Am. Sub. H. B. No. 2 As Passed by the House

As Passed by the House

128th General Assembly

Regular Session

2009-2010

Am. Sub. H. B. No. 2

Representative Ujvagi

Cosponsors: Representatives Bolon, Boyd, Brown, Carney, Chandler, DeBose, Domenick, Dyer, Fende, Foley, Garrison, Hagan, Harris, Heard, Koziura, Letson, Luckie, Mallory, Otterman, Patten, Pillich, Pryor, Stewart, Sykes, Szollosi, Weddington, Williams, B., Williams, S., Winburn, Yates, Yuko

A BILL

To amend sections 121.51, 125.11, 133.52, 151.01,

151.09, 151.40, 955.201, 1548.10, 1548.14,

2911.21, 2949.094, 3781.10, 3905.423, 4163.01,

4163.07, 4501.01, 4501.03, 4501.044, 4501.06,

4501.21, 4501.34, 4503.04, 4503.042, 4503.07,

4503.10, 4503.103, 4503.182, 4503.26, 4503.65,

4505.032, 4505.09, 4505.14, 4506.07, 4506.08,

4506.11, 4507.05, 4507.06, 4507.071, 4507.13,

4507.23, 4507.24, 4507.51, 4507.52, 4509.05,

4511.01, 4511.093, 4511.181, 4511.191, 4511.213,

4513.03, 4513.263, 4519.02, 4519.03, 4519.04,

4519.08, 4519.09, 4519.10, 4519.44, 4519.47,

4519.59, 4519.63, 4561.17, 4561.18, 4561.21,

4981.02, 4981.02, 5501.03, 5501.311, 5501.34,

5502.03, 5502.39, 5502.67, 5502.68, 5515.01,

5515.07, 5517.011, 5525.01, 5525.15, 5531.09,

5537.07, 5537.99, 5735.06, and 5735.141; to

enact sections 5.24, 121.53, 122.077, 123.153,

1519.20, 3905.425, 4163.08, 4163.09, 4501.026,

4511.108, 4981.40, 5502.131, 5525.012, 5531.11,

5531.12, 5531.13, 5531.14, 5531.15, 5531.16,

5531.17, 5531.18, 5531.99, 5539.01, 5539.02,

5539.03, 5539.031, 5539.04, 5539.05, 5539.06,

5539.07, 5539.08, 5539.09, 5539.10, and

5539.11; and to repeal sections 955.202 and

5902.09 of the Revised Code and to amend

Section 229.10 of Am. Sub. H.B. 67 of the 127th

General Assembly, as subsequently amended; and

to amend Sections 217.10, 217.11, 239.10,

241.10, 243.10, 243.11, and 503.40 of Am. Sub.

H.B. 562 of the 127th General Assembly to make

appropriations for programs related to

transportation and public safety for the

biennium beginning July 1, 2009, and ending June

30, 2011, to provide authorization and

conditions for the operation of those and other

programs, to appropriate federal stimulus moneys

received under the American Recovery and

Reinvestment Act of 2009, and to repeal section

121.53 of the Revised Code on September 30, 2013.

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

Section 101.01. That sections 121.51, 125.11, 133.52,	41
151.01, 151.09, 151.40, 955.201, 1548.10, 1548.14, 2911.21,	42
2949.094, 3781.10, 3905.423, 4163.01, 4163.07, 4501.01, 4501.03,	43
4501.044, 4501.06, 4501.21, 4501.34, 4503.04, 4503.042,	44
4503.07, 4503.10, 4503.103, 4503.182, 4503.26, 4503.65,	45
4505.032, 4505.09, 4505.14, 4506.07, 4506.08, 4506.11, 4507.05,	46
4507.06, 4507.071, 4507.13, 4507.23, 4507.24, 4507.51, 4507.52,	47
4509.05, 4511.01, 4511.093, 4511.181, 4511.191, 4511.213,	48
4513.03, 4513.263, 4519.02, 4519.03, 4519.04, 4519.08, 4519.09,	49
4519.10, 4519.44, 4519.47, 4519.59, 4519.63, 4561.17, 4561.18,	50
4561.21, 4981.02, 5501.03, 5501.311, 5501.34, 5502.03, 5502.39,	51
5502.67, 5502.68, 5515.01, 5515.07, 5517.011, 5525.01, 5525.15,	52
5531.09, 5537.07, 5537.99, 5735.06, and 5735.141 be amended and	53
sections 5.24, 121.53, 122.077, 123.153, 1519.20, 3905.425,	54
4163.08, 4163.09, 4501.026, 4511.108, 4981.40, 5502.131,	55
5525.012, 5531.11, 5531.12, 5531.13, 5531.14, 5531.15, 5531.16,	56
5531.17, 5531.18, 5531.99, 5539.01, 5539.02, 5539.03, 5539.031,	57
5539.04, 5539.05, 5539.06, 5539.07, 5539.08, 5539.09, 5539.10,	58
and 5539.11 of the Revised Code be enacted to read as follows:	59

Sec. 5.24. The city of Dayton and county of Montgomery are	60
hereby designated as an Ohio hub of innovation and opportunity for	61
aerospace and aviation.	62

Sec. 121.51. There is hereby created in the office of the	63
inspector general the position of deputy inspector general for the	64
department of transportation. The inspector general shall appoint	65
the deputy inspector general, and the deputy inspector general	66
shall serve at the pleasure of the inspector general. A person	67
employed as the deputy inspector general shall have the same	68
qualifications as those specified in section 121.49 of the Revised	69
Code for the inspector general. The inspector general shall	70
provide technical, professional, and clerical assistance to the	71
deputy inspector general. ~~The inspector general shall certify to~~	72
~~the director of budget and management the costs, including the~~	73
~~salaries of the deputy inspector general and the employees~~	74
~~assisting the deputy inspector general, that the inspector~~	75
~~general expects the deputy inspector general to incur during the~~	76
~~fiscal year or such lesser period for which the certification is~~	77
~~made. The director of budget and management shall transfer the~~	78
~~amounts certified to~~	79

There is hereby created in the state treasury the deputy	80
inspector general for ODOT fund~~, which is hereby created in the~~	81
~~state treasury, from the appropriation made to the department~~	82
~~of transportation from which expenditures for general~~	83
~~administrative purposes, as distinguished from specific~~	84
~~infrastructure projects, are made. The transfers shall be made in~~	85
~~accordance with a schedule that the inspector general considers~~	86
~~to be appropriate but shall not be in amounts that would create~~	87
~~a balance in the fund in excess of need or that would exceed the~~	88
~~amount appropriated from the fund~~. The fund shall consist of	89
money credited to the fund for the payment of costs incurred by	90
the deputy inspector general in performing the duties of the	91
deputy inspector general as specified in this section. The	92
inspector general shall use the ~~deputy inspector general for~~	93
~~ODOT~~ fund to pay costs incurred by the deputy inspector	94
general in performing the duties of the deputy inspector general	95
as required under this section.	96

The deputy inspector general shall investigate all wrongful	97
acts or omissions that have been committed or are being committed	98
by employees of the department. In addition, the deputy inspector	99
general shall conduct a program of random review of the processing	100
of contracts associated with building and maintaining the state's	101
infrastructure. The random review program shall be designed by the	102
inspector general. The program shall be confidential and may be	103
altered by the inspector general at any time. The deputy inspector	104
general has the same powers and duties regarding matters	105
concerning the department as those specified in sections 121.42,	106
121.43, and 121.45 of the Revised Code for the inspector general.	107
Complaints may be filed with the deputy inspector general in the	108
same manner as prescribed for complaints filed with the inspector	109
general under section 121.46 of the Revised Code. All	110
investigations conducted and reports issued by the deputy	111
inspector general are subject to section 121.44 of the Revised	112
Code.	113

All officers and employees of the department shall cooperate	114
with and provide assistance to the deputy inspector general in the	115
performance of any investigation conducted by the deputy inspector	116
general. In particular, those persons shall make their premises,	117
equipment, personnel, books, records, and papers readily available	118
to the deputy inspector general. In the course of an	119
investigation, the deputy inspector general may question any	120
officers or employees of the department and any person transacting	121
business with the department and may inspect and copy any books,	122
records, or papers in the possession of the department, taking	123
care to preserve the confidentiality of information contained in	124
responses to questions or the books, records, or papers that are	125
made confidential by law. In performing any investigation, the	126
deputy inspector general shall avoid interfering with the ongoing	127
operations of the department, except insofar as is reasonably	128
necessary to complete the investigation successfully.	129

At the conclusion of an investigation by the deputy inspector	130
general, the deputy inspector general shall deliver to the	131
director of transportation and the governor any case for which	132
remedial action is necessary. The deputy inspector general shall	133
maintain a public record of the activities of the deputy inspector	134
general to the extent permitted under this section, ensuring that	135
the rights of the parties involved in each case are protected. The	136
inspector general shall include in the annual report required by	137
section 121.48 of the Revised Code a summary of the deputy	138
inspector general's activities during the previous year.	139

No person shall disclose any information that is designated	140
as confidential in accordance with section 121.44 of the Revised	141
Code or any confidential information that is acquired in the	142
course of an investigation conducted under this section to any	143
person who is not legally entitled to disclosure of that	144
information.	145

Sec. 121.53. There is hereby created in the office of the	146
inspector general the position of deputy inspector general for	147
funds received through the American recovery and reinvestment act	148
of 2009. The inspector general shall appoint the deputy inspector	149
general, and the deputy inspector general shall serve at the	150
pleasure of the inspector general. A person employed as the deputy	151
inspector general shall have the same qualifications as those	152
specified in section 121.49 of the Revised Code for the inspector	153
general. The inspector general shall provide technical,	154
professional, and clerical assistance to the deputy inspector	155
general.	156

There is hereby created in the state treasury the deputy	157
inspector general for funds received through the American recovery	158
and reinvestment act of 2009 fund. The fund shall consist of money	159
credited to the fund for the payment of costs incurred by the	160
deputy inspector general for performing the duties of the deputy	161
inspector general as specified in this section. The inspector	162
general shall use the fund to pay costs incurred by the deputy	163
inspector general in performing the duties of the deputy inspector	164
general as required under this section.	165

The deputy inspector general shall investigate all wrongful	166
acts or omissions that have been committed or are being committed	167
with respect to money received from the federal government under	168
the American Recovery and Reinvestment Act of 2009. In addition,	169
the deputy inspector general shall conduct a program of random	170
review of the processing of contracts associated with projects to	171
be paid for with such money. The random review program shall be	172
designed by the inspector general. The program shall be	173
confidential and may be altered by the inspector general at any	174
time. The deputy inspector general has the same powers and duties	175
regarding matters concerning such money as those specified in	176
sections 121.42, 121.43, and 121.45 of the Revised Code for the	177
inspector general. Complaints may be filed with the deputy	178
inspector general in the same manner as prescribed for complaints	179
filed with the inspector general under section 121.46 of the	180
Revised Code. All investigations conducted and reports issued by	181
the deputy inspector general are subject to section 121.44 of the	182
Revised Code.	183

All relevant state agencies shall cooperate with and provide	184
assistance to the deputy inspector general in the performance of	185
any investigation conducted by the deputy inspector general. In	186
particular, those persons shall make their premises, equipment,	187
personnel, books, records, and papers readily available to the	188
deputy inspector general. In the course of an investigation, the	189
deputy inspector general may question any officers or employees of	190
the relevant agency and any person transacting business with the	191
agency and may inspect and copy any books, records, or papers in	192
the possession of the agency, taking care to preserve the	193
confidentiality of information contained in responses to questions	194
or the books, records, or papers that are made confidential by	195
law. In performing any investigation, the deputy inspector general	196
shall avoid interfering with the ongoing operations of the agency,	197
except as is reasonably necessary to complete the investigation	198
successfully.	199

At the conclusion of an investigation by the deputy	200
inspector, the deputy inspector general shall deliver to the	201
speaker and minority leader of the house of representatives,	202
president and minority leader of the senate, governor, and	203
relevant agency any case for which remedial action is necessary.	204
The deputy inspector general shall maintain a public record of the	205
activities of the deputy inspector general to the extent permitted	206
under this section, ensuring that the rights of the parties	207
involved in each case are protected. The inspector general shall	208
include in the annual report required by section 121.48 of the	209
Revised Code a summary of the deputy inspector general's	210
activities during the previous year.	211

No person shall disclose any information that is designated	212
as confidential in accordance with section 121.44 of the Revised	213
Code or any confidential information that is acquired in the	214
course of an investigation conducted under this section to any	215
person who is not legally entitled to disclosure of that	216
information.	217

Notwithstanding anything to the contrary in this section or	218
section 121.51 of the Revised Code, the inspector general shall	219
coordinate and monitor the work of the deputy inspector general	220
for the department of transportation and the deputy inspector	221
general for funds received through the American Recovery and	222
Reinvestment Act of 2009. The objective of the inspector general	223
in this respect shall be to ensure that the work performed by each	224
deputy inspector general is most appropriate to that deputy	225
inspector general, that it does not duplicate work performed by	226
the other deputy inspector general, and that the result is an	227
overall effective and efficient operation within the office of the	228
inspector general.	229

Sec. 122.077. For the purpose of promoting the use of energy	230
efficient products to reduce greenhouse gas emissions in this	231
state, the director of development shall establish an energy star	232
rebate program under which the director may provide rebates to	233
consumers for household devices carrying the energy star label	234
indicating that the device meets the energy efficiency criteria of	235
the energy star program established by the United States	236
department of energy and the United States environmental	237
protection agency.	238

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

239

(1) "Minority business enterprise" has the same meaning as in	240
section 123.151 of the Revised Code.	241

(2) "EDGE business enterprise" has the same meaning as in	242
section 123.152 of the Revised Code.	243

(B) Beginning October 1, 2009, and on the first day of	244
October in each year thereafter, the director of administrative	245
services shall submit a written report to the governor and to each	246
member of the general assembly describing the progress made by	247
state agencies in advancing the minority business enterprise	248
program and the encouraging diversity, growth, and equity program.	249
The report shall highlight the initiatives implemented to	250
encourage participation of minority-owned, as well as socially and	251
economically disadvantaged, businesses in programs funded by	252
federal money received by the state for fiscal stabilization and	253
recovery purposes. The report shall also include the total number	254
of procurement contracts each agency has entered into with	255
certified minority business enterprises and EDGE business	256
enterprises.	257

Sec. 125.11. (A) Subject to division (B) of this section,	258
contracts awarded pursuant to a reverse auction under section	259
125.072 of the Revised Code or pursuant to competitive sealed	260
bidding, including contracts awarded under section 125.081 of the	261
Revised Code, shall be awarded to the lowest responsive and	262
responsible bidder on each item in accordance with section 9.312	263
of the Revised Code. When the contract is for meat products as	264
defined in section 918.01 of the Revised Code or poultry products	265
as defined in section 918.21 of the Revised Code, only those bids	266
received from vendors offering products from establishments on the	267
current list of meat and poultry vendors established and	268
maintained by the director of administrative services under	269
section 125.17 of the Revised Code shall be eligible for	270
acceptance. The department of administrative services may accept	271
or reject any or all bids in whole or by items, except that when	272
the contract is for services or products available from a	273
qualified nonprofit agency pursuant to sections 125.60 to 125.6012	274
or 4115.31 to 4115.35 of the Revised Code, the contract shall be	275
awarded to that agency.	276

(B)(1) Prior to awarding a contract under division (A) of	277
this section, the department of administrative services or the	278
state agency responsible for evaluating a contract for the	279
purchase of products shall evaluate the bids received according to	280
the criteria and procedures established pursuant to divisions	281
(C)(1) and (2) of section 125.09 of the Revised Code for	282
determining if a product is produced or mined in the United States	283
and if a product is produced or mined in this state. The	284
department or other state agency shall first remove bids that	285
offer products that have not been or that will not be produced or	286
mined in the United States. From among the remaining bids, the	287
department or other state agency shall select the lowest	288
responsive and responsible bid, in accordance with section 9.312	289
of the Revised Code, from among the bids that offer products that	290
have been produced or mined in this state where sufficient	291
competition can be generated within this state to ensure that	292
compliance with these requirements will not result in an excessive	293
price for the product or acquiring a disproportionately inferior	294
product. If there are two or more qualified bids that offer	295
products that have been produced or mined in this state, it shall	296
be deemed that there is sufficient competition to prevent an	297
excessive price for the product or the acquiring of a	298
disproportionately inferior product.	299

(2) The requirement of division (B)(1) of this section that	300
deems sufficient competition exists does not apply to the	301
acquisition of materials necessary for the removal of snow and ice	302
by the department of transportation under section 5501.41 of the	303
Revised Code.	304

Nothing in this division shall be deemed to conflict with the	305
preferences for United States and Ohio products established in	306
section 125.09 of the Revised Code.	307

(C) Division (B) of this section applies to contracts for	308
which competitive bidding is waived by the controlling board.	309

(D) Division (B) of this section does not apply to the	310
purchase by the division of liquor control of spirituous liquor.	311

(E) The director of administrative services shall publish in	312
the form of a model act for use by counties, townships, municipal	313
corporations, or any other political subdivision described in	314
division (B) of section 125.04 of the Revised Code, a system of	315
preferences for products mined and produced in this state and in	316
the United States and for Ohio-based contractors. The model act	317
shall reflect substantial equivalence to the system of preferences	318
in purchasing and public improvement contracting procedures under	319
which the state operates pursuant to this chapter and section	320
153.012 of the Revised Code. To the maximum extent possible,	321
consistent with the Ohio system of preferences in purchasing and	322
public improvement contracting procedures, the model act shall	323
incorporate all of the requirements of the federal "Buy America	324
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and	325
the rules adopted under that act.	326

Before and during the development and promulgation of the	327
model act, the director shall consult with appropriate statewide	328
organizations representing counties, townships, and municipal	329
corporations so as to identify the special requirements and	330
concerns these political subdivisions have in their purchasing and	331
public improvement contracting procedures. The director shall	332
promulgate the model act by rule adopted pursuant to Chapter 119.	333
of the Revised Code and shall revise the act as necessary to	334
reflect changes in this chapter or section 153.012 of the Revised	335
Code.	336

The director shall make available copies of the model act,	337
supporting information, and technical assistance to any township,	338
county, or municipal corporation wishing to incorporate the	339
provisions of the act into its purchasing or public improvement	340
contracting procedure.	341

Sec. 133.52. A county, municipal corporation, or township may	342
issue or incur public obligations, including general obligations,	343
to provide, or assist in providing, grants, loans, loan	344
guarantees, or contributions for conservation and revitalization	345
purposes pursuant to ~~Section~~Sections 2o and 2q of Article VIII,	346
Ohio Constitution.	347

Sec. 151.01. (A) As used in sections 151.01 to 151.11 and	348
151.40 of the Revised Code and in the applicable bond proceedings	349
unless otherwise provided:	350

(1) "Bond proceedings" means the resolutions, orders,	351
agreements, and credit enhancement facilities, and amendments and	352
supplements to them, or any one or more or combination of them,	353
authorizing, awarding, or providing for the terms and conditions	354
applicable to or providing for the security or liquidity of, the	355
particular obligations, and the provisions contained in those	356
obligations.	357

(2) "Bond service fund" means the respective bond service	358
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	359
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code, and	360
any accounts in that fund, including all moneys and investments,	361
and earnings from investments, credited and to be credited to that	362
fund and accounts as and to the extent provided in the applicable	363
bond proceedings.	364

(3) "Capital facilities" means capital facilities or projects	365
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	366
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code.	367

(4) "Costs of capital facilities" means the costs of	368
acquiring, constructing, reconstructing, rehabilitating,	369
remodeling, renovating, enlarging, improving, equipping, or	370
furnishing capital facilities, and of the financing of those	371
costs. "Costs of capital facilities" includes, without limitation,	372
and in addition to costs referred to in section 151.03, 151.04,	373
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, 151.11, or 151.40	374
of the Revised Code, the cost of clearance and preparation of the	375
site and of any land to be used in connection with capital	376
facilities, the cost of any indemnity and surety bonds and	377
premiums on insurance, all related direct administrative expenses	378
and allocable portions of direct costs of the issuing authority,	379
costs of engineering and architectural services, designs, plans,	380
specifications, surveys, and estimates of cost, financing costs,	381
interest on obligations from their date to the time when interest	382
is to be paid from sources other than proceeds of obligations,	383
amounts necessary to establish any reserves as required by the	384
bond proceedings, the reimbursement of all moneys advanced or	385
applied by or borrowed from any person or governmental agency or	386
entity for the payment of any item of costs of capital facilities,	387
and all other expenses necessary or incident to planning or	388
determining feasibility or practicability with respect to capital	389
facilities, and such other expenses as may be necessary or	390
incident to the acquisition, construction, reconstruction,	391
rehabilitation, remodeling, renovation, enlargement, improvement,	392
equipment, and furnishing of capital facilities, the financing of	393
those costs, and the placing of the capital facilities in use and	394
operation, including any one, part of, or combination of those	395
classes of costs and expenses. For purposes of sections 122.085 to	396
122.0820 of the Revised Code, "costs of capital facilities"	397
includes "allowable costs" as defined in section 122.085 of the	398
Revised Code.	399

(5) "Credit enhancement facilities," "financing costs," and	400
"interest" or "interest equivalent" have the same meanings as in	401
section 133.01 of the Revised Code.	402

(6) "Debt service" means principal, including any mandatory	403
sinking fund or redemption requirements for retirement of	404
obligations, interest and other accreted amounts, interest	405
equivalent, and any redemption premium, payable on obligations. If	406
not prohibited by the applicable bond proceedings, debt service	407
may include costs relating to credit enhancement facilities that	408
are related to and represent, or are intended to provide a source	409
of payment of or limitation on, other debt service.	410

(7) "Issuing authority" means the Ohio public facilities	411
commission created in section 151.02 of the Revised Code for	412
obligations issued under section 151.03, 151.04, 151.05, 151.07,	413
151.08, 151.09, 151.10, or 151.11 of the Revised Code, or the	414
treasurer of state, or the officer who by law performs the	415
functions of that office, for obligations issued under section	416
151.06 or 151.40 of the Revised Code.	417

(8) "Net proceeds" means amounts received from the sale of	418
obligations, excluding amounts used to refund or retire	419
outstanding obligations, amounts required to be deposited into	420
special funds pursuant to the applicable bond proceedings, and	421
amounts to be used to pay financing costs.	422

(9) "Obligations" means bonds, notes, or other evidences of	423
obligation of the state, including any appertaining interest	424
coupons, issued under Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	425
Article VIII, Ohio Constitution, and pursuant to sections 151.01	426
to 151.11 or 151.40 of the Revised Code or other general assembly	427
authorization.	428

(10) "Principal amount" means the aggregate of the amount as	429
stated or provided for in the applicable bond proceedings as the	430
amount on which interest or interest equivalent on particular	431
obligations is initially calculated. Principal amount does not	432
include any premium paid to the state by the initial purchaser of	433
the obligations. "Principal amount" of a capital appreciation	434
bond, as defined in division (C) of section 3334.01 of the Revised	435
Code, means its face amount, and "principal amount" of a zero	436
coupon bond, as defined in division (J) of section 3334.01 of the	437
Revised Code, means the discounted offering price at which the	438
bond is initially sold to the public, disregarding any purchase	439
price discount to the original purchaser, if provided for pursuant	440
to the bond proceedings.	441

(11) "Special funds" or "funds," unless the context indicates	442
otherwise, means the bond service fund, and any other funds,	443
including any reserve funds, created under the bond proceedings	444
and stated to be special funds in those proceedings, including	445
moneys and investments, and earnings from investments, credited	446
and to be credited to the particular fund. Special funds do not	447
include the school building program assistance fund created by	448
section 3318.25 of the Revised Code, the higher education	449
improvement fund created by division (F) of section 154.21 of the	450
Revised Code, the highway capital improvement bond fund created by	451
section 5528.53 of the Revised Code, the state parks and natural	452
resources fund created by section 1557.02 of the Revised Code, the	453
coal research and development fund created by section 1555.15 of	454
the Revised Code, the clean Ohio conservation fund created by	455
section 164.27 of the Revised Code, the clean Ohio revitalization	456
fund created by section 122.658 of the Revised Code, the job ready	457
site development fund created by section 122.0820 of the Revised	458
Code, the third frontier research and development fund created by	459
section 184.19 of the Revised Code, the third frontier research	460
and development taxable bond fund created by section 184.191 of	461
the Revised Code, or other funds created by the bond proceedings	462
that are not stated by those proceedings to be special funds.	463

(B) Subject to Section 2l, 2m, 2n, 2o, 2p, 2q, or 15, and	464
Section 17, of Article VIII, Ohio Constitution, the state, by the	465
issuing authority, is authorized to issue and sell, as provided in	466
sections 151.03 to 151.11 or 151.40 of the Revised Code, and in	467
respective aggregate principal amounts as from time to time	468
provided or authorized by the general assembly, general	469
obligations of this state for the purpose of paying costs of	470
capital facilities or projects identified by or pursuant to	471
general assembly action.	472

(C) Each issue of obligations shall be authorized by	473
resolution or order of the issuing authority. The bond proceedings	474
shall provide for or authorize the manner for determining the	475
principal amount or maximum principal amount of obligations of an	476
issue, the principal maturity or maturities, the interest rate or	477
rates, the date of and the dates of payment of interest on the	478
obligations, their denominations, and the place or places of	479
payment of debt service which may be within or outside the state.	480
Unless otherwise provided by law, the latest principal maturity	481
may not be later than the earlier of the thirty-first day of	482
December of the twenty-fifth calendar year after the year of	483
issuance of the particular obligations or of the twenty-fifth	484
calendar year after the year in which the original obligation to	485
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	486
and 9.983 of the Revised Code apply to obligations. The purpose of	487
the obligations may be stated in the bond proceedings in general	488
terms, such as, as applicable, "financing or assisting in the	489
financing of projects as provided in Section 2l of Article VIII,	490
Ohio Constitution," "financing or assisting in the financing of	491
highway capital improvement projects as provided in Section 2m of	492
Article VIII, Ohio Constitution," "paying costs of capital	493
facilities for a system of common schools throughout the state as	494
authorized by Section 2n of Article VIII, Ohio Constitution,"	495
"paying costs of capital facilities for state-supported and	496
state-assisted institutions of higher education as authorized by	497
Section 2n of Article VIII, Ohio Constitution," "paying costs of	498
coal research and development as authorized by Section 15 of	499
Article VIII, Ohio Constitution," "financing or assisting in the	500
financing of local subdivision capital improvement projects as	501
authorized by Section 2m of Article VIII, Ohio Constitution,"	502
"paying costs of conservation projects as authorized by ~~Section~~	503
Sections 2o and 2q of Article VIII, Ohio Constitution," "paying	504
costs of revitalization projects as authorized by ~~Section~~Sections	505
2o and 2q of Article VIII, Ohio Constitution," "paying costs of	506
preparing sites for industry, commerce, distribution, or research	507
and development as authorized by Section 2p of Article VIII, Ohio	508
Constitution," or "paying costs of research and development as	509
authorized by Section 2p of Article VIII, Ohio Constitution."	510

(D) The issuing authority may appoint or provide for the	511
appointment of paying agents, bond registrars, securities	512
depositories, clearing corporations, and transfer agents, and may	513
without need for any other approval retain or contract for the	514
services of underwriters, investment bankers, financial advisers,	515
accounting experts, marketing, remarketing, indexing, and	516
administrative agents, other consultants, and independent	517
contractors, including printing services, as are necessary in the	518
judgment of the issuing authority to carry out the issuing	519
authority's functions under this chapter. When the issuing	520
authority is the Ohio public facilities commission, the issuing	521
authority also may without need for any other approval retain or	522
contract for the services of attorneys and other professionals for	523
that purpose. Financing costs are payable, as may be provided in	524
the bond proceedings, from the proceeds of the obligations, from	525
special funds, or from other moneys available for the purpose.	526

(E) The bond proceedings may contain additional provisions	527
customary or appropriate to the financing or to the obligations or	528
to particular obligations including, but not limited to,	529
provisions for:	530

(1) The redemption of obligations prior to maturity at the	531
option of the state or of the holder or upon the occurrence of	532
certain conditions, and at particular price or prices and under	533
particular terms and conditions;	534

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

535

(3) The establishment, deposit, investment, and application	536
of special funds, and the safeguarding of moneys on hand or on	537
deposit, in lieu of the applicability of provisions of Chapter	538
131. or 135. of the Revised Code, but subject to any special	539
provisions of sections 151.01 to 151.11 or 151.40 of the Revised	540
Code with respect to the application of particular funds or	541
moneys. Any financial institution that acts as a depository of any	542
moneys in special funds or other funds under the bond proceedings	543
may furnish indemnifying bonds or pledge securities as required by	544
the issuing authority.	545

(4) Any or every provision of the bond proceedings being	546
binding upon the issuing authority and upon such governmental	547
agency or entity, officer, board, commission, authority, agency,	548
department, institution, district, or other person or body as may	549
from time to time be authorized to take actions as may be	550
necessary to perform all or any part of the duty required by the	551
provision;	552

(5) The maintenance of each pledge or instrument comprising	553
part of the bond proceedings until the state has fully paid or	554
provided for the payment of the debt service on the obligations or	555
met other stated conditions;	556

(6) In the event of default in any payments required to be	557
made by the bond proceedings, or by any other agreement of the	558
issuing authority made as part of a contract under which the	559
obligations were issued or secured, including a credit enhancement	560
facility, the enforcement of those payments by mandamus, a suit in	561
equity, an action at law, or any combination of those remedial	562
actions;	563

(7) The rights and remedies of the holders or owners of	564
obligations or of book-entry interests in them, and of third	565
parties under any credit enhancement facility, and provisions for	566
protecting and enforcing those rights and remedies, including	567
limitations on rights of individual holders or owners;	568

(8) The replacement of mutilated, destroyed, lost, or stolen	569
obligations;	570

(9) The funding, refunding, or advance refunding, or other	571
provision for payment, of obligations that will then no longer be	572
outstanding for purposes of this section or of the applicable bond	573
proceedings;	574

(10) Amendment of the bond proceedings;

575

(11) Any other or additional agreements with the owners of	576
obligations, and such other provisions as the issuing authority	577
determines, including limitations, conditions, or qualifications,	578
relating to any of the foregoing.	579

(F) The great seal of the state or a facsimile of it may be	580
affixed to or printed on the obligations. The obligations	581
requiring execution by or for the issuing authority shall be	582
signed as provided in the bond proceedings. Any obligations may be	583
signed by the individual who on the date of execution is the	584
authorized signer although on the date of these obligations that	585
individual is not an authorized signer. In case the individual	586
whose signature or facsimile signature appears on any obligation	587
ceases to be an authorized signer before delivery of the	588
obligation, that signature or facsimile is nevertheless valid and	589
sufficient for all purposes as if that individual had remained the	590
authorized signer until delivery.	591

(G) Obligations are investment securities under Chapter 1308.	592
of the Revised Code. Obligations may be issued in bearer or in	593
registered form, registrable as to principal alone or as to both	594
principal and interest, or both, or in certificated or	595
uncertificated form, as the issuing authority determines.	596
Provision may be made for the exchange, conversion, or transfer of	597
obligations and for reasonable charges for registration, exchange,	598
conversion, and transfer. Pending preparation of final	599
obligations, the issuing authority may provide for the issuance of	600
interim instruments to be exchanged for the final obligations.	601

(H) Obligations may be sold at public sale or at private	602
sale, in such manner, and at such price at, above or below par,	603
all as determined by and provided by the issuing authority in the	604
bond proceedings.	605

(I) Except to the extent that rights are restricted by the	606
bond proceedings, any owner of obligations or provider of a credit	607
enhancement facility may by any suitable form of legal proceedings	608
protect and enforce any rights relating to obligations or that	609
facility under the laws of this state or granted by the bond	610
proceedings. Those rights include the right to compel the	611
performance of all applicable duties of the issuing authority and	612
the state. Each duty of the issuing authority and that authority's	613
officers, staff, and employees, and of each state entity or	614
agency, or using district or using institution, and its officers,	615
members, staff, or employees, undertaken pursuant to the bond	616
proceedings, is hereby established as a duty of the entity or	617
individual having authority to perform that duty, specifically	618
enjoined by law and resulting from an office, trust, or station	619
within the meaning of section 2731.01 of the Revised Code. The	620
individuals who are from time to time the issuing authority,	621
members or officers of the issuing authority, or those members'	622
designees acting pursuant to section 151.02 of the Revised Code,	623
or the issuing authority's officers, staff, or employees, are not	624
liable in their personal capacities on any obligations or	625
otherwise under the bond proceedings.	626

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15,	627
and Section 17, of Article VIII, Ohio Constitution and sections	628
151.01 to 151.11 or 151.40 of the Revised Code, the issuing	629
authority may, in addition to the authority referred to in	630
division (B) of this section, authorize and provide for the	631
issuance of:	632

(a) Obligations in the form of bond anticipation notes, and	633
may provide for the renewal of those notes from time to time by	634
the issuance of new notes. The holders of notes or appertaining	635
interest coupons have the right to have debt service on those	636
notes paid solely from the moneys and special funds that are or	637
may be pledged to that payment, including the proceeds of bonds or	638
renewal notes or both, as the issuing authority provides in the	639
bond proceedings authorizing the notes. Notes may be additionally	640
secured by covenants of the issuing authority to the effect that	641
the issuing authority and the state will do all things necessary	642
for the issuance of bonds or renewal notes in such principal	643
amount and upon such terms as may be necessary to provide moneys	644
to pay when due the debt service on the notes, and apply their	645
proceeds to the extent necessary, to make full and timely payment	646
of debt service on the notes as provided in the applicable bond	647
proceedings. In the bond proceedings authorizing the issuance of	648
bond anticipation notes the issuing authority shall set forth for	649
the bonds anticipated an estimated schedule of annual principal	650
payments the latest of which shall be no later than provided in	651
division (C) of this section. While the notes are outstanding	652
there shall be deposited, as shall be provided in the bond	653
proceedings for those notes, from the sources authorized for	654
payment of debt service on the bonds, amounts sufficient to pay	655
the principal of the bonds anticipated as set forth in that	656
estimated schedule during the time the notes are outstanding,	657
which amounts shall be used solely to pay the principal of those	658
notes or of the bonds anticipated.	659

(b) Obligations for the refunding, including funding and	660
retirement, and advance refunding with or without payment or	661
redemption prior to maturity, of any obligations previously	662
issued. Refunding obligations may be issued in amounts sufficient	663
to pay or to provide for repayment of the principal amount,	664
including principal amounts maturing prior to the redemption of	665
the remaining prior obligations, any redemption premium, and	666
interest accrued or to accrue to the maturity or redemption date	667
or dates, payable on the prior obligations, and related financing	668
costs and any expenses incurred or to be incurred in connection	669
with that issuance and refunding. Subject to the applicable bond	670
proceedings, the portion of the proceeds of the sale of refunding	671
obligations issued under division (J)(1)(b) of this section to be	672
applied to debt service on the prior obligations shall be credited	673
to an appropriate separate account in the bond service fund and	674
held in trust for the purpose by the issuing authority or by a	675
corporate trustee. Obligations authorized under this division	676
shall be considered to be issued for those purposes for which the	677
prior obligations were issued.	678

(2) Except as otherwise provided in sections 151.01 to 151.11	679
or 151.40 of the Revised Code, bonds or notes authorized pursuant	680
to division (J) of this section are subject to the provisions of	681
those sections pertaining to obligations generally.	682

(3) The principal amount of refunding or renewal obligations	683
issued pursuant to division (J) of this section shall be in	684
addition to the amount authorized by the general assembly as	685
referred to in division (B) of the following sections: section	686
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, 151.10,	687
151.11, or 151.40 of the Revised Code.	688

(K) Obligations are lawful investments for banks, savings and	689
loan associations, credit union share guaranty corporations, trust	690
companies, trustees, fiduciaries, insurance companies, including	691
domestic for life and domestic not for life, trustees or other	692
officers having charge of sinking and bond retirement or other	693
special funds of the state and political subdivisions and taxing	694
districts of this state, the sinking fund, the administrator of	695
workers' compensation subject to the approval of the workers'	696
compensation board, the state teachers retirement system, the	697
public employees retirement system, the school employees	698
retirement system, and the Ohio police and fire pension fund,	699
notwithstanding any other provisions of the Revised Code or rules	700
adopted pursuant to those provisions by any state agency with	701
respect to investments by them, and are also acceptable as	702
security for the repayment of the deposit of public moneys. The	703
exemptions from taxation in Ohio as provided for in particular	704
sections of the Ohio Constitution and section 5709.76 of the	705
Revised Code apply to the obligations.	706

(L)(1) Unless otherwise provided or provided for in any	707
applicable bond proceedings, moneys to the credit of or in a	708
special fund shall be disbursed on the order of the issuing	709
authority. No such order is required for the payment, from the	710
bond service fund or other special fund, when due of debt service	711
or required payments under credit enhancement facilities.	712

(2) Payments received by the state under interest rate hedges	713
entered into as credit enhancement facilities under this chapter	714
shall be deposited to the credit of the bond service fund for the	715
obligations to which those credit enhancement facilities relate.	716

(M) The full faith and credit, revenue, and taxing power of	717
the state are and shall be pledged to the timely payment of debt	718
service on outstanding obligations as it comes due, all in	719
accordance with Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	720
Article VIII, Ohio Constitution, and section 151.03, 151.04,	721
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, or 151.11 of the	722
Revised Code. Moneys referred to in Section 5a of Article XII,	723
Ohio Constitution, may not be pledged or used for the payment of	724
debt service except on obligations referred to in section 151.06	725
of the Revised Code. Net state lottery proceeds, as provided for	726
and referred to in section 3770.06 of the Revised Code, may not be	727
pledged or used for the payment of debt service except on	728
obligations referred to in section 151.03 of the Revised Code. The	729
state covenants, and that covenant shall be controlling	730
notwithstanding any other provision of law, that the state and the	731
applicable officers and agencies of the state, including the	732
general assembly, shall, so long as any obligations are	733
outstanding in accordance with their terms, maintain statutory	734
authority for and cause to be levied, collected and applied	735
sufficient pledged excises, taxes, and revenues of the state so	736
that the revenues shall be sufficient in amounts to pay debt	737
service when due, to establish and maintain any reserves and other	738
requirements, and to pay financing costs, including costs of or	739
relating to credit enhancement facilities, all as provided for in	740
the bond proceedings. Those excises, taxes, and revenues are and	741
shall be deemed to be levied and collected, in addition to the	742
purposes otherwise provided for by law, to provide for the payment	743
of debt service and financing costs in accordance with sections	744
151.01 to 151.11 of the Revised Code and the bond proceedings.	745

(N) The general assembly may from time to time repeal or	746
reduce any excise, tax, or other source of revenue pledged to the	747
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	748
2o, 2p, 2q, or 15 of Article VIII, Ohio Constitution, and sections	749
151.01 to 151.11 or 151.40 of the Revised Code, and may levy,	750
collect and apply any new or increased excise, tax, or revenue to	751
meet the pledge, to the payment of debt service on outstanding	752
obligations, of the state's full faith and credit, revenue and	753
taxing power, or of designated revenues and receipts, except fees,	754
excises or taxes referred to in Section 5a of Article XII, Ohio	755
Constitution, for other than obligations referred to in section	756
151.06 of the Revised Code and except net state lottery proceeds	757
for other than obligations referred to in section 151.03 of the	758
Revised Code. Nothing in division (N) of this section authorizes	759
any impairment of the obligation of this state to levy and collect	760
sufficient excises, taxes, and revenues to pay debt service on	761
obligations outstanding in accordance with their terms.	762

(O) Each bond service fund is a trust fund and is hereby	763
pledged to the payment of debt service on the applicable	764
obligations. Payment of that debt service shall be made or	765
provided for by the issuing authority in accordance with the bond	766
proceedings without necessity for any act of appropriation. The	767
bond proceedings may provide for the establishment of separate	768
accounts in the bond service fund and for the application of those	769
accounts only to debt service on specific obligations, and for	770
other accounts in the bond service fund within the general	771
purposes of that fund.	772

(P) Subject to the bond proceedings pertaining to any	773
obligations then outstanding in accordance with their terms, the	774
issuing authority may in the bond proceedings pledge all, or such	775
portion as the issuing authority determines, of the moneys in the	776
bond service fund to the payment of debt service on particular	777
obligations, and for the establishment and maintenance of any	778
reserves for payment of particular debt service.	779

(Q) The issuing authority shall by the fifteenth day of July	780
of each fiscal year, certify or cause to be certified to the	781
office of budget and management the total amount of moneys	782
required during the current fiscal year to meet in full all debt	783
service on the respective obligations and any related financing	784
costs payable from the applicable bond service fund and not from	785
the proceeds of refunding or renewal obligations. The issuing	786
authority shall make or cause to be made supplemental	787
certifications to the office of budget and management for each	788
debt service payment date and at such other times during each	789
fiscal year as may be provided in the bond proceedings or	790
requested by that office. Debt service, costs of credit	791
enhancement facilities, and other financing costs shall be set	792
forth separately in each certification. If and so long as the	793
moneys to the credit of the bond service fund, together with any	794
other moneys available for the purpose, are insufficient to meet	795
in full all payments when due of the amount required as stated in	796
the certificate or otherwise, the office of budget and management	797
shall at the times as provided in the bond proceedings, and	798
consistent with any particular provisions in sections 151.03 to	799
151.11 and 151.40 of the Revised Code, transfer a sufficient	800
amount to the bond service fund from the pledged revenues in the	801
case of obligations issued pursuant to section 151.40 of the	802
Revised Code, and in the case of other obligations from the	803
revenues derived from excises, taxes, and other revenues,	804
including net state lottery proceeds in the case of obligations	805
referred to in section 151.03 of the Revised Code.	806

(R) Unless otherwise provided in any applicable bond	807
proceedings, moneys to the credit of special funds may be invested	808
by or on behalf of the state only in one or more of the following:	809

(1) Notes, bonds, or other direct obligations of the United	810
States or of any agency or instrumentality of the United States,	811
or in no-front-end-load money market mutual funds consisting	812
exclusively of those obligations, or in repurchase agreements,	813
including those issued by any fiduciary, secured by those	814
obligations, or in collective investment funds consisting	815
exclusively of those obligations;	816

(2) Obligations of this state or any political subdivision of	817
this state;	818

(3) Certificates of deposit of any national bank located in	819
this state and any bank, as defined in section 1101.01 of the	820
Revised Code, subject to inspection by the superintendent of	821
financial institutions;	822

(4) The treasurer of state's pooled investment program under	823
section 135.45 of the Revised Code.	824

The income from investments referred to in division (R) of	825
this section shall, unless otherwise provided in sections 151.01	826
to 151.11 or 151.40 of the Revised Code, be credited to special	827
funds or otherwise as the issuing authority determines in the bond	828
proceedings. Those investments may be sold or exchanged at times	829
as the issuing authority determines, provides for, or authorizes.	830

(S) The treasurer of state shall have responsibility for	831
keeping records, making reports, and making payments, relating to	832
any arbitrage rebate requirements under the applicable bond	833
proceedings.	834

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

835

(1) "Costs of conservation projects" includes related direct	836
administrative expenses and allocable portions of the direct costs	837
of those projects of the department of agriculture, the department	838
of natural resources, or the Ohio public works commission.	839

(2) "Obligations" means obligations as defined in section	840
151.01 of the Revised Code issued to pay costs of projects for	841
conservation purposes as referred to in division (A)(1) of Section	842
2o of Article VIII, Ohio Constitution and division (A)(1) of	843
Section 2q of Article VIII, Ohio Constitution.	844

(B)(1) The issuing authority shall issue general obligations	845
of the state to pay costs of conservation projects pursuant to	846
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	847
division (B)(1) of Section 2q of Article VIII, Ohio Constitution,	848
section 151.01 of the Revised Code, and this section. The issuing	849
authority, upon the certification to it by the Ohio public works	850
commission of amounts needed in and for the purposes of the clean	851
Ohio conservation fund created by section 164.27 of the Revised	852
Code, the clean Ohio agricultural easement fund created by section	853
901.21 of the Revised Code, and the clean Ohio trail fund created	854
by section 1519.05 of the Revised Code, shall issue obligations in	855
the amount determined by the issuing authority to be required for	856
those purposes. Not more than ~~two~~four hundred million dollars	857
principal amount of obligations issued under this section for	858
conservation purposes may be outstanding at any one time. Not more	859
than fifty million dollars principal amount of obligations, plus	860
the principal amount of obligations that in any prior fiscal year	861
could have been, but were not issued within the	862
fifty-million-dollar fiscal year limit, may be issued in any	863
fiscal year.	864

(2) In making the certification required under division	865
(B)(1) of this section, the Ohio public works commission shall	866
consult with the department of agriculture and the department of	867
natural resources. The commission shall certify amounts that	868
correspond to the distribution of the net proceeds of obligations	869
provided in division (C) of this section.	870

(C) Net proceeds of obligations shall be deposited as	871
follows:	872

(1) Seventy-five per cent into the clean Ohio conservation	873
fund created by section 164.27 of the Revised Code;	874

(2) Twelve and one-half per cent into the clean Ohio	875
agricultural easement fund created by section 901.21 of the	876
Revised Code;	877

(3) Twelve and one-half per cent into the clean Ohio trail	878
fund created by section 1519.05 of the Revised Code.	879

(D) There is hereby created in the state treasury the	880
conservation projects bond service fund. All moneys received by	881
the state and required by the bond proceedings, consistent with	882
section 151.01 of the Revised Code and this section, to be	883
deposited, transferred, or credited to the bond service fund, and	884
all other moneys transferred or allocated to or received for the	885
purposes of that fund, shall be deposited and credited to the bond	886
service fund, subject to any applicable provisions of the bond	887
proceedings, but without necessity for any act of appropriation.	888
During the period beginning with the date of the first issuance of	889
obligations and continuing during the time that any obligations	890
are outstanding in accordance with their terms, so long as moneys	891
in the bond service fund are insufficient to pay debt service when	892
due on those obligations payable from that fund, except the	893
principal amounts of bond anticipation notes payable from the	894
proceeds of renewal notes or bonds anticipated, and due in the	895
particular fiscal year, a sufficient amount of revenues of the	896
state is committed and, without necessity for further act of	897
appropriation, shall be paid to the bond service fund for the	898
purpose of paying that debt service when due.	899

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

900

(1) "Bond proceedings" includes any trust agreements, and any	901
amendments or supplements to them, as authorized by this section.	902

(2) "Costs of revitalization projects" includes related	903
direct administrative expenses and allocable portions of the	904
direct costs of those projects of the department of development or	905
the environmental protection agency.	906

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

907

(4) "Obligations" means obligations as defined in section	908
151.01 of the Revised Code issued to pay the costs of projects for	909
revitalization purposes as referred to in division (A)(2) of	910
Section 2o of Article VIII, Ohio Constitution and division (A)(2)	911
of Section 2q of Article VIII, Ohio Constitution.	912

(5) "Pledged liquor profits" means all receipts of the state	913
representing the gross profit on the sale of spirituous liquor, as	914
referred to in division (B)(4) of section 4301.10 of the Revised	915
Code, after paying all costs and expenses of the division of	916
liquor control and providing an adequate working capital reserve	917
for the division of liquor control as provided in that division,	918
but excluding the sum required by the second paragraph of section	919
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	920
to be paid into the state treasury.	921

(6) "Pledged receipts" means, as and to the extent provided	922
in bond proceedings:	923

(a) Pledged liquor profits. The pledge of pledged liquor	924
profits to obligations is subject to the priority of the pledge of	925
those profits to obligations issued and to be issued pursuant to	926
Chapter 166. of the Revised Code.	927

(b) Moneys accruing to the state from the lease, sale, or	928
other disposition or use of revitalization projects or from the	929
repayment, including any interest, of loans or advances made from	930
net proceeds;	931

932

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

933

(e) Any gifts, grants, donations, or pledges, and receipts	934
therefrom, available for the payment of debt service;	935

(f) Additional or any other specific revenues or receipts	936
lawfully available to be pledged, and pledged, pursuant to further	937
authorization by the general assembly, to the payment of debt	938
service.	939

(B)(1) The issuing authority shall issue obligations of the	940
state to pay costs of revitalization projects pursuant to division	941
(B)(2) of Section 2o of Article VIII, Ohio Constitution, division	942
(B)(2) of Section 2q of Article VIII, Ohio Constitution, section	943
151.01 of the Revised Code as applicable to this section, and this	944
section. The issuing authority, upon the certification to it by	945
the clean Ohio council of the amount of moneys needed in and for	946
the purposes of the clean Ohio revitalization fund created by	947
section 122.658 of the Revised Code, shall issue obligations in	948
the amount determined by the issuing authority to be required for	949
those purposes. Not more than ~~two~~four hundred million dollars	950
principal amount of obligations issued under this section for	951
revitalization purposes may be outstanding at any one time. Not	952
more than fifty million dollars principal amount of obligations,	953
plus the principal amount of obligations that in any prior fiscal	954
year could have been, but were not issued within the	955
fifty-million-dollar fiscal year limit, may be issued in any	956
fiscal year.	957

