| Section 101.01. That sections 121.51, 125.11, 133.52, 151.01, | 32 |
|
151.09, 151.40, 1548.14, 2949.094, 4501.01, 4501.03, 4501.044, | 33 |
|
4501.06, 4501.34, 4503.04, 4503.042, 4503.07, 4503.10, 4503.182, | 34 |
|
4503.26, 4503.65, 4505.14, 4506.08, 4507.05, 4507.071, 4507.23, | 35 |
|
4507.24, 4509.05, 4511.093,
4513.263, 4519.63, 4561.17,
4561.18, | 36 |
|
4561.21, 5501.03, 5501.311,
5501.34, 5502.03, 5502.39,
5502.67, | 37 |
|
5502.68, 5515.01, 5515.07,
5517.011, 5525.15, 5531.09,
5537.07, | 38 |
|
5537.99, 5703.053, 5703.70,
5735.06, 5735.145, 5735.16,
and | 39 |
|
5735.23 be amended and sections
5502.131, 5531.11, 5531.12, | 40 |
|
5531.13, 5531.14, 5531.15, 5531.16,
5531.17, 5531.18, 5531.99, | 41 |
|
5539.01, 5539.02, 5539.03, 5539.04,
5539.05, 5539.06, 5539.07, | 42 |
|
5539.08, 5539.09, 5539.10, and 5539.11
of the Revised Code be | 43 |
|
enacted to read as follows: | 44 |
| Sec. 121.51. There is hereby created in the office of the | 45 |
|
inspector general the position of deputy inspector general for the | 46 |
|
department of transportation. The inspector general shall appoint | 47 |
|
the deputy inspector general, and the deputy inspector general | 48 |
|
shall serve at the pleasure of the inspector general. A person | 49 |
|
employed as the deputy inspector general shall have the same | 50 |
|
qualifications as those specified in section 121.49 of the Revised | 51 |
|
Code for the inspector general. The inspector general shall | 52 |
|
provide technical, professional, and clerical assistance to the | 53 |
deputy inspector general. The inspector general shall certify to | 54 |
the director of budget and management the costs, including the | 55 |
salaries of the deputy
inspector general and the employees | 56 |
assisting the deputy inspector
general, that the inspector | 57 |
general expects the deputy inspector
general to incur during the | 58 |
fiscal year or such lesser period for
which the certification is | 59 |
made. The director of budget and
management shall transfer the | 60 |
amounts certified to | 61 |
| There is hereby created in the state treasury
the
deputy | 62 |
inspector general for ODOT fund,
which is hereby
created in
the | 63 |
state treasury, from the
appropriation made to
the department | 64 |
of transportation from which
expenditures for
general | 65 |
administrative purposes, as
distinguished from specific | 66 |
infrastructure projects, are made.
The transfers shall be made in | 67 |
accordance with a schedule that
the inspector general considers | 68 |
to
be appropriate but shall not
be in amounts that would create | 69 |
a
balance in the fund in excess
of need or that would exceed the | 70 |
amount appropriated from the
fund. The fund shall consist of | 71 |
|
money credited to the fund for the payment of costs incurred by | 72 |
|
the deputy inspector general in performing the duties of the | 73 |
|
deputy inspector general as specified in this section. The | 74 |
inspector general shall
use
the deputy inspector
general for | 75 |
ODOT fund to pay costs
incurred
by the deputy
inspector | 76 |
|
general in performing the
duties of the deputy inspector
general | 77 |
|
as required under this
section. | 78 |
| The deputy inspector general shall investigate all wrongful | 79 |
|
acts or omissions that have been committed or are being committed | 80 |
|
by employees of the department. In addition, the deputy inspector | 81 |
|
general shall conduct a program of random review of the processing | 82 |
|
of contracts associated with building and maintaining the state's | 83 |
|
infrastructure. The random review program shall be designed by the | 84 |
|
inspector general. The program shall be confidential and may be | 85 |
|
altered by the inspector general at any time. The deputy inspector | 86 |
|
general has the same powers and duties regarding matters | 87 |
|
concerning the department as those specified in sections 121.42, | 88 |
|
121.43, and 121.45 of the Revised Code for the inspector general. | 89 |
|
Complaints may be filed with the deputy inspector general in the | 90 |
|
same manner as prescribed for complaints filed with the inspector | 91 |
|
general under section 121.46 of the Revised Code. All | 92 |
|
investigations conducted and reports issued by the deputy | 93 |
|
inspector general are subject to section 121.44 of the Revised | 94 |
|
Code. | 95 |
| All officers and employees of the department shall cooperate | 96 |
|
with and provide assistance to the deputy inspector general in the | 97 |
|
performance of any investigation conducted by the deputy inspector | 98 |
|
general. In particular, those persons shall make their premises, | 99 |
|
equipment, personnel, books, records, and papers readily available | 100 |
|
to the deputy inspector general. In the course of an | 101 |
|
investigation, the deputy inspector general may question any | 102 |
|
officers or employees of the department and any person transacting | 103 |
|
business with the department and may inspect and copy any books, | 104 |
|
records, or papers in the possession of the department, taking | 105 |
|
care to preserve the confidentiality of information contained in | 106 |
|
responses to questions or the books, records, or papers that are | 107 |
|
made confidential by law. In performing any investigation, the | 108 |
|
deputy inspector general shall avoid interfering with the ongoing | 109 |
|
operations of the department, except insofar as is reasonably | 110 |
|
necessary to complete the investigation successfully. | 111 |
| Sec. 125.11. (A) Subject to division (B) of this
section, | 128 |
|
contracts
awarded pursuant to
a reverse auction
under section | 129 |
|
125.072 of the Revised Code or pursuant to
competitive
sealed | 130 |
|
bidding, including
contracts awarded under
section
125.081 of
the | 131 |
|
Revised Code, shall be awarded to the
lowest
responsive and | 132 |
|
responsible bidder on each item in
accordance with
section 9.312 | 133 |
|
of the Revised Code. When the
contract is for meat
products as | 134 |
|
defined in section 918.01 of the
Revised Code or
poultry products | 135 |
|
as defined in section 918.21 of
the Revised
Code, only those bids | 136 |
|
received from vendors offering
products from
establishments on the | 137 |
|
current list
of meat and
poultry vendors established and | 138 |
|
maintained by the
director of
administrative services under | 139 |
|
section 125.17 of the
Revised Code
shall be eligible for | 140 |
|
acceptance. The department of
administrative services may accept | 141 |
|
or reject any or all bids in
whole or by items, except that when | 142 |
|
the contract is for services
or
products available from a | 143 |
|
qualified nonprofit agency
pursuant to
sections 125.60 to 125.6012 | 144 |
|
or 4115.31 to 4115.35
of the Revised Code, the
contract
shall be | 145 |
|
awarded to that agency. | 146 |
| (B)(1) Prior to awarding a contract under division (A) of | 147 |
|
this
section, the department of administrative services or the | 148 |
|
state
agency responsible for evaluating a contract for the | 149 |
|
purchase of
products shall evaluate the bids received
according to | 150 |
|
the
criteria and procedures established pursuant to divisions | 151 |
|
(C)(1)
and (2) of section 125.09 of the Revised Code for | 152 |
|
determining if a
product is produced or mined in the United
States | 153 |
|
and if a product
is
produced or mined in
this state. The | 154 |
|
department or other
state agency shall first remove bids that | 155 |
|
offer
products
that
have not been or that will not be
produced or | 156 |
|
mined in
the
United
States. From among the remaining bids, the | 157 |
|
department
or
other
state agency shall select the lowest | 158 |
|
responsive and
responsible
bid, in
accordance with section 9.312 | 159 |
|
of the Revised
Code, from
among the
bids that offer
products that | 160 |
|
have been
produced or
mined in
this state
where sufficient | 161 |
|
competition
can be generated
within
this
state to
ensure that | 162 |
|
compliance
with these
requirements will not result in
an excessive | 163 |
|
price for
the product
or acquiring a
disproportionately inferior | 164 |
|
product.
If
there are
two or more
qualified bids that offer
| 165 |
|
products that have been
produced or mined
in
this state, it
shall | 166 |
|
be deemed that
there is
sufficient competition
to prevent an | 167 |
|
excessive price for the
product or the acquiring of
a | 168 |
|
disproportionately inferior product. | 169 |
| (E) The director of administrative services shall publish
in | 179 |
|
the form of a model act for use by counties, townships,
municipal | 180 |
|
corporations, or any other political subdivision
described in | 181 |
|
division (B) of section 125.04 of the Revised Code, a
system of | 182 |
|
preferences
for products
mined and
produced in
this
state and in | 183 |
|
the United States and for
Ohio-based
contractors.
The
model act | 184 |
|
shall reflect substantial
equivalence
to the system
of
preferences | 185 |
|
in purchasing and public
improvement
contracting
procedures under | 186 |
|
which the state operates
pursuant to
this chapter
and section | 187 |
|
153.012 of the Revised Code. To the
maximum extent
possible, | 188 |
|
consistent with the Ohio system
of
preferences in
purchasing and | 189 |
|
public improvement contracting
procedures, the
model act shall | 190 |
|
incorporate all of the
requirements of the federal
"Buy America | 191 |
|
Act," 47 Stat. 1520
(1933), 41 U.S.C. 10a to 10d, as
amended, and | 192 |
|
the rules adopted
under that act. | 193 |
| (2)
"Bond service fund" means the respective bond service | 225 |
|
fund
created by section 151.03, 151.04, 151.05, 151.06, 151.07,
| 226 |
|
151.08, 151.09, 151.10, 151.11, or 151.40 of the
Revised Code, and | 227 |
|
any accounts in
that fund,
including all
moneys and investments, | 228 |
|
and earnings from
investments, credited
and to be credited to that | 229 |
|
fund and accounts
as and to the extent
provided in the applicable | 230 |
|
bond proceedings. | 231 |
| (4)
"Costs of capital facilities" means the costs of | 235 |
|
acquiring,
constructing, reconstructing, rehabilitating, | 236 |
|
remodeling,
renovating, enlarging, improving, equipping, or | 237 |
|
furnishing capital
facilities, and of the financing of those | 238 |
|
costs.
"Costs of capital
facilities" includes, without
limitation, | 239 |
|
and in addition to costs
referred to in section
151.03, 151.04, | 240 |
|
151.05, 151.06, 151.07,
151.08, 151.09, 151.10, 151.11, or 151.40 | 241 |
|
of the
Revised
Code, the cost of
clearance and preparation of the | 242 |
|
site
and of any
land to be used
in connection with capital | 243 |
|
facilities,
the cost of
any indemnity
and surety bonds and | 244 |
|
premiums on
insurance, all
related direct
administrative expenses | 245 |
|
and
allocable portions of
direct costs of
the issuing authority, | 246 |
|
costs
of engineering and
architectural
services, designs, plans, | 247 |
|
specifications, surveys,
and estimates
of cost, financing costs, | 248 |
|
interest on obligations
from their date
to the time when interest | 249 |
|
is to be paid from
sources other than
proceeds of obligations, | 250 |
|
amounts necessary to
establish any
reserves as required by the | 251 |
|
bond proceedings, the
reimbursement of
all moneys advanced or | 252 |
|
applied by or borrowed
from any person or
governmental agency or | 253 |
|
entity for the payment
of any item of costs
of capital facilities, | 254 |
|
and all other expenses
necessary or
incident to planning or | 255 |
|
determining feasibility or
practicability
with respect to capital | 256 |
|
facilities, and such other
expenses as may
be necessary or | 257 |
|
incident to the acquisition,
construction,
reconstruction, | 258 |
|
rehabilitation, remodeling,
renovation,
enlargement, improvement, | 259 |
|
equipment, and furnishing of
capital
facilities, the financing of | 260 |
|
those costs, and the placing
of the
capital facilities in use and | 261 |
|
operation, including any one,
part
of, or combination of those | 262 |
|
classes of costs and expenses. For purposes of sections 122.085 to | 263 |
|
122.0820 of the Revised Code, "costs of capital facilities" | 264 |
|
includes "allowable costs" as defined in section 122.085 of the | 265 |
|
Revised Code. | 266 |
| (6)
"Debt service" means principal, including any mandatory | 270 |
|
sinking fund or redemption requirements for retirement of | 271 |
|
obligations, interest and other accreted amounts, interest | 272 |
|
equivalent, and any redemption premium, payable on obligations.
If | 273 |
|
not prohibited by the applicable bond proceedings, debt service | 274 |
|
may
include costs relating to credit enhancement facilities that | 275 |
|
are
related to and represent, or are intended to provide a source | 276 |
|
of
payment
of or limitation on, other debt service. | 277 |
| (10)
"Principal amount" means the aggregate of the amount as | 296 |
|
stated or provided for in the applicable bond proceedings as the | 297 |
|
amount on which interest or interest equivalent on particular | 298 |
|
obligations is initially calculated. Principal amount does not | 299 |
|
include any premium paid to the state by the initial purchaser of | 300 |
|
the obligations.
"Principal amount" of a capital appreciation | 301 |
|
bond, as defined in division (C) of section 3334.01 of the Revised | 302 |
|
Code, means its face amount, and "principal amount" of a zero | 303 |
|
coupon bond, as defined in division (J) of section 3334.01 of the | 304 |
|
Revised Code, means the discounted offering price at which the | 305 |
|
bond is initially sold to the public, disregarding any purchase | 306 |
|
price discount to the original purchaser, if provided for pursuant | 307 |
|
to the bond proceedings. | 308 |
| (11)
"Special funds" or
"funds," unless the context
indicates | 309 |
|
otherwise, means the bond service fund, and any other
funds, | 310 |
|
including any reserve funds, created under the bond
proceedings | 311 |
|
and
stated to be special funds in those proceedings,
including | 312 |
|
moneys
and investments, and earnings from investments,
credited | 313 |
|
and to be
credited to the particular fund. Special funds
do not | 314 |
|
include the
school building program assistance fund created
by | 315 |
|
section 3318.25
of the Revised Code, the higher education | 316 |
|
improvement fund created
by division (F) of section 154.21 of the | 317 |
|
Revised Code, the highway
capital improvement bond fund created by | 318 |
|
section 5528.53 of the Revised Code,
the state parks
and natural | 319 |
|
resources fund created
by section 1557.02 of the Revised Code, the | 320 |
|
coal research and
development fund created by section 1555.15 of | 321 |
|
the Revised Code,
the clean Ohio conservation fund created by | 322 |
|
section 164.27 of the Revised Code, the clean Ohio revitalization | 323 |
|
fund created by section 122.658 of the Revised Code, the job ready | 324 |
|
site development fund created by section 122.0820 of the Revised | 325 |
|
Code, the third frontier research and development fund created by | 326 |
|
section 184.19 of the Revised Code, the third frontier research | 327 |
|
and development taxable bond fund created by section 184.191 of | 328 |
|
the Revised Code,
or other
funds created by the bond proceedings | 329 |
|
that are not stated
by those
proceedings to be special funds. | 330 |
| (B) Subject to
Section 2l, 2m, 2n,
2o, 2p, 2q, or 15, and | 331 |
|
Section
17, of
Article VIII, Ohio Constitution, the state, by the | 332 |
|
issuing
authority, is authorized to issue and sell, as provided in | 333 |
|
sections 151.03 to
151.11 or 151.40 of the Revised Code,
and in | 334 |
|
respective
aggregate principal amounts as from time to time | 335 |
|
provided or
authorized by the general assembly, general | 336 |
|
obligations of this
state for the purpose of paying costs of | 337 |
|
capital facilities or
projects identified by or pursuant to | 338 |
|
general assembly action. | 339 |
| (C) Each issue of obligations shall be authorized by | 340 |
|
resolution
or order of the issuing authority. The bond
proceedings | 341 |
|
shall provide for
or authorize the manner for
determining the | 342 |
|
principal amount or
maximum principal amount of
obligations of an | 343 |
|
issue, the principal
maturity or maturities, the
interest rate or | 344 |
|
rates, the date of
and the dates of payment of
interest on the | 345 |
|
obligations, their
denominations, and the place or
places of | 346 |
|
payment of debt service
which may be within or outside
the state. | 347 |
|
Unless otherwise
provided by law, the latest principal
maturity | 348 |
|
may not be later
than the earlier of the thirty-first day
of | 349 |
|
December of the
twenty-fifth calendar year after the year of | 350 |
|
issuance of the
particular obligations or of the twenty-fifth | 351 |
|
calendar year after
the year in which the original obligation to | 352 |
|
pay was issued or
entered into. Sections 9.96, 9.98, 9.981,
9.982, | 353 |
|
and 9.983 of the Revised
Code apply to obligations. The
purpose of | 354 |
|
the obligations
may be stated in the bond proceedings
in general | 355 |
|
terms, such as,
as applicable,
"financing or assisting
in the | 356 |
|
financing of
projects as provided in Section 2l of Article
VIII, | 357 |
|
Ohio
Constitution,"
"financing or assisting in the financing
of | 358 |
|
highway
capital improvement projects as provided in Section 2m
of | 359 |
|
Article VIII,
Ohio Constitution,"
"paying costs of capital | 360 |
|
facilities for
a system of common schools throughout the state as | 361 |
|
authorized by
Section 2n of Article VIII, Ohio Constitution," | 362 |
|
"paying
costs of capital facilities for state-supported and | 363 |
|
state-assisted
institutions of higher education as authorized by | 364 |
|
Section
2n of Article VIII, Ohio Constitution,"
"paying costs of | 365 |
|
coal research and development as authorized by Section 15 of | 366 |
|
Article
VIII, Ohio Constitution,"
"financing or
assisting in
the | 367 |
|
financing of local subdivision capital improvement
projects as | 368 |
|
authorized by Section 2m of Article VIII,
Ohio Constitution," | 369 |
"paying costs of conservation projects as authorized by Section | 370 |
| Sections 2o and 2q
of Article VIII, Ohio Constitution,"
"paying | 371 |
costs of
revitalization projects as
authorized by SectionSections | 372 |
|
2o and 2q
of Article
VIII, Ohio Constitution," "paying costs of | 373 |
|
preparing sites for industry, commerce, distribution, or research | 374 |
|
and development as authorized by Section 2p of Article VIII, Ohio | 375 |
|
Constitution," or "paying costs of research and development as | 376 |
|
authorized by Section 2p of Article VIII, Ohio Constitution." | 377 |
| (D) The issuing authority may appoint or provide for the | 378 |
|
appointment of paying agents, bond registrars, securities | 379 |
|
depositories, clearing corporations, and transfer agents, and may | 380 |
|
without need for any other approval retain or contract for the | 381 |
|
services of
underwriters, investment
bankers, financial advisers, | 382 |
|
accounting experts, marketing,
remarketing, indexing, and | 383 |
|
administrative agents, other
consultants, and independent | 384 |
|
contractors, including printing
services, as are necessary in the | 385 |
|
judgment of the issuing
authority to carry out
the issuing | 386 |
|
authority's functions under
this
chapter.
When the issuing | 387 |
|
authority
is
the Ohio public facilities
commission, the issuing | 388 |
|
authority
also
may without need for any
other approval retain or | 389 |
|
contract for the
services of attorneys
and other professionals for | 390 |
|
that purpose.
Financing costs are
payable, as may be provided in | 391 |
|
the bond
proceedings, from the
proceeds of the obligations, from | 392 |
|
special
funds, or from other
moneys available for the purpose. | 393 |
| (3) The establishment, deposit, investment, and application | 403 |
|
of
special funds, and the safeguarding of moneys on hand or on | 404 |
|
deposit,
in lieu of the applicability of provisions of Chapter | 405 |
|
131. or 135.
of the Revised Code, but subject to any special | 406 |
|
provisions of
sections 151.01 to
151.11 or 151.40 of the
Revised | 407 |
|
Code with
respect to the
application of particular funds
or | 408 |
|
moneys. Any
financial
institution that acts as a depository of
any | 409 |
|
moneys in
special
funds or other funds under the bond
proceedings | 410 |
|
may
furnish
indemnifying bonds or pledge securities as
required by | 411 |
|
the
issuing
authority. | 412 |
| (F) The great seal of the state or a facsimile of it may be | 447 |
|
affixed to or printed on the obligations. The obligations | 448 |
|
requiring
execution by or for the issuing authority shall be | 449 |
|
signed as
provided in the bond proceedings. Any obligations may
be | 450 |
|
signed
by the individual who on the date of execution is the | 451 |
|
authorized
signer although on the date of these obligations that | 452 |
|
individual
is not an authorized signer. In case the individual | 453 |
|
whose
signature or facsimile signature appears on any obligation | 454 |
|
ceases
to be an authorized signer before delivery of the | 455 |
|
obligation, that
signature or facsimile is nevertheless valid and | 456 |
|
sufficient for
all purposes as if that individual had remained the | 457 |
|
authorized
signer until delivery. | 458 |
| (G) Obligations are investment securities under Chapter
1308. | 459 |
|
of the Revised Code. Obligations may be issued in bearer or
in | 460 |
|
registered form, registrable as to principal alone or as to
both | 461 |
|
principal and interest, or both, or in certificated or | 462 |
|
uncertificated form, as the issuing authority determines.
| 463 |
|
Provision may be made for the exchange, conversion, or transfer of | 464 |
|
obligations and for reasonable charges for registration, exchange, | 465 |
|
conversion, and transfer. Pending preparation of final | 466 |
|
obligations, the issuing authority may provide for the issuance of | 467 |
|
interim instruments to be exchanged for the final obligations. | 468 |
| (I) Except to the extent that rights are restricted by the | 473 |
|
bond
proceedings, any owner of obligations or provider of a credit | 474 |
|
enhancement facility may by any suitable form of legal proceedings | 475 |
|
protect and enforce any rights relating to obligations or that | 476 |
|
facility under the laws of this state or granted by the bond | 477 |
|
proceedings. Those rights include the right to compel the | 478 |
|
performance of all applicable duties of the issuing authority and | 479 |
|
the state. Each duty of the issuing authority and that
authority's | 480 |
|
officers, staff, and employees, and of each state
entity or | 481 |
|
agency, or using district or using institution, and its
officers, | 482 |
|
members, staff, or employees, undertaken pursuant to the
bond | 483 |
|
proceedings, is hereby established as a duty of the entity or | 484 |
|
individual having authority to perform that duty, specifically | 485 |
|
enjoined by law and resulting from an office, trust, or station | 486 |
|
within the meaning of section 2731.01 of the Revised Code. The | 487 |
|
individuals who are from time to time the issuing authority, | 488 |
|
members or
officers of the
issuing authority, or those members' | 489 |
|
designees acting pursuant to
section 151.02 of the Revised Code, | 490 |
|
or the issuing authority's officers,
staff, or employees, are not | 491 |
|
liable in their personal capacities on any
obligations or | 492 |
|
otherwise under the bond proceedings. | 493 |
| (a) Obligations in the form of bond anticipation notes, and | 500 |
|
may
provide for the renewal of those notes from time to time by | 501 |
|
the
issuance of new notes. The holders of notes or appertaining | 502 |
|
interest coupons have the right to have debt service on those | 503 |
|
notes paid solely from the moneys and special funds that are or | 504 |
|
may be pledged to that payment, including the proceeds of bonds or | 505 |
|
renewal notes or both, as the issuing authority provides in the | 506 |
|
bond proceedings authorizing the notes. Notes may be additionally | 507 |
|
secured by covenants of the issuing authority to the effect that | 508 |
|
the issuing authority and the state will do all things necessary | 509 |
|
for the issuance of bonds or renewal notes in such principal | 510 |
|
amount and upon such terms as may be necessary to provide moneys | 511 |
|
to pay when due the debt service on the notes, and apply their | 512 |
|
proceeds to the extent necessary, to make full and timely payment | 513 |
|
of debt service on the notes as provided in the applicable bond | 514 |
|
proceedings.
In the bond proceedings authorizing the issuance of | 515 |
|
bond
anticipation notes the issuing authority shall set forth for | 516 |
|
the
bonds anticipated an estimated schedule of annual principal | 517 |
|
payments
the latest of which shall be no later than provided in | 518 |
|
division
(C) of this section. While the notes are outstanding | 519 |
|
there shall
be deposited, as shall be provided in the bond | 520 |
|
proceedings for
those notes, from the sources authorized for | 521 |
|
payment of debt
service on the bonds, amounts sufficient to pay | 522 |
|
the principal of
the bonds anticipated as set forth in that | 523 |
|
estimated schedule
during the time the notes are outstanding, | 524 |
|
which amounts shall be
used solely to pay the principal of those | 525 |
|
notes or of the bonds
anticipated. | 526 |
| (b) Obligations for the refunding, including funding and | 527 |
|
retirement, and advance refunding with or without payment or | 528 |
|
redemption prior to maturity, of any obligations previously | 529 |
|
issued.
Refunding obligations may be issued in amounts sufficient | 530 |
|
to pay
or to provide for repayment of the principal amount, | 531 |
|
including
principal amounts maturing prior to the redemption of | 532 |
|
the
remaining prior obligations, any redemption premium, and | 533 |
|
interest
accrued or to accrue to the maturity or redemption date | 534 |
|
or dates,
payable on the prior obligations, and related financing | 535 |
|
costs and
any expenses incurred or to be incurred in connection | 536 |
|
with that
issuance and refunding. Subject to the applicable bond | 537 |
|
proceedings, the portion of the proceeds of the sale of refunding | 538 |
|
obligations issued under division (J)(1)(b) of this
section to be | 539 |
|
applied to
debt service on the prior obligations shall be credited | 540 |
|
to an
appropriate separate account in the bond service fund and | 541 |
|
held in
trust for the purpose by the issuing authority or by a | 542 |
|
corporate
trustee. Obligations authorized under this division | 543 |
|
shall be
considered to be issued for those purposes for which the | 544 |
|
prior
obligations were issued. | 545 |
| (K) Obligations are lawful investments for banks, savings
and | 556 |
|
loan associations, credit union share guaranty corporations,
trust | 557 |
|
companies, trustees, fiduciaries, insurance companies,
including | 558 |
|
domestic for life and domestic not for life, trustees or
other | 559 |
|
officers having charge of sinking and bond retirement or
other | 560 |
|
special funds of the state and political subdivisions and
taxing | 561 |
|
districts of this state, the sinking fund, the
administrator of | 562 |
|
workers' compensation subject to the approval of
the workers' | 563 |
|
compensation board, the state teachers retirement
system, the | 564 |
|
public employees retirement system, the school
employees | 565 |
|
retirement system, and the Ohio police and fire
pension
fund, | 566 |
|
notwithstanding any other provisions of the Revised Code or
rules | 567 |
|
adopted pursuant to those provisions by any state
agency
with | 568 |
|
respect to investments by them, and are also
acceptable as | 569 |
|
security for the repayment of the deposit of public
moneys. The | 570 |
|
exemptions from taxation in Ohio as provided for in
particular | 571 |
|
sections of the Ohio Constitution and section
5709.76 of the | 572 |
|
Revised Code apply to the obligations. | 573 |
| (M) The full faith and credit, revenue, and taxing power of | 584 |
|
the
state are and shall be pledged to the timely payment of debt | 585 |
|
service on outstanding obligations as it comes due, all in | 586 |
|
accordance with Section
2k, 2l, 2m, 2n,
2o, 2p, 2q, or 15 of | 587 |
|
Article VIII,
Ohio
Constitution, and section 151.03, 151.04, | 588 |
|
151.05, 151.06,
151.07,
151.08, 151.09, 151.10, or 151.11 of the | 589 |
|
Revised Code. Moneys referred
to in Section
5a
of Article XII, | 590 |
|
Ohio Constitution, may not be
pledged or used
for
the payment of | 591 |
|
debt service except on
obligations referred to
in
section 151.06 | 592 |
|
of the Revised Code.
