Am. Sub. H. B. No. 2 As Reported by the Committee of Conference

As Reported by the Committee of Conference

128th General Assembly

Regular Session

2009-2010

Am. Sub. H. B. No. 2

Representative Ujvagi

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,	45
151.09, 151.40, 955.201, 1548.10, 1751.53, 2911.21, 2949.094,	46
3304.14, 3719.21, 3905.423, 3923.38, 4141.242, 4141.301, 4163.01,	47
4163.07, 4501.01, 4501.03, 4501.044, 4501.06, 4501.21,	48
4501.34, 4503.04, 4503.042, 4503.07, 4503.10, 4503.103,	49
4503.182, 4503.19, 4503.191, 4503.26, 4503.40, 4503.42, 4503.65,	50
4505.032, 4505.09, 4505.14, 4506.07, 4506.08, 4506.11, 4507.06,	51
4507.13, 4507.23, 4507.24, 4507.51, 4507.52, 4509.05, 4511.01,	52
4511.093, 4511.181, 4511.191, 4511.21, 4511.213, 4513.03,	53
4513.263, 4513.34, 4517.021, 4519.02, 4519.03, 4519.04, 4519.08,	54
4519.09, 4519.10, 4519.44, 4519.47, 4519.59, 4519.63, 4561.17,	55
4561.18, 4561.21, 4729.42, 4729.99, 4776.02, 4776.04, 4928.64,	56
4928.65, 4981.02, 5501.03, 5501.311, 5501.34, 5502.03, 5502.39,	57
5502.67, 5502.68, 5515.01, 5515.07, 5517.011, 5525.15,	58
5531.09, 5537.07, 5537.99, 5541.05, and 5571.20 be amended and	59
sections 5.24, 121.53, 122.077, 123.153, 3905.425, 3905.426,	60
4501.026, 4511.108, 4905.801, 4905.802, 4981.40, 5501.60,	61
5502.131, 5531.11, 5531.12, 5531.13, 5531.14, 5531.15,	62
5531.16, 5531.17, 5531.18, 5531.99, and 5537.30 of the	63
Revised Code be enacted to read as follows:	64

Sec. 5.24. The city of Dayton and county of Montgomery are	65
hereby designated as an Ohio hub of innovation and opportunity for	66
aerospace and aviation.	67

Sec. 121.51. There is hereby created in the office of the	68
inspector general the position of deputy inspector general for the	69
department of transportation. The inspector general shall appoint	70
the deputy inspector general, and the deputy inspector general	71
shall serve at the pleasure of the inspector general. A person	72
employed as the deputy inspector general shall have the same	73
qualifications as those specified in section 121.49 of the Revised	74
Code for the inspector general. The inspector general shall	75
provide technical, professional, and clerical assistance to the	76
deputy inspector general. ~~The inspector general shall certify to~~	77
~~the director of budget and management the costs, including the~~	78
~~salaries of the deputy inspector general and the employees~~	79
~~assisting the deputy inspector general, that the inspector~~	80
~~general expects the deputy inspector general to incur during the~~	81
~~fiscal year or such lesser period for which the certification is~~	82
~~made. The director of budget and management shall transfer the~~	83
~~amounts certified to~~	84

There is hereby created in the state treasury the deputy	85
inspector general for ODOT fund~~, which is hereby created in the~~	86
~~state treasury, from the appropriation made to the department~~	87
~~of transportation from which expenditures for general~~	88
~~administrative purposes, as distinguished from specific~~	89
~~infrastructure projects, are made. The transfers shall be made in~~	90
~~accordance with a schedule that the inspector general considers~~	91
~~to be appropriate but shall not be in amounts that would create~~	92
~~a balance in the fund in excess of need or that would exceed the~~	93
~~amount appropriated from the fund~~. The fund shall consist of	94
money credited to the fund for the payment of costs incurred by	95
the deputy inspector general in performing the duties of the	96
deputy inspector general as specified in this section. The	97
inspector general shall use the ~~deputy inspector general for~~	98
~~ODOT~~ fund to pay costs incurred by the deputy inspector	99
general in performing the duties of the deputy inspector general	100
as required under this section.	101

The deputy inspector general shall investigate all wrongful	102
acts or omissions that have been committed or are being committed	103
by employees of the department. In addition, the deputy inspector	104
general shall conduct a program of random review of the processing	105
of contracts associated with building and maintaining the state's	106
infrastructure. The random review program shall be designed by the	107
inspector general. The program shall be confidential and may be	108
altered by the inspector general at any time. The deputy inspector	109
general has the same powers and duties regarding matters	110
concerning the department as those specified in sections 121.42,	111
121.43, and 121.45 of the Revised Code for the inspector general.	112
Complaints may be filed with the deputy inspector general in the	113
same manner as prescribed for complaints filed with the inspector	114
general under section 121.46 of the Revised Code. All	115
investigations conducted and reports issued by the deputy	116
inspector general are subject to section 121.44 of the Revised	117
Code.	118

All officers and employees of the department shall cooperate	119
with and provide assistance to the deputy inspector general in the	120
performance of any investigation conducted by the deputy inspector	121
general. In particular, those persons shall make their premises,	122
equipment, personnel, books, records, and papers readily available	123
to the deputy inspector general. In the course of an	124
investigation, the deputy inspector general may question any	125
officers or employees of the department and any person transacting	126
business with the department and may inspect and copy any books,	127
records, or papers in the possession of the department, taking	128
care to preserve the confidentiality of information contained in	129
responses to questions or the books, records, or papers that are	130
made confidential by law. In performing any investigation, the	131
deputy inspector general shall avoid interfering with the ongoing	132
operations of the department, except insofar as is reasonably	133
necessary to complete the investigation successfully.	134

At the conclusion of an investigation by the deputy inspector	135
general, the deputy inspector general shall deliver to the	136
director of transportation and the governor any case for which	137
remedial action is necessary. The deputy inspector general shall	138
maintain a public record of the activities of the deputy inspector	139
general to the extent permitted under this section, ensuring that	140
the rights of the parties involved in each case are protected. The	141
inspector general shall include in the annual report required by	142
section 121.48 of the Revised Code a summary of the deputy	143
inspector general's activities during the previous year.	144

No person shall disclose any information that is designated	145
as confidential in accordance with section 121.44 of the Revised	146
Code or any confidential information that is acquired in the	147
course of an investigation conducted under this section to any	148
person who is not legally entitled to disclosure of that	149
information.	150

Sec. 121.53. There is hereby created in the office of the	151
inspector general the position of deputy inspector general for	152
funds received through the American Recovery and Reinvestment Act	153
of 2009. The inspector general shall appoint the deputy inspector	154
general, and the deputy inspector general shall serve at the	155
pleasure of the inspector general. A person employed as the deputy	156
inspector general shall have the same qualifications as those	157
specified in section 121.49 of the Revised Code for the inspector	158
general. The inspector general shall provide technical,	159
professional, and clerical assistance to the deputy inspector	160
general.	161

There is hereby created in the state treasury the deputy	162
inspector general for funds received through the American recovery	163
and reinvestment act of 2009 fund. The fund shall consist of money	164
credited to the fund for the payment of costs incurred by the	165
deputy inspector general for performing the duties of the deputy	166
inspector general as specified in this section. The inspector	167
general shall use the fund to pay costs incurred by the deputy	168
inspector general in performing the duties of the deputy inspector	169
general as required under this section.	170

The deputy inspector general shall monitor relevant state	171
agencies' distribution of funds received from the federal	172
government under the "American Recovery and Reinvestment Act of	173
2009," Pub. Law 111-5, 123 Stat. 115 and shall investigate all	174
wrongful acts or omissions that have been committed or are being	175
committed by officers or employees of, or contractors with,	176
relevant state agencies with respect to money received from the	177
federal government under the American Recovery and Reinvestment	178
Act of 2009. In addition, the deputy inspector general shall	179
conduct a program of random review of the processing of	180
contracts associated with projects to be paid for with such	181
money. The random review program shall be designed by the	182
inspector general. The program shall be confidential and may be	183
altered by the inspector general at any time. The deputy	184
inspector general has the same powers and duties regarding	185
matters concerning such money as those specified in sections	186
121.42, 121.43, and 121.45 of the Revised Code for the inspector	187
general. Complaints may be filed with the deputy inspector	188
general in the same manner as prescribed for complaints filed	189
with the inspector general under section 121.46 of the Revised	190
Code. All investigations conducted and reports issued by the	191
deputy inspector general are subject to section 121.44 of the	192
Revised Code.	193

All relevant state agencies shall cooperate with and provide	194
assistance to the deputy inspector general in the performance of	195
any investigation conducted by the deputy inspector general. In	196
particular, those persons shall make their premises, equipment,	197
personnel, books, records, and papers readily available to the	198
deputy inspector general. In the course of an investigation, the	199
deputy inspector general may question any officers or employees of	200
the relevant agency and any person transacting business with the	201
agency and may inspect and copy any books, records, or papers in	202
the possession of the agency, taking care to preserve the	203
confidentiality of information contained in responses to questions	204
or the books, records, or papers that are made confidential by	205
law. In performing any investigation, the deputy inspector general	206
shall avoid interfering with the ongoing operations of the agency,	207
except as is reasonably necessary to complete the investigation	208
successfully.	209

At the conclusion of an investigation by the deputy	210
inspector, the deputy inspector general shall deliver to the	211
speaker and minority leader of the house of representatives,	212
president and minority leader of the senate, governor, and	213
relevant agency any case for which remedial action is necessary.	214
The deputy inspector general shall maintain a public record of the	215
activities of the deputy inspector general to the extent permitted	216
under this section, ensuring that the rights of the parties	217
involved in each case are protected. The inspector general shall	218
include in the annual report required by section 121.48 of the	219
Revised Code a summary of the deputy inspector general's	220
activities during the previous year.	221

No person shall disclose any information that is designated	222
as confidential in accordance with section 121.44 of the Revised	223
Code or any confidential information that is acquired in the	224
course of an investigation conducted under this section to any	225
person who is not legally entitled to disclosure of that	226
information.	227

As used in this section, "relevant state agencies" has the	228
same meaning as "state agency" in section 121.41 of the Revised	229
Code insofar as those agenices are the recipients or distributors	230
of funds apportioned under the "American Recovery and Reinvestment	231
Act of 2009," Pub. Law 111-5, 123 Stat. 115.	232

In this section, "American Recovery and Reinvestment Act of	233
2009" means the "American Recovery and Reinvestment Act of 2009, "	234
Pub. L. No. 111-5, 123 Stat. 115.	235

Sec. 122.077. For the purpose of promoting the use of energy	236
efficient products to reduce greenhouse gas emissions in this	237
state, the director of development shall establish an energy star	238
rebate program under which the director may provide rebates to	239
consumers for household devices carrying the energy star label	240
indicating that the device meets the energy efficiency criteria of	241
the energy star program established by the United States	242
department of energy and the United States environmental	243
protection agency. The director shall adopt rules under Chapter	244
119. of the Revised Code that are necessary for successful and	245
efficient administration of the energy star rebate program and	246
shall specify in the rules that grant availability is limited to	247
federal stimulus funds or any other funds specifically	248
appropriated for such a program.	249

Sec. 123.153. (A) As used in this section:

250

(1) "Minority business enterprise" has the same meaning as in	251
section 123.151 of the Revised Code.	252

(2) "EDGE business enterprise" has the same meaning as in	253
section 123.152 of the Revised Code.	254

(B) Beginning October 1, 2009, and on the first day of	255
October in each year thereafter, the director of administrative	256
services shall submit a written report to the governor and to each	257
member of the general assembly describing the progress made by	258
state agencies in advancing the minority business enterprise	259
program and the encouraging diversity, growth, and equity program.	260
The report shall highlight the initiatives implemented to	261
encourage participation of minority-owned, as well as socially and	262
economically disadvantaged, businesses in programs funded by	263
federal money received by the state for fiscal stabilization and	264
recovery purposes. The report shall also include the total number	265
of procurement contracts each agency has entered into with	266
certified minority business enterprises and EDGE business	267
enterprises.	268

Sec. 133.52. A county, municipal corporation, or township may	269
issue or incur public obligations, including general obligations,	270
to provide, or assist in providing, grants, loans, loan	271
guarantees, or contributions for conservation and revitalization	272
purposes pursuant to ~~Section~~Sections 2o and 2q of Article VIII,	273
Ohio Constitution.	274

Sec. 151.01. (A) As used in sections 151.01 to 151.11 and	275
151.40 of the Revised Code and in the applicable bond proceedings	276
unless otherwise provided:	277

(1) "Bond proceedings" means the resolutions, orders,	278
agreements, and credit enhancement facilities, and amendments and	279
supplements to them, or any one or more or combination of them,	280
authorizing, awarding, or providing for the terms and conditions	281
applicable to or providing for the security or liquidity of, the	282
particular obligations, and the provisions contained in those	283
obligations.	284

(2) "Bond service fund" means the respective bond service	285
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	286
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code, and	287
any accounts in that fund, including all moneys and investments,	288
and earnings from investments, credited and to be credited to that	289
fund and accounts as and to the extent provided in the applicable	290
bond proceedings.	291

(3) "Capital facilities" means capital facilities or projects	292
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	293
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code.	294

(4) "Costs of capital facilities" means the costs of	295
acquiring, constructing, reconstructing, rehabilitating,	296
remodeling, renovating, enlarging, improving, equipping, or	297
furnishing capital facilities, and of the financing of those	298
costs. "Costs of capital facilities" includes, without limitation,	299
and in addition to costs referred to in section 151.03, 151.04,	300
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, 151.11, or 151.40	301
of the Revised Code, the cost of clearance and preparation of the	302
site and of any land to be used in connection with capital	303
facilities, the cost of any indemnity and surety bonds and	304
premiums on insurance, all related direct administrative expenses	305
and allocable portions of direct costs of the issuing authority,	306
costs of engineering and architectural services, designs, plans,	307
specifications, surveys, and estimates of cost, financing costs,	308
interest on obligations from their date to the time when interest	309
is to be paid from sources other than proceeds of obligations,	310
amounts necessary to establish any reserves as required by the	311
bond proceedings, the reimbursement of all moneys advanced or	312
applied by or borrowed from any person or governmental agency or	313
entity for the payment of any item of costs of capital facilities,	314
and all other expenses necessary or incident to planning or	315
determining feasibility or practicability with respect to capital	316
facilities, and such other expenses as may be necessary or	317
incident to the acquisition, construction, reconstruction,	318
rehabilitation, remodeling, renovation, enlargement, improvement,	319
equipment, and furnishing of capital facilities, the financing of	320
those costs, and the placing of the capital facilities in use and	321
operation, including any one, part of, or combination of those	322
classes of costs and expenses. For purposes of sections 122.085 to	323
122.0820 of the Revised Code, "costs of capital facilities"	324
includes "allowable costs" as defined in section 122.085 of the	325
Revised Code.	326

(5) "Credit enhancement facilities," "financing costs," and	327
"interest" or "interest equivalent" have the same meanings as in	328
section 133.01 of the Revised Code.	329

(6) "Debt service" means principal, including any mandatory	330
sinking fund or redemption requirements for retirement of	331
obligations, interest and other accreted amounts, interest	332
equivalent, and any redemption premium, payable on obligations. If	333
not prohibited by the applicable bond proceedings, debt service	334
may include costs relating to credit enhancement facilities that	335
are related to and represent, or are intended to provide a source	336
of payment of or limitation on, other debt service.	337

(7) "Issuing authority" means the Ohio public facilities	338
commission created in section 151.02 of the Revised Code for	339
obligations issued under section 151.03, 151.04, 151.05, 151.07,	340
151.08, 151.09, 151.10, or 151.11 of the Revised Code, or the	341
treasurer of state, or the officer who by law performs the	342
functions of that office, for obligations issued under section	343
151.06 or 151.40 of the Revised Code.	344

(8) "Net proceeds" means amounts received from the sale of	345
obligations, excluding amounts used to refund or retire	346
outstanding obligations, amounts required to be deposited into	347
special funds pursuant to the applicable bond proceedings, and	348
amounts to be used to pay financing costs.	349

(9) "Obligations" means bonds, notes, or other evidences of	350
obligation of the state, including any appertaining interest	351
coupons, issued under Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	352
Article VIII, Ohio Constitution, and pursuant to sections 151.01	353
to 151.11 or 151.40 of the Revised Code or other general assembly	354
authorization.	355

(10) "Principal amount" means the aggregate of the amount as	356
stated or provided for in the applicable bond proceedings as the	357
amount on which interest or interest equivalent on particular	358
obligations is initially calculated. Principal amount does not	359
include any premium paid to the state by the initial purchaser of	360
the obligations. "Principal amount" of a capital appreciation	361
bond, as defined in division (C) of section 3334.01 of the Revised	362
Code, means its face amount, and "principal amount" of a zero	363
coupon bond, as defined in division (J) of section 3334.01 of the	364
Revised Code, means the discounted offering price at which the	365
bond is initially sold to the public, disregarding any purchase	366
price discount to the original purchaser, if provided for pursuant	367
to the bond proceedings.	368

(11) "Special funds" or "funds," unless the context indicates	369
otherwise, means the bond service fund, and any other funds,	370
including any reserve funds, created under the bond proceedings	371
and stated to be special funds in those proceedings, including	372
moneys and investments, and earnings from investments, credited	373
and to be credited to the particular fund. Special funds do not	374
include the school building program assistance fund created by	375
section 3318.25 of the Revised Code, the higher education	376
improvement fund created by division (F) of section 154.21 of the	377
Revised Code, the highway capital improvement bond fund created by	378
section 5528.53 of the Revised Code, the state parks and natural	379
resources fund created by section 1557.02 of the Revised Code, the	380
coal research and development fund created by section 1555.15 of	381
the Revised Code, the clean Ohio conservation fund created by	382
section 164.27 of the Revised Code, the clean Ohio revitalization	383
fund created by section 122.658 of the Revised Code, the job ready	384
site development fund created by section 122.0820 of the Revised	385
Code, the third frontier research and development fund created by	386
section 184.19 of the Revised Code, the third frontier research	387
and development taxable bond fund created by section 184.191 of	388
the Revised Code, or other funds created by the bond proceedings	389
that are not stated by those proceedings to be special funds.	390

(B) Subject to Section 2l, 2m, 2n, 2o, 2p, 2q, or 15, and	391
Section 17, of Article VIII, Ohio Constitution, the state, by the	392
issuing authority, is authorized to issue and sell, as provided in	393
sections 151.03 to 151.11 or 151.40 of the Revised Code, and in	394
respective aggregate principal amounts as from time to time	395
provided or authorized by the general assembly, general	396
obligations of this state for the purpose of paying costs of	397
capital facilities or projects identified by or pursuant to	398
general assembly action.	399

(C) Each issue of obligations shall be authorized by	400
resolution or order of the issuing authority. The bond proceedings	401
shall provide for or authorize the manner for determining the	402
principal amount or maximum principal amount of obligations of an	403
issue, the principal maturity or maturities, the interest rate or	404
rates, the date of and the dates of payment of interest on the	405
obligations, their denominations, and the place or places of	406
payment of debt service which may be within or outside the state.	407
Unless otherwise provided by law, the latest principal maturity	408
may not be later than the earlier of the thirty-first day of	409
December of the twenty-fifth calendar year after the year of	410
issuance of the particular obligations or of the twenty-fifth	411
calendar year after the year in which the original obligation to	412
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	413
and 9.983 of the Revised Code apply to obligations. The purpose of	414
the obligations may be stated in the bond proceedings in general	415
terms, such as, as applicable, "financing or assisting in the	416
financing of projects as provided in Section 2l of Article VIII,	417
Ohio Constitution," "financing or assisting in the financing of	418
highway capital improvement projects as provided in Section 2m of	419
Article VIII, Ohio Constitution," "paying costs of capital	420
facilities for a system of common schools throughout the state as	421
authorized by Section 2n of Article VIII, Ohio Constitution,"	422
"paying costs of capital facilities for state-supported and	423
state-assisted institutions of higher education as authorized by	424
Section 2n of Article VIII, Ohio Constitution," "paying costs of	425
coal research and development as authorized by Section 15 of	426
Article VIII, Ohio Constitution," "financing or assisting in the	427
financing of local subdivision capital improvement projects as	428
authorized by Section 2m of Article VIII, Ohio Constitution,"	429
"paying costs of conservation projects as authorized by ~~Section~~	430
Sections 2o and 2q of Article VIII, Ohio Constitution," "paying	431
costs of revitalization projects as authorized by ~~Section~~Sections	432
2o and 2q of Article VIII, Ohio Constitution," "paying costs of	433
preparing sites for industry, commerce, distribution, or research	434
and development as authorized by Section 2p of Article VIII, Ohio	435
Constitution," or "paying costs of research and development as	436
authorized by Section 2p of Article VIII, Ohio Constitution."	437

(D) The issuing authority may appoint or provide for the	438
appointment of paying agents, bond registrars, securities	439
depositories, clearing corporations, and transfer agents, and may	440
without need for any other approval retain or contract for the	441
services of underwriters, investment bankers, financial advisers,	442
accounting experts, marketing, remarketing, indexing, and	443
administrative agents, other consultants, and independent	444
contractors, including printing services, as are necessary in the	445
judgment of the issuing authority to carry out the issuing	446
authority's functions under this chapter. When the issuing	447
authority is the Ohio public facilities commission, the issuing	448
authority also may without need for any other approval retain or	449
contract for the services of attorneys and other professionals for	450
that purpose. Financing costs are payable, as may be provided in	451
the bond proceedings, from the proceeds of the obligations, from	452
special funds, or from other moneys available for the purpose.	453

(E) The bond proceedings may contain additional provisions	454
customary or appropriate to the financing or to the obligations or	455
to particular obligations including, but not limited to,	456
provisions for:	457

(1) The redemption of obligations prior to maturity at the	458
option of the state or of the holder or upon the occurrence of	459
certain conditions, and at particular price or prices and under	460
particular terms and conditions;	461

(2) The form of and other terms of the obligations;

462

(3) The establishment, deposit, investment, and application	463
of special funds, and the safeguarding of moneys on hand or on	464
deposit, in lieu of the applicability of provisions of Chapter	465
131. or 135. of the Revised Code, but subject to any special	466
provisions of sections 151.01 to 151.11 or 151.40 of the Revised	467
Code with respect to the application of particular funds or	468
moneys. Any financial institution that acts as a depository of any	469
moneys in special funds or other funds under the bond proceedings	470
may furnish indemnifying bonds or pledge securities as required by	471
the issuing authority.	472

(4) Any or every provision of the bond proceedings being	473
binding upon the issuing authority and upon such governmental	474
agency or entity, officer, board, commission, authority, agency,	475
department, institution, district, or other person or body as may	476
from time to time be authorized to take actions as may be	477
necessary to perform all or any part of the duty required by the	478
provision;	479

(5) The maintenance of each pledge or instrument comprising	480
part of the bond proceedings until the state has fully paid or	481
provided for the payment of the debt service on the obligations or	482
met other stated conditions;	483

(6) In the event of default in any payments required to be	484
made by the bond proceedings, or by any other agreement of the	485
issuing authority made as part of a contract under which the	486
obligations were issued or secured, including a credit enhancement	487
facility, the enforcement of those payments by mandamus, a suit in	488
equity, an action at law, or any combination of those remedial	489
actions;	490

(7) The rights and remedies of the holders or owners of	491
obligations or of book-entry interests in them, and of third	492
parties under any credit enhancement facility, and provisions for	493
protecting and enforcing those rights and remedies, including	494
limitations on rights of individual holders or owners;	495

(8) The replacement of mutilated, destroyed, lost, or stolen	496
obligations;	497

(9) The funding, refunding, or advance refunding, or other	498
provision for payment, of obligations that will then no longer be	499
outstanding for purposes of this section or of the applicable bond	500
proceedings;	501

(10) Amendment of the bond proceedings;

502

(11) Any other or additional agreements with the owners of	503
obligations, and such other provisions as the issuing authority	504
determines, including limitations, conditions, or qualifications,	505
relating to any of the foregoing.	506

(F) The great seal of the state or a facsimile of it may be	507
affixed to or printed on the obligations. The obligations	508
requiring execution by or for the issuing authority shall be	509
signed as provided in the bond proceedings. Any obligations may be	510
signed by the individual who on the date of execution is the	511
authorized signer although on the date of these obligations that	512
individual is not an authorized signer. In case the individual	513
whose signature or facsimile signature appears on any obligation	514
ceases to be an authorized signer before delivery of the	515
obligation, that signature or facsimile is nevertheless valid and	516
sufficient for all purposes as if that individual had remained the	517
authorized signer until delivery.	518

(G) Obligations are investment securities under Chapter 1308.	519
of the Revised Code. Obligations may be issued in bearer or in	520
registered form, registrable as to principal alone or as to both	521
principal and interest, or both, or in certificated or	522
uncertificated form, as the issuing authority determines.	523
Provision may be made for the exchange, conversion, or transfer of	524
obligations and for reasonable charges for registration, exchange,	525
conversion, and transfer. Pending preparation of final	526
obligations, the issuing authority may provide for the issuance of	527
interim instruments to be exchanged for the final obligations.	528

(H) Obligations may be sold at public sale or at private	529
sale, in such manner, and at such price at, above or below par,	530
all as determined by and provided by the issuing authority in the	531
bond proceedings.	532

(I) Except to the extent that rights are restricted by the	533
bond proceedings, any owner of obligations or provider of a credit	534
enhancement facility may by any suitable form of legal proceedings	535
protect and enforce any rights relating to obligations or that	536
facility under the laws of this state or granted by the bond	537
proceedings. Those rights include the right to compel the	538
performance of all applicable duties of the issuing authority and	539
the state. Each duty of the issuing authority and that authority's	540
officers, staff, and employees, and of each state entity or	541
agency, or using district or using institution, and its officers,	542
members, staff, or employees, undertaken pursuant to the bond	543
proceedings, is hereby established as a duty of the entity or	544
individual having authority to perform that duty, specifically	545
enjoined by law and resulting from an office, trust, or station	546
within the meaning of section 2731.01 of the Revised Code. The	547
individuals who are from time to time the issuing authority,	548
members or officers of the issuing authority, or those members'	549
designees acting pursuant to section 151.02 of the Revised Code,	550
or the issuing authority's officers, staff, or employees, are not	551
liable in their personal capacities on any obligations or	552
otherwise under the bond proceedings.	553

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15,	554
and Section 17, of Article VIII, Ohio Constitution and sections	555
151.01 to 151.11 or 151.40 of the Revised Code, the issuing	556
authority may, in addition to the authority referred to in	557
division (B) of this section, authorize and provide for the	558
issuance of:	559

(a) Obligations in the form of bond anticipation notes, and	560
may provide for the renewal of those notes from time to time by	561
the issuance of new notes. The holders of notes or appertaining	562
interest coupons have the right to have debt service on those	563
notes paid solely from the moneys and special funds that are or	564
may be pledged to that payment, including the proceeds of bonds or	565
renewal notes or both, as the issuing authority provides in the	566
bond proceedings authorizing the notes. Notes may be additionally	567
secured by covenants of the issuing authority to the effect that	568
the issuing authority and the state will do all things necessary	569
for the issuance of bonds or renewal notes in such principal	570
amount and upon such terms as may be necessary to provide moneys	571
to pay when due the debt service on the notes, and apply their	572
proceeds to the extent necessary, to make full and timely payment	573
of debt service on the notes as provided in the applicable bond	574
proceedings. In the bond proceedings authorizing the issuance of	575
bond anticipation notes the issuing authority shall set forth for	576
the bonds anticipated an estimated schedule of annual principal	577
payments the latest of which shall be no later than provided in	578
division (C) of this section. While the notes are outstanding	579
there shall be deposited, as shall be provided in the bond	580
proceedings for those notes, from the sources authorized for	581
payment of debt service on the bonds, amounts sufficient to pay	582
the principal of the bonds anticipated as set forth in that	583
estimated schedule during the time the notes are outstanding,	584
which amounts shall be used solely to pay the principal of those	585
notes or of the bonds anticipated.	586

(b) Obligations for the refunding, including funding and	587
retirement, and advance refunding with or without payment or	588
redemption prior to maturity, of any obligations previously	589
issued. Refunding obligations may be issued in amounts sufficient	590
to pay or to provide for repayment of the principal amount,	591
including principal amounts maturing prior to the redemption of	592
the remaining prior obligations, any redemption premium, and	593
interest accrued or to accrue to the maturity or redemption date	594
or dates, payable on the prior obligations, and related financing	595
costs and any expenses incurred or to be incurred in connection	596
with that issuance and refunding. Subject to the applicable bond	597
proceedings, the portion of the proceeds of the sale of refunding	598
obligations issued under division (J)(1)(b) of this section to be	599
applied to debt service on the prior obligations shall be credited	600
to an appropriate separate account in the bond service fund and	601
held in trust for the purpose by the issuing authority or by a	602
corporate trustee. Obligations authorized under this division	603
shall be considered to be issued for those purposes for which the	604
prior obligations were issued.	605

(2) Except as otherwise provided in sections 151.01 to 151.11	606
or 151.40 of the Revised Code, bonds or notes authorized pursuant	607
to division (J) of this section are subject to the provisions of	608
those sections pertaining to obligations generally.	609

(3) The principal amount of refunding or renewal obligations	610
issued pursuant to division (J) of this section shall be in	611
addition to the amount authorized by the general assembly as	612
referred to in division (B) of the following sections: section	613
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, 151.10,	614
151.11, or 151.40 of the Revised Code.	615

(K) Obligations are lawful investments for banks, savings and	616
loan associations, credit union share guaranty corporations, trust	617
companies, trustees, fiduciaries, insurance companies, including	618
domestic for life and domestic not for life, trustees or other	619
officers having charge of sinking and bond retirement or other	620
special funds of the state and political subdivisions and taxing	621
districts of this state, the sinking fund, the administrator of	622
workers' compensation subject to the approval of the workers'	623
compensation board, the state teachers retirement system, the	624
public employees retirement system, the school employees	625
retirement system, and the Ohio police and fire pension fund,	626
notwithstanding any other provisions of the Revised Code or rules	627
adopted pursuant to those provisions by any state agency with	628
respect to investments by them, and are also acceptable as	629
security for the repayment of the deposit of public moneys. The	630
exemptions from taxation in Ohio as provided for in particular	631
sections of the Ohio Constitution and section 5709.76 of the	632
Revised Code apply to the obligations.	633

(L)(1) Unless otherwise provided or provided for in any	634
applicable bond proceedings, moneys to the credit of or in a	635
special fund shall be disbursed on the order of the issuing	636
authority. No such order is required for the payment, from the	637
bond service fund or other special fund, when due of debt service	638
or required payments under credit enhancement facilities.	639

(2) Payments received by the state under interest rate hedges	640
entered into as credit enhancement facilities under this chapter	641
shall be deposited to the credit of the bond service fund for the	642
obligations to which those credit enhancement facilities relate.	643

(M) The full faith and credit, revenue, and taxing power of	644
the state are and shall be pledged to the timely payment of debt	645
service on outstanding obligations as it comes due, all in	646
accordance with Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	647
Article VIII, Ohio Constitution, and section 151.03, 151.04,	648
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, or 151.11 of the	649
Revised Code. Moneys referred to in Section 5a of Article XII,	650
Ohio Constitution, may not be pledged or used for the payment of	651
debt service except on obligations referred to in section 151.06	652
of the Revised Code. Net state lottery proceeds, as provided for	653
and referred to in section 3770.06 of the Revised Code, may not be	654
pledged or used for the payment of debt service except on	655
obligations referred to in section 151.03 of the Revised Code. The	656
state covenants, and that covenant shall be controlling	657
notwithstanding any other provision of law, that the state and the	658
applicable officers and agencies of the state, including the	659
general assembly, shall, so long as any obligations are	660
outstanding in accordance with their terms, maintain statutory	661
authority for and cause to be levied, collected and applied	662
sufficient pledged excises, taxes, and revenues of the state so	663
that the revenues shall be sufficient in amounts to pay debt	664
service when due, to establish and maintain any reserves and other	665
requirements, and to pay financing costs, including costs of or	666
relating to credit enhancement facilities, all as provided for in	667
the bond proceedings. Those excises, taxes, and revenues are and	668
shall be deemed to be levied and collected, in addition to the	669
purposes otherwise provided for by law, to provide for the payment	670
of debt service and financing costs in accordance with sections	671
151.01 to 151.11 of the Revised Code and the bond proceedings.	672

(N) The general assembly may from time to time repeal or	673
reduce any excise, tax, or other source of revenue pledged to the	674
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	675
2o, 2p, 2q, or 15 of Article VIII, Ohio Constitution, and sections	676
151.01 to 151.11 or 151.40 of the Revised Code, and may levy,	677
collect and apply any new or increased excise, tax, or revenue to	678
meet the pledge, to the payment of debt service on outstanding	679
obligations, of the state's full faith and credit, revenue and	680
taxing power, or of designated revenues and receipts, except fees,	681
excises or taxes referred to in Section 5a of Article XII, Ohio	682
Constitution, for other than obligations referred to in section	683
151.06 of the Revised Code and except net state lottery proceeds	684
for other than obligations referred to in section 151.03 of the	685
Revised Code. Nothing in division (N) of this section authorizes	686
any impairment of the obligation of this state to levy and collect	687
sufficient excises, taxes, and revenues to pay debt service on	688
obligations outstanding in accordance with their terms.	689

(O) Each bond service fund is a trust fund and is hereby	690
pledged to the payment of debt service on the applicable	691
obligations. Payment of that debt service shall be made or	692
provided for by the issuing authority in accordance with the bond	693
proceedings without necessity for any act of appropriation. The	694
bond proceedings may provide for the establishment of separate	695
accounts in the bond service fund and for the application of those	696
accounts only to debt service on specific obligations, and for	697
other accounts in the bond service fund within the general	698
purposes of that fund.	699

(P) Subject to the bond proceedings pertaining to any	700
obligations then outstanding in accordance with their terms, the	701
issuing authority may in the bond proceedings pledge all, or such	702
portion as the issuing authority determines, of the moneys in the	703
bond service fund to the payment of debt service on particular	704
obligations, and for the establishment and maintenance of any	705
reserves for payment of particular debt service.	706

(Q) The issuing authority shall by the fifteenth day of July	707
of each fiscal year, certify or cause to be certified to the	708
office of budget and management the total amount of moneys	709
required during the current fiscal year to meet in full all debt	710
service on the respective obligations and any related financing	711
costs payable from the applicable bond service fund and not from	712
the proceeds of refunding or renewal obligations. The issuing	713
authority shall make or cause to be made supplemental	714
certifications to the office of budget and management for each	715
debt service payment date and at such other times during each	716
fiscal year as may be provided in the bond proceedings or	717
requested by that office. Debt service, costs of credit	718
enhancement facilities, and other financing costs shall be set	719
forth separately in each certification. If and so long as the	720
moneys to the credit of the bond service fund, together with any	721
other moneys available for the purpose, are insufficient to meet	722
in full all payments when due of the amount required as stated in	723
the certificate or otherwise, the office of budget and management	724
shall at the times as provided in the bond proceedings, and	725
consistent with any particular provisions in sections 151.03 to	726
151.11 and 151.40 of the Revised Code, transfer a sufficient	727
amount to the bond service fund from the pledged revenues in the	728
case of obligations issued pursuant to section 151.40 of the	729
Revised Code, and in the case of other obligations from the	730
revenues derived from excises, taxes, and other revenues,	731
including net state lottery proceeds in the case of obligations	732
referred to in section 151.03 of the Revised Code.	733

(R) Unless otherwise provided in any applicable bond	734
proceedings, moneys to the credit of special funds may be invested	735
by or on behalf of the state only in one or more of the following:	736

(1) Notes, bonds, or other direct obligations of the United	737
States or of any agency or instrumentality of the United States,	738
or in no-front-end-load money market mutual funds consisting	739
exclusively of those obligations, or in repurchase agreements,	740
including those issued by any fiduciary, secured by those	741
obligations, or in collective investment funds consisting	742
exclusively of those obligations;	743

(2) Obligations of this state or any political subdivision of	744
this state;	745

(3) Certificates of deposit of any national bank located in	746
this state and any bank, as defined in section 1101.01 of the	747
Revised Code, subject to inspection by the superintendent of	748
financial institutions;	749

(4) The treasurer of state's pooled investment program under	750
section 135.45 of the Revised Code.	751

The income from investments referred to in division (R) of	752
this section shall, unless otherwise provided in sections 151.01	753
to 151.11 or 151.40 of the Revised Code, be credited to special	754
funds or otherwise as the issuing authority determines in the bond	755
proceedings. Those investments may be sold or exchanged at times	756
as the issuing authority determines, provides for, or authorizes.	757

(S) The treasurer of state shall have responsibility for	758
keeping records, making reports, and making payments, relating to	759
any arbitrage rebate requirements under the applicable bond	760
proceedings.	761

Sec. 151.09. (A) As used in this section:

762

(1) "Costs of conservation projects" includes related direct	763
administrative expenses and allocable portions of the direct costs	764
of those projects of the department of agriculture, the department	765
of natural resources, or the Ohio public works commission.	766

(2) "Obligations" means obligations as defined in section	767
151.01 of the Revised Code issued to pay costs of projects for	768
conservation purposes as referred to in division (A)(1) of Section	769
2o of Article VIII, Ohio Constitution and division (A)(1) of	770
Section 2q of Article VIII, Ohio Constitution.	771

(B)(1) The issuing authority shall issue general obligations	772
of the state to pay costs of conservation projects pursuant to	773
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	774
division (B)(1) of Section 2q of Article VIII, Ohio Constitution,	775
section 151.01 of the Revised Code, and this section. The issuing	776
authority, upon the certification to it by the Ohio public works	777
commission of amounts needed in and for the purposes of the clean	778
Ohio conservation fund created by section 164.27 of the Revised	779
Code, the clean Ohio agricultural easement fund created by section	780
901.21 of the Revised Code, and the clean Ohio trail fund created	781
by section 1519.05 of the Revised Code, shall issue obligations in	782
the amount determined by the issuing authority to be required for	783
those purposes. Not more than ~~two~~four hundred million dollars	784
principal amount of obligations issued under this section for	785
conservation purposes may be outstanding at any one time. Not more	786
than fifty million dollars principal amount of obligations, plus	787
the principal amount of obligations that in any prior fiscal year	788
could have been, but were not issued within the	789
fifty-million-dollar fiscal year limit, may be issued in any	790
fiscal year.	791

(2) In making the certification required under division	792
(B)(1) of this section, the Ohio public works commission shall	793
consult with the department of agriculture and the department of	794
natural resources. The commission shall certify amounts that	795
correspond to the distribution of the net proceeds of obligations	796
provided in division (C) of this section.	797

(C) Net proceeds of obligations shall be deposited as	798
follows:	799

(1) Seventy-five per cent into the clean Ohio conservation	800
fund created by section 164.27 of the Revised Code;	801

(2) Twelve and one-half per cent into the clean Ohio	802
agricultural easement fund created by section 901.21 of the	803
Revised Code;	804

(3) Twelve and one-half per cent into the clean Ohio trail	805
fund created by section 1519.05 of the Revised Code.	806

(D) There is hereby created in the state treasury the	807
conservation projects bond service fund. All moneys received by	808
the state and required by the bond proceedings, consistent with	809
section 151.01 of the Revised Code and this section, to be	810
deposited, transferred, or credited to the bond service fund, and	811
all other moneys transferred or allocated to or received for the	812
purposes of that fund, shall be deposited and credited to the bond	813
service fund, subject to any applicable provisions of the bond	814
proceedings, but without necessity for any act of appropriation.	815
During the period beginning with the date of the first issuance of	816
obligations and continuing during the time that any obligations	817
are outstanding in accordance with their terms, so long as moneys	818
in the bond service fund are insufficient to pay debt service when	819
due on those obligations payable from that fund, except the	820
principal amounts of bond anticipation notes payable from the	821
proceeds of renewal notes or bonds anticipated, and due in the	822
particular fiscal year, a sufficient amount of revenues of the	823
state is committed and, without necessity for further act of	824
appropriation, shall be paid to the bond service fund for the	825
purpose of paying that debt service when due.	826

Sec. 151.40. (A) As used in this section:

827

(1) "Bond proceedings" includes any trust agreements, and any	828
amendments or supplements to them, as authorized by this section.	829

(2) "Costs of revitalization projects" includes related	830
direct administrative expenses and allocable portions of the	831
direct costs of those projects of the department of development or	832
the environmental protection agency.	833

(3) "Issuing authority" means the treasurer of state.

834

(4) "Obligations" means obligations as defined in section	835
151.01 of the Revised Code issued to pay the costs of projects for	836
revitalization purposes as referred to in division (A)(2) of	837
Section 2o of Article VIII, Ohio Constitution and division (A)(2)	838
of Section 2q of Article VIII, Ohio Constitution.	839

(5) "Pledged liquor profits" means all receipts of the state	840
representing the gross profit on the sale of spirituous liquor, as	841
referred to in division (B)(4) of section 4301.10 of the Revised	842
Code, after paying all costs and expenses of the division of	843
liquor control and providing an adequate working capital reserve	844
for the division of liquor control as provided in that division,	845
but excluding the sum required by the second paragraph of section	846
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	847
to be paid into the state treasury.	848

(6) "Pledged receipts" means, as and to the extent provided	849
in bond proceedings:	850

(a) Pledged liquor profits. The pledge of pledged liquor	851
profits to obligations is subject to the priority of the pledge of	852
those profits to obligations issued and to be issued pursuant to	853
Chapter 166. of the Revised Code.	854

(b) Moneys accruing to the state from the lease, sale, or	855
other disposition or use of revitalization projects or from the	856
repayment, including any interest, of loans or advances made from	857
net proceeds;	858

859

(d) Income from the investment of the special funds;

860

(e) Any gifts, grants, donations, or pledges, and receipts	861
therefrom, available for the payment of debt service;	862

(f) Additional or any other specific revenues or receipts	863
lawfully available to be pledged, and pledged, pursuant to further	864
authorization by the general assembly, to the payment of debt	865
service.	866

(B)(1) The issuing authority shall issue obligations of the	867
state to pay costs of revitalization projects pursuant to division	868
(B)(2) of Section 2o of Article VIII, Ohio Constitution, division	869
(B)(2) of Section 2q of Article VIII, Ohio Constitution, section	870
151.01 of the Revised Code as applicable to this section, and this	871
section. The issuing authority, upon the certification to it by	872
the clean Ohio council of the amount of moneys needed in and for	873
the purposes of the clean Ohio revitalization fund created by	874
section 122.658 of the Revised Code, shall issue obligations in	875
the amount determined by the issuing authority to be required for	876
those purposes. Not more than ~~two~~four hundred million dollars	877
principal amount of obligations issued under this section for	878
revitalization purposes may be outstanding at any one time. Not	879
more than fifty million dollars principal amount of obligations,	880
plus the principal amount of obligations that in any prior fiscal	881
year could have been, but were not issued within the	882
fifty-million-dollar fiscal year limit, may be issued in any	883
fiscal year.	884

(2) The provisions and authorizations in section 151.01 of	885
the Revised Code apply to the obligations and the bond proceedings	886
except as otherwise provided or provided for in those obligations	887
and bond proceedings.	888

(C) Net proceeds of obligations shall be deposited in the	889
clean Ohio revitalization fund created in section 122.658 of the	890
Revised Code.	891

(D) There is hereby created the revitalization projects bond	892
service fund, which shall be in the custody of the treasurer of	893
state, but shall be separate and apart from and not a part of the	894
state treasury. All money received by the state and required by	895
the bond proceedings, consistent with section 151.01 of the	896
Revised Code and this section, to be deposited, transferred, or	897
credited to the bond service fund, and all other money transferred	898
or allocated to or received for the purposes of that fund, shall	899
be deposited and credited to the bond service fund, subject to any	900
applicable provisions of the bond proceedings, but without	901
necessity for any act of appropriation. During the period	902
beginning with the date of the first issuance of obligations and	903
continuing during the time that any obligations are outstanding in	904
accordance with their terms, so long as moneys in the bond service	905
fund are insufficient to pay debt service when due on those	906
obligations payable from that fund, except the principal amounts	907
of bond anticipation notes payable from the proceeds of renewal	908
notes or bonds anticipated, and due in the particular fiscal year,	909
a sufficient amount of pledged receipts is committed and, without	910
necessity for further act of appropriation, shall be paid to the	911
bond service fund for the purpose of paying that debt service when	912
due.	913

(E) The issuing authority may pledge all, or such portion as	914
the issuing authority determines, of the pledged receipts to the	915
payment of the debt service charges on obligations issued under	916
this section, and for the establishment and maintenance of any	917
reserves, as provided in the bond proceedings, and make other	918
provisions in the bond proceedings with respect to pledged	919
receipts as authorized by this section, which provisions are	920
controlling notwithstanding any other provisions of law pertaining	921
to them.	922

(F) The issuing authority may covenant in the bond	923
proceedings, and such covenants shall be controlling	924
notwithstanding any other provision of law, that the state and	925
applicable officers and state agencies, including the general	926
assembly, so long as any obligations issued under this section are	927
outstanding, shall maintain statutory authority for and cause to	928
be charged and collected wholesale or retail prices for spirituous	929
liquor sold by the state or its agents so that the available	930
pledged receipts are sufficient in time and amount to meet debt	931
service payable from pledged liquor profits and for the	932
establishment and maintenance of any reserves and other	933
requirements provided for in the bond proceedings.	934

(G) Obligations may be further secured, as determined by the	935
issuing authority, by a trust agreement between the state and a	936
corporate trustee, which may be any trust company or bank having a	937
place of business within the state. Any trust agreement may	938
contain the resolution or order authorizing the issuance of the	939
obligations, any provisions that may be contained in any bond	940
proceedings, and other provisions that are customary or	941
appropriate in an agreement of that type, including, but not	942
limited to:	943

(1) Maintenance of each pledge, trust agreement, or other	944
instrument comprising part of the bond proceedings until the state	945
has fully paid or provided for the payment of debt service on the	946
obligations secured by it;	947

(2) In the event of default in any payments required to be	948
made by the bond proceedings, enforcement of those payments or	949
agreements by mandamus, the appointment of a receiver, suit in	950
equity, action at law, or any combination of them;	951

(3) The rights and remedies of the holders or owners of	952
obligations and of the trustee and provisions for protecting and	953
enforcing them, including limitations on rights of individual	954
holders and owners.	955

(H) The obligations shall not be general obligations of the	956
state and the full faith and credit, revenue, and taxing power of	957
the state shall not be pledged to the payment of debt service on	958
them. The holders or owners of the obligations shall have no right	959
to have any moneys obligated or pledged for the payment of debt	960
service except as provided in this section and in the applicable	961
bond proceedings. The rights of the holders and owners to payment	962
of debt service are limited to all or that portion of the pledged	963
receipts, and those special funds, pledged to the payment of debt	964
service pursuant to the bond proceedings in accordance with this	965
section, and each obligation shall bear on its face a statement to	966
that effect.	967

Sec. 955.201. (A) As used in this section and in section	968
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	969
corporation organized by that name under Chapter 1702. of the	970
Revised Code that consists of humane societies, veterinarians,	971
animal shelters, companion animal breeders, dog wardens, and	972
similar individuals and entities.	973

(B) The Ohio pet fund shall do all of the following:

974

(1) Establish eligibility criteria for organizations that may	975
receive financial assistance from the ~~pets program funding board~~	976
~~created in section 955.202 of the Revised Code~~Ohio pet fund.	977
Those organizations may include any of the following:	978

(a) An animal shelter as defined in section 4729.01 of the	979
Revised Code;	980

(b) A local nonprofit veterinary association that operates a	981
program for the sterilization of dogs and cats;	982

(c) A charitable organization that is exempt from federal	983
income taxation under subsection 501(c)(3) of the Internal Revenue	984
Code and the primary purpose of which is to support programs for	985
the sterilization of dogs and cats and educational programs	986
concerning the proper veterinary care of those animals.	987

(2) Establish procedures for applying for financial	988
assistance from the ~~pets program funding board~~Ohio pet fund.	989
Application procedures shall require eligible organizations to	990
submit detailed proposals that outline the intended uses of the	991
moneys sought.	992

(3) Establish eligibility criteria for sterilization and	993
educational programs for which moneys from the ~~pets program~~	994
~~funding board~~Ohio pet fund may be used and, consistent with	995
division (C) of this section, establish eligibility criteria for	996
individuals who seek sterilization for their dogs and cats from	997
eligible organizations;	998

(4) Establish procedures for the disbursement of moneys the	999
~~pets program funding board~~Ohio pet fund receives from license	1000
plate contributions pursuant to division (C) of section 4503.551	1001
of the Revised Code;	1002

(5) Advertise or otherwise provide notification of the	1003
availability of financial assistance from the ~~pets program funding~~	1004
~~board~~Ohio pet fund for eligible organizations;	1005

(6) Design markings to be inscribed on "pets" license plates	1006
under section 4503.551 of the Revised Code.	1007

(C)(1) The owner of a dog or cat is eligible for dog or cat	1008
sterilization services from an eligible organization when those	1009
services are subsidized in whole or in part by money from the ~~pets~~	1010
~~program funding board~~Ohio pet fund if any of the following	1011
applies:	1012

(a) The income of the owner's family does not exceed one	1013
hundred fifty per cent of the federal poverty guideline.	1014

(b) The owner, or any member of the owner's family who	1015
resides with the owner, is a recipient or beneficiary of one of	1016
the following government assistance programs:	1017

(i) Low-income housing assistance under the "United States	1018
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	1019
federal section 8 housing program;	1020

(ii) The Ohio works first program established by Chapter	1021
5107. of the Revised Code;	1022

(iii) Title XIX of the "Social Security Act," 49 Stat. 620	1023
(1935), 42 U.S.C.A. 301, as amended, known as the medical	1024
assistance program or medicaid, provided by the department of job	1025
and family services under Chapter 5111. of the Revised Code;	1026

(iv) A program or law administered by the United States	1027
department of veterans' affairs or veterans' administration for	1028
any service-connected disability;	1029

(v) The food stamp program established under the "Food Stamp	1030
Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended,	1031
administered by the department of job and family services under	1032
section 5101.54 of the Revised Code;	1033

(vi) The "special supplemental nutrition program for women,	1034
infants, and children" established under the "Child Nutrition Act	1035
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	1036
by the department of health under section 3701.132 of the Revised	1037
Code;	1038

(vii) Supplemental security income under Title XVI of the	1039
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	1040
amended;	1041

(viii) Social security disability insurance benefits provided	1042
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	1043
42 U.S.C.A. 401, as amended.	1044

(c) The owner of the dog or cat submits to the eligible	1045
organization operating the sterilization program either of the	1046
following:	1047

(i) A certificate of adoption showing that the dog or cat was	1048
adopted from a licensed animal shelter, a municipal, county, or	1049
regional pound, or a holding and impoundment facility that	1050
contracts with a municipal corporation;	1051

(ii) A certificate of adoption showing that the dog or cat	1052
was adopted through a nonprofit corporation operating an animal	1053
adoption referral service whose holding facility, if any, is	1054
licensed in accordance with state law or a municipal ordinance.	1055

(2) The Ohio pet fund shall determine the type of documentary	1056
evidence that must be presented by the owner of a dog or cat to	1057
show that the income of the owner's family does not exceed one	1058
hundred fifty per cent of the federal poverty guideline or that	1059
the owner is eligible under division (C)(1)(b) of this section.	1060

(D) As used in division (C) of this section, "federal poverty	1061
guideline" means the official poverty guideline as revised	1062
annually by the United States department of health and human	1063
services in accordance with section 673(2) of the "Omnibus Budget	1064
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	1065
amended, for a family size equal to the size of the family of the	1066
person whose income is being determined.	1067

Sec. 1548.10. (A) The clerk of the court of common pleas	1069
shall charge ~~a fee of five~~and retain fees as follows:	1070

(1) Fifteen dollars for ~~each memorandum certificate of title,~~	1071
~~each non-negotiable evidence of ownership, and~~ each duplicate copy	1072
of a certificate of title. The ~~fees shall be retained by the~~ clerk	1073
shall retain that entire fee.	1074

~~In addition to those fees, the clerk shall charge a fee of~~	1075
~~five~~	1076

(2) Fifteen dollars for each certificate of title ~~and for~~	1077
~~each~~, which shall include any notation or indication of any lien	1078
or security interest on a certificate of title and any memorandum	1079
certificate of title or non-negotiable evidence of ownership	1080
requested at the time the certificate of title is issued. The	1081
clerk shall retain ~~two~~ten dollars and fifty cents of ~~the~~that fee	1082
~~charged for each certificate of title, and three dollars and fifty~~	1083
~~cents of the fee charged for each notation or indication of any~~	1084
~~lien or security interest~~.	1085

(3) Five dollars for each certificate of title with no	1086
security interest noted that is issued to a licensed watercraft	1087
dealer for resale purposes. The clerk shall retain two dollars of	1088
that fee.	1089

(4) Five dollars for each memorandum certificate of title or	1090
non-negotiable evidence of ownership that is applied for	1091
separately. The clerk shall retain that entire fee.	1092

(B) The ~~remaining~~ fees charged for a certificate of title and	1093
the notation or indication of any lien or security interest on a	1094
certificate of title that are not retained by the clerk shall be	1095
paid to the chief of the division of watercraft by monthly	1096
returns, which shall be forwarded to the chief not later than the	1097
fifth day of the month next succeeding that in which the	1098
certificate is forwarded, or that in which the chief is notified	1099
of a lien or security interest or cancellation of a lien or	1100
security interest.	1101

The chief shall deposit one dollar of the amount the chief	1102
receives for each certificate of title in the automated title	1103
processing fund created in section 4505.09 of the Revised Code.	1104
Moneys deposited in that fund under this section shall be used for	1105
the purpose specified in division (B)(3)(b) of that section.	1106

Sec. 1751.53. (A) As used in this section:

1107

(1) "Group contract" means a group health insuring	1108
corporation contract covering employees that meets either of the	1109
following conditions:	1110

(a) The contract was issued by an entity that, on June 4,	1111
1997, holds a certificate of authority or license to operate	1112
under Chapter 1738. or 1742. of the Revised Code, and covers an	1113
employee at the time the employee's employment is terminated.	1114

(b) The contract is delivered, issued for delivery, or	1115
renewed in this state after June 4, 1997, and covers an employee	1116
at the time the employee's employment is terminated.	1117

(2) "Eligible employee" means an employee to whom all of the	1118
following apply:	1119

(a) The employee has been continuously covered under a group	1120
contract or under the contract and any prior similar group	1121
coverage replaced by the contract, during the entire three-month	1122
period preceding the termination of the employee's employment.	1123

(b) ~~The employee is entitled, at the time of the termination~~	1124
~~of this employment, to unemployment compensation benefits under~~	1125
~~Chapter 4141. of the Revised Code~~The employee did not voluntarily	1126
terminate the employee's employment and the termination of	1127
employment is not a result of any gross misconduct on the part of	1128
the employee.	1129

(c) The employee is not, and does not become, covered by or	1130
eligible for coverage by medicare.	1131

(d) The employee is not, and does not become, covered by or	1132
eligible for coverage by any other insured or uninsured	1133
arrangement that provides hospital, surgical, or medical coverage	1134
for individuals in a group and under which the employee was not	1135
covered immediately prior to the termination of employment. A	1136
person eligible for continuation of coverage under this section,	1137
who is also eligible for coverage under section 3923.123 of the	1138
Revised Code, may elect either coverage, but not both. A person	1139
who elects continuation of coverage may elect any coverage	1140
available under section 3923.123 of the Revised Code upon the	1141
termination of the continuation of coverage.	1142

(B) A group contract shall provide that any eligible employee	1143
may continue the coverage under the contract, for the employee and	1144
the employee's eligible dependents, for a period of ~~six~~twelve	1145
months after the date that the group coverage would otherwise	1146
terminate by reason of the termination of the employee's	1147
employment. Each certificate of coverage issued to employees	1148
under the contract shall include a notice of the employee's	1149
privilege of continuation.	1150

(C) All of the following apply to the continuation of group	1151
coverage required under division (B) of this section:	1152

(1) Continuation need not include any supplemental health	1153
care services benefits or specialty health care services benefits	1154
provided by the group contract.	1155

(2) The employer shall notify the employee of the right of	1156
continuation at the time the employer notifies the employee of the	1157
termination of employment. The notice shall inform the employee of	1158
the amount of contribution required by the employer under division	1159
(C)(4) of this section.	1160

(3) The employee shall file a written election of	1161
continuation with the employer and pay the employer the first	1162
contribution required under division (C)(4) of this section. The	1163
request and payment must be received by the employer no later than	1164
the earlier of any of the following dates:	1165

(a) Thirty-one days after the date on which the employee's	1166
coverage would otherwise terminate;	1167

(b) Ten days after the date on which the employee's coverage	1168
would otherwise terminate, if the employer has notified the	1169
employee of the right of continuation prior to this date;	1170

(c) Ten days after the employer notifies the employee of the	1171
right of continuation, if the notice is given after the date on	1172
which the employee's coverage would otherwise terminate.	1173

(4) The employee must pay to the employer, on a monthly	1174
basis, in advance, the amount of contribution required by the	1175
employer. The amount required shall not exceed the group rate for	1176
the insurance being continued under the policy on the due date of	1177
each payment.	1178

(5) The employee's privilege to continue coverage and the	1179
coverage under any continuation ceases if any of the following	1180
occurs:	1181

(a) The employee ceases to be an eligible employee under	1182
division (A)(2)(c) or (d) of this section;	1183

(b) A period of ~~six~~twelve months expires after the date that	1184
the employee's coverage under the group contract would otherwise	1185
have terminated because of the termination of employment;	1186

(c) The employee fails to make a timely payment of a required	1187
contribution, in which event the coverage shall cease at the end	1188
of the coverage for which contributions were made;	1189

(d) The group contract is terminated, or the employer	1190
terminates participation under the contract, unless the employer	1191
replaces the coverage by similar coverage under another contract	1192
or other group health arrangement. If the employer replaces the	1193
contract with similar group health coverage, all of the following	1194
apply:	1195

(i) The member shall be covered under the replacement	1196
coverage, for the balance of the period that the member would have	1197
remained covered under the terminated coverage if it had not been	1198
terminated.	1199

(ii) The minimum level of benefits under the replacement	1200
coverage shall be the applicable level of benefits of the contract	1201
replaced reduced by any benefits payable under the contract	1202
replaced.	1203

(iii) The contract replaced shall continue to provide	1204
benefits to the extent of its accrued liabilities and extensions	1205
of benefits as if the replacement had not occurred.	1206

(D) This section does not apply to any group contract	1207
offering only supplemental health care services or specialty	1208
health care services.	1209

(E) An employer shall notify the health insuring corporation	1210
if the employee elects continuation of coverage under this	1211
section. The health insuring corporation may require the employer	1212
to provide documentation if the employee elects continuation of	1213
coverage and is seeking premium assistance for the continuation of	1214
coverage under the "American Recovery and Investment Act of 2009,"	1215
Pub. L. No. 111-5, 123 Stat. 115. The director of insurance shall	1216
publish guidance for employers and health insuring corporations	1217
regarding the contents of such documentation.	1218

Sec. 2911.21. (A) No person, without privilege to do so,	1219
shall do any of the following:	1220

(1) Knowingly enter or remain on the land or premises of	1221
another;	1222

(2) Knowingly enter or remain on the land or premises of	1223
another, the use of which is lawfully restricted to certain	1224
persons, purposes, modes, or hours, when the offender knows the	1225
offender is in violation of any such restriction or is reckless in	1226
that regard;	1227

(3) Recklessly enter or remain on the land or premises of	1228
another, as to which notice against unauthorized access or	1229
presence is given by actual communication to the offender, or in a	1230
manner prescribed by law, or by posting in a manner reasonably	1231
calculated to come to the attention of potential intruders, or by	1232
fencing or other enclosure manifestly designed to restrict access;	1233

(4) Being on the land or premises of another, negligently	1234
fail or refuse to leave upon being notified by signage posted in a	1235
conspicuous place or otherwise being notified to do so by the	1236
owner or occupant, or the agent or servant of either.	1237

(B) It is no defense to a charge under this section that the	1238
land or premises involved was owned, controlled, or in custody of	1239
a public agency.	1240

(C) It is no defense to a charge under this section that the	1241
offender was authorized to enter or remain on the land or premises	1242
involved, when such authorization was secured by deception.	1243

(D)(1) Whoever violates this section is guilty of criminal	1244
trespass, a misdemeanor of the fourth degree.	1245

~~(E)~~(2) Notwithstanding section 2929.28 of the Revised Code,	1246
if the person, in committing the violation of this section, used	1247
an all-purpose vehicle, the court shall impose a fine of two times	1248
the usual amount imposed for the violation.	1249

(3) If an offender previously has been convicted of or	1250
pleaded guilty to two or more violations of this section or a	1251
substantially equivalent municipal ordinance, and the offender, in	1252
committing each violation, used an all-purpose vehicle, the court,	1253
in addition to or independent of all other penalties imposed for	1254
the violation, may impound the certificate of registration and	1255
license plate of that all-purpose vehicle for not less than sixty	1256
days. In such a case, section 4519.47 of the Revised Code applies.	1257

(E) Notwithstanding any provision of the Revised Code, if the	1258
offender, in committing the violation of this section, used an	1259
all-purpose vehicle, the clerk of the court shall pay the fine	1260
imposed pursuant to this section to the state recreational vehicle	1261
fund created by section 4519.11 of the Revised Code.	1262

(F) As used in this section~~, "land~~:

1263

(1) "All-purpose vehicle" has the same meaning as in section	1264
4519.01 of the Revised Code.	1265

(2) "Land or premises" includes any land, building,	1266
structure, or place belonging to, controlled by, or in custody of	1267
another, and any separate enclosure or room, or portion thereof.	1268

Sec. 2949.094. (A) The court in which any person is	1269
convicted of or pleads guilty to any moving violation shall	1270
impose an additional court cost of ten dollars upon the offender.	1271
The court shall not waive the payment of the ten dollars unless	1272
the court determines that the offender is indigent and waives the	1273
payment of all court costs imposed upon the indigent offender.	1274

The clerk of the court shall transmit thirty-five per cent of	1275
all additional court costs collected pursuant to this division	1276
during a month on or before the twenty-third day of the	1277
following month to the ~~division of criminal justice services,~~	1278
~~and the division of criminal justice services shall deposit the~~	1279
~~money so transmitted into~~state treasury of which ninety-seven	1280
per cent shall be credited to the drug law enforcement fund	1281
created under section 5502.68 of the Revised Code and the	1282
remaining three per cent shall be credited to the justice program	1283
services fund created under section 5502.67 of the Revised Code.	1284
The clerk shall transmit fifteen per cent of all additional	1285
court costs so collected during a month on or before the	1286
twenty-third day of the following month to the county or	1287
municipal indigent drivers alcohol treatment fund under the	1288
control of that court, as created by the county or municipal	1289
corporation under division (H) of section 4511.191 of the	1290
Revised Code. The clerk shall transmit fifty per cent of all	1291
additional court costs so collected during a month on or	1292
before the twenty-third day of the following month to the	1293
state treasury to be credited to the indigent defense support	1294
fund created pursuant to section 120.08 of the Revised Code.	1295

(B) The juvenile court in which a child is found to be a	1296
juvenile traffic offender for an act that is a moving violation	1297
shall impose an additional court cost of ten dollars upon the	1298
juvenile traffic offender. The juvenile court shall not waive the	1299
payment of the ten dollars unless the court determines that the	1300
juvenile is indigent and waives the payment of all court costs	1301
imposed upon the indigent offender.	1302

The clerk of the court shall transmit thirty-five per cent of	1303
all additional court costs collected pursuant to this division	1304
during a month on or before the twenty-third day of the	1305
following month to the ~~division of criminal justice services,~~	1306
~~and the division of criminal justice services shall deposit the~~	1307
~~money so transmitted into~~state treasury of which ninety-seven	1308
per cent shall be credited to the drug law enforcement fund	1309
created under section 5502.68 of the Revised Code and the	1310
remaining three per cent shall be credited to the justice program	1311
services fund created under section 5502.67 of the Revised Code.	1312
The clerk shall transmit fifteen per cent of all additional	1313
court costs so collected during a month on or before the	1314
twenty-third day of the following month to the county juvenile	1315
indigent drivers alcohol treatment fund under the control of	1316
that court, as created by the county under division (H) of	1317
section 4511.191 of the Revised Code. The clerk shall transmit	1318
fifty per cent of all additional court costs so collected	1319
during a month on or before the twenty-third day of the	1320
following month to the state treasury to be credited to the	1321
indigent defense support fund created pursuant to section	1322
120.08 of the Revised Code.	1323

(C) Whenever a person is charged with any offense that is a	1324
moving violation and posts bail, the court shall add to the amount	1325
of the bail the ten dollars required to be paid by division (A)	1326
of this section. The clerk of the court shall retain the ten	1327
dollars until the person is convicted, pleads guilty, forfeits	1328
bail, is found not guilty, or has the charges dismissed. If the	1329
person is convicted, pleads guilty, or forfeits bail, the clerk	1330
shall transmit three dollars and fifty cents out of the ten	1331
dollars to the ~~division of criminal justice services, and the~~	1332
~~division of criminal justice services shall deposit the money so~~	1333
~~transmitted into~~state treasury of which ninety-seven per cent	1334
shall be credited to the drug law enforcement fund created under	1335
section 5502.68 of the Revised Code and the remaining three per	1336
cent shall be credited to the justice program services fund	1337
created under section 5502.67 of the Revised Code, the clerk shall	1338
transmit one dollar and fifty cents out of the ten dollars to	1339
the county, municipal, or county juvenile indigent drivers	1340
alcohol treatment fund under the control of that court, as	1341
created by the county or municipal corporation under division	1342
(H) of section 4511.191 of the Revised Code, and the clerk	1343
shall transmit five dollars out of the ten dollars to the	1344
state treasury to be credited to the indigent defense support	1345
fund created under section 120.08 of the Revised Code. If the	1346
person is found not guilty or the charges are dismissed, the	1347
clerk shall return the ten dollars to the person.	1348

(D) No person shall be placed or held in a detention facility	1349
for failing to pay the court cost or bail that is required to be	1350
paid by this section.	1351

(E) As used in this section:

1352

(1) "Bail" and "moving violation" have the same meanings as	1353
in section 2949.093 of the Revised Code.	1354

(2) "Detention facility" has the same meaning as in section	1355
2921.01 of the Revised Code.	1356

(3) "Division of criminal justice services" means the	1357
division of criminal justice services of the department of public	1358
safety, created by section 5502.62 of the Revised Code.	1359

Sec. 3304.14. The ~~rehabilitation services commission~~	1360
governor shall appoint an administrator of the rehabilitation	1361
services commission to serve at the pleasure of the ~~commission~~	1362
governor and shall fix ~~his~~the administrator's compensation. The	1363
administrator shall devote ~~his~~the administrator's entire time to	1364
the duties of ~~his~~the administrator's office, shall hold no other	1365
office or position of trust and profit, and shall engage in no	1366
other business during ~~his~~the administrator's term of office. The	1367
~~commission~~governor may ~~delegate to~~grant the administrator the	1368
authority to appoint, remove, and discipline without regard to	1369
sex, race, creed, color, age, or national origin, such other	1370
professional, administrative, and clerical staff members as are	1371
necessary to carry out the functions and duties of the	1372
commission.	1373

Sec. 3719.21. Except as provided in division (C) of section	1374
2923.42, division (B) of section 2923.44, divisions (D)(1), (F),	1375
and (H) of section 2925.03, division (D)(1) of section 2925.02,	1376
2925.04, or 2925.05, division (E)(1) of section 2925.11, division	1377
(F) of section 2925.13, division (F) of section 2925.36, division	1378
(D) of section 2925.22, division (H) of section 2925.23, division	1379
(M) of section 2925.37, division (B) of section 2925.42, division	1380
(B) of section 2929.18, division (D) of section 3719.99, division	1381
(B)(1) of section 4729.65, division (E)(3) of section 4729.99,	1382
and division (I)~~(3)~~(4) of section 4729.99 of the Revised Code,	1383
the clerk of the court shall pay all fines or forfeited bail	1384
assessed and collected under prosecutions or prosecutions	1385
commenced for violations of this chapter, section 2923.42 of the	1386
Revised Code, or Chapter 2925. of the Revised Code, within	1387
thirty days, to the executive director of the state board of	1388
pharmacy, and the executive director shall deposit the fines	1389
into the state treasury to the credit of the occupational	1390
licensing and regulatory fund.	1391

Sec. 3905.423. (A) As used in this section:

1392

(1) "Consumer" has the same meaning as in section 1345.01 of	1393
the Revised Code.	1394

(2) "Consumer goods" means goods sold, leased, assigned,	1395
awarded by chance, or transferred to a consumer in a consumer	1396
transaction.	1397

(3) "Consumer goods service contract" means a contract or	1398
agreement to perform or pay for repairs, replacement, or	1399
maintenance of consumer goods due to a defect in materials or	1400
workmanship, normal wear and tear, power surges, or accidental	1401
damage from handling, that is effective for a specified duration	1402
and paid for by means other than the purchase of the consumer	1403
goods. "Consumer goods service contract" does not include any of	1404
the following:	1405

(a) A contract or agreement to perform or pay for the repair,	1406
replacement, or maintenance of a motor vehicle or utility vehicle,	1407
as defined in section 4501.01 of the Revised Code, due to a defect	1408
in materials or workmanship, normal wear and tear, mechanical or	1409
electrical breakdown, or failure of parts or equipment of a motor	1410
vehicle that is effective for a specified duration and paid for by	1411
means other than the purchase of a motor vehicle or utility	1412
vehicle;	1413

(b) A vehicle protection product as defined in section	1414
3905.421 of the Revised Code;	1415

(c) A home service contract as defined in section 3905.422 of	1416
the Revised Code;	1417

(d) A motor vehicle tire or wheel road hazard contract as	1418
defined in section 3905.425 of the Revised Code;	1419

(e) A motor vehicle ancillary product protection contract as	1420
defined in section 3905.426 of the Revised Code.	1421

(4) "Consumer transaction" has the same meaning as in section	1422
1345.01 of the Revised Code.	1423

(5) "Contract holder" means the consumer who purchased goods	1424
covered by a consumer goods service contract, any authorized	1425
transferee or assignee of the consumer, or any other person	1426
assuming the consumer's rights under the consumer goods service	1427
contract.	1428

(6) "Provider" means a person who is contractually obligated	1429
to a contract holder under the terms of a consumer goods service	1430
contract.	1431

(7) "Reimbursement insurance policy" means a policy of	1432
insurance issued by an insurer authorized or eligible to do	1433
business in this state to a provider to pay, on behalf of the	1434
provider in the event of the provider's nonperformance, all	1435
covered contractual obligations incurred by the provider under	1436
the terms and conditions of the consumer goods service contract.	1437

(8) "Supplier" has the same meaning as in section 1345.01 of	1438
the Revised Code.	1439

(B) All consumer goods service contracts issued in this state	1440
that provide for the performance of or payment for repairs,	1441
replacement, or maintenance of consumer goods due to power surges	1442
or accidental damage from handling shall be covered by a	1443
reimbursement insurance policy.	1444

(C) A consumer goods service contract issued by a provider	1445
that is required to be covered by a reimbursement insurance policy	1446
under division (B) of this section shall ~~comply with~~conspicuously	1447
state all of the following ~~requirements~~:	1448

(1) ~~Conspicuously state that~~That the obligations of the	1449
provider are guaranteed under a reimbursement insurance policy;	1450

(2) ~~Conspicuously state that~~That if a provider fails to	1451
perform or make payment due under the terms of the contract	1452
within sixty days after the contract holder requests performance	1453
or payment pursuant to the terms of the contract, the contract	1454
holder may request performance or payment directly from the	1455
provider's reimbursement insurance policy insurer, including,	1456
but not limited to, any obligation in the contract by which the	1457
provider must refund the contract holder upon cancellation of a	1458
contract;	1459

(3) ~~Conspicuously state the~~The name, address, and telephone	1460
number of the provider's reimbursement insurance policy insurer.	1461

(D) A reimbursement insurance policy that is required to be	1462
issued under this section shall contain a:	1463

(1) A statement that if a provider fails to perform or make	1464
payment due under the terms of the consumer goods service contract	1465
within sixty days after the contract holder requests performance	1466
or payment pursuant to the terms of the contract, the contract	1467
holder may request performance or payment directly from the	1468
provider's reimbursement insurance policy insurer, including, but	1469
not limited to, any obligation in the contract by which the	1470
provider must refund the contract holder upon cancellation of a	1471
contract;	1472

(2) A statement that in the event of cancellation of the	1473
provider's reimbursement insurance policy, insurance coverage will	1474
continue for all contract holders whose consumer goods service	1475
contracts were issued by the provider and reported to the insurer	1476
for coverage during the term of the reimbursement insurance	1477
policy.	1478

(E) The sale or issuance of a consumer goods service contract	1479
is a consumer transaction for purposes of sections 1345.01 to	1480
1345.13 of the Revised Code. The provider is the supplier and the	1481
contract holder is the consumer for purposes of those sections.	1482

(F) Unless issued by an insurer authorized or eligible to do	1483
business in this state, a consumer goods service contract does not	1484
constitute a contract substantially amounting to insurance, or the	1485
contract's issuance the business of insurance, under section	1486
3905.42 of the Revised Code.	1487

(G) The rights of a contract holder against a provider's	1488
reimbursement insurance policy insurer as provided in this section	1489
apply only in regard to a reimbursement insurance policy issued	1490
under this section. This section does not create any contractual	1491
rights in favor of a person that does not qualify as an insured	1492
under any other type of insurance policy described in Title	1493
XXXIX of the Revised Code.	1494

Sec. 3905.425. (A) As used in this section:

1495

(1) "Contract holder" means the person who purchased a motor	1496
vehicle tire or wheel road hazard contract, any authorized	1497
transferee or assignee of the purchaser, or any other person	1498
assuming the purchaser's rights under the motor vehicle tire or	1499
wheel road hazard contract.	1500

(2) "Motor vehicle" has the same meaning as in section	1501
4501.01 of the Revised Code and also includes utility vehicles as	1502
defined in that section.	1503

(3) "Motor vehicle tire or wheel road hazard contract" means	1504
a contract or agreement to perform or pay for repairs or	1505
replacement of tires or wheels damaged because of a road hazard	1506
with or without additional provisions for incidental payment of	1507
indemnity under limited circumstances, including, without	1508
limitation, towing, rental, and emergency road services, that is	1509
effective for a specified duration and paid for by means other	1510
than the purchase of the motor vehicle tire or wheel. "Motor	1511
vehicle tire or wheel road hazard contract" does not include any	1512
of the following:	1513

(a) A contract or agreement to perform or pay for the repair,	1514
replacement, or maintenance of a motor vehicle due to a defect in	1515
materials or workmanship, normal wear and tear, mechanical or	1516
electrical breakdown, or failure of parts or equipment of a motor	1517
vehicle that is effective for a specified duration and paid for by	1518
means other than the purchase of a motor vehicle;	1519

(b) A vehicle protection product warranty as defined in	1520
section 3905.421 of the Revised Code;	1521

(c) A home service contract as defined in section 3905.422 of	1522
the Revised Code;	1523

(d) A consumer goods service contract as defined in section	1524
3905.423 of the Revised Code;	1525

(e) A motor vehicle ancillary product protection contract as	1526
defined in section 3905.426 of the Revised Code.	1527

(4) "Provider" means a person who is contractually obligated	1528
to a contract holder under the terms of a motor vehicle tire or	1529
wheel road hazard contract.	1530

(5) "Reimbursement insurance policy" means a policy of	1531
insurance issued by an insurer authorized or eligible to do	1532
business in this state to a provider to pay, on behalf of the	1533
provider in the event of the provider's nonperformance, all	1534
covered contractual obligations incurred by the provider under	1535
the terms and conditions of the motor vehicle tire or wheel road	1536
hazard contract.	1537

(6) "Road hazard" means a condition that may cause damage or	1538
wear and tear to a tire or wheel on a public or private roadway,	1539
roadside, driveway, or parking lot or garage, including potholes,	1540
nails, glass, road debris, and curbs. "Road hazard" does not	1541
include fire, theft, vandalism or malicious mischief, or other	1542
perils normally covered by automobile physical damage insurance.	1543

(7) "Supplier" has the same meaning as in section 1345.01 of	1544
the Revised Code.	1545

(B)(1) All motor vehicle tire or wheel road hazard contracts	1546
issued in this state shall be covered by a reimbursement	1547
insurance policy.	1548

(2) A motor vehicle tire or wheel road hazard contract in	1549
which the provider is a tire manufacturer is exempt from the	1550
requirement of division (B)(1) of this section.	1551

(C) A motor vehicle tire or wheel road hazard contract issued	1552
by a provider that is required to be covered by a reimbursement	1553
insurance policy under division (B) of this section shall	1554
conspicuously state all of the following:	1555

(1) "This contract is not insurance and is not subject to the	1556
insurance laws of this state."	1557

(2) That the obligations of the provider are guaranteed under	1558
a reimbursement insurance policy;	1559

(3) That if a provider fails to perform or make payment due	1560
under the terms of the contract within sixty days after the	1561
contract holder requests performance or payment pursuant to the	1562
terms of the contract, the contract holder may request performance	1563
or payment directly from the provider's reimbursement insurance	1564
policy insurer, including any obligation in the contract by which	1565
the provider must refund the contract holder upon cancellation of	1566
a contract;	1567

(4) The name, address, and telephone number of the	1568
provider's reimbursement insurance policy insurer.	1569

(D) A motor vehicle tire or wheel road hazard contract in	1570
which the provider is a tire manufacturer shall conspicuously	1571
state all of the following:	1572

(1) That this agreement is not an insurance contract;

1573

(2) That any covered obligations or claims under this	1574
contract are the responsibility of the provider;	1575

(3) The names, addresses, and telephone numbers of any	1576
administrator responsible for the administration of the contract,	1577
the provider obligated to perform under the contract, and the	1578
contract seller;	1579

(4) The procedure for making a claim under the contract,	1580
including a toll-free telephone number for claims service and a	1581
procedure for obtaining emergency repairs or replacement performed	1582
outside normal business hours.	1583

(E) A reimbursement insurance policy that is required to be	1584
issued under this section shall contain:	1585

(1) A statement that if a provider fails to perform or make	1586
payment due under the terms of the motor vehicle tire or wheel	1587
road hazard contract within sixty days after the contract holder	1588
requests performance or payment pursuant to the terms of the	1589
contract, the contract holder may request performance or payment	1590
directly from the provider's reimbursement insurance policy	1591
insurer, including any obligation in the contract by which the	1592
provider must refund the contract holder upon cancellation of a	1593
contract;	1594

(2) A statement that in the event of cancellation of the	1595
provider's reimbursement insurance policy, insurance coverage will	1596
continue for all contract holders whose motor vehicle tire or	1597
wheel road hazard contracts were issued by the provider and	1598
reported to the insurer for coverage during the term of the	1599
reimbursement insurance policy.	1600

(F) The sale or issuance of a motor vehicle tire or wheel	1601
road hazard contract is a consumer transaction for purposes of	1602
sections 1345.01 to 1345.13 of the Revised Code. The provider is	1603
the supplier and the contract holder is the consumer for purposes	1604
of those sections.	1605

(G) Unless issued by an insurer authorized or eligible to do	1606
business in this state, a motor vehicle tire or wheel road hazard	1607
contract does not constitute a contract substantially amounting to	1608
insurance, or the contract's issuance the business of insurance,	1609
under section 3905.42 of the Revised Code.	1610

(H) The rights of a contract holder against a provider's	1611
reimbursement insurance policy insurer as provided in this section	1612
apply only in regard to a reimbursement insurance policy issued	1613
under this section. This section does not create any contractual	1614
rights in favor of a person that does not qualify as an insured	1615
under any other type of insurance policy described in Title XXXIX	1616
of the Revised Code. This section does not prohibit the insurer of	1617
a provider's reimbursement insurance policy from assuming	1618
liability for contracts issued prior to the effective date of the	1619
policy or this statute.	1620

Sec. 3905.426. (A) As used in this section:

1621

(1) "Contract holder" means the person who purchased a motor	1622
vehicle ancillary product protection contract, any authorized	1623
transferee or assignee of the purchaser, or any other person	1624
assuming the purchaser's rights under the motor vehicle ancillary	1625
product protection contract.	1626

(2) "Motor vehicle" has the same meaning as in section	1627
4501.01 of the Revised Code and also includes utility vehicles as	1628
defined in that section.	1629

(3)(a) "Motor vehicle ancillary product protection contract"	1630
means a contract or agreement that is effective for a specified	1631
duration and paid for by means other than the purchase of a motor	1632
vehicle, or its parts or equipment, to perform any one or more of	1633
the following services:	1634

(i) Repair or replacement of glass on a motor vehicle	1635
necessitated by wear and tear or damage caused by a road hazard;	1636

(ii) Removal of a dent, ding, or crease without affecting the	1637
existing paint finish using paintless dent removal techniques but	1638
which expressly excludes replacement of vehicle body panels,	1639
sanding, bonding, or painting;	1640

(iii) Repair to the interior components of a motor vehicle	1641
necessitated by wear and tear but which expressly excludes	1642
replacement of any part or component of a motor vehicle's	1643
interior.	1644

(b) "Motor vehicle ancillary product protection contract"	1645
does not include any of the following:	1646

(i) A contract or agreement to perform or pay for the repair,	1647
replacement, or maintenance of a motor vehicle due to defect in	1648
materials or workmanship, normal wear and tear, mechanical or	1649
electrical breakdown, or failure of parts or equipment of a motor	1650
vehicle that is effective for a specified duration and paid for by	1651
means other than the purchase of a motor vehicle;	1652

(ii) A vehicle protection product warranty as defined in	1653
section 3905.421 of the Revised Code;	1654

(iii) A home service contract as defined in section 3905.422	1655
of the Revised Code;	1656

(iv) A consumer goods service contract as defined in section	1657
3905.423 of the Revised Code;	1658

(v) A motor vehicle tire or wheel road hazard contract as	1659
defined in section 3905.425 of the Revised Code.	1660

(4) "Provider" means a person who is contractually obligated	1661
to a contract holder under the terms of a motor vehicle ancillary	1662
product protection contract.	1663

(5) "Reimbursement insurance policy" means a policy of	1664
insurance issued by an insurer authorized or eligible to do	1665
business in this state to a provider to pay, on behalf of the	1666
provider in the event of the provider's nonperformance, all	1667
covered contractual obligations incurred by the provider under the	1668
terms and conditions of the motor vehicle ancillary product	1669
protection contract.	1670

(6) "Supplier" has the same meaning as in section 1345.01 of	1671
the Revised Code.	1672