(2) The provisions and authorizations in section 151.01 of	958
the Revised Code apply to the obligations and the bond proceedings	959
except as otherwise provided or provided for in those obligations	960
and bond proceedings.	961

(C) Net proceeds of obligations shall be deposited in the	962
clean Ohio revitalization fund created in section 122.658 of the	963
Revised Code.	964

(D) There is hereby created the revitalization projects bond	965
service fund, which shall be in the custody of the treasurer of	966
state, but shall be separate and apart from and not a part of the	967
state treasury. All money received by the state and required by	968
the bond proceedings, consistent with section 151.01 of the	969
Revised Code and this section, to be deposited, transferred, or	970
credited to the bond service fund, and all other money transferred	971
or allocated to or received for the purposes of that fund, shall	972
be deposited and credited to the bond service fund, subject to any	973
applicable provisions of the bond proceedings, but without	974
necessity for any act of appropriation. During the period	975
beginning with the date of the first issuance of obligations and	976
continuing during the time that any obligations are outstanding in	977
accordance with their terms, so long as moneys in the bond service	978
fund are insufficient to pay debt service when due on those	979
obligations payable from that fund, except the principal amounts	980
of bond anticipation notes payable from the proceeds of renewal	981
notes or bonds anticipated, and due in the particular fiscal year,	982
a sufficient amount of pledged receipts is committed and, without	983
necessity for further act of appropriation, shall be paid to the	984
bond service fund for the purpose of paying that debt service when	985
due.	986

(E) The issuing authority may pledge all, or such portion as	987
the issuing authority determines, of the pledged receipts to the	988
payment of the debt service charges on obligations issued under	989
this section, and for the establishment and maintenance of any	990
reserves, as provided in the bond proceedings, and make other	991
provisions in the bond proceedings with respect to pledged	992
receipts as authorized by this section, which provisions are	993
controlling notwithstanding any other provisions of law pertaining	994
to them.	995

(F) The issuing authority may covenant in the bond	996
proceedings, and such covenants shall be controlling	997
notwithstanding any other provision of law, that the state and	998
applicable officers and state agencies, including the general	999
assembly, so long as any obligations issued under this section are	1000
outstanding, shall maintain statutory authority for and cause to	1001
be charged and collected wholesale or retail prices for spirituous	1002
liquor sold by the state or its agents so that the available	1003
pledged receipts are sufficient in time and amount to meet debt	1004
service payable from pledged liquor profits and for the	1005
establishment and maintenance of any reserves and other	1006
requirements provided for in the bond proceedings.	1007

(G) Obligations may be further secured, as determined by the	1008
issuing authority, by a trust agreement between the state and a	1009
corporate trustee, which may be any trust company or bank having a	1010
place of business within the state. Any trust agreement may	1011
contain the resolution or order authorizing the issuance of the	1012
obligations, any provisions that may be contained in any bond	1013
proceedings, and other provisions that are customary or	1014
appropriate in an agreement of that type, including, but not	1015
limited to:	1016

(1) Maintenance of each pledge, trust agreement, or other	1017
instrument comprising part of the bond proceedings until the state	1018
has fully paid or provided for the payment of debt service on the	1019
obligations secured by it;	1020

(2) In the event of default in any payments required to be	1021
made by the bond proceedings, enforcement of those payments or	1022
agreements by mandamus, the appointment of a receiver, suit in	1023
equity, action at law, or any combination of them;	1024

(3) The rights and remedies of the holders or owners of	1025
obligations and of the trustee and provisions for protecting and	1026
enforcing them, including limitations on rights of individual	1027
holders and owners.	1028

(H) The obligations shall not be general obligations of the	1029
state and the full faith and credit, revenue, and taxing power of	1030
the state shall not be pledged to the payment of debt service on	1031
them. The holders or owners of the obligations shall have no right	1032
to have any moneys obligated or pledged for the payment of debt	1033
service except as provided in this section and in the applicable	1034
bond proceedings. The rights of the holders and owners to payment	1035
of debt service are limited to all or that portion of the pledged	1036
receipts, and those special funds, pledged to the payment of debt	1037
service pursuant to the bond proceedings in accordance with this	1038
section, and each obligation shall bear on its face a statement to	1039
that effect.	1040

Sec. 955.201. (A) As used in this section and in section	1041
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	1042
corporation organized by that name under Chapter 1702. of the	1043
Revised Code that consists of humane societies, veterinarians,	1044
animal shelters, companion animal breeders, dog wardens, and	1045
similar individuals and entities.	1046

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

1047

(1) Establish eligibility criteria for organizations that may	1048
receive financial assistance from the ~~pets program funding board~~	1049
~~created in section 955.202 of the Revised Code~~Ohio pet fund.	1050
Those organizations may include any of the following:	1051

(a) An animal shelter as defined in section 4729.01 of the	1052
Revised Code;	1053

(b) A local nonprofit veterinary association that operates a	1054
program for the sterilization of dogs and cats;	1055

(c) A charitable organization that is exempt from federal	1056
income taxation under subsection 501(c)(3) of the Internal Revenue	1057
Code and the primary purpose of which is to support programs for	1058
the sterilization of dogs and cats and educational programs	1059
concerning the proper veterinary care of those animals.	1060

(2) Establish procedures for applying for financial	1061
assistance from the ~~pets program funding board~~Ohio pet fund.	1062
Application procedures shall require eligible organizations to	1063
submit detailed proposals that outline the intended uses of the	1064
moneys sought.	1065

(3) Establish eligibility criteria for sterilization and	1066
educational programs for which moneys from the ~~pets program~~	1067
~~funding board~~Ohio pet fund may be used and, consistent with	1068
division (C) of this section, establish eligibility criteria for	1069
individuals who seek sterilization for their dogs and cats from	1070
eligible organizations;	1071

(4) Establish procedures for the disbursement of moneys the	1072
~~pets program funding board~~Ohio pet fund receives from license	1073
plate contributions pursuant to division (C) of section 4503.551	1074
of the Revised Code;	1075

(5) Advertise or otherwise provide notification of the	1076
availability of financial assistance from the ~~pets program funding~~	1077
~~board~~Ohio pet fund for eligible organizations;	1078

(6) Design markings to be inscribed on "pets" license plates	1079
under section 4503.551 of the Revised Code.	1080

(C)(1) The owner of a dog or cat is eligible for dog or cat	1081
sterilization services from an eligible organization when those	1082
services are subsidized in whole or in part by money from the ~~pets~~	1083
~~program funding board~~Ohio pet fund if any of the following	1084
applies:	1085

(a) The income of the owner's family does not exceed one	1086
hundred fifty per cent of the federal poverty guideline.	1087

(b) The owner, or any member of the owner's family who	1088
resides with the owner, is a recipient or beneficiary of one of	1089
the following government assistance programs:	1090

(i) Low-income housing assistance under the "United States	1091
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	1092
federal section 8 housing program;	1093

(ii) The Ohio works first program established by Chapter	1094
5107. of the Revised Code;	1095

(iii) Title XIX of the "Social Security Act," 49 Stat. 620	1096
(1935), 42 U.S.C.A. 301, as amended, known as the medical	1097
assistance program or medicaid, provided by the department of job	1098
and family services under Chapter 5111. of the Revised Code;	1099

(iv) A program or law administered by the United States	1100
department of veterans' affairs or veterans' administration for	1101
any service-connected disability;	1102

(v) The food stamp program established under the "Food Stamp	1103
Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended,	1104
administered by the department of job and family services under	1105
section 5101.54 of the Revised Code;	1106

(vi) The "special supplemental nutrition program for women,	1107
infants, and children" established under the "Child Nutrition Act	1108
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	1109
by the department of health under section 3701.132 of the Revised	1110
Code;	1111

(vii) Supplemental security income under Title XVI of the	1112
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	1113
amended;	1114

(viii) Social security disability insurance benefits provided	1115
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	1116
42 U.S.C.A. 401, as amended.	1117

(c) The owner of the dog or cat submits to the eligible	1118
organization operating the sterilization program either of the	1119
following:	1120

(i) A certificate of adoption showing that the dog or cat was	1121
adopted from a licensed animal shelter, a municipal, county, or	1122
regional pound, or a holding and impoundment facility that	1123
contracts with a municipal corporation;	1124

(ii) A certificate of adoption showing that the dog or cat	1125
was adopted through a nonprofit corporation operating an animal	1126
adoption referral service whose holding facility, if any, is	1127
licensed in accordance with state law or a municipal ordinance.	1128

(2) The Ohio pet fund shall determine the type of documentary	1129
evidence that must be presented by the owner of a dog or cat to	1130
show that the income of the owner's family does not exceed one	1131
hundred fifty per cent of the federal poverty guideline or that	1132
the owner is eligible under division (C)(1)(b) of this section.	1133

(D) As used in division (C) of this section, "federal poverty	1134
guideline" means the official poverty guideline as revised	1135
annually by the United States department of health and human	1136
services in accordance with section 673(2) of the "Omnibus Budget	1137
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	1138
amended, for a family size equal to the size of the family of the	1139
person whose income is being determined.	1140

Sec. 1519.20. The director of natural resources may create	1141
an Ohio all-purpose vehicle advisory board for the purposes of	1142
providing advice and receiving input regarding all-purpose vehicle	1143
trails and trail maintenance.	1144

Sec. 1548.10. (A) The clerk of the court of common pleas	1145
shall charge ~~a fee of five~~and retain fees as follows:	1146

(1) Fifteen dollars for ~~each memorandum certificate of title,~~	1147
~~each non-negotiable evidence of ownership, and~~ each duplicate copy	1148
of a certificate of title. The ~~fees shall be retained by the~~ clerk	1149
shall retain that entire fee.	1150

~~In addition to those fees, the clerk shall charge a fee of~~	1151
~~five~~	1152

(2) Fifteen dollars for each certificate of title ~~and for~~	1153
~~each~~, which shall include any notation or indication of any lien	1154
or security interest on a certificate of title and any memorandum	1155
certificate of title or non-negotiable evidence of ownership	1156
requested at the time the certificate of title is issued. The	1157
clerk shall retain ~~two~~ten dollars and fifty cents of ~~the~~that fee	1158
~~charged for each certificate of title, and three dollars and fifty~~	1159
~~cents of the fee charged for each notation or indication of any~~	1160
~~lien or security interest~~.	1161

(3) Five dollars for each certificate of title with no	1162
security interest noted that is issued to a licensed watercraft	1163
dealer for resale purposes. The clerk shall retain two dollars of	1164
that fee.	1165

(4) Five dollars for each memorandum certificate of title or	1166
non-negotiable evidence of ownership that is applied for	1167
separately. The clerk shall retain that entire fee.	1168

(B) The ~~remaining~~ fees charged for a certificate of title and	1169
the notation or indication of any lien or security interest on a	1170
certificate of title that are not retained by the clerk shall be	1171
paid to the chief of the division of watercraft by monthly	1172
returns, which shall be forwarded to the chief not later than the	1173
fifth day of the month next succeeding that in which the	1174
certificate is forwarded, or that in which the chief is notified	1175
of a lien or security interest or cancellation of a lien or	1176
security interest.	1177

The chief shall deposit one dollar of the amount the chief	1178
receives for each certificate of title in the automated title	1179
processing fund created in section 4505.09 of the Revised Code.	1180
Moneys deposited in that fund under this section shall be used for	1181
the purpose specified in division (B)(3)(b) of that section.	1182

Sec. 1548.14. (A) The chief of the division of watercraft,	1183
upon the application of any person and payment of the proper ~~fees~~	1184
fee, may prepare and furnish title information in such form and	1185
subject to such territorial division or other classification as he	1186
the chief may direct. The chief may search the records of the	1187
division of watercraft and ~~make~~furnish reports ~~thereof, and make~~	1188
~~photographic copies~~ of ~~the division~~those records ~~and attestations~~	1189
~~thereof~~under the signature of the chief. In addition, the	1190
registrar of motor vehicles and the clerk of the court of common	1191
pleas, upon the application of any person and payment of the	1192
proper fee, may prepare and furnish title information in such form	1193
and subject to such territorial division or other classification	1194
as the registrar or clerk may direct. The registrar and the clerk	1195
may search the records of the bureau of motor vehicles of	1196
certificates of title issued under this chapter and issue reports	1197
of those records under the signature of the registrar or clerk, as	1198
the case may be.	1199

~~Fees therefor~~(B) A fee of two dollars shall be charged and	1200
collected ~~as follows:~~	1201

~~(A) For searches~~for each report of a search of the records	1202
~~and reports thereof, two dollars for each name, number, or fact~~	1203
~~reported on;~~	1204

~~(B) For photographic copies of records and attestations~~	1205
~~thereof,~~furnished under the signature of the chief, ~~two dollars~~	1206
~~per copy~~the registrar, or the clerk, except that on and after	1207
October 1, 2009, the fee shall be eight dollars per copy. A copy	1208
of any such report	1209

~~Such copies~~ shall be taken as prima-facie evidence of the	1210
facts therein stated in any court of the state. The chief, the	1211
registrar, and the clerk ~~of the court of common pleas~~ shall	1212
furnish information on any title without charge to state highway	1213
patrol troopers, sheriffs, or chiefs of police.	1214

(C)(1) Fees collected as provided in this section prior to	1215
October 1, 2009, shall be received by the chief, the registrar, or	1216
the clerk, as the case may be. The chief shall pay all such fees	1217
into the state treasury to the credit of the waterways safety fund	1218
established under section 1547.75 of the Revised Code after	1219
complying with section 1548.22 of the Revised Code, the registrar	1220
shall pay all such fees into the state treasury to the credit of	1221
the state bureau of motor vehicles fund established in section	1222
4501.25 of the Revised Code, and the clerk of the court of common	1223
pleas shall deposit all such fees into the certificate of title	1224
administration fund created by section 325.33 of the Revised	1225
Code.	1226

(2) On and after October 1, 2009, the following apply:

1227

(a) Of the eight-dollar fee the chief collects under this	1228
section, the chief shall deposit two dollars into the state	1229
treasury to the credit of the waterways safety fund established	1230
under section 1547.75 of the Revised Code after complying with	1231
section 1548.22 of the Revised Code, one dollar and twenty-five	1232
cents into the state treasury to the credit of the trauma and	1233
emergency medical services fund established in section 4513.263	1234
of the Revised Code, one dollar and twenty-five cents into the	1235
state treasury to the credit of the homeland security fund	1236
established under section 5502.03 of the Revised Code,	1237
seventy-five cents into the state treasury to the credit of the	1238
investigations fund established in section 5502.131 of the Revised	1239
Code, two dollars and twenty-five cents into the state treasury to	1240
the credit of the emergency management agency service and	1241
reimbursement fund established in section 5502.39 of the Revised	1242
Code, and fifty cents into the state treasury to the credit of the	1243
justice program services fund established in section 5502.67 of	1244
the Revised Code.	1245

(b) The registrar shall deposit two dollars of each fee the	1246
registrar collects under this section into the state treasury to	1247
the credit of the state bureau of motor vehicles fund established	1248
in section 4501.25 of the Revised Code. Of the remaining six	1249
dollars of each such fee the registrar collects, the registrar	1250
shall deposit one dollar and twenty-five cents into the state	1251
treasury to the credit of the trauma and emergency medical	1252
services fund established in section 4513.263 of the Revised Code,	1253
one dollar and twenty-five cents into the state treasury to the	1254
credit of the homeland security fund established under section	1255
5502.03 of the Revised Code, seventy-five cents into the state	1256
treasury to the credit of the investigations fund established in	1257
section 5502.131 of the Revised Code, two dollars and twenty-five	1258
cents into the state treasury to the credit of the emergency	1259
management agency service and reimbursement fund established in	1260
section 5502.39 of the Revised Code, and fifty cents into the	1261
state treasury to the credit of the justice program services fund	1262
established in section 5502.67 of the Revised Code.	1263

(c) The clerk of the court of common pleas shall deposit two	1264
dollars of each fee the clerk collects under this section into the	1265
certificate of title administration fund created by section 325.33	1266
of the Revised Code. The clerk shall forward the remaining six	1267
dollars to the registrar not later than the fifth day of the month	1268
next succeeding that in which the transaction occurred. Of that	1269
remaining six dollars, the registrar shall deposit one dollar and	1270
twenty-five cents into the state treasury to the credit of the	1271
trauma and emergency medical services fund established in section	1272
4513.263 of the Revised Code, one dollar and twenty-five cents	1273
into the state treasury to the credit of the homeland security	1274
fund established under section 5502.03 of the Revised Code,	1275
seventy-five cents into the state treasury to the credit of the	1276
investigations fund established in section 5502.131 of the Revised	1277
Code, two dollars and twenty-five cents into the state treasury to	1278
the credit of the emergency management agency service and	1279
reimbursement fund established in section 5502.39 of the Revised	1280
Code, and fifty cents into the state treasury to the credit of the	1281
justice program services fund established in section 5502.67 of	1282
the Revised Code.	1283

Sec. 2911.21. (A) No person, without privilege to do so,	1284
shall do any of the following:	1285

(1) Knowingly enter or remain on the land or premises of	1286
another;	1287

(2) Knowingly enter or remain on the land or premises of	1288
another, the use of which is lawfully restricted to certain	1289
persons, purposes, modes, or hours, when the offender knows the	1290
offender is in violation of any such restriction or is reckless in	1291
that regard;	1292

(3) Recklessly enter or remain on the land or premises of	1293
another, as to which notice against unauthorized access or	1294
presence is given by actual communication to the offender, or in a	1295
manner prescribed by law, or by posting in a manner reasonably	1296
calculated to come to the attention of potential intruders, or by	1297
fencing or other enclosure manifestly designed to restrict access;	1298

(4) Being on the land or premises of another, negligently	1299
fail or refuse to leave upon being notified by signage posted in a	1300
conspicuous place or otherwise being notified to do so by the	1301
owner or occupant, or the agent or servant of either.	1302

(B) It is no defense to a charge under this section that the	1303
land or premises involved was owned, controlled, or in custody of	1304
a public agency.	1305

(C) It is no defense to a charge under this section that the	1306
offender was authorized to enter or remain on the land or premises	1307
involved, when such authorization was secured by deception.	1308

(D)(1) Whoever violates this section is guilty of criminal	1309
trespass, a misdemeanor of the fourth degree.	1310

~~(E)~~(2) Notwithstanding section 2929.28 of the Revised Code,	1311
if the person, in committing the violation of this section, used	1312
an all-purpose vehicle, the court shall impose a fine of two times	1313
the usual amount imposed for the violation.	1314

(3) If an offender previously has been convicted of or	1315
pleaded guilty to two or more violations of this section or a	1316
substantially equivalent municipal ordinance, and the offender, in	1317
committing each violation, used an all-purpose vehicle, the court,	1318
in addition to or independent of all other penalties imposed for	1319
the violation, may impound the certificate of registration and	1320
license plate of that all-purpose vehicle for not less than sixty	1321
days. In such a case, section 4519.47 of the Revised Code applies.	1322

(E) Notwithstanding any provision of the Revised Code, if the	1323
offender, in committing the violation of this section, used an	1324
all-purpose vehicle, the clerk of the court shall pay the fine	1325
imposed pursuant to this section to the state recreational vehicle	1326
fund created by section 4519.11 of the Revised Code.	1327

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

1328

(1) "All-purpose vehicle" has the same meaning as in section	1329
4519.01 of the Revised Code.	1330

(2) "Land or premises" includes any land, building,	1331
structure, or place belonging to, controlled by, or in custody of	1332
another, and any separate enclosure or room, or portion thereof.	1333

Sec. 2949.094. (A) The court in which any person is	1334
convicted of or pleads guilty to any moving violation shall	1335
impose an additional court cost of ten dollars upon the offender.	1336
The court shall not waive the payment of the ten dollars unless	1337
the court determines that the offender is indigent and waives the	1338
payment of all court costs imposed upon the indigent offender.	1339

The clerk of the court shall transmit thirty-five per cent of	1340
all additional court costs collected pursuant to this division	1341
during a month on or before the twenty-third day of the	1342
following month to the ~~division of criminal justice services,~~	1343
~~and the division of criminal justice services shall deposit the~~	1344
~~money so transmitted into~~state treasury of which ninety-seven	1345
per cent shall be credited to the drug law enforcement fund	1346
created under section 5502.68 of the Revised Code and the	1347
remaining three per cent shall be credited to the justice program	1348
services fund created under section 5502.67 of the Revised Code.	1349
The clerk shall transmit fifteen per cent of all additional	1350
court costs so collected during a month on or before the	1351
twenty-third day of the following month to the county or	1352
municipal indigent drivers alcohol treatment fund under the	1353
control of that court, as created by the county or municipal	1354
corporation under division (H) of section 4511.191 of the	1355
Revised Code. The clerk shall transmit fifty per cent of all	1356
additional court costs so collected during a month on or	1357
before the twenty-third day of the following month to the	1358
state treasury to be credited to the indigent defense support	1359
fund created pursuant to section 120.08 of the Revised Code.	1360

(B) The juvenile court in which a child is found to be a	1361
juvenile traffic offender for an act that is a moving violation	1362
shall impose an additional court cost of ten dollars upon the	1363
juvenile traffic offender. The juvenile court shall not waive the	1364
payment of the ten dollars unless the court determines that the	1365
juvenile is indigent and waives the payment of all court costs	1366
imposed upon the indigent offender.	1367

The clerk of the court shall transmit thirty-five per cent of	1368
all additional court costs collected pursuant to this division	1369
during a month on or before the twenty-third day of the	1370
following month to the ~~division of criminal justice services,~~	1371
~~and the division of criminal justice services shall deposit the~~	1372
~~money so transmitted into~~state treasury of which ninety-seven	1373
per cent shall be credited to the drug law enforcement fund	1374
created under section 5502.68 of the Revised Code and the	1375
remaining three per cent shall be credited to the justice program	1376
services fund created under section 5502.67 of the Revised Code.	1377
The clerk shall transmit fifteen per cent of all additional	1378
court costs so collected during a month on or before the	1379
twenty-third day of the following month to the county juvenile	1380
indigent drivers alcohol treatment fund under the control of	1381
that court, as created by the county under division (H) of	1382
section 4511.191 of the Revised Code. The clerk shall transmit	1383
fifty per cent of all additional court costs so collected	1384
during a month on or before the twenty-third day of the	1385
following month to the state treasury to be credited to the	1386
indigent defense support fund created pursuant to section	1387
120.08 of the Revised Code.	1388

(C) Whenever a person is charged with any offense that is a	1389
moving violation and posts bail, the court shall add to the amount	1390
of the bail the ten dollars required to be paid by division (A)	1391
of this section. The clerk of the court shall retain the ten	1392
dollars until the person is convicted, pleads guilty, forfeits	1393
bail, is found not guilty, or has the charges dismissed. If the	1394
person is convicted, pleads guilty, or forfeits bail, the clerk	1395
shall transmit three dollars and fifty cents out of the ten	1396
dollars to the ~~division of criminal justice services, and the~~	1397
~~division of criminal justice services shall deposit the money so~~	1398
~~transmitted into~~state treasury of which ninety-seven per cent	1399
shall be credited to the drug law enforcement fund created under	1400
section 5502.68 of the Revised Code and the remaining three per	1401
cent shall be credited to the justice program services fund	1402
created under section 5502.67 of the Revised Code, the clerk shall	1403
transmit one dollar and fifty cents out of the ten dollars to	1404
the county, municipal, or county juvenile indigent drivers	1405
alcohol treatment fund under the control of that court, as	1406
created by the county or municipal corporation under division	1407
(H) of section 4511.191 of the Revised Code, and the clerk	1408
shall transmit five dollars out of the ten dollars to the	1409
state treasury to be credited to the indigent defense support	1410
fund created under section 120.08 of the Revised Code. If the	1411
person is found not guilty or the charges are dismissed, the	1412
clerk shall return the ten dollars to the person.	1413

(D) No person shall be placed or held in a detention facility	1414
for failing to pay the court cost or bail that is required to be	1415
paid by this section.	1416

(E) As used in this section:

1417

(1) "Bail" and "moving violation" have the same meanings as	1418
in section 2949.093 of the Revised Code.	1419

(2) "Detention facility" has the same meaning as in section	1420
2921.01 of the Revised Code.	1421

(3) "Division of criminal justice services" means the	1422
division of criminal justice services of the department of public	1423
safety, created by section 5502.62 of the Revised Code.	1424

Sec. 3781.10. (A)(1) The board of building standards shall	1425
formulate and adopt rules governing the erection, construction,	1426
repair, alteration, and maintenance of all buildings or classes of	1427
buildings specified in section 3781.06 of the Revised Code,	1428
including land area incidental to those buildings, the	1429
construction of industrialized units, the installation of	1430
equipment, and the standards or requirements for materials used	1431
in connection with those buildings. The board shall incorporate	1432
those rules into separate residential and nonresidential building	1433
codes. The standards shall relate to the conservation of energy	1434
and the safety and sanitation of those buildings.	1435

(2) The rules governing nonresidential buildings are the	1436
lawful minimum requirements specified for those buildings and	1437
industrialized units, except that no rule other than as provided	1438
in division (C) of section 3781.108 of the Revised Code that	1439
specifies a higher requirement than is imposed by any section of	1440
the Revised Code is enforceable. The rules governing residential	1441
buildings are uniform requirements for residential buildings in	1442
any area with a building department certified to enforce the state	1443
residential building code. In no case shall any local code or	1444
regulation differ from the state residential building code unless	1445
that code or regulation addresses subject matter not addressed by	1446
the state residential building code or is adopted pursuant to	1447
section 3781.01 of the Revised Code.	1448

(3) The rules adopted pursuant to this section are complete,	1449
lawful alternatives to any requirements specified for buildings	1450
or industrialized units in any section of the Revised Code. The	1451
board shall, on its own motion or on application made under	1452
sections 3781.12 and 3781.13 of the Revised Code, formulate,	1453
propose, adopt, modify, amend, or repeal the rules to the extent	1454
necessary or desirable to effectuate the purposes of sections	1455
3781.06 to 3781.18 of the Revised Code.	1456

(B) The board shall report to the general assembly proposals	1457
for amendments to existing statutes relating to the purposes	1458
declared in section 3781.06 of the Revised Code that public health	1459
and safety and the development of the arts require and shall	1460
recommend any additional legislation to assist in carrying out	1461
fully, in statutory form, the purposes declared in that section.	1462
The board shall prepare and submit to the general assembly a	1463
summary report of the number, nature, and disposition of the	1464
petitions filed under sections 3781.13 and 3781.14 of the Revised	1465
Code.	1466

(C) On its own motion or on application made under sections	1467
3781.12 and 3781.13 of the Revised Code, and after thorough	1468
testing and evaluation, the board shall determine by rule that any	1469
particular fixture, device, material, process of manufacture,	1470
manufactured unit or component, method of manufacture, system, or	1471
method of construction complies with performance standards adopted	1472
pursuant to section 3781.11 of the Revised Code. The board shall	1473
make its determination with regard to adaptability for safe and	1474
sanitary erection, use, or construction, to that described in any	1475
section of the Revised Code, wherever the use of a fixture,	1476
device, material, method of manufacture, system, or method of	1477
construction described in that section of the Revised Code is	1478
permitted by law. The board shall amend or annul any rule or issue	1479
an authorization for the use of a new material or manufactured	1480
unit on any like application. No department, officer, board, or	1481
commission of the state other than the board of building standards	1482
or the board of building appeals shall permit the use of any	1483
fixture, device, material, method of manufacture, newly designed	1484
product, system, or method of construction at variance with what	1485
is described in any rule the board of building standards adopts or	1486
issues or that is authorized by any section of the Revised Code.	1487
Nothing in this section shall be construed as requiring approval,	1488
by rule, of plans for an industrialized unit that conforms with	1489
the rules the board of building standards adopts pursuant to	1490
section 3781.11 of the Revised Code.	1491

(D) The board shall recommend rules, codes, and standards to	1492
help carry out the purposes of section 3781.06 of the Revised Code	1493
and to help secure uniformity of state administrative rulings and	1494
local legislation and administrative action to the bureau of	1495
workers' compensation, the director of commerce, any other	1496
department, officer, board, or commission of the state, and to	1497
legislative authorities and building departments of counties,	1498
townships, and municipal corporations, and shall recommend that	1499
they audit those recommended rules, codes, and standards by any	1500
appropriate action that they are allowed pursuant to law or the	1501
constitution.	1502

(E)(1) The board shall certify municipal, township, and	1503
county building departments and the personnel of those building	1504
departments, and persons and employees of individuals, firms, or	1505
corporations as described in division (E)(7) of this section to	1506
exercise enforcement authority, to accept and approve plans and	1507
specifications, and to make inspections, pursuant to sections	1508
3781.03, 3791.04, and 4104.43 of the Revised Code.	1509

(2) The board shall certify departments, personnel, and	1510
persons to enforce the state residential building code, to enforce	1511
the nonresidential building code, or to enforce both the	1512
residential and the nonresidential building codes. Any department,	1513
personnel, or person may enforce only the type of building code	1514
for which certified.	1515

(3) The board shall not require a building department, its	1516
personnel, or any persons that it employs to be certified for	1517
residential building code enforcement if that building department	1518
does not enforce the state residential building code. The board	1519
shall specify, in rules adopted pursuant to Chapter 119. of the	1520
Revised Code, the requirements for certification for residential	1521
and nonresidential building code enforcement, which shall be	1522
consistent with this division. The requirements for residential	1523
and nonresidential certification may differ. Except as otherwise	1524
provided in this division, the requirements shall include, but are	1525
not limited to, the satisfactory completion of an initial	1526
examination and, to remain certified, the completion of a	1527
specified number of hours of continuing building code education	1528
within each three-year period following the date of certification	1529
which shall be not less than thirty hours. The rules shall provide	1530
that continuing education credits and certification issued by the	1531
council of American building officials, national model code	1532
organizations, and agencies or entities the board recognizes are	1533
acceptable for purposes of this division. The rules shall specify	1534
requirements that are compatible, to the extent possible, with	1535
requirements the council of American building officials and	1536
national model code organizations establish.	1537

(4) The board shall establish and collect a certification and	1538
renewal fee for building department personnel, and persons and	1539
employees of persons, firms, or corporations as described in this	1540
section, who are certified pursuant to this division.	1541

(5) Any individual certified pursuant to this division shall	1542
complete the number of hours of continuing building code education	1543
that the board requires or, for failure to do so, forfeit	1544
certification.	1545

(6) This division does not require or authorize the board to	1546
certify personnel of municipal, township, and county building	1547
departments, and persons and employees of persons, firms, or	1548
corporations as described in this section, whose responsibilities	1549
do not include the exercise of enforcement authority, the approval	1550
of plans and specifications, or making inspections under the state	1551
residential and nonresidential building codes.	1552

(7) Enforcement authority for approval of plans and	1553
specifications and enforcement authority for inspections may be	1554
exercised, and plans and specifications may be approved and	1555
inspections may be made on behalf of a municipal corporation,	1556
township, or county, by any of the following who the board of	1557
building standards certifies:	1558

(a) Officers or employees of the municipal corporation,	1559
township, or county;	1560

(b) Persons, or employees of persons, firms, or corporations,	1561
pursuant to a contract to furnish architectural, engineering, or	1562
other services to the municipal corporation, township, or county;	1563

(c) Officers or employees of, and persons under contract	1564
with, a municipal corporation, township, county, health district,	1565
or other political subdivision, pursuant to a contract to furnish	1566
architectural, engineering, or other services.	1567

(8) Municipal, township, and county building departments have	1568
jurisdiction within the meaning of sections 3781.03, 3791.04, and	1569
4104.43 of the Revised Code, only with respect to the types of	1570
buildings and subject matters for which they are certified under	1571
this section.	1572

(9) Certification shall be granted upon application by the	1573
municipal corporation, the board of township trustees, or the	1574
board of county commissioners and approval of that application by	1575
the board of building standards. The application shall set forth:	1576

(a) Whether the certification is requested for residential or	1577
nonresidential buildings, or both;	1578

(b) The number and qualifications of the staff composing the	1579
building department;	1580

(c) The names, addresses, and qualifications of persons,	1581
firms, or corporations contracting to furnish work or services	1582
pursuant to division (E)(7)(b) of this section;	1583

(d) The names of any other municipal corporation, township,	1584
county, health district, or political subdivision under contract	1585
to furnish work or services pursuant to division (E)(7) of this	1586
section;	1587

(e) The proposed budget for the operation of the building	1588
department.	1589

(10) The board of building standards shall adopt rules	1590
governing all of the following:	1591

(a) The certification of building department personnel and	1592
persons and employees of persons, firms, or corporations	1593
exercising authority pursuant to division (E)(7) of this section.	1594
The rules shall disqualify any employee of the department or	1595
person who contracts for services with the department from	1596
performing services for the department when that employee or	1597
person would have to pass upon, inspect, or otherwise exercise	1598
authority over any labor, material, or equipment the employee or	1599
person furnishes for the construction, alteration, or maintenance	1600
of a building or the preparation of working drawings or	1601
specifications for work within the jurisdictional area of the	1602
department. The department shall provide other similarly qualified	1603
personnel to enforce the residential and nonresidential building	1604
codes as they pertain to that work.	1605

(b) The minimum services to be provided by a certified	1606
building department.	1607

(11) The board of building standards may revoke or suspend	1608
certification to enforce the residential and nonresidential	1609
building codes, on petition to the board by any person affected by	1610
that enforcement or approval of plans, or by the board on its own	1611
motion. Hearings shall be held and appeals permitted on any	1612
proceedings for certification or revocation or suspension of	1613
certification in the same manner as provided in section 3781.101	1614
of the Revised Code for other proceedings of the board of building	1615
standards.	1616

(12) Upon certification, and until that authority is revoked,	1617
any county or township building department shall enforce the	1618
residential and nonresidential building codes for which it is	1619
certified without regard to limitation upon the authority of	1620
boards of county commissioners under Chapter 307. of the Revised	1621
Code or boards of township trustees under Chapter 505. of the	1622
Revised Code.	1623

(F) In addition to hearings sections 3781.06 to 3781.18 and	1624
3791.04 of the Revised Code require, the board of building	1625
standards shall make investigations and tests, and require from	1626
other state departments, officers, boards, and commissions	1627
information the board considers necessary or desirable to assist	1628
it in the discharge of any duty or the exercise of any power	1629
mentioned in this section or in sections 3781.06 to 3781.18,	1630
3791.04, and 4104.43 of the Revised Code.	1631

(G) The board shall adopt rules and establish reasonable fees	1632
for the review of all applications submitted where the applicant	1633
applies for authority to use a new material, assembly, or product	1634
of a manufacturing process. The fee shall bear some reasonable	1635
relationship to the cost of the review or testing of the	1636
materials, assembly, or products and for the notification of	1637
approval or disapproval as provided in section 3781.12 of the	1638
Revised Code.	1639

(H)(1) The residential construction advisory committee shall	1640
provide the board with a proposal for a state residential building	1641
code that the committee recommends pursuant to division (C)(1) of	1642
section 4740.14 of the Revised Code. Upon receiving a	1643
recommendation from the committee that is acceptable to the board,	1644
the board shall adopt rules establishing that code as the state	1645
residential building code.	1646

(2) With respect to a residential energy code as a component	1647
of the residential building code, the board shall adopt rules to	1648
implement the most recently published international energy	1649
conservation code (IECC) or a code that the board determines	1650
achieves an equivalent or greater energy savings.	1651

(I) The board shall cooperate with the director of job and	1652
family services when the director promulgates rules pursuant to	1653
section 5104.05 of the Revised Code regarding safety and	1654
sanitation in type A family day-care homes.	1655

(J) The board shall adopt rules to implement the requirements	1656
of section 3781.108 of the Revised Code.	1657

(K) With respect to a commercial energy code as a component	1658
of the commercial building code, the board of building standards	1659
shall adopt rules to implement the energy code for buildings	1660
developed by the American national standards institute, the	1661
American society of heating, refrigerating, and air conditioning,	1662
and the illuminating engineering society of North America, known	1663
as the ANSI/ASHRAE/IESNA Standard 90.1-2007, or a code that	1664
achieves equivalent or greater energy savings.	1665

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

1666

(1) "Consumer" has the same meaning as in section 1345.01 of	1667
the Revised Code.	1668

(2) "Consumer goods" means goods sold, leased, assigned,	1669
awarded by chance, or transferred to a consumer in a consumer	1670
transaction.	1671

(3) "Consumer goods service contract" means a contract or	1672
agreement to perform or pay for repairs, replacement, or	1673
maintenance of consumer goods due to a defect in materials or	1674
workmanship, normal wear and tear, power surges, or accidental	1675
damage from handling, that is effective for a specified duration	1676
and paid for by means other than the purchase of the consumer	1677
goods. "Consumer goods service contract" does not include any of	1678
the following:	1679

(a) A contract or agreement to perform or pay for the repair,	1680
replacement, or maintenance of a motor vehicle or utility vehicle,	1681
as defined in section 4501.01 of the Revised Code, due to a defect	1682
in materials or workmanship, normal wear and tear, mechanical or	1683
electrical breakdown, or failure of parts or equipment of a motor	1684
vehicle that is effective for a specified duration and paid for by	1685
means other than the purchase of a motor vehicle or utility	1686
vehicle;	1687

(b) A vehicle protection product ~~as defined in~~warranty	1688
issued in accordance with section 3905.421 of the Revised Code;	1689

(c) A home service contract as defined in section 3905.422 of	1690
the Revised Code.	1691

(4) "Consumer transaction" has the same meaning as in section	1692
1345.01 of the Revised Code.	1693

(5) "Contract holder" means the consumer who purchased goods	1694
covered by a consumer goods service contract, any authorized	1695
transferee or assignee of the consumer, or any other person	1696
assuming the consumer's rights under the consumer goods service	1697
contract.	1698

(6) "Provider" means a person who is contractually obligated	1699
to a contract holder under the terms of a consumer goods service	1700
contract.	1701

(7) "Reimbursement insurance policy" means a policy of	1702
insurance issued by an insurer authorized or eligible to do	1703
business in this state to a provider to pay, on behalf of the	1704
provider, all covered contractual obligations incurred by the	1705
provider under the terms and conditions of the consumer goods	1706
service contract.	1707

(8) "Supplier" has the same meaning as in section 1345.01 of	1708
the Revised Code.	1709

(B) All consumer goods service contracts issued in this state	1710
that provide for the performance of or payment for repairs,	1711
replacement, or maintenance of consumer goods due to power surges	1712
or accidental damage from handling shall be covered by a	1713
reimbursement insurance policy.	1714

(C) A consumer goods service contract issued by a provider	1715
that is required to be covered by a reimbursement insurance policy	1716
under division (B) of this section shall comply with all of the	1717
following requirements:	1718

(1) Conspicuously state that the obligations of the provider	1719
are guaranteed under a reimbursement insurance policy;	1720

(2) Conspicuously state that if a provider fails to perform	1721
or make payment due under the terms of the contract within sixty	1722
days after the contract holder requests performance or payment	1723
pursuant to the terms of the contract, the contract holder may	1724
request performance or payment directly from the provider's	1725
reimbursement insurance policy insurer, including, but not limited	1726
to, any obligation in the contract by which the provider must	1727
refund the contract holder upon cancellation of a contract;	1728

(3) Conspicuously state the name, address, and telephone	1729
number of the provider's reimbursement insurance policy insurer.	1730

(D) A reimbursement insurance policy that is required to be	1731
issued under this section shall contain a:	1732

(1) A statement that if a provider fails to perform or make	1733
payment due under the terms of the consumer goods service contract	1734
within sixty days after the contract holder requests performance	1735
or payment pursuant to the terms of the contract, the contract	1736
holder may request performance or payment directly from the	1737
provider's reimbursement policy insurer, including, but not	1738
limited to, any obligation in the contract by which the provider	1739
must refund the contract holder upon cancellation of a contract;	1740

(2) A statement that in the event of cancellation of the	1741
provider's reimbursement insurance policy, insurance coverage will	1742
continue for all contract holders whose consumer goods service	1743
contracts were issued by the provider and reported to the insurer	1744
for coverage during the term of the reimbursement insurance	1745
policy.	1746

(E) The sale or issuance of a consumer goods service contract	1747
is a consumer transaction for purposes of sections 1345.01 to	1748
1345.13 of the Revised Code. The provider is the supplier and the	1749
contract holder is the consumer for purposes of those sections.	1750

(F) Unless issued by an insurer authorized or eligible to do	1751
business in this state, a consumer goods service contract does not	1752
constitute a contract substantially amounting to insurance, or the	1753
contract's issuance the business of insurance, under section	1754
3905.42 of the Revised Code.	1755

(G) The rights of a contract holder against a provider's	1756
reimbursement policy insurer as provided in this section apply	1757
only in regard to a reimbursement insurance policy issued under	1758
this section. This section does not create any contractual rights	1759
in favor of a person that does not qualify as an insured under any	1760
other type of insurance policy described in Title XXXIX of the	1761
Revised Code.	1762

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

1763

(1) "Contract holder" means the person who purchased a motor	1764
vehicle tire or wheel road hazard contract, any authorized	1765
transferee or assignee of the purchaser, or any other person	1766
assuming the purchaser's rights under the motor vehicle tire or	1767
wheel road hazard contract.	1768

(2) "Motor vehicle" has the same meaning as in section	1769
4501.01 of the Revised Code and also includes utility vehicles as	1770
defined in that section.	1771

(3) "Motor vehicle tire or wheel road hazard contract" means	1772
a contract or agreement to perform or pay for repairs or	1773
replacement of tires or wheels damaged because of a road hazard,	1774
that is effective for a specified duration and paid for by means	1775
other than the purchase of the motor vehicle tire or wheel. "Motor	1776
vehicle tire or wheel road hazard contract" does not include any	1777
of the following:	1778

(a) A contract or agreement to perform or pay for the repair,	1779
replacement, or maintenance of a motor vehicle due to a defect in	1780
materials or workership, normal wear and tear, mechanical or	1781
electrical breakdown, or failure of parts or equipment of a motor	1782
vehicle that is effective for a specified duration and paid for by	1783
means other than the purchase of a motor vehicle;	1784

(b) A vehicle protection product warranty issued in	1785
accordance with section 3905.421 of the Revised Code;	1786

(c) A home service contract as defined in section 3905.422 of	1787
the Revised Code;	1788

(d) A consumer goods service contract as defined in section	1789
3905.423 of the Revised Code.	1790

(4) "Provider" means a person who is contractually obligated	1791
to a contract holder under the terms of a motor vehicle tire or	1792
wheel road hazard contract.	1793

(5) "Reimbursement insurance policy" means a policy of	1794
insurance issued by an insurer authorized or eligible to do	1795
business in this state to a provider to pay, on behalf of the	1796
provider, all covered contractual obligations incurred by the	1797
provider under the terms and conditions of the motor vehicle tire	1798
or wheel road hazard contract.	1799

(6) "Road hazard" means a condition on a public roadway that	1800
should not exist there, including potholes, nails, glass, or road	1801
debris. "Road hazard" does not include fire, theft, vandalism or	1802
malicious mischief, or other perils normally covered by automobile	1803
physical damage insurance.	1804

(7) "Supplier" has the same meaning as in section 1345.01 of	1805
the Revised Code.	1806

(B) All motor vehicle tire or wheel road hazard contracts	1807
issued in this state that provide for the performance of or	1808
payment for repairs or replacement of tires or wheels damaged	1809
because of a road hazard shall be covered by a reimbursement	1810
insurance policy.	1811

(C) A motor vehicle tire or wheel road hazard contract issued	1812
by a provider that is required to be covered by a reimbursement	1813
insurance policy under division (B) of this section shall	1814
conspicuously state all of the following:	1815

(1) "This contract is not insurance and is not subject to the	1816
insurance laws of this state, contained in Title XXXIX of the Ohio	1817
Revised Code."	1818

(2) That the obligations of the provider are guaranteed under	1819
a reimbursement insurance policy;	1820

(3) That if a provider fails to perform or make payment due	1821
under the terms of the contract within sixty days after the	1822
contract holder requests performance or payment pursuant to the	1823
terms of the contract, the contract holder may request performance	1824
or payment directly from the provider's reimbursement insurance	1825
policy insurer, including any obligation in the contract by which	1826
the provider must refund the contract holder upon cancellation of	1827
a contract;	1828

(4) Conspicuously state the name, address, and telephone	1829
number of the provider's reimbursement insurance policy insurer.	1830

(D) A reimbursement insurance policy that is required to be	1831
issued under this section shall contain:	1832

(1) A statement that if a provider fails to perform or make	1833
payment due under the terms of the motor vehicle tire or wheel	1834
road hazard contract within sixty days after the contract holder	1835
requests performance or payment pursuant to the terms of the	1836
contract, the contract holder may request performance or payment	1837
directly from the provider's reimbursement insurance policy	1838
insurer, including any obligation in the contract by which the	1839
provider must refund the contract holder upon cancellation of a	1840
contract;	1841

(2) A statement that in the event of cancellation of the	1842
provider's reimbursement insurance policy, insurance coverage will	1843
continue for all contract holders whose motor vehicle tire or	1844
wheel road hazard contracts were issued by the provider and	1845
reported to the insurer for coverage during the term of the	1846
reimbursement insurance policy.	1847

(E) The sale or issuance of a motor vehicle tire or wheel	1848
road hazard contract is a consumer transaction for purposes of	1849
sections 1345.01 to 1345.13 of the Revised Code. The provider is	1850
the supplier and the contract holder is the consumer for purposes	1851
of those sections.	1852

(F) Unless issued by an insurer authorized or eligible to do	1853
business in this state, a motor vehicle tire or wheel road hazard	1854
contract does not constitute a contract substantially amounting to	1855
insurance, or the contract's issuance the business of insurance,	1856
under section 3905.42 of the Revised Code.	1857

(G) The rights of a contract holder against a provider's	1858
reimbursement insurance policy insurer as provided in this section	1859
apply only in regard to a reimbursement insurance policy issued	1860
under this section. This section does not create any contractual	1861
rights in favor of a person that does not qualify as an insured	1862
under any other type of insurance policy described in Title XXXIX	1863
of the Revised Code. This section does not prohibit the insurer of	1864
a provider's reimbursement insurance policy from assuming	1865
liability for contracts issued prior to the effective date of the	1866
policy or this statute.	1867

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

1868

(A) "Atomic energy" means all forms of energy released in the	1869
course of nuclear fission or nuclear transformation.	1870

(B) "By-product material" ~~means any radioactive material~~	1871
~~(except special nuclear material) yielded in, or made radioactive~~	1872
~~by exposure to the radiation incident to, the process of producing~~	1873
~~or utilizing special nuclear materials~~has the same meaning as in	1874
Section 11(e)(2) of the "Atomic Energy Act of 1954," 68 Stat. 922,	1875
42 U.S.C. 2014, as amended.	1876

(C) "Production facility" means any equipment or device	1877
capable of the production of special nuclear material in such	1878
quantity as to be of significance to the common defense and	1879
security, or in such manner as to affect the health and safety of	1880
the public; or any important component part especially designed	1881
for such equipment or device.	1882

(D) "Special nuclear material" means plutonium or uranium	1883
enriched in the isotope 233 or in the isotope 235, or any other	1884
material which the governor declares by order to be special	1885
nuclear material.	1886

(E) "Utilization facility" means any equipment or device,	1887
except an atomic weapon, capable of making use of special nuclear	1888
materials in such quantity as to be of significance to the common	1889
defense and security, or in such manner as to affect the health	1890
and safety of the public, or peculiarly adapted for making use of	1891
atomic energy in such quantity as to be of significance to the	1892
common defense and security, or in such manner as to affect the	1893
health and safety of the public; or any important component part	1894
especially designed for such equipment or device.	1895

(F) "Radiation" means gamma rays and X-rays, alpha and beta	1896
particles, high-speed electrons, neutrons, protons, and other	1897
nuclear particles; but not sound or radio waves, or visible,	1898
infrared, or ultraviolet light.	1899

(G) ~~"Large quantity" has the meaning set forth in Part 71 of~~	1900
~~Title 10, section 71.4(f), of the Code of Federal Regulations~~	1901
"Highway route controlled quantity" has the same meaning as in 49	1902
C.F.R. 173.403.	1903

(H) "High-level radioactive waste" means any of the	1904
following:	1905

(1) Irradiated reactor fuel;

1906

(2) Liquid wastes resulting from the operation of the first	1907
cycle solvent extraction system, or equivalent, and the	1908
concentrated wastes from subsequent extraction cycles, or	1909
equivalent, in a facility for reprocessing irradiated reactor	1910
fuel;	1911

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

1912

(4) Any other highly radioactive waste material that the	1913
United States nuclear regulatory commission or the United States	1914
department of energy determines by law requires permanent	1915
isolation;	1916

(5) Any by-product material.