Net
state lottery proceeds, as provided for | 593 |
|
and referred to in section
3770.06 of the Revised Code, may not be | 594 |
|
pledged or used for the
payment of debt service except on | 595 |
|
obligations referred to in
section 151.03 of the Revised Code.
The | 596 |
|
state covenants, and
that
covenant shall be controlling | 597 |
|
notwithstanding any other
provision
of law, that the state and the | 598 |
|
applicable officers and
agencies of
the state, including the | 599 |
|
general assembly, shall, so
long as any
obligations are | 600 |
|
outstanding in accordance with their
terms,
maintain statutory | 601 |
|
authority for and cause to be levied,
collected
and applied | 602 |
|
sufficient pledged excises, taxes, and
revenues of the
state so | 603 |
|
that the revenues shall be sufficient in
amounts to pay
debt | 604 |
|
service when due, to establish and maintain
any reserves and
other | 605 |
|
requirements, and to pay financing costs,
including costs of
or | 606 |
|
relating to credit enhancement facilities,
all as provided for
in | 607 |
|
the bond proceedings. Those excises,
taxes, and revenues are
and | 608 |
|
shall be deemed to be levied and
collected, in addition to the | 609 |
|
purposes otherwise provided for by
law, to provide for the payment | 610 |
|
of debt service and financing
costs in accordance with sections | 611 |
|
151.01 to
151.11 of the Revised Code and the
bond
proceedings. | 612 |
| (N) The general assembly may from time to time repeal or | 613 |
|
reduce
any excise, tax, or other source of revenue pledged to the | 614 |
|
payment
of the debt service pursuant to Section
2k, 2l, 2m, 2n, | 615 |
|
2o, 2p, 2q, or
15
of
Article VIII, Ohio Constitution, and sections | 616 |
|
151.01
to
151.11 or 151.40
of the Revised Code, and may levy, | 617 |
|
collect
and
apply
any
new or
increased excise, tax, or revenue to | 618 |
|
meet the
pledge,
to
the
payment of debt service on outstanding | 619 |
|
obligations,
of the
state's
full faith and credit, revenue and | 620 |
|
taxing power,
or
of designated revenues and receipts, except
fees, | 621 |
|
excises or taxes
referred to in Section 5a of
Article XII,
Ohio | 622 |
|
Constitution, for
other than obligations referred to in
section
| 623 |
|
151.06 of the
Revised Code and except net state lottery
proceeds | 624 |
|
for other than
obligations referred to in section 151.03
of the | 625 |
|
Revised Code.
Nothing in division (N) of this section
authorizes | 626 |
|
any
impairment
of the obligation of this state to levy
and collect | 627 |
|
sufficient
excises, taxes, and revenues to pay debt
service on | 628 |
|
obligations
outstanding in accordance with their terms. | 629 |
| (Q)
The issuing authority shall by the
fifteenth day of
July | 647 |
|
of each fiscal year, certify or cause to
be certified to the | 648 |
|
office of budget and
management the total
amount of moneys | 649 |
|
required during the current
fiscal year to meet
in full all debt | 650 |
|
service on the respective
obligations and any
related financing | 651 |
|
costs payable from the
applicable bond service
fund and not from | 652 |
|
the proceeds of
refunding or renewal
obligations. The issuing | 653 |
|
authority
shall make or cause to be made
supplemental | 654 |
|
certifications to the
office of budget and management
for each | 655 |
|
debt service payment date
and at such other times during
each | 656 |
|
fiscal year as may be provided
in the bond proceedings or | 657 |
|
requested by that office. Debt
service, costs of credit | 658 |
|
enhancement facilities, and other
financing costs shall be set | 659 |
|
forth separately in each
certification. If and so long as the | 660 |
|
moneys to
the credit of the bond service fund, together with any | 661 |
|
other
moneys available for the purpose, are insufficient to meet | 662 |
|
in full
all payments when due of the amount required as stated in | 663 |
|
the
certificate or otherwise, the office of budget and management | 664 |
|
shall at the times as provided in the bond proceedings, and | 665 |
|
consistent with any particular provisions in sections 151.03 to
| 666 |
|
151.11 and 151.40 of the Revised Code, transfer a sufficient | 667 |
|
amount to
the
bond service fund from the pledged revenues in the | 668 |
|
case of obligations issued pursuant to section 151.40 of the | 669 |
|
Revised Code, and in the case of other obligations from the | 670 |
|
revenues derived from excises,
taxes,
and other revenues, | 671 |
|
including net state lottery proceeds in
the
case of obligations | 672 |
|
referred to in section 151.03 of the
Revised
Code. | 673 |
| (B)(1) The issuing authority shall issue general
obligations | 712 |
|
of the state to pay
costs of conservation projects
pursuant to | 713 |
|
division (B)(1) of
Section 2o of Article VIII, Ohio
Constitution, | 714 |
| division (B)(1) of Section 2q of Article VIII, Ohio Constitution, | 715 |
|
section 151.01 of
the Revised Code, and this
section. The issuing | 716 |
|
authority, upon
the certification to it by
the Ohio public works | 717 |
|
commission of amounts needed in and for the
purposes of the clean | 718 |
|
Ohio conservation
fund created by section
164.27 of the Revised | 719 |
|
Code, the clean
Ohio agricultural easement
fund created by
section | 720 |
|
901.21 of the
Revised Code, and the clean
Ohio trail fund
created | 721 |
|
by section
1519.05 of the Revised Code,
shall issue
obligations in | 722 |
|
the amount determined by the
issuing
authority to
be required for | 723 |
those purposes. Not more than twofour hundred million dollars | 724 |
|
principal
amount of
obligations issued under this section for | 725 |
|
conservation purposes may be outstanding at any one time. Not more | 726 |
|
than fifty million dollars principal amount of obligations, plus | 727 |
|
the principal amount of obligations that in any prior fiscal year | 728 |
|
could have been, but were not issued within the | 729 |
|
fifty-million-dollar fiscal year limit, may be issued in any | 730 |
|
fiscal year. | 731 |
| (D) There is hereby created in the state treasury the | 747 |
|
conservation projects bond service fund. All moneys received by | 748 |
|
the
state and required by the bond proceedings, consistent with | 749 |
|
section 151.01 of the Revised Code and this section, to be | 750 |
|
deposited,
transferred, or credited to the bond service fund, and | 751 |
|
all other
moneys transferred or allocated to or received for the | 752 |
|
purposes of
that fund, shall be deposited and credited to the bond | 753 |
|
service
fund, subject to any applicable provisions of the bond | 754 |
|
proceedings, but without necessity for any act of appropriation. | 755 |
|
During the period beginning with the date of the first issuance of | 756 |
|
obligations and continuing during the time that any obligations | 757 |
|
are outstanding in accordance with their terms, so long as moneys | 758 |
|
in the bond service fund are insufficient to pay debt service when | 759 |
|
due on those obligations payable from that fund, except the | 760 |
|
principal amounts of bond anticipation notes payable from the | 761 |
|
proceeds of renewal notes or bonds anticipated, and due in the | 762 |
|
particular fiscal year, a sufficient amount of revenues of the | 763 |
|
state is committed and, without necessity for further act of | 764 |
|
appropriation, shall be paid to the bond service fund for the | 765 |
|
purpose of paying that debt service when due. | 766 |
| (5) "Pledged liquor profits" means all receipts of the
state | 780 |
|
representing the gross profit on the sale of spirituous
liquor, as | 781 |
|
referred to in division (B)(4) of section 4301.10 of
the Revised | 782 |
|
Code, after paying all costs and expenses of the
division of | 783 |
|
liquor control and providing an adequate working
capital reserve | 784 |
|
for the division of liquor control as provided in
that division, | 785 |
|
but excluding the sum required by the second
paragraph of section | 786 |
|
4301.12 of the Revised Code, as it was in
effect on May 2, 1980, | 787 |
|
to be paid into the state treasury. | 788 |
| (B)(1) The issuing authority shall issue obligations of the | 807 |
|
state to pay
costs of revitalization projects pursuant to division | 808 |
|
(B)(2) of
Section 2o of Article VIII, Ohio Constitution, division | 809 |
|
(B)(2) of Section 2q of Article VIII, Ohio Constitution, section | 810 |
|
151.01 of
the Revised Code as applicable to this section, and this | 811 |
|
section. The issuing authority, upon
the certification to it by | 812 |
|
the clean Ohio council of the amount of
moneys needed in and for | 813 |
|
the purposes of the clean Ohio revitalization
fund created by | 814 |
|
section 122.658 of the Revised Code, shall issue
obligations in | 815 |
|
the
amount determined by the issuing
authority to be required for | 816 |
those purposes. Not more than twofour hundred million dollars | 817 |
|
principal amount of obligations issued
under this section for | 818 |
|
revitalization purposes may be outstanding at any one time. Not | 819 |
|
more than fifty million dollars principal amount of obligations, | 820 |
|
plus the principal amount of obligations that in any prior fiscal | 821 |
|
year could have been, but were not issued within the | 822 |
|
fifty-million-dollar fiscal year limit, may be issued in any | 823 |
|
fiscal year. | 824 |
| (D) There is hereby created the
revitalization projects
bond | 832 |
|
service fund, which shall be in the custody of the treasurer
of | 833 |
|
state, but shall be separate and apart from and not a part of
the | 834 |
|
state treasury. All money received by
the state and required
by | 835 |
|
the bond proceedings, consistent with
section 151.01 of the | 836 |
|
Revised Code and this section, to be
deposited, transferred, or | 837 |
|
credited to the bond service fund, and
all other money transferred | 838 |
|
or allocated to or received for the
purposes of that fund, shall | 839 |
|
be deposited and credited to the bond
service fund, subject to any | 840 |
|
applicable provisions of the bond
proceedings, but without | 841 |
|
necessity for any act of appropriation.
During the period | 842 |
|
beginning with the date of the first issuance of
obligations and | 843 |
|
continuing during the time that any obligations
are outstanding in | 844 |
|
accordance with their terms, so long as moneys
in the bond service | 845 |
|
fund are insufficient to pay debt service when
due on those | 846 |
|
obligations payable from that fund, except the
principal amounts | 847 |
|
of bond anticipation notes payable from the
proceeds of renewal | 848 |
|
notes or bonds anticipated, and due in the
particular fiscal year, | 849 |
|
a sufficient amount of pledged receipts is
committed and, without | 850 |
|
necessity for further act of appropriation,
shall be paid to the | 851 |
|
bond service fund for the purpose of paying
that debt service when | 852 |
|
due. | 853 |
| (F) The issuing authority may covenant in the bond | 863 |
|
proceedings, and such covenants shall be controlling | 864 |
|
notwithstanding any other provision of law, that the state and | 865 |
|
applicable officers and state agencies, including the general | 866 |
|
assembly, so long as any obligations issued under this section are | 867 |
|
outstanding, shall maintain statutory authority for and cause to | 868 |
|
be charged and collected wholesale or retail prices for spirituous | 869 |
|
liquor sold by the state or its agents so that the available | 870 |
|
pledged receipts are sufficient in time and amount to meet debt | 871 |
|
service payable from pledged liquor profits and for the | 872 |
|
establishment and maintenance of any reserves and other | 873 |
|
requirements provided for in the bond proceedings. | 874 |
| (H) The obligations shall not be
general obligations of the | 896 |
|
state and the full faith and credit, revenue, and taxing power of | 897 |
|
the state shall not be pledged to the payment of debt service on | 898 |
|
them. The holders
or owners of the obligations shall have no right | 899 |
|
to have any moneys obligated or
pledged for the payment of debt | 900 |
|
service except as provided in
this section and in the applicable | 901 |
|
bond proceedings. The rights
of the holders and owners to payment | 902 |
|
of debt service are limited
to all or that portion of the pledged | 903 |
|
receipts, and those special
funds, pledged to the payment of debt | 904 |
|
service pursuant to the bond
proceedings in accordance with this | 905 |
|
section, and each obligation
shall bear on its face a statement to | 906 |
|
that effect. | 907 |
| Sec. 1548.14. (A) The chief of the division of watercraft, | 908 |
upon the application of any person and payment of the proper
fees | 909 |
| fee, may prepare and furnish title information in such form and | 910 |
subject to such territorial division or other classification as
he | 911 |
| the chief may direct. The chief may search the records of
the | 912 |
division of watercraft and makefurnish reports thereof, and make | 913 |
photographic
copies of the divisionthose records and attestations | 914 |
thereofunder the signature of the chief. In addition, the | 915 |
|
registrar of motor vehicles and the clerk of the court of common | 916 |
|
pleas, upon the application of any person and payment of the | 917 |
|
proper fee, may prepare and furnish title information in such form | 918 |
|
and subject to such territorial division or other classification | 919 |
|
as the registrar or clerk may direct. The registrar and the clerk | 920 |
|
may search the records of the bureau of motor vehicles of | 921 |
|
certificates of title issued under this chapter and issue reports | 922 |
|
of those records under the signature of the registrar or clerk, as | 923 |
|
the case may be. | 924 |
| (C)(1) Fees collected as provided in this section prior to | 940 |
|
October 1, 2009, shall be
received by the chief, the registrar, or | 941 |
|
the clerk, as the case may be. The chief shall pay all such fees | 942 |
|
into the state treasury to the credit of the waterways safety fund | 943 |
|
established under section 1547.75 of the Revised Code after | 944 |
|
complying with section 1548.22 of the Revised Code, the
registrar | 945 |
|
shall pay all such fees into the state treasury to the
credit of | 946 |
|
the state bureau of motor vehicles fund established in
section | 947 |
|
4501.25 of the Revised Code, and the clerk of the court of
common | 948 |
|
pleas shall deposit all such fees into the certificate of
title | 949 |
|
administration fund created by section 325.33 of the Revised | 950 |
|
Code. | 951 |
| (a) Of the eight-dollar fee the chief collects under this | 953 |
|
section, the chief shall deposit two dollars into the state | 954 |
|
treasury to the credit of the waterways safety fund established | 955 |
|
under section 1547.75 of the Revised Code after complying with | 956 |
|
section 1548.22 of the Revised Code, one dollar and
twenty-five | 957 |
|
cents into the state treasury to the credit of the
trauma and | 958 |
|
emergency medical services fund established in section
4513.263 | 959 |
|
of the Revised Code, one dollar and twenty-five cents
into the | 960 |
|
state treasury to the credit of the homeland security
fund | 961 |
|
established under section 5502.03 of the Revised Code, | 962 |
|
seventy-five cents into the state treasury to the credit of the | 963 |
|
investigations fund established in section 5502.131 of the Revised | 964 |
|
Code, two dollars and twenty-five cents into the state treasury to | 965 |
|
the credit of the emergency management agency service and | 966 |
|
reimbursement fund established in section 5502.39 of the Revised | 967 |
|
Code, and fifty cents into the state treasury to the credit of the | 968 |
|
justice program services fund established in section 5502.67 of | 969 |
|
the Revised Code. | 970 |
| (b) The registrar shall deposit two dollars of each fee the | 971 |
|
registrar collects under this section into the state treasury to | 972 |
|
the credit of the state bureau of motor vehicles fund established | 973 |
|
in section 4501.25 of the Revised Code. Of the remaining six | 974 |
|
dollars of each such fee the registrar collects, the registrar | 975 |
|
shall deposit one dollar and twenty-five cents into the state | 976 |
|
treasury to the credit of the trauma and emergency medical | 977 |
|
services fund established in section 4513.263 of the Revised Code, | 978 |
|
one dollar and twenty-five cents into the state treasury to the | 979 |
|
credit of the homeland security fund established under section | 980 |
|
5502.03 of the Revised Code, seventy-five cents into the state | 981 |
|
treasury to the credit of the investigations fund established in | 982 |
|
section 5502.131 of the Revised Code, two dollars and twenty-five | 983 |
|
cents into the state treasury to the credit of the emergency | 984 |
|
management agency service and reimbursement fund established in | 985 |
|
section 5502.39 of the Revised Code, and fifty cents into the | 986 |
|
state treasury to the credit of the justice program services fund | 987 |
|
established in section 5502.67 of the Revised Code. | 988 |
| (c) The clerk of the court of common pleas shall deposit two | 989 |
|
dollars of each fee the clerk collects under this section into the | 990 |
|
certificate of title administration fund created by section 325.33 | 991 |
|
of the Revised Code. The clerk shall forward the remaining six | 992 |
|
dollars to the registrar not later than the fifth day of the month | 993 |
|
next succeeding that in which the transaction occurred. Of that | 994 |
|
remaining six dollars, the registrar shall deposit one dollar and | 995 |
|
twenty-five cents into the state treasury to the credit of the | 996 |
|
trauma and emergency medical services fund established in section | 997 |
|
4513.263 of the Revised Code, one dollar and twenty-five cents | 998 |
|
into the state treasury to the credit of the homeland security | 999 |
|
fund established under section 5502.03 of the Revised Code, | 1000 |
|
seventy-five cents into the state treasury to the credit of the | 1001 |
|
investigations fund established in section 5502.131 of the Revised | 1002 |
|
Code, two dollars and twenty-five cents into the state treasury to | 1003 |
|
the credit of the emergency management agency service and | 1004 |
|
reimbursement fund established in section 5502.39 of the Revised | 1005 |
|
Code, and fifty cents into the state treasury to the credit of the | 1006 |
|
justice program services fund established in section 5502.67 of | 1007 |
|
the Revised Code. | 1008 |
| The clerk of the court shall transmit thirty-five per cent of | 1015 |
|
all
additional court
costs collected pursuant to this division | 1016 |
|
during
a month on or before the
twenty-third day of the | 1017 |
following month to the
division of
criminal justice services, | 1018 |
and the division of
criminal justice
services shall deposit the | 1019 |
money
so transmitted
intostate treasury of which ninety-seven | 1020 |
|
per cent shall be credited to the drug law enforcement fund | 1021 |
|
created
under
section 5502.68
of the Revised Code and the | 1022 |
|
remaining three per cent shall be credited to the justice program | 1023 |
|
services fund created under section 5502.67 of the Revised Code. | 1024 |
|
The clerk shall
transmit fifteen per cent of
all additional | 1025 |
|
court costs so
collected during a month on or before the | 1026 |
|
twenty-third day of the
following month to the state treasury to | 1027 |
|
be credited to the
indigent drivers alcohol treatment fund | 1028 |
|
created
under section
4511.191 of the Revised Code and to be | 1029 |
|
distributed
by the
department of alcohol and drug addiction | 1030 |
|
services as
provided in
division (H) of that section. The clerk | 1031 |
|
shall
transmit fifty per
cent of all additional court costs so | 1032 |
|
collected
during a month on
or before the twenty-third day of | 1033 |
|
the following month to
the
state treasury to be credited to the | 1034 |
|
indigent
defense support
fund created pursuant to section 120.08 | 1035 |
|
of the
Revised Code. | 1036 |
| The clerk of the court shall transmit thirty-five per cent of | 1044 |
|
all
additional court
costs collected pursuant to this division | 1045 |
|
during
a month on or before the
twenty-third day of the | 1046 |
following month to the
division of
criminal justice services, | 1047 |
and the division of
criminal justice
services shall deposit the | 1048 |
money
so transmitted intostate treasury of which ninety-seven | 1049 |
|
per cent shall be credited to the drug law enforcement fund | 1050 |
|
created
under
section 5502.68
of the Revised Code and the | 1051 |
|
remaining three per cent shall be credited to the justice program | 1052 |
|
services fund created under section 5502.67 of the Revised Code. | 1053 |
|
The clerk shall
transmit fifteen per cent of
all additional | 1054 |
|
court costs so
collected during a month on or before the | 1055 |
|
twenty-third day of the
following month to the state treasury to | 1056 |
|
be credited to the
indigent drivers alcohol treatment fund | 1057 |
|
created
under that
section 4511.191 of the Revised Code and to | 1058 |
|
be
distributed by the
department of alcohol and drug addiction | 1059 |
|
services as provided in
division (H) of that section. The clerk | 1060 |
|
shall
transmit fifty per
cent of all additional court costs so | 1061 |
|
collected
during a month
on or before the twenty-third day of | 1062 |
|
the
following month to
the
state treasury to be credited to the | 1063 |
|
indigent
defense support
fund created pursuant to section 120.08 | 1064 |
|
of the
Revised Code. | 1065 |
| (C) Whenever a person is charged with any offense that is a | 1066 |
|
moving violation and posts bail, the court shall add to the amount | 1067 |
|
of the bail the ten dollars required to be paid by division (A) | 1068 |
|
of this section. The clerk of the court shall retain the ten | 1069 |
|
dollars until the person is convicted, pleads guilty, forfeits | 1070 |
|
bail, is found not guilty, or has the charges dismissed. If the | 1071 |
|
person is convicted, pleads guilty, or forfeits bail, the clerk | 1072 |
|
shall transmit three dollars and fifty cents out of the ten | 1073 |
dollars to the
division of criminal
justice services, and the | 1074 |
division of
criminal justice services
shall deposit the money so | 1075 |
transmitted
intostate treasury of which ninety-seven per cent | 1076 |
|
shall be credited to the drug law enforcement fund created under | 1077 |
|
section 5502.68
of the Revised Code and the remaining three per | 1078 |
|
cent shall be credited to the justice program services fund | 1079 |
|
created under section 5502.67 of the Revised Code, the clerk shall | 1080 |
|
transmit one
dollar and fifty
cents out
of
the ten dollars to | 1081 |
|
the state
treasury to be
credited to the
indigent drivers | 1082 |
|
alcohol
treatment fund created
under section
4511.191 of the | 1083 |
|
Revised
Code and to be distributed
by the
department of alcohol | 1084 |
|
and drug
addiction services as
provided in
division (H) of that | 1085 |
|
section,
and the clerk shall
transmit five
dollars out of the | 1086 |
|
ten dollars
to the state
treasury to be
credited to the | 1087 |
|
indigent defense
support fund
created under
section 120.08 of | 1088 |
|
the Revised Code.
If the person
is found not
guilty or
the | 1089 |
|
charges are
dismissed, the clerk
shall return the
ten
dollars | 1090 |
|
to the
person. | 1091 |
| (B)
"Motor vehicle" means any vehicle, including
mobile
homes
| 1113 |
|
and recreational vehicles, that is
propelled or drawn
by
power
| 1114 |
|
other than muscular power or power collected from
overhead
| 1115 |
|
electric trolley wires.
"Motor
vehicle" does not include utility | 1116 |
|
vehicles as defined in division (VV) of this section,
motorized
| 1117 |
|
bicycles, road
rollers, traction engines, power
shovels,
power
| 1118 |
|
cranes, and other
equipment used in construction
work and
not
| 1119 |
|
designed for or
employed in general highway
transportation,
| 1120 |
|
well-drilling
machinery, ditch-digging
machinery, farm machinery,
| 1121 |
|
and trailers that are
designed and
used exclusively to transport a
| 1122 |
|
boat between a
place of storage
and a marina, or in and around a
| 1123 |
|
marina, when
drawn or towed on a
public road or highway for a
| 1124 |
|
distance of no
more than ten miles
and at a speed of twenty-five
| 1125 |
|
miles per hour
or less. | 1126 |
| (F)
"Collector's vehicle" means any motor vehicle or
| 1141 |
|
agricultural tractor or traction engine that is of special
| 1142 |
|
interest,
that has a fair market value of one hundred dollars or
| 1143 |
|
more,
whether operable or not, and that is owned, operated,
| 1144 |
|
collected,
preserved, restored, maintained, or used essentially
as
| 1145 |
|
a
collector's item, leisure pursuit, or investment, but not
as the
| 1146 |
|
owner's principal means of transportation.
"Licensed
collector's
| 1147 |
|
vehicle" means a collector's vehicle, other than an
agricultural
| 1148 |
|
tractor or traction engine, that displays current,
valid license
| 1149 |
|
tags issued under section 4503.45 of the Revised
Code, or a
| 1150 |
|
similar type of motor vehicle that displays current,
valid
license
| 1151 |
|
tags issued under substantially equivalent
provisions in
the laws
| 1152 |
|
of other states. | 1153 |
| (M)
"Trailer" means any vehicle without motive power
that
is
| 1184 |
|
designed or used for carrying property or persons wholly on
its
| 1185 |
|
own structure and for being drawn by a motor vehicle, and
includes
| 1186 |
|
any such vehicle that is formed by or operated as a
combination of
| 1187 |
|
a semitrailer and a vehicle of the dolly type such
as that
| 1188 |
|
commonly known as a trailer dolly, a vehicle used to
transport
| 1189 |
|
agricultural produce or agricultural production
materials between
| 1190 |
|
a local place of storage or supply and the farm
when drawn or
| 1191 |
|
towed on a public road or highway at a speed
greater than
| 1192 |
|
twenty-five miles per hour, and a vehicle that is
designed
and
| 1193 |
|
used exclusively to transport a boat between a
place of
storage
| 1194 |
|
and a marina, or in and around a marina, when
drawn or
towed on a
| 1195 |
|
public road or highway for a distance of
more than ten
miles or at
| 1196 |
|
a speed of more than twenty-five miles
per hour.