(B) All motor vehicle ancillary product protection contracts	1673
issued in this state shall be covered by a reimbursement insurance	1674
policy.	1675

(C) A motor vehicle ancillary product protection contract	1676
issued by a provider that is required to be covered by a	1677
reimbursement insurance policy under division (B) of this section	1678
shall conspicuously state all of the following:	1679

(1) "This contract is not insurance and is not subject to the	1680
insurance laws of this state."	1681

(2) That the obligations of the provider are guaranteed under	1682
a reimbursement insurance policy;	1683

(3) That if a provider fails to perform or make payment due	1684
under the terms of the contract within sixty days after the	1685
contract holder requests performance or payment pursuant to the	1686
terms of the contract, the contract holder may request performance	1687
or payment directly from the provider's reimbursement insurance	1688
policy insurer, including any obligation in the contract by which	1689
the provider must refund the contract holder upon cancellation of	1690
a contract;	1691

(4) The name, address, and telephone number of the provider's	1692
reimbursement insurance policy insurer.	1693

(D) A motor vehicle ancillary product protection contract	1694
that includes repair or replacement of glass on a motor vehicle as	1695
provided in division (A)(3)(a)(i) of this section, shall	1696
conspicuously state: "This contract may provide a duplication of	1697
coverage already provided by your automobile physical damage	1698
insurance policy.	1699

(E) A reimbursement insurance policy that is required to be	1700
issued under this section shall contain:	1701

(1) A statement that if a provider fails to perform or make	1702
payment due under the terms of the motor vehicle ancillary product	1703
protection contract within sixty days after the contract holder	1704
requests performance or payment pursuant to the terms of the	1705
contract, the contract holder may request performance or payment	1706
directly from the provider's reimbursement insurance policy	1707
insurer, including any obligation in the contract by which the	1708
provider must refund the contract holder upon cancellation of a	1709
contract.	1710

(2) A statement that in the event of cancellation of the	1711
provider's reimbursement insurance policy, insurance coverage will	1712
continue for all contract holders whose motor vehicle ancillary	1713
product protection contracts were issued by the provider and	1714
reported to the insurer for coverage during the term of the	1715
reimbursement insurance policy.	1716

(F) The sale or issuance of a motor vehicle ancillary product	1717
protection contract is a consumer transaction for purposes of	1718
sections 1345.01 to 1345.13 of the Revised Code. The provider is	1719
the supplier and the contract holder is the consumer for purposes	1720
of those sections.	1721

(G) Unless issued by an insurer authorized or eligible to do	1722
business in this state, a motor vehicle ancillary product	1723
protection contract does not constitute a contract substantially	1724
amounting to insurance, or the contract's issuance the business of	1725
insurance, under section 3905.42 of the Revised Code.	1726

(H) The rights of a contract holder against a provider's	1727
reimbursement insurance policy insurer as provided in this section	1728
apply only in regard to a reimbursement insurance policy issued	1729
under this section. This section does not create any contractual	1730
rights in favor of a person that does not qualify as an insured	1731
under any other type of insurance policy described in Title XXXIX	1732
of the Revised Code. This section does not prohibit the insurer of	1733
a provider's reimbursement insurance policy from assuming	1734
liability for contracts issued prior to the effective date of the	1735
policy or this statute.	1736

Sec. 3923.38. (A) As used in this section:

1737

(1) "Group policy" includes any group sickness and accident	1738
policy or contract delivered, issued for delivery, or renewed in	1739
this state on or after June 28, 1984, and any private or public	1740
employer self-insurance plan or other plan that provides, or	1741
provides payment for, health care benefits for employees resident	1742
in this state other than through an insurer or health insuring	1743
corporation, to which both of the following apply:	1744

(a) The policy insures employees for hospital, surgical, or	1745
major medical insurance on an expense incurred or service basis,	1746
other than for specified diseases or for accidental injuries only.	1747

(b) The policy is in effect and covers an eligible employee	1748
at the time the employee's employment is terminated.	1749

(2) "Eligible employee" includes only an employee to whom all	1750
of the following apply:	1751

(a) The employee has been continuously insured under a group	1752
policy or under the policy and any prior similar group coverage	1753
replaced by the policy, during the entire three-month period	1754
preceding the termination of the employee's employment.	1755

(b) ~~The employee is entitled, at the time of the termination~~	1756
~~of the employee's employment, to unemployment compensation~~	1757
~~benefits under Chapter 4141. of the Revised Code~~The employee did	1758
not voluntarily terminate the employee's employment and the	1759
termination of employment is not a result of any gross misconduct	1760
on the part of the employee.	1761

(c) The employee is not, and does not become, covered by or	1762
eligible for coverage by medicare under Title XVIII of the Social	1763
Security Act, as amended.	1764

(d) The employee is not, and does not become, covered by or	1765
eligible for coverage by any other insured or uninsured	1766
arrangement that provides hospital, surgical, or medical coverage	1767
for individuals in a group and under which the person was not	1768
covered immediately prior to such termination. A person eligible	1769
for continuation of coverage under this section, who is also	1770
eligible for coverage under section 3923.123 of the Revised Code,	1771
may elect either coverage, but not both. A person who elects	1772
continuation of coverage may elect any coverage available under	1773
section 3923.123 of the Revised Code upon the termination of the	1774
continuation of coverage.	1775

(3) "Group rate" means, in the case of an employer	1776
self-insurance or other health benefits plan, the average monthly	1777
cost per employee, over a period of at least twelve months, of the	1778
operation of the plan that would represent a group insurance rate	1779
if the same coverage had been provided under a group sickness and	1780
accident insurance policy.	1781

(B) A group policy shall provide that any eligible employee	1782
may continue the employee's hospital, surgical, and medical	1783
insurance under the policy, for the employee and the employee's	1784
eligible dependents, for a period of ~~six~~twelve months after the	1785
date that the insurance coverage would otherwise terminate by	1786
reason of the termination of the employee's employment. Each	1787
certificate of coverage, or other notice of coverage, issued to	1788
employees under the policy shall include a notice of the	1789
employee's privilege of continuation.	1790

(C) All of the following apply to the continuation of	1791
coverage required under division (B) of this section:	1792

(1) Continuation need not include dental, vision care,	1793
~~prescription drug benefits,~~ or any other benefits provided under	1794
the policy in addition to its hospital, surgical, or major medical	1795
benefits.	1796

(2) The employer shall notify the employee of the right of	1797
continuation at the time the employer notifies the employee of the	1798
termination of employment. The notice shall inform the employee of	1799
the amount of contribution required by the employer under division	1800
(C)(4) of this section.	1801

(3) The employee shall file a written election of	1802
continuation with the employer and pay the employer the first	1803
contribution required under division (C)(4) of this section. The	1804
request and payment must be received by the employer no later than	1805
the earlier of any of the following dates:	1806

(a) Thirty-one days after the date on which the employee's	1807
coverage would otherwise terminate;	1808

(b) Ten days after the date on which the employee's coverage	1809
would otherwise terminate, if the employer has notified the	1810
employee of the right of continuation prior to such date;	1811

(c) Ten days after the employer notifies the employee of the	1812
right of continuation, if the notice is given after the date on	1813
which the employee's coverage would otherwise terminate.	1814

(4) The employee must pay to the employer, on a monthly	1815
basis, in advance, the amount of contribution required by the	1816
employer. The amount required shall not exceed the group rate for	1817
the insurance being continued under the policy on the due date of	1818
each payment.	1819

(5) The employee's privilege to continue coverage and the	1820
coverage under any continuation ceases if any of the following	1821
occurs:	1822

(a) The employee ceases to be an eligible employee under	1823
division (A)(2)(c) or (d) of this section;	1824

(b) A period of ~~six~~twelve months expires after the date that	1825
the employee's insurance under the policy would otherwise have	1826
terminated because of the termination of employment;	1827

(c) The employee fails to make a timely payment of a required	1828
contribution, in which event the coverage shall cease at the end	1829
of the coverage for which contributions were made;	1830

(d) The policy is terminated, or the employer terminates	1831
participation under the policy, unless the employer replaces the	1832
coverage by similar coverage under another group policy or other	1833
group health arrangement.	1834

If the employer replaces the policy with similar group health	1835
coverage, all of the following apply:	1836

(i) The member shall be covered under the replacement	1837
coverage, for the balance of the period that the member would have	1838
remained covered under the terminated coverage if it had not been	1839
terminated.	1840

(ii) The minimum level of benefits under the replacement	1841
coverage shall be the applicable level of benefits of the policy	1842
replaced reduced by any benefits payable under the policy	1843
replaced.	1844

(iii) The policy replaced shall continue to provide benefits	1845
to the extent of its accrued liabilities and extensions of	1846
benefits as if the replacement had not occurred.	1847

(D) This section does not apply to an employer's	1848
self-insurance plan if federal law supersedes, preempts,	1849
prohibits, or otherwise precludes its application to such plans.	1850

(E) An employer shall notify the insurer if the employee	1851
elects continuation of coverage under this section. The insurer	1852
may require the employer to provide documentation if the employee	1853
elects continuation of coverage and is seeking premium assistance	1854
for the continuation of coverage under the "American Recovery and	1855
Investment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115. The	1856
director of insurance shall publish guidance for employers and	1857
insurers regarding the contents of such documentation.	1858

Sec. 4141.242. (A) On or after January 1, 1978, the state,	1859
its instrumentalities, its political subdivisions and their	1860
instrumentalities, and any subdivision thereof as defined in	1861
division (H) of this section and described in this section as	1862
public entities, and Indian tribes as defined by section 4(e) of	1863
the "Indian Self-Determination and Education Assistance Act," 88	1864
Stat. 2204 (1975), 25 U.S.C.A. 450b(e), shall pay to the director	1865
of job and family services for deposit in the unemployment	1866
compensation fund an amount in lieu of contributions equal to the	1867
full amount of regular benefits, and the amount of extended	1868
benefits chargeable under the terms of section 4141.301 of the	1869
Revised Code, from that fund that is attributable to service in	1870
the employ of the public entity or Indian tribe, under the same	1871
terms and conditions as required of nonprofit organizations	1872
electing reimbursing status under section 4141.241 of the Revised	1873
Code; unless the public entity or Indian tribe elects to pay	1874
contributions under section 4141.25 of the Revised Code, under the	1875
following conditions:	1876

(1) Any public entity or Indian tribe may elect, after	1877
December 31, 1977, to become liable for contribution payments, as	1878
set forth in section 4141.25 of the Revised Code, for a period of	1879
not less than two calendar years by filing with the director a	1880
written notice of its election.	1881

(2) The effective date of the election to pay contributions	1882
shall be the first day of the first calendar quarter after the	1883
election is approved by the director and which is at least thirty	1884
days after the election notice was received.	1885

(B) No surety bond shall be required of any reimbursing	1886
public entity or Indian tribe, as is required of nonprofit	1887
organizations under division (C) of section 4141.241 of the	1888
Revised Code. Any public entity or Indian tribe, either	1889
reimbursing or contributory, shall, if it becomes delinquent in	1890
the payment of reimbursements, contributions, forfeiture, or	1891
interest, be subject to the same terms and the same collection	1892
procedures as are set forth for reimbursing employers under	1893
division (B) of section 4141.241 of the Revised Code; and as set	1894
forth for contributory employers under this chapter except as	1895
provided under division (D) of this section.	1896

(C) The state of Ohio account and the accounts and	1897
subaccounts of its instrumentalities, as defined in divisions	1898
(H)(1)(a) and (b) of this section, shall be administered by the	1899
director of administrative services, in coordination with the	1900
director of job and family services in accordance with the terms	1901
and conditions of this chapter, regarding the determination and	1902
payment of benefits attributable to service with the state or its	1903
instrumentalities. In this capacity, the director of	1904
administrative services shall maintain any necessary accounts and	1905
subaccounts for the various agencies and departments of the state	1906
and, through the director of budget and management, apportion	1907
among the various state entities, and collect, the costs of	1908
unemployment benefits, as billed by the director of job and family	1909
services, except that any of the individual agencies and	1910
departments for which such accounts and subaccounts are maintained	1911
may, with the concurrence of the director of administrative	1912
services and the director of job and family services, be	1913
designated to receive billings directly from the director of job	1914
and family services and make payment in response to such billings	1915
directly to the director of job and family services. Any moneys	1916
paid directly under this division and collected by the director of	1917
administrative services shall be forwarded to the director of job	1918
and family services for deposit in the fund established by	1919
division (A) of section 4141.09 of the Revised Code, and shall be	1920
credited to the accounts of the state and its instrumentalities.	1921

(D) The accounts of the various local subdivisions, their	1922
instrumentalities, and Indian tribes shall be administered by	1923
appropriate officials, as designated to the director of job and	1924
family services when the accounts are established.	1925

(E) Two or more reimbursing public entities or Indian tribes	1926
may file a joint application to the director of job and family	1927
services for the establishment of a group account, for the purpose	1928
of sharing the cost of benefits attributable to service with the	1929
public entities or Indian tribes, under the conditions provided	1930
for nonprofit organizations under division (D) of section 4141.241	1931
of the Revised Code.	1932

(F) Two or more public entities or Indian tribes that have	1933
elected to pay contributions may apply for a common rate under	1934
division (J) of section 4141.24 of the Revised Code. Clear	1935
authority, resolution, or ordinance for combining must be	1936
presented with the application requesting the common rate status.	1937
Applications must be filed by the first day of October of any	1938
year, to be effective for the following calendar year.	1939

(G) A public entity or Indian tribe, either reimbursing or	1940
one electing to pay contributions, shall be liable for the full	1941
amount of any regular benefits paid that are attributable to	1942
service in the employ of the public entity or Indian tribe during	1943
the base period of a benefit claim, and any extended benefits paid	1944
based on service as provided in divisions ~~(G)~~(I)(1)(b) and (1)(c)	1945
of section 4141.301 of the Revised Code. Where a public entity or	1946
Indian tribe has changed from a reimbursing status to a	1947
contributory status, during the base period of the benefit claim,	1948
then the benefit charges attributable to service with the	1949
reimbursement account shall be charged to the reimbursement	1950
account; and, the charges attributable to the contributory account	1951
shall be charged to that account. The same rule shall be	1952
applicable to situations where a contributory public entity or	1953
Indian tribe has changed to a reimbursing status during the base	1954
period of a benefit claim.	1955

(H)(1) For the purposes of establishing employer status and	1956
accounts for the state and its instrumentalities, its political	1957
subdivisions and their instrumentalities, a separate account shall	1958
be established and maintained for:	1959

(a) The state, including therein the legislative and	1960
executive branches, as defined in Articles II and III of the Ohio	1961
Constitution, and the Ohio supreme court;	1962

(b) Each separate instrumentality of the state;

1963

(c) Each political subdivision of the state, including	1964
therein the legislative, executive, and judicial functions	1965
performed for the subdivision;	1966

(d) Each separate instrumentality of the political	1967
subdivision;	1968

(e) Any jointly owned instrumentality of more than one of the	1969
public entities described in this division, or any jointly owned	1970
instrumentality of any such public entities and one or more other	1971
states or political subdivisions thereof.	1972

(2) For the purposes of this chapter, the separate accounts,	1973
established by this division, shall be described as "public entity	1974
accounts."	1975

(I) An Indian tribe may elect to make payments in lieu of	1976
contributions as allowed with respect to governmental entities	1977
under this section. An Indian tribe may make a separate election	1978
for itself and each subdivision, subsidiary, or business	1979
enterprise wholly owned by the Indian tribe. The director shall	1980
immediately notify the United States internal revenue service and	1981
the United States department of labor if an Indian tribe fails to	1982
make payments required under this section and fails to pay any	1983
forfeitures, interest, or penalties due within ninety days of	1984
receiving a delinquency notice in accordance with rules prescribed	1985
by the director.	1986

(J) The director of job and family services, in accordance	1987
with any rules that the director may prescribe, shall notify each	1988
public entity and Indian tribe of any determination which the	1989
director may make of its status as an employer and of the	1990
effective date of any election which it makes and of any	1991
termination of the election. Any determinations are subject to	1992
reconsideration, appeal, and review in accordance with sections	1993
4141.26 and 4141.28 of the Revised Code.	1994

Sec. 4141.301. (A) As used in this section, unless the	1995
context clearly requires otherwise:	1996

(1) "Extended benefit period" means a period which:

1997

(a) Begins with the third week after a week for which there	1998
is a state "on" indicator; and	1999

(b) Ends with either of the following weeks, whichever occurs	2000
later:	2001

(i) The third week after the first week for which there is a	2002
state "off" indicator; or	2003

(ii) The thirteenth consecutive week of such period.

2004

Except, that no extended benefit period may begin by reason	2005
of a state "on" indicator before the fourteenth week following the	2006
end of a prior extended benefit period which was in effect with	2007
respect to this state.	2008

(2) There is a "state 'on' indicator" for this state for a	2009
week if the director of job and family services determines, in	2010
accordance with the regulations of the United States secretary of	2011
labor, that for the period consisting of such week and the	2012
immediately preceding twelve weeks, the rate of insured	2013
unemployment, not seasonally adjusted, under Chapter 4141. of the	2014
Revised Code:	2015

(a) Equaled or exceeded one hundred twenty per cent of the	2016
average of such rates for the corresponding thirteen-week period	2017
ending in each of the preceding two calendar years~~, and for weeks~~	2018
~~beginning before September 25, 1982, equaled or exceeded four per~~	2019
~~cent~~ and ~~for weeks beginning after September 25, 1982,~~ equaled or	2020
exceeded five per cent;	2021

(b) ~~For weeks of unemployment beginning after December 31,~~	2022
~~1977, and before September 25, 1982, such rate of insured~~	2023
~~unemployment:~~	2024

~~(i) Met the criteria set forth in division (A)(2)(a) of this~~	2025
~~section; or~~	2026

~~(ii) Equaled or exceeded five per cent.~~

2027

~~(c)~~ For weeks of unemployment ~~beginning after September 25,~~	2028
~~1982,~~ such rate of insured unemployment:	2029

(i) Met the criteria set forth in division (A)(2)(a) of this	2030
section; or	2031

(ii) Equaled or exceeded six per cent.

2032

(3)(a) For weeks of unemployment beginning on or after	2033
February 22, 2009, there is a "state 'on' indicator" for this	2034
state for a week if the director determines both of the following	2035
are satisfied:	2036

(i) That the average rate of total unemployment, seasonally	2037
adjusted, as determined by the United States secretary of labor,	2038
for the period consisting of the most recent three months for	2039
which data for all states are published before the close of that	2040
week equals or exceeds six and one-half per cent;	2041

(ii) That the average rate of total unemployment, seasonally	2042
adjusted, as determined by the United States secretary of labor,	2043
for the three-month period described in division (A)(3)(a)(i) of	2044
this section, equals or exceeds one hundred ten per cent of the	2045
average for either or both of the corresponding three-month	2046
periods ending in the two preceding calendar years.	2047

(b) Division (A)(3) of this section is effective on and after	2048
February 22, 2009, and shall cease to be effective either on	2049
December 6, 2009, or until the close of the last day of the week	2050
ending three weeks prior to the last week for which federal	2051
sharing is authorized under Section 2005(a) of the "American	2052
Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123	2053
Stat. 115, whichever is later.	2054

(4) A "state 'off' indicator" exists for the state for a week	2055
if the director determines, in accordance with the regulations of	2056
the United States secretary of labor, that for the period	2057
consisting of such week and the immediately preceding twelve	2058
weeks, the rate of insured unemployment, not seasonally adjusted,	2059
under Chapter 4141. of the Revised Code:	2060

(a) Was less than one hundred twenty per cent of the average	2061
of such rates for the corresponding thirteen-week period ending in	2062
each of the preceding two calendar years~~, or for weeks beginning~~	2063
~~before September 25, 1982, was less than four per cent~~ and ~~for~~	2064
~~weeks beginning after September 25, 1982,~~ was less than five per	2065
cent;	2066

(b) ~~For weeks of unemployment beginning after December 31,~~	2067
~~1977 and before September 25, 1982, such rate of insured~~	2068
~~unemployment:~~	2069

~~(i) Was less than five per cent; and~~

2070

~~(ii) Met the criteria set forth in division (A)(3)(a) of this~~	2071
~~section.~~	2072

~~(c)~~ For weeks of unemployment ~~beginning after September 25,~~	2073
~~1982,~~ such rate of insured unemployment:	2074

(i) Was less than six per cent; and

2075

(ii) Met the criteria set forth in division (A)~~(3)~~(4)(a) of	2076
this section.	2077

~~(4)~~(5) For weeks of unemployment beginning on or after	2078
February 22, 2009, there is a "state 'off' indicator" for this	2079
state for a week if the director determines, in accordance with	2080
the regulations adopted by the United States secretary of labor,	2081
that for the period consisting of that week and the immediately	2082
preceding twelve weeks, the total rate of unemployment, seasonally	2083
adjusted, under this chapter, was less than one hundred ten per	2084
cent of such average for either or both of the corresponding	2085
three-month periods ending in the two preceding calendar years,	2086
and was less than six and one-half per cent.	2087

(6) "Rate of insured unemployment," for purposes of divisions	2088
(A)(2) and ~~(3)~~(4) of this section, means the percentage derived by	2089
dividing:	2090

(a) The average weekly number of individuals filing claims	2091
for regular compensation in this state for weeks of unemployment	2092
with respect to the most recent thirteen-consecutive-week period,	2093
as determined by the director on the basis of the director's	2094
reports to the United States secretary of labor, by	2095

(b) The average monthly employment covered under Chapter	2096
4141. of the Revised Code, for the first four of the most recent	2097
six completed calendar quarters ending before the end of such	2098
thirteen-week period.	2099

~~(5)~~(7) "Regular benefits" means benefits payable to an	2100
individual, as defined in division (C) of section 4141.01 of the	2101
Revised Code, or under any other state law, including dependents'	2102
allowance and benefits payable to federal civilian employees and	2103
to ex-servicepersons pursuant to the "Act of September 6, 1966,"	2104
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and	2105
additional benefits as defined in division (A)~~(10)~~(12) of this	2106
section.	2107

~~(6)~~(8) "Extended benefits" means benefits, including benefits	2108
payable to federal civilian employees and to ex-servicepersons	2109
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5	2110
U.S.C.A. 8501, and additional benefits, payable to an individual	2111
under the provisions of this section for weeks of unemployment in	2112
the individual's eligibility period.	2113

~~(7)~~(9) "Eligibility period" of an individual means the period	2114
consisting of the weeks in the individual's benefit year which	2115
begin in an extended benefit period and, if the individual's	2116
benefit year ends within the extended benefit period, any weeks	2117
thereafter which begin in the period.	2118

~~(8)~~(10) "Exhaustee" means an individual who, with respect to	2119
any week of unemployment in the individual's eligibility period:	2120

(a) Has received prior to the week, all of the regular	2121
benefits that were available to the individual under Chapter 4141.	2122
of the Revised Code, or any other state law, including dependents'	2123
allowance and benefits payable to federal civilian employees and	2124
ex-servicepersons under the "Act of September 6, 1966," 80 Stat.	2125
585, 5 U.S.C.A. 8501, in the individual's current benefit year	2126
that includes the week;	2127

(b) Has received, prior to the week, all of the regular	2128
benefits that were available to the individual under this chapter	2129
or any other state law, including dependents' allowances and	2130
regular benefits available to federal civilian employees and	2131
ex-servicepersons under the "Act of September 6, 1966," 80 Stat.	2132
585, 5 U.S.C.A. 8501, in the individual's current benefit year	2133
that includes the week, after the cancellation of some or all of	2134
the individual's wage credits or the total or partial reduction of	2135
the individual's right to regular benefits, provided that, for the	2136
purposes of divisions (A)~~(8)~~(10)(a) and ~~(8)~~(10)(b) of this	2137
section, an individual shall be deemed to have received in the	2138
individual's current benefit year all of the regular benefits that	2139
were either payable or available to the individual even though:	2140

(i) As a result of a pending appeal with respect to wages or	2141
employment, or both, that were not included in the original	2142
monetary determination with respect to the individual's current	2143
benefit year, the individual may subsequently be determined to be	2144
entitled to more regular benefits, or	2145

(ii) By reason of section 4141.33 of the Revised Code, or the	2146
seasonal employment provisions of another state law, the	2147
individual is not entitled to regular benefits with respect to the	2148
week of unemployment, although the individual may be entitled to	2149
regular benefits with respect to future weeks of unemployment in	2150
either the next season or off season in the individual's current	2151
benefit year, and the individual is otherwise an "exhaustee"	2152
within the meaning of this section with respect to the right to	2153
regular benefits under state law seasonal employment provisions	2154
during either the season or off season in which that week of	2155
unemployment occurs, or	2156

(iii) Having established a benefit year, no regular benefits	2157
are payable to the individual during the year because the	2158
individual's wage credits were cancelled or the individual's right	2159
to regular benefits was totally reduced as the result of the	2160
application of a disqualification; or	2161

(c) The individual's benefit year having expired prior to the	2162
week, has no, or insufficient, wages or weeks of employment on the	2163
basis of which the individual could establish in any state a new	2164
benefit year that would include the week, or having established a	2165
new benefit year that includes the week, the individual is	2166
precluded from receiving regular benefits by reason of a state law	2167
which meets the requirements of section 3304 (a)(7) of the	2168
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301 to	2169
3311; and	2170

(i) Has no right for the week to unemployment benefits or	2171
allowances, as the case may be, under the Railroad Unemployment	2172
Insurance Act, the Trade Act of 1974, and other federal laws as	2173
are specified in regulations issued by the United States secretary	2174
of labor; and	2175

(ii) Has not received and is not seeking for the week	2176
unemployment benefits under the unemployment compensation law of	2177
the Virgin Islands, prior to the day after that on which the	2178
secretary of labor approves the unemployment compensation law of	2179
the Virgin Islands, or of Canada; or if the individual is seeking	2180
benefits and the appropriate agency finally determines that the	2181
individual is not entitled to benefits under the law for the week.	2182

~~(9)~~(11) "State law" means the unemployment insurance law of	2183
any state, approved by the United States secretary of labor under	2184
section 3304 of the Internal Revenue Code of 1954.	2185

~~(10)~~(12) "Additional benefits" means benefits totally	2186
financed by a state and payable to exhaustees by reason of high	2187
unemployment or by reason of other special factors under the	2188
provisions of any state law.	2189

(B) Except when the result would be inconsistent with the	2190
other provisions of this section, as provided in the regulations	2191
of the director, the provisions of Chapter 4141. of the Revised	2192
Code, which apply to claims for, or the payment of, regular	2193
benefits, shall apply to claims for, and the payment of, extended	2194
benefits.	2195

(C) Any individual shall be eligible to receive extended	2196
benefits with respect to any week of unemployment in the	2197
individual's eligibility period only if the director finds that,	2198
with respect to such week:	2199

(1) The individual is an "exhaustee" as defined in division	2200
(A)~~(8)~~(10) of this section; and	2201

(2) The individual has satisfied the requirements of Chapter	2202
4141. of the Revised Code, for the receipt of regular benefits	2203
that are applicable to individuals claiming extended benefits,	2204
including not being subject to a disqualification for the receipt	2205
of benefits.	2206

(D) The weekly extended benefit amount payable to an	2207
individual for a week of total unemployment in the individual's	2208
eligibility period shall be the same as the weekly benefit amount	2209
payable to the individual during the individual's applicable	2210
benefit year.	2211

(E) ~~The~~Except as provided in division (F) of this section,	2212
the total extended benefit amount payable to any eligible	2213
individual with respect to the individual's applicable benefit	2214
year shall be the lesser of the following amounts:	2215

(1) Fifty per cent of the total amount of regular benefits,	2216
including dependents' allowances which were payable to the	2217
individual under Chapter 4141. of the Revised Code, in the	2218
individual's applicable benefit year;	2219

(2) Thirteen times the individual's weekly benefit amount,	2220
including dependents' allowances, which was payable to the	2221
individual under Chapter 4141. of the Revised Code, for a week of	2222
total unemployment in the applicable benefit year; provided, that	2223
in making the computation under divisions (E)(1) and (2) of this	2224
section, any amount which is not a multiple of one dollar shall be	2225
rounded to the next lower multiple of one dollar.	2226

(F) For purposes of this division, "high-unemployment period"	2227
means a period during which an extended benefit period would be in	2228
effect if division (A)(3)(a)(i) of this section were applied by	2229
substituting "eight per cent" for "six and one-half per cent."	2230

Effective with respect to weeks beginning in a	2231
high-unemployment period, the total extended benefit amount	2232
payable to an eligible individual with respect to the applicable	2233
benefit year shall be the lesser of the following amounts:	2234

(1) Eighty per cent of the total amount of regular benefits	2235
that were payable to the individual pursuant to this section in	2236
the individual's applicable benefit year;	2237

(2) Twenty times the individual's average weekly benefit	2238
amount that was payable to the individual pursuant to this section	2239
for a week of total unemployment in the applicable benefit year.	2240

(G) Division (F) of this section is effective on and after	2241
February 22, 2009, and shall cease to be effective either on	2242
December 6, 2009, or until the close of the last day of the week	2243
ending three weeks prior to the last week for which federal	2244
sharing is authorized under Section 2005(a) of the "American	2245
Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123	2246
Stat. 115, whichever is later. Notwithstanding this division, the	2247
extended benefits authorized by division (A)(3) of this section	2248
shall continue to be paid to any individual who, as of December	2249
26, 2009, has a balance of weeks remaining to be paid in the claim	2250
until such weeks are exhausted or the individual is reemployed,	2251
whichever occurs first, but in no event beyond May 29, 2010.	2252

(H)(1) Except as provided in division ~~(F)~~(H)(2) of this	2253
section, an individual eligible for extended benefits pursuant to	2254
an interstate claim filed in any state under the interstate	2255
benefit payment plan shall not be paid extended benefits for any	2256
week in which an extended benefit period is not in effect in such	2257
state.	2258

(2) Division ~~(F)~~(H)(1) of this section does not apply with	2259
respect to the first two weeks for which extended compensation is	2260
payable to an individual, as determined without regard to this	2261
division, pursuant to an interstate claim filed under the	2262
interstate benefit payment plan from the total extended benefit	2263
amount payable to that individual in the individual's applicable	2264
benefit year.	2265

(3) Notwithstanding any other provisions of this section, if	2266
the benefit year of any individual ends within an extended benefit	2267
period, the remaining balance of extended benefits that the	2268
individual would, but for this section, be entitled to receive in	2269
that extended benefit period, with respect to weeks of	2270
unemployment beginning after the end of the benefit year, shall be	2271
reduced, but not below zero, by the product of the number of weeks	2272
for which the individual received any amounts as trade	2273
readjustment allowances within that benefit year, multiplied by	2274
the individual's weekly benefit amount for extended benefits.	2275

~~(G)~~(I)(1) Whenever an extended benefit period is to become	2276
effective in this state, as a result of a state "on" indicator, or	2277
an extended benefit period is to be terminated in this state as a	2278
result of a state "off" indicator, the director shall make an	2279
appropriate public announcement.	2280

(2) Computations required by division (A)~~(4)~~(6) of this	2281
section shall be made by the director, in accordance with the	2282
regulations prescribed by the United States secretary of labor.	2283

~~(H)~~(J)(1)(a) The director shall promptly examine any	2284
application for extended benefits filed and, under this section,	2285
determine whether the application is to be allowed or disallowed	2286
and, if allowed, the weekly and total extended benefits payable	2287
and the effective date of the application. The claimant, the	2288
claimant's most recent employer, and any other employer in the	2289
base period of the claim upon which the extended benefits are	2290
based, and who was chargeable for regular benefits based on such	2291
claim, shall be notified of such determination.	2292

(b) The determination issued to the most recent or other base	2293
period employer shall include the total amount of extended	2294
benefits that may be charged to the employer's account. Such	2295
potential charge amount shall be an amount equal to one-fourth of	2296
the regular benefits chargeable to the employer's account on the	2297
regular claim upon which extended benefits are based except that,	2298
effective January 1, 1979, the potential charge amount to the	2299
state and its instrumentalities, its political subdivisions and	2300
their instrumentalities, and Indian tribes shall be an amount	2301
equal to one-half of the regular benefits chargeable to their	2302
accounts on such claim. If regular benefits were chargeable to the	2303
mutualized account, in lieu of an employer's account, then the	2304
extended benefits which are based on such prior mutualized	2305
benefits shall also be charged to the mutualized account.	2306

2307

(i) One-half of such benefits ~~will~~shall be charged to an	2308
extended benefit account to which reimbursement payments of	2309
one-half of extended benefits, received from the federal	2310
government as described in division ~~(J)~~(L) of this section, ~~will~~	2311
shall be credited; and	2312

(ii) One-half of the extended benefits shall be charged to	2313
the accounts of base period employers and the mutualized account	2314
in the same proportion as was provided for on the regular claim;	2315
or	2316

(iii) The full amount of extended benefits shall be charged	2317
to the accounts of the state and its instrumentalities, its	2318
political subdivisions and their instrumentalities, and Indian	2319
tribes. Employers making payments in lieu of contributions shall	2320
be charged in accordance with division (B)(1) of section 4141.241	2321
of the Revised Code.; or	2322

(iv) In the case of payments under division (A)(3) of this	2323
section that are fully funded under Section 2005(a) of the	2324
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	2325
111-5, 123 Stat. 115, none of the extended benefits shall be	2326
charged to the accounts of base period employers or to the	2327
mutualized account.	2328

(d) If the application for extended benefits is disallowed, a	2329
determination shall be issued to the claimant, which determination	2330
shall set forth the reasons for the disallowance. Determinations	2331
issued under this division, whether allowed or disallowed, shall	2332
be subject to reconsideration and appeal in accordance with	2333
section 4141.281 of the Revised Code.	2334

(2) Any additional or continued claims, as described in	2335
division (F) of section 4141.01 of the Revised Code, filed by an	2336
individual at the beginning of, or during, the individual's	2337
extended benefit period shall be determined under division (E) of	2338
section 4141.28 of the Revised Code, and such determination shall	2339
be subject to reconsideration and appeal in accordance with	2340
section 4141.281 of the Revised Code.	2341

~~(I)~~(K) Notwithstanding division (B) of this section, payment	2342
of extended benefits under this section shall not be made to any	2343
individual for any week of unemployment in the individual's	2344
eligibility period during which the individual fails to accept any	2345
offer of suitable work, as defined in division ~~(I)~~(K)(2) of this	2346
section, or fails to apply for any suitable work to which the	2347
individual was referred by the director, or fails to actively	2348
engage in seeking work, as prescribed in division ~~(I)~~(K)(4) of	2349
this section.	2350

(1) If any individual is ineligible for extended benefits for	2351
any week by reason of a failure described in this division, the	2352
individual shall be ineligible to receive extended benefits	2353
beginning with the week in which the failure occurred and	2354
continuing until the individual has been employed during each of	2355
four subsequent weeks and the total remuneration earned by the	2356
individual for this employment is equal to or more than four times	2357
the individual's weekly extended benefit amount, and has met all	2358
other eligibility requirements of this section, in order to	2359
establish entitlement to extended benefits.	2360

(2) For purposes of this section, the term "suitable work"	2361
means, with respect to an individual, any work which is within the	2362
individual's capabilities, provided that with respect to the	2363
position all of the following requirements are met:	2364

(a) It offers the individual gross average weekly	2365
remuneration of more than the sum of:	2366

(i) The individual's extended weekly benefit amount; and

2367

(ii) The amount of supplemental unemployment compensation	2368
benefits, as defined in section 501(c)(17)(D) of the "Internal	2369
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to	2370
the individual for the week of unemployment.	2371

(b) It pays equal to or more than the higher of:

2372

(i) The minimum wage provided by section 6(a)(1) of the "Fair	2373
Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 206,	2374
without regard to any exemption; or	2375

(ii) Any applicable state or local minimum wage.

2376

(c) It is offered to the individual in writing or is listed	2377
with the employment office maintained or designated by the	2378
director.	2379

(3) Extended benefits shall not be denied under this division	2380
to any individual for any week by reason of a failure to accept an	2381
offer of, or apply for suitable work if either of the following	2382
conditions apply:	2383

(a) The failure would not result in a denial of benefits to a	2384
regular benefit claimant under section 4141.29 of the Revised Code	2385
to the extent that section 4141.29 of the Revised Code is not	2386
inconsistent with division ~~(I)~~(K)(2) of this section;	2387

(b) The individual furnishes evidence satisfactory to the	2388
director that the individual's prospects for obtaining work in the	2389
individual's customary occupation within a reasonably short period	2390
are good. If the evidence is deemed satisfactory, the	2391
determination as to whether any work is suitable work with respect	2392
to this individual and whether the individual is ineligible or	2393
disqualified shall be based upon the meaning of "suitable work"	2394
and other provisions in section 4141.29 of the Revised Code.	2395

(4) For purposes of this section, an individual shall be	2396
treated as actively engaged in seeking work during any week if:	2397

(a) The individual has engaged in a systematic and sustained	2398
effort to obtain work during that week; and	2399

(b) The individual provides tangible evidence to the director	2400
that the individual has engaged in the effort during that week.	2401

(5) The director shall refer applicants for extended benefits	2402
to job openings that meet the requirements of divisions (E) and	2403
(F) of section 4141.29 of the Revised Code, and in the case of	2404
applicants whose prospects are determined not to be good under	2405
division ~~(I)~~(K)(3)(b) of this section to any suitable work which	2406
meets the criteria in divisions ~~(I)~~(K)(2) and (3)(a) of this	2407
section.	2408

(6) Individuals denied extended or regular benefits under	2409
division (D)(1)(b) of section 4141.29 of the Revised Code because	2410
of being given a disciplinary layoff for misconduct must, after	2411
the date of disqualification, work the length of time and earn the	2412
amount of remuneration specified in division ~~(I)~~(K)(1) of this	2413
section, and meet all other eligibility requirements of this	2414
section, in order to establish entitlement to extended benefits.	2415

~~(J)~~(L) All payments of extended benefits made pursuant to	2416
this section shall be paid out of the unemployment compensation	2417
fund, provided by section 4141.09 of the Revised Code, and all	2418
payments of the federal share of extended benefits that are	2419
received as reimbursements under section 204 of the "Federal-State	2420
Extended Unemployment Compensation Act of 1970," 84 Stat. 696, 26	2421
U.S.C.A. 3306, shall be deposited in such unemployment	2422
compensation fund and shall be credited to the extended benefit	2423
account established by division ~~(G)~~(I) of this section. Any refund	2424
of extended benefits, because of prior overpayment of such	2425
benefits, may be made from the unemployment compensation fund.	2426

~~(K)~~(M) In the administration of the provisions of this	2427
section which are enacted to conform with the requirements of the	2428
"Federal-State Extended Unemployment Compensation Act of 1970," 84	2429
Stat. 696, 26 U.S.C.A. 3306, the director shall take such action	2430
consistent with state law, as may be necessary:	2431

(1) To ensure that the provisions are so interpreted and	2432
applied as to meet the requirements of the federal act as	2433
interpreted by the United States department of labor; and	2434

(2) To secure to this state the full reimbursement of the	2435
federal share of extended benefits paid under this section that	2436
are reimbursable under the federal act.	2437

Sec. 4163.01. As used in Chapter 4163. of the Revised Code:

2438

(A) "Atomic energy" means all forms of energy released in the	2439
course of nuclear fission or nuclear transformation.	2440

(B) "By-product material" ~~means any radioactive material~~	2441
~~(except special nuclear material) yielded in, or made radioactive~~	2442
~~by exposure to the radiation incident to, the process of producing~~	2443
~~or utilizing special nuclear materials~~has the same meaning as in	2444
section 3748.01 of the Revised Code.	2445

(C) "Production facility" means any equipment or device	2446
capable of the production of special nuclear material in such	2447
quantity as to be of significance to the common defense and	2448
security, or in such manner as to affect the health and safety of	2449
the public; or any important component part especially designed	2450
for such equipment or device.	2451

(D) "Special nuclear material" ~~means plutonium or uranium~~	2452
~~enriched in the isotope 233 or in the isotope 235, or any other~~	2453
~~material which the governor declares by order to be special~~	2454
~~nuclear material~~has the same meaning as in section 3748.01 of the	2455
Revised Code.	2456

(E) "Utilization facility" means any equipment or device,	2457
except an atomic weapon, capable of making use of special nuclear	2458
materials in such quantity as to be of significance to the common	2459
defense and security, or in such manner as to affect the health	2460
and safety of the public, or peculiarly adapted for making use of	2461
atomic energy in such quantity as to be of significance to the	2462
common defense and security, or in such manner as to affect the	2463
health and safety of the public; or any important component part	2464
especially designed for such equipment or device.	2465

(F) "Radiation" ~~means gamma rays and X-rays, alpha and beta~~	2466
~~particles, high-speed electrons, neutrons, protons, and other~~	2467
~~nuclear particles; but not sound or radio waves, or visible,~~	2468
~~infrared, or ultraviolet light~~has the same meaning as in section	2469
3748.01 of the Revised Code.	2470

(G) ~~"Large quantity" has the meaning set forth in Part 71 of~~	2471
~~Title 10, section 71.4(f), of the Code of Federal Regulations~~	2472
"Highway route controlled quantity" has the same meaning as in 49	2473
C.F.R. 173.403.	2474

(H) "High-level radioactive waste" means any of the	2475
following:	2476

(1) Irradiated reactor fuel;

2477

(2) Liquid wastes resulting from the operation of the first	2478
cycle solvent extraction system, or equivalent, and the	2479
concentrated wastes from subsequent extraction cycles, or	2480
equivalent, in a facility for reprocessing irradiated reactor	2481
fuel;	2482

(3) Solids into which such liquid wastes have been converted.

2483

(I) "Spent nuclear fuel" means fuel that has been withdrawn	2484
from a nuclear reactor following irradiation, the constituent	2485
elements of which have not been separated by reprocessing.	2486

(J) "Transuranic waste" means material contaminated with	2487
elements that have an atomic number greater than ninety-two,	2488
including neptunium, plutonium, americium, and curium, and that	2489
are in concentrations greater than ten nanocuries per gram or	2490
in other concentrations that the United States nuclear	2491
regulatory commission may prescribe.	2492

Sec. 4163.07. (A)(1) Prior to transporting any ~~large~~	2493
high-level radioactive waste, spent nuclear fuel, transuranic	2494
waste, or any quantity of special nuclear material or by-product	2495
material that meets or exceeds the highway route controlled	2496
quantity, within, into, or through the state, the carrier or	2497
shipper of the material shall notify the executive director of the	2498
emergency management agency established under section 5502.22 of	2499
the Revised Code of the shipment. The notice shall be in writing	2500
and be sent by certified mail and shall include the name of the	2501
shipper; the name of the carrier; the type and quantity of the	2502
~~special nuclear~~ material ~~or by-product material~~; the	2503
transportation mode of the shipment; the proposed date and time of	2504
shipment of the material within, into, or through the state; and	2505
the starting point, termination or exit point, scheduled route,	2506
and each alternate route, if any, of the shipment. In order to	2507
constitute effective notification under division (A)(1) of this	2508
section, notification shall be received by the executive director	2509
at least ~~forty-eight hours~~four days prior to ~~entry of the~~	2510
shipment within, into, or through the state.	2511

(2) The carrier or shipper of any shipment subject to	2512
division (A)(1) of this section shall immediately notify the	2513
executive director of any change in the date and time of the	2514
shipment or in the route of the shipment within, into, or through	2515
the state.	2516

(B) Upon receipt of a notice of any shipment of ~~a large~~	2517
~~quantity of special nuclear material or by-product~~ material that	2518
is subject to division (A)(1) of this section within, into, or	2519
through the state, the executive director of the emergency	2520
management agency shall immediately notify the director of public	2521
safety, the director of environmental protection, the director of	2522
health, the chairperson of the public utilities commission, and	2523
the county emergency management agency and sheriff of each county	2524
along the proposed route, or any alternate route, of the shipment.	2525

(C) The executive director of the emergency management agency	2526
shall not disclose to any person other than those persons	2527
enumerated in division (B) of this section any information	2528
pertaining to any shipment of special nuclear material or	2529
by-product material prior to the time that the shipment is	2530
completed.	2531

(D) This section does not apply to radioactive materials,	2532
other than by-products, shipped by or for the United States	2533
department of defense and United States department of energy for	2534
military or national defense purposes. Nothing in this section	2535
requires the disclosure of any defense information or restricted	2536
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919,	2537
42 U.S.C.A. 2011, as amended.	2538

(E) No person shall transport or cause to be transported	2539
within, into, or through the state any ~~large quantity of special~~	2540
~~or by-product~~ material that is subject to division (A)(1) of this	2541
section without first providing the notice required in that	2542
division ~~(A) of this section~~.	2543

(F) Whoever violates division (E) of this section, in	2544
addition to any penalty imposed under section 4163.99 of the	2545
Revised Code, is liable for a civil penalty in an amount not to	2546
exceed ten times the amount of the fee due under section 4905.801	2547
of the Revised Code. The attorney general, upon the request of the	2548
executive director of the emergency management agency, shall bring	2549
a civil action to collect the penalty. Fines collected pursuant to	2550
this section shall be deposited into the state treasury to the	2551
credit of the radioactive waste transportation fund created in	2552
section 4905.802 of the Revised Code.	2553

Sec. 4501.01. As used in this chapter and Chapters 4503.,	2554
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	2555
Revised Code, and in the penal laws, except as otherwise provided:	2556

(A) "Vehicles" means everything on wheels or runners,	2557
including motorized bicycles, but does not mean electric personal	2558
assistive mobility devices, vehicles that are operated exclusively	2559
on rails or tracks or from overhead electric trolley wires, and	2560
vehicles that belong to any police department, municipal fire	2561
department, or volunteer fire department, or that are used by such	2562
a department in the discharge of its functions.	2563

(B) "Motor vehicle" means any vehicle, including mobile homes	2564
and recreational vehicles, that is propelled or drawn by power	2565
other than muscular power or power collected from overhead	2566
electric trolley wires. "Motor vehicle" does not include utility	2567
vehicles as defined in division (VV) of this section, motorized	2568
bicycles, road rollers, traction engines, power shovels, power	2569
cranes, and other equipment used in construction work and not	2570
designed for or employed in general highway transportation,	2571
well-drilling machinery, ditch-digging machinery, farm machinery,	2572
and trailers that are designed and used exclusively to transport a	2573
boat between a place of storage and a marina, or in and around a	2574
marina, when drawn or towed on a public road or highway for a	2575
distance of no more than ten miles and at a speed of twenty-five	2576
miles per hour or less.	2577

(C) "Agricultural tractor" and "traction engine" mean any	2578
self-propelling vehicle that is designed or used for drawing other	2579
vehicles or wheeled machinery, but has no provisions for carrying	2580
loads independently of such other vehicles, and that is used	2581
principally for agricultural purposes.	2582

(D) "Commercial tractor," except as defined in division (C)	2583
of this section, means any motor vehicle that has motive power and	2584
either is designed or used for drawing other motor vehicles, or is	2585
designed or used for drawing another motor vehicle while carrying	2586
a portion of the other motor vehicle or its load, or both.	2587

(E) "Passenger car" means any motor vehicle that is designed	2588
and used for carrying not more than nine persons and includes any	2589
motor vehicle that is designed and used for carrying not more than	2590
fifteen persons in a ridesharing arrangement.	2591

(F) "Collector's vehicle" means any motor vehicle or	2592
agricultural tractor or traction engine that is of special	2593
interest, that has a fair market value of one hundred dollars or	2594
more, whether operable or not, and that is owned, operated,	2595
collected, preserved, restored, maintained, or used essentially as	2596
a collector's item, leisure pursuit, or investment, but not as the	2597
owner's principal means of transportation. "Licensed collector's	2598
vehicle" means a collector's vehicle, other than an agricultural	2599
tractor or traction engine, that displays current, valid license	2600
tags issued under section 4503.45 of the Revised Code, or a	2601
similar type of motor vehicle that displays current, valid license	2602
tags issued under substantially equivalent provisions in the laws	2603
of other states.	2604

(G) "Historical motor vehicle" means any motor vehicle that	2605
is over twenty-five years old and is owned solely as a collector's	2606
item and for participation in club activities, exhibitions, tours,	2607
parades, and similar uses, but that in no event is used for	2608
general transportation.	2609

(H) "Noncommercial motor vehicle" means any motor vehicle,	2610
including a farm truck as defined in section 4503.04 of the	2611
Revised Code, that is designed by the manufacturer to carry a load	2612
of no more than one ton and is used exclusively for purposes other	2613
than engaging in business for profit.	2614

(I) "Bus" means any motor vehicle that has motor power and is	2615
designed and used for carrying more than nine passengers, except	2616
any motor vehicle that is designed and used for carrying not more	2617
than fifteen passengers in a ridesharing arrangement.	2618

(J) "Commercial car" or "truck" means any motor vehicle that	2619
has motor power and is designed and used for carrying merchandise	2620
or freight, or that is used as a commercial tractor.	2621

(K) "Bicycle" means every device, other than a tricycle that	2622
is designed solely for use as a play vehicle by a child, that is	2623
propelled solely by human power upon which any person may ride,	2624
and that has ~~either~~ two tandem wheels, or one wheel in front and	2625
two wheels in the rear, or two wheels in the front and one wheel	2626
in the rear, any of which is more than fourteen inches in	2627
diameter.	2628

(L) "Motorized bicycle" means any vehicle that either has	2629
two tandem wheels or one wheel in the front and two wheels in the	2630
rear, that is capable of being pedaled, and that is equipped with	2631
a helper motor of not more than fifty cubic centimeters piston	2632
displacement that produces no more than one brake horsepower and	2633
is capable of propelling the vehicle at a speed of no greater than	2634
twenty miles per hour on a level surface.	2635

(M) "Trailer" means any vehicle without motive power that is	2636
designed or used for carrying property or persons wholly on its	2637
own structure and for being drawn by a motor vehicle, and includes	2638
any such vehicle that is formed by or operated as a combination of	2639
a semitrailer and a vehicle of the dolly type such as that	2640
commonly known as a trailer dolly, a vehicle used to transport	2641
agricultural produce or agricultural production materials between	2642
a local place of storage or supply and the farm when drawn or	2643
towed on a public road or highway at a speed greater than	2644
twenty-five miles per hour, and a vehicle that is designed and	2645
used exclusively to transport a boat between a place of storage	2646
and a marina, or in and around a marina, when drawn or towed on a	2647
public road or highway for a distance of more than ten miles or at	2648
a speed of more than twenty-five miles per hour. "Trailer" does	2649
not include a manufactured home or travel trailer.	2650

(N) "Noncommercial trailer" means any trailer, except a	2651
travel trailer or trailer that is used to transport a boat as	2652
described in division (B) of this section, but, where applicable,	2653
includes a vehicle that is used to transport a boat as described	2654
in division (M) of this section, that has a gross weight of no	2655
more than three thousand pounds, and that is used exclusively for	2656
purposes other than engaging in business for a profit.	2657

(O) "Mobile home" means a building unit or assembly of closed	2658
construction that is fabricated in an off-site facility, is more	2659
than thirty-five body feet in length or, when erected on site, is	2660
three hundred twenty or more square feet, is built on a permanent	2661
chassis, is transportable in one or more sections, and does not	2662
qualify as a manufactured home as defined in division (C)(4) of	2663
section 3781.06 of the Revised Code or as an industrialized unit	2664
as defined in division (C)(3) of section 3781.06 of the Revised	2665
Code.	2666

(P) "Semitrailer" means any vehicle of the trailer type that	2667
does not have motive power and is so designed or used with another	2668
and separate motor vehicle that in operation a part of its own	2669
weight or that of its load, or both, rests upon and is carried by	2670
the other vehicle furnishing the motive power for propelling	2671
itself and the vehicle referred to in this division, and includes,	2672
for the purpose only of registration and taxation under those	2673
chapters, any vehicle of the dolly type, such as a trailer dolly,	2674
that is designed or used for the conversion of a semitrailer into	2675
a trailer.	2676

(Q) "Recreational vehicle" means a vehicular portable	2677
structure that meets all of the following conditions:	2678

(1) It is designed for the sole purpose of recreational	2679
travel.	2680

(2) It is not used for the purpose of engaging in business	2681
for profit.	2682

(3) It is not used for the purpose of engaging in intrastate	2683
commerce.	2684

(4) It is not used for the purpose of commerce as defined in	2685
49 C.F.R. 383.5, as amended.	2686

(5) It is not regulated by the public utilities commission	2687
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	2688

(6) It is classed as one of the following:

2689

(a) "Travel trailer" means a nonself-propelled recreational	2690
vehicle that does not exceed an overall length of thirty-five	2691
feet, exclusive of bumper and tongue or coupling, and contains	2692
less than three hundred twenty square feet of space when erected	2693
on site. "Travel trailer" includes a tent-type fold-out camping	2694
trailer as defined in section 4517.01 of the Revised Code.	2695

(b) "Motor home" means a self-propelled recreational vehicle	2696
that has no fifth wheel and is constructed with permanently	2697
installed facilities for cold storage, cooking and consuming of	2698
food, and for sleeping.	2699

(c) "Truck camper" means a nonself-propelled recreational	2700
vehicle that does not have wheels for road use and is designed to	2701
be placed upon and attached to a motor vehicle. "Truck camper"	2702
does not include truck covers that consist of walls and a roof,	2703
but do not have floors and facilities enabling them to be used as	2704
a dwelling.	2705

(d) "Fifth wheel trailer" means a vehicle that is of such	2706
size and weight as to be movable without a special highway permit,	2707
that has a gross trailer area of four hundred square feet or	2708
less, that is constructed with a raised forward section that	2709
allows a bi-level floor plan, and that is designed to be towed by	2710
a vehicle equipped with a fifth-wheel hitch ordinarily installed	2711
in the bed of a truck.	2712

(e) "Park trailer" means a vehicle that is commonly known as	2713
a park model recreational vehicle, meets the American national	2714
standard institute standard A119.5 (1988) for park trailers, is	2715
built on a single chassis, has a gross trailer area of four	2716
hundred square feet or less when set up, is designed for seasonal	2717
or temporary living quarters, and may be connected to utilities	2718
necessary for the operation of installed features and appliances.	2719

(R) "Pneumatic tires" means tires of rubber and fabric or	2720
tires of similar material, that are inflated with air.	2721

(S) "Solid tires" means tires of rubber or similar elastic	2722
material that are not dependent upon confined air for support of	2723
the load.	2724

(T) "Solid tire vehicle" means any vehicle that is equipped	2725
with two or more solid tires.	2726

(U) "Farm machinery" means all machines and tools that are	2727
used in the production, harvesting, and care of farm products, and	2728
includes trailers that are used to transport agricultural produce	2729
or agricultural production materials between a local place of	2730
storage or supply and the farm, agricultural tractors, threshing	2731
machinery, hay-baling machinery, corn shellers, hammermills, and	2732
machinery used in the production of horticultural, agricultural,	2733
and vegetable products.	2734

(V) "Owner" includes any person or firm, other than a	2735
manufacturer or dealer, that has title to a motor vehicle, except	2736
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	2737
includes in addition manufacturers and dealers.	2738

(W) "Manufacturer" and "dealer" include all persons and firms	2739
that are regularly engaged in the business of manufacturing,	2740
selling, displaying, offering for sale, or dealing in motor	2741
vehicles, at an established place of business that is used	2742
exclusively for the purpose of manufacturing, selling, displaying,	2743
offering for sale, or dealing in motor vehicles. A place of	2744
business that is used for manufacturing, selling, displaying,	2745
offering for sale, or dealing in motor vehicles shall be deemed to	2746
be used exclusively for those purposes even though snowmobiles or	2747
all-purpose vehicles are sold or displayed for sale thereat, even	2748
though farm machinery is sold or displayed for sale thereat, or	2749
even though repair, accessory, gasoline and oil, storage, parts,	2750
service, or paint departments are maintained thereat, or, in any	2751
county having a population of less than seventy-five thousand at	2752
the last federal census, even though a department in a place of	2753
business is used to dismantle, salvage, or rebuild motor vehicles	2754
by means of used parts, if such departments are operated for the	2755
purpose of furthering and assisting in the business of	2756
manufacturing, selling, displaying, offering for sale, or dealing	2757
in motor vehicles. Places of business or departments in a place of	2758
business used to dismantle, salvage, or rebuild motor vehicles by	2759
means of using used parts are not considered as being maintained	2760
for the purpose of assisting or furthering the manufacturing,	2761
selling, displaying, and offering for sale or dealing in motor	2762
vehicles.	2763

(X) "Operator" includes any person who drives or operates a	2764
motor vehicle upon the public highways.	2765

(Y) "Chauffeur" means any operator who operates a motor	2766
vehicle, other than a taxicab, as an employee for hire; or any	2767
operator whether or not the owner of a motor vehicle, other than a	2768
taxicab, who operates such vehicle for transporting, for gain,	2769
compensation, or profit, either persons or property owned by	2770
another. Any operator of a motor vehicle who is voluntarily	2771
involved in a ridesharing arrangement is not considered an	2772
employee for hire or operating such vehicle for gain,	2773
compensation, or profit.	2774

(Z) "State" includes the territories and federal districts of	2775
the United States, and the provinces of Canada.	2776

(AA) "Public roads and highways" for vehicles includes all	2777
public thoroughfares, bridges, and culverts.	2778

(BB) "Manufacturer's number" means the manufacturer's	2779
original serial number that is affixed to or imprinted upon the	2780
chassis or other part of the motor vehicle.	2781

(CC) "Motor number" means the manufacturer's original number	2782
that is affixed to or imprinted upon the engine or motor of the	2783
vehicle.	2784

(DD) "Distributor" means any person who is authorized by a	2785
motor vehicle manufacturer to distribute new motor vehicles to	2786
licensed motor vehicle dealers at an established place of business	2787
that is used exclusively for the purpose of distributing new motor	2788
vehicles to licensed motor vehicle dealers, except when the	2789
distributor also is a new motor vehicle dealer, in which case the	2790
distributor may distribute at the location of the distributor's	2791
licensed dealership.	2792

(EE) "Ridesharing arrangement" means the transportation of	2793
persons in a motor vehicle where the transportation is incidental	2794
to another purpose of a volunteer driver and includes ridesharing	2795
arrangements known as carpools, vanpools, and buspools.	2796

(FF) "Apportionable vehicle" means any vehicle that is used	2797
or intended for use in two or more international registration plan	2798
member jurisdictions that allocate or proportionally register	2799
vehicles, that is used for the transportation of persons for hire	2800
or designed, used, or maintained primarily for the transportation	2801
of property, and that meets any of the following qualifications:	2802

(1) Is a power unit having a gross vehicle weight in excess	2803
of twenty-six thousand pounds;	2804

(2) Is a power unit having three or more axles, regardless	2805
of the gross vehicle weight;	2806

(3) Is a combination vehicle with a gross vehicle weight in	2807
excess of twenty-six thousand pounds.	2808

"Apportionable vehicle" does not include recreational	2809
vehicles, vehicles displaying restricted plates, city pick-up and	2810
delivery vehicles, buses used for the transportation of chartered	2811
parties, or vehicles owned and operated by the United States, this	2812
state, or any political subdivisions thereof.	2813

(GG) "Chartered party" means a group of persons who contract	2814
as a group to acquire the exclusive use of a passenger-carrying	2815
motor vehicle at a fixed charge for the vehicle in accordance with	2816
the carrier's tariff, lawfully on file with the United States	2817
department of transportation, for the purpose of group travel to a	2818
specified destination or for a particular itinerary, either agreed	2819
upon in advance or modified by the chartered group after having	2820
left the place of origin.	2821

(HH) "International registration plan" means a reciprocal	2822
agreement of member jurisdictions that is endorsed by the American	2823
association of motor vehicle administrators, and that promotes and	2824
encourages the fullest possible use of the highway system by	2825
authorizing apportioned registration of fleets of vehicles and	2826
recognizing registration of vehicles apportioned in member	2827
jurisdictions.	2828

(II) "Restricted plate" means a license plate that has a	2829
restriction of time, geographic area, mileage, or commodity, and	2830
includes license plates issued to farm trucks under division (J)	2831
of section 4503.04 of the Revised Code.	2832

(JJ) "Gross vehicle weight," with regard to any commercial	2833
car, trailer, semitrailer, or bus that is taxed at the rates	2834
established under section 4503.042 or 4503.65 of the Revised Code,	2835
means the unladen weight of the vehicle fully equipped plus the	2836
maximum weight of the load to be carried on the vehicle.	2837

(KK) "Combined gross vehicle weight" with regard to any	2838
combination of a commercial car, trailer, and semitrailer, that is	2839
taxed at the rates established under section 4503.042 or 4503.65	2840
of the Revised Code, means the total unladen weight of the	2841
combination of vehicles fully equipped plus the maximum weight of	2842
the load to be carried on that combination of vehicles.	2843

(LL) "Chauffeured limousine" means a motor vehicle that is	2844
designed to carry nine or fewer passengers and is operated for	2845
hire on an hourly basis pursuant to a prearranged contract for the	2846
transportation of passengers on public roads and highways along a	2847
route under the control of the person hiring the vehicle and not	2848
over a defined and regular route. "Prearranged contract" means an	2849
agreement, made in advance of boarding, to provide transportation	2850
from a specific location in a chauffeured limousine at a fixed	2851
rate per hour or trip. "Chauffeured limousine" does not include	2852
any vehicle that is used exclusively in the business of funeral	2853
directing.	2854

(MM) "Manufactured home" has the same meaning as in division	2855
(C)(4) of section 3781.06 of the Revised Code.	2856

(NN) "Acquired situs," with respect to a manufactured home or	2857
a mobile home, means to become located in this state by the	2858
placement of the home on real property, but does not include the	2859
placement of a manufactured home or a mobile home in the inventory	2860
of a new motor vehicle dealer or the inventory of a manufacturer,	2861
remanufacturer, or distributor of manufactured or mobile homes.	2862

(OO) "Electronic" includes electrical, digital, magnetic,	2863
optical, electromagnetic, or any other form of technology that	2864
entails capabilities similar to these technologies.	2865

(PP) "Electronic record" means a record generated,	2866
communicated, received, or stored by electronic means for use in	2867
an information system or for transmission from one information	2868
system to another.	2869

(QQ) "Electronic signature" means a signature in electronic	2870
form attached to or logically associated with an electronic	2871
record.	2872

(RR) "Financial transaction device" has the same meaning as	2873
in division (A) of section 113.40 of the Revised Code.	2874

(SS) "Electronic motor vehicle dealer" means a motor vehicle	2875
dealer licensed under Chapter 4517. of the Revised Code whom the	2876
registrar of motor vehicles determines meets the criteria	2877
designated in section 4503.035 of the Revised Code for electronic	2878
motor vehicle dealers and designates as an electronic motor	2879
vehicle dealer under that section.	2880

(TT) "Electric personal assistive mobility device" means a	2881
self-balancing two non-tandem wheeled device that is designed to	2882
transport only one person, has an electric propulsion system of an	2883
average of seven hundred fifty watts, and when ridden on a paved	2884
level surface by an operator who weighs one hundred seventy pounds	2885
has a maximum speed of less than twenty miles per hour.	2886

(UU) "Limited driving privileges" means the privilege to	2887
operate a motor vehicle that a court grants under section 4510.021	2888
of the Revised Code to a person whose driver's or commercial	2889
driver's license or permit or nonresident operating privilege has	2890
been suspended.	2891

(VV) "Utility vehicle" means a self-propelled vehicle	2892
designed with a bed, principally for the purpose of transporting	2893
material or cargo in connection with construction, agricultural,	2894
forestry, grounds maintenance, lawn and garden, materials	2895
handling, or similar activities. "Utility vehicle" includes a	2896
vehicle with a maximum attainable speed of twenty miles per hour	2897
or less that is used exclusively within the boundaries of state	2898
parks by state park employees or volunteers for the operation or	2899
maintenance of state park facilities.	2900

Sec. 4501.026. The registrar of motor vehicles or a deputy	2901
registrar shall ask an individual with whom the registrar or	2902
deputy registrar conducts driver's license or identification card	2903
transactions if the individual is a veteran or is currently	2904
serving in the armed forces of the United States or any reserve	2905
component of the armed forces of the United States or the Ohio	2906
national guard. If the individual claims to be a veteran or to be	2907
currently serving in the armed forces of the United States or any	2908
reserve component of the armed forces of the United States or the	2909
Ohio national guard, the registrar or deputy registrar shall	2910
provide the individual's name, address, and military status to	2911
the department of veterans services for official government	2912
purposes regarding benefits and services.	2913

Sec. 4501.03. The registrar of motor vehicles shall open an	2914
account with each county and district of registration in the	2915
state, and may assign each county and district of registration in	2916
the state a unique code for identification purposes. Except as	2917
provided in section 4501.044 or division ~~(B)~~(A) (1) of section	2918
4501.045 of the Revised Code, the registrar shall pay all moneys	2919
the registrar receives under sections 4503.02, 4503.12, and	2920
4504.09 of the Revised Code into the state treasury to the credit	2921
of the auto registration distribution fund, which is hereby	2922
created, for distribution in the manner provided for in this	2923
section and sections 4501.04, 4501.041, 4501.042, and 4501.043 of	2924
the Revised Code. All other moneys received by the registrar shall	2925
be deposited in the state bureau of motor vehicles fund	2926
established in section 4501.25 of the Revised Code for the	2927
purposes enumerated in that section, unless otherwise provided by	2928
law.	2929

All moneys credited to the auto registration distribution	2930
fund shall be distributed to the counties and districts of	2931
registration, except for funds received by the registrar under	2932
section 4504.09 of the Revised Code, after receipt of	2933
certifications from the commissioners of the sinking fund	2934
certifying, as required by sections 5528.15 and 5528.35 of the	2935
Revised Code, that there are sufficient moneys to the credit of	2936
the highway improvement bond retirement fund created by section	2937
5528.12 of the Revised Code to meet in full all payments of	2938
interest, principal, and charges for the retirement of bonds and	2939
other obligations issued pursuant to Section 2g of Article VIII,	2940
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	2941
Code due and payable during the current calendar year, and that	2942
there are sufficient moneys to the credit of the highway	2943
obligations bond retirement fund created by section 5528.32 of the	2944
Revised Code to meet in full all payments of interest, principal,	2945
and charges for the retirement of highway obligations issued	2946
pursuant to Section 2i of Article VIII, Ohio Constitution, and	2947
sections 5528.30 and 5528.31 of the Revised Code due and payable	2948
during the current calendar year, in the manner provided in	2949
section 4501.04 of the Revised Code.	2950

The treasurer of state may invest any portion of the moneys	2951
credited to the auto registration distribution fund, in the same	2952
manner and subject to all the laws with respect to the investment	2953
of state funds by the treasurer of state, and all investment	2954
earnings of the fund shall be credited to the fund.	2955

Once each month the registrar shall prepare vouchers in favor	2956
of the county auditor of each county for the amount of the tax	2957
collection pursuant to sections 4503.02 and 4503.12 of the Revised	2958
Code apportioned to the county and to the districts of	2959
registration located wholly or in part in the county auditor's	2960
county. The county auditor shall distribute the proceeds of the	2961
tax collections due the county and the districts of registration	2962
in the manner provided in section 4501.04 of the Revised Code.	2963

Once each month the registrar also shall prepare vouchers in	2964
favor of the county auditor of each county levying a county motor	2965
vehicle license tax pursuant to section 4504.02, 4504.15, or	2966
4504.16 of the Revised Code and of each county in which is located	2967
one or more townships levying a township motor vehicle license tax	2968
pursuant to section 4504.18 of the Revised Code for the amount of	2969
the tax due the county or townships in the county.	2970

All moneys received by the registrar under sections 4503.02,	2971
4503.12, and 4504.09 of the Revised Code shall be distributed to	2972
counties, townships, and municipal corporations within thirty days	2973
of the expiration of the registration year, except that a sum	2974
equal to five per cent of the total amount received under sections	2975
4503.02 and 4503.12 of the Revised Code may be reserved to make	2976
final adjustments in accordance with the formula for distribution	2977
set forth in section 4501.04 of the Revised Code. If amounts set	2978
aside to make the adjustments are inadequate, necessary	2979
adjustments shall be made immediately out of funds available for	2980
distribution for the following two registration years.	2981

Sec. 4501.044. (A) All moneys received under section 4503.65	2982
of the Revised Code and from the tax imposed by section 4503.02 of	2983
the Revised Code on vehicles that are apportionable and to which	2984
the rates specified in divisions (A)(1) to (21) and division (B)	2985
of section 4503.042 of the Revised Code apply shall be paid into	2986
the international registration plan distribution fund, which is	2987
hereby created in the state treasury, and distributed as follows:	2988

(1) First, to make payments to other states that are members	2989
of the international registration plan of the portions of	2990
registration taxes the states are eligible to receive because of	2991
the operation within their borders of apportionable vehicles that	2992
are registered in Ohio;	2993

(2) Second, two and five-tenths per cent of all the moneys	2994
received from apportionable vehicles under section 4503.65 of the	2995
Revised Code that are collected from other international	2996
registration plan jurisdictions commencing on and after October 1,	2997
2009, shall be deposited into the state highway safety fund	2998
established in section 4501.06 of the Revised Code;	2999

(3) Third, forty-two and six-tenths per cent of the moneys	3000
received from apportionable vehicles under divisions (A)(8) to	3001
(21) of section 4503.042 and forty-two and six-tenths per cent of	3002
the balance remaining from the moneys received under section	3003
4503.65 of the Revised Code after distribution under division	3004
(A)(2) of this section shall be deposited in the state treasury to	3005
the credit of the highway obligations bond retirement fund created	3006
by section 5528.32 of the Revised Code and used solely for the	3007
purposes set forth in that section, except that, from the date the	3008
commissioners of the sinking fund make the certification to the	3009
treasurer of state on the sufficiency of funds in the highway	3010
obligation bond retirement fund as required by section 5528.38 of	3011
the Revised Code, and until the thirty-first day of December of	3012
the year in which the certification is made, the amounts	3013
distributed under division (A)~~(2)~~(3) of this section shall be	3014
credited to the highway operating fund created by section 5735.291	3015
of the Revised Code;	3016

~~(3) Third~~(4) Fourth, an amount estimated as the annual costs	3017
that the department of taxation will incur in conducting audits of	3018
persons who have registered motor vehicles under the international	3019
registration plan, one-twelfth of which amount shall be paid by	3020
the registrar of motor vehicles into the international	3021
registration plan auditing fund created by section 5703.12 of the	3022
Revised Code by the fifteenth day of each month;	3023

~~(4) Fourth~~(5) Fifth, to the state bureau of motor vehicles	3024
fund established in section 4501.25 of the Revised Code, to offset	3025
operating expenses incurred by the bureau of motor vehicles in	3026
administering the international registration plan;	3027

~~(5)~~(6) Any moneys remaining in the international registration	3028
plan distribution fund after distribution under divisions (A)(1)	3029
to ~~(4)~~(5) of this section shall be distributed in accordance with	3030
division (B) of this section.	3031

(B)(1) Moneys received from the tax imposed by section	3032
4503.02 of the Revised Code on vehicles that are apportionable and	3033
to which the rates specified in divisions (A)(1) to (21) and	3034
division (B) of section 4503.042 of the Revised Code apply shall	3035
be distributed and used in the manner provided in section 4501.04	3036
of the Revised Code and rules adopted by the registrar of motor	3037
vehicles for moneys deposited to the credit of the auto	3038
registration distribution fund.	3039

(2) Moneys received from collections under section 4503.65 of	3040
the Revised Code shall be distributed under divisions (B)(2) and	3041
(3) of this section.	3042

Each county, township, and municipal corporation shall	3043
receive an amount such that the ratio that the amount of moneys	3044
received by that county, township, or municipal corporation under	3045
division (B)(1) of this section from apportionable vehicles	3046
registered in Ohio and under section 4503.65 of the Revised Code	3047
from apportionable vehicles registered in other international	3048
registration plan jurisdictions bears to the total amount of	3049
moneys received by all counties, townships, and municipal	3050
corporations under division (B)(1) of this section from	3051
apportionable vehicles registered in Ohio and under section	3052
4503.65 of the Revised Code from apportionable vehicles registered	3053
in other international registration plan jurisdictions equals the	3054
ratio that the amount of moneys that the county, township, or	3055
municipal corporation would receive from apportionable vehicles	3056
registered in Ohio were the moneys from such vehicles distributed	3057
under section 4501.04 of the Revised Code, based solely on the	3058
weight schedules contained in section 4503.042 of the Revised	3059
Code, bears to the total amount of money that all counties,	3060
townships, and municipal corporations would receive from	3061
apportionable vehicles registered in Ohio were the moneys from	3062
such vehicles distributed under section 4501.04 of the Revised	3063
Code, based solely on the weight schedules contained in section	3064
4503.042 of the Revised Code.	3065

No county, township, or municipal corporation shall receive	3066
under division (B)(2) of this section an amount greater than the	3067
amount of money that that county, township, or municipal	3068
corporation would receive from apportionable vehicles registered	3069
in Ohio were the money from the taxation of such vehicles	3070
distributed under section 4501.04 of the Revised Code based solely	3071
on the weight schedules contained in section 4503.042 of the	3072
Revised Code.	3073

(3) If, at the end of the distribution year, the total of all	3074
moneys received under section 4503.65 of the Revised Code exceeds	3075
the total moneys subject to distribution under division (B)(2) of	3076
this section, the registrar shall distribute to each county,	3077
township, and municipal corporation a portion of the excess. The	3078
excess shall be distributed to counties, townships, and municipal	3079
corporations in the same proportion that the revenues received by	3080
each county, township, and municipal corporation from collections	3081
under section 4503.02 and from collections under section 4503.65	3082
of the Revised Code during that distribution year bears to the	3083
total revenues received by counties, townships, and municipal	3084
corporations from taxes levied under section 4503.02 and from	3085
collections under section 4503.65 of the Revised Code during that	3086
distribution year.	3087

(C) All moneys received from the administrative fee imposed	3088
by division (C) of section 4503.042 of the Revised Code shall be	3089
deposited to the credit of the state bureau of motor vehicles fund	3090
established in section 4501.25 of the Revised Code, to offset	3091
operating expenses incurred by the bureau of motor vehicles in	3092
administering the international registration plan.	3093

(D) All investment earnings of the international registration	3094
plan distribution fund shall be credited to the fund.	3095

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	3096
referred to in division (O) of section 4503.04, division (E) of	3097
section 4503.042, division (B) of section 4503.07, division (C)(1)	3098
of section 4503.10, division (D) of section 4503.182, division	3099
(D)(2) of section 4507.24, division (A) of section 4508.06, and	3100
sections 4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05,	3101
4923.12, and 5502.12 of the Revised Code, and the taxes charged	3102
in section 4503.65 that are distributed in accordance with	3103
division (A)(2) of section 4501.044 of the Revised Code unless	3104
otherwise designated by law, shall be deposited in the state	3105
treasury to the credit of the state highway safety fund, which is	3106
hereby created, and shall, after receipt of certifications from	3107
the commissioners of the sinking fund certifying, as required by	3108
sections 5528.15 and 5528.35 of the Revised Code, that there are	3109
sufficient moneys to the credit of the highway improvement bond	3110
retirement fund created by section 5528.12 of the Revised Code to	3111
meet in full all payments of interest, principal, and charges for	3112
the retirement of bonds and other obligations issued pursuant to	3113
Section 2g of Article VIII, Ohio Constitution, and sections	3114
5528.10 and 5528.11 of the Revised Code due and payable during	3115
the current calendar year, and that there are sufficient moneys	3116
to the credit of the highway obligations bond retirement fund	3117
created by section 5528.32 of the Revised Code to meet in full	3118
all payments of interest, principal, and charges for the	3119
retirement of highway obligations issued pursuant to Section 2i	3120
of Article VIII, Ohio Constitution, and sections 5528.30 and	3121
5528.31 of the Revised Code due and payable during the current	3122
calendar year, be used for the purpose of enforcing and paying	3123
the expenses of administering the law relative to the	3124
registration and operation of motor vehicles on the public roads	3125
or highways. Amounts credited to the fund may also be used to pay	3126
the expenses of administering and enforcing the laws under which	3127
such fees were collected. All investment earnings of the state	3128
highway safety fund shall be credited to the fund.	3129

Sec. 4501.21. (A) There is hereby created in the state	3130
treasury the license plate contribution fund. The fund shall	3131
consist of all contributions paid by motor vehicle registrants and	3132
collected by the registrar of motor vehicles pursuant to sections	3133
4503.491, 4503.493, 4503.50, 4503.501, 4503.502, 4503.51,	3134
4503.522, 4503.523, 4503.545, 4503.55, 4503.551, 4503.552,	3135
4503.553, 4503.561, 4503.562, 4503.591, 4503.67, 4503.68,	3136
4503.69, 4503.71, 4503.711, 4503.712, 4503.72, 4503.73, 4503.74,	3137
4503.75, 4503.85, and 4503.92 of the Revised Code.	3138

(B) The registrar shall pay the contributions the registrar	3139
collects in the fund as follows:	3140

The registrar shall pay the contributions received pursuant	3141
to section 4503.491 of the Revised Code to the breast cancer fund	3142
of Ohio, which shall use that money only to pay for programs that	3143
provide assistance and education to Ohio breast cancer patients	3144
and that improve access for such patients to quality health care	3145
and clinical trials and shall not use any of the money for	3146
abortion information, counseling, services, or other	3147
abortion-related activities.	3148

The registrar shall pay the contributions received pursuant	3149
to section 4503.493 of the Revised Code to the autism society of	3150
Ohio, which shall use the contributions for programs and autism	3151
awareness efforts throughout the state.	3152

The registrar shall pay the contributions the registrar	3153
receives pursuant to section 4503.50 of the Revised Code to the	3154
future farmers of America foundation, which shall deposit the	3155
contributions into its general account to be used for educational	3156
and scholarship purposes of the future farmers of America	3157
foundation.	3158

The registrar shall pay the contributions the registrar	3159
receives pursuant to section 4503.501 of the Revised Code to the	3160
4-H youth development program of the Ohio state university	3161
extension program, which shall use those contributions to pay the	3162
expenses it incurs in conducting its educational activities.	3163

The registrar shall pay the contributions received pursuant	3164
to section 4503.502 of the Revised Code to the Ohio cattlemen's	3165
foundation, which shall use those contributions for scholarships	3166
and other educational activities.	3167

The registrar shall pay each contribution the registrar	3168
receives pursuant to section 4503.51 of the Revised Code to the	3169
university or college whose name or marking or design appears on	3170
collegiate license plates that are issued to a person under that	3171
section. A university or college that receives contributions from	3172
the fund shall deposit the contributions into its general	3173
scholarship fund.	3174

The registrar shall pay the contributions the registrar	3175
receives pursuant to section 4503.522 of the Revised Code to the	3176
"friends of Perry's victory and international peace memorial,	3177
incorporated," a nonprofit corporation organized under the laws of	3178
this state, to assist that organization in paying the expenses it	3179
incurs in sponsoring or holding charitable, educational, and	3180
cultural events at the monument.	3181

The registrar shall pay the contributions the registrar	3182
receives pursuant to section 4503.523 of the Revised Code to the	3183
fairport lights foundation, which shall use the money to pay for	3184
the restoration, maintenance, and preservation of the lighthouses	3185
of fairport harbor.	3186

The registrar shall pay the contributions the registrar	3187
receives pursuant to section 4503.55 of the Revised Code to the	3188
pro football hall of fame, which shall deposit the contributions	3189
into a special bank account that it establishes and which shall be	3190
separate and distinct from any other account the pro football hall	3191
of fame maintains, to be used exclusively for the purpose of	3192
promoting the pro football hall of fame as a travel destination.	3193

The registrar shall pay the contributions that are paid to	3194
the registrar pursuant to section 4503.545 of the Revised Code to	3195
the national rifle association foundation, which shall use the	3196
money to pay the costs of the educational activities and programs	3197
the foundation holds or sponsors in this state.	3198

~~In accordance with section 955.202 of the Revised Code, the~~	3199
The registrar shall pay to the Ohio pet fund the contributions	3200
the registrar receives pursuant to section 4503.551 of the	3201
Revised Code and any other money from any other source,	3202
including donations, gifts, and grants, that is designated by	3203
the source to be paid to the Ohio pet fund. The Ohio pet fund	3204
shall use the moneys it receives under this section ~~only~~ to	3205
support programs for the sterilization of dogs and cats and for	3206
educational programs concerning the proper veterinary care of	3207
those animals, and for expenses of the Ohio pet fund that are	3208
reasonably necessary for it to obtain and maintain its tax-exempt	3209
status and to perform its duties.	3210

The registrar shall pay the contributions the registrar	3211
receives pursuant to section 4503.552 of the Revised Code to the	3212
rock and roll hall of fame and museum, incorporated.	3213

The registrar shall pay the contributions the registrar	3214
receives pursuant to section 4503.553 of the Revised Code to the	3215
Ohio coalition for animals, incorporated, a nonprofit corporation.	3216
Except as provided in division (B) of this section, the coalition	3217
shall distribute the money to its members, and the members shall	3218
use the money only to pay for educational, charitable, and other	3219
programs of each coalition member that provide care for unwanted,	3220
abused, and neglected horses. The Ohio coalition for animals may	3221
use a portion of the money to pay for reasonable marketing costs	3222
incurred in the design and promotion of the license plate and	3223
for administrative costs incurred in the disbursement and	3224
management of funds received under this section.	3225

The registrar shall pay the contributions the registrar	3226
receives pursuant to section 4503.561 of the Revised Code to the	3227
state of Ohio chapter of ducks unlimited, inc., which shall	3228
deposit the contributions into a special bank account that it	3229
establishes. The special bank account shall be separate and	3230
distinct from any other account the state of Ohio chapter of ducks	3231
unlimited, inc., maintains and shall be used exclusively for the	3232
purpose of protecting, enhancing, restoring, and managing wetlands	3233
and conserving wildlife habitat. The state of Ohio chapter of	3234
ducks unlimited, inc., annually shall notify the registrar in	3235
writing of the name, address, and account to which such payments	3236
are to be made.	3237

The registrar shall pay the contributions the registrar	3238
receives pursuant to section 4503.562 of the Revised Code to the	3239
Mahoning river consortium, which shall use the money to pay the	3240
expenses it incurs in restoring and maintaining the Mahoning	3241
river watershed.	3242

The registrar shall pay to a sports commission created	3243
pursuant to section 4503.591 of the Revised Code each	3244
contribution the registrar receives under that section that an	3245
applicant pays to obtain license plates that bear the logo of a	3246
professional sports team located in the county of that sports	3247
commission and that is participating in the license plate program	3248
pursuant to division (E) of that section, irrespective of the	3249
county of residence of an applicant.	3250

The registrar shall pay to a community charity each	3251
contribution the registrar receives under section 4503.591 of the	3252
Revised Code that an applicant pays to obtain license plates that	3253
bear the logo of a professional sports team that is participating	3254
in the license plate program pursuant to division (G) of that	3255
section.	3256

The registrar shall pay the contributions the registrar	3257
receives pursuant to section 4503.67 of the Revised Code to the	3258
Dan Beard council of the boy scouts of America. The council shall	3259
distribute all contributions in an equitable manner throughout	3260
the state to regional councils of the boy scouts.	3261

The registrar shall pay the contributions the registrar	3262
receives pursuant to section 4503.68 of the Revised Code to the	3263
great river council of the girl scouts of the United States of	3264
America. The council shall distribute all contributions in an	3265
equitable manner throughout the state to regional councils of the	3266
girl scouts.	3267

The registrar shall pay the contributions the registrar	3268
receives pursuant to section 4503.69 of the Revised Code to the	3269
Dan Beard council of the boy scouts of America. The council shall	3270
distribute all contributions in an equitable manner throughout	3271
the state to regional councils of the boy scouts.	3272

The registrar shall pay the contributions the registrar	3273
receives pursuant to section 4503.71 of the Revised Code to the	3274
fraternal order of police of Ohio, incorporated, which shall	3275
deposit the fees into its general account to be used for purposes	3276
of the fraternal order of police of Ohio, incorporated.	3277

The registrar shall pay the contributions the registrar	3278
receives pursuant to section 4503.711 of the Revised Code to the	3279
fraternal order of police of Ohio, incorporated, which shall	3280
deposit the contributions into an account that it creates to be	3281
used for the purpose of advancing and protecting the law	3282
enforcement profession, promoting improved law enforcement	3283
methods, and teaching respect for law and order.	3284

The registrar shall pay the contributions received pursuant	3285
to section 4503.712 of the Revised Code to Ohio concerns of	3286
police survivors, which shall use those contributions to provide	3287
whatever assistance may be appropriate to the families of Ohio	3288
law enforcement officers who are killed in the line of duty.	3289

The registrar shall pay the contributions the registrar	3290
receives pursuant to section 4503.72 of the Revised Code to the	3291
organization known on March 31, 2003, as the Ohio CASA/GAL	3292
association, a private, nonprofit corporation organized under	3293
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	3294
shall use these contributions to pay the expenses it incurs in	3295
administering a program to secure the proper representation in the	3296
courts of this state of abused, neglected, and dependent children,	3297
and for the training and supervision of persons participating in	3298
that program.	3299

The registrar shall pay the contributions the registrar	3300
receives pursuant to section 4503.73 of the Revised Code to	3301
Wright B. Flyer, incorporated, which shall deposit the	3302
contributions into its general account to be used for purposes of	3303
Wright B. Flyer, incorporated.	3304

The registrar shall pay the contributions the registrar	3305
receives pursuant to section 4503.74 of the Revised Code to the	3306
Columbus zoological park association, which shall disburse the	3307
moneys to Ohio's major metropolitan zoos, as defined in section	3308
4503.74 of the Revised Code, in accordance with a written	3309
agreement entered into by the major metropolitan zoos.	3310

The registrar shall pay the contributions the registrar	3311
receives pursuant to section 4503.75 of the Revised Code to the	3312
rotary foundation, located on March 31, 2003, in Evanston,	3313
Illinois, to be placed in a fund known as the permanent fund and	3314
used to endow educational and humanitarian programs of the rotary	3315
foundation.	3316

The registrar shall pay the contributions the registrar	3317
receives pursuant to section 4503.85 of the Revised Code to the	3318
Ohio sea grant college program to be used for Lake Erie area	3319
research projects.	3320

The registrar shall pay the contributions received pursuant	3321
to section 4503.92 of the Revised Code to support our troops,	3322
incorporated, a national nonprofit corporation, which shall use	3323
those contributions in accordance with its articles of	3324
incorporation and for the benefit of servicemembers of the armed	3325
forces of the United States and their families when they are in	3326
financial need.	3327

(C) All investment earnings of the license plate contribution	3328
fund shall be credited to the fund. Not later than the first day	3329
of May of every year, the registrar shall distribute to each	3330
entity described in division (B) of this section the investment	3331
income the fund earned the previous calendar year. The amount of	3332
such a distribution paid to an entity shall be proportionate to	3333
the amount of money the entity received from the fund during the	3334
previous calendar year.	3335

Sec. 4501.34. (A) The registrar of motor vehicles may adopt	3336
and publish rules to govern the registrar's proceedings. All	3337
proceedings of the registrar shall be open to the public, and all	3338
documents in the registrar's possession are public records. The	3339
registrar shall adopt a seal bearing the inscription: "Motor	3340
Vehicle Registrar of Ohio." The seal shall be affixed to all writs	3341
and authenticated copies of records, and, when it has been so	3342
attached, the copies shall be received in evidence with the same	3343
effect as other public records. All courts shall take judicial	3344
notice of the seal.	3345

(B) Upon the request of any person accompanied by a	3346
nonrefundable fee of ~~two~~five dollars per name, the registrar may	3347
furnish lists of names and addresses as they appear upon the	3348
applications for driver's licenses, provided that any further	3349
information contained in the applications shall not be disclosed.	3350
The registrar shall pay ~~all the fees~~two dollars of each fee	3351
collected into the state treasury to the credit of the state	3352
bureau of motor vehicles fund established in section 4501.25 of	3353
the Revised Code. Of the remaining three dollars of each such fee	3354
the registrar collects, the registrar shall deposit sixty cents	3355
into the state treasury to the credit of the trauma and	3356
emergency medical services fund established in section 4513.263	3357
of the Revised Code, sixty cents into the state treasury to the	3358
credit of the homeland security fund established in section	3359
5502.03 of the Revised Code, thirty cents into the state	3360
treasury to the credit of the investigations fund established in	3361
section 5502.131 of the Revised Code, one dollar and twenty-five	3362
cents into the state treasury to the credit of the emergency	3363
management agency service and reimbursement fund established in	3364
section 5502.39 of the Revised Code, and twenty-five cents into	3365
the state treasury to the credit of the justice program services	3366
fund established in section 5502.67 of the Revised Code.	3367

This division does not apply to the list of qualified driver	3368
licensees required to be compiled and filed pursuant to section	3369
2313.06 of the Revised Code.	3370

Sec. 4503.04. Except as provided in ~~section~~sections	3371
4503.042 and 4503.65 of the Revised Code for the registration of	3372
commercial cars, trailers, semitrailers, and certain buses, the	3373
rates of the taxes imposed by section 4503.02 of the Revised Code	3374
shall be as follows:	3375

(A) For motor vehicles having three wheels or less, the	3376
license tax is:	3377

(1) For each motorized bicycle, ten dollars;

3378

(2) For each motorcycle, fourteen dollars.