1917

(I) "Spent nuclear fuel" means fuel that has been withdrawn	1918
from a nuclear reactor following irradiation, the constituent	1919
elements of which have not been separated by reprocessing.	1920

(J) "Transuranic waste" means material containing elements	1921
that have an atomic number greater than ninety-two, including	1922
neptunium, plutonium, americium, and curium, and that are in	1923
concentrations greater than ten nanocuries per gram or in other	1924
concentrations that the United States nuclear regulatory	1925
commission may prescribe.	1926

Sec. 4163.07. (A)(1) Prior to transporting any ~~large~~	1927
high-level radioactive waste, spent nuclear fuel, transuranic	1928
waste, or any quantity of special nuclear material ~~or by-product~~	1929
~~material~~that meets or exceeds the highway route controlled	1930
quantity, within, into, or through the state, the carrier or	1931
shipper of the material shall notify the executive director of the	1932
emergency management agency established under section 5502.22 of	1933
the Revised Code of the shipment. The notice shall be in writing	1934
and be sent by certified mail and shall include the name of the	1935
shipper; the name of the carrier; the type and quantity of the	1936
~~special nuclear~~ material ~~or by-product material~~; the	1937
transportation mode of the shipment; the proposed date and time of	1938
shipment of the material within, into, or through the state; and	1939
the starting point, termination or exit point, scheduled route,	1940
and each alternate route, if any, of the shipment. In order to	1941
constitute effective notification under division (A)(1) of this	1942
section, notification shall be received by the executive director	1943
at least ~~forty-eight hours~~four days prior to ~~entry of the~~	1944
shipment within, into, or through the state.	1945

(2) The carrier or shipper of any shipment subject to	1946
division (A)(1) of this section shall immediately notify the	1947
executive director of any change in the date and time of the	1948
shipment or in the route of the shipment within, into, or through	1949
the state.	1950

(B) Upon receipt of a notice of any shipment of ~~a large~~	1951
~~quantity of special nuclear material or by-product~~ material that	1952
is subject to division (A)(1) of this section within, into, or	1953
through the state, the executive director of the emergency	1954
management agency shall immediately notify the director of public	1955
safety, the director of environmental protection, the chairperson	1956
of the public utilities commission, and the sheriff of each county	1957
along the proposed route, or any alternate route, of the shipment.	1958

(C) The executive director of the emergency management agency	1959
shall not disclose to any person other than those persons	1960
enumerated in division (B) of this section any information	1961
pertaining to any shipment of special nuclear material or	1962
by-product material prior to the time that the shipment is	1963
completed.	1964

(D) This section does not apply to radioactive materials,	1965
other than by-products, shipped by or for the United States	1966
department of defense and United States department of energy for	1967
military or national defense purposes. Nothing in this section	1968
requires the disclosure of any defense information or restricted	1969
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919,	1970
42 U.S.C.A. 2011, as amended.	1971

(E) No person shall transport or cause to be transported	1972
within, into, or through the state any ~~large quantity of special~~	1973
~~or by-product~~ material that is subject to division (A)(1) of this	1974
section without first providing the notice required in that	1975
division ~~(A) of this section~~.	1976

(F) Whoever violates division (E) of this section, in	1977
addition to any penalty imposed under section 4163.99 of the	1978
Revised Code, is liable for a civil penalty in an amount not to	1979
exceed ten times the amount of the fee due under section 4163.08	1980
of the Revised Code. The attorney general, upon the request of the	1981
executive director of the emergency management agency, shall bring	1982
a civil action to collect the penalty. Fines collected pursuant to	1983
this section shall be deposited into the state treasury to the	1984
credit of the radiation response fund.	1985

Sec. 4163.08. (A) No person shall transport or cause to be	1986
transported high-level radioactive waste, spent nuclear fuel,	1987
transuranic waste, or any quantity of special nuclear material	1988
that meets or exceeds the highway route controlled quantity,	1989
within, into, or through this state by rail or motor carrier	1990
unless the person, at least four days prior to the date of the	1991
shipment, pays the department of public safety the following fees	1992
for each shipment of high-level radioactive waste, spent nuclear	1993
fuel, transuranic waste, or any quantity of special nuclear	1994
material that meets or exceeds the highway route controlled	1995
quantity, as applicable:	1996

(1) Two thousand five hundred dollars for each shipment by	1997
motor carrier;	1998

(2) Four thousand five hundred dollars for the first cask	1999
designated for transport by rail and three thousand dollars for	2000
each additional cask designated for transport by rail that is	2001
shipped by the same person or entity in the same shipment.	2002

(B) This section does not apply to any shipment of high-level	2003
radioactive waste, spent nuclear fuel, transuranic waste, or any	2004
quantity of special nuclear material that meets or exceeds the	2005
highway route controlled quantity by or for the United States	2006
government for military or national defense purposes. This section	2007
applies to all other shipments of high-level radioactive waste,	2008
spent nuclear fuel, transuranic waste, or any quantity of special	2009
nuclear material that meets or exceeds the highway route	2010
controlled quantity by or for the United States government, to the	2011
extent permitted by federal law.	2012

(C) Whoever violates division (A) of this section is liable	2013
for a civil penalty in an amount not to exceed ten times the	2014
amount of the fee due under this section. The attorney general,	2015
upon the request of the director of public safety, shall bring a	2016
civil action to collect the penalty. Fines collected pursuant to	2017
this section shall be deposited into the state treasury to the	2018
credit of the radiation response fund.	2019

Sec. 4163.09. (A)(1) The department of public safety shall	2020
deposit all fees collected under section 4163.08 of the Revised	2021
Code in the radiation response fund, which is hereby created in	2022
the state treasury. All investment earnings of the fund shall be	2023
credited to it.	2024

(2) Money in the radiation response fund shall be used only	2025
for the following purposes, as determined by the director of	2026
public safety:	2027

(a) State and local expenses related to the shipment of	2028
high-level radioactive waste, spent nuclear fuel, transuranic	2029
waste, or any quantity of special nuclear material that meets or	2030
exceeds the highway route controlled quantity in this state,	2031
including inspections, escorts, security, emergency management	2032
services, and accident response;	2033

(b) Planning, coordination, education, and training of	2034
emergency response providers, law enforcement agencies, and other	2035
appropriate state or local entities;	2036

(c) Purchase and maintenance of monitoring, medical, safety,	2037
or emergency response equipment and supplies;	2038

(d) Administrative costs of the department and other state or	2039
local entities related to the shipping of high-level radioactive	2040
waste, spent nuclear fuel, transuranic waste, or any quantity of	2041
special nuclear material that meets or exceeds the highway route	2042
controlled quantity;	2043

(e) Other similar expenses determined by the director to be	2044
appropriate.	2045

(B)(1) The director may adopt rules as necessary to implement	2046
sections 4163.08 and 4163.09 of the Revised Code.	2047

(2) In administering section 4163.08 of the Revised Code, the	2048
director shall work with any department or agency of federal,	2049
state, or local government that also regulates the shipment of	2050
high-level radioactive waste, spent nuclear fuel, transuranic	2051
waste, or any quantity of special nuclear material that meets or	2052
exceeds the highway route controlled quantity.	2053

(3) Subject to division (C) of section 4163.07 of the Revised	2054
Code, the department, consistent with national security	2055
requirements, may notify any law enforcement agency or other state	2056
or local entity affected by the shipment, as the director	2057
considers necessary for public safety.	2058

(4) Beginning December 31, 2010, and every two years	2059
thereafter, the director shall prepare and submit to both houses	2060
of the general assembly a report on the radiation response fund.	2061
The report shall include information on the fees received and	2062
expenditures made from the fund.	2063

Sec. 4501.01. As used in this chapter and Chapters 4503.,	2064
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	2065
Revised Code, and in the penal laws, except as otherwise provided:	2066

(A) "Vehicles" means everything on wheels or runners,	2067
including motorized bicycles, but does not mean electric personal	2068
assistive mobility devices, vehicles that are operated exclusively	2069
on rails or tracks or from overhead electric trolley wires, and	2070
vehicles that belong to any police department, municipal fire	2071
department, or volunteer fire department, or that are used by such	2072
a department in the discharge of its functions.	2073

(B) "Motor vehicle" means any vehicle, including mobile homes	2074
and recreational vehicles, that is propelled or drawn by power	2075
other than muscular power or power collected from overhead	2076
electric trolley wires. "Motor vehicle" does not include utility	2077
vehicles as defined in division (VV) of this section, motorized	2078
bicycles, road rollers, traction engines, power shovels, power	2079
cranes, and other equipment used in construction work and not	2080
designed for or employed in general highway transportation,	2081
well-drilling machinery, ditch-digging machinery, farm machinery,	2082
and trailers that are designed and used exclusively to transport a	2083
boat between a place of storage and a marina, or in and around a	2084
marina, when drawn or towed on a public road or highway for a	2085
distance of no more than ten miles and at a speed of twenty-five	2086
miles per hour or less.	2087

(C) "Agricultural tractor" and "traction engine" mean any	2088
self-propelling vehicle that is designed or used for drawing other	2089
vehicles or wheeled machinery, but has no provisions for carrying	2090
loads independently of such other vehicles, and that is used	2091
principally for agricultural purposes.	2092

(D) "Commercial tractor," except as defined in division (C)	2093
of this section, means any motor vehicle that has motive power and	2094
either is designed or used for drawing other motor vehicles, or is	2095
designed or used for drawing another motor vehicle while carrying	2096
a portion of the other motor vehicle or its load, or both.	2097

(E) "Passenger car" means any motor vehicle that is designed	2098
and used for carrying not more than nine persons and includes any	2099
motor vehicle that is designed and used for carrying not more than	2100
fifteen persons in a ridesharing arrangement.	2101

(F) "Collector's vehicle" means any motor vehicle or	2102
agricultural tractor or traction engine that is of special	2103
interest, that has a fair market value of one hundred dollars or	2104
more, whether operable or not, and that is owned, operated,	2105
collected, preserved, restored, maintained, or used essentially as	2106
a collector's item, leisure pursuit, or investment, but not as the	2107
owner's principal means of transportation. "Licensed collector's	2108
vehicle" means a collector's vehicle, other than an agricultural	2109
tractor or traction engine, that displays current, valid license	2110
tags issued under section 4503.45 of the Revised Code, or a	2111
similar type of motor vehicle that displays current, valid license	2112
tags issued under substantially equivalent provisions in the laws	2113
of other states.	2114

(G) "Historical motor vehicle" means any motor vehicle that	2115
is over twenty-five years old and is owned solely as a collector's	2116
item and for participation in club activities, exhibitions, tours,	2117
parades, and similar uses, but that in no event is used for	2118
general transportation.	2119

(H) "Noncommercial motor vehicle" means any motor vehicle,	2120
including a farm truck as defined in section 4503.04 of the	2121
Revised Code, that is designed by the manufacturer to carry a load	2122
of no more than one ton and is used exclusively for purposes other	2123
than engaging in business for profit.	2124

(I) "Bus" means any motor vehicle that has motor power and is	2125
designed and used for carrying more than nine passengers, except	2126
any motor vehicle that is designed and used for carrying not more	2127
than fifteen passengers in a ridesharing arrangement.	2128

(J) "Commercial car" or "truck" means any motor vehicle that	2129
has motor power and is designed and used for carrying merchandise	2130
or freight, or that is used as a commercial tractor.	2131

(K) "Bicycle" means every device, other than a tricycle that	2132
is designed solely for use as a play vehicle by a child, that is	2133
propelled solely by human power upon which any person may ride,	2134
and that has either two tandem wheels, or one wheel in front and	2135
two wheels in the rear, any of which is more than fourteen inches	2136
in diameter.	2137

(L) "Motorized bicycle" means any vehicle that either has two	2138
tandem wheels or one wheel in the front and two wheels in the	2139
rear, that is capable of being pedaled, and that is equipped with	2140
a helper motor of not more than fifty cubic centimeters piston	2141
displacement that produces no more than one brake horsepower and	2142
is capable of propelling the vehicle at a speed of no greater than	2143
twenty miles per hour on a level surface.	2144

(M) "Trailer" means any vehicle without motive power that is	2145
designed or used for carrying property or persons wholly on its	2146
own structure and for being drawn by a motor vehicle, and includes	2147
any such vehicle that is formed by or operated as a combination of	2148
a semitrailer and a vehicle of the dolly type such as that	2149
commonly known as a trailer dolly, a vehicle used to transport	2150
agricultural produce or agricultural production materials between	2151
a local place of storage or supply and the farm when drawn or	2152
towed on a public road or highway at a speed greater than	2153
twenty-five miles per hour, and a vehicle that is designed and	2154
used exclusively to transport a boat between a place of storage	2155
and a marina, or in and around a marina, when drawn or towed on a	2156
public road or highway for a distance of more than ten miles or at	2157
a speed of more than twenty-five miles per hour. "Trailer" does	2158
not include a manufactured home or travel trailer.	2159

(N) "Noncommercial trailer" means any trailer, except a	2160
travel trailer or trailer that is used to transport a boat as	2161
described in division (B) of this section, but, where applicable,	2162
includes a vehicle that is used to transport a boat as described	2163
in division (M) of this section, that has a gross weight of no	2164
more than three thousand pounds, and that is used exclusively for	2165
purposes other than engaging in business for a profit.	2166

(O) "Mobile home" means a building unit or assembly of closed	2167
construction that is fabricated in an off-site facility, is more	2168
than thirty-five body feet in length or, when erected on site, is	2169
three hundred twenty or more square feet, is built on a permanent	2170
chassis, is transportable in one or more sections, and does not	2171
qualify as a manufactured home as defined in division (C)(4) of	2172
section 3781.06 of the Revised Code or as an industrialized unit	2173
as defined in division (C)(3) of section 3781.06 of the Revised	2174
Code.	2175

(P) "Semitrailer" means any vehicle of the trailer type that	2176
does not have motive power and is so designed or used with another	2177
and separate motor vehicle that in operation a part of its own	2178
weight or that of its load, or both, rests upon and is carried by	2179
the other vehicle furnishing the motive power for propelling	2180
itself and the vehicle referred to in this division, and includes,	2181
for the purpose only of registration and taxation under those	2182
chapters, any vehicle of the dolly type, such as a trailer dolly,	2183
that is designed or used for the conversion of a semitrailer into	2184
a trailer.	2185

(Q) "Recreational vehicle" means a vehicular portable	2186
structure that meets all of the following conditions:	2187

(1) It is designed for the sole purpose of recreational	2188
travel.	2189

(2) It is not used for the purpose of engaging in business	2190
for profit.	2191

(3) It is not used for the purpose of engaging in intrastate	2192
commerce.	2193

(4) It is not used for the purpose of commerce as defined in	2194
49 C.F.R. 383.5, as amended.	2195

(5) It is not regulated by the public utilities commission	2196
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	2197

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

2198

(a) "Travel trailer" means a nonself-propelled recreational	2199
vehicle that does not exceed an overall length of thirty-five	2200
feet, exclusive of bumper and tongue or coupling, and contains	2201
less than three hundred twenty square feet of space when erected	2202
on site. "Travel trailer" includes a tent-type fold-out camping	2203
trailer as defined in section 4517.01 of the Revised Code.	2204

(b) "Motor home" means a self-propelled recreational vehicle	2205
that has no fifth wheel and is constructed with permanently	2206
installed facilities for cold storage, cooking and consuming of	2207
food, and for sleeping.	2208

(c) "Truck camper" means a nonself-propelled recreational	2209
vehicle that does not have wheels for road use and is designed to	2210
be placed upon and attached to a motor vehicle. "Truck camper"	2211
does not include truck covers that consist of walls and a roof,	2212
but do not have floors and facilities enabling them to be used as	2213
a dwelling.	2214

(d) "Fifth wheel trailer" means a vehicle that is of such	2215
size and weight as to be movable without a special highway permit,	2216
that has a gross trailer area of four hundred square feet or	2217
less, that is constructed with a raised forward section that	2218
allows a bi-level floor plan, and that is designed to be towed by	2219
a vehicle equipped with a fifth-wheel hitch ordinarily installed	2220
in the bed of a truck.	2221

(e) "Park trailer" means a vehicle that is commonly known as	2222
a park model recreational vehicle, meets the American national	2223
standard institute standard A119.5 (1988) for park trailers, is	2224
built on a single chassis, has a gross trailer area of four	2225
hundred square feet or less when set up, is designed for seasonal	2226
or temporary living quarters, and may be connected to utilities	2227
necessary for the operation of installed features and appliances.	2228

(R) "Pneumatic tires" means tires of rubber and fabric or	2229
tires of similar material, that are inflated with air.	2230

(S) "Solid tires" means tires of rubber or similar elastic	2231
material that are not dependent upon confined air for support of	2232
the load.	2233

(T) "Solid tire vehicle" means any vehicle that is equipped	2234
with two or more solid tires.	2235

(U) "Farm machinery" means all machines and tools that are	2236
used in the production, harvesting, and care of farm products, and	2237
includes trailers that are used to transport agricultural produce	2238
or agricultural production materials between a local place of	2239
storage or supply and the farm, agricultural tractors, threshing	2240
machinery, hay-baling machinery, corn shellers, hammermills, and	2241
machinery used in the production of horticultural, agricultural,	2242
and vegetable products.	2243

(V) "Owner" includes any person or firm, other than a	2244
manufacturer or dealer, that has title to a motor vehicle, except	2245
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	2246
includes in addition manufacturers and dealers.	2247

(W) "Manufacturer" and "dealer" include all persons and firms	2248
that are regularly engaged in the business of manufacturing,	2249
selling, displaying, offering for sale, or dealing in motor	2250
vehicles, at an established place of business that is used	2251
exclusively for the purpose of manufacturing, selling, displaying,	2252
offering for sale, or dealing in motor vehicles. A place of	2253
business that is used for manufacturing, selling, displaying,	2254
offering for sale, or dealing in motor vehicles shall be deemed to	2255
be used exclusively for those purposes even though snowmobiles or	2256
all-purpose vehicles are sold or displayed for sale thereat, even	2257
though farm machinery is sold or displayed for sale thereat, or	2258
even though repair, accessory, gasoline and oil, storage, parts,	2259
service, or paint departments are maintained thereat, or, in any	2260
county having a population of less than seventy-five thousand at	2261
the last federal census, even though a department in a place of	2262
business is used to dismantle, salvage, or rebuild motor vehicles	2263
by means of used parts, if such departments are operated for the	2264
purpose of furthering and assisting in the business of	2265
manufacturing, selling, displaying, offering for sale, or dealing	2266
in motor vehicles. Places of business or departments in a place of	2267
business used to dismantle, salvage, or rebuild motor vehicles by	2268
means of using used parts are not considered as being maintained	2269
for the purpose of assisting or furthering the manufacturing,	2270
selling, displaying, and offering for sale or dealing in motor	2271
vehicles.	2272

(X) "Operator" includes any person who drives or operates a	2273
motor vehicle upon the public highways.	2274

(Y) "Chauffeur" means any operator who operates a motor	2275
vehicle, other than a taxicab, as an employee for hire; or any	2276
operator whether or not the owner of a motor vehicle, other than a	2277
taxicab, who operates such vehicle for transporting, for gain,	2278
compensation, or profit, either persons or property owned by	2279
another. Any operator of a motor vehicle who is voluntarily	2280
involved in a ridesharing arrangement is not considered an	2281
employee for hire or operating such vehicle for gain,	2282
compensation, or profit.	2283

(Z) "State" includes the territories and federal districts of	2284
the United States, and the provinces of Canada.	2285

(AA) "Public roads and highways" for vehicles includes all	2286
public thoroughfares, bridges, and culverts.	2287

(BB) "Manufacturer's number" means the manufacturer's	2288
original serial number that is affixed to or imprinted upon the	2289
chassis or other part of the motor vehicle.	2290

(CC) "Motor number" means the manufacturer's original number	2291
that is affixed to or imprinted upon the engine or motor of the	2292
vehicle.	2293

(DD) "Distributor" means any person who is authorized by a	2294
motor vehicle manufacturer to distribute new motor vehicles to	2295
licensed motor vehicle dealers at an established place of business	2296
that is used exclusively for the purpose of distributing new motor	2297
vehicles to licensed motor vehicle dealers, except when the	2298
distributor also is a new motor vehicle dealer, in which case the	2299
distributor may distribute at the location of the distributor's	2300
licensed dealership.	2301

(EE) "Ridesharing arrangement" means the transportation of	2302
persons in a motor vehicle where the transportation is incidental	2303
to another purpose of a volunteer driver and includes ridesharing	2304
arrangements known as carpools, vanpools, and buspools.	2305

(FF) "Apportionable vehicle" means any vehicle that is used	2306
or intended for use in two or more international registration plan	2307
member jurisdictions that allocate or proportionally register	2308
vehicles, that is used for the transportation of persons for hire	2309
or designed, used, or maintained primarily for the transportation	2310
of property, and that meets any of the following qualifications:	2311

(1) Is a power unit having a gross vehicle weight in excess	2312
of twenty-six thousand pounds;	2313

(2) Is a power unit having three or more axles, regardless	2314
of the gross vehicle weight;	2315

(3) Is a combination vehicle with a gross vehicle weight in	2316
excess of twenty-six thousand pounds.	2317

"Apportionable vehicle" does not include recreational	2318
vehicles, vehicles displaying restricted plates, city pick-up and	2319
delivery vehicles, buses used for the transportation of chartered	2320
parties, or vehicles owned and operated by the United States, this	2321
state, or any political subdivisions thereof.	2322

(GG) "Chartered party" means a group of persons who contract	2323
as a group to acquire the exclusive use of a passenger-carrying	2324
motor vehicle at a fixed charge for the vehicle in accordance with	2325
the carrier's tariff, lawfully on file with the United States	2326
department of transportation, for the purpose of group travel to a	2327
specified destination or for a particular itinerary, either agreed	2328
upon in advance or modified by the chartered group after having	2329
left the place of origin.	2330

(HH) "International registration plan" means a reciprocal	2331
agreement of member jurisdictions that is endorsed by the American	2332
association of motor vehicle administrators, and that promotes and	2333
encourages the fullest possible use of the highway system by	2334
authorizing apportioned registration of fleets of vehicles and	2335
recognizing registration of vehicles apportioned in member	2336
jurisdictions.	2337

(II) "Restricted plate" means a license plate that has a	2338
restriction of time, geographic area, mileage, or commodity, and	2339
includes license plates issued to farm trucks under division (J)	2340
of section 4503.04 of the Revised Code.	2341

(JJ) "Gross vehicle weight," with regard to any commercial	2342
car, trailer, semitrailer, or bus that is taxed at the rates	2343
established under section 4503.042 or 4503.65 of the Revised Code,	2344
means the unladen weight of the vehicle fully equipped plus the	2345
maximum weight of the load to be carried on the vehicle.	2346

(KK) "Combined gross vehicle weight" with regard to any	2347
combination of a commercial car, trailer, and semitrailer, that is	2348
taxed at the rates established under section 4503.042 or 4503.65	2349
of the Revised Code, means the total unladen weight of the	2350
combination of vehicles fully equipped plus the maximum weight of	2351
the load to be carried on that combination of vehicles.	2352

(LL) "Chauffeured limousine" means a motor vehicle that is	2353
designed to carry nine or fewer passengers and is operated for	2354
hire on an hourly basis pursuant to a prearranged contract for the	2355
transportation of passengers on public roads and highways along a	2356
route under the control of the person hiring the vehicle and not	2357
over a defined and regular route. "Prearranged contract" means an	2358
agreement, made in advance of boarding, to provide transportation	2359
from a specific location in a chauffeured limousine at a fixed	2360
rate per hour or trip. "Chauffeured limousine" does not include	2361
any vehicle that is used exclusively in the business of funeral	2362
directing.	2363

(MM) "Manufactured home" has the same meaning as in division	2364
(C)(4) of section 3781.06 of the Revised Code.	2365

(NN) "Acquired situs," with respect to a manufactured home or	2366
a mobile home, means to become located in this state by the	2367
placement of the home on real property, but does not include the	2368
placement of a manufactured home or a mobile home in the inventory	2369
of a new motor vehicle dealer or the inventory of a manufacturer,	2370
remanufacturer, or distributor of manufactured or mobile homes.	2371

(OO) "Electronic" includes electrical, digital, magnetic,	2372
optical, electromagnetic, or any other form of technology that	2373
entails capabilities similar to these technologies.	2374

(PP) "Electronic record" means a record generated,	2375
communicated, received, or stored by electronic means for use in	2376
an information system or for transmission from one information	2377
system to another.	2378

(QQ) "Electronic signature" means a signature in electronic	2379
form attached to or logically associated with an electronic	2380
record.	2381

(RR) "Financial transaction device" has the same meaning as	2382
in division (A) of section 113.40 of the Revised Code.	2383

(SS) "Electronic motor vehicle dealer" means a motor vehicle	2384
dealer licensed under Chapter 4517. of the Revised Code whom the	2385
registrar of motor vehicles determines meets the criteria	2386
designated in section 4503.035 of the Revised Code for electronic	2387
motor vehicle dealers and designates as an electronic motor	2388
vehicle dealer under that section.	2389

(TT) "Electric personal assistive mobility device" means a	2390
self-balancing two non-tandem wheeled device that is designed to	2391
transport only one person, has an electric propulsion system of an	2392
average of seven hundred fifty watts, and when ridden on a paved	2393
level surface by an operator who weighs one hundred seventy pounds	2394
has a maximum speed of less than twenty miles per hour.	2395

(UU) "Limited driving privileges" means the privilege to	2396
operate a motor vehicle that a court grants under section 4510.021	2397
of the Revised Code to a person whose driver's or commercial	2398
driver's license or permit or nonresident operating privilege has	2399
been suspended.	2400

(VV) "Utility vehicle" means a self-propelled vehicle	2401
designed with a bed, principally for the purpose of transporting	2402
material or cargo in connection with construction, agricultural,	2403
forestry, grounds maintenance, lawn and garden, materials	2404
handling, or similar activities. "Utility vehicle" includes a	2405
vehicle with a maximum attainable speed of twenty miles per hour	2406
or less that is used exclusively within the boundaries of state	2407
parks by state park employees or volunteers for the operation or	2408
maintenance of state park facilities.	2409

Sec. 4501.026. The registrar of motor vehicles or a deputy	2410
registrar shall ask an individual with whom the registrar or	2411
deputy registrar conducts driver's license or identification card	2412
transactions if the individual is a veteran or is currently	2413
serving in the armed forces of the United States or any reserve	2414
component of the armed forces of the United States or the Ohio	2415
national guard. If the individual claims to be a veteran or to be	2416
currently serving in the armed forces of the United States or any	2417
reserve component of the armed forces of the United States or the	2418
Ohio national guard, the registrar or deputy registrar shall	2419
provide the individual's name, address, and military status to	2420
the department of veterans services for official government	2421
purposes regarding benefits and services.	2422

Sec. 4501.03. The registrar of motor vehicles shall open an	2423
account with each county and district of registration in the	2424
state, and may assign each county and district of registration in	2425
the state a unique code for identification purposes. Except as	2426
provided in section 4501.044 or division ~~(B)~~(A) (1) of section	2427
4501.045 of the Revised Code, the registrar shall pay all moneys	2428
the registrar receives under sections 4503.02, 4503.12, and	2429
4504.09 of the Revised Code into the state treasury to the credit	2430
of the auto registration distribution fund, which is hereby	2431
created, for distribution in the manner provided for in this	2432
section and sections 4501.04, 4501.041, 4501.042, and 4501.043 of	2433
the Revised Code. All other moneys received by the registrar shall	2434
be deposited in the state bureau of motor vehicles fund	2435
established in section 4501.25 of the Revised Code for the	2436
purposes enumerated in that section, unless otherwise provided by	2437
law.	2438

All moneys credited to the auto registration distribution	2439
fund shall be distributed to the counties and districts of	2440
registration, except for funds received by the registrar under	2441
section 4504.09 of the Revised Code, after receipt of	2442
certifications from the commissioners of the sinking fund	2443
certifying, as required by sections 5528.15 and 5528.35 of the	2444
Revised Code, that there are sufficient moneys to the credit of	2445
the highway improvement bond retirement fund created by section	2446
5528.12 of the Revised Code to meet in full all payments of	2447
interest, principal, and charges for the retirement of bonds and	2448
other obligations issued pursuant to Section 2g of Article VIII,	2449
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	2450
Code due and payable during the current calendar year, and that	2451
there are sufficient moneys to the credit of the highway	2452
obligations bond retirement fund created by section 5528.32 of the	2453
Revised Code to meet in full all payments of interest, principal,	2454
and charges for the retirement of highway obligations issued	2455
pursuant to Section 2i of Article VIII, Ohio Constitution, and	2456
sections 5528.30 and 5528.31 of the Revised Code due and payable	2457
during the current calendar year, in the manner provided in	2458
section 4501.04 of the Revised Code.	2459

The treasurer of state may invest any portion of the moneys	2460
credited to the auto registration distribution fund, in the same	2461
manner and subject to all the laws with respect to the investment	2462
of state funds by the treasurer of state, and all investment	2463
earnings of the fund shall be credited to the fund.	2464

Once each month the registrar shall prepare vouchers in favor	2465
of the county auditor of each county for the amount of the tax	2466
collection pursuant to sections 4503.02 and 4503.12 of the Revised	2467
Code apportioned to the county and to the districts of	2468
registration located wholly or in part in the county auditor's	2469
county. The county auditor shall distribute the proceeds of the	2470
tax collections due the county and the districts of registration	2471
in the manner provided in section 4501.04 of the Revised Code.	2472

Once each month the registrar also shall prepare vouchers in	2473
favor of the county auditor of each county levying a county motor	2474
vehicle license tax pursuant to section 4504.02, 4504.15, or	2475
4504.16 of the Revised Code and of each county in which is located	2476
one or more townships levying a township motor vehicle license tax	2477
pursuant to section 4504.18 of the Revised Code for the amount of	2478
the tax due the county or townships in the county.	2479

All moneys received by the registrar under sections 4503.02,	2480
4503.12, and 4504.09 of the Revised Code shall be distributed to	2481
counties, townships, and municipal corporations within thirty days	2482
of the expiration of the registration year, except that a sum	2483
equal to five per cent of the total amount received under sections	2484
4503.02 and 4503.12 of the Revised Code may be reserved to make	2485
final adjustments in accordance with the formula for distribution	2486
set forth in section 4501.04 of the Revised Code. If amounts set	2487
aside to make the adjustments are inadequate, necessary	2488
adjustments shall be made immediately out of funds available for	2489
distribution for the following two registration years.	2490

Sec. 4501.044. (A) All moneys received under section 4503.65	2491
of the Revised Code and from the tax imposed by section 4503.02 of	2492
the Revised Code on vehicles that are apportionable and to which	2493
the rates specified in divisions (A)(1) to (21) and division (B)	2494
of section 4503.042 of the Revised Code apply shall be paid into	2495
the international registration plan distribution fund, which is	2496
hereby created in the state treasury, and distributed as follows:	2497

(1) First, to make payments to other states that are members	2498
of the international registration plan of the portions of	2499
registration taxes the states are eligible to receive because of	2500
the operation within their borders of apportionable vehicles that	2501
are registered in Ohio;	2502

(2) Second, two and five-tenths per cent of all the moneys	2503
received from apportionable vehicles under section 4503.65 of the	2504
Revised Code that are collected from other international	2505
registration plan jurisdictions commencing on and after October 1,	2506
2009, shall be deposited into the state highway safety fund	2507
established in section 4501.06 of the Revised Code;	2508

(3) Third, forty-two and six-tenths per cent of the moneys	2509
received from apportionable vehicles under divisions (A)(8) to	2510
(21) of section 4503.042 and forty-two and six-tenths per cent of	2511
the balance remaining from the moneys received under section	2512
4503.65 of the Revised Code after distribution under division	2513
(A)(2) of this section shall be deposited in the state treasury to	2514
the credit of the highway obligations bond retirement fund created	2515
by section 5528.32 of the Revised Code and used solely for the	2516
purposes set forth in that section, except that, from the date the	2517
commissioners of the sinking fund make the certification to the	2518
treasurer of state on the sufficiency of funds in the highway	2519
obligation bond retirement fund as required by section 5528.38 of	2520
the Revised Code, and until the thirty-first day of December of	2521
the year in which the certification is made, the amounts	2522
distributed under division (A)~~(2)~~(3) of this section shall be	2523
credited to the highway operating fund created by section 5735.291	2524
of the Revised Code;	2525

~~(3) Third~~(4) Fourth, an amount estimated as the annual costs	2526
that the department of taxation will incur in conducting audits of	2527
persons who have registered motor vehicles under the international	2528
registration plan, one-twelfth of which amount shall be paid by	2529
the registrar of motor vehicles into the international	2530
registration plan auditing fund created by section 5703.12 of the	2531
Revised Code by the fifteenth day of each month;	2532

~~(4) Fourth~~(5) Fifth, to the state bureau of motor vehicles	2533
fund established in section 4501.25 of the Revised Code, to offset	2534
operating expenses incurred by the bureau of motor vehicles in	2535
administering the international registration plan;	2536

~~(5)~~(6) Any moneys remaining in the international registration	2537
plan distribution fund after distribution under divisions (A)(1)	2538
to ~~(4)~~(5) of this section shall be distributed in accordance with	2539
division (B) of this section.	2540

(B)(1) Moneys received from the tax imposed by section	2541
4503.02 of the Revised Code on vehicles that are apportionable and	2542
to which the rates specified in divisions (A)(1) to (21) and	2543
division (B) of section 4503.042 of the Revised Code apply shall	2544
be distributed and used in the manner provided in section 4501.04	2545
of the Revised Code and rules adopted by the registrar of motor	2546
vehicles for moneys deposited to the credit of the auto	2547
registration distribution fund.	2548

(2) Moneys received from collections under section 4503.65 of	2549
the Revised Code shall be distributed under divisions (B)(2) and	2550
(3) of this section.	2551

Each county, township, and municipal corporation shall	2552
receive an amount such that the ratio that the amount of moneys	2553
received by that county, township, or municipal corporation under	2554
division (B)(1) of this section from apportionable vehicles	2555
registered in Ohio and under section 4503.65 of the Revised Code	2556
from apportionable vehicles registered in other international	2557
registration plan jurisdictions bears to the total amount of	2558
moneys received by all counties, townships, and municipal	2559
corporations under division (B)(1) of this section from	2560
apportionable vehicles registered in Ohio and under section	2561
4503.65 of the Revised Code from apportionable vehicles registered	2562
in other international registration plan jurisdictions equals the	2563
ratio that the amount of moneys that the county, township, or	2564
municipal corporation would receive from apportionable vehicles	2565
registered in Ohio were the moneys from such vehicles distributed	2566
under section 4501.04 of the Revised Code, based solely on the	2567
weight schedules contained in section 4503.042 of the Revised	2568
Code, bears to the total amount of money that all counties,	2569
townships, and municipal corporations would receive from	2570
apportionable vehicles registered in Ohio were the moneys from	2571
such vehicles distributed under section 4501.04 of the Revised	2572
Code, based solely on the weight schedules contained in section	2573
4503.042 of the Revised Code.	2574

No county, township, or municipal corporation shall receive	2575
under division (B)(2) of this section an amount greater than the	2576
amount of money that that county, township, or municipal	2577
corporation would receive from apportionable vehicles registered	2578
in Ohio were the money from the taxation of such vehicles	2579
distributed under section 4501.04 of the Revised Code based solely	2580
on the weight schedules contained in section 4503.042 of the	2581
Revised Code.	2582

(3) If, at the end of the distribution year, the total of all	2583
moneys received under section 4503.65 of the Revised Code exceeds	2584
the total moneys subject to distribution under division (B)(2) of	2585
this section, the registrar shall distribute to each county,	2586
township, and municipal corporation a portion of the excess. The	2587
excess shall be distributed to counties, townships, and municipal	2588
corporations in the same proportion that the revenues received by	2589
each county, township, and municipal corporation from collections	2590
under section 4503.02 and from collections under section 4503.65	2591
of the Revised Code during that distribution year bears to the	2592
total revenues received by counties, townships, and municipal	2593
corporations from taxes levied under section 4503.02 and from	2594
collections under section 4503.65 of the Revised Code during that	2595
distribution year.	2596

(C) All moneys received from the administrative fee imposed	2597
by division (C) of section 4503.042 of the Revised Code shall be	2598
deposited to the credit of the state bureau of motor vehicles fund	2599
established in section 4501.25 of the Revised Code, to offset	2600
operating expenses incurred by the bureau of motor vehicles in	2601
administering the international registration plan.	2602

(D) All investment earnings of the international registration	2603
plan distribution fund shall be credited to the fund.	2604

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	2605
referred to in division (O) of section 4503.04, division (E) of	2606
section 4503.042, division (B) of section 4503.07, division (C)(1)	2607
of section 4503.10, division (D) of section 4503.182, division	2608
(D)(2) of section 4507.24, division (A) of section 4508.06, and	2609
sections 4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05,	2610
4923.12, and 5502.12 of the Revised Code, and the taxes charged	2611
in section 4503.65 that are distributed in accordance with	2612
division (A)(2) of section 4501.044 of the Revised Code unless	2613
otherwise designated by law, shall be deposited in the state	2614
treasury to the credit of the state highway safety fund, which is	2615
hereby created, and shall, after receipt of certifications from	2616
the commissioners of the sinking fund certifying, as required by	2617
sections 5528.15 and 5528.35 of the Revised Code, that there are	2618
sufficient moneys to the credit of the highway improvement bond	2619
retirement fund created by section 5528.12 of the Revised Code to	2620
meet in full all payments of interest, principal, and charges for	2621
the retirement of bonds and other obligations issued pursuant to	2622
Section 2g of Article VIII, Ohio Constitution, and sections	2623
5528.10 and 5528.11 of the Revised Code due and payable during	2624
the current calendar year, and that there are sufficient moneys	2625
to the credit of the highway obligations bond retirement fund	2626
created by section 5528.32 of the Revised Code to meet in full	2627
all payments of interest, principal, and charges for the	2628
retirement of highway obligations issued pursuant to Section 2i	2629
of Article VIII, Ohio Constitution, and sections 5528.30 and	2630
5528.31 of the Revised Code due and payable during the current	2631
calendar year, be used for the purpose of enforcing and paying	2632
the expenses of administering the law relative to the	2633
registration and operation of motor vehicles on the public roads	2634
or highways. Amounts credited to the fund may also be used to pay	2635
the expenses of administering and enforcing the laws under which	2636
such fees were collected. All investment earnings of the state	2637
highway safety fund shall be credited to the fund.	2638

Sec. 4501.21. (A) There is hereby created in the state	2639
treasury the license plate contribution fund. The fund shall	2640
consist of all contributions paid by motor vehicle registrants and	2641
collected by the registrar of motor vehicles pursuant to sections	2642
4503.491, 4503.493, 4503.50, 4503.501, 4503.502, 4503.51,	2643
4503.522, 4503.523, 4503.545, 4503.55, 4503.551, 4503.552,	2644
4503.553, 4503.561, 4503.562, 4503.591, 4503.67, 4503.68,	2645
4503.69, 4503.71, 4503.711, 4503.712, 4503.72, 4503.73, 4503.74,	2646
4503.75, 4503.85, and 4503.92 of the Revised Code.	2647

(B) The registrar shall pay the contributions the registrar	2648
collects in the fund as follows:	2649

The registrar shall pay the contributions received pursuant	2650
to section 4503.491 of the Revised Code to the breast cancer fund	2651
of Ohio, which shall use that money only to pay for programs that	2652
provide assistance and education to Ohio breast cancer patients	2653
and that improve access for such patients to quality health care	2654
and clinical trials and shall not use any of the money for	2655
abortion information, counseling, services, or other	2656
abortion-related activities.	2657

The registrar shall pay the contributions received pursuant	2658
to section 4503.493 of the Revised Code to the autism society of	2659
Ohio, which shall use the contributions for programs and autism	2660
awareness efforts throughout the state.	2661

The registrar shall pay the contributions the registrar	2662
receives pursuant to section 4503.50 of the Revised Code to the	2663
future farmers of America foundation, which shall deposit the	2664
contributions into its general account to be used for educational	2665
and scholarship purposes of the future farmers of America	2666
foundation.	2667

The registrar shall pay the contributions the registrar	2668
receives pursuant to section 4503.501 of the Revised Code to the	2669
4-H youth development program of the Ohio state university	2670
extension program, which shall use those contributions to pay the	2671
expenses it incurs in conducting its educational activities.	2672

The registrar shall pay the contributions received pursuant	2673
to section 4503.502 of the Revised Code to the Ohio cattlemen's	2674
foundation, which shall use those contributions for scholarships	2675
and other educational activities.	2676

The registrar shall pay each contribution the registrar	2677
receives pursuant to section 4503.51 of the Revised Code to the	2678
university or college whose name or marking or design appears on	2679
collegiate license plates that are issued to a person under that	2680
section. A university or college that receives contributions from	2681
the fund shall deposit the contributions into its general	2682
scholarship fund.	2683

The registrar shall pay the contributions the registrar	2684
receives pursuant to section 4503.522 of the Revised Code to the	2685
"friends of Perry's victory and international peace memorial,	2686
incorporated," a nonprofit corporation organized under the laws of	2687
this state, to assist that organization in paying the expenses it	2688
incurs in sponsoring or holding charitable, educational, and	2689
cultural events at the monument.	2690

The registrar shall pay the contributions the registrar	2691
receives pursuant to section 4503.523 of the Revised Code to the	2692
fairport lights foundation, which shall use the money to pay for	2693
the restoration, maintenance, and preservation of the lighthouses	2694
of fairport harbor.	2695

The registrar shall pay the contributions the registrar	2696
receives pursuant to section 4503.55 of the Revised Code to the	2697
pro football hall of fame, which shall deposit the contributions	2698
into a special bank account that it establishes and which shall be	2699
separate and distinct from any other account the pro football hall	2700
of fame maintains, to be used exclusively for the purpose of	2701
promoting the pro football hall of fame as a travel destination.	2702

The registrar shall pay the contributions that are paid to	2703
the registrar pursuant to section 4503.545 of the Revised Code to	2704
the national rifle association foundation, which shall use the	2705
money to pay the costs of the educational activities and programs	2706
the foundation holds or sponsors in this state.	2707

~~In accordance with section 955.202 of the Revised Code, the~~	2708
The registrar shall pay to the Ohio pet fund the contributions	2709
the registrar receives pursuant to section 4503.551 of the	2710
Revised Code and any other money from any other source,	2711
including donations, gifts, and grants, that is designated by	2712
the source to be paid to the Ohio pet fund. The Ohio pet fund	2713
shall use the moneys it receives under this section ~~only~~ to	2714
support programs for the sterilization of dogs and cats and for	2715
educational programs concerning the proper veterinary care of	2716
those animals, and for expenses of the Ohio pet fund that are	2717
reasonably necessary for it to obtain and maintain its tax-exempt	2718
status and to perform its duties.	2719

The registrar shall pay the contributions the registrar	2720
receives pursuant to section 4503.552 of the Revised Code to the	2721
rock and roll hall of fame and museum, incorporated.	2722

The registrar shall pay the contributions the registrar	2723
receives pursuant to section 4503.553 of the Revised Code to the	2724
Ohio coalition for animals, incorporated, a nonprofit corporation.	2725
Except as provided in division (B) of this section, the coalition	2726
shall distribute the money to its members, and the members shall	2727
use the money only to pay for educational, charitable, and other	2728
programs of each coalition member that provide care for unwanted,	2729
abused, and neglected horses. The Ohio coalition for animals may	2730
use a portion of the money to pay for reasonable marketing costs	2731
incurred in the design and promotion of the license plate and	2732
for administrative costs incurred in the disbursement and	2733
management of funds received under this section.	2734

The registrar shall pay the contributions the registrar	2735
receives pursuant to section 4503.561 of the Revised Code to the	2736
state of Ohio chapter of ducks unlimited, inc., which shall	2737
deposit the contributions into a special bank account that it	2738
establishes. The special bank account shall be separate and	2739
distinct from any other account the state of Ohio chapter of ducks	2740
unlimited, inc., maintains and shall be used exclusively for the	2741
purpose of protecting, enhancing, restoring, and managing wetlands	2742
and conserving wildlife habitat. The state of Ohio chapter of	2743
ducks unlimited, inc., annually shall notify the registrar in	2744
writing of the name, address, and account to which such payments	2745
are to be made.	2746

The registrar shall pay the contributions the registrar	2747
receives pursuant to section 4503.562 of the Revised Code to the	2748
Mahoning river consortium, which shall use the money to pay the	2749
expenses it incurs in restoring and maintaining the Mahoning	2750
river watershed.	2751

The registrar shall pay to a sports commission created	2752
pursuant to section 4503.591 of the Revised Code each	2753
contribution the registrar receives under that section that an	2754
applicant pays to obtain license plates that bear the logo of a	2755
professional sports team located in the county of that sports	2756
commission and that is participating in the license plate program	2757
pursuant to division (E) of that section, irrespective of the	2758
county of residence of an applicant.	2759

The registrar shall pay to a community charity each	2760
contribution the registrar receives under section 4503.591 of the	2761
Revised Code that an applicant pays to obtain license plates that	2762
bear the logo of a professional sports team that is participating	2763
in the license plate program pursuant to division (G) of that	2764
section.	2765

The registrar shall pay the contributions the registrar	2766
receives pursuant to section 4503.67 of the Revised Code to the	2767
Dan Beard council of the boy scouts of America. The council shall	2768
distribute all contributions in an equitable manner throughout	2769
the state to regional councils of the boy scouts.	2770

The registrar shall pay the contributions the registrar	2771
receives pursuant to section 4503.68 of the Revised Code to the	2772
great river council of the girl scouts of the United States of	2773
America. The council shall distribute all contributions in an	2774
equitable manner throughout the state to regional councils of the	2775
girl scouts.	2776

The registrar shall pay the contributions the registrar	2777
receives pursuant to section 4503.69 of the Revised Code to the	2778
Dan Beard council of the boy scouts of America. The council shall	2779
distribute all contributions in an equitable manner throughout	2780
the state to regional councils of the boy scouts.	2781

The registrar shall pay the contributions the registrar	2782
receives pursuant to section 4503.71 of the Revised Code to the	2783
fraternal order of police of Ohio, incorporated, which shall	2784
deposit the fees into its general account to be used for purposes	2785
of the fraternal order of police of Ohio, incorporated.	2786

The registrar shall pay the contributions the registrar	2787
receives pursuant to section 4503.711 of the Revised Code to the	2788
fraternal order of police of Ohio, incorporated, which shall	2789
deposit the contributions into an account that it creates to be	2790
used for the purpose of advancing and protecting the law	2791
enforcement profession, promoting improved law enforcement	2792
methods, and teaching respect for law and order.	2793

The registrar shall pay the contributions received pursuant	2794
to section 4503.712 of the Revised Code to Ohio concerns of	2795
police survivors, which shall use those contributions to provide	2796
whatever assistance may be appropriate to the families of Ohio	2797
law enforcement officers who are killed in the line of duty.	2798

The registrar shall pay the contributions the registrar	2799
receives pursuant to section 4503.72 of the Revised Code to the	2800
organization known on March 31, 2003, as the Ohio CASA/GAL	2801
association, a private, nonprofit corporation organized under	2802
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	2803
shall use these contributions to pay the expenses it incurs in	2804
administering a program to secure the proper representation in the	2805
courts of this state of abused, neglected, and dependent children,	2806
and for the training and supervision of persons participating in	2807
that program.	2808

The registrar shall pay the contributions the registrar	2809
receives pursuant to section 4503.73 of the Revised Code to	2810
Wright B. Flyer, incorporated, which shall deposit the	2811
contributions into its general account to be used for purposes of	2812
Wright B. Flyer, incorporated.	2813

The registrar shall pay the contributions the registrar	2814
receives pursuant to section 4503.74 of the Revised Code to the	2815
Columbus zoological park association, which shall disburse the	2816
moneys to Ohio's major metropolitan zoos, as defined in section	2817
4503.74 of the Revised Code, in accordance with a written	2818
agreement entered into by the major metropolitan zoos.	2819

The registrar shall pay the contributions the registrar	2820
receives pursuant to section 4503.75 of the Revised Code to the	2821
rotary foundation, located on March 31, 2003, in Evanston,	2822
Illinois, to be placed in a fund known as the permanent fund and	2823
used to endow educational and humanitarian programs of the rotary	2824
foundation.	2825

The registrar shall pay the contributions the registrar	2826
receives pursuant to section 4503.85 of the Revised Code to the	2827
Ohio sea grant college program to be used for Lake Erie area	2828
research projects.	2829

The registrar shall pay the contributions received pursuant	2830
to section 4503.92 of the Revised Code to support our troops,	2831
incorporated, a national nonprofit corporation, which shall use	2832
those contributions in accordance with its articles of	2833
incorporation and for the benefit of servicemembers of the armed	2834
forces of the United States and their families when they are in	2835
financial need.	2836

(C) All investment earnings of the license plate contribution	2837
fund shall be credited to the fund. Not later than the first day	2838
of May of every year, the registrar shall distribute to each	2839
entity described in division (B) of this section the investment	2840
income the fund earned the previous calendar year. The amount of	2841
such a distribution paid to an entity shall be proportionate to	2842
the amount of money the entity received from the fund during the	2843
previous calendar year.	2844

Sec. 4501.34. (A) The registrar of motor vehicles may adopt	2845
and publish rules to govern the registrar's proceedings. All	2846
proceedings of the registrar shall be open to the public, and all	2847
documents in the registrar's possession are public records. The	2848
registrar shall adopt a seal bearing the inscription: "Motor	2849
Vehicle Registrar of Ohio." The seal shall be affixed to all writs	2850
and authenticated copies of records, and, when it has been so	2851
attached, the copies shall be received in evidence with the same	2852
effect as other public records. All courts shall take judicial	2853
notice of the seal.	2854

(B) Upon the request of any person accompanied by a	2855
nonrefundable fee of ~~two~~eight dollars per name, the registrar may	2856
furnish lists of names and addresses as they appear upon the	2857
applications for driver's licenses, provided that any further	2858
information contained in the applications shall not be disclosed.	2859
The registrar shall pay ~~all the fees~~two dollars of each fee	2860
collected into the state treasury to the credit of the state	2861
bureau of motor vehicles fund established in section 4501.25 of	2862
the Revised Code. Of the remaining six dollars of each such fee	2863
the registrar collects, the registrar shall deposit one dollar	2864
and twenty-five cents into the state treasury to the credit of	2865
the trauma and emergency medical services fund established in	2866
section 4513.263 of the Revised Code, one dollar and twenty-five	2867
cents into the state treasury to the credit of the homeland	2868
security fund established in section 5502.03 of the Revised Code,	2869
seventy-five cents into the state treasury to the credit of the	2870
investigations fund established in section 5502.131 of the Revised	2871
Code, two dollars and twenty-five cents into the state treasury to	2872
the credit of the emergency management agency service and	2873
reimbursement fund established in section 5502.39 of the Revised	2874
Code, and fifty cents into the state treasury to the credit of the	2875
justice program services fund established in section 5502.67 of	2876
the Revised Code.	2877

This division does not apply to the list of qualified driver	2878
licensees required to be compiled and filed pursuant to section	2879
2313.06 of the Revised Code.	2880

Sec. 4503.04. Except as provided in ~~section~~sections	2881
4503.042 and 4503.65 of the Revised Code for the registration of	2882
commercial cars, trailers, semitrailers, and certain buses, the	2883
rates of the taxes imposed by section 4503.02 of the Revised Code	2884
shall be as follows:	2885

(A) For motor vehicles having three wheels or less, the	2886
license tax is:	2887

(1) For each motorized bicycle, ten dollars;

2888

(2) For each motorcycle, fourteen dollars.