"Trailer" does
| 1197 |
|
not include a manufactured home or
travel trailer. | 1198 |
| (P)
"Semitrailer" means any vehicle of the trailer type
that
| 1215 |
|
does not have motive power and is so designed or used with
another
| 1216 |
|
and
separate motor vehicle that in operation a part of
its own
| 1217 |
|
weight
or that of its load, or both, rests upon and is
carried by
| 1218 |
|
the other vehicle
furnishing the motive power for
propelling
| 1219 |
|
itself
and the vehicle referred to in this division,
and includes,
| 1220 |
|
for
the purpose only of registration and taxation
under those
| 1221 |
|
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
| 1222 |
|
that is designed or used for the conversion of a
semitrailer into
| 1223 |
|
a
trailer. | 1224 |
| (U)
"Farm machinery" means all machines and tools that are
| 1275 |
|
used in
the production, harvesting, and care of farm products,
and
| 1276 |
|
includes trailers
that are used to transport agricultural
produce
| 1277 |
|
or agricultural
production materials between a local
place of
| 1278 |
|
storage or supply
and the farm,
agricultural tractors, threshing | 1279 |
|
machinery, hay-baling machinery,
corn shellers, hammermills, and | 1280 |
|
machinery used in the production
of horticultural, agricultural, | 1281 |
|
and vegetable products. | 1282 |
| (W)
"Manufacturer" and
"dealer" include all persons
and
firms | 1287 |
|
that are regularly engaged in the
business
of
manufacturing, | 1288 |
|
selling, displaying, offering for
sale, or
dealing
in motor | 1289 |
|
vehicles, at an established place of
business
that is
used | 1290 |
|
exclusively for the purpose of
manufacturing,
selling,
displaying, | 1291 |
|
offering for sale, or
dealing in motor
vehicles. A
place of | 1292 |
|
business that is used for
manufacturing,
selling,
displaying, | 1293 |
|
offering for sale, or
dealing in motor
vehicles shall
be deemed to | 1294 |
|
be used exclusively
for those purposes
even though
snowmobiles or | 1295 |
|
all-purpose
vehicles are sold or
displayed for
sale
thereat, even | 1296 |
|
though
farm machinery is sold or
displayed
for
sale
thereat, or | 1297 |
|
even
though repair, accessory,
gasoline
and oil,
storage, parts, | 1298 |
|
service, or paint departments
are
maintained
thereat, or, in any | 1299 |
|
county having a population of
less than
seventy-five thousand
at | 1300 |
|
the last federal
census,
even
though a department in
a place of | 1301 |
|
business is used to
dismantle,
salvage, or rebuild
motor vehicles | 1302 |
|
by means of used
parts, if
such
departments are
operated for the | 1303 |
|
purpose of
furthering and
assisting in the
business of | 1304 |
|
manufacturing,
selling, displaying,
offering for
sale, or dealing | 1305 |
|
in motor
vehicles. Places of
business or
departments in a place of
| 1306 |
|
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
| 1307 |
|
means of using
used parts
are not
considered as being
maintained
| 1308 |
|
for the purpose
of
assisting or
furthering the
manufacturing,
| 1309 |
|
selling,
displaying,
and offering
for sale or
dealing in motor
| 1310 |
|
vehicles. | 1311 |
| (Y)
"Chauffeur" means any operator who operates a motor
| 1314 |
|
vehicle, other than a taxicab, as an employee for hire; or any
| 1315 |
|
operator whether or not the owner of a motor vehicle, other than
a
| 1316 |
|
taxicab, who operates such vehicle for transporting, for gain,
| 1317 |
|
compensation, or profit, either persons or property owned by
| 1318 |
|
another. Any operator of a motor vehicle who is voluntarily
| 1319 |
|
involved in
a ridesharing arrangement is not considered an
| 1320 |
|
employee for hire
or operating such vehicle for gain,
| 1321 |
|
compensation, or profit. | 1322 |
| (VV) "Utility vehicle" means a self-propelled vehicle | 1440 |
|
designed with a bed, principally for the purpose of transporting | 1441 |
|
material or cargo in connection with construction, agricultural, | 1442 |
|
forestry, grounds maintenance, lawn and garden, materials | 1443 |
|
handling, or similar activities. "Utility vehicle" includes a | 1444 |
|
vehicle with a maximum attainable speed of twenty miles per hour | 1445 |
|
or less that is used exclusively within the boundaries of state | 1446 |
|
parks by state park employees or volunteers for the operation or | 1447 |
|
maintenance of state park facilities. | 1448 |
| Sec. 4501.03. The registrar of motor vehicles shall open
an | 1449 |
|
account with each county and district of registration in the | 1450 |
|
state, and may assign each county and district of registration in | 1451 |
|
the state a unique code for identification purposes. Except as | 1452 |
provided
in
section 4501.044 or division (B)(A) (1) of section | 1453 |
|
4501.045 of the
Revised Code, the registrar shall pay all moneys | 1454 |
|
the registrar receives
under
sections 4503.02, 4503.12, and | 1455 |
|
4504.09 of the Revised Code into
the state treasury to the credit | 1456 |
|
of the auto registration
distribution fund, which is hereby | 1457 |
|
created, for distribution in
the manner provided for in this | 1458 |
|
section and sections 4501.04,
4501.041, 4501.042, and 4501.043 of | 1459 |
|
the Revised Code. All other
moneys received by the registrar shall | 1460 |
|
be deposited in the state
bureau of motor vehicles fund | 1461 |
|
established in section 4501.25 of the Revised
Code for the | 1462 |
|
purposes enumerated in that section, unless otherwise provided by | 1463 |
|
law. | 1464 |
| All moneys credited to the auto registration distribution | 1465 |
|
fund shall be distributed to the counties and districts of | 1466 |
|
registration, except for funds received by the registrar under | 1467 |
|
section
4504.09 of the Revised Code, after receipt of | 1468 |
|
certifications from
the commissioners of the sinking fund | 1469 |
|
certifying, as required by
sections 5528.15 and 5528.35 of the | 1470 |
|
Revised Code, that there are
sufficient moneys to the credit of | 1471 |
|
the highway improvement bond
retirement fund created by section | 1472 |
|
5528.12 of the Revised Code to
meet in full all payments of | 1473 |
|
interest, principal, and charges for
the retirement of bonds and | 1474 |
|
other obligations issued pursuant to
Section 2g of Article VIII, | 1475 |
|
Ohio Constitution, and sections
5528.10 and 5528.11 of the Revised | 1476 |
|
Code due and payable during
the current calendar year, and that | 1477 |
|
there are sufficient moneys
to the credit of the highway | 1478 |
|
obligations bond retirement fund
created by section 5528.32 of the | 1479 |
|
Revised Code to meet in full
all payments of interest, principal, | 1480 |
|
and charges for the
retirement of highway obligations issued | 1481 |
|
pursuant to Section 2i
of Article VIII, Ohio Constitution, and | 1482 |
|
sections 5528.30 and
5528.31 of the Revised Code due and payable | 1483 |
|
during the current
calendar year, in the manner provided in | 1484 |
|
section 4501.04 of the
Revised Code. | 1485 |
| All moneys received by the registrar under sections
4503.02, | 1506 |
|
4503.12, and 4504.09 of the Revised Code shall be
distributed to | 1507 |
|
counties, townships, and municipal corporations within
thirty days | 1508 |
|
of the expiration of the registration year,
except that a sum | 1509 |
|
equal to five per cent of the total amount
received under sections | 1510 |
|
4503.02 and 4503.12 of the Revised Code
may be reserved to make | 1511 |
|
final adjustments in accordance with the
formula for distribution | 1512 |
|
set forth in section 4501.04 of the
Revised Code. If amounts set | 1513 |
|
aside to make the adjustments are
inadequate, necessary | 1514 |
|
adjustments shall be made immediately out
of funds available for | 1515 |
|
distribution for the following two
registration years. | 1516 |
| (3) Third, forty-two and six-tenths per cent of the
moneys | 1535 |
|
received from apportionable vehicles under divisions
(A)(8) to | 1536 |
|
(21) of section 4503.042 and forty-two and six-tenths per cent of | 1537 |
|
the balance remaining from the moneys received under section | 1538 |
|
4503.65 of the
Revised Code after distribution under division | 1539 |
|
(A)(2) of this section shall be deposited in the state treasury to | 1540 |
|
the
credit of the highway obligations bond retirement fund created | 1541 |
|
by
section 5528.32 of the Revised Code and used solely for the | 1542 |
|
purposes set forth in that section, except that, from the date
the | 1543 |
|
commissioners of the sinking fund make the certification to
the | 1544 |
|
treasurer of state on the sufficiency of funds in the highway | 1545 |
|
obligation bond retirement fund as required by section 5528.38 of | 1546 |
|
the Revised Code, and until the thirty-first day of December of | 1547 |
|
the year in which the certification is made, the amounts | 1548 |
distributed under division (A)(2)(3) of this section shall be | 1549 |
|
credited to the highway operating fund created by section
5735.291 | 1550 |
|
of the Revised Code; | 1551 |
| Each county, township, and municipal corporation shall | 1578 |
|
receive an amount such that the ratio that the amount of moneys | 1579 |
|
received by that county, township, or municipal corporation under | 1580 |
|
division (B)(1) of this section from apportionable vehicles | 1581 |
|
registered in Ohio and under section 4503.65 of the Revised Code | 1582 |
|
from apportionable vehicles registered in other international | 1583 |
|
registration plan jurisdictions bears to the total amount of | 1584 |
|
moneys received by all counties, townships, and municipal | 1585 |
|
corporations under division (B)(1) of this section from | 1586 |
|
apportionable vehicles registered in Ohio and under section | 1587 |
|
4503.65 of the Revised Code from apportionable vehicles
registered | 1588 |
|
in other international registration plan jurisdictions
equals the | 1589 |
|
ratio that the amount of moneys that the county,
township, or | 1590 |
|
municipal corporation would receive from
apportionable vehicles | 1591 |
|
registered in Ohio were the moneys from
such vehicles distributed | 1592 |
|
under section 4501.04 of the Revised
Code, based solely on the | 1593 |
|
weight schedules contained in section
4503.042 of the Revised | 1594 |
|
Code, bears to the total amount of money
that all counties, | 1595 |
|
townships, and municipal corporations would
receive from | 1596 |
|
apportionable vehicles registered in Ohio were the
moneys from | 1597 |
|
such vehicles distributed under section 4501.04 of
the Revised | 1598 |
|
Code, based solely on the weight schedules contained
in section | 1599 |
|
4503.042 of the Revised Code. | 1600 |
| (3) If, at the end of the distribution year, the total of
all | 1609 |
|
moneys received under section 4503.65 of the Revised Code
exceeds | 1610 |
|
the total moneys subject to distribution under division
(B)(2) of | 1611 |
|
this section, the registrar shall distribute to each
county, | 1612 |
|
township, and municipal corporation a portion of the
excess. The | 1613 |
|
excess shall be distributed to counties, townships,
and municipal | 1614 |
|
corporations in the same proportion that the
revenues received by | 1615 |
|
each county, township, and municipal
corporation from collections | 1616 |
|
under section 4503.02 and from
collections under section 4503.65 | 1617 |
|
of the Revised Code during that
distribution year bears to the | 1618 |
|
total revenues received by
counties, townships, and municipal | 1619 |
|
corporations from taxes levied
under section 4503.02 and from | 1620 |
|
collections under section 4503.65
of the Revised Code during that | 1621 |
|
distribution year. | 1622 |
| Sec. 4501.06. The taxes, fees, and fines levied, charged,
or | 1631 |
|
referred to in division (O) of section 4503.04, division (E) of | 1632 |
|
section 4503.042, division (B) of section 4503.07, division (C)(1) | 1633 |
|
of section 4503.10, division (D)
of section 4503.182, division | 1634 |
|
(D)(2) of section 4507.24, division (A)
of section 4508.06, and | 1635 |
|
sections 4505.11, 4505.111,
4506.08, 4506.09, 4507.23, 4508.05, | 1636 |
|
4923.12, and
5502.12 of the
Revised Code, and the taxes charged | 1637 |
|
in section 4503.65 that are
distributed in accordance with | 1638 |
|
division (A)(2) of section 4501.044
of the Revised Code unless | 1639 |
|
otherwise designated by law,
shall be
deposited in the state | 1640 |
|
treasury to the credit of the
state highway
safety fund, which is | 1641 |
|
hereby created, and shall,
after receipt of
certifications from | 1642 |
|
the commissioners of the
sinking fund
certifying, as required by | 1643 |
|
sections 5528.15 and
5528.35 of the
Revised Code, that there are | 1644 |
|
sufficient moneys to
the credit of
the highway improvement bond | 1645 |
|
retirement fund
created by section
5528.12 of the Revised Code to | 1646 |
|
meet in full
all payments of
interest, principal, and charges for | 1647 |
|
the
retirement of bonds and
other obligations issued pursuant to | 1648 |
|
Section 2g of Article VIII,
Ohio Constitution, and sections | 1649 |
|
5528.10 and 5528.11 of the Revised
Code due and payable during | 1650 |
|
the current calendar year, and that
there are sufficient moneys | 1651 |
|
to the credit of the highway
obligations bond retirement fund | 1652 |
|
created by section 5528.32 of the
Revised Code to meet in full | 1653 |
|
all payments of interest, principal,
and charges for the | 1654 |
|
retirement of highway obligations issued
pursuant to Section 2i | 1655 |
|
of Article VIII, Ohio Constitution, and
sections 5528.30 and | 1656 |
|
5528.31 of the Revised Code due and payable
during the current | 1657 |
|
calendar year, be used for the purpose of
enforcing and paying | 1658 |
|
the expenses of administering the law
relative to the | 1659 |
|
registration and operation of motor vehicles on
the public roads | 1660 |
|
or highways. Amounts credited to
the fund may
also be used to pay | 1661 |
|
the expenses
of administering and enforcing
the laws under which | 1662 |
|
such fees
were collected. All investment
earnings of the state | 1663 |
|
highway
safety fund shall be credited to the
fund. | 1664 |
| (B) Upon the request of any person accompanied by a | 1675 |
nonrefundable fee of twoeight dollars per name, the registrar may | 1676 |
|
furnish lists of names and addresses as they appear upon the | 1677 |
|
applications for driver's licenses, provided that any further | 1678 |
|
information contained in the applications shall not be disclosed.
| 1679 |
The registrar shall pay all the feestwo dollars of each fee | 1680 |
|
collected
into the
state
treasury to the credit of the
state | 1681 |
|
bureau of motor vehicles fund
established in section 4501.25
of | 1682 |
|
the Revised Code. Of the remaining six dollars of each
such fee | 1683 |
|
the registrar collects, the registrar shall deposit one
dollar | 1684 |
|
and twenty-five cents into the state treasury to the credit
of | 1685 |
|
the trauma and emergency medical services fund established in | 1686 |
|
section 4513.263 of the Revised Code, one dollar and twenty-five | 1687 |
|
cents into the state treasury to the credit of the homeland | 1688 |
|
security fund established in section 5502.03 of the Revised Code, | 1689 |
|
seventy-five cents into the state treasury to the credit of the | 1690 |
|
investigations fund established in section 5502.131 of the Revised | 1691 |
|
Code, two dollars and twenty-five cents into the state treasury to | 1692 |
|
the credit of the emergency management agency service and | 1693 |
|
reimbursement fund established in section 5502.39 of the Revised | 1694 |
|
Code, and fifty cents into the state treasury to the credit of the | 1695 |
|
justice program services fund established in section 5502.67 of | 1696 |
|
the Revised Code. | 1697 |
| "Transit bus" means either a motor vehicle having a seating | 1741 |
|
capacity of more than seven persons which is operated and used by | 1742 |
|
any person in the rendition of a public mass transportation | 1743 |
|
service primarily in a municipal corporation or municipal | 1744 |
|
corporations and provided at least seventy-five per cent of the | 1745 |
|
annual mileage of such service and use is within such municipal | 1746 |
|
corporation or municipal corporations or a motor vehicle having a | 1747 |
|
seating capacity of more than seven persons which is operated | 1748 |
|
solely for the transportation of persons associated with a | 1749 |
|
charitable or nonprofit corporation, but does not mean any motor | 1750 |
|
vehicle having a seating capacity of more than seven persons when | 1751 |
|
such vehicle is used in a ridesharing capacity
or any bus | 1752 |
|
described by division (F)(3) of this section. | 1753 |
| (J)(1) Except as otherwise provided in division
(J) of
this | 1772 |
|
section, for each farm truck, except a noncommercial motor | 1773 |
|
vehicle, that is owned, controlled, or operated by one or more | 1774 |
|
farmers exclusively in farm use as defined in this section, and | 1775 |
|
not for commercial purposes, and provided that at least | 1776 |
|
seventy-five per cent of such farm use is by or for the one or | 1777 |
|
more owners, controllers, or operators of the farm in the | 1778 |
|
operation of which a farm truck is used, the license tax is five | 1779 |
|
dollars plus: | 1780 |
| (N) Every person registering as a passenger car a motor | 1863 |
|
vehicle designed and used for carrying more than nine but not
more | 1864 |
|
than fifteen passengers, and every person registering a bus
as | 1865 |
|
provided in division
(G) of this section, shall furnish an | 1866 |
|
affidavit certifying that the vehicle so licensed to the
person is | 1867 |
|
to be
used in a ridesharing arrangement and that the person will | 1868 |
|
have in effect
whenever the vehicle is used in a ridesharing | 1869 |
|
arrangement a
policy of liability insurance with respect to the | 1870 |
|
motor vehicle
in amounts and coverages no less than those required | 1871 |
|
by section
4509.79 of the Revised Code. The form of the license | 1872 |
|
plate
issued for such a motor vehicle shall be prescribed by the | 1873 |
|
registrar. | 1874 |
| (O) Commencing on October 1, 2009, if an application for | 1875 |
|
registration renewal is not applied for prior to the expiration | 1876 |
|
date of the registration, the registrar or deputy registrar shall | 1877 |
|
collect a fee of ten dollars for the issuance of the vehicle | 1878 |
|
registration, but may waive the fee for good cause shown if the | 1879 |
|
application is accompanied by supporting evidence as the registrar | 1880 |
|
may require. The fee shall be in addition to all other fees | 1881 |
|
established by this section. A deputy registrar shall retain fifty | 1882 |
|
cents of the fee and shall transmit the remaining amount to the | 1883 |
|
registrar at the time and in the manner provided by section | 1884 |
|
4503.10 of the Revised Code. The registrar shall deposit all | 1885 |
|
moneys received under this division into the state highway safety | 1886 |
|
fund established in section 4501.06 of the Revised Code. | 1887 |
| (3) "Farm truck" means a truck used in the transportation | 1895 |
|
from the farm of products of the farm, including livestock and
its | 1896 |
|
products, poultry and its products, floricultural and | 1897 |
|
horticultural products, and in the transportation to the farm of | 1898 |
|
supplies for the farm, including tile, fence, and every other | 1899 |
|
thing or commodity used in agricultural, floricultural, | 1900 |
|
horticultural, livestock, and poultry production and livestock, | 1901 |
|
poultry, and other animals and things used for breeding, feeding, | 1902 |
|
or other purposes connected with the operation of the farm. | 1903 |
| (C) In addition to the license taxes imposed at the rates | 2006 |
|
specified in divisions (A) and (B) of this section, an | 2007 |
administrative fee of three dollars and twenty-fivefifty cents, | 2008 |
|
plus an
appropriate amount to cover the cost of postage, shall be | 2009 |
|
collected by the registrar for each international registration | 2010 |
plan license processed by the registrar. If the deputy registrar | 2011 |
fees are increased on January 1, 2004, in accordance with section | 2012 |
4503.034 of the Revised Code, the administrative fee collected | 2013 |
under this section is three dollars and fifty cents, commencing on | 2014 |
that date, plus postage. | 2015 |
| (E) Commencing on October 1, 2009, if an application for | 2018 |
|
registration renewal is not applied for prior to the expiration | 2019 |
|
date of the registration, the registrar or deputy registrar shall | 2020 |
|
collect a fee of ten dollars for the issuance of the vehicle | 2021 |
|
registration, but may waive the fee for good cause shown if the | 2022 |
|
application is accompanied by supporting evidence as the registrar | 2023 |
|
may require. The fee shall be in addition to all other fees | 2024 |
|
established by this section. A deputy registrar shall retain fifty | 2025 |
|
cents of the fee and shall transmit the remaining amount to the | 2026 |
|
registrar at the time and in the manner provided by section | 2027 |
|
4503.10 of the Revised Code. The registrar shall deposit all | 2028 |
|
moneys received under this division into the state highway safety | 2029 |
|
fund established in section 4501.06 of the Revised Code. | 2030 |
| Sec. 4503.07. (A) In lieu of the schedule of rates for | 2047 |
|
commercial cars fixed in
section 4503.04 of the Revised Code, the | 2048 |
|
fee shall be ten dollars for each
church bus used exclusively to | 2049 |
|
transport members of a church congregation to
and from church | 2050 |
|
services or church functions or to transport children and
their | 2051 |
|
authorized supervisors to and from any camping function sponsored | 2052 |
|
by a
nonprofit, tax-exempt, charitable or philanthropic | 2053 |
|
organization. A church
within the meaning of this section is an | 2054 |
|
organized religious group, duly
constituted with officers and a | 2055 |
|
board of trustees, regularly holding religious
services, and | 2056 |
|
presided over or administered to by a properly accredited | 2057 |
|
ecclesiastical officer, whose name and standing is published in | 2058 |
|
the official
publication of the officer's religious group. | 2059 |
| (B) Commencing on October 1, 2009, if an application for | 2060 |
|
registration renewal is not applied for prior to the expiration | 2061 |
|
date of the registration, the registrar or deputy registrar shall | 2062 |
|
collect a fee of ten dollars for the issuance of the vehicle | 2063 |
|
registration, but may waive the fee for good cause shown if the | 2064 |
|
application is accompanied by supporting evidence as the registrar | 2065 |
|
may require. The fee shall be in addition to all other fees | 2066 |
|
established by this section. A deputy registrar shall retain fifty | 2067 |
|
cents of the fee and shall transmit the remaining amount to the | 2068 |
|
registrar at the time and in the manner provided by section | 2069 |
|
4503.10 of the Revised Code. The registrar shall deposit all | 2070 |
|
moneys received under this division into the state highway safety | 2071 |
|
fund established in section 4501.06 of the Revised Code. | 2072 |
(A)(1) An affidavit, prescribed by the registrar of motor | 2075 |
|
vehicles and signed by
either the senior pastor, minister, priest, | 2076 |
|
or rabbi of the
church making application or by the head of the | 2077 |
|
governing body of the
church making application, stating that the | 2078 |
|
bus is to be used exclusively
to transport members of a
church | 2079 |
|
congregation to and from church services or church functions or to | 2080 |
|
transport
children and their authorized supervisors to and from | 2081 |
|
any camping function
sponsored by a nonprofit, tax-exempt, | 2082 |
|
charitable, or philanthropic
organization; | 2083 |
| Sec. 4503.10. (A) The owner of every snowmobile,
off-highway | 2094 |
|
motorcycle,
and
all-purpose vehicle required to be
registered | 2095 |
|
under section
4519.02 of the Revised
Code shall file an | 2096 |
|
application
for registration under section 4519.03 of the
Revised | 2097 |
|
Code. The owner of a motor
vehicle, other than a snowmobile, | 2098 |
|
off-highway motorcycle, or
all-purpose vehicle, that is not | 2099 |
|
designed and constructed by the
manufacturer for operation on a | 2100 |
|
street or highway may not
register it under this chapter except | 2101 |
|
upon certification of
inspection pursuant to section 4513.02 of | 2102 |
|
the
Revised
Code by the sheriff, or the chief of
police of the | 2103 |
|
municipal corporation or township, with jurisdiction
over the | 2104 |
|
political
subdivision in which the owner of the motor
vehicle | 2105 |
|
resides.
Except as provided in section 4503.103
of the Revised | 2106 |
|
Code, every
owner of every other motor vehicle
not previously | 2107 |
|
described in
this section and every
person mentioned as owner in | 2108 |
|
the last
certificate of title of a motor vehicle
that
is operated | 2109 |
|
or driven
upon the public roads or highways shall
cause to be | 2110 |
|
filed each
year, by mail or otherwise, in the office
of the | 2111 |
|
registrar of
motor vehicles or a deputy registrar, a
written or | 2112 |
|
electronic
application or a preprinted registration renewal
notice | 2113 |
|
issued
under section 4503.102 of the Revised Code, the form of | 2114 |
|
which
shall be prescribed by the registrar, for registration for | 2115 |
|
the
following registration year, which shall begin on the first | 2116 |
|
day of
January of every calendar year and end on the thirty-first | 2117 |
|
day of
December in the same year. Applications for registration | 2118 |
|
and
registration renewal notices shall be filed at the times | 2119 |
|
established by the registrar pursuant to section 4503.101 of the | 2120 |
|
Revised Code. A motor vehicle owner also may elect to apply for
or | 2121 |
|
renew a
motor
vehicle registration by electronic means using | 2122 |
|
electronic
signature in
accordance with rules adopted by the | 2123 |
|
registrar.
Except
as provided in division (J) of this
section, | 2124 |
|
applications
for registration shall be made on blanks
furnished by | 2125 |
|
the
registrar for that purpose, containing the
following | 2126 |
|
information: | 2127 |
| (6) Whether the fees required to be paid for the
registration | 2148 |
|
or transfer of the motor vehicle, during the
preceding | 2149 |
|
registration year and during the preceding period of
the
current | 2150 |
|
registration year, have been paid. Each application
for | 2151 |
|
registration shall be signed by the owner, either
manually or by | 2152 |
|
electronic signature, or pursuant to
obtaining a limited power of | 2153 |
|
attorney authorized by the registrar for
registration, or other | 2154 |
|
document authorizing such signature. If the owner
elects to apply | 2155 |
|
for or renew
the motor vehicle registration with the registrar by | 2156 |
|
electronic
means, the owner's manual signature is not required. | 2157 |
| (B) Except as otherwise provided in this division, each time | 2166 |
|
an applicant first registers a motor
vehicle
in the applicant's | 2167 |
|
name, the
applicant shall present for
inspection a physical | 2168 |
|
certificate of title or memorandum
certificate
showing title to | 2169 |
|
the motor vehicle to be registered in
the name of the
applicant if | 2170 |
|
a physical certificate of title or
memorandum certificate has been | 2171 |
|
issued by a clerk of a court of
common pleas. If, under sections | 2172 |
|
4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk | 2173 |
|
instead has issued an electronic
certificate of title for the | 2174 |
|
applicant's motor vehicle, that
certificate may be presented for | 2175 |
|
inspection at the time of first
registration in a manner | 2176 |
|
prescribed by rules adopted by the
registrar. An applicant is not | 2177 |
|
required to present a certificate of title to an electronic motor | 2178 |
|
vehicle dealer acting as a limited authority deputy registrar in | 2179 |
|
accordance with rules adopted by the registrar. When a
motor | 2180 |
|
vehicle inspection and maintenance
program is in effect
under | 2181 |
|
section 3704.14 of the Revised Code and
rules adopted under
it, | 2182 |
|
each application for registration for a
vehicle required to
be | 2183 |
|
inspected under that section and those
rules shall be
accompanied | 2184 |
|
by an inspection certificate for the
motor vehicle
issued in | 2185 |
|
accordance with that section. The
application shall be
refused if | 2186 |
|
any of the following applies: | 2187 |
| This section does not require the payment of license or | 2204 |
|
registration taxes on a motor vehicle for any preceding year, or | 2205 |
|
for any preceding period of a year, if the motor vehicle was not | 2206 |
|
taxable for that preceding year or period under sections 4503.02, | 2207 |
|
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 2208 |
|
Revised Code. When a certificate of registration is issued upon | 2209 |
|
the first registration of a motor vehicle by or on behalf of the | 2210 |
|
owner, the official issuing the certificate shall indicate the | 2211 |
|
issuance with a stamp on the certificate of title or memorandum | 2212 |
|
certificate or, in the case of an electronic certificate of title, | 2213 |
|
an electronic stamp or other notation as specified in rules | 2214 |
|
adopted by the registrar, and with a stamp on the inspection | 2215 |
|
certificate for the motor
vehicle, if any. The official also
shall | 2216 |
|
indicate, by a stamp or
by other means the registrar
prescribes, | 2217 |
|
on the
registration certificate issued upon the first
registration | 2218 |
|
of a
motor vehicle by or on behalf of the owner the
odometer | 2219 |
|
reading
of
the motor vehicle as shown in the odometer
statement | 2220 |
|
included
in
or attached to the certificate of title.