3379

(B) For each passenger car, twenty dollars;

3380

(C) For each manufactured home, each mobile home, and each	3381
travel trailer, ten dollars;	3382

(D) For each noncommercial motor vehicle designed by the	3383
manufacturer to carry a load of no more than three-quarters of one	3384
ton and for each motor home, thirty-five dollars; for each	3385
noncommercial motor vehicle designed by the manufacturer to carry	3386
a load of more than three-quarters of one ton, but not more than	3387
one ton, seventy dollars;	3388

(E) For each noncommercial trailer, the license tax is:

3389

(1) Eighty-five cents for each one hundred pounds or part	3390
thereof for the first two thousand pounds or part thereof of	3391
weight of vehicle fully equipped;	3392

(2) One dollar and forty cents for each one hundred pounds or	3393
part thereof in excess of two thousand pounds up to and including	3394
three thousand pounds.	3395

(F) Notwithstanding its weight, twelve dollars for any:

3396

(1) Vehicle equipped, owned, and used by a charitable or	3397
nonprofit corporation exclusively for the purpose of administering	3398
chest x-rays or receiving blood donations;	3399

(2) Van used principally for the transportation of	3400
handicapped persons that has been modified by being equipped with	3401
adaptive equipment to facilitate the movement of such persons into	3402
and out of the van;	3403

(3) Bus used principally for the transportation of	3404
handicapped persons or persons sixty-five years of age or older;	3405

(G) Notwithstanding its weight, twenty dollars for any bus	3406
used principally for the transportation of persons in a	3407
ridesharing arrangement.	3408

(H) For each transit bus having motor power the license tax	3409
is twelve dollars.	3410

"Transit bus" means either a motor vehicle having a seating	3411
capacity of more than seven persons which is operated and used by	3412
any person in the rendition of a public mass transportation	3413
service primarily in a municipal corporation or municipal	3414
corporations and provided at least seventy-five per cent of the	3415
annual mileage of such service and use is within such municipal	3416
corporation or municipal corporations or a motor vehicle having a	3417
seating capacity of more than seven persons which is operated	3418
solely for the transportation of persons associated with a	3419
charitable or nonprofit corporation, but does not mean any motor	3420
vehicle having a seating capacity of more than seven persons when	3421
such vehicle is used in a ridesharing capacity or any bus	3422
described by division (F)(3) of this section.	3423

The application for registration of such transit bus shall be	3424
accompanied by an affidavit prescribed by the registrar of motor	3425
vehicles and signed by the person or an agent of the firm or	3426
corporation operating such bus stating that the bus has a seating	3427
capacity of more than seven persons, and that it is either to be	3428
operated and used in the rendition of a public mass transportation	3429
service and that at least seventy-five per cent of the annual	3430
mileage of such operation and use shall be within one or more	3431
municipal corporations or that it is to be operated solely for the	3432
transportation of persons associated with a charitable or	3433
nonprofit corporation.	3434

The form of the license plate, and the manner of its	3435
attachment to the vehicle, shall be prescribed by the registrar of	3436
motor vehicles.	3437

(I) The minimum tax for any vehicle having motor power other	3438
than a farm truck, a motorized bicycle, or motorcycle is ten	3439
dollars and eighty cents, and for each noncommercial trailer, five	3440
dollars.	3441

(J)(1) Except as otherwise provided in division (J) of this	3442
section, for each farm truck, except a noncommercial motor	3443
vehicle, that is owned, controlled, or operated by one or more	3444
farmers exclusively in farm use as defined in this section, and	3445
not for commercial purposes, and provided that at least	3446
seventy-five per cent of such farm use is by or for the one or	3447
more owners, controllers, or operators of the farm in the	3448
operation of which a farm truck is used, the license tax is five	3449
dollars plus:	3450

(a) Fifty cents per one hundred pounds or part thereof for	3451
the first three thousand pounds;	3452

(b) Seventy cents per one hundred pounds or part thereof in	3453
excess of three thousand pounds up to and including four thousand	3454
pounds;	3455

(c) Ninety cents per one hundred pounds or part thereof in	3456
excess of four thousand pounds up to and including six thousand	3457
pounds;	3458

(d) Two dollars for each one hundred pounds or part thereof	3459
in excess of six thousand pounds up to and including ten thousand	3460
pounds;	3461

(e) Two dollars and twenty-five cents for each one hundred	3462
pounds or part thereof in excess of ten thousand pounds;	3463

(f) The minimum license tax for any farm truck shall be	3464
twelve dollars.	3465

(2) The owner of a farm truck may register the truck for a	3466
period of one-half year by paying one-half the registration tax	3467
imposed on the truck under this chapter and one-half the amount of	3468
any tax imposed on the truck under Chapter 4504. of the Revised	3469
Code.	3470

(3) A farm bus may be registered for a period of ninety days	3471
from the date of issue of the license plates for the bus, for a	3472
fee of ten dollars, provided such license plates shall not be	3473
issued for more than any two ninety-day periods in any calendar	3474
year. Such use does not include the operation of trucks by	3475
commercial processors of agricultural products.	3476

(4) License plates for farm trucks and for farm buses shall	3477
have some distinguishing marks, letters, colors, or other	3478
characteristics to be determined by the director of public safety.	3479

(5) Every person registering a farm truck or bus under this	3480
section shall furnish an affidavit certifying that the truck or	3481
bus licensed to that person is to be so used as to meet the	3482
requirements necessary for the farm truck or farm bus	3483
classification.	3484

Any farmer may use a truck owned by the farmer for commercial	3485
purposes by paying the difference between the commercial truck	3486
registration fee and the farm truck registration fee for the	3487
remaining part of the registration period for which the truck is	3488
registered. Such remainder shall be calculated from the beginning	3489
of the semiannual period in which application for such commercial	3490
license is made.	3491

Taxes at the rates provided in this section are in lieu of	3492
all taxes on or with respect to the ownership of such motor	3493
vehicles, except as provided in section 4503.042 and section	3494
4503.06 of the Revised Code.	3495

(K) Other than trucks registered under the international	3496
registration plan in another jurisdiction and for which this state	3497
has received an apportioned registration fee, the license tax for	3498
each truck which is owned, controlled, or operated by a	3499
nonresident, and licensed in another state, and which is used	3500
exclusively for the transportation of nonprocessed agricultural	3501
products intrastate, from the place of production to the place of	3502
processing, is twenty-four dollars.	3503

"Truck," as used in this division, means any pickup truck,	3504
straight truck, semitrailer, or trailer other than a travel	3505
trailer. Nonprocessed agricultural products, as used in this	3506
division, does not include livestock or grain.	3507

A license issued under this division shall be issued for a	3508
period of one hundred thirty days in the same manner in which all	3509
other licenses are issued under this section, provided that no	3510
truck shall be so licensed for more than one	3511
one-hundred-thirty-day period during any calendar year.	3512

The license issued pursuant to this division shall consist of	3513
a windshield decal to be designed by the director of public	3514
safety.	3515

Every person registering a truck under this division shall	3516
furnish an affidavit certifying that the truck licensed to the	3517
person is to be used exclusively for the purposes specified in	3518
this division.	3519

(L) Every person registering a motor vehicle as a	3520
noncommercial motor vehicle as defined in section 4501.01 of the	3521
Revised Code, or registering a trailer as a noncommercial trailer	3522
as defined in that section, shall furnish an affidavit certifying	3523
that the motor vehicle or trailer so licensed to the person is to	3524
be so used as to meet the requirements necessary for the	3525
noncommercial vehicle classification.	3526

(M) Every person registering a van or bus as provided in	3527
divisions (F)(2) and (3) of this section shall furnish a notarized	3528
statement certifying that the van or bus licensed to the person is	3529
to be used for the purposes specified in those divisions. The form	3530
of the license plate issued for such motor vehicles shall be	3531
prescribed by the registrar.	3532

(N) Every person registering as a passenger car a motor	3533
vehicle designed and used for carrying more than nine but not more	3534
than fifteen passengers, and every person registering a bus as	3535
provided in division (G) of this section, shall furnish an	3536
affidavit certifying that the vehicle so licensed to the person is	3537
to be used in a ridesharing arrangement and that the person will	3538
have in effect whenever the vehicle is used in a ridesharing	3539
arrangement a policy of liability insurance with respect to the	3540
motor vehicle in amounts and coverages no less than those required	3541
by section 4509.79 of the Revised Code. The form of the license	3542
plate issued for such a motor vehicle shall be prescribed by the	3543
registrar.	3544

(O) Commencing on October 1, 2009, if an application for	3545
registration renewal is not applied for prior to the expiration	3546
date of the registration or within seven days after that date, the	3547
registrar or deputy registrar shall collect a fee of twenty	3548
dollars for the issuance of the vehicle registration, but may	3549
waive the fee for good cause shown if the application is	3550
accompanied by supporting evidence as the registrar may require.	3551
The fee shall be in addition to all other fees established by	3552
this section. A deputy registrar shall retain fifty cents of the	3553
fee and shall transmit the remaining amount to the registrar at	3554
the time and in the manner provided by section 4503.10 of the	3555
Revised Code. The registrar shall deposit all moneys received	3556
under this division into the state highway safety fund	3557
established in section 4501.06 of the Revised Code.	3558

(P) As used in this section:

3559

(1) "Van" means any motor vehicle having a single rear axle	3560
and an enclosed body without a second seat.	3561

(2) "Handicapped person" means any person who has lost the	3562
use of one or both legs, or one or both arms, or is blind, deaf,	3563
or so severely disabled as to be unable to move about without the	3564
aid of crutches or a wheelchair.	3565

(3) "Farm truck" means a truck used in the transportation	3566
from the farm of products of the farm, including livestock and its	3567
products, poultry and its products, floricultural and	3568
horticultural products, and in the transportation to the farm of	3569
supplies for the farm, including tile, fence, and every other	3570
thing or commodity used in agricultural, floricultural,	3571
horticultural, livestock, and poultry production and livestock,	3572
poultry, and other animals and things used for breeding, feeding,	3573
or other purposes connected with the operation of the farm.	3574

(4) "Farm bus" means a bus used only for the transportation	3575
of agricultural employees and used only in the transportation of	3576
such employees as are necessary in the operation of the farm.	3577

(5) "Farm supplies" includes fuel used exclusively in the	3578
operation of a farm, including one or more homes located on and	3579
used in the operation of one or more farms, and furniture and	3580
other things used in and around such homes.	3581

Sec. 4503.042. The registrar of motor vehicles shall adopt	3582
rules establishing the date, subsequent to this state's entry into	3583
membership in the international registration plan, when the rates	3584
established by this section become operative.	3585

(A) The rates of the taxes imposed by section 4503.02 of the	3586
Revised Code are as follows for commercial cars having a gross	3587
vehicle weight or combined gross vehicle weight of:	3588

(1) Not more than two thousand pounds, forty-five dollars;

3589

(2) More than two thousand but not more than six thousand	3590
pounds, seventy dollars;	3591

(3) More than six thousand but not more than ten thousand	3592
pounds, eighty-five dollars;	3593

(4) More than ten thousand but not more than fourteen	3594
thousand pounds, one hundred five dollars;	3595

(5) More than fourteen thousand but not more than eighteen	3596
thousand pounds, one hundred twenty-five dollars;	3597

(6) More than eighteen thousand but not more than twenty-two	3598
thousand pounds, one hundred fifty dollars;	3599

(7) More than twenty-two thousand but not more than	3600
twenty-six thousand pounds, one hundred seventy-five dollars;	3601

(8) More than twenty-six thousand but not more than thirty	3602
thousand pounds, three hundred fifty-five dollars;	3603

(9) More than thirty thousand but not more than thirty-four	3604
thousand pounds, four hundred twenty dollars;	3605

(10) More than thirty-four thousand but not more than	3606
thirty-eight thousand pounds, four hundred eighty dollars;	3607

(11) More than thirty-eight thousand but not more than	3608
forty-two thousand pounds, five hundred forty dollars;	3609

(12) More than forty-two thousand but not more than forty-six	3610
thousand pounds, six hundred dollars;	3611

(13) More than forty-six thousand but not more than fifty	3612
thousand pounds, six hundred sixty dollars;	3613

(14) More than fifty thousand but not more than fifty-four	3614
thousand pounds, seven hundred twenty-five dollars;	3615

(15) More than fifty-four thousand but not more than	3616
fifty-eight thousand pounds, seven hundred eighty-five dollars;	3617

(16) More than fifty-eight thousand but not more than	3618
sixty-two thousand pounds, eight hundred fifty-five dollars;	3619

(17) More than sixty-two thousand but not more than sixty-six	3620
thousand pounds, nine hundred twenty-five dollars;	3621

(18) More than sixty-six thousand but not more than seventy	3622
thousand pounds, nine hundred ninety-five dollars;	3623

(19) More than seventy thousand but not more than	3624
seventy-four thousand pounds, one thousand eighty dollars;	3625

(20) More than seventy-four thousand but not more than	3626
seventy-eight thousand pounds, one thousand two hundred dollars;	3627

(21) More than seventy-eight thousand pounds, one thousand	3628
three hundred forty dollars.	3629

(B) The rates of the taxes imposed by section 4503.02 of the	3630
Revised Code are as follows for buses having a gross vehicle	3631
weight or combined gross vehicle weight of:	3632

(1) Not more than two thousand pounds, ten dollars;

3633

(2) More than two thousand but not more than six thousand	3634
pounds, forty dollars;	3635

(3) More than six thousand but not more than ten thousand	3636
pounds, one hundred dollars;	3637

(4) More than ten thousand but not more than fourteen	3638
thousand pounds, one hundred eighty dollars;	3639

(5) More than fourteen thousand but not more than eighteen	3640
thousand pounds, two hundred sixty dollars;	3641

(6) More than eighteen thousand but not more than twenty-two	3642
thousand pounds, three hundred forty dollars;	3643

(7) More than twenty-two thousand but not more than	3644
twenty-six thousand pounds, four hundred twenty dollars;	3645

(8) More than twenty-six thousand but not more than thirty	3646
thousand pounds, five hundred dollars;	3647

(9) More than thirty thousand but not more than thirty-four	3648
thousand pounds, five hundred eighty dollars;	3649

(10) More than thirty-four thousand but not more than	3650
thirty-eight thousand pounds, six hundred sixty dollars;	3651

(11) More than thirty-eight thousand but not more than	3652
forty-two thousand pounds, seven hundred forty dollars;	3653

(12) More than forty-two thousand but not more than forty-six	3654
thousand pounds, eight hundred twenty dollars;	3655

(13) More than forty-six thousand but not more than fifty	3656
thousand pounds, nine hundred forty dollars;	3657

(14) More than fifty thousand but not more than fifty-four	3658
thousand pounds, one thousand dollars;	3659

(15) More than fifty-four thousand but not more than	3660
fifty-eight thousand pounds, one thousand ninety dollars;	3661

(16) More than fifty-eight thousand but not more than	3662
sixty-two thousand pounds, one thousand one hundred eighty	3663
dollars;	3664

(17) More than sixty-two thousand but not more than sixty-six	3665
thousand pounds, one thousand two hundred seventy dollars;	3666

(18) More than sixty-six thousand but not more than seventy	3667
thousand pounds, one thousand three hundred sixty dollars;	3668

(19) More than seventy thousand but not more than	3669
seventy-four thousand pounds, one thousand four hundred fifty	3670
dollars;	3671

(20) More than seventy-four thousand but not more than	3672
seventy-eight thousand pounds, one thousand five hundred forty	3673
dollars;	3674

(21) More than seventy-eight thousand pounds, one thousand	3675
six hundred thirty dollars.	3676

(C) In addition to the license taxes imposed at the rates	3677
specified in divisions (A) and (B) of this section, an	3678
administrative fee of three dollars and ~~twenty-five~~fifty cents,	3679
plus an appropriate amount to cover the cost of postage, shall be	3680
collected by the registrar for each international registration	3681
plan license processed by the registrar. ~~If the deputy registrar~~	3682
~~fees are increased on January 1, 2004, in accordance with section~~	3683
~~4503.034 of the Revised Code, the administrative fee collected~~	3684
~~under this section is three dollars and fifty cents, commencing on~~	3685
~~that date, plus postage.~~	3686

(D) The rate of the tax for each trailer and semitrailer is	3687
twenty-five dollars.	3688

(E) Commencing on October 1, 2009, if an application for	3689
registration renewal is not applied for prior to the expiration	3690
date of the registration or within seven days after that date, the	3691
registrar or deputy registrar shall collect a fee of twenty	3692
dollars for the issuance of the vehicle registration, but may	3693
waive the fee for good cause shown if the application is	3694
accompanied by supporting evidence as the registrar may require.	3695
The fee shall be in addition to all other fees established by	3696
this section. A deputy registrar shall retain fifty cents of the	3697
fee and shall transmit the remaining amount to the registrar at	3698
the time and in the manner provided by section 4503.10 of the	3699
Revised Code. The registrar shall deposit all moneys received	3700
under this division into the state highway safety fund	3701
established in section 4501.06 of the Revised Code.	3702

(F) The rates established by this section shall not apply to	3703
any of the following:	3704

(1) Vehicles equipped, owned, and used by a charitable or	3705
nonprofit corporation exclusively for the purpose of administering	3706
chest x-rays or receiving blood donations;	3707

(2) Vans used principally for the transportation of	3708
handicapped persons that have been modified by being equipped with	3709
adaptive equipment to facilitate the movement of such persons into	3710
and out of the vans;	3711

(3) Buses used principally for the transportation of	3712
handicapped persons or persons sixty-five years of age or older;	3713

(4) Buses used principally for the transportation of persons	3714
in a ridesharing arrangement;	3715

(5) Transit buses having motor power;

3716

(6) Noncommercial trailers, mobile homes, or manufactured	3717
homes.	3718

Sec. 4503.07. (A) In lieu of the schedule of rates for	3719
commercial cars fixed in section 4503.04 of the Revised Code, the	3720
fee shall be ten dollars for each church bus used exclusively to	3721
transport members of a church congregation to and from church	3722
services or church functions or to transport children and their	3723
authorized supervisors to and from any camping function sponsored	3724
by a nonprofit, tax-exempt, charitable or philanthropic	3725
organization. A church within the meaning of this section is an	3726
organized religious group, duly constituted with officers and a	3727
board of trustees, regularly holding religious services, and	3728
presided over or administered to by a properly accredited	3729
ecclesiastical officer, whose name and standing is published in	3730
the official publication of the officer's religious group.	3731

(B) Commencing on October 1, 2009, if an application for	3732
registration renewal is not applied for prior to the expiration	3733
date of the registration or within seven days after that date, the	3734
registrar or deputy registrar shall collect a fee of twenty	3735
dollars for the issuance of the vehicle registration, but may	3736
waive the fee for good cause shown if the application is	3737
accompanied by supporting evidence as the registrar may require.	3738
The fee shall be in addition to all other fees established by	3739
this section. A deputy registrar shall retain fifty cents of the	3740
fee and shall transmit the remaining amount to the registrar at	3741
the time and in the manner provided by section 4503.10 of the	3742
Revised Code. The registrar shall deposit all moneys received	3743
under this division into the state highway safety fund	3744
established in section 4501.06 of the Revised Code.	3745

(C) The application for registration of such bus shall be	3746
accompanied by the following, as applicable:	3747

~~(A)~~(1) An affidavit, prescribed by the registrar of motor	3748
vehicles and signed by either the senior pastor, minister, priest,	3749
or rabbi of the church making application or by the head of the	3750
governing body of the church making application, stating that the	3751
bus is to be used exclusively to transport members of a church	3752
congregation to and from church services or church functions or to	3753
transport children and their authorized supervisors to and from	3754
any camping function sponsored by a nonprofit, tax-exempt,	3755
charitable, or philanthropic organization;	3756

~~(B)~~(2) A certificate from the state highway patrol stating	3757
that the bus involved is safe for operation in accordance with	3758
such standards as are prescribed by the state highway patrol if	3759
the bus meets either of the following:	3760

~~(1)~~(a) It originally was designed by the manufacturer to	3761
transport sixteen or more passengers, including the driver;	3762

~~(2)~~(b) It has a gross vehicle weight rating of ten thousand	3763
one pounds or more.	3764

(D) The form of the license plate and the manner of its	3765
attachment to the vehicle shall be prescribed by the registrar.	3766

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	3767
motorcycle, and all-purpose vehicle required to be registered	3768
under section 4519.02 of the Revised Code shall file an	3769
application for registration under section 4519.03 of the Revised	3770
Code. The owner of a motor vehicle, other than a snowmobile,	3771
off-highway motorcycle, or all-purpose vehicle, that is not	3772
designed and constructed by the manufacturer for operation on a	3773
street or highway may not register it under this chapter except	3774
upon certification of inspection pursuant to section 4513.02 of	3775
the Revised Code by the sheriff, or the chief of police of the	3776
municipal corporation or township, with jurisdiction over the	3777
political subdivision in which the owner of the motor vehicle	3778
resides. Except as provided in section 4503.103 of the Revised	3779
Code, every owner of every other motor vehicle not previously	3780
described in this section and every person mentioned as owner in	3781
the last certificate of title of a motor vehicle that is operated	3782
or driven upon the public roads or highways shall cause to be	3783
filed each year, by mail or otherwise, in the office of the	3784
registrar of motor vehicles or a deputy registrar, a written or	3785
electronic application or a preprinted registration renewal notice	3786
issued under section 4503.102 of the Revised Code, the form of	3787
which shall be prescribed by the registrar, for registration for	3788
the following registration year, which shall begin on the first	3789
day of January of every calendar year and end on the thirty-first	3790
day of December in the same year. Applications for registration	3791
and registration renewal notices shall be filed at the times	3792
established by the registrar pursuant to section 4503.101 of the	3793
Revised Code. A motor vehicle owner also may elect to apply for or	3794
renew a motor vehicle registration by electronic means using	3795
electronic signature in accordance with rules adopted by the	3796
registrar. Except as provided in division (J) of this section,	3797
applications for registration shall be made on blanks furnished by	3798
the registrar for that purpose, containing the following	3799
information:	3800

(1) A brief description of the motor vehicle to be	3801
registered, including the year, make, model, and vehicle	3802
identification number, and, in the case of commercial cars, the	3803
gross weight of the vehicle fully equipped computed in the manner	3804
prescribed in section 4503.08 of the Revised Code;	3805

(2) The name and residence address of the owner, and the	3806
township and municipal corporation in which the owner resides;	3807

(3) The district of registration, which shall be determined	3808
as follows:	3809

(a) In case the motor vehicle to be registered is used for	3810
hire or principally in connection with any established business or	3811
branch business, conducted at a particular place, the district of	3812
registration is the municipal corporation in which that place is	3813
located or, if not located in any municipal corporation, the	3814
county and township in which that place is located.	3815

(b) In case the vehicle is not so used, the district of	3816
registration is the municipal corporation or county in which the	3817
owner resides at the time of making the application.	3818

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

3819

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

3820

(6) Whether the fees required to be paid for the registration	3821
or transfer of the motor vehicle, during the preceding	3822
registration year and during the preceding period of the current	3823
registration year, have been paid. Each application for	3824
registration shall be signed by the owner, either manually or by	3825
electronic signature, or pursuant to obtaining a limited power of	3826
attorney authorized by the registrar for registration, or other	3827
document authorizing such signature. If the owner elects to apply	3828
for or renew the motor vehicle registration with the registrar by	3829
electronic means, the owner's manual signature is not required.	3830

(7) The owner's social security number, driver's license	3831
number, or state identification number, or, where a motor vehicle	3832
to be registered is used for hire or principally in connection	3833
with any established business, the owner's federal taxpayer	3834
identification number. The bureau of motor vehicles shall retain	3835
in its records all social security numbers provided under this	3836
section, but the bureau shall not place social security numbers on	3837
motor vehicle certificates of registration.	3838

(B) Except as otherwise provided in this division, each time	3839
an applicant first registers a motor vehicle in the applicant's	3840
name, the applicant shall present for inspection a physical	3841
certificate of title or memorandum certificate showing title to	3842
the motor vehicle to be registered in the name of the applicant if	3843
a physical certificate of title or memorandum certificate has been	3844
issued by a clerk of a court of common pleas. If, under sections	3845
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk	3846
instead has issued an electronic certificate of title for the	3847
applicant's motor vehicle, that certificate may be presented for	3848
inspection at the time of first registration in a manner	3849
prescribed by rules adopted by the registrar. An applicant is not	3850
required to present a certificate of title to an electronic motor	3851
vehicle dealer acting as a limited authority deputy registrar in	3852
accordance with rules adopted by the registrar. When a motor	3853
vehicle inspection and maintenance program is in effect under	3854
section 3704.14 of the Revised Code and rules adopted under it,	3855
each application for registration for a vehicle required to be	3856
inspected under that section and those rules shall be accompanied	3857
by an inspection certificate for the motor vehicle issued in	3858
accordance with that section. The application shall be refused if	3859
any of the following applies:	3860

(1) The application is not in proper form.

3861

(2) The application is prohibited from being accepted by	3862
division (D) of section 2935.27, division (A) of section 2937.221,	3863
division (A) of section 4503.13, division (B) of section 4510.22,	3864
or division (B)(1) of section 4521.10 of the Revised Code.	3865

(3) A certificate of title or memorandum certificate of title	3866
is required but does not accompany the application or, in the case	3867
of an electronic certificate of title, is required but is not	3868
presented in a manner prescribed by the registrar's rules.	3869

(4) All registration and transfer fees for the motor vehicle,	3870
for the preceding year or the preceding period of the current	3871
registration year, have not been paid.	3872

(5) The owner or lessee does not have an inspection	3873
certificate for the motor vehicle as provided in section 3704.14	3874
of the Revised Code, and rules adopted under it, if that section	3875
is applicable.	3876

This section does not require the payment of license or	3877
registration taxes on a motor vehicle for any preceding year, or	3878
for any preceding period of a year, if the motor vehicle was not	3879
taxable for that preceding year or period under sections 4503.02,	3880
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	3881
Revised Code. When a certificate of registration is issued upon	3882
the first registration of a motor vehicle by or on behalf of the	3883
owner, the official issuing the certificate shall indicate the	3884
issuance with a stamp on the certificate of title or memorandum	3885
certificate or, in the case of an electronic certificate of title,	3886
an electronic stamp or other notation as specified in rules	3887
adopted by the registrar, and with a stamp on the inspection	3888
certificate for the motor vehicle, if any. The official also shall	3889
indicate, by a stamp or by other means the registrar prescribes,	3890
on the registration certificate issued upon the first registration	3891
of a motor vehicle by or on behalf of the owner the odometer	3892
reading of the motor vehicle as shown in the odometer statement	3893
included in or attached to the certificate of title. Upon each	3894
subsequent registration of the motor vehicle by or on behalf of	3895
the same owner, the official also shall so indicate the odometer	3896
reading of the motor vehicle as shown on the immediately preceding	3897
certificate of registration.	3898

The registrar shall include in the permanent registration	3899
record of any vehicle required to be inspected under section	3900
3704.14 of the Revised Code the inspection certificate number from	3901
the inspection certificate that is presented at the time of	3902
registration of the vehicle as required under this division.	3903

(C)(1) ~~Commencing with~~Except as otherwise provided in	3904
division (C)(1) of this section, for each registration renewal	3905
with an expiration date on or after October 1, 2003, and for	3906
each initial application for registration received on and after	3907
that date, the registrar and each deputy registrar shall collect	3908
an additional fee of eleven dollars for each application for	3909
registration and registration renewal received. For vehicles	3910
specified in divisions (A)(1) to (21) of section 4503.042 of the	3911
Revised Code, commencing with each registration renewal with an	3912
expiration date on or after October 1, 2009, and for each	3913
initial application received on or after that date, the	3914
registrar and deputy registrar shall collect an additional fee of	3915
thirty dollars for each application for registration and	3916
registration renewal received. The additional fee is for the	3917
purpose of defraying the department of public safety's costs	3918
associated with the administration and enforcement of the motor	3919
vehicle and traffic laws of Ohio. Each deputy registrar shall	3920
transmit the fees collected under division (C)(1) of this section	3921
in the time and manner provided in this section. The registrar	3922
shall deposit all moneys received under division (C)(1) of this	3923
section into the state highway safety fund established in section	3924
4501.06 of the Revised Code.	3925

(2) In addition, a charge of twenty-five cents shall be made	3926
for each reflectorized safety license plate issued, and a single	3927
charge of twenty-five cents shall be made for each county	3928
identification sticker or each set of county identification	3929
stickers issued, as the case may be, to cover the cost of	3930
producing the license plates and stickers, including material,	3931
manufacturing, and administrative costs. Those fees shall be in	3932
addition to the license tax. If the total cost of producing the	3933
plates is less than twenty-five cents per plate, or if the total	3934
cost of producing the stickers is less than twenty-five cents per	3935
sticker or per set issued, any excess moneys accruing from the	3936
fees shall be distributed in the same manner as provided by	3937
section 4501.04 of the Revised Code for the distribution of	3938
license tax moneys. If the total cost of producing the plates	3939
exceeds twenty-five cents per plate, or if the total cost of	3940
producing the stickers exceeds twenty-five cents per sticker or	3941
per set issued, the difference shall be paid from the license tax	3942
moneys collected pursuant to section 4503.02 of the Revised Code.	3943

(D) Each deputy registrar shall be allowed a fee of ~~two~~	3944
~~dollars and seventy-five cents commencing on July 1, 2001, three~~	3945
~~dollars and twenty-five cents commencing on January 1, 2003, and~~	3946
three dollars and fifty cents ~~commencing on January 1, 2004,~~ for	3947
each application for registration and registration renewal notice	3948
the deputy registrar receives, which shall be for the purpose of	3949
compensating the deputy registrar for the deputy registrar's	3950
services, and such office and rental expenses, as may be necessary	3951
for the proper discharge of the deputy registrar's duties in the	3952
receiving of applications and renewal notices and the issuing of	3953
registrations.	3954

(E) Upon the certification of the registrar, the county	3955
sheriff or local police officials shall recover license plates	3956
erroneously or fraudulently issued.	3957

(F) Each deputy registrar, upon receipt of any application	3958
for registration or registration renewal notice, together with the	3959
license fee and any local motor vehicle license tax levied	3960
pursuant to Chapter 4504. of the Revised Code, shall transmit that	3961
fee and tax, if any, in the manner provided in this section,	3962
together with the original and duplicate copy of the application,	3963
to the registrar. The registrar, subject to the approval of the	3964
director of public safety, may deposit the funds collected by	3965
those deputies in a local bank or depository to the credit of the	3966
"state of Ohio, bureau of motor vehicles." Where a local bank or	3967
depository has been designated by the registrar, each deputy	3968
registrar shall deposit all moneys collected by the deputy	3969
registrar into that bank or depository not more than one business	3970
day after their collection and shall make reports to the registrar	3971
of the amounts so deposited, together with any other information,	3972
some of which may be prescribed by the treasurer of state, as the	3973
registrar may require and as prescribed by the registrar by rule.	3974
The registrar, within three days after receipt of notification of	3975
the deposit of funds by a deputy registrar in a local bank or	3976
depository, shall draw on that account in favor of the treasurer	3977
of state. The registrar, subject to the approval of the director	3978
and the treasurer of state, may make reasonable rules necessary	3979
for the prompt transmittal of fees and for safeguarding the	3980
interests of the state and of counties, townships, municipal	3981
corporations, and transportation improvement districts levying	3982
local motor vehicle license taxes. The registrar may pay service	3983
charges usually collected by banks and depositories for such	3984
service. If deputy registrars are located in communities where	3985
banking facilities are not available, they shall transmit the fees	3986
forthwith, by money order or otherwise, as the registrar, by rule	3987
approved by the director and the treasurer of state, may	3988
prescribe. The registrar may pay the usual and customary fees for	3989
such service.	3990

(G) This section does not prevent any person from making an	3991
application for a motor vehicle license directly to the registrar	3992
by mail, by electronic means, or in person at any of the	3993
registrar's offices, upon payment of a service fee of ~~two dollars~~	3994
~~and seventy-five cents commencing on July 1, 2001, three dollars~~	3995
~~and twenty-five cents commencing on January 1, 2003, and~~ three	3996
dollars and fifty cents ~~commencing on January 1, 2004,~~ for each	3997
application.	3998

(H) No person shall make a false statement as to the district	3999
of registration in an application required by division (A) of this	4000
section. Violation of this division is falsification under section	4001
2921.13 of the Revised Code and punishable as specified in that	4002
section.	4003

(I)(1) Where applicable, the requirements of division (B) of	4004
this section relating to the presentation of an inspection	4005
certificate issued under section 3704.14 of the Revised Code and	4006
rules adopted under it for a motor vehicle, the refusal of a	4007
license for failure to present an inspection certificate, and the	4008
stamping of the inspection certificate by the official issuing the	4009
certificate of registration apply to the registration of and	4010
issuance of license plates for a motor vehicle under sections	4011
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	4012
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	4013
4503.47, and 4503.51 of the Revised Code.	4014

(2)(a) The registrar shall adopt rules ensuring that each	4015
owner registering a motor vehicle in a county where a motor	4016
vehicle inspection and maintenance program is in effect under	4017
section 3704.14 of the Revised Code and rules adopted under it	4018
receives information about the requirements established in that	4019
section and those rules and about the need in those counties to	4020
present an inspection certificate with an application for	4021
registration or preregistration.	4022

(b) Upon request, the registrar shall provide the director of	4023
environmental protection, or any person that has been awarded a	4024
contract under division (D) of section 3704.14 of the Revised	4025
Code, an on-line computer data link to registration information	4026
for all passenger cars, noncommercial motor vehicles, and	4027
commercial cars that are subject to that section. The registrar	4028
also shall provide to the director of environmental protection a	4029
magnetic data tape containing registration information regarding	4030
passenger cars, noncommercial motor vehicles, and commercial cars	4031
for which a multi-year registration is in effect under section	4032
4503.103 of the Revised Code or rules adopted under it, including,	4033
without limitation, the date of issuance of the multi-year	4034
registration, the registration deadline established under rules	4035
adopted under section 4503.101 of the Revised Code that was	4036
applicable in the year in which the multi-year registration was	4037
issued, and the registration deadline for renewal of the	4038
multi-year registration.	4039

(J) Application for registration under the international	4040
registration plan, as set forth in sections 4503.60 to 4503.66 of	4041
the Revised Code, shall be made to the registrar on forms	4042
furnished by the registrar. In accordance with international	4043
registration plan guidelines and pursuant to rules adopted by the	4044
registrar, the forms shall include the following:	4045

(1) A uniform mileage schedule;

4046

(2) The gross vehicle weight of the vehicle or combined gross	4047
vehicle weight of the combination vehicle as declared by the	4048
registrant;	4049

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

4050

Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles	4051
may adopt rules to permit any person or lessee, other than a	4052
person receiving an apportioned license plate under the	4053
international registration plan, who owns or leases one or more	4054
motor vehicles to file a written application for registration for	4055
no more than five succeeding registration years. The rules adopted	4056
by the registrar may designate the classes of motor vehicles that	4057
are eligible for such registration. At the time of application,	4058
all annual taxes and fees shall be paid for each year for which	4059
the person is registering.	4060

(ii) ~~The~~Not later than October 1, 2009, the registrar shall	4061
adopt rules to permit any person or lessee who owns or leases two	4062
or more trailers or semitrailers that are subject to the tax rates	4063
prescribed in section 4503.042 of the Revised Code for such	4064
trailers or semitrailers to file a written application for	4065
registration for not more than five succeeding registration years.	4066
At the time of application, all annual taxes and fees shall be	4067
paid for each year for which the person is registering.	4068

(b)(i) Except as provided in division (A)(1)(b)(ii) of this	4069
section, the registrar shall adopt rules to permit any person who	4070
owns a motor vehicle to file an application for registration for	4071
the next two succeeding registration years. At the time of	4072
application, the person shall pay the annual taxes and fees for	4073
each registration year, calculated in accordance with division (C)	4074
of section 4503.11 of the Revised Code. A person who is	4075
registering a vehicle under division (A)(1)(b) of this section	4076
shall pay for each year of registration the additional fee	4077
established under division (C)(1) of section 4503.10 of the	4078
Revised Code. The person shall also pay one and one-half times the	4079
amount of the deputy registrar service fee specified in division	4080
(D) of section 4503.10 of the Revised Code or the bureau of motor	4081
vehicles service fee specified in division (G) of that section, as	4082
applicable.	4083

(ii) Division (A)(1)(b)(i) of this section does not apply to	4084
a person receiving an apportioned license plate under the	4085
international registration plan, or the owner of a commercial car	4086
used solely in intrastate commerce, or the owner of a bus as	4087
defined in section 4513.50 of the Revised Code.	4088

(2) No person applying for a multi-year registration under	4089
division (A)(1) of this section is entitled to a refund of any	4090
taxes or fees paid.	4091

(3) The registrar shall not issue to any applicant who has	4092
been issued a final, nonappealable order under division (B) of	4093
this section a multi-year registration or renewal thereof under	4094
this division or rules adopted under it for any motor vehicle that	4095
is required to be inspected under section 3704.14 of the Revised	4096
Code the district of registration of which, as determined under	4097
section 4503.10 of the Revised Code, is or is located in the	4098
county named in the order.	4099

(B) Upon receipt from the director of environmental	4100
protection of a notice issued under rules adopted under section	4101
3704.14 of the Revised Code indicating that an owner of a motor	4102
vehicle that is required to be inspected under that section who	4103
obtained a multi-year registration for the vehicle under division	4104
(A) of this section or rules adopted under that division has not	4105
obtained a required inspection certificate for the vehicle, the	4106
registrar in accordance with Chapter 119. of the Revised Code	4107
shall issue an order to the owner impounding the certificate of	4108
registration and identification license plates for the vehicle.	4109
The order also shall prohibit the owner from obtaining or renewing	4110
a multi-year registration for any vehicle that is required to be	4111
inspected under that section, the district of registration of	4112
which is or is located in the same county as the county named in	4113
the order during the number of years after expiration of the	4114
current multi-year registration that equals the number of years	4115
for which the current multi-year registration was issued.	4116

An order issued under this division shall require the owner	4117
to surrender to the registrar the certificate of registration and	4118
license plates for the vehicle named in the order within five days	4119
after its issuance. If the owner fails to do so within that time,	4120
the registrar shall certify that fact to the county sheriff or	4121
local police officials who shall recover the certificate of	4122
registration and license plates for the vehicle.	4123

(C) Upon the occurrence of either of the following	4124
circumstances, the registrar in accordance with Chapter 119. of	4125
the Revised Code shall issue to the owner a modified order	4126
rescinding the provisions of the order issued under division (B)	4127
of this section impounding the certificate of registration and	4128
license plates for the vehicle named in that original order:	4129

(1) Receipt from the director of environmental protection of	4130
a subsequent notice under rules adopted under section 3704.14 of	4131
the Revised Code that the owner has obtained the inspection	4132
certificate for the vehicle as required under those rules;	4133

(2) Presentation to the registrar by the owner of the	4134
required inspection certificate for the vehicle.	4135

(D) The owner of a motor vehicle for which the certificate of	4136
registration and license plates have been impounded pursuant to an	4137
order issued under division (B) of this section, upon issuance of	4138
a modified order under division (C) of this section, may apply to	4139
the registrar for their return. A fee of two dollars and fifty	4140
cents shall be charged for the return of the certificate of	4141
registration and license plates for each vehicle named in the	4142
application.	4143

Sec. 4503.182. (A) A purchaser of a motor vehicle, upon	4144
application and proof of purchase of the vehicle, may be issued a	4145
temporary license placard or windshield sticker for the motor	4146
vehicle.	4147

The purchaser of a vehicle applying for a temporary license	4148
placard or windshield sticker under this section shall execute an	4149
affidavit stating that the purchaser has not been issued	4150
previously during the current registration year a license plate	4151
that could legally be transferred to the vehicle.	4152

Placards or windshield stickers shall be issued only for the	4153
applicant's use of the vehicle to enable the applicant to legally	4154
operate the motor vehicle while proper title, license plates, and	4155
a certificate of registration are being obtained, and shall be	4156
displayed on no other motor vehicle.	4157

Placards or windshield stickers issued under this section are	4158
valid for a period of thirty days from date of issuance and are	4159
not transferable or renewable.	4160

The fee for the placards or windshield stickers issued under	4161
this section is two dollars plus a service fee of ~~two dollars and~~	4162
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	4163
~~twenty-five cents commencing on January 1, 2003, and~~ three dollars	4164
and fifty cents ~~commencing on January 1, 2004~~.	4165

(B)(1) The registrar of motor vehicles may issue to a	4166
motorized bicycle dealer or a licensed motor vehicle dealer	4167
temporary license placards to be issued to purchasers for use on	4168
vehicles sold by the dealer, in accordance with rules prescribed	4169
by the registrar. The dealer shall notify the registrar, within	4170
forty-eight hours, of the issuance of a placard by electronic	4171
means via computer equipment purchased and maintained by the	4172
dealer or in any other manner prescribed by the registrar.	4173

(2) The fee for each placard issued by the registrar to a	4174
dealer is ~~seven~~fifteen dollars, of which ~~five~~thirteen dollars	4175
shall be deposited and used in accordance with division (D) of	4176
this section. The registrar shall charge an additional three	4177
dollars and fifty cents for each placard issued to a dealer who	4178
notifies the registrar of the issuance of the placards in a	4179
manner other than by approved electronic means.	4180

(3) When a dealer issues a temporary license placard to a	4181
purchaser, the dealer shall collect and retain the fees	4182
established under divisions (A) and (D) of this section.	4183

(C) The registrar of motor vehicles, at the registrar's	4184
discretion, may issue a temporary license placard. Such a placard	4185
may be issued in the case of extreme hardship encountered by a	4186
citizen from this state or another state who has attempted to	4187
comply with all registration laws, but for extreme circumstances	4188
is unable to properly register the citizen's vehicle.	4189

(D) In addition to the fees charged under divisions (A) and	4190
(B) of this section, commencing on October 1, 2003, the registrar	4191
and each deputy registrar shall collect a fee of five dollars and	4192
commencing on October 1, 2009, a fee of thirteen dollars, for each	4193
temporary license placard issued. The additional fee is for the	4194
purpose of defraying the department of public safety's costs	4195
associated with the administration and enforcement of the motor	4196
vehicle and traffic laws of Ohio. Each deputy registrar shall	4197
transmit the fees collected under this division in the same manner	4198
as provided for transmission of fees collected under division (A)	4199
of this section. The registrar shall deposit all moneys received	4200
under this division into the state highway safety fund established	4201
in section 4501.06 of the Revised Code.	4202

(E) The registrar shall adopt rules, in accordance with	4203
division (B) of section 111.15 of the Revised Code, to specify the	4204
procedures for reporting the information from applications for	4205
temporary license placards and windshield stickers and for	4206
providing the information from these applications to law	4207
enforcement agencies.	4208

(F) Temporary license placards issued under this section	4209
shall bear a distinctive combination of seven letters, numerals,	4210
or letters and numerals, and shall incorporate a security feature	4211
that, to the greatest degree possible, prevents tampering with any	4212
of the information that is entered upon a placard when it is	4213
issued.	4214

(G) Whoever violates division (A) of this section is guilty	4215
of a misdemeanor of the fourth degree. Whoever violates division	4216
(B) of this section is guilty of a misdemeanor of the first	4217
degree.	4218

(H) As used in this section, "motorized bicycle dealer" means	4219
any person engaged in the business of selling at retail,	4220
displaying, offering for sale, or dealing in motorized bicycles	4221
who is not subject to section 4503.09 of the Revised Code.	4222

Sec. 4503.19. (A) Upon the filing of an application for	4223
registration and the payment of the tax for registration, the	4224
registrar of motor vehicles or a deputy registrar shall determine	4225
whether the owner previously has been issued license plates for	4226
the motor vehicle described in the application. If no license	4227
plates previously have been issued to the owner for that motor	4228
vehicle, the registrar or deputy registrar shall assign to the	4229
motor vehicle a distinctive number and issue and deliver to the	4230
owner in the manner that the registrar may select a certificate of	4231
registration, in the form that the registrar shall prescribe, and,	4232
except as otherwise provided in this section, two license plates,	4233
duplicates of each other, and a validation sticker, or a	4234
validation sticker alone, to be attached to the number plates as	4235
provided in section 4503.191 of the Revised Code. The registrar or	4236
deputy registrar also shall charge the owner any fees required	4237
under division (C) of section 4503.10 of the Revised Code.	4238
Trailers, manufactured homes, mobile homes, semitrailers, the	4239
manufacturer thereof, the dealer, or in transit companies therein,	4240
shall be issued one license plate only and one validation sticker,	4241
or a validation sticker alone, and the license plate and	4242
validation sticker shall be displayed only on the rear of such	4243
vehicles. A commercial tractor that does not receive an	4244
apportioned license plate under the international registration	4245
plan shall be issued two license plates and one validation	4246
sticker, and the validation sticker shall be displayed on the	4247
front of the commercial tractor. An apportioned vehicle receiving	4248
an apportioned license plate under the international registration	4249
plan shall be issued one license plate only and one validation	4250
sticker, or a validation sticker alone; the license plate shall be	4251
displayed only on the front of a semitractor and on the rear of	4252
all other vehicles. School buses shall not be issued license	4253
plates but shall bear identifying numbers in the manner prescribed	4254
by section 4511.764 of the Revised Code. The certificate of	4255
registration and license plates and validation stickers, or	4256
validation stickers alone, shall be issued and delivered to the	4257
owner in person or by mail. Chauffeured limousines shall be issued	4258
license plates, a validation sticker, and a livery sticker as	4259
provided in section 4503.24 of the Revised Code. In the event of	4260
the loss, mutilation, or destruction of any certificate of	4261
registration, or of any license plates or validation stickers, or	4262
if the owner chooses to replace license plates previously issued	4263
for a motor vehicle, or if the registration certificate and	4264
license plates have been impounded as provided by division (B)(1)	4265
of section 4507.02 and section 4507.16 of the Revised Code, the	4266
owner of a motor vehicle, or manufacturer or dealer, may obtain	4267
from the registrar, or from a deputy registrar if authorized by	4268
the registrar, a duplicate thereof or new license plates bearing a	4269
different number, if the registrar considers it advisable, upon	4270
filing an application prescribed by the registrar, and upon paying	4271
a fee of one dollar for such certificate of registration, a fee of	4272
~~two~~seven dollars and fifty cents for each set of two license	4273
plates, or ~~one dollar~~six dollars and fifty cents for each single	4274
license plate or validation sticker. In addition, each applicant	4275
for a replacement certificate of registration, license plate, or	4276
validation sticker shall pay the fees provided in divisions (C)	4277
and (D) of section 4503.10 of the Revised Code.	4278

The registrar shall pay five dollars and fifty cents of the	4279
fee collected for each license plate or set of license plates	4280
issued into the state highway safety fund created in section	4281
4501.06 of the Revised Code.	4282

Additionally, the registrar and each deputy registrar who	4283
either issues license plates and a validation sticker for use on	4284
any vehicle other than a commercial tractor, semitrailer, or	4285
apportioned vehicle, or who issues a validation sticker alone for	4286
use on such a vehicle and the owner has changed the owner's county	4287
of residence since the owner last was issued county identification	4288
stickers, also shall issue and deliver to the owner either one or	4289
two county identification stickers, as appropriate, which shall be	4290
attached to the license plates in a manner prescribed by the	4291
director of public safety. The county identification stickers	4292
shall identify prominently by name or number the county in which	4293
the owner of the vehicle resides at the time of registration.	4294

(B) Whoever violates this section is guilty of a minor	4295
misdemeanor.	4296

Sec. 4503.191. (A)(1) The identification license plate	4297
shall be issued for a multi-year period as determined by the	4298
director of public safety, and shall be accompanied by a	4299
validation sticker, to be attached to the license plate. ~~The~~	4300
Except as provided in division (A)(2) of this section, the	4301
validation sticker shall indicate the expiration of the	4302
registration period to which the motor vehicle for which the	4303
license plate is issued is assigned, in accordance with rules	4304
adopted by the registrar of motor vehicles. During each succeeding	4305
year of the multi-year period following the issuance of the plate	4306
and validation sticker, upon the filing of an application for	4307
registration and the payment of the tax therefor, a validation	4308
sticker alone shall be issued. The validation stickers required	4309
under this section shall be of different colors or shades each	4310
year, the new colors or shades to be selected by the director.	4311

(2) Not later than October 1, 2009, the director shall	4312
develop a universal validation sticker that may be issued to any	4313
owner of two hundred fifty or more passenger vehicles, so that a	4314
sticker issued to the owner may be placed on any passenger	4315
vehicle in that owner's fleet. The director may establish and	4316
charge an additional fee of not more than one dollar per	4317
registration to compensate for necessary costs of the universal	4318
validation sticker program. The additional fee shall be credited	4319
to the state bureau of motor vehicles fund created in section	4320
4501.25 of the Revised Code.	4321

(B) Identification license plates shall be produced by Ohio	4322
penal industries. Validation stickers and county identification	4323
stickers shall be produced by Ohio penal industries unless the	4324
registrar adopts rules that permit the registrar or deputy	4325
registrars to print or otherwise produce them in house.	4326

Sec. 4503.26. (A) As used in this section, "registration	4327
information" means information in license plate applications on	4328
file with the bureau of motor vehicles.	4329

(B) The director of public safety may advertise for and	4330
accept sealed bids for the preparation of lists containing	4331
registration information in such form as the director authorizes.	4332
Where the expenditure is more than five hundred dollars, the	4333
director shall give notice to bidders as provided in section	4334
5513.01 of the Revised Code as for purchases by the department of	4335
transportation. The notice shall include the latest date, as	4336
determined by the director, on which bids will be accepted and the	4337
date, also determined by the director, on which bids will be	4338
opened by the director at the central office of the department of	4339
public safety. The contract to prepare the list shall be awarded	4340
to the lowest responsive and responsible bidder, in accordance	4341
with section 9.312 of the Revised Code, provided there is	4342
compliance with the specifications. Such contract shall not extend	4343
beyond twenty-four consecutive registration periods as provided in	4344
section 4503.101 of the Revised Code. The successful bidder shall	4345
furnish without charge a complete list to the bureau of motor	4346
vehicles, and shall also furnish without charge to the county	4347
sheriffs or chiefs of police in cities, at such times and in such	4348
manner as the director determines necessary, lists of registration	4349
information for the county in which they are situated. The	4350
registrar shall provide to the successful bidder all necessary	4351
information for the preparation of such lists.	4352

The registrar ~~may~~, upon application of any person and payment	4353
of the proper fee, may search the records of the bureau and ~~make~~	4354
furnish reports ~~thereof, and make photographic copies~~ of ~~the~~	4355
~~bureau~~those records ~~and attestations thereof~~under the signature	4356
of the registrar.	4357

~~Fees therefor are as follows:~~

4358

~~(A) For searches~~(C) A fee of five dollars shall be charged	4359
and collected for each search of the records and ~~written reports~~	4360
~~thereof, two dollars for each name, number, or fact searched or~~	4361
~~reported on;~~	4362

~~(B) For photographic copies of records and attestations~~	4363
~~thereof,~~report of those records furnished under the signature and	4364
seal of the registrar~~, two dollars a copy~~. ~~Such~~A copy of any such	4365
report is prima-facie evidence of the facts therein stated, in any	4366
court.	4367

The registrar shall receive these fees and deposit ~~them~~two	4368
dollars of each such fee into the state treasury to the credit of	4369
the state bureau of motor vehicles fund established in section	4370
4501.25 of the Revised Code. Of the remaining three dollars of	4371
each such fee the registrar collects, the registrar shall	4372
deposit sixty cents into the state treasury to the credit of the	4373
trauma and emergency medical services fund established in	4374
section 4513.263 of the Revised Code, sixty cents into the state	4375
treasury to the credit of the homeland security fund established	4376
under section 5502.03 of the Revised Code, thirty cents into the	4377
state treasury to the credit of the investigations fund	4378
established in section 5502.131 of the Revised Code, one dollar	4379
and twenty-five cents into the state treasury to the credit of	4380
the emergency management agency service and reimbursement fund	4381
established in section 5502.39 of the Revised Code, and	4382
twenty-five cents into the state treasury to the credit of the	4383
justice program services fund established in section 5502.67 of	4384
the Revised Code.	4385

Sec. 4503.40. The registrar of motor vehicles shall be	4386
allowed a fee~~, not to exceed ten~~of twenty-five dollars, for each	4387
application received by the registrar for special state reserved	4388
license plate numbers and the issuing of such licenses, and	4389
validation stickers, in the several series as the registrar may	4390
designate. The fee shall be in addition to the license tax	4391
established by this chapter and, where applicable, Chapter 4504.	4392
of the Revised Code. Seven dollars and fifty cents of the fee	4393
shall be for the purpose of compensating the bureau of motor	4394
vehicles for additional services required in the issuing of such	4395
licenses, and the remaining ~~two~~seventeen dollars and fifty cents	4396
shall be deposited by the registrar into the state treasury to the	4397
credit of the state highway safety fund created by section 4501.06	4398
of the Revised Code. The types of motor vehicles for which special	4399
state reserved license plates may be issued in accordance with	4400
this section shall include at least motorcycles, buses, passenger	4401
cars, and noncommercial motor vehicles.	4402

Sec. 4503.42. The registrar of motor vehicles shall be	4403
allowed a fee of ~~not to exceed thirty-five~~fifty dollars, which	4404
shall be in addition to the regular license fee for tags as	4405
prescribed under section 4503.04 of the Revised Code and any tax	4406
levied under section 4504.02 or 4504.06 of the Revised Code, for	4407
each application received by the registrar for special reserved	4408
license plate numbers containing more than three letters or	4409
numerals, and the issuing of such licenses and validation stickers	4410
in the several series as the registrar may designate. Five dollars	4411
of the fee shall be for the purpose of compensating the bureau of	4412
motor vehicles for additional services required in the issuing of	4413
such licenses and validation stickers, and the remaining ~~thirty~~	4414
forty-five dollars shall be deposited by the registrar into the	4415
state treasury to the credit of the state highway safety fund	4416
created by section 4501.06 of the Revised Code.	4417

This section does not apply to the issuance of reserved	4418
license plates as authorized by sections 4503.14, 4503.15, and	4419
4503.40 of the Revised Code. The types of motor vehicles for which	4420
license plate numbers containing more than three letters or	4421
numerals may be issued in accordance with this section shall	4422
include at least buses, passenger cars, and noncommercial motor	4423
vehicles.	4424

Sec. 4503.65. The registrar of motor vehicles shall take all	4425
steps necessary to determine and collect~~, at the tax rates~~	4426
~~established under section 4503.042 of the Revised Code,~~ the	4427
apportioned registration tax due for vehicles registered in	4428
another international registration plan jurisdiction that lists	4429
Ohio for apportionment purposes on a uniform mileage schedule. The	4430
registration taxes to be charged shall be determined on the basis	4431
of the annual tax otherwise due on the motor vehicle, prorated in	4432
accordance with the number of months for which the motor vehicle	4433
is registered. Until October 1, 2009, such vehicles shall be taxed	4434
at the rates established under section 4503.042 of the Revised	4435
Code. The rates in this section become effective on and after	4436
October 1, 2009.	4437

(A) The rates of the taxes imposed by this section are as	4438
follows for commercial cars having a gross vehicle weight or	4439
combined gross vehicle weight of:	4440

(1) Not more than two thousand pounds, forty-seven dollars;

4441

(2) More than two thousand but not more than six thousand	4442
pounds, seventy-two dollars;	4443

(3) More than six thousand but not more than ten thousand	4444
pounds, eighty-eight dollars;	4445

(4) More than ten thousand but not more than fourteen	4446
thousand pounds, one hundred eight dollars;	4447

(5) More than fourteen thousand but not more than eighteen	4448
thousand pounds, one hundred twenty-nine dollars;	4449

(6) More than eighteen thousand but not more than twenty-two	4450
thousand pounds, one hundred fifty-four dollars;	4451

(7) More than twenty-two thousand but not more than	4452
twenty-six thousand pounds, one hundred eighty dollars;	4453

(8) More than twenty-six thousand but not more than thirty	4454
thousand pounds, three hundred sixty-four dollars;	4455

(9) More than thirty thousand but not more than thirty-four	4456
thousand pounds, four hundred thirty-one dollars;	4457

(10) More than thirty-four thousand but not more than	4458
thirty-eight thousand pounds, four hundred ninety-two dollars;	4459

(11) More than thirty-eight thousand but not more than	4460
forty-two thousand pounds, five hundred fifty-four dollars;	4461

(12) More than forty-two thousand but not more than forty-six	4462
thousand pounds, six hundred fifteen dollars;	4463

(13) More than forty-six thousand but not more than fifty	4464
thousand pounds, six hundred seventy-seven dollars;	4465

(14) More than fifty thousand but not more than fifty-four	4466
thousand pounds, seven hundred forty-four dollars;	4467

(15) More than fifty-four thousand but not more than	4468
fifty-eight thousand pounds, eight hundred five dollars;	4469

(16) More than fifty-eight thousand but not more than	4470
sixty-two thousand pounds, eight hundred seventy-seven dollars;	4471

(17) More than sixty-two thousand but not more than sixty-six	4472
thousand pounds, nine hundred forty-nine dollars;	4473

(18) More than sixty-six thousand but not more than seventy	4474
thousand pounds, one thousand twenty dollars;	4475

(19) More than seventy thousand but not more than	4476
seventy-four thousand pounds, one thousand one hundred seven	4477
dollars;	4478

(20) More than seventy-four thousand but not more than	4479
seventy-eight thousand pounds, one thousand two hundred thirty	4480
dollars;	4481

(21) More than seventy-eight thousand pounds, one thousand	4482
three hundred seventy-three dollars and fifty cents.	4483

(B) The rates of the taxes imposed by this section are as	4484
follows for buses having a gross vehicle weight or combined gross	4485
vehicle weight of:	4486

(1) Not more than two thousand pounds, eleven dollars;

4487

(2) More than two thousand but not more than six thousand	4488
pounds, forty-one dollars;	4489

(3) More than six thousand but not more than ten thousand	4490
pounds, one hundred three dollars;	4491

(4) More than ten thousand but not more than fourteen	4492
thousand pounds, one hundred eighty-five dollars;	4493

(5) More than fourteen thousand but not more than eighteen	4494
thousand pounds, two hundred sixty-seven dollars;	4495

(6) More than eighteen thousand but not more than twenty-two	4496
thousand pounds, three hundred forty-nine dollars;	4497

(7) More than twenty-two thousand but not more than	4498
twenty-six thousand pounds, four hundred thirty-one dollars;	4499

(8) More than twenty-six thousand but not more than thirty	4500
thousand pounds, five hundred thirteen dollars;	4501

(9) More than thirty thousand but not more than thirty-four	4502
thousand pounds, five hundred ninety-four dollars and fifty cents;	4503

(10) More than thirty-four thousand but not more than	4504
thirty-eight thousand pounds, six hundred seventy-four dollars and	4505
fifty cents;	4506

(11) More than thirty-eight thousand but not more than	4507
forty-two thousand pounds, seven hundred fifty-four dollars and	4508
fifty cents;	4509

(12) More than forty-two thousand but not more than forty-six	4510
thousand pounds, eight hundred thirty-four dollars and fifty	4511
cents;	4512

(13) More than forty-six thousand but not more than fifty	4513
thousand pounds, nine hundred fifty-four dollars and fifty cents;	4514

(14) More than fifty thousand but not more than fifty-four	4515
thousand pounds, one thousand fourteen dollars and fifty cents;	4516

(15) More than fifty-four thousand but not more than	4517
fifty-eight thousand pounds, one thousand one hundred four dollars	4518
and fifty cents;	4519

(16) More than fifty-eight thousand but not more than	4520
sixty-two thousand pounds, one thousand one hundred ninety-four	4521
dollars and fifty cents;	4522

(17) More than sixty-two thousand but not more than sixty-six	4523
thousand pounds, one thousand two hundred eighty-four dollars and	4524
fifty cents;	4525

(18) More than sixty-six thousand but not more than seventy	4526
thousand pounds, one thousand three hundred seventy-four dollars	4527
and fifty cents;	4528

(19) More than seventy thousand but not more than	4529
seventy-four thousand pounds, one thousand four hundred sixty-four	4530
dollars and fifty cents;	4531

(20) More than seventy-four thousand but not more than	4532
seventy-eight thousand pounds, one thousand five hundred	4533
fifty-four dollars and fifty cents;	4534

(21) More than seventy-eight thousand pounds, one thousand	4535
six hundred forty-four dollars and fifty cents.	4536

Sec. 4505.032. (A)(1) If a person who is not an electronic	4537
motor vehicle dealer owns a motor vehicle for which a physical	4538
certificate of title has not been issued by a clerk of a court of	4539
common pleas and the person sells the motor vehicle to a motor	4540
vehicle dealer licensed under Chapter 4517. of the Revised Code,	4541
the person is not required to obtain a physical certificate of	4542
title to the motor vehicle in order to transfer ownership to the	4543
dealer. The person shall present the dealer, in a manner approved	4544
by the registrar of motor vehicles, with sufficient proof of the	4545
person's identity and complete and sign a form prescribed by the	4546
registrar attesting to the person's identity and assigning the	4547
motor vehicle to the dealer. Except as otherwise provided in this	4548
section, the motor vehicle dealer shall present the assignment	4549
form to any clerk of a court of common pleas together with an	4550
application for a certificate of title and payment of the fees	4551
prescribed by section 4505.09 of the Revised Code.	4552

In a case in which an electronic certificate of title has	4553
been issued and either the buyer or seller of the motor vehicle	4554
is an electronic motor vehicle dealer, the electronic motor	4555
vehicle dealer instead may inform a clerk of a court of common	4556
pleas via electronic means of the sale of the motor vehicle and	4557
assignment of ownership of the vehicle. The clerk shall enter	4558
the information relating to the assignment, including, but not	4559
limited to, the odometer disclosure statement required by	4560
section 4505.06 of the Revised Code, into the automated title	4561
processing system, and ownership of the vehicle passes to the	4562
applicant when the clerk enters this information into the system.	4563
The dealer is not required to obtain a physical certificate of	4564
title to the vehicle in the dealer's name.	4565

(2) A(a) Except as provided in division (A)(2)(b) of this	4566
section, a clerk shall charge and collect from a dealer a fee of	4567
~~five~~fifteen dollars for each motor vehicle assignment sent by the	4568
dealer to the clerk under division (A)(1) of this section.	4569

(b) A clerk shall charge and collect from the dealer a fee of	4570
five dollars for each motor vehicle assignment sent by the dealer	4571
to the clerk for resale purposes.	4572

(3) The ~~fee~~fees shall be distributed in accordance with	4573
section 4505.09 of the Revised Code.	4574

(B) If a person who is not an electronic motor vehicle dealer	4575
owns a motor vehicle for which a physical certificate of title has	4576
not been issued by a clerk of a court of common pleas and the	4577
person sells the motor vehicle to a person who is not a motor	4578
vehicle dealer licensed under Chapter 4517. of the Revised Code,	4579
the person shall obtain a physical certificate of title to the	4580
motor vehicle in order to transfer ownership of the vehicle to	4581
that person.	4582

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	4583
shall charge ~~a fee of five~~and retain fees as follows:	4584

(a) Five dollars for each certificate of title that is not	4585
applied for within thirty days after the later of the assignment	4586
or delivery of the motor vehicle described in it. The ~~fees~~entire	4587
fee shall be retained by the clerk.	4588

~~In addition to those fees, the clerk shall charge a fee of~~	4589
~~five~~(b) Fifteen dollars for each certificate of title,or	4590
duplicate certificate of title,including the issuance of a	4591
memorandum certificate of title, or authorization to print a	4592
non-negotiable evidence of ownership described in division (G) of	4593
section 4505.08 of the Revised Code, non-negotiable evidence of	4594
ownership printed by the clerk under division (H) of that section,	4595
and notation of any lien on a certificate of title that is applied	4596
for at the same time as the certificate of title. The clerk shall	4597
retain ~~two~~eleven dollars and ~~twenty-five~~fifty cents of ~~the~~that	4598
fee ~~charged for each certificate of title, four dollars and~~	4599
~~seventy-five cents of the fee charged for each duplicate~~	4600
~~certificate of title, all of the fees charged for each memorandum~~	4601
~~certificate, authorization to print a non-negotiable evidence of~~	4602
~~ownership, or non-negotiable evidence of ownership printed by the~~	4603
~~clerk, and four dollars and twenty-five cents of the fee charged~~	4604
~~for each notation of a lien~~.	4605

(c) Five dollars for each certificate of title with no	4606
security interest noted that is issued to a licensed motor vehicle	4607
dealer for resale purposes. The clerk shall retain two dollars and	4608
twenty-five cents of that fee.	4609

(d) Five dollars for each memorandum certificate of title or	4610
non-negotiable evidence of ownership that is applied for	4611
separately. The clerk shall retain that entire fee.	4612

(2) The ~~remaining two dollars and seventy-five cents charged~~	4613
~~for the certificate of title, the remaining twenty-five cents~~	4614
~~charged for the duplicate certificate of title, and the remaining~~	4615
~~seventy-five cents charged for the notation of any lien on a~~	4616
~~certificate of title~~fees that are not retained by the clerk shall	4617
be paid to the registrar of motor vehicles by monthly returns,	4618
which shall be forwarded to the registrar not later than the fifth	4619
day of the month next succeeding that in which the certificate is	4620
issued or that in which the registrar is notified of a lien or	4621
cancellation of a lien.	4622

(B)(1) The registrar shall pay twenty-five cents of the	4623
amount received for each certificate of title ~~and all of the~~	4624
~~amounts received for each notation of any lien and each duplicate~~	4625
~~certificate~~issued to a motor vehicle dealer for resale and one	4626
dollar for all other certificates of title issued into the state	4627
bureau of motor vehicles fund established in section 4501.25 of	4628
the Revised Code.	4629

(2) Fifty cents of the amount received for each certificate	4630
of title shall be paid by the registrar as follows:	4631

(a) Four cents shall be paid into the state treasury to the	4632
credit of the motor vehicle dealers board fund, which is hereby	4633
created. All investment earnings of the fund shall be credited to	4634
the fund. The moneys in the motor vehicle dealers board fund shall	4635
be used by the motor vehicle dealers board created under section	4636
4517.30 of the Revised Code, together with other moneys	4637
appropriated to it, in the exercise of its powers and the	4638
performance of its duties under Chapter 4517. of the Revised Code,	4639
except that the director of budget and management may transfer	4640
excess money from the motor vehicle dealers board fund to the	4641
bureau of motor vehicles fund if the registrar determines that the	4642
amount of money in the motor vehicle dealers board fund, together	4643
with other moneys appropriated to the board, exceeds the amount	4644
required for the exercise of its powers and the performance of its	4645
duties under Chapter 4517. of the Revised Code and requests the	4646
director to make the transfer.	4647

(b) Twenty-one cents shall be paid into the highway operating	4648
fund.	4649

(c) Twenty-five cents shall be paid into the state treasury	4650
to the credit of the motor vehicle sales audit fund, which is	4651
hereby created. The moneys in the fund shall be used by the tax	4652
commissioner together with other funds available to the	4653
commissioner to conduct a continuing investigation of sales and	4654
use tax returns filed for motor vehicles in order to determine if	4655
sales and use tax liability has been satisfied. The commissioner	4656
shall refer cases of apparent violations of section 2921.13 of the	4657
Revised Code made in connection with the titling or sale of a	4658
motor vehicle and cases of any other apparent violations of the	4659
sales or use tax law to the appropriate county prosecutor whenever	4660
the commissioner considers it advisable.	4661

(3) Two dollars of the amount received by the registrar for	4662
each certificate of title shall be paid into the state treasury to	4663
the credit of the automated title processing fund, which is hereby	4664
created and which shall consist of moneys collected under division	4665
(B)(3) of this section and under sections 1548.10 and 4519.59 of	4666
the Revised Code. All investment earnings of the fund shall be	4667
credited to the fund. The moneys in the fund shall be used as	4668
follows:	4669

(a) Except for moneys collected under section 1548.10 of the	4670
Revised Code and as provided in division (B)(3)(c) of this	4671
section, moneys collected under division (B)(3) of this section	4672
shall be used to implement and maintain an automated title	4673
processing system for the issuance of motor vehicle, off-highway	4674
motorcycle, and all-purpose vehicle certificates of title in the	4675
offices of the clerks of the courts of common pleas.	4676

(b) Moneys collected under section 1548.10 of the Revised	4677
Code shall be used to issue marine certificates of title in the	4678
offices of the clerks of the courts of common pleas as provided in	4679
Chapter 1548. of the Revised Code.	4680

(c) Moneys collected under division (B)(3) of this section	4681
shall be used in accordance with section 4505.25 of the Revised	4682
Code to implement Sub. S.B. 59 of the 124th general assembly.	4683

(C)(1) The automated title processing board is hereby	4684
created consisting of the registrar or the registrar's	4685
representative, a person selected by the registrar, the president	4686
of the Ohio clerks of court association or the president's	4687
representative, and two clerks of courts of common pleas	4688
appointed by the governor. The director of budget and management	4689
or the director's designee, the chief of the division of	4690
watercraft in the department of natural resources or the chief's	4691
designee, and the tax commissioner or the commissioner's designee	4692
shall be nonvoting members of the board. The purpose of the board	4693
is to facilitate the operation and maintenance of an automated	4694
title processing system and approve the procurement of automated	4695
title processing system equipment. Voting members of the board,	4696
excluding the registrar or the registrar's representative, shall	4697
serve without compensation, but shall be reimbursed for travel	4698
and other necessary expenses incurred in the conduct of their	4699
official duties. The registrar or the registrar's representative	4700
shall receive neither compensation nor reimbursement as a board	4701
member.	4702

(2) The automated title processing board shall determine each	4703
of the following:	4704

(a) The automated title processing equipment and certificates	4705
of title requirements for each county;	4706

(b) The payment of expenses that may be incurred by the	4707
counties in implementing an automated title processing system;	4708

(c) The repayment to the counties for existing title	4709
processing equipment.	4710

(3) The registrar shall purchase, lease, or otherwise acquire	4711
any automated title processing equipment and certificates of title	4712
that the board determines are necessary from moneys in the	4713
automated title processing fund established by division (B)(3) of	4714
this section.	4715

(D) All counties shall conform to the requirements of the	4716
registrar regarding the operation of their automated title	4717
processing system for motor vehicle titles, certificates of title	4718
for off-highway motorcycles and all-purpose vehicles, and	4719
certificates of title for watercraft and outboard motors.	4720

Sec. 4505.14. (A) The registrar of motor vehicles, or the	4721
clerk of the court of common pleas, upon the application of any	4722
person and payment of the proper ~~fees~~fee, may prepare and furnish	4723
lists containing title information in such form and subject to	4724
such territorial division or other classification as they may	4725
direct. The registrar or the clerk may search the records of the	4726
bureau of motor vehicles and ~~the clerk and make~~furnish reports	4727
~~thereof, and make copies~~ of ~~their title information and~~	4728
~~attestations thereof~~those records under the signature of the	4729
registrar or the clerk.	4730

(B)(1) Fees ~~therefor~~for lists containing title information	4731
shall be charged and collected as follows:	4732

~~(A)~~(a) For lists containing three thousand titles or more,	4733
twenty-five dollars per thousand or part thereof.;	4734

~~(B)~~(b) For ~~searches~~each report of a search of the records	4735
~~and written reports thereof, two dollars for~~ ~~each name, number,~~	4736
~~or fact searched or reported on.~~	4737

~~(C) For copies of records and attestations thereof~~, two	4738
dollars per copy except that on and after October 1, 2009, the	4739
fee shall be five dollars per copy. The registrar and the clerk	4740
may certify copies of records generated by an automated title	4741
processing system.	4742

~~Such copies~~(2) A copy of any such report shall be taken as	4743
prima-facie evidence of the facts therein stated, in any court of	4744
the state. The registrar and the clerk shall furnish information	4745
on any title without charge to the state highway patrol, sheriffs,	4746
chiefs of police, or the attorney general. The clerk also may	4747
provide a copy of a certificate of title to a public agency	4748
without charge.	4749

(C)(1) Those fees collected by the registrar as provided in	4750
division (B)(1)(a) of this section shall be paid to the treasurer	4751
of state to the credit of the state bureau of motor vehicles fund	4752
established in section 4501.25 of the Revised Code. Those fees	4753
collected by the clerk as provided in division (B)(1)(a) of this	4754
section shall be paid to the certificate of title administration	4755
fund created by section 325.33 of the Revised Code.	4756

(2) Prior to October 1, 2009, the registrar shall pay those	4757
fees the registrar collects under division (B)(1)(b) of this	4758
section into the state treasury to the credit of the state bureau	4759
of motor vehicles fund established in section 4501.25 of the	4760
Revised Code. Prior to October 1, 2009, the clerk shall pay those	4761
fees the clerk collects under division (B)(1)(b) of this section	4762
to the certificate of title administration fund created by section	4763
325.33 of the Revised Code.	4764

(3) On and after October 1, 2009, the registrar shall pay two	4765
dollars of each fee the registrar collects under division	4766
(B)(1)(b) of this section into the state treasury to the credit of	4767
the state bureau of motor vehicles fund established in section	4768
4501.25 of the Revised Code. Of the remaining three dollars of	4769
each such fee the registrar collects, the registrar shall	4770
deposit sixty cents into the state treasury to the credit of the	4771
trauma and emergency medical services fund established in	4772
section 4513.263 of the Revised Code, sixty cents into the state	4773
treasury to the credit of the homeland security fund established	4774
under section 5502.03 of the Revised Code, thirty cents into the	4775
state treasury to the credit of the investigations fund	4776
established in section 5502.131 of the Revised Code, one dollar	4777
and twenty-five cents into the state treasury to the credit of	4778
the emergency management agency service and reimbursement fund	4779
established in section 5502.39 of the Revised Code, and	4780
twenty-five cents into the state treasury to the credit of the	4781
justice program services fund established in section 5502.67 of	4782
the Revised Code.	4783

(4) On and after October 1, 2009, the clerk of the court of	4784
common pleas shall retain two dollars of each fee the clerk	4785
collects under division (B)(1)(b) of this section and deposit that	4786
two dollars into the certificate of title administration fund	4787
created by section 325.33 of the Revised Code. The clerk shall	4788
forward the remaining three dollars to the registrar not later	4789
than the fifth day of the month next succeeding that in which	4790
the transaction occurred. Of that remaining three dollars, the	4791
registrar shall deposit sixty cents into the state treasury to	4792
the credit of the trauma and emergency medical services fund	4793
established in section 4513.263 of the Revised Code, sixty cents	4794
into the state treasury to the credit of the homeland security	4795
fund established under section 5502.03 of the Revised Code,	4796
thirty cents into the state treasury to the credit of the	4797
investigations fund established in section 5502.131 of the	4798
Revised Code, one dollar and twenty-five cents into the state	4799
treasury to the credit of the emergency management agency	4800
service and reimbursement fund established in section 5502.39 of	4801
the Revised Code, and twenty-five cents into the state treasury	4802
to the credit of the justice program services fund established	4803
in section 5502.67 of the Revised Code.	4804

Sec. 4506.07. (A) Every application for a commercial	4805
driver's license, restricted commercial driver's license, or a	4806
commercial driver's temporary instruction permit, or a duplicate	4807
of such a license, shall be made upon a form approved and	4808
furnished by the registrar of motor vehicles. Except as provided	4809
in section 4506.24 of the Revised Code in regard to a restricted	4810
commercial driver's license, the application shall be signed by	4811
the applicant and shall contain the following information:	4812

(1) The applicant's name, date of birth, social security	4813
account number, sex, general description including height, weight,	4814
and color of hair and eyes, current residence, duration of	4815
residence in this state, country of citizenship, and occupation;	4816

(2) Whether the applicant previously has been licensed to	4817
operate a commercial motor vehicle or any other type of motor	4818
vehicle in another state or a foreign jurisdiction and, if so,	4819
when, by what state, and whether the license or driving privileges	4820
currently are suspended or revoked in any jurisdiction, or the	4821
applicant otherwise has been disqualified from operating a	4822
commercial motor vehicle, or is subject to an out-of-service order	4823
issued under this chapter or any similar law of another state or a	4824
foreign jurisdiction and, if so, the date of, locations involved,	4825
and reason for the suspension, revocation, disqualification, or	4826
out-of-service order;	4827