2889

(B) For each passenger car, twenty dollars;

2890

(C) For each manufactured home, each mobile home, and each	2891
travel trailer, ten dollars;	2892

(D) For each noncommercial motor vehicle designed by the	2893
manufacturer to carry a load of no more than three-quarters of one	2894
ton and for each motor home, thirty-five dollars; for each	2895
noncommercial motor vehicle designed by the manufacturer to carry	2896
a load of more than three-quarters of one ton, but not more than	2897
one ton, seventy dollars;	2898

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

2899

(1) Eighty-five cents for each one hundred pounds or part	2900
thereof for the first two thousand pounds or part thereof of	2901
weight of vehicle fully equipped;	2902

(2) One dollar and forty cents for each one hundred pounds or	2903
part thereof in excess of two thousand pounds up to and including	2904
three thousand pounds.	2905

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

2906

(1) Vehicle equipped, owned, and used by a charitable or	2907
nonprofit corporation exclusively for the purpose of administering	2908
chest x-rays or receiving blood donations;	2909

(2) Van used principally for the transportation of	2910
handicapped persons that has been modified by being equipped with	2911
adaptive equipment to facilitate the movement of such persons into	2912
and out of the van;	2913

(3) Bus used principally for the transportation of	2914
handicapped persons or persons sixty-five years of age or older;	2915

(G) Notwithstanding its weight, twenty dollars for any bus	2916
used principally for the transportation of persons in a	2917
ridesharing arrangement.	2918

(H) For each transit bus having motor power the license tax	2919
is twelve dollars.	2920

"Transit bus" means either a motor vehicle having a seating	2921
capacity of more than seven persons which is operated and used by	2922
any person in the rendition of a public mass transportation	2923
service primarily in a municipal corporation or municipal	2924
corporations and provided at least seventy-five per cent of the	2925
annual mileage of such service and use is within such municipal	2926
corporation or municipal corporations or a motor vehicle having a	2927
seating capacity of more than seven persons which is operated	2928
solely for the transportation of persons associated with a	2929
charitable or nonprofit corporation, but does not mean any motor	2930
vehicle having a seating capacity of more than seven persons when	2931
such vehicle is used in a ridesharing capacity or any bus	2932
described by division (F)(3) of this section.	2933

The application for registration of such transit bus shall be	2934
accompanied by an affidavit prescribed by the registrar of motor	2935
vehicles and signed by the person or an agent of the firm or	2936
corporation operating such bus stating that the bus has a seating	2937
capacity of more than seven persons, and that it is either to be	2938
operated and used in the rendition of a public mass transportation	2939
service and that at least seventy-five per cent of the annual	2940
mileage of such operation and use shall be within one or more	2941
municipal corporations or that it is to be operated solely for the	2942
transportation of persons associated with a charitable or	2943
nonprofit corporation.	2944

The form of the license plate, and the manner of its	2945
attachment to the vehicle, shall be prescribed by the registrar of	2946
motor vehicles.	2947

(I) The minimum tax for any vehicle having motor power other	2948
than a farm truck, a motorized bicycle, or motorcycle is ten	2949
dollars and eighty cents, and for each noncommercial trailer, five	2950
dollars.	2951

(J)(1) Except as otherwise provided in division (J) of this	2952
section, for each farm truck, except a noncommercial motor	2953
vehicle, that is owned, controlled, or operated by one or more	2954
farmers exclusively in farm use as defined in this section, and	2955
not for commercial purposes, and provided that at least	2956
seventy-five per cent of such farm use is by or for the one or	2957
more owners, controllers, or operators of the farm in the	2958
operation of which a farm truck is used, the license tax is five	2959
dollars plus:	2960

(a) Fifty cents per one hundred pounds or part thereof for	2961
the first three thousand pounds;	2962

(b) Seventy cents per one hundred pounds or part thereof in	2963
excess of three thousand pounds up to and including four thousand	2964
pounds;	2965

(c) Ninety cents per one hundred pounds or part thereof in	2966
excess of four thousand pounds up to and including six thousand	2967
pounds;	2968

(d) Two dollars for each one hundred pounds or part thereof	2969
in excess of six thousand pounds up to and including ten thousand	2970
pounds;	2971

(e) Two dollars and twenty-five cents for each one hundred	2972
pounds or part thereof in excess of ten thousand pounds;	2973

(f) The minimum license tax for any farm truck shall be	2974
twelve dollars.	2975

(2) The owner of a farm truck may register the truck for a	2976
period of one-half year by paying one-half the registration tax	2977
imposed on the truck under this chapter and one-half the amount of	2978
any tax imposed on the truck under Chapter 4504. of the Revised	2979
Code.	2980

(3) A farm bus may be registered for a period of ninety days	2981
from the date of issue of the license plates for the bus, for a	2982
fee of ten dollars, provided such license plates shall not be	2983
issued for more than any two ninety-day periods in any calendar	2984
year. Such use does not include the operation of trucks by	2985
commercial processors of agricultural products.	2986

(4) License plates for farm trucks and for farm buses shall	2987
have some distinguishing marks, letters, colors, or other	2988
characteristics to be determined by the director of public safety.	2989

(5) Every person registering a farm truck or bus under this	2990
section shall furnish an affidavit certifying that the truck or	2991
bus licensed to that person is to be so used as to meet the	2992
requirements necessary for the farm truck or farm bus	2993
classification.	2994

Any farmer may use a truck owned by the farmer for commercial	2995
purposes by paying the difference between the commercial truck	2996
registration fee and the farm truck registration fee for the	2997
remaining part of the registration period for which the truck is	2998
registered. Such remainder shall be calculated from the beginning	2999
of the semiannual period in which application for such commercial	3000
license is made.	3001

Taxes at the rates provided in this section are in lieu of	3002
all taxes on or with respect to the ownership of such motor	3003
vehicles, except as provided in section 4503.042 and section	3004
4503.06 of the Revised Code.	3005

(K) Other than trucks registered under the international	3006
registration plan in another jurisdiction and for which this state	3007
has received an apportioned registration fee, the license tax for	3008
each truck which is owned, controlled, or operated by a	3009
nonresident, and licensed in another state, and which is used	3010
exclusively for the transportation of nonprocessed agricultural	3011
products intrastate, from the place of production to the place of	3012
processing, is twenty-four dollars.	3013

"Truck," as used in this division, means any pickup truck,	3014
straight truck, semitrailer, or trailer other than a travel	3015
trailer. Nonprocessed agricultural products, as used in this	3016
division, does not include livestock or grain.	3017

A license issued under this division shall be issued for a	3018
period of one hundred thirty days in the same manner in which all	3019
other licenses are issued under this section, provided that no	3020
truck shall be so licensed for more than one	3021
one-hundred-thirty-day period during any calendar year.	3022

The license issued pursuant to this division shall consist of	3023
a windshield decal to be designed by the director of public	3024
safety.	3025

Every person registering a truck under this division shall	3026
furnish an affidavit certifying that the truck licensed to the	3027
person is to be used exclusively for the purposes specified in	3028
this division.	3029

(L) Every person registering a motor vehicle as a	3030
noncommercial motor vehicle as defined in section 4501.01 of the	3031
Revised Code, or registering a trailer as a noncommercial trailer	3032
as defined in that section, shall furnish an affidavit certifying	3033
that the motor vehicle or trailer so licensed to the person is to	3034
be so used as to meet the requirements necessary for the	3035
noncommercial vehicle classification.	3036

(M) Every person registering a van or bus as provided in	3037
divisions (F)(2) and (3) of this section shall furnish a notarized	3038
statement certifying that the van or bus licensed to the person is	3039
to be used for the purposes specified in those divisions. The form	3040
of the license plate issued for such motor vehicles shall be	3041
prescribed by the registrar.	3042

(N) Every person registering as a passenger car a motor	3043
vehicle designed and used for carrying more than nine but not more	3044
than fifteen passengers, and every person registering a bus as	3045
provided in division (G) of this section, shall furnish an	3046
affidavit certifying that the vehicle so licensed to the person is	3047
to be used in a ridesharing arrangement and that the person will	3048
have in effect whenever the vehicle is used in a ridesharing	3049
arrangement a policy of liability insurance with respect to the	3050
motor vehicle in amounts and coverages no less than those required	3051
by section 4509.79 of the Revised Code. The form of the license	3052
plate issued for such a motor vehicle shall be prescribed by the	3053
registrar.	3054

(O) Commencing on October 1, 2009, if an application for	3055
registration renewal is not applied for prior to the expiration	3056
date of the registration, the registrar or deputy registrar shall	3057
collect a fee of ten dollars for the issuance of the vehicle	3058
registration, but may waive the fee for good cause shown if the	3059
application is accompanied by supporting evidence as the registrar	3060
may require. The fee shall be in addition to all other fees	3061
established by this section. A deputy registrar shall retain fifty	3062
cents of the fee and shall transmit the remaining amount to the	3063
registrar at the time and in the manner provided by section	3064
4503.10 of the Revised Code. The registrar shall deposit all	3065
moneys received under this division into the state highway safety	3066
fund established in section 4501.06 of the Revised Code.	3067

(P) As used in this section:

3068

(1) "Van" means any motor vehicle having a single rear axle	3069
and an enclosed body without a second seat.	3070

(2) "Handicapped person" means any person who has lost the	3071
use of one or both legs, or one or both arms, or is blind, deaf,	3072
or so severely disabled as to be unable to move about without the	3073
aid of crutches or a wheelchair.	3074

(3) "Farm truck" means a truck used in the transportation	3075
from the farm of products of the farm, including livestock and its	3076
products, poultry and its products, floricultural and	3077
horticultural products, and in the transportation to the farm of	3078
supplies for the farm, including tile, fence, and every other	3079
thing or commodity used in agricultural, floricultural,	3080
horticultural, livestock, and poultry production and livestock,	3081
poultry, and other animals and things used for breeding, feeding,	3082
or other purposes connected with the operation of the farm.	3083

(4) "Farm bus" means a bus used only for the transportation	3084
of agricultural employees and used only in the transportation of	3085
such employees as are necessary in the operation of the farm.	3086

(5) "Farm supplies" includes fuel used exclusively in the	3087
operation of a farm, including one or more homes located on and	3088
used in the operation of one or more farms, and furniture and	3089
other things used in and around such homes.	3090

Sec. 4503.042. The registrar of motor vehicles shall adopt	3091
rules establishing the date, subsequent to this state's entry into	3092
membership in the international registration plan, when the rates	3093
established by this section become operative.	3094

(A) The rates of the taxes imposed by section 4503.02 of the	3095
Revised Code are as follows for commercial cars having a gross	3096
vehicle weight or combined gross vehicle weight of:	3097

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

3098

(2) More than two thousand but not more than six thousand	3099
pounds, seventy dollars;	3100

(3) More than six thousand but not more than ten thousand	3101
pounds, eighty-five dollars;	3102

(4) More than ten thousand but not more than fourteen	3103
thousand pounds, one hundred five dollars;	3104

(5) More than fourteen thousand but not more than eighteen	3105
thousand pounds, one hundred twenty-five dollars;	3106

(6) More than eighteen thousand but not more than twenty-two	3107
thousand pounds, one hundred fifty dollars;	3108

(7) More than twenty-two thousand but not more than	3109
twenty-six thousand pounds, one hundred seventy-five dollars;	3110

(8) More than twenty-six thousand but not more than thirty	3111
thousand pounds, three hundred fifty-five dollars;	3112

(9) More than thirty thousand but not more than thirty-four	3113
thousand pounds, four hundred twenty dollars;	3114

(10) More than thirty-four thousand but not more than	3115
thirty-eight thousand pounds, four hundred eighty dollars;	3116

(11) More than thirty-eight thousand but not more than	3117
forty-two thousand pounds, five hundred forty dollars;	3118

(12) More than forty-two thousand but not more than forty-six	3119
thousand pounds, six hundred dollars;	3120

(13) More than forty-six thousand but not more than fifty	3121
thousand pounds, six hundred sixty dollars;	3122

(14) More than fifty thousand but not more than fifty-four	3123
thousand pounds, seven hundred twenty-five dollars;	3124

(15) More than fifty-four thousand but not more than	3125
fifty-eight thousand pounds, seven hundred eighty-five dollars;	3126

(16) More than fifty-eight thousand but not more than	3127
sixty-two thousand pounds, eight hundred fifty-five dollars;	3128

(17) More than sixty-two thousand but not more than sixty-six	3129
thousand pounds, nine hundred twenty-five dollars;	3130

(18) More than sixty-six thousand but not more than seventy	3131
thousand pounds, nine hundred ninety-five dollars;	3132

(19) More than seventy thousand but not more than	3133
seventy-four thousand pounds, one thousand eighty dollars;	3134

(20) More than seventy-four thousand but not more than	3135
seventy-eight thousand pounds, one thousand two hundred dollars;	3136

(21) More than seventy-eight thousand pounds, one thousand	3137
three hundred forty dollars.	3138

(B) The rates of the taxes imposed by section 4503.02 of the	3139
Revised Code are as follows for buses having a gross vehicle	3140
weight or combined gross vehicle weight of:	3141

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

3142

(2) More than two thousand but not more than six thousand	3143
pounds, forty dollars;	3144

(3) More than six thousand but not more than ten thousand	3145
pounds, one hundred dollars;	3146

(4) More than ten thousand but not more than fourteen	3147
thousand pounds, one hundred eighty dollars;	3148

(5) More than fourteen thousand but not more than eighteen	3149
thousand pounds, two hundred sixty dollars;	3150

(6) More than eighteen thousand but not more than twenty-two	3151
thousand pounds, three hundred forty dollars;	3152

(7) More than twenty-two thousand but not more than	3153
twenty-six thousand pounds, four hundred twenty dollars;	3154

(8) More than twenty-six thousand but not more than thirty	3155
thousand pounds, five hundred dollars;	3156

(9) More than thirty thousand but not more than thirty-four	3157
thousand pounds, five hundred eighty dollars;	3158

(10) More than thirty-four thousand but not more than	3159
thirty-eight thousand pounds, six hundred sixty dollars;	3160

(11) More than thirty-eight thousand but not more than	3161
forty-two thousand pounds, seven hundred forty dollars;	3162

(12) More than forty-two thousand but not more than forty-six	3163
thousand pounds, eight hundred twenty dollars;	3164

(13) More than forty-six thousand but not more than fifty	3165
thousand pounds, nine hundred forty dollars;	3166

(14) More than fifty thousand but not more than fifty-four	3167
thousand pounds, one thousand dollars;	3168

(15) More than fifty-four thousand but not more than	3169
fifty-eight thousand pounds, one thousand ninety dollars;	3170

(16) More than fifty-eight thousand but not more than	3171
sixty-two thousand pounds, one thousand one hundred eighty	3172
dollars;	3173

(17) More than sixty-two thousand but not more than sixty-six	3174
thousand pounds, one thousand two hundred seventy dollars;	3175

(18) More than sixty-six thousand but not more than seventy	3176
thousand pounds, one thousand three hundred sixty dollars;	3177

(19) More than seventy thousand but not more than	3178
seventy-four thousand pounds, one thousand four hundred fifty	3179
dollars;	3180

(20) More than seventy-four thousand but not more than	3181
seventy-eight thousand pounds, one thousand five hundred forty	3182
dollars;	3183

(21) More than seventy-eight thousand pounds, one thousand	3184
six hundred thirty dollars.	3185

(C) In addition to the license taxes imposed at the rates	3186
specified in divisions (A) and (B) of this section, an	3187
administrative fee of three dollars and ~~twenty-five~~fifty cents,	3188
plus an appropriate amount to cover the cost of postage, shall be	3189
collected by the registrar for each international registration	3190
plan license processed by the registrar. ~~If the deputy registrar~~	3191
~~fees are increased on January 1, 2004, in accordance with section~~	3192
~~4503.034 of the Revised Code, the administrative fee collected~~	3193
~~under this section is three dollars and fifty cents, commencing on~~	3194
~~that date, plus postage.~~	3195

(D) The rate of the tax for each trailer and semitrailer is	3196
twenty-five dollars.	3197

(E) Commencing on October 1, 2009, if an application for	3198
registration renewal is not applied for prior to the expiration	3199
date of the registration, the registrar or deputy registrar shall	3200
collect a fee of ten dollars for the issuance of the vehicle	3201
registration, but may waive the fee for good cause shown if the	3202
application is accompanied by supporting evidence as the registrar	3203
may require. The fee shall be in addition to all other fees	3204
established by this section. A deputy registrar shall retain fifty	3205
cents of the fee and shall transmit the remaining amount to the	3206
registrar at the time and in the manner provided by section	3207
4503.10 of the Revised Code. The registrar shall deposit all	3208
moneys received under this division into the state highway safety	3209
fund established in section 4501.06 of the Revised Code.	3210

(F) The rates established by this section shall not apply to	3211
any of the following:	3212

(1) Vehicles equipped, owned, and used by a charitable or	3213
nonprofit corporation exclusively for the purpose of administering	3214
chest x-rays or receiving blood donations;	3215

(2) Vans used principally for the transportation of	3216
handicapped persons that have been modified by being equipped with	3217
adaptive equipment to facilitate the movement of such persons into	3218
and out of the vans;	3219

(3) Buses used principally for the transportation of	3220
handicapped persons or persons sixty-five years of age or older;	3221

(4) Buses used principally for the transportation of persons	3222
in a ridesharing arrangement;	3223

(5) Transit buses having motor power;

3224

(6) Noncommercial trailers, mobile homes, or manufactured	3225
homes.	3226

Sec. 4503.07. (A) In lieu of the schedule of rates for	3227
commercial cars fixed in section 4503.04 of the Revised Code, the	3228
fee shall be ten dollars for each church bus used exclusively to	3229
transport members of a church congregation to and from church	3230
services or church functions or to transport children and their	3231
authorized supervisors to and from any camping function sponsored	3232
by a nonprofit, tax-exempt, charitable or philanthropic	3233
organization. A church within the meaning of this section is an	3234
organized religious group, duly constituted with officers and a	3235
board of trustees, regularly holding religious services, and	3236
presided over or administered to by a properly accredited	3237
ecclesiastical officer, whose name and standing is published in	3238
the official publication of the officer's religious group.	3239

(B) Commencing on October 1, 2009, if an application for	3240
registration renewal is not applied for prior to the expiration	3241
date of the registration, the registrar or deputy registrar shall	3242
collect a fee of ten dollars for the issuance of the vehicle	3243
registration, but may waive the fee for good cause shown if the	3244
application is accompanied by supporting evidence as the registrar	3245
may require. The fee shall be in addition to all other fees	3246
established by this section. A deputy registrar shall retain fifty	3247
cents of the fee and shall transmit the remaining amount to the	3248
registrar at the time and in the manner provided by section	3249
4503.10 of the Revised Code. The registrar shall deposit all	3250
moneys received under this division into the state highway safety	3251
fund established in section 4501.06 of the Revised Code.	3252

(C) The application for registration of such bus shall be	3253
accompanied by the following, as applicable:	3254

~~(A)~~(1) An affidavit, prescribed by the registrar of motor	3255
vehicles and signed by either the senior pastor, minister, priest,	3256
or rabbi of the church making application or by the head of the	3257
governing body of the church making application, stating that the	3258
bus is to be used exclusively to transport members of a church	3259
congregation to and from church services or church functions or to	3260
transport children and their authorized supervisors to and from	3261
any camping function sponsored by a nonprofit, tax-exempt,	3262
charitable, or philanthropic organization;	3263

~~(B)~~(2) A certificate from the state highway patrol stating	3264
that the bus involved is safe for operation in accordance with	3265
such standards as are prescribed by the state highway patrol if	3266
the bus meets either of the following:	3267

~~(1)~~(a) It originally was designed by the manufacturer to	3268
transport sixteen or more passengers, including the driver;	3269

~~(2)~~(b) It has a gross vehicle weight rating of ten thousand	3270
one pounds or more.	3271

(D) The form of the license plate and the manner of its	3272
attachment to the vehicle shall be prescribed by the registrar.	3273

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	3274
motorcycle, and all-purpose vehicle required to be registered	3275
under section 4519.02 of the Revised Code shall file an	3276
application for registration under section 4519.03 of the Revised	3277
Code. The owner of a motor vehicle, other than a snowmobile,	3278
off-highway motorcycle, or all-purpose vehicle, that is not	3279
designed and constructed by the manufacturer for operation on a	3280
street or highway may not register it under this chapter except	3281
upon certification of inspection pursuant to section 4513.02 of	3282
the Revised Code by the sheriff, or the chief of police of the	3283
municipal corporation or township, with jurisdiction over the	3284
political subdivision in which the owner of the motor vehicle	3285
resides. Except as provided in section 4503.103 of the Revised	3286
Code, every owner of every other motor vehicle not previously	3287
described in this section and every person mentioned as owner in	3288
the last certificate of title of a motor vehicle that is operated	3289
or driven upon the public roads or highways shall cause to be	3290
filed each year, by mail or otherwise, in the office of the	3291
registrar of motor vehicles or a deputy registrar, a written or	3292
electronic application or a preprinted registration renewal notice	3293
issued under section 4503.102 of the Revised Code, the form of	3294
which shall be prescribed by the registrar, for registration for	3295
the following registration year, which shall begin on the first	3296
day of January of every calendar year and end on the thirty-first	3297
day of December in the same year. Applications for registration	3298
and registration renewal notices shall be filed at the times	3299
established by the registrar pursuant to section 4503.101 of the	3300
Revised Code. A motor vehicle owner also may elect to apply for or	3301
renew a motor vehicle registration by electronic means using	3302
electronic signature in accordance with rules adopted by the	3303
registrar. Except as provided in division (J) of this section,	3304
applications for registration shall be made on blanks furnished by	3305
the registrar for that purpose, containing the following	3306
information:	3307

(1) A brief description of the motor vehicle to be	3308
registered, including the year, make, model, and vehicle	3309
identification number, and, in the case of commercial cars, the	3310
gross weight of the vehicle fully equipped computed in the manner	3311
prescribed in section 4503.08 of the Revised Code;	3312

(2) The name and residence address of the owner, and the	3313
township and municipal corporation in which the owner resides;	3314

(3) The district of registration, which shall be determined	3315
as follows:	3316

(a) In case the motor vehicle to be registered is used for	3317
hire or principally in connection with any established business or	3318
branch business, conducted at a particular place, the district of	3319
registration is the municipal corporation in which that place is	3320
located or, if not located in any municipal corporation, the	3321
county and township in which that place is located.	3322

(b) In case the vehicle is not so used, the district of	3323
registration is the municipal corporation or county in which the	3324
owner resides at the time of making the application.	3325

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

3326

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

3327

(6) Whether the fees required to be paid for the registration	3328
or transfer of the motor vehicle, during the preceding	3329
registration year and during the preceding period of the current	3330
registration year, have been paid. Each application for	3331
registration shall be signed by the owner, either manually or by	3332
electronic signature, or pursuant to obtaining a limited power of	3333
attorney authorized by the registrar for registration, or other	3334
document authorizing such signature. If the owner elects to apply	3335
for or renew the motor vehicle registration with the registrar by	3336
electronic means, the owner's manual signature is not required.	3337

(7) The owner's social security number, driver's license	3338
number, or state identification number, or, where a motor vehicle	3339
to be registered is used for hire or principally in connection	3340
with any established business, the owner's federal taxpayer	3341
identification number. The bureau of motor vehicles shall retain	3342
in its records all social security numbers provided under this	3343
section, but the bureau shall not place social security numbers on	3344
motor vehicle certificates of registration.	3345

(B) Except as otherwise provided in this division, each time	3346
an applicant first registers a motor vehicle in the applicant's	3347
name, the applicant shall present for inspection a physical	3348
certificate of title or memorandum certificate showing title to	3349
the motor vehicle to be registered in the name of the applicant if	3350
a physical certificate of title or memorandum certificate has been	3351
issued by a clerk of a court of common pleas. If, under sections	3352
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk	3353
instead has issued an electronic certificate of title for the	3354
applicant's motor vehicle, that certificate may be presented for	3355
inspection at the time of first registration in a manner	3356
prescribed by rules adopted by the registrar. An applicant is not	3357
required to present a certificate of title to an electronic motor	3358
vehicle dealer acting as a limited authority deputy registrar in	3359
accordance with rules adopted by the registrar. When a motor	3360
vehicle inspection and maintenance program is in effect under	3361
section 3704.14 of the Revised Code and rules adopted under it,	3362
each application for registration for a vehicle required to be	3363
inspected under that section and those rules shall be accompanied	3364
by an inspection certificate for the motor vehicle issued in	3365
accordance with that section. The application shall be refused if	3366
any of the following applies:	3367

(1) The application is not in proper form.

3368

(2) The application is prohibited from being accepted by	3369
division (D) of section 2935.27, division (A) of section 2937.221,	3370
division (A) of section 4503.13, division (B) of section 4510.22,	3371
or division (B)(1) of section 4521.10 of the Revised Code.	3372

(3) A certificate of title or memorandum certificate of title	3373
is required but does not accompany the application or, in the case	3374
of an electronic certificate of title, is required but is not	3375
presented in a manner prescribed by the registrar's rules.	3376

(4) All registration and transfer fees for the motor vehicle,	3377
for the preceding year or the preceding period of the current	3378
registration year, have not been paid.	3379

(5) The owner or lessee does not have an inspection	3380
certificate for the motor vehicle as provided in section 3704.14	3381
of the Revised Code, and rules adopted under it, if that section	3382
is applicable.	3383

This section does not require the payment of license or	3384
registration taxes on a motor vehicle for any preceding year, or	3385
for any preceding period of a year, if the motor vehicle was not	3386
taxable for that preceding year or period under sections 4503.02,	3387
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	3388
Revised Code. When a certificate of registration is issued upon	3389
the first registration of a motor vehicle by or on behalf of the	3390
owner, the official issuing the certificate shall indicate the	3391
issuance with a stamp on the certificate of title or memorandum	3392
certificate or, in the case of an electronic certificate of title,	3393
an electronic stamp or other notation as specified in rules	3394
adopted by the registrar, and with a stamp on the inspection	3395
certificate for the motor vehicle, if any. The official also shall	3396
indicate, by a stamp or by other means the registrar prescribes,	3397
on the registration certificate issued upon the first registration	3398
of a motor vehicle by or on behalf of the owner the odometer	3399
reading of the motor vehicle as shown in the odometer statement	3400
included in or attached to the certificate of title. Upon each	3401
subsequent registration of the motor vehicle by or on behalf of	3402
the same owner, the official also shall so indicate the odometer	3403
reading of the motor vehicle as shown on the immediately preceding	3404
certificate of registration.	3405

The registrar shall include in the permanent registration	3406
record of any vehicle required to be inspected under section	3407
3704.14 of the Revised Code the inspection certificate number from	3408
the inspection certificate that is presented at the time of	3409
registration of the vehicle as required under this division.	3410

(C)(1) ~~Commencing with~~For each registration renewal with an	3411
expiration date ~~on or after~~before October 1, ~~2003~~2009, and for	3412
each initial application for registration received ~~on and after~~	3413
before that date, the registrar and each deputy registrar shall	3414
collect an additional fee of eleven dollars for each application	3415
for registration and registration renewal received. Except for	3416
vehicles specified in divisions (A)(1) to (21) of section 4503.042	3417
of the Revised Code, commencing with each registration renewal	3418
with an expiration date on or after October 1, 2009, and for each	3419
initial application for registration received on or after that	3420
date, the registrar and each deputy registrar shall collect an	3421
additional fee of sixteen dollars and seventy-five cents for each	3422
application for registration and registration renewal received.	3423
For vehicles specified in divisions (A)(1) to (21) of section	3424
4503.042 of the Revised Code, commencing with each registration	3425
renewal with an expiration date on or after October 1, 2009, and	3426
for each initial application received on or after that date, the	3427
registrar and deputy registrar shall collect an additional fee of	3428
thirty dollars for each application for registration and	3429
registration renewal received. The additional fee is for the	3430
purpose of defraying the department of public safety's costs	3431
associated with the administration and enforcement of the motor	3432
vehicle and traffic laws of Ohio. Each deputy registrar shall	3433
transmit the fees collected under division (C)(1) of this section	3434
in the time and manner provided in this section. The registrar	3435
shall deposit all moneys received under division (C)(1) of this	3436
section into the state highway safety fund established in section	3437
4501.06 of the Revised Code.	3438

(2) In addition, a charge of twenty-five cents shall be made	3439
for each reflectorized safety license plate issued, and a single	3440
charge of twenty-five cents shall be made for each county	3441
identification sticker or each set of county identification	3442
stickers issued, as the case may be, to cover the cost of	3443
producing the license plates and stickers, including material,	3444
manufacturing, and administrative costs. Those fees shall be in	3445
addition to the license tax. If the total cost of producing the	3446
plates is less than twenty-five cents per plate, or if the total	3447
cost of producing the stickers is less than twenty-five cents per	3448
sticker or per set issued, any excess moneys accruing from the	3449
fees shall be distributed in the same manner as provided by	3450
section 4501.04 of the Revised Code for the distribution of	3451
license tax moneys. If the total cost of producing the plates	3452
exceeds twenty-five cents per plate, or if the total cost of	3453
producing the stickers exceeds twenty-five cents per sticker or	3454
per set issued, the difference shall be paid from the license tax	3455
moneys collected pursuant to section 4503.02 of the Revised Code.	3456

(D) Each deputy registrar shall be allowed a fee of ~~two~~	3457
~~dollars and seventy-five cents commencing on July 1, 2001, three~~	3458
~~dollars and twenty-five cents commencing on January 1, 2003, and~~	3459
three dollars and fifty cents ~~commencing on January 1, 2004,~~ for	3460
each application for registration and registration renewal notice	3461
the deputy registrar receives, which shall be for the purpose of	3462
compensating the deputy registrar for the deputy registrar's	3463
services, and such office and rental expenses, as may be necessary	3464
for the proper discharge of the deputy registrar's duties in the	3465
receiving of applications and renewal notices and the issuing of	3466
registrations.	3467

(E) Upon the certification of the registrar, the county	3468
sheriff or local police officials shall recover license plates	3469
erroneously or fraudulently issued.	3470

(F) Each deputy registrar, upon receipt of any application	3471
for registration or registration renewal notice, together with the	3472
license fee and any local motor vehicle license tax levied	3473
pursuant to Chapter 4504. of the Revised Code, shall transmit that	3474
fee and tax, if any, in the manner provided in this section,	3475
together with the original and duplicate copy of the application,	3476
to the registrar. The registrar, subject to the approval of the	3477
director of public safety, may deposit the funds collected by	3478
those deputies in a local bank or depository to the credit of the	3479
"state of Ohio, bureau of motor vehicles." Where a local bank or	3480
depository has been designated by the registrar, each deputy	3481
registrar shall deposit all moneys collected by the deputy	3482
registrar into that bank or depository not more than one business	3483
day after their collection and shall make reports to the registrar	3484
of the amounts so deposited, together with any other information,	3485
some of which may be prescribed by the treasurer of state, as the	3486
registrar may require and as prescribed by the registrar by rule.	3487
The registrar, within three days after receipt of notification of	3488
the deposit of funds by a deputy registrar in a local bank or	3489
depository, shall draw on that account in favor of the treasurer	3490
of state. The registrar, subject to the approval of the director	3491
and the treasurer of state, may make reasonable rules necessary	3492
for the prompt transmittal of fees and for safeguarding the	3493
interests of the state and of counties, townships, municipal	3494
corporations, and transportation improvement districts levying	3495
local motor vehicle license taxes. The registrar may pay service	3496
charges usually collected by banks and depositories for such	3497
service. If deputy registrars are located in communities where	3498
banking facilities are not available, they shall transmit the fees	3499
forthwith, by money order or otherwise, as the registrar, by rule	3500
approved by the director and the treasurer of state, may	3501
prescribe. The registrar may pay the usual and customary fees for	3502
such service.	3503

(G) This section does not prevent any person from making an	3504
application for a motor vehicle license directly to the registrar	3505
by mail, by electronic means, or in person at any of the	3506
registrar's offices, upon payment of a service fee of ~~two dollars~~	3507
~~and seventy-five cents commencing on July 1, 2001, three dollars~~	3508
~~and twenty-five cents commencing on January 1, 2003, and~~ three	3509
dollars and fifty cents ~~commencing on January 1, 2004,~~ for each	3510
application.	3511

(H) No person shall make a false statement as to the district	3512
of registration in an application required by division (A) of this	3513
section. Violation of this division is falsification under section	3514
2921.13 of the Revised Code and punishable as specified in that	3515
section.	3516

(I)(1) Where applicable, the requirements of division (B) of	3517
this section relating to the presentation of an inspection	3518
certificate issued under section 3704.14 of the Revised Code and	3519
rules adopted under it for a motor vehicle, the refusal of a	3520
license for failure to present an inspection certificate, and the	3521
stamping of the inspection certificate by the official issuing the	3522
certificate of registration apply to the registration of and	3523
issuance of license plates for a motor vehicle under sections	3524
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	3525
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	3526
4503.47, and 4503.51 of the Revised Code.	3527

(2)(a) The registrar shall adopt rules ensuring that each	3528
owner registering a motor vehicle in a county where a motor	3529
vehicle inspection and maintenance program is in effect under	3530
section 3704.14 of the Revised Code and rules adopted under it	3531
receives information about the requirements established in that	3532
section and those rules and about the need in those counties to	3533
present an inspection certificate with an application for	3534
registration or preregistration.	3535

(b) Upon request, the registrar shall provide the director of	3536
environmental protection, or any person that has been awarded a	3537
contract under division (D) of section 3704.14 of the Revised	3538
Code, an on-line computer data link to registration information	3539
for all passenger cars, noncommercial motor vehicles, and	3540
commercial cars that are subject to that section. The registrar	3541
also shall provide to the director of environmental protection a	3542
magnetic data tape containing registration information regarding	3543
passenger cars, noncommercial motor vehicles, and commercial cars	3544
for which a multi-year registration is in effect under section	3545
4503.103 of the Revised Code or rules adopted under it, including,	3546
without limitation, the date of issuance of the multi-year	3547
registration, the registration deadline established under rules	3548
adopted under section 4503.101 of the Revised Code that was	3549
applicable in the year in which the multi-year registration was	3550
issued, and the registration deadline for renewal of the	3551
multi-year registration.	3552

(J) Application for registration under the international	3553
registration plan, as set forth in sections 4503.60 to 4503.66 of	3554
the Revised Code, shall be made to the registrar on forms	3555
furnished by the registrar. In accordance with international	3556
registration plan guidelines and pursuant to rules adopted by the	3557
registrar, the forms shall include the following:	3558

(1) A uniform mileage schedule;

3559

(2) The gross vehicle weight of the vehicle or combined gross	3560
vehicle weight of the combination vehicle as declared by the	3561
registrant;	3562

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

3563

Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles	3564
may adopt rules to permit any person or lessee, other than a	3565
person receiving an apportioned license plate under the	3566
international registration plan, who owns or leases one or more	3567
motor vehicles to file a written application for registration for	3568
no more than five succeeding registration years. The rules adopted	3569
by the registrar may designate the classes of motor vehicles that	3570
are eligible for such registration. At the time of application,	3571
all annual taxes and fees shall be paid for each year for which	3572
the person is registering.	3573

(ii) ~~The~~Not later than October 1, 2009, the registrar shall	3574
adopt rules to permit any person or lessee who owns or leases two	3575
or more trailers or semitrailers that are subject to the tax rates	3576
prescribed in section 4503.042 of the Revised Code for such	3577
trailers or semitrailers to file a written application for	3578
registration for not more than five succeeding registration years.	3579
At the time of application, all annual taxes and fees shall be	3580
paid for each year for which the person is registering.	3581

(b)(i) Except as provided in division (A)(1)(b)(ii) of this	3582
section, the registrar shall adopt rules to permit any person who	3583
owns a motor vehicle to file an application for registration for	3584
the next two succeeding registration years. At the time of	3585
application, the person shall pay the annual taxes and fees for	3586
each registration year, calculated in accordance with division (C)	3587
of section 4503.11 of the Revised Code. A person who is	3588
registering a vehicle under division (A)(1)(b) of this section	3589
shall pay for each year of registration the additional fee	3590
established under division (C)(1) of section 4503.10 of the	3591
Revised Code. The person shall also pay one and one-half times the	3592
amount of the deputy registrar service fee specified in division	3593
(D) of section 4503.10 of the Revised Code or the bureau of motor	3594
vehicles service fee specified in division (G) of that section, as	3595
applicable.	3596

(ii) Division (A)(1)(b)(i) of this section does not apply to	3597
a person receiving an apportioned license plate under the	3598
international registration plan, or the owner of a commercial car	3599
used solely in intrastate commerce, or the owner of a bus as	3600
defined in section 4513.50 of the Revised Code.	3601

(2) No person applying for a multi-year registration under	3602
division (A)(1) of this section is entitled to a refund of any	3603
taxes or fees paid.	3604

(3) The registrar shall not issue to any applicant who has	3605
been issued a final, nonappealable order under division (B) of	3606
this section a multi-year registration or renewal thereof under	3607
this division or rules adopted under it for any motor vehicle that	3608
is required to be inspected under section 3704.14 of the Revised	3609
Code the district of registration of which, as determined under	3610
section 4503.10 of the Revised Code, is or is located in the	3611
county named in the order.	3612

(B) Upon receipt from the director of environmental	3613
protection of a notice issued under rules adopted under section	3614
3704.14 of the Revised Code indicating that an owner of a motor	3615
vehicle that is required to be inspected under that section who	3616
obtained a multi-year registration for the vehicle under division	3617
(A) of this section or rules adopted under that division has not	3618
obtained a required inspection certificate for the vehicle, the	3619
registrar in accordance with Chapter 119. of the Revised Code	3620
shall issue an order to the owner impounding the certificate of	3621
registration and identification license plates for the vehicle.	3622
The order also shall prohibit the owner from obtaining or renewing	3623
a multi-year registration for any vehicle that is required to be	3624
inspected under that section, the district of registration of	3625
which is or is located in the same county as the county named in	3626
the order during the number of years after expiration of the	3627
current multi-year registration that equals the number of years	3628
for which the current multi-year registration was issued.	3629

An order issued under this division shall require the owner	3630
to surrender to the registrar the certificate of registration and	3631
license plates for the vehicle named in the order within five days	3632
after its issuance. If the owner fails to do so within that time,	3633
the registrar shall certify that fact to the county sheriff or	3634
local police officials who shall recover the certificate of	3635
registration and license plates for the vehicle.	3636

(C) Upon the occurrence of either of the following	3637
circumstances, the registrar in accordance with Chapter 119. of	3638
the Revised Code shall issue to the owner a modified order	3639
rescinding the provisions of the order issued under division (B)	3640
of this section impounding the certificate of registration and	3641
license plates for the vehicle named in that original order:	3642

(1) Receipt from the director of environmental protection of	3643
a subsequent notice under rules adopted under section 3704.14 of	3644
the Revised Code that the owner has obtained the inspection	3645
certificate for the vehicle as required under those rules;	3646

(2) Presentation to the registrar by the owner of the	3647
required inspection certificate for the vehicle.	3648

(D) The owner of a motor vehicle for which the certificate of	3649
registration and license plates have been impounded pursuant to an	3650
order issued under division (B) of this section, upon issuance of	3651
a modified order under division (C) of this section, may apply to	3652
the registrar for their return. A fee of two dollars and fifty	3653
cents shall be charged for the return of the certificate of	3654
registration and license plates for each vehicle named in the	3655
application.	3656

Sec. 4503.182. (A) A purchaser of a motor vehicle, upon	3657
application and proof of purchase of the vehicle, may be issued a	3658
temporary license placard or windshield sticker for the motor	3659
vehicle.	3660

The purchaser of a vehicle applying for a temporary license	3661
placard or windshield sticker under this section shall execute an	3662
affidavit stating that the purchaser has not been issued	3663
previously during the current registration year a license plate	3664
that could legally be transferred to the vehicle.	3665

Placards or windshield stickers shall be issued only for the	3666
applicant's use of the vehicle to enable the applicant to legally	3667
operate the motor vehicle while proper title, license plates, and	3668
a certificate of registration are being obtained, and shall be	3669
displayed on no other motor vehicle.	3670

Placards or windshield stickers issued under this section are	3671
valid for a period of thirty days from date of issuance and are	3672
not transferable or renewable.	3673

The fee for the placards or windshield stickers issued under	3674
this section is two dollars plus a service fee of ~~two dollars and~~	3675
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	3676
~~twenty-five cents commencing on January 1, 2003, and~~ three dollars	3677
and fifty cents ~~commencing on January 1, 2004~~.	3678

(B)(1) The registrar of motor vehicles may issue to a	3679
motorized bicycle dealer or a licensed motor vehicle dealer	3680
temporary license placards to be issued to purchasers for use on	3681
vehicles sold by the dealer, in accordance with rules prescribed	3682
by the registrar. The dealer shall notify the registrar, within	3683
forty-eight hours, of the issuance of a placard by electronic	3684
means via computer equipment purchased and maintained by the	3685
dealer or in any other manner prescribed by the registrar.	3686

(2) The fee for each placard issued by the registrar to a	3687
dealer is ~~seven~~twelve dollars, of which ~~five~~ten dollars shall be	3688
deposited and used in accordance with division (D) of this	3689
section. The registrar shall charge an additional three dollars	3690
and fifty cents for each placard issued to a dealer who notifies	3691
the registrar of the issuance of the placards in a manner other	3692
than by approved electronic means.	3693

(3) When a dealer issues a temporary license placard to a	3694
purchaser, the dealer shall collect and retain the fees	3695
established under divisions (A) and (D) of this section.	3696

(C) The registrar of motor vehicles, at the registrar's	3697
discretion, may issue a temporary license placard. Such a placard	3698
may be issued in the case of extreme hardship encountered by a	3699
citizen from this state or another state who has attempted to	3700
comply with all registration laws, but for extreme circumstances	3701
is unable to properly register the citizen's vehicle.	3702

(D) In addition to the fees charged under divisions (A) and	3703
(B) of this section, commencing on October 1, 2003, the registrar	3704
and each deputy registrar shall collect a fee of five dollars and	3705
commencing on October 1, 2009, a fee of ten dollars, for each	3706
temporary license placard issued. The additional fee is for the	3707
purpose of defraying the department of public safety's costs	3708
associated with the administration and enforcement of the motor	3709
vehicle and traffic laws of Ohio. Each deputy registrar shall	3710
transmit the fees collected under this division in the same manner	3711
as provided for transmission of fees collected under division (A)	3712
of this section. The registrar shall deposit all moneys received	3713
under this division into the state highway safety fund established	3714
in section 4501.06 of the Revised Code.	3715

(E) The registrar shall adopt rules, in accordance with	3716
division (B) of section 111.15 of the Revised Code, to specify the	3717
procedures for reporting the information from applications for	3718
temporary license placards and windshield stickers and for	3719
providing the information from these applications to law	3720
enforcement agencies.	3721

(F) Temporary license placards issued under this section	3722
shall bear a distinctive combination of seven letters, numerals,	3723
or letters and numerals, and shall incorporate a security feature	3724
that, to the greatest degree possible, prevents tampering with any	3725
of the information that is entered upon a placard when it is	3726
issued.	3727

(G) Whoever violates division (A) of this section is guilty	3728
of a misdemeanor of the fourth degree. Whoever violates division	3729
(B) of this section is guilty of a misdemeanor of the first	3730
degree.	3731

(H) As used in this section, "motorized bicycle dealer" means	3732
any person engaged in the business of selling at retail,	3733
displaying, offering for sale, or dealing in motorized bicycles	3734
who is not subject to section 4503.09 of the Revised Code.	3735

Sec. 4503.26. (A) As used in this section, "registration	3736
information" means information in license plate applications on	3737
file with the bureau of motor vehicles.	3738

(B) The director of public safety may advertise for and	3739
accept sealed bids for the preparation of lists containing	3740
registration information in such form as the director authorizes.	3741
Where the expenditure is more than five hundred dollars, the	3742
director shall give notice to bidders as provided in section	3743
5513.01 of the Revised Code as for purchases by the department of	3744
transportation. The notice shall include the latest date, as	3745
determined by the director, on which bids will be accepted and the	3746
date, also determined by the director, on which bids will be	3747
opened by the director at the central office of the department of	3748
public safety. The contract to prepare the list shall be awarded	3749
to the lowest responsive and responsible bidder, in accordance	3750
with section 9.312 of the Revised Code, provided there is	3751
compliance with the specifications. Such contract shall not extend	3752
beyond twenty-four consecutive registration periods as provided in	3753
section 4503.101 of the Revised Code. The successful bidder shall	3754
furnish without charge a complete list to the bureau of motor	3755
vehicles, and shall also furnish without charge to the county	3756
sheriffs or chiefs of police in cities, at such times and in such	3757
manner as the director determines necessary, lists of registration	3758
information for the county in which they are situated. The	3759
registrar shall provide to the successful bidder all necessary	3760
information for the preparation of such lists.	3761

The registrar ~~may~~, upon application of any person and payment	3762
of the proper fee, may search the records of the bureau and ~~make~~	3763
furnish reports ~~thereof, and make photographic copies~~ of ~~the~~	3764
~~bureau~~those records ~~and attestations thereof~~under the signature	3765
of the registrar.	3766

~~Fees therefor are as follows:~~

3767

~~(A) For searches~~(C) A fee of eight dollars shall be charged	3768
and collected for each search of the records and ~~written reports~~	3769
~~thereof, two dollars for each name, number, or fact searched or~~	3770
~~reported on;~~	3771

~~(B) For photographic copies of records and attestations~~	3772
~~thereof,~~report of those records furnished under the signature and	3773
seal of the registrar~~, two dollars a copy~~. ~~Such~~A copy of any such	3774
report is prima-facie evidence of the facts therein stated, in any	3775
court.	3776