Upon each | 2221 |
|
subsequent
registration of the motor vehicle by or on
behalf of | 2222 |
|
the same
owner, the official also shall so indicate the
odometer | 2223 |
|
reading
of
the motor vehicle as shown on the immediately
preceding | 2224 |
|
certificate of registration. | 2225 |
(C)(1) Commencing withFor each registration renewal with an | 2231 |
expiration date on or afterbefore October 1, 20032009, and for | 2232 |
each initial application for registration received on and after | 2233 |
| before that date, the registrar and each deputy registrar shall | 2234 |
|
collect an additional fee of eleven dollars for each application | 2235 |
|
for registration and registration renewal received. Except for | 2236 |
|
vehicles specified in divisions (A)(1) to (21) of section 4503.042 | 2237 |
|
of the Revised Code, commencing with each registration renewal | 2238 |
|
with an expiration date on or after October 1, 2009, and for each | 2239 |
|
initial application for registration received on or after that | 2240 |
|
date, the registrar and each deputy registrar shall collect an | 2241 |
|
additional fee of sixteen dollars and seventy-five cents for each | 2242 |
|
application for registration and registration renewal received. | 2243 |
|
For vehicles specified in divisions (A)(1) to (21) of section | 2244 |
|
4503.042 of the Revised Code, commencing with each registration | 2245 |
|
renewal with an expiration date on or after October 1, 2009, and | 2246 |
|
for each initial application received on or after that date, the | 2247 |
|
registrar and deputy registrar shall collect an additional fee of | 2248 |
|
thirty dollars for each application for registration and | 2249 |
|
registration renewal received. The additional fee is for the | 2250 |
|
purpose of defraying the department of public safety's costs | 2251 |
|
associated with the administration and enforcement of the motor | 2252 |
|
vehicle and traffic laws of Ohio. Each deputy registrar shall | 2253 |
|
transmit the fees collected under division (C)(1) of this section | 2254 |
|
in the time and manner provided in this section. The registrar | 2255 |
|
shall deposit all moneys received under division (C)(1) of this | 2256 |
|
section into the state highway safety fund established in section | 2257 |
|
4501.06 of the Revised Code. | 2258 |
| (2) In addition, a charge of twenty-five cents shall be
made | 2259 |
|
for each reflectorized safety license plate issued, and a single | 2260 |
|
charge
of twenty-five cents shall be made for each county | 2261 |
|
identification sticker
or each set of county
identification | 2262 |
|
stickers issued, as the case may be, to cover the cost
of | 2263 |
|
producing the license plates and
stickers, including material, | 2264 |
|
manufacturing, and administrative costs. Those
fees shall be in | 2265 |
|
addition to the
license tax. If the total cost of producing the | 2266 |
|
plates is less
than twenty-five cents per plate, or if the total | 2267 |
|
cost of
producing the stickers is less than twenty-five cents per | 2268 |
|
sticker or
per set issued, any excess moneys accruing from the | 2269 |
|
fees shall be distributed
in the same manner as provided by | 2270 |
|
section 4501.04 of the Revised
Code for the distribution of | 2271 |
|
license tax moneys. If the total
cost of producing the plates | 2272 |
|
exceeds twenty-five cents per plate,
or if the total cost of | 2273 |
|
producing the stickers exceeds
twenty-five cents per sticker or | 2274 |
|
per set issued, the difference shall
be paid from the
license tax | 2275 |
|
moneys collected pursuant to section 4503.02 of the
Revised Code. | 2276 |
(D) Each deputy registrar shall be allowed a fee of
two | 2277 |
dollars and
seventy-five cents
commencing on July 1,
2001, three | 2278 |
dollars and twenty-five cents commencing on January 1,
2003, and | 2279 |
three dollars and fifty cents commencing on January 1,
2004, for | 2280 |
|
each application for
registration and registration
renewal notice | 2281 |
|
the
deputy registrar receives,
which shall be for
the purpose of | 2282 |
|
compensating the deputy
registrar for the deputy
registrar's | 2283 |
|
services, and such
office and rental expenses,
as may
be necessary | 2284 |
|
for the proper discharge of the deputy registrar's
duties in the | 2285 |
|
receiving of applications and renewal notices and
the issuing of | 2286 |
|
registrations. | 2287 |
| (F) Each deputy registrar, upon receipt of any application | 2291 |
|
for
registration or registration renewal notice, together with the | 2292 |
|
license fee and any
local motor
vehicle license tax levied | 2293 |
|
pursuant to Chapter 4504. of the
Revised Code, shall transmit that | 2294 |
|
fee and tax, if any, in the
manner provided in this section, | 2295 |
|
together with the original and
duplicate copy of the application, | 2296 |
|
to the registrar. The
registrar, subject to the approval of the | 2297 |
|
director of public
safety, may deposit the funds collected by | 2298 |
|
those deputies in a
local bank or depository to the credit of the | 2299 |
|
"state of Ohio,
bureau of motor vehicles." Where a local bank or | 2300 |
|
depository
has been designated by the registrar, each deputy | 2301 |
|
registrar shall deposit
all moneys collected by the deputy | 2302 |
|
registrar into that bank
or depository not more than one business | 2303 |
|
day after their collection and shall
make
reports to the registrar | 2304 |
|
of the amounts so deposited, together
with any other information, | 2305 |
|
some of which may be prescribed by
the treasurer of state, as the | 2306 |
|
registrar may require and as
prescribed by the registrar by rule. | 2307 |
|
The registrar, within three
days after receipt of notification of | 2308 |
|
the deposit of funds by a
deputy registrar in a local bank or | 2309 |
|
depository, shall draw on that
account
in favor of the treasurer | 2310 |
|
of state. The registrar, subject to
the approval of the director | 2311 |
|
and the treasurer of state, may make
reasonable rules necessary | 2312 |
|
for the prompt transmittal of fees and
for safeguarding the | 2313 |
|
interests of the state and of counties,
townships, municipal | 2314 |
|
corporations, and transportation
improvement districts levying | 2315 |
|
local motor vehicle license taxes.
The
registrar may
pay
service | 2316 |
|
charges usually collected by banks and depositories for
such | 2317 |
|
service. If deputy registrars are located in
communities where | 2318 |
|
banking facilities are not available, they shall transmit the
fees | 2319 |
|
forthwith, by money order or otherwise, as the registrar, by
rule | 2320 |
|
approved by the director and the treasurer of state, may | 2321 |
|
prescribe. The registrar may pay the usual and customary fees
for | 2322 |
|
such service. | 2323 |
| (I)(1) Where applicable, the requirements of division (B)
of | 2337 |
|
this section relating to the presentation of an inspection | 2338 |
|
certificate issued under section 3704.14 of the Revised Code and | 2339 |
|
rules adopted under it for a motor vehicle, the refusal of a | 2340 |
|
license for failure to present an inspection certificate, and the | 2341 |
|
stamping of the inspection certificate by the official issuing
the | 2342 |
|
certificate of registration apply to the registration of and | 2343 |
|
issuance of license plates for a motor vehicle under sections | 2344 |
|
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 2345 |
|
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 2346 |
|
4503.47, and 4503.51 of the Revised Code. | 2347 |
| (b) Upon request, the registrar shall provide the director
of | 2356 |
|
environmental protection, or any person that has been awarded
a | 2357 |
|
contract under division (D) of section 3704.14 of the Revised | 2358 |
|
Code, an on-line computer data link to registration information | 2359 |
|
for all passenger cars, noncommercial motor vehicles, and | 2360 |
|
commercial cars that are subject to that section. The registrar | 2361 |
|
also shall provide to the director of environmental protection a | 2362 |
|
magnetic data tape containing registration information regarding | 2363 |
|
passenger cars, noncommercial motor vehicles, and commercial cars | 2364 |
|
for which a multi-year registration is in effect under section | 2365 |
|
4503.103 of the Revised Code or rules adopted under it,
including, | 2366 |
|
without limitation, the date of issuance of the
multi-year | 2367 |
|
registration, the registration deadline established
under rules | 2368 |
|
adopted under section 4503.101 of the Revised Code
that was | 2369 |
|
applicable in the year in which the multi-year
registration was | 2370 |
|
issued, and the registration deadline for
renewal of the | 2371 |
|
multi-year registration. | 2372 |
| (D) In addition to the fees charged under divisions (A) and | 2430 |
|
(B) of this section, commencing on October 1, 2003, the registrar | 2431 |
|
and each deputy registrar shall collect a fee of five dollars and | 2432 |
|
commencing on October 1, 2009, a fee of ten dollars, for each | 2433 |
|
temporary license placard issued. The additional fee is for the | 2434 |
|
purpose of defraying the department of public safety's costs | 2435 |
|
associated with the administration and enforcement of the motor | 2436 |
|
vehicle and traffic laws of Ohio. Each deputy registrar shall | 2437 |
|
transmit the fees collected under this division in the same manner | 2438 |
|
as provided for transmission of fees collected under division (A) | 2439 |
|
of this section. The registrar shall deposit all moneys received | 2440 |
|
under this division into the state highway safety fund established | 2441 |
|
in section 4501.06 of the Revised Code. | 2442 |
| (B) The director of public safety may advertise for and | 2466 |
|
accept
sealed bids for the preparation of lists containing | 2467 |
|
registration
information in such form as the director authorizes. | 2468 |
|
Where
the expenditure
is more than five hundred dollars, the | 2469 |
|
director shall give notice
to bidders as provided in section | 2470 |
|
5513.01 of the Revised Code as
for purchases by the department of | 2471 |
|
transportation. The notice
shall include the latest date, as | 2472 |
|
determined by the director, on
which bids will be accepted and the | 2473 |
|
date, also determined by the
director, on which bids will be | 2474 |
|
opened by the director at the
central office of the department of | 2475 |
|
public safety. The
contract to prepare the list shall be awarded | 2476 |
|
to the lowest
responsive and responsible bidder, in accordance | 2477 |
|
with section
9.312 of the Revised Code, provided there is | 2478 |
|
compliance with the
specifications. Such contract shall not extend | 2479 |
|
beyond
twenty-four consecutive registration periods as provided in | 2480 |
|
section 4503.101 of the Revised Code. The successful bidder
shall | 2481 |
|
furnish without charge a complete list to the bureau of
motor | 2482 |
|
vehicles, and shall also furnish without charge to the
county | 2483 |
|
sheriffs or chiefs of police in cities, at such times and
in such | 2484 |
|
manner as the director determines necessary, lists of
registration | 2485 |
|
information for the county in which they are
situated. The | 2486 |
|
registrar shall provide to the successful bidder
all necessary | 2487 |
|
information for the preparation of such lists. | 2488 |
The registrar shall receive these fees and deposit themtwo | 2504 |
|
dollars of each such fee into the
state treasury to the credit of | 2505 |
|
the
state bureau of motor vehicles
fund established in section | 2506 |
|
4501.25 of the Revised Code. Of the remaining six dollars of each | 2507 |
|
such fee the registrar collects, the registrar shall deposit one | 2508 |
|
dollar and twenty-five cents into the state treasury to the credit | 2509 |
|
of the trauma and emergency medical services fund established in | 2510 |
|
section 4513.263 of the Revised Code, one dollar and twenty-five | 2511 |
|
cents into the state treasury to the credit of the homeland | 2512 |
|
security fund established under section 5502.03 of the Revised | 2513 |
|
Code, seventy-five cents into the state treasury to the credit of | 2514 |
|
the investigations fund established in section 5502.131 of the | 2515 |
|
Revised Code, two dollars and twenty-five cents into the state | 2516 |
|
treasury to the credit of the emergency management agency service | 2517 |
|
and reimbursement fund established in section 5502.39 of the | 2518 |
|
Revised Code, and fifty cents into the state treasury to the | 2519 |
|
credit of the justice program services fund established in section | 2520 |
|
5502.67 of the Revised Code. | 2521 |
| Sec. 4503.65. The registrar of motor vehicles shall take all | 2522 |
steps necessary
to determine and collect, at the tax rates | 2523 |
established under section 4503.042
of the Revised Code, the | 2524 |
|
apportioned registration tax due for vehicles
registered in | 2525 |
|
another international registration plan jurisdiction that lists | 2526 |
|
Ohio for apportionment purposes on a uniform mileage schedule. The | 2527 |
|
registration taxes to be charged shall be determined on the basis | 2528 |
|
of the annual tax otherwise due on the motor vehicle, prorated in | 2529 |
|
accordance with the number of months for which the motor vehicle | 2530 |
|
is registered. Until October 1, 2009, such vehicles shall be taxed | 2531 |
|
at the rates established under section 4503.042 of the Revised | 2532 |
|
Code. The rates in this section become effective on and after | 2533 |
|
October 1, 2009. | 2534 |
| (3) On and after October 1, 2009, the registrar shall pay two | 2677 |
|
dollars of each fee the registrar collects under division | 2678 |
|
(B)(1)(b) of this section into the state treasury to the credit of | 2679 |
|
the state bureau of motor vehicles fund established in section | 2680 |
|
4501.25 of the Revised Code. Of the remaining six dollars of each | 2681 |
|
such fee the registrar collects, the registrar shall deposit one | 2682 |
|
dollar and twenty-five cents into the state treasury to the credit | 2683 |
|
of the trauma and emergency medical services fund established in | 2684 |
|
section 4513.263 of the Revised Code, one dollar and twenty-five | 2685 |
|
cents into the state treasury to the credit of the homeland | 2686 |
|
security fund established under section 5502.03 of the Revised | 2687 |
|
Code, seventy-five cents into the state treasury to the credit of | 2688 |
|
the investigations fund established in section 5502.131 of the | 2689 |
|
Revised Code, two dollars and twenty-five cents into the state | 2690 |
|
treasury to the credit of the emergency management agency service | 2691 |
|
and reimbursement fund established in section 5502.39 of the | 2692 |
|
Revised Code, and fifty cents into the state treasury to the | 2693 |
|
credit of the justice program services fund established in section | 2694 |
|
5502.67 of the Revised Code. | 2695 |
| (4) On and after October 1, 2009, the clerk of the court of | 2696 |
|
common pleas shall retain two dollars of each fee the clerk | 2697 |
|
collects under division (B)(1)(b) of this section and deposit that | 2698 |
|
two dollars into the certificate of title administration fund | 2699 |
|
created by section 325.33 of the Revised Code. The clerk shall | 2700 |
|
forward the remaining six dollars to the registrar not later than | 2701 |
|
the fifth day of the month next succeeding that in which the | 2702 |
|
transaction occurred. Of that remaining six dollars, the registrar | 2703 |
|
shall deposit one dollar and twenty-five cents into the state | 2704 |
|
treasury to the credit of the trauma and emergency medical | 2705 |
|
services fund established in section 4513.263 of the Revised Code, | 2706 |
|
one dollar and twenty-five cents into the state treasury to the | 2707 |
|
credit of the homeland security fund established under section | 2708 |
|
5502.03 of the Revised Code, seventy-five cents into the state | 2709 |
|
treasury to the credit of the investigations fund established in | 2710 |
|
section 5502.131 of the Revised Code, two dollars and twenty-five | 2711 |
|
cents into the state treasury to the credit of the emergency | 2712 |
|
management agency service and reimbursement fund established in | 2713 |
|
section 5502.39 of the Revised Code, and fifty cents into the | 2714 |
|
state treasury to the credit of the justice program services fund | 2715 |
|
established in section 5502.67 of the Revised Code. | 2716 |
| Sec. 4506.08. (A)(1) Each application for a commercial | 2717 |
|
driver's license temporary instruction permit shall be
accompanied | 2718 |
|
by a fee of ten dollars. Each application for a commercial | 2719 |
|
driver's license,
restricted commercial driver's license,
renewal | 2720 |
|
of such a
license, or waiver for farm-related service industries | 2721 |
|
shall be accompanied by a fee of twenty-five
dollars, except that | 2722 |
|
an application for a commercial driver's license or restricted | 2723 |
|
commercial driver's license received pursuant to division (A)(3) | 2724 |
|
of section 4506.14 of the Revised Code shall be accompanied by a | 2725 |
|
fee of eighteen dollars and seventy-five cents if the license will | 2726 |
|
expire on the licensee's birthday three years after the date of | 2727 |
|
issuance, a fee of twelve dollars and fifty cents if the license | 2728 |
|
will expire on the licensee's birthday two years after the date of | 2729 |
|
issuance, and a fee of six dollars and twenty-five cents if the | 2730 |
|
license will expire on the licensee's birthday one year after the | 2731 |
|
date of issuance. Each application for a duplicate commercial | 2732 |
|
driver's
license shall
be accompanied by a fee of ten dollars. | 2733 |
| (2) In addition, the
registrar of motor vehicles or deputy | 2734 |
|
registrar may collect and
retain
an additional fee of no more than | 2735 |
two dollars and
seventy-five cents
commencing on July 1, 2001, | 2736 |
three
dollars and
twenty-five cents commencing on January 1, 2003, | 2737 |
and
three dollars
and fifty cents commencing on January 1, 2004, | 2738 |
|
for
each
application for a commercial driver's license temporary | 2739 |
|
instruction permit,
commercial driver's license, renewal of a | 2740 |
|
commercial driver's license, or
duplicate commercial
driver's | 2741 |
|
license received by the registrar or deputy. | 2742 |
(C) In addition to the fees imposed under division (A) of | 2748 |
|
this section, the registrar of motor vehicles or deputy registrar | 2749 |
shall collect a fee of twelve dollars commencing on October 1, | 2750 |
2003, for each application for a commercial driver's license | 2751 |
|
temporary instruction permit, commercial driver's license, or | 2752 |
|
duplicate commercial driver's license and for each application for | 2753 |
renewal of a commercial driver's license with an expiration date | 2754 |
on or after that date received by the registrar or deputy | 2755 |
registrar. The additional fee is for the purpose of defraying the | 2756 |
|
department of public safety's costs associated with the | 2757 |
|
administration and enforcement of the motor vehicle and traffic | 2758 |
laws of Ohio. Each | 2759 |
| (C) Commencing on October 1, 2009, if an application for a | 2760 |
|
commercial driver's license made by a person who previously held | 2761 |
|
such a license is not applied for within the period specified in | 2762 |
|
section 4506.14 of the Revised Code, the registrar or deputy | 2763 |
|
registrar shall collect a fee of ten dollars for the issuance of | 2764 |
|
the commercial driver's license, but may waive the fee for good | 2765 |
|
cause shown if the application is accompanied by supporting | 2766 |
|
evidence as the registrar may require. The fee is in addition to | 2767 |
|
all
other fees established by this section. A deputy registrar | 2768 |
|
shall
retain fifty cents of the fee and shall transmit the | 2769 |
|
remaining
amount in accordance with division (D) of this section. | 2770 |
| Of each eight-dollar fee the registrar collects under this | 2782 |
|
division, the registrar shall pay two dollars into the state | 2783 |
|
treasury to the credit of the state bureau of motor vehicles fund | 2784 |
|
established in section 4501.25 of the Revised Code, one dollar and | 2785 |
|
twenty-five cents into the state treasury to the credit of the | 2786 |
|
trauma and emergency medical services fund established in section | 2787 |
|
4513.263 of the Revised Code, one dollar and twenty-five cents | 2788 |
|
into the state treasury to the credit of the homeland security | 2789 |
|
fund established in section 5502.03 of the Revised Code, | 2790 |
|
seventy-five cents into the state treasury to the credit of the | 2791 |
|
investigations fund established in section 5502.131 of the Revised | 2792 |
|
Code, two dollars and twenty-five cents into the state treasury to | 2793 |
|
the credit of the emergency management agency service and | 2794 |
|
reimbursement fund established in section 5502.39 of the Revised | 2795 |
|
Code, and fifty cents into the state treasury to the credit of the | 2796 |
|
justice program services fund established in section 5502.67 of | 2797 |
|
the Revised Code. | 2798 |
| (B) The registrar or a deputy registrar,
upon receiving from | 2837 |
|
any person an application for a temporary
instruction permit and | 2838 |
|
temporary instruction permit identification card
to
operate a | 2839 |
|
motorcycle or motorized bicycle,
may issue such a permit and | 2840 |
|
identification card entitling the
applicant, while
having the | 2841 |
|
permit and identification card in the applicant's
immediate | 2842 |
|
possession, to drive a
motorcycle or motorized bicycle under | 2843 |
|
restrictions determined by the registrar.