(3) Whether the applicant is afflicted with or suffering from	4828
any physical or mental disability or disease that prevents the	4829
applicant from exercising reasonable and ordinary control over a	4830
motor vehicle while operating it upon a highway or is or has been	4831
subject to any condition resulting in episodic impairment of	4832
consciousness or loss of muscular control and, if so, the nature	4833
and extent of the disability, disease, or condition, and the names	4834
and addresses of the physicians attending the applicant;	4835

(4) Whether the applicant has obtained a medical examiner's	4836
certificate as required by this chapter;	4837

(5) Whether the applicant has pending a citation for	4838
violation of any motor vehicle law or ordinance except a parking	4839
violation and, if so, a description of the citation, the court	4840
having jurisdiction of the offense, and the date when the offense	4841
occurred;	4842

(6) Whether the applicant wishes to certify willingness to	4843
make an anatomical gift under section 2108.05 of the Revised Code,	4844
which shall be given no consideration in the issuance of a	4845
license;	4846

(7) On and after May 1, 1993, whether the applicant has	4847
executed a valid durable power of attorney for health care	4848
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	4849
executed a declaration governing the use or continuation, or the	4850
withholding or withdrawal, of life-sustaining treatment pursuant	4851
to sections 2133.01 to 2133.15 of the Revised Code and, if the	4852
applicant has executed either type of instrument, whether the	4853
applicant wishes the license issued to indicate that the applicant	4854
has executed the instrument;	4855

(8) On and after ~~the date that is fifteen months after the~~	4856
~~effective date of this amendment~~October 7, 2009, whether the	4857
applicant is ~~an honorably discharged~~a veteran, active duty, or	4858
reservist of the armed forces of the United States and, if the	4859
applicant is such ~~an honorably discharged veteran~~, whether the	4860
applicant wishes the license issued to indicate that the	4861
applicant is ~~an honorably discharged~~a veteran, active duty, or	4862
reservist of the armed forces of the United States by a military	4863
designation on the license.	4864

(B) Every applicant shall certify, on a form approved and	4865
furnished by the registrar, all of the following:	4866

(1) That the motor vehicle in which the applicant intends to	4867
take the driving skills test is representative of the type of	4868
motor vehicle that the applicant expects to operate as a driver;	4869

(2) That the applicant is not subject to any disqualification	4870
or out-of-service order, or license suspension, revocation, or	4871
cancellation, under the laws of this state, of another state, or	4872
of a foreign jurisdiction and does not have more than one driver's	4873
license issued by this or another state or a foreign jurisdiction;	4874

(3) Any additional information, certification, or evidence	4875
that the registrar requires by rule in order to ensure that the	4876
issuance of a commercial driver's license to the applicant is in	4877
compliance with the law of this state and with federal law.	4878

(C) Every applicant shall execute a form, approved and	4879
furnished by the registrar, under which the applicant consents to	4880
the release by the registrar of information from the applicant's	4881
driving record.	4882

(D) The registrar or a deputy registrar, in accordance with	4883
section 3503.11 of the Revised Code, shall register as an elector	4884
any applicant for a commercial driver's license or for a renewal	4885
or duplicate of such a license under this chapter, if the	4886
applicant is eligible and wishes to be registered as an elector.	4887
The decision of an applicant whether to register as an elector	4888
shall be given no consideration in the decision of whether to	4889
issue the applicant a license or a renewal or duplicate.	4890

(E) The registrar or a deputy registrar, in accordance with	4891
section 3503.11 of the Revised Code, shall offer the opportunity	4892
of completing a notice of change of residence or change of name to	4893
any applicant for a commercial driver's license or for a renewal	4894
or duplicate of such a license who is a resident of this state, if	4895
the applicant is a registered elector who has changed the	4896
applicant's residence or name and has not filed such a notice.	4897

(F) In considering any application submitted pursuant to this	4898
section, the bureau of motor vehicles may conduct any inquiries	4899
necessary to ensure that issuance or renewal of a commercial	4900
driver's license would not violate any provision of the Revised	4901
Code or federal law.	4902

(G) In addition to any other information it contains, on and	4903
after ~~the date that is fifteen months after the effective date of~~	4904
~~this amendment~~October 7, 2009, the form approved and furnished	4905
by the registrar of motor vehicles for an application for a	4906
commercial driver's license, restricted commercial driver's	4907
license, or a commercial driver's temporary instruction permit	4908
or an application for a duplicate of such a license shall inform	4909
applicants that the applicant must present a copy of the	4910
applicant's DD-214 or an equivalent document in order to qualify	4911
to have the license or duplicate indicate that the applicant is	4912
~~an honorably discharged~~a veteran, active duty, or reservist of	4913
the armed forces of the United States based on a request made	4914
pursuant to division (A)(8) of this section.	4915

Sec. 4506.08. (A)(1) Each application for a commercial	4916
driver's license temporary instruction permit shall be accompanied	4917
by a fee of ten dollars. Each application for a commercial	4918
driver's license, restricted commercial driver's license, renewal	4919
of such a license, or waiver for farm-related service industries	4920
shall be accompanied by a fee of twenty-five dollars, except that	4921
an application for a commercial driver's license or restricted	4922
commercial driver's license received pursuant to division (A)(3)	4923
of section 4506.14 of the Revised Code shall be accompanied by a	4924
fee of eighteen dollars and seventy-five cents if the license will	4925
expire on the licensee's birthday three years after the date of	4926
issuance, a fee of twelve dollars and fifty cents if the license	4927
will expire on the licensee's birthday two years after the date of	4928
issuance, and a fee of six dollars and twenty-five cents if the	4929
license will expire on the licensee's birthday one year after the	4930
date of issuance. Each application for a duplicate commercial	4931
driver's license shall be accompanied by a fee of ten dollars.	4932

(2) In addition, the registrar of motor vehicles or deputy	4933
registrar may collect and retain an additional fee of no more than	4934
~~two dollars and seventy-five cents commencing on July 1, 2001,~~	4935
~~three dollars and twenty-five cents commencing on January 1, 2003,~~	4936
~~and~~ three dollars and fifty cents ~~commencing on January 1, 2004,~~	4937
for each application for a commercial driver's license temporary	4938
instruction permit, commercial driver's license, renewal of a	4939
commercial driver's license, or duplicate commercial driver's	4940
license received by the registrar or deputy.	4941

(B) ~~Each deputy registrar shall transmit the fees collected~~	4942
~~under division (A)(1) of this section to the registrar at the time~~	4943
~~and in the manner prescribed by the registrar by rule. The~~	4944
~~registrar shall pay the fees into the state highway safety fund~~	4945
~~established in section 4501.06 of the Revised Code.~~	4946

~~(C)~~ In addition to the fees imposed under division (A) of	4947
this section, the registrar of motor vehicles or deputy registrar	4948
shall collect a fee of twelve dollars ~~commencing on October 1,~~	4949
~~2003,~~ for each application for a commercial driver's license	4950
temporary instruction permit, commercial driver's license, or	4951
duplicate commercial driver's license and for each application for	4952
renewal of a commercial driver's license ~~with an expiration date~~	4953
~~on or after that date received by the registrar or deputy~~	4954
~~registrar~~. The additional fee is for the purpose of defraying the	4955
department of public safety's costs associated with the	4956
administration and enforcement of the motor vehicle and traffic	4957
laws of Ohio. ~~Each~~	4958

(C) Commencing on October 1, 2009, if an application for a	4959
commercial driver's license made by a person who previously held	4960
such a license is not applied for within the period specified in	4961
section 4506.14 of the Revised Code or within seven days after the	4962
period so specified, the registrar or deputy registrar shall	4963
collect a fee of twenty dollars for the issuance of the	4964
commercial driver's license, but may waive the fee for good	4965
cause shown if the application is accompanied by supporting	4966
evidence as the registrar may require. The fee is in addition to	4967
all other fees established by this section. A deputy registrar	4968
shall retain fifty cents of the fee and shall transmit the	4969
remaining amount in accordance with division (D) of this section.	4970

(D) Each deputy registrar shall transmit the fees collected	4971
under ~~division~~divisions (A)(1), (B), and (C) of this section in	4972
the time and manner prescribed by the registrar. The registrar	4973
shall deposit all moneys received under division ~~(C)~~(D) of this	4974
section into the state highway safety fund established in section	4975
4501.06 of the Revised Code.	4976

~~(D)~~(E) Information regarding the driving record of any person	4977
holding a commercial driver's license issued by this state shall	4978
be furnished by the registrar, upon request and payment of a fee	4979
of ~~two~~five dollars, to the employer or prospective employer of	4980
such a person and to any insurer.	4981

Of each five-dollar fee the registrar collects under this	4982
division, the registrar shall pay two dollars into the state	4983
treasury to the credit of the state bureau of motor vehicles fund	4984
established in section 4501.25 of the Revised Code, sixty cents	4985
into the state treasury to the credit of the trauma and	4986
emergency medical services fund established in section 4513.263	4987
of the Revised Code, sixty cents into the state treasury to the	4988
credit of the homeland security fund established in section	4989
5502.03 of the Revised Code, thirty cents into the state	4990
treasury to the credit of the investigations fund established in	4991
section 5502.131 of the Revised Code, one dollar and twenty-five	4992
cents into the state treasury to the credit of the emergency	4993
management agency service and reimbursement fund established in	4994
section 5502.39 of the Revised Code, and twenty-five cents into	4995
the state treasury to the credit of the justice program services	4996
fund established in section 5502.67 of the Revised Code.	4997

Sec. 4506.11. (A) Every commercial driver's license shall be	4998
marked "commercial driver's license" or "CDL" and shall be of such	4999
material and so designed as to prevent its reproduction or	5000
alteration without ready detection, and, to this end, shall be	5001
laminated with a transparent plastic material. The commercial	5002
driver's license for licensees under twenty-one years of age shall	5003
have characteristics prescribed by the registrar of motor vehicles	5004
distinguishing it from that issued to a licensee who is twenty-one	5005
years of age or older. Every commercial driver's license shall	5006
display all of the following information:	5007

(1) The name and residence address of the licensee;

5008

(2) A color photograph of the licensee showing the licensee's	5009
uncovered face;	5010

(3) A physical description of the licensee, including sex,	5011
height, weight, and color of eyes and hair;	5012

(4) The licensee's date of birth;

5013

(5) The licensee's social security number if the person has	5014
requested that the number be displayed in accordance with section	5015
4501.31 of the Revised Code or if federal law requires the social	5016
security number to be displayed and any number or other identifier	5017
the director of public safety considers appropriate and	5018
establishes by rules adopted under Chapter 119. of the Revised	5019
Code and in compliance with federal law;	5020

(6) The licensee's signature;

5021

(7) The classes of commercial motor vehicles the licensee is	5022
authorized to drive and any endorsements or restrictions relating	5023
to the licensee's driving of those vehicles;	5024

(8) The name of this state;

5025

(9) The dates of issuance and of expiration of the license;

5026

(10) If the licensee has certified willingness to make an	5027
anatomical gift under section 2108.05 of the Revised Code, any	5028
symbol chosen by the registrar of motor vehicles to indicate that	5029
the licensee has certified that willingness;	5030

(11) If the licensee has executed a durable power of attorney	5031
for health care or a declaration governing the use or	5032
continuation, or the withholding or withdrawal, of life-sustaining	5033
treatment and has specified that the licensee wishes the license	5034
to indicate that the licensee has executed either type of	5035
instrument, any symbol chosen by the registrar to indicate that	5036
the licensee has executed either type of instrument;	5037

(12) On and after ~~the date that is fifteen months after the~~	5038
~~effective date of this amendment~~October 7, 2009, if the licensee	5039
has specified that the licensee wishes the license to indicate	5040
that the licensee is ~~an honorably discharged~~a veteran, active	5041
duty, or reservist of the armed forces of the United States and	5042
has presented a copy of the licensee's DD-214 form or an	5043
equivalent document, any symbol chosen by the registrar to	5044
indicate that the licensee is ~~an honorably discharged~~a veteran,	5045
active duty, or reservist of the armed forces of the United	5046
States;	5047

(13) Any other information the registrar considers advisable	5048
and requires by rule.	5049

(B) The registrar may establish and maintain a file of	5050
negatives of photographs taken for the purposes of this section.	5051

(C) Neither the registrar nor any deputy registrar shall	5052
issue a commercial driver's license to anyone under twenty-one	5053
years of age that does not have the characteristics prescribed by	5054
the registrar distinguishing it from the commercial driver's	5055
license issued to persons who are twenty-one years of age or	5056
older.	5057

(D) Whoever violates division (C) of this section is guilty	5058
of a minor misdemeanor.	5059

Sec. 4507.06. (A)(1) Every application for a driver's	5060
license or motorcycle operator's license or endorsement, or	5061
duplicate of any such license or endorsement, shall be made upon	5062
the approved form furnished by the registrar of motor vehicles and	5063
shall be signed by the applicant.	5064

Every application shall state the following:

5065

(a) The applicant's name, date of birth, social security	5066
number if such has been assigned, sex, general description,	5067
including height, weight, color of hair, and eyes, residence	5068
address, including county of residence, duration of residence in	5069
this state, and country of citizenship;	5070

(b) Whether the applicant previously has been licensed as an	5071
operator, chauffeur, driver, commercial driver, or motorcycle	5072
operator and, if so, when, by what state, and whether such license	5073
is suspended or canceled at the present time and, if so, the date	5074
of and reason for the suspension or cancellation;	5075

(c) Whether the applicant is now or ever has been afflicted	5076
with epilepsy, or whether the applicant now is suffering from any	5077
physical or mental disability or disease and, if so, the nature	5078
and extent of the disability or disease, giving the names and	5079
addresses of physicians then or previously in attendance upon the	5080
applicant;	5081

(d) Whether an applicant for a duplicate driver's license, or	5082
duplicate license containing a motorcycle operator endorsement has	5083
pending a citation for violation of any motor vehicle law or	5084
ordinance, a description of any such citation pending, and the	5085
date of the citation;	5086

(e) Whether the applicant wishes to certify willingness to	5087
make an anatomical gift under section 2108.05 of the Revised Code,	5088
which shall be given no consideration in the issuance of a license	5089
or endorsement;	5090

(f) Whether the applicant has executed a valid durable power	5091
of attorney for health care pursuant to sections 1337.11 to	5092
1337.17 of the Revised Code or has executed a declaration	5093
governing the use or continuation, or the withholding or	5094
withdrawal, of life-sustaining treatment pursuant to sections	5095
2133.01 to 2133.15 of the Revised Code and, if the applicant has	5096
executed either type of instrument, whether the applicant wishes	5097
the applicant's license to indicate that the applicant has	5098
executed the instrument;	5099

(g) On and after ~~the date that is fifteen months after the~~	5100
~~effective date of this amendment~~October 7, 2009, whether the	5101
applicant is ~~an honorably discharged~~a veteran, active duty, or	5102
reservist of the armed forces of the United States and, if the	5103
applicant is such ~~an honorably discharged veteran~~, whether the	5104
applicant wishes the applicant's license to indicate that the	5105
applicant is ~~an honorably discharged~~a veteran, active duty, or	5106
reservist of the armed forces of the United States by a military	5107
designation on the license.	5108

(2) Every applicant for a driver's license shall be	5109
photographed in color at the time the application for the license	5110
is made. The application shall state any additional information	5111
that the registrar requires.	5112

(B) The registrar or a deputy registrar, in accordance with	5113
section 3503.11 of the Revised Code, shall register as an elector	5114
any person who applies for a driver's license or motorcycle	5115
operator's license or endorsement under division (A) of this	5116
section, or for a renewal or duplicate of the license or	5117
endorsement, if the applicant is eligible and wishes to be	5118
registered as an elector. The decision of an applicant whether to	5119
register as an elector shall be given no consideration in the	5120
decision of whether to issue the applicant a license or	5121
endorsement, or a renewal or duplicate.	5122

(C) The registrar or a deputy registrar, in accordance with	5123
section 3503.11 of the Revised Code, shall offer the opportunity	5124
of completing a notice of change of residence or change of name to	5125
any applicant for a driver's license or endorsement under division	5126
(A) of this section, or for a renewal or duplicate of the license	5127
or endorsement, if the applicant is a registered elector who has	5128
changed the applicant's residence or name and has not filed such a	5129
notice.	5130

(D) In addition to any other information it contains, on and	5131
after ~~the date that is fifteen months after the effective date of~~	5132
~~this amendment~~October 7, 2009, the approved form furnished by	5133
the registrar of motor vehicles for an application for a	5134
driver's license or motorcycle operator's license or	5135
endorsement or an application for a duplicate of any such	5136
license or endorsement shall inform applicants that the	5137
applicant must present a copy of the applicant's DD-214 or an	5138
equivalent document in order to qualify to have the license or	5139
duplicate indicate that the applicant is ~~an honorably discharged~~	5140
a veteran, active duty, or reservist of the armed forces of the	5141
United States based on a request made pursuant to division	5142
(A)(1)(g) of this section.	5143

Sec. 4507.13. (A) The registrar of motor vehicles shall	5144
issue a driver's license to every person licensed as an operator	5145
of motor vehicles other than commercial motor vehicles. No person	5146
licensed as a commercial motor vehicle driver under Chapter 4506.	5147
of the Revised Code need procure a driver's license, but no person	5148
shall drive any commercial motor vehicle unless licensed as a	5149
commercial motor vehicle driver.	5150

Every driver's license shall display on it the distinguishing	5151
number assigned to the licensee and shall display the licensee's	5152
name and date of birth; the licensee's residence address and	5153
county of residence; a color photograph of the licensee; a brief	5154
description of the licensee for the purpose of identification; a	5155
facsimile of the signature of the licensee as it appears on the	5156
application for the license; a notation, in a manner prescribed by	5157
the registrar, indicating any condition described in division	5158
(D)(3) of section 4507.08 of the Revised Code to which the	5159
licensee is subject; if the licensee has executed a durable power	5160
of attorney for health care or a declaration governing the use or	5161
continuation, or the withholding or withdrawal, of life-sustaining	5162
treatment and has specified that the licensee wishes the license	5163
to indicate that the licensee has executed either type of	5164
instrument, any symbol chosen by the registrar to indicate that	5165
the licensee has executed either type of instrument; on and after	5166
~~the date that is fifteen months after the effective date of this~~	5167
~~amendment~~October 7, 2009, if the licensee has specified that the	5168
licensee wishes the license to indicate that the licensee is an	5169
~~honorably discharged~~a veteran, active duty, or reservist of the	5170
armed forces of the United States and has presented a copy of	5171
the licensee's DD-214 form or an equivalent document, any symbol	5172
chosen by the registrar to indicate that the licensee is an	5173
~~honorably discharged~~a veteran, active duty, or reservist of the	5174
armed forces of the United States; and any additional	5175
information that the registrar requires by rule. No license shall	5176
display the licensee's social security number unless the licensee	5177
specifically requests that the licensee's social security number	5178
be displayed on the license. If federal law requires the	5179
licensee's social security number to be displayed on the license,	5180
the social security number shall be displayed on the license	5181
notwithstanding this section.	5182

The driver's license for licensees under twenty-one years of	5183
age shall have characteristics prescribed by the registrar	5184
distinguishing it from that issued to a licensee who is twenty-one	5185
years of age or older, except that a driver's license issued to a	5186
person who applies no more than thirty days before the applicant's	5187
twenty-first birthday shall have the characteristics of a license	5188
issued to a person who is twenty-one years of age or older.	5189

The driver's license issued to a temporary resident shall	5190
contain the word "nonrenewable" and shall have any additional	5191
characteristics prescribed by the registrar distinguishing it from	5192
a license issued to a resident.	5193

Every driver's or commercial driver's license displaying a	5194
motorcycle operator's endorsement and every restricted license to	5195
operate a motor vehicle also shall display the designation	5196
"novice," if the endorsement or license is issued to a person who	5197
is eighteen years of age or older and previously has not been	5198
licensed to operate a motorcycle by this state or another	5199
jurisdiction recognized by this state. The "novice" designation	5200
shall be effective for one year after the date of issuance of the	5201
motorcycle operator's endorsement or license.	5202

Each license issued under this section shall be of such	5203
material and so designed as to prevent its reproduction or	5204
alteration without ready detection and, to this end, shall be	5205
laminated with a transparent plastic material.	5206

(B) Except in regard to a driver's license issued to a person	5207
who applies no more than thirty days before the applicant's	5208
twenty-first birthday, neither the registrar nor any deputy	5209
registrar shall issue a driver's license to anyone under	5210
twenty-one years of age that does not have the characteristics	5211
prescribed by the registrar distinguishing it from the driver's	5212
license issued to persons who are twenty-one years of age or	5213
older.	5214

(C) Whoever violates division (B) of this section is guilty	5215
of a minor misdemeanor.	5216

Sec. 4507.23. (A) Except as provided in division ~~(I)~~(J) of	5217
this section, each application for a temporary instruction permit	5218
and examination shall be accompanied by a fee of five dollars.	5219

(B) Except as provided in division ~~(I)~~(J) of this section,	5220
each application for a driver's license made by a person who	5221
previously held such a license and whose license has expired not	5222
more than two years prior to the date of application, and who is	5223
required under this chapter to give an actual demonstration of the	5224
person's ability to drive, shall be accompanied by a fee of three	5225
dollars in addition to any other fees.	5226

(C)(1) Except as provided in divisions (E) and ~~(I)~~(J) of this	5227
section, each application for a driver's license, or motorcycle	5228
operator's endorsement, or renewal of a driver's license shall be	5229
accompanied by a fee of six dollars. ~~Except~~	5230

(2) Except as provided in division (I) of this section, each	5231
application for a duplicate driver's license shall be accompanied	5232
by a fee of ~~two~~seven dollars and fifty cents. The duplicate	5233
driver's licenses issued under this section shall be distributed	5234
by the deputy registrar in accordance with rules adopted by the	5235
registrar of motor vehicles.	5236

(D) Except as provided in division ~~(I)~~(J) of this section,	5237
each application for a motorized bicycle license or duplicate	5238
thereof shall be accompanied by a fee of two dollars and fifty	5239
cents.	5240

(E) Except as provided in division ~~(I)~~(J) of this section,	5241
each application for a driver's license or renewal of a driver's	5242
license that will be issued to a person who is less than	5243
twenty-one years of age shall be accompanied by whichever of the	5244
following fees is applicable:	5245

(1) If the person is sixteen years of age or older, but less	5246
than seventeen years of age, a fee of seven dollars and	5247
twenty-five cents;	5248

(2) If the person is seventeen years of age or older, but	5249
less than eighteen years of age, a fee of six dollars;	5250

(3) If the person is eighteen years of age or older, but less	5251
than nineteen years of age, a fee of four dollars and seventy-five	5252
cents;	5253

(4) If the person is nineteen years of age or older, but less	5254
than twenty years of age, a fee of three dollars and fifty cents;	5255

(5) If the person is twenty years of age or older, but less	5256
than twenty-one years of age, a fee of two dollars and twenty-five	5257
cents.	5258

(F) Neither the registrar nor any deputy registrar shall	5259
charge a fee in excess of one dollar and fifty cents for	5260
laminating a driver's license, motorized bicycle license, or	5261
temporary instruction permit identification cards as required by	5262
sections 4507.13 and 4511.521 of the Revised Code. A deputy	5263
registrar laminating a driver's license, motorized bicycle	5264
license, or temporary instruction permit identification cards	5265
shall retain the entire amount of the fee charged for lamination,	5266
less the actual cost to the registrar of the laminating materials	5267
used for that lamination, as specified in the contract executed by	5268
the bureau for the laminating materials and laminating equipment.	5269
The deputy registrar shall forward the amount of the cost of the	5270
laminating materials to the registrar for deposit as provided in	5271
this section.	5272

(G) Except as provided in division ~~(I)~~(J) of this section and	5273
except for the renewal of a driver's license, commencing on	5274
October 1, 2003, each transaction described in divisions (A), (B),	5275
(C), (D), and (E) of this section shall be accompanied by an	5276
additional fee of twelve dollars. A transaction involving the	5277
renewal of a driver's license with an expiration date on or after	5278
that date shall be accompanied by an additional fee of twelve	5279
dollars. The additional fee is for the purpose of defraying the	5280
department of public safety's costs associated with the	5281
administration and enforcement of the motor vehicle and traffic	5282
laws of Ohio.	5283

(H) Except as provided in division (J) of this section,	5284
commencing on October 1, 2009, if an application for a driver's	5285
license or motorcycle operator's endorsement made by a person who	5286
previously held such a license is not applied for within the	5287
period specified in section 4507.09 of the Revised Code or within	5288
seven days after the period so specified, the registrar or	5289
deputy registrar shall collect a fee of twenty dollars for the	5290
issuance of the driver's license or motorcycle endorsement, but	5291
may waive the fee for good cause shown if the application is	5292
accompanied by supporting evidence as the registrar may require.	5293
The fee shall be in addition to all other fees established by	5294
this section. A deputy registrar collecting this twenty dollar	5295
fee shall retain fifty cents and send the remaining fee to the	5296
registrar as specified in division (I) of this section.	5297

(I) At the time and in the manner provided by section 4503.10	5298
of the Revised Code, the deputy registrar shall transmit the fees	5299
collected under divisions (A), (B), (C), (D), and (E), those	5300
portions of the fees specified in and collected under division	5301
(F), and the additional fee under ~~division~~divisions (G) and (H)	5302
of this section to the registrar. The registrar shall pay two	5303
dollars and fifty cents of each fee collected under divisions (A),	5304
(B), (C)(1) and (2), (D), and (E)(1) to (4) of this section, and	5305
the entire fee collected under division (E)(5) of this section,	5306
into the state highway safety fund established in section	5307
4501.06 of the Revised Code, and such fees shall be used for the	5308
sole purpose of supporting driver licensing activities. The	5309
registrar also shall pay five dollars of each fee collected	5310
under division (C)(2) of this section and the entire fee collected	5311
under ~~division~~divisions (G) and (H) of this section into the	5312
state highway safety fund created in section 4501.06 of the	5313
Revised Code. The remaining fees collected by the registrar	5314
under this section shall be paid into the state bureau of motor	5315
vehicles fund established in section 4501.25 of the Revised Code.	5316

~~(I)~~(J) A disabled veteran who has a service-connected	5317
disability rated at one hundred per cent by the veterans'	5318
administration may apply to the registrar or a deputy registrar	5319
for the issuance to that veteran, without the payment of any fee	5320
prescribed in this section, of any of the following items:	5321

(1) A temporary instruction permit and examination;

5322

(2) A new, renewal, or duplicate driver's or commercial	5323
driver's license;	5324

(3) A motorcycle operator's endorsement;

5325

(4) A motorized bicycle license or duplicate thereof;

5326

(5) The fee established in division (H) of this section;

5327

(6) Lamination of a driver's license, motorized bicycle	5328
license, or temporary instruction permit identification card as	5329
provided in division (F) of this section, if the circumstances	5330
specified in division ~~(I)(5)~~(J)(6) of this section are met.	5331

~~If the driver's license, motorized bicycle license, or~~	5332
~~temporary instruction permit identification card of a disabled~~	5333
~~veteran described in division (I) of this section is laminated by~~	5334
~~a deputy registrar who is acting as a deputy registrar pursuant~~	5335
~~to a contract with the registrar that is in effect on October 14,~~	5336
~~1997, the disabled veteran shall be required to pay the deputy~~	5337
~~registrar the lamination fee provided in division (F) of this~~	5338
~~section. If the driver's license, motorized bicycle license, or~~	5339
~~temporary instruction permit identification card of such a~~	5340
~~disabled veteran is laminated by a deputy registrar who is acting~~	5341
~~as a deputy registrar pursuant to a contract with the registrar~~	5342
~~that is executed after October 14, 1997, the disabled veteran is~~	5343
~~not required to pay the deputy registrar the lamination fee~~	5344
~~provided in division (F) of this section.~~	5345

A disabled veteran whose driver's license, motorized bicycle	5346
license, or temporary instruction permit identification card is	5347
laminated by the registrar or deputy registrar is not required to	5348
pay the registrar any lamination fee.	5349

An application made under division ~~(I)~~(J) of this section	5350
shall be accompanied by such documentary evidence of disability as	5351
the registrar may require by rule.	5352

Sec. 4507.24. (A) Except as provided in division ~~(B)~~(C) of	5353
this section, ~~each~~the registrar of motor vehicles or a deputy	5354
registrar may collect a fee not to exceed the following:	5355

(1)~~Three dollars and seventy-five cents commencing on July 1,~~	5356
~~2001, four dollars and twenty-five cents commencing on January 1,~~	5357
~~2003, and four~~Four dollars and fifty cents commencing on January	5358
1, 2004, and six dollars and twenty-five cents commencing on	5359
October 1, 2009, for each application for renewal of a driver's	5360
license received by the deputy registrar, when the applicant is	5361
required to submit to a screening of the applicant's vision under	5362
section 4507.12 of the Revised Code;	5363

(2) ~~Two dollars and seventy-five cents commencing on July 1,~~	5364
~~2001, three dollars and twenty-five cents commencing on January 1,~~	5365
~~2003, and three~~Three dollars and fifty cents commencing on	5366
January 1, 2004, for each application for a driver's license, or	5367
motorized bicycle license, or for renewal of such a license,	5368
received by the deputy registrar, when the applicant is not	5369
required to submit to a screening of the applicant's vision under	5370
section 4507.12 of the Revised Code.	5371

(B) The fees prescribed by division (A) of this section shall	5372
be in addition to the fee for a temporary instruction permit and	5373
examination, a driver's license, a motorized bicycle license, or	5374
duplicates thereof~~, and~~. The fees retained by a deputy registrar	5375
shall compensate the deputy registrar for the deputy registrar's	5376
services, for office and rental expense, and for costs as provided	5377
in division ~~(C)~~(D) of this section, as are necessary for the	5378
proper discharge of the deputy registrar's duties under sections	5379
4507.01 to 4507.39 of the Revised Code.	5380

(C) A disabled veteran who has a service-connected disability	5381
rated at one hundred per cent by the veterans' administration is	5382
required to pay the applicable fee prescribed in division (A) of	5383
this section if the disabled veteran submits an application for a	5384
driver's license or motorized bicycle license or a renewal of	5385
either of these licenses to a deputy registrar who is acting as a	5386
deputy registrar pursuant to a contract with the registrar that is	5387
in effect on the effective date of this amendment. The disabled	5388
veteran also is required to submit with the disabled veteran's	5389
application such documentary evidence of disability as the	5390
registrar may require by rule.	5391

A disabled veteran who submits an application described in	5392
this division is not required to pay either of the fees prescribed	5393
in division (A) of this section if the disabled veteran submits	5394
the application to a deputy registrar who is acting as a deputy	5395
registrar pursuant to a contract with the registrar that is	5396
executed after the effective date of this amendment. The disabled	5397
veteran still is required to submit with the disabled veteran's	5398
application such documentary evidence of disability as the	5399
registrar may require by rule.	5400

A disabled veteran who submits an application described in	5401
this division directly to the registrar is not required to pay	5402
either of the fees prescribed in division (A) of this section if	5403
the disabled veteran submits with the disabled veteran's	5404
application such documentary evidence of disability as the	5405
registrar may require by rule.	5406

~~(C)~~(D)(1) Each deputy registrar shall transmit to the	5407
registrar of motor vehicles, at such time and in such manner as	5408
the registrar shall require by rule, an amount of each fee	5409
collected under division (A)(1) of this section as shall be	5410
determined by the registrar. The registrar shall pay all such	5411
moneys so received into the state bureau of motor vehicles fund	5412
created in section 4501.25 of the Revised Code.	5413

(2) Commencing on October 1, 2009, each deputy registrar	5414
shall transmit one dollar of each fee collected under division	5415
(A)(1) of this section to the registrar at the time and in the	5416
manner provided by section 4503.10 of the Revised Code. The	5417
registrar shall deposit all moneys received under division (D)(2)	5418
of this section into the state highway safety fund established in	5419
section 4501.06 of the Revised Code.	5420

Sec. 4507.51. (A)(1) Every application for an identification	5421
card or duplicate shall be made on a form furnished by the	5422
registrar of motor vehicles, shall be signed by the applicant, and	5423
by the applicant's parent or guardian if the applicant is under	5424
eighteen years of age, and shall contain the following information	5425
pertaining to the applicant: name, date of birth, sex, general	5426
description including the applicant's height, weight, hair color,	5427
and eye color, address, and social security number. The	5428
application also shall state whether an applicant wishes to	5429
certify willingness to make an anatomical gift under section	5430
2108.05 of the Revised Code and shall include information about	5431
the requirements of sections 2108.01 to 2108.29 of the Revised	5432
Code that apply to persons who are less than eighteen years of	5433
age. The statement regarding willingness to make such a donation	5434
shall be given no consideration in the decision of whether to	5435
issue an identification card. Each applicant shall be photographed	5436
in color at the time of making application.	5437

(2)(a) The application also shall state whether the applicant	5438
has executed a valid durable power of attorney for health care	5439
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	5440
executed a declaration governing the use or continuation, or the	5441
withholding or withdrawal, of life-sustaining treatment pursuant	5442
to sections 2133.01 to 2133.15 of the Revised Code and, if the	5443
applicant has executed either type of instrument, whether the	5444
applicant wishes the identification card issued to indicate that	5445
the applicant has executed the instrument.	5446

(b) On and after ~~the date that is fifteen months after the~~	5447
~~effective date of this amendment~~October 7, 2009, the application	5448
also shall state whether the applicant is ~~an honorably~~	5449
~~discharged~~a veteran, active duty, or reservist of the armed	5450
forces of the United States and, if the applicant is such an	5451
~~honorably discharged veteran~~, whether the applicant wishes the	5452
identification card issued to indicate that the applicant is an	5453
~~honorably discharged~~a veteran, active duty, or reservist of the	5454
armed forces of the United States by a military designation on	5455
the identification card.	5456

(3) The registrar or deputy registrar, in accordance with	5457
section 3503.11 of the Revised Code, shall register as an elector	5458
any person who applies for an identification card or duplicate if	5459
the applicant is eligible and wishes to be registered as an	5460
elector. The decision of an applicant whether to register as an	5461
elector shall be given no consideration in the decision of whether	5462
to issue the applicant an identification card or duplicate.	5463

(B) The application for an identification card or duplicate	5464
shall be filed in the office of the registrar or deputy registrar.	5465
Each applicant shall present documentary evidence as required by	5466
the registrar of the applicant's age and identity, and the	5467
applicant shall swear that all information given is true. An	5468
identification card issued by the department of rehabilitation and	5469
correction under section 5120.59 of the Revised Code shall be	5470
sufficient documentary evidence under this division. Upon issuing	5471
an identification card under this section for a person who has	5472
been issued an identification card under section 5120.59 of the	5473
Revised Code, the registrar or deputy registrar shall destroy the	5474
identification card issued under section 5120.59 of the Revised	5475
Code.	5476

All applications for an identification card or duplicate	5477
shall be filed in duplicate, and if submitted to a deputy	5478
registrar, a copy shall be forwarded to the registrar. The	5479
registrar shall prescribe rules for the manner in which a deputy	5480
registrar is to file and maintain applications and other records.	5481
The registrar shall maintain a suitable, indexed record of all	5482
applications denied and cards issued or canceled.	5483

(C) In addition to any other information it contains, on and	5484
after the date that is fifteen months after the effective date of	5485
this amendment, the form furnished by the registrar of motor	5486
vehicles for an application for an identification card or	5487
duplicate shall inform applicants that the applicant must present	5488
a copy of the applicant's DD-214 or an equivalent document in	5489
order to qualify to have the card or duplicate indicate that the	5490
applicant is an honorably discharged veteran of the armed forces	5491
of the United States based on a request made pursuant to division	5492
(A)(2)(b) of this section.	5493

Sec. 4507.52. (A) Each identification card issued by the	5494
registrar of motor vehicles or a deputy registrar shall display a	5495
distinguishing number assigned to the cardholder, and shall	5496
display the following inscription:	5497

"STATE OF OHIO IDENTIFICATION CARD	5498

This card is not valid for the purpose of operating a motor	5499
vehicle. It is provided solely for the purpose of establishing the	5500
identity of the bearer described on the card, who currently is not	5501
licensed to operate a motor vehicle in the state of Ohio."	5502

The identification card shall display substantially the same	5503
information as contained in the application and as described in	5504
division (A)(1) of section 4507.51 of the Revised Code, but shall	5505
not display the cardholder's social security number unless the	5506
cardholder specifically requests that the cardholder's social	5507
security number be displayed on the card. If federal law requires	5508
the cardholder's social security number to be displayed on the	5509
identification card, the social security number shall be displayed	5510
on the card notwithstanding this section. The identification card	5511
also shall display the color photograph of the cardholder. If the	5512
cardholder has executed a durable power of attorney for health	5513
care or a declaration governing the use or continuation, or the	5514
withholding or withdrawal, of life-sustaining treatment and has	5515
specified that the cardholder wishes the identification card to	5516
indicate that the cardholder has executed either type of	5517
instrument, the card also shall display any symbol chosen by the	5518
registrar to indicate that the cardholder has executed either type	5519
of instrument. On and after ~~the date that is fifteen months after~~	5520
~~the effectve date of this amendment~~October 7, 2009, if the	5521
cardholder has specified that the cardholder wishes the	5522
identification card to indicate that the cardholder is an	5523
~~honorably discharged~~a veteran, active duty, or reservist of the	5524
armed forces of the United States and has presented a copy of	5525
the cardholder's DD-214 form or an equivalent document, the	5526
card also shall display any symbol chosen by the registrar to	5527
indicate that the cardholder is ~~an honorably discharged~~a	5528
veteran, active duty, or reservist of the armed forces of the	5529
United States. The card shall be sealed in transparent plastic	5530
or similar material and shall be so designed as to prevent its	5531
reproduction or alteration without ready detection.	5532

The identification card for persons under twenty-one years of	5533
age shall have characteristics prescribed by the registrar	5534
distinguishing it from that issued to a person who is twenty-one	5535
years of age or older, except that an identification card issued	5536
to a person who applies no more than thirty days before the	5537
applicant's twenty-first birthday shall have the characteristics	5538
of an identification card issued to a person who is twenty-one	5539
years of age or older.	5540

Every identification card issued to a resident of this state	5541
shall expire, unless canceled or surrendered earlier, on the	5542
birthday of the cardholder in the fourth year after the date on	5543
which it is issued. Every identification card issued to a	5544
temporary resident shall expire in accordance with rules adopted	5545
by the registrar and is nonrenewable, but may be replaced with a	5546
new identification card upon the applicant's compliance with all	5547
applicable requirements. A cardholder may renew the cardholder's	5548
identification card within ninety days prior to the day on which	5549
it expires by filing an application and paying the prescribed fee	5550
in accordance with section 4507.50 of the Revised Code.	5551

If a cardholder applies for a driver's or commercial driver's	5552
license in this state or another licensing jurisdiction, the	5553
cardholder shall surrender the cardholder's identification card to	5554
the registrar or any deputy registrar before the license is	5555
issued.	5556

(B) If a card is lost, destroyed, or mutilated, the person to	5557
whom the card was issued may obtain a duplicate by doing both of	5558
the following:	5559

(1) Furnishing suitable proof of the loss, destruction, or	5560
mutilation to the registrar or a deputy registrar;	5561

(2) Filing an application and presenting documentary evidence	5562
under section 4507.51 of the Revised Code.	5563

Any person who loses a card and, after obtaining a duplicate,	5564
finds the original, immediately shall surrender the original to	5565
the registrar or a deputy registrar.	5566

A cardholder may obtain a replacement identification card	5567
that reflects any change of the cardholder's name by furnishing	5568
suitable proof of the change to the registrar or a deputy	5569
registrar and surrendering the cardholder's existing card.	5570

When a cardholder applies for a duplicate or obtains a	5571
replacement identification card, the cardholder shall pay a fee of	5572
two dollars and fifty cents. A deputy registrar shall be allowed	5573
an additional fee of two dollars and seventy-five cents commencing	5574
on July 1, 2001, three dollars and twenty-five cents commencing on	5575
January 1, 2003, and three dollars and fifty cents commencing on	5576
January 1, 2004, for issuing a duplicate or replacement	5577
identification card. A disabled veteran who is a cardholder and	5578
has a service-connected disability rated at one hundred per cent	5579
by the veterans' administration may apply to the registrar or a	5580
deputy registrar for the issuance of a duplicate or replacement	5581
identification card without payment of any fee prescribed in this	5582
section, and without payment of any lamination fee if the disabled	5583
veteran would not be required to pay a lamination fee in	5584
connection with the issuance of an identification card or	5585
temporary identification card as provided in division (B) of	5586
section 4507.50 of the Revised Code.	5587

A duplicate or replacement identification card shall expire	5588
on the same date as the card it replaces.	5589

(C) The registrar shall cancel any card upon determining that	5590
the card was obtained unlawfully, issued in error, or was altered.	5591
The registrar also shall cancel any card that is surrendered to	5592
the registrar or to a deputy registrar after the holder has	5593
obtained a duplicate, replacement, or driver's or commercial	5594
driver's license.	5595

(D)(1) No agent of the state or its political subdivisions	5596
shall condition the granting of any benefit, service, right, or	5597
privilege upon the possession by any person of an identification	5598
card. Nothing in this section shall preclude any publicly operated	5599
or franchised transit system from using an identification card for	5600
the purpose of granting benefits or services of the system.	5601

(2) No person shall be required to apply for, carry, or	5602
possess an identification card.	5603

(E) Except in regard to an identification card issued to a	5604
person who applies no more than thirty days before the applicant's	5605
twenty-first birthday, neither the registrar nor any deputy	5606
registrar shall issue an identification card to a person under	5607
twenty-one years of age that does not have the characteristics	5608
prescribed by the registrar distinguishing it from the	5609
identification card issued to persons who are twenty-one years of	5610
age or older.	5611

(F) Whoever violates division (E) of this section is guilty	5612
of a minor misdemeanor.	5613

Sec. 4509.05. (A) Upon request, the registrar of motor	5614
vehicles shall search and furnish a certified abstract of the	5615
following information with respect to any person:	5616

(1) An enumeration of the motor vehicle accidents in which	5617
such person has been involved except accidents certified as	5618
described in division (D) of section 3937.41 of the Revised Code;	5619

(2) Such person's record of convictions for violation of the	5620
motor vehicle laws.	5621

(B) The registrar shall collect for each abstract a fee of	5622
~~two~~five dollars.	5623

(C) The registrar may permit deputy registrars to perform a	5624
search and furnish a certified abstract under this section. A	5625
deputy registrar performing this function shall comply with	5626
section 4501.27 of the Revised Code concerning the disclosure of	5627
personal information, shall collect and transmit to the registrar	5628
the ~~two dollar~~five-dollar fee established under division (B) of	5629
this section, and may collect and retain a service fee of ~~three~~	5630
~~dollars and twenty-five cents commencing on the effective date of~~	5631
~~this amendment. If the deputy registrar fees are increased on~~	5632
~~January 1, 2004, in accordance with section 4503.034 of the~~	5633
~~Revised Code, the deputy registrar may collect and retain a~~	5634
~~service fee of~~ three dollars and fifty cents~~, commencing on that~~	5635
~~date~~.	5636

Of each five-dollar fee the registrar collects under this	5637
division, the registrar shall pay two dollars into the state	5638
treasury to the credit of the state bureau of motor vehicles fund	5639
established in section 4501.25 of the Revised Code, sixty cents	5640
into the state treasury to the credit of the trauma and	5641
emergency medical services fund established in section 4513.263	5642
of the Revised Code, sixty cents into the state treasury to the	5643
credit of the homeland security fund established in section	5644
5502.03 of the Revised Code, thirty cents into the state	5645
treasury to the credit of the investigations fund established in	5646
section 5502.131 of the Revised Code, one dollar and twenty-five	5647
cents into the state treasury to the credit of the emergency	5648
management agency service and reimbursement fund established in	5649
section 5502.39 of the Revised Code, and twenty-five cents into	5650
the state treasury to the credit of the justice program services	5651
fund established in section 5502.67 of the Revised Code.	5652

Sec. 4511.01. As used in this chapter and in Chapter 4513.	5653
of the Revised Code:	5654

(A) "Vehicle" means every device, including a motorized	5655
bicycle, in, upon, or by which any person or property may be	5656
transported or drawn upon a highway, except that "vehicle" does	5657
not include any motorized wheelchair, any electric personal	5658
assistive mobility device, any device that is moved by power	5659
collected from overhead electric trolley wires or that is used	5660
exclusively upon stationary rails or tracks, or any device, other	5661
than a bicycle, that is moved by human power.	5662

(B) "Motor vehicle" means every vehicle propelled or drawn by	5663
power other than muscular power or power collected from overhead	5664
electric trolley wires, except motorized bicycles, road rollers,	5665
traction engines, power shovels, power cranes, and other equipment	5666
used in construction work and not designed for or employed in	5667
general highway transportation, hole-digging machinery,	5668
well-drilling machinery, ditch-digging machinery, farm machinery,	5669
and trailers designed and used exclusively to transport a boat	5670
between a place of storage and a marina, or in and around a	5671
marina, when drawn or towed on a street or highway for a distance	5672
of no more than ten miles and at a speed of twenty-five miles per	5673
hour or less.	5674

(C) "Motorcycle" means every motor vehicle, other than a	5675
tractor, having a seat or saddle for the use of the operator and	5676
designed to travel on not more than three wheels in contact with	5677
the ground, including, but not limited to, motor vehicles known as	5678
"motor-driven cycle," "motor scooter," or "motorcycle" without	5679
regard to weight or brake horsepower.	5680

(D) "Emergency vehicle" means emergency vehicles of	5681
municipal, township, or county departments or public utility	5682
corporations when identified as such as required by law, the	5683
director of public safety, or local authorities, and motor	5684
vehicles when commandeered by a police officer.	5685

(E) "Public safety vehicle" means any of the following:

5686

(1) Ambulances, including private ambulance companies under	5687
contract to a municipal corporation, township, or county, and	5688
private ambulances and nontransport vehicles bearing license	5689
plates issued under section 4503.49 of the Revised Code;	5690

(2) Motor vehicles used by public law enforcement officers or	5691
other persons sworn to enforce the criminal and traffic laws of	5692
the state;	5693

(3) Any motor vehicle when properly identified as required by	5694
the director of public safety, when used in response to fire	5695
emergency calls or to provide emergency medical service to ill or	5696
injured persons, and when operated by a duly qualified person who	5697
is a member of a volunteer rescue service or a volunteer fire	5698
department, and who is on duty pursuant to the rules or directives	5699
of that service. The state fire marshal shall be designated by the	5700
director of public safety as the certifying agency for all public	5701
safety vehicles described in division (E)(3) of this section.	5702

(4) Vehicles used by fire departments, including motor	5703
vehicles when used by volunteer fire fighters responding to	5704
emergency calls in the fire department service when identified as	5705
required by the director of public safety.	5706

Any vehicle used to transport or provide emergency medical	5707
service to an ill or injured person, when certified as a public	5708
safety vehicle, shall be considered a public safety vehicle when	5709
transporting an ill or injured person to a hospital regardless of	5710
whether such vehicle has already passed a hospital.	5711

(5) Vehicles used by the motor carrier enforcement unit for	5712
the enforcement of orders and rules of the public utilities	5713
commission as specified in section 5503.34 of the Revised Code.	5714

(F) "School bus" means every bus designed for carrying more	5715
than nine passengers that is owned by a public, private, or	5716
governmental agency or institution of learning and operated for	5717
the transportation of children to or from a school session or a	5718
school function, or owned by a private person and operated for	5719
compensation for the transportation of children to or from a	5720
school session or a school function, provided "school bus" does	5721
not include a bus operated by a municipally owned transportation	5722
system, a mass transit company operating exclusively within the	5723
territorial limits of a municipal corporation, or within such	5724
limits and the territorial limits of municipal corporations	5725
immediately contiguous to such municipal corporation, nor a common	5726
passenger carrier certified by the public utilities commission	5727
unless such bus is devoted exclusively to the transportation of	5728
children to and from a school session or a school function, and	5729
"school bus" does not include a van or bus used by a licensed	5730
child day-care center or type A family day-care home to transport	5731
children from the child day-care center or type A family day-care	5732
home to a school if the van or bus does not have more than fifteen	5733
children in the van or bus at any time.	5734

(G) "Bicycle" means every device, other than a tricycle	5735
designed solely for use as a play vehicle by a child, propelled	5736
solely by human power upon which any person may ride having ~~either~~	5737
two tandem wheels, or one wheel in the front and two wheels in the	5738
rear, or two wheels in the front and one wheel in the rear, any of	5739
which is more than fourteen inches in diameter.	5740

(H) "Motorized bicycle" means any vehicle having either two	5741
tandem wheels or one wheel in the front and two wheels in the	5742
rear, that is capable of being pedaled and is equipped with a	5743
helper motor of not more than fifty cubic centimeters piston	5744
displacement that produces no more than one brake horsepower and	5745
is capable of propelling the vehicle at a speed of no greater than	5746
twenty miles per hour on a level surface.	5747

(I) "Commercial tractor" means every motor vehicle having	5748
motive power designed or used for drawing other vehicles and not	5749
so constructed as to carry any load thereon, or designed or used	5750
for drawing other vehicles while carrying a portion of such other	5751
vehicles, or load thereon, or both.	5752

(J) "Agricultural tractor" means every self-propelling	5753
vehicle designed or used for drawing other vehicles or wheeled	5754
machinery but having no provision for carrying loads independently	5755
of such other vehicles, and used principally for agricultural	5756
purposes.	5757

(K) "Truck" means every motor vehicle, except trailers and	5758
semitrailers, designed and used to carry property.	5759

(L) "Bus" means every motor vehicle designed for carrying	5760
more than nine passengers and used for the transportation of	5761
persons other than in a ridesharing arrangement, and every motor	5762
vehicle, automobile for hire, or funeral car, other than a taxicab	5763
or motor vehicle used in a ridesharing arrangement, designed and	5764
used for the transportation of persons for compensation.	5765

(M) "Trailer" means every vehicle designed or used for	5766
carrying persons or property wholly on its own structure and for	5767
being drawn by a motor vehicle, including any such vehicle when	5768
formed by or operated as a combination of a "semitrailer" and a	5769
vehicle of the dolly type, such as that commonly known as a	5770
"trailer dolly," a vehicle used to transport agricultural produce	5771
or agricultural production materials between a local place of	5772
storage or supply and the farm when drawn or towed on a street or	5773
highway at a speed greater than twenty-five miles per hour, and a	5774
vehicle designed and used exclusively to transport a boat between	5775
a place of storage and a marina, or in and around a marina, when	5776
drawn or towed on a street or highway for a distance of more than	5777
ten miles or at a speed of more than twenty-five miles per hour.	5778

(N) "Semitrailer" means every vehicle designed or used for	5779
carrying persons or property with another and separate motor	5780
vehicle so that in operation a part of its own weight or that of	5781
its load, or both, rests upon and is carried by another vehicle.	5782

(O) "Pole trailer" means every trailer or semitrailer	5783
attached to the towing vehicle by means of a reach, pole, or by	5784
being boomed or otherwise secured to the towing vehicle, and	5785
ordinarily used for transporting long or irregular shaped loads	5786
such as poles, pipes, or structural members capable, generally, of	5787
sustaining themselves as beams between the supporting connections.	5788

(P) "Railroad" means a carrier of persons or property	5789
operating upon rails placed principally on a private right-of-way.	5790

(Q) "Railroad train" means a steam engine or an electric or	5791
other motor, with or without cars coupled thereto, operated by a	5792
railroad.	5793

(R) "Streetcar" means a car, other than a railroad train, for	5794
transporting persons or property, operated upon rails principally	5795
within a street or highway.	5796

(S) "Trackless trolley" means every car that collects its	5797
power from overhead electric trolley wires and that is not	5798
operated upon rails or tracks.	5799

(T) "Explosives" means any chemical compound or mechanical	5800
mixture that is intended for the purpose of producing an explosion	5801
that contains any oxidizing and combustible units or other	5802
ingredients in such proportions, quantities, or packing that an	5803
ignition by fire, by friction, by concussion, by percussion, or by	5804
a detonator of any part of the compound or mixture may cause such	5805
a sudden generation of highly heated gases that the resultant	5806
gaseous pressures are capable of producing destructive effects on	5807
contiguous objects, or of destroying life or limb. Manufactured	5808
articles shall not be held to be explosives when the individual	5809
units contain explosives in such limited quantities, of such	5810
nature, or in such packing, that it is impossible to procure a	5811
simultaneous or a destructive explosion of such units, to the	5812
injury of life, limb, or property by fire, by friction, by	5813
concussion, by percussion, or by a detonator, such as fixed	5814
ammunition for small arms, firecrackers, or safety fuse matches.	5815

(U) "Flammable liquid" means any liquid that has a flash	5816
point of seventy degrees fahrenheit, or less, as determined by a	5817
tagliabue or equivalent closed cup test device.	5818

(V) "Gross weight" means the weight of a vehicle plus the	5819
weight of any load thereon.	5820

(W) "Person" means every natural person, firm,	5821
co-partnership, association, or corporation.	5822

(X) "Pedestrian" means any natural person afoot.

5823

(Y) "Driver or operator" means every person who drives or is	5824
in actual physical control of a vehicle, trackless trolley, or	5825
streetcar.	5826

(Z) "Police officer" means every officer authorized to direct	5827
or regulate traffic, or to make arrests for violations of traffic	5828
regulations.	5829

(AA) "Local authorities" means every county, municipal, and	5830
other local board or body having authority to adopt police	5831
regulations under the constitution and laws of this state.	5832

(BB) "Street" or "highway" means the entire width between the	5833
boundary lines of every way open to the use of the public as a	5834
thoroughfare for purposes of vehicular travel.	5835

(CC) "Controlled-access highway" means every street or	5836
highway in respect to which owners or occupants of abutting lands	5837
and other persons have no legal right of access to or from the	5838
same except at such points only and in such manner as may be	5839
determined by the public authority having jurisdiction over such	5840
street or highway.	5841

(DD) "Private road or driveway" means every way or place in	5842
private ownership used for vehicular travel by the owner and those	5843
having express or implied permission from the owner but not by	5844
other persons.	5845

(EE) "Roadway" means that portion of a highway improved,	5846
designed, or ordinarily used for vehicular travel, except the berm	5847
or shoulder. If a highway includes two or more separate roadways	5848
the term "roadway" means any such roadway separately but not all	5849
such roadways collectively.	5850

(FF) "Sidewalk" means that portion of a street between the	5851
curb lines, or the lateral lines of a roadway, and the adjacent	5852
property lines, intended for the use of pedestrians.	5853

(GG) "Laned highway" means a highway the roadway of which is	5854
divided into two or more clearly marked lanes for vehicular	5855
traffic.	5856

(HH) "Through highway" means every street or highway as	5857
provided in section 4511.65 of the Revised Code.	5858

(II) "State highway" means a highway under the jurisdiction	5859
of the department of transportation, outside the limits of	5860
municipal corporations, provided that the authority conferred upon	5861
the director of transportation in section 5511.01 of the Revised	5862
Code to erect state highway route markers and signs directing	5863
traffic shall not be modified by sections 4511.01 to 4511.79 and	5864
4511.99 of the Revised Code.	5865

(JJ) "State route" means every highway that is designated	5866
with an official state route number and so marked.	5867

(KK) "Intersection" means:

5868

(1) The area embraced within the prolongation or connection	5869
of the lateral curb lines, or, if none, then the lateral boundary	5870
lines of the roadways of two highways which join one another at,	5871
or approximately at, right angles, or the area within which	5872
vehicles traveling upon different highways joining at any other	5873
angle may come in conflict.	5874

(2) Where a highway includes two roadways thirty feet or more	5875
apart, then every crossing of each roadway of such divided highway	5876
by an intersecting highway shall be regarded as a separate	5877
intersection. If an intersecting highway also includes two	5878
roadways thirty feet or more apart, then every crossing of two	5879
roadways of such highways shall be regarded as a separate	5880
intersection.	5881

(3) The junction of an alley with a street or highway, or	5882
with another alley, shall not constitute an intersection.	5883

(LL) "Crosswalk" means:

5884

(1) That part of a roadway at intersections ordinarily	5885
included within the real or projected prolongation of property	5886
lines and curb lines or, in the absence of curbs, the edges of the	5887
traversable roadway;	5888

(2) Any portion of a roadway at an intersection or elsewhere,	5889
distinctly indicated for pedestrian crossing by lines or other	5890
markings on the surface;	5891

(3) Notwithstanding divisions (LL)(1) and (2) of this	5892
section, there shall not be a crosswalk where local authorities	5893
have placed signs indicating no crossing.	5894

(MM) "Safety zone" means the area or space officially set	5895
apart within a roadway for the exclusive use of pedestrians and	5896
protected or marked or indicated by adequate signs as to be	5897
plainly visible at all times.	5898

(NN) "Business district" means the territory fronting upon a	5899
street or highway, including the street or highway, between	5900
successive intersections within municipal corporations where fifty	5901
per cent or more of the frontage between such successive	5902
intersections is occupied by buildings in use for business, or	5903
within or outside municipal corporations where fifty per cent or	5904
more of the frontage for a distance of three hundred feet or more	5905
is occupied by buildings in use for business, and the character of	5906
such territory is indicated by official traffic control devices.	5907

(OO) "Residence district" means the territory, not comprising	5908
a business district, fronting on a street or highway, including	5909
the street or highway, where, for a distance of three hundred feet	5910
or more, the frontage is improved with residences or residences	5911
and buildings in use for business.	5912

(PP) "Urban district" means the territory contiguous to and	5913
including any street or highway which is built up with structures	5914
devoted to business, industry, or dwelling houses situated at	5915
intervals of less than one hundred feet for a distance of a	5916
quarter of a mile or more, and the character of such territory is	5917
indicated by official traffic control devices.	5918

(QQ) "Traffic control devices" means all flaggers, signs,	5919
signals, markings, and devices placed or erected by authority of a	5920
public body or official having jurisdiction, for the purpose of	5921
regulating, warning, or guiding traffic, including signs denoting	5922
names of streets and highways.	5923

(RR) "Traffic control signal" means any device, whether	5924
manually, electrically, or mechanically operated, by which traffic	5925
is alternately directed to stop, to proceed, to change direction,	5926
or not to change direction.	5927

(SS) "Railroad sign or signal" means any sign, signal, or	5928
device erected by authority of a public body or official or by a	5929
railroad and intended to give notice of the presence of railroad	5930
tracks or the approach of a railroad train.	5931

(TT) "Traffic" means pedestrians, ridden or herded animals,	5932
vehicles, streetcars, trackless trolleys, and other devices,	5933
either singly or together, while using any highway for purposes of	5934
travel.	5935

(UU) "Right-of-way" means either of the following, as the	5936
context requires:	5937

(1) The right of a vehicle, streetcar, trackless trolley, or	5938
pedestrian to proceed uninterruptedly in a lawful manner in the	5939
direction in which it or the individual is moving in preference to	5940
another vehicle, streetcar, trackless trolley, or pedestrian	5941
approaching from a different direction into its or the	5942
individual's path;	5943

(2) A general term denoting land, property, or the interest	5944
therein, usually in the configuration of a strip, acquired for or	5945
devoted to transportation purposes. When used in this context,	5946
right-of-way includes the roadway, shoulders or berm, ditch, and	5947
slopes extending to the right-of-way limits under the control of	5948
the state or local authority.	5949

(VV) "Rural mail delivery vehicle" means every vehicle used	5950
to deliver United States mail on a rural mail delivery route.	5951

(WW) "Funeral escort vehicle" means any motor vehicle,	5952
including a funeral hearse, while used to facilitate the movement	5953
of a funeral procession.	5954

(XX) "Alley" means a street or highway intended to provide	5955
access to the rear or side of lots or buildings in urban districts	5956
and not intended for the purpose of through vehicular traffic, and	5957
includes any street or highway that has been declared an "alley"	5958
by the legislative authority of the municipal corporation in which	5959
such street or highway is located.	5960

(YY) "Freeway" means a divided multi-lane highway for through	5961
traffic with all crossroads separated in grade and with full	5962
control of access.	5963

(ZZ) "Expressway" means a divided arterial highway for	5964
through traffic with full or partial control of access with an	5965
excess of fifty per cent of all crossroads separated in grade.	5966

(AAA) "Thruway" means a through highway whose entire roadway	5967
is reserved for through traffic and on which roadway parking is	5968
prohibited.	5969

(BBB) "Stop intersection" means any intersection at one or	5970
more entrances of which stop signs are erected.	5971

(CCC) "Arterial street" means any United States or state	5972
numbered route, controlled access highway, or other major radial	5973
or circumferential street or highway designated by local	5974
authorities within their respective jurisdictions as part of a	5975
major arterial system of streets or highways.	5976

(DDD) "Ridesharing arrangement" means the transportation of	5977
persons in a motor vehicle where such transportation is incidental	5978
to another purpose of a volunteer driver and includes ridesharing	5979
arrangements known as carpools, vanpools, and buspools.	5980

(EEE) "Motorized wheelchair" means any self-propelled vehicle	5981
designed for, and used by, a handicapped person and that is	5982
incapable of a speed in excess of eight miles per hour.	5983

(FFF) "Child day-care center" and "type A family day-care	5984
home" have the same meanings as in section 5104.01 of the Revised	5985
Code.	5986

(GGG) "Multi-wheel agricultural tractor" means a type of	5987
agricultural tractor that has two or more wheels or tires on each	5988
side of one axle at the rear of the tractor, is designed or used	5989
for drawing other vehicles or wheeled machinery, has no provision	5990
for carrying loads independently of the drawn vehicles or	5991
machinery, and is used principally for agricultural purposes.	5992

(HHH) "Operate" means to cause or have caused movement of a	5993
vehicle, streetcar, or trackless trolley.	5994

(III) "Predicate motor vehicle or traffic offense" means any	5995
of the following:	5996

(1) A violation of section 4511.03, 4511.051, 4511.12,	5997
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	5998
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	5999
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	6000
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	6001
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	6002
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	6003
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	6004
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	6005
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	6006
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	6007

(2) A violation of division (A)(2) of section 4511.17,	6008
divisions (A) to (D) of section 4511.51, or division (A) of	6009
section 4511.74 of the Revised Code;	6010

(3) A violation of any provision of sections 4511.01 to	6011
4511.76 of the Revised Code for which no penalty otherwise is	6012
provided in the section that contains the provision violated;	6013

(4) A violation of a municipal ordinance that is	6014
substantially similar to any section or provision set forth or	6015
described in division (III)(1), (2), or (3) of this section.	6016

(JJJ) "Road service vehicle" means wreckers, utility repair	6017
vehicles, and state, county, and municipal service vehicles	6018
equipped with visual signals by means of flashing, rotating, or	6019
oscillating lights.	6020

Sec. 4511.093. (A)(1) No law enforcement officer who stops	6021
the operator of a motor vehicle in the course of an authorized	6022
sobriety or other motor vehicle checkpoint operation or a motor	6023
vehicle safety inspection shall issue a ticket, citation, or	6024
summons for a secondary traffic offense unless in the course of	6025
the checkpoint operation or safety inspection the officer first	6026
determines that an offense other than a secondary traffic offense	6027
has occurred and either places the operator or a vehicle occupant	6028
under arrest or issues a ticket, citation, or summons to the	6029
operator or a vehicle occupant for an offense other than a	6030
secondary offense.	6031

(2) A law enforcement agency that operates a motor vehicle	6032
checkpoint for an express purpose related to a secondary traffic	6033
offense shall not issue a ticket, citation, or summons for any	6034
secondary traffic offense at such a checkpoint, but may use such a	6035
checkpoint operation to conduct a public awareness campaign and	6036
distribute information.	6037

(B) As used in this section, "secondary traffic offense"	6038
means a violation of division (A) or (F)(2) of section 4507.05,	6039
division (B)(1)(a) or (b) or (E) of section 4507.071, division	6040
(C) or (D) of section 4511.81, division (A)(3) of section	6041
4513.03, or division (B) of section 4513.263 of the Revised	6042
Code.	6043

Sec. 4511.108. The director of transportation shall adopt	6044
rules under Chapter 119. of the Revised Code to establish a	6045
traffic generator sign program and shall set forth in the	6046
traffic engineering manual the specifications for a uniform system	6047
of traffic generator signs and the criteria for participation in	6048
the program. The department of transportation shall operate,	6049
construct, and maintain the program. The director shall establish,	6050
and, subject to approval by the controlling board, may revise at	6051
any time, an annual fee to be charged for a qualifying private	6052
business to participate in the traffic generator sign program.	6053
Money paid by the qualifying private business shall be remitted	6054
to the department and shall be deposited into the highway	6055
operating fund.	6056

Sec. 4511.181. As used in sections 4511.181 to ~~4511.199~~	6057
4511.198 of the Revised Code:	6058

(A) "Equivalent offense" means any of the following:

6059

(1) A violation of division (A) or (B) of section 4511.19 of	6060
the Revised Code;	6061

(2) A violation of a municipal OVI ordinance;

6062

(3) A violation of section 2903.04 of the Revised Code in a	6063
case in which the offender was subject to the sanctions described	6064
in division (D) of that section;	6065

(4) A violation of division (A)(1) of section 2903.06 or	6066
2903.08 of the Revised Code or a municipal ordinance that is	6067
substantially equivalent to either of those divisions;	6068

(5) A violation of division (A)(2), (3), or (4) of section	6069
2903.06, division (A)(2) of section 2903.08, or former section	6070
2903.07 of the Revised Code, or a municipal ordinance that is	6071
substantially equivalent to any of those divisions or that former	6072
section, in a case in which a judge or jury as the trier of fact	6073
found that the offender was under the influence of alcohol, a drug	6074
of abuse, or a combination of them;	6075

(6) A violation of division (A) or (B) of section 1547.11 of	6076
the Revised Code;	6077

(7) A violation of a municipal ordinance prohibiting a person	6078
from operating or being in physical control of any vessel underway	6079
or from manipulating any water skis, aquaplane, or similar device	6080
on the waters of this state while under the influence of alcohol,	6081
a drug of abuse, or a combination of them or prohibiting a person	6082
from operating or being in physical control of any vessel underway	6083
or from manipulating any water skis, aquaplane, or similar device	6084
on the waters of this state with a prohibited concentration of	6085
alcohol, a controlled substance, or a metabolite of a controlled	6086
substance in the whole blood, blood serum or plasma, breath, or	6087
urine;	6088

(8) A violation of an existing or former municipal ordinance,	6089
law of another state, or law of the United States that is	6090
substantially equivalent to division (A) or (B) of section 4511.19	6091
or division (A) or (B) of section 1547.11 of the Revised Code;	6092

(9) A violation of a former law of this state that was	6093
substantially equivalent to division (A) or (B) of section 4511.19	6094
or division (A) or (B) of section 1547.11 of the Revised Code.	6095

(B) "Mandatory jail term" means the mandatory term in jail of	6096
three, six, ten, twenty, thirty, or sixty days that must be	6097
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	6098
of the Revised Code upon an offender convicted of a violation of	6099
division (A) of that section and in relation to which all of the	6100
following apply:	6101

(1) Except as specifically authorized under section 4511.19	6102
of the Revised Code, the term must be served in a jail.	6103

(2) Except as specifically authorized under section 4511.19	6104
of the Revised Code, the term cannot be suspended, reduced, or	6105
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	6106
other provision of the Revised Code.	6107

(C) "Municipal OVI ordinance" and "municipal OVI offense"	6108
mean any municipal ordinance prohibiting a person from operating a	6109
vehicle while under the influence of alcohol, a drug of abuse, or	6110
a combination of them or prohibiting a person from operating a	6111
vehicle with a prohibited concentration of alcohol, a controlled	6112
substance, or a metabolite of a controlled substance in the whole	6113
blood, blood serum or plasma, breath, or urine.	6114

(D) "Community residential sanction," "continuous alcohol	6115
monitoring," "jail," "mandatory prison term," "mandatory term of	6116
local incarceration," "sanction," and "prison term" have the same	6117
meanings as in section 2929.01 of the Revised Code.	6118

(E) "Drug of abuse" has the same meaning as in section	6119
4506.01 of the Revised Code.	6120

(F) "Equivalent offense that is vehicle-related" means an	6121
equivalent offense that is any of the following:	6122

(1) A violation described in division (A)(1), (2), (3), (4),	6123
or (5) of this section;	6124

(2) A violation of an existing or former municipal ordinance,	6125
law of another state, or law of the United States that is	6126
substantially equivalent to division (A) or (B) of section 4511.19	6127
of the Revised Code;	6128

(3) A violation of a former law of this state that was	6129
substantially equivalent to division (A) or (B) of section 4511.19	6130
of the Revised Code.	6131

Sec. 4511.191. (A)(1) As used in this section:

6132

(a) "Physical control" has the same meaning as in section	6133
4511.194 of the Revised Code.	6134

(b) "Alcohol monitoring device" means any device that	6135
provides for continuous alcohol monitoring, any ignition interlock	6136
device, any immobilizing or disabling device other than an	6137
ignition interlock device that is constantly available to monitor	6138
the concentration of alcohol in a person's system, or any other	6139
device that provides for the automatic testing and periodic	6140
reporting of alcohol consumption by a person and that a court	6141
orders a person to use as a sanction imposed as a result of the	6142
person's conviction of or plea of guilty to an offense.	6143

(2) Any person who operates a vehicle, streetcar, or	6144
trackless trolley upon a highway or any public or private property	6145
used by the public for vehicular travel or parking within this	6146
state or who is in physical control of a vehicle, streetcar, or	6147
trackless trolley shall be deemed to have given consent to a	6148
chemical test or tests of the person's whole blood, blood serum	6149
or plasma, breath, or urine to determine the alcohol, drug of	6150
abuse, controlled substance, metabolite of a controlled	6151
substance, or combination content of the person's whole blood,	6152
blood serum or plasma, breath, or urine if arrested for a	6153
violation of division (A) or (B) of section 4511.19 of the	6154
Revised Code, section 4511.194 of the Revised Code or a	6155
substantially equivalent municipal ordinance, or a municipal OVI	6156
ordinance.	6157

(3) The chemical test or tests under division (A)(2) of this	6158
section shall be administered at the request of a law enforcement	6159
officer having reasonable grounds to believe the person was	6160
operating or in physical control of a vehicle, streetcar, or	6161
trackless trolley in violation of a division, section, or	6162
ordinance identified in division (A)(2) of this section. The law	6163
enforcement agency by which the officer is employed shall	6164
designate which of the tests shall be administered.	6165

(4) Any person who is dead or unconscious, or who otherwise	6166
is in a condition rendering the person incapable of refusal, shall	6167
be deemed to have consented as provided in division (A)(2) of this	6168
section, and the test or tests may be administered, subject to	6169
sections 313.12 to 313.16 of the Revised Code.	6170

(5)(a) If a law enforcement officer arrests a person for a	6171
violation of division (A) or (B) of section 4511.19 of the Revised	6172
Code, section 4511.194 of the Revised Code or a substantially	6173
equivalent municipal ordinance, or a municipal OVI ordinance and	6174
if the person if convicted would be required to be sentenced under	6175
division (G)(1)(c), (d), or (e) of section 4511.19 of the	6176
Revised Code, the law enforcement officer shall request the	6177
person to submit, and the person shall submit, to a chemical	6178
test or tests of the person's whole blood, blood serum or	6179
plasma, breath, or urine for the purpose of determining the	6180
alcohol, drug of abuse, controlled substance, metabolite of a	6181
controlled substance, or combination content of the person's	6182
whole blood, blood serum or plasma, breath, or urine. A law	6183
enforcement officer who makes a request pursuant to this	6184
division that a person submit to a chemical test or tests is not	6185
required to advise the person of the consequences of submitting	6186
to, or refusing to submit to, the test or tests and is not	6187
required to give the person the form described in division (B) of	6188
section 4511.192 of the Revised Code, but the officer shall	6189
advise the person at the time of the arrest that if the person	6190
refuses to take a chemical test the officer may employ whatever	6191
reasonable means are necessary to ensure that the person submits	6192
to a chemical test of the person's whole blood or blood serum or	6193
plasma. The officer shall also advise the person at the time of	6194
the arrest that the person may have an independent chemical test	6195
taken at the person's own expense. Divisions (A)(3) and (4) of	6196
this section apply to the administration of a chemical test or	6197
tests pursuant to this division.	6198

(b) If a person refuses to submit to a chemical test upon a	6199
request made pursuant to division (A)(5)(a) of this section, the	6200
law enforcement officer who made the request may employ whatever	6201
reasonable means are necessary to ensure that the person submits	6202
to a chemical test of the person's whole blood or blood serum or	6203
plasma. A law enforcement officer who acts pursuant to this	6204
division to ensure that a person submits to a chemical test of the	6205
person's whole blood or blood serum or plasma is immune from	6206
criminal and civil liability based upon a claim for assault and	6207
battery or any other claim for the acts, unless the officer so	6208
acted with malicious purpose, in bad faith, or in a wanton or	6209
reckless manner.	6210

(B)(1) Upon receipt of the sworn report of a law enforcement	6211
officer who arrested a person for a violation of division (A) or	6212
(B) of section 4511.19 of the Revised Code, section 4511.194 of	6213
the Revised Code or a substantially equivalent municipal	6214
ordinance, or a municipal OVI ordinance that was completed and	6215
sent to the registrar and a court pursuant to section 4511.192 of	6216
the Revised Code in regard to a person who refused to take the	6217
designated chemical test, the registrar shall enter into the	6218
registrar's records the fact that the person's driver's or	6219
commercial driver's license or permit or nonresident operating	6220
privilege was suspended by the arresting officer under this	6221
division and that section and the period of the suspension, as	6222
determined under this section. The suspension shall be subject to	6223
appeal as provided in section 4511.197 of the Revised Code. The	6224
suspension shall be for whichever of the following periods	6225
applies:	6226

(a) Except when division (B)(1)(b), (c), or (d) of this	6227
section applies and specifies a different class or length of	6228
suspension, the suspension shall be a class C suspension for the	6229
period of time specified in division (B)(3) of section 4510.02 of	6230
the Revised Code.	6231

(b) If the arrested person, within six years of the date on	6232
which the person refused the request to consent to the chemical	6233
test, had refused one previous request to consent to a chemical	6234
test or had been convicted of or pleaded guilty to one violation	6235
of division (A) or (B) of section 4511.19 of the Revised Code or	6236
one other equivalent offense, the suspension shall be a class B	6237
suspension imposed for the period of time specified in division	6238
(B)(2) of section 4510.02 of the Revised Code.	6239

(c) If the arrested person, within six years of the date on	6240
which the person refused the request to consent to the chemical	6241
test, had refused two previous requests to consent to a chemical	6242
test, had been convicted of or pleaded guilty to two violations of	6243
division (A) or (B) of section 4511.19 of the Revised Code or	6244
other equivalent offenses, or had refused one previous request to	6245
consent to a chemical test and also had been convicted of or	6246
pleaded guilty to one violation of division (A) or (B) of section	6247
4511.19 of the Revised Code or other equivalent offenses, which	6248
violation or offense arose from an incident other than the	6249
incident that led to the refusal, the suspension shall be a class	6250
A suspension imposed for the period of time specified in division	6251
(B)(1) of section 4510.02 of the Revised Code.	6252

(d) If the arrested person, within six years of the date on	6253
which the person refused the request to consent to the chemical	6254
test, had refused three or more previous requests to consent to a	6255
chemical test, had been convicted of or pleaded guilty to three or	6256
more violations of division (A) or (B) of section 4511.19 of the	6257
Revised Code or other equivalent offenses, or had refused a number	6258
of previous requests to consent to a chemical test and also had	6259
been convicted of or pleaded guilty to a number of violations of	6260
division (A) or (B) of section 4511.19 of the Revised Code or	6261
other equivalent offenses that cumulatively total three or more	6262
such refusals, convictions, and guilty pleas, the suspension shall	6263
be for five years.	6264

(2) The registrar shall terminate a suspension of the	6265
driver's or commercial driver's license or permit of a resident or	6266
of the operating privilege of a nonresident, or a denial of a	6267
driver's or commercial driver's license or permit, imposed	6268
pursuant to division (B)(1) of this section upon receipt of notice	6269
that the person has entered a plea of guilty to, or that the	6270
person has been convicted after entering a plea of no contest to,	6271
operating a vehicle in violation of section 4511.19 of the Revised	6272
Code or in violation of a municipal OVI ordinance, if the offense	6273
for which the conviction is had or the plea is entered arose from	6274
the same incident that led to the suspension or denial.	6275

The registrar shall credit against any judicial suspension of	6276
a person's driver's or commercial driver's license or permit or	6277
nonresident operating privilege imposed pursuant to section	6278
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	6279
Revised Code for a violation of a municipal OVI ordinance, any	6280
time during which the person serves a related suspension imposed	6281
pursuant to division (B)(1) of this section.	6282

(C)(1) Upon receipt of the sworn report of the law	6283
enforcement officer who arrested a person for a violation of	6284
division (A) or (B) of section 4511.19 of the Revised Code or a	6285
municipal OVI ordinance that was completed and sent to the	6286
registrar and a court pursuant to section 4511.192 of the Revised	6287
Code in regard to a person whose test results indicate that the	6288
person's whole blood, blood serum or plasma, breath, or urine	6289
contained at least the concentration of alcohol specified in	6290
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	6291
Revised Code or at least the concentration of a listed controlled	6292
substance or a listed metabolite of a controlled substance	6293
specified in division (A)(1)(j) of section 4511.19 of the Revised	6294
Code, the registrar shall enter into the registrar's records the	6295
fact that the person's driver's or commercial driver's license or	6296
permit or nonresident operating privilege was suspended by the	6297
arresting officer under this division and section 4511.192 of the	6298
Revised Code and the period of the suspension, as determined	6299
under divisions (C)(1)(a) to (d) of this section. The suspension	6300
shall be subject to appeal as provided in section 4511.197 of the	6301
Revised Code. The suspension described in this division does not	6302
apply to, and shall not be imposed upon, a person arrested for a	6303
violation of section 4511.194 of the Revised Code or a	6304
substantially equivalent municipal ordinance who submits to a	6305
designated chemical test. The suspension shall be for whichever of	6306
the following periods applies:	6307

(a) Except when division (C)(1)(b), (c), or (d) of this	6308
section applies and specifies a different period, the suspension	6309
shall be a class E suspension imposed for the period of time	6310
specified in division (B)(5) of section 4510.02 of the Revised	6311
Code.	6312

(b) The suspension shall be a class C suspension for the	6313
period of time specified in division (B)(3) of section 4510.02 of	6314
the Revised Code if the person has been convicted of or pleaded	6315
guilty to, within six years of the date the test was conducted,	6316
one violation of division (A) or (B) of section 4511.19 of the	6317
Revised Code or one other equivalent offense.	6318

(c) If, within six years of the date the test was conducted,	6319
the person has been convicted of or pleaded guilty to two	6320
violations of a statute or ordinance described in division	6321
(C)(1)(b) of this section, the suspension shall be a class B	6322
suspension imposed for the period of time specified in division	6323
(B)(2) of section 4510.02 of the Revised Code.	6324

(d) If, within six years of the date the test was conducted,	6325
the person has been convicted of or pleaded guilty to more than	6326
two violations of a statute or ordinance described in division	6327
(C)(1)(b) of this section, the suspension shall be a class A	6328
suspension imposed for the period of time specified in division	6329
(B)(1) of section 4510.02 of the Revised Code.	6330

(2) The registrar shall terminate a suspension of the	6331
driver's or commercial driver's license or permit of a resident or	6332
of the operating privilege of a nonresident, or a denial of a	6333
driver's or commercial driver's license or permit, imposed	6334
pursuant to division (C)(1) of this section upon receipt of notice	6335
that the person has entered a plea of guilty to, or that the	6336
person has been convicted after entering a plea of no contest to,	6337
operating a vehicle in violation of section 4511.19 of the Revised	6338
Code or in violation of a municipal OVI ordinance, if the offense	6339
for which the conviction is had or the plea is entered arose from	6340
the same incident that led to the suspension or denial.	6341

The registrar shall credit against any judicial suspension of	6342
a person's driver's or commercial driver's license or permit or	6343
nonresident operating privilege imposed pursuant to section	6344
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	6345
Revised Code for a violation of a municipal OVI ordinance, any	6346
time during which the person serves a related suspension imposed	6347
pursuant to division (C)(1) of this section.	6348

(D)(1) A suspension of a person's driver's or commercial	6349
driver's license or permit or nonresident operating privilege	6350
under this section for the time described in division (B) or (C)	6351
of this section is effective immediately from the time at which	6352
the arresting officer serves the notice of suspension upon the	6353
arrested person. Any subsequent finding that the person is not	6354
guilty of the charge that resulted in the person being requested	6355
to take the chemical test or tests under division (A) of this	6356
section does not affect the suspension.	6357

(2) If a person is arrested for operating a vehicle,	6358
streetcar, or trackless trolley in violation of division (A) or	6359
(B) of section 4511.19 of the Revised Code or a municipal OVI	6360
ordinance, or for being in physical control of a vehicle,	6361
streetcar, or trackless trolley in violation of section 4511.194	6362
of the Revised Code or a substantially equivalent municipal	6363
ordinance, regardless of whether the person's driver's or	6364
commercial driver's license or permit or nonresident operating	6365
privilege is or is not suspended under division (B) or (C) of this	6366
section or Chapter 4510. of the Revised Code, the person's initial	6367
appearance on the charge resulting from the arrest shall be held	6368
within five days of the person's arrest or the issuance of the	6369
citation to the person, subject to any continuance granted by the	6370
court pursuant to section 4511.197 of the Revised Code regarding	6371
the issues specified in that division.	6372

(E) When it finally has been determined under the procedures	6373
of this section and sections 4511.192 to 4511.197 of the Revised	6374
Code that a nonresident's privilege to operate a vehicle within	6375
this state has been suspended, the registrar shall give	6376
information in writing of the action taken to the motor vehicle	6377
administrator of the state of the person's residence and of any	6378
state in which the person has a license.	6379

(F) At the end of a suspension period under this section,	6380
under section 4511.194, section 4511.196, or division (G) of	6381
section 4511.19 of the Revised Code, or under section 4510.07 of	6382
the Revised Code for a violation of a municipal OVI ordinance and	6383
upon the request of the person whose driver's or commercial	6384
driver's license or permit was suspended and who is not otherwise	6385
subject to suspension, cancellation, or disqualification, the	6386
registrar shall return the driver's or commercial driver's license	6387
or permit to the person upon the occurrence of all of the	6388
conditions specified in divisions (F)(1) and (2) of this section:	6389

(1) A showing that the person has proof of financial	6390
responsibility, a policy of liability insurance in effect that	6391
meets the minimum standards set forth in section 4509.51 of the	6392
Revised Code, or proof, to the satisfaction of the registrar, that	6393
the person is able to respond in damages in an amount at least	6394
equal to the minimum amounts specified in section 4509.51 of the	6395
Revised Code.	6396