The registrar shall receive these fees and deposit ~~them~~two	3777
dollars of each such fee into the state treasury to the credit of	3778
the state bureau of motor vehicles fund established in section	3779
4501.25 of the Revised Code. Of the remaining six dollars of each	3780
such fee the registrar collects, the registrar shall deposit one	3781
dollar and twenty-five cents into the state treasury to the credit	3782
of the trauma and emergency medical services fund established in	3783
section 4513.263 of the Revised Code, one dollar and twenty-five	3784
cents into the state treasury to the credit of the homeland	3785
security fund established under section 5502.03 of the Revised	3786
Code, seventy-five cents into the state treasury to the credit of	3787
the investigations fund established in section 5502.131 of the	3788
Revised Code, two dollars and twenty-five cents into the state	3789
treasury to the credit of the emergency management agency service	3790
and reimbursement fund established in section 5502.39 of the	3791
Revised Code, and fifty cents into the state treasury to the	3792
credit of the justice program services fund established in section	3793
5502.67 of the Revised Code.	3794

Sec. 4503.65. The registrar of motor vehicles shall take all	3795
steps necessary to determine and collect~~, at the tax rates~~	3796
~~established under section 4503.042 of the Revised Code,~~ the	3797
apportioned registration tax due for vehicles registered in	3798
another international registration plan jurisdiction that lists	3799
Ohio for apportionment purposes on a uniform mileage schedule. The	3800
registration taxes to be charged shall be determined on the basis	3801
of the annual tax otherwise due on the motor vehicle, prorated in	3802
accordance with the number of months for which the motor vehicle	3803
is registered. Until October 1, 2009, such vehicles shall be taxed	3804
at the rates established under section 4503.042 of the Revised	3805
Code. The rates in this section become effective on and after	3806
October 1, 2009.	3807

(A) The rates of the taxes imposed by this section are as	3808
follows for commercial cars having a gross vehicle weight or	3809
combined gross vehicle weight of:	3810

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

3811

(2) More than two thousand but not more than six thousand	3812
pounds, seventy-two dollars;	3813

(3) More than six thousand but not more than ten thousand	3814
pounds, eighty-eight dollars;	3815

(4) More than ten thousand but not more than fourteen	3816
thousand pounds, one hundred eight dollars;	3817

(5) More than fourteen thousand but not more than eighteen	3818
thousand pounds, one hundred twenty-nine dollars;	3819

(6) More than eighteen thousand but not more than twenty-two	3820
thousand pounds, one hundred fifty-four dollars;	3821

(7) More than twenty-two thousand but not more than	3822
twenty-six thousand pounds, one hundred eighty dollars;	3823

(8) More than twenty-six thousand but not more than thirty	3824
thousand pounds, three hundred sixty-four dollars;	3825

(9) More than thirty thousand but not more than thirty-four	3826
thousand pounds, four hundred thirty-one dollars;	3827

(10) More than thirty-four thousand but not more than	3828
thirty-eight thousand pounds, four hundred ninety-two dollars;	3829

(11) More than thirty-eight thousand but not more than	3830
forty-two thousand pounds, five hundred fifty-four dollars;	3831

(12) More than forty-two thousand but not more than forty-six	3832
thousand pounds, six hundred fifteen dollars;	3833

(13) More than forty-six thousand but not more than fifty	3834
thousand pounds, six hundred seventy-seven dollars;	3835

(14) More than fifty thousand but not more than fifty-four	3836
thousand pounds, seven hundred forty-four dollars;	3837

(15) More than fifty-four thousand but not more than	3838
fifty-eight thousand pounds, eight hundred five dollars;	3839

(16) More than fifty-eight thousand but not more than	3840
sixty-two thousand pounds, eight hundred seventy-seven dollars;	3841

(17) More than sixty-two thousand but not more than sixty-six	3842
thousand pounds, nine hundred forty-nine dollars;	3843

(18) More than sixty-six thousand but not more than seventy	3844
thousand pounds, one thousand twenty dollars;	3845

(19) More than seventy thousand but not more than	3846
seventy-four thousand pounds, one thousand one hundred seven	3847
dollars;	3848

(20) More than seventy-four thousand but not more than	3849
seventy-eight thousand pounds, one thousand two hundred thirty	3850
dollars;	3851

(21) More than seventy-eight thousand pounds, one thousand	3852
three hundred seventy-three dollars and fifty cents.	3853

(B) The rates of the taxes imposed by this section are as	3854
follows for buses having a gross vehicle weight or combined gross	3855
vehicle weight of:	3856

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

3857

(2) More than two thousand but not more than six thousand	3858
pounds, forty-one dollars;	3859

(3) More than six thousand but not more than ten thousand	3860
pounds, one hundred three dollars;	3861

(4) More than ten thousand but not more than fourteen	3862
thousand pounds, one hundred eighty-five dollars;	3863

(5) More than fourteen thousand but not more than eighteen	3864
thousand pounds, two hundred sixty-seven dollars;	3865

(6) More than eighteen thousand but not more than twenty-two	3866
thousand pounds, three hundred forty-nine dollars;	3867

(7) More than twenty-two thousand but not more than	3868
twenty-six thousand pounds, four hundred thirty-one dollars;	3869

(8) More than twenty-six thousand but not more than thirty	3870
thousand pounds, five hundred thirteen dollars;	3871

(9) More than thirty thousand but not more than thirty-four	3872
thousand pounds, five hundred ninety-five dollars;	3873

(10) More than thirty-four thousand but not more than	3874
thirty-eight thousand pounds, six hundred seventy-seven dollars;	3875

(11) More than thirty-eight thousand but not more than	3876
forty-two thousand pounds, seven hundred fifty-nine dollars;	3877

(12) More than forty-two thousand but not more than forty-six	3878
thousand pounds, eight hundred forty dollars and twenty-five	3879
cents;	3880

(13) More than forty-six thousand but not more than fifty	3881
thousand pounds, nine hundred sixty dollars and twenty-five cents;	3882

(14) More than fifty thousand but not more than fifty-four	3883
thousand pounds, one thousand twenty dollars and twenty-five	3884
cents;	3885

(15) More than fifty-four thousand but not more than	3886
fifty-eight thousand pounds, one thousand one hundred ten dollars	3887
and twenty-five cents;	3888

(16) More than fifty-eight thousand but not more than	3889
sixty-two thousand pounds, one thousand two hundred dollars and	3890
twenty-five cents;	3891

(17) More than sixty-two thousand but not more than sixty-six	3892
thousand pounds, one thousand two hundred ninety dollars and	3893
twenty-five cents;	3894

(18) More than sixty-six thousand but not more than seventy	3895
thousand pounds, one thousand three hundred eighty dollars and	3896
twenty-five cents;	3897

(19) More than seventy thousand but not more than	3898
seventy-four thousand pounds, one thousand four hundred seventy	3899
dollars and twenty-five cents;	3900

(20) More than seventy-four thousand but not more than	3901
seventy-eight thousand pounds, one thousand five hundred sixty	3902
dollars and twenty-five cents;	3903

(21) More than seventy-eight thousand pounds, one thousand	3904
six hundred fifty dollars and twenty-five cents.	3905

Sec. 4505.032. (A)(1) If a person who is not an electronic	3906
motor vehicle dealer owns a motor vehicle for which a physical	3907
certificate of title has not been issued by a clerk of a court of	3908
common pleas and the person sells the motor vehicle to a motor	3909
vehicle dealer licensed under Chapter 4517. of the Revised Code,	3910
the person is not required to obtain a physical certificate of	3911
title to the motor vehicle in order to transfer ownership to the	3912
dealer. The person shall present the dealer, in a manner approved	3913
by the registrar of motor vehicles, with sufficient proof of the	3914
person's identity and complete and sign a form prescribed by the	3915
registrar attesting to the person's identity and assigning the	3916
motor vehicle to the dealer. Except as otherwise provided in this	3917
section, the motor vehicle dealer shall present the assignment	3918
form to any clerk of a court of common pleas together with an	3919
application for a certificate of title and payment of the fees	3920
prescribed by section 4505.09 of the Revised Code.	3921

In a case in which an electronic certificate of title has	3922
been issued and either the buyer or seller of the motor vehicle is	3923
an electronic motor vehicle dealer, the electronic motor vehicle	3924
dealer instead may inform a clerk of a court of common pleas via	3925
electronic means of the sale of the motor vehicle and assignment	3926
of ownership of the vehicle. The clerk shall enter the information	3927
relating to the assignment, including, but not limited to, the	3928
odometer disclosure statement required by section 4505.06 of the	3929
Revised Code, into the automated title processing system, and	3930
ownership of the vehicle passes to the applicant when the clerk	3931
enters this information into the system. The dealer is not	3932
required to obtain a physical certificate of title to the vehicle	3933
in the dealer's name.	3934

(2) A(a) Except as provided in division (A)(2)(b) of this	3935
section, a clerk shall charge and collect from a dealer a fee of	3936
~~five~~fifteen dollars for each motor vehicle assignment sent by the	3937
dealer to the clerk under division (A)(1) of this section.	3938

(b) A clerk shall charge and collect from the dealer a fee of	3939
five dollars for each motor vehicle assignment sent by the dealer	3940
to the clerk for resale purposes.	3941

(3) The ~~fee~~fees shall be distributed in accordance with	3942
section 4505.09 of the Revised Code.	3943

(B) If a person who is not an electronic motor vehicle dealer	3944
owns a motor vehicle for which a physical certificate of title has	3945
not been issued by a clerk of a court of common pleas and the	3946
person sells the motor vehicle to a person who is not a motor	3947
vehicle dealer licensed under Chapter 4517. of the Revised Code,	3948
the person shall obtain a physical certificate of title to the	3949
motor vehicle in order to transfer ownership of the vehicle to	3950
that person.	3951

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	3952
shall charge ~~a fee of five~~and retain fees as follows:	3953

(a) Five dollars for each certificate of title that is not	3954
applied for within thirty days after the later of the assignment	3955
or delivery of the motor vehicle described in it. The ~~fees~~entire	3956
fee shall be retained by the clerk.	3957

~~In addition to those fees, the clerk shall charge a fee of~~	3958
~~five~~(b) Fifteen dollars for each certificate of title,or	3959
duplicate certificate of title,including the issuance of a	3960
memorandum certificate of title, or authorization to print a	3961
non-negotiable evidence of ownership described in division (G) of	3962
section 4505.08 of the Revised Code, non-negotiable evidence of	3963
ownership printed by the clerk under division (H) of that section,	3964
and notation of any lien on a certificate of title that is applied	3965
for at the same time as the certificate of title. The clerk shall	3966
retain ~~two~~eleven dollars and ~~twenty-five~~fifty cents of ~~the~~that	3967
fee ~~charged for each certificate of title, four dollars and~~	3968
~~seventy-five cents of the fee charged for each duplicate~~	3969
~~certificate of title, all of the fees charged for each memorandum~~	3970
~~certificate, authorization to print a non-negotiable evidence of~~	3971
~~ownership, or non-negotiable evidence of ownership printed by the~~	3972
~~clerk, and four dollars and twenty-five cents of the fee charged~~	3973
~~for each notation of a lien~~.	3974

(c) Five dollars for each certificate of title with no	3975
security interest noted that is issued to a licensed motor vehicle	3976
dealer for resale purposes. The clerk shall retain two dollars and	3977
twenty-five cents of that fee.	3978

(d) Five dollars for each memorandum certificate of title or	3979
non-negotiable evidence of ownership that is applied for	3980
separately. The clerk shall retain that entire fee.	3981

(2) The ~~remaining two dollars and seventy-five cents charged~~	3982
~~for the certificate of title, the remaining twenty-five cents~~	3983
~~charged for the duplicate certificate of title, and the remaining~~	3984
~~seventy-five cents charged for the notation of any lien on a~~	3985
~~certificate of title~~fees that are not retained by the clerk shall	3986
be paid to the registrar of motor vehicles by monthly returns,	3987
which shall be forwarded to the registrar not later than the fifth	3988
day of the month next succeeding that in which the certificate is	3989
issued or that in which the registrar is notified of a lien or	3990
cancellation of a lien.	3991

(B)(1) The registrar shall pay twenty-five cents of the	3992
amount received for each certificate of title ~~and all of the~~	3993
~~amounts received for each notation of any lien and each duplicate~~	3994
~~certificate~~issued to a motor vehicle dealer for resale and one	3995
dollar for all other certificates of title issued into the state	3996
bureau of motor vehicles fund established in section 4501.25 of	3997
the Revised Code.	3998

(2) Fifty cents of the amount received for each certificate	3999
of title shall be paid by the registrar as follows:	4000

(a) Four cents shall be paid into the state treasury to the	4001
credit of the motor vehicle dealers board fund, which is hereby	4002
created. All investment earnings of the fund shall be credited to	4003
the fund. The moneys in the motor vehicle dealers board fund shall	4004
be used by the motor vehicle dealers board created under section	4005
4517.30 of the Revised Code, together with other moneys	4006
appropriated to it, in the exercise of its powers and the	4007
performance of its duties under Chapter 4517. of the Revised Code,	4008
except that the director of budget and management may transfer	4009
excess money from the motor vehicle dealers board fund to the	4010
bureau of motor vehicles fund if the registrar determines that the	4011
amount of money in the motor vehicle dealers board fund, together	4012
with other moneys appropriated to the board, exceeds the amount	4013
required for the exercise of its powers and the performance of its	4014
duties under Chapter 4517. of the Revised Code and requests the	4015
director to make the transfer.	4016

(b) Twenty-one cents shall be paid into the highway operating	4017
fund.	4018

(c) Twenty-five cents shall be paid into the state treasury	4019
to the credit of the motor vehicle sales audit fund, which is	4020
hereby created. The moneys in the fund shall be used by the tax	4021
commissioner together with other funds available to the	4022
commissioner to conduct a continuing investigation of sales and	4023
use tax returns filed for motor vehicles in order to determine if	4024
sales and use tax liability has been satisfied. The commissioner	4025
shall refer cases of apparent violations of section 2921.13 of the	4026
Revised Code made in connection with the titling or sale of a	4027
motor vehicle and cases of any other apparent violations of the	4028
sales or use tax law to the appropriate county prosecutor whenever	4029
the commissioner considers it advisable.	4030

(3) Two dollars of the amount received by the registrar for	4031
each certificate of title shall be paid into the state treasury to	4032
the credit of the automated title processing fund, which is hereby	4033
created and which shall consist of moneys collected under division	4034
(B)(3) of this section and under sections 1548.10 and 4519.59 of	4035
the Revised Code. All investment earnings of the fund shall be	4036
credited to the fund. The moneys in the fund shall be used as	4037
follows:	4038

(a) Except for moneys collected under section 1548.10 of the	4039
Revised Code and as provided in division (B)(3)(c) of this	4040
section, moneys collected under division (B)(3) of this section	4041
shall be used to implement and maintain an automated title	4042
processing system for the issuance of motor vehicle, off-highway	4043
motorcycle, and all-purpose vehicle certificates of title in the	4044
offices of the clerks of the courts of common pleas.	4045

(b) Moneys collected under section 1548.10 of the Revised	4046
Code shall be used to issue marine certificates of title in the	4047
offices of the clerks of the courts of common pleas as provided in	4048
Chapter 1548. of the Revised Code.	4049

(c) Moneys collected under division (B)(3) of this section	4050
shall be used in accordance with section 4505.25 of the Revised	4051
Code to implement Sub. S.B. 59 of the 124th general assembly.	4052

(C)(1) The automated title processing board is hereby	4053
created consisting of the registrar or the registrar's	4054
representative, a person selected by the registrar, the president	4055
of the Ohio clerks of court association or the president's	4056
representative, and two clerks of courts of common pleas	4057
appointed by the governor. The director of budget and management	4058
or the director's designee, the chief of the division of	4059
watercraft in the department of natural resources or the chief's	4060
designee, and the tax commissioner or the commissioner's designee	4061
shall be nonvoting members of the board. The purpose of the board	4062
is to facilitate the operation and maintenance of an automated	4063
title processing system and approve the procurement of automated	4064
title processing system equipment. Voting members of the board,	4065
excluding the registrar or the registrar's representative, shall	4066
serve without compensation, but shall be reimbursed for travel	4067
and other necessary expenses incurred in the conduct of their	4068
official duties. The registrar or the registrar's representative	4069
shall receive neither compensation nor reimbursement as a board	4070
member.	4071

(2) The automated title processing board shall determine each	4072
of the following:	4073

(a) The automated title processing equipment and certificates	4074
of title requirements for each county;	4075

(b) The payment of expenses that may be incurred by the	4076
counties in implementing an automated title processing system;	4077

(c) The repayment to the counties for existing title	4078
processing equipment.	4079

(3) The registrar shall purchase, lease, or otherwise acquire	4080
any automated title processing equipment and certificates of title	4081
that the board determines are necessary from moneys in the	4082
automated title processing fund established by division (B)(3) of	4083
this section.	4084

(D) All counties shall conform to the requirements of the	4085
registrar regarding the operation of their automated title	4086
processing system for motor vehicle titles, certificates of title	4087
for off-highway motorcycles and all-purpose vehicles, and	4088
certificates of title for watercraft and outboard motors.	4089

Sec. 4505.14. (A) The registrar of motor vehicles, or the	4090
clerk of the court of common pleas, upon the application of any	4091
person and payment of the proper ~~fees~~fee, may prepare and furnish	4092
lists containing title information in such form and subject to	4093
such territorial division or other classification as they may	4094
direct. The registrar or the clerk may search the records of the	4095
bureau of motor vehicles and ~~the clerk and make~~furnish reports	4096
~~thereof, and make copies~~ of ~~their title information and~~	4097
~~attestations thereof~~those records under the signature of the	4098
registrar or the clerk.	4099

(B)(1) Fees ~~therefor~~for lists containing title information	4100
shall be charged and collected as follows:	4101

~~(A)~~(a) For lists containing three thousand titles or more,	4102
twenty-five dollars per thousand or part thereof.;	4103

~~(B)~~(b) For ~~searches~~each report of a search of the records	4104
~~and written reports thereof, two dollars for~~ ~~each name, number,~~	4105
~~or fact searched or reported on.~~	4106

~~(C) For copies of records and attestations thereof~~, two	4107
dollars per copy except that on and after October 1, 2009, the	4108
fee shall be eight dollars per copy. The registrar and the clerk	4109
may certify copies of records generated by an automated title	4110
processing system.	4111

~~Such copies~~(2) A copy of any such report shall be taken as	4112
prima-facie evidence of the facts therein stated, in any court of	4113
the state. The registrar and the clerk shall furnish information	4114
on any title without charge to the state highway patrol, sheriffs,	4115
chiefs of police, or the attorney general. The clerk also may	4116
provide a copy of a certificate of title to a public agency	4117
without charge.	4118

(C)(1) Those fees collected by the registrar as provided in	4119
division (B)(1)(a) of this section shall be paid to the treasurer	4120
of state to the credit of the state bureau of motor vehicles fund	4121
established in section 4501.25 of the Revised Code. Those fees	4122
collected by the clerk as provided in division (B)(1)(a) of this	4123
section shall be paid to the certificate of title administration	4124
fund created by section 325.33 of the Revised Code.	4125

(2) Prior to October 1, 2009, the registrar shall pay those	4126
fees the registrar collects under division (B)(1)(b) of this	4127
section into the state treasury to the credit of the state bureau	4128
of motor vehicles fund established in section 4501.25 of the	4129
Revised Code. Prior to October 1, 2009, the clerk shall pay those	4130
fees the clerk collects under division (B)(1)(b) of this section	4131
to the certificate of title administration fund created by section	4132
325.33 of the Revised Code.	4133

(3) On and after October 1, 2009, the registrar shall pay two	4134
dollars of each fee the registrar collects under division	4135
(B)(1)(b) of this section into the state treasury to the credit of	4136
the state bureau of motor vehicles fund established in section	4137
4501.25 of the Revised Code. Of the remaining six dollars of each	4138
such fee the registrar collects, the registrar shall deposit one	4139
dollar and twenty-five cents into the state treasury to the credit	4140
of the trauma and emergency medical services fund established in	4141
section 4513.263 of the Revised Code, one dollar and twenty-five	4142
cents into the state treasury to the credit of the homeland	4143
security fund established under section 5502.03 of the Revised	4144
Code, seventy-five cents into the state treasury to the credit of	4145
the investigations fund established in section 5502.131 of the	4146
Revised Code, two dollars and twenty-five cents into the state	4147
treasury to the credit of the emergency management agency service	4148
and reimbursement fund established in section 5502.39 of the	4149
Revised Code, and fifty cents into the state treasury to the	4150
credit of the justice program services fund established in section	4151
5502.67 of the Revised Code.	4152

(4) On and after October 1, 2009, the clerk of the court of	4153
common pleas shall retain two dollars of each fee the clerk	4154
collects under division (B)(1)(b) of this section and deposit that	4155
two dollars into the certificate of title administration fund	4156
created by section 325.33 of the Revised Code. The clerk shall	4157
forward the remaining six dollars to the registrar not later than	4158
the fifth day of the month next succeeding that in which the	4159
transaction occurred. Of that remaining six dollars, the registrar	4160
shall deposit one dollar and twenty-five cents into the state	4161
treasury to the credit of the trauma and emergency medical	4162
services fund established in section 4513.263 of the Revised Code,	4163
one dollar and twenty-five cents into the state treasury to the	4164
credit of the homeland security fund established under section	4165
5502.03 of the Revised Code, seventy-five cents into the state	4166
treasury to the credit of the investigations fund established in	4167
section 5502.131 of the Revised Code, two dollars and twenty-five	4168
cents into the state treasury to the credit of the emergency	4169
management agency service and reimbursement fund established in	4170
section 5502.39 of the Revised Code, and fifty cents into the	4171
state treasury to the credit of the justice program services fund	4172
established in section 5502.67 of the Revised Code.	4173

Sec. 4506.07. (A) Every application for a commercial	4174
driver's license, restricted commercial driver's license, or a	4175
commercial driver's temporary instruction permit, or a duplicate	4176
of such a license, shall be made upon a form approved and	4177
furnished by the registrar of motor vehicles. Except as provided	4178
in section 4506.24 of the Revised Code in regard to a restricted	4179
commercial driver's license, the application shall be signed by	4180
the applicant and shall contain the following information:	4181

(1) The applicant's name, date of birth, social security	4182
account number, sex, general description including height, weight,	4183
and color of hair and eyes, current residence, duration of	4184
residence in this state, country of citizenship, and occupation;	4185

(2) Whether the applicant previously has been licensed to	4186
operate a commercial motor vehicle or any other type of motor	4187
vehicle in another state or a foreign jurisdiction and, if so,	4188
when, by what state, and whether the license or driving privileges	4189
currently are suspended or revoked in any jurisdiction, or the	4190
applicant otherwise has been disqualified from operating a	4191
commercial motor vehicle, or is subject to an out-of-service order	4192
issued under this chapter or any similar law of another state or a	4193
foreign jurisdiction and, if so, the date of, locations involved,	4194
and reason for the suspension, revocation, disqualification, or	4195
out-of-service order;	4196

(3) Whether the applicant is afflicted with or suffering from	4197
any physical or mental disability or disease that prevents the	4198
applicant from exercising reasonable and ordinary control over a	4199
motor vehicle while operating it upon a highway or is or has been	4200
subject to any condition resulting in episodic impairment of	4201
consciousness or loss of muscular control and, if so, the nature	4202
and extent of the disability, disease, or condition, and the names	4203
and addresses of the physicians attending the applicant;	4204

(4) Whether the applicant has obtained a medical examiner's	4205
certificate as required by this chapter;	4206

(5) Whether the applicant has pending a citation for	4207
violation of any motor vehicle law or ordinance except a parking	4208
violation and, if so, a description of the citation, the court	4209
having jurisdiction of the offense, and the date when the offense	4210
occurred;	4211

(6) Whether the applicant wishes to certify willingness to	4212
make an anatomical gift under section 2108.05 of the Revised Code,	4213
which shall be given no consideration in the issuance of a	4214
license;	4215

(7) On and after May 1, 1993, whether the applicant has	4216
executed a valid durable power of attorney for health care	4217
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	4218
executed a declaration governing the use or continuation, or the	4219
withholding or withdrawal, of life-sustaining treatment pursuant	4220
to sections 2133.01 to 2133.15 of the Revised Code and, if the	4221
applicant has executed either type of instrument, whether the	4222
applicant wishes the license issued to indicate that the applicant	4223
has executed the instrument;	4224

(8) On and after ~~the date that is fifteen months after the~~	4225
~~effective date of this amendment~~October 7, 2009, whether the	4226
applicant is ~~an honorably discharged~~a veteran, active duty, or	4227
reservist of the armed forces of the United States and, if the	4228
applicant is such ~~an honorably discharged veteran~~, whether the	4229
applicant wishes the license issued to indicate that the	4230
applicant is ~~an honorably discharged~~a veteran, active duty, or	4231
reservist of the armed forces of the United States by a military	4232
designation on the license.	4233

(B) Every applicant shall certify, on a form approved and	4234
furnished by the registrar, all of the following:	4235

(1) That the motor vehicle in which the applicant intends to	4236
take the driving skills test is representative of the type of	4237
motor vehicle that the applicant expects to operate as a driver;	4238

(2) That the applicant is not subject to any disqualification	4239
or out-of-service order, or license suspension, revocation, or	4240
cancellation, under the laws of this state, of another state, or	4241
of a foreign jurisdiction and does not have more than one driver's	4242
license issued by this or another state or a foreign jurisdiction;	4243

(3) Any additional information, certification, or evidence	4244
that the registrar requires by rule in order to ensure that the	4245
issuance of a commercial driver's license to the applicant is in	4246
compliance with the law of this state and with federal law.	4247

(C) Every applicant shall execute a form, approved and	4248
furnished by the registrar, under which the applicant consents to	4249
the release by the registrar of information from the applicant's	4250
driving record.	4251

(D) The registrar or a deputy registrar, in accordance with	4252
section 3503.11 of the Revised Code, shall register as an elector	4253
any applicant for a commercial driver's license or for a renewal	4254
or duplicate of such a license under this chapter, if the	4255
applicant is eligible and wishes to be registered as an elector.	4256
The decision of an applicant whether to register as an elector	4257
shall be given no consideration in the decision of whether to	4258
issue the applicant a license or a renewal or duplicate.	4259

(E) The registrar or a deputy registrar, in accordance with	4260
section 3503.11 of the Revised Code, shall offer the opportunity	4261
of completing a notice of change of residence or change of name to	4262
any applicant for a commercial driver's license or for a renewal	4263
or duplicate of such a license who is a resident of this state, if	4264
the applicant is a registered elector who has changed the	4265
applicant's residence or name and has not filed such a notice.	4266

(F) In considering any application submitted pursuant to this	4267
section, the bureau of motor vehicles may conduct any inquiries	4268
necessary to ensure that issuance or renewal of a commercial	4269
driver's license would not violate any provision of the Revised	4270
Code or federal law.	4271

(G) In addition to any other information it contains, on and	4272
after ~~the date that is fifteen months after the effective date of~~	4273
~~this amendment~~October 7, 2009, the form approved and furnished	4274
by the registrar of motor vehicles for an application for a	4275
commercial driver's license, restricted commercial driver's	4276
license, or a commercial driver's temporary instruction permit	4277
or an application for a duplicate of such a license shall inform	4278
applicants that the applicant must present a copy of the	4279
applicant's DD-214 or an equivalent document in order to qualify	4280
to have the license or duplicate indicate that the applicant is	4281
~~an honorably discharged~~a veteran, active duty, or reservist of	4282
the armed forces of the United States based on a request made	4283
pursuant to division (A)(8) of this section.	4284

Sec. 4506.08. (A)(1) Each application for a commercial	4285
driver's license temporary instruction permit shall be accompanied	4286
by a fee of ten dollars. Each application for a commercial	4287
driver's license, restricted commercial driver's license, renewal	4288
of such a license, or waiver for farm-related service industries	4289
shall be accompanied by a fee of twenty-five dollars, except that	4290
an application for a commercial driver's license or restricted	4291
commercial driver's license received pursuant to division (A)(3)	4292
of section 4506.14 of the Revised Code shall be accompanied by a	4293
fee of eighteen dollars and seventy-five cents if the license will	4294
expire on the licensee's birthday three years after the date of	4295
issuance, a fee of twelve dollars and fifty cents if the license	4296
will expire on the licensee's birthday two years after the date of	4297
issuance, and a fee of six dollars and twenty-five cents if the	4298
license will expire on the licensee's birthday one year after the	4299
date of issuance. Each application for a duplicate commercial	4300
driver's license shall be accompanied by a fee of ten dollars.	4301

(2) In addition, the registrar of motor vehicles or deputy	4302
registrar may collect and retain an additional fee of no more than	4303
~~two dollars and seventy-five cents commencing on July 1, 2001,~~	4304
~~three dollars and twenty-five cents commencing on January 1, 2003,~~	4305
~~and~~ three dollars and fifty cents ~~commencing on January 1, 2004,~~	4306
for each application for a commercial driver's license temporary	4307
instruction permit, commercial driver's license, renewal of a	4308
commercial driver's license, or duplicate commercial driver's	4309
license received by the registrar or deputy.	4310

(B) ~~Each deputy registrar shall transmit the fees collected~~	4311
~~under division (A)(1) of this section to the registrar at the time~~	4312
~~and in the manner prescribed by the registrar by rule. The~~	4313
~~registrar shall pay the fees into the state highway safety fund~~	4314
~~established in section 4501.06 of the Revised Code.~~	4315

~~(C)~~ In addition to the fees imposed under division (A) of	4316
this section, the registrar of motor vehicles or deputy registrar	4317
shall collect a fee of twelve dollars ~~commencing on October 1,~~	4318
~~2003,~~ for each application for a commercial driver's license	4319
temporary instruction permit, commercial driver's license, or	4320
duplicate commercial driver's license and for each application for	4321
renewal of a commercial driver's license ~~with an expiration date~~	4322
~~on or after that date received by the registrar or deputy~~	4323
~~registrar~~. The additional fee is for the purpose of defraying the	4324
department of public safety's costs associated with the	4325
administration and enforcement of the motor vehicle and traffic	4326
laws of Ohio. ~~Each~~	4327

(C) Commencing on October 1, 2009, if an application for a	4328
commercial driver's license made by a person who previously held	4329
such a license is not applied for within the period specified in	4330
section 4506.14 of the Revised Code, the registrar or deputy	4331
registrar shall collect a fee of ten dollars for the issuance of	4332
the commercial driver's license, but may waive the fee for good	4333
cause shown if the application is accompanied by supporting	4334
evidence as the registrar may require. The fee is in addition to	4335
all other fees established by this section. A deputy registrar	4336
shall retain fifty cents of the fee and shall transmit the	4337
remaining amount in accordance with division (D) of this section.	4338

(D) Each deputy registrar shall transmit the fees collected	4339
under ~~division~~divisions (A)(1), (B), and (C) of this section in	4340
the time and manner prescribed by the registrar. The registrar	4341
shall deposit all moneys received under division ~~(C)~~(D) of this	4342
section into the state highway safety fund established in section	4343
4501.06 of the Revised Code.	4344

~~(D)~~(E) Information regarding the driving record of any person	4345
holding a commercial driver's license issued by this state shall	4346
be furnished by the registrar, upon request and payment of a fee	4347
of ~~two~~eight dollars, to the employer or prospective employer of	4348
such a person and to any insurer.	4349

Of each eight-dollar fee the registrar collects under this	4350
division, the registrar shall pay two dollars into the state	4351
treasury to the credit of the state bureau of motor vehicles fund	4352
established in section 4501.25 of the Revised Code, one dollar and	4353
twenty-five cents into the state treasury to the credit of the	4354
trauma and emergency medical services fund established in section	4355
4513.263 of the Revised Code, one dollar and twenty-five cents	4356
into the state treasury to the credit of the homeland security	4357
fund established in section 5502.03 of the Revised Code,	4358
seventy-five cents into the state treasury to the credit of the	4359
investigations fund established in section 5502.131 of the Revised	4360
Code, two dollars and twenty-five cents into the state treasury to	4361
the credit of the emergency management agency service and	4362
reimbursement fund established in section 5502.39 of the Revised	4363
Code, and fifty cents into the state treasury to the credit of the	4364
justice program services fund established in section 5502.67 of	4365
the Revised Code.	4366

Sec. 4506.11. (A) Every commercial driver's license shall be	4367
marked "commercial driver's license" or "CDL" and shall be of such	4368
material and so designed as to prevent its reproduction or	4369
alteration without ready detection, and, to this end, shall be	4370
laminated with a transparent plastic material. The commercial	4371
driver's license for licensees under twenty-one years of age shall	4372
have characteristics prescribed by the registrar of motor vehicles	4373
distinguishing it from that issued to a licensee who is twenty-one	4374
years of age or older. Every commercial driver's license shall	4375
display all of the following information:	4376

(1) The name and residence address of the licensee;

4377

(2) A color photograph of the licensee showing the licensee's	4378
uncovered face;	4379

(3) A physical description of the licensee, including sex,	4380
height, weight, and color of eyes and hair;	4381

(4) The licensee's date of birth;

4382

(5) The licensee's social security number if the person has	4383
requested that the number be displayed in accordance with section	4384
4501.31 of the Revised Code or if federal law requires the social	4385
security number to be displayed and any number or other identifier	4386
the director of public safety considers appropriate and	4387
establishes by rules adopted under Chapter 119. of the Revised	4388
Code and in compliance with federal law;	4389

(6) The licensee's signature;

4390

(7) The classes of commercial motor vehicles the licensee is	4391
authorized to drive and any endorsements or restrictions relating	4392
to the licensee's driving of those vehicles;	4393

(8) The name of this state;

4394

(9) The dates of issuance and of expiration of the license;

4395

(10) If the licensee has certified willingness to make an	4396
anatomical gift under section 2108.05 of the Revised Code, any	4397
symbol chosen by the registrar of motor vehicles to indicate that	4398
the licensee has certified that willingness;	4399

(11) If the licensee has executed a durable power of attorney	4400
for health care or a declaration governing the use or	4401
continuation, or the withholding or withdrawal, of life-sustaining	4402
treatment and has specified that the licensee wishes the license	4403
to indicate that the licensee has executed either type of	4404
instrument, any symbol chosen by the registrar to indicate that	4405
the licensee has executed either type of instrument;	4406

(12) On and after ~~the date that is fifteen months after the~~	4407
~~effective date of this amendment~~October 7, 2009, if the licensee	4408
has specified that the licensee wishes the license to indicate	4409
that the licensee is ~~an honorably discharged~~a veteran, active	4410
duty, or reservist of the armed forces of the United States and	4411
has presented a copy of the licensee's DD-214 form or an	4412
equivalent document, any symbol chosen by the registrar to	4413
indicate that the licensee is ~~an honorably discharged~~a veteran,	4414
active duty, or reservist of the armed forces of the United	4415
States;	4416

(13) Any other information the registrar considers advisable	4417
and requires by rule.	4418

(B) The registrar may establish and maintain a file of	4419
negatives of photographs taken for the purposes of this section.	4420

(C) Neither the registrar nor any deputy registrar shall	4421
issue a commercial driver's license to anyone under twenty-one	4422
years of age that does not have the characteristics prescribed by	4423
the registrar distinguishing it from the commercial driver's	4424
license issued to persons who are twenty-one years of age or	4425
older.	4426

(D) Whoever violates division (C) of this section is guilty	4427
of a minor misdemeanor.	4428

Sec. 4507.05. (A) The registrar of motor vehicles, or a	4429
deputy registrar, upon receiving an application for a temporary	4430
instruction permit and a temporary instruction permit	4431
identification card for a driver's license from any person who is	4432
at least fifteen years six months of age, may issue such a permit	4433
and identification card entitling the applicant to drive a motor	4434
vehicle, other than a commercial motor vehicle, upon the highways	4435
under the following conditions:	4436

(1) If the permit is issued to a person who is at least	4437
fifteen years six months of age, but less than sixteen years of	4438
age:	4439

(a) The permit and identification card are in the holder's	4440
immediate possession;	4441

(b) The holder is accompanied by an eligible adult who	4442
actually occupies the seat beside the permit holder and does not	4443
have a prohibited concentration of alcohol in the whole blood,	4444
blood serum or plasma, breath, or urine as provided in division	4445
(A) of section 4511.19 of the Revised Code;	4446

(c) The total number of occupants of the vehicle does not	4447
exceed the total number of occupant restraining devices originally	4448
installed in the motor vehicle by its manufacturer, and each	4449
occupant of the vehicle is wearing all of the available elements	4450
of a properly adjusted occupant restraining device.	4451

(2) If the permit is issued to a person who is at least	4452
sixteen years of age:	4453

(a) The permit and identification card are in the holder's	4454
immediate possession;	4455

(b) The holder is accompanied by a licensed operator who is	4456
at least twenty-one years of age, is actually occupying a seat	4457
beside the driver, and does not have a prohibited concentration of	4458
alcohol in the whole blood, blood serum or plasma, breath, or	4459
urine as provided in division (A) of section 4511.19 of the	4460
Revised Code;	4461

(c) The total number of occupants of the vehicle does not	4462
exceed the total number of occupant restraining devices originally	4463
installed in the motor vehicle by its manufacturer, and each	4464
occupant of the vehicle is wearing all of the available elements	4465
of a properly adjusted occupant restraining device.	4466

(B) The registrar or a deputy registrar, upon receiving from	4467
any person an application for a temporary instruction permit and	4468
temporary instruction permit identification card to operate a	4469
motorcycle or motorized bicycle, may issue such a permit and	4470
identification card entitling the applicant, while having the	4471
permit and identification card in the applicant's immediate	4472
possession, to drive a motorcycle or motorized bicycle under	4473
restrictions determined by the registrar. A temporary instruction	4474
permit and temporary instruction permit identification card to	4475
operate a motorized bicycle may be issued to a person fourteen or	4476
fifteen years old.	4477

(C) Any permit and identification card issued under this	4478
section shall be issued in the same manner as a driver's license,	4479
upon a form to be furnished by the registrar. A temporary	4480
instruction permit to drive a motor vehicle other than a	4481
commercial motor vehicle shall be valid for a period of one year.	4482

(D) Any person having in the person's possession a valid and	4483
current driver's license or motorcycle operator's license or	4484
endorsement issued to the person by another jurisdiction	4485
recognized by this state is exempt from obtaining a temporary	4486
instruction permit for a driver's license, but shall submit to the	4487
regular examination in obtaining a driver's license or motorcycle	4488
operator's endorsement in this state.	4489

(E) The registrar may adopt rules governing the use of	4490
temporary instruction permits and temporary instruction permit	4491
identification cards.	4492

(F)(1) No holder of a permit issued under division (A) of	4493
this section shall operate a motor vehicle upon a highway or any	4494
public or private property used by the public for purposes of	4495
vehicular travel or parking in violation of the conditions	4496
established under division (A) of this section.	4497

(2) Except as provided in division (F)(2) of this section, no	4498
holder of a permit that is issued under division (A) of this	4499
section and that is issued on or after July 1, 1998, and who has	4500
not attained the age of eighteen years, shall operate a motor	4501
vehicle upon a highway or any public or private property used by	4502
the public for purposes of vehicular travel or parking between the	4503
hours of midnight and six a.m.	4504

The holder of a permit issued under division (A) of this	4505
section on or after July 1, 1998, who has not attained the age of	4506
eighteen years, may operate a motor vehicle upon a highway or any	4507
public or private property used by the public for purposes of	4508
vehicular travel or parking between the hours of midnight and six	4509
a.m. if, at the time of such operation, the holder is accompanied	4510
by the holder's parent, guardian, or custodian, and the parent,	4511
guardian, or custodian holds a current valid driver's or	4512
commercial driver's license issued by this state, is actually	4513
occupying a seat beside the permit holder, and does not have a	4514
prohibited concentration of alcohol in the whole blood, blood	4515
serum or plasma, breath, or urine as provided in division (A) of	4516
section 4511.19 of the Revised Code.	4517

(G)~~(1) Notwithstanding any other provision of law to the~~	4518
~~contrary, no law enforcement officer shall cause the operator of a~~	4519
~~motor vehicle being operated on any street or highway to stop the~~	4520
~~motor vehicle for the sole purpose of determining whether each~~	4521
~~occupant of the motor vehicle is wearing all of the available~~	4522
~~elements of a properly adjusted occupant restraining device as~~	4523
~~required by division (A) of this section, or for the sole purpose~~	4524
~~of issuing a ticket, citation, or summons if the requirement in~~	4525
~~that division has been or is being violated, or for causing the~~	4526
~~arrest of or commencing a prosecution of a person for a violation~~	4527
~~of that requirement.~~	4528

~~(2)~~ Notwithstanding any other provision of law to the	4529
contrary, no law enforcement officer shall cause the operator of a	4530
motor vehicle being operated on any street or highway to stop the	4531
motor vehicle for the sole purpose of determining whether a	4532
violation of division (F)(2) of this section has been or is being	4533
committed or for the sole purpose of issuing a ticket, citation,	4534
or summons for such a violation or for causing the arrest of or	4535
commencing a prosecution of a person for such violation.	4536

(H) As used in this section:

4537

(1) "Eligible adult" means any of the following:

4538

(a) An instructor of a driver training course approved by the	4539
department of public safety;	4540

(b) Any of the following persons who holds a current valid	4541
driver's or commercial driver's license issued by this state:	4542

(i) A parent, guardian, or custodian of the permit holder;

4543

(ii) A person twenty-one years of age or older who acts in	4544
loco parentis of the permit holder.	4545

(2) "Occupant restraining device" has the same meaning as in	4546
section 4513.263 of the Revised Code.	4547

(I) Whoever violates division (F)(1) or (2) of this section	4548
is guilty of a minor misdemeanor.	4549

Sec. 4507.06. (A)(1) Every application for a driver's	4550
license or motorcycle operator's license or endorsement, or	4551
duplicate of any such license or endorsement, shall be made upon	4552
the approved form furnished by the registrar of motor vehicles and	4553
shall be signed by the applicant.	4554

Every application shall state the following:

4555

(a) The applicant's name, date of birth, social security	4556
number if such has been assigned, sex, general description,	4557
including height, weight, color of hair, and eyes, residence	4558
address, including county of residence, duration of residence in	4559
this state, and country of citizenship;	4560

(b) Whether the applicant previously has been licensed as an	4561
operator, chauffeur, driver, commercial driver, or motorcycle	4562
operator and, if so, when, by what state, and whether such license	4563
is suspended or canceled at the present time and, if so, the date	4564
of and reason for the suspension or cancellation;	4565

(c) Whether the applicant is now or ever has been afflicted	4566
with epilepsy, or whether the applicant now is suffering from any	4567
physical or mental disability or disease and, if so, the nature	4568
and extent of the disability or disease, giving the names and	4569
addresses of physicians then or previously in attendance upon the	4570
applicant;	4571

(d) Whether an applicant for a duplicate driver's license, or	4572
duplicate license containing a motorcycle operator endorsement has	4573
pending a citation for violation of any motor vehicle law or	4574
ordinance, a description of any such citation pending, and the	4575
date of the citation;	4576

(e) Whether the applicant wishes to certify willingness to	4577
make an anatomical gift under section 2108.05 of the Revised Code,	4578
which shall be given no consideration in the issuance of a license	4579
or endorsement;	4580

(f) Whether the applicant has executed a valid durable power	4581
of attorney for health care pursuant to sections 1337.11 to	4582
1337.17 of the Revised Code or has executed a declaration	4583
governing the use or continuation, or the withholding or	4584
withdrawal, of life-sustaining treatment pursuant to sections	4585
2133.01 to 2133.15 of the Revised Code and, if the applicant has	4586
executed either type of instrument, whether the applicant wishes	4587
the applicant's license to indicate that the applicant has	4588
executed the instrument;	4589

(g) On and after ~~the date that is fifteen months after the~~	4590
~~effective date of this amendment~~October 7, 2009, whether the	4591
applicant is ~~an honorably discharged~~a veteran, active duty, or	4592
reservist of the armed forces of the United States and, if the	4593
applicant is such ~~an honorably discharged veteran~~, whether the	4594
applicant wishes the applicant's license to indicate that the	4595
applicant is ~~an honorably discharged~~a veteran, active duty, or	4596
reservist of the armed forces of the United States by a military	4597
designation on the license.	4598

(2) Every applicant for a driver's license shall be	4599
photographed in color at the time the application for the license	4600
is made. The application shall state any additional information	4601
that the registrar requires.	4602

(B) The registrar or a deputy registrar, in accordance with	4603
section 3503.11 of the Revised Code, shall register as an elector	4604
any person who applies for a driver's license or motorcycle	4605
operator's license or endorsement under division (A) of this	4606
section, or for a renewal or duplicate of the license or	4607
endorsement, if the applicant is eligible and wishes to be	4608
registered as an elector. The decision of an applicant whether to	4609
register as an elector shall be given no consideration in the	4610
decision of whether to issue the applicant a license or	4611
endorsement, or a renewal or duplicate.	4612

(C) The registrar or a deputy registrar, in accordance with	4613
section 3503.11 of the Revised Code, shall offer the opportunity	4614
of completing a notice of change of residence or change of name to	4615
any applicant for a driver's license or endorsement under division	4616
(A) of this section, or for a renewal or duplicate of the license	4617
or endorsement, if the applicant is a registered elector who has	4618
changed the applicant's residence or name and has not filed such a	4619
notice.	4620

(D) In addition to any other information it contains, on and	4621
after ~~the date that is fifteen months after the effective date of~~	4622
~~this amendment~~October 7, 2009, the approved form furnished by	4623
the registrar of motor vehicles for an application for a	4624
driver's license or motorcycle operator's license or	4625
endorsement or an application for a duplicate of any such	4626
license or endorsement shall inform applicants that the	4627
applicant must present a copy of the applicant's DD-214 or an	4628
equivalent document in order to qualify to have the license or	4629
duplicate indicate that the applicant is ~~an honorably discharged~~	4630
a veteran, active duty, or reservist of the armed forces of the	4631
United States based on a request made pursuant to division	4632
(A)(1)(g) of this section.	4633

Sec. 4507.071. (A) No driver's license shall be issued to	4634
any person under eighteen years of age, except that a probationary	4635
license may be issued to a person who is at least sixteen years of	4636
age and has held a temporary instruction permit for a period of at	4637
least six months.	4638

(B)(1)(a) No holder of a probationary driver's license who	4639
has not attained the age of seventeen years shall operate a motor	4640
vehicle upon a highway or any public or private property used by	4641
the public for purposes of vehicular travel or parking between the	4642
hours of midnight and six a.m. unless the holder is accompanied by	4643
the holder's parent or guardian.	4644

(b) No holder of a probationary driver's license who has	4645
attained the age of seventeen years but has not attained the age	4646
of eighteen years shall operate a motor vehicle upon a highway or	4647
any public or private property used by the public for purposes of	4648
vehicular travel or parking between the hours of one a.m. and five	4649
a.m. unless the holder is accompanied by the holder's parent or	4650
guardian.	4651

(2)(a) Subject to division (D)(1)(a) of this section,	4652
division (B)(1)(a) of this section does not apply to the holder of	4653
a probationary driver's license who is traveling to or from work	4654
between the hours of midnight and six a.m. and has in the holder's	4655
immediate possession written documentation from the holder's	4656
employer.	4657

(b) Division (B)(1)(b) of this section does not apply to the	4658
holder of a probationary driver's license who is traveling to or	4659
from work between the hours of one a.m. and five a.m. and has in	4660
the holder's immediate possession written documentation from the	4661
holder's employer.	4662

(3) An employer is not liable in damages in a civil action	4663
for any injury, death, or loss to person or property that	4664
allegedly arises from, or is related to, the fact that the	4665
employer provided an employee who is the holder of a probationary	4666
driver's license with the written documentation described in	4667
division (B)(2) of this section.	4668

The registrar of motor vehicles shall make available at no	4669
cost a form to serve as the written documentation described in	4670
division (B)(2) of this section, and employers and holders of	4671
probationary driver's licenses may utilize that form or may choose	4672
to utilize any other written documentation to meet the	4673
requirements of that division.	4674

(4) No holder of a probationary driver's license who is less	4675
than seventeen years of age shall operate a motor vehicle upon a	4676
highway or any public or private property used by the public for	4677
purposes of vehicular travel or parking with more than one person	4678
who is not a family member occupying the vehicle unless the	4679
probationary license holder is accompanied by the probationary	4680
license holder's parent, guardian, or custodian.	4681

(C) It is an affirmative defense to a violation of division	4682
(B)(1)(a) or (b) of this section if, at the time of the violation,	4683
the holder of the probationary driver's license was traveling to	4684
or from an official function sponsored by the school the holder	4685
attends, or an emergency existed that required the holder to	4686
operate a motor vehicle in violation of division (B)(1)(a) or (b)	4687
of this section, or the holder was an emancipated minor.	4688