A temporary instruction | 2844 |
|
permit and temporary instruction permit
identification card to | 2845 |
|
operate a motorized bicycle may be issued
to a person fourteen or | 2846 |
|
fifteen years old. | 2847 |
| The holder of a permit issued under division (A) of this | 2875 |
|
section
on
or after
July 1,
1998, who has
not attained the age of
| 2876 |
|
eighteen years, may operate
a motor
vehicle upon a highway or any | 2877 |
|
public or
private property
used by
the public for purposes of | 2878 |
|
vehicular travel or parking
between the
hours of midnight and six | 2879 |
|
a.m. if, at the time of
such operation,
the holder is
accompanied | 2880 |
|
by the holder's parent,
guardian, or
custodian, and the parent, | 2881 |
|
guardian, or custodian
holds a current
valid driver's or | 2882 |
|
commercial driver's
license
issued by this state, is actually | 2883 |
|
occupying a seat beside the
permit holder, and does not have a | 2884 |
|
prohibited concentration of alcohol in the whole blood, blood | 2885 |
|
serum or plasma, breath, or urine as provided in division (A) of | 2886 |
|
section 4511.19 of the Revised Code. | 2887 |
(G)(1) Notwithstanding
any other provision of law to the | 2888 |
contrary, no law enforcement
officer shall cause the operator of a | 2889 |
motor vehicle being
operated on any street or highway to stop the | 2890 |
motor vehicle for
the sole purpose of determining whether each | 2891 |
occupant of the
motor vehicle is wearing all of the available | 2892 |
elements of a
properly adjusted occupant restraining device as | 2893 |
required by
division (A) of this
section, or for the sole purpose | 2894 |
of issuing a ticket, citation,
or summons if the requirement in | 2895 |
that division has been or is
being violated, or for causing the | 2896 |
arrest of or commencing a
prosecution of a person for a violation | 2897 |
of that
requirement. | 2898 |
| (D)(1)(a) Except as otherwise provided in division (D)(2)
of | 2975 |
|
this section, if a person is issued a probationary driver's | 2976 |
|
license prior to attaining the age of seventeen years and the | 2977 |
|
person pleads guilty to, is convicted of, or is adjudicated in | 2978 |
|
juvenile court of having committed a moving violation during the | 2979 |
|
six-month period commencing on the date on which the person is | 2980 |
|
issued the probationary driver's license, the holder must be | 2981 |
|
accompanied by the holder's parent or guardian whenever the holder | 2982 |
|
is operating a motor vehicle upon a highway or any public or | 2983 |
|
private property used by the public for purposes of vehicular | 2984 |
|
travel or parking during whichever of the following time periods | 2985 |
|
applies: | 2986 |
|
(b) If the holder of a probationary driver's license commits | 2997 |
|
a moving violation during the six-month period after the person is | 2998 |
|
issued the probationary driver's license and before the person | 2999 |
|
attains the age of seventeen years and on the date the person | 3000 |
|
pleads guilty to, is convicted of, or is adjudicated in juvenile | 3001 |
|
court of having committed the moving violation the person has | 3002 |
|
attained the age of seventeen years, or if the person commits the | 3003 |
|
moving violation during the six-month period after the person is | 3004 |
|
issued the probationary driver's license and after the person | 3005 |
|
attains the age of seventeen years, the holder is not subject to | 3006 |
|
the restriction described in divisions (D)(1)(a)(i) and (ii) of | 3007 |
|
this section unless the court or juvenile court imposes such a | 3008 |
|
restriction upon the holder. | 3009 |
|
(2) Any person who is subject to the operating restrictions | 3010 |
|
established under division (D)(1) of this section as a result of a | 3011 |
|
first moving violation may petition the court for occupational or | 3012 |
|
educational driving privileges without being accompanied by the | 3013 |
|
holder's parent or guardian during the period of time specified in | 3014 |
|
that division. The court may grant the person such driving | 3015 |
|
privileges if the court finds reasonable cause to believe that the | 3016 |
|
restrictions established in division (D)(1) will seriously affect | 3017 |
|
the person's ability to continue in employment or educational | 3018 |
|
training or will cause undue hardship on the license holder or a | 3019 |
|
family member of the license holder. In granting the driving | 3020 |
|
privileges, the court shall
specify the purposes, times, and | 3021 |
|
places of the privileges and
shall issue the person appropriate | 3022 |
|
forms setting forth the
privileges granted. Occupational or | 3023 |
|
educational driving privileges
under this division shall not be | 3024 |
|
granted to the same person more
than once. If a person is | 3025 |
|
convicted of, pleads guilty to, or is
adjudicated in juvenile | 3026 |
|
court of having committed a second or
subsequent moving | 3027 |
|
violation, any driving privileges previously
granted under this | 3028 |
|
division are terminated upon the subsequent
conviction, plea, or | 3029 |
|
adjudication. | 3030 |
(G) Notwithstanding
any other provision of law to the | 3044 |
contrary, no law enforcement
officer shall cause the operator of a | 3045 |
motor vehicle being
operated on any street or highway to stop the | 3046 |
motor vehicle for
the sole purpose of determining whether each | 3047 |
occupant of the
motor vehicle is wearing all of the available | 3048 |
elements of a
properly adjusted occupant restraining device as | 3049 |
required by
division (E) of this section,
or for the sole purpose | 3050 |
of issuing a ticket, citation, or
summons if the requirement in | 3051 |
that division has been or is being
violated, or for causing the | 3052 |
arrest of or commencing a
prosecution of a person for a violation | 3053 |
of that
requirement. | 3054 |
| (F) Neither the registrar nor any deputy registrar shall | 3131 |
|
charge a fee in excess of one dollar and fifty cents for | 3132 |
|
laminating a driver's license, motorized bicycle license, or | 3133 |
|
temporary instruction permit identification cards as
required by | 3134 |
|
sections 4507.13 and
4511.521 of the Revised Code. A
deputy | 3135 |
|
registrar laminating a
driver's license, motorized
bicycle | 3136 |
|
license, or temporary
instruction permit identification cards | 3137 |
|
shall retain the entire amount of the fee
charged
for lamination, | 3138 |
|
less the actual cost to the registrar of
the
laminating materials | 3139 |
|
used for that lamination, as specified in
the contract executed by | 3140 |
|
the bureau for the laminating materials
and laminating equipment. | 3141 |
|
The deputy registrar shall forward the
amount of the cost of the | 3142 |
|
laminating materials to the registrar
for deposit as provided in | 3143 |
|
this section. | 3144 |
(G) Except as provided in division (I)(J) of this section and | 3145 |
|
except for the renewal of a driver's license, commencing on | 3146 |
|
October 1, 2003, each transaction described in divisions (A), (B), | 3147 |
|
(C), (D), and (E) of this section shall be accompanied by an | 3148 |
|
additional fee of twelve dollars. A transaction involving the | 3149 |
|
renewal of a driver's license with an expiration date on or after | 3150 |
|
that date shall be accompanied by an additional fee of twelve | 3151 |
|
dollars. The additional fee is for the purpose of defraying the | 3152 |
|
department of public safety's costs associated with the | 3153 |
|
administration and enforcement of the motor vehicle and traffic | 3154 |
|
laws of Ohio. | 3155 |
| (H) Except as provided in division (J) of this section, | 3156 |
|
commencing
on October 1, 2009, if an application for a driver's | 3157 |
|
license or
motorcycle operator's endorsement made by a person who | 3158 |
|
previously
held such a license is not applied for within the | 3159 |
|
period specified
in section 4507.09 of the Revised Code, the | 3160 |
|
registrar or deputy
registrar shall collect a fee of ten dollars | 3161 |
|
for the issuance of
the driver's license or motorcycle | 3162 |
|
endorsement, but may waive the fee for good cause shown if the | 3163 |
|
application is accompanied by supporting evidence as the registrar | 3164 |
|
may require. The fee shall be
in addition to all other fees | 3165 |
|
established by this section. A
deputy registrar collecting this | 3166 |
|
ten dollar fee shall retain fifty
cents and send the remaining | 3167 |
|
fee to the registrar as specified in
division (I) of this | 3168 |
|
section. | 3169 |
| (I) At the time and in the manner provided by section
4503.10 | 3170 |
|
of the Revised Code, the deputy registrar shall transmit
the fees | 3171 |
|
collected under divisions (A), (B), (C), (D), and (E),
those | 3172 |
|
portions of the fees specified in and collected under
division | 3173 |
(F), and the additional fee under divisiondivisions (G) and (H) | 3174 |
|
of this section to the registrar. The registrar
shall pay two | 3175 |
|
dollars and fifty cents of each fee collected under
divisions
(A), | 3176 |
|
(B), (C), (D), and (E)(1) to (4) of this
section,
and the entire | 3177 |
|
fee collected under division (E)(5)
of this
section, into the | 3178 |
|
state highway safety fund
established in section
4501.06 of the | 3179 |
|
Revised Code, and such fees shall be
used for the
sole purpose of | 3180 |
|
supporting driver licensing activities. The registrar also shall | 3181 |
pay the entire fee collected under divisiondivisions (G) and (H) | 3182 |
|
of this section into the state highway safety fund created in | 3183 |
|
section 4501.06 of the Revised Code. The
remaining fees collected | 3184 |
|
by the registrar under this section shall
be paid
into the state | 3185 |
|
bureau of motor vehicles fund established
in section 4501.25 of | 3186 |
|
the Revised Code. | 3187 |
If the driver's license, motorized bicycle license, or | 3203 |
temporary instruction permit identification card of a
disabled | 3204 |
veteran described in division (I) of this
section is
laminated
by | 3205 |
a deputy registrar who is acting as a deputy
registrar
pursuant | 3206 |
to
a contract with the registrar that is in
effect on
October 14, | 3207 |
1997,
the
disabled veteran
shall be required to pay the
deputy | 3208 |
registrar
the lamination fee
provided in division
(F) of this | 3209 |
section. If
the driver's license, motorized bicycle license, or | 3210 |
temporary instruction permit
identification card of such a | 3211 |
disabled veteran is laminated by a
deputy registrar who is acting | 3212 |
as a deputy registrar pursuant to a
contract
with the registrar | 3213 |
that is executed after
October 14, 1997,
the disabled veteran is | 3214 |
not required to pay the
deputy registrar the
lamination fee | 3215 |
provided in division (F) of
this
section. | 3216 |
(1)Three dollars and
seventy-five cents
commencing on
July
1, | 3227 |
2001, four dollars and twenty-five cents
commencing on
January
1, | 3228 |
2003, and fourFour dollars and fifty cents
commencing on
January | 3229 |
|
1,
2004, and five dollars and fifty cents commencing on
October | 3230 |
|
1, 2009, for each
application for renewal of
a
driver's
license | 3231 |
|
received by the
deputy registrar, when the
applicant is
required | 3232 |
|
to submit to a screening
of the applicant's
vision under
section | 3233 |
|
4507.12 of the Revised
Code; | 3234 |
(2)
Two dollars and
seventy-five cents
commencing
on July 1, | 3235 |
2001, three dollars and twenty-five cents
commencing on
January 1, | 3236 |
2003, and threeThree dollars and fifty cents
commencing on | 3237 |
|
January 1,
2004, for each application
for a driver's
license, or | 3238 |
|
motorized
bicycle license, or for
renewal of such a
license, | 3239 |
|
received by the
deputy registrar,
when the applicant is
not | 3240 |
|
required to submit to
a screening of the applicant's
vision
under | 3241 |
|
section
4507.12 of the
Revised Code. | 3242 |
| (B) The fees prescribed by division (A) of this section
shall | 3243 |
|
be in addition to the fee for a temporary instruction
permit
and | 3244 |
|
examination, a driver's license, a motorized bicycle
license,
or | 3245 |
duplicates thereof, and. The fees retained by a deputy registrar | 3246 |
|
shall compensate the deputy
registrar
for the deputy registrar's | 3247 |
|
services, for office
and rental
expense, and
for costs as provided | 3248 |
in division (C)(D) of this
section, as are
necessary for the | 3249 |
|
proper discharge of the deputy
registrar's
duties under sections | 3250 |
|
4507.01 to 4507.39 of the
Revised Code. | 3251 |
| (C) A disabled veteran who has a service-connected
disability | 3252 |
|
rated at one hundred per cent by the veterans'
administration is | 3253 |
|
required to pay the applicable fee
prescribed in division (A) of | 3254 |
|
this section if the disabled veteran submits an
application for a | 3255 |
|
driver's license or motorized
bicycle license or a renewal of | 3256 |
|
either of these licenses
to a deputy registrar
who is acting as a | 3257 |
|
deputy registrar pursuant to a contract with the registrar
that is | 3258 |
|
in effect on the effective date of this amendment. The disabled | 3259 |
|
veteran also is required to submit with the disabled veteran's | 3260 |
|
application such documentary evidence of disability as the | 3261 |
|
registrar may
require by rule. | 3262 |
| (C) The registrar may permit deputy registrars to perform a | 3302 |
|
search and furnish a certified abstract under this section. A | 3303 |
|
deputy registrar performing this function shall comply with | 3304 |
|
section 4501.27 of the Revised Code concerning the disclosure of | 3305 |
|
personal information, shall collect and transmit to the registrar | 3306 |
the two dollareight-dollar fee established under division (B) of | 3307 |
this section, and may collect and retain a service fee of three | 3308 |
dollars and twenty-five cents commencing on the effective date of | 3309 |
this amendment. If the deputy registrar fees are increased on | 3310 |
January 1, 2004, in accordance with section 4503.034 of the | 3311 |
Revised Code, the deputy registrar may collect and retain a | 3312 |
service fee of three dollars and fifty cents, commencing on that | 3313 |
date. | 3314 |
| Of each eight-dollar fee the registrar collects under this | 3315 |
|
division, the registrar shall pay two dollars into the state | 3316 |
|
treasury to the credit of the state bureau of motor vehicles fund | 3317 |
|
established in section 4501.25 of the Revised Code, one dollar and | 3318 |
|
twenty-five cents into the state treasury to the credit of the | 3319 |
|
trauma and emergency medical services fund established in section | 3320 |
|
4513.263 of the Revised Code, one dollar and twenty-five cent into | 3321 |
|
the state treasury to the credit of the homeland security fund | 3322 |
|
established in section 5502.03 of the Revised Code, seventy-five | 3323 |
|
cents into the state treasury to the credit of the investigations | 3324 |
|
fund established in section 5502.131 of the Revised Code, two | 3325 |
|
dollars and twenty-five cents into the state treasury to the | 3326 |
|
credit of the emergency management agency service and | 3327 |
|
reimbursement fund established in section 5502.39 of the Revised | 3328 |
|
Code, and fifty cents into the state treasury to the credit of the | 3329 |
|
justice program services fund established in section 5502.67 of | 3330 |
|
the Revised Code. | 3331 |
| Sec. 4511.093. (A)(1) No law enforcement officer who stops | 3332 |
|
the operator of a motor vehicle in the course of an authorized | 3333 |
|
sobriety or other motor vehicle checkpoint operation or a motor | 3334 |
|
vehicle safety inspection shall issue a ticket, citation, or | 3335 |
|
summons for a secondary traffic offense unless in the course of | 3336 |
|
the checkpoint operation or safety inspection the officer first | 3337 |
|
determines that an offense other than a secondary traffic offense | 3338 |
|
has occurred and either places the operator or a vehicle occupant | 3339 |
|
under arrest or issues a ticket, citation, or summons to the | 3340 |
|
operator or a vehicle occupant for an offense other than a | 3341 |
|
secondary offense. | 3342 |
| (C) Division (B)(3) of this section does not apply to a | 3402 |
|
person who is required by section 4511.81 of the Revised Code to | 3403 |
|
be secured in a child restraint device or booster seat. Division | 3404 |
|
(B)(1) of this
section does not apply to a person who is an | 3405 |
|
employee of the
United States postal service or of a newspaper | 3406 |
|
home delivery
service, during any period in which the person is | 3407 |
|
engaged in the
operation of an automobile to deliver mail or | 3408 |
|
newspapers to
addressees. Divisions (B)(1) and (3) of this section | 3409 |
|
do not
apply
to a person who has an affidavit signed by a | 3410 |
|
physician
licensed to
practice in this state under Chapter 4731. | 3411 |
|
of the
Revised Code or
a chiropractor licensed to practice in this | 3412 |
|
state
under Chapter
4734. of the Revised Code that states that the | 3413 |
|
person has a
physical impairment that makes use of an occupant | 3414 |
|
restraining
device impossible or impractical. | 3415 |
(D) Notwithstanding any provision of law to the contrary,
no | 3416 |
A
law enforcement officer shallmay cause anthe operator of an | 3417 |
|
automobile
being operated on any street or highway to stop the | 3418 |
automobile forsolely because
the sole purpose of determining | 3419 |
whetherofficer observes that a
violation of division
(B) of this | 3420 |
section has been or is being
committed or for the sole
purpose of | 3421 |
issuing a ticket, citation,
or summons for a violation
of that | 3422 |
nature or
causing the arrest of or
commencing a
prosecution of a | 3423 |
person for a violation of
that nature, and no
law
enforcement | 3424 |
officer shall view the interior or visually
inspect
any automobile | 3425 |
being operated on any street or highway
for the
sole purpose of | 3426 |
determining whether ain the same manner as any other motor | 3427 |
vehicle traffic violation of that
nature has
been or is being | 3428 |
committed. | 3429 |
| (4) Twenty-eight per cent, plus one dollar and twenty-five | 3447 |
|
cents of each fee collected under sections 4501.34, 4503.26, | 3448 |
|
4506.08, and 4509.05, plus on and after October 1, 2009, one | 3449 |
|
dollar and twenty-five cents of each fee collected under sections | 3450 |
|
1548.14, 4505.14, and 4519.63 of the Revised Code as specified in | 3451 |
|
those sections, shall be deposited into the
trauma
and emergency | 3452 |
|
medical services fund, which is hereby created in
the
state | 3453 |
|
treasury, and shall be used by the department of public
safety for | 3454 |
|
the administration of the division of emergency
medical
services | 3455 |
|
and the state board of emergency medical services, except that the | 3456 |
|
director of budget and
management may transfer excess money from | 3457 |
|
the trauma and emergency
medical services fund to the state | 3458 |
|
highway safety fund if the
director of public safety determines | 3459 |
|
that the amount of money in
the trauma and emergency medical | 3460 |
|
services fund exceeds the amount
required to cover such costs | 3461 |
|
incurred by the emergency medical
services agency and requests | 3462 |
|
the director of budget and management
to make the transfer. | 3463 |
| (F)(1) Subject to division (F)(2) of this section, the | 3470 |
|
failure of a person to wear all of the available elements of a | 3471 |
|
properly adjusted occupant restraining device in violation of | 3472 |
|
division (B)(1) or (3) of this section
or the failure of a person
| 3473 |
|
to ensure that
each minor who is a
passenger of an automobile | 3474 |
|
being
operated by
that person is
wearing all of the available | 3475 |
|
elements of
a properly adjusted occupant restraining
device
in | 3476 |
|
violation of division (B)(2) of this
section shall
not
be | 3477 |
|
considered
or used by the trier of fact in a tort action as | 3478 |
|
evidence of negligence or contributory negligence. But, the trier | 3479 |
|
of fact may determine based on evidence admitted consistent with | 3480 |
|
the Ohio Rules of Evidence that the failure
contributed to the | 3481 |
|
harm alleged in the tort action and may
diminish a
recovery
of | 3482 |
|
compensatory damages that represents
noneconomic loss, as defined | 3483 |
|
in section 2307.011 of the Revised
Code, in
a tort action
that | 3484 |
|
could have been recovered but for the
plaintiff's failure to wear | 3485 |
|
all of the available elements of a
properly adjusted occupant | 3486 |
|
restraining device. Evidence of that
failure shall not be used as | 3487 |
|
a
basis for a
criminal prosecution of
the person other than a | 3488 |
|
prosecution for a
violation of this
section; and shall not be | 3489 |
|
admissible as evidence
in
a criminal
action involving
the person | 3490 |
|
other than a
prosecution for a
violation of this
section. | 3491 |
| (2) If, at the time of an accident involving a passenger
car | 3492 |
|
equipped with occupant restraining devices, any occupant of
the | 3493 |
|
passenger car who sustained injury or death was not wearing
an | 3494 |
|
available occupant restraining device, was not wearing all of
the | 3495 |
|
available elements of such a device, or was not wearing such
a | 3496 |
|
device as properly adjusted, then, consistent with the Rules of | 3497 |
|
Evidence, the fact that the occupant was not wearing the
available | 3498 |
|
occupant restraining device, was not wearing all of the
available | 3499 |
|
elements of such a device, or was not wearing such a
device as | 3500 |
|
properly adjusted is admissible in evidence in relation
to any | 3501 |
|
claim for relief in a tort action to the extent that the
claim for | 3502 |
|
relief satisfies all of the following: | 3503 |
| Sec. 4519.63. (A) The registrar of motor vehicles or the | 3522 |
|
clerk of the court of
common pleas, upon the application of any | 3523 |
person and payment of the proper
feesfee, may prepare and furnish | 3524 |
|
title information regarding
off-highway motorcycles and | 3525 |
|
all-purpose vehicles in the form and subject to
any
territorial | 3526 |
|
division or other classification as they may direct. The
registrar | 3527 |
|
or the clerk may search the records of the bureau of motor | 3528 |
vehicles
and the clerk regarding off-highway motorcycles and | 3529 |
all-purpose
vehicles and makefurnish reports thereof, and make | 3530 |
copies of their title information
and attestations thereofthose | 3531 |
|
records under the signature of the registrar or the clerk. | 3532 |
| (3) On and after October 1, 2009, the registrar shall pay two | 3567 |
|
dollars of each fee the registrar collects under division | 3568 |
|
(B)(1)(b) of this section into the state treasury to the credit of | 3569 |
|
the state bureau of motor vehicles fund established in section | 3570 |
|
4501.25 of the Revised Code. Of the remaining six dollars of each | 3571 |
|
such fee the registrar collects, the registrar shall deposit one | 3572 |
|
dollar and twenty-five cents into the state treasury to the credit | 3573 |
|
of the trauma and emergency medical services fund established in | 3574 |
|
section 4513.263 of the Revised Code, one dollar and twenty-five | 3575 |
|
cents into the state treasury to the credit of the homeland | 3576 |
|
security fund established under section 5502.03 of the Revised | 3577 |
|
Code, seventy-five cents into the state treasury to the credit of | 3578 |
|
the investigations fund established in section 5502.131 of the | 3579 |
|
Revised Code, two dollars and twenty-five cents into the state | 3580 |
|
treasury to the credit of the emergency management agency service | 3581 |
|
and reimbursement fund established in section 5502.39 of the | 3582 |
|
Revised Code, and fifty cents into the state treasury to the | 3583 |
|
credit of the justice program services fund established in section | 3584 |
|
5502.67 of the Revised Code. | 3585 |
| (4) On and after October 1, 2009, the clerk of the court of | 3586 |
|
common pleas shall retain two dollars of each fee the clerk | 3587 |
|
collects under division (B)(1)(b) of this section and deposit that | 3588 |
|
two dollars into the certificate of title administration fund | 3589 |
|
created by section 325.33 of the Revised Code. The clerk shall | 3590 |
|
forward the remaining six dollars to the registrar not later than | 3591 |
|
the fifth day of the month next succeeding that in which the | 3592 |
|
transaction occurred. Of that remaining six dollars, the registrar | 3593 |
|
shall deposit one dollar and twenty-five cents into the state | 3594 |
|
treasury to the credit of the trauma and emergency medical | 3595 |
|
services fund established in section 4513.263 of the Revised Code, | 3596 |
|
one dollar and twenty-five cents into the state treasury to the | 3597 |
|
credit of the homeland security fund established under section | 3598 |
|
5502.03 of the Revised Code, seventy-five cents into the state | 3599 |
|
treasury to the credit of the investigations fund established in | 3600 |
|
section 5502.131 of the Revised Code, two dollars and twenty-five | 3601 |
|
cents into the state treasury to the credit of the emergency | 3602 |
|
management agency service and reimbursement fund established in | 3603 |
|
section 5502.39 of the Revised Code, and fifty cents into the | 3604 |
|
state treasury to the credit of the justice program services fund | 3605 |
|
established in section 5502.67 of the Revised Code. | 3606 |
| Sec. 4561.17. (A) To provide revenue for
administering | 3607 |
|
sections 4561.17 to 4561.22
of the Revised Code relative to the | 3608 |
|
registration of aircraft, for
the surveying of and the | 3609 |
|
establishment, checking, maintenance,
and repair of aviation air | 3610 |
|
marking and of air navigation
facilities, for the acquiring, | 3611 |
|
maintaining, and repairing of
equipment necessary for those | 3612 |
|
purposes, and for the cost of creating
and distributing Ohio | 3613 |
|
aeronautical charts and Ohio airport and
landing field | 3614 |
|
directories, an annual license tax is hereby levied
upon all | 3615 |
|
aircraft based in this state for which an aircraft
worthiness | 3616 |
|
certificate issued by the federal aviation
administration is in | 3617 |
|
effect except the following: | 3618 |
(C)(D) The director of transportation may enter into | 3750 |
|
contracts with public
agencies including political subdivisions, | 3751 |
|
other state agencies, boards,
commissions, regional transit | 3752 |
authorities, county transit boards, and port
authorities, | 3753 |
| transportation innovation authorities, and any corporation | 3754 |
|
organized under the laws of Ohio, to administer the design, | 3755 |
|
qualification of bidders,
competitive
bid letting, construction | 3756 |
|
inspection, and acceptance of any projects
administered by the | 3757 |
|
department, provided the
administration of such projects is | 3758 |
|
performed in accordance with all applicable
state and federal laws | 3759 |
|
and regulations with oversight by the department. | 3760 |
| Sec. 5501.311. (A) Notwithstanding sections 123.01 and | 3761 |
|
127.16 of the Revised Code the director of transportation may | 3762 |
|
lease or lease-purchase all or any part of a transportation | 3763 |
|
facility to or
from one
or more persons, one or more governmental | 3764 |
|
agencies, a
transportation improvement district, transportation | 3765 |
innovation authority, or any
combination thereof,
and, in | 3766 |
conjunction therewith, may grant
leases, easements, or
licenses | 3767 |
|
for lands under the control of the
department of
transportation. | 3768 |
|
The director may adopt rules
necessary to give effect to this | 3769 |
|
section. | 3770 |
| (C) Any lease or lease-purchase agreement under which the | 3775 |
|
department is the
lessee shall be for a period not exceeding the | 3776 |
|
then current
two-year period for which appropriations have been | 3777 |
|
made by the
general assembly to the department, and such agreement | 3778 |
|
may
contain such other terms as the department and the other | 3779 |
|
parties
thereto agree, notwithstanding any other provision of law, | 3780 |
|
including provisions that rental payments in amounts sufficient
to | 3781 |
|
pay bond service charges payable during the current two-year
lease | 3782 |
|
term shall be an absolute and unconditional obligation of
the | 3783 |
|
department independent of all other duties under the
agreement | 3784 |
|
without set-off or deduction or any other similar
rights or | 3785 |
|
defenses. Any such agreement may provide for renewal
of the | 3786 |
|
agreement at the end of each term for another term, not
exceeding | 3787 |
|
two years, provided that no renewal shall be effective
until the | 3788 |
|
effective date of an appropriation enacted by the
general assembly | 3789 |
|
from which the department may lawfully pay
rentals under such | 3790 |
|
agreement. Any such agreement may
include, without limitation,
any | 3791 |
|
agreement by the department with
respect to any costs of | 3792 |
|
transportation facilities to be included
prior to acquisition and | 3793 |
|
construction of such transportation
facilities. Any such
agreement | 3794 |
|
shall not constitute a debt
or pledge of the faith and
credit of | 3795 |
|
the state, or of any
political subdivision of the state,
and the | 3796 |
|
lessor shall have no
right to have taxes or excises levied
by the | 3797 |
|
general assembly, or
the taxing authority of any political | 3798 |
|
subdivision of the state,
for the payment of rentals thereunder. | 3799 |
|
Any such agreement
shall contain a statement to that effect. | 3800 |
(G)In accordance with section 5501.031 of the Revised Code, | 3854 |
|
to further efforts to promote energy conservation and energy | 3855 |
|
efficiency, the director may grant a lease, easement, or license | 3856 |
|
in a transportation facility to a utility service provider that | 3857 |
|
has received its certificate from the Ohio power siting board or | 3858 |
|
appropriate local entity for construction, placement, or operation | 3859 |
|
of an alternative energy generating facility service provider as | 3860 |
|
defined in section 4928.64 of the Revised Code. An interest | 3861 |
|
granted under this division is subject to all of the following | 3862 |
|
conditions: | 3863 |
| Sec. 5501.34. (A) If circumstances alter the
highway | 3899 |
|
requirements after the director of transportation has
acquired | 3900 |
|
property so that
the real property or part of the real property is | 3901 |
|
no longer required for highway
purposes, the director, in the name | 3902 |
|
of the state, may
sell all the right, title, and interest of the | 3903 |
|
state in any of the real
property. After
determining that
a
parcel | 3904 |
|
of real property is no longer required
for highway
purposes, the | 3905 |
|
director shall have the parcel appraised by
a
department | 3906 |
|
prequalified appraiser. The director may accept a survey or | 3907 |
|
appraisal from an interested party, however, to facilitate the | 3908 |
|
disposal of real property no longer required for highway purposes. | 3909 |
|
Acceptance by the director of a survey or appraisal commissioned | 3910 |
|
by an interested party does not convey upon that interested party | 3911 |
|
any special right or standing relative to any other abutting | 3912 |
|
landowner or member of the general public where the prospective | 3913 |
|
sale of the real property is concerned. | 3914 |
| (B) Except as otherwise provided in this section, the | 3915 |
|
director
shall advertise the sale of real property that is no | 3916 |
|
longer required for
highway purposes in
a newspaper of general | 3917 |
|
circulation in
the county in which the real property is situated | 3918 |
|
for at
least two
consecutive weeks prior to the date set for the | 3919 |
|
sale. The
real property may be sold at public auction to the | 3920 |
|
highest
bidder
for not less than two-thirds of its appraised | 3921 |
|
value,
but the director may reject all bids that are less than the | 3922 |
|
full appraised
value of the real property. However, if no sale has | 3923 |
|
been
effected after an
effort to sell under this
division, the | 3924 |
|
director may set aside the
appraisal, order a
new appraisal,
and, | 3925 |
|
except as otherwise provided in
this
section, readvertise the | 3926 |
|
property for sale. | 3927 |
| (F) Upon a determination that real property previously | 3952 |
|
acquired
within a highway improvement project corridor no longer | 3953 |
|
is needed for highway
purposes, the director may offer the | 3954 |
|
unneeded property to another landowner located within that | 3955 |
|
project's corridor as full or partial consideration for other real | 3956 |
|
property to be acquired from the landowner. If the landowner | 3957 |
|
accepts the offer, the director shall convey the unneeded property | 3958 |
|
directly to the landowner at the full fair market value determined | 3959 |
|
by the department by appraisal. The director shall credit the | 3960 |
|
value of the
unneeded property against the acquisition price of | 3961 |
|
the property
being acquired by the department, and the landowner | 3962 |
|
shall pay the
department the difference if the value of the | 3963 |
|
unneeded property
exceeds the acquisition price of the property | 3964 |
|
being acquired. | 3965 |
| (E) There is hereby created in the state treasury the | 4011 |
|
homeland security fund. The fund shall consist of one dollar and | 4012 |
|
twenty-five cents of each fee collected under sections
4501.34, | 4013 |
|
4503.26, 4506.08, and 4509.05 of the
Revised Code as
specified | 4014 |
|
in those sections, plus on and after October 1, 2009,
one dollar | 4015 |
|
and twenty-five cents of each fee collected under
sections | 4016 |
|
1548.14, 4505.14, and 4519.63 of the Revised Code as
specified in | 4017 |
|
those sections. The fund shall be
used to pay the
expenses of | 4018 |
|
administering the law relative to the
powers and
duties of the | 4019 |
|
executive director of the division of
homeland
security, except | 4020 |
|
that the director of budget and
management may
transfer excess | 4021 |
|
money from the homeland security
fund to the
state highway | 4022 |
|
safety fund if the director of public
safety
determines that the | 4023 |
|
amount of money in the homeland
security fund
exceeds the amount | 4024 |
|
required to cover such costs
incurred by the
division of | 4025 |
|
homeland security and requests the
director of budget
and | 4026 |
|
management to make the transfer. | 4027 |
| Sec. 5502.131. There is hereby created in the state treasury | 4028 |
|
the investigations fund. The fund shall consist of seventy-five | 4029 |
|
cents of each fee collected under sections 4301.34,
4503.26, | 4030 |
|
4506.08, and 4509.05 of the Revised
Code as specified in those | 4031 |
|
sections, plus on and after October 1, 2009, seventy-five cents of | 4032 |
|
each fee collected under sections 1548.14, 4505.14, and 4519.63 of | 4033 |
|
the Revised Code as specified in those sections. The director of | 4034 |
|
public safety
shall use the money in the fund to pay the | 4035 |
|
operating expenses of
investigations, except that the director of | 4036 |
|
budget and management
may transfer excess money from the | 4037 |
|
investigations fund to the
state highway safety fund if the | 4038 |
|
director of public safety
determines that the amount of money in | 4039 |
|
the investigations fund
exceeds the amount required to cover | 4040 |
|
investigative costs incurred
by the investigative unit and | 4041 |
|
requests the director of budget and
management to make the | 4042 |
|
transfer. | 4043 |
| Sec. 5502.39. There is hereby created in the state treasury | 4044 |
|
the emergency management agency service and reimbursement fund. | 4045 |
|
The fund shall consist of two dollars and twenty-five cents of | 4046 |
|
each fee collected under sections 4501.34, 4503.26,
4506.08, and | 4047 |
|
4509.05 of the Revised Code as
specified in those sections, plus | 4048 |
|
on and after October 1, 2009, two dollars and twenty-five cents of | 4049 |
|
each fee collected under sections 1548.14, 4505.14, and 4519.63 of | 4050 |
|
the Revised Code as specified in those sections, and money | 4051 |
|
collected under sections
5502.21 to 5502.38 of the Revised Code. | 4052 |
|
All money in the fund
shall be used to pay the costs of | 4053 |
|
administering programs of the
emergency management agency, except | 4054 |
|
that the director of budget
and management may transfer excess | 4055 |
|
money from the emergency
management agency service and | 4056 |
|
reimbursement fund to the state
highway safety fund if the | 4057 |
|
director of public safety determines
that the amount of money in | 4058 |
|
the emergency management agency
service and reimbursement fund | 4059 |
|
exceeds the amount required to
cover such costs incurred by the | 4060 |
|
emergency management agency and
requests the director of budget | 4061 |
|
and management to make the
transfer. | 4062 |
| Sec. 5502.67. There is hereby created in the state treasury | 4063 |
|
the justice program services fund. The fund shall consist of the | 4064 |
|
court costs designated for the fund pursuant to section 2949.094 | 4065 |
|
of the Revised Code, fifty
cents of each fee collected under | 4066 |
|
sections 4501.34,
4503.26,
4506.08, and 4509.05 of the Revised | 4067 |
|
Code as specified in those
sections, plus on and after October 1, | 4068 |
|
2009, fifty-five cents of
each fee collected under sections | 4069 |
|
1548.14, 4505.14, and 4519.63 of
the Revised Code as specified in | 4070 |
|
those sections, and all money
collected by
the division of | 4071 |
|
criminal justice services for
nonfederal purposes,
including | 4072 |
|
subscription fees for
participating in the Ohio
incident-based | 4073 |
|
reporting system under
division (C) of section
5502.62 of the | 4074 |
|
Revised Code, unless
otherwise designated by law.