(2) Subject to the limitation contained in division (F)(3) of	6397
this section, payment by the person to the bureau of motor	6398
vehicles of a license reinstatement fee of four hundred	6399
seventy-five dollars, which fee shall be deposited in the state	6400
treasury and credited as follows:	6401

(a) One hundred twelve dollars and fifty cents shall be	6402
credited to the statewide treatment and prevention fund created by	6403
section 4301.30 of the Revised Code. The fund shall be used to	6404
pay the costs of driver treatment and intervention programs	6405
operated pursuant to sections 3793.02 and 3793.10 of the Revised	6406
Code. The director of alcohol and drug addiction services shall	6407
determine the share of the fund that is to be allocated to alcohol	6408
and drug addiction programs authorized by section 3793.02 of the	6409
Revised Code, and the share of the fund that is to be allocated to	6410
drivers' intervention programs authorized by section 3793.10 of	6411
the Revised Code.	6412

(b) Seventy-five dollars shall be credited to the reparations	6413
fund created by section 2743.191 of the Revised Code.	6414

(c) Thirty-seven dollars and fifty cents shall be credited to	6415
the indigent drivers alcohol treatment fund, which is hereby	6416
established. Except as otherwise provided in division (F)(2)(c) of	6417
this section, moneys in the fund shall be distributed by the	6418
department of alcohol and drug addiction services to the county	6419
indigent drivers alcohol treatment funds, the county juvenile	6420
indigent drivers alcohol treatment funds, and the municipal	6421
indigent drivers alcohol treatment funds that are required to be	6422
established by counties and municipal corporations pursuant to	6423
this section, and shall be used only to pay the cost of an alcohol	6424
and drug addiction treatment program attended by an offender or	6425
juvenile traffic offender who is ordered to attend an alcohol and	6426
drug addiction treatment program by a county, juvenile, or	6427
municipal court judge and who is determined by the county,	6428
juvenile, or municipal court judge not to have the means to pay	6429
for the person's attendance at the program or to pay the costs	6430
specified in division (H)(4) of this section in accordance with	6431
that division. In addition, a county, juvenile, or municipal court	6432
judge may use moneys in the county indigent drivers alcohol	6433
treatment fund, county juvenile indigent drivers alcohol treatment	6434
fund, or municipal indigent drivers alcohol treatment fund to pay	6435
for the cost of the continued use of an alcohol monitoring device	6436
as described in divisions (H)(3) and (4) of this section. Moneys	6437
in the fund that are not distributed to a county indigent drivers	6438
alcohol treatment fund, a county juvenile indigent drivers alcohol	6439
treatment fund, or a municipal indigent drivers alcohol treatment	6440
fund under division (H) of this section because the director of	6441
alcohol and drug addiction services does not have the information	6442
necessary to identify the county or municipal corporation where	6443
the offender or juvenile offender was arrested may be transferred	6444
by the director of budget and management to the statewide	6445
treatment and prevention fund created by section 4301.30 of the	6446
Revised Code, upon certification of the amount by the director of	6447
alcohol and drug addiction services.	6448

(d) Seventy-five dollars shall be credited to the Ohio	6449
rehabilitation services commission established by section 3304.12	6450
of the Revised Code, to the services for rehabilitation fund,	6451
which is hereby established. The fund shall be used to match	6452
available federal matching funds where appropriate, and for any	6453
other purpose or program of the commission to rehabilitate people	6454
with disabilities to help them become employed and independent.	6455

(e) Seventy-five dollars shall be deposited into the state	6456
treasury and credited to the drug abuse resistance education	6457
programs fund, which is hereby established, to be used by the	6458
attorney general for the purposes specified in division (F)(4) of	6459
this section.	6460

(f) Thirty dollars shall be credited to the state bureau of	6461
motor vehicles fund created by section 4501.25 of the Revised	6462
Code.	6463

(g) Twenty dollars shall be credited to the trauma and	6464
emergency medical services grants fund created by section 4513.263	6465
of the Revised Code.	6466

(h) Fifty dollars shall be credited to the indigent drivers	6467
interlock and alcohol monitoring fund, which is hereby established	6468
in the state treasury. Monies in the fund shall be distributed by	6469
the department of public safety to the county indigent drivers	6470
interlock and alcohol monitoring funds, the county juvenile	6471
indigent drivers interlock and alcohol monitoring funds, and the	6472
municipal indigent drivers interlock and alcohol monitoring funds	6473
that are required to be established by counties and municipal	6474
corporations pursuant to this section, and shall be used only to	6475
pay the cost of an immobilizing or disabling device, including a	6476
certified ignition interlock device, or an alcohol monitoring	6477
device used by an offender or juvenile offender who is ordered to	6478
use the device by a county, juvenile, or municipal court judge and	6479
who is determined by the county, juvenile, or municipal court	6480
judge not to have the means to pay for the person's use of the	6481
device.	6482

(3) If a person's driver's or commercial driver's license or	6483
permit is suspended under this section, under section 4511.196 or	6484
division (G) of section 4511.19 of the Revised Code, under section	6485
4510.07 of the Revised Code for a violation of a municipal OVI	6486
ordinance or under any combination of the suspensions described in	6487
division (F)(3) of this section, and if the suspensions arise from	6488
a single incident or a single set of facts and circumstances, the	6489
person is liable for payment of, and shall be required to pay to	6490
the bureau, only one reinstatement fee of four hundred ~~twenty-five~~	6491
seventy-five dollars. The reinstatement fee shall be distributed	6492
by the bureau in accordance with division (F)(2) of this section.	6493

(4) The attorney general shall use amounts in the drug abuse	6494
resistance education programs fund to award grants to law	6495
enforcement agencies to establish and implement drug abuse	6496
resistance education programs in public schools. Grants awarded to	6497
a law enforcement agency under this section shall be used by the	6498
agency to pay for not more than fifty per cent of the amount of	6499
the salaries of law enforcement officers who conduct drug abuse	6500
resistance education programs in public schools. The attorney	6501
general shall not use more than six per cent of the amounts the	6502
attorney general's office receives under division (F)(2)(e) of	6503
this section to pay the costs it incurs in administering the grant	6504
program established by division (F)(2)(e) of this section and in	6505
providing training and materials relating to drug abuse resistance	6506
education programs.	6507

The attorney general shall report to the governor and the	6508
general assembly each fiscal year on the progress made in	6509
establishing and implementing drug abuse resistance education	6510
programs. These reports shall include an evaluation of the	6511
effectiveness of these programs.	6512

(G) Suspension of a commercial driver's license under	6513
division (B) or (C) of this section shall be concurrent with any	6514
period of disqualification under section 3123.611 or 4506.16 of	6515
the Revised Code or any period of suspension under section 3123.58	6516
of the Revised Code. No person who is disqualified for life from	6517
holding a commercial driver's license under section 4506.16 of the	6518
Revised Code shall be issued a driver's license under Chapter	6519
4507. of the Revised Code during the period for which the	6520
commercial driver's license was suspended under division (B) or	6521
(C) of this section. No person whose commercial driver's license	6522
is suspended under division (B) or (C) of this section shall be	6523
issued a driver's license under Chapter 4507. of the Revised Code	6524
during the period of the suspension.	6525

(H)(1) Each county shall establish an indigent drivers	6526
alcohol treatment fund, each county shall establish a juvenile	6527
indigent drivers alcohol treatment fund, and each municipal	6528
corporation in which there is a municipal court shall establish an	6529
indigent drivers alcohol treatment fund. All revenue that the	6530
general assembly appropriates to the indigent drivers alcohol	6531
treatment fund for transfer to a county indigent drivers alcohol	6532
treatment fund, a county juvenile indigent drivers alcohol	6533
treatment fund, or a municipal indigent drivers alcohol treatment	6534
fund, all portions of fees that are paid under division (F) of	6535
this section and that are credited under that division to the	6536
indigent drivers alcohol treatment fund in the state treasury for	6537
a county indigent drivers alcohol treatment fund, a county	6538
juvenile indigent drivers alcohol treatment fund, or a municipal	6539
indigent drivers alcohol treatment fund, all portions of	6540
additional costs imposed under section 2949.094 of the Revised	6541
Code that are specified for deposit into a county, county	6542
juvenile, or municipal indigent drivers alcohol treatment fund by	6543
that section, and all portions of fines that are specified for	6544
deposit into a county or municipal indigent drivers alcohol	6545
treatment fund by section 4511.193 of the Revised Code shall be	6546
deposited into that county indigent drivers alcohol treatment	6547
fund, county juvenile indigent drivers alcohol treatment fund, or	6548
municipal indigent drivers alcohol treatment fund. The portions of	6549
the fees paid under division (F) of this section that are to be so	6550
deposited shall be determined in accordance with division (H)(2)	6551
of this section. Additionally, all portions of fines that are	6552
paid for a violation of section 4511.19 of the Revised Code or	6553
of any prohibition contained in Chapter 4510. of the Revised	6554
Code, and that are required under section 4511.19 or any provision	6555
of Chapter 4510. of the Revised Code to be deposited into a	6556
county indigent drivers alcohol treatment fund or municipal	6557
indigent drivers alcohol treatment fund shall be deposited into	6558
the appropriate fund in accordance with the applicable division of	6559
the section or provision.	6560

(2) That portion of the license reinstatement fee that is	6561
paid under division (F) of this section and that is credited under	6562
that division to the indigent drivers alcohol treatment fund	6563
shall be deposited into a county indigent drivers alcohol	6564
treatment fund, a county juvenile indigent drivers alcohol	6565
treatment fund, or a municipal indigent drivers alcohol treatment	6566
fund as follows:	6567

(a) Regarding a suspension imposed under this section, that	6568
portion of the fee shall be deposited as follows:	6569

(i) If the fee is paid by a person who was charged in a	6570
county court with the violation that resulted in the suspension	6571
or in the imposition of the court costs, the portion shall be	6572
deposited into the county indigent drivers alcohol treatment fund	6573
under the control of that court;	6574

(ii) If the fee is paid by a person who was charged in a	6575
juvenile court with the violation that resulted in the suspension	6576
or in the imposition of the court costs, the portion shall be	6577
deposited into the county juvenile indigent drivers alcohol	6578
treatment fund established in the county served by the court;	6579

(iii) If the fee is paid by a person who was charged in a	6580
municipal court with the violation that resulted in the	6581
suspension or in the imposition of the court costs, the portion	6582
shall be deposited into the municipal indigent drivers alcohol	6583
treatment fund under the control of that court.	6584

(b) Regarding a suspension imposed under section 4511.19 of	6585
the Revised Code or under section 4510.07 of the Revised Code for	6586
a violation of a municipal OVI ordinance, that portion of the fee	6587
shall be deposited as follows:	6588

(i) If the fee is paid by a person whose license or permit	6589
was suspended by a county court, the portion shall be deposited	6590
into the county indigent drivers alcohol treatment fund under the	6591
control of that court;	6592

(ii) If the fee is paid by a person whose license or permit	6593
was suspended by a municipal court, the portion shall be deposited	6594
into the municipal indigent drivers alcohol treatment fund under	6595
the control of that court.	6596

(3) Expenditures from a county indigent drivers alcohol	6597
treatment fund, a county juvenile indigent drivers alcohol	6598
treatment fund, or a municipal indigent drivers alcohol treatment	6599
fund shall be made only upon the order of a county, juvenile, or	6600
municipal court judge and only for payment of the cost of an	6601
assessment or the cost of the attendance at an alcohol and drug	6602
addiction treatment program of a person who is convicted of, or	6603
found to be a juvenile traffic offender by reason of, a violation	6604
of division (A) of section 4511.19 of the Revised Code or a	6605
substantially similar municipal ordinance, who is ordered by the	6606
court to attend the alcohol and drug addiction treatment program,	6607
and who is determined by the court to be unable to pay the cost of	6608
the assessment or the cost of attendance at the treatment program	6609
or for payment of the costs specified in division (H)(4) of this	6610
section in accordance with that division. The alcohol and drug	6611
addiction services board or the board of alcohol, drug addiction,	6612
and mental health services established pursuant to section 340.02	6613
or 340.021 of the Revised Code and serving the alcohol, drug	6614
addiction, and mental health service district in which the court	6615
is located shall administer the indigent drivers alcohol	6616
treatment program of the court. When a court orders an offender	6617
or juvenile traffic offender to obtain an assessment or attend	6618
an alcohol and drug addiction treatment program, the board shall	6619
determine which program is suitable to meet the needs of the	6620
offender or juvenile traffic offender, and when a suitable	6621
program is located and space is available at the program, the	6622
offender or juvenile traffic offender shall attend the program	6623
designated by the board. A reasonable amount not to exceed five	6624
per cent of the amounts credited to and deposited into the county	6625
indigent drivers alcohol treatment fund, the county juvenile	6626
indigent drivers alcohol treatment fund, or the municipal	6627
indigent drivers alcohol treatment fund serving every court whose	6628
program is administered by that board shall be paid to the board	6629
to cover the costs it incurs in administering those indigent	6630
drivers alcohol treatment programs.	6631

In addition, upon exhaustion of moneys in the indigent	6632
drivers interlock and alcohol monitoring fund for the use of an	6633
alcohol monitoring device, a county, juvenile, or municipal court	6634
judge may use moneys in the county indigent drivers alcohol	6635
treatment fund, county juvenile indigent drivers alcohol	6636
treatment fund, or municipal indigent drivers alcohol treatment	6637
fund in the following manners:	6638

(a) If the source of the moneys was an appropriation of the	6639
general assembly, a portion of a fee that was paid under division	6640
(F) of this section, a portion of a fine that was specified for	6641
deposit into the fund by section 4511.193 of the Revised Code, or	6642
a portion of a fine that was paid for a violation of section	6643
4511.19 of the Revised Code or of a provision contained in Chapter	6644
4510. of the Revised Code that was required to be deposited into	6645
the fund, to pay for the continued use of an alcohol monitoring	6646
device by an offender or juvenile traffic offender, in	6647
conjunction with a treatment program approved by the department	6648
of alcohol and drug addiction services, when such use is	6649
determined clinically necessary by the treatment program and	6650
when the court determines that the offender or juvenile traffic	6651
offender is unable to pay all or part of the daily monitoring or	6652
cost of the device;	6653

(b) If the source of the moneys was a portion of an	6654
additional court cost imposed under section 2949.094 of the	6655
Revised Code, to pay for the continued use of an alcohol	6656
monitoring device by an offender or juvenile traffic offender	6657
when the court determines that the offender or juvenile traffic	6658
offender is unable to pay all or part of the daily monitoring or	6659
cost of the device. The moneys may be used for a device as	6660
described in this division if the use of the device is in	6661
conjunction with a treatment program approved by the department	6662
of alcohol and drug addiction services, when the use of the device	6663
is determined clinically necessary by the treatment program, but	6664
the use of a device is not required to be in conjunction with a	6665
treatment program approved by the department in order for the	6666
moneys to be used for the device as described in this division.	6667

(4) If a county, juvenile, or municipal court determines, in	6668
consultation with the alcohol and drug addiction services board or	6669
the board of alcohol, drug addiction, and mental health services	6670
established pursuant to section 340.02 or 340.021 of the Revised	6671
Code and serving the alcohol, drug addiction, and mental health	6672
district in which the court is located, that the funds in the	6673
county indigent drivers alcohol treatment fund, the county	6674
juvenile indigent drivers alcohol treatment fund, or the municipal	6675
indigent drivers alcohol treatment fund under the control of the	6676
court are more than sufficient to satisfy the purpose for which	6677
the fund was established, as specified in divisions (H)(1) to (3)	6678
of this section, the court may declare a surplus in the fund. If	6679
the court declares a surplus in the fund, the court may expend the	6680
amount of the surplus in the fund for:	6681

(a) Alcohol and drug abuse assessment and treatment of	6682
persons who are charged in the court with committing a criminal	6683
offense or with being a delinquent child or juvenile traffic	6684
offender and in relation to whom both of the following apply:	6685

(i) The court determines that substance abuse was a	6686
contributing factor leading to the criminal or delinquent activity	6687
or the juvenile traffic offense with which the person is charged.	6688

(ii) The court determines that the person is unable to pay	6689
the cost of the alcohol and drug abuse assessment and treatment	6690
for which the surplus money will be used.	6691

(b) All or part of the cost of purchasing alcohol monitoring	6692
devices to be used in conjunction with division (H)(3) of this	6693
section, upon exhaustion of moneys in the indigent drivers	6694
interlock and alcohol monitoring fund for the use of an alcohol	6695
monitoring device.	6696

(5) For the purpose of determining as described in division	6697
(F)(2)(c) of this section whether an offender does not have the	6698
means to pay for the offender's attendance at an alcohol and drug	6699
addiction treatment program or whether an alleged offender or	6700
delinquent child is unable to pay the costs specified in division	6701
(H)(4) of this section, the court shall use the indigent client	6702
eligibility guidelines and the standards of indigency established	6703
by the state public defender to make the determination.	6704

(6) The court shall identify and refer any alcohol and drug	6705
addiction program that is not certified under section 3793.06 of	6706
the Revised Code and that is interested in receiving amounts from	6707
the surplus in the fund declared under division (H)(4) of this	6708
section to the department of alcohol and drug addiction services	6709
in order for the program to become a certified alcohol and drug	6710
addiction program. The department shall keep a record of	6711
applicant referrals received pursuant to this division and shall	6712
submit a report on the referrals each year to the general	6713
assembly. If a program interested in becoming certified makes an	6714
application to become certified pursuant to section 3793.06 of	6715
the Revised Code, the program is eligible to receive surplus	6716
funds as long as the application is pending with the department.	6717
The department of alcohol and drug addiction services must offer	6718
technical assistance to the applicant. If the interested program	6719
withdraws the certification application, the department must	6720
notify the court, and the court shall not provide the interested	6721
program with any further surplus funds.	6722

(I)(1) Each county shall establish an indigent drivers	6723
interlock and alcohol monitoring fund and a juvenile indigent	6724
drivers interlock and alcohol treatment fund, and each municipal	6725
corporation in which there is a municipal court shall establish an	6726
indigent drivers interlock and alcohol monitoring fund. All	6727
revenue that the general assembly appropriates to the indigent	6728
drivers interlock and alcohol monitoring fund for transfer to a	6729
county indigent drivers interlock and alcohol monitoring fund, a	6730
county juvenile indigent drivers interlock and alcohol monitoring	6731
fund, or a municipal indigent drivers interlock and alcohol	6732
monitoring fund, all portions of license reinstatement fees that	6733
are paid under division (F)(2) of this section and that are	6734
credited under that division to the indigent drivers interlock and	6735
alcohol monitoring fund in the state treasury, and all portions of	6736
fines that are paid under division (G) of section 4511.19 of the	6737
Revised Code and that are credited by division (G)(5)(e) of that	6738
section to the indigent drivers interlock and alcohol monitoring	6739
fund in the state treasury shall be deposited in the appropriate	6740
fund in accordance with division (I)(2) of this section.	6741

(2) That portion of the license reinstatement fee that is	6742
paid under division (F) of this section and that portion of the	6743
fine paid under division (G) of section 4511.19 of the Revised	6744
Code and that is credited under either division to the indigent	6745
drivers interlock and alcohol monitoring fund shall be deposited	6746
into a county indigent drivers interlock and alcohol monitoring	6747
fund, a county juvenile indigent drivers interlock and alcohol	6748
monitoring fund, or a municipal indigent drivers interlock and	6749
alcohol monitoring fund as follows:	6750

(a) If the fee or fine is paid by a person who was charged in	6751
a county court with the violation that resulted in the suspension	6752
or fine, the portion shall be deposited into the county indigent	6753
drivers interlock and alcohol monitoring fund under the control of	6754
that court.	6755

(b) If the fee or fine is paid by a person who was charged in	6756
a juvenile court with the violation that resulted in the	6757
suspension or fine, the portion shall be deposited into the county	6758
juvenile indigent drivers interlock and alcohol monitoring fund	6759
established in the county served by the court.	6760

(c) If the fee or fine is paid by a person who was charged in	6761
a municipal court with the violation that resulted in the	6762
suspension, the portion shall be deposited into the municipal	6763
indigent drivers interlock and alcohol monitoring fund under the	6764
control of that court.	6765

Sec. 4511.21. (A) No person shall operate a motor vehicle,	6766
trackless trolley, or streetcar at a speed greater or less than is	6767
reasonable or proper, having due regard to the traffic, surface,	6768
and width of the street or highway and any other conditions, and	6769
no person shall drive any motor vehicle, trackless trolley, or	6770
streetcar in and upon any street or highway at a greater speed	6771
than will permit the person to bring it to a stop within the	6772
assured clear distance ahead.	6773

(B) It is prima-facie lawful, in the absence of a lower limit	6774
declared or established pursuant to this section by the director	6775
of transportation or local authorities, for the operator of a	6776
motor vehicle, trackless trolley, or streetcar to operate the same	6777
at a speed not exceeding the following:	6778

(1)(a) Twenty miles per hour in school zones during school	6779
recess and while children are going to or leaving school during	6780
the opening or closing hours, and when twenty miles per hour	6781
school speed limit signs are erected; except that, on	6782
controlled-access highways and expressways, if the right-of-way	6783
line fence has been erected without pedestrian opening, the speed	6784
shall be governed by division (B)(4) of this section and on	6785
freeways, if the right-of-way line fence has been erected without	6786
pedestrian opening, the speed shall be governed by divisions	6787
(B)(9) and (10) of this section. The end of every school zone may	6788
be marked by a sign indicating the end of the zone. Nothing in	6789
this section or in the manual and specifications for a uniform	6790
system of traffic control devices shall be construed to require	6791
school zones to be indicated by signs equipped with flashing or	6792
other lights, or giving other special notice of the hours in which	6793
the school zone speed limit is in effect.	6794

(b) As used in this section and in section 4511.212 of the	6795
Revised Code, "school" means any school chartered under section	6796
3301.16 of the Revised Code and any nonchartered school that	6797
during the preceding year filed with the department of education	6798
in compliance with rule 3301-35-08 of the Ohio Administrative	6799
Code, a copy of the school's report for the parents of the	6800
school's pupils certifying that the school meets Ohio minimum	6801
standards for nonchartered, nontax-supported schools and presents	6802
evidence of this filing to the jurisdiction from which it is	6803
requesting the establishment of a school zone. "School" also	6804
includes a special elementary school that in writing requests the	6805
county engineer of the county in which the special elementary	6806
school is located to create a school zone at the location of that	6807
school. Upon receipt of such a written request, the county	6808
engineer shall create a school zone at that location by erecting	6809
the appropriate signs.	6810

(c) As used in this section, "school zone" means that portion	6811
of a street or highway passing a school fronting upon the street	6812
or highway that is encompassed by projecting the school property	6813
lines to the fronting street or highway, and also includes that	6814
portion of a state highway. Upon request from local authorities	6815
for streets and highways under their jurisdiction and that portion	6816
of a state highway under the jurisdiction of the director of	6817
transportation or a request from a county engineer in the case of	6818
a school zone for a special elementary school, the director may	6819
extend the traditional school zone boundaries. The distances in	6820
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	6821
exceed three hundred feet per approach per direction and are	6822
bounded by whichever of the following distances or combinations	6823
thereof the director approves as most appropriate:	6824

(i) The distance encompassed by projecting the school	6825
building lines normal to the fronting highway and extending a	6826
distance of three hundred feet on each approach direction;	6827

(ii) The distance encompassed by projecting the school	6828
property lines intersecting the fronting highway and extending a	6829
distance of three hundred feet on each approach direction;	6830

(iii) The distance encompassed by the special marking of the	6831
pavement for a principal school pupil crosswalk plus a distance of	6832
three hundred feet on each approach direction of the highway.	6833

Nothing in this section shall be construed to invalidate the	6834
director's initial action on August 9, 1976, establishing all	6835
school zones at the traditional school zone boundaries defined by	6836
projecting school property lines, except when those boundaries are	6837
extended as provided in divisions (B)(1)(a) and (c) of this	6838
section.	6839

(d) As used in this division, "crosswalk" has the meaning	6840
given that term in division (LL)(2) of section 4511.01 of the	6841
Revised Code.	6842

The director may, upon request by resolution of the	6843
legislative authority of a municipal corporation, the board of	6844
trustees of a township, or a county board of mental retardation	6845
and developmental disabilities created pursuant to Chapter 5126.	6846
of the Revised Code, and upon submission by the municipal	6847
corporation, township, or county board of such engineering,	6848
traffic, and other information as the director considers	6849
necessary, designate a school zone on any portion of a state route	6850
lying within the municipal corporation, lying within the	6851
unincorporated territory of the township, or lying adjacent to the	6852
property of a school that is operated by such county board, that	6853
includes a crosswalk customarily used by children going to or	6854
leaving a school during recess and opening and closing hours,	6855
whenever the distance, as measured in a straight line, from the	6856
school property line nearest the crosswalk to the nearest point of	6857
the crosswalk is no more than one thousand three hundred twenty	6858
feet. Such a school zone shall include the distance encompassed by	6859
the crosswalk and extending three hundred feet on each approach	6860
direction of the state route.	6861

(e) As used in this section, "special elementary school"	6862
means a school that meets all of the following criteria:	6863

(i) It is not chartered and does not receive tax revenue from	6864
any source.	6865

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

6866

(iii) It is located outside the limits of a municipal	6867
corporation.	6868

(iv) A majority of the total number of students enrolled at	6869
the school are not related by blood.	6870

(v) The principal or other person in charge of the special	6871
elementary school annually sends a report to the superintendent of	6872
the school district in which the special elementary school is	6873
located indicating the total number of students enrolled at the	6874
school, but otherwise the principal or other person in charge does	6875
not report any other information or data to the superintendent.	6876

(2) Twenty-five miles per hour in all other portions of a	6877
municipal corporation, except on state routes outside business	6878
districts, through highways outside business districts, and	6879
alleys;	6880

(3) Thirty-five miles per hour on all state routes or through	6881
highways within municipal corporations outside business districts,	6882
except as provided in divisions (B)(4) and (6) of this section;	6883

(4) Fifty miles per hour on controlled-access highways and	6884
expressways within municipal corporations;	6885

(5) Fifty-five miles per hour on highways outside municipal	6886
corporations, other than highways within island jurisdictions as	6887
provided in division (B)(8) of this section and freeways as	6888
provided in ~~division~~divisions (B)(13) and (14) of this section;	6889

(6) Fifty miles per hour on state routes within municipal	6890
corporations outside urban districts unless a lower prima-facie	6891
speed is established as further provided in this section;	6892

(7) Fifteen miles per hour on all alleys within the municipal	6893
corporation;	6894

(8) Thirty-five miles per hour on highways outside municipal	6895
corporations that are within an island jurisdiction;	6896

(9) Fifty-five miles per hour at all times on freeways with	6897
paved shoulders inside municipal corporations, other than freeways	6898
as provided in ~~division~~divisions (B)(13) and (14) of this	6899
section;	6900

(10) Fifty-five miles per hour at all times on freeways	6901
outside municipal corporations, other than freeways as provided in	6902
~~division~~divisions (B)(13) and (14) of this section;	6903

(11) Fifty-five miles per hour at all times on all portions	6904
of freeways that are part of the interstate system and on all	6905
portions of freeways that are not part of the interstate system,	6906
but are built to the standards and specifications that are	6907
applicable to freeways that are part of the interstate system for	6908
operators of any motor vehicle weighing in excess of eight	6909
thousand pounds empty weight and any noncommercial bus, except as	6910
provided in division (B)(14) of this section;	6911

(12) Fifty-five miles per hour for operators of any motor	6912
vehicle weighing eight thousand pounds or less empty weight and	6913
any commercial bus at all times on all portions of freeways that	6914
are part of the interstate system and that had such a speed limit	6915
established prior to October 1, 1995, and freeways that are not	6916
part of the interstate system, but are built to the standards and	6917
specifications that are applicable to freeways that are part of	6918
the interstate system and that had such a speed limit established	6919
prior to October 1, 1995, unless a higher speed limit is	6920
established under division (L) of this section;	6921

(13) Sixty-five miles per hour for operators of any motor	6922
vehicle weighing eight thousand pounds or less empty weight and	6923
any commercial bus at all times on all portions of the following:	6924

(a) Freeways that are part of the interstate system and that	6925
had such a speed limit established prior to October 1, 1995, and	6926
freeways that are not part of the interstate system, but are built	6927
to the standards and specifications that are applicable to	6928
freeways that are part of the interstate system and that had such	6929
a speed limit established prior to October 1, 1995;	6930

(b) Freeways that are part of the interstate system and	6931
freeways that are not part of the interstate system but are built	6932
to the standards and specifications that are applicable to	6933
freeways that are part of the interstate system, and that had such	6934
a speed limit established under division (L) of this section;	6935

(c) Rural, divided, multi-lane highways that are designated	6936
as part of the national highway system under the "National Highway	6937
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	6938
and that had such a speed limit established under division (M) of	6939
this section.	6940

(14) Sixty-five miles per hour at all times on all portions	6941
of freeways that are part of the interstate system and that had	6942
such a speed limit on the effective date of this amendment for	6943
operators of any motor vehicle weighing in excess of eight	6944
thousand pounds empty weight and any noncommercial bus.	6945

(C) It is prima-facie unlawful for any person to exceed any	6946
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	6947
(6), (7), and (8) of this section, or any declared or established	6948
pursuant to this section by the director or local authorities and	6949
it is unlawful for any person to exceed any of the speed	6950
limitations in division (D) of this section. No person shall be	6951
convicted of more than one violation of this section for the same	6952
conduct, although violations of more than one provision of this	6953
section may be charged in the alternative in a single affidavit.	6954

(D) No person shall operate a motor vehicle, trackless	6955
trolley, or streetcar upon a street or highway as follows:	6956

(1) At a speed exceeding fifty-five miles per hour, except	6957
upon a freeway as provided in ~~division~~divisions (B)(13) and (14)	6958
of this section;	6959

(2) At a speed exceeding sixty-five miles per hour upon a	6960
freeway as provided in ~~division~~divisions (B)(13) and (14) of this	6961
section ~~except as otherwise provided in division (D)(3) of this~~	6962
~~section~~;	6963

(3) If a motor vehicle weighing in excess of eight thousand	6964
pounds empty weight or a noncommercial bus as prescribed in	6965
division (B)(11) of this section, at a speed exceeding fifty-five	6966
miles per hour upon a freeway as provided in that division;	6967

(4) At a speed exceeding the posted speed limit upon a	6968
freeway for which the director has determined and declared a speed	6969
limit of not more than sixty-five miles per hour pursuant to	6970
division (L)(2) or (M) of this section;	6971

(5) At a speed exceeding sixty-five miles per hour upon a	6972
freeway for which such a speed limit has been established through	6973
the operation of division (L)(3) of this section;	6974

(6) At a speed exceeding the posted speed limit upon a	6975
freeway for which the director has determined and declared a speed	6976
limit pursuant to division (I)(2) of this section.	6977

(E) In every charge of violation of this section the	6978
affidavit and warrant shall specify the time, place, and speed at	6979
which the defendant is alleged to have driven, and in charges made	6980
in reliance upon division (C) of this section also the speed which	6981
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	6982
declared or established pursuant to, this section declares is	6983
prima-facie lawful at the time and place of such alleged	6984
violation, except that in affidavits where a person is alleged to	6985
have driven at a greater speed than will permit the person to	6986
bring the vehicle to a stop within the assured clear distance	6987
ahead the affidavit and warrant need not specify the speed at	6988
which the defendant is alleged to have driven.	6989

(F) When a speed in excess of both a prima-facie limitation	6990
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	6991
this section is alleged, the defendant shall be charged in a	6992
single affidavit, alleging a single act, with a violation	6993
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	6994
(8) of this section, or of a limit declared or established	6995
pursuant to this section by the director or local authorities,	6996
and of the limitation in division (D)(1), (2), (3), (4), (5), or	6997
(6) of this section. If the court finds a violation of division	6998
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	6999
declared or established pursuant to, this section has occurred,	7000
it shall enter a judgment of conviction under such division and	7001
dismiss the charge under division (D)(1), (2), (3), (4), (5), or	7002
(6) of this section. If it finds no violation of division	7003
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	7004
declared or established pursuant to, this section, it shall then	7005
consider whether the evidence supports a conviction under division	7006
(D)(1), (2), (3), (4), (5), or (6) of this section.	7007

(G) Points shall be assessed for violation of a limitation	7008
under division (D) of this section in accordance with section	7009
4510.036 of the Revised Code.	7010

(H) Whenever the director determines upon the basis of a	7011
geometric and traffic characteristic study that any speed limit	7012
set forth in divisions (B)(1)(a) to (D) of this section is greater	7013
or less than is reasonable or safe under the conditions found to	7014
exist at any portion of a street or highway under the jurisdiction	7015
of the director, the director shall determine and declare a	7016
reasonable and safe prima-facie speed limit, which shall be	7017
effective when appropriate signs giving notice of it are erected	7018
at the location.	7019

(I)(1) Except as provided in divisions (I)(2) and (K) of this	7020
section, whenever local authorities determine upon the basis of an	7021
engineering and traffic investigation that the speed permitted by	7022
divisions (B)(1)(a) to (D) of this section, on any part of a	7023
highway under their jurisdiction, is greater than is reasonable	7024
and safe under the conditions found to exist at such location, the	7025
local authorities may by resolution request the director to	7026
determine and declare a reasonable and safe prima-facie speed	7027
limit. Upon receipt of such request the director may determine and	7028
declare a reasonable and safe prima-facie speed limit at such	7029
location, and if the director does so, then such declared speed	7030
limit shall become effective only when appropriate signs giving	7031
notice thereof are erected at such location by the local	7032
authorities. The director may withdraw the declaration of a	7033
prima-facie speed limit whenever in the director's opinion the	7034
altered prima-facie speed becomes unreasonable. Upon such	7035
withdrawal, the declared prima-facie speed shall become	7036
ineffective and the signs relating thereto shall be immediately	7037
removed by the local authorities.	7038

(2) A local authority may determine on the basis of a	7039
geometric and traffic characteristic study that the speed limit of	7040
sixty-five miles per hour on a portion of a freeway under its	7041
jurisdiction that was established through the operation of	7042
division (L)(3) of this section is greater than is reasonable or	7043
safe under the conditions found to exist at that portion of the	7044
freeway. If the local authority makes such a determination, the	7045
local authority by resolution may request the director to	7046
determine and declare a reasonable and safe speed limit of not	7047
less than fifty-five miles per hour for that portion of the	7048
freeway. If the director takes such action, the declared speed	7049
limit becomes effective only when appropriate signs giving notice	7050
of it are erected at such location by the local authority.	7051

(J) Local authorities in their respective jurisdictions may	7052
authorize by ordinance higher prima-facie speeds than those stated	7053
in this section upon through highways, or upon highways or	7054
portions thereof where there are no intersections, or between	7055
widely spaced intersections, provided signs are erected giving	7056
notice of the authorized speed, but local authorities shall not	7057
modify or alter the basic rule set forth in division (A) of this	7058
section or in any event authorize by ordinance a speed in excess	7059
of fifty miles per hour.	7060

Alteration of prima-facie limits on state routes by local	7061
authorities shall not be effective until the alteration has been	7062
approved by the director. The director may withdraw approval of	7063
any altered prima-facie speed limits whenever in the director's	7064
opinion any altered prima-facie speed becomes unreasonable, and	7065
upon such withdrawal, the altered prima-facie speed shall become	7066
ineffective and the signs relating thereto shall be immediately	7067
removed by the local authorities.	7068

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	7069
section, "unimproved highway" means a highway consisting of any of	7070
the following:	7071

(a) Unimproved earth;

7072

(b) Unimproved graded and drained earth;

7073

7074

(2) Except as otherwise provided in divisions (K)(4) and (5)	7075
of this section, whenever a board of township trustees determines	7076
upon the basis of an engineering and traffic investigation that	7077
the speed permitted by division (B)(5) of this section on any part	7078
of an unimproved highway under its jurisdiction and in the	7079
unincorporated territory of the township is greater than is	7080
reasonable or safe under the conditions found to exist at the	7081
location, the board may by resolution declare a reasonable and	7082
safe prima-facie speed limit of fifty-five but not less than	7083
twenty-five miles per hour. An altered speed limit adopted by a	7084
board of township trustees under this division becomes effective	7085
when appropriate traffic control devices, as prescribed in section	7086
4511.11 of the Revised Code, giving notice thereof are erected at	7087
the location, which shall be no sooner than sixty days after	7088
adoption of the resolution.	7089

(3)(a) Whenever, in the opinion of a board of township	7090
trustees, any altered prima-facie speed limit established by the	7091
board under this division becomes unreasonable, the board may	7092
adopt a resolution withdrawing the altered prima-facie speed	7093
limit. Upon the adoption of such a resolution, the altered	7094
prima-facie speed limit becomes ineffective and the traffic	7095
control devices relating thereto shall be immediately removed.	7096

(b) Whenever a highway ceases to be an unimproved highway and	7097
the board has adopted an altered prima-facie speed limit pursuant	7098
to division (K)(2) of this section, the board shall, by	7099
resolution, withdraw the altered prima-facie speed limit as soon	7100
as the highway ceases to be unimproved. Upon the adoption of such	7101
a resolution, the altered prima-facie speed limit becomes	7102
ineffective and the traffic control devices relating thereto shall	7103
be immediately removed.	7104

(4)(a) If the boundary of two townships rests on the	7105
centerline of an unimproved highway in unincorporated territory	7106
and both townships have jurisdiction over the highway, neither of	7107
the boards of township trustees of such townships may declare an	7108
altered prima-facie speed limit pursuant to division (K)(2) of	7109
this section on the part of the highway under their joint	7110
jurisdiction unless the boards of township trustees of both of the	7111
townships determine, upon the basis of an engineering and traffic	7112
investigation, that the speed permitted by division (B)(5) of this	7113
section is greater than is reasonable or safe under the conditions	7114
found to exist at the location and both boards agree upon a	7115
reasonable and safe prima-facie speed limit of less than	7116
fifty-five but not less than twenty-five miles per hour for that	7117
location. If both boards so agree, each shall follow the procedure	7118
specified in division (K)(2) of this section for altering the	7119
prima-facie speed limit on the highway. Except as otherwise	7120
provided in division (K)(4)(b) of this section, no speed limit	7121
altered pursuant to division (K)(4)(a) of this section may be	7122
withdrawn unless the boards of township trustees of both townships	7123
determine that the altered prima-facie speed limit previously	7124
adopted becomes unreasonable and each board adopts a resolution	7125
withdrawing the altered prima-facie speed limit pursuant to the	7126
procedure specified in division (K)(3)(a) of this section.	7127

(b) Whenever a highway described in division (K)(4)(a) of	7128
this section ceases to be an unimproved highway and two boards of	7129
township trustees have adopted an altered prima-facie speed limit	7130
pursuant to division (K)(4)(a) of this section, both boards shall,	7131
by resolution, withdraw the altered prima-facie speed limit as	7132
soon as the highway ceases to be unimproved. Upon the adoption of	7133
the resolution, the altered prima-facie speed limit becomes	7134
ineffective and the traffic control devices relating thereto shall	7135
be immediately removed.	7136

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

7137

(a) "Commercial subdivision" means any platted territory	7138
outside the limits of a municipal corporation and fronting a	7139
highway where, for a distance of three hundred feet or more, the	7140
frontage is improved with buildings in use for commercial	7141
purposes, or where the entire length of the highway is less than	7142
three hundred feet long and the frontage is improved with	7143
buildings in use for commercial purposes.	7144

(b) "Residential subdivision" means any platted territory	7145
outside the limits of a municipal corporation and fronting a	7146
highway, where, for a distance of three hundred feet or more, the	7147
frontage is improved with residences or residences and buildings	7148
in use for business, or where the entire length of the highway is	7149
less than three hundred feet long and the frontage is improved	7150
with residences or residences and buildings in use for business.	7151

Whenever a board of township trustees finds upon the basis of	7152
an engineering and traffic investigation that the prima-facie	7153
speed permitted by division (B)(5) of this section on any part of	7154
a highway under its jurisdiction that is located in a commercial	7155
or residential subdivision, except on highways or portions thereof	7156
at the entrances to which vehicular traffic from the majority of	7157
intersecting highways is required to yield the right-of-way to	7158
vehicles on such highways in obedience to stop or yield signs or	7159
traffic control signals, is greater than is reasonable and safe	7160
under the conditions found to exist at the location, the board may	7161
by resolution declare a reasonable and safe prima-facie speed	7162
limit of less than fifty-five but not less than twenty-five miles	7163
per hour at the location. An altered speed limit adopted by a	7164
board of township trustees under this division shall become	7165
effective when appropriate signs giving notice thereof are erected	7166
at the location by the township. Whenever, in the opinion of a	7167
board of township trustees, any altered prima-facie speed limit	7168
established by it under this division becomes unreasonable, it may	7169
adopt a resolution withdrawing the altered prima-facie speed, and	7170
upon such withdrawal, the altered prima-facie speed shall become	7171
ineffective, and the signs relating thereto shall be immediately	7172
removed by the township.	7173

(L)(1) Within one hundred twenty days of February 29, 1996,	7174
the director of transportation, based upon a geometric and traffic	7175
characteristic study of a freeway that is part of the interstate	7176
system or that is not part of the interstate system, but is built	7177
to the standards and specifications that are applicable to	7178
freeways that are part of the interstate system, in consultation	7179
with the director of public safety and, if applicable, the local	7180
authority having jurisdiction over a portion of such freeway, may	7181
determine and declare that the speed limit of less than sixty-five	7182
miles per hour established on such freeway or portion of freeway	7183
either is reasonable and safe or is less than that which is	7184
reasonable and safe.	7185

(2) If the established speed limit for such a freeway or	7186
portion of freeway is determined to be less than that which is	7187
reasonable and safe, the director of transportation, in	7188
consultation with the director of public safety and, if	7189
applicable, the local authority having jurisdiction over the	7190
portion of freeway, shall determine and declare a reasonable and	7191
safe speed limit of not more than sixty-five miles per hour for	7192
that freeway or portion of freeway.	7193

The director of transportation or local authority having	7194
jurisdiction over the freeway or portion of freeway shall erect	7195
appropriate signs giving notice of the speed limit at such	7196
location within one hundred fifty days of February 29, 1996. Such	7197
speed limit becomes effective only when such signs are erected at	7198
the location.	7199

(3) If, within one hundred twenty days of February 29, 1996,	7200
the director of transportation does not make a determination and	7201
declaration of a reasonable and safe speed limit for a freeway or	7202
portion of freeway that is part of the interstate system or that	7203
is not part of the interstate system, but is built to the	7204
standards and specifications that are applicable to freeways that	7205
are part of the interstate system and that has a speed limit of	7206
less than sixty-five miles per hour, the speed limit on that	7207
freeway or portion of a freeway shall be sixty-five miles per	7208
hour. The director of transportation or local authority having	7209
jurisdiction over the freeway or portion of the freeway shall	7210
erect appropriate signs giving notice of the speed limit of	7211
sixty-five miles per hour at such location within one hundred	7212
fifty days of February 29, 1996. Such speed limit becomes	7213
effective only when such signs are erected at the location. A	7214
speed limit established through the operation of division (L)(3)	7215
of this section is subject to reduction under division (I)(2) of	7216
this section.	7217

(M) Within three hundred sixty days after February 29, 1996,	7218
the director of transportation, based upon a geometric and traffic	7219
characteristic study of a rural, divided, multi-lane highway that	7220
has been designated as part of the national highway system under	7221
the "National Highway System Designation Act of 1995," 109 Stat.	7222
568, 23 U.S.C.A. 103, in consultation with the director of public	7223
safety and, if applicable, the local authority having jurisdiction	7224
over a portion of the highway, may determine and declare that the	7225
speed limit of less than sixty-five miles per hour established on	7226
the highway or portion of highway either is reasonable and safe or	7227
is less than that which is reasonable and safe.	7228

If the established speed limit for the highway or portion of	7229
highway is determined to be less than that which is reasonable and	7230
safe, the director of transportation, in consultation with the	7231
director of public safety and, if applicable, the local authority	7232
having jurisdiction over the portion of highway, shall determine	7233
and declare a reasonable and safe speed limit of not more than	7234
sixty-five miles per hour for that highway or portion of highway.	7235
The director of transportation or local authority having	7236
jurisdiction over the highway or portion of highway shall erect	7237
appropriate signs giving notice of the speed limit at such	7238
location within three hundred ninety days after February 29, 1996.	7239
The speed limit becomes effective only when such signs are erected	7240
at the location.	7241

(N)(1)(a) If the boundary of two local authorities rests on	7242
the centerline of a highway and both authorities have jurisdiction	7243
over the highway, the speed limit for the part of the highway	7244
within their joint jurisdiction shall be either one of the	7245
following as agreed to by both authorities:	7246

(i) Either prima-facie speed limit permitted by division (B)	7247
of this section;	7248

(ii) An altered speed limit determined and posted in	7249
accordance with this section.	7250

(b) If the local authorities are unable to reach an	7251
agreement, the speed limit shall remain as established and posted	7252
under this section.	7253

(2) Neither local authority may declare an altered	7254
prima-facie speed limit pursuant to this section on the part of	7255
the highway under their joint jurisdiction unless both of the	7256
local authorities determine, upon the basis of an engineering and	7257
traffic investigation, that the speed permitted by this section is	7258
greater than is reasonable or safe under the conditions found to	7259
exist at the location and both authorities agree upon a uniform	7260
reasonable and safe prima-facie speed limit of less than	7261
fifty-five but not less than twenty-five miles per hour for that	7262
location. If both authorities so agree, each shall follow the	7263
procedure specified in this section for altering the prima-facie	7264
speed limit on the highway, and the speed limit for the part of	7265
the highway within their joint jurisdiction shall be uniformly	7266
altered. No altered speed limit may be withdrawn unless both local	7267
authorities determine that the altered prima-facie speed limit	7268
previously adopted becomes unreasonable and each adopts a	7269
resolution withdrawing the altered prima-facie speed limit	7270
pursuant to the procedure specified in this section.	7271

(O) At any location on a state highway where the posted	7272
speed limit decreases by twenty or more miles per hour, the	7273
director of transportation shall establish a speed transition	7274
zone consisting, at a minimum, of the preceding one thousand	7275
feet. The speed limit for the speed transition zone shall be ten	7276
miles per hour more than the speed limit to which the posted	7277
speed limit decreases by twenty or more miles per hour. A reduced	7278
speed limit established by the director pursuant to this division	7279
becomes effective when the department of transportation erects	7280
appropriate signs giving notice thereof on the state highway.	7281

(P) As used in this section:

7282

(1) "Interstate system" has the same meaning as in 23	7283
U.S.C.A. 101.	7284

(2) "Commercial bus" means a motor vehicle designed for	7285
carrying more than nine passengers and used for the transportation	7286
of persons for compensation.	7287

(3) "Noncommercial bus" includes but is not limited to a	7288
school bus or a motor vehicle operated solely for the	7289
transportation of persons associated with a charitable or	7290
nonprofit organization.	7291

~~(P)~~(Q)(1) A violation of any provision of this section is one	7292
of the following:	7293

(a) Except as otherwise provided in divisions ~~(P)~~(Q)(1)(b),	7294
(1)(c), (2), and (3) of this section, a minor misdemeanor;	7295

(b) If, within one year of the offense, the offender	7296
previously has been convicted of or pleaded guilty to two	7297
violations of any provision of this section or of any provision of	7298
a municipal ordinance that is substantially similar to any	7299
provision of this section, a misdemeanor of the fourth degree;	7300

(c) If, within one year of the offense, the offender	7301
previously has been convicted of or pleaded guilty to three or	7302
more violations of any provision of this section or of any	7303
provision of a municipal ordinance that is substantially similar	7304
to any provision of this section, a misdemeanor of the third	7305
degree.	7306

(2) If the offender has not previously been convicted of or	7307
pleaded guilty to a violation of any provision of this section or	7308
of any provision of a municipal ordinance that is substantially	7309
similar to this section and operated a motor vehicle faster than	7310
thirty-five miles an hour in a business district of a municipal	7311
corporation, faster than fifty miles an hour in other portions of	7312
a municipal corporation, or faster than thirty-five miles an hour	7313
in a school zone during recess or while children are going to or	7314
leaving school during the school's opening or closing hours, a	7315
misdemeanor of the fourth degree.	7316

(3) Notwithstanding division ~~(P)~~(Q)(1) of this section, if	7317
the offender operated a motor vehicle in a construction zone where	7318
a sign was then posted in accordance with section 4511.98 of the	7319
Revised Code, the court, in addition to all other penalties	7320
provided by law, shall impose upon the offender a fine of two	7321
times the usual amount imposed for the violation. No court shall	7322
impose a fine of two times the usual amount imposed for the	7323
violation upon an offender if the offender alleges, in an	7324
affidavit filed with the court prior to the offender's sentencing,	7325
that the offender is indigent and is unable to pay the fine	7326
imposed pursuant to this division and if the court determines that	7327
the offender is an indigent person and unable to pay the fine.	7328

Sec. 4511.213. (A) The driver of a motor vehicle, upon	7329
approaching a stationary public safety vehicle, an emergency	7330
vehicle, or a road service vehicle that is displaying ~~a flashing~~	7331
~~red light, flashing combination red and white light, oscillating~~	7332
~~or rotating red light, oscillating or rotating combination red~~	7333
~~and white light, flashing blue light,~~the appropriate visual	7334
signals by means of flashing ~~combination blue and white light,~~	7335
~~oscillating or rotating blue light, or~~, oscillating, or rotating	7336
~~combination blue and white light~~lights, as prescribed in section	7337
4513.17 of the Revised Code, shall do either of the following:	7338

(1) If the driver of the motor vehicle is traveling on a	7339
highway that consists of at least two lanes that carry traffic in	7340
the same direction of travel as that of the driver's motor	7341
vehicle, the driver shall proceed with due caution and, if	7342
possible and with due regard to the road, weather, and traffic	7343
conditions, shall change lanes into a lane that is not adjacent to	7344
that of the stationary public safety vehicle, an emergency	7345
vehicle, or a road service vehicle.	7346

(2) If the driver is not traveling on a highway of a type	7347
described in division (A)(1) of this section, or if the driver is	7348
traveling on a highway of that type but it is not possible to	7349
change lanes or if to do so would be unsafe, the driver shall	7350
proceed with due caution, reduce the speed of the motor vehicle,	7351
and maintain a safe speed for the road, weather, and traffic	7352
conditions.	7353

(B) This section does not relieve the driver of a public	7354
safety vehicle, an emergency vehicle, or a road service vehicle	7355
from the duty to drive with due regard for the safety of all	7356
persons and property upon the highway.	7357

(C) No person shall fail to drive a motor vehicle in	7358
compliance with division (A)(1) or (2) of this section when so	7359
required by division (A) of this section.	7360

(D)(1) Except as otherwise provided in this division, whoever	7361
violates this section is guilty of a minor misdemeanor. If, within	7362
one year of the offense, the offender previously has been	7363
convicted of or pleaded guilty to one predicate motor vehicle or	7364
traffic offense, whoever violates this section is guilty of a	7365
misdemeanor of the fourth degree. If, within one year of the	7366
offense, the offender previously has been convicted of two or more	7367
predicate motor vehicle or traffic offenses, whoever violates this	7368
section is guilty of a misdemeanor of the third degree.	7369

(2) Notwithstanding section 2929.28 of the Revised Code, upon	7370
a finding that a person operated a motor vehicle in violation of	7371
division (C) of this section, the court, in addition to all other	7372
penalties provided by law, shall impose a fine of two times the	7373
usual amount imposed for the violation.	7374

~~(E) As used in this section, "public safety vehicle" has the~~	7375
~~same meaning as in section 4511.01 of the Revised Code.~~	7376

Sec. 4513.03. (A) Every vehicle, other than a motorized	7377
bicycle, operated upon a street or highway within this state shall	7378
display lighted lights and illuminating devices as required by	7379
sections 4513.04 to 4513.37 of the Revised Code during all of the	7380
following times:	7381

(1) The time from sunset to sunrise~~, and at~~;

7382

(2) At any other time when ~~there are~~, due to insufficient	7383
natural light or unfavorable atmospheric conditions ~~or when there~~	7384
~~is not sufficient natural light to render discernible~~, persons,	7385
vehicles, and substantial objects on the highway are not	7386
discernible at a distance of one thousand feet ahead~~, shall~~	7387
~~display lighted lights and illuminating devices as required by~~	7388
~~sections 4513.04 to 4513.37 of the Revised Code, for different~~	7389
~~classes of vehicles; except that every~~;	7390

(3) At any time when the windshield wipers of the vehicle are	7391
in use because of precipitation on the windshield.	7392

Every motorized bicycle shall display at such times lighted	7393
lights meeting the rules adopted by the director of public safety	7394
under section 4511.521 of the Revised Code. No motor vehicle,	7395
during ~~such times~~any time specified in this section, shall be	7396
operated upon a street or highway within this state using only	7397
parking lights as illumination.	7398

Whenever in such sections a requirement is declared as to the	7399
distance from which certain lamps and devices shall render objects	7400
visible, or within which such lamps or devices shall be visible,	7401
such distance shall be measured upon a straight level unlighted	7402
highway under normal atmospheric conditions unless a different	7403
condition is expressly stated.	7404

Whenever in such sections a requirement is declared as to the	7405
mounted height of lights or devices, it shall mean from the center	7406
of such light or device to the level ground upon which the vehicle	7407
stands.	7408

(B) Notwithstanding any provision of law to the contrary, no	7409
law enforcement officer shall cause the operator of a vehicle	7410
being operated upon a street or highway within this state to stop	7411
the vehicle solely because the officer observes that a violation	7412
of division (A)(3) of this section has been or is being committed	7413
or for the sole purpose of issuing a ticket, citation, or summons	7414
for a violation of that division, or causing the arrest of or	7415
commencing a prosecution of a person for a violation of that	7416
division.	7417

(C) Whoever violates this section shall be punished as	7418
provided in section 4513.99 of the Revised Code.	7419

Sec. 4513.263. (A) As used in this section and in section	7420
4513.99 of the Revised Code:	7421

(1) "Automobile" means any commercial tractor, passenger car,	7422
commercial car, or truck that is required to be factory-equipped	7423
with an occupant restraining device for the operator or any	7424
passenger by regulations adopted by the United States secretary of	7425
transportation pursuant to the "National Traffic and Motor Vehicle	7426
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	7427

(2) "Occupant restraining device" means a seat safety belt,	7428
shoulder belt, harness, or other safety device for restraining a	7429
person who is an operator of or passenger in an automobile and	7430
that satisfies the minimum federal vehicle safety standards	7431
established by the United States department of transportation.	7432

(3) "Passenger" means any person in an automobile, other than	7433
its operator, who is occupying a seating position for which an	7434
occupant restraining device is provided.	7435

(4) "Commercial tractor," "passenger car," and "commercial	7436
car" have the same meanings as in section 4501.01 of the Revised	7437
Code.	7438

(5) "Vehicle" and "motor vehicle," as used in the	7439
definitions of the terms set forth in division (A)(4) of this	7440
section, have the same meanings as in section 4511.01 of the	7441
Revised Code.	7442

(6) "Tort action" means a civil action for damages for	7443
injury, death, or loss to person or property. "Tort action"	7444
includes a product liability claim, as defined in section 2307.71	7445
of the Revised Code, and an asbestos claim, as defined in section	7446
2307.91 of the Revised Code, but does not include a civil action	7447
for damages for breach of contract or another agreement between	7448
persons.	7449

(B) No person shall do any of the following:

7450

(1) Operate an automobile on any street or highway unless	7451
that person is wearing all of the available elements of a properly	7452
adjusted occupant restraining device, or operate a school bus that	7453
has an occupant restraining device installed for use in its	7454
operator's seat unless that person is wearing all of the available	7455
elements of the device, as properly adjusted;	7456

(2) Operate an automobile on any street or highway unless	7457
each passenger in the automobile who is subject to the requirement	7458
set forth in division (B)(3) of this section is wearing all of	7459
the available elements of a properly adjusted occupant	7460
restraining device;	7461

(3) Occupy, as a passenger, a seating position on the front	7462
seat of an automobile being operated on any street or highway	7463
unless that person is wearing all of the available elements of a	7464
properly adjusted occupant restraining device;	7465

(4) Operate a taxicab on any street or highway unless all	7466
factory-equipped occupant restraining devices in the taxicab are	7467
maintained in usable form.	7468

(C) Division (B)(3) of this section does not apply to a	7469
person who is required by section 4511.81 of the Revised Code to	7470
be secured in a child restraint device or booster seat. Division	7471
(B)(1) of this section does not apply to a person who is an	7472
employee of the United States postal service or of a newspaper	7473
home delivery service, during any period in which the person is	7474
engaged in the operation of an automobile to deliver mail or	7475
newspapers to addressees. Divisions (B)(1) and (3) of this	7476
section do not apply to a person who has an affidavit signed by	7477
a physician licensed to practice in this state under Chapter	7478
4731. of the Revised Code or a chiropractor licensed to practice	7479
in this state under Chapter 4734. of the Revised Code that states	7480
that the person has a physical impairment that makes use of an	7481
occupant restraining device impossible or impractical.	7482

(D) Notwithstanding any provision of law to the contrary, no	7483
law enforcement officer shall cause an operator of an automobile	7484
being operated on any street or highway to stop the automobile	7485
for the sole purpose of determining whether a violation of	7486
division (B) of this section has been or is being committed or	7487
for the sole purpose of issuing a ticket, citation, or summons	7488
for a violation of that nature or causing the arrest of or	7489
commencing a prosecution of a person for a violation of that	7490
nature, and no law enforcement officer shall view the interior	7491
or visually inspect any automobile being operated on any street	7492
or highway for the sole purpose of determining whether a	7493
violation of that nature has been or is being committed.	7494

(E) All fines collected for violations of division (B) of	7495
this section, or for violations of any ordinance or resolution of	7496
a political subdivision that is substantively comparable to that	7497
division, shall be forwarded to the treasurer of state for deposit	7498
as follows:	7499

(1) Eight per cent shall be deposited into the seat belt	7500
education fund, which is hereby created in the state treasury, and	7501
shall be used by the department of public safety to establish a	7502
seat belt education program.	7503

(2) Eight per cent shall be deposited into the elementary	7504
school program fund, which is hereby created in the state	7505
treasury, and shall be used by the department of public safety to	7506
establish and administer elementary school programs that encourage	7507
seat safety belt use.	7508

(3) Two per cent shall be deposited into the occupational	7509
licensing and regulatory fund created by section 4743.05 of the	7510
Revised Code.	7511

(4) Twenty-eight per cent, plus sixty cents of each fee	7512
collected under sections 4501.34, 4503.26, 4506.08, and 4509.05,	7513
plus on and after October 1, 2009, sixty cents of each fee	7514
collected under sections 4505.14 and 4519.63 of the Revised Code	7515
as specified in those sections, shall be deposited into the	7516
trauma and emergency medical services fund, which is hereby	7517
created in the state treasury, and shall be used by the	7518
department of public safety for the administration of the	7519
division of emergency medical services and the state board of	7520
emergency medical services, except that the director of budget	7521
and management may transfer excess money from the trauma and	7522
emergency medical services fund to the state highway safety	7523
fund if the director of public safety determines that the	7524
amount of money in the trauma and emergency medical services	7525
fund exceeds the amount required to cover such costs incurred	7526
by the emergency medical services agency and requests the	7527
director of budget and management to make the transfer.	7528

(5) Fifty-four per cent shall be deposited into the trauma	7529
and emergency medical services grants fund, which is hereby	7530
created in the state treasury, and shall be used by the state	7531
board of emergency medical services to make grants, in accordance	7532
with section 4765.07 of the Revised Code and rules the board	7533
adopts under section 4765.11 of the Revised Code.	7534

(F)(1) Subject to division (F)(2) of this section, the	7535
failure of a person to wear all of the available elements of a	7536
properly adjusted occupant restraining device in violation of	7537
division (B)(1) or (3) of this section or the failure of a	7538
person to ensure that each minor who is a passenger of an	7539
automobile being operated by that person is wearing all of the	7540
available elements of a properly adjusted occupant restraining	7541
device in violation of division (B)(2) of this section shall not	7542
be considered or used by the trier of fact in a tort action as	7543
evidence of negligence or contributory negligence. But, the trier	7544
of fact may determine based on evidence admitted consistent with	7545
the Ohio Rules of Evidence that the failure contributed to the	7546
harm alleged in the tort action and may diminish a recovery of	7547
compensatory damages that represents noneconomic loss, as defined	7548
in section 2307.011 of the Revised Code, in a tort action that	7549
could have been recovered but for the plaintiff's failure to wear	7550
all of the available elements of a properly adjusted occupant	7551
restraining device. Evidence of that failure shall not be used as	7552
a basis for a criminal prosecution of the person other than a	7553
prosecution for a violation of this section; and shall not be	7554
admissible as evidence in a criminal action involving the person	7555
other than a prosecution for a violation of this section.	7556

(2) If, at the time of an accident involving a passenger car	7557
equipped with occupant restraining devices, any occupant of the	7558
passenger car who sustained injury or death was not wearing an	7559
available occupant restraining device, was not wearing all of the	7560
available elements of such a device, or was not wearing such a	7561
device as properly adjusted, then, consistent with the Rules of	7562
Evidence, the fact that the occupant was not wearing the available	7563
occupant restraining device, was not wearing all of the available	7564
elements of such a device, or was not wearing such a device as	7565
properly adjusted is admissible in evidence in relation to any	7566
claim for relief in a tort action to the extent that the claim for	7567
relief satisfies all of the following:	7568

(a) It seeks to recover damages for injury or death to the	7569
occupant.	7570

(b) The defendant in question is the manufacturer, designer,	7571
distributor, or seller of the passenger car.	7572

(c) The claim for relief against the defendant in question is	7573
that the injury or death sustained by the occupant was enhanced or	7574
aggravated by some design defect in the passenger car or that the	7575
passenger car was not crashworthy.	7576

(G)(1) Whoever violates division (B)(1) of this section	7577
shall be fined thirty dollars.	7578

(2) Whoever violates division (B)(3) of this section shall be	7579
fined twenty dollars.	7580

(3) Except as otherwise provided in this division, whoever	7581
violates division (B)(4) of this section is guilty of a minor	7582
misdemeanor. If the offender previously has been convicted of or	7583
pleaded guilty to a violation of division (B)(4) of this	7584
section, whoever violates division (B)(4) of this section is	7585
guilty of a misdemeanor of the third degree.	7586

Sec. 4513.34. (A) The director of transportation with	7587
respect to all highways that are a part of the state highway	7588
system and local authorities with respect to highways under their	7589
jurisdiction, upon application in writing and for good cause	7590
shown, may issue a special permit in writing authorizing the	7591
applicant to operate or move a vehicle or combination of vehicles	7592
of a size or weight of vehicle or load exceeding the maximum	7593
specified in sections 5577.01 to 5577.09 of the Revised Code, or	7594
otherwise not in conformity with sections 4513.01 to 4513.37 of	7595
the Revised Code, upon any highway under the jurisdiction of the	7596
authority granting the permit.	7597

For purposes of this section, the director may designate	7598
certain state highways or portions of state highways as special	7599
economic development highways. If an application submitted to the	7600
director under this section involves travel of a nonconforming	7601
vehicle or combination of vehicles upon a special economic	7602
development highway, the director, in determining whether good	7603
cause has been shown that issuance of a permit is justified, shall	7604
consider the effect the travel of the vehicle or combination of	7605
vehicles will have on the economic development in the area in	7606
which the designated highway or portion of highway is located.	7607

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	7608
Code, the holder of a special permit issued by the director under	7609
this section may move the vehicle or combination of vehicles	7610
described in the special permit on any highway that is a part of	7611
the state highway system when the movement is partly within and	7612
partly without the corporate limits of a municipal corporation. No	7613
local authority shall require any other permit or license or	7614
charge any license fee or other charge against the holder of a	7615
permit for the movement of a vehicle or combination of vehicles on	7616
any highway that is a part of the state highway system. The	7617
director shall not require the holder of a permit issued by a	7618
local authority to obtain a special permit for the movement of	7619
vehicles or combination of vehicles on highways within the	7620
jurisdiction of the local authority. Permits may be issued for any	7621
period of time not to exceed one year, as the director in the	7622
director's discretion or a local authority in its discretion	7623
determines advisable, or for the duration of any public	7624
construction project.	7625

(C) The application for a permit shall be in the form that	7626
the director or local authority prescribes. The director or local	7627
authority may prescribe a permit fee to be imposed and collected	7628
when any permit described in this section is issued. The permit	7629
fee may be in an amount sufficient to reimburse the director or	7630
local authority for the administrative costs incurred in issuing	7631
the permit, and also to cover the cost of the normal and expected	7632
damage caused to the roadway or a street or highway structure as	7633
the result of the operation of the nonconforming vehicle or	7634
combination of vehicles. The director, in accordance with Chapter	7635
119. of the Revised Code, shall establish a schedule of fees for	7636
permits issued by the director under this section; provided, that	7637
the rules of the director shall include issuance of a continuing	7638
annual permit over routes reported to the director and shall	7639
require the recipient of such an annual permit to submit quarterly	7640
reports to the director containing such information as the	7641
director shall specify.	7642

For the purposes of this section and of rules adopted by the	7643
director under this section, milk transported in bulk by vehicle	7644
is deemed a nondivisible load.	7645

(D) The director or local authority may issue or withhold a	7646
permit. If a permit is to be issued, the director or local	7647
authority may limit or prescribe conditions of operation for the	7648
vehicle and may require the posting of a bond or other security	7649
conditioned upon the sufficiency of the permit fee to compensate	7650
for damage caused to the roadway or a street or highway structure.	7651
In addition, a local authority, as a condition of issuance of an	7652
overweight permit, may require the applicant to develop and enter	7653
into a mutual agreement with the local authority to compensate for	7654
or to repair excess damage caused to the roadway by travel under	7655
the permit.	7656

For a permit that will allow travel of a nonconforming	7657
vehicle or combination of vehicles on a special economic	7658
development highway, the director, as a condition of issuance, may	7659
require the applicant to agree to make periodic payments to the	7660
department to compensate for damage caused to the roadway by	7661
travel under the permit.	7662

(E) Every permit shall be carried in the vehicle or	7663
combination of vehicles to which it refers and shall be open to	7664
inspection by any police officer or authorized agent of any	7665
authority granting the permit. No person shall violate any of the	7666
terms of a permit.	7667

(F) The director may debar an applicant from applying for a	7668
special permit under this section upon a finding based on a	7669
reasonable belief that the applicant has done any of the	7670
following:	7671

(1) Abused the process by repeatedly submitting false	7672
information or false travel plans or by using another company or	7673
individual's name, insurance, or escrow account without proper	7674
authorization;	7675

(2) Failed to comply with or substantially perform under a	7676
previously issued special permit according to its terms,	7677
conditions, and specifications within specified time limits;	7678

(3) Failed to cooperate in the application process for the	7679
special permit or in any other procedures that are related to the	7680
issuance of the special permit by refusing to provide information	7681
or documents required in a permit or by failing to respond to and	7682
correct matters related to the special permit;	7683

(4) Accumulated repeated justified complaints regarding	7684
performance under a special permit that was previously issued to	7685
the applicant or previously failed to obtain a special permit when	7686
such a permit was required;	7687

(5) Attempted to influence a public employee to breach	7688
ethical conduct standards;	7689

(6) Been convicted of a criminal offense related to the	7690
application for, or performance under, a special permit,	7691
including, but not limited to, bribery, falsification, fraud or	7692
destruction of records, receiving stolen property, and any other	7693
offense that directly reflects on the applicant's integrity or	7694
commercial driver's license;	7695

(7) Accumulated repeated convictions under a state or federal	7696
safety law governing commercial motor vehicles or a rule or	7697
regulation adopted under such a law;	7698

(8) Accumulated repeated convictions under a law, rule, or	7699
regulation governing the movement of traffic over the public	7700
streets and highways;	7701

(9) Failed to pay any fees associated with any permitted	7702
operation or move;	7703

(10) Deliberately or willfully submitted false or misleading	7704
information in connection with the application for, or performance	7705
under, a special permit issued under this section.	7706

If the applicant is a partnership, association, or	7707
corporation, the director also may debar from consideration for	7708
special permits any partner of the partnership, or the officers,	7709
directors, or employees of the association or corporation being	7710
debarred.	7711

The director may adopt rules in accordance with Chapter 119.	7712
of the Revised Code governing the debarment of an applicant.	7713

(G) When the director reasonably believes that grounds for	7714
debarment exist, the director shall send the person that is	7715
subject to debarment a notice of the proposed debarment. A notice	7716
of proposed debarment shall indicate the grounds for the debarment	7717
of the person and the procedure for requesting a hearing. The	7718
notice and hearing shall be in accordance with Chapter 119. of the	7719
Revised Code. If the person does not respond with a request for a	7720
hearing in the manner specified in that chapter, the director	7721
shall issue the debarment decision without a hearing and shall	7722
notify the person of the decision by certified mail, return	7723
receipt requested. The debarment period may be of any length	7724
determined by the director, and the director may modify or rescind	7725
the debarment at any time. During the period of debarment, the	7726
director shall not issue, or consider issuing, a special permit to	7727
any partnership, association, or corporation that is affiliated	7728
with a debarred person. After the debarment period expires, the	7729
person, and any partnership, association, or corporation	7730
affiliated with the person, may reapply for a special permit.	7731

(H) Whoever violates this section shall be punished as	7732
provided in section 4513.99 of the Revised Code.	7733

Sec. 4517.021. (A) Sections 4517.01, 4517.02, and 4517.03	7734
to 4517.45 of the Revised Code do not apply to a person auctioning	7735
classic motor vehicles, provided all of the following apply:	7736

(1) The person is responsible for not more than two auctions	7737
of classic motor vehicles per year, with no auction lasting more	7738
than ~~one day~~two days;	7739

(2) The person requests and receives permission for the	7740
auction from the registrar of motor vehicles by filing an	7741
application for each proposed auction of classic motor vehicles,	7742
at least thirty days before the auction, in a form prescribed by	7743
the registrar, signed and sworn to by the person, that contains	7744
all of the following:	7745

(a) The person's name and business address;

7746

(b) The location of the auction;

7747

(c) Evidence, sufficient to satisfy the registrar, that the	7748
person does not exclusively sell motor vehicles;	7749

(d) Any necessary, reasonable, and relevant information that	7750
the registrar may require to verify compliance with this section.	7751

(3) The person will be auctioning the classic motor vehicle	7752
to the general public for the legal owner of the vehicle, which	7753
ownership must be evidenced at the time of the auction by a valid	7754
certificate of title issued pursuant to Chapter 4505. of the	7755
Revised Code;	7756

(4) The person keeps a record of the following information	7757
for each classic motor vehicle offered for sale at auction, in a	7758
manner prescribed by the registrar:	7759

(a) The certificate of title number, county, and state of	7760
registration;	7761

(b) The year, make, model, and vehicle identification number;

7762

(c) The name and address of the person offering the vehicle	7763
for sale;	7764

(d) The name and address of any vehicle purchaser;

7765

(e) The date the vehicle is offered for sale;

7766

(f) Any purchase price;

7767

(g) The odometer reading at the time of the auction and an	7768
odometer statement from the person offering the vehicle for sale	7769
at auction that complies with 49 U.S.C. 32705.	7770

(5) The person allows reasonable inspection by the registrar	7771
of the person's records relating to each classic motor vehicle	7772
auction.	7773

(B) Any person that auctions classic motor vehicles under	7774
this section shall use the auction services of an auction firm to	7775
conduct the auction.	7776

(C) The registrar may refuse permission to hold an auction if	7777
the registrar finds that the person has not complied with division	7778
(A) of this section or has made a false statement of a material	7779
fact in the application filed under division (A)(2) of this	7780
section.	7781

(D) The registrar shall not authorize a person licensed under	7782
section 4707.072 of the Revised Code to offer auction services or	7783
act as an auctioneer in regard to an auction of classic motor	7784
vehicles pursuant to this section.	7785

(E) As used in this section:

7786

(1) "Auction firm" and "auction services" have the same	7787
meanings as in section 4707.01 of the Revised Code.	7788

(2) "Classic motor vehicle" means a motor vehicle that is	7789
over twenty-six years old.	7790

Sec. 4519.02. (A) Except as provided in divisions (B), (C),	7791
and (D) of this section, no person shall operate any snowmobile,	7792
off-highway motorcycle, or all-purpose vehicle within this state	7793
unless the snowmobile, off-highway motorcycle, or all-purpose	7794
vehicle is registered and numbered in accordance with sections	7795
4519.03 and 4519.04 of the Revised Code.	7796

(B)(1) No registration is required for a snowmobile,or	7797
off-highway motorcycle~~, or all-purpose vehicle~~ that is operated	7798
exclusively upon lands owned by the owner of the snowmobile,or	7799
off-highway motorcycle, ~~or all-purpose vehicle,~~ or on lands to	7800
which the owner of the snowmobile or off-highway motorcycle has a	7801
contractual right.	7802

(2) No registration is required for an all-purpose vehicle	7803
that is used primarily on a farm as a farm implement.	7804

(C) No registration is required for a snowmobile, off-highway	7805
motorcycle, or all-purpose vehicle owned and used in this state by	7806
a resident of another state whenever that state has in effect a	7807
registration law similar to this chapter and the snowmobile,	7808
off-highway motorcycle, or all-purpose vehicle is properly	7809
registered under that state's law. Any snowmobile, off-highway	7810
motorcycle, or all-purpose vehicle owned and used in this state by	7811
a resident of a state not having a registration law similar to	7812
this chapter shall comply with section 4519.09 of the Revised	7813
Code.	7814

(D) No registration is required for a snowmobile, off-highway	7815
motorcycle, or all-purpose vehicle owned and used in this state by	7816
the United States, another state, or a political subdivision	7817
thereof, but the snowmobile, off-highway motorcycle, or	7818
all-purpose vehicle shall display the name of the owner thereon.	7819

(E) The owner or operator of any all-purpose vehicle operated	7820
or used upon the waters in this state shall comply with Chapters	7821
1547. and 1548. of the Revised Code relative to the operation of	7822
watercraft.	7823

(F) Except as otherwise provided in this division, whoever	7824
violates division (A) of this section shall be fined not ~~more~~less	7825
than ~~twenty-five~~fifty dollars but not more than one hundred	7826
dollars. ~~If the offender previously has been convicted of or~~	7827
~~pleaded guilty to a violation of division (A) of this section,~~	7828
~~whoever violates division (A) of this section shall be fined not~~	7829
~~less than twenty-five nor more than fifty dollars.~~	7830

Sec. 4519.03. (A) The owner of every snowmobile, off-highway	7831
motorcycle, and all-purpose vehicle required to be registered	7832
under section 4519.02 of the Revised Code shall file an	7833
application for registration with the registrar of motor vehicles	7834
or a deputy registrar, on blanks furnished by the registrar for	7835
that purpose and containing all of the following information:	7836

(1) A brief description of the snowmobile, off-highway	7837
motorcycle, or all-purpose vehicle, including the year, make,	7838
model, and the vehicle identification number;	7839

(2) The name, residence, and business address of the owner;

7840

(3) A statement that the snowmobile, off-highway motorcycle,	7841
or all-purpose vehicle is equipped as required by section 4519.20	7842
of the Revised Code and any rule adopted under that section. The	7843
statement shall include a check list of the required equipment	7844
items in the form the registrar shall prescribe.	7845

The application shall be signed by the owner of the	7846
snowmobile, off-highway motorcycle, or all-purpose vehicle and	7847
shall be accompanied by a fee as provided in division (C) of	7848
section 4519.04 of the Revised Code.	7849

If the application is not in proper form, or if the vehicle	7850
for which registration is sought does not appear to be equipped as	7851
required by section 4519.20 of the Revised Code or any rule	7852
adopted under that section, the registration shall be refused, and	7853
no registration sticker, license plate, or validation sticker	7854
shall be issued.	7855

(B) On and after July 1, 1999, no certificate of registration	7856
or renewal of a certificate of registration shall be issued for an	7857
off-highway motorcycle or all-purpose vehicle required to be	7858
registered under section 4519.02 of the Revised Code, and no	7859
certificate of registration issued under this chapter for an	7860
off-highway motorcycle or all-purpose vehicle that is sold or	7861
otherwise transferred shall be transferred to the new owner of the	7862
off-highway motorcycle or all-purpose vehicle as permitted by	7863
division (B) of section 4519.05 of the Revised Code, unless a	7864
certificate of title has been issued under this chapter for the	7865
motorcycle or vehicle, and the owner or new owner, as the case may	7866
be, presents a physical certificate of title or memorandum	7867
certificate of title for inspection at the time the owner or new	7868
owner first submits a registration application, registration	7869
renewal application, or registration transfer application for the	7870
motorcycle or vehicle on or after July 1, 1999, if a physical	7871
certificate of title or memorandum certificate has been issued by	7872
a clerk of a court of common pleas. If, under sections 4519.512	7873
and 4519.58 of the Revised Code, a clerk instead has issued an	7874
electronic certificate of title for the applicant's off-highway	7875
motorcycle or all-purpose vehicle, that certificate may be	7876
presented for inspection at the time of first registration in a	7877
manner prescribed by rules adopted by the registrar.	7878

(C) When the owner of an off-highway motorcycle or	7879
all-purpose vehicle first registers it in the owner's name, and a	7880
certificate of title has been issued for the motorcycle or	7881
vehicle, the owner shall present for inspection a physical	7882
certificate of title or memorandum certificate of title showing	7883
title to the off-highway motorcycle or all-purpose vehicle in the	7884
name of the owner if a physical certificate of title or memorandum	7885
certificate has been issued by a clerk of a court of common pleas.	7886
If, under sections 4519.512 and 4519.58 of the Revised Code, a	7887
clerk instead has issued an electronic certificate of title for	7888
the applicant's off-highway motorcycle or all-purpose vehicle,	7889
that certificate may be presented for inspection at the time of	7890
first registration in a manner prescribed by rules adopted by the	7891
registrar. If, when the owner of such an off-highway motorcycle or	7892
all-purpose vehicle first makes application to register it in the	7893
owner's name, the application is not in proper form or the	7894
certificate of title or memorandum certificate of title does not	7895
accompany the registration or, in the case of an electronic	7896
certificate of title, is not presented in a manner prescribed by	7897
the registrar, the registration shall be refused, and neither a	7898
certificate of registration nor a registration sticker, license	7899
plate, or validation sticker shall be issued. When a certificate	7900
of registration and registration sticker, license plate, or	7901
validation sticker are issued upon the first registration of an	7902
off-highway motorcycle or all-purpose vehicle by or on behalf of	7903
the owner, the official issuing them shall indicate the issuance	7904
with a stamp on the certificate of title or memorandum certificate	7905
of title or, in the case of an electronic certificate of title, an	7906
electronic stamp or other notation as specified in rules adopted	7907
by the registrar.	7908

(D) Each deputy registrar shall be allowed a fee of ~~two~~	7909
~~dollars and seventy-five cents commencing on July 1, 2001, three~~	7910
~~dollars and twenty-five cents commencing on January 1, 2003, and~~	7911
three dollars and fifty cents ~~commencing on January 1, 2004,~~ for	7912
each application or renewal application received by the deputy	7913
registrar, which shall be for the purpose of compensating the	7914
deputy registrar for services, and office and rental expense, as	7915
may be necessary for the proper discharge of the deputy	7916
registrar's duties in the receiving of applications and the	7917
issuing of certificates of registration.	7918

Each deputy registrar, upon receipt of any application for	7919
registration, together with the registration fee, shall transmit	7920
the fee, together with the original and duplicate copy of the	7921
application, to the registrar in the manner and at the times the	7922
registrar, subject to the approval of the director of public	7923
safety and the treasurer of state, shall prescribe by rule.	7924

Sec. 4519.04. (A) Upon the filing of an application for	7925
registration of a snowmobile, off-highway motorcycle, or	7926
all-purpose vehicle and the payment of the tax therefor, the	7927
registrar of motor vehicles or a deputy registrar shall assign to	7928
the snowmobile, off-highway motorcycle, or all-purpose vehicle a	7929
distinctive number and issue and deliver to the owner in such	7930
manner as the registrar may select, a certificate of registration,	7931
in such form as the registrar shall prescribe. Any number so	7932
assigned to a snowmobile, off-highway motorcycle, or all-purpose	7933
vehicle shall be a permanent number, and shall not be issued to	7934
any other snowmobile, off-highway motorcycle, or all-purpose	7935
vehicle.	7936

(B)(1) In addition to the certificate of registration, the	7937
registrar or deputy registrar also shall issue to the owner of ~~the~~	7938
a snowmobile,or off-highway motorcycle~~, or all-purpose vehicle~~ a	7939
registration sticker. The registrar shall prescribe the color and	7940
size of the sticker, the combination of numerals and letters	7941
displayed on it, and placement of the sticker on the snowmobile,	7942
or off-highway motorcycle~~, or all-purpose vehicle~~.	7943

~~(B)~~ Upon receipt of a certificate of registration for a	7944
snowmobile, the owner shall paint or otherwise attach upon each	7945
side of the forward cowling of the snowmobile the identifying	7946
registration number, in block characters of not less than two	7947
inches in height and of such color as to be distinctly visible and	7948
legible.	7949

(2) The registrar or deputy registrar also shall issue to the	7950
owner of an all-purpose vehicle, in addition to the certificate of	7951
registration, one license plate and a validation sticker, or a	7952
validation sticker alone when applicable upon a registration	7953
renewal. The license plate and validation sticker shall be	7954
displayed on the all-purpose vehicle so that they are distinctly	7955
visible, in accordance with such rules as the registrar adopts.	7956
The validation sticker shall indicate the expiration date of the	7957
registration period of the all-purpose vehicle. During each	7958
succeeding registration period following the issuance of the	7959
license plate and validation sticker, upon the filing of an	7960
application for registration and payment of the fee specified in	7961
division (C) of this section, a validation sticker alone shall be	7962
issued.	7963

(C) Unless previously canceled, each certificate of	7964
registration issued for a snowmobile, off-highway motorcycle, or	7965
all-purpose vehicle expires upon the thirty-first day of December	7966
in the third year after the date it is issued. Application for	7967
renewal of a certificate may be made not earlier than ninety days	7968
preceding the expiration date, and shall be accompanied by a fee	7969
of ~~five~~thirty-one dollars and twenty-five cents.	7970

Notwithstanding section 4519.11 of the Revised Code, of each	7971
thirty-one dollar and twenty-five-cent fee collected for the	7972
registration of an all-purpose vehicle, the registrar shall retain	7973
not more than five dollars to pay for the licensing and	7974
registration costs the bureau of motor vehicles incurs in	7975
registering the all-purpose vehicle. The remainder of the fee	7976
shall be deposited into the state treasury to the credit of the	7977
state recreational vehicle fund created by section 4519.11 of the	7978
Revised Code.	7979