(D)(1)(a) Except as otherwise provided in division (D)(2) of	4689
this section, if a person is issued a probationary driver's	4690
license prior to attaining the age of seventeen years and the	4691
person pleads guilty to, is convicted of, or is adjudicated in	4692
juvenile court of having committed a moving violation during the	4693
six-month period commencing on the date on which the person is	4694
issued the probationary driver's license, the holder must be	4695
accompanied by the holder's parent or guardian whenever the holder	4696
is operating a motor vehicle upon a highway or any public or	4697
private property used by the public for purposes of vehicular	4698
travel or parking during whichever of the following time periods	4699
applies:	4700

(i) If, on the date the holder of the probationary driver's	4701
license pleads guilty to, is convicted of, or is adjudicated in	4702
juvenile court of having committed the moving violation, the	4703
holder has not attained the age of sixteen years six months,	4704
during the six-month period commencing on that date;	4705

(ii) If, on the date the holder pleads guilty to, is	4706
convicted of, or is adjudicated in juvenile court of having	4707
committed the moving violation, the holder has attained the age of	4708
sixteen years six months but not seventeen years, until the person	4709
attains the age of seventeen years.	4710

(b) If the holder of a probationary driver's license commits	4711
a moving violation during the six-month period after the person is	4712
issued the probationary driver's license and before the person	4713
attains the age of seventeen years and on the date the person	4714
pleads guilty to, is convicted of, or is adjudicated in juvenile	4715
court of having committed the moving violation the person has	4716
attained the age of seventeen years, or if the person commits the	4717
moving violation during the six-month period after the person is	4718
issued the probationary driver's license and after the person	4719
attains the age of seventeen years, the holder is not subject to	4720
the restriction described in divisions (D)(1)(a)(i) and (ii) of	4721
this section unless the court or juvenile court imposes such a	4722
restriction upon the holder.	4723

(2) Any person who is subject to the operating restrictions	4724
established under division (D)(1) of this section as a result of a	4725
first moving violation may petition the court for occupational or	4726
educational driving privileges without being accompanied by the	4727
holder's parent or guardian during the period of time specified in	4728
that division. The court may grant the person such driving	4729
privileges if the court finds reasonable cause to believe that the	4730
restrictions established in division (D)(1) will seriously affect	4731
the person's ability to continue in employment or educational	4732
training or will cause undue hardship on the license holder or a	4733
family member of the license holder. In granting the driving	4734
privileges, the court shall specify the purposes, times, and	4735
places of the privileges and shall issue the person appropriate	4736
forms setting forth the privileges granted. Occupational or	4737
educational driving privileges under this division shall not be	4738
granted to the same person more than once. If a person is	4739
convicted of, pleads guilty to, or is adjudicated in juvenile	4740
court of having committed a second or subsequent moving	4741
violation, any driving privileges previously granted under this	4742
division are terminated upon the subsequent conviction, plea, or	4743
adjudication.	4744

(3) No person shall violate division (D)(1)(a) of this	4745
section.	4746

(E) No holder of a probationary license shall operate a motor	4747
vehicle upon a highway or any public or private property used by	4748
the public for purposes of vehicular travel or parking unless the	4749
total number of occupants of the vehicle does not exceed the total	4750
number of occupant restraining devices originally installed in the	4751
motor vehicle by its manufacturer, and each occupant of the	4752
vehicle is wearing all of the available elements of a properly	4753
adjusted occupant restraining device.	4754

(F) A restricted license may be issued to a person who is	4755
fourteen or fifteen years of age upon proof of hardship	4756
satisfactory to the registrar of motor vehicles.	4757

(G) ~~Notwithstanding any other provision of law to the~~	4758
~~contrary, no law enforcement officer shall cause the operator of a~~	4759
~~motor vehicle being operated on any street or highway to stop the~~	4760
~~motor vehicle for the sole purpose of determining whether each~~	4761
~~occupant of the motor vehicle is wearing all of the available~~	4762
~~elements of a properly adjusted occupant restraining device as~~	4763
~~required by division (E) of this section, or for the sole purpose~~	4764
~~of issuing a ticket, citation, or summons if the requirement in~~	4765
~~that division has been or is being violated, or for causing the~~	4766
~~arrest of or commencing a prosecution of a person for a violation~~	4767
~~of that requirement.~~	4768

~~(H)~~ Notwithstanding any other provision of law to the	4769
contrary, no law enforcement officer shall cause the operator of a	4770
motor vehicle being operated on any street or highway to stop the	4771
motor vehicle for the sole purpose of determining whether a	4772
violation of division (B)(1)(a) or (b) of this section has been or	4773
is being committed or for the sole purpose of issuing a ticket,	4774
citation, or summons for such a violation or for causing the	4775
arrest of or commencing a prosecution of a person for such	4776
violation.	4777

~~(I)~~(H) As used in this section:

4778

(1) "Occupant restraining device" has the same meaning as in	4779
section 4513.263 of the Revised Code.	4780

(2) "Family member" of a probationary license holder includes	4781
any of the following:	4782

(a) A spouse;

4783

(b) A child or stepchild;

4784

4785

(d) An aunt or uncle;

4786

(e) A sibling, whether of the whole or half blood or by	4787
adoption, a brother-in-law, or a sister-in-law;	4788

(f) A son or daughter of the probationary license holder's	4789
stepparent if the stepparent has not adopted the probationary	4790
license holder;	4791

(g) An eligible adult, as defined in section 4507.05 of the	4792
Revised Code.	4793

(3) "Moving violation" means any violation of any statute or	4794
ordinance that regulates the operation of vehicles, streetcars, or	4795
trackless trolleys on the highways or streets. "Moving violation"	4796
does not include a violation of section 4513.263 of the Revised	4797
Code or a substantially equivalent municipal ordinance, or a	4798
violation of any statute or ordinance regulating pedestrians or	4799
the parking of vehicles, vehicle size or load limitations, vehicle	4800
fitness requirements, or vehicle registration.	4801

~~(J)~~(I) Whoever violates division (B)(1) or (4), (D)(3), or	4802
(E) of this section is guilty of a minor misdemeanor.	4803

Sec. 4507.13. (A) The registrar of motor vehicles shall	4804
issue a driver's license to every person licensed as an operator	4805
of motor vehicles other than commercial motor vehicles. No person	4806
licensed as a commercial motor vehicle driver under Chapter 4506.	4807
of the Revised Code need procure a driver's license, but no person	4808
shall drive any commercial motor vehicle unless licensed as a	4809
commercial motor vehicle driver.	4810

Every driver's license shall display on it the distinguishing	4811
number assigned to the licensee and shall display the licensee's	4812
name and date of birth; the licensee's residence address and	4813
county of residence; a color photograph of the licensee; a brief	4814
description of the licensee for the purpose of identification; a	4815
facsimile of the signature of the licensee as it appears on the	4816
application for the license; a notation, in a manner prescribed by	4817
the registrar, indicating any condition described in division	4818
(D)(3) of section 4507.08 of the Revised Code to which the	4819
licensee is subject; if the licensee has executed a durable power	4820
of attorney for health care or a declaration governing the use or	4821
continuation, or the withholding or withdrawal, of life-sustaining	4822
treatment and has specified that the licensee wishes the license	4823
to indicate that the licensee has executed either type of	4824
instrument, any symbol chosen by the registrar to indicate that	4825
the licensee has executed either type of instrument; on and after	4826
~~the date that is fifteen months after the effective date of this~~	4827
~~amendment~~October 7, 2009, if the licensee has specified that the	4828
licensee wishes the license to indicate that the licensee is an	4829
~~honorably discharged~~a veteran, active duty, or reservist of the	4830
armed forces of the United States and has presented a copy of	4831
the licensee's DD-214 form or an equivalent document, any symbol	4832
chosen by the registrar to indicate that the licensee is an	4833
~~honorably discharged~~a veteran, active duty, or reservist of the	4834
armed forces of the United States; and any additional	4835
information that the registrar requires by rule. No license shall	4836
display the licensee's social security number unless the licensee	4837
specifically requests that the licensee's social security number	4838
be displayed on the license. If federal law requires the	4839
licensee's social security number to be displayed on the license,	4840
the social security number shall be displayed on the license	4841
notwithstanding this section.	4842

The driver's license for licensees under twenty-one years of	4843
age shall have characteristics prescribed by the registrar	4844
distinguishing it from that issued to a licensee who is twenty-one	4845
years of age or older, except that a driver's license issued to a	4846
person who applies no more than thirty days before the applicant's	4847
twenty-first birthday shall have the characteristics of a license	4848
issued to a person who is twenty-one years of age or older.	4849

The driver's license issued to a temporary resident shall	4850
contain the word "nonrenewable" and shall have any additional	4851
characteristics prescribed by the registrar distinguishing it from	4852
a license issued to a resident.	4853

Every driver's or commercial driver's license displaying a	4854
motorcycle operator's endorsement and every restricted license to	4855
operate a motor vehicle also shall display the designation	4856
"novice," if the endorsement or license is issued to a person who	4857
is eighteen years of age or older and previously has not been	4858
licensed to operate a motorcycle by this state or another	4859
jurisdiction recognized by this state. The "novice" designation	4860
shall be effective for one year after the date of issuance of the	4861
motorcycle operator's endorsement or license.	4862

Each license issued under this section shall be of such	4863
material and so designed as to prevent its reproduction or	4864
alteration without ready detection and, to this end, shall be	4865
laminated with a transparent plastic material.	4866

(B) Except in regard to a driver's license issued to a person	4867
who applies no more than thirty days before the applicant's	4868
twenty-first birthday, neither the registrar nor any deputy	4869
registrar shall issue a driver's license to anyone under	4870
twenty-one years of age that does not have the characteristics	4871
prescribed by the registrar distinguishing it from the driver's	4872
license issued to persons who are twenty-one years of age or	4873
older.	4874

(C) Whoever violates division (B) of this section is guilty	4875
of a minor misdemeanor.	4876

Sec. 4507.23. (A) Except as provided in division ~~(I)~~(J) of	4877
this section, each application for a temporary instruction permit	4878
and examination shall be accompanied by a fee of five dollars.	4879

(B) Except as provided in division ~~(I)~~(J) of this section,	4880
each application for a driver's license made by a person who	4881
previously held such a license and whose license has expired not	4882
more than two years prior to the date of application, and who is	4883
required under this chapter to give an actual demonstration of the	4884
person's ability to drive, shall be accompanied by a fee of three	4885
dollars in addition to any other fees.	4886

(C) Except as provided in divisions (E) and ~~(I)~~(J) of this	4887
section, each application for a driver's license, or motorcycle	4888
operator's endorsement, or renewal of a driver's license shall be	4889
accompanied by a fee of six dollars. Except as provided in	4890
division (I) of this section, each application for a duplicate	4891
driver's license shall be accompanied by a fee of two dollars and	4892
fifty cents. The duplicate driver's licenses issued under this	4893
section shall be distributed by the deputy registrar in accordance	4894
with rules adopted by the registrar of motor vehicles.	4895

(D) Except as provided in division ~~(I)~~(J) of this section,	4896
each application for a motorized bicycle license or duplicate	4897
thereof shall be accompanied by a fee of two dollars and fifty	4898
cents.	4899

(E) Except as provided in division ~~(I)~~(J) of this section,	4900
each application for a driver's license or renewal of a driver's	4901
license that will be issued to a person who is less than	4902
twenty-one years of age shall be accompanied by whichever of the	4903
following fees is applicable:	4904

(1) If the person is sixteen years of age or older, but less	4905
than seventeen years of age, a fee of seven dollars and	4906
twenty-five cents;	4907

(2) If the person is seventeen years of age or older, but	4908
less than eighteen years of age, a fee of six dollars;	4909

(3) If the person is eighteen years of age or older, but less	4910
than nineteen years of age, a fee of four dollars and seventy-five	4911
cents;	4912

(4) If the person is nineteen years of age or older, but less	4913
than twenty years of age, a fee of three dollars and fifty cents;	4914

(5) If the person is twenty years of age or older, but less	4915
than twenty-one years of age, a fee of two dollars and twenty-five	4916
cents.	4917

(F) Neither the registrar nor any deputy registrar shall	4918
charge a fee in excess of one dollar and fifty cents for	4919
laminating a driver's license, motorized bicycle license, or	4920
temporary instruction permit identification cards as required by	4921
sections 4507.13 and 4511.521 of the Revised Code. A deputy	4922
registrar laminating a driver's license, motorized bicycle	4923
license, or temporary instruction permit identification cards	4924
shall retain the entire amount of the fee charged for lamination,	4925
less the actual cost to the registrar of the laminating materials	4926
used for that lamination, as specified in the contract executed by	4927
the bureau for the laminating materials and laminating equipment.	4928
The deputy registrar shall forward the amount of the cost of the	4929
laminating materials to the registrar for deposit as provided in	4930
this section.	4931

(G) Except as provided in division ~~(I)~~(J) of this section and	4932
except for the renewal of a driver's license, commencing on	4933
October 1, 2003, each transaction described in divisions (A), (B),	4934
(C), (D), and (E) of this section shall be accompanied by an	4935
additional fee of twelve dollars. A transaction involving the	4936
renewal of a driver's license with an expiration date on or after	4937
that date shall be accompanied by an additional fee of twelve	4938
dollars. The additional fee is for the purpose of defraying the	4939
department of public safety's costs associated with the	4940
administration and enforcement of the motor vehicle and traffic	4941
laws of Ohio.	4942

(H) Except as provided in division (J) of this section,	4943
commencing on October 1, 2009, if an application for a driver's	4944
license or motorcycle operator's endorsement made by a person who	4945
previously held such a license is not applied for within the	4946
period specified in section 4507.09 of the Revised Code, the	4947
registrar or deputy registrar shall collect a fee of ten dollars	4948
for the issuance of the driver's license or motorcycle	4949
endorsement, but may waive the fee for good cause shown if the	4950
application is accompanied by supporting evidence as the registrar	4951
may require. The fee shall be in addition to all other fees	4952
established by this section. A deputy registrar collecting this	4953
ten dollar fee shall retain fifty cents and send the remaining	4954
fee to the registrar as specified in division (I) of this	4955
section.	4956

(I) At the time and in the manner provided by section 4503.10	4957
of the Revised Code, the deputy registrar shall transmit the fees	4958
collected under divisions (A), (B), (C), (D), and (E), those	4959
portions of the fees specified in and collected under division	4960
(F), and the additional fee under ~~division~~divisions (G) and (H)	4961
of this section to the registrar. The registrar shall pay two	4962
dollars and fifty cents of each fee collected under divisions (A),	4963
(B), (C), (D), and (E)(1) to (4) of this section, and the entire	4964
fee collected under division (E)(5) of this section, into the	4965
state highway safety fund established in section 4501.06 of the	4966
Revised Code, and such fees shall be used for the sole purpose of	4967
supporting driver licensing activities. The registrar also shall	4968
pay the entire fee collected under ~~division~~divisions (G) and (H)	4969
of this section into the state highway safety fund created in	4970
section 4501.06 of the Revised Code. The remaining fees collected	4971
by the registrar under this section shall be paid into the state	4972
bureau of motor vehicles fund established in section 4501.25 of	4973
the Revised Code.	4974

~~(I)~~(J) A disabled veteran who has a service-connected	4975
disability rated at one hundred per cent by the veterans'	4976
administration may apply to the registrar or a deputy registrar	4977
for the issuance to that veteran, without the payment of any fee	4978
prescribed in this section, of any of the following items:	4979

(1) A temporary instruction permit and examination;

4980

(2) A new, renewal, or duplicate driver's or commercial	4981
driver's license;	4982

(3) A motorcycle operator's endorsement;

4983

(4) A motorized bicycle license or duplicate thereof;

4984

(5) The fee established in division (H) of this section;

4985

(6) Lamination of a driver's license, motorized bicycle	4986
license, or temporary instruction permit identification card as	4987
provided in division (F) of this section, if the circumstances	4988
specified in division ~~(I)(5)~~(J)(6) of this section are met.	4989

~~If the driver's license, motorized bicycle license, or~~	4990
~~temporary instruction permit identification card of a disabled~~	4991
~~veteran described in division (I) of this section is laminated by~~	4992
~~a deputy registrar who is acting as a deputy registrar pursuant~~	4993
~~to a contract with the registrar that is in effect on October 14,~~	4994
~~1997, the disabled veteran shall be required to pay the deputy~~	4995
~~registrar the lamination fee provided in division (F) of this~~	4996
~~section. If the driver's license, motorized bicycle license, or~~	4997
~~temporary instruction permit identification card of such a~~	4998
~~disabled veteran is laminated by a deputy registrar who is acting~~	4999
~~as a deputy registrar pursuant to a contract with the registrar~~	5000
~~that is executed after October 14, 1997, the disabled veteran is~~	5001
~~not required to pay the deputy registrar the lamination fee~~	5002
~~provided in division (F) of this section.~~	5003

A disabled veteran whose driver's license, motorized bicycle	5004
license, or temporary instruction permit identification card is	5005
laminated by the registrar or deputy registrar is not required to	5006
pay the registrar any lamination fee.	5007

An application made under division ~~(I)~~(J) of this section	5008
shall be accompanied by such documentary evidence of disability as	5009
the registrar may require by rule.	5010

Sec. 4507.24. (A) Except as provided in division ~~(B)~~(C) of	5011
this section, ~~each~~the registrar of motor vehicles or a deputy	5012
registrar may collect a fee not to exceed the following:	5013

(1)~~Three dollars and seventy-five cents commencing on July 1,~~	5014
~~2001, four dollars and twenty-five cents commencing on January 1,~~	5015
~~2003, and four~~Four dollars and fifty cents commencing on January	5016
1, 2004, and five dollars and fifty cents commencing on October	5017
1, 2009, for each application for renewal of a driver's license	5018
received by the deputy registrar, when the applicant is required	5019
to submit to a screening of the applicant's vision under section	5020
4507.12 of the Revised Code;	5021

(2) ~~Two dollars and seventy-five cents commencing on July 1,~~	5022
~~2001, three dollars and twenty-five cents commencing on January 1,~~	5023
~~2003, and three~~Three dollars and fifty cents commencing on	5024
January 1, 2004, for each application for a driver's license, or	5025
motorized bicycle license, or for renewal of such a license,	5026
received by the deputy registrar, when the applicant is not	5027
required to submit to a screening of the applicant's vision under	5028
section 4507.12 of the Revised Code.	5029

(B) The fees prescribed by division (A) of this section shall	5030
be in addition to the fee for a temporary instruction permit and	5031
examination, a driver's license, a motorized bicycle license, or	5032
duplicates thereof~~, and~~. The fees retained by a deputy registrar	5033
shall compensate the deputy registrar for the deputy registrar's	5034
services, for office and rental expense, and for costs as provided	5035
in division ~~(C)~~(D) of this section, as are necessary for the	5036
proper discharge of the deputy registrar's duties under sections	5037
4507.01 to 4507.39 of the Revised Code.	5038

(C) A disabled veteran who has a service-connected disability	5039
rated at one hundred per cent by the veterans' administration is	5040
required to pay the applicable fee prescribed in division (A) of	5041
this section if the disabled veteran submits an application for a	5042
driver's license or motorized bicycle license or a renewal of	5043
either of these licenses to a deputy registrar who is acting as a	5044
deputy registrar pursuant to a contract with the registrar that is	5045
in effect on the effective date of this amendment. The disabled	5046
veteran also is required to submit with the disabled veteran's	5047
application such documentary evidence of disability as the	5048
registrar may require by rule.	5049

A disabled veteran who submits an application described in	5050
this division is not required to pay either of the fees prescribed	5051
in division (A) of this section if the disabled veteran submits	5052
the application to a deputy registrar who is acting as a deputy	5053
registrar pursuant to a contract with the registrar that is	5054
executed after the effective date of this amendment. The disabled	5055
veteran still is required to submit with the disabled veteran's	5056
application such documentary evidence of disability as the	5057
registrar may require by rule.	5058

A disabled veteran who submits an application described in	5059
this division directly to the registrar is not required to pay	5060
either of the fees prescribed in division (A) of this section if	5061
the disabled veteran submits with the disabled veteran's	5062
application such documentary evidence of disability as the	5063
registrar may require by rule.	5064

~~(C)~~(D)(1) Each deputy registrar shall transmit to the	5065
registrar of motor vehicles, at such time and in such manner as	5066
the registrar shall require by rule, an amount of each fee	5067
collected under division (A)(1) of this section as shall be	5068
determined by the registrar. The registrar shall pay all such	5069
moneys so received into the state bureau of motor vehicles fund	5070
created in section 4501.25 of the Revised Code.	5071

(2) Commencing on October 1, 2009, each deputy registrar	5072
shall transmit one dollar of each fee collected under division	5073
(A)(1) of this section to the registrar at the time and in the	5074
manner provided by section 4503.10 of the Revised Code. The	5075
registrar shall deposit all moneys received under division (D)(2)	5076
of this section into the state highway safety fund established in	5077
section 4501.06 of the Revised Code.	5078

Sec. 4507.51. (A)(1) Every application for an identification	5079
card or duplicate shall be made on a form furnished by the	5080
registrar of motor vehicles, shall be signed by the applicant, and	5081
by the applicant's parent or guardian if the applicant is under	5082
eighteen years of age, and shall contain the following information	5083
pertaining to the applicant: name, date of birth, sex, general	5084
description including the applicant's height, weight, hair color,	5085
and eye color, address, and social security number. The	5086
application also shall state whether an applicant wishes to	5087
certify willingness to make an anatomical gift under section	5088
2108.05 of the Revised Code and shall include information about	5089
the requirements of sections 2108.01 to 2108.29 of the Revised	5090
Code that apply to persons who are less than eighteen years of	5091
age. The statement regarding willingness to make such a donation	5092
shall be given no consideration in the decision of whether to	5093
issue an identification card. Each applicant shall be photographed	5094
in color at the time of making application.	5095

(2)(a) The application also shall state whether the applicant	5096
has executed a valid durable power of attorney for health care	5097
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	5098
executed a declaration governing the use or continuation, or the	5099
withholding or withdrawal, of life-sustaining treatment pursuant	5100
to sections 2133.01 to 2133.15 of the Revised Code and, if the	5101
applicant has executed either type of instrument, whether the	5102
applicant wishes the identification card issued to indicate that	5103
the applicant has executed the instrument.	5104

(b) On and after ~~the date that is fifteen months after the~~	5105
~~effective date of this amendment~~October 7, 2009, the application	5106
also shall state whether the applicant is ~~an honorably~~	5107
~~discharged~~a veteran, active duty, or reservist of the armed	5108
forces of the United States and, if the applicant is such an	5109
~~honorably discharged veteran~~, whether the applicant wishes the	5110
identification card issued to indicate that the applicant is an	5111
~~honorably discharged~~a veteran, active duty, or reservist of the	5112
armed forces of the United States by a military designation on	5113
the identification card.	5114

(3) The registrar or deputy registrar, in accordance with	5115
section 3503.11 of the Revised Code, shall register as an elector	5116
any person who applies for an identification card or duplicate if	5117
the applicant is eligible and wishes to be registered as an	5118
elector. The decision of an applicant whether to register as an	5119
elector shall be given no consideration in the decision of whether	5120
to issue the applicant an identification card or duplicate.	5121

(B) The application for an identification card or duplicate	5122
shall be filed in the office of the registrar or deputy registrar.	5123
Each applicant shall present documentary evidence as required by	5124
the registrar of the applicant's age and identity, and the	5125
applicant shall swear that all information given is true. An	5126
identification card issued by the department of rehabilitation and	5127
correction under section 5120.59 of the Revised Code shall be	5128
sufficient documentary evidence under this division. Upon issuing	5129
an identification card under this section for a person who has	5130
been issued an identification card under section 5120.59 of the	5131
Revised Code, the registrar or deputy registrar shall destroy the	5132
identification card issued under section 5120.59 of the Revised	5133
Code.	5134

All applications for an identification card or duplicate	5135
shall be filed in duplicate, and if submitted to a deputy	5136
registrar, a copy shall be forwarded to the registrar. The	5137
registrar shall prescribe rules for the manner in which a deputy	5138
registrar is to file and maintain applications and other records.	5139
The registrar shall maintain a suitable, indexed record of all	5140
applications denied and cards issued or canceled.	5141

(C) In addition to any other information it contains, on and	5142
after the date that is fifteen months after the effective date of	5143
this amendment, the form furnished by the registrar of motor	5144
vehicles for an application for an identification card or	5145
duplicate shall inform applicants that the applicant must present	5146
a copy of the applicant's DD-214 or an equivalent document in	5147
order to qualify to have the card or duplicate indicate that the	5148
applicant is an honorably discharged veteran of the armed forces	5149
of the United States based on a request made pursuant to division	5150
(A)(2)(b) of this section.	5151

Sec. 4507.52. (A) Each identification card issued by the	5152
registrar of motor vehicles or a deputy registrar shall display a	5153
distinguishing number assigned to the cardholder, and shall	5154
display the following inscription:	5155

"STATE OF OHIO IDENTIFICATION CARD	5156

This card is not valid for the purpose of operating a motor	5157
vehicle. It is provided solely for the purpose of establishing the	5158
identity of the bearer described on the card, who currently is not	5159
licensed to operate a motor vehicle in the state of Ohio."	5160

The identification card shall display substantially the same	5161
information as contained in the application and as described in	5162
division (A)(1) of section 4507.51 of the Revised Code, but shall	5163
not display the cardholder's social security number unless the	5164
cardholder specifically requests that the cardholder's social	5165
security number be displayed on the card. If federal law requires	5166
the cardholder's social security number to be displayed on the	5167
identification card, the social security number shall be displayed	5168
on the card notwithstanding this section. The identification card	5169
also shall display the color photograph of the cardholder. If the	5170
cardholder has executed a durable power of attorney for health	5171
care or a declaration governing the use or continuation, or the	5172
withholding or withdrawal, of life-sustaining treatment and has	5173
specified that the cardholder wishes the identification card to	5174
indicate that the cardholder has executed either type of	5175
instrument, the card also shall display any symbol chosen by the	5176
registrar to indicate that the cardholder has executed either type	5177
of instrument. On and after ~~the date that is fifteen months after~~	5178
~~the effectve date of this amendment~~October 7, 2009, if the	5179
cardholder has specified that the cardholder wishes the	5180
identification card to indicate that the cardholder is an	5181
~~honorably discharged~~a veteran, active duty, or reservist of the	5182
armed forces of the United States and has presented a copy of	5183
the cardholder's DD-214 form or an equivalent document, the	5184
card also shall display any symbol chosen by the registrar to	5185
indicate that the cardholder is ~~an honorably discharged~~a	5186
veteran, active duty, or reservist of the armed forces of the	5187
United States. The card shall be sealed in transparent plastic	5188
or similar material and shall be so designed as to prevent its	5189
reproduction or alteration without ready detection.	5190

The identification card for persons under twenty-one years of	5191
age shall have characteristics prescribed by the registrar	5192
distinguishing it from that issued to a person who is twenty-one	5193
years of age or older, except that an identification card issued	5194
to a person who applies no more than thirty days before the	5195
applicant's twenty-first birthday shall have the characteristics	5196
of an identification card issued to a person who is twenty-one	5197
years of age or older.	5198

Every identification card issued to a resident of this state	5199
shall expire, unless canceled or surrendered earlier, on the	5200
birthday of the cardholder in the fourth year after the date on	5201
which it is issued. Every identification card issued to a	5202
temporary resident shall expire in accordance with rules adopted	5203
by the registrar and is nonrenewable, but may be replaced with a	5204
new identification card upon the applicant's compliance with all	5205
applicable requirements. A cardholder may renew the cardholder's	5206
identification card within ninety days prior to the day on which	5207
it expires by filing an application and paying the prescribed fee	5208
in accordance with section 4507.50 of the Revised Code.	5209

If a cardholder applies for a driver's or commercial driver's	5210
license in this state or another licensing jurisdiction, the	5211
cardholder shall surrender the cardholder's identification card to	5212
the registrar or any deputy registrar before the license is	5213
issued.	5214

(B) If a card is lost, destroyed, or mutilated, the person to	5215
whom the card was issued may obtain a duplicate by doing both of	5216
the following:	5217

(1) Furnishing suitable proof of the loss, destruction, or	5218
mutilation to the registrar or a deputy registrar;	5219

(2) Filing an application and presenting documentary evidence	5220
under section 4507.51 of the Revised Code.	5221

Any person who loses a card and, after obtaining a duplicate,	5222
finds the original, immediately shall surrender the original to	5223
the registrar or a deputy registrar.	5224

A cardholder may obtain a replacement identification card	5225
that reflects any change of the cardholder's name by furnishing	5226
suitable proof of the change to the registrar or a deputy	5227
registrar and surrendering the cardholder's existing card.	5228

When a cardholder applies for a duplicate or obtains a	5229
replacement identification card, the cardholder shall pay a fee of	5230
two dollars and fifty cents. A deputy registrar shall be allowed	5231
an additional fee of two dollars and seventy-five cents commencing	5232
on July 1, 2001, three dollars and twenty-five cents commencing on	5233
January 1, 2003, and three dollars and fifty cents commencing on	5234
January 1, 2004, for issuing a duplicate or replacement	5235
identification card. A disabled veteran who is a cardholder and	5236
has a service-connected disability rated at one hundred per cent	5237
by the veterans' administration may apply to the registrar or a	5238
deputy registrar for the issuance of a duplicate or replacement	5239
identification card without payment of any fee prescribed in this	5240
section, and without payment of any lamination fee if the disabled	5241
veteran would not be required to pay a lamination fee in	5242
connection with the issuance of an identification card or	5243
temporary identification card as provided in division (B) of	5244
section 4507.50 of the Revised Code.	5245

A duplicate or replacement identification card shall expire	5246
on the same date as the card it replaces.	5247

(C) The registrar shall cancel any card upon determining that	5248
the card was obtained unlawfully, issued in error, or was altered.	5249
The registrar also shall cancel any card that is surrendered to	5250
the registrar or to a deputy registrar after the holder has	5251
obtained a duplicate, replacement, or driver's or commercial	5252
driver's license.	5253

(D)(1) No agent of the state or its political subdivisions	5254
shall condition the granting of any benefit, service, right, or	5255
privilege upon the possession by any person of an identification	5256
card. Nothing in this section shall preclude any publicly operated	5257
or franchised transit system from using an identification card for	5258
the purpose of granting benefits or services of the system.	5259

(2) No person shall be required to apply for, carry, or	5260
possess an identification card.	5261

(E) Except in regard to an identification card issued to a	5262
person who applies no more than thirty days before the applicant's	5263
twenty-first birthday, neither the registrar nor any deputy	5264
registrar shall issue an identification card to a person under	5265
twenty-one years of age that does not have the characteristics	5266
prescribed by the registrar distinguishing it from the	5267
identification card issued to persons who are twenty-one years of	5268
age or older.	5269

(F) Whoever violates division (E) of this section is guilty	5270
of a minor misdemeanor.	5271

Sec. 4509.05. (A) Upon request, the registrar of motor	5272
vehicles shall search and furnish a certified abstract of the	5273
following information with respect to any person:	5274

(1) An enumeration of the motor vehicle accidents in which	5275
such person has been involved except accidents certified as	5276
described in division (D) of section 3937.41 of the Revised Code;	5277

(2) Such person's record of convictions for violation of the	5278
motor vehicle laws.	5279

(B) The registrar shall collect for each abstract a fee of	5280
~~two~~eight dollars.	5281

(C) The registrar may permit deputy registrars to perform a	5282
search and furnish a certified abstract under this section. A	5283
deputy registrar performing this function shall comply with	5284
section 4501.27 of the Revised Code concerning the disclosure of	5285
personal information, shall collect and transmit to the registrar	5286
the ~~two dollar~~eight-dollar fee established under division (B) of	5287
this section, and may collect and retain a service fee of ~~three~~	5288
~~dollars and twenty-five cents commencing on the effective date of~~	5289
~~this amendment. If the deputy registrar fees are increased on~~	5290
~~January 1, 2004, in accordance with section 4503.034 of the~~	5291
~~Revised Code, the deputy registrar may collect and retain a~~	5292
~~service fee of~~ three dollars and fifty cents~~, commencing on that~~	5293
~~date~~.	5294

Of each eight-dollar fee the registrar collects under this	5295
division, the registrar shall pay two dollars into the state	5296
treasury to the credit of the state bureau of motor vehicles fund	5297
established in section 4501.25 of the Revised Code, one dollar and	5298
twenty-five cents into the state treasury to the credit of the	5299
trauma and emergency medical services fund established in section	5300
4513.263 of the Revised Code, one dollar and twenty-five cent into	5301
the state treasury to the credit of the homeland security fund	5302
established in section 5502.03 of the Revised Code, seventy-five	5303
cents into the state treasury to the credit of the investigations	5304
fund established in section 5502.131 of the Revised Code, two	5305
dollars and twenty-five cents into the state treasury to the	5306
credit of the emergency management agency service and	5307
reimbursement fund established in section 5502.39 of the Revised	5308
Code, and fifty cents into the state treasury to the credit of the	5309
justice program services fund established in section 5502.67 of	5310
the Revised Code.	5311

Sec. 4511.01. As used in this chapter and in Chapter 4513.	5312
of the Revised Code:	5313

(A) "Vehicle" means every device, including a motorized	5314
bicycle, in, upon, or by which any person or property may be	5315
transported or drawn upon a highway, except that "vehicle" does	5316
not include any motorized wheelchair, any electric personal	5317
assistive mobility device, any device that is moved by power	5318
collected from overhead electric trolley wires or that is used	5319
exclusively upon stationary rails or tracks, or any device, other	5320
than a bicycle, that is moved by human power.	5321

(B) "Motor vehicle" means every vehicle propelled or drawn by	5322
power other than muscular power or power collected from overhead	5323
electric trolley wires, except motorized bicycles, road rollers,	5324
traction engines, power shovels, power cranes, and other equipment	5325
used in construction work and not designed for or employed in	5326
general highway transportation, hole-digging machinery,	5327
well-drilling machinery, ditch-digging machinery, farm machinery,	5328
and trailers designed and used exclusively to transport a boat	5329
between a place of storage and a marina, or in and around a	5330
marina, when drawn or towed on a street or highway for a distance	5331
of no more than ten miles and at a speed of twenty-five miles per	5332
hour or less.	5333

(C) "Motorcycle" means every motor vehicle, other than a	5334
tractor, having a seat or saddle for the use of the operator and	5335
designed to travel on not more than three wheels in contact with	5336
the ground, including, but not limited to, motor vehicles known as	5337
"motor-driven cycle," "motor scooter," or "motorcycle" without	5338
regard to weight or brake horsepower.	5339

(D) "Emergency vehicle" means emergency vehicles of	5340
municipal, township, or county departments or public utility	5341
corporations when identified as such as required by law, the	5342
director of public safety, or local authorities, and motor	5343
vehicles when commandeered by a police officer.	5344

(E) "Public safety vehicle" means any of the following:

5345

(1) Ambulances, including private ambulance companies under	5346
contract to a municipal corporation, township, or county, and	5347
private ambulances and nontransport vehicles bearing license	5348
plates issued under section 4503.49 of the Revised Code;	5349

(2) Motor vehicles used by public law enforcement officers or	5350
other persons sworn to enforce the criminal and traffic laws of	5351
the state;	5352

(3) Any motor vehicle when properly identified as required by	5353
the director of public safety, when used in response to fire	5354
emergency calls or to provide emergency medical service to ill or	5355
injured persons, and when operated by a duly qualified person who	5356
is a member of a volunteer rescue service or a volunteer fire	5357
department, and who is on duty pursuant to the rules or directives	5358
of that service. The state fire marshal shall be designated by the	5359
director of public safety as the certifying agency for all public	5360
safety vehicles described in division (E)(3) of this section.	5361

(4) Vehicles used by fire departments, including motor	5362
vehicles when used by volunteer fire fighters responding to	5363
emergency calls in the fire department service when identified as	5364
required by the director of public safety.	5365

Any vehicle used to transport or provide emergency medical	5366
service to an ill or injured person, when certified as a public	5367
safety vehicle, shall be considered a public safety vehicle when	5368
transporting an ill or injured person to a hospital regardless of	5369
whether such vehicle has already passed a hospital.	5370

(5) Vehicles used by the motor carrier enforcement unit for	5371
the enforcement of orders and rules of the public utilities	5372
commission as specified in section 5503.34 of the Revised Code.	5373

(F) "School bus" means every bus designed for carrying more	5374
than nine passengers that is owned by a public, private, or	5375
governmental agency or institution of learning and operated for	5376
the transportation of children to or from a school session or a	5377
school function, or owned by a private person and operated for	5378
compensation for the transportation of children to or from a	5379
school session or a school function, provided "school bus" does	5380
not include a bus operated by a municipally owned transportation	5381
system, a mass transit company operating exclusively within the	5382
territorial limits of a municipal corporation, or within such	5383
limits and the territorial limits of municipal corporations	5384
immediately contiguous to such municipal corporation, nor a common	5385
passenger carrier certified by the public utilities commission	5386
unless such bus is devoted exclusively to the transportation of	5387
children to and from a school session or a school function, and	5388
"school bus" does not include a van or bus used by a licensed	5389
child day-care center or type A family day-care home to transport	5390
children from the child day-care center or type A family day-care	5391
home to a school if the van or bus does not have more than fifteen	5392
children in the van or bus at any time.	5393

(G) "Bicycle" means every device, other than a tricycle	5394
designed solely for use as a play vehicle by a child, propelled	5395
solely by human power upon which any person may ride having either	5396
two tandem wheels, or one wheel in the front and two wheels in the	5397
rear, any of which is more than fourteen inches in diameter.	5398

(H) "Motorized bicycle" means any vehicle having either two	5399
tandem wheels or one wheel in the front and two wheels in the	5400
rear, that is capable of being pedaled and is equipped with a	5401
helper motor of not more than fifty cubic centimeters piston	5402
displacement that produces no more than one brake horsepower and	5403
is capable of propelling the vehicle at a speed of no greater than	5404
twenty miles per hour on a level surface.	5405

(I) "Commercial tractor" means every motor vehicle having	5406
motive power designed or used for drawing other vehicles and not	5407
so constructed as to carry any load thereon, or designed or used	5408
for drawing other vehicles while carrying a portion of such other	5409
vehicles, or load thereon, or both.	5410

(J) "Agricultural tractor" means every self-propelling	5411
vehicle designed or used for drawing other vehicles or wheeled	5412
machinery but having no provision for carrying loads independently	5413
of such other vehicles, and used principally for agricultural	5414
purposes.	5415

(K) "Truck" means every motor vehicle, except trailers and	5416
semitrailers, designed and used to carry property.	5417

(L) "Bus" means every motor vehicle designed for carrying	5418
more than nine passengers and used for the transportation of	5419
persons other than in a ridesharing arrangement, and every motor	5420
vehicle, automobile for hire, or funeral car, other than a taxicab	5421
or motor vehicle used in a ridesharing arrangement, designed and	5422
used for the transportation of persons for compensation.	5423

(M) "Trailer" means every vehicle designed or used for	5424
carrying persons or property wholly on its own structure and for	5425
being drawn by a motor vehicle, including any such vehicle when	5426
formed by or operated as a combination of a "semitrailer" and a	5427
vehicle of the dolly type, such as that commonly known as a	5428
"trailer dolly," a vehicle used to transport agricultural produce	5429
or agricultural production materials between a local place of	5430
storage or supply and the farm when drawn or towed on a street or	5431
highway at a speed greater than twenty-five miles per hour, and a	5432
vehicle designed and used exclusively to transport a boat between	5433
a place of storage and a marina, or in and around a marina, when	5434
drawn or towed on a street or highway for a distance of more than	5435
ten miles or at a speed of more than twenty-five miles per hour.	5436

(N) "Semitrailer" means every vehicle designed or used for	5437
carrying persons or property with another and separate motor	5438
vehicle so that in operation a part of its own weight or that of	5439
its load, or both, rests upon and is carried by another vehicle.	5440

(O) "Pole trailer" means every trailer or semitrailer	5441
attached to the towing vehicle by means of a reach, pole, or by	5442
being boomed or otherwise secured to the towing vehicle, and	5443
ordinarily used for transporting long or irregular shaped loads	5444
such as poles, pipes, or structural members capable, generally, of	5445
sustaining themselves as beams between the supporting connections.	5446

(P) "Railroad" means a carrier of persons or property	5447
operating upon rails placed principally on a private right-of-way.	5448

(Q) "Railroad train" means a steam engine or an electric or	5449
other motor, with or without cars coupled thereto, operated by a	5450
railroad.	5451

(R) "Streetcar" means a car, other than a railroad train, for	5452
transporting persons or property, operated upon rails principally	5453
within a street or highway.	5454

(S) "Trackless trolley" means every car that collects its	5455
power from overhead electric trolley wires and that is not	5456
operated upon rails or tracks.	5457

(T) "Explosives" means any chemical compound or mechanical	5458
mixture that is intended for the purpose of producing an explosion	5459
that contains any oxidizing and combustible units or other	5460
ingredients in such proportions, quantities, or packing that an	5461
ignition by fire, by friction, by concussion, by percussion, or by	5462
a detonator of any part of the compound or mixture may cause such	5463
a sudden generation of highly heated gases that the resultant	5464
gaseous pressures are capable of producing destructive effects on	5465
contiguous objects, or of destroying life or limb. Manufactured	5466
articles shall not be held to be explosives when the individual	5467
units contain explosives in such limited quantities, of such	5468
nature, or in such packing, that it is impossible to procure a	5469
simultaneous or a destructive explosion of such units, to the	5470
injury of life, limb, or property by fire, by friction, by	5471
concussion, by percussion, or by a detonator, such as fixed	5472
ammunition for small arms, firecrackers, or safety fuse matches.	5473

(U) "Flammable liquid" means any liquid that has a flash	5474
point of seventy degrees fahrenheit, or less, as determined by a	5475
tagliabue or equivalent closed cup test device.	5476

(V) "Gross weight" means the weight of a vehicle plus the	5477
weight of any load thereon.	5478

(W) "Person" means every natural person, firm,	5479
co-partnership, association, or corporation.	5480

(X) "Pedestrian" means any natural person afoot.