The justice | 4075 |
|
program services fund
shall be used to pay costs of | 4076 |
|
administering the operations of the
division of criminal justice | 4077 |
|
services, except that the director
of budget and management may | 4078 |
|
transfer excess money from the
justice program services fund to | 4079 |
|
the state highway safety fund if
the director of public safety | 4080 |
|
determines that the amount of money
in the justice program | 4081 |
|
services fund exceeds the amount required
to cover such costs | 4082 |
|
incurred by the office of criminal justice
services and requests | 4083 |
|
the director of budget and management to
make the transfer. | 4084 |
| Sec. 5502.68. (A) There is hereby created in the state | 4085 |
treasury the drug law enforcement fund. ThreeNinety-seven per | 4086 |
|
cent of three dollars and fifty
cents out of each
ten-dollar | 4087 |
|
court cost imposed pursuant to
section 2949.094 of the
Revised | 4088 |
|
Code shall be credited to the
fund. Money in
the fund shall be | 4089 |
|
used
only in accordance with
this section to
award grants to | 4090 |
|
counties,
municipal
corporations, townships,
township police | 4091 |
|
districts, and
joint
township police districts to
defray the | 4092 |
|
expenses that a drug
task force organized in the
county, or in | 4093 |
|
the county in which the
municipal corporation,
township, or | 4094 |
|
district is located, incurs
in
performing its
functions related | 4095 |
|
to the enforcement of the
state's
drug laws and
other state | 4096 |
|
laws related to illegal drug
activity. | 4097 |
| The division of criminal justice services shall administer | 4098 |
|
all money deposited into the drug law enforcement fund and, by | 4099 |
|
rule adopted under Chapter 119. of the Revised Code, shall | 4100 |
|
establish procedures for a county, municipal corporation, | 4101 |
|
township, township police district, or joint township police | 4102 |
|
district to apply for money from the fund to defray the expenses | 4103 |
|
that a drug task force organized in the county, or in the county | 4104 |
|
in which the municipal corporation, township, or district is | 4105 |
|
located, incurs in performing its functions related to the | 4106 |
|
enforcement of the state's drug laws and other state laws related | 4107 |
|
to illegal drug activity, procedures and criteria for determining | 4108 |
|
eligibility of applicants to be provided money from the fund, and | 4109 |
|
procedures and criteria for determining the amount of money to be | 4110 |
|
provided out of the fund to eligible applicants. | 4111 |
| (B) The procedures and criteria established under division | 4112 |
|
(A) of this section for applying for money from the fund shall | 4113 |
|
include, but shall not be limited to, a provision requiring a | 4114 |
|
county, municipal corporation, township, township police district, | 4115 |
|
or joint township police district that applies for money from the | 4116 |
|
fund to specify in its application the amount of money desired | 4117 |
|
from the fund, provided that the cumulative amount requested in | 4118 |
|
all applications submitted for any single drug task force may not | 4119 |
|
exceed more than two hundred fifty thousand dollars in any | 4120 |
|
calendar year for that task force. | 4121 |
| Except as otherwise provided in this section and section | 4218 |
|
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513., | 4219 |
|
5515.,
5516.,
5517., 5519., 5521., 5523., 5525., 5527., 5528., | 4220 |
|
5529., 5531.,
5533., and 5535. of the Revised Code do not prohibit | 4221 |
|
telegraph,
telephone, and electric light and power companies from | 4222 |
|
constructing,
maintaining, and using telegraph,
telephone, or | 4223 |
|
electric light and
power lines along and upon such roads or | 4224 |
|
highways under sections
4931.19, 4933.14, or other sections of the | 4225 |
|
Revised Code, or to affect existing rights of any such companies, | 4226 |
|
or to require such companies to obtain a permit from the
director, | 4227 |
|
except with respect to the location of poles, wires,
conduits, and | 4228 |
|
other equipment comprising lines on or beneath the
surface of such | 4229 |
|
road or highways. | 4230 |
| This section does not prohibit steam or electric railroad | 4231 |
|
companies from constructing tracks across such roads or highways, | 4232 |
|
nor authorize the director to grant permission to any company | 4233 |
|
owning, operating, controlling, or managing a steam railroad or | 4234 |
|
interurban railway in this state to build a new line of railroad, | 4235 |
|
or to change or alter the location of existing tracks across any | 4236 |
|
road or highway on the state highway system at grade. No such | 4237 |
|
company shall change the elevation of any of its tracks across | 4238 |
|
such road or highway except in accordance with plans and | 4239 |
|
specifications first approved by the director. | 4240 |
| (B) Except as provided in division (C) of this section or as | 4253 |
|
otherwise authorized by applicable federal law or federal | 4254 |
|
regulations, no
person shall engage in selling or offering for | 4255 |
|
sale or exhibiting
for purposes of sale, goods, products, | 4256 |
|
merchandise, or services
within the bounds of rest areas within | 4257 |
|
the limits of the
right-of-way of interstate highways and other | 4258 |
|
state highways, or
in other areas within the limits of the | 4259 |
|
right-of-way of
interstate highways, unless the director issues a | 4260 |
|
permit in
accordance with section 5515.01 of the Revised Code. | 4261 |
|
Notwithstanding any
rules adopted by the director to the contrary | 4262 |
|
or any
other policy changes proposed by the director, each | 4263 |
|
district deputy director
of
the department of transportation shall | 4264 |
|
continue to implement any program
allowing organizations to | 4265 |
|
dispense free coffee or similar items after
obtaining
a permit | 4266 |
|
that operated within the district prior to
January 1, 1997. Each | 4267 |
|
district deputy
director shall operate such program within the | 4268 |
|
district in the same manner as
the program was operated prior to | 4269 |
|
that date. | 4270 |
| When the director exercises the authority conferred by this | 4302 |
|
section, all information with respect to the total estimate of | 4303 |
|
cost of the project to be built by contract and with
respect to | 4304 |
|
the estimate of cost of any particular item of work involved | 4305 |
|
therein shall be kept and regarded by the director and all the | 4306 |
|
director's
subordinates as confidential, and shall not be revealed | 4307 |
|
to any
person not employed in the department, or by the United | 4308 |
|
States
department of transportation in the case of projects | 4309 |
|
financed in
whole or part by federal funds, until after the bids | 4310 |
on the
project have been opened and readpublished. Section | 4311 |
|
5517.01 of the
Revised Code with respect to the public inspection | 4312 |
|
of estimates
of cost prior to the opening of bids and with respect | 4313 |
|
to filing
estimates of cost in the office of the district deputy | 4314 |
|
director
of transportation does not apply
when the authority | 4315 |
|
conferred
by this section is exercised. This section does not | 4316 |
|
prohibit the
department from furnishing estimates of cost to | 4317 |
|
counties,
municipal corporations, or other local political | 4318 |
|
subdivisions or
to railroad or railway companies proposing to pay | 4319 |
|
any portion of
the cost of an improvement. | 4320 |
| Section 5525.10 of the Revised Code, which provides that no | 4321 |
|
contract for any improvement shall be awarded for a greater sum | 4322 |
|
than the estimated cost thereof plus five per cent,
does not
apply | 4323 |
|
in the case of any project with respect to which the
authority | 4324 |
|
conferred by this section is exercised. In cases in
which the | 4325 |
|
authority conferred by this section is exercised and
in which the | 4326 |
|
bid of the
successful bidder exceeds the estimate, the director, | 4327 |
|
before
entering into a contract, shall determine that
the bid of | 4328 |
|
the successful bidder is fair and reasonable, and as long as the | 4329 |
|
federal government imposes regulation on prices charged for | 4330 |
|
construction service, shall require the successful bidder to | 4331 |
|
certify that the bidder's bid does not exceed the maximum | 4332 |
|
permitted by
such federal regulation. | 4333 |
| Sec. 5531.09. (A) The state infrastructure bank shall | 4334 |
|
consist
of the highway and transit infrastructure bank fund, the | 4335 |
|
aviation
infrastructure bank fund, the rail infrastructure bank | 4336 |
fund, and the
infrastructure bank obligations fund, and the new | 4337 |
|
generation infrastructure bank fund, which are hereby
created as | 4338 |
|
funds of the
state treasury, to be administered by the director of | 4339 |
|
transportation and used for the purposes described in division
(B) | 4340 |
|
of this section. The highway and transit infrastructure bank fund, | 4341 |
|
the
aviation infrastructure bank fund, and the rail infrastructure | 4342 |
|
bank fund
shall consist of federal grants and awards or other | 4343 |
|
assistance
received by the state and eligible for deposit therein | 4344 |
|
under
applicable federal law, payments received by the department | 4345 |
|
in
connection with providing financial assistance for qualifying | 4346 |
|
projects under division (B) of
this section, and such other | 4347 |
|
amounts as may be provided by
law. The infrastructure bank | 4348 |
|
obligations fund shall
consist of such
amounts of the proceeds of | 4349 |
|
obligations issued
under section 5531.10 of the Revised Code as | 4350 |
|
the
director of
transportation determines with the advice of the | 4351 |
|
director of budget and
management; and
such other amounts as may | 4352 |
|
be provided by law. The new generation infrastructure bank fund | 4353 |
|
shall consist of such other assistance received by the state as | 4354 |
|
may be
provided by law.
The director of budget and management, | 4355 |
|
upon the
request of the director of transportation, may transfer | 4356 |
|
amounts
between
the funds
created in this division, except the | 4357 |
|
infrastructure bank obligations fund.
The investment earnings of | 4358 |
|
each fund created by this division shall be
credited to such fund. | 4359 |
| (B)(1) The director of
transportation shall use the state | 4360 |
|
infrastructure bank, except the new generation infrastructure bank | 4361 |
|
fund, to
encourage public and private investment in transportation | 4362 |
|
facilities that contribute to the multi-modal and intermodal | 4363 |
|
transportation capabilities of the state, develop a variety of | 4364 |
|
financing techniques designed to expand the availability of | 4365 |
|
funding resources and to reduce direct state costs, maximize | 4366 |
|
private and local participation in financing projects, and
improve | 4367 |
|
the efficiency of the state transportation system by
using and | 4368 |
|
developing the particular advantages of each
transportation mode | 4369 |
|
to the fullest extent. In furtherance of
these purposes, the | 4370 |
|
director shall use the state infrastructure
bank to provide | 4371 |
|
financial assistance to public or private
entities for qualified | 4372 |
|
projects. Such assistance shall be in the
form of loans, loan | 4373 |
|
guarantees, letters of credit, leases, lease-purchase
agreements, | 4374 |
|
interest rate subsidies, debt
service reserves, and such
other | 4375 |
|
forms as the director determines to be appropriate. All
fees, | 4376 |
|
charges, rates of interest, payment schedules, security
for, and | 4377 |
|
other terms and conditions relating to such assistance
shall be | 4378 |
determined by the director. The highway and transit
infrastructure | 4379 |
bank fund, the aviation infrastructure bank fund, and the rail | 4380 |
infrastructure bank fund may be used to pay debt service on | 4381 |
obligations whose
proceeds have been deposited into the | 4382 |
infrastructure bank obligations fund. | 4383 |
| (2) The director shall use the new generation infrastructure | 4384 |
|
bank fund to encourage transportation innovation authorities | 4385 |
|
created under Chapter 5539. of the Revised Code to invest in | 4386 |
|
transportation facilities that contribute to the multi-modal and | 4387 |
|
intermodal transportation capabilities of the state, develop a | 4388 |
|
variety of financing techniques designed to expand the | 4389 |
|
availability of funding resources and to reduce direct state | 4390 |
|
costs, maximize transportation innovation authorities' | 4391 |
|
participation in financing projects, and improve the efficiency of | 4392 |
|
the state transportation system by using and developing the | 4393 |
|
particular advantages of each transportation mode to the fullest | 4394 |
|
extent. In furtherance of these purposes, the director shall use | 4395 |
|
the new generation infrastructure bank fund to provide financial | 4396 |
|
assistance to transportation innovation authorities for qualified | 4397 |
|
projects. Such assistance shall be in the form of loans, loan | 4398 |
|
guarantees, letters of credit, leases, lease-purchase agreements, | 4399 |
|
interest rate subsidies, debt service reserves, and such other | 4400 |
|
forms of assistance as the director determines to be appropriate. | 4401 |
|
All fees, charges, rates of interest, payment schedules, security | 4402 |
|
for, and other terms and conditions relating to such assistance | 4403 |
|
shall be determined by the director. | 4404 |
| (D) As used in this
section and in section 5531.10 of the | 4410 |
|
Revised Code, "qualified project" means
any
public or private | 4411 |
|
transportation project as determined by the director of | 4412 |
|
transportation,
including, without limitation, planning, | 4413 |
|
environmental impact studies, engineering, construction, | 4414 |
|
reconstruction, resurfacing, restoring,
rehabilitation, or | 4415 |
|
replacement of public or private
transportation facilities within | 4416 |
|
the state, studying the
feasibility thereof, and the acquisition | 4417 |
|
of real or personal
property or interests therein; any highway, | 4418 |
|
public transit,
aviation, rail, or other
transportation project | 4419 |
|
eligible for financing or aid under any
federal or state program; | 4420 |
|
and any project involving the
maintaining, repairing, improving, | 4421 |
|
or construction of any public
or private highway, road, street, | 4422 |
|
parkway, public
transit, aviation, or rail project,
and any | 4423 |
|
related rights-of-way, bridges, tunnels,
railroad-highway | 4424 |
|
crossings, drainage structures, signs,
guardrails, or protective | 4425 |
|
structures. | 4426 |
| (E) The general assembly finds that state infrastructure | 4427 |
|
projects, as defined in division (A)(8) of section 5531.10 of the | 4428 |
|
Revised Code, and
the state infrastructure bank, will materially | 4429 |
|
contribute to the economic
revitalization of areas of the state | 4430 |
|
and result in improving the economic
welfare of all the people of | 4431 |
|
the state. Accordingly, it is declared to be the
public purpose of | 4432 |
|
the state, through operations under sections 5531.09 and
5531.10 | 4433 |
|
of the Revised Code, and other applicable laws adopted pursuant to | 4434 |
|
Section
13 of Article VIII, Ohio Constitution, and
other authority | 4435 |
|
vested in the general assembly, to assist in and facilitate
the | 4436 |
|
purposes set forth in division (B) of section 5531.10 of the | 4437 |
|
Revised Code,
and to assist and cooperate with any governmental | 4438 |
|
agency in achieving such
purposes. | 4439 |
| "Service facilities" means service stations, restaurants, and | 4481 |
|
other facilities for food service, roadside parks and rest areas, | 4482 |
|
parking, camping, tenting, rest, and sleeping facilities, hotels | 4483 |
|
or motels, and all similar and other facilities providing services | 4484 |
|
to the traveling public in connection with the use of a tolled | 4485 |
|
project and owned, leased, licensed, or operated by the department | 4486 |
|
of transportation. | 4487 |
| "Tolled project" includes, but is not limited to, any express | 4491 |
|
or limited access
highway, motorway, interchange, service road, | 4492 |
|
bridge, tunnel, bypass, general purpose lane addition, high | 4493 |
|
occupancy lane, smart lane, intermodal facility, parking lot, | 4494 |
|
airport, runway, canal, port, waterway, rail line, railroad | 4495 |
|
interchange, railway spur, or highway project established, | 4496 |
|
constructed, reconstructed,
maintained, repaired, administered, | 4497 |
|
operated, or
improved, under
the jurisdiction of the department | 4498 |
|
of
transportation and pursuant
to sections 5531.11 to 5531.18 of | 4499 |
|
the
Revised Code, at a location
or locations determined by the | 4500 |
|
director of transportation,
including all bridges, tunnels, | 4501 |
|
overpasses, underpasses,
interchanges, entrance plazas, | 4502 |
|
approaches, those portions of
connecting public roads that serve | 4503 |
|
interchanges and are determined
by the director to be necessary | 4504 |
|
for the safe merging of traffic
between the tolled project and | 4505 |
|
those nontolled public roads, toll
booths, service facilities, | 4506 |
|
and administration, storage, and other
buildings, property, and | 4507 |
|
facilities that the department considers
necessary for the | 4508 |
|
operation or policing of the tolled project,
together with all | 4509 |
|
property and rights that may be acquired by the
department for | 4510 |
|
the construction, maintenance, repair,
administration, | 4511 |
|
improvement, or operation of the tolled project,
and includes any | 4512 |
|
sections or extensions of a tolled project
designated by the | 4513 |
|
department as such for the particular purpose.
Each tolled | 4514 |
|
project may be separately designated, by name or
number, and may | 4515 |
|
be constructed, improved, or extended in such
sections as the | 4516 |
|
department may from time to time determine
pursuant to sections | 4517 |
|
5531.11 to 5531.18 of the Revised Code. A
tolled project, whether | 4518 |
|
publicly or privately owned, is a state
infrastructure project as | 4519 |
|
defined in section 5531.10 of the
Revised Code for all purposes | 4520 |
|
of that section and section 5531.09
of the Revised Code and also | 4521 |
|
is a transportation facility as
defined in section 5501.01 of the | 4522 |
|
Revised Code. | 4523 |
| Sec. 5531.12. In order to remove present and anticipated | 4529 |
|
handicaps and potential hazards on the highways in this
state, to | 4530 |
|
facilitate vehicular traffic throughout the state, to
promote the | 4531 |
|
agricultural, commercial, recreational, tourism, and
industrial | 4532 |
|
development of the state, and to provide for the
general welfare | 4533 |
|
by the construction, improvement, and maintenance
of modern | 4534 |
|
express highways embodying safety devices, including
center | 4535 |
|
divisions, ample shoulder widths, longsight distances,
multiple | 4536 |
|
lanes in each direction, and grade separations at
intersections | 4537 |
|
with other public roads and railroads, the
department of | 4538 |
|
transportation may construct, improve, maintain,
repair, | 4539 |
|
administer, and operate a system of new capacity projects
at | 4540 |
|
locations in accordance with alignment and design standards
that | 4541 |
|
are approved by the director of transportation. The tolled | 4542 |
|
projects authorized by sections 5531.11 to 5531.18 of the Revised | 4543 |
|
Code are part of the Ohio transportation system. | 4544 |
| Sec. 5531.13. (A) The director of transportation may acquire | 4545 |
|
or dispose of any public or private property or interests therein | 4546 |
|
the director determines to be necessary, convenient, or proper for | 4547 |
|
the construction, improvement, repair, maintenance, | 4548 |
|
administration, or operation of tolled projects in the same manner | 4549 |
|
as the director may acquire or dispose of such property for | 4550 |
|
transportation facilities or highway purposes, under sections | 4551 |
|
5501.311 to 5501.34 and 5501.45 and Chapter 5519. of the Revised | 4552 |
|
Code. | 4553 |
| Sec. 5531.14. (A) To the extent permitted by federal law, | 4570 |
|
the director of transportation may fix, revise, charge, and | 4571 |
|
collect tolls for each tolled project, and contract with any | 4572 |
|
person or governmental agency desiring the use of any part | 4573 |
|
thereof, including the right-of-way adjoining the paved portion, | 4574 |
|
for placing thereon telephone, electric light, or power lines, | 4575 |
|
service facilities, or for any other purpose, and fix the terms, | 4576 |
|
conditions, rents, and rates of charge for such use; provided, | 4577 |
|
that no toll, charge, or rental may be made for placing in, on, | 4578 |
|
along, over, or under the tolled project, equipment or public | 4579 |
|
utility facilities that are necessary to serve service facilities | 4580 |
|
or to interconnect any public utility facilities. | 4581 |
| In accordance with Chapter 119. of the Revised Code, the | 4582 |
|
director shall establish a plan, schedule, or system of tolls or | 4583 |
|
charges and shall declare the purpose, amount, and duration of the | 4584 |
|
tolls or charges. Any proposal to implement a toll or other charge | 4585 |
|
under this section may include a plan, schedule, or system of | 4586 |
|
tolls or charges that is subject to adjustment by the director | 4587 |
|
within and in accordance with that plan, schedule, or system | 4588 |
|
without further public notice and opportunity for public comment. | 4589 |
| (E) Except as provided in division (F) of this section, money | 4610 |
|
received from
tolls imposed under this section shall be deposited | 4611 |
|
to the credit
of the Ohio toll fund, which is hereby created in | 4612 |
|
the state
treasury. The treasurer of state may establish separate | 4613 |
|
subaccounts
within the Ohio toll fund as determined to be | 4614 |
|
necessary
or
convenient to pay costs of constructing, | 4615 |
|
improving,
repairing, maintaining, administering, and operating | 4616 |
|
tolled
projects within
the
Ohio transportation system. Any | 4617 |
|
remaining
money deposited
into
the Ohio toll fund shall be used | 4618 |
|
at the
discretion of the
director
to support construction, | 4619 |
|
improvement,
repair,
maintenance,
administration, and operation | 4620 |
|
costs for the
Ohio
transportation
system, or other activities | 4621 |
|
related to the
Ohio
transportation
system. All investment | 4622 |
|
earnings of the fund
shall be credited to the fund. | 4623 |
| (F) The issuing authority shall, by the fifteenth day of July | 4624 |
|
of each fiscal year, certify or cause to be certified to the | 4625 |
|
department of transportation and the office of budget and | 4626 |
|
management the total amount of money required during the current | 4627 |
|
fiscal year to meet in full all bond service charges and otherwise | 4628 |
|
comply with the requirements of any applicable bond proceedings. | 4629 |
|
The issuing authority shall make or cause to be made supplemental | 4630 |
|
certifications to the department of transportation and the office | 4631 |
|
of budget and management for each bond service payment date and at | 4632 |
|
such other times during each fiscal year as may be provided in the | 4633 |
|
applicable bond proceedings or required by that department or | 4634 |
|
office. Bond service charges, costs of credit enhancement | 4635 |
|
facilities, other financing costs, and any other amounts required | 4636 |
|
under the applicable bond proceedings shall be set forth | 4637 |
|
separately in each certification. Money received from tolls and | 4638 |
|
other pledged receipts shall be deposited to the credit of the | 4639 |
|
bond service fund at such times and in such amounts as are | 4640 |
|
necessary to satisfy all those payment requirements of the | 4641 |
|
applicable bond proceedings. | 4642 |
| Sec. 5531.16. (A) Each tolled project shall be maintained | 4667 |
|
and kept in good condition and repair by the department of | 4668 |
|
transportation. Tolled projects shall be operated by toll | 4669 |
|
collectors and other employees and agents that the department | 4670 |
|
employs or contracts for. Tolled projects shall be policed by the | 4671 |
|
state highway patrol in accordance with section 5503.02 of the | 4672 |
|
Revised Code; provided, that the state highway patrol also shall | 4673 |
|
enforce all rules of the department adopted under division (A) of | 4674 |
|
section 5531.15 of the Revised Code that relate to the operation | 4675 |
|
and use of vehicles on a tolled project and that are punishable | 4676 |
|
under division (A) of section 5531.99 of the Revised Code. | 4677 |
| (C) All governmental agencies may lease, lend, grant, or | 4684 |
|
convey to the department of transportation at its request, upon | 4685 |
|
terms that the proper authorities of the governmental agencies | 4686 |
|
consider reasonable and fair and without the necessity for an | 4687 |
|
advertisement, order of court, or other action or formality, other | 4688 |
|
than the regular and formal action of the authorities concerned, | 4689 |
|
any property that is necessary or convenient to the effectuation | 4690 |
|
of the purposes of sections 5531.11 to 5531.18 of the Revised | 4691 |
|
Code, including public roads and other property already devoted to | 4692 |
|
public use. | 4693 |
| Sec. 5531.17. The exercise of the powers granted by sections | 4701 |
|
5531.11 to 5531.18 of the Revised Code is in all respects for the | 4702 |
|
benefit of the people of the state, for the increase of their | 4703 |
|
commerce and prosperity, and for the improvement of their health | 4704 |
|
and living conditions; and as the construction, operation, and | 4705 |
|
maintenance of the Ohio toll-way system by the department of | 4706 |
|
transportation constitute the performance of essential | 4707 |
|
governmental functions, the department shall not be required to | 4708 |
|
pay any state or local taxes or assessments upon any tolled | 4709 |
|
project, or upon revenues or any property acquired or used by the | 4710 |
|
department under sections 5531.11 to 5531.18 of the Revised Code, | 4711 |
|
or upon the income therefrom. | 4712 |
| Sec. 5537.07. (A) When the cost to the Ohio turnpike | 4732 |
|
commission under any contract with a person other than a | 4733 |
|
governmental agency involves an expenditure of more than fifty | 4734 |
|
thousand dollars, the commission shall make a written contract | 4735 |
|
with the lowest responsive and responsible bidder in accordance | 4736 |
|
with section 9.312 of the Revised Code after advertisement for
not | 4737 |
|
less than two consecutive weeks in a newspaper of general | 4738 |
|
circulation in Franklin county, and in such other publications as | 4739 |
|
the commission determines, which notice shall state the general | 4740 |
|
character of the work and the general character of the materials | 4741 |
|
to be furnished, the place where plans and specifications
therefor | 4742 |
|
may be examined, and the time and place of receiving
bids. The | 4743 |
|
commission may require that the cost estimate for the | 4744 |