Sec. 4519.08. Any snowmobile, off-highway motorcycle, or	7980
all-purpose vehicle owned or leased by the state, by any of its	7981
political subdivisions, or by any volunteer organization that uses	7982
such vehicles exclusively for emergency purposes shall be	7983
registered free of charge. The registration number and	7984
registration sticker assigned to each such snowmobile,or	7985
off-highway motorcycle, orand the license plate and validation	7986
sticker assigned to such an all-purpose vehicle, shall be	7987
displayed as required by section 4519.04 of the Revised Code.	7988

Sec. 4519.09. Every owner or operator of a snowmobile,	7989
off-highway motorcycle, or all-purpose vehicle who is a resident	7990
of a state not having a registration law similar to this chapter,	7991
and who expects to use the snowmobile, off-highway motorcycle, or	7992
all-purpose vehicle in Ohio, shall apply to the registrar of	7993
motor vehicles or a deputy registrar for a temporary operating	7994
permit. The temporary operating permit shall be issued for a	7995
period not to exceed ~~fifteen days~~one year from the date of	7996
issuance, shall be in such form as the registrar determines,	7997
shall include the name and address of the owner and operator of	7998
the snowmobile, off-highway motorcycle, or all-purpose vehicle,	7999
and any other information as the registrar considers necessary,	8000
and shall be issued upon payment of a fee of ~~five~~eleven dollars	8001
and twenty-five cents. Every owner or operator receiving a	8002
temporary operating permit shall display it upon the reasonable	8003
request of any law enforcement officer or other person as	8004
authorized by sections 4519.42 and 4519.43 of the Revised Code.	8005

Sec. 4519.10. (A) The purchaser of an off-highway motorcycle	8006
or all-purpose vehicle, upon application and proof of purchase,	8007
may obtain a temporary license placard for it. The application for	8008
such a placard shall be signed by the purchaser of the off-highway	8009
motorcycle or all-purpose vehicle. The temporary license placard	8010
shall be issued only for the applicant's use of the off-highway	8011
motorcycle or all-purpose vehicle to enable the applicant to	8012
operate it legally while proper title and a registration sticker	8013
or license plate and validation sticker are being obtained and	8014
shall be displayed on no other off-highway motorcycle or	8015
all-purpose vehicle. A temporary license placard issued under this	8016
section shall be in a form prescribed by the registrar of motor	8017
vehicles, shall differ in some distinctive manner from a placard	8018
issued under section 4503.182 of the Revised Code, shall be valid	8019
for a period of thirty days from the date of issuance, and shall	8020
not be transferable or renewable. The placard either shall consist	8021
of or be coated with such material as will enable it to remain	8022
legible and relatively intact despite the environmental conditions	8023
to which the placard is likely to be exposed during the thirty-day	8024
period for which it is valid. The purchaser of an off-highway	8025
motorcycle or all-purpose vehicle shall attach the temporary	8026
license placard to it, in a manner prescribed by rules the	8027
registrar shall adopt, so that the placard numerals or letters are	8028
clearly visible.	8029

The fee for a temporary license placard issued under this	8030
section shall be two dollars. If the placard is issued by a deputy	8031
registrar, the deputy registrar shall charge an additional fee of	8032
~~two dollars and seventy-five cents commencing on July 1, 2001,~~	8033
~~three dollars and twenty-five cents commencing on January 1, 2003,~~	8034
~~and~~ three dollars and fifty cents ~~commencing on January 1, 2004~~,	8035
which the deputy registrar shall retain. The deputy registrar	8036
shall transmit each two-dollar fee received by the deputy	8037
registrar under this section to the registrar, who shall pay the	8038
two dollars to the treasurer of state for deposit into the state	8039
bureau of motor vehicles fund established by section 4501.25 of	8040
the Revised Code.	8041

(B) The registrar may issue temporary license placards to a	8042
dealer to be issued to purchasers for use on vehicles sold by the	8043
dealer, in accordance with rules prescribed by the registrar. The	8044
dealer shall notify the registrar within forty-eight hours of	8045
proof of issuance on a form prescribed by the registrar.	8046

The fee for each such placard issued by the registrar to a	8047
dealer shall be two dollars plus a fee of ~~two dollars and~~	8048
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	8049
~~twenty-five cents commencing on January 1, 2003, and~~ three dollars	8050
and fifty cents ~~commencing on January 1, 2004~~.	8051

Sec. 4519.44. (A) No person who does not hold a valid,	8052
current motor vehicle driver's or commercial driver's license,	8053
motorcycle operator's endorsement, or probationary license, issued	8054
under Chapter 4506. or 4507. of the Revised Code or a valid,	8055
current driver's license issued by another jurisdiction, shall	8056
operate a snowmobile, off-highway motorcycle, or all-purpose	8057
vehicle on any street or highway in this state, on any portion of	8058
the right-of-way thereof, or on any public land or waters.	8059

(B) No person who is less than sixteen years of age shall	8060
operate a snowmobile, off-highway motorcycle, or all-purpose	8061
vehicle on any land or waters other than private property or	8062
waters owned by or leased to the person's parent or guardian,	8063
unless accompanied by another person who is eighteen years of age,	8064
or older, and who holds a license as provided in division (A) of	8065
this section, except that the department of natural resources may	8066
permit such operation on state controlled land under its	8067
jurisdiction when such person is less than sixteen years of age,	8068
but is twelve years of age or older and is accompanied by a parent	8069
or guardian who is a licensed driver eighteen years of age or	8070
older.	8071

(C) Whoever violates this section shall be fined not less	8072
than fifty nor more than five hundred dollars, imprisoned not less	8073
than three nor more than thirty days, or both.	8074

Sec. 4519.47. (A) Whenever a person is found guilty of	8075
operating a snowmobile, off-highway motorcycle, or all-purpose	8076
vehicle in violation of any rule authorized to be adopted under	8077
section 4519.21 or 4519.42 of the Revised Code, the trial judge of	8078
any court of record, in addition to or independent of any other	8079
penalties provided by law, may impound for not less than sixty	8080
days the certificate of registration and license plate, if	8081
applicable, of that snowmobile, off-highway motorcycle, or	8082
all-purpose vehicle. The court shall send the impounded	8083
certificate of registration and license plate, if applicable, to	8084
the registrar of motor vehicles, who shall retain the certificate	8085
of registration and license plate, if applicable, until the	8086
expiration of the period of impoundment.	8087

(B) If a court impounds the certificate of registration and	8088
license plate of an all-purpose vehicle pursuant to section	8089
2911.21 of the Revised Code, the court shall send the impounded	8090
certificate of registration and license plate to the registrar,	8091
who shall retain them until the expiration of the period of	8092
impoundment.	8093

Sec. 4519.59. (A)(1) The clerk of a court of common pleas	8094
shall charge ~~a fee of five~~and retain fees as follows:	8095

(a) Fifteen dollars for each certificate of title,or	8096
duplicate certificate of title,including the issuance of a	8097
memorandum certificate of title, authorization to print a	8098
non-negotiable evidence of ownership described in division (D) of	8099
section 4519.58 of the Revised Code, non-negotiable evidence of	8100
ownership printed by the clerk under division (E) of that section,	8101
and notation of any lien on a certificate of title that is applied	8102
for at the same time as the certificate of title. The clerk shall	8103
retain ~~two~~eleven dollars and ~~twenty-five~~fifty cents of ~~the~~that	8104
fee ~~charged for each certificate of title, four dollars and~~	8105
~~seventy-five cents of the fee charged for each duplicate~~	8106
~~certificate of title, all of the fees charged for each memorandum~~	8107
~~certificate, authorization to print a non-negotiable evidence of~~	8108
~~ownership, or non-negotiable evidence of ownership printed by the~~	8109
~~clerk, and four dollars and twenty-five cents of the fee charged~~	8110
~~for each notation of a lien~~.	8111

(b) Five dollars for each certificate of title with no	8112
security interest noted that is issued to a licensed motor vehicle	8113
dealer for resale purposes. The clerk shall retain two dollars and	8114
twenty-five cents of that fee.	8115

(c) Five dollars for each memorandum certificate of title or	8116
non-negotiable evidence of ownership that is applied for	8117
separately. The clerk shall retain that entire fee.	8118

(2) The ~~remaining two dollars and seventy-five cents charged~~	8119
~~for the certificate of title, the remaining twenty-five cents~~	8120
~~charged for the duplicate certificate of title, and the remaining~~	8121
~~seventy-five cents charged for the notation of any lien on a~~	8122
~~certificate of title~~fees that are not retained by the clerk shall	8123
be paid to the registrar of motor vehicles by monthly returns,	8124
which shall be forwarded to the registrar not later than the fifth	8125
day of the month next succeeding that in which the certificate is	8126
forwarded or that in which the registrar is notified of a lien or	8127
cancellation of a lien.	8128

(B)(1) The registrar shall pay twenty-five cents of the	8129
amount received for each certificate of title ~~and all of the~~	8130
~~amounts received for each notation of any lien and each duplicate~~	8131
~~certificate~~that is issued to a motor vehicle dealer for resale	8132
and one dollar for all other certificates of title issued into	8133
the state bureau of motor vehicles fund established in section	8134
4501.25 of the Revised Code.	8135

(2) Fifty cents of the amount received for each certificate	8136
of title shall be paid by the registrar as follows:	8137

(a) Four cents shall be paid into the state treasury to the	8138
credit of the motor vehicle dealers board fund created in section	8139
4505.09 of the Revised Code, for use as described in division	8140
(B)(2)(a) of that section.	8141

(b) Twenty-one cents shall be paid into the highway operating	8142
fund.	8143

(c) Twenty-five cents shall be paid into the state treasury	8144
to the credit of the motor vehicle sales audit fund created in	8145
section 4505.09 of the Revised Code, for use as described in	8146
division (B)(2)(c) of that section.	8147

(3) Two dollars of the amount received by the registrar for	8148
each certificate of title shall be paid into the state treasury to	8149
the credit of the automated title processing fund created in	8150
section 4505.09 of the Revised Code, for use as described in	8151
divisions (B)(3)(a) and (c) of that section.	8152

Sec. 4519.63. (A) The registrar of motor vehicles or the	8153
clerk of the court of common pleas, upon the application of any	8154
person and payment of the proper ~~fees~~fee, may prepare and furnish	8155
title information regarding off-highway motorcycles and	8156
all-purpose vehicles in the form and subject to any territorial	8157
division or other classification as they may direct. The registrar	8158
or the clerk may search the records of the bureau of motor	8159
vehicles ~~and the clerk~~ regarding off-highway motorcycles and	8160
all-purpose vehicles and ~~make~~furnish reports ~~thereof, and make~~	8161
~~copies~~ of ~~their title information and attestations thereof~~those	8162
records under the signature of the registrar or the clerk.	8163

(B)(1) Fees ~~therefor~~for lists containing title information	8164
shall be charged and collected as follows:	8165

~~(A)~~(a) For lists containing three thousand titles or more,	8166
twenty-five dollars per thousand or part thereof;	8167

~~(B)~~(b) For ~~searches~~each report of a search of the records	8168
~~and written reports thereof, two dollars foreach name, number,~~	8169
~~or fact searched or reported on;~~	8170

~~(C) For copies of records and attestations thereof~~, two	8171
dollars per copy except that on and after October 1, 2009, the	8172
fee shall be five dollars per copy. The registrar and clerk may	8173
certify copies of records generated by an automated title	8174
processing system.	8175

~~Such copies~~(2) A copy of any such report shall be taken as	8176
prima-facie evidence of the facts therein stated in any court of	8177
the state. The registrar and the clerk shall furnish information	8178
on any title without charge to state highway patrol troopers,	8179
sheriffs, chiefs of police, or the attorney general. The clerk	8180
also may provide a copy of a certificate of title to a public	8181
agency without charge.	8182

(C)(1) Those fees collected by the registrar as provided in	8183
division (B)(1)(a) of this section shall be paid to the treasurer	8184
of state to the credit of the state bureau of motor vehicles fund	8185
established in section 4501.25 of the Revised Code. Those fees	8186
collected by the clerk as provided in division (B)(1)(a) of this	8187
section shall be paid to the certificate of title administration	8188
fund created by section 325.33 of the Revised Code.	8189

(2) Prior to October 1, 2009, the registrar shall pay those	8190
fees the registrar collects under division (B)(1)(b) of this	8191
section into the state treasury to the credit of the state bureau	8192
of motor vehicles fund established in section 4501.25 of the	8193
Revised Code. Prior to October 1, 2009, the clerk shall pay those	8194
fees the clerk collects under division (B)(1)(b) of this section	8195
to the certificate of title administration fund created by section	8196
325.33 of the Revised Code.	8197

(3) On and after October 1, 2009, the registrar shall pay two	8198
dollars of each fee the registrar collects under division	8199
(B)(1)(b) of this section into the state treasury to the credit of	8200
the state bureau of motor vehicles fund established in section	8201
4501.25 of the Revised Code. Of the remaining three dollars of	8202
each such fee the registrar collects, the registrar shall	8203
deposit sixty cents into the state treasury to the credit of the	8204
trauma and emergency medical services fund established in	8205
section 4513.263 of the Revised Code, sixty cents into the state	8206
treasury to the credit of the homeland security fund established	8207
under section 5502.03 of the Revised Code, thirty cents into the	8208
state treasury to the credit of the investigations fund	8209
established in section 5502.131 of the Revised Code, one dollar	8210
and twenty-five cents into the state treasury to the credit of	8211
the emergency management agency service and reimbursement fund	8212
established in section 5502.39 of the Revised Code, and	8213
twenty-five cents into the state treasury to the credit of the	8214
justice program services fund established in section 5502.67 of	8215
the Revised Code.	8216

(4) On and after October 1, 2009, the clerk of the court of	8217
common pleas shall retain two dollars of each fee the clerk	8218
collects under division (B)(1)(b) of this section and deposit that	8219
two dollars into the certificate of title administration fund	8220
created by section 325.33 of the Revised Code. The clerk shall	8221
forward the remaining three dollars to the registrar not later	8222
than the fifth day of the month next succeeding that in which	8223
the transaction occurred. Of that remaining three dollars, the	8224
registrar shall deposit sixty cents into the state treasury to	8225
the credit of the trauma and emergency medical services fund	8226
established in section 4513.263 of the Revised Code, sixty cents	8227
into the state treasury to the credit of the homeland security	8228
fund established under section 5502.03 of the Revised Code,	8229
thirty cents into the state treasury to the credit of the	8230
investigations fund established in section 5502.131 of the	8231
Revised Code, one dollar and twenty-five cents into the state	8232
treasury to the credit of the emergency management agency	8233
service and reimbursement fund established in section 5502.39 of	8234
the Revised Code, and twenty-five cents into the state treasury	8235
to the credit of the justice program services fund established	8236
in section 5502.67 of the Revised Code.	8237

Sec. 4561.17. (A) To provide revenue for administering	8238
sections 4561.17 to 4561.22 of the Revised Code relative to the	8239
registration of aircraft, for the surveying of and the	8240
establishment, checking, maintenance, and repair of aviation air	8241
marking and of air navigation facilities, for the acquiring,	8242
maintaining, and repairing of equipment necessary for those	8243
purposes, and for the cost of creating and distributing Ohio	8244
aeronautical charts and Ohio airport and landing field	8245
directories, an annual license tax is hereby levied upon all	8246
aircraft based in this state for which an aircraft worthiness	8247
certificate issued by the federal aviation administration is in	8248
effect except the following:	8249

(1) Aircraft owned by the United States or any territory of	8250
the United States;	8251

(2) Aircraft owned by any foreign government;

8252

(3) Aircraft owned by any state or any political subdivision	8253
of a state;	8254

(4) ~~Aircraft operated under a certificate of convenience and~~	8255
~~necessity issued by the civil aeronautics board or any successor~~	8256
~~to that board;~~	8257

~~(5)~~ Aircraft owned by aircraft manufacturers or aircraft	8258
engine manufacturers and operated only for purposes of testing,	8259
delivery, or demonstration;	8260

~~(6)~~(5) Aircraft operated for hire over regularly scheduled	8261
routes within the state.	8262

(B) The license tax this section requires shall be at the	8263
rates specified in section 4561.18 of the Revised Code, and shall	8264
be paid to and collected by the director of transportation at the	8265
time of making application as provided in that section.	8266

Sec. 4561.18. (A) The owner of any aircraft that is based in	8267
this state and that is not of a type specified in divisions (A)(1)	8268
to ~~(6)~~(5) of section 4561.17 of the Revised Code, shall register	8269
that aircraft with the department of transportation pursuant to	8270
this section.	8271

(B) Applications for the licensing and registration of	8272
aircraft shall be made and signed by the owner on forms the	8273
department of transportation prepares. The forms shall contain a	8274
description of the aircraft, including its federal registration	8275
number, the airport or other place at which the aircraft is based,	8276
and any other information the department requires.	8277

(C)(1) Registration forms shall be filed with the director of	8278
transportation annually at the time the director specifies and	8279
shall be renewed according to the standard renewal procedure of	8280
sections 4745.01 to 4745.03 of the Revised Code. If the airport or	8281
other place at which the aircraft usually is based changes, the	8282
owner shall update the registration by filing a new form with the	8283
office of aviation.	8284

(2) An application for the registration of any aircraft not	8285
previously registered in this state that is acquired or becomes	8286
subject to the license tax subsequent to the last day of January	8287
in any year, shall be made for the balance of the year in which	8288
the aircraft is acquired, within thirty days after the acquisition	8289
or after becoming subject to the license tax.	8290

(D)(1) Each registration form shall be accompanied by the	8291
proper license tax, which, for all aircraft other than those	8292
described in ~~divisions~~division (D)(2) ~~and (3)~~ of this section,	8293
shall be at the annual rate of fifteen dollars per seat, based on	8294
the manufacturer's maximum listed seating capacity.	8295

(2) The license tax for gliders and balloons shall be fifteen	8296
dollars annually.	8297

~~(3) The annual license tax for commercial cargo aircraft~~	8298
~~shall be seven hundred fifty dollars per aircraft.~~	8299

(E) The department of transportation shall maintain all	8300
registrations filed with it under this section and shall develop a	8301
program to track and enforce the registration of aircraft based in	8302
this state.	8303

(F) The taxes this section requires are in lieu of all other	8304
taxes on or with respect to ownership of an aircraft.	8305

(G) The director of transportation shall impose a fine	8306
pursuant to section 4561.22 of the Revised Code for each aircraft	8307
that an owner fails to register as this section requires and shall	8308
require the owner to register the aircraft within the time the	8309
director specifies. The director may impose a separate fine for	8310
each registration period during which the owner fails to register	8311
the aircraft.	8312

~~(H) As used in this section, "commercial cargo aircraft"~~	8313
~~means any aircraft used in connection with an all-cargo operation,~~	8314
~~as defined in 14 C.F.R. 119.3.~~	8315

Sec. 4561.21. (A) The director of transportation shall	8316
deposit all aircraft transfer fees in the state treasury to the	8317
credit of the general fund.	8318

(B) The director shall deposit all aircraft license taxes	8319
and fines in the state treasury to the credit of the airport	8320
assistance fund, which is hereby created. Money in the fund shall	8321
be used for maintenance and capital improvements to publicly	8322
owned airports, and the director shall distribute the money to	8323
eligible recipients in accordance with such procedures,	8324
guidelines, and criteria as the director shall establish.	8325

Sec. 4729.42. (A) As used in this section, "qualified	8326
pharmacy technician" means a person who is under the personal	8327
supervision of a pharmacist and to whom all of the following	8328
apply:	8329

(1) The person is eighteen years of age or older.

8330

(2) The person possesses a high school diploma, possesses a	8331
certificate of high school equivalence, or was employed prior to	8332
~~the effective date of this section~~April 8, 2009, as a pharmacy	8333
technician without a high school diploma or a certificate of	8334
high school equivalence.	8335

(3) The person has passed an examination approved by the	8336
state board of pharmacy to determine a person's competency to	8337
perform services as a pharmacy technician.	8338

(4) Except as otherwise provided in this section, the person	8339
has submitted to a criminal records check in accordance with	8340
section 4776.02 of the Revised Code as if the person was an	8341
applicant for an initial license who is subject to that section,	8342
and the results of the criminal records check provided as	8343
described in that section and section 4776.04 of the Revised Code	8344
do not show that the person previously has been convicted of or	8345
pleaded guilty to any felony in this state, any other state, or	8346
the United States.	8347

(B) Except as provided in division ~~(E)~~(F) of this section, no	8348
person who is not a pharmacist, pharmacy intern, or qualified	8349
pharmacy technician shall do any of the following in a pharmacy	8350
or while performing a function of a pharmacy:	8351

(1) Engage in the compounding of any drug;

8352

(2) Package or label any drug;

8353

(3) Prepare or mix any intravenous drug to be injected into	8354
a human being.	8355

(C) No pharmacist shall allow any person employed or	8356
otherwise under the control of the pharmacist to violate division	8357
(B) of this section.	8358

(D) No person who owns, manages, or conducts a pharmacy shall	8359
allow any person employed or otherwise under the control of the	8360
person who owns, manages, or conducts the pharmacy to violate	8361
division (B) of this section.	8362

(E) No person who submits to a criminal records check in	8363
accordance with section 4776.02 of the Revised Code for the	8364
purpose of satisfying the criterion set forth in division (A)(4)	8365
of this section and who obtains a report pursuant to section	8366
4776.02 or 4776.04 of the Revised Code containing the results of	8367
the criminal records check and any information provided by the	8368
federal bureau of investigation shall modify or alter, or allow	8369
any other person to modify or alter, any item, record, or	8370
information contained in the report and thereafter use the	8371
modified or altered report for the purpose of satisfying the	8372
criterion set forth in division (A)(4) of this section or	8373
otherwise submit or use it for any purpose or in any manner	8374
identified in division (A) of section 2921.13 of the Revised Code.	8375

(F)(1) Division (B) of this section does not prohibit a	8376
health care professional authorized to engage in the activities	8377
specified in division (B)(1), (2), or (3) of this section while	8378
acting in the course of the professional's practice.	8379

(2) Division (B) of this section does not prohibit the	8380
activities performed by a student as an integral part of a	8381
pharmacy technician training program that is operated by a	8382
vocational school district or joint vocational school district,	8383
certified by the department of education, or approved by the Ohio	8384
board of regents.	8385

(3) In the case of a person employed after ~~the effective date~~	8386
~~of this section~~April 8, 2009, division (B) of this section does	8387
not prohibit the person's activities for the first two hundred	8388
ten days following the initial date of employment, if both of	8389
the following apply:	8390

(a) The person is participating in or has completed a	8391
pharmacy technician training program that meets the board's	8392
standards for those programs and is making substantial progress	8393
in preparation to take a pharmacy technician examination approved	8394
by the board.	8395

(b) The results of the person's criminal records check	8396
provided as described in sections 4776.02 and 4776.04 of the	8397
Revised Code show that the person previously has not been	8398
convicted of or has not pleaded guilty to any felony in this	8399
state, any other state, or the United States.	8400

(4) In the case of a person who completes a pharmacy	8401
technician training program that is operated by a vocational	8402
school district or joint vocational school district, division (B)	8403
of this section does not prohibit the person's activities for the	8404
first two hundred ten days following the date of completing the	8405
program, if both of the following apply:	8406

(a) The person is making substantial progress in preparation	8407
to take a pharmacy technician examination approved by the board.	8408

(b) The results of the person's criminal records check show	8409
that the person previously has not been convicted of or has not	8410
pleaded guilty to any felony in this state, any other state, or	8411
the United States.	8412

(5) In the case of a person employed on ~~the effective date of~~	8413
~~this section~~April 8, 2009, in the capacity of a pharmacy	8414
technician, division (B) of this section does not do either of	8415
the following:	8416

(a) Require the person to undergo a criminal records check if	8417
the person has been employed for five years or longer;	8418

(b) Prohibit the person's activities until the earlier of	8419
either of the following:	8420

(i) If the person has not passed an examination described in	8421
division (A)(3) of this section, one year after ~~the effective date~~	8422
~~of this section~~April 8, 2009;	8423

(ii) If a criminal records check is required because the	8424
person has not been employed for five years or longer, the date on	8425
which the person and the employer receive the results of a	8426
criminal records check provided as described in sections 4776.02	8427
and 4776.04 of the Revised Code that show the person previously	8428
has been convicted of or pleaded guilty to any felony in this	8429
state, any other state, or the United States.	8430

Sec. 4729.99. (A) Whoever violates section 4729.16, division	8431
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	8432
Code is guilty of a minor misdemeanor. Each day's violation	8433
constitutes a separate offense.	8434

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	8435
the Revised Code is guilty of a misdemeanor of the third degree.	8436
Each day's violation constitutes a separate offense. If the	8437
offender previously has been convicted of or pleaded guilty to a	8438
violation of this chapter, that person is guilty of a misdemeanor	8439
of the second degree.	8440

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	8441
the Revised Code is guilty of a misdemeanor.	8442

(D) Whoever violates division (A), (B), (D), or (E) of	8443
section 4729.51 of the Revised Code is guilty of a misdemeanor of	8444
the first degree.	8445

(E)(1) Whoever violates section 4729.37, division (C)(2) of	8446
section 4729.51, division (J) of section 4729.54, or section	8447
4729.61 of the Revised Code is guilty of a felony of the fifth	8448
degree. If the offender previously has been convicted of or	8449
pleaded guilty to a violation of this chapter or a violation of	8450
Chapter 2925. or 3719. of the Revised Code, that person is guilty	8451
of a felony of the fourth degree.	8452

(2) If an offender is convicted of or pleads guilty to a	8453
violation of section 4729.37, division (C) of section 4729.51,	8454
division (J) of section 4729.54, or section 4729.61 of the Revised	8455
Code, if the violation involves the sale, offer to sell, or	8456
possession of a schedule I or II controlled substance, with the	8457
exception of marihuana, and if the court imposing sentence upon	8458
the offender finds that the offender as a result of the violation	8459
is a major drug offender, as defined in section 2929.01 of the	8460
Revised Code, and is guilty of a specification of the type	8461
described in section 2941.1410 of the Revised Code, the court, in	8462
lieu of the prison term authorized or required by division (E)(1)	8463
of this section and sections 2929.13 and 2929.14 of the Revised	8464
Code and in addition to any other sanction imposed for the offense	8465
under sections 2929.11 to 2929.18 of the Revised Code, shall	8466
impose upon the offender, in accordance with division (D)(3)(a) of	8467
section 2929.14 of the Revised Code, the mandatory prison term	8468
specified in that division and may impose an additional prison	8469
term under division (D)(3)(b) of that section.	8470

(3) Notwithstanding any contrary provision of section 3719.21	8471
of the Revised Code, the clerk of court shall pay any fine imposed	8472
for a violation of section 4729.37, division (C) of section	8473
4729.51, division (J) of section 4729.54, or section 4729.61 of	8474
the Revised Code pursuant to division (A) of section 2929.18 of	8475
the Revised Code in accordance with and subject to the	8476
requirements of division (F) of section 2925.03 of the Revised	8477
Code. The agency that receives the fine shall use the fine as	8478
specified in division (F) of section 2925.03 of the Revised Code.	8479

(F) Whoever violates section 4729.531 of the Revised Code or	8480
any rule adopted thereunder or section 4729.532 of the Revised	8481
Code is guilty of a misdemeanor of the first degree.	8482

(G) Whoever violates division (C)(1) of section 4729.51 of	8483
the Revised Code is guilty of a felony of the fourth degree. If	8484
the offender has previously been convicted of or pleaded guilty to	8485
a violation of this chapter, or of a violation of Chapter 2925. or	8486
3719. of the Revised Code, that person is guilty of a felony of	8487
the third degree.	8488

(H) Whoever violates division (C)(3) of section 4729.51 of	8489
the Revised Code is guilty of a misdemeanor of the first degree.	8490
If the offender has previously been convicted of or pleaded guilty	8491
to a violation of this chapter, or of a violation of Chapter 2925.	8492
or 3719. of the Revised Code, that person is guilty of a felony of	8493
the fifth degree.	8494

(I)(1) Whoever violates division (B) of section 4729.42 of	8495
the Revised Code is guilty of unauthorized pharmacy-related drug	8496
conduct. Except as otherwise provided in this section,	8497
unauthorized pharmacy-related drug conduct is a misdemeanor of	8498
the second degree. If the offender previously has been convicted	8499
of or pleaded guilty to a violation of division (B), (C), or (D),	8500
or (E) of that section, unauthorized pharmacy-related drug	8501
conduct is a misdemeanor of the first degree on a second offense	8502
and a felony of the fifth degree on a third or subsequent offense.	8503

(2) Whoever violates division (C) or (D) of section 4729.42	8504
of the Revised Code is guilty of permitting unauthorized	8505
pharmacy-related drug conduct. Except as otherwise provided in	8506
this section, permitting unauthorized pharmacy-related drug	8507
conduct is a misdemeanor of the second degree. If the offender	8508
previously has been convicted of or pleaded guilty to a violation	8509
of division (B), (C), or (D), or (E) of that section, permitting	8510
unauthorized pharmacy-related drug conduct is a misdemeanor of	8511
the first degree on a second offense and a felony of the fifth	8512
degree on a third or subsequent offense.	8513

(3) Whoever violates division (E) of section 4749.02 of the	8514
Revised Code is guilty of the offense of falsification under	8515
section 2921.13 of the Revised Code. In addition to any other	8516
sanction imposed for the violation, the offender is forever	8517
disqualified from engaging in any activity specified in division	8518
(B)(1), (2), or (3) of section 4749.02 of the Revised Code and	8519
from performing any function as a health care professional or	8520
health care worker. As used in this division, "health care	8521
professional" and "health care worker" have the same meanings as	8522
in section 2305.234 of the Revised Code.	8523

(4) Notwithstanding any contrary provision of section	8524
3719.21 of the Revised Code or any other provision of law that	8525
governs the distribution of fines, the clerk of the court shall	8526
pay any fine imposed pursuant to division (I)(1) or, (2), or (3)	8527
of this section to the state board of pharmacy if the board has	8528
adopted a written internal control policy under division (F)(2)	8529
of section 2925.03 of the Revised Code that addresses fine	8530
moneys that it receives under Chapter 2925. of the Revised Code	8531
and if the policy also addresses fine moneys paid under this	8532
division. The state board of pharmacy shall use the fines so	8533
paid in accordance with the written internal control policy to	8534
subsidize the board's law enforcement efforts that pertain to	8535
drug offenses.	8536

Sec. 4776.02. (A) An applicant for an initial license or	8537
restored license from a licensing agency, or a person seeking to	8538
satisfy the criteria for being a qualified pharmacy technician	8539
that are specified in section 4729.42 of the Revised Code, shall	8540
submit a request to the bureau of criminal identification and	8541
investigation for a criminal records check of the applicant or	8542
person. The request shall be accompanied by a completed copy of	8543
the form prescribed under division (C)(1) of section 109.572 of	8544
the Revised Code, a set of fingerprint impressions obtained as	8545
described in division (C)(2) of that section, and the fee	8546
prescribed under division (C)(3) of that section. The applicant	8547
or person shall ask the superintendent of the bureau of criminal	8548
identification and investigation in the request to obtain from	8549
the federal bureau of investigation any information it has	8550
pertaining to the applicant or person.	8551

An applicant or person requesting a criminal records check	8552
shall provide the bureau of criminal identification and	8553
investigation with the applicant's or person's name and address	8554
and, regarding an applicant, with the licensing agency's name and	8555
address.	8556

(B) Upon receipt of the completed form, the set of	8557
fingerprint impressions, and the fee provided for in division (A)	8558
of this section, the superintendent of the bureau of criminal	8559
identification and investigation shall conduct a criminal records	8560
check of the applicant or person under division (B) of section	8561
109.572 of the Revised Code. Upon completion of the criminal	8562
records check, the superintendent shall ~~report the results of the~~	8563
~~criminal records check and any information the federal bureau of~~	8564
~~investigation provides to~~do whichever of the following is	8565
applicable:	8566

(1) If the request was submitted by an applicant for an	8567
initial license or restored license, report the results of the	8568
criminal records check and any information the federal bureau of	8569
investigation provides to the licensing agency identified in the	8570
request for a criminal records check;	8571

(2) If the request was submitted by a person seeking to	8572
satisfy the criteria for being a qualified pharmacy technician	8573
that are specified in section 4729.42 of the Revised Code, do both	8574
of the following:	8575

(a) Report the results of the criminal records check and any	8576
information the federal bureau of investigation provides to the	8577
person who submitted the request ~~and~~;	8578

(b) Report the results of the portion of the criminal records	8579
check performed by the bureau of criminal identification and	8580
investigation under division (B)(1) of section 109.572 of the	8581
Revised Code to the employer or potential employer specified in	8582
the request of the person who submitted the request and send a	8583
letter to that employer or potential employer regarding the	8584
information provided by the federal bureau of investigation that	8585
states either that based on that information there is no record of	8586
any conviction or that based on that information the person who	8587
submitted the request may not meet the criteria that are specified	8588
in section 4729.02 of the Revised Code, whichever is applicable.	8589

Sec. 4776.04. The results of any criminal records check	8590
conducted pursuant to a request made under this chapter and any	8591
report containing those results, including any information the	8592
federal bureau of investigation provides, are not public records	8593
for purposes of section 149.43 of the Revised Code and shall not	8594
be made available to any person or for any purpose other than as	8595
follows:	8596

(A) If the request for the criminal records check was	8597
submitted by an applicant for an initial license or restored	8598
license, as follows:	8599

(1) The superintendent of the bureau of criminal	8600
identification and investigation shall make the results available	8601
to the licensing agency for use in determining, under the agency's	8602
authorizing chapter of the Revised Code, whether the applicant who	8603
is the subject of the criminal records check should be granted a	8604
license under that chapter.	8605

(2) The licensing agency shall make the results available to	8606
the applicant who is the subject of the criminal records check or	8607
~~to the applicant's representative~~.	8608

(B) If the request for the criminal records check was	8609
submitted by a person seeking to satisfy the criteria for being a	8610
qualified pharmacy technician that are specified in section	8611
4729.42 of the Revised Code, the superintendent of the bureau of	8612
criminal identification and investigation shall make the results	8613
available ~~to both of~~in accordance with the following:	8614

(1) The superintendent shall make the results of the criminal	8615
records check, including any information the federal bureau of	8616
investigation provides, available to the person who submitted the	8617
request and is the subject of the criminal records check;.	8618

(2) The superintendent shall make the results of the portion	8619
of the criminal records check performed by the bureau of criminal	8620
identification and investigation under division (B)(1) of section	8621
109.572 of the Revised Code available to the employer or potential	8622
employer specified in the request of the person who submitted the	8623
request and shall send a letter of the type described in division	8624
(B)(2) of section 4776.02 of the Revised Code to that employer or	8625
potential employer regarding the information provided by the	8626
federal bureau of investigation that contains one of the types of	8627
statements described in that division.	8628

Sec. 4905.801. (A) No person shall transport or cause to be	8629
transported any shipment of material that is subject to division	8630
(A)(1) of section 4163.07 of the Revised Code within, into, or	8631
through this state by rail or motor carrier unless the person, at	8632
least four days prior to the date of the shipment, pays to the	8633
public utilities commission the following fees for each shipment:	8634

(1) Two thousand five hundred dollars for each shipment by a	8635
motor carrier;	8636

(2) Four thousand five hundred dollars for the first cask	8637
designated for transport by rail and three thousand dollars for	8638
each additional cask designated for transport by rail that is	8639
shipped by the same person or entity in the same shipment.	8640

(B)(1) This section does not apply to either of the	8641
following:	8642

(a) Any shipment of material that is subject to division	8643
(A)(1) of section 4163.07 of the Revised Code by or for the United	8644
States government for military or national defense purposes;	8645

(b) Any shipment of material that is subject to division	8646
(A)(1) of section 4163.07 of the Revised Code to or from a plant	8647
that is owned by the United States department of energy and that	8648
is located in this state or to or from entities that operate on	8649
land located in this state that is owned or controlled by the	8650
United States department of energy or the United States department	8651
of defense.	8652

(2) Except as provided in division (B)(1)(a) and (b) of this	8653
section, this section applies to all other shipments of any	8654
material that is subject to division (A)(1) of section 4163.07 of	8655
the Revised Code by or for the United States government to the	8656
extent permitted by federal law.	8657

(C) Whoever violates division (A) of this section is liable	8658
for a civil penalty in an amount not to exceed ten times the	8659
amount of the fee that is due under this section. The attorney	8660
general, upon the request of the public utilities commission,	8661
shall bring a civil action to collect the penalty. Penalties	8662
collected under this section shall be deposited in the state	8663
treasury to the credit of the radioactive waste transportation	8664
fund created in section 4905.802 of the Revised Code.	8665

Sec. 4905.802. (A)(1) All fees collected under section	8666
4905.801 of the Revised Code shall be credited to the radioactive	8667
waste transportation fund, which is hereby created in the state	8668
treasury. All investment earnings of the fund shall be credited to	8669
it.	8670

(2) Money in the radioactive waste transportation fund shall	8671
be used only for the following purposes related to the shipment of	8672
material that is subject to division (A)(1) of section 4163.07 of	8673
the Revised Code as determined by the public utilities commission:	8674

(a) State and local expenses, including inspections, escorts,	8675
security, emergency management services, and accident response;	8676

(b) Planning, coordination, education, and training of	8677
emergency response providers, law enforcement agencies, and other	8678
appropriate state or local entities;	8679

(c) Purchase and maintenance of monitoring, medical, safety,	8680
or emergency response equipment and supplies;	8681

(d) Administrative costs of the commission and other state or	8682
local entities;	8683

(e) Other similar expenses determined by the commission to be	8684
appropriate.	8685

(B)(1) The commission may adopt rules as necessary to	8686
implement sections 4905.801 and 4905.802 of the Revised Code.	8687

(2) In administering section 4905.801 of the Revised Code,	8688
the commission shall work with any department or agency of	8689
federal, state, or local government that also regulates the	8690
shipment of material that is subject to division (A)(1) of section	8691
4163.07 of the Revised Code.	8692

(3) Subject to division (C) of section 4163.07 of the Revised	8693
Code, the commission, consistent with national security	8694
requirements, may notify any law enforcement agency or other state	8695
or local entity affected by the shipment that the commission	8696
considers necessary for public safety.	8697

(4) Not later than December 31, 2010, the commission shall	8698
prepare and submit to both houses of the general assembly a report	8699
on the fees received by the commission under section 4905.801 of	8700
the Revised Code and on expenditures made from the radioactive	8701
waste transportation fund.	8702

Sec. 4928.64. (A)(1) As used in sections 4928.64 and 4928.65	8703
of the Revised Code, "alternative energy resource" means an	8704
advanced energy resource or renewable energy resource, as	8705
defined in section 4928.01 of the Revised Code that has a	8706
placed-in-service date of January 1, 1998, or after; a renewable	8707
energy resource created on or after January 1, 1998, by the	8708
modification or retrofit of any facility placed in service prior	8709
to January 1, 1998; or a mercantile customer-sited ~~advance~~	8710
advanced energy resource or renewable energy resource, whether	8711
new or existing, that the mercantile customer commits for	8712
integration into the electric distribution utility's	8713
demand-response, energy efficiency, or peak demand reduction	8714
programs as provided under division ~~(B)~~(A)(2)~~(b)~~(c) of section	8715
4928.66 of the Revised Code, including, but not limited to, any	8716
of the following:	8717

(a) A resource that has the effect of improving the	8718
relationship between real and reactive power;	8719

(b) A resource that makes efficient use of waste heat or	8720
other thermal capabilities owned or controlled by a mercantile	8721
customer;	8722

(c) Storage technology that allows a mercantile customer more	8723
flexibility to modify its demand or load and usage	8724
characteristics;	8725

(d) Electric generation equipment owned or controlled by a	8726
mercantile customer that uses an advanced energy resource or	8727
renewable energy resource;	8728

(e) Any advanced energy resource or renewable energy resource	8729
of the mercantile customer that can be utilized effectively as	8730
part of any advanced energy resource plan of an electric	8731
distribution utility and would otherwise qualify as an alternative	8732
energy resource if it were utilized directly by an electric	8733
distribution utility.	8734

(2) For the purpose of this section and as it considers	8735
appropriate, the public utilities commission may classify any new	8736
technology as such an advanced energy resource or a renewable	8737
energy resource.	8738

(B) By 2025 and thereafter, an electric distribution utility	8739
shall provide from alternative energy resources, including, at	8740
its discretion, alternative energy resources obtained pursuant to	8741
an electricity supply contract, a portion of the electricity	8742
supply required for its standard service offer under section	8743
4928.141 of the Revised Code, and an electric services company	8744
shall provide a portion of its electricity supply for retail	8745
consumers in this state from alternative energy resources,	8746
including, at its discretion, alternative energy resources	8747
obtained pursuant to an electricity supply contract. That portion	8748
shall equal twenty-five per cent of the total number of	8749
kilowatt hours of electricity sold by the subject utility or	8750
company to any and all retail electric consumers whose electric	8751
load centers are served by that utility and are located within	8752
the utility's certified territory or, in the case of an	8753
electric services company, are served by the company and are	8754
located within this state. However, nothing in this section	8755
precludes a utility or company from providing a greater	8756
percentage. The baseline for a utility's or company's compliance	8757
with the alternative energy resource requirements of this section	8758
shall be the average of such total kilowatt hours it sold in the	8759
preceding three calendar years, except that the commission may	8760
reduce a utility's or company's baseline to adjust for new	8761
economic growth in the utility's certified territory or, in the	8762
case of an electric services company, in the company's service	8763
area in this state.	8764

Of the alternative energy resources implemented by the	8765
subject utility or company by 2025 and thereafter:	8766

(1) Half may be generated from advanced energy resources;

8767

(2) At least half shall be generated from renewable energy	8768
resources, including one-half per cent from solar energy	8769
resources, in accordance with the following benchmarks:	8770

By end of year	Renewable energy resources	Solar energy resources	8771
2009	0.25%	0.004%	8772
2010	0.50%	0.010%	8773
2011	1%	0.030%	8774
2012	1.5%	0.060%	8775
2013	2%	0.090%	8776
2014	2.5%	0.12%	8777
2015	3.5%	0.15%	8778
2016	4.5%	0.18%	8779
2017	5.5%	0.22%	8780
2018	6.5%	0.26%	8781
2019	7.5%	0.3%	8782
2020	8.5%	0.34%	8783
2021	9.5%	0.38%	8784
2022	10.5%	0.42%	8785
2023	11.5%	0.46%	8786
2024 and each calendar year thereafter	12.5%	0.5%	8787

(3) At least one-half of the renewable energy resources	8788
implemented by the utility or company shall be met through	8789
facilities located in this state; the remainder shall be met with	8790
resources that can be shown to be deliverable into this state.	8791

(C)(1) The commission annually shall review an electric	8792
distribution utility's or electric services company's compliance	8793
with the most recent applicable benchmark under division (B)(2)	8794
of this section and, in the course of that review, shall identify	8795
any undercompliance or noncompliance of the utility or company	8796
that it determines is weather-related, related to equipment or	8797
resource shortages for advanced energy or renewable energy	8798
resources as applicable, or is otherwise outside the utility's or	8799
company's control.	8800

(2) Subject to the cost cap provisions of division (C)(3) of	8801
this section, if the commission determines, after notice and	8802
opportunity for hearing, and based upon its findings in that	8803
review regarding avoidable undercompliance or noncompliance, but	8804
subject to division (C)(4) of this section, that the utility or	8805
company has failed to comply with any such benchmark, the	8806
commission shall impose a renewable energy compliance payment	8807
on the utility or company.	8808

(a) The compliance payment pertaining to the solar energy	8809
resource benchmarks under division (B)(2) of this section shall be	8810
an amount per megawatt hour of undercompliance or noncompliance in	8811
the period under review, starting at four hundred fifty dollars	8812
for 2009, four hundred dollars for 2010 and 2011, and similarly	8813
reduced every two years thereafter through 2024 by fifty dollars,	8814
to a minimum of fifty dollars.	8815

(b) The compliance payment pertaining to the renewable	8816
energy resource benchmarks under division (B)(2) of this section	8817
shall equal the number of additional renewable energy credits	8818
that the electric distribution utility or electric services	8819
company would have needed to comply with the applicable	8820
benchmark in the period under review times an amount that shall	8821
begin at forty-five dollars and shall be adjusted annually by the	8822
commission to reflect any change in the consumer price index as	8823
defined in section 101.27 of the Revised Code, but shall not be	8824
less than forty-five dollars.	8825

(c) The compliance payment shall not be passed through by the	8826
electric distribution utility or electric services company to	8827
consumers. The compliance payment shall be remitted to the	8828
commission, for deposit to the credit of the advanced energy fund	8829
created under section 4928.61 of the Revised Code. Payment of the	8830
compliance payment shall be subject to such collection and	8831
enforcement procedures as apply to the collection of a	8832
forfeiture under sections 4905.55 to 4905.60 and 4905.64 of the	8833
Revised Code.	8834

(3) An electric distribution utility or an electric services	8835
company need not comply with a benchmark under division (B)(1) or	8836
(2) of this section to the extent that its reasonably expected	8837
cost of that compliance exceeds its reasonably expected cost of	8838
otherwise producing or acquiring the requisite electricity by	8839
three per cent or more.	8840

(4)(a) An electric distribution utility or electric services	8841
company may request the commission to make a force majeure	8842
determination pursuant to this division regarding all or part of	8843
the utility's or company's compliance with any minimum benchmark	8844
under division (B)(2) of this section during the period of review	8845
occurring pursuant to division (C)(2) of this section. The	8846
commission may require the electric distribution utility or	8847
electric services company to make solicitations for renewable	8848
energy resource credits as part of its default service before the	8849
utility's or company's request of force majeure under this	8850
division can be made.	8851

(b) Within ninety days after the filing of a request by an	8852
electric distribution utility or electric services company under	8853
division (C)(4)(a) of this section, the commission shall determine	8854
if renewable energy resources are reasonably available in the	8855
marketplace in sufficient quantities for the utility or company to	8856
comply with the subject minimum benchmark during the review	8857
period. In making this determination, the commission shall	8858
consider whether the electric distribution utility or electric	8859
services company has made a good faith effort to acquire	8860
sufficient renewable energy or, as applicable, solar energy	8861
resources to so comply, including, but not limited to, by banking	8862
or seeking renewable energy resource credits or by seeking the	8863
resources through long-term contracts. Additionally, the	8864
commission shall consider the availability of renewable energy or	8865
solar energy resources in this state and other jurisdictions in	8866
the PJM interconnection regional transmission organization or its	8867
successor and the midwest system operator or its successor.	8868

(c) If, pursuant to division (C)(4)(b) of this section, the	8869
commission determines that renewable energy or solar energy	8870
resources are not reasonably available to permit the electric	8871
distribution utility or electric services company to comply,	8872
during the period of review, with the subject minimum benchmark	8873
prescribed under division (B)(2) of this section, the commission	8874
shall modify that compliance obligation of the utility or company	8875
as it determines appropriate to accommodate the finding.	8876
Commission modification shall not automatically reduce the	8877
obligation for the electric distribution utility's or electric	8878
services company's compliance in subsequent years. If it modifies	8879
the electric distribution utility or electric services company	8880
obligation under division (C)(4)(c) of this section, the	8881
commission may require the utility or company, if sufficient	8882
renewable energy resource credits exist in the marketplace, to	8883
acquire additional renewable energy resource credits in subsequent	8884
years equivalent to the utility's or company's modified obligation	8885
under division (C)(4)(c) of this section.	8886

(5) The commission shall establish a process to provide for	8887
at least an annual review of the alternative energy resource	8888
market in this state and in the service territories of the	8889
regional transmission organizations that manage transmission	8890
systems located in this state. The commission shall use the	8891
results of this study to identify any needed changes to the	8892
amount of the renewable energy compliance payment specified	8893
under divisions (C)(2)(a) and (b) of this section.	8894
Specifically, the commission may increase the amount to ensure	8895
that payment of compliance payments is not used to achieve	8896
compliance with this section in lieu of actually acquiring or	8897
realizing energy derived from renewable energy resources.	8898
However, if the commission finds that the amount of the	8899
compliance payment should be otherwise changed, the commission	8900
shall present this finding to the general assembly for	8901
legislative enactment.	8902

(D)(1) The commission annually shall submit to the general	8903
assembly in accordance with section 101.68 of the Revised Code a	8904
report describing the compliance of electric distribution	8905
utilities and electric services companies with division (B) of	8906
this section and any strategy for utility and company compliance	8907
or for encouraging the use of alternative energy resources in	8908
supplying this state's electricity needs in a manner that	8909
considers available technology, costs, job creation, and	8910
economic impacts. The commission shall allow and consider public	8911
comments on the report prior to its submission to the general	8912
assembly. Nothing in the report shall be binding on any person,	8913
including any utility or company for the purpose of its	8914
compliance with any benchmark under division (B) of this	8915
section, or the enforcement of that provision under division	8916
(C) of this section.	8917

(2) The governor, in consultation with the commission	8918
chairperson, shall appoint an alternative energy advisory	8919
committee. The committee shall examine available technology for	8920
and related timetables, goals, and costs of the alternative	8921
energy resource requirements under division (B) of this section	8922
and shall submit to the commission a semiannual report of its	8923
recommendations.	8924

(E) All costs incurred by an electric distribution utility	8925
in complying with the requirements of this section shall be	8926
bypassable by any consumer that has exercised choice of supplier	8927
under section 4928.03 of the Revised Code.	8928

Sec. 4928.65. An electric distribution utility or electric	8929
services company may use renewable energy credits any time in the	8930
five calendar years following the date of their purchase or	8931
acquisition from any entity, including, but not limited to, a	8932
mercantile customer or an owner or operator of a hydroelectric	8933
generating facility that is located at a dam on a river, or on any	8934
water discharged to a river, that is within or bordering this	8935
state or within or bordering an adjoining state, for the	8936
purpose of complying with the renewable energy and solar energy	8937
resource requirements of division (B)(2) of section 4928.64 of	8938
the Revised Code. The public utilities commission shall adopt	8939
rules specifying that one unit of credit shall equal one	8940
megawatt hour of electricity derived from renewable energy	8941
resources, except that, for a generating facility of seventy-five	8942
megawatts or greater that is situated within this state and has	8943
committed by December 31, 2009, to modify or retrofit its	8944
generating unit or units to enable the facility to generate	8945
principally from biomass energy by June 30, 2013, each megawatt	8946
hour of electricity generated principally from that biomass energy	8947
shall equal, in units of credit, the product obtained by	8948
multiplying the actual percentage of biomass feedstock heat input	8949
used to generate such megawatt hour by the quotient obtained by	8950
dividing the then existing unit dollar amount used to determine a	8951
renewable energy compliance payment as provided under division	8952
(C)(2)(b) of section 4928.64 of the Revised Code by the then	8953
existing market value of one renewable energy credit, but such	8954
megawatt hour shall not equal less than one unit of credit. The	8955
rules also shall provide for this state a system of	8956
registering renewable energy credits by specifying which of	8957
any generally available registries shall be used for that	8958
purpose and not by creating a registry. That selected system	8959
of registering renewable energy credits shall allow a	8960
hydroelectric generating facility to be eligible for obtaining	8961
renewable energy credits and shall allow customer-sited projects	8962
or actions the broadest opportunities to be eligible for	8963
obtaining renewable energy credits.	8964

Sec. 4981.02. (A) There is hereby created the Ohio rail	8965
development commission, as an independent agency of the state	8966
within the department of transportation, consisting of ~~six~~seven	8967
members appointed by the governor with the advice and consent of	8968
the senate, two members of the Ohio senate, one of whom shall be	8969
appointed by and serve at the pleasure of the president of the	8970
senate and one of whom shall be appointed by and serve at the	8971
pleasure of the minority leader of the senate, two members of the	8972
Ohio house of representatives, one of whom shall be appointed by	8973
and serve at the pleasure of the speaker of the house of	8974
representatives and one of whom shall be appointed by and serve at	8975
the pleasure of the minority leader of the house of	8976
representatives, and two members representing the general public,	8977
one of whom shall be appointed by the president of the senate and	8978
one of whom shall be appointed by the speaker of the house of	8979
representatives. The director of transportation and the director	8980
of development, or their designees, shall be ex officio members of	8981
the commission. Of the members appointed by the governor, one	8982
shall serve as chairman of the commission, one shall represent the	8983
interests of a freight rail company, one shall represent the	8984
interests of passenger rail service, one shall have expertise in	8985
infrastructure financing, one shall represent the interests of	8986
organized labor, one shall represent the interests of	8987
manufacturers and have contracting responsibility for rail and	8988
nonrail freight transportation, and one shall represent the	8989
general public. All members shall be reimbursed for actual	8990
expenses incurred in the performance of their duties. The members	8991
of the commission from the Ohio senate and the Ohio house of	8992
representatives shall serve as nonvoting members. No more than	8993
four members of the ~~six~~seven appointed to the commission by the	8994
governor shall be from the same political party. Each member of	8995
the commission shall be a resident of this state.	8996

(B) Within sixty days after the effective date of this	8997
amendment, the governor shall make initial appointments to the	8998
commission. Of the initial appointments made to the commission,	8999
three shall be for a term ending three years after the effective	9000
date of this amendment, and three shall be for a term ending six	9001
years after that date. Terms for all other appointments made to	9002
the commission shall be for six years. Vacancies shall be filled	9003
in the manner provided for original appointments. Any member	9004
appointed to fill a vacancy shall have the same qualifications as	9005
his predecessor. Each term shall end on the same day of the same	9006
month of the year as did the term which it succeeds. Each	9007
appointed member shall hold office from the date of his	9008
appointment until the end of the term for which he was appointed.	9009
Any member appointed to fill a vacancy before the expiration of	9010
the term for which his predecessor was appointed shall hold office	9011
for the remainder of that term. Any appointed member shall	9012
continue in office subsequent to the expiration date of his term	9013
until his successor takes office, or for a period of sixty days,	9014
whichever occurs first. All members shall be eligible for	9015
reappointment.	9016

(C) The commission may employ an executive director, who	9017
shall have appropriate experience as determined by the commission,	9018
and a secretary-treasurer and other employees that the commission	9019
considers appropriate. The commission may fix the compensation of	9020
the employees.	9021

(D) Six members of the commission shall constitute a quorum,	9022
and the affirmative vote of ~~five~~six members shall be necessary	9023
for any action taken by the commission. No vacancy in the	9024
membership of the commission shall impair the rights of a quorum	9025
to exercise all the rights and perform all the duties of the	9026
commission.	9027

(E) All members of the commission are subject to Chapter 102.	9028
of the Revised Code.	9029

(F) The department of transportation may use all appropriate	9030
sources of revenue to assist the commission in developing and	9031
implementing rail service.	9032

(G) Expenditures by the department of transportation, the	9033
Ohio rail development commission, or any other state agency for	9034
capital improvements for the development of passenger rail shall	9035
be subject to the approval of the controlling board with an	9036
affirmative vote of not fewer than five members, including the	9037
affirmative vote of a majority of the controlling board members	9038
appointed by the president of the senate and a majority of the	9039
controlling board members appointed by the speaker of the house of	9040
representatives. All public funds acquired by the commission shall	9041
be used for developing, implementing, and regulating rail	9042
service and not for operating rail service unless the general	9043
assembly specifically approves the expenditure of funds for	9044
operating rail service.	9045

Sec. 4981.40. In any overall programmatic environmental	9046
impact study or other comprehensive high-speed rail project	9047
development study, the department of transportation and the rail	9048
development commission shall include all federally designated	9049
high-speed rail corridors in Ohio and all passenger rail corridors	9050
in the Ohio hub study.	9051

The department of transportation and the rail development	9052
commission shall work with Amtrak to examine methods to improve	9053
existing service between Toledo and Cleveland with a goal of	9054
creating optimum service to connect the planned Cleveland,	9055
Columbus, Dayton, and Cincinnati service.	9056

The department of transportation and the rail development	9057
commission shall examine the financial and economic feasibility of	9058
developing a passenger rail system between Toledo and Columbus,	9059
including necessary characteristics of a viable connection between	9060
the cities.	9061

Sec. 5501.03. (A) The department of transportation shall:

9062

(1) Exercise and perform such other duties, powers, and	9063
functions as are conferred by law on the director, the department,	9064
the assistant directors, the deputy directors, or on the divisions	9065
of the department;	9066

(2) Coordinate and develop, in cooperation with local,	9067
regional, state, and federal planning agencies and authorities,	9068
comprehensive and balanced state policy and planning to meet	9069
present and future needs for adequate transportation facilities in	9070
this state, including recommendations for adequate funding of the	9071
implementation of such planning;	9072

(3) Coordinate its activities with those of other appropriate	9073
state departments, public agencies, and authorities, and enter	9074
into any contracts with such departments, agencies, and	9075
authorities as may be necessary to carry out its duties, powers,	9076
and functions;	9077

(4) Cooperate with and assist the public utilities commission	9078
in the commission's administration of sections 4907.47 to 4907.476	9079
of the Revised Code, particularly with respect to the federal	9080
highway administration.;	9081

(5) Cooperate with and assist the Ohio power siting board in	9082
the board's administration of Chapter 4906. of the Revised Code;	9083

(6) Give particular consideration to the development of	9084
policy and planning for public transportation facilities, and to	9085
the coordination of associated activities relating thereto, as	9086
prescribed under divisions (A)(2) and (3) of this section;	9087

~~(6)~~(7) Conduct, in cooperation with the Ohio legislative	9088
service commission, any studies or comparisons of state traffic	9089
laws and local traffic ordinances with model laws and ordinances	9090
that may be required to meet program standards adopted by the	9091
United States department of transportation pursuant to the	9092
"Highway Safety Act of 1966," 80 Stat. 731, U.S.C.A. 401;	9093

~~(7)~~(8) Prepare, print, distribute, and advertise books, maps,	9094
pamphlets, and other information that, in the judgment of the	9095
director, will inform the public and other governmental	9096
departments, agencies, and authorities as to the duties, powers,	9097
and functions of the department;	9098

~~(8)~~(9) In its research and development program, consider	9099
technologies for improving roadways, including construction	9100
techniques and materials to prolong project life, being used or	9101
developed by other states that have geographic, geologic, or	9102
climatic features similar to this state's, and collaborate with	9103
those states in that development.	9104

(B) Nothing contained in division (A)(1) of this section	9105
shall be held to in any manner affect, limit, restrict, or	9106
otherwise interfere with the exercise of powers relating to	9107
transportation facilities by appropriate agencies of the federal	9108
government, or by counties, municipal corporations, or other	9109
political subdivisions or special districts in this state	9110
authorized by law to exercise such powers.	9111

~~(B)~~(C) The department may use all appropriate sources of	9112
revenue to assist in the development and implementation of rail	9113
service as defined by division (C) of section 4981.01 of the	9114
Revised Code.	9115

~~(C)~~(D) The director of transportation may enter into	9116
contracts with public agencies including political subdivisions,	9117
other state agencies, boards, commissions, regional transit	9118
authorities, county transit boards, and port authorities, to	9119
administer the design, qualification of bidders, competitive bid	9120
letting, construction inspection, and acceptance of any projects	9121
administered by the department, provided the administration of	9122
such projects is performed in accordance with all applicable	9123
state and federal laws and regulations with oversight by the	9124
department.	9125

Sec. 5501.311. (A) Notwithstanding sections 123.01 and	9126
127.16 of the Revised Code the director of transportation may	9127
lease or lease-purchase all or any part of a transportation	9128
facility to or from one or more persons, one or more governmental	9129
agencies, a transportation improvement district, or any	9130
combination thereof, and~~, in conjunction therewith,~~ may grant	9131
leases, easements, or licenses for lands under the control of	9132
the department of transportation. The director may adopt rules	9133
necessary to give effect to this section.	9134

(B) Plans and specifications for the construction of a	9135
transportation facility under a lease or lease-purchase agreement	9136
are subject to approval of the director and must meet or exceed	9137
all applicable standards of the department.	9138

(C) Any lease or lease-purchase agreement under which the	9139
department is the lessee shall be for a period not exceeding the	9140
then current two-year period for which appropriations have been	9141
made by the general assembly to the department, and such agreement	9142
may contain such other terms as the department and the other	9143
parties thereto agree, notwithstanding any other provision of law,	9144
including provisions that rental payments in amounts sufficient to	9145
pay bond service charges payable during the current two-year lease	9146
term shall be an absolute and unconditional obligation of the	9147
department independent of all other duties under the agreement	9148
without set-off or deduction or any other similar rights or	9149
defenses. Any such agreement may provide for renewal of the	9150
agreement at the end of each term for another term, not exceeding	9151
two years, provided that no renewal shall be effective until the	9152
effective date of an appropriation enacted by the general assembly	9153
from which the department may lawfully pay rentals under such	9154
agreement. Any such agreement may include, without limitation, any	9155
agreement by the department with respect to any costs of	9156
transportation facilities to be included prior to acquisition and	9157
construction of such transportation facilities. Any such agreement	9158
shall not constitute a debt or pledge of the faith and credit of	9159
the state, or of any political subdivision of the state, and the	9160
lessor shall have no right to have taxes or excises levied by the	9161
general assembly, or the taxing authority of any political	9162
subdivision of the state, for the payment of rentals thereunder.	9163
Any such agreement shall contain a statement to that effect.	9164

(D) A municipal corporation, township, or county may use	9165
service payments in lieu of taxes credited to special funds or	9166
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of the	9167
Revised Code to provide its contribution to the cost of a	9168
transportation facility, provided such facility was among the	9169
purposes for which such service payments were authorized. The	9170
contribution may be in the form of a lump sum or periodic	9171
payments.	9172

(E) Pursuant to ~~47 U.S.C. 332,"~~ the "Telecommunications Act	9173
of ~~1966~~1996," 110 Stat. 152, 47 U.S.C. 332 note, the director may	9174
grant a lease, easement, or license in a transportation facility	9175
to a telecommunications service provider for construction,	9176
placement, or operation of a telecommunications facility. An	9177
interest granted under this ~~section~~division is subject to all of	9178
the following conditions:	9179

(1) The transportation facility is owned in fee simple or	9180
easement by this state at the time the lease, easement, or license	9181
is granted to the telecommunications provider.	9182

(2) The lease, easement, or license shall be granted on a	9183
competitive basis in accordance with policies and procedures to be	9184
determined by the director. The policies and procedures may	9185
include provisions for master leases for multiple sites.	9186

(3) The telecommunications facility shall be designed to	9187
accommodate the state's multi-agency radio communication system,	9188
the intelligent transportation system, and the department's	9189
communication system as the director may determine is necessary	9190
for highway or other departmental purposes.	9191

(4) The telecommunications facility shall be designed to	9192
accommodate such additional telecommunications equipment as may	9193
feasibly be co-located thereon as determined in the discretion of	9194
the director.	9195

(5) The telecommunications service providers awarded the	9196
lease, easement, or license, agree to permit other	9197
telecommunications service providers to co-locate on the	9198
telecommunications facility, and agree to the terms and conditions	9199
of the co-location as determined in the discretion of the	9200
director.	9201

(6) The director shall require indemnity agreements in favor	9202
of the department as a condition of any lease, easement, or	9203
license granted under this division. Each indemnity agreement	9204
shall secure this state and its agents from liability for damages	9205
arising out of safety hazards, zoning, and any other matter of	9206
public interest the director considers necessary.	9207

(7) The telecommunications service provider fully complies	9208
with any permit issued under section 5515.01 of the Revised Code	9209
pertaining to land that is the subject of the lease, easement, or	9210
license.	9211

(8) All plans and specifications shall meet with the	9212
director's approval.	9213

(9) Any other conditions the director determines necessary.

9214

(F) ~~Money received by the department under division (E) of~~	9215
~~this section shall be deposited to the credit of the highway~~	9216
~~operating fund.~~	9217

~~(G)~~In accordance with section 5501.031 of the Revised Code,	9218
to further efforts to promote energy conservation and energy	9219
efficiency, the director may grant a lease, easement, or license	9220
in a transportation facility to a utility service provider that	9221
has received its certificate from the Ohio power siting board or	9222
appropriate local entity for construction, placement, or operation	9223
of an alternative energy generating facility service provider as	9224
defined in section 4928.64 of the Revised Code. An interest	9225
granted under this division is subject to all of the following	9226
conditions:	9227

(1) The transportation facility is owned in fee simple or in	9228
easement by this state at the time the lease, easement, or license	9229
is granted to the utility service provider.	9230

(2) The lease, easement, or license shall be granted on a	9231
competitive basis in accordance with policies and procedures to be	9232
determined by the director. The policies and procedures may	9233
include provisions for master leases for multiple sites.	9234

(3) The alternative energy generating facility shall be	9235
designed to provide energy for the department's transportation	9236
facilities with the potential for selling excess power on the	9237
power grid, as the director may determine is necessary for highway	9238
or other departmental purposes.	9239

(4) The director shall require indemnity agreements in favor	9240
of the department as a condition of any lease, easement, or	9241
license granted under this division. Each indemnity agreement	9242
shall secure this state from liability for damages arising out	9243
of safety hazards, zoning, and any other matter of public	9244
interest the director considers necessary.	9245

(5) The alternative energy service provider fully complies	9246
with any permit issued by the Ohio power siting board under	9247
Chapter 4906. of the Revised Code and complies with section	9248
5515.01 of the Revised Code pertaining to land that is the subject	9249
of the lease, easement, or license.	9250

(6) All plans and specifications shall meet with the	9251
director's approval.	9252

(7) Any other conditions the director determines necessary.

9253

(G) Money the department receives under divisions (E) and (F)	9254
of this section shall be deposited into the state treasury to the	9255
credit of the highway operating fund.	9256

(H) A lease, easement, or license granted under division (E)	9257
or (F) of this section, and any telecommunications facility or	9258
alternative energy generating facility relating to such interest	9259
in a transportation facility, is hereby deemed to further the	9260
essential highway purpose of building and maintaining a safe,	9261
~~efficient~~energy-efficient, and accessible transportation system.	9262

Sec. 5501.34. (A) If circumstances alter the highway	9263
requirements after the director of transportation has acquired	9264
property so that the real property or part of the real property is	9265
no longer required for highway purposes, the director, in the name	9266
of the state, may sell all the right, title, and interest of the	9267
state in any of the real property. After determining that a parcel	9268
of real property is no longer required for highway purposes, the	9269
director shall have the parcel appraised by a department	9270
prequalified appraiser.	9271

(B) Except as otherwise provided in this section, the	9272
director shall advertise the sale of real property that is no	9273
longer required for highway purposes in a newspaper of general	9274
circulation in the county in which the real property is situated	9275
for at least two consecutive weeks prior to the date set for the	9276
sale. The real property may be sold at public auction to the	9277
highest bidder for not less than two-thirds of its appraised	9278
value, but the director may reject all bids that are less than the	9279
full appraised value of the real property. However, if no sale has	9280
been effected after an effort to sell under this division, the	9281
director may set aside the appraisal, order a new appraisal, and,	9282
except as otherwise provided in this section, readvertise the	9283
property for sale.	9284

(C) If real property no longer required for highway purposes	9285
is appraised or reappraised as having a current fair market value	9286
of twenty thousand dollars or less, the director may sell the real	9287
property to the sole abutting owner through a private sale at a	9288
price not less than the appraised value. If there is more than one	9289
abutting owner, the director may invite all of the abutting owners	9290
to submit sealed bids and may sell the real property to the	9291
highest bidder at not less than its appraised value.	9292

(D) If real property no longer required for highway purposes	9293
is appraised or reappraised as having a fair market value of ~~two~~	9294
five thousand dollars or less, and no sale has been effected after	9295
an effort to sell to the abutting owner or owners, the director	9296
may advertise the sale of the real property in accordance with	9297
division (B) of this section. The director may sell the land at	9298
public auction to the highest bidder without regard to its	9299
appraised value, but the director may reject all bids that are	9300
less than the full appraised value of the real property.	9301

(E) The department shall pay all expenses incurred in the	9302
sale of a parcel of real property out of the proceeds of the sale	9303
and shall deposit the balance of the proceeds in the highway fund	9304
used to acquire that parcel of real property.	9305

(F) Upon a determination that real property previously	9306
acquired within a highway improvement project corridor no longer	9307
is needed for highway purposes, the director may offer the	9308
unneeded property to another landowner located within that	9309
project's corridor as full or partial consideration for other real	9310
property to be acquired from the landowner. If the landowner	9311
accepts the offer, the director shall convey the unneeded property	9312
directly to the landowner at the full fair market value determined	9313
by the department by appraisal. The director shall credit the	9314
value of the unneeded property against the acquisition price of	9315
the property being acquired by the department, and the landowner	9316
shall pay the department the difference if the value of the	9317
unneeded property exceeds the acquisition price of the property	9318
being acquired.	9319

(G) Conveyances of real property under this section shall be	9320
by a deed executed by the governor, bearing the great seal of the	9321
state, and in the form prescribed by the attorney general. The	9322
director shall keep a record of all conveyances of real property	9323
made under this section. This section applies to all real property	9324
acquired by the department, regardless of how or from whom the	9325
property was acquired.	9326

Sec. 5501.60. The department of transportation shall not	9327
erect a guardrail or any other barrier that blocks or otherwise	9328
interferes in any manner with the only right-of-way to a parcel of	9329
real property. If the department erects a guardrail or other	9330
barrier that blocks or otherwise interferes in any manner with the	9331
only right-of-way to a parcel of real property, the department	9332
shall remove the guardrail or other barrier promptly. If the	9333
department fails to remove such a guardrail or other barrier, the	9334
owner or occupier of the parcel of real property may remove or	9335
cause the removal of the guardrail or other barrier and the	9336
department shall reimburse fully the owner or occupier of the	9337
parcel of real property for the actual cost to the owner or	9338
occupier of the parcel of real property of the removal.	9339

Sec. 5502.03. (A) There is hereby created in the department	9340
of public safety a division of homeland security.	9341

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

9342

(1) Coordinate all homeland security activities of all state	9343
agencies and be the liaison between state agencies and local	9344
entities for the purposes of communicating homeland security	9345
funding and policy initiatives;	9346

(2) Collect, analyze, maintain, and disseminate information	9347
to support local, state, and federal law enforcement agencies,	9348
other government agencies, and private organizations in detecting,	9349
deterring, preventing, preparing for, responding to, and	9350
recovering from threatened or actual terrorist events. This	9351
information is not a public record pursuant to section 149.43 of	9352
the Revised Code.	9353

(3) Coordinate efforts of state and local governments and	9354
private organizations to enhance the security and protection of	9355
critical infrastructure and key assets in this state;	9356

(4) Develop and coordinate policies, protocols, and	9357
strategies that may be used to prevent, detect, prepare for,	9358
respond to, and recover from terrorist acts or threats;	9359

(5) Develop, update, and coordinate the implementation of an	9360
Ohio homeland security strategic plan that will guide state and	9361
local governments in the achievement of homeland security in this	9362
state.	9363

(C) The director of public safety shall appoint an executive	9364
director, who shall be head of the division of homeland security	9365
and who regularly shall advise the governor and the director on	9366
matters pertaining to homeland security. The executive director	9367
shall serve at the pleasure of the director of public safety. To	9368
carry out the duties assigned under this section, the executive	9369
director, subject to the direction and control of the director of	9370
public safety, may appoint and maintain necessary staff and may	9371
enter into any necessary agreements.	9372

(D) Except as otherwise provided by law, nothing in this	9373
section shall be construed to give the director of public safety	9374
or the executive director of the division of homeland security	9375
authority over the incident management structure or	9376
responsibilities of local emergency response personnel.	9377

(E) There is hereby created in the state treasury the	9378
homeland security fund. The fund shall consist of sixty cents of	9379
each fee collected under sections 4501.34, 4503.26, 4506.08, and	9380
4509.05 of the Revised Code as specified in those sections,	9381
plus on and after October 1, 2009, sixty cents of each fee	9382
collected under sections 4505.14 and 4519.63 of the Revised	9383
Code as specified in those sections. The fund shall be used to	9384
pay the expenses of administering the law relative to the	9385
powers and duties of the executive director of the division of	9386
homeland security, except that the director of budget and	9387
management may transfer excess money from the homeland security	9388
fund to the state highway safety fund if the director of public	9389
safety determines that the amount of money in the homeland	9390
security fund exceeds the amount required to cover such costs	9391
incurred by the division of homeland security and requests the	9392
director of budget and management to make the transfer.	9393

Sec. 5502.131. There is hereby created in the state treasury	9394
the investigations fund. The fund shall consist of thirty cents	9395
of each fee collected under sections 4501.34, 4503.26, 4506.08,	9396
and 4509.05 of the Revised Code as specified in those sections,	9397
plus on and after October 1, 2009, thirty cents of each fee	9398
collected under sections 4505.14 and 4519.63 of the Revised Code	9399
as specified in those sections. The director of public safety	9400
shall use the money in the fund to pay the operating expenses of	9401
investigations, except that the director of budget and	9402
management may transfer excess money from the investigations	9403
fund to the state highway safety fund if the director of public	9404
safety determines that the amount of money in the	9405
investigations fund exceeds the amount required to cover	9406
investigative costs incurred by the investigative unit and	9407
requests the director of budget and management to make the	9408
transfer.	9409

Sec. 5502.39. There is hereby created in the state treasury	9410
the emergency management agency service and reimbursement fund.	9411
The fund shall consist of one dollar and twenty-five cents of	9412
each fee collected under sections 4501.34, 4503.26, 4506.08, and	9413
4509.05 of the Revised Code as specified in those sections, plus	9414
on and after October 1, 2009, one dollar and twenty-five cents of	9415
each fee collected under sections 4505.14 and 4519.63 of the	9416
Revised Code as specified in those sections, and money collected	9417
under sections 5502.21 to 5502.38 of the Revised Code. All	9418
money in the fund shall be used to pay the costs of	9419
administering programs of the emergency management agency, except	9420
that the director of budget and management may transfer excess	9421
money from the emergency management agency service and	9422
reimbursement fund to the state highway safety fund if the	9423
director of public safety determines that the amount of money in	9424
the emergency management agency service and reimbursement fund	9425
exceeds the amount required to cover such costs incurred by the	9426
emergency management agency and requests the director of budget	9427
and management to make the transfer.	9428

Sec. 5502.67. There is hereby created in the state treasury	9429
the justice program services fund. The fund shall consist of the	9430
court costs designated for the fund pursuant to section 2949.094	9431
of the Revised Code, twenty-five cents of each fee collected	9432
under sections 4501.34, 4503.26, 4506.08, and 4509.05 of the	9433
Revised Code as specified in those sections, plus on and after	9434
October 1, 2009, twenty-five cents of each fee collected under	9435
sections 4505.14 and 4519.63 of the Revised Code as specified	9436
in those sections, and all money collected by the division of	9437
criminal justice services for nonfederal purposes, including	9438
subscription fees for participating in the Ohio incident-based	9439
reporting system under division (C) of section 5502.62 of the	9440
Revised Code, unless otherwise designated by law. The justice	9441
program services fund shall be used to pay costs of	9442
administering the operations of the division of criminal justice	9443
services, except that the director of budget and management may	9444
transfer excess money from the justice program services fund to	9445
the state highway safety fund if the director of public safety	9446
determines that the amount of money in the justice program	9447
services fund exceeds the amount required to cover such costs	9448
incurred by the office of criminal justice services and requests	9449
the director of budget and management to make the transfer.	9450

Sec. 5502.68. (A) There is hereby created in the state	9451
treasury the drug law enforcement fund. ~~Three~~Ninety-seven per	9452
cent of three dollars and fifty cents out of each ten-dollar	9453
court cost imposed pursuant to section 2949.094 of the Revised	9454
Code shall be credited to the fund. Money in the fund shall be	9455
used only in accordance with this section to award grants to	9456
counties, municipal corporations, townships, township police	9457
districts, and joint township police districts to defray the	9458
expenses that a drug task force organized in the county, or in	9459
the county in which the municipal corporation, township, or	9460
district is located, incurs in performing its functions related	9461
to the enforcement of the state's drug laws and other state	9462
laws related to illegal drug activity.	9463

The division of criminal justice services shall administer	9464
all money deposited into the drug law enforcement fund and, by	9465
rule adopted under Chapter 119. of the Revised Code, shall	9466
establish procedures for a county, municipal corporation,	9467
township, township police district, or joint township police	9468
district to apply for money from the fund to defray the expenses	9469
that a drug task force organized in the county, or in the county	9470
in which the municipal corporation, township, or district is	9471
located, incurs in performing its functions related to the	9472
enforcement of the state's drug laws and other state laws related	9473
to illegal drug activity, procedures and criteria for determining	9474
eligibility of applicants to be provided money from the fund, and	9475
procedures and criteria for determining the amount of money to be	9476
provided out of the fund to eligible applicants.	9477

(B) The procedures and criteria established under division	9478
(A) of this section for applying for money from the fund shall	9479
include, but shall not be limited to, a provision requiring a	9480
county, municipal corporation, township, township police district,	9481
or joint township police district that applies for money from the	9482
fund to specify in its application the amount of money desired	9483
from the fund, provided that the cumulative amount requested in	9484
all applications submitted for any single drug task force may not	9485
exceed more than two hundred fifty thousand dollars in any	9486
calendar year for that task force.	9487

(C) The procedures and criteria established under division	9488
(A) of this section for determining eligibility of applicants to	9489
be provided money from the fund and for determining the amount of	9490
money to be provided out of the fund to eligible applicants	9491
shall include, but not be limited to, all of the following:	9492

(1) Provisions requiring that, in order to be eligible to be	9493
provided money from the fund, a drug task force that applies for	9494
money from the fund must provide evidence that the drug task force	9495
will receive a local funding match of at least twenty-five per	9496
cent of the task force's projected operating costs in the period	9497
of time covered by the grant;	9498

(2) Provisions requiring that money from the fund be	9499
allocated and provided to drug task forces that apply for money	9500
from the fund in accordance with the following priorities:	9501

(a) Drug task forces that apply, that are in existence on the	9502
date of the application, and that are determined to be eligible	9503
applicants, and to which either of the following applies shall be	9504
given first priority to be provided money from the fund:	9505

(i) Drug task forces that received funding through the	9506
division of criminal justice services in calendar year 2007;	9507

(ii) Drug task forces in a county that has a population that	9508
exceeds seven hundred fifty thousand.	9509

(b) If any moneys remain in the fund after all drug task	9510
forces that apply, that are in existence on the date of the	9511
application, that are determined to be eligible applicants, and	9512
that satisfy the criteria set forth in division (C)(2)(a)(i) or	9513
(ii) of this section are provided money from the fund as	9514
described in division (C)(2)(a) of this section, the following	9515
categories of drug task forces that apply and that are determined	9516
to be eligible applicants shall be given priority to be provided	9517
money from the fund in the order in which they apply for money	9518
from the fund:	9519

(i) Drug task forces that are not in existence on the date of	9520
the application;	9521

(ii) Drug task forces that are in existence on the date of	9522
the application but that do not satisfy the criteria set forth in	9523
division (C)(2)(a)(i) or (ii) of this section.	9524

(D) The procedures and criteria established under division	9525
(A) of this section for determining the amount of money to be	9526
provided out of the fund to eligible applicants shall include, but	9527
shall not be limited to, a provision specifying that the	9528
cumulative amount provided to any single drug task force may not	9529
exceed more than two hundred fifty thousand dollars in any	9530
calendar year.	9531

(E) As used in this section, "drug task force" means a drug	9532
task force organized in any county by the sheriff of the county,	9533
the prosecuting attorney of the county, the chief of police of	9534
the organized police department of any municipal corporation or	9535
township in the county, and the chief of police of the police	9536
force of any township police district or joint township police	9537
district in the county to perform functions related to the	9538
enforcement of state drug laws and other state laws related to	9539
illegal drug activity.	9540

Sec. 5515.01. The director of transportation may upon formal	9541
application being made to the director, grant a permit to any	9542
individual, firm, or corporation to use or occupy such portion of	9543
a road or highway on the state highway system as will not	9544
incommode the traveling public. Such permits, when granted, shall	9545
be upon the following conditions:	9546

(A) The ~~occupancy of such roads or highways shall be in the~~	9547
~~location as prescribed by the~~ director may issue a permit to any	9548
individual, firm, or corporation for any use of a road or highway	9549
on the state highway system that is consistent with applicable	9550
federal law or federal regulations.	9551

(B) Such location shall be changed as prescribed by the	9552
director when the director deems such change necessary for the	9553
convenience of the traveling public, or in connection with or	9554
contemplation of the construction, reconstruction, improvement,	9555
relocating, maintenance, or repair of such road or highway.	9556

(C) The placing of objects or things shall be at a grade and	9557
in accordance with such plans, specifications, or both, as shall	9558
be first approved by the director.	9559

(D) The road or highway in all respects shall be fully	9560
restored to its former condition of usefulness and at the expense	9561
of such individual, firm, or corporation.	9562

(E) Such individual, firm, or corporation shall maintain all	9563
objects and things in a proper manner, promptly repair all damages	9564
resulting to such road or highway on account thereof, and in event	9565
of failure to so repair such road or highway to pay to the state	9566
all costs and expenses which may be expended by the director in	9567
repairing any damage.	9568

(F) Such other conditions as may seem reasonable to the	9569
director, but no condition shall be prescribed which imposes the	9570
payment of a money consideration for the privilege granted.	9571
Nothing in this division prohibits the director from requiring	9572
payment of money consideration for a lease, easement, license, or	9573
other interest in a transportation facility under control of the	9574
department of transportation.	9575

(G) Permits may be revoked by the director at any time for a	9576
noncompliance with the conditions imposed.	9577

(H) As a condition precedent to the issuance of aany permit	9578
~~to a~~for telecommunications ~~service provider~~facilities or carbon	9579
capture and storage pipelines, the director shall require the	9580
applicant to provide proof it is party to a lease, easement, or	9581
license for the construction, placement, or operation of a	9582
~~telecommunications~~such facility or pipeline in or on a	9583
transportation facility.	9584

Except as otherwise provided in this section and section	9585
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,	9586
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,	9587
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit	9588
telegraph, telephone, and electric light and power companies from	9589
constructing, maintaining, and using telegraph, telephone, or	9590
electric light and power lines along and upon such roads or	9591
highways under sections 4931.19, 4933.14, or other sections of the	9592
Revised Code, or to affect existing rights of any such companies,	9593
or to require such companies to obtain a permit from the director,	9594
except with respect to the location of poles, wires, conduits, and	9595
other equipment comprising lines on or beneath the surface of such	9596
road or highways.	9597