5481

(Y) "Driver or operator" means every person who drives or is	5482
in actual physical control of a vehicle, trackless trolley, or	5483
streetcar.	5484

(Z) "Police officer" means every officer authorized to direct	5485
or regulate traffic, or to make arrests for violations of traffic	5486
regulations.	5487

(AA) "Local authorities" means every county, municipal, and	5488
other local board or body having authority to adopt police	5489
regulations under the constitution and laws of this state.	5490

(BB) "Street" or "highway" means the entire width between the	5491
boundary lines of every way open to the use of the public as a	5492
thoroughfare for purposes of vehicular travel.	5493

(CC) "Controlled-access highway" means every street or	5494
highway in respect to which owners or occupants of abutting lands	5495
and other persons have no legal right of access to or from the	5496
same except at such points only and in such manner as may be	5497
determined by the public authority having jurisdiction over such	5498
street or highway.	5499

(DD) "Private road or driveway" means every way or place in	5500
private ownership used for vehicular travel by the owner and those	5501
having express or implied permission from the owner but not by	5502
other persons.	5503

(EE) "Roadway" means that portion of a highway improved,	5504
designed, or ordinarily used for vehicular travel, except the berm	5505
or shoulder. If a highway includes two or more separate roadways	5506
the term "roadway" means any such roadway separately but not all	5507
such roadways collectively.	5508

(FF) "Sidewalk" means that portion of a street between the	5509
curb lines, or the lateral lines of a roadway, and the adjacent	5510
property lines, intended for the use of pedestrians.	5511

(GG) "Laned highway" means a highway the roadway of which is	5512
divided into two or more clearly marked lanes for vehicular	5513
traffic.	5514

(HH) "Through highway" means every street or highway as	5515
provided in section 4511.65 of the Revised Code.	5516

(II) "State highway" means a highway under the jurisdiction	5517
of the department of transportation, outside the limits of	5518
municipal corporations, provided that the authority conferred upon	5519
the director of transportation in section 5511.01 of the Revised	5520
Code to erect state highway route markers and signs directing	5521
traffic shall not be modified by sections 4511.01 to 4511.79 and	5522
4511.99 of the Revised Code.	5523

(JJ) "State route" means every highway that is designated	5524
with an official state route number and so marked.	5525

(KK) "Intersection" means:

5526

(1) The area embraced within the prolongation or connection	5527
of the lateral curb lines, or, if none, then the lateral boundary	5528
lines of the roadways of two highways which join one another at,	5529
or approximately at, right angles, or the area within which	5530
vehicles traveling upon different highways joining at any other	5531
angle may come in conflict.	5532

(2) Where a highway includes two roadways thirty feet or more	5533
apart, then every crossing of each roadway of such divided highway	5534
by an intersecting highway shall be regarded as a separate	5535
intersection. If an intersecting highway also includes two	5536
roadways thirty feet or more apart, then every crossing of two	5537
roadways of such highways shall be regarded as a separate	5538
intersection.	5539

(3) The junction of an alley with a street or highway, or	5540
with another alley, shall not constitute an intersection.	5541

(LL) "Crosswalk" means:

5542

(1) That part of a roadway at intersections ordinarily	5543
included within the real or projected prolongation of property	5544
lines and curb lines or, in the absence of curbs, the edges of the	5545
traversable roadway;	5546

(2) Any portion of a roadway at an intersection or elsewhere,	5547
distinctly indicated for pedestrian crossing by lines or other	5548
markings on the surface;	5549

(3) Notwithstanding divisions (LL)(1) and (2) of this	5550
section, there shall not be a crosswalk where local authorities	5551
have placed signs indicating no crossing.	5552

(MM) "Safety zone" means the area or space officially set	5553
apart within a roadway for the exclusive use of pedestrians and	5554
protected or marked or indicated by adequate signs as to be	5555
plainly visible at all times.	5556

(NN) "Business district" means the territory fronting upon a	5557
street or highway, including the street or highway, between	5558
successive intersections within municipal corporations where fifty	5559
per cent or more of the frontage between such successive	5560
intersections is occupied by buildings in use for business, or	5561
within or outside municipal corporations where fifty per cent or	5562
more of the frontage for a distance of three hundred feet or more	5563
is occupied by buildings in use for business, and the character of	5564
such territory is indicated by official traffic control devices.	5565

(OO) "Residence district" means the territory, not comprising	5566
a business district, fronting on a street or highway, including	5567
the street or highway, where, for a distance of three hundred feet	5568
or more, the frontage is improved with residences or residences	5569
and buildings in use for business.	5570

(PP) "Urban district" means the territory contiguous to and	5571
including any street or highway which is built up with structures	5572
devoted to business, industry, or dwelling houses situated at	5573
intervals of less than one hundred feet for a distance of a	5574
quarter of a mile or more, and the character of such territory is	5575
indicated by official traffic control devices.	5576

(QQ) "Traffic control devices" means all flaggers, signs,	5577
signals, markings, and devices placed or erected by authority of a	5578
public body or official having jurisdiction, for the purpose of	5579
regulating, warning, or guiding traffic, including signs denoting	5580
names of streets and highways.	5581

(RR) "Traffic control signal" means any device, whether	5582
manually, electrically, or mechanically operated, by which traffic	5583
is alternately directed to stop, to proceed, to change direction,	5584
or not to change direction.	5585

(SS) "Railroad sign or signal" means any sign, signal, or	5586
device erected by authority of a public body or official or by a	5587
railroad and intended to give notice of the presence of railroad	5588
tracks or the approach of a railroad train.	5589

(TT) "Traffic" means pedestrians, ridden or herded animals,	5590
vehicles, streetcars, trackless trolleys, and other devices,	5591
either singly or together, while using any highway for purposes of	5592
travel.	5593

(UU) "Right-of-way" means either of the following, as the	5594
context requires:	5595

(1) The right of a vehicle, streetcar, trackless trolley, or	5596
pedestrian to proceed uninterruptedly in a lawful manner in the	5597
direction in which it or the individual is moving in preference to	5598
another vehicle, streetcar, trackless trolley, or pedestrian	5599
approaching from a different direction into its or the	5600
individual's path;	5601

(2) A general term denoting land, property, or the interest	5602
therein, usually in the configuration of a strip, acquired for or	5603
devoted to transportation purposes. When used in this context,	5604
right-of-way includes the roadway, shoulders or berm, ditch, and	5605
slopes extending to the right-of-way limits under the control of	5606
the state or local authority.	5607

(VV) "Rural mail delivery vehicle" means every vehicle used	5608
to deliver United States mail on a rural mail delivery route.	5609

(WW) "Funeral escort vehicle" means any motor vehicle,	5610
including a funeral hearse, while used to facilitate the movement	5611
of a funeral procession.	5612

(XX) "Alley" means a street or highway intended to provide	5613
access to the rear or side of lots or buildings in urban districts	5614
and not intended for the purpose of through vehicular traffic, and	5615
includes any street or highway that has been declared an "alley"	5616
by the legislative authority of the municipal corporation in which	5617
such street or highway is located.	5618

(YY) "Freeway" means a divided multi-lane highway for through	5619
traffic with all crossroads separated in grade and with full	5620
control of access.	5621

(ZZ) "Expressway" means a divided arterial highway for	5622
through traffic with full or partial control of access with an	5623
excess of fifty per cent of all crossroads separated in grade.	5624

(AAA) "Thruway" means a through highway whose entire roadway	5625
is reserved for through traffic and on which roadway parking is	5626
prohibited.	5627

(BBB) "Stop intersection" means any intersection at one or	5628
more entrances of which stop signs are erected.	5629

(CCC) "Arterial street" means any United States or state	5630
numbered route, controlled access highway, or other major radial	5631
or circumferential street or highway designated by local	5632
authorities within their respective jurisdictions as part of a	5633
major arterial system of streets or highways.	5634

(DDD) "Ridesharing arrangement" means the transportation of	5635
persons in a motor vehicle where such transportation is incidental	5636
to another purpose of a volunteer driver and includes ridesharing	5637
arrangements known as carpools, vanpools, and buspools.	5638

(EEE) "Motorized wheelchair" means any self-propelled vehicle	5639
designed for, and used by, a handicapped person and that is	5640
incapable of a speed in excess of eight miles per hour.	5641

(FFF) "Child day-care center" and "type A family day-care	5642
home" have the same meanings as in section 5104.01 of the Revised	5643
Code.	5644

(GGG) "Multi-wheel agricultural tractor" means a type of	5645
agricultural tractor that has two or more wheels or tires on each	5646
side of one axle at the rear of the tractor, is designed or used	5647
for drawing other vehicles or wheeled machinery, has no provision	5648
for carrying loads independently of the drawn vehicles or	5649
machinery, and is used principally for agricultural purposes.	5650

(HHH) "Operate" means to cause or have caused movement of a	5651
vehicle, streetcar, or trackless trolley.	5652

(III) "Predicate motor vehicle or traffic offense" means any	5653
of the following:	5654

(1) A violation of section 4511.03, 4511.051, 4511.12,	5655
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	5656
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	5657
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	5658
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	5659
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	5660
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	5661
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	5662
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	5663
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	5664
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	5665

(2) A violation of division (A)(2) of section 4511.17,	5666
divisions (A) to (D) of section 4511.51, or division (A) of	5667
section 4511.74 of the Revised Code;	5668

(3) A violation of any provision of sections 4511.01 to	5669
4511.76 of the Revised Code for which no penalty otherwise is	5670
provided in the section that contains the provision violated;	5671

(4) A violation of a municipal ordinance that is	5672
substantially similar to any section or provision set forth or	5673
described in division (III)(1), (2), or (3) of this section.	5674

(JJJ) "Road service vehicle" means wreckers, utility repair	5675
vehicles, and state, county, and municipal service vehicles	5676
equipped with visual signals by means of flashing, rotating, or	5677
oscillating lights.	5678

Sec. 4511.093. (A)(1) No law enforcement officer who stops	5679
the operator of a motor vehicle in the course of an authorized	5680
sobriety or other motor vehicle checkpoint operation or a motor	5681
vehicle safety inspection shall issue a ticket, citation, or	5682
summons for a secondary traffic offense unless in the course of	5683
the checkpoint operation or safety inspection the officer first	5684
determines that an offense other than a secondary traffic offense	5685
has occurred and either places the operator or a vehicle occupant	5686
under arrest or issues a ticket, citation, or summons to the	5687
operator or a vehicle occupant for an offense other than a	5688
secondary offense.	5689

(2) A law enforcement agency that operates a motor vehicle	5690
checkpoint for an express purpose related to a secondary traffic	5691
offense shall not issue a ticket, citation, or summons for any	5692
secondary traffic offense at such a checkpoint, but may use such a	5693
checkpoint operation to conduct a public awareness campaign and	5694
distribute information.	5695

(B) As used in this section, "secondary traffic offense"	5696
means a violation of division ~~(A) or~~ (F)(2) of section 4507.05,	5697
division (B)(1)(a) or (b) ~~or (E)~~ of section 4507.071, or division	5698
(C) or (D) of section 4511.81~~, or division (B) of section~~	5699
~~4513.263~~ of the Revised Code.	5700

Sec. 4511.108. The director of transportation shall establish	5701
a traffic generator sign program and shall set forth in the	5702
traffic engineering manual the specifications for a uniform system	5703
of traffic generator signs and the criteria for participation in	5704
the program. The department of transportation shall operate,	5705
construct, and maintain the program. The director shall establish,	5706
and may revise at any time, an annual fee to be charged for a	5707
qualifying private business to participate in the traffic	5708
generator sign program. Money paid by the qualifying private	5709
business shall be remitted to the department and shall be	5710
deposited into the highway operating fund.	5711

Sec. 4511.181. As used in sections 4511.181 to ~~4511.199~~	5712
4511.198 of the Revised Code:	5713

(A) "Equivalent offense" means any of the following:

5714

(1) A violation of division (A) or (B) of section 4511.19 of	5715
the Revised Code;	5716

(2) A violation of a municipal OVI ordinance;

5717

(3) A violation of section 2903.04 of the Revised Code in a	5718
case in which the offender was subject to the sanctions described	5719
in division (D) of that section;	5720

(4) A violation of division (A)(1) of section 2903.06 or	5721
2903.08 of the Revised Code or a municipal ordinance that is	5722
substantially equivalent to either of those divisions;	5723

(5) A violation of division (A)(2), (3), or (4) of section	5724
2903.06, division (A)(2) of section 2903.08, or former section	5725
2903.07 of the Revised Code, or a municipal ordinance that is	5726
substantially equivalent to any of those divisions or that former	5727
section, in a case in which a judge or jury as the trier of fact	5728
found that the offender was under the influence of alcohol, a drug	5729
of abuse, or a combination of them;	5730

(6) A violation of division (A) or (B) of section 1547.11 of	5731
the Revised Code;	5732

(7) A violation of a municipal ordinance prohibiting a person	5733
from operating or being in physical control of any vessel underway	5734
or from manipulating any water skis, aquaplane, or similar device	5735
on the waters of this state while under the influence of alcohol,	5736
a drug of abuse, or a combination of them or prohibiting a person	5737
from operating or being in physical control of any vessel underway	5738
or from manipulating any water skis, aquaplane, or similar device	5739
on the waters of this state with a prohibited concentration of	5740
alcohol, a controlled substance, or a metabolite of a controlled	5741
substance in the whole blood, blood serum or plasma, breath, or	5742
urine;	5743

(8) A violation of an existing or former municipal ordinance,	5744
law of another state, or law of the United States that is	5745
substantially equivalent to division (A) or (B) of section 4511.19	5746
or division (A) or (B) of section 1547.11 of the Revised Code;	5747

(9) A violation of a former law of this state that was	5748
substantially equivalent to division (A) or (B) of section 4511.19	5749
or division (A) or (B) of section 1547.11 of the Revised Code.	5750

(B) "Mandatory jail term" means the mandatory term in jail of	5751
three, six, ten, twenty, thirty, or sixty days that must be	5752
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	5753
of the Revised Code upon an offender convicted of a violation of	5754
division (A) of that section and in relation to which all of the	5755
following apply:	5756

(1) Except as specifically authorized under section 4511.19	5757
of the Revised Code, the term must be served in a jail.	5758

(2) Except as specifically authorized under section 4511.19	5759
of the Revised Code, the term cannot be suspended, reduced, or	5760
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	5761
other provision of the Revised Code.	5762

(C) "Municipal OVI ordinance" and "municipal OVI offense"	5763
mean any municipal ordinance prohibiting a person from operating a	5764
vehicle while under the influence of alcohol, a drug of abuse, or	5765
a combination of them or prohibiting a person from operating a	5766
vehicle with a prohibited concentration of alcohol, a controlled	5767
substance, or a metabolite of a controlled substance in the whole	5768
blood, blood serum or plasma, breath, or urine.	5769

(D) "Community residential sanction," "continuous alcohol	5770
monitoring," "jail," "mandatory prison term," "mandatory term of	5771
local incarceration," "sanction," and "prison term" have the same	5772
meanings as in section 2929.01 of the Revised Code.	5773

(E) "Drug of abuse" has the same meaning as in section	5774
4506.01 of the Revised Code.	5775

(F) "Equivalent offense that is vehicle-related" means an	5776
equivalent offense that is any of the following:	5777

(1) A violation described in division (A)(1), (2), (3), (4),	5778
or (5) of this section;	5779

(2) A violation of an existing or former municipal ordinance,	5780
law of another state, or law of the United States that is	5781
substantially equivalent to division (A) or (B) of section 4511.19	5782
of the Revised Code;	5783

(3) A violation of a former law of this state that was	5784
substantially equivalent to division (A) or (B) of section 4511.19	5785
of the Revised Code.	5786

Sec. 4511.191. (A)(1) As used in this section:

5787

(a) "Physical control" has the same meaning as in section	5788
4511.194 of the Revised Code.	5789

(b) "Alcohol monitoring device" means any device that	5790
provides for continuous alcohol monitoring, any ignition interlock	5791
device, any immobilizing or disabling device other than an	5792
ignition interlock device that is constantly available to monitor	5793
the concentration of alcohol in a person's system, or any other	5794
device that provides for the automatic testing and periodic	5795
reporting of alcohol consumption by a person and that a court	5796
orders a person to use as a sanction imposed as a result of the	5797
person's conviction of or plea of guilty to an offense.	5798

(2) Any person who operates a vehicle, streetcar, or	5799
trackless trolley upon a highway or any public or private property	5800
used by the public for vehicular travel or parking within this	5801
state or who is in physical control of a vehicle, streetcar, or	5802
trackless trolley shall be deemed to have given consent to a	5803
chemical test or tests of the person's whole blood, blood serum or	5804
plasma, breath, or urine to determine the alcohol, drug of abuse,	5805
controlled substance, metabolite of a controlled substance, or	5806
combination content of the person's whole blood, blood serum or	5807
plasma, breath, or urine if arrested for a violation of division	5808
(A) or (B) of section 4511.19 of the Revised Code, section	5809
4511.194 of the Revised Code or a substantially equivalent	5810
municipal ordinance, or a municipal OVI ordinance.	5811

(3) The chemical test or tests under division (A)(2) of this	5812
section shall be administered at the request of a law enforcement	5813
officer having reasonable grounds to believe the person was	5814
operating or in physical control of a vehicle, streetcar, or	5815
trackless trolley in violation of a division, section, or	5816
ordinance identified in division (A)(2) of this section. The law	5817
enforcement agency by which the officer is employed shall	5818
designate which of the tests shall be administered.	5819

(4) Any person who is dead or unconscious, or who otherwise	5820
is in a condition rendering the person incapable of refusal, shall	5821
be deemed to have consented as provided in division (A)(2) of this	5822
section, and the test or tests may be administered, subject to	5823
sections 313.12 to 313.16 of the Revised Code.	5824

(5)(a) If a law enforcement officer arrests a person for a	5825
violation of division (A) or (B) of section 4511.19 of the Revised	5826
Code, section 4511.194 of the Revised Code or a substantially	5827
equivalent municipal ordinance, or a municipal OVI ordinance and	5828
if the person if convicted would be required to be sentenced under	5829
division (G)(1)(c), (d), or (e) of section 4511.19 of the	5830
Revised Code, the law enforcement officer shall request the	5831
person to submit, and the person shall submit, to a chemical	5832
test or tests of the person's whole blood, blood serum or	5833
plasma, breath, or urine for the purpose of determining the	5834
alcohol, drug of abuse, controlled substance, metabolite of a	5835
controlled substance, or combination content of the person's	5836
whole blood, blood serum or plasma, breath, or urine. A law	5837
enforcement officer who makes a request pursuant to this	5838
division that a person submit to a chemical test or tests is not	5839
required to advise the person of the consequences of submitting	5840
to, or refusing to submit to, the test or tests and is not	5841
required to give the person the form described in division (B) of	5842
section 4511.192 of the Revised Code, but the officer shall	5843
advise the person at the time of the arrest that if the person	5844
refuses to take a chemical test the officer may employ whatever	5845
reasonable means are necessary to ensure that the person submits	5846
to a chemical test of the person's whole blood or blood serum or	5847
plasma. The officer shall also advise the person at the time of	5848
the arrest that the person may have an independent chemical test	5849
taken at the person's own expense. Divisions (A)(3) and (4) of	5850
this section apply to the administration of a chemical test or	5851
tests pursuant to this division.	5852

(b) If a person refuses to submit to a chemical test upon a	5853
request made pursuant to division (A)(5)(a) of this section, the	5854
law enforcement officer who made the request may employ whatever	5855
reasonable means are necessary to ensure that the person submits	5856
to a chemical test of the person's whole blood or blood serum or	5857
plasma. A law enforcement officer who acts pursuant to this	5858
division to ensure that a person submits to a chemical test of the	5859
person's whole blood or blood serum or plasma is immune from	5860
criminal and civil liability based upon a claim for assault and	5861
battery or any other claim for the acts, unless the officer so	5862
acted with malicious purpose, in bad faith, or in a wanton or	5863
reckless manner.	5864

(B)(1) Upon receipt of the sworn report of a law enforcement	5865
officer who arrested a person for a violation of division (A) or	5866
(B) of section 4511.19 of the Revised Code, section 4511.194 of	5867
the Revised Code or a substantially equivalent municipal	5868
ordinance, or a municipal OVI ordinance that was completed and	5869
sent to the registrar and a court pursuant to section 4511.192 of	5870
the Revised Code in regard to a person who refused to take the	5871
designated chemical test, the registrar shall enter into the	5872
registrar's records the fact that the person's driver's or	5873
commercial driver's license or permit or nonresident operating	5874
privilege was suspended by the arresting officer under this	5875
division and that section and the period of the suspension, as	5876
determined under this section. The suspension shall be subject to	5877
appeal as provided in section 4511.197 of the Revised Code. The	5878
suspension shall be for whichever of the following periods	5879
applies:	5880

(a) Except when division (B)(1)(b), (c), or (d) of this	5881
section applies and specifies a different class or length of	5882
suspension, the suspension shall be a class C suspension for the	5883
period of time specified in division (B)(3) of section 4510.02 of	5884
the Revised Code.	5885

(b) If the arrested person, within six years of the date on	5886
which the person refused the request to consent to the chemical	5887
test, had refused one previous request to consent to a chemical	5888
test or had been convicted of or pleaded guilty to one violation	5889
of division (A) or (B) of section 4511.19 of the Revised Code or	5890
one other equivalent offense, the suspension shall be a class B	5891
suspension imposed for the period of time specified in division	5892
(B)(2) of section 4510.02 of the Revised Code.	5893

(c) If the arrested person, within six years of the date on	5894
which the person refused the request to consent to the chemical	5895
test, had refused two previous requests to consent to a chemical	5896
test, had been convicted of or pleaded guilty to two violations of	5897
division (A) or (B) of section 4511.19 of the Revised Code or	5898
other equivalent offenses, or had refused one previous request to	5899
consent to a chemical test and also had been convicted of or	5900
pleaded guilty to one violation of division (A) or (B) of section	5901
4511.19 of the Revised Code or other equivalent offenses, which	5902
violation or offense arose from an incident other than the	5903
incident that led to the refusal, the suspension shall be a class	5904
A suspension imposed for the period of time specified in division	5905
(B)(1) of section 4510.02 of the Revised Code.	5906

(d) If the arrested person, within six years of the date on	5907
which the person refused the request to consent to the chemical	5908
test, had refused three or more previous requests to consent to a	5909
chemical test, had been convicted of or pleaded guilty to three or	5910
more violations of division (A) or (B) of section 4511.19 of the	5911
Revised Code or other equivalent offenses, or had refused a number	5912
of previous requests to consent to a chemical test and also had	5913
been convicted of or pleaded guilty to a number of violations of	5914
division (A) or (B) of section 4511.19 of the Revised Code or	5915
other equivalent offenses that cumulatively total three or more	5916
such refusals, convictions, and guilty pleas, the suspension shall	5917
be for five years.	5918

(2) The registrar shall terminate a suspension of the	5919
driver's or commercial driver's license or permit of a resident or	5920
of the operating privilege of a nonresident, or a denial of a	5921
driver's or commercial driver's license or permit, imposed	5922
pursuant to division (B)(1) of this section upon receipt of notice	5923
that the person has entered a plea of guilty to, or that the	5924
person has been convicted after entering a plea of no contest to,	5925
operating a vehicle in violation of section 4511.19 of the Revised	5926
Code or in violation of a municipal OVI ordinance, if the offense	5927
for which the conviction is had or the plea is entered arose from	5928
the same incident that led to the suspension or denial.	5929

The registrar shall credit against any judicial suspension of	5930
a person's driver's or commercial driver's license or permit or	5931
nonresident operating privilege imposed pursuant to section	5932
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	5933
Revised Code for a violation of a municipal OVI ordinance, any	5934
time during which the person serves a related suspension imposed	5935
pursuant to division (B)(1) of this section.	5936

(C)(1) Upon receipt of the sworn report of the law	5937
enforcement officer who arrested a person for a violation of	5938
division (A) or (B) of section 4511.19 of the Revised Code or a	5939
municipal OVI ordinance that was completed and sent to the	5940
registrar and a court pursuant to section 4511.192 of the Revised	5941
Code in regard to a person whose test results indicate that the	5942
person's whole blood, blood serum or plasma, breath, or urine	5943
contained at least the concentration of alcohol specified in	5944
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	5945
Revised Code or at least the concentration of a listed controlled	5946
substance or a listed metabolite of a controlled substance	5947
specified in division (A)(1)(j) of section 4511.19 of the Revised	5948
Code, the registrar shall enter into the registrar's records the	5949
fact that the person's driver's or commercial driver's license or	5950
permit or nonresident operating privilege was suspended by the	5951
arresting officer under this division and section 4511.192 of the	5952
Revised Code and the period of the suspension, as determined	5953
under divisions (C)(1)(a) to (d) of this section. The suspension	5954
shall be subject to appeal as provided in section 4511.197 of the	5955
Revised Code. The suspension described in this division does not	5956
apply to, and shall not be imposed upon, a person arrested for a	5957
violation of section 4511.194 of the Revised Code or a	5958
substantially equivalent municipal ordinance who submits to a	5959
designated chemical test. The suspension shall be for whichever of	5960
the following periods applies:	5961

(a) Except when division (C)(1)(b), (c), or (d) of this	5962
section applies and specifies a different period, the suspension	5963
shall be a class E suspension imposed for the period of time	5964
specified in division (B)(5) of section 4510.02 of the Revised	5965
Code.	5966

(b) The suspension shall be a class C suspension for the	5967
period of time specified in division (B)(3) of section 4510.02 of	5968
the Revised Code if the person has been convicted of or pleaded	5969
guilty to, within six years of the date the test was conducted,	5970
one violation of division (A) or (B) of section 4511.19 of the	5971
Revised Code or one other equivalent offense.	5972

(c) If, within six years of the date the test was conducted,	5973
the person has been convicted of or pleaded guilty to two	5974
violations of a statute or ordinance described in division	5975
(C)(1)(b) of this section, the suspension shall be a class B	5976
suspension imposed for the period of time specified in division	5977
(B)(2) of section 4510.02 of the Revised Code.	5978

(d) If, within six years of the date the test was conducted,	5979
the person has been convicted of or pleaded guilty to more than	5980
two violations of a statute or ordinance described in division	5981
(C)(1)(b) of this section, the suspension shall be a class A	5982
suspension imposed for the period of time specified in division	5983
(B)(1) of section 4510.02 of the Revised Code.	5984

(2) The registrar shall terminate a suspension of the	5985
driver's or commercial driver's license or permit of a resident or	5986
of the operating privilege of a nonresident, or a denial of a	5987
driver's or commercial driver's license or permit, imposed	5988
pursuant to division (C)(1) of this section upon receipt of notice	5989
that the person has entered a plea of guilty to, or that the	5990
person has been convicted after entering a plea of no contest to,	5991
operating a vehicle in violation of section 4511.19 of the Revised	5992
Code or in violation of a municipal OVI ordinance, if the offense	5993
for which the conviction is had or the plea is entered arose from	5994
the same incident that led to the suspension or denial.	5995

The registrar shall credit against any judicial suspension of	5996
a person's driver's or commercial driver's license or permit or	5997
nonresident operating privilege imposed pursuant to section	5998
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	5999
Revised Code for a violation of a municipal OVI ordinance, any	6000
time during which the person serves a related suspension imposed	6001
pursuant to division (C)(1) of this section.	6002

(D)(1) A suspension of a person's driver's or commercial	6003
driver's license or permit or nonresident operating privilege	6004
under this section for the time described in division (B) or (C)	6005
of this section is effective immediately from the time at which	6006
the arresting officer serves the notice of suspension upon the	6007
arrested person. Any subsequent finding that the person is not	6008
guilty of the charge that resulted in the person being requested	6009
to take the chemical test or tests under division (A) of this	6010
section does not affect the suspension.	6011

(2) If a person is arrested for operating a vehicle,	6012
streetcar, or trackless trolley in violation of division (A) or	6013
(B) of section 4511.19 of the Revised Code or a municipal OVI	6014
ordinance, or for being in physical control of a vehicle,	6015
streetcar, or trackless trolley in violation of section 4511.194	6016
of the Revised Code or a substantially equivalent municipal	6017
ordinance, regardless of whether the person's driver's or	6018
commercial driver's license or permit or nonresident operating	6019
privilege is or is not suspended under division (B) or (C) of this	6020
section or Chapter 4510. of the Revised Code, the person's initial	6021
appearance on the charge resulting from the arrest shall be held	6022
within five days of the person's arrest or the issuance of the	6023
citation to the person, subject to any continuance granted by the	6024
court pursuant to section 4511.197 of the Revised Code regarding	6025
the issues specified in that division.	6026

(E) When it finally has been determined under the procedures	6027
of this section and sections 4511.192 to 4511.197 of the Revised	6028
Code that a nonresident's privilege to operate a vehicle within	6029
this state has been suspended, the registrar shall give	6030
information in writing of the action taken to the motor vehicle	6031
administrator of the state of the person's residence and of any	6032
state in which the person has a license.	6033

(F) At the end of a suspension period under this section,	6034
under section 4511.194, section 4511.196, or division (G) of	6035
section 4511.19 of the Revised Code, or under section 4510.07 of	6036
the Revised Code for a violation of a municipal OVI ordinance and	6037
upon the request of the person whose driver's or commercial	6038
driver's license or permit was suspended and who is not otherwise	6039
subject to suspension, cancellation, or disqualification, the	6040
registrar shall return the driver's or commercial driver's license	6041
or permit to the person upon the occurrence of all of the	6042
conditions specified in divisions (F)(1) and (2) of this section:	6043

(1) A showing that the person has proof of financial	6044
responsibility, a policy of liability insurance in effect that	6045
meets the minimum standards set forth in section 4509.51 of the	6046
Revised Code, or proof, to the satisfaction of the registrar, that	6047
the person is able to respond in damages in an amount at least	6048
equal to the minimum amounts specified in section 4509.51 of the	6049
Revised Code.	6050

(2) Subject to the limitation contained in division (F)(3) of	6051
this section, payment by the person to the bureau of motor	6052
vehicles of a license reinstatement fee of four hundred	6053
seventy-five dollars, which fee shall be deposited in the state	6054
treasury and credited as follows:	6055

(a) One hundred twelve dollars and fifty cents shall be	6056
credited to the statewide treatment and prevention fund created by	6057
section 4301.30 of the Revised Code. The fund shall be used to	6058
pay the costs of driver treatment and intervention programs	6059
operated pursuant to sections 3793.02 and 3793.10 of the Revised	6060
Code. The director of alcohol and drug addiction services shall	6061
determine the share of the fund that is to be allocated to alcohol	6062
and drug addiction programs authorized by section 3793.02 of the	6063
Revised Code, and the share of the fund that is to be allocated to	6064
drivers' intervention programs authorized by section 3793.10 of	6065
the Revised Code.	6066

(b) Seventy-five dollars shall be credited to the reparations	6067
fund created by section 2743.191 of the Revised Code.	6068

(c) Thirty-seven dollars and fifty cents shall be credited to	6069
the indigent drivers alcohol treatment fund, which is hereby	6070
established. Except as otherwise provided in division (F)(2)(c) of	6071
this section, moneys in the fund shall be distributed by the	6072
department of alcohol and drug addiction services to the county	6073
indigent drivers alcohol treatment funds, the county juvenile	6074
indigent drivers alcohol treatment funds, and the municipal	6075
indigent drivers alcohol treatment funds that are required to be	6076
established by counties and municipal corporations pursuant to	6077
this section, and shall be used only to pay the cost of an alcohol	6078
and drug addiction treatment program attended by an offender or	6079
juvenile traffic offender who is ordered to attend an alcohol and	6080
drug addiction treatment program by a county, juvenile, or	6081
municipal court judge and who is determined by the county,	6082
juvenile, or municipal court judge not to have the means to pay	6083
for the person's attendance at the program or to pay the costs	6084
specified in division (H)(4) of this section in accordance with	6085
that division. In addition, a county, juvenile, or municipal court	6086
judge may use moneys in the county indigent drivers alcohol	6087
treatment fund, county juvenile indigent drivers alcohol treatment	6088
fund, or municipal indigent drivers alcohol treatment fund to pay	6089
for the cost of the continued use of an alcohol monitoring device	6090
as described in divisions (H)(3) and (4) of this section. Moneys	6091
in the fund that are not distributed to a county indigent drivers	6092
alcohol treatment fund, a county juvenile indigent drivers alcohol	6093
treatment fund, or a municipal indigent drivers alcohol treatment	6094
fund under division (H) of this section because the director of	6095
alcohol and drug addiction services does not have the information	6096
necessary to identify the county or municipal corporation where	6097
the offender or juvenile offender was arrested may be transferred	6098
by the director of budget and management to the statewide	6099
treatment and prevention fund created by section 4301.30 of the	6100
Revised Code, upon certification of the amount by the director of	6101
alcohol and drug addiction services.	6102

(d) Seventy-five dollars shall be credited to the Ohio	6103
rehabilitation services commission established by section 3304.12	6104
of the Revised Code, to the services for rehabilitation fund,	6105
which is hereby established. The fund shall be used to match	6106
available federal matching funds where appropriate, and for any	6107
other purpose or program of the commission to rehabilitate people	6108
with disabilities to help them become employed and independent.	6109

(e) Seventy-five dollars shall be deposited into the state	6110
treasury and credited to the drug abuse resistance education	6111
programs fund, which is hereby established, to be used by the	6112
attorney general for the purposes specified in division (F)(4) of	6113
this section.	6114

(f) Thirty dollars shall be credited to the state bureau of	6115
motor vehicles fund created by section 4501.25 of the Revised	6116
Code.	6117

(g) Twenty dollars shall be credited to the trauma and	6118
emergency medical services grants fund created by section 4513.263	6119
of the Revised Code.	6120

(h) Fifty dollars shall be credited to the indigent drivers	6121
interlock and alcohol monitoring fund, which is hereby established	6122
in the state treasury. Monies in the fund shall be distributed by	6123
the department of public safety to the county indigent drivers	6124
interlock and alcohol monitoring funds, the county juvenile	6125
indigent drivers interlock and alcohol monitoring funds, and the	6126
municipal indigent drivers interlock and alcohol monitoring funds	6127
that are required to be established by counties and municipal	6128
corporations pursuant to this section, and shall be used only to	6129
pay the cost of an immobilizing or disabling device, including a	6130
certified ignition interlock device, or an alcohol monitoring	6131
device used by an offender or juvenile offender who is ordered to	6132
use the device by a county, juvenile, or municipal court judge and	6133
who is determined by the county, juvenile, or municipal court	6134
judge not to have the means to pay for the person's use of the	6135
device.	6136

(3) If a person's driver's or commercial driver's license or	6137
permit is suspended under this section, under section 4511.196 or	6138
division (G) of section 4511.19 of the Revised Code, under section	6139
4510.07 of the Revised Code for a violation of a municipal OVI	6140
ordinance or under any combination of the suspensions described in	6141
division (F)(3) of this section, and if the suspensions arise from	6142
a single incident or a single set of facts and circumstances, the	6143
person is liable for payment of, and shall be required to pay to	6144
the bureau, only one reinstatement fee of four hundred ~~twenty-five~~	6145
seventy-five dollars. The reinstatement fee shall be distributed	6146
by the bureau in accordance with division (F)(2) of this section.	6147

(4) The attorney general shall use amounts in the drug abuse	6148
resistance education programs fund to award grants to law	6149
enforcement agencies to establish and implement drug abuse	6150
resistance education programs in public schools. Grants awarded to	6151
a law enforcement agency under this section shall be used by the	6152
agency to pay for not more than fifty per cent of the amount of	6153
the salaries of law enforcement officers who conduct drug abuse	6154
resistance education programs in public schools. The attorney	6155
general shall not use more than six per cent of the amounts the	6156
attorney general's office receives under division (F)(2)(e) of	6157
this section to pay the costs it incurs in administering the grant	6158
program established by division (F)(2)(e) of this section and in	6159
providing training and materials relating to drug abuse resistance	6160
education programs.	6161

The attorney general shall report to the governor and the	6162
general assembly each fiscal year on the progress made in	6163
establishing and implementing drug abuse resistance education	6164
programs. These reports shall include an evaluation of the	6165
effectiveness of these programs.	6166

(G) Suspension of a commercial driver's license under	6167
division (B) or (C) of this section shall be concurrent with any	6168
period of disqualification under section 3123.611 or 4506.16 of	6169
the Revised Code or any period of suspension under section 3123.58	6170
of the Revised Code. No person who is disqualified for life from	6171
holding a commercial driver's license under section 4506.16 of the	6172
Revised Code shall be issued a driver's license under Chapter	6173
4507. of the Revised Code during the period for which the	6174
commercial driver's license was suspended under division (B) or	6175
(C) of this section. No person whose commercial driver's license	6176
is suspended under division (B) or (C) of this section shall be	6177
issued a driver's license under Chapter 4507. of the Revised Code	6178
during the period of the suspension.	6179

(H)(1) Each county shall establish an indigent drivers	6180
alcohol treatment fund, each county shall establish a juvenile	6181
indigent drivers alcohol treatment fund, and each municipal	6182
corporation in which there is a municipal court shall establish an	6183
indigent drivers alcohol treatment fund. All revenue that the	6184
general assembly appropriates to the indigent drivers alcohol	6185
treatment fund for transfer to a county indigent drivers alcohol	6186
treatment fund, a county juvenile indigent drivers alcohol	6187
treatment fund, or a municipal indigent drivers alcohol treatment	6188
fund, all portions of fees that are paid under division (F) of	6189
this section and that are credited under that division to the	6190
indigent drivers alcohol treatment fund in the state treasury for	6191
a county indigent drivers alcohol treatment fund, a county	6192
juvenile indigent drivers alcohol treatment fund, or a municipal	6193
indigent drivers alcohol treatment fund, all portions of	6194
additional costs imposed under section 2949.094 of the Revised	6195
Code that are specified for deposit into a county, county	6196
juvenile, or municipal indigent drivers alcohol treatment fund by	6197
that section, and all portions of fines that are specified for	6198
deposit into a county or municipal indigent drivers alcohol	6199
treatment fund by section 4511.193 of the Revised Code shall be	6200
deposited into that county indigent drivers alcohol treatment	6201
fund, county juvenile indigent drivers alcohol treatment fund, or	6202
municipal indigent drivers alcohol treatment fund. The portions of	6203
the fees paid under division (F) of this section that are to be so	6204
deposited shall be determined in accordance with division (H)(2)	6205
of this section. Additionally, all portions of fines that are	6206
paid for a violation of section 4511.19 of the Revised Code or	6207
of any prohibition contained in Chapter 4510. of the Revised	6208
Code, and that are required under section 4511.19 or any provision	6209
of Chapter 4510. of the Revised Code to be deposited into a	6210
county indigent drivers alcohol treatment fund or municipal	6211
indigent drivers alcohol treatment fund shall be deposited into	6212
the appropriate fund in accordance with the applicable division of	6213
the section or provision.	6214

(2) That portion of the license reinstatement fee that is	6215
paid under division (F) of this section and that is credited under	6216
that division to the indigent drivers alcohol treatment fund	6217
shall be deposited into a county indigent drivers alcohol	6218
treatment fund, a county juvenile indigent drivers alcohol	6219
treatment fund, or a municipal indigent drivers alcohol treatment	6220
fund as follows:	6221

(a) Regarding a suspension imposed under this section, that	6222
portion of the fee shall be deposited as follows:	6223

(i) If the fee is paid by a person who was charged in a	6224
county court with the violation that resulted in the suspension	6225
or in the imposition of the court costs, the portion shall be	6226
deposited into the county indigent drivers alcohol treatment fund	6227
under the control of that court;	6228

(ii) If the fee is paid by a person who was charged in a	6229
juvenile court with the violation that resulted in the suspension	6230
or in the imposition of the court costs, the portion shall be	6231
deposited into the county juvenile indigent drivers alcohol	6232
treatment fund established in the county served by the court;	6233

(iii) If the fee is paid by a person who was charged in a	6234
municipal court with the violation that resulted in the	6235
suspension or in the imposition of the court costs, the portion	6236
shall be deposited into the municipal indigent drivers alcohol	6237
treatment fund under the control of that court.	6238

(b) Regarding a suspension imposed under section 4511.19 of	6239
the Revised Code or under section 4510.07 of the Revised Code for	6240
a violation of a municipal OVI ordinance, that portion of the fee	6241
shall be deposited as follows:	6242

(i) If the fee is paid by a person whose license or permit	6243
was suspended by a county court, the portion shall be deposited	6244
into the county indigent drivers alcohol treatment fund under the	6245
control of that court;	6246

(ii) If the fee is paid by a person whose license or permit	6247
was suspended by a municipal court, the portion shall be deposited	6248
into the municipal indigent drivers alcohol treatment fund under	6249
the control of that court.	6250

(3) Expenditures from a county indigent drivers alcohol	6251
treatment fund, a county juvenile indigent drivers alcohol	6252
treatment fund, or a municipal indigent drivers alcohol treatment	6253
fund shall be made only upon the order of a county, juvenile, or	6254
municipal court judge and only for payment of the cost of an	6255
assessment or the cost of the attendance at an alcohol and drug	6256
addiction treatment program of a person who is convicted of, or	6257
found to be a juvenile traffic offender by reason of, a violation	6258
of division (A) of section 4511.19 of the Revised Code or a	6259
substantially similar municipal ordinance, who is ordered by the	6260
court to attend the alcohol and drug addiction treatment program,	6261
and who is determined by the court to be unable to pay the cost of	6262
the assessment or the cost of attendance at the treatment program	6263
or for payment of the costs specified in division (H)(4) of this	6264
section in accordance with that division. The alcohol and drug	6265
addiction services board or the board of alcohol, drug addiction,	6266
and mental health services established pursuant to section 340.02	6267
or 340.021 of the Revised Code and serving the alcohol, drug	6268
addiction, and mental health service district in which the court	6269
is located shall administer the indigent drivers alcohol treatment	6270
program of the court. When a court orders an offender or juvenile	6271
traffic offender to obtain an assessment or attend an alcohol and	6272
drug addiction treatment program, the board shall determine which	6273
program is suitable to meet the needs of the offender or juvenile	6274
traffic offender, and when a suitable program is located and space	6275
is available at the program, the offender or juvenile traffic	6276
offender shall attend the program designated by the board. A	6277
reasonable amount not to exceed five per cent of the amounts	6278
credited to and deposited into the county indigent drivers alcohol	6279
treatment fund, the county juvenile indigent drivers alcohol	6280
treatment fund, or the municipal indigent drivers alcohol	6281
treatment fund serving every court whose program is administered	6282
by that board shall be paid to the board to cover the costs it	6283
incurs in administering those indigent drivers alcohol treatment	6284
programs.	6285

In addition, upon exhaustion of moneys in the indigent	6286
drivers interlock and alcohol monitoring fund for the use of an	6287
alcohol monitoring device, a county, juvenile, or municipal court	6288
judge may use moneys in the county indigent drivers alcohol	6289
treatment fund, county juvenile indigent drivers alcohol	6290
treatment fund, or municipal indigent drivers alcohol treatment	6291
fund in the following manners:	6292

(a) If the source of the moneys was an appropriation of the	6293
general assembly, a portion of a fee that was paid under division	6294
(F) of this section, a portion of a fine that was specified for	6295
deposit into the fund by section 4511.193 of the Revised Code, or	6296
a portion of a fine that was paid for a violation of section	6297
4511.19 of the Revised Code or of a provision contained in Chapter	6298
4510. of the Revised Code that was required to be deposited into	6299
the fund, to pay for the continued use of an alcohol monitoring	6300
device by an offender or juvenile traffic offender, in	6301
conjunction with a treatment program approved by the department	6302
of alcohol and drug addiction services, when such use is	6303
determined clinically necessary by the treatment program and	6304
when the court determines that the offender or juvenile traffic	6305
offender is unable to pay all or part of the daily monitoring or	6306
cost of the device;	6307

(b) If the source of the moneys was a portion of an	6308
additional court cost imposed under section 2949.094 of the	6309
Revised Code, to pay for the continued use of an alcohol	6310
monitoring device by an offender or juvenile traffic offender	6311
when the court determines that the offender or juvenile traffic	6312
offender is unable to pay all or part of the daily monitoring or	6313
cost of the device. The moneys may be used for a device as	6314
described in this division if the use of the device is in	6315
conjunction with a treatment program approved by the department	6316
of alcohol and drug addiction services, when the use of the device	6317
is determined clinically necessary by the treatment program, but	6318
the use of a device is not required to be in conjunction with a	6319
treatment program approved by the department in order for the	6320
moneys to be used for the device as described in this division.	6321

(4) If a county, juvenile, or municipal court determines, in	6322
consultation with the alcohol and drug addiction services board or	6323
the board of alcohol, drug addiction, and mental health services	6324
established pursuant to section 340.02 or 340.021 of the Revised	6325
Code and serving the alcohol, drug addiction, and mental health	6326
district in which the court is located, that the funds in the	6327
county indigent drivers alcohol treatment fund, the county	6328
juvenile indigent drivers alcohol treatment fund, or the municipal	6329
indigent drivers alcohol treatment fund under the control of the	6330
court are more than sufficient to satisfy the purpose for which	6331
the fund was established, as specified in divisions (H)(1) to (3)	6332
of this section, the court may declare a surplus in the fund. If	6333
the court declares a surplus in the fund, the court may expend the	6334
amount of the surplus in the fund for:	6335

(a) Alcohol and drug abuse assessment and treatment of	6336
persons who are charged in the court with committing a criminal	6337
offense or with being a delinquent child or juvenile traffic	6338
offender and in relation to whom both of the following apply:	6339

(i) The court determines that substance abuse was a	6340
contributing factor leading to the criminal or delinquent activity	6341
or the juvenile traffic offense with which the person is charged.	6342

(ii) The court determines that the person is unable to pay	6343
the cost of the alcohol and drug abuse assessment and treatment	6344
for which the surplus money will be used.	6345

(b) All or part of the cost of purchasing alcohol monitoring	6346
devices to be used in conjunction with division (H)(3) of this	6347
section, upon exhaustion of moneys in the indigent drivers	6348
interlock and alcohol monitoring fund for the use of an alcohol	6349
monitoring device.	6350

(5) For the purpose of determining as described in division	6351
(F)(2)(c) of this section whether an offender does not have the	6352
means to pay for the offender's attendance at an alcohol and drug	6353
addiction treatment program or whether an alleged offender or	6354
delinquent child is unable to pay the costs specified in division	6355
(H)(4) of this section, the court shall use the indigent client	6356
eligibility guidelines and the standards of indigency established	6357
by the state public defender to make the determination.	6358

(6) The court shall identify and refer any alcohol and drug	6359
addiction program that is not certified under section 3793.06 of	6360
the Revised Code and that is interested in receiving amounts from	6361
the surplus in the fund declared under division (H)(4) of this	6362
section to the department of alcohol and drug addiction services	6363
in order for the program to become a certified alcohol and drug	6364
addiction program. The department shall keep a record of	6365
applicant referrals received pursuant to this division and shall	6366
submit a report on the referrals each year to the general	6367
assembly. If a program interested in becoming certified makes an	6368
application to become certified pursuant to section 3793.06 of	6369
the Revised Code, the program is eligible to receive surplus	6370
funds as long as the application is pending with the department.	6371
The department of alcohol and drug addiction services must offer	6372
technical assistance to the applicant. If the interested program	6373
withdraws the certification application, the department must	6374
notify the court, and the court shall not provide the interested	6375
program with any further surplus funds.	6376

(I)(1) Each county shall establish an indigent drivers	6377
interlock and alcohol monitoring fund and a juvenile indigent	6378
drivers interlock and alcohol treatment fund, and each municipal	6379
corporation in which there is a municipal court shall establish an	6380
indigent drivers interlock and alcohol monitoring fund. All	6381
revenue that the general assembly appropriates to the indigent	6382
drivers interlock and alcohol monitoring fund for transfer to a	6383
county indigent drivers interlock and alcohol monitoring fund, a	6384
county juvenile indigent drivers interlock and alcohol monitoring	6385
fund, or a municipal indigent drivers interlock and alcohol	6386
monitoring fund, all portions of license reinstatement fees that	6387
are paid under division (F)(2) of this section and that are	6388
credited under that division to the indigent drivers interlock and	6389
alcohol monitoring fund in the state treasury, and all portions of	6390
fines that are paid under division (G) of section 4511.19 of the	6391
Revised Code and that are credited by division (G)(5)(e) of that	6392
section to the indigent drivers interlock and alcohol monitoring	6393
fund in the state treasury shall be deposited in the appropriate	6394
fund in accordance with division (I)(2) of this section.	6395

(2) That portion of the license reinstatement fee that is	6396
paid under division (F) of this section and that portion of the	6397
fine paid under division (G) of section 4511.19 of the Revised	6398
Code and that is credited under either division to the indigent	6399
drivers interlock and alcohol monitoring fund shall be deposited	6400
into a county indigent drivers interlock and alcohol monitoring	6401
fund, a county juvenile indigent drivers interlock and alcohol	6402
monitoring fund, or a municipal indigent drivers interlock and	6403
alcohol monitoring fund as follows:	6404

(a) If the fee or fine is paid by a person who was charged in	6405
a county court with the violation that resulted in the suspension	6406
or fine, the portion shall be deposited into the county indigent	6407
drivers interlock and alcohol monitoring fund under the control of	6408
that court.	6409

(b) If the fee or fine is paid by a person who was charged in	6410
a juvenile court with the violation that resulted in the	6411
suspension or fine, the portion shall be deposited into the county	6412
juvenile indigent drivers interlock and alcohol monitoring fund	6413
established in the county served by the court.	6414

(c) If the fee or fine is paid by a person who was charged in	6415
a municipal court with the violation that resulted in the	6416
suspension, the portion shall be deposited into the municipal	6417
indigent drivers interlock and alcohol monitoring fund under the	6418
control of that court.	6419

Sec. 4511.213. (A) The driver of a motor vehicle, upon	6420
approaching a stationary public safety vehicle, an emergency	6421
vehicle, or a road service vehicle that is displaying ~~a flashing~~	6422
~~red light, flashing combination red and white light, oscillating~~	6423
~~or rotating red light, oscillating or rotating combination red~~	6424
~~and white light, flashing blue light,~~the appropriate visual	6425
signals by means of flashing ~~combination blue and white light,~~	6426
~~oscillating or rotating blue light, or~~, oscillating, or rotating	6427
~~combination blue and white light~~lights, as prescribed in section	6428
4513.17 of the Revised Code, shall do either of the following:	6429

(1) If the driver of the motor vehicle is traveling on a	6430
highway that consists of at least two lanes that carry traffic in	6431
the same direction of travel as that of the driver's motor	6432
vehicle, the driver shall proceed with due caution and, if	6433
possible and with due regard to the road, weather, and traffic	6434
conditions, shall change lanes into a lane that is not adjacent to	6435
that of the stationary public safety vehicle, an emergency	6436
vehicle, or a road service vehicle.	6437

(2) If the driver is not traveling on a highway of a type	6438
described in division (A)(1) of this section, or if the driver is	6439
traveling on a highway of that type but it is not possible to	6440
change lanes or if to do so would be unsafe, the driver shall	6441
proceed with due caution, reduce the speed of the motor vehicle,	6442
and maintain a safe speed for the road, weather, and traffic	6443
conditions.	6444

(B) This section does not relieve the driver of a public	6445
safety vehicle, an emergency vehicle, or a road service vehicle	6446
from the duty to drive with due regard for the safety of all	6447
persons and property upon the highway.	6448

(C) No person shall fail to drive a motor vehicle in	6449
compliance with division (A)(1) or (2) of this section when so	6450
required by division (A) of this section.	6451

(D)(1) Except as otherwise provided in this division, whoever	6452
violates this section is guilty of a minor misdemeanor. If, within	6453
one year of the offense, the offender previously has been	6454
convicted of or pleaded guilty to one predicate motor vehicle or	6455
traffic offense, whoever violates this section is guilty of a	6456
misdemeanor of the fourth degree. If, within one year of the	6457
offense, the offender previously has been convicted of two or more	6458
predicate motor vehicle or traffic offenses, whoever violates this	6459
section is guilty of a misdemeanor of the third degree.	6460

(2) Notwithstanding section 2929.28 of the Revised Code, upon	6461
a finding that a person operated a motor vehicle in violation of	6462
division (C) of this section, the court, in addition to all other	6463
penalties provided by law, shall impose a fine of two times the	6464
usual amount imposed for the violation.	6465

~~(E) As used in this section, "public safety vehicle" has the~~	6466
~~same meaning as in section 4511.01 of the Revised Code.~~	6467

Sec. 4513.03. (A) Every vehicle, other than a motorized	6468
bicycle, operated upon a street or highway within this state shall	6469
display lighted lights and illuminating devices as required by	6470
sections 4513.04 to 4513.37 of the Revised Code during all of the	6471
following times:	6472

(1) The time from sunset to sunrise~~, and at~~;

6473

(2) At any other time when ~~there are~~, due to insufficient	6474
natural light or unfavorable atmospheric conditions ~~or when there~~	6475
~~is not sufficient natural light to render discernible~~, persons,	6476
vehicles, and substantial objects on the highway are not	6477
discernible at a distance of one thousand feet ahead~~, shall~~	6478
~~display lighted lights and illuminating devices as required by~~	6479
~~sections 4513.04 to 4513.37 of the Revised Code, for different~~	6480
~~classes of vehicles; except that every~~;	6481

(3) At any time when the windshield wipers of the vehicle are	6482
in use because of precipitation on the windshield.	6483

Every motorized bicycle shall display at such times lighted	6484
lights meeting the rules adopted by the director of public safety	6485
under section 4511.521 of the Revised Code. No motor vehicle,	6486
during ~~such times~~any time specified in this section, shall be	6487
operated upon a street or highway within this state using only	6488
parking lights as illumination.	6489

Whenever in such sections a requirement is declared as to the	6490
distance from which certain lamps and devices shall render objects	6491
visible, or within which such lamps or devices shall be visible,	6492
such distance shall be measured upon a straight level unlighted	6493
highway under normal atmospheric conditions unless a different	6494
condition is expressly stated.	6495

Whenever in such sections a requirement is declared as to the	6496
mounted height of lights or devices, it shall mean from the center	6497
of such light or device to the level ground upon which the vehicle	6498
stands.	6499

(B) Whoever violates this section shall be punished as	6500
provided in section 4513.99 of the Revised Code.	6501

Sec. 4513.263. (A) As used in this section and in section	6502
4513.99 of the Revised Code:	6503

(1) "Automobile" means any commercial tractor, passenger car,	6504
commercial car, or truck that is required to be factory-equipped	6505
with an occupant restraining device for the operator or any	6506
passenger by regulations adopted by the United States secretary of	6507
transportation pursuant to the "National Traffic and Motor Vehicle	6508
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	6509

(2) "Occupant restraining device" means a seat safety belt,	6510
shoulder belt, harness, or other safety device for restraining a	6511
person who is an operator of or passenger in an automobile and	6512
that satisfies the minimum federal vehicle safety standards	6513
established by the United States department of transportation.	6514

(3) "Passenger" means any person in an automobile, other than	6515
a child and other than its operator, who is occupying a seating	6516
position ~~for which an occupant restraining device is provided~~.	6517