|
construction, demolition, alteration, repair, improvement, | 4745 |
|
renovation, or reconstruction of roadways and bridges for which | 4746 |
|
the commission is required to receive bids be kept confidential | 4747 |
|
and remain confidential until after all bids for the public | 4748 |
|
improvement have been received or the deadline for receiving bids | 4749 |
|
has passed. Thereafter, and before opening the bids submitted for | 4750 |
|
the roadways and bridges, the commission shall make the cost | 4751 |
|
estimate public knowledge by reading the cost estimate in a public | 4752 |
|
place. The commission may reject any and all bids. The | 4753 |
|
requirements of this division do not apply to contracts for the | 4754 |
|
acquisition of real property or compensation for professional or | 4755 |
|
other personal services. | 4756 |
(D) AOther than a contract referred to in division (B) of | 4769 |
|
this section, a bond with good and sufficient surety, in a form as | 4770 |
|
prescribed and approved by
the commission, shall be required of | 4771 |
every contractor awarded a
contract, other than a contract | 4772 |
referred to in division (B) of
this section,that involves an | 4773 |
|
expenditure in excess of one hundred fifty thousand dollars or any | 4774 |
|
contract with a service facility operator. The bond shall be in an | 4775 |
amount equal to at least fifty per cent of
the contract price,and | 4776 |
|
shall be conditioned upon the faithful performance of
the | 4777 |
|
contract. | 4778 |
| (E) Notwithstanding any other provisions of this section, the | 4779 |
|
commission may establish a program to expedite special projects by | 4780 |
|
combining the design and construction elements of any public | 4781 |
|
improvement project into a single contract. The commission shall | 4782 |
|
prepare and distribute a scope of work document upon which the | 4783 |
|
bidders shall base their bids. At a minimum, bidders shall meet | 4784 |
|
the requirements of section 4733.161 of the Revised Code. Except | 4785 |
|
in regard to those requirements relating to providing plans, the | 4786 |
|
commission shall award contracts following the requirements set | 4787 |
|
forth in divisions (A), (B), (C), and (D) of this section. | 4788 |
| "Governmental agency" means a county, township, or municipal | 4803 |
|
corporation, and any agency thereof; any other political | 4804 |
|
subdivision; any county transit system, regional transit | 4805 |
|
authority, or regional transit commission created under Chapter | 4806 |
|
306. of the Revised Code; any new community authority organized | 4807 |
|
under Chapter 349. of the Revised Code; one or more municipal | 4808 |
|
corporations and one or more townships acting pursuant to a | 4809 |
|
cooperative economic development agreement entered into under | 4810 |
|
section 701.07 of the Revised Code; any joint economic development | 4811 |
|
zone or joint economic development district organized under | 4812 |
|
Chapter 715. of the Revised Code; any metropolitan planning | 4813 |
|
organization; any port authority created under Chapter 4582. of | 4814 |
|
the Revised Code; any transportation improvement district created | 4815 |
|
under Chapter 5540. of the Revised Code; the Ohio rail development | 4816 |
|
commission created under Chapter 4981. of the Revised Code; any | 4817 |
|
other public corporation, agency, or commission established | 4818 |
|
pursuant to state law; and any combination of the above. | 4819 |
| "Transportation project" means a project constructed, | 4835 |
|
improved, operated, or managed under this chapter, including the | 4836 |
|
construction, reconstruction, alteration, repair, improvement, | 4837 |
|
operation, or management of any road, highway, bridge, or other | 4838 |
|
transportation facility as defined in section 5501.01 of the | 4839 |
|
Revised Code; any multimodal and intermodal systems; any public | 4840 |
|
transit system; and any freight or intercity passenger rail | 4841 |
|
system. | 4842 |
| Sec. 5539.02. The purpose of a transportation innovation | 4843 |
|
authority established under this chapter is to foster and | 4844 |
|
encourage the investment of public and private resources in the | 4845 |
|
planning and implementation of innovative transportation projects | 4846 |
|
to enhance the efficiency of the state's transportation system, | 4847 |
|
enhance intermodal and multimodal systems to streamline the | 4848 |
|
transportation of goods and persons, and encourage the improvement | 4849 |
|
and development of public transit systems and intercity passenger | 4850 |
|
rail service throughout the state. A transportation innovation | 4851 |
|
authority shall assist governmental agencies in the identification | 4852 |
|
of transportation needs that will foster growth and economic | 4853 |
|
development in the region conducive to the transportation projects | 4854 |
|
and shall assist in funding priority projects through cooperative | 4855 |
|
arrangements involving public and private partnerships. | 4856 |
| Sec. 5539.04. (A) A transportation innovation authority shall | 4894 |
|
be governed by a board of directors, the membership of which shall | 4895 |
|
be established by the governmental agencies comprising the | 4896 |
|
authority; provided, that there shall be an equal number of board | 4897 |
|
members representing each governmental agency comprising the | 4898 |
|
authority. Each member of the board serves at the pleasure of the | 4899 |
|
member's appointing authority, and the appointing authority may | 4900 |
|
remove an appointee the appointing authority has appointed at any | 4901 |
|
time and for any reason. Members of the board shall receive no | 4902 |
|
compensation but may be reimbursed for their necessary and actual | 4903 |
|
expenses incurred in the course of duties as board members. The | 4904 |
|
affirmative vote of a majority of the board is necessary to | 4905 |
|
transact business. | 4906 |
| Sec. 5539.06. The board and members of a transportation | 4950 |
|
innovation authority created under this chapter shall encourage | 4951 |
|
the participation of all political subdivisions within the | 4952 |
|
geographic jurisdiction of the authority. An authority shall | 4953 |
|
invite the participation of any new community authority, county | 4954 |
|
transit system, regional transit authority, regional transit | 4955 |
|
commission, joint economic development zone or joint economic | 4956 |
|
development district, transportation improvement district, port | 4957 |
|
authority, or metropolitan planning organization whose | 4958 |
|
jurisdiction is within or substantially within the jurisdiction | 4959 |
|
identified by an authority. | 4960 |
| Sec. 5539.09. (A) A transportation innovation authority may | 4992 |
|
acquire by purchase, lease, lease-purchase, lease with option to | 4993 |
|
purchase, or otherwise, and in such manner and for such | 4994 |
|
consideration as it considers proper, any public or private | 4995 |
|
property necessary, convenient, or proper for the construction, | 4996 |
|
maintenance, repair, or operation of a transportation project. | 4997 |
|
Title to real and personal property shall be held in the name of | 4998 |
|
the authority. Except as otherwise agreed to by the owner, full | 4999 |
|
compensation shall be paid for public property taken. | 5000 |
| (B) A governmental agency may exercise the power of eminent | 5001 |
|
domain to acquire property necessary for or in connection with a | 5002 |
|
transportation project, but only to the extent such power is | 5003 |
|
granted to the governmental agency individually. In any | 5004 |
|
proceedings for appropriation, the procedure to be followed shall | 5005 |
|
be in accordance with that provided in sections 163.01 to 163.22 | 5006 |
|
of the Revised Code or as otherwise provided by law for the | 5007 |
|
governmental agency. Nothing in this chapter shall be construed as | 5008 |
|
permitting a transportation innovation authority to exercise the | 5009 |
|
power of eminent domain as a collective entity to acquire property | 5010 |
|
necessary for or in connection with a transportation project. | 5011 |
| (D) Except as otherwise provided in this chapter, disposition | 5020 |
|
of real property shall be by sale, lease-purchase agreement, lease | 5021 |
|
with option to purchase, or otherwise in such manner and for such | 5022 |
|
consideration as the authority determines if to a governmental | 5023 |
|
agency or to a private entity involved in the transportation | 5024 |
|
project funding, and otherwise in the manner provided in section | 5025 |
|
5501.45 of the Revised Code for the disposition of property by the | 5026 |
|
director of transportation. Disposition of personal property shall | 5027 |
|
be in such manner and for such consideration as the authority | 5028 |
|
determines. | 5029 |
| Sec. 5539.10. The board of directors of a transportation | 5030 |
|
innovation authority may acquire real property in fee simple in | 5031 |
|
the name of the authority in connection with, but in excess of | 5032 |
|
that needed for, a project, by any method other than appropriation | 5033 |
|
and hold the property for such period of time as the board | 5034 |
|
determines. All right, title, and interest of the authority in the | 5035 |
|
property may be sold at public auction or otherwise, as the board | 5036 |
|
considers in the best interests of the authority, but in no event | 5037 |
|
shall the property be sold for less than two-thirds of its | 5038 |
|
appraised value. Sale at public auction shall be undertaken only | 5039 |
|
after the board advertises the sale in a newspaper of general | 5040 |
|
circulation in the area of the jurisdiction of the authority for | 5041 |
|
at least two weeks prior to the date set for the sale. | 5042 |
| (B) Projects identified by a transportation innovation | 5052 |
|
authority under this chapter may be funded through any combination | 5053 |
|
of revenue generated under the authority granted by this chapter | 5054 |
|
or under the authority granted to any governmental agency | 5055 |
|
participating as a member of an authority. Subject to the | 5056 |
|
following limitations, such funding sources may include special | 5057 |
|
fees and assessments levied by a governmental agency, fair share | 5058 |
|
payments, payments in lieu of property tax on improvements, cash | 5059 |
|
payments by private participants, dedicated portions of local | 5060 |
|
sales tax and local income tax receipts, loans or grants from | 5061 |
|
local, state, or federal sources, implementation of tolling | 5062 |
|
arrangements or other charges as authorized and governed by | 5063 |
|
sections 5531.11 to 5531.18 of the Revised Code, or any other | 5064 |
|
revenue raising or tax incentive authority available to an | 5065 |
|
authority or any governmental agency acting as a member of an | 5066 |
|
authority: | 5067 |
| (1) A transportation innovation authority may participate in | 5068 |
|
the levy of special assessments by a governmental agency to assist | 5069 |
|
in the payment of costs for the construction, reconstruction, | 5070 |
|
alteration, repair, improvement, operation, or management of an | 5071 |
|
identified transportation project if the authority determines that | 5072 |
|
the project will benefit the geographic area where the project | 5073 |
|
will be constructed, reconstructed, altered, repaired, improved, | 5074 |
|
operated, or maintained. | 5075 |
| An application to the tax commissioner for a tax refund
under | 5118 |
|
section 4307.05, 4307.07, 5727.28, 5727.91,
5728.061, 5735.122, | 5119 |
5735.13,
5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05, | 5120 |
|
5743.53,
5745.11,
5749.08, or 5751.08 of the Revised Code or | 5121 |
|
division (B) of
section 5703.05 of the Revised Code, or a fee | 5122 |
|
refunded under
section 3734.905 of the Revised Code, that is | 5123 |
|
received after the
last day for filing under such section shall be | 5124 |
|
considered to
have been filed in a timely manner if: | 5125 |
| Sec. 5703.70. (A) On the filing of an application for refund | 5140 |
|
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91, | 5141 |
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, | 5142 |
|
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,
| 5143 |
|
5749.08, or 5751.08 of the
Revised Code, or an application for | 5144 |
|
compensation under section 5739.123 of the Revised Code, if the | 5145 |
|
tax commissioner determines
that the amount
of the refund or | 5146 |
|
compensation to which the applicant is entitled
is less than the | 5147 |
|
amount claimed in the application, the
commissioner shall give
the | 5148 |
|
applicant written notice by ordinary
mail of the amount. The | 5149 |
|
notice shall be sent to the address shown
on the application | 5150 |
|
unless the applicant notifies the
commissioner of a
different | 5151 |
|
address. The applicant shall have
sixty days
from the
date the | 5152 |
|
commissioner mails the notice to
provide
additional
information to | 5153 |
|
the commissioner or request a
hearing,
or both. | 5154 |
| (2) An itemized statement of the number of gallons of all | 5197 |
|
motor fuel received by such motor fuel dealer in the
state from | 5198 |
|
any
source during the preceding calendar month, other than motor | 5199 |
|
fuel included in division (A)(1) of this section,
together with a | 5200 |
|
statement showing the date of receipt of such
motor fuel; the name | 5201 |
|
of the person from whom purchased or
received; the date of receipt | 5202 |
|
of each shipment of motor
fuel; the point of origin and the point | 5203 |
|
of destination of each
shipment; the quantity of each of said | 5204 |
|
purchases or shipments;
the name of the carrier; the number of | 5205 |
|
gallons contained in each
car if shipped by rail; the point of | 5206 |
|
origin, destination, and
shipper if shipped by pipe line; or the | 5207 |
|
name and owner of the
boat, barge, or vessel if shipped by water; | 5208 |
| (C) The report shall be filed together with payment of the | 5260 |
|
tax shown on the report to be due, unless the motor fuel dealer is | 5261 |
|
required
by section 5735.062 of the Revised Code to pay the tax by | 5262 |
|
electronic funds transfer, in which case the dealer shall file
the | 5263 |
|
report pursuant to this section and pay the tax pursuant to | 5264 |
|
section 5735.062 of the Revised Code. The commissioner may
extend | 5265 |
|
the time for filing reports and may remit all or part of
penalties | 5266 |
|
which may become due under sections 5735.01 to 5735.99
of the | 5267 |
|
Revised Code.
For
purposes of this
section and sections 5735.062 | 5268 |
|
and 5735.12 of the
Revised Code, a
report required to be filed | 5269 |
|
under this section is
considered filed
when it is received by the
| 5270 |
|
tax commissioner,
and remittance of the tax due is considered to | 5271 |
|
be made when the
remittance is received by the
tax commissioner
or | 5272 |
|
when credited
to an account designated by the treasurer of
state | 5273 |
|
and the tax commissioner for the
receipt of tax remittances.
The | 5274 |
|
tax commissioner shall immediately forward to the treasurer of | 5275 |
|
state all amounts received under this section. | 5276 |
| (B) Any motor fuel dealer shall
receive a
qualified fuel | 5298 |
|
credit on each gallon of qualified fuel used,
sold, or distributed | 5299 |
|
by the dealer and on which the dealer is
liable for the taxes | 5300 |
|
imposed by this chapter of the Revised Code. To
receive
a credit, | 5301 |
|
the dealer shall certify on the monthly report required by
section | 5302 |
|
5735.06 of the Revised Code the number of gallons of
qualified | 5303 |
|
fuel used, sold, or distributed during the month to
which the | 5304 |
|
report applies and upon which such taxes are imposed.
After | 5305 |
|
computation of the amount of the tax in accordance with
division | 5306 |
|
(B) of section 5735.06 of the Revised Code, the number
of gallons | 5307 |
|
of qualified fuel used, sold, or distributed during
the month to | 5308 |
|
which the report applies and included in the gallons
of motor fuel | 5309 |
|
upon which the tax is imposed shall be
multiplied by ten cents per | 5310 |
|
gallon. The resulting product shall
be subtracted from the tax | 5311 |
|
computed under division (B) of section
5735.06 of the Revised Code | 5312 |
|
and shall constitute the qualified
fuel credit provided by this | 5313 |
|
section. | 5314 |
| Sec. 5735.23. (A) Out of receipts from the tax levied by | 5366 |
|
section 5735.05 of the Revised Code, the treasurer of state shall | 5367 |
|
place to the credit of the tax refund fund established by section | 5368 |
|
5703.052 of the Revised Code amounts equal to the refunds | 5369 |
|
certified by the tax commissioner pursuant to sections 5735.13, | 5370 |
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised
Code. The | 5371 |
|
treasurer of state shall then transfer the amount
required by | 5372 |
|
section
5735.051 of the Revised Code to the waterways safety fund, | 5373 |
|
the
amount required by section 4907.472 of the Revised Code to the | 5374 |
|
grade crossing protection fund, and the amount required by section | 5375 |
|
5735.053 of the Revised Code to the motor fuel tax administration | 5376 |
|
fund. | 5377 |
| (B) Except as provided in division (D) of this
section, each | 5378 |
|
month the balance of the receipts from the tax
levied by section | 5379 |
|
5735.05 of the Revised Code shall be credited,
after receipt by | 5380 |
|
the treasurer of state of
certification from
the commissioners of | 5381 |
|
the sinking fund, as required by
section 5528.35 of the Revised | 5382 |
|
Code,
that
there are sufficient moneys to the credit of the | 5383 |
|
highway
obligations bond retirement fund to meet in full all | 5384 |
|
payments of
interest, principal, and charges for the retirement of | 5385 |
|
highway
obligations issued pursuant to Section 2i of Article VIII, | 5386 |
|
Ohio
Constitution, and sections 5528.30 and 5528.31 of the Revised | 5387 |
|
Code due and payable during the current calendar year, as
follows: | 5388 |
| (2) An amount equal to five cents multiplied by the number
of | 5419 |
|
gallons of motor fuel sold at stations operated by the
Ohio | 5420 |
|
turnpike commission, such gallonage to be certified by the | 5421 |
|
commission to the treasurer of state not later than the last day | 5422 |
|
of the month following. The funds paid to the commission
pursuant | 5423 |
|
to this section shall be expended for the construction, | 5424 |
|
reconstruction, maintenance, and repair of turnpike projects, | 5425 |
|
except that the funds may not be expended for the construction of | 5426 |
|
new interchanges. The funds also may be expended for the | 5427 |
|
construction, reconstruction, maintenance, and repair of those | 5428 |
|
portions of connecting public roads that serve existing | 5429 |
|
interchanges and are determined by the commission and the
director | 5430 |
|
of transportation to be necessary for the safe merging
of traffic | 5431 |
|
between the turnpike and those public roads. | 5432 |
| (a) Ten and seven-tenths per cent shall be paid to
municipal | 5435 |
|
corporations for distribution pursuant to division
(A)(1) of | 5436 |
|
section 5735.27 of the Revised Code and may be used for
any | 5437 |
|
purpose for which payments received under that division may
be | 5438 |
|
used. Through July 15, 2005, the sum of two hundred forty-eight | 5439 |
|
thousand six hundred twenty-five dollars shall be monthly | 5440 |
|
subtracted from the amount so computed and credited to the highway | 5441 |
|
operating fund. Beginning August 15, 2005, the sum of seven | 5442 |
|
hundred forty-five thousand eight hundred seventy-five dollars | 5443 |
|
shall be monthly subtracted from the amount so computed and | 5444 |
|
credited to the highway operating fund. | 5445 |
| (c) Nine and three-tenths per cent shall be paid to
counties | 5456 |
|
for distribution pursuant to division (A)(3) of section
5735.27 of | 5457 |
|
the Revised Code and may be used for any purpose for
which | 5458 |
|
payments received under that division may be used. Through July | 5459 |
|
15, 2005, the sum of two hundred forty-eight thousand six hundred | 5460 |
|
twenty-five dollars shall be monthly subtracted from the amount so | 5461 |
|
computed and credited to the highway operating fund. Beginning | 5462 |
|
August 15, 2005, the sum of seven hundred forty-five thousand | 5463 |
|
eight hundred seventy-five dollars shall be monthly subtracted | 5464 |
|
from the amount so computed and credited to the highway operating | 5465 |
|
fund. | 5466 |
| (D) Monthly from September to February of each fiscal year, | 5471 |
|
an amount equal to one-sixth of the amount certified in July of | 5472 |
|
that year by the treasurer of state pursuant to division (Q) of | 5473 |
|
section 151.01 of the Revised Code shall, from amounts
required to | 5474 |
|
be
credited or
transferred to the highway operating fund pursuant | 5475 |
|
to division
(B)(2)(c) or (C)(2)(d) of this
section, be credited or | 5476 |
|
transferred to the highway capital
improvement
bond service fund | 5477 |
|
created in section 151.06 of the
Revised Code. If, in any of those | 5478 |
|
months, the amount available to be credited or transferred to the | 5479 |
|
bond service fund is less than one-sixth of the amount so | 5480 |
|
certified, the shortfall shall be added to the amount due the next | 5481 |
|
succeeding month. Any amount still due at the end of the six-month | 5482 |
|
period shall be credited or transferred as the money becomes | 5483 |
|
available, until such time as the office of budget and management | 5484 |
|
receives certification from the treasurer of state or the | 5485 |
|
treasurer of state's
designee that sufficient money has been | 5486 |
|
credited
or transferred to the bond service fund to meet in full | 5487 |
|
all
payments of debt service and financing costs due during the | 5488 |
|
fiscal
year from that fund. | 5489 |
| Section 101.02. That existing sections 121.51, 125.11, | 5490 |
|
133.52, 151.01, 151.09, 151.40, 1548.14, 2949.094, 4501.01, | 5491 |
|
4501.03, 4501.044, 4501.06, 4501.34, 4503.04, 4503.042, 4503.07, | 5492 |
|
4503.10, 4503.182, 4503.26, 4503.65, 4505.14, 4506.08, 4507.05, | 5493 |
|
4507.071, 4507.23,
4507.24, 4509.05, 4511.093, 4513.263, | 5494 |
|
4519.63, 4561.17, 4561.18, 4561.21,
5501.03, 5501.311, 5501.34, | 5495 |
|
5502.03, 5502.39, 5502.67, 5502.68,
5515.01, 5515.07, 5517.011, | 5496 |
|
5525.15, 5531.09, 5537.07, 5537.99,
5703.053, 5703.70, 5735.06, | 5497 |
|
5735.145, 5735.16, and 5735.23 and
section 5735.141 of the | 5498 |
|
Revised Code are hereby repealed. | 5499 |
| Sec. 5703.70. (A) On the filing of an application for refund | 5503 |
|
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91, | 5504 |
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, | 5505 |
|
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,
| 5506 |
|
5749.08, or 5751.08 of the
Revised Code, or an application for | 5507 |
|
compensation under section 5739.061 of the Revised Code,
if the | 5508 |
|
tax commissioner determines
that the amount
of the refund
or | 5509 |
|
compensation to which the applicant is entitled
is less than
the | 5510 |
|
amount claimed in the application, the
commissioner shall give
the | 5511 |
|
applicant written notice by ordinary
mail of the amount. The | 5512 |
|
notice shall be sent to the address shown
on the application | 5513 |
|
unless the applicant notifies the
commissioner of a
different | 5514 |
|
address. The applicant shall have
sixty days
from the
date the | 5515 |
|
commissioner mails the notice to
provide
additional
information to | 5516 |
|
the commissioner or request a
hearing,
or both. | 5517 |
| Of the foregoing appropriation item 772422, Highway | 5617 |
|
Construction – Federal, $10,000,000 shall be used in each fiscal | 5618 |
|
year to provide grants to local transit authorities to purchase or | 5619 |
|
improve public transit vehicles. To provide for a cleaner | 5620 |
|
environment, new transit vehicles purchased and improvements made | 5621 |
|
to a local transit authority's existing fleet of vehicles with | 5622 |
|
funds provided under this section must foster the goals of | 5623 |
|
increasing fuel efficiency, reducing emissions, and using | 5624 |
|
alternative fuels, as appropriate. | 5625 |
| The obligations shall be dated, issued, and sold from time to | 5634 |
|
time in amounts necessary to provide sufficient
moneys to the | 5635 |
|
credit of the
Highway Capital Improvement Fund (Fund
7042) created | 5636 |
|
by section
5528.53 of the
Revised Code to pay costs
charged to the | 5637 |
|
fund when due as estimated by the
Director of
Transportation, | 5638 |
|
provided, however, that such obligations shall be issued and sold | 5639 |
|
at such time or times so that not more than $220,000,000 original | 5640 |
|
principal amount of obligations, plus the principal amount of | 5641 |
|
obligations that in prior fiscal years could have been, but were | 5642 |
|
not, issued within the $220,000,000 limit, may be issued in any | 5643 |
|
fiscal year, and not more than $1,200,000,000 original principal | 5644 |
|
amount of such obligations are outstanding at any one time. | 5645 |
| The Director of Budget and Management may approve requests | 5650 |
|
from
the Director of Transportation for transfer of Highway | 5651 |
|
Operating Fund (Fund 7002)
appropriations for highway planning and | 5652 |
|
research (appropriation
items
771411 and 771412), highway | 5653 |
|
construction (appropriation
items 772421,
772422, 772424, 772437, | 5654 |
|
and 772438), highway
maintenance
(appropriation item 773431), | 5655 |
|
rail grade crossings
(appropriation item 776462), aviation | 5656 |
|
(appropriation item
777475),
and administration (appropriation | 5657 |
|
item 779491).
The
Director of Budget and Management may
not make | 5658 |
|
transfers out of debt service appropriation
items unless
the | 5659 |
|
Director determines that the appropriated amounts
exceed the | 5660 |
|
actual and projected debt service requirements.
Transfers of | 5661 |
|
appropriations
may be made upon the
written request
of the | 5662 |
|
Director of Transportation and with the
approval of the
Director | 5663 |
|
of Budget and Management. The
transfers shall be
reported
to the | 5664 |
|
Controlling Board at the next
regularly scheduled
meeting
of the | 5665 |
|
board. | 5666 |
| The Director of Budget and Management may approve written | 5675 |
|
requests
from the Director of Transportation for the transfer of | 5676 |
|
appropriations between appropriation items 772422, Highway | 5677 |
|
Construction - Federal, 775452, Public Transportation -
Federal, | 5678 |
|
775454, Public Transportation - Other, and 775459, Elderly and | 5679 |
|
Disabled Special Equipment, based upon transit capital projects | 5680 |
|
meeting Federal
Highway Administration and Federal Transit | 5681 |
|
Administration funding
guidelines. The transfers shall be reported | 5682 |
|
to the Controlling
Board at its next regularly scheduled meeting. | 5683 |
| The Director of Budget and Management may approve requests | 5692 |
|
from the Director
of Transportation for transfer of
appropriations | 5693 |
|
and
cash from the Highway Operating Fund (Fund
7002)
to the | 5694 |
|
Infrastructure Bank funds
created in section 5531.09
of the | 5695 |
|
Revised Code.