This section does not prohibit steam or electric railroad	9598
companies from constructing tracks across such roads or highways,	9599
nor authorize the director to grant permission to any company	9600
owning, operating, controlling, or managing a steam railroad or	9601
interurban railway in this state to build a new line of railroad,	9602
or to change or alter the location of existing tracks across any	9603
road or highway on the state highway system at grade. No such	9604
company shall change the elevation of any of its tracks across	9605
such road or highway except in accordance with plans and	9606
specifications first approved by the director.	9607

This section does not relieve any individual, firm, or	9608
corporation from the obligation of satisfying any claim or demand	9609
of an owner of lands abutting on such road or highway on the state	9610
highway system on account of placing in such road or highway a	9611
burden in addition to public travel.	9612

Sec. 5515.07. (A) The director of transportation, in	9613
accordance with Chapter 119. of the Revised Code, shall adopt	9614
rules consistent with the safety of the traveling public and	9615
consistent with the national policy to govern the use and control	9616
of rest areas within the limits of the right-of-way of interstate	9617
highways and other state highways and in other areas within the	9618
limits of the right-of-way of interstate highways.	9619

(B) Except as provided in division (C) of this section or as	9620
otherwise authorized by applicable federal law or federal	9621
regulations, no person shall engage in selling or offering for	9622
sale or exhibiting for purposes of sale, goods, products,	9623
merchandise, or services within the bounds of rest areas within	9624
the limits of the right-of-way of interstate highways and other	9625
state highways, or in other areas within the limits of the	9626
right-of-way of interstate highways, unless the director issues a	9627
permit in accordance with section 5515.01 of the Revised Code.	9628
Notwithstanding any rules adopted by the director to the contrary	9629
or any other policy changes proposed by the director, each	9630
district deputy director of the department of transportation shall	9631
continue to implement any program allowing organizations to	9632
dispense free coffee or similar items after obtaining a permit	9633
that operated within the district prior to January 1, 1997. Each	9634
district deputy director shall operate such program within the	9635
district in the same manner as the program was operated prior to	9636
that date.	9637

(C) In accordance with rules adopted under division (A) of	9638
this section, the director may cause vending machines to be placed	9639
within each rest area that is able to accommodate the machines.	9640
The vending machines shall dispense food, drink, and other	9641
appropriate articles.	9642

(D) This section does not apply to the sale of goods,	9643
products, merchandise, or services required for the emergency	9644
repair of motor vehicles or emergency medical treatment, or to the	9645
department of transportation as provided in section 5515.08 of the	9646
Revised Code.	9647

Sec. 5517.011. Notwithstanding section 5517.01 of the	9648
Revised Code, the director of transportation may establish a	9649
program to expedite the sale and construction of special projects	9650
by combining the design and construction elements of a highway or	9651
bridge project into a single contract. The director shall prepare	9652
and distribute a scope of work document upon which the bidders	9653
shall base their bids. Except in regard to those requirements	9654
relating to providing plans, the director shall award contracts	9655
under this section in accordance with Chapter 5525. of the Revised	9656
Code.	9657

~~For~~On the effective date of this amendment and until July 1,	9658
2011, the total dollar value of contracts made under this section	9659
shall not exceed one billion dollars. On and after July 1, 2011,	9660
for each biennium, the total dollar value of contracts made under	9661
this section shall not exceed two hundred fifty million dollars	9662
unless otherwise authorized by the general assembly.	9663

Sec. 5525.15. The director of transportation may provide	9664
that the estimate of cost of any project to be constructed by the	9665
department by the taking of bids and awarding of contracts shall	9666
be confidential information and so remain until after all bids on	9667
the project have been received. The total amount of the estimate	9668
then shall be ~~publicly read prior to the opening of the bids of~~	9669
~~the subject~~published.	9670

When the director exercises the authority conferred by this	9671
section, all information with respect to the total estimate of	9672
cost of the project to be built by contract and with respect to	9673
the estimate of cost of any particular item of work involved	9674
therein shall be kept and regarded by the director and all the	9675
director's subordinates as confidential, and shall not be revealed	9676
to any person not employed in the department, or by the United	9677
States department of transportation in the case of projects	9678
financed in whole or part by federal funds, until after the bids	9679
on the project have been opened and ~~read~~published. Section	9680
5517.01 of the Revised Code with respect to the public inspection	9681
of estimates of cost prior to the opening of bids and with respect	9682
to filing estimates of cost in the office of the district deputy	9683
director of transportation does not apply when the authority	9684
conferred by this section is exercised. This section does not	9685
prohibit the department from furnishing estimates of cost to	9686
counties, municipal corporations, or other local political	9687
subdivisions or to railroad or railway companies proposing to pay	9688
any portion of the cost of an improvement.	9689

Section 5525.10 of the Revised Code, which provides that no	9690
contract for any improvement shall be awarded for a greater sum	9691
than the estimated cost thereof plus five per cent, does not apply	9692
in the case of any project with respect to which the authority	9693
conferred by this section is exercised. In cases in which the	9694
authority conferred by this section is exercised and in which the	9695
bid of the successful bidder exceeds the estimate, the director,	9696
before entering into a contract, shall determine that the bid of	9697
the successful bidder is fair and reasonable, and as long as the	9698
federal government imposes regulation on prices charged for	9699
construction service, shall require the successful bidder to	9700
certify that the bidder's bid does not exceed the maximum	9701
permitted by such federal regulation.	9702

Sec. 5531.09. (A) The state infrastructure bank shall	9703
consist of the highway and transit infrastructure bank fund, the	9704
aviation infrastructure bank fund, the rail infrastructure bank	9705
fund, and the infrastructure bank obligations fund, which are	9706
hereby created as funds of the state treasury, to be	9707
administered by the director of transportation and used for the	9708
purposes described in division (B) of this section. The highway	9709
and transit infrastructure bank fund, the aviation	9710
infrastructure bank fund, and the rail infrastructure bank fund	9711
shall consist of federal grants and awards or other assistance	9712
received by the state and eligible for deposit therein under	9713
applicable federal law, payments received by the department in	9714
connection with providing financial assistance for qualifying	9715
projects under division (B) of this section, and such other	9716
amounts as may be provided by law. The infrastructure bank	9717
obligations fund shall consist of such amounts of the proceeds of	9718
obligations issued under section 5531.10 of the Revised Code as	9719
the director of transportation determines with the advice of the	9720
director of budget and management; and such other amounts as may	9721
be provided by law. The director of budget and management, upon	9722
the request of the director of transportation, may transfer	9723
amounts between the funds created in this division, except the	9724
infrastructure bank obligations fund. The investment earnings of	9725
each fund created by this division shall be credited to such fund.	9726

(B) The director of transportation shall use the state	9727
infrastructure bank to encourage public and private investment in	9728
transportation facilities that contribute to the multi-modal and	9729
intermodal transportation capabilities of the state, develop a	9730
variety of financing techniques designed to expand the	9731
availability of funding resources and to reduce direct state	9732
costs, maximize private and local participation in financing	9733
projects, and improve the efficiency of the state transportation	9734
system by using and developing the particular advantages of each	9735
transportation mode to the fullest extent. In furtherance of	9736
these purposes, the director shall use the state infrastructure	9737
bank to provide financial assistance to public or private	9738
entities for qualified projects. Such assistance shall be in the	9739
form of loans, loan guarantees, letters of credit, leases,	9740
lease-purchase agreements, interest rate subsidies, debt service	9741
reserves, and such other forms as the director determines to be	9742
appropriate. All fees, charges, rates of interest, payment	9743
schedules, security for, and other terms and conditions relating	9744
to such assistance shall be determined by the director. ~~The~~	9745
~~highway and transit infrastructure bank fund, the aviation~~	9746
~~infrastructure bank fund, and the rail infrastructure bank fund~~	9747
~~may be used to pay debt service on obligations whose proceeds~~	9748
~~have been deposited into the infrastructure bank obligations~~	9749
~~fund.~~	9750

(C) The director of transportation shall adopt rules	9751
establishing guidelines necessary for the implementation and	9752
exercise of the authority granted by this section, including rules	9753
for receiving, reviewing, evaluating, and selecting projects for	9754
which financial assistance may be approved.	9755

(D) As used in this section and in section 5531.10 of the	9756
Revised Code, "qualified project" means any public or private	9757
transportation project as determined by the director of	9758
transportation, including, without limitation, planning,	9759
environmental impact studies, engineering, construction,	9760
reconstruction, resurfacing, restoring, rehabilitation, or	9761
replacement of public or private transportation facilities within	9762
the state, studying the feasibility thereof, and the acquisition	9763
of real or personal property or interests therein; any highway,	9764
public transit, aviation, rail, or other transportation project	9765
eligible for financing or aid under any federal or state program;	9766
and any project involving the maintaining, repairing, improving,	9767
or construction of any public or private highway, road, street,	9768
parkway, public transit, aviation, or rail project, and any	9769
related rights-of-way, bridges, tunnels, railroad-highway	9770
crossings, drainage structures, signs, guardrails, or protective	9771
structures.	9772

(E) The general assembly finds that state infrastructure	9773
projects, as defined in division (A)(8) of section 5531.10 of the	9774
Revised Code, and the state infrastructure bank, will materially	9775
contribute to the economic revitalization of areas of the state	9776
and result in improving the economic welfare of all the people of	9777
the state. Accordingly, it is declared to be the public purpose of	9778
the state, through operations under sections 5531.09 and 5531.10	9779
of the Revised Code, and other applicable laws adopted pursuant to	9780
Section 13 of Article VIII, Ohio Constitution, and other authority	9781
vested in the general assembly, to assist in and facilitate the	9782
purposes set forth in division (B) of section 5531.10 of the	9783
Revised Code, and to assist and cooperate with any governmental	9784
agency in achieving such purposes.	9785

Sec. 5531.11. As used in sections 5531.11 to 5531.18 of the	9786
Revised Code:	9787

"Cost" means all costs of constructing, improving, repairing,	9788
maintaining, administering, and operating the Ohio transportation	9789
system, including all costs payable with respect to permanent	9790
improvements as described in division (B) of section 133.15 of the	9791
Revised Code.	9792

"Governmental agency" means any state agency, federal agency,	9793
political subdivision, or other local, interstate, or regional	9794
governmental agency, and any combination of those agencies.	9795

"Highway project" means any project intended for the highway	9796
purpose of supporting the state highway system. A highway project,	9797
whether publicly or privately owned, is a state infrastructure	9798
project as defined in section 5531.10 of the Revised Code for all	9799
purposes of that section and section 5531.09 of the Revised Code	9800
and also is a transportation facility as defined in section	9801
5501.01 of the Revised Code.	9802

"State highway system" or "system" means all existing and	9803
future transportation projects constructed, operated, repaired,	9804
maintained, administered, and operated under the jurisdiction of	9805
the department of transportation, including toll projects and	9806
highway projects.	9807

"Public roads" means all public highways, roads, and streets	9808
in the state, whether maintained by a state agency or any other	9809
governmental agency.	9810

"Public utility facilities" means tracks, pipes, mains,	9811
conduits, cables, wires, towers, poles, and other equipment and	9812
appliances of any public utility.	9813

"Revenues" means all nontax revenues coming into the	9814
possession of or under the control of the department by virtue of	9815
sections 5531.11 to 5531.18 of the Revised Code. "Revenues" does	9816
not include proceeds from the sale of obligations but does include	9817
tolls, service revenues, investment income on the Ohio toll fund	9818
established in section 5531.14 of the Revised Code, rentals,	9819
gifts, and grants.	9820

"Service facilities" means service stations, restaurants, and	9821
other facilities for food service, roadside parks and rest areas,	9822
parking, camping, tenting, rest, and sleeping facilities, hotels	9823
or motels, and all similar and other facilities providing services	9824
to the traveling public in connection with the use of a toll	9825
project and owned, leased, licensed, or operated by the department	9826
of transportation.	9827

"Service revenues" means those revenues of the department	9828
derived from its ownership, leasing, licensing, or operation of	9829
service facilities.	9830

"Toll project" means any project that adds new capacity,	9831
including construction on existing highways, bridges, or tunnels	9832
where construction increases the total number of lanes, including	9833
toll and nontoll lanes, and does not decrease the total number of	9834
nontoll lanes at each mile. "Toll project" also includes new	9835
interchanges constructed for economic development purposes	9836
connecting an interstate highway or a multi-lane, fully	9837
controlled-access highway that was not connected previously with	9838
other interstates, state highways and local roads, and any new	9839
high occupancy lane or new highways connecting an intermodal	9840
facility established, constructed, reconstructed, maintained,	9841
repaired, administered, operated, or improved, under the	9842
jurisdiction of the department of transportation and pursuant	9843
to sections 5531.11 to 5531.18 of the Revised Code, at a	9844
location or locations determined by the director of	9845
transportation, including all bridges, tunnels, overpasses,	9846
underpasses, interchanges, entrance plazas, approaches, those	9847
portions of connecting public roads that serve interchanges and	9848
are determined by the director to be necessary for the safe	9849
merging of traffic between the toll project and those nontolled	9850
public roads, toll booths, service facilities, and	9851
administration, storage, and other buildings, property, and	9852
facilities that the department considers necessary for the	9853
operation or policing of the toll project, together with all	9854
property and rights that may be acquired by the department for	9855
the construction, maintenance, repair, administration,	9856
improvement, or operation of the toll project, and includes any	9857
sections or extensions of a toll project designated by the	9858
department as such for the particular purpose. Nothing in this	9859
section shall be construed to permit tolls to be charged on	9860
existing nontoll highways.	9861

"Tolls" means tolls, special fees or permit fees, or other	9862
charges by the department to the owners, lessors, lessees,	9863
operators of motor vehicles, or other users of a toll project	9864
for the operation or use of or the right to operate on a toll	9865
project.	9866

Sec. 5531.12. (A)(1)In order to remove present and	9867
anticipated handicaps and potential hazards on the highways in	9868
this state, to facilitate vehicular traffic throughout the	9869
state, to promote the agricultural, commercial, recreational,	9870
tourism, and industrial development of the state, and to	9871
provide for the general welfare of its citizens, the state	9872
transportation finance commission may approve toll projects at	9873
locations approved by the director of transportation. Any revenue	9874
derived from toll projects shall be used only for purposes of the	9875
toll project and shall not be expended for any purpose other than	9876
as provided in Section 5a of Article XII, Ohio Constitution. The	9877
toll projects authorized by sections 5531.11 to 5531.18 of the	9878
Revised Code are part of the state highway system.	9879

(2) Any toll project shall be developed and submitted for	9880
selection in accordance with the policies and procedures of the	9881
major new capacity selection process of the transportation review	9882
advisory council, created under Chapter 5512. of the Revised Code.	9883
Each toll project may be separately designated, by name or number,	9884
and may be constructed, improved, or reconstructed as the	9885
department of transportation may from time to time determine	9886
pursuant to sections 5531.11 to 5531.18 of the Revised Code. A	9887
toll project shall be considered a state infrastructure project as	9888
defined in section 5531.10 of the Revised Code for all purposes of	9889
that section and section 5531.09 of the Revised Code and also is a	9890
transportation facility as defined in section 5501.01 of the	9891
Revised Code.	9892

(3) Nothing in this chapter shall be construed to permit	9893
tolls to be charged on existing nontoll highways.	9894

(B)(1) There is hereby created within the department of	9895
transportation the "Ohio transportation finance commission." The	9896
commission shall consist of seven members as follows:	9897

(a) Two members appointed by the governor;

9898

(b) The director of development, or the director's designee,	9899
who shall be a nonvoting ex officio member and shall serve without	9900
compensation;	9901

(c) Two members appointed by the president of the senate, who	9902
shall have experience relevant to approving toll projects,	9903
including expertise in finance, engineering, statewide planning,	9904
economic development, logistics, or land use planning;	9905

(d) Two members appointed by the speaker of the house of	9906
representatives, who shall have experience relevant to approving	9907
toll projects, including expertise in finance, engineering,	9908
statewide planning, economic development, logistics, or land use	9909
planning.	9910

(2) No member of the general assembly shall be a member of	9911
the commission. In making their appointments, the governor,	9912
speaker of the house of representatives, and the president of the	9913
senate shall consult with each other so that from the total number	9914
of six appointed members, at least two are affiliated with the	9915
major political party not represented by the governor. In making	9916
the governor's appointments, the governor shall appoint persons	9917
who reside in different geographic areas of the state. The members	9918
appointed by the governor shall be residents of the state and	9919
shall serve terms of five years commencing on the first day of	9920
July and ending on the thirtieth day of June. The members	9921
appointed by the president of the senate or the speaker of the	9922
house of representatives shall serve a term of the remainder of	9923
the general assembly during which the member is appointed. The	9924
governor shall appoint one of the members as chairperson and	9925
another as vice-chairperson and shall appoint a	9926
secretary-treasurer who need not be a member of the commission.	9927
Four of the members of the commission constitute a quorum, and the	9928
affirmative vote of four voting members is necessary for any	9929
action taken by the commission. No vacancy in the membership of	9930
the commission impairs the rights of a quorum to exercise all the	9931
rights and perform all the duties of the commission. Appointed	9932
members shall have no conflict of interest with the position. For	9933
purposes of this section, "conflict of interest" means taking any	9934
action that violates any provision of Chapter 102. or 2921. of the	9935
Revised Code.	9936

(C) Each appointed member shall hold office from the date of	9937
appointment until the end of the term for which the member was	9938
appointed. If a commission member dies or resigns, or if an ex	9939
officio member ceases to hold the applicable office, the vacancy	9940
shall be filled in the same manner as provided in division (B) of	9941
this section. Any member who fills a vacancy occurring prior to	9942
the end of the term for which the member's predecessor was	9943
appointed, if appointed by the governor, shall hold office for the	9944
remainder of such term or, if appointed by the president of the	9945
senate or the speaker of the house of representatives, shall hold	9946
office for the remainder of the term or for a shorter period of	9947
time as determined by the president or the speaker. Any member	9948
appointed by the governor shall continue in office subsequent to	9949
the expiration date of the member's term until the member's	9950
successor takes office or until a period of sixty days has	9951
elapsed, whichever occurs first. A member of the commission is	9952
eligible for reappointment. Each appointed member of the	9953
commission, before entering upon the member's duties, shall take	9954
an oath as provided by Section 7 of Article XV, Ohio Constitution.	9955
The governor, the president of the senate, or the speaker of the	9956
house of representatives may at any time remove their respective	9957
appointees to the commission for misfeasance, nonfeasance, or	9958
malfeasance in office.	9959

(D) Each appointed member shall serve without compensation	9960
but shall be reimbursed for the member's actual and necessary	9961
expenses incurred in the performance of the member's duties. At	9962
the request of the chairperson of the Ohio transportation finance	9963
commission, the department of transportation shall provide staff	9964
assistance and office space for the commission.	9965

(E) Upon selection of a toll project by the transportation	9966
review advisory council, the director of transportation shall	9967
submit a toll proposal for the project to the Ohio transportation	9968
finance commission. The commission shall review the toll proposal	9969
for the project and either approve it, disapprove it, or suggest	9970
modifications to it. Approval for any toll proposal shall be made	9971
by an affirmative vote of four of the six voting members of the	9972
commission.	9973

(F) The director of transportation shall adopt rules pursuant	9974
to chapter 119. of the Revised Code governing the duties of the	9975
commission, the frequency of commission meetings, compensation for	9976
each appointed member, and any rules necessary for the planning,	9977
development, and implementation of toll projects and the	9978
collection of tolls. The rules adopted pursuant to this section	9979
shall include a requirement that the commission hold at least	9980
three public hearings prior to the commission voting on whether to	9981
approve a toll project.	9982

Sec. 5531.13. (A) The director of transportation may acquire	9983
or dispose of any public or private property or interests therein	9984
the director determines to be necessary, convenient, or proper for	9985
the construction, improvement, repair, maintenance,	9986
administration, or operation of toll projects in the same manner	9987
as the director may acquire or dispose of such property for	9988
transportation facilities or highway purposes, under sections	9989
5501.311 to 5501.34 and 5501.45 and Chapter 5519. of the Revised	9990
Code.	9991

(B) The director may enter into any contracts the director	9992
determines to be necessary, convenient, or proper for the	9993
construction, improvement, repair, maintenance, administration, or	9994
operation of toll projects in the manner provided in Chapter	9995
5525. of the Revised Code.	9996

(C) The director may enter into any professional contracts	9997
the director determines to be necessary, convenient, or proper for	9998
the construction, improvement, repair, maintenance,	9999
administration, or operation of toll projects in the manner	10000
provided in Chapter 5526. of the Revised Code.	10001

(D) Tolls and accounts within the Ohio toll fund established	10002
in section 5531.14 of the Revised Code may be used for the	10003
acquisition of property under division (A) of this section or	10004
pursuant to contracts entered into under division (B) or (C) of	10005
this section to the same extent permitted by section 5531.14 of	10006
the Revised Code with respect to obligations.	10007

Sec. 5531.14. (A) To the extent permitted by federal law,	10008
the director of transportation may fix, revise, charge, and	10009
collect tolls for each toll project, and contract with any	10010
person or governmental agency desiring the use of any part	10011
thereof, including the right-of-way adjoining the paved portion,	10012
for placing thereon telephone, electric light, or power lines,	10013
service facilities, or for any other purpose, and fix the terms,	10014
conditions, rents, and rates of charge for such use; provided,	10015
that no toll, charge, or rental may be made for placing in, on,	10016
along, over, or under the toll project, equipment or public	10017
utility facilities that are necessary to serve service facilities	10018
or to interconnect any public utility facilities.	10019

In accordance with Chapter 119. of the Revised Code, the	10020
director shall establish a plan, schedule, or system of tolls or	10021
charges and shall declare the purpose, amount, and duration of the	10022
tolls or charges. Any proposal to implement a toll or other charge	10023
under this section may include a plan, schedule, or system of	10024
tolls or charges that is subject to adjustment by the director	10025
within and in accordance with that plan, schedule, or system.	10026

(B) For any toll imposed under this section, the department	10027
of transportation may use a system for toll collection that is	10028
capable of charging an account holder the appropriate toll or	10029
charge by transmission of information from an electronic device on	10030
a motor vehicle to the toll lane, which information is used to	10031
charge the account holder the appropriate toll or charge.	10032

(C) One or more tolls, or a portion of any toll, may be	10033
pledged to the repayment of obligations in the bond proceedings	10034
for those obligations and shall be a pledged receipt for those	10035
obligations to the extent pledged in those bond proceedings.	10036

(D) Tolls shall be so fixed and adjusted as to provide funds	10037
at least sufficient with other revenues of the Ohio transportation	10038
system, if any, to pay:	10039

(1) Any bond service charges on obligations issued to pay	10040
costs of one or more toll projects as such charges become due	10041
and payable;	10042

(2) The cost of maintaining, improving, repairing,	10043
constructing, and operating toll projects within the state	10044
highway system and its different parts and sections, and to	10045
create and maintain any reserves for those purposes.	10046

(E) Except as provided in division (F) of this section, money	10047
received from tolls imposed under this section shall be deposited	10048
to the credit of the Ohio toll fund, which is hereby created in	10049
the state treasury. The treasurer of state may establish separate	10050
subaccounts within the Ohio toll fund as determined to be	10051
necessary or convenient to pay costs of constructing,	10052
improving, repairing, maintaining, administering, and operating	10053
toll projects within the state highway system. Any remaining	10054
money deposited into the Ohio toll fund shall be used at the	10055
discretion of the director to support construction,	10056
improvement, repair, maintenance, administration, and operation	10057
costs for approved toll projects and highway projects within one	10058
mile of a toll project. All investment earnings of the fund	10059
shall be credited to the fund.	10060

(F) The issuing authority shall, by the fifteenth day of July	10061
of each fiscal year, certify or cause to be certified to the	10062
department of transportation and the office of budget and	10063
management the total amount of money required during the current	10064
fiscal year to meet in full all bond service charges and otherwise	10065
comply with the requirements of any applicable bond proceedings.	10066
The issuing authority shall make or cause to be made supplemental	10067
certifications to the department of transportation and the office	10068
of budget and management for each bond service payment date and at	10069
such other times during each fiscal year as may be provided in the	10070
applicable bond proceedings or required by that department or	10071
office. Bond service charges, costs of credit enhancement	10072
facilities, other financing costs, and any other amounts required	10073
under the applicable bond proceedings shall be set forth	10074
separately in each certification. Money received from tolls and	10075
other pledged receipts shall be deposited to the credit of the	10076
bond service fund at such times and in such amounts as are	10077
necessary to satisfy all those payment requirements of the	10078
applicable bond proceedings. When all bonds issued in connection	10079
with any toll project and the interest on the bonds have been	10080
paid, or a sufficient amount for the payment of all such bonds and	10081
the interest on the bonds to the maturity of the bonds has been	10082
set aside in trust for the benefit of the bondholders, the project	10083
shall be operated, improved, and maintained by the department of	10084
transportation as a part of the state highway system and shall be	10085
free of tolls.	10086

Sec. 5531.15. (A) The director of transportation, in	10087
accordance with Chapter 119. of the Revised Code, may adopt such	10088
rules as the director considers advisable for the control and	10089
regulation of traffic on any toll project, for the protection	10090
and preservation of property under the jurisdiction and control of	10091
the department of transportation, for the maintenance and	10092
preservation of good order within the property under its control,	10093
and for the purpose of establishing owner or operator liability	10094
for failure to comply with toll collection rules.	10095

(B) The rules shall provide that public police officers shall	10096
be afforded ready access, while in the performance of their	10097
official duties, to all property under the jurisdiction of the	10098
department of transportation and without the payment of tolls.	10099

(C) No person shall violate any such rules of the department	10100
of transportation.	10101

(D)(1) All fines collected for the violation of applicable	10102
laws of the state and the rules of the department of	10103
transportation or money arising from bonds forfeited for such	10104
violation shall be disposed of in accordance with section 5503.04	10105
of the Revised Code.	10106

(2) All fees or charges assessed by the department of	10107
transportation in accordance with this section against an owner or	10108
operator of a vehicle as a civil violation for failure to comply	10109
with toll collection rules shall be revenues of the department.	10110

Sec. 5531.16. (A) Each toll project shall be maintained	10111
and kept in good condition and repair by the department of	10112
transportation. Toll projects shall be operated by toll	10113
collectors and other employees and agents that the department	10114
employs or contracts for. Toll projects shall be policed by the	10115
state highway patrol in accordance with section 5503.02 of the	10116
Revised Code; provided, that the state highway patrol also shall	10117
enforce all rules of the department adopted under division (A) of	10118
section 5531.15 of the Revised Code that relate to the operation	10119
and use of vehicles on a toll project and that are punishable	10120
under division (A) of section 5531.99 of the Revised Code.	10121

(B) An action for damages against the state for any public or	10122
private property damaged or destroyed in carrying out the powers	10123
granted by sections 5531.11 to 5531.18 of the Revised Code shall	10124
be filed in the court of claims pursuant to Chapter 2743. of the	10125
Revised Code.	10126

(C) All governmental agencies may lease, lend, grant, or	10127
convey to the department of transportation at its request, upon	10128
terms that the proper authorities of the governmental agencies	10129
consider reasonable and fair and without the necessity for an	10130
advertisement, order of court, or other action or formality, other	10131
than the regular and formal action of the authorities concerned,	10132
any property that is necessary or convenient to the effectuation	10133
of the purposes of sections 5531.11 to 5531.18 of the Revised	10134
Code, including public roads and other property already devoted to	10135
public use.	10136

(D) Each bridge constituting part of a toll project shall	10137
be considered a bridge on the state highway system for purposes of	10138
sections 5501.47 and 5501.49 of the Revised Code.	10139

(E) In accordance with Chapter 5501. of the Revised Code, the	10140
department of transportation shall make an annual report of its	10141
toll project activities for the preceding calendar year to the	10142
governor and the general assembly.	10143

Sec. 5531.17. The exercise of the powers granted by sections	10144
5531.11 to 5531.18 of the Revised Code is in all respects for the	10145
benefit of the people of the state, for the increase of their	10146
commerce and prosperity, and for the improvement of their health	10147
and living conditions; and as the construction, operation, and	10148
maintenance of the Ohio toll-way system by the department of	10149
transportation constitute the performance of essential	10150
governmental functions, the department shall not be required to	10151
pay any state or local taxes or assessments upon any toll	10152
project, or upon revenues or any property acquired or used by the	10153
department under sections 5531.11 to 5531.18 of the Revised Code,	10154
or upon the income therefrom.	10155

Sec. 5531.18. The director of transportation shall establish	10156
a procedure whereby a political subdivision or other governmental	10157
agency or agencies may submit a written application to the	10158
director in accordance with Chapter 5539. of the Revised Code	10159
requesting the department of transportation to construct and	10160
operate a toll project within the boundaries of the subdivision,	10161
agency, or agencies making the request. The procedure shall	10162
include a requirement that the director send a written reply to	10163
the subdivision, agency, or agencies explaining the disposition of	10164
the request. The procedure established pursuant to this section	10165
shall not become effective unless it is approved by the Ohio	10166
transportation finance commission created under section 5531.12 of	10167
the Revised Code.	10168

Sec. 5531.99. (A) Except as provided in division (B) of this	10169
section, whoever violates division (C) of section 5531.15 of the	10170
Revised Code is guilty of a minor misdemeanor on a first offense;	10171
on each subsequent offense such person is guilty of a misdemeanor	10172
of the fourth degree.	10173

(B) Whoever violates division (C) of section 5531.15 of the	10174
Revised Code when the violation is a civil violation for failure	10175
to comply with toll collection rules is subject to a fee or charge	10176
established by the department of transportation by rule.	10177

Sec. 5537.07. (A) When the cost to the Ohio turnpike	10178
commission under any contract with a person other than a	10179
governmental agency involves an expenditure of more than fifty	10180
thousand dollars, the commission shall make a written contract	10181
with the lowest responsive and responsible bidder in accordance	10182
with section 9.312 of the Revised Code after advertisement for not	10183
less than two consecutive weeks in a newspaper of general	10184
circulation in Franklin county, and in such other publications as	10185
the commission determines, which notice shall state the general	10186
character of the work and the general character of the materials	10187
to be furnished, the place where plans and specifications therefor	10188
may be examined, and the time and place of receiving bids. The	10189
commission may require that the cost estimate for the	10190
construction, demolition, alteration, repair, improvement,	10191
renovation, or reconstruction of roadways and bridges for which	10192
the commission is required to receive bids be kept confidential	10193
and remain confidential until after all bids for the public	10194
improvement have been received or the deadline for receiving bids	10195
has passed. Thereafter, and before opening the bids submitted for	10196
the roadways and bridges, the commission shall make the cost	10197
estimate public knowledge by reading the cost estimate in a public	10198
place. The commission may reject any and all bids. The	10199
requirements of this division do not apply to contracts for the	10200
acquisition of real property or compensation for professional or	10201
other personal services.	10202

(B) Each bid for a contract for construction, demolition,	10203
alteration, repair, improvement, renovation, or reconstruction	10204
shall contain the full name of every person interested in it and	10205
shall meet the requirements of section 153.54 of the Revised Code.	10206

(C) ~~Each bid for a contract, other~~Other than for a contract	10207
referred to in division (B) of this section, each bid for a	10208
contract that involves an expenditure in excess of one hundred	10209
fifty thousand dollars or any contract with a service facility	10210
operator shall contain the full name of every person interested in	10211
it and shall be accompanied by a sufficient bond or certified	10212
check on a solvent bank that if the bid is accepted a contract	10213
will be entered into and the performance of its proposal secured.	10214

(D) AOther than a contract referred to in division (B) of	10215
this section, a bond with good and sufficient surety, in a form as	10216
prescribed and approved by the commission, shall be required of	10217
every contractor awarded a contract~~, other than a contract~~	10218
~~referred to in division (B) of this section,~~that involves an	10219
expenditure in excess of one hundred fifty thousand dollars or any	10220
contract with a service facility operator. The bond shall be in an	10221
amount equal to at least fifty per cent of the contract price,and	10222
shall be conditioned upon the faithful performance of the	10223
contract.	10224

(E) Notwithstanding any other provisions of this section, the	10225
commission may establish a program to expedite special projects by	10226
combining the design and construction elements of any public	10227
improvement project into a single contract. The commission shall	10228
prepare and distribute a scope of work document upon which the	10229
bidders shall base their bids. At a minimum, bidders shall meet	10230
the requirements of section 4733.161 of the Revised Code. Except	10231
in regard to those requirements relating to providing plans, the	10232
commission shall award contracts following the requirements set	10233
forth in divisions (A), (B), (C), and (D) of this section.	10234

Sec. 5537.30. (A) Not later than December 31, 2009, the	10235
Ohio turnpike commission shall establish a program for the	10236
placement of business logos for identification purposes on	10237
directional signs within the turnpike right-of-way.	10238

(B)(1) The commission shall establish, and may revise at any	10239
time, a fee for participation in the business logo sign program.	10240
All direct and indirect costs of the business logo sign program	10241
established pursuant to this section shall be fully paid by the	10242
businesses applying for participation in the program. The direct	10243
and indirect costs of the program shall include, but not be	10244
limited to, the cost of capital, directional signs, blanks,	10245
posts, logos, installation, repair, engineering, design,	10246
insurance, removal, replacement, and administration.	10247

(2) Money generated from participating businesses in excess	10248
of the direct and indirect costs and any reasonable profit	10249
earned by a person awarded a contract under division (C) of this	10250
section shall be remitted to the commission.	10251

(3) If the commission operates such a program and does not	10252
contract with a private person to operate it, all money collected	10253
from participating businesses shall be retained by the	10254
commission.	10255

(C) The commission, in accordance with rules adopted pursuant	10256
to section 111.15 of the Revised Code, may contract with any	10257
private person to operate, maintain, or market the business logo	10258
sign program. The contract may allow for a reasonable profit to	10259
be earned by the successful applicant. In awarding the contract,	10260
the commission shall consider the skill, expertise, prior	10261
experience, and other qualifications of each applicant.	10262

(D) The program shall permit the business logo signs of a	10263
seller of motor vehicle fuel to include on the seller's signs a	10264
marking or symbol indicating that the seller sells one or more	10265
types of alternative fuel so long as the seller in fact sells that	10266
fuel. As used in this division, "alternative fuel" has the same	10267
meaning as in section 125.831 of the Revised Code.	10268

Sec. 5537.99. (A) Except as provided in division (B) of	10269
this section, whoever violates division (C) of section 5537.16 of	10270
the Revised Code is guilty of a minor misdemeanor on a first	10271
offense; on each subsequent offense such person is guilty of a	10272
misdemeanor of the fourth degree.	10273

(B)(1) Whoever violates division (C) of section 5537.16 of	10274
the Revised Code when the violation is a civil violation for	10275
failure to comply with toll collection rules is subject to a fee	10276
or charge established by the commission by rule.	10277

(2) Whoever violates division (C) of section 5537.16 of the	10278
Revised Code in regard to allowable axle or vehicle loads shall be	10279
fined in accordance with division (A) of section 5577.99 of the	10280
Revised Code.	10281

Sec. 5541.05. (A) Except as otherwise provided in division	10282
(D) of this section, a board of county commissioners by resolution	10283
may place a graveled or unimproved county road under its	10284
jurisdiction that is not passable year-round or any portion of	10285
such a road on nonmaintained status. Prior to adopting a	10286
resolution that places a road on nonmaintained status, the board,	10287
at special or regular meetings, shall hold at least two public	10288
hearings to allow for public comment on the proposed resolution.	10289
The board shall publicize the times and places of the hearings by	10290
causing a notice to be published in a newspaper of general	10291
circulation in the county in which the road is located at least	10292
ten days prior to the date of the first meeting. If the county	10293
maintains a web site on the internet, the same notice also shall	10294
be posted on the web site at least ten days prior to the date of	10295
the first meeting. Upon adoption of such a resolution, the board	10296
is not required to cause the road to be dragged at any time, or	10297
to cut, destroy, or remove any brush, weeds, briers, bushes, or	10298
thistles upon or along the road, or to remove snow from the	10299
road, or to maintain or repair the road in any manner. The	10300
board, in its discretion, may cause any of these actions to be	10301
performed on or to a road that it has placed on nonmaintained	10302
status.	10303

(B) Prior to adopting a resolution under division (A) of this	10304
section, the board shall request the county engineer to issue an	10305
advisory opinion regarding the consequences of placing the road on	10306
nonmaintained status, including any impact such action would have	10307
on adjoining property owners. A board may adopt a resolution under	10308
division (A) of this section only after the county engineer	10309
issues the advisory opinion and the county engineer, in the	10310
advisory opinion, finds that placing the road on nonmaintained	10311
status will not unduly adversely affect the flow of motor	10312
vehicle traffic on that road or on any adjacent road.	10313

(C)(1) A board may terminate the nonmaintained status of a	10314
county road by adopting a resolution to that effect. If the	10315
owner of land adjoining a road that has been placed on	10316
nonmaintained status requests the board to terminate the	10317
nonmaintained status of the road, the board, in its resolution	10318
that terminates that nonmaintained status, may require the owner	10319
to pay the costs of upgrading the road to locally adopted county	10320
standards.	10321

(2) If the owner of land adjoining a road that has been	10322
placed on nonmaintained status upgrades the road to the standards	10323
most recently certified by the county engineer for the road, the	10324
board shall terminate the nonmaintained status of the road and	10325
then shall maintain and repair the road according to such	10326
standards. However, division (C)(2) of this section does not apply	10327
to a road or portion of a road that, prior to being placed on	10328
nonmaintained status, was not certified by the board of county	10329
commissioners to the director of transportation in accordance	10330
with division (D) of section 4501.04 of the Revised Code as	10331
mileage in the county used by and maintained for the public.	10332

(3) The owner of land adjoining a road that was placed on	10333
nonmaintained status prior to ~~the effective date of this amendment~~	10334
April 7, 2009, or the owner of land whose only access to such a	10335
road is by easement may petition the board for review of the	10336
nonmaintained status of the road if the road provides the	10337
exclusive means for obtaining access to the land. Upon receipt of	10338
a petition, the board shall review the status of the road and	10339
shall terminate the nonmaintained status if the board finds that	10340
the road provides such exclusive means for obtaining access to	10341
the land. After completing the review, the board shall adopt a	10342
resolution either retaining or terminating the nonmaintained	10343
status of the road. If the board terminates the nonmaintained	10344
status of a road under division (C)(3) of this section, the board	10345
shall not require the owner to pay the costs of upgrading,	10346
maintaining, or repairing the road. However, division (C)(3) of	10347
this section does not apply to a road or portion of a road that,	10348
prior to being placed on nonmaintained status, was not certified	10349
by the board of county commissioners to the director in accordance	10350
with division (D) of section 4501.04 of the Revised Code as	10351
mileage in the county used by and maintained for the public.	10352

(D) A graveled or unimproved road may not be placed on	10353
nonmaintained status if the road is the exclusive means for	10354
obtaining access to land that adjoins that road and the road is	10355
passable year-round.	10356

(E) For purposes of this section, a road is passable	10357
year-round if a four-wheeled, two-wheel drive passenger motor	10358
vehicle can be driven on the road year-round, apart from seasonal	10359
conditions caused by weather-related events.	10360

Sec. 5571.20. (A) Except as otherwise provided in division	10361
(D) of this section, a board of township trustees by resolution	10362
may place a graveled or unimproved township road under its	10363
jurisdiction that is not passable year-round or any portion of	10364
such a road on nonmaintained status. Prior to adopting a	10365
resolution that places a road on nonmaintained status, the board	10366
shall hold at least two public hearings to allow for public	10367
comment on the proposed resolution. The board, at special or	10368
regular meetings, shall publicize the times and places of the	10369
hearings by causing a notice to be published in a newspaper of	10370
general circulation in the county in which the road is located	10371
at least ten days prior to the date of the first meeting. If the	10372
township maintains a web site on the internet, the same notice	10373
also shall be posted on the web site at least ten days prior to	10374
the date of the first meeting. Upon adoption of such a	10375
resolution, the board is not required to cause the road to be	10376
dragged at any time, or to cut, destroy, or remove any brush,	10377
weeds, briers, bushes, or thistles upon or along the road, or to	10378
remove snow from the road, or to maintain or repair the road in	10379
any manner. The board, in its discretion, may cause any of these	10380
actions to be performed on or to a road that it has placed on	10381
nonmaintained status.	10382

(B) Prior to adopting a resolution under division (A) of this	10383
section, the board shall request the county engineer to issue an	10384
advisory opinion regarding the consequences of placing the road on	10385
nonmaintained status, including any impact such action would have	10386
on adjoining property owners. A board may adopt a resolution under	10387
division (A) of this section only after the county engineer	10388
issues the advisory opinion and the county engineer, in the	10389
advisory opinion, finds that placing the road on nonmaintained	10390
status will not unduly adversely affect the flow of motor	10391
vehicle traffic on that road or on any adjacent road.	10392

(C)(1) A board may terminate the nonmaintained status of a	10393
township road by adopting a resolution to that effect. If the	10394
owner of land adjoining a road that has been placed on	10395
nonmaintained status requests the board to terminate the	10396
nonmaintained status of the road, the board, in its resolution	10397
that terminates that nonmaintained status, may require the owner	10398
to pay the costs of upgrading the road to locally adopted	10399
township standards.	10400

(2) If the owner of land adjoining a road that has been	10401
placed on nonmaintained status upgrades the road to the standards	10402
most recently certified by the county engineer for the road, the	10403
board shall terminate the nonmaintained status of the road and	10404
then shall maintain and repair the road according to such	10405
standards. However, division (C)(2) of this section does not apply	10406
to a road or portion of a road that, prior to being placed on	10407
nonmaintained status, was not certified by the board of township	10408
trustees to the director of transportation in accordance with	10409
division (E) of section 4501.04 of the Revised Code as mileage in	10410
the township used by and maintained for the public.	10411

(3) The owner of land adjoining a road that was placed on	10412
nonmaintained status prior to ~~the effective date of this amendment~~	10413
April 7, 2009, or land owner of land whose only access to such a	10414
road is by easement may petition the board for review of the	10415
nonmaintained status of the road if the road provides the	10416
exclusive means for obtaining access to the land. Upon receipt of	10417
a petition, the board shall review the status of the road and	10418
shall terminate the nonmaintained status if the board finds that	10419
the road provides such exclusive means for obtaining access to	10420
the land. After completing the review, the board shall adopt a	10421
resolution either retaining or terminating the nonmaintained	10422
status of the road. If the board terminates the nonmaintained	10423
status of a road under division (C)(3) of this section, the board	10424
shall not require the owner to pay the costs of upgrading,	10425
maintaining, or repairing the road. However, division (C)(3) of	10426
this section does not apply to a road or portion of a road that,	10427
prior to being placed on nonmaintained status, was not certified	10428
by the board of township trustees to the director in accordance	10429
with division (E) of section 4501.04 of the Revised Code as	10430
mileage in the township used by and maintained for the public.	10431

(D) A graveled or unimproved road may not be placed on	10432
nonmaintained status if the road is the exclusive means for	10433
obtaining access to land that adjoins that road and the road is	10434
passable year-round.	10435

(E) For purposes of this section, a road is passable	10436
year-round if a four-wheeled, two-wheel drive passenger motor	10437
vehicle can be driven on the road year-round, apart from seasonal	10438
conditions caused by weather-related events.	10439

Section 101.02. That existing sections 121.51, 133.52,	10440
151.01, 151.09, 151.40, 955.201, 1548.10, 1751.53, 2911.21,	10441
2949.094, 3304.14, 3719.21, 3905.423, 3923.38, 4141.242, 4141.301,	10442
4163.01, 4163.07, 4501.01, 4501.03, 4501.044, 4501.06,	10443
4501.21, 4501.34, 4503.04, 4503.042, 4503.07, 4503.10,	10444
4503.103, 4503.182, 4503.19, 4503.191, 4503.26, 4503.40,	10445
4503.42, 4503.65, 4505.032, 4505.09, 4505.14, 4506.07, 4506.08,	10446
4506.11, 4507.06, 4507.13, 4507.23, 4507.24, 4507.51, 4507.52,	10447
4509.05, 4511.01, 4511.093, 4511.181, 4511.191, 4511.21,	10448
4511.213, 4513.03, 4513.263, 4513.34, 4517.021, 4519.02, 4519.03,	10449
4519.04, 4519.08, 4519.09, 4519.10, 4519.44, 4519.47, 4519.59,	10450
4519.63, 4561.17, 4561.18, 4561.21, 4729.42, 4729.99, 4776.02,	10451
4776.04, 4928.64, 4928.65, 4981.02, 5501.03, 5501.311, 5501.34,	10452
5502.03, 5502.39, 5502.67, 5502.68, 5515.01, 5515.07, 5517.011,	10453
5525.15, 5531.09, 5537.07, 5537.99, 5541.05, and 5571.20 of the	10454
Revised Code are hereby repealed.	10455

Section 105.01. That sections 955.202 and 5902.09 of the	10456
Revised Code are hereby repealed.	10457

Section 105.05. Section 121.53 of the Revised Code is hereby	10458
repealed, effective September 30, 2013.	10459

Section 120.10. That sections 1751.53 and 3923.38 of the	10460
Revised Code be amended to read as follows:	10461

Sec. 1751.53. (A) As used in this section:

10462

(1) "Group contract" means a group health insuring	10463
corporation contract covering employees that meets either of the	10464
following conditions:	10465

(a) The contract was issued by an entity that, on June 4,	10466
1997, holds a certificate of authority or license to operate	10467
under Chapter 1738. or 1742. of the Revised Code, and covers an	10468
employee at the time the employee's employment is terminated.	10469

(b) The contract is delivered, issued for delivery, or	10470
renewed in this state after June 4, 1997, and covers an employee	10471
at the time the employee's employment is terminated.	10472

(2) "Eligible employee" means an employee to whom all of the	10473
following apply:	10474

(a) The employee has been continuously covered under a group	10475
contract or under the contract and any prior similar group	10476
coverage replaced by the contract, during the entire three-month	10477
period preceding the termination of the employee's employment.	10478

(b) ~~The employee did not voluntarily terminate the employee's~~	10479
~~employment and the termination of employment is not a result of~~	10480
~~any gross misconduct on the part of the employee~~The employee is	10481
entitled, at the time of the termination of this employment, to	10482
unemployment compensation benefits under Chapter 4141. of the	10483
Revised Code.	10484

(c) The employee is not, and does not become, covered by or	10485
eligible for coverage by medicare.	10486

(d) The employee is not, and does not become, covered by or	10487
eligible for coverage by any other insured or uninsured	10488
arrangement that provides hospital, surgical, or medical coverage	10489
for individuals in a group and under which the employee was not	10490
covered immediately prior to the termination of employment. A	10491
person eligible for continuation of coverage under this section,	10492
who is also eligible for coverage under section 3923.123 of the	10493
Revised Code, may elect either coverage, but not both. A person	10494
who elects continuation of coverage may elect any coverage	10495
available under section 3923.123 of the Revised Code upon the	10496
termination of the continuation of coverage.	10497

(B) A group contract shall provide that any eligible employee	10498
may continue the coverage under the contract, for the employee and	10499
the employee's eligible dependents, for a period of ~~twelve~~six	10500
months after the date that the group coverage would otherwise	10501
terminate by reason of the termination of the employee's	10502
employment. Each certificate of coverage issued to employees	10503
under the contract shall include a notice of the employee's	10504
privilege of continuation.	10505

(C) All of the following apply to the continuation of group	10506
coverage required under division (B) of this section:	10507

(1) Continuation need not include any supplemental health	10508
care services benefits or specialty health care services benefits	10509
provided by the group contract.	10510

(2) The employer shall notify the employee of the right of	10511
continuation at the time the employer notifies the employee of the	10512
termination of employment. The notice shall inform the employee of	10513
the amount of contribution required by the employer under division	10514
(C)(4) of this section.	10515

(3) The employee shall file a written election of	10516
continuation with the employer and pay the employer the first	10517
contribution required under division (C)(4) of this section. The	10518
request and payment must be received by the employer no later than	10519
the earlier of any of the following dates:	10520

(a) Thirty-one days after the date on which the employee's	10521
coverage would otherwise terminate;	10522

(b) Ten days after the date on which the employee's coverage	10523
would otherwise terminate, if the employer has notified the	10524
employee of the right of continuation prior to this date;	10525

(c) Ten days after the employer notifies the employee of the	10526
right of continuation, if the notice is given after the date on	10527
which the employee's coverage would otherwise terminate.	10528

(4) The employee must pay to the employer, on a monthly	10529
basis, in advance, the amount of contribution required by the	10530
employer. The amount required shall not exceed the group rate for	10531
the insurance being continued under the policy on the due date of	10532
each payment.	10533

(5) The employee's privilege to continue coverage and the	10534
coverage under any continuation ceases if any of the following	10535
occurs:	10536

(a) The employee ceases to be an eligible employee under	10537
division (A)(2)(c) or (d) of this section;	10538

(b) A period of ~~twelve~~six months expires after the date that	10539
the employee's coverage under the group contract would otherwise	10540
have terminated because of the termination of employment;	10541

(c) The employee fails to make a timely payment of a required	10542
contribution, in which event the coverage shall cease at the end	10543
of the coverage for which contributions were made;	10544

(d) The group contract is terminated, or the employer	10545
terminates participation under the contract, unless the employer	10546
replaces the coverage by similar coverage under another contract	10547
or other group health arrangement. If the employer replaces the	10548
contract with similar group health coverage, all of the following	10549
apply:	10550

(i) The member shall be covered under the replacement	10551
coverage, for the balance of the period that the member would have	10552
remained covered under the terminated coverage if it had not been	10553
terminated.	10554

(ii) The minimum level of benefits under the replacement	10555
coverage shall be the applicable level of benefits of the contract	10556
replaced reduced by any benefits payable under the contract	10557
replaced.	10558

(iii) The contract replaced shall continue to provide	10559
benefits to the extent of its accrued liabilities and extensions	10560
of benefits as if the replacement had not occurred.	10561

(D) This section does not apply to any group contract	10562
offering only supplemental health care services or specialty	10563
health care services.	10564

~~(E) An employer shall notify the health insuring corporation~~	10565
~~if the employee elects continuation of coverage under this~~	10566
~~section. The health insuring corporation may require the employer~~	10567
~~to provide documentation if the employee elects continuation of~~	10568
~~coverage and is seeking premium assistance for the continuation of~~	10569
~~coverage under the "American Recovery and Investment Act of 2009,"~~	10570
~~Pub. L. No. 111-5, 123 Stat. 115. The director of insurance shall~~	10571
~~publish guidance for employers and health insuring corporations~~	10572
~~regarding the contents of such documentation.~~	10573

Sec. 3923.38. (A) As used in this section:

10574

(1) "Group policy" includes any group sickness and accident	10575
policy or contract delivered, issued for delivery, or renewed in	10576
this state on or after June 28, 1984, and any private or public	10577
employer self-insurance plan or other plan that provides, or	10578
provides payment for, health care benefits for employees resident	10579
in this state other than through an insurer or health insuring	10580
corporation, to which both of the following apply:	10581

(a) The policy insures employees for hospital, surgical, or	10582
major medical insurance on an expense incurred or service basis,	10583
other than for specified diseases or for accidental injuries only.	10584

(b) The policy is in effect and covers an eligible employee	10585
at the time the employee's employment is terminated.	10586

(2) "Eligible employee" includes only an employee to whom all	10587
of the following apply:	10588

(a) The employee has been continuously insured under a group	10589
policy or under the policy and any prior similar group coverage	10590
replaced by the policy, during the entire three-month period	10591
preceding the termination of the employee's employment.	10592

(b) ~~The employee did not voluntarily terminate the employee's~~	10593
~~employment and the termination of employment is not a result of~~	10594
~~any gross misconduct on the part of the employee~~The employee is	10595
entitled, at the time of the termination of the employee's	10596
employment, to unemployment compensation benefits under Chapter	10597
4141. of the Revised Code.	10598

(c) The employee is not, and does not become, covered by or	10599
eligible for coverage by medicare under Title XVIII of the Social	10600
Security Act, as amended.	10601

(d) The employee is not, and does not become, covered by or	10602
eligible for coverage by any other insured or uninsured	10603
arrangement that provides hospital, surgical, or medical coverage	10604
for individuals in a group and under which the person was not	10605
covered immediately prior to such termination. A person eligible	10606
for continuation of coverage under this section, who is also	10607
eligible for coverage under section 3923.123 of the Revised Code,	10608
may elect either coverage, but not both. A person who elects	10609
continuation of coverage may elect any coverage available under	10610
section 3923.123 of the Revised Code upon the termination of the	10611
continuation of coverage.	10612

(3) "Group rate" means, in the case of an employer	10613
self-insurance or other health benefits plan, the average monthly	10614
cost per employee, over a period of at least twelve months, of the	10615
operation of the plan that would represent a group insurance rate	10616
if the same coverage had been provided under a group sickness and	10617
accident insurance policy.	10618

(B) A group policy shall provide that any eligible employee	10619
may continue the employee's hospital, surgical, and medical	10620
insurance under the policy, for the employee and the employee's	10621
eligible dependents, for a period of ~~twelve~~six months after the	10622
date that the insurance coverage would otherwise terminate by	10623
reason of the termination of the employee's employment. Each	10624
certificate of coverage, or other notice of coverage, issued to	10625
employees under the policy shall include a notice of the	10626
employee's privilege of continuation.	10627

(C) All of the following apply to the continuation of	10628
coverage required under division (B) of this section:	10629

(1) Continuation need not include dental, vision care,	10630
prescription drug benefits, or any other benefits provided under	10631
the policy in addition to its hospital, surgical, or major medical	10632
benefits.	10633

(2) The employer shall notify the employee of the right of	10634
continuation at the time the employer notifies the employee of the	10635
termination of employment. The notice shall inform the employee of	10636
the amount of contribution required by the employer under division	10637
(C)(4) of this section.	10638

(3) The employee shall file a written election of	10639
continuation with the employer and pay the employer the first	10640
contribution required under division (C)(4) of this section. The	10641
request and payment must be received by the employer no later than	10642
the earlier of any of the following dates:	10643

(a) Thirty-one days after the date on which the employee's	10644
coverage would otherwise terminate;	10645

(b) Ten days after the date on which the employee's coverage	10646
would otherwise terminate, if the employer has notified the	10647
employee of the right of continuation prior to such date;	10648

(c) Ten days after the employer notifies the employee of the	10649
right of continuation, if the notice is given after the date on	10650
which the employee's coverage would otherwise terminate.	10651

(4) The employee must pay to the employer, on a monthly	10652
basis, in advance, the amount of contribution required by the	10653
employer. The amount required shall not exceed the group rate for	10654
the insurance being continued under the policy on the due date of	10655
each payment.	10656

(5) The employee's privilege to continue coverage and the	10657
coverage under any continuation ceases if any of the following	10658
occurs:	10659

(a) The employee ceases to be an eligible employee under	10660
division (A)(2)(c) or (d) of this section;	10661

(b) A period of ~~twelve~~six months expires after the date that	10662
the employee's insurance under the policy would otherwise have	10663
terminated because of the termination of employment;	10664

(c) The employee fails to make a timely payment of a required	10665
contribution, in which event the coverage shall cease at the end	10666
of the coverage for which contributions were made;	10667

(d) The policy is terminated, or the employer terminates	10668
participation under the policy, unless the employer replaces the	10669
coverage by similar coverage under another group policy or other	10670
group health arrangement.	10671

If the employer replaces the policy with similar group health	10672
coverage, all of the following apply:	10673

(i) The member shall be covered under the replacement	10674
coverage, for the balance of the period that the member would have	10675
remained covered under the terminated coverage if it had not been	10676
terminated.	10677

(ii) The minimum level of benefits under the replacement	10678
coverage shall be the applicable level of benefits of the policy	10679
replaced reduced by any benefits payable under the policy	10680
replaced.	10681

(iii) The policy replaced shall continue to provide benefits	10682
to the extent of its accrued liabilities and extensions of	10683
benefits as if the replacement had not occurred.	10684

(D) This section does not apply to an employer's	10685
self-insurance plan if federal law supersedes, preempts,	10686
prohibits, or otherwise precludes its application to such plans.	10687

~~(E) An employer shall notify the insurer if the employee~~	10688
~~elects continuation of coverage under this section. The insurer~~	10689
~~may require the employer to provide documentation if the employee~~	10690
~~elects continuation of coverage and is seeking premium assistance~~	10691
~~for the continuation of coverage under the "American Recovery and~~	10692
~~Investment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115. The~~	10693
~~director of insurance shall publish guidance for employers and~~	10694
~~insurers regarding the contents of such documentation.~~	10695

Section 120.11. That existing sections 1751.53 and 3923.38 of	10696
the Revised Code are hereby repealed.	10697

Section 120.12. Sections 120.10 and 120.11 take effect	10698
January 1, 2010.	10699

Section 201.10. Except as otherwise provided, all	10700
appropriation items in this act are hereby appropriated out of any	10701
moneys in the state treasury to the credit of the designated fund	10702
that are not otherwise appropriated. For all appropriations made	10703
in this act, the amounts in the first column are for fiscal year	10704
2010 and the amounts in the second column are for fiscal year	10705
2011.	10706

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

10707

FUND

TITLE

FY 2010

FY 2011

10708

Highway Operating Fund Group	10709

2120	772426	Highway Infrastructure Bank - Federal	$	4,018,649	$	4,018,649	10710
2120	772427	Highway Infrastructure Bank - State	$	10,209,272	$	10,209,272	10711
2120	772429	Highway Infrastructure Bank - Local	$	11,499,999	$	11,499,999	10712
2120	772430	Infrastructure Debt Reserve Title 23-49	$	1,500,000	$	1,500,000	10713
2120	775408	Transit Infrastructure Bank - Local	$	812,685	$	812,685	10714
2120	775455	Title 49 Infrastructure Bank - State	$	312,795	$	312,795	10715
2130	772431	Roadway Infrastructure Bank - State	$	1,000,000	$	1,000,000	10716
2130	772432	Roadway Infrastructure Bank - Local	$	6,000,000	$	6,000,000	10717
2130	772433	Infrastructure Debt Reserve - State	$	2,000,000	$	2,000,000	10718
2130	775457	Transit Infrastructure Bank - State	$	312,082	$	312,082	10719
2130	775460	Transit Infrastructure Bank - Local	$	1,000,000	$	1,000,000	10720
2130	777477	Aviation Infrastructure Bank - State	$	3,500,000	$	3,500,000	10721
2130	777478	Aviation Infrastructure Bank - Local	$	6,000,000	$	6,000,000	10722
7002	770003	Administration - State - Debt Service	$	3,415,700	$	1,821,000	10723
7002	771411	Planning and Research - State	$	21,044,516	$	21,463,169	10724
7002	771412	Planning and Research - Federal	$	23,970,770	$	24,214,310	10725
7002	772421	Highway Construction - State	$	542,801,332	$	517,419,558	10726
7002	772422	Highway Construction - Federal	$	1,091,378,700	$	1,065,737,629	10727
7002	772424	Highway Construction - Other	$	121,377,011	$	109,694,836	10728
7002	772437	GARVEE Debt Service - State	$	21,778,200	$	27,547,900	10729
7002	772438	GARVEE Debt Service - Federal	$	131,814,700	$	136,513,200	10730
7002	773431	Highway Maintenance - State	$	405,633,542	$	425,329,858	10731
7002	775452	Public Transportation - Federal	$	27,060,785	$	27,060,785	10732
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	10733
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	10734
7002	776462	Grade Crossings - Federal	$	15,000,000	$	15,000,000	10735
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	10736
7002	777475	Aviation Administration	$	4,945,697	$	5,186,959	10737
7002	779491	Administration - State	$	131,087,437	$	134,889,042	10738
TOTAL HOF Highway Operating							10739
Fund Group			$	2,596,108,872	$	2,566,678,728	10740

State Special Revenue Fund Group	10741

4N40	776663	Panhandle Lease Reserve Payments	$	762,600	$	764,300	10742
4N40	776664	Rail Transportation - Other	$	2,111,500	$	2,111,500	10743
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	10744
TOTAL SSR State Special Revenue							10745
Fund Group			$	3,494,100	$	3,495,800	10746

Intrastructure Bank Obligations Fund Group	10747

7045	772428	Highway Infrastructure Bank - Bonds	$	71,000,000	$	65,000,000	10748
TOTAL 045 Infrastructure Bank							10749
Obligations Fund Group			$	71,000,000	$	65,000,000	10750

Highway Capital Improvement Fund Group	10751

7042	772723	Highway Construction - Bonds	$	194,000,000	$	163,000,000	10752
TOTAL 042 Highway Capital							10753
Improvement Fund Group			$	194,000,000	$	163,000,000	10754
TOTAL ALL BUDGET FUND GROUPS			$	2,864,602,972	$	2,798,174,528	10755

Section 203.11. PUBLIC ACCESS ROADS FOR DNR FACILITIES

10757

Of the foregoing appropriation item 772421, Highway	10758
Construction – State, $5,000,000 shall be used in each fiscal	10759
year for the construction, reconstruction, or maintenance of	10760
public access roads, including support features, to and within	10761
state facilities owned or operated by the Department of Natural	10762
Resources.	10763

Section 203.12. PUBLIC ACCESS ROADS FOR PARKS AND EXPOSITIONS	10764
COMMISSION FACILITIES	10765

Notwithstanding section 5511.06 of the Revised Code, of the	10766
foregoing appropriation item 772421, Highway Construction –	10767
State, $2,228,000 in each fiscal year shall be used for the	10768
construction, reconstruction, or maintenance of park drives or	10769
park roads within the boundaries of metropolitan parks.	10770

The Department of Transportation may use the foregoing	10771
appropriation item 772421, Highway Construction – State, to	10772
perform related road work on behalf of the Ohio Expositions	10773
Commission at the state fairgrounds, including reconstruction or	10774
maintenance of public access roads and support features to and	10775
within fairground facilities, as requested by the Commission and	10776
approved by the Director of Transportation.	10777

Section 203.13. DIRECT INVESTMENT IN PUBLIC TRANSIT

10778

Of the foregoing appropriation item 772422, Highway	10779
Construction – Federal, $7,500,000 shall be used in each fiscal	10780
year to provide grants to local transit authorities to purchase or	10781
improve public transit vehicles. To provide for a cleaner	10782
environment, new transit vehicles purchased and improvements made	10783
to a local transit authority's existing fleet of vehicles with	10784
funds provided under this section must foster the goals of	10785
increasing fuel efficiency, reducing emissions, and using	10786
alternative fuels, as appropriate.	10787

Section 203.16. DIESEL EMISSIONS REDUCTION PILOT PROJECT

10788

Of the foregoing appropriation item 772422, Highway	10789
Construction – Federal, $600,000 shall be used in fiscal year 2010	10790
for a truck stop electrification pilot project to reduce diesel	10791
emissions from commercial vehicles.	10792

Section 203.20. ISSUANCE OF BONDS

10793

The Treasurer of State, upon the request of the Director of	10794
Transportation, is authorized to issue and sell, in accordance	10795
with Section 2m of Article VIII, Ohio Constitution, and Chapter	10796
151. and particularly sections 151.01 and 151.06 of the Revised	10797
Code, obligations, including bonds and notes, in the aggregate	10798
amount of $352,000,000 in addition to the original issuance of	10799
obligations authorized by prior acts of the General Assembly.	10800

The obligations shall be dated, issued, and sold from time to	10801
time in amounts necessary to provide sufficient moneys to the	10802
credit of the Highway Capital Improvement Fund (Fund 7042) created	10803
by section 5528.53 of the Revised Code to pay costs charged to the	10804
fund when due as estimated by the Director of Transportation,	10805
provided, however, that such obligations shall be issued and sold	10806
at such time or times so that not more than $220,000,000 original	10807
principal amount of obligations, plus the principal amount of	10808
obligations that in prior fiscal years could have been, but were	10809
not, issued within the $220,000,000 limit, may be issued in any	10810
fiscal year, and not more than $1,200,000,000 original principal	10811
amount of such obligations are outstanding at any one time.	10812

Section 203.30. TRANSFER OF HIGHWAY OPERATING FUND (FUND	10813
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY	10814
CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL, AVIATION, AND	10815
ADMINISTRATION	10816

The Director of Budget and Management may approve requests	10817
from the Director of Transportation for transfer of Highway	10818
Operating Fund (Fund 7002) appropriations for highway planning and	10819
research (appropriation items 771411 and 771412), highway	10820
construction (appropriation items 772421, 772422, 772424, 772437,	10821
and 772438), highway maintenance (appropriation item 773431),	10822
rail grade crossings (appropriation item 776462), aviation	10823
(appropriation item 777475), and administration (appropriation	10824
item 779491). The Director of Budget and Management may not make	10825
transfers out of debt service appropriation items unless the	10826
Director determines that the appropriated amounts exceed the	10827
actual and projected debt service requirements. Transfers of	10828
appropriations may be made upon the written request of the	10829
Director of Transportation and with the approval of the Director	10830
of Budget and Management. The transfers shall be reported to the	10831
Controlling Board at the next regularly scheduled meeting of the	10832
board.	10833

This transfer authority is intended to provide for emergency	10834
situations and flexibility to meet unforeseen conditions that	10835
could arise during the budget period. It also is intended to allow	10836
the department to optimize the use of available resources and	10837
adjust to circumstances affecting the obligation and expenditure	10838
of federal funds.	10839

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL AND	10840
LOCAL TRANSIT	10841

The Director of Budget and Management may approve written	10842
requests from the Director of Transportation for the transfer of	10843
appropriations between appropriation items 772422, Highway	10844
Construction - Federal, 775452, Public Transportation - Federal,	10845
775454, Public Transportation - Other, and 775459, Elderly and	10846
Disabled Special Equipment, based upon transit capital projects	10847
meeting Federal Highway Administration and Federal Transit	10848
Administration funding guidelines. The transfers shall be reported	10849
to the Controlling Board at its next regularly scheduled meeting.	10850

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	10851
BANK	10852

The Director of Budget and Management may approve requests	10853
from the Director of Transportation for transfer of appropriations	10854
and cash of the Infrastructure Bank funds created in section	10855
5531.09 of the Revised Code, including transfers between fiscal	10856
years 2010 and 2011. The transfers shall be reported to the	10857
Controlling Board at its next regularly scheduled meeting.	10858

The Director of Budget and Management may approve requests	10859
from the Director of Transportation for transfer of appropriations	10860
and cash from the Highway Operating Fund (Fund 7002) to the	10861
Infrastructure Bank funds created in section 5531.09 of the	10862
Revised Code. The Director of Budget and Management may transfer	10863
from the Infrastructure Bank funds to the Highway Operating Fund	10864
up to the amounts originally transferred to the Infrastructure	10865
Bank funds under this section. However, the Director may not make	10866
transfers between modes or transfers between different funding	10867
sources. The transfers shall be reported to the Controlling Board	10868
at its next regularly scheduled meeting.	10869

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

10870

The Director of Budget and Management may approve requests	10871
from the Director of Transportation for transfer of appropriations	10872
and cash of the Ohio Tolling Fund and any sub-accounts created in	10873
section 5531.14 of the Revised Code, including transfers between	10874
fiscal years 2010 and 2011. The transfers shall be reported to the	10875
Controlling Board at its next regularly scheduled meeting.	10876

INCREASING APPROPRIATIONS: STATE FUNDS

10877

In the event that receipts or unexpended balances credited to	10878
the Highway Operating Fund (Fund 7002) exceed the estimates upon	10879
which the appropriations have been made in this act, upon the	10880
request of the Director of Transportation, the Controlling Board	10881
may increase those appropriations in the manner prescribed in	10882
section 131.35 of the Revised Code.	10883

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

10884

In the event that receipts or unexpended balances credited to	10885
the Highway Operating Fund (Fund 7002) or apportionments or	10886
allocations made available from the federal and local government	10887
exceed the estimates upon which the appropriations have been made	10888
in this act, upon the request of the Director of Transportation,	10889
the Controlling Board may increase those appropriations in the	10890
manner prescribed in section 131.35 of the Revised Code.	10891

REAPPROPRIATIONS

10892

Upon approval of the Director of Budget and Management, all	10893
appropriations of the Highway Operating Fund (Fund 7002), the	10894
Highway Capital Improvement Fund (Fund 7042), and the	10895
Infrastructure Bank funds created in section 5531.09 of the	10896
Revised Code remaining unencumbered on June 30, 2009, are hereby	10897
reappropriated for the same purpose in fiscal year 2010.	10898

Upon approval of the Director of Budget and Management, all	10899
appropriations of the Highway Operating Fund (Fund 7002), the	10900
Highway Capital Improvement Fund (Fund 7042), and the	10901
Infrastructure Bank funds created in section 5531.09 of the	10902
Revised Code remaining unencumbered on June 30, 2010, are hereby	10903
reappropriated for the same purpose in fiscal year 2011.	10904

Any balances of prior years' appropriations to the Highway	10905
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	10906
(Fund 7042), and the Infrastructure Bank funds created in section	10907
5531.09 of the Revised Code that are unencumbered on June 30,	10908
2009, subject to the availability of revenue as determined by the	10909
Director of Transportation, are hereby reappropriated for the same	10910
purpose in fiscal year 2010 upon the request of the Director of	10911
Transportation and with the approval of the Director of Budget and	10912
Management. The reappropriations shall be reported to the	10913
Controlling Board.	10914

Any balances of prior years' appropriations to the Highway	10915
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	10916
(Fund 7042), and the Infrastructure Bank funds created in section	10917
5531.09 of the Revised Code that are unencumbered on June 30,	10918
2010, subject to the availability of revenue as determined by the	10919
Director of Transportation, are hereby reappropriated for the same	10920
purpose in fiscal year 2011 upon the request of the Director of	10921
Transportation and with the approval of the Director of Budget and	10922
Management. The reappropriations shall be reported to the	10923
Controlling Board.	10924

LIQUIDATION OF UNFORESEEN LIABILITIES

10925

Any appropriation made from the Highway Operating Fund (Fund	10926
7002) not otherwise restricted by law is available to liquidate	10927
unforeseen liabilities arising from contractual agreements of	10928
prior years when the prior year encumbrance is insufficient.	10929

Section 203.40. MAINTENANCE INTERSTATE HIGHWAYS

10930

The Director of Transportation may remove snow and ice and	10931
maintain, repair, improve, or provide lighting upon interstate	10932
highways that are located within the boundaries of municipal	10933
corporations, adequate to meet the requirements of federal law.	10934
When agreed in writing by the Director of Transportation and the	10935
legislative authority of a municipal corporation and	10936
notwithstanding sections 125.01 and 125.11 of the Revised Code,	10937
the Department of Transportation may reimburse a municipal	10938
corporation for all or any part of the costs, as provided by such	10939
agreement, incurred by the municipal corporation in maintaining,	10940
repairing, lighting, and removing snow and ice from the interstate	10941
system.	10942

Section 203.50. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

10943

The Director of Transportation may use revenues from the	10944
state motor vehicle fuel tax to match approved federal grants	10945
awarded to the Department of Transportation, regional transit	10946
authorities, or eligible public transportation systems, for public	10947
transportation highway purposes, or to support local or state	10948
funded projects for public transportation highway purposes. Public	10949
transportation highway purposes include: the construction or	10950
repair of high-occupancy vehicle traffic lanes, the acquisition or	10951
construction of park-and-ride facilities, the acquisition or	10952
construction of public transportation vehicle loops, the	10953
construction or repair of bridges used by public transportation	10954
vehicles or that are the responsibility of a regional transit	10955
authority or other public transportation system, or other similar	10956
construction that is designated as an eligible public	10957
transportation highway purpose. Motor vehicle fuel tax revenues	10958
may not be used for operating assistance or for the purchase of	10959
vehicles, equipment, or maintenance facilities.	10960

Section 203.60. RENTAL PAYMENTS - OBA

10961

The foregoing appropriation item 770003, Administration -	10962
State - Debt Service, shall be used to pay rent to the Ohio	10963
Building Authority for the period July 1, 2009, to June 30, 2011,	10964
under the primary leases and agreements for various transportation	10965
related capital facilities financed by obligations issued under	10966
Chapter 152. of the Revised Code. The rental payments shall be	10967
made from revenues received from the motor vehicle fuel tax. The	10968
amounts of any bonds and notes to finance such capital facilities	10969
shall be at the request of the Director of Transportation.	10970
Notwithstanding section 152.24 of the Revised Code, the Ohio	10971
Building Authority may, with approval of the Office of Budget and	10972
Management, lease capital facilities to the Department of	10973
Transportation.	10974

The Director of Transportation shall hold title to any land	10975
purchased and any resulting structures that are attributable to	10976
appropriation item 770003. Notwithstanding section 152.18 of the	10977
Revised Code, the Director of Transportation shall administer any	10978
purchase of land and any contract for construction,	10979
reconstruction, and rehabilitation of facilities as a result of	10980
this appropriation.	10981

Should the appropriation and any reappropriations from prior	10982
years in appropriation item 770003 exceed the rental payments for	10983
fiscal year 2010 or 2011, then prior to June 30, 2011, the balance	10984
may be transferred to appropriation item 772421, Highway	10985
Construction - State, 773431, Highway Maintenance - State, or	10986
779491, Administration - State, upon the written request of the	10987
Director of Transportation and with the approval of the Director	10988
of Budget and Management. The transfer shall be reported to the	10989
Controlling Board at its next regularly scheduled meeting.	10990

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

10991

State Highway Safety Fund Group	10992

4W40	762321	Operating Expense - BMV	$	85,145,103	$	89,005,103	10993
4W40	762410	Registrations Supplement	$	31,753,145	$	32,480,610	10994
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	10995
7036	761321	Operating Expense - Information and Education	$	8,819,954	$	8,828,661	10996
7036	761401	Lease Rental Payments	$	13,337,000	$	11,836,200	10997
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	10998
7036	764321	Operating Expense - Highway Patrol	$	269,887,828	$	269,975,259	10999
7036	764605	Motor Carrier Enforcement Expenses	$	3,340,468	$	3,340,468	11000
8300	761603	Salvage and Exchange - Administration	$	20,800	$	21,632	11001
8310	761610	Information and Education - Federal	$	468,982	$	468,982	11002
8310	764610	Patrol - Federal	$	2,455,484	$	2,455,484	11003
8310	764659	Transportation Enforcement - Federal	$	6,132,592	$	6,132,592	11004
8310	765610	EMS - Federal	$	582,007	$	582,007	11005
8310	767610	Liquor Enforcement - Federal	$	514,184	$	514,184	11006
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,032,135	$	1,032,135	11007
8310	769631	Homeland Security - Federal	$	2,100,000	$	2,184,000	11008
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	11009
8350	762616	Financial Responsibility Compliance	$	6,063,600	$	6,063,600	11010
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	11011
8380	764606	Patrol Reimbursement	$	100,000	$	100,000	11012
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	11013
83F0	764657	Law Enforcement Automated Data System	$	10,984,978	$	9,053,266	11014
83G0	764633	OMVI Enforcement/Education	$	650,000	$	650,000	11015
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	11016
83M0	765624	Operating Expense - Trauma and EMS	$	2,915,113	$	2,924,562	11017
83N0	761611	Elementary School Seat Belt Program	$	390,000	$	405,600	11018
83P0	765637	EMS Grants	$	4,562,912	$	4,562,912	11019
83R0	762639	Local Immobilization Reimbursement	$	750,000	$	750,000	11020
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	11021
8400	764607	State Fair Security	$	1,396,283	$	1,396,283	11022
8400	764617	Security and Investigations	$	6,317,530	$	6,432,686	11023
8400	764626	State Fairgrounds Police Force	$	830,769	$	849,883	11024
8400	769632	Homeland Security - Operating	$	1,552,049	$	1,614,131	11025
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	11026
8440	761613	Seat Belt Education Program	$	400,000	$	400,000	11027
8460	761625	Motorcycle Safety Education	$	3,324,987	$	3,538,903	11028
8490	762627	Automated Title Processing Board	$	19,240,839	$	19,240,839	11029
TOTAL HSF State Highway Safety Fund Group			$	520,633,559	$	522,404,799	11030

General Services Fund Group	11031

4P60	768601	Justice Program Services	$	1,070,962	$	1,109,004	11032
4S30	766661	Hilltop Utility Reimbursement	$	520,000	$	540,800	11033
5ET0	768625	Drug Law Enforcement	$	4,200,000	$	4,200,000	11034
5Y10	764695	Highway Patrol Continuing Professional Training	$	280,820	$	280,820	11035
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	11036
TOTAL GSF General Services Fund Group			$	6,086,782	$	6,145,624	11037

Federal Special Revenue Fund Group	11038

3290	763645	Federal Mitigation Program	$	10,801,636	$	11,233,702	11039
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	11040
3390	763647	Emergency Management Assistance and Training	$	84,031,935	$	84,072,023	11041
3AY0	768606	Federal Justice Grants	$	1,020,000	$	745,000	11042
3CB0	768691	Federal Justice Grants - FFY06	$	920,000	$	795,000	11043
3CC0	768609	Justice Assistance Grants - FFY07	$	1,450,000	$	1,215,000	11044
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	36,146,492	$	1,902,447	11045
3L50	768604	Justice Program	$	12,056,300	$	12,056,300	11046
3N50	763644	U.S. Department of Energy Agreement	$	31,358	$	31,672	11047
TOTAL FED Federal Special Revenue Fund Group			$	174,165,357	$	139,758,780	11048

State Special Revenue Fund Group	11049

4V30	763662	EMA Service and Reimbursement	$	4,474,751	$	4,653,743	11050
5390	762614	Motor Vehicle Dealers Board	$	200,000	$	200,000	11051
5B90	766632	Private Investigator and Security Guard Provider	$	1,341,478	$	1,395,137	11052
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	11053
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	11054
5CM0	767691	Federal Investigative Seizure	$	642,175	$	642,175	11055
5DS0	769630	Homeland Security	$	517,350	$	538,044	11056
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	1,600,000	$	2,750,000	11057
5FL0	769634	Investigations	$	1,172,080	$	1,195,522	11058
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	11059
6570	763652	Utility Radiological Safety	$	1,413,889	$	1,415,945	11060
6810	763653	SARA Title III HAZMAT Planning	$	254,794	$	262,438	11061
8500	767628	Investigative Unit Salvage	$	100,000	$	100,000	11062
TOTAL SSR State Special Revenue Fund Group			$	13,241,517	$	14,678,004	11063

Liquor Control Fund Group	11064

7043	767321		Liquor Enforcement - Operating		$	12,007,894		$	11,897,178		11065
TOTAL LCF Liquor Control Fund Group					$	12,007,894		$	11,897,178		11066

Agency Fund Group	11067

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		11068
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		11069

Holding Account Redistribution Fund Group	11070

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	11071
R052	762623	Security Deposits	$	350,000	$	350,000	11072
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	11073
TOTAL ALL BUDGET FUND GROUPS			$	729,870,109	$	698,619,383	11074

MOTOR VEHICLE REGISTRATION

11075

The Registrar of Motor Vehicles may deposit revenues to meet	11076
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	11077
4W40) established in section 4501.25 of the Revised Code, obtained	11078
under sections 4503.02 and 4504.02 of the Revised Code, less all	11079
other available cash. Revenue deposited pursuant to this paragraph	11080
shall support, in part, appropriations for operating expenses and	11081
defray the cost of manufacturing and distributing license plates	11082
and license plate stickers and enforcing the law relative to the	11083
operation and registration of motor vehicles. Notwithstanding	11084
section 4501.03 of the Revised Code, the revenues shall be paid	11085
into Fund 4W40 before any revenues obtained pursuant to sections	11086
4503.02 and 4504.02 of the Revised Code are paid into any other	11087
fund. The deposit of revenues to meet the aforementioned cash	11088
needs shall be in approximately equal amounts on a monthly basis	11089
or as otherwise determined by the Director of Budget and	11090
Management pursuant to a plan submitted by the Registrar of Motor	11091
Vehicles.	11092

CASH TRANSFERS FROM THE STATE BUREAU OF MOTOR VEHICLES FUND

11093

Notwithstanding any provision of law to the contrary, on July	11094
1, 2009, or as soon as possible thereafter, the Director of Budget	11095
and Management may transfer, from the Bureau of Motor Vehicles	11096
Fund (Fund 4W40), cash in the amounts of up to $635,293 to the	11097
Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the	11098
EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060	11099
to the Investigations Fund (Fund 5FL0).	11100

Notwithstanding any provision to the contrary, the Director	11101
of Budget and Management may make additional cash transfers in	11102
fiscal years 2010 and 2011 from the Bureau of Motor Vehicles Fund	11103
(Fund 4W40) to any of the following five funds if the Director of	11104
Public Safety determines that the cash balance is insufficient in	11105
those funds and requests the Director to make the transfer: the	11106
Justice Program Services Fund (Fund 4P60), the EMA Service and	11107
Reimbursement Fund (Fund 4V30), the Investigations Fund (Fund	11108
5FL0), the Homeland Security Fund (Fund 5DS0), and the Trauma and	11109
Emergency Medical Services Fund (Fund 83M0).	11110

CAPITAL PROJECTS

11111

The Registrar of Motor Vehicles may transfer cash from the	11112
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	11113
Highway Safety Fund (Fund 7036) to meet its obligations for	11114
capital projects CIR-047, Department of Public Safety Office	11115
Building and CIR-049, Warehouse Facility.	11116

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

11117

The foregoing appropriation item 761401, Lease Rental	11118
Payments, shall be used for payments to the Ohio Building	11119
Authority for the period July 1, 2009, to June 30, 2011, under the	11120
primary leases and agreements for public safety related buildings	11121
financed by obligations issued under Chapter 152. of the Revised	11122
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	11123
Building Authority may, with approval of the Director of Budget	11124
and Management, lease capital facilities to the Department of	11125
Public Safety.	11126

HILLTOP TRANSFER

11127

The Director of Public Safety shall determine, per an	11128
agreement with the Director of Transportation, the share of each	11129
debt service payment made out of appropriation item 761401, Lease	11130
Rental Payments, that relates to the Department of	11131
Transportation's portion of the Hilltop Building Project, and	11132
shall certify to the Director of Budget and Management the amounts	11133
of this share. The Director of Budget and Management shall	11134
transfer the amounts of such shares from the Highway Operating	11135
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	11136

CASH TRANSFERS OF SEAT BELT FINE REVENUES

11137

Notwithstanding any provision of law to the contrary, the	11138
Controlling Board, upon request of the Director of Public Safety,	11139
may approve the transfer of cash between the following four funds	11140
that receive fine revenues from enforcement of the mandatory seat	11141
belt law: the Trauma and Emergency Medical Services Fund (Fund	11142
83M0), the Elementary School Program Fund (Fund 83N0), the Trauma	11143
and Emergency Medical Services Grants Fund (Fund 83P0), and the	11144
Seat Belt Education Fund (Fund 8440).	11145

STATE DISASTER RELIEF

11146

The State Disaster Relief Fund (Fund 5330) may accept	11147
transfers of cash and appropriations from Controlling Board	11148
appropriation items for Ohio Emergency Management Agency disaster	11149
response costs and disaster program management costs, and may	11150
also be used for the following purposes:	11151

(A) To accept transfers of cash and appropriations from	11152
Controlling Board appropriation items for Ohio Emergency	11153
Management Agency public assistance and mitigation program match	11154
costs to reimburse eligible local governments and private	11155
nonprofit organizations for costs related to disasters;	11156

(B) To accept and transfer cash to reimburse the costs	11157
associated with Emergency Management Assistance Compact (EMAC)	11158
deployments;	11159

(C) To accept disaster related reimbursement from federal,	11160
state, and local governments. The Director of Budget and	11161
Management may transfer cash from reimbursements received by this	11162
fund to other funds of the state from which transfers were	11163
originally approved by the Controlling Board.	11164

(D) To accept transfers of cash and appropriations from	11165
Controlling Board appropriation items to fund the State Disaster	11166
Relief Program, for disasters that have been declared by the	11167
Governor, and the State Individual Assistance Program for	11168
disasters that have been declared by the Governor and the federal	11169
Small Business Administration. The Ohio Emergency Management	11170
Agency shall publish and make available application packets	11171
outlining procedures for the State Disaster Relief Program and the	11172
State Individual Assistance Program.	11173

JUSTICE ASSISTANCE GRANT FUND

11174

The federal payments made to the state for the Byrne Justice	11175
Assistance Grants Program under Title II of Division A of the	11176
American Recovery and Reinvestment Act of 2009 shall be deposited	11177
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	11178
which is hereby created in the state treasury. All investment	11179
earnings of the fund shall be credited to the fund.	11180

JUSTICE ASSISTANCE GRANTS

11181

The foregoing appropriation item 768612, Federal Stimulus -	11182
Justice Assistance Grants, shall be used to support activities	11183
to prevent and control crime and to improve the criminal justice	11184
system.	11185

FAMILY VIOLENCE PREVENTION FUND

11186

Notwithstanding any provision of law to the contrary, in	11187
each of fiscal years 2010 and 2011, the first $750,000 received	11188
to the credit of the Family Violence Prevention Fund (Fund 5BK0)	11189
in each of those fiscal years shall be appropriated to	11190
appropriation item 768689, Family Violence Shelter Programs, and	11191
the next $400,000 received to the credit of Fund 5BK0 in each of	11192
those fiscal years shall be appropriated to appropriation item	11193
768687, Criminal Justice Services - Operating. Any moneys	11194
received to the credit of Fund 5BK0 in excess of the	11195
aforementioned appropriated amounts in each fiscal year shall,	11196
upon the approval of the Controlling Board, be used to provide	11197
grants to family violence shelters in Ohio.	11198

SARA TITLE III HAZMAT PLANNING

11199

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	11200
entitled to receive grant funds from the Emergency Response	11201
Commission to implement the Emergency Management Agency's	11202
responsibilities under Chapter 3750. of the Revised Code.	11203

COLLECTIVE BARGAINING INCREASES

11204

Notwithstanding division (D) of section 127.14 and division	11205
(B) of section 131.35 of the Revised Code, except for the General	11206
Revenue Fund, the Controlling Board may, upon the request of	11207
either the Director of Budget and Management, or the Department of	11208
Public Safety with the approval of the Director of Budget and	11209
Management, increase appropriations for any fund, as necessary for	11210
the Department of Public Safety, to assist in paying the costs of	11211
increases in employee compensation that have occurred pursuant to	11212
collective bargaining agreements under Chapter 4117. of the	11213
Revised Code and, for exempt employees, under section 124.152 of	11214
the Revised Code.	11215

CASH BALANCE FUND REVIEW

11216

Not later than the first day of April in each fiscal year of	11217
the biennium, the Director of Budget and Management shall review	11218
the cash balances for each fund, except the State Highway Safety	11219
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	11220
4W40), in the State Highway Safety Fund Group, and shall	11221
recommend to the Controlling Board an amount to be transferred to	11222
the credit of Fund 7036 or Fund 4W40, as appropriate.	11223

Section 207.10. DEV DEPARTMENT OF DEVELOPMENT

11224

State Special Revenue Fund Group	11225

4W00	195629	Roadwork Development	$	18,699,900	$	18,699,900	11226
TOTAL SSR State Special Revenue							11227
Fund Group			$	18,699,900	$	18,699,900	11228
TOTAL ALL BUDGET FUND GROUPS			$	18,699,900	$	18,699,900	11229

ROADWORK DEVELOPMENT FUND

11230

The Roadwork Development Fund shall be used for road	11231
improvements associated with economic development opportunities	11232
that will retain or attract businesses for Ohio. "Road	11233
improvements" are improvements to public roadway facilities	11234
located on, or serving or capable of serving, a project site.	11235

The Department of Transportation, under the direction of the	11236
Department of Development, shall provide these funds in accordance	11237
with all guidelines and requirements established for Department of	11238
Development appropriation item 195412, Business Development,	11239
including Controlling Board review and approval as well as the	11240
requirements for usage of gas tax revenue prescribed in Section 5a	11241
of Article XII, Ohio Constitution. Should the Department of	11242
Development require the assistance of the Department of	11243
Transportation to bring a project to completion, the Department of	11244
Transportation shall use its authority under Title LV of the	11245
Revised Code to provide such assistance and may enter into	11246
contracts on behalf of the Department of Development. In addition,	11247
these funds may be used in conjunction with appropriation item	11248
195412, Business Development, or any other state funds	11249
appropriated for infrastructure improvements.	11250

The Director of Budget and Management, pursuant to a plan	11251
submitted by the Director of Development or as otherwise	11252
determined by the Director of Budget and Management, shall set a	11253
cash transfer schedule to meet the cash needs of the Department of	11254
Development's Roadwork Development Fund (Fund 4W00), less any	11255
other available cash. The Director shall transfer to the Roadwork	11256
Development Fund from the Highway Operating Fund (Fund 7002),	11257
established in section 5735.291 of the Revised Code, such amounts	11258
at such times as determined by the transfer schedule.	11259

TRANSPORTATION IMPROVEMENT DISTRICTS

11260

Notwithstanding section 5540.151 of the Revised Code and any	11261
other restrictions that apply to the distribution of Roadwork	11262
Development Grants, of the foregoing appropriation item 195629,	11263
Roadwork Development, $250,000 in each fiscal year shall be	11264
distributed by the Director of Development to each of the	11265
Transportation Improvement Districts in Belmont, Butler, Clermont,	11266
Hamilton, Lorain, Medina, Montgomery, Muskingum, and Stark	11267
counties, and to the Rossford Transportation Improvement District	11268
in Wood County.	11269

Section 209.10. PWC PUBLIC WORKS COMMISSION

11270

Local Transportation Improvements Fund Group	11271

7052	150402	Local Transportation Improvement Program - Operating	$	299,001	$	306,178	11272
7052	150701	Local Transportation Improvement Program	$	67,317,000	$	67,400,000	11273
TOTAL 052 Local Transportation							11274
Improvements Fund Group			$	67,616,001	$	67,706,178	11275

Local Infrastructure Improvements Fund Group	11276

7038	150321	State Capital Improvements Program - Operating Expenses	$	897,383	$	918,912	11277
TOTAL LIF Local Infrastructure							11278
Improvements Fund Group			$	897,383	$	918,912	11279
TOTAL ALL BUDGET FUND GROUPS			$	68,513,384	$	68,625,090	11280

DISTRICT ADMINISTRATION COSTS

11281

The Director of the Public Works Commission is authorized to	11282
create a District Administration Costs Program from interest	11283
earnings of the Capital Improvements Fund and Local Transportation	11284
Improvement Program Fund proceeds. The program shall be used to	11285
provide for the direct costs of district administration of the	11286
nineteen public works districts. Districts choosing to participate	11287
in the program shall only expend State Capital Improvements Fund	11288
moneys for State Capital Improvements Fund costs and Local	11289
Transportation Improvement Program Fund moneys for Local	11290
Transportation Improvement Program Fund costs. The account shall	11291
not exceed $1,235,000 per fiscal year. Each public works district	11292
may be eligible for up to $65,000 per fiscal year from its	11293
district allocation as provided in sections 164.08 and 164.14 of	11294
the Revised Code.	11295

The Director, by rule, shall define allowable and	11296
nonallowable costs for the purpose of the District Administration	11297
Costs Program. Nonallowable costs include indirect costs, elected	11298
official salaries and benefits, and project-specific costs. No	11299
district public works committee may participate in the District	11300
Administration Costs Program without the approval of those costs	11301
by the district public works committee under section 164.04 of the	11302
Revised Code.	11303

REAPPROPRIATIONS

11304

All capital appropriations from the Local Transportation	11305
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 67 of the	11306
127th General Assembly remaining unencumbered as of June 30, 2009,	11307
are reappropriated for use during the period July 1, 2009, through	11308
June 30, 2010, for the same purpose.	11309

Notwithstanding division (B) of section 127.14 of the Revised	11310
Code, all capital appropriations and reappropriations from the	11311
Local Transportation Improvement Program Fund (Fund 7052) in this	11312
act remaining unencumbered as of June 30, 2010, are	11313
reappropriated for use during the period July 1, 2010, through	11314
June 30, 2011, for the same purposes, subject to the availability	11315
of revenue as determined by the Director of the Public Works	11316
Commission.	11317

Section 301.10. For all appropriations made in Sections	11318
303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 317.10, 318.10,	11319
319.10, 321.10, and 325.10 of this act, those in the first column	11320
are for fiscal year 2008 and those in the second column are for	11321
fiscal year 2009. The appropriations made in these sections are in	11322
addition to any other appropriations made for fiscal years 2008	11323
and 2009.	11324

Section 303.10. The federal payments made to the state for	11325
the nutrition program under Title VIII of Division A of the	11326
American Recovery and Reinvestment Act of 2009 shall be deposited	11327
to the credit of the Federal Supportive Services Fund (Fund	11328
3M40).	11329

The federal payments made to the state for the senior	11330
community service employment program under Title VIII of Division	11331
A of the American Recovery and Reinvestment Act of 2009 shall be	11332
deposited to the credit of the Federal Aging Grants Fund (Fund	11333
3220).	11334

The items in this section are appropriated as designated	11335
out of any moneys in the state treasury to the credit of their	11336
respective funds that are not otherwise appropriated.	11337

Appropriations

AGE DEPARTMENT OF AGING	11338

Federal Special Revenue Fund Group	11339

3220	490618	Federal Aging Grants	$	$	1,035,934	11340
3M40	490612	Federal Supportive Services	$	$	2,991,000	11341
TOTAL FED Federal Special Revenue Fund Group			$	$	4,026,934	11342
TOTAL ALL BUDGET FUND GROUPS			$	$	4,026,934	11343

The foregoing appropriation items 490618, Federal Aging	11344
Grants, and 490612, Federal Supportive Services, shall be used in	11345
accordance with the requirements of the American Recovery and	11346
Reinvestment Act of 2009 that apply to the money appropriated.	11347

Section 305.10. The federal payments made to the state for	11348
crime victims assistance grants under Title II of Division A of	11349
the American Recovery and Reinvestment Act of 2009 shall be	11350
deposited to the credit of the Crime Victims Assistance Fund (Fund	11351
3830).	11352

The federal payments made to the state for crime victims	11353
compensation under Title II of Division A of the American Recovery	11354
and Reinvestment Act of 2009 shall be deposited to the credit of	11355
the Reparations Fund (Fund 4020).	11356

The items in this section are appropriated as designated	11357
out of any moneys in the state treasury to the credit of their	11358
respective funds that are not otherwise appropriated.	11359

Appropriations

AGO ATTORNEY GENERAL	11360

Federal Special Revenue Fund Group	11361

3830	055634		Crime Victims Assistance		$	0		$	1,271,000		11362
TOTAL FED Federal Special Revenue Fund Group					$	0		$	1,271,000		11363

State Special Revenue Fund Group	11364

4020	055616	Victims of Crime	$	$	2,061,000	11365
TOTAL SSR State Special Revenue Fund Group			$	$	2,061,000	11366
TOTAL ALL BUDGET FUND GROUPS			$	$	3,332,000	11367

The foregoing appropriation items 055634, Crime Victims	11368
Assistance, and 055616, Victims of Crime, shall be used in	11369
accordance with the requirements of the American Recovery and	11370
Reinvestment Act of 2009 that apply to the money appropriated.	11371

Section 307.10. The federal payments made to the state for	11372
the Leaking Underground Storage Tank Program under Title VII of	11373
Division A of the American Recovery and Reinvestment Act of 2009	11374
shall be deposited to the credit of the Federal Stimulus -	11375
Underground Storage Tank Fund (Fund 3DF0).	11376

The item in this section is appropriated as designated out	11377
of any moneys in the state treasury to the credit of Fund 3DF0	11378
that are not otherwise appropriated.	11379

Appropriations

COM DEPARTMENT OF COMMERCE	11380

Federal Special Revenue Fund Group	11381

3DF0	800606	Federal Stimulus - Underground Storage Tank	$	$	10,000,000	11382
TOTAL FED Federal Special Revenue Fund Group			$	$	10,000,000	11383
TOTAL ALL BUDGET FUND GROUPS			$	$	10,000,000	11384

The foregoing appropriation item 800606, Federal Stimulus -	11385
Underground Storage Tank, shall be used in accordance with the	11386
requirements of the American Recovery and Reinvestment Act of	11387
2009 that apply to the money appropriated.	11388

Section 309.10. The federal payments made to the state for	11389
the Weatherization Assistance Program and the State Energy Grant	11390
Program under Title IV of Division A of the American Recovery	11391
and Reinvestment Act of 2009 shall be deposited to the credit	11392
of the Federal Special Revenue Fund (Fund 3080).	11393

The federal payments made to the state for the Energy Star	11394
Rebate Program under the American Recovery and Reinvestment Act	11395
of 2009 shall be deposited to the credit of the Energy Star	11396
Rebate Program Fund (Fund 3DA0), which is hereby created in the	11397
state treasury.	11398

The federal payments made to the state for the Energy	11399
Efficiency and Conservation Block Grants Program under Title IV of	11400
Division A of the American Recovery and Reinvestment Act of 2009	11401
shall be deposited to the credit of the Energy Efficiency and	11402
Conservation Block Grants Fund (Fund 3DB0), which is hereby	11403
created in the state treasury.	11404

The federal payments made to the state for the Community	11405
Development Block Grant program under Title XII of Division A of	11406
the American Recovery and Reinvestment Act of 2009 shall be	11407
deposited to the credit of the Community Development Block Grant	11408
Fund (Fund 3K80).	11409

The federal payments made to the state for community	11410
services block grants under Title XII of Division A of the	11411
American Recovery and Reinvestment Act of 2009 shall be deposited	11412
to the credit of the Community Services Block Grant Fund (Fund	11413
3L00).	11414

The federal payments made to the state for the Home	11415
Investment Partnerships Program under Title XII of Division A of	11416
the American Recovery and Reinvestment Act of 2009 shall be	11417
deposited to the credit of the HOME Program Fund (Fund 3V10).	11418

The items in this division are appropriated as designated	11419
out of any moneys in the state treasury to the credit of their	11420
respective funds that are not otherwise appropriated.	11421

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	11422

Federal Special Revenue Fund Group	11423

3080	195603	Housing and Urban Development	$	$	26,205,724	11424
3080	195605	Federal Projects	$	$	266,781,409	11425
3080	195618	Energy Federal Grants	$	$	96,083,000	11426
3DA0	195632	Federal Stimulus - Energy Star Rebate Program	$	$	11,000,000	11427
3DB0	195642	Federal Stimulus - Energy Efficiency and Conservation Block Grants	$	$	21,000,000	11428
3K80	195613	Community Development Block Grant	$	$	12,957,527	11429
3L00	195612	Community Services Block Grant	$	$	38,979,000	11430
3V10	195601	HOME Program	$	$	83,484,547	11431
TOTAL FED Federal Special Revenue Fund Group			$	$	556,491,207	11432
TOTAL ALL BUDGET FUND GROUPS			$	$	556,491,207	11433

The foregoing appropriation item 195605, Federal Projects,	11434
shall be used to carry out the Home Weatherization Assistance	11435
Program, subject to any requirements of the American Recovery and	11436
Reinvestment Act of 2009 that apply to the money appropriated.	11437

The foregoing appropriation items 195603, Housing and Urban	11438
Development, 195618, Energy Federal Grants, 195613, Community	11439
Development Block Grant, 195612, Community Services Block Grant,	11440
195601, HOME Program, 195632, Federal Stimulus - Energy Star	11441
Rebate Program, and 195642, Federal Stimulus - Energy Efficiency	11442
and Conservation Block Grants, shall be used in accordance with	11443
the requirements of the American Recovery and Reinvestment Act of	11444
2009 that apply to the money appropriated.	11445

Section 311.10. The federal payments made to the state for	11446
the national school lunch program under Title VIII of Division A	11447
of the American Recovery and Reinvestment Act of 2009 shall be	11448
deposited to the credit of the Federal Stimulus School Cafeteria	11449
Equipment Fund (Fund 3DC0), which is hereby created in the state	11450
treasury.	11451

The federal payments made to the state for the	11452
McKinney-Vento Homeless Assistance Act under Title VIII of	11453
Division A of the American Recovery and Reinvestment Act of	11454
2009 shall be deposited to the credit of the Federal Stimulus	11455
McKinney-Vento Grant Fund (Fund 3DG0), which is hereby created in	11456
the state treasury.	11457

The federal payments to the state for the education	11458
technology program under Title VIII of division A of the American	11459
Recovery and Reinvestment Act of 2009 shall be deposited to the	11460
credit of the Technology Literacy Transfer Fund (Fund 3S20).	11461

The items in this section are appropriated as designated	11462
out of any moneys in the state treasury to the credit of their	11463
respective funds that are not otherwise appropriated.	11464

Appropriations

EDU DEPARTMENT OF EDUCATION	11465

Federal Special Revenue Fund Group	11466

3DC0	200625	Federal Stimulus – School Lunch Cafeteria Equipment	$	$	3,107,000	11467
3DG0	200630	Federal Stimulus – McKinney-Vento Grants	$	$	1,384,000	11468
3S20	200641	Education Technology	$	$	23,902,000	11469
TOTAL FED Federal Special Revenue Fund Group			$	$	28,393,000	11470

The foregoing appropriation items 200625, Federal Stimulus –	11471
School Lunch Cafeteria Equipment, and 200630, Federal Stimulus –	11472
McKinney-Vento Grants, shall be used in accordance with the	11473
requirements of the American Recovery and Reinvestment Act of 2009	11474
that apply to the money appropriated.	11475

Of the foregoing appropriation item 200641, Education	11476
Technology, up to $11,591,000 shall be used to award competitive	11477
grants to Title I eligible schools and districts under the	11478
Twenty-First Century Learning Environments Technology Grant	11479
Program. The remainder of the appropriation shall be distributed	11480
to Title I eligible schools on a formula basis as required by	11481
federal regulations. Up to five per cent of the appropriated funds	11482
may be retained to develop state activities consistent with the	11483
goals in this section and to administer the Twenty-First Century	11484
Learning Environments Technology Grant Program.	11485

Section 313.10. The federal payments made to the state for	11486
clean air under Title VII of Division A of the American	11487
Recovery and Reinvestment Act of 2009 shall be deposited to the	11488
credit of the Clean Air Fund (Fund 4K20).	11489

The item in this section is appropriated as designated out	11490
of any moneys in the state treasury to the credit of Fund 4K20	11491
that are not otherwise appropriated.	11492

Appropriations

EPA ENVIRONMENTAL PROTECTION AGENCY	11493

State Special Revenue Fund Group	11494

4K20	715648	Clean Air Non-Title V	$	$	1,700,000	11495
TOTAL SSR State Special Revenue Fund Group			$	$	1,700,000	11496
TOTAL ALL BUDGET FUND GROUPS			$	$	1,700,000	11497

The foregoing appropriation item 715648, Clean Air Non-Title	11498
V, shall be used in accordance with the requirements of the	11499
American Recovery and Reinvestment Act of 2009 that apply to the	11500
money appropriated.	11501

Section 315.20. (A) The Department of Education shall develop	11502
and implement the Twenty-First Century Learning Environments	11503
Technology Grant Program. Under the program, the Department, in	11504
consultation with the eTech Ohio Commission, shall award	11505
competitive grants to school districts for the purchase or lease	11506
of technology hardware, software, training, and support packages	11507
(education solution packages) that meet the specifications	11508
developed jointly by the Department and the Commission.	11509
Twenty-five per cent of any grant award shall be used for	11510
professional development that focuses on utilizing digital	11511
environments to enable new teaching methods, such as	11512
individualizing instruction and project-based learning. This	11513
professional development shall include at least one component of	11514
training in the classroom. The Department shall limit the number	11515
of grants so that each grant recipient receives an amount that is	11516
sufficient to create large-scale learning environment changes that	11517
facilitate the goals expressed in division (D) of this section.	11518
The Department shall award grants in a manner that ensures	11519
diversity among grant recipients according to geographical	11520
regions, economic scale, and school district size.	11521

(B) The Department and the Commission shall develop	11522
specifications for education solution packages that may be	11523
purchased or leased by school districts with a grant awarded under	11524
this section. The specifications shall include at least the	11525
following components:	11526

(1) Hardware and software, including wireless laptop	11527
computers, for creating content, project-based learning, and	11528
student-centered collaborative learning practices;	11529

(2) Access to digital content through a statewide content	11530
repository;	11531

(3) Professional development that is supported by the	11532
integration of technology;	11533

(4) Technical support.

11534

(C) A school district that receives a grant award under this	11535
section may combine the funds under that award with other federal,	11536
state, or local funds to purchase or lease education solution	11537
packages that meet the specifications developed under division (B)	11538
of this section.	11539

The Department and the Commission shall assist schools and	11540
districts that do not receive grant awards under this section in	11541
applying those specifications to purchase or lease education	11542
solution packages using other federal, state, and local funds.	11543

(D) The goals of the Twenty-First Century Learning	11544
Environments Technology Grant Program are:	11545

(1) To facilitate innovative teaching and learning strategies	11546
that help accelerate achievement in core academic subject areas;	11547

(2) To help students develop twenty-first century skills	11548
including critical thinking and problem solving, communication and	11549
collaboration, media literacy, leadership and productivity,	11550
adaptability and accountability;	11551

(3) To demonstrate ways for schools to invest in learning	11552
environments that improve academic effectiveness and efficiencies,	11553
including ways for schools to use a portion of their base funding	11554
to invest in appropriate digital environments that enable proven	11555
practices;	11556

(4) To demonstrate ways that mobile technology can extend	11557
learning time, improve academic engagement, and accelerate	11558
achievement for low-performing students;	11559

(5) To demonstrate ways in which technology can enable	11560
innovative teaching formats, including project-based learning,	11561
interdisciplinary methods, relevance, and community service	11562
learning that lead to improved academic achievement;	11563

(6) To demonstrate how teachers and students can create and	11564
access multimedia content that is shared utilizing the "Ohio on	11565
iTunes U" web site and other online distribution mechanisms.	11566

Section 317.10. (A) The federal payments made to the state	11567
for the Immunization Program under Title VIII of Division A of	11568
the American Recovery and Reinvestment Act of 2009 shall be	11569
deposited to the credit of the Preventive Health Block Grant	11570
Fund (Fund 3870).	11571

(B) The federal payments made to the state for the Special	11572
Supplemental Nutrition Program under Title VIII of Division A of	11573
the American Recovery and Reinvestment Act of 2009 shall be	11574
deposited to the credit of the Women, Infants, and Children Fund	11575
(Fund 3890).	11576

(C) The federal payments made to the state for the IDEA –	11577
Infants and Children Program under Title VIII of Division A of the	11578
American Recovery and Reinvestment Act of 2009 shall be deposited	11579
to the credit of the General Operations Fund (Fund 3920).	11580

(D) The items in this section are appropriated as designated	11581
out of any moneys in the state treasury to the credit of their	11582
respective funds that are not otherwise appropriated.	11583

Appropriations

DOH DEPARTMENT OF HEALTH	11584

Federal Special Revenue Fund Group	11585

3890	440604	Women, Infants, and Children	$	$	2,000,000	11586
3920	440618	Federal Public Health Programs	$	$	14,410,000	11587
TOTAL FED Federal Special Revenue Fund Group			$	$	16,410,000	11588
TOTAL ALL BUDGET FUND GROUPS			$	$	16,410,000	11589

The foregoing appropriation items 440604, Women, Infants,	11590
and Children, and 440618, Federal Public Health Programs, shall be	11591
used in accordance with the requirements of the American	11592
Recovery and Reinvestment Act of 2009 that apply to the money	11593
appropriated.	11594

Section 318.10. All items in this section are hereby	11595
appropriated as designated out of any moneys in the state treasury	11596
to the credit of the Deputy Inspector General for Funds Received	11597
through the American Recovery and Reinvestment Act of 2009 Fund	11598
(Fund 5GI0).	11599

Appropriations

IGO OFFICE OF THE INSPECTOR GENERAL	11600

General Services Fund Group	11601

5GI0	965605	Deputy Inspector General for ARRA	$	$	150,000	11602
TOTAL GSF General Services Fund Group			$	$	150,000	11603
TOTAL ALL BUDGET FUND GROUPS			$	$	150,000	11604

The foregoing appropriation item 965605, Deputy Inspector	11605
General for ARRA, shall be used to pay the operating expenses	11606
incurred by the Deputy Inspector General for Funds Received	11607
through the American Recovery and Reinvestment Act of 2009 in	11608
performing the duties specified in section 121.53 of the Revised	11609
Code.	11610

There is established in appropriation item 965605, Deputy	11611
Inspector General for ARRA, an appropriation of $450,000 in fiscal	11612
year 2010 and of $600,000 in fiscal year 2011 to pay the operating	11613
expenses incurred by the Deputy Inspector General for Funds	11614
Received through the American Recovery and Reinvestment Act of	11615
2009 in performing the duties specified in section 121.53 of the	11616
Revised Code. Any unencumbered and unexpended appropriations	11617
remaining on June 30, 2010, are reappropriated for the same	11618
purposes in fiscal year 2011.	11619

Section 319.10. (A) The federal payments made to the state	11620
for the Supplemental Nutrition Assistance Program under Title VIII	11621
of Division A of the American Recovery and Reinvestment Act of	11622
2009 shall be deposited to the credit of the Food Stamps and State	11623
Administration Fund (Fund 3840).	11624

(B) The federal payments to the state for the Foster	11625
Care/Adoption Program under Title VIII of Division A of the	11626
American Recovery and Reinvestment Act of 2009 not otherwise	11627
designated in this act shall be deposited to the credit of the	11628
Title IV-E Foster Care/Adoption Maintenance Fund (Fund 3980).	11629

(C) The federal payments made to the state for the Commodity	11630
Assistance Program under Title VIII of Division A of the American	11631
Recovery and Reinvestment Act of 2009 shall be deposited to the	11632
credit of the Emergency Food Distribution Fund (Fund 3A20).	11633

(D) The federal payments made to the state for the Foster	11634
Care/Adoption Program under Title VIII of Division A of the	11635
American Recovery and Reinvestment Act of 2009 shall be deposited	11636
to the credit of the IV-E Foster Care Maintenance/Pass Through	11637
Fund (Fund 3N00).	11638

(E) The federal payments to the state for the Workforce	11639
Investment Act program under Title VIII of Division A of the	11640
American Recovery and Reinvestment Act of 2009 shall be deposited	11641
to the credit of the Workforce Investment Act Fund (Fund 3V00).	11642

(F) The federal payments made to the state for the	11643
Unemployment Insurance Program under Title VIII of Division A of	11644
the American Recovery and Reinvestment Act of 2009 shall be	11645
deposited to the credit of the Federal Unemployment Programs Fund	11646
(Fund 3V40).	11647

(G) The items in this section are appropriated as designated	11648
out of any moneys in the state treasury to the credit of their	11649
respective funds that are not otherwise appropriated.	11650

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES	11651

Federal Special Revenue Fund Group	11652

3840	600610	Food Assistance and State Administration	$	$	5,517,986	11653
3980	600627	Adoption Maintenance/Administration	$	$	8,436,803	11654
3A20	600641	Emergency Food Distribution	$	$	4,983,222	11655
3N00	600628	IV-E Foster Care Maintenance	$	$	12,411,714	11656
3V00	600688	Workforce Investment Act	$	$	110,000,000	11657
3V40	600678	Federal Unemployment Programs	$	$	39,800,000	11658
TOTAL FED Federal Special Revenue Fund Group			$	$	181,149,725	11659
TOTAL ALL BUDGET FUND GROUPS			$	$	181,149,725	11660

The foregoing appropriation items 600610, Food Assistance and	11661
State Administration, 600627, Adoption Maintenance/Administration,	11662
600641, Emergency Food Distribution, 600628, IV-E Foster Care	11663
Maintenance, 600688, Workforce Investment Act, and 600678, Federal	11664
Unemployment Programs, shall be used in accordance with the	11665
requirements of the American Recovery and Reinvestment Act of	11666
2009 that apply to the money appropriated.	11667

Section 321.10. The federal payments made to the state for	11668
the Vocational Rehabilitation Program under Title VIII of	11669
Division A of the American Recovery and Reinvestment Act of 2009	11670
shall be deposited to the credit of the Consolidated Federal Fund	11671
(Fund 3790).	11672

The federal payments made to the state for the Independent	11673
Living Program under Title VIII of Division A of the American	11674
Recovery and Reinvestment Act of 2009 shall be deposited to the	11675
credit of the Independent Living/Vocational Rehabilitation Fund	11676
(Fund 3L40).	11677

The items in this section are appropriated as designated	11678
out of any moneys in the state treasury to the credit of their	11679
respective funds that are not otherwise appropriated.	11680

Appropriations

RSC REHABILITATION SERVICES COMMISSION	11681

Federal Special Revenue Fund Group	11682

3790	415616	Federal - Vocational Rehabilitation	$	$	21,590,000	11683
3L40	415612	Federal Independent Living Centers or Services	$	$	509,000	11684
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	$	1,392,958	11685
TOTAL FED Federal Special Revenue Fund Group			$	$	23,491,958	11686
TOTAL ALL BUDGET FUND GROUPS			$	$	23,491,958	11687

The foregoing appropriation items 415616, Federal –	11688
Vocational Rehabilitation, 415612, Federal Independent Living	11689
Centers or Services, and 415617, Independent Living/Vocational	11690
Rehabilitation Programs, shall be used in accordance with the	11691
requirements of the American Recovery and Reinvestment Act of 2009	11692
that apply to the money appropriated.	11693

Section 323.10. Expenditures from the appropriations made in	11694
Sections 303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 317.10,	11695
319.10, 321.10, and 325.10 of this act shall be accounted for	11696
as though made in the relevant main operating appropriations	11697
act. The appropriations made in this division are subject to all	11698
provisions of the relevant main operating appropriations act that	11699
are generally applicable to the appropriations.	11700

Section 325.05. The federal payments made to the state for	11701
justice programs under Title II of Division A of the American	11702
Recovery and Reinvestment Act of 2009 shall be deposited to the	11703
credit of the Federal Stimulus - Justice Programs Fund (Fund	11704
3DH0).	11705

The item in this section is hereby appropriated as designated	11706
out of any moneys in the state treasury to the credit of Fund	11707
3DH0.	11708

Appropriations

DPS DEPARTMENT OF PUBLIC SAFETY	11709

Federal Special Revenue Fund Group	11710

3DH0	768613	Federal Stimulus - Justice Programs	$	$	4,604,597	11711
TOTAL	FED	Federal Special Revenue Fund Group	$	$	4,604,597	11712
TOTAL ALL BUDGET FUND GROUPS			$	$	4,604,597	11713

The foregoing appropriation item 768613, Federal Stimulus –	11714
Justice Programs, shall be used in accordance with the	11715
requirements of the American Recovery and Reinvestment Act of 2009	11716
that apply to the money appropriated.	11717

Section 325.10. The federal payments made to the state for	11718
highway infrastructure under Title XII of Division A of the	11719
American Recovery and Reinvestment Act of 2009 shall be deposited	11720
to the credit of the Highway Operating Fund (Fund 7002), which is	11721
created in section 5735.291 of the Revised Code.	11722

The federal payments made to the state for transit agencies	11723
under Title XII of Division A of the American Recovery and	11724
Reinvestment Act of 2009 shall be deposited to the credit of the	11725
Highway Operating Fund (Fund 7002).	11726

The items in this division are appropriated as designated	11727
out of any moneys in the state treasury to the credit of their	11728
respective funds that are not otherwise appropriated.	11729

Appropriations

DOT DEPARTMENT OF TRANSPORTATION	11730

Highway Operating Fund Group	11731

7002	772422	Highway Construction – Federal	$	$	935,677,000	11732
7002	775463	Federal Stimulus - Transit	$	$	167,036,000	11733
TOTAL HOF Highway Operating Fund Group			$	$	1,102,713,000	11734
TOTAL ALL BUDGET FUND GROUPS			$	$	1,102,713,000	11735

TRANSFER OF APPROPRIATIONS

11736

The Director of Budget and Management may approve written	11737
requests from the Director of Transportation for the transfer of	11738
appropriations between appropriation items 771412, Planning and	11739
Research – Federal, 772422, Highway Construction - Federal,	11740
772424, Highway Construction – Other, 775452, Public	11741
Transportation - Federal, 776462, Grade Crossing - Federal, and	11742
777472, Airport Improvements - Federal, based upon the	11743
requirements of the American Recovery and Reinvestment Act of 2009	11744
that apply to the money appropriated. The transfers shall be	11745
reported to the Controlling Board at its next regularly scheduled	11746
meeting.	11747

Section 325.20. Expenditures from appropriations made in	11748
Sections 325.05 and 325.10 shall be accounted for as though	11749
made in Am. Sub. H.B. 67 of the 127th General Assembly.	11750
However, law contained in the relevant operating	11751
appropriations act that is generally applicable to the	11752
appropriations made in that act also is generally applicable to	11753
the appropriations made in Sections 325.05 and 325.10 of this act.	11754

Section 327.10. The unexpended, unencumbered portions of the	11755
appropriation items made in Sections 303.10, 305.10, 307.10,	11756
309.10, 311.10, 313.10, 317.10, 318.10, 319.10, 321.10, 325.05,	11757
and 325.10 at the end of fiscal year 2009 are hereby	11758
reappropriated for the same purposes for fiscal year 2010.	11759

Section 503.20. PASSENGER RAIL

11760

The Ohio Rail Development Commission or the Director of	11761
Transportation may apply for federal funds for passenger rail made	11762
available through the American Recovery and Reinvestment Act of	11763
2009.	11764

Section 509.10. AUTHORIZATION FOR OHIO BUILDING AUTHORITY AND	11765
OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	11766

The Director of Budget and Management shall initiate and	11767
process payments from lease rental payment appropriation items	11768
during the period from July 1, 2009, to June 30, 2011, pursuant to	11769
the lease agreements for bonds or notes issued under Section 2i of	11770
Article VIII of the Ohio Constitution and Chapter 152. of the	11771
Revised Code. Payments shall be made upon certification by the	11772
Ohio Building Authority of the dates and amounts due on those	11773
dates.	11774

Section 509.20. LEASE PAYMENTS TO OBA AND TREASURER

11775

Certain appropriations are in this act for the purpose of	11776
lease payments to the Ohio Building Authority or to the Treasurer	11777
of State under leases and agreements relating to bonds or notes	11778
issued by the Ohio Building Authority or the Treasurer of State	11779
under the Ohio Constitution and acts of the General Assembly. If	11780
it is determined that additional appropriations are necessary for	11781
this purpose, such amounts are hereby appropriated.	11782

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	11783
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	11784

Upon the request of the Director of Transportation, the	11785
Director of Budget and Management may transfer cash from the	11786
Highway Operating Fund (Fund 7002) to the Highway Capital	11787
Improvement Fund (Fund 7042) created in section 5528.53 of the	11788
Revised Code. The Director of Budget and Management may transfer	11789
from Fund 7042 to Fund 7002 up to the amounts previously	11790
transferred to Fund 7042 under this section.	11791

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

11792

The Director of Budget and Management shall transfer cash in	11793
equal monthly increments totaling $183,493,000 in each fiscal year	11794
of the 2010-2011 biennium from the Highway Operating Fund, created	11795
in section 5735.291 of the Revised Code, to the Gasoline Excise	11796
Tax Fund created in division (A) of section 5735.27 of the Revised	11797
Code. The monthly amounts transferred under this section shall be	11798
distributed as follows: 42.86 per cent shall be distributed among	11799
the municipal corporations within the state under division (A)(2)	11800
of section 5735.27 of the Revised Code; 37.14 per cent shall be	11801
distributed among the counties within the state under division	11802
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent	11803
shall be distributed among the townships within the state under	11804
division (A)(5)(b) of section 5735.27 of the Revised Code.	11805

Section 512.30. LOCAL TRANSPORTATION IMPROVEMENT PROGRAM

11806

The Director of Budget and Management is authorized, upon	11807
written request of the Director of the Public Works Commission, to	11808
make periodic transfers of cash from the Highway Operating Fund	11809
created in section 5735.291 of the Revised Code to the Local	11810
Transportation Improvement Program Fund created in section 164.14	11811
of the Revised Code. These periodic transfers must total	11812
$100,000,000 in fiscal year 2010 and $100,000,000 in fiscal year	11813
2011 and are intended to fulfill the purposes of Section 18 of Am.	11814
Sub. H.B. 554 of the 127th General Assembly.	11815

Section 512.35. CASH TRANSFERS FROM CERTAIN STATE BOND FUNDS

11816

Notwithstanding any provision of law to the contrary, by June	11817
15, 2010, and June 15, 2011, or as soon as possible thereafter,	11818
respectively, the Director of Budget and Management shall	11819
determine for fiscal years 2010 and 2011, respectively, the amount	11820
of "net interest earnings" credited to each state bond fund for	11821
which debt service on the associated bonds is payable from the	11822
General Revenue Fund. For purposes of this section, "net interest	11823
earnings" is the amount of interest earnings credited to a bond	11824
fund in a fiscal year in excess of the amounts needed to (1)	11825
satisfy appropriations or transfers from that bond fund to support	11826
the administration of the capital projects in that fiscal year and	11827
(2) be set aside for or used to make tax compliance payments as	11828
provided in division (D) of section 133.02 of the Revised Code.	11829
The Director shall transfer from those net interest earnings first	11830
to the Highway Operating Fund (Fund 7002) in any amount needed to	11831
reimburse Fund 7002 for debt service payments in connection with	11832
obligations issued to fulfill the purposes of Section 18 of Am.	11833
Sub. H.B. 554 of the 127th General Assembly, with any remaining	11834
amounts of those net interest earnings being transferred by the	11835
Director to the General Revenue Fund.	11836

Section 512.40. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

11837

On July 1, 2009, and on January 1, 2010, respectively, or as	11838
soon as possible thereafter, the Director of Budget and	11839
Management shall transfer $200,000 in cash, for each period, from	11840
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	11841
General for ODOT Fund (Fund 5FA0).	11842

On July 1, 2010, and on January 1, 2011, or as soon as	11843
possible thereafter, respectively, the Director of Budget and	11844
Management shall transfer $200,000 in cash, for each period, from	11845
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	11846
General for ODOT Fund (Fund 5FA0).	11847

Should additional amounts be necessary, the Inspector	11848
General, with the consent of the Director of Budget and	11849
Management, may seek Controlling Board approval for additional	11850
transfers of cash and to increase the amount appropriated from	11851
appropriation item 965603, Deputy Inspector General for ODOT, in	11852
the amount of the additional transfers.	11853

Section 512.41. DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED	11854
THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009	11855

On the effective date of this section, and on July 1, 2009,	11856
or as soon as possible thereafter, respectively, the Director of	11857
Budget and Management shall transfer $150,000 in cash, for each	11858
period, from the General Revenue Fund to the Deputy Inspector	11859
General for Funds Received through the American Recovery and	11860
Reinvestment Act of 2009 Fund (Fund 5GI0), which is created in	11861
section 121.53 of the Revised Code.	11862

On January 1, 2010, July 1, 2010, and January 1, 2011, or as	11863
soon as possible thereafter, respectively, the Director of	11864
Budget and Management shall transfer $300,000 in cash, for each	11865
period, from the General Revenue Fund to the Deputy Inspector	11866
General for Funds Received through the American Recovery and	11867
Reinvestment Act of 2009 Fund (Fund 5GI0).	11868

Section 512.43. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

11869

There is established in the Highway Operating Fund (Fund	11870
7002) in the Department of Transportation a Diesel Emissions	11871
Reduction Grant Program. The Director of Development shall	11872
administer the program and shall solicit, evaluate, score, and	11873
select projects submitted by public entities, small business	11874
concerns as the concerns are defined in 13 C.F.R. 121, as amended,	11875
and disadvantaged business enterprises as they are defined in 49	11876
C.F.R. 26 that are eligible for the federal Congestion Mitigation	11877
and Air Quality (CMAQ) Program. The Director of Transportation	11878
shall process Federal Highway Administration-approved projects as	11879
recommended by the Director of Development.	11880

In addition to the allowable expenditures set forth in	11881
section 122.861 of the Revised Code, Diesel Emissions Reduction	11882
Grant Program funds also may be used to fund projects involving	11883
the purchase or use of hybrid and alternative fuel vehicles that	11884
are allowed under guidance developed by the Federal Highway	11885
Administration for the CMAQ Program.	11886

Public entities eligible to receive funds under section	11887
122.861 of the Revised Code and CMAQ shall be reimbursed from the	11888
Department of Transportation's Diesel Emissions Reduction Grant	11889
Program.	11890

Small business concerns and disadvantaged business	11891
enterprises eligible to receive funds under section 122.861 of the	11892
Revised Code and CMAQ shall be reimbursed through transfers of	11893
cash from the Department of Transportation's Diesel Emissions	11894
Reduction Grant Program to the Diesel Emissions Reduction Grant	11895
Fund (Fund 3BD0) used by the Department of Development. Total	11896
expenditures between both the Departments of Development and	11897
Transportation shall not exceed the amounts appropriated in this	11898
section.	11899

Appropriation item 195697, Diesel Emissions Reduction Grants,	11900
is established with an appropriation of $20,000,000 for fiscal	11901
year 2010.	11902

On or before June 30, 2010, any unencumbered balance of the	11903
foregoing appropriation item 195697, Diesel Emissions Reduction	11904
Grants, for fiscal year 2010 is appropriated for the same purposes	11905
in fiscal year 2011.	11906

Any cash transfers or allocations under this section	11907
represent CMAQ program moneys within the Department of	11908
Transportation for use by the Diesel Emissions Reduction Grant	11909
Program by the Department of Development. These allocations shall	11910
not reduce the amount of such moneys designated for metropolitan	11911
planning organizations.	11912

The Director of Development, in consultation with the	11913
Directors of Environmental Protection and Transportation, shall	11914
develop guidance for the distribution of funds and for the	11915
administration of the Diesel Emissions Reduction Grant Program.	11916
The guidance shall include a method of prioritization for	11917
projects, acceptable technologies, and procedures for awarding	11918
grants.	11919

Section 512.50. CASH TRANSFER TO GRF

11920

On July 1, 2009, or as soon as possible thereafter, the	11921
Director of Budget and Management shall transfer the cash balances	11922
of the ODOT Memorial Fund (Fund 4T50) and the Transportation	11923
Building Fund (Fund 7029), as of June 30, 2009, to the General	11924
Revenue Fund. Upon completion of the transfers, Funds 4T50 and	11925
7029 are abolished.	11926

Section 512.60. TRANSFER FROM STATE FIRE MARSHAL FUND TO EMA	11927
SERVICE AND REIMBURSEMENT FUND	11928

On July 1 of each fiscal year, or as soon as possible	11929
thereafter, the Director of Budget and Management shall transfer	11930
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	11931
the EMA Service and Reimbursement Fund (Fund 4V30) to be	11932
distributed to the Ohio Task Force One-Urban Search and Rescue	11933
Unit and other urban search and rescue programs around the state.	11934

Section 521.10. The federal payments that are made to the	11935
state from the Clean Water State Revolving Fund pursuant to Title	11936
VIII of the American Recovery and Reinvestment Act of 2009 shall	11937
be credited to the Water Pollution Control Loan Fund created in	11938
section 6111.036 of the Revised Code. Notwithstanding the	11939
requirements of section 6111.036 of the Revised Code, money	11940
credited to the Fund under this section shall be used and	11941
administered to provide financial assistance in any manner that is	11942
consistent with the requirements of the Federal Water Pollution	11943
Control Act or the American Recovery and Reinvestment Act of 2009.	11944

Notwithstanding the requirements of section 6111.036 of the	11945
Revised Code, rules adopted under it, and Chapter 3745-47 of the	11946
Administrative Code, the Director of Environmental Protection, for	11947
the purpose of obtaining federal payments pursuant to Title VIII	11948
of the American Recovery and Reinvestment Act of 2009, may impose	11949
alternative public comment procedures for the draft intended use	11950
plan, including alternative time frames for public notice and	11951
comment and the frequency of public meetings.	11952

Section 521.20. The federal payments that are made to the	11953
state from the Drinking Water State Revolving Fund pursuant to	11954
Title VIII of the American Recovery and Reinvestment Act of 2009	11955
shall be credited to the Drinking Water Assistance Fund created in	11956
section 6109.22 of the Revised Code. Notwithstanding the	11957
requirements of section 6109.22 of the Revised Code, money	11958
credited to the Fund under this section shall be used and	11959
administered to provide financial assistance in any manner that is	11960
consistent with the requirements of the Safe Drinking Water Act or	11961
the American Recovery and Reinvestment Act of 2009.	11962

Notwithstanding the requirements of section 6109.22 of the	11963
Revised Code, rules adopted under it, and Chapter 3745-47 of the	11964
Administrative Code, the Director of Environmental Protection, for	11965
the purpose of obtaining federal payments pursuant to Title VIII	11966
of the American Recovery and Reinvestment Act of 2009, may impose	11967
alternative public comment procedures for the draft intended use	11968
plan, including alternative time frames for public notice and	11969
comment and the frequency of public meetings.	11970

Section 521.30. To the extent permitted by federal law,	11971
federal money received by the state for fiscal stabilization and	11972
recovery purposes shall be used in accordance with the	11973
preferences for products and services made or performed in the	11974
United States and Ohio established in section 125.09 of the	11975
Revised Code.	11976

Section 610.10. That Section 229.10 of Am. Sub. H.B. 67 of	11977
the 127th General Assembly, as amended by Am. Sub. H.B. 554 of	11978
the 127th General Assembly, be amended to read as follows:	11979

Sec. 229.10. PWC PUBLIC WORKS COMMISSION

11980

Local Transportation Improvements Fund Group	11981

052	150-402	Local Transportation Improvement Program - Operating	$	291,537	$	306,178	11982
052	150-701	Local Transportation Improvement Program	$	67,500,000	$	267,500,000	11983
TOTAL 052 Local Transportation							11984
Improvements Fund Group			$	67,791,537	$	267,806,178	11985

Local Infrastructure Improvements Fund Group	11986

038	150-321	State Capital Improvements Program - Operating Expenses	$	879,237	$	918,912	11987
TOTAL LIF Local Infrastructure							11988
Improvements Fund Group			$	879,237	$	918,912	11989
TOTAL ALL BUDGET FUND GROUPS			$	68,670,774	$	268,725,090	11990

~~CASH TRANSFER FROM THE BUDGET STABILIZATION FUND~~

11991

~~the Director of Budget and Management shall transfer~~	11992
~~$200,000,000 in cash from the Budget Stabilization Fund to the~~	11993
~~Local Transportation Improvement Program Fund created in section~~	11994
~~164.14 of the Revised Code.~~	11995

DISTRICT ADMINISTRATION COSTS

11996

The Director of the Public Works Commission is authorized to	11997
create a District Administration Costs Program from interest	11998
earnings of the Capital Improvements Fund and Local Transportation	11999
Improvement Program Fund proceeds. The program shall be used to	12000
provide for the direct costs of district administration of the	12001
nineteen public works districts. Districts choosing to participate	12002
in the program shall only expend Capital Improvements Fund moneys	12003
for Capital Improvements Fund costs and Local Transportation	12004
Improvement Program Fund moneys for Local Transportation	12005
Improvement Program Fund costs. The account shall not exceed	12006
$1,235,000 per fiscal year. Each public works district may be	12007
eligible for up to $65,000 per fiscal year from its district	12008
allocation as provided in sections 164.08 and 164.14 of the	12009
Revised Code.	12010

The Director, by rule, shall define allowable and	12011
nonallowable costs for the purpose of the District Administration	12012
Costs Program. Nonallowable costs include indirect costs, elected	12013
official salaries and benefits, and project-specific costs. No	12014
district public works committee may participate in the District	12015
Administration Costs Program without the approval of those costs	12016
by the district public works committee under section 164.04 of the	12017
Revised Code.	12018

REAPPROPRIATIONS

12019

All capital appropriations from the Local Transportation	12020
Improvement Program Fund (Fund 052) in Am. Sub. H.B. 68 of the	12021
126th General Assembly remaining unencumbered as of June 30, 2007,	12022
are reappropriated for use during the period July 1, 2007, through	12023
June 30, 2008, for the same purpose.	12024

Notwithstanding division (B) of section 127.14 of the Revised	12025
Code, all capital appropriations and reappropriations from the	12026
Local Transportation Improvement Program Fund (Fund 052) in ~~this~~	12027
~~act~~Am. Sub. H.B. 67 of the 127th General Assembly remaining	12028
unencumbered as of June 30, 2008, are reappropriated for use	12029
during the period July 1, 2008, through June 30, 2009, for the	12030
same purposes, subject to the availability of revenue as	12031
determined by the Director of the Public Works Commission.	12032

Section 610.11. That existing Section 229.10 of Am. Sub. H.B.	12033
67 of the 127th General Assembly, as amended by Am. Sub. H.B. 554	12034
of the 127th General Assembly, is hereby repealed.	12035

Section 610.20. That Sections 217.10, 217.11, 239.10,	12036
241.10, 243.10, and 243.11 of Am. Sub. H.B. 562 of the 127th	12037
General Assembly be amended to read as follows:	12038

Sec. 217.10. The items set forth in this section are hereby	12039
appropriated out of any moneys in the state treasury to the	12040
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are	12041
not otherwise appropriated:	12042

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	12043

C19500	Clean Ohio Revitalization	$	~~32,000,000~~ 80,000,000	12044
C19501	Clean Ohio Assistance	$	~~8,000,000~~ 20,000,000	12045
Total Department of Development		$	~~40,000,000~~ 100,000,000	12046
TOTAL Clean Ohio Assistance Fund		$	~~40,000,000~~ 100,000,000	12047

Sec. 217.11. CLEAN OHIO REVITALIZATION

12049

The Treasurer of State is hereby authorized to issue and	12050
sell, in accordance with Section 2o and 2q of Article VIII, Ohio	12051
Constitution, and pursuant to sections 151.01 and 151.40 of the	12052
Revised Code, original obligations in an aggregate principal	12053
amount not to exceed ~~$40,000,000~~$100,000,000 in addition to the	12054
original issuance of obligations heretofore authorized by prior	12055
acts of the General Assembly. These authorized obligations shall	12056
be issued and sold from time to time, subject to applicable	12057
constitutional and statutory limitations, as needed to ensure	12058
sufficient moneys to the credit of the Clean Ohio Revitalization	12059
Fund (Fund 7003) to pay costs of revitalization projects.	12060

Sec. 239.10. The items set forth in this section are hereby	12061
appropriated out of any moneys in the state treasury to the	12062
credit of the Clean Ohio Conservation Fund (Fund 7056) that are	12063
not otherwise appropriated.	12064

Appropriations

PWC PUBLIC WORKS COMMISSION	12065

C15060	Clean Ohio Conservation	$	~~30,000,000~~ 75,000,000	12066
Total Public Works Commission		$	~~30,000,000~~ 75,000,000	12067
TOTAL Clean Ohio Conservation Fund		$	~~30,000,000~~ 75,000,000	12068

The foregoing appropriation item C15060, Clean Ohio	12069
Conservation, shall be used in accordance with sections 164.20 to	12070
164.27 of the Revised Code. If the Public Works Commission	12071
receives refunds due to project overpayments that are discovered	12072
during the post-project audit, the Director of the Public Works	12073
Commission may certify to the Director of Budget and Management	12074
that refunds have been received. If the Director of Budget and	12075
Management determines that the project refunds are available to	12076
support additional appropriations, such amounts are hereby	12077
appropriated.	12078

Sec. 241.10. The items set forth in this section are hereby	12079
appropriated out of any moneys in the state treasury to the	12080
credit of the Clean Ohio Agricultural Easement Fund (Fund 7057)	12081
that are not otherwise appropriated.	12082

Appropriations

AGR DEPARTMENT OF AGRICULTURE	12083

C70009	Clean Ohio Agricultural Easements	$	~~5,000,000~~ 12,500,000	12084
Total Department of Agriculture		$	~~5,000,000~~ 12,500,000	12085
TOTAL Clean Ohio Agricultural Easement Fund		$	~~5,000,000~~ 12,500,000	12086

Sec. 243.10. The items set forth in this section are hereby	12088
appropriated out of any moneys in the state treasury to the	12089
credit of the Clean Ohio Trail Fund (Fund 7061) that are not	12090
otherwise appropriated.	12091

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	12092

C72514	Clean Ohio Trail - Grants	$	~~5,000,000~~ 12,500,000	12093
Total Department of Natural Resources		$	~~5,000,000~~ 12,500,000	12094
TOTAL Clean Ohio Trail Fund		$	~~5,000,000~~ 12,500,000	12095

Sec. 243.11. The Ohio Public Facilities Commission is hereby	12097
authorized to issue and sell, in accordance with Section 2o and	12098
2q of Article VIII, Ohio Constitution, and pursuant to sections	12099
151.01 and 151.09 of the Revised Code, original obligations of	12100
the state in an aggregate principal amount not to exceed	12101
~~$40,000,000~~$100,000,000 in addition to the original issuance of	12102
obligations heretofore authorized by prior acts of the General	12103
Assembly. These authorized obligations shall be issued and sold	12104
from time to time, subject to applicable constitutional and	12105
statutory limitations, as needed to ensure sufficient moneys to	12106
the credit of the Clean Ohio Conservation Fund (Fund 7056), the	12107
Clean Ohio Agricultural Easement Fund (Fund 7057), and the Clean	12108
Ohio Trail Fund (Fund 7061) to pay costs of conservation	12109
projects.	12110

Section 610.21. That existing Sections 217.10, 217.11,	12111
239.10, 241.10, 243.10, and 243.11 of Am. Sub. H.B. 562 of the	12112
127th General Assembly are hereby repealed.	12113

Section 610.30. That Section 503.40 of Am. Sub. H.B. 562 of	12114
the 127th General Assembly be amended to read as follows:	12115

Sec. 503.40. All appropriation items in this section are	12116
appropriated out of the money in the state treasury to the credit	12117
of the designated fund. For all appropriations made in this	12118
section, the amounts in the first column are for fiscal year 2008	12119
and the amounts in the second column are for fiscal year 2009.	12120

LSC LEGISLATIVE SERVICE COMMISSION	12121

General Revenue Fund	12122

GRF	035-321	Operating Expenses	$	$	200,000	12123
GRF	035-407	Legislative Taskforce on Redistricting	$	$	750,000	12124
TOTAL GRF General Revenue Fund			$	$	950,000	12125
TOTAL ALL BUDGET FUND GROUPS			$	$	950,000	12126

~~COMMISSION~~COMMISSIONS ON CUYAHOGA COUNTY GOVERNMENT REFORM	12127
AND LOCAL GOVERNMENT REFORM AND COLLABORATION	12128

The foregoing appropriation item 035-321, Operating Expenses,	12129
shall be used to support the Commission on Cuyahoga County	12130
Government Reform and the Ohio Commission on Local Government	12131
Reform and Collaboration, both created in ~~this act~~Am. Sub. H.B.	12132
562 of the 127th General Assembly.	12133

An amount equal to the unexpended, unencumbered portion of	12134
the foregoing appropriation item 035-321, Operating Expenses, at	12135
the end of fiscal year 2009, is hereby reappropriated for the same	12136
purpose for fiscal year 2010.	12137

LEGISLATIVE TASKFORCE ON REDISTRICTING

12138

An amount equal to the unexpended, unencumbered portion of	12139
the foregoing appropriation item 035-407, Legislative Taskforce on	12140
Redistricting, at the end of fiscal year 2009 is hereby	12141
reappropriated to the Legislative Service Commission for the same	12142
purpose for fiscal year 2010.	12143

The appropriations made in this section are subject to all	12144
the provisions of Am. Sub. H.B. 119 of the 127th General Assembly	12145
that are generally applicable to such appropriations ~~except for~~	12146
~~Section 809.03 of Am. Sub. H.B. 119 of the 127th General~~	12147
~~Assembly~~. Expenditures from appropriations contained in this	12148
section shall be accounted for as though made in Am. Sub. H.B.	12149
119 of the 127th General Assembly.	12150

Section 610.31. That existing Section 503.40 of Am. Sub. H.B.	12151
562 of the 127th General Assembly is hereby repealed.	12152

Section 715.10. The Director of Natural Resources may create	12153
an Ohio All-Purpose Vehicle Advisory Board for the purposes of	12154
providing advice and receiving input regarding all-purpose vehicle	12155
trails and trail maintenance.	12156

The authority to create the board and any board created under	12157
this section ceases to exist two years after the effective date of	12158
this section unless the General Assembly subsequently authorizes	12159
the continuation of that authority and the board.	12160

Section 755.10. The Director of Transportation may enter into	12161
agreements as provided in this section with the United States or	12162
any department or agency of the United States, including, but not	12163
limited to, the United States Army Corps of Engineers, the United	12164
States Forest Service, the United States Environmental Protection	12165
Agency, and the United States Fish and Wildlife Service. An	12166
agreement entered into pursuant to this section shall be solely	12167
for the purpose of dedicating staff to the expeditious and timely	12168
review of environmentally related documents submitted by the	12169
Director of Transportation, as necessary for the approval of	12170
federal permits. The agreements may include provisions for advance	12171
payment by the Director of Transportation for labor and all other	12172
identifiable costs of the United States or any department or	12173
agency of the United States providing the services, as may be	12174
estimated by the United States, or the department or agency of the	12175
United States. The Director shall submit a request to the	12176
Controlling Board indicating the amount of the agreement, the	12177
services to be performed by the United States or the department or	12178
agency of the United States, and the circumstances giving rise to	12179
the agreement.	12180

Section 755.40. (A) The Department of Public Safety shall	12181
form a study group to conduct a study and make recommendations to	12182
improve services related to vehicle registrations, driver's	12183
license and identification card issuance, and vehicle title	12184
issuance. The study group shall include representatives from the	12185
Department of Public Safety, the Bureau of Motor Vehicles, the	12186
Office of Budget and Management, the Ohio Attorney General, the	12187
Ohio Clerk of Courts Association, the County Auditors'	12188
Association, the Ohio Trucking Association, the Deputy	12189
Registrars' Association, the Ohio Auto Dealers' Association, the	12190
County Commissioners' Association, the Ohio Municipal League, one	12191
member of the Senate, appointed by the President of the Senate,	12192
one member of the House of Representatives appointed by the	12193
Speaker of the House of Representatives, and two members of the	12194
public, one of whom shall be appointed by the President of the	12195
Senate and one of whom shall be appointed by the Speaker of the	12196
House of Representatives.	12197

(B) In regard to services related to vehicle registrations,	12198
driver's license and identification card issuance, and vehicle	12199
title issuance, the study group shall do all of the following:	12200

(1) Evaluate ways to improve the efficient delivery of	12201
services;	12202

(2) Examine existing statutory authority governing the	12203
supporting processes and infrastructure systems and analyze	12204
methods to improve such processes and systems;	12205

(3) Review demographic data, conduct a financial assessment	12206
of existing procedures, and identify additional services that may	12207
be provided;	12208

(4) Evaluate issues related to Clerks of Courts of Common	12209
Pleas acting as deputy registrars, including the overall impact on	12210
service to the public and the economic effects for both the Clerks	12211
of Courts and deputy registrars;	12212

(5) Review current business methods and identify new	12213
technology that may improve processes and procedures;	12214

(6) Examine ways to expand consumer protection under Ohio's	12215
Title Defect Recision Fund for all retail motor vehicle	12216
transactions.	12217

(C) Not later than six months after the effective date of	12218
this section, the study group shall submit its report with	12219
recommendations to the Governor, the Speaker of the House of	12220
Representatives, the Minority Leader of the House of	12221
Representatives, the President of the Senate, and the Minority	12222
Leader of the Senate. Upon submitting its report, the study	12223
group shall cease to exist.	12224

Section 755.50. The Department of Transportation shall	12225
compile and produce a report on the financial and policy	12226
implications of the Department assuming primary responsibility for	12227
all state routes throughout Ohio regardless of local government	12228
jurisdiction. The report shall review the range of possible	12229
participation in the paving and maintenance of these routes by the	12230
Department. The Department shall submit the report to the Speaker	12231
of the House of Representatives, the Minority Leader of the House	12232
of Representatives, the President of the Senate, the Minority	12233
Leader of the Senate, and the Governor not later than December	12234
15, 2009.	12235

Section 755.60. The Ohio Turnpike Commission shall conduct a	12236
study to examine ways to increase the application of green	12237
technology, including the reduction of diesel emissions, in the	12238
construction, maintenance, improvement, repair, and operation of	12239
Ohio Turnpike Commission facilities. Additionally, the study shall	12240
evaluate all opportunities to develop energy alternatives,	12241
including solar, geothermal, natural gas, and wind, in cooperation	12242
with the Power Siting Board and the Ohio Department of	12243
Transportation. The Ohio Turnpike Commission shall use the first	12244
$100,000 in revenue derived from the Commission's operation of	12245
the business logo sign program created in section 5537.30 of the	12246
Revised Code to conduct the study authorized by this section.	12247

Not later than six months after the effective date of this	12248
section, the Ohio Turnpike Commission shall issue an interim	12249
report with the results of its study to the Speaker and the	12250
Minority Leader of the House of Representatives, the President	12251
and the Minority Leader of the Senate, and the Governor. Not later	12252
than one year after the effective date of this section, the Ohio	12253
Turnpike Commission shall issue a final report with the results of	12254
its study to such persons.	12255

Section 755.70. Notwithstanding sections 4519.02, 4519.03,	12256
4519.04, 4519.08, 4519.09, 4519.10, 4519.44, and 4519.47 of the	12257
Revised Code as amended in Section 101.01 of this act, the Bureau	12258
of Motor Vehicles shall not be required to issue license plates	12259
and validation stickers to all-purpose vehicles until one year	12260
after the effective date of this section.	12261

Section 755.80. (A) There is established a MARCS Task Force	12262
to explore and issue recommendations on the organizational	12263
structure and operational and capital funding options for the	12264
long-term sustainability and more ubiquitous utilization of the	12265
MARCS System.	12266

The Task Force shall consist of seventeen members as	12267
follows: three members appointed by the Governor; three members	12268
appointed by the Speaker of the House of Representatives, not more	12269
than two from the same political party; three members appointed by	12270
the President of the Senate, not more than two from the same	12271
political party; one representative from the Department of Public	12272
Safety, appointed by the Director of Public Safety; one	12273
representative from the State Highway Patrol, appointed by the	12274
Director of Public Safety; one representative from the Buckeye	12275
State Sheriffs' Association, appointed by the Governor; one	12276
representative from the Ohio Association of Chiefs of Police,	12277
appointed by the Governor; one representative from the Ohio Fire	12278
Chiefs Association, appointed by the Governor; one representative	12279
from MARCS, appointed by the Director of Administrative Services;	12280
one representative of an emergency management agency, appointed	12281
by the Governor; and the Director of Administrative Services or	12282
the Director's designee. The appointed members shall be appointed	12283
not later than forty-five days after the effective date of this	12284
section.	12285

The Director of Administrative Services or the Director's	12286
designee shall serve as chairperson of the Task Force.	12287

Members of the Task Force shall receive no compensation or	12288
reimbursement for their services.	12289

(B) Not later than nine months after the effective date of	12290
this section, the Task Force shall submit a report to the	12291
Governor, the President of the Senate, and the Speaker of the	12292
House of Representatives. The report shall make recommendations	12293
on the matters outlined in the first paragraph of division (A) of	12294
this section for the MARCS System.	12295

Section 756.10. Pursuant to section 1.48 of the Revised	12296
Code, divisions (A)(3), (A)(5), and (G) of section 4141.301 of	12297
the Revised Code, as amended by this act shall be applied	12298
retrospectively.	12299

Section 756.11. It is the intent of the General Assembly to	12300
help qualified unemployed workers access the federally funded	12301
extended benefits prescribed under the "American Recovery and	12302
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115,	12303
while not increasing the short- or long-term federal and state	12304
unemployment insurance tax burden on Ohio employers.	12305

Section 756.15. For the six-month period commencing on the	12306
effective date of the amendments to section 4513.03 of the Revised	12307
Code contained in Section 101.01 of this act, no law enforcement	12308
officer shall issue to the operator of any motor vehicle being	12309
operated upon a street or highway within this state a ticket,	12310
citation, or summons for a violation of division (A)(3) of section	12311
4513.03 of the Revised Code, or cause the arrest of or commence a	12312
prosecution of a person for a violation of that division. Instead,	12313
during that period of time the law enforcement officer shall issue	12314
to such an operator a written warning, informing the operator of	12315
the existence of division (A)(3) of section 4513.03 of the Revised	12316
Code and that after the date that is six months after the	12317
effective date of the amendments to section 4513.03 of the Revised	12318
Code contained in Section 101.01 of this act, a law enforcement	12319
officer who observes that the operator of a motor vehicle has	12320
committed or is committing a violation of division (A)(3) of	12321
section 4513.03 of the Revised Code will be authorized to issue a	12322
ticket, citation, or summons to that operator for that violation	12323
or to cause the arrest of or commence a prosecution of such an	12324
operator for a violation of that division.	12325

Section 756.20. The Department of Transportation shall not	12326
impose the overweight or overdimension vehicle movement permit fee	12327
increases established in paragraphs (A)(2), (D)(2), (G), (H), (I),	12328
(J), and (K) of rule 5501:2-1-10 of the Administrative Code that	12329
are scheduled to take effect on July 1, 2009. Rather, the fees	12330
that took effect on March 1, 2009, shall apply. The Director of	12331
Transportation shall amend rule 5501:2-1-10 of the Administrative	12332
Code to comply with this section, but shall not subsequently	12333
increase the rates by rule until July 1, 2010.	12334

Section 756.25. (A) Notwithstanding section 4505.09 of the	12335
Revised Code, until July 1, 2011, the clerk of a court of common	12336
pleas shall charge four dollars and fifty cents for each	12337
certificate of title issued to a licensed motor vehicle dealer for	12338
resale purposes and, in addition, shall charge and collect a	12339
separate fee of fifty cents from the licensed motor vehicle	12340
dealer, which shall be forwarded to the Registrar of Motor	12341
Vehicles for distribution in accordance with division (B) of this	12342
section.	12343

(B) Notwithstanding division (B)(3) of section 4505.09 of the	12344
Revised Code, until July 1, 2011, the Registrar of Motor Vehicles	12345
shall pay one dollar and fifty cents of the amount received by the	12346
Registrar for each certificate of title issued to a licensed motor	12347
vehicle dealer for resale purposes into the Automated Title	12348
Processing Fund created by section 4505.09 of the Revised Code.	12349
The Registrar shall pay the fifty-cent separate fee collected from	12350
a licensed motor vehicle dealer under division (A) of this section	12351
into the Title Defect Recision Fund created by section 1345.52 of	12352
the Revised Code.	12353

Section 756.30. The Department of Transportation shall erect	12354
and maintain one sign each in the rights-of-way of the northbound	12355
and southbound roadways of the State Route 33 bypass approaching	12356
each exit to the city of Lancaster that reads "Historic Downtown	12357
Lancaster Museum District" and the approximate distance. The signs	12358
shall conform to the provisions contained in the manual adopted by	12359
the Department pursuant to section 4511.09 of the Revised Code	12360
regarding the size, coloring, lettering, and installation	12361
locations of the signs.	12362

Section 756.35. Notwithstanding any provision of Chapter	12363
5525. of the Revised Code, until July 1, 2011, the Director of	12364
Transportation may use a value-based selection process, combining	12365
technical qualifications and competitive bidding elements,	12366
including consideration for minority or disadvantaged businesses	12367
that may include joint ventures, when letting special projects	12368
that contain both design and construction elements of a highway or	12369
bridge project into a single contract.	12370

Not later than January 20, 2011, the Director of	12371
Transportation shall present a report to the chair and ranking	12372
minority members of the House of Representatives and Senate	12373
committees that deal with transportation issues. The report shall	12374
identify each project for which the Director used a value-based	12375
selection process, shall evaluate the effect of the value-based	12376
selection process on the cost and timetable for completing the	12377
project, and shall make recommendations for renewing or modifying	12378
the use of a value-based selection process.	12379

Section 756.40. (A) There is hereby established the Ohio	12380
State Highway Patrol Mission Review Task Force, consisting of	12381
seventeen members as follows: the Director of Public Safety or the	12382
Director's designee, the Superintendent of the State Highway	12383
Patrol, two members of the Senate appointed by the President of	12384
the Senate, one member of the Senate appointed by the Minority	12385
Leader of the Senate, two members of the House of Representatives	12386
appointed by the Speaker of the House of Representatives, one	12387
member of the House of Representatives appointed by the Minority	12388
Leader of the House of Representatives, one member who represents	12389
the County Commissioners' Association of Ohio appointed by the	12390
Association, one member who represents the Buckeye State Sheriffs	12391
Association appointed by the Association, one member who	12392
represents the Fraternal Order of Police of Ohio appointed by the	12393
Order, one member who represents the Ohio Association of Chiefs of	12394
Police appointed by the Association, one member who is a State	12395
Highway Patrol trooper appointed by the Ohio State Troopers	12396
Association to represent the troopers of the State Highway Patrol,	12397
one member appointed by the President of the Senate to represent	12398
the public, one member appointed by the Speaker of the House of	12399
Representatives to represent the public, and two members appointed	12400
by the Governor to represent the public, at least one of whom is	12401
not affiliated with any law enforcement agency or public safety	12402
force or agency of any kind. The appointed members shall be	12403
appointed not later than forty-five days after the effective date	12404
of this section.	12405

The member appointed by the Governor to represent the public	12406
who is not affiliated with any law enforcement agency or public	12407
safety force or agency of any kind shall serve as chairperson of	12408
the Task Force. If both members appointed by the Governor to	12409
represent the public are not affiliated with any law enforcement	12410
agency or public safety force or agency of any kind, the Governor	12411
shall designate one of those members to serve as chairperson of	12412
the Task Force. Members of the Task Force shall receive no	12413
compensation or reimbursement for their services. The Department	12414
of Public Safety shall furnish such staff support to the Task	12415
Force as the Task Force may require.	12416

(B) The Task Force shall review the operations and functions	12417
of the State Highway Patrol to explore opportunities to improve	12418
operational efficiency, identify overlapping services, and	12419
consolidate current operations. The Task Force shall formulate	12420
such recommendations as it considers advisable and shall compile a	12421
written report that contains its findings and recommendations.	12422

(C) Not later than twelve months after the effective date of	12423
this section, the Task Force shall submit its report to the	12424
Governor, the President of the Senate, the Minority Leader of the	12425
Senate, the Speaker of the House of Representatives, and the	12426
Minority Leader of the House of Representatives. At that point,	12427
the Task Force shall cease to exist.	12428

Section 756.45. The Director of Transportation shall permit	12429
the construction of a curb cut on State Route 91, near Vine	12430
Street, in Lake County.	12431

Section 756.50. In the award of any contract using money	12432
appropriated pursuant to this act, the parties to the contract	12433
shall comply with all applicable federal and state laws, including	12434
the requirements of the Minority Business Enterprise Program, the	12435
Encouraging Diversity, Growth, and Equity Program, and the Buy	12436
Ohio Program.	12437

Section 756.55. (A) Notwithstanding section 5501.51 or any	12438
other provision of the Revised Code, if relocation of utility	12439
facilities or any parts thereof is directed by the state or a	12440
county, township, or municipal corporation and is necessitated by	12441
the construction, reconstruction, improvement, maintenance, or	12442
repair of a road, highway, or bridge that is financed in whole or	12443
in part by federal funds provided as part of or as a result of	12444
the "American Recovery and Reinvestment Act of 2009," Pub. L. No.	12445
111-5, 123 Stat. 115, and the affected utility meets the project	12446
utility relocation work schedule as agreed to between the utility	12447
and the state, county, township, or municipal corporation, then	12448
the state, county, township, or municipal corporation shall	12449
reimburse the utility for the cost of the relocation, first, in	12450
the same proportion as federal funds are expended on the project	12451
and, second, as otherwise provided in section 5501.51 or other	12452
applicable provision of the Revised Code.	12453

(B) As used in this section, "utility" includes publicly,	12454
privately, and cooperatively owned utilities that are subject to	12455
the authority of the public utilities commission of Ohio, a	12456
utility as defined in division (B) of section 4905.02 of the	12457
Revised Code, an electric cooperative as defined in section	12458
4928.01 of the Revised Code, a pipeline facility regulated under	12459
the "Accountable Pipeline Safety and Partnership Act of 1996,"	12460
110 Stat. 3793, 49 U.S.C. 60101, and a cable operator as defined	12461
in the "Cable Communications Policy Act of 1984," 98 Stat.	12462
2780, 47 U.S.C. 522, as amended by the "Telecommunications Act	12463
of 1996," 110 Stat. 56, and includes the provision of other	12464
information or telecommunications services, or both.	12465

Section 756.60. (A) Notwithstanding any law to the contrary,	12466
the Director of Administrative Services shall ensure that a	12467
competitive selection process regarding a contract to operate a	12468
motor vehicle emissions inspection program in this state	12469
incorporates the following elements, which shall be included in	12470
the contract:	12471

(1) A requirement that the vendor selected to operate the	12472
program provide notification of the program's requirements to each	12473
owner of a motor vehicle that is required to be inspected under	12474
the program. The contract shall require the notification to be	12475
provided not later than sixty days prior to the date by which the	12476
owner of the motor vehicle is required to have the motor vehicle	12477
inspected. The Director of Environmental Protection and the vendor	12478
shall jointly agree on the content of the notice. However, the	12479
notice shall at a minimum include the locations of all inspection	12480
facilities within a specified distance of the address that is	12481
listed on the owner's motor vehicle registration.	12482

(2) A requirement that the vendor selected to operate the	12483
program spend not more than five hundred thousand dollars over the	12484
term of the contract for public education regarding the locations	12485
at which motor vehicle inspections will take place;	12486

(3) A requirement that the vendor selected to operate the	12487
program acquire all facilities that were previously utilized for	12488
motor vehicle emissions inspections via arm's-length transactions	12489
at the discretion of the interested parties if the vendor chooses	12490
to utilize those inspection facilities for purposes of the	12491
contract. The competitive selection process shall not include a	12492
requirement that a vendor pay book value for such facilities.	12493

(4) A requirement that the motor vehicle emissions inspection	12494
program utilize established local businesses, such as existing	12495
motor vehicle repair facilities, for the purpose of expanding the	12496
number of inspection facilities for consumer convenience and	12497
increased local business participation.	12498

(B) Any competitive selection process that is or has been	12499
initiated for purposes of a new contract to operate a motor	12500
vehicle emissions inspection program in this state shall comply	12501
with division (A) of this section.	12502

Section 757.10. Notwithstanding Chapter 5735. of the Revised	12503
Code, the following shall apply for the period of July 1, 2009,	12504
through June 30, 2011:	12505

(A) For the discount under section 5735.06 of the Revised	12506
Code, if the monthly report is timely filed and the tax is timely	12507
paid, one per cent of the total number of gallons of motor fuel	12508
received by the motor fuel dealer within the state during the	12509
preceding calendar month, less the total number of gallons	12510
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	12511
the Revised Code, less one-half of one per cent of the total	12512
number of gallons of motor fuel that were sold to a retail dealer	12513
during the preceding calendar month.	12514

(B) For the semiannual periods ending December 31, 2009, June	12515
30, 2010, December 31, 2010, and June 30, 2011, the refund	12516
provided to retail dealers under section 5735.141 of the Revised	12517
Code shall be one-half of one per cent of the Ohio motor fuel	12518
taxes paid on fuel purchased during those semiannual periods.	12519

Section 803.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	12520
APPROPRIATIONS	12521

Law contained in the main operating appropriations act of the	12522
128th General Assembly that is generally applicable to the	12523
appropriations made in the main operating appropriations act also	12524
is generally applicable to the appropriations made in this act.	12525

Section 803.20. As used in the uncodified law of this act,	12526
"American Recovery and Reinvestment Act of 2009" means the	12527
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	12528
111-5, 123 Stat. 115.	12529

Section 806.10. The items of law contained in this act, and	12530
their applications, are severable. If any item of law contained in	12531
this act, or if any application of any item of law contained in	12532
this act, is held invalid, the invalidity does not affect other	12533
items of law contained in this act and their applications that can	12534
be given effect without the invalid item or application.	12535

Section 812.10. Except as otherwise provided in this act,	12536
the amendment, enactment, or repeal by this act of a section is	12537
subject to the referendum under Ohio Constitution, Article II,	12538
Section 1c and therefore takes effect on the ninety-first day	12539
after this act is filed with the Secretary of State or, if a later	12540
effective date is specified below, on that date.	12541

Section 812.20. In this section, an "appropriation" includes	12542
another provision of law in this act that relates to the subject	12543
of the appropriation.	12544

An appropriation of money made in this act is not subject to	12545
the referendum insofar as a contemplated expenditure authorized	12546
thereby is wholly to meet a current expense within the meaning of	12547
Ohio Constitution, Article II, Section 1d and section 1.471 of the	12548
Revised Code. To that extent, the appropriation takes effect	12549
immediately when this act becomes law. Conversely, the	12550
appropriation is subject to the referendum insofar as a	12551
contemplated expenditure authorized thereby is wholly or partly	12552
not to meet a current expense within the meaning of Ohio	12553
Constitution, Article II, Section 1d and section 1.471 of the	12554
Revised code. To that extent, the appropriation takes effect on	12555
the ninety-first day after this act is filed with the Secretary	12556
of State.	12557

Section 812.30. The amendment, enactment, or repeal by this	12558
act of the sections listed below is exempt from the referendum	12559
because it is or relates to an appropriation for current expenses	12560
within the meaning of Ohio Constitution, Article II, Section 1d	12561
and section 1.471 of the Revised Code, or defines a tax levy	12562
within the meaning of Ohio Constitution, Article II, Section 1d,	12563
and therefore takes effect immediately when this act becomes law	12564
or, if a later effective date is specified below, on that date.	12565

R.C. 121.51, 121.53, 4141.242, and 4141.301

12566

The amendment of sections 5735.06 and 5735.141 of the Revised	12567
Code take effect July 1, 2009.	12568

Section 229.10 of Am. Sub. H.B. 67 of the 127th General	12569
Assembly	12570

Sections of this act prefixed with section numbers in the	12571
300's, 500's, 600's, 700's, and 800's, except for Sections 509.10,	12572
610.20, 610.21, and 755.20 of this act.	12573

Section 812.40. The sections that are listed in the	12574
left-hand column of the following table combine amendments by this	12575
act that are and that are not exempt from the referendum under	12576
Ohio Constitution, Article II, Sections 1c and 1d and section	12577
1.471 of the Revised Code.	12578

The middle column identifies the amendments to the listed	12579
sections that are subject to the referendum under Ohio	12580
Constitution, Article II, Section 1c and therefore take effect on	12581
the ninety-first day after this act is filed with the Secretary of	12582
State or, if a later effective date is specified, on that date.	12583

The right-hand column identifies the amendments to the listed	12584
sections that are exempt from the referendum because they are or	12585
relate to an appropriation for current expenses within the meaning	12586
of Ohio Constitution, Article II, Section 1d and section 1.471 of	12587
the Revised Code, or define a tax levy within the meaning of Ohio	12588
Constitution, Article II, Section 1d, and therefore take effect	12589
immediately when this act becomes law or, if a later effective	12590
date is specified, on that date.	12591

Section of law		Amendments subject to referendum		Amendments exempt from referendum		12592
R.C. 4561.18		Division (A)		Divisions (D)(1), (D)(3), (H)		12593

Section 815.10. The amendment by this act to section	12594
4513.263 of the Revised Code does not affect the taking effect	12595
of the amendment previously made to that section by Am. Sub.	12596
H.B. 320 of the 127th General Assembly. The amendment of Am.	12597
Sub. H.B. 320 to that section takes effect as specified in that	12598
act.	12599

Section 815.20. The General Assembly, applying the principle	12600
stated in division (B) of section 1.52 of the Revised Code that	12601
amendments are to be harmonized if reasonably capable of	12602
simultaneous operation, finds that the following sections,	12603
presented in this act as composites of the sections as amended by	12604
the acts indicated, are the resulting versions of the sections in	12605
effect prior to the effective date of the sections as presented in	12606
this act:	12607

Section 4501.21 of the Revised Code as amended by both Am.	12608
Sub. H.B. 273 and Am. Sub. S.B. 129 of the 127th General	12609
Assembly.	12610

Section 4506.07 of the Revised Code as amended by both Am.	12611
Sub. H.B. 450 and Sub. H.B. 529 of the 127th General Assembly.	12612

Section 4506.11 of the Revised Code as amended by both Am.	12613
Sub. H.B. 450 and Sub. H.B. 529 of the 127th General Assembly.	12614

Section 4507.06 of the Revised Code as amended by both Am.	12615
Sub. H.B. 450 and Sub. H.B. 529 of the 127th General Assembly.	12616

Section 4507.51 of the Revised Code as amended by Am. Sub.	12617
H.B. 130, Am. Sub. H.B. 450, and Sub. H.B. 529 of the 127th	12618
General Assembly.	12619

Section 4511.181 of the Revised Code as amended by both Am.	12620
Sub. H.B. 562 and Am. Sub. S.B. 17 of the 127th General Assembly.	12621

Section 901.10. Section 901.11 of this act applies only to	12622
sections 1751.53, 3719.21, 3923.38, 4729.42, 4729.99, 4776.02,	12623
4776.04 of the Revised Code as amended by Sections 101.01 and	12624
101.02 of this act and to Section 756.60 of this act.	12625

Section 901.11. This act is hereby declared to be an	12626
emergency measure necessary for the immediate preservation of the	12627
public peace, health, and safety. The reason for such necessity	12628
lies in the need, in these times of high unemployment, to provide	12629
assistance to those who have recently been working, while at the	12630
same time protecting the health and safety of the public.	12631
Therefore, this act shall go into immediate effect.	12632