The Director of Budget and Management may
transfer | 5696 |
|
from the Infrastructure Bank funds to the
Highway
Operating Fund | 5697 |
|
up to the amounts originally
transferred to the
Infrastructure | 5698 |
|
Bank funds under this
section. However, the
Director may not make | 5699 |
|
transfers
between modes or
transfers
between different funding | 5700 |
|
sources. The transfers shall be
reported
to the Controlling Board | 5701 |
|
at its next regularly scheduled meeting. | 5702 |
| Any balances of prior years' appropriations to the Highway | 5738 |
|
Operating Fund (Fund 7002), the Highway Capital Improvement Fund | 5739 |
|
(Fund 7042), and the Infrastructure Bank funds created in section | 5740 |
|
5531.09 of the Revised Code that are unencumbered on June 30, | 5741 |
|
2009, subject to the availability of revenue as determined by the | 5742 |
|
Director of Transportation, are hereby reappropriated for the same | 5743 |
|
purpose in fiscal year 2010 upon the request of the Director of | 5744 |
|
Transportation and with the approval of the Director of Budget and | 5745 |
|
Management. The reappropriations shall be reported to the | 5746 |
|
Controlling Board. | 5747 |
| Any balances of prior years' appropriations to the Highway | 5748 |
|
Operating Fund (Fund 7002), the Highway Capital Improvement Fund | 5749 |
|
(Fund 7042), and the Infrastructure Bank funds created in section | 5750 |
|
5531.09 of the Revised Code that are unencumbered on June 30, | 5751 |
|
2010, subject to the availability of revenue as determined by the | 5752 |
|
Director of Transportation, are hereby reappropriated for the same | 5753 |
|
purpose in fiscal year 2011 upon the request of the Director of | 5754 |
|
Transportation and with the approval of the Director of Budget and | 5755 |
|
Management. The reappropriations shall be reported to the | 5756 |
|
Controlling Board. | 5757 |
| The Director of Transportation may remove snow and ice and | 5764 |
|
maintain, repair, improve, or provide lighting upon interstate | 5765 |
|
highways that are located within the boundaries of municipal | 5766 |
|
corporations, adequate to meet the requirements of federal law. | 5767 |
|
When agreed in writing by the Director of Transportation and the | 5768 |
|
legislative authority of a municipal corporation and | 5769 |
|
notwithstanding sections 125.01 and 125.11 of the Revised Code, | 5770 |
|
the Department of Transportation may reimburse a municipal | 5771 |
|
corporation for all or any part of the costs, as provided by such | 5772 |
|
agreement, incurred by the municipal corporation in maintaining, | 5773 |
|
repairing, lighting, and removing snow and ice from the interstate | 5774 |
|
system. | 5775 |
| The Director of Transportation may use revenues from the | 5777 |
|
state
motor
vehicle fuel tax to match approved federal grants | 5778 |
|
awarded to the
Department of
Transportation, regional transit | 5779 |
|
authorities, or eligible public
transportation
systems, for public | 5780 |
|
transportation highway purposes, or to
support local or
state | 5781 |
|
funded projects for public transportation highway purposes.
Public | 5782 |
|
transportation highway purposes include: the construction
or | 5783 |
|
repair of high-occupancy vehicle traffic lanes, the acquisition
or | 5784 |
|
construction of
park-and-ride facilities, the acquisition or | 5785 |
|
construction of
public
transportation vehicle loops, the | 5786 |
|
construction or repair of
bridges used by
public transportation | 5787 |
|
vehicles or that are the responsibility of
a regional
transit | 5788 |
|
authority or other public transportation system, or other
similar | 5789 |
|
construction that is designated as an eligible public | 5790 |
|
transportation highway
purpose. Motor vehicle fuel tax revenues | 5791 |
|
may not be used for operating
assistance or for the purchase of | 5792 |
|
vehicles, equipment, or maintenance
facilities. | 5793 |
| The foregoing appropriation item 770003, Administration - | 5795 |
|
State
- Debt Service, shall be used to pay rent to the Ohio | 5796 |
|
Building
Authority for the period July 1, 2009, to June 30, 2011, | 5797 |
|
under the primary leases and agreements for various transportation | 5798 |
|
related capital facilities financed by obligations issued under | 5799 |
|
Chapter 152. of the Revised Code. The rental payments
shall be | 5800 |
|
made from
revenues received from the motor vehicle fuel
tax. The | 5801 |
|
amounts of
any bonds and notes to finance such capital
facilities | 5802 |
|
shall be at
the request of the Director of
Transportation. | 5803 |
|
Notwithstanding
section 152.24 of the Revised
Code, the Ohio | 5804 |
|
Building Authority
may, with approval of the
Office of Budget and | 5805 |
|
Management, lease
capital facilities to the
Department of | 5806 |
|
Transportation. | 5807 |
| Should the appropriation and any reappropriations from prior | 5815 |
|
years in appropriation item 770003 exceed the rental payments for | 5816 |
|
fiscal year
2010 or 2011, then prior to June 30, 2011, the balance | 5817 |
|
may be
transferred to appropriation item 772421, Highway | 5818 |
|
Construction - State, 773431, Highway Maintenance - State, or | 5819 |
|
779491, Administration - State, upon the written request of
the | 5820 |
|
Director of Transportation and with
the approval of the
Director | 5821 |
|
of Budget and Management. The transfer
shall be reported to
the | 5822 |
|
Controlling Board at its next regularly
scheduled meeting. | 5823 |
| The Registrar of Motor Vehicles may deposit
revenues to meet | 5908 |
|
the cash needs of the State Bureau of
Motor Vehicles Fund (Fund | 5909 |
|
4W40) established in section 4501.25 of
the Revised Code, obtained | 5910 |
|
under sections 4503.02 and
4504.02 of the Revised Code, less
all | 5911 |
|
other available cash. Revenue deposited pursuant to this
paragraph | 5912 |
|
shall support, in part,
appropriations for operating
expenses and | 5913 |
|
defray the cost of
manufacturing and distributing
license plates | 5914 |
|
and license plate
stickers and enforcing the law
relative to the | 5915 |
|
operation and
registration of motor vehicles.
Notwithstanding | 5916 |
|
section 4501.03 of the Revised Code, the revenues
shall be
paid | 5917 |
|
into Fund 4W40 before
any
revenues
obtained
pursuant to sections | 5918 |
|
4503.02 and 4504.02 of
the Revised
Code are
paid into any other | 5919 |
|
fund. The deposit of
revenues to meet
the aforementioned
cash | 5920 |
|
needs shall be in
approximately equal
amounts on a monthly basis | 5921 |
|
or as otherwise
determined by the
Director of Budget and | 5922 |
|
Management
pursuant to a
plan submitted by
the Registrar of Motor | 5923 |
|
Vehicles. | 5924 |
| Notwithstanding any provision of law to the contrary, on July | 5926 |
|
1, 2009, or as soon as possible thereafter, the Director of Budget | 5927 |
|
and Management may transfer, from the Bureau of Motor Vehicles | 5928 |
|
Fund (Fund 4W40), cash in the amounts of up to $635,293 to the | 5929 |
|
Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the | 5930 |
|
EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060 | 5931 |
|
to the Investigations Fund (Fund 5FL0). | 5932 |
| The foregoing appropriation item 761401, Lease Rental | 5940 |
|
Payments,
shall be used for payments to the Ohio Building | 5941 |
|
Authority for the
period July 1, 2009, to June 30, 2011, under the | 5942 |
|
primary
leases and agreements for public safety related buildings | 5943 |
|
financed by obligations issued under Chapter 152. of
the
Revised | 5944 |
|
Code. Notwithstanding section 152.24 of the Revised
Code, the Ohio | 5945 |
|
Building Authority may, with approval of the
Director of Budget | 5946 |
|
and Management, lease capital facilities to the
Department of | 5947 |
|
Public Safety. | 5948 |
|
Notwithstanding any provision of law to the contrary,
in | 5997 |
|
each of fiscal years 2010 and 2011, the first $750,000 received | 5998 |
|
to the credit of the Family Violence Prevention Fund (Fund 5BK0) | 5999 |
|
in
each of those fiscal years shall be appropriated to | 6000 |
|
appropriation
item 768689, Family Violence Shelter Programs, and | 6001 |
|
the next
$400,000 received to the credit of Fund 5BK0 in each of | 6002 |
|
those fiscal years shall
be
appropriated to appropriation item | 6003 |
|
768687, Criminal Justice
Services - Operating. Any moneys | 6004 |
|
received to the credit of Fund 5BK0 in excess of the | 6005 |
|
aforementioned appropriated amounts in each fiscal year shall, | 6006 |
|
upon the approval of the Controlling Board, be used to
provide | 6007 |
|
grants to family violence shelters in Ohio. | 6008 |
| Notwithstanding division (D) of section 127.14 and division | 6015 |
|
(B)
of section 131.35 of the Revised Code, except for the General | 6016 |
|
Revenue
Fund, the Controlling Board may, upon the request of | 6017 |
|
either the
Director of Budget and Management, or the Department of | 6018 |
|
Public
Safety
with the approval of the Director of Budget and | 6019 |
|
Management,
increase
appropriations for any fund, as necessary for | 6020 |
|
the Department of
Public Safety, to assist in paying the costs of | 6021 |
|
increases in
employee
compensation that have occurred pursuant to | 6022 |
|
collective bargaining agreements under Chapter 4117. of the | 6023 |
|
Revised Code and, for exempt employees, under section 124.152 of | 6024 |
|
the Revised Code. | 6025 |
| The Department of Transportation, under the direction of the | 6046 |
|
Department of
Development, shall provide these funds in accordance | 6047 |
|
with all guidelines and
requirements established for Department of | 6048 |
|
Development appropriation item
195412, Business
Development, | 6049 |
|
including Controlling Board review and approval as well as the | 6050 |
|
requirements for usage of gas tax revenue prescribed in Section 5a | 6051 |
|
of Article
XII, Ohio Constitution.
Should the Department of | 6052 |
|
Development require the
assistance of the Department of | 6053 |
|
Transportation to bring a project to
completion, the Department of | 6054 |
|
Transportation shall use its authority under
Title LV of the | 6055 |
|
Revised Code to provide such assistance and may enter into | 6056 |
|
contracts
on behalf of the Department of Development. In addition, | 6057 |
|
these
funds may be used in conjunction with appropriation item | 6058 |
|
195412,
Business
Development, or any
other state funds | 6059 |
|
appropriated for
infrastructure improvements. | 6060 |
| The Director of the Public Works Commission is authorized to | 6082 |
|
create a
District Administration Costs Program from interest | 6083 |
|
earnings of the Capital Improvements
Fund and Local
Transportation | 6084 |
|
Improvement Program Fund proceeds. The program shall be used to | 6085 |
|
provide for the direct costs of district
administration of the | 6086 |
|
nineteen
public works districts. Districts choosing to participate | 6087 |
|
in the program
shall only expend State Capital Improvements Fund | 6088 |
|
moneys
for State Capital Improvements Fund costs and
Local | 6089 |
|
Transportation
Improvement Program Fund moneys for Local | 6090 |
|
Transportation
Improvement
Program Fund costs. The account shall | 6091 |
|
not exceed
$1,235,000 per fiscal year. Each public works district | 6092 |
|
may be
eligible for up to
$65,000 per fiscal year from its | 6093 |
|
district
allocation as provided in sections
164.08 and 164.14 of | 6094 |
|
the
Revised Code. | 6095 |
| The Director of Budget and Management shall transfer cash in | 6183 |
|
equal monthly increments totaling $183,493,000 in each fiscal year | 6184 |
|
of the 2010-2011 biennium from the Highway Operating Fund, created | 6185 |
|
in section 5735.291 of the Revised Code, to the Gasoline Excise | 6186 |
|
Tax Fund created in division (A) of section 5735.27 of the Revised | 6187 |
|
Code. The monthly amounts transferred under this section shall be | 6188 |
|
distributed as follows: 42.86 per cent shall be distributed among | 6189 |
|
the municipal corporations within the state under division (A)(2) | 6190 |
|
of section 5735.27 of the Revised Code; 37.14 per cent shall be | 6191 |
|
distributed among the counties within the state under division | 6192 |
|
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent | 6193 |
|
shall be distributed among the townships within the state under | 6194 |
|
division (A)(5)(b) of section 5735.27 of the Revised Code. | 6195 |
| The Director of Budget and Management is authorized, upon | 6197 |
|
written request of the Director of the Public Works Commission, to | 6198 |
|
make periodic transfers of cash from the Highway Operating Fund | 6199 |
|
created in section 5735.291 of the Revised Code to the Local | 6200 |
|
Transportation Improvement Program Fund created in section 164.14 | 6201 |
|
of the Revised Code. These periodic transfers must total | 6202 |
|
$100,000,000 in fiscal year 2010 and $100,000,000 in fiscal year | 6203 |
|
2011 and are intended to fulfill the purposes of Section 18 of Am. | 6204 |
|
Sub. H.B. 554 of the 127th General Assembly. | 6205 |
| The Director of the Public Works Commission is authorized to | 6256 |
|
create a
District Administration Costs Program from interest | 6257 |
|
earnings of the Capital Improvements
Fund and Local
Transportation | 6258 |
|
Improvement Program Fund proceeds. The program shall be used to | 6259 |
|
provide for the direct costs of district
administration of the | 6260 |
|
nineteen
public works districts. Districts choosing to participate | 6261 |
|
in the program
shall only expend Capital Improvements Fund moneys | 6262 |
|
for Capital Improvements Fund costs and
Local
Transportation | 6263 |
|
Improvement Program Fund moneys for Local Transportation | 6264 |
|
Improvement
Program Fund costs. The account shall not exceed | 6265 |
|
$1,235,000 per fiscal year. Each public works district may be | 6266 |
|
eligible for up to
$65,000 per fiscal year from its district | 6267 |
|
allocation as provided in sections
164.08 and 164.14 of the | 6268 |
|
Revised Code. | 6269 |
| Notwithstanding division (B) of section 127.14 of the Revised | 6284 |
|
Code, all capital appropriations and reappropriations from the | 6285 |
Local
Transportation Improvement Program Fund (Fund 052) in this | 6286 |
actAm. Sub. H.B. 67 of the 127th General Assembly
remaining | 6287 |
|
unencumbered as of June 30, 2008, are reappropriated
for use | 6288 |
|
during the period July 1, 2008, through June 30, 2009, for
the | 6289 |
|
same purposes, subject to the availability of
revenue as | 6290 |
|
determined by the Director of the Public Works
Commission. | 6291 |
| The Treasurer of State is hereby authorized to issue and | 6309 |
|
sell, in accordance with Section 2o and 2q of Article VIII, Ohio | 6310 |
|
Constitution, and pursuant to sections 151.01 and 151.40 of the | 6311 |
|
Revised Code, original obligations in an aggregate principal | 6312 |
amount not to exceed $40,000,000$100,000,000 in addition to the | 6313 |
|
original
issuance of obligations heretofore authorized by prior | 6314 |
|
acts of the
General Assembly. These authorized obligations shall | 6315 |
|
be issued
and sold from time to time, subject to applicable | 6316 |
|
constitutional
and statutory limitations, as needed to ensure | 6317 |
|
sufficient moneys
to the credit of the Clean Ohio Revitalization | 6318 |
|
Fund (Fund 7003) to
pay costs of revitalization projects. | 6319 |
| Sec. 243.11. The Ohio Public Facilities Commission is
hereby | 6356 |
|
authorized to issue and sell, in accordance with Section
2o and | 6357 |
|
2q of
Article VIII, Ohio Constitution, and pursuant to sections | 6358 |
|
151.01
and 151.09 of the Revised Code, original obligations of | 6359 |
|
the state
in an aggregate principal amount not to exceed | 6360 |
$40,000,000$100,000,000 in
addition to the original issuance of | 6361 |
|
obligations
heretofore
authorized by prior acts of the General | 6362 |
|
Assembly.
These
authorized
obligations shall be issued and sold | 6363 |
|
from time
to
time, subject to
applicable constitutional and | 6364 |
|
statutory
limitations, as needed to
ensure sufficient moneys to | 6365 |
|
the credit
of the Clean Ohio
Conservation Fund (Fund 7056), the | 6366 |
|
Clean Ohio
Agricultural
Easement Fund (Fund 7057), and the Clean | 6367 |
|
Ohio Trail
Fund (Fund
7061) to pay costs of conservation | 6368 |
|
projects. | 6369 |
| Section 755.10. The Director of Transportation may enter into | 6373 |
|
agreements as provided in this section with the United States or | 6374 |
|
any department or agency of the United States, including, but not | 6375 |
|
limited to, the United States Army Corps of Engineers, the United | 6376 |
|
States Forest Service, the United States Environmental Protection | 6377 |
|
Agency, and the United States Fish and Wildlife Service. An | 6378 |
|
agreement entered into pursuant to this section shall be solely | 6379 |
|
for the purpose of dedicating staff to the expeditious and timely | 6380 |
|
review of environmentally related documents submitted by the | 6381 |
|
Director of Transportation, as necessary for the approval of | 6382 |
|
federal permits. The agreements may include provisions for advance | 6383 |
|
payment by the Director of Transportation for labor and all
other | 6384 |
|
identifiable costs of the United
States or any department or | 6385 |
|
agency of the United States providing the services, as may be | 6386 |
|
estimated by the United States, or the department or agency of the | 6387 |
|
United States. The Director shall submit a request to the | 6388 |
|
Controlling Board indicating the amount of the agreement, the | 6389 |
|
services to be performed by the United States or the department or | 6390 |
|
agency of the United States, and the circumstances giving rise to | 6391 |
|
the agreement. | 6392 |
| Section 755.20. As a result of the enactment of the | 6393 |
|
provisions of this act providing for the primary enforcement of | 6394 |
|
seat belt use violations in this state, the Ohio
Department of | 6395 |
|
Transportation shall apply for a one-time federal
grant from the | 6396 |
|
National Highway Traffic Safety Administration
offered in the | 6397 |
|
Safe, Accountable, Flexible and Efficient
Transportation Equity | 6398 |
|
Act of 2003 – A Legacy for Users
(SAFETEA-LU). One million | 6399 |
|
dollars of any such federal grant money
ODOT receives shall be | 6400 |
|
transferred to the Ohio Department of
Public Safety and expended | 6401 |
|
on safety activities in accordance with
23 U.S.C. Chapter 4. The | 6402 |
|
Ohio Department of Transportation shall
expend all remaining | 6403 |
|
grant money on eligible transportation safety
issues. | 6404 |
| (B) There is hereby established the Construction Zone | 6428 |
|
Automated Speed Enforcement System Pilot Project. Under the Pilot | 6429 |
|
Project, a violation of section 4511.21 of the Revised Code that | 6430 |
|
occurs within a construction zone that is located on an interstate | 6431 |
|
highway and is detected by an automated speed enforcement system | 6432 |
|
shall constitute a civil offense for which a civil penalty is | 6433 |
|
assessed against the owner of the motor vehicle that was involved | 6434 |
|
in the offense. The Pilot Project shall consist only of properly | 6435 |
|
marked construction zones that are located on interstate highways | 6436 |
|
and no other locations. The Department of Public Safety, with the | 6437 |
|
advice and assistance of the Department of Transportation, shall | 6438 |
|
administer the Pilot Project. | 6439 |
| (C) Under the Pilot Project, if an automated speed | 6440 |
|
enforcement system determines that a motor vehicle has violated | 6441 |
|
section 4511.21 of the Revised Code while traveling within a | 6442 |
|
construction zone that is located on an interstate highway, a | 6443 |
|
State Highway Patrol trooper shall view the motor vehicle image | 6444 |
|
and its speed as recorded by the automated speed enforcement | 6445 |
|
system to determine if a violation of section 4511.21 did in fact | 6446 |
|
occur. If the trooper determines that the violation did occur, the | 6447 |
|
trooper shall inform the Department of Public Safety or the | 6448 |
|
Department's designee of that fact. The Department or the | 6449 |
|
Department's designee shall issue to the motor vehicle owner a | 6450 |
|
citation for the offense, which shall include at a minimum the | 6451 |
|
date, time, and location that the alleged violation occurred, the | 6452 |
|
fact that the violation is being processed under the Pilot Project | 6453 |
|
not as a criminal offense but as a civil offense, and the amount | 6454 |
|
of the civil penalty. The citation also shall state clearly the | 6455 |
|
manners in which the motor vehicle owner is able to challenge the | 6456 |
|
citation. | 6457 |
| (b) Submits sufficient reliable, credible evidence that shows | 6465 |
|
that, more likely than not, at the time of the violation the motor | 6466 |
|
vehicle was in the care, custody, or control of another person. | 6467 |
|
Such evidence is required to be submitted by the motor vehicle | 6468 |
|
owner to the Department of Public Safety or the Department's | 6469 |
|
designee not later than 30 days after the date the owner is | 6470 |
|
notified of the violation in order for the evidence to be | 6471 |
|
considered submitted in a timely manner. The Department shall | 6472 |
|
adopt rules specifying what evidence is sufficiently reliable and | 6473 |
|
credible. | 6474 |
| (2) A motor vehicle leasing dealer or motor vehicle renting | 6475 |
|
dealer that receives a citation for an alleged violation of | 6476 |
|
section 4511.21 of the Revised Code that was detected by an | 6477 |
|
automated speed enforcement system is not liable if the citation | 6478 |
|
was issued for a motor vehicle that was in the care, custody, or | 6479 |
|
control of a lessee or renter at the time of the alleged | 6480 |
|
violation. A dealer that receives a citation for such a violation | 6481 |
|
shall notify the Department of Public Safety or the Department's | 6482 |
|
designee of the motor vehicle lessee's or renter's name and | 6483 |
|
address. In no case shall the dealer pay such a citation and then | 6484 |
|
attempt to collect a fee or assess the lessee or renter a charge | 6485 |
|
for any payment of such a citation made on behalf of the lessee or | 6486 |
|
renter. | 6487 |
| (F) An owner or operator of a motor vehicle that is involved | 6496 |
|
in a violation of section 4511.21 of the Revised Code that is | 6497 |
|
processed under the Pilot Project and who challenges the citation | 6498 |
|
in accordance with division (D)(1) or (2) of this section may | 6499 |
|
appeal a decision of the Department of Public Safety or the | 6500 |
|
Department's designee that imposes liability on the owner or | 6501 |
|
operator and the civil penalty, within thirty days of the date of | 6502 |
|
the decision, to the municipal court or county
court within whose | 6503 |
|
territorial jurisdiction the violation
occurred. The municipal | 6504 |
|
court or county court shall affirm the
decision of the Department | 6505 |
|
or the Department's designee if the
court finds that the decision | 6506 |
|
is supported by sufficient reliable,
credible evidence and is in | 6507 |
|
accordance with the law. | 6508 |
| (J) No municipal corporation, county, or township shall enact | 6569 |
|
an ordinance or adopt a resolution authorizing the use of an | 6570 |
|
automated speed enforcement system on any interstate highway | 6571 |
|
within its boundaries. Nothing in this division shall be construed | 6572 |
|
as prohibiting a municipal corporation, county, or township from | 6573 |
|
enacting an ordinance or adopting a resolution authorizing the use | 6574 |
|
of an automated speed enforcement system on any street or highway | 6575 |
|
within its boundaries that is not an interstate highway if the | 6576 |
|
municipal corporation, county, or township otherwise has the power | 6577 |
|
to do so. | 6578 |
| (2) The Department shall erect signs that shall inform | 6595 |
|
traffic approaching a construction zone that is located on an | 6596 |
|
interstate highway that the construction zone contains an | 6597 |
|
automated speed enforcement system to enforce section 4511.21 of | 6598 |
|
the Revised Code. The Department shall erect the signs not less | 6599 |
|
than one
thousand feet and not more than five thousand three | 6600 |
|
hundred feet before the boundary of the
construction zone. The | 6601 |
|
signs shall be so erected in each
direction of travel on the | 6602 |
|
interstate highway. The Department is responsible for all
costs | 6603 |
|
associated with the erection, maintenance, and replacement,
if | 6604 |
|
necessary, of the signs. All signs erected under division (L)
of | 6605 |
|
this section shall conform in size, color, location, and
content | 6606 |
|
to standards contained in the manual adopted by the
Department of | 6607 |
|
Transportation pursuant to section 4511.09 of the
Revised Code | 6608 |
|
and shall remain in place for as long as the
Department of Public | 6609 |
|
Safety utilizes the automated speed
enforcement system to enforce | 6610 |
|
section 4511.21 of the Revised Code
within the construction zone | 6611 |
|
under the Pilot Project. Any citation
issued by or on behalf of | 6612 |
|
the Department for a violation of
section 4511.21 of the Revised | 6613 |
|
Code based upon evidence gathered
by an automated speed | 6614 |
|
enforcement system device after the
effective date of this | 6615 |
|
section but before the signs have been
erected is invalid; | 6616 |
|
provided that no citation is invalid if the
Department is in | 6617 |
|
substantial compliance with the requirement of
division (L) of | 6618 |
|
this section to erect the signs. | 6619 |
| (N) The Construction Zone Automated Speed Enforcement System | 6637 |
|
Pilot Project shall terminate on July 1, 2011, and no citations | 6638 |
|
shall be issued under the Pilot Project on or after that date. | 6639 |
|
Citations that are issued under the Pilot Project before that date | 6640 |
|
may be processed after that date, and citation processing and | 6641 |
|
administrative hearings regarding such citations may continue | 6642 |
|
after that date until all citations issued under the Pilot Project | 6643 |
|
have reached final resolution. Upon certification by the Director | 6644 |
|
of Public Safety to the Director of Budget and Management that all | 6645 |
|
citations issued under the Pilot Project have reached final | 6646 |
|
resolution and all payments that are due the Department's designee | 6647 |
|
have been paid, the Director of Budget and Management shall | 6648 |
|
transfer all remaining money in the Automated Speed Enforcement | 6649 |
|
System Fund to the General Revenue Fund. | 6650 |
| An appropriation of money made in this act is not subject to | 6677 |
|
the referendum insofar as a contemplated expenditure authorized | 6678 |
|
thereby is wholly to meet a current expense within the meaning of | 6679 |
|
Ohio Constitution, Article II, Section 1d and section 1.471 of the | 6680 |
|
Revised Code. To that extent, the appropriation takes effect | 6681 |
|
immediately when this act becomes law. Conversely, the | 6682 |
|
appropriation is subject to the referendum insofar as a | 6683 |
|
contemplated expenditure authorized thereby is wholly or partly | 6684 |
|
not to meet a current expense within the meaning of Ohio | 6685 |
|
Constitution, Article II, Section 1d. To that extent, the | 6686 |
|
appropriation takes effect on the ninety-first day after this act | 6687 |
|
is filed with the Secretary of State. | 6688 |
| Section 812.30. The amendment, enactment, or repeal by this | 6689 |
|
act of the sections listed below is exempt from the referendum | 6690 |
|
because it is or relates to an appropriation for current expenses | 6691 |
|
within the meaning of Ohio Constitution, Article II, Section 1d | 6692 |
|
and section 1.471 of the Revised Code, or defines a tax levy | 6693 |
|
within the meaning of Ohio Constitution, Article II, Section 1d, | 6694 |
|
and therefore takes effect immediately when this act becomes law | 6695 |
|
or, if a later effective date is specified below, on that date. | 6696 |
| The right-hand column identifies the amendments to the listed | 6714 |
|
sections that are exempt from the referendum because they are or | 6715 |
|
relate to an appropriation for current expenses within the meaning | 6716 |
|
of Ohio Constitution, Article II, Section 1d and section 1.471 of | 6717 |
|
the Revised Code, or define a tax levy within the meaning of Ohio | 6718 |
|
Constitution, Article II, Section 1d, and therefore take effect | 6719 |
|
immediately when this act becomes law or, if a later effective | 6720 |
|
date is specified, on that date. | 6721 |