(4) "Child" means any person under the age of sixteen years	6518
who is occupying a seating position.	6519

(5) "Seating position" means any motor vehicle interior	6520
space.	6521

(6) "Commercial tractor," "passenger car," and "commercial	6522
car" have the same meanings as in section 4501.01 of the Revised	6523
Code.	6524

~~(5)~~(7) "Vehicle" and "motor vehicle," as used in the	6525
definitions of the terms set forth in division (A)~~(4)~~(6) of this	6526
section, have the same meanings as in section 4511.01 of the	6527
Revised Code.	6528

~~(6)~~(8) "Tort action" means a civil action for damages for	6529
injury, death, or loss to person or property. "Tort action"	6530
includes a product liability claim, as defined in section 2307.71	6531
of the Revised Code, and an asbestos claim, as defined in section	6532
2307.91 of the Revised Code, but does not include a civil action	6533
for damages for breach of contract or another agreement between	6534
persons.	6535

(B) No person shall do any of the following:

6536

(1) Operate an automobile on any street or highway unless	6537
that person is wearing all of the available elements of a properly	6538
adjusted occupant restraining device, or operate a school bus that	6539
has an occupant restraining device installed for use in its	6540
operator's seat unless that person is wearing all of the available	6541
elements of the device, as properly adjusted;	6542

(2) Operate an automobile on any street or highway unless	6543
each passenger in the automobile ~~who is subject to~~occupying a	6544
seating position in the ~~requirement set forth in division (B)(3)~~	6545
~~of this section~~front seat area of the automobile is wearing all	6546
of the available elements of a properly adjusted occupant	6547
restraining device;	6548

(3) Operate an automobile on any street or highway unless	6549
each child occupying a seating position in the front seat area of	6550
an automobile is secured in a child restraint device, secured in a	6551
booster seat, or restrained either in accordance with the	6552
manufacturer's instructions in a child restraint system that meets	6553
federal motor vehicle safety standards or in an occupant	6554
restraining device.	6555

(4) Occupy, as a passenger, a seating position onin the	6556
front seat area of an automobile being operated on any street or	6557
highway unless that person is wearing all of the available	6558
elements of a properly adjusted occupant restraining device;	6559

~~(4)~~(5) Operate a taxicab on any street or highway unless all	6560
factory-equipped occupant restraining devices in the taxicab are	6561
maintained in usable form.	6562

(C) Division (B)(3) of this section ~~does not apply~~applies to	6563
~~a person who is required by~~any child occupying a seating position	6564
in the front seat area of an automobile, notwithstanding any	6565
provision of law to the contrary, including section 4511.81 of the	6566
Revised Code ~~to be secured in a child restraint device or booster~~	6567
~~seat~~. Division (B)(1) of this section does not apply to a person	6568
who is an employee of the United States postal service or of a	6569
newspaper home delivery service, during any period in which the	6570
person is engaged in the operation of an automobile to deliver	6571
mail or newspapers to addressees. Divisions (B)(1) and ~~(3)~~(4) of	6572
this section do not apply to a person who has an affidavit signed	6573
by a physician licensed to practice in this state under Chapter	6574
4731. of the Revised Code or a chiropractor licensed to practice	6575
in this state under Chapter 4734. of the Revised Code that states	6576
that the person has a physical impairment that makes use of an	6577
occupant restraining device impossible or impractical.	6578

(D) ~~Notwithstanding any provision of law to the contrary, no~~	6579
A law enforcement officer ~~shall~~may cause anthe operator of an	6580
automobile being operated on any street or highway to stop the	6581
automobile ~~for~~solely because the ~~sole purpose of determining~~	6582
~~whether~~officer observes that a violation of division (B) of this	6583
section has been or is being committed ~~or for the sole purpose of~~	6584
~~issuing a ticket, citation, or summons for a violation of that~~	6585
~~nature or causing the arrest of or commencing a prosecution of a~~	6586
~~person for a violation of that nature, and no law enforcement~~	6587
~~officer shall view the interior or visually inspect any automobile~~	6588
~~being operated on any street or highway for the sole purpose of~~	6589
~~determining whether a~~in the same manner as any other motor	6590
vehicle traffic violation ~~of that nature has been or is being~~	6591
~~committed~~. A stop of an automobile by a law enforcement officer	6592
for a violation of division (B) of this section does not by itself	6593
constitute probable cause to conduct a search of the automobile.	6594

(E) All fines collected for violations of division (B) of	6595
this section, or for violations of any ordinance or resolution of	6596
a political subdivision that is substantively comparable to that	6597
division, shall be forwarded to the treasurer of state for deposit	6598
as follows:	6599

(1) Eight per cent shall be deposited into the seat belt	6600
education fund, which is hereby created in the state treasury, and	6601
shall be used by the department of public safety to establish a	6602
seat belt education program.	6603

(2) Eight per cent shall be deposited into the elementary	6604
school program fund, which is hereby created in the state	6605
treasury, and shall be used by the department of public safety to	6606
establish and administer elementary school programs that encourage	6607
seat safety belt use.	6608

(3) Two per cent shall be deposited into the occupational	6609
licensing and regulatory fund created by section 4743.05 of the	6610
Revised Code.	6611

(4) Twenty-eight per cent, plus one dollar and twenty-five	6612
cents of each fee collected under sections 4501.34, 4503.26,	6613
4506.08, and 4509.05, plus on and after October 1, 2009, one	6614
dollar and twenty-five cents of each fee collected under sections	6615
1548.14, 4505.14, and 4519.63 of the Revised Code as specified in	6616
those sections, shall be deposited into the trauma and emergency	6617
medical services fund, which is hereby created in the state	6618
treasury, and shall be used by the department of public safety for	6619
the administration of the division of emergency medical services	6620
and the state board of emergency medical services, except that the	6621
director of budget and management may transfer excess money from	6622
the trauma and emergency medical services fund to the state	6623
highway safety fund if the director of public safety determines	6624
that the amount of money in the trauma and emergency medical	6625
services fund exceeds the amount required to cover such costs	6626
incurred by the emergency medical services agency and requests	6627
the director of budget and management to make the transfer.	6628

(5) Fifty-four per cent shall be deposited into the trauma	6629
and emergency medical services grants fund, which is hereby	6630
created in the state treasury, and shall be used by the state	6631
board of emergency medical services to make grants, in accordance	6632
with section 4765.07 of the Revised Code and rules the board	6633
adopts under section 4765.11 of the Revised Code.	6634

(F)(1) Subject to division (F)(2) of this section, the	6635
failure of a person to wear all of the available elements of a	6636
properly adjusted occupant restraining device in violation of	6637
division (B)(1) or ~~(3)~~(4) of this section or the failure of a	6638
person to ensure that each minor who is a passenger of an	6639
automobile being operated by that person is wearing all of the	6640
available elements of a properly adjusted occupant restraining	6641
device in violation of division (B)(2) of this section shall not	6642
be considered or used by the trier of fact in a tort action as	6643
evidence of negligence or contributory negligence. But, the trier	6644
of fact may determine based on evidence admitted consistent with	6645
the Ohio Rules of Evidence that the failure contributed to the	6646
harm alleged in the tort action and may diminish a recovery of	6647
compensatory damages that represents noneconomic loss, as defined	6648
in section 2307.011 of the Revised Code, in a tort action that	6649
could have been recovered but for the plaintiff's failure to wear	6650
all of the available elements of a properly adjusted occupant	6651
restraining device. Evidence of that failure shall not be used as	6652
a basis for a criminal prosecution of the person other than a	6653
prosecution for a violation of this section; and shall not be	6654
admissible as evidence in a criminal action involving the person	6655
other than a prosecution for a violation of this section.	6656

(2) If, at the time of an accident involving a passenger car	6657
equipped with occupant restraining devices, any occupant of the	6658
passenger car who sustained injury or death was not wearing an	6659
available occupant restraining device, was not wearing all of the	6660
available elements of such a device, or was not wearing such a	6661
device as properly adjusted, then, consistent with the Rules of	6662
Evidence, the fact that the occupant was not wearing the available	6663
occupant restraining device, was not wearing all of the available	6664
elements of such a device, or was not wearing such a device as	6665
properly adjusted is admissible in evidence in relation to any	6666
claim for relief in a tort action to the extent that the claim for	6667
relief satisfies all of the following:	6668

(a) It seeks to recover damages for injury or death to the	6669
occupant.	6670

(b) The defendant in question is the manufacturer, designer,	6671
distributor, or seller of the passenger car.	6672

(c) The claim for relief against the defendant in question is	6673
that the injury or death sustained by the occupant was enhanced or	6674
aggravated by some design defect in the passenger car or that the	6675
passenger car was not crashworthy.	6676

(G)(1) Whoever violates division (B)(1), (2), or (4) of this	6677
section shall be fined thirty dollars.	6678

(2) Whoever violates division (B)(3) of this section is	6679
guilty of a minor misdemeanor and shall be fined ~~twenty~~not less	6680
than twenty-five dollars. If the offender previously has been	6681
convicted of or pleaded guilty to a violation of division (B)(3)	6682
of this section, section 4511.81 of the Revised Code, or a	6683
municipal ordinance that is substantially similar to that division	6684
or section, the offender is guilty of a misdemeanor of the fourth	6685
degree.	6686

(3) Except as otherwise provided in this division, whoever	6687
violates division (B)~~(4)~~(5) of this section is guilty of a minor	6688
misdemeanor. If the offender previously has been convicted of or	6689
pleaded guilty to a violation of division (B)~~(4)~~(5) of this	6690
section, whoever violates division (B)~~(4)~~(5) of this section is	6691
guilty of a misdemeanor of the third degree.	6692

Sec. 4519.02. (A) Except as provided in divisions (B), (C),	6693
and (D) of this section, no person shall operate any snowmobile,	6694
off-highway motorcycle, or all-purpose vehicle within this state	6695
unless the snowmobile, off-highway motorcycle, or all-purpose	6696
vehicle is registered and numbered in accordance with sections	6697
4519.03 and 4519.04 of the Revised Code.	6698

(B)(1) No registration is required for a snowmobile,or	6699
off-highway motorcycle~~, or all-purpose vehicle~~ that is operated	6700
exclusively upon lands owned by the owner of the snowmobile,or	6701
off-highway motorcycle, ~~or all-purpose vehicle,~~ or on lands to	6702
which the owner of the snowmobile or off-highway motorcycle has a	6703
contractual right.	6704

(2) No registration is required for an all-purpose vehicle	6705
that is used primarily on a farm as a farm implement.	6706

(C) No registration is required for a snowmobile, off-highway	6707
motorcycle, or all-purpose vehicle owned and used in this state by	6708
a resident of another state whenever that state has in effect a	6709
registration law similar to this chapter and the snowmobile,	6710
off-highway motorcycle, or all-purpose vehicle is properly	6711
registered under that state's law. Any snowmobile, off-highway	6712
motorcycle, or all-purpose vehicle owned and used in this state by	6713
a resident of a state not having a registration law similar to	6714
this chapter shall comply with section 4519.09 of the Revised	6715
Code.	6716

(D) No registration is required for a snowmobile, off-highway	6717
motorcycle, or all-purpose vehicle owned and used in this state by	6718
the United States, another state, or a political subdivision	6719
thereof, but the snowmobile, off-highway motorcycle, or	6720
all-purpose vehicle shall display the name of the owner thereon.	6721

(E) The owner or operator of any all-purpose vehicle operated	6722
or used upon the waters in this state shall comply with Chapters	6723
1547. and 1548. of the Revised Code relative to the operation of	6724
watercraft.	6725

(F) Except as otherwise provided in this division, whoever	6726
violates division (A) of this section shall be fined not ~~more~~less	6727
than ~~twenty-five~~fifty dollars but not more than one hundred	6728
dollars. ~~If the offender previously has been convicted of or~~	6729
~~pleaded guilty to a violation of division (A) of this section,~~	6730
~~whoever violates division (A) of this section shall be fined not~~	6731
~~less than twenty-five nor more than fifty dollars.~~	6732

Sec. 4519.03. (A) The owner of every snowmobile, off-highway	6733
motorcycle, and all-purpose vehicle required to be registered	6734
under section 4519.02 of the Revised Code shall file an	6735
application for registration with the registrar of motor vehicles	6736
or a deputy registrar, on blanks furnished by the registrar for	6737
that purpose and containing all of the following information:	6738

(1) A brief description of the snowmobile, off-highway	6739
motorcycle, or all-purpose vehicle, including the year, make,	6740
model, and the vehicle identification number;	6741

(2) The name, residence, and business address of the owner;

6742

(3) A statement that the snowmobile, off-highway motorcycle,	6743
or all-purpose vehicle is equipped as required by section 4519.20	6744
of the Revised Code and any rule adopted under that section. The	6745
statement shall include a check list of the required equipment	6746
items in the form the registrar shall prescribe.	6747

The application shall be signed by the owner of the	6748
snowmobile, off-highway motorcycle, or all-purpose vehicle and	6749
shall be accompanied by a fee as provided in division (C) of	6750
section 4519.04 of the Revised Code.	6751

If the application is not in proper form, or if the vehicle	6752
for which registration is sought does not appear to be equipped as	6753
required by section 4519.20 of the Revised Code or any rule	6754
adopted under that section, the registration shall be refused, and	6755
no registration sticker, license plate, or validation sticker	6756
shall be issued.	6757

(B) On and after July 1, 1999, no certificate of registration	6758
or renewal of a certificate of registration shall be issued for an	6759
off-highway motorcycle or all-purpose vehicle required to be	6760
registered under section 4519.02 of the Revised Code, and no	6761
certificate of registration issued under this chapter for an	6762
off-highway motorcycle or all-purpose vehicle that is sold or	6763
otherwise transferred shall be transferred to the new owner of the	6764
off-highway motorcycle or all-purpose vehicle as permitted by	6765
division (B) of section 4519.05 of the Revised Code, unless a	6766
certificate of title has been issued under this chapter for the	6767
motorcycle or vehicle, and the owner or new owner, as the case may	6768
be, presents a physical certificate of title or memorandum	6769
certificate of title for inspection at the time the owner or new	6770
owner first submits a registration application, registration	6771
renewal application, or registration transfer application for the	6772
motorcycle or vehicle on or after July 1, 1999, if a physical	6773
certificate of title or memorandum certificate has been issued by	6774
a clerk of a court of common pleas. If, under sections 4519.512	6775
and 4519.58 of the Revised Code, a clerk instead has issued an	6776
electronic certificate of title for the applicant's off-highway	6777
motorcycle or all-purpose vehicle, that certificate may be	6778
presented for inspection at the time of first registration in a	6779
manner prescribed by rules adopted by the registrar.	6780

(C) When the owner of an off-highway motorcycle or	6781
all-purpose vehicle first registers it in the owner's name, and a	6782
certificate of title has been issued for the motorcycle or	6783
vehicle, the owner shall present for inspection a physical	6784
certificate of title or memorandum certificate of title showing	6785
title to the off-highway motorcycle or all-purpose vehicle in the	6786
name of the owner if a physical certificate of title or memorandum	6787
certificate has been issued by a clerk of a court of common pleas.	6788
If, under sections 4519.512 and 4519.58 of the Revised Code, a	6789
clerk instead has issued an electronic certificate of title for	6790
the applicant's off-highway motorcycle or all-purpose vehicle,	6791
that certificate may be presented for inspection at the time of	6792
first registration in a manner prescribed by rules adopted by the	6793
registrar. If, when the owner of such an off-highway motorcycle or	6794
all-purpose vehicle first makes application to register it in the	6795
owner's name, the application is not in proper form or the	6796
certificate of title or memorandum certificate of title does not	6797
accompany the registration or, in the case of an electronic	6798
certificate of title, is not presented in a manner prescribed by	6799
the registrar, the registration shall be refused, and neither a	6800
certificate of registration nor a registration sticker, license	6801
plate, or validation sticker shall be issued. When a certificate	6802
of registration and registration sticker, license plate, or	6803
validation sticker are issued upon the first registration of an	6804
off-highway motorcycle or all-purpose vehicle by or on behalf of	6805
the owner, the official issuing them shall indicate the issuance	6806
with a stamp on the certificate of title or memorandum certificate	6807
of title or, in the case of an electronic certificate of title, an	6808
electronic stamp or other notation as specified in rules adopted	6809
by the registrar.	6810

(D) Each deputy registrar shall be allowed a fee of ~~two~~	6811
~~dollars and seventy-five cents commencing on July 1, 2001, three~~	6812
~~dollars and twenty-five cents commencing on January 1, 2003, and~~	6813
three dollars and fifty cents ~~commencing on January 1, 2004,~~ for	6814
each application or renewal application received by the deputy	6815
registrar, which shall be for the purpose of compensating the	6816
deputy registrar for services, and office and rental expense, as	6817
may be necessary for the proper discharge of the deputy	6818
registrar's duties in the receiving of applications and the	6819
issuing of certificates of registration.	6820

Each deputy registrar, upon receipt of any application for	6821
registration, together with the registration fee, shall transmit	6822
the fee, together with the original and duplicate copy of the	6823
application, to the registrar in the manner and at the times the	6824
registrar, subject to the approval of the director of public	6825
safety and the treasurer of state, shall prescribe by rule.	6826

Sec. 4519.04. (A) Upon the filing of an application for	6827
registration of a snowmobile, off-highway motorcycle, or	6828
all-purpose vehicle and the payment of the tax therefor, the	6829
registrar of motor vehicles or a deputy registrar shall assign to	6830
the snowmobile, off-highway motorcycle, or all-purpose vehicle a	6831
distinctive number and issue and deliver to the owner in such	6832
manner as the registrar may select, a certificate of registration,	6833
in such form as the registrar shall prescribe. Any number so	6834
assigned to a snowmobile, off-highway motorcycle, or all-purpose	6835
vehicle shall be a permanent number, and shall not be issued to	6836
any other snowmobile, off-highway motorcycle, or all-purpose	6837
vehicle.	6838

(B)(1) In addition to the certificate of registration, the	6839
registrar or deputy registrar also shall issue to the owner of ~~the~~	6840
a snowmobile,or off-highway motorcycle~~, or all-purpose vehicle~~ a	6841
registration sticker. The registrar shall prescribe the color and	6842
size of the sticker, the combination of numerals and letters	6843
displayed on it, and placement of the sticker on the snowmobile,	6844
or off-highway motorcycle~~, or all-purpose vehicle~~.	6845

~~(B)~~ Upon receipt of a certificate of registration for a	6846
snowmobile, the owner shall paint or otherwise attach upon each	6847
side of the forward cowling of the snowmobile the identifying	6848
registration number, in block characters of not less than two	6849
inches in height and of such color as to be distinctly visible and	6850
legible.	6851

(2) The registrar or deputy registrar also shall issue to the	6852
owner of an all-purpose vehicle, in addition to the certificate of	6853
registration, one license plate and a validation sticker, or a	6854
validation sticker alone when applicable upon a registration	6855
renewal. The license plate and validation sticker shall be	6856
displayed on the all-purpose vehicle so that they are distinctly	6857
visible, in accordance with such rules as the registrar adopts.	6858
The validation sticker shall indicate the expiration date of the	6859
registration period of the all-purpose vehicle. During each	6860
succeeding registration period following the issuance of the	6861
license plate and validation sticker, upon the filing of an	6862
application for registration and payment of the fee specified in	6863
division (C) of this section, a validation sticker alone shall be	6864
issued.	6865

(C) Unless previously canceled, each certificate of	6866
registration issued for a snowmobile, off-highway motorcycle, or	6867
all-purpose vehicle expires upon the thirty-first day of December	6868
in the third year after the date it is issued. Application for	6869
renewal of a certificate may be made not earlier than ninety days	6870
preceding the expiration date, and shall be accompanied by a fee	6871
of ~~five~~thirty-one dollars and twenty-five cents.	6872

Notwithstanding section 4519.11 of the Revised Code, of each	6873
thirty-one dollar and twenty-five-cent fee collected for the	6874
registration of an all-purpose vehicle, the registrar shall retain	6875
not more than five dollars to pay for the licensing and	6876
registration costs the bureau of motor vehicles incurs in	6877
registering the all-purpose vehicle. The remainder of the fee	6878
shall be deposited into the state treasury to the credit of the	6879
state recreational vehicle fund created by section 4519.11 of the	6880
Revised Code.	6881

Sec. 4519.08. Any snowmobile, off-highway motorcycle, or	6882
all-purpose vehicle owned or leased by the state, by any of its	6883
political subdivisions, or by any volunteer organization that uses	6884
such vehicles exclusively for emergency purposes shall be	6885
registered free of charge. The registration number and	6886
registration sticker assigned to each such snowmobile,or	6887
off-highway motorcycle, orand the license plate and validation	6888
sticker assigned to such an all-purpose vehicle, shall be	6889
displayed as required by section 4519.04 of the Revised Code.	6890

Sec. 4519.09. Every owner or operator of a snowmobile,	6891
off-highway motorcycle, or all-purpose vehicle who is a resident	6892
of a state not having a registration law similar to this chapter,	6893
and who expects to use the snowmobile, off-highway motorcycle, or	6894
all-purpose vehicle in Ohio, shall apply to the registrar of	6895
motor vehicles or a deputy registrar for a temporary operating	6896
permit. The temporary operating permit shall be issued for a	6897
period not to exceed ~~fifteen days~~one year from the date of	6898
issuance, shall be in such form as the registrar determines,	6899
shall include the name and address of the owner and operator of	6900
the snowmobile, off-highway motorcycle, or all-purpose vehicle,	6901
and any other information as the registrar considers necessary,	6902
and shall be issued upon payment of a fee of ~~five~~eleven dollars	6903
and twenty-five cents. Every owner or operator receiving a	6904
temporary operating permit shall display it upon the reasonable	6905
request of any law enforcement officer or other person as	6906
authorized by sections 4519.42 and 4519.43 of the Revised Code.	6907

Sec. 4519.10. (A) The purchaser of an off-highway motorcycle	6908
or all-purpose vehicle, upon application and proof of purchase,	6909
may obtain a temporary license placard for it. The application for	6910
such a placard shall be signed by the purchaser of the off-highway	6911
motorcycle or all-purpose vehicle. The temporary license placard	6912
shall be issued only for the applicant's use of the off-highway	6913
motorcycle or all-purpose vehicle to enable the applicant to	6914
operate it legally while proper title and a registration sticker	6915
or license plate and validation sticker are being obtained and	6916
shall be displayed on no other off-highway motorcycle or	6917
all-purpose vehicle. A temporary license placard issued under this	6918
section shall be in a form prescribed by the registrar of motor	6919
vehicles, shall differ in some distinctive manner from a placard	6920
issued under section 4503.182 of the Revised Code, shall be valid	6921
for a period of thirty days from the date of issuance, and shall	6922
not be transferable or renewable. The placard either shall consist	6923
of or be coated with such material as will enable it to remain	6924
legible and relatively intact despite the environmental conditions	6925
to which the placard is likely to be exposed during the thirty-day	6926
period for which it is valid. The purchaser of an off-highway	6927
motorcycle or all-purpose vehicle shall attach the temporary	6928
license placard to it, in a manner prescribed by rules the	6929
registrar shall adopt, so that the placard numerals or letters are	6930
clearly visible.	6931

The fee for a temporary license placard issued under this	6932
section shall be two dollars. If the placard is issued by a deputy	6933
registrar, the deputy registrar shall charge an additional fee of	6934
~~two dollars and seventy-five cents commencing on July 1, 2001,~~	6935
~~three dollars and twenty-five cents commencing on January 1, 2003,~~	6936
~~and~~ three dollars and fifty cents ~~commencing on January 1, 2004~~,	6937
which the deputy registrar shall retain. The deputy registrar	6938
shall transmit each two-dollar fee received by the deputy	6939
registrar under this section to the registrar, who shall pay the	6940
two dollars to the treasurer of state for deposit into the state	6941
bureau of motor vehicles fund established by section 4501.25 of	6942
the Revised Code.	6943

(B) The registrar may issue temporary license placards to a	6944
dealer to be issued to purchasers for use on vehicles sold by the	6945
dealer, in accordance with rules prescribed by the registrar. The	6946
dealer shall notify the registrar within forty-eight hours of	6947
proof of issuance on a form prescribed by the registrar.	6948

The fee for each such placard issued by the registrar to a	6949
dealer shall be two dollars plus a fee of ~~two dollars and~~	6950
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	6951
~~twenty-five cents commencing on January 1, 2003, and~~ three dollars	6952
and fifty cents ~~commencing on January 1, 2004~~.	6953

Sec. 4519.44. (A) No person who does not hold a valid,	6954
current motor vehicle driver's or commercial driver's license,	6955
motorcycle operator's endorsement, or probationary license, issued	6956
under Chapter 4506. or 4507. of the Revised Code or a valid,	6957
current driver's license issued by another jurisdiction, shall	6958
operate a snowmobile, off-highway motorcycle, or all-purpose	6959
vehicle on any street or highway in this state, on any portion of	6960
the right-of-way thereof, or on any public land or waters.	6961

(B) No person who is less than sixteen years of age shall	6962
operate a snowmobile, off-highway motorcycle, or all-purpose	6963
vehicle on any land or waters other than private property or	6964
waters owned by or leased to the person's parent or guardian,	6965
unless accompanied by another person who is eighteen years of age,	6966
or older, and who holds a license as provided in division (A) of	6967
this section, except that the department of natural resources may	6968
permit such operation on state controlled land under its	6969
jurisdiction when such person is less than sixteen years of age,	6970
but is twelve years of age or older and is accompanied by a parent	6971
or guardian who is a licensed driver eighteen years of age or	6972
older.	6973

(C) Whoever violates this section shall be fined not less	6974
than fifty nor more than five hundred dollars, imprisoned not less	6975
than three nor more than thirty days, or both.	6976

Sec. 4519.47. (A) Whenever a person is found guilty of	6977
operating a snowmobile, off-highway motorcycle, or all-purpose	6978
vehicle in violation of any rule authorized to be adopted under	6979
section 4519.21 or 4519.42 of the Revised Code, the trial judge of	6980
any court of record, in addition to or independent of any other	6981
penalties provided by law, may impound for not less than sixty	6982
days the certificate of registration and license plate, if	6983
applicable, of that snowmobile, off-highway motorcycle, or	6984
all-purpose vehicle. The court shall send the impounded	6985
certificate of registration and license plate, if applicable, to	6986
the registrar of motor vehicles, who shall retain the certificate	6987
of registration and license plate, if applicable, until the	6988
expiration of the period of impoundment.	6989

(B) If a court impounds the certificate of registration and	6990
license plate of an all-purpose vehicle pursuant to section	6991
2911.21 of the Revised Code, the court shall send the impounded	6992
certificate of registration and license plate to the registrar,	6993
who shall retain them until the expiration of the period of	6994
impoundment.	6995

Sec. 4519.59. (A)(1) The clerk of a court of common pleas	6996
shall charge ~~a fee of five~~and retain fees as follows:	6997

(a) Fifteen dollars for each certificate of title,or	6998
duplicate certificate of title,including the issuance of a	6999
memorandum certificate of title, authorization to print a	7000
non-negotiable evidence of ownership described in division (D) of	7001
section 4519.58 of the Revised Code, non-negotiable evidence of	7002
ownership printed by the clerk under division (E) of that section,	7003
and notation of any lien on a certificate of title that is applied	7004
for at the same time as the certificate of title. The clerk shall	7005
retain ~~two~~eleven dollars and ~~twenty-five~~fifty cents of ~~the~~that	7006
fee ~~charged for each certificate of title, four dollars and~~	7007
~~seventy-five cents of the fee charged for each duplicate~~	7008
~~certificate of title, all of the fees charged for each memorandum~~	7009
~~certificate, authorization to print a non-negotiable evidence of~~	7010
~~ownership, or non-negotiable evidence of ownership printed by the~~	7011
~~clerk, and four dollars and twenty-five cents of the fee charged~~	7012
~~for each notation of a lien~~.	7013

(b) Five dollars for each certificate of title with no	7014
security interest noted that is issued to a licensed motor vehicle	7015
dealer for resale purposes. The clerk shall retain two dollars and	7016
twenty-five cents of that fee.	7017

(c) Five dollars for each memorandum certificate of title or	7018
non-negotiable evidence of ownership that is applied for	7019
separately. The clerk shall retain that entire fee.	7020

(2) The ~~remaining two dollars and seventy-five cents charged~~	7021
~~for the certificate of title, the remaining twenty-five cents~~	7022
~~charged for the duplicate certificate of title, and the remaining~~	7023
~~seventy-five cents charged for the notation of any lien on a~~	7024
~~certificate of title~~fees that are not retained by the clerk shall	7025
be paid to the registrar of motor vehicles by monthly returns,	7026
which shall be forwarded to the registrar not later than the fifth	7027
day of the month next succeeding that in which the certificate is	7028
forwarded or that in which the registrar is notified of a lien or	7029
cancellation of a lien.	7030

(B)(1) The registrar shall pay twenty-five cents of the	7031
amount received for each certificate of title ~~and all of the~~	7032
~~amounts received for each notation of any lien and each duplicate~~	7033
~~certificate~~that is issued to a motor vehicle dealer for resale	7034
and one dollar for all other certificates of title issued into	7035
the state bureau of motor vehicles fund established in section	7036
4501.25 of the Revised Code.	7037

(2) Fifty cents of the amount received for each certificate	7038
of title shall be paid by the registrar as follows:	7039

(a) Four cents shall be paid into the state treasury to the	7040
credit of the motor vehicle dealers board fund created in section	7041
4505.09 of the Revised Code, for use as described in division	7042
(B)(2)(a) of that section.	7043

(b) Twenty-one cents shall be paid into the highway operating	7044
fund.	7045

(c) Twenty-five cents shall be paid into the state treasury	7046
to the credit of the motor vehicle sales audit fund created in	7047
section 4505.09 of the Revised Code, for use as described in	7048
division (B)(2)(c) of that section.	7049

(3) Two dollars of the amount received by the registrar for	7050
each certificate of title shall be paid into the state treasury to	7051
the credit of the automated title processing fund created in	7052
section 4505.09 of the Revised Code, for use as described in	7053
divisions (B)(3)(a) and (c) of that section.	7054

Sec. 4519.63. (A) The registrar of motor vehicles or the	7055
clerk of the court of common pleas, upon the application of any	7056
person and payment of the proper ~~fees~~fee, may prepare and furnish	7057
title information regarding off-highway motorcycles and	7058
all-purpose vehicles in the form and subject to any territorial	7059
division or other classification as they may direct. The registrar	7060
or the clerk may search the records of the bureau of motor	7061
vehicles ~~and the clerk~~ regarding off-highway motorcycles and	7062
all-purpose vehicles and ~~make~~furnish reports ~~thereof, and make~~	7063
~~copies~~ of ~~their title information and attestations thereof~~those	7064
records under the signature of the registrar or the clerk.	7065

(B)(1) Fees ~~therefor~~for lists containing title information	7066
shall be charged and collected as follows:	7067

~~(A)~~(a) For lists containing three thousand titles or more,	7068
twenty-five dollars per thousand or part thereof;	7069

~~(B)~~(b) For ~~searches~~each report of a search of the records	7070
~~and written reports thereof, two dollars foreach name, number,~~	7071
~~or fact searched or reported on;~~	7072

~~(C) For copies of records and attestations thereof~~, two	7073
dollars per copy except that on and after October 1, 2009, the	7074
fee shall be eight dollars per copy. The registrar and clerk may	7075
certify copies of records generated by an automated title	7076
processing system.	7077

~~Such copies~~(2) A copy of any such report shall be taken as	7078
prima-facie evidence of the facts therein stated in any court of	7079
the state. The registrar and the clerk shall furnish information	7080
on any title without charge to state highway patrol troopers,	7081
sheriffs, chiefs of police, or the attorney general. The clerk	7082
also may provide a copy of a certificate of title to a public	7083
agency without charge.	7084

(C)(1) Those fees collected by the registrar as provided in	7085
division (B)(1)(a) of this section shall be paid to the treasurer	7086
of state to the credit of the state bureau of motor vehicles fund	7087
established in section 4501.25 of the Revised Code. Those fees	7088
collected by the clerk as provided in division (B)(1)(a) of this	7089
section shall be paid to the certificate of title administration	7090
fund created by section 325.33 of the Revised Code.	7091

(2) Prior to October 1, 2009, the registrar shall pay those	7092
fees the registrar collects under division (B)(1)(b) of this	7093
section into the state treasury to the credit of the state bureau	7094
of motor vehicles fund established in section 4501.25 of the	7095
Revised Code. Prior to October 1, 2009, the clerk shall pay those	7096
fees the clerk collects under division (B)(1)(b) of this section	7097
to the certificate of title administration fund created by section	7098
325.33 of the Revised Code.	7099

(3) On and after October 1, 2009, the registrar shall pay two	7100
dollars of each fee the registrar collects under division	7101
(B)(1)(b) of this section into the state treasury to the credit of	7102
the state bureau of motor vehicles fund established in section	7103
4501.25 of the Revised Code. Of the remaining six dollars of each	7104
such fee the registrar collects, the registrar shall deposit one	7105
dollar and twenty-five cents into the state treasury to the credit	7106
of the trauma and emergency medical services fund established in	7107
section 4513.263 of the Revised Code, one dollar and twenty-five	7108
cents into the state treasury to the credit of the homeland	7109
security fund established under section 5502.03 of the Revised	7110
Code, seventy-five cents into the state treasury to the credit of	7111
the investigations fund established in section 5502.131 of the	7112
Revised Code, two dollars and twenty-five cents into the state	7113
treasury to the credit of the emergency management agency service	7114
and reimbursement fund established in section 5502.39 of the	7115
Revised Code, and fifty cents into the state treasury to the	7116
credit of the justice program services fund established in section	7117
5502.67 of the Revised Code.	7118

(4) On and after October 1, 2009, the clerk of the court of	7119
common pleas shall retain two dollars of each fee the clerk	7120
collects under division (B)(1)(b) of this section and deposit that	7121
two dollars into the certificate of title administration fund	7122
created by section 325.33 of the Revised Code. The clerk shall	7123
forward the remaining six dollars to the registrar not later than	7124
the fifth day of the month next succeeding that in which the	7125
transaction occurred. Of that remaining six dollars, the registrar	7126
shall deposit one dollar and twenty-five cents into the state	7127
treasury to the credit of the trauma and emergency medical	7128
services fund established in section 4513.263 of the Revised Code,	7129
one dollar and twenty-five cents into the state treasury to the	7130
credit of the homeland security fund established under section	7131
5502.03 of the Revised Code, seventy-five cents into the state	7132
treasury to the credit of the investigations fund established in	7133
section 5502.131 of the Revised Code, two dollars and twenty-five	7134
cents into the state treasury to the credit of the emergency	7135
management agency service and reimbursement fund established in	7136
section 5502.39 of the Revised Code, and fifty cents into the	7137
state treasury to the credit of the justice program services fund	7138
established in section 5502.67 of the Revised Code.	7139

Sec. 4561.17. (A) To provide revenue for administering	7140
sections 4561.17 to 4561.22 of the Revised Code relative to the	7141
registration of aircraft, for the surveying of and the	7142
establishment, checking, maintenance, and repair of aviation air	7143
marking and of air navigation facilities, for the acquiring,	7144
maintaining, and repairing of equipment necessary for those	7145
purposes, and for the cost of creating and distributing Ohio	7146
aeronautical charts and Ohio airport and landing field	7147
directories, an annual license tax is hereby levied upon all	7148
aircraft based in this state for which an aircraft worthiness	7149
certificate issued by the federal aviation administration is in	7150
effect except the following:	7151

(1) Aircraft owned by the United States or any territory of	7152
the United States;	7153

(2) Aircraft owned by any foreign government;

7154

(3) Aircraft owned by any state or any political subdivision	7155
of a state;	7156

(4) ~~Aircraft operated under a certificate of convenience and~~	7157
~~necessity issued by the civil aeronautics board or any successor~~	7158
~~to that board;~~	7159

~~(5)~~ Aircraft owned by aircraft manufacturers or aircraft	7160
engine manufacturers and operated only for purposes of testing,	7161
delivery, or demonstration;	7162

~~(6)~~(5) Aircraft operated for hire over regularly scheduled	7163
routes within the state.	7164

(B) The license tax this section requires shall be at the	7165
rates specified in section 4561.18 of the Revised Code, and shall	7166
be paid to and collected by the director of transportation at the	7167
time of making application as provided in that section.	7168

Sec. 4561.18. (A) The owner of any aircraft that is based in	7169
this state and that is not of a type specified in divisions (A)(1)	7170
to ~~(6)~~(5) of section 4561.17 of the Revised Code, shall register	7171
that aircraft with the department of transportation pursuant to	7172
this section.	7173

(B) Applications for the licensing and registration of	7174
aircraft shall be made and signed by the owner on forms the	7175
department of transportation prepares. The forms shall contain a	7176
description of the aircraft, including its federal registration	7177
number, the airport or other place at which the aircraft is based,	7178
and any other information the department requires.	7179

(C)(1) Registration forms shall be filed with the director of	7180
transportation annually at the time the director specifies and	7181
shall be renewed according to the standard renewal procedure of	7182
sections 4745.01 to 4745.03 of the Revised Code. If the airport or	7183
other place at which the aircraft usually is based changes, the	7184
owner shall update the registration by filing a new form with the	7185
office of aviation.	7186

(2) An application for the registration of any aircraft not	7187
previously registered in this state that is acquired or becomes	7188
subject to the license tax subsequent to the last day of January	7189
in any year, shall be made for the balance of the year in which	7190
the aircraft is acquired, within thirty days after the acquisition	7191
or after becoming subject to the license tax.	7192

(D)(1) Each registration form shall be accompanied by the	7193
proper license tax, which, for all aircraft other than those	7194
described in ~~divisions~~division (D)(2) ~~and (3)~~ of this section,	7195
shall be at the annual rate of fifteen dollars per seat, based on	7196
the manufacturer's maximum listed seating capacity.	7197

(2) The license tax for gliders and balloons shall be fifteen	7198
dollars annually.	7199

~~(3) The annual license tax for commercial cargo aircraft~~	7200
~~shall be seven hundred fifty dollars per aircraft.~~	7201

(E) The department of transportation shall maintain all	7202
registrations filed with it under this section and shall develop a	7203
program to track and enforce the registration of aircraft based in	7204
this state.	7205

(F) The taxes this section requires are in lieu of all other	7206
taxes on or with respect to ownership of an aircraft.	7207

(G) The director of transportation shall impose a fine	7208
pursuant to section 4561.22 of the Revised Code for each aircraft	7209
that an owner fails to register as this section requires and shall	7210
require the owner to register the aircraft within the time the	7211
director specifies. The director may impose a separate fine for	7212
each registration period during which the owner fails to register	7213
the aircraft.	7214

~~(H) As used in this section, "commercial cargo aircraft"~~	7215
~~means any aircraft used in connection with an all-cargo operation,~~	7216
~~as defined in 14 C.F.R. 119.3.~~	7217

Sec. 4561.21. (A) The director of transportation shall	7218
deposit all aircraft transfer fees in the state treasury to the	7219
credit of the general fund.	7220

(B) The director shall deposit all aircraft license taxes	7221
and fines in the state treasury to the credit of the airport	7222
assistance fund, which is hereby created. Money in the fund shall	7223
be used for maintenance and capital improvements to publicly	7224
owned airports, and the director shall distribute the money to	7225
eligible recipients in accordance with such procedures,	7226
guidelines, and criteria as the director shall establish.	7227

Sec. 4981.02. (A) There is hereby created the Ohio rail	7228
development commission, as an independent agency of the state	7229
within the department of transportation, consisting of ~~six~~seven	7230
members appointed by the governor with the advice and consent of	7231
the senate, two members of the Ohio senate, one of whom shall be	7232
appointed by and serve at the pleasure of the president of the	7233
senate and one of whom shall be appointed by and serve at the	7234
pleasure of the minority leader of the senate, two members of the	7235
Ohio house of representatives, one of whom shall be appointed by	7236
and serve at the pleasure of the speaker of the house of	7237
representatives and one of whom shall be appointed by and serve at	7238
the pleasure of the minority leader of the house of	7239
representatives, and two members representing the general public,	7240
one of whom shall be appointed by the president of the senate and	7241
one of whom shall be appointed by the speaker of the house of	7242
representatives. The director of transportation and the director	7243
of development, or their designees, shall be ex officio members of	7244
the commission. Of the members appointed by the governor, one	7245
shall serve as chairman of the commission, one shall represent the	7246
interests of a freight rail company, one shall represent the	7247
interests of passenger rail service, one shall have expertise in	7248
infrastructure financing, one shall represent the interests of	7249
organized labor, one shall represent the interests of	7250
manufacturers and have contracting responsibility for rail and	7251
nonrail freight transportation, and one shall represent the	7252
general public. All members shall be reimbursed for actual	7253
expenses incurred in the performance of their duties. The members	7254
of the commission from the Ohio senate and the Ohio house of	7255
representatives shall serve as nonvoting members. No more than	7256
four members of the ~~six~~seven appointed to the commission by the	7257
governor shall be from the same political party. Each member of	7258
the commission shall be a resident of this state.	7259

(B) Within sixty days after the effective date of this	7260
amendment, the governor shall make initial appointments to the	7261
commission. Of the initial appointments made to the commission,	7262
three shall be for a term ending three years after the effective	7263
date of this amendment, and three shall be for a term ending six	7264
years after that date. Terms for all other appointments made to	7265
the commission shall be for six years. Vacancies shall be filled	7266
in the manner provided for original appointments. Any member	7267
appointed to fill a vacancy shall have the same qualifications as	7268
his predecessor. Each term shall end on the same day of the same	7269
month of the year as did the term which it succeeds. Each	7270
appointed member shall hold office from the date of his	7271
appointment until the end of the term for which he was appointed.	7272
Any member appointed to fill a vacancy before the expiration of	7273
the term for which his predecessor was appointed shall hold office	7274
for the remainder of that term. Any appointed member shall	7275
continue in office subsequent to the expiration date of his term	7276
until his successor takes office, or for a period of sixty days,	7277
whichever occurs first. All members shall be eligible for	7278
reappointment.	7279

(C) The commission may employ an executive director, who	7280
shall have appropriate experience as determined by the commission,	7281
and a secretary-treasurer and other employees that the commission	7282
considers appropriate. The commission may fix the compensation of	7283
the employees.	7284

(D) Six members of the commission shall constitute a quorum,	7285
and the affirmative vote of ~~five~~six members shall be necessary	7286
for any action taken by the commission. No vacancy in the	7287
membership of the commission shall impair the rights of a quorum	7288
to exercise all the rights and perform all the duties of the	7289
commission.	7290

(E) All members of the commission are subject to Chapter 102.	7291
of the Revised Code.	7292

(F) The department of transportation may use all appropriate	7293
sources of revenue to assist the commission in developing and	7294
implementing rail service.	7295

(G) All public funds acquired by the commission shall be used	7296
for developing, implementing, and regulating rail service and not	7297
for operating rail service unless the general assembly	7298
specifically approves the expenditure of funds for operating rail	7299
service.	7300

Sec. 4981.40. In any overall programmatic environmental	7301
impact study or other comprehensive high-speed rail project	7302
development study, the department of transportation and the rail	7303
development commission shall include all federally designated	7304
high-speed rail corridors in Ohio and all passenger rail corridors	7305
in the Ohio hub study.	7306

The department of transportation and the rail development	7307
commission shall work with Amtrak to improve existing service	7308
between Toledo and Cleveland with a goal of creating optimum	7309
service to connect the planned Cleveland, Columbus, Dayton, and	7310
Cincinnati service.	7311

The department of transportation and the rail development	7312
commission shall examine the financial and economic feasibility of	7313
developing a passenger rail system between Toledo and Columbus,	7314
including necessary characteristics of a viable connection between	7315
the cities.	7316

Sec. 5501.03. (A) The department of transportation shall:

7317

(1) Exercise and perform such other duties, powers, and	7318
functions as are conferred by law on the director, the department,	7319
the assistant directors, the deputy directors, or on the divisions	7320
of the department;	7321

(2) Coordinate and develop, in cooperation with local,	7322
regional, state, and federal planning agencies and authorities,	7323
comprehensive and balanced state policy and planning to meet	7324
present and future needs for adequate transportation facilities in	7325
this state, including recommendations for adequate funding of the	7326
implementation of such planning;	7327

(3) Coordinate its activities with those of other appropriate	7328
state departments, public agencies, and authorities, and enter	7329
into any contracts with such departments, agencies, and	7330
authorities as may be necessary to carry out its duties, powers,	7331
and functions;	7332

(4) Cooperate with and assist the public utilities commission	7333
in the commission's administration of sections 4907.47 to 4907.476	7334
of the Revised Code, particularly with respect to the federal	7335
highway administration.;	7336

(5) Cooperate with and assist the Ohio power siting board in	7337
the board's administration of Chapter 4906. of the Revised Code;	7338

(6) Give particular consideration to the development of	7339
policy and planning for public transportation facilities, and to	7340
the coordination of associated activities relating thereto, as	7341
prescribed under divisions (A)(2) and (3) of this section;	7342

~~(6)~~(7) Conduct, in cooperation with the Ohio legislative	7343
service commission, any studies or comparisons of state traffic	7344
laws and local traffic ordinances with model laws and ordinances	7345
that may be required to meet program standards adopted by the	7346
United States department of transportation pursuant to the	7347
"Highway Safety Act of 1966," 80 Stat. 731, U.S.C.A. 401;	7348

~~(7)~~(8) Prepare, print, distribute, and advertise books, maps,	7349
pamphlets, and other information that, in the judgment of the	7350
director, will inform the public and other governmental	7351
departments, agencies, and authorities as to the duties, powers,	7352
and functions of the department;	7353

~~(8)~~(9) In its research and development program, consider	7354
technologies for improving roadways, including construction	7355
techniques and materials to prolong project life, being used or	7356
developed by other states that have geographic, geologic, or	7357
climatic features similar to this state's, and collaborate with	7358
those states in that development.	7359

(B) Nothing contained in division (A)(1) of this section	7360
shall be held to in any manner affect, limit, restrict, or	7361
otherwise interfere with the exercise of powers relating to	7362
transportation facilities by appropriate agencies of the federal	7363
government, or by counties, municipal corporations, or other	7364
political subdivisions or special districts in this state	7365
authorized by law to exercise such powers.	7366

~~(B)~~(C) The department may use all appropriate sources of	7367
revenue to assist in the development and implementation of rail	7368
service as defined by division (C) of section 4981.01 of the	7369
Revised Code.	7370

~~(C)~~(D) The director of transportation may enter into	7371
contracts with public agencies including political subdivisions,	7372
other state agencies, boards, commissions, regional transit	7373
authorities, county transit boards, ~~and~~ port authorities,	7374
transportation innovation authorities, and any corporation	7375
organized under the laws of Ohio, to administer the design,	7376
qualification of bidders, competitive bid letting, construction	7377
inspection, and acceptance of any projects administered by the	7378
department, provided the administration of such projects is	7379
performed in accordance with all applicable state and federal laws	7380
and regulations with oversight by the department.	7381

Sec. 5501.311. (A) Notwithstanding sections 123.01 and	7382
127.16 of the Revised Code the director of transportation may	7383
lease or lease-purchase all or any part of a transportation	7384
facility to or from one or more persons, one or more governmental	7385
agencies, a transportation improvement district, transportation	7386
innovation authority, or any combination thereof, and~~, in~~	7387
~~conjunction therewith,~~ may grant leases, easements, or licenses	7388
for lands under the control of the department of transportation.	7389
The director may adopt rules necessary to give effect to this	7390
section.	7391

(B) Plans and specifications for the construction of a	7392
transportation facility under a lease or lease-purchase agreement	7393
are subject to approval of the director and must meet or exceed	7394
all applicable standards of the department.	7395

(C) Any lease or lease-purchase agreement under which the	7396
department is the lessee shall be for a period not exceeding the	7397
then current two-year period for which appropriations have been	7398
made by the general assembly to the department, and such agreement	7399
may contain such other terms as the department and the other	7400
parties thereto agree, notwithstanding any other provision of law,	7401
including provisions that rental payments in amounts sufficient to	7402
pay bond service charges payable during the current two-year lease	7403
term shall be an absolute and unconditional obligation of the	7404
department independent of all other duties under the agreement	7405
without set-off or deduction or any other similar rights or	7406
defenses. Any such agreement may provide for renewal of the	7407
agreement at the end of each term for another term, not exceeding	7408
two years, provided that no renewal shall be effective until the	7409
effective date of an appropriation enacted by the general assembly	7410
from which the department may lawfully pay rentals under such	7411
agreement. Any such agreement may include, without limitation, any	7412
agreement by the department with respect to any costs of	7413
transportation facilities to be included prior to acquisition and	7414
construction of such transportation facilities. Any such agreement	7415
shall not constitute a debt or pledge of the faith and credit of	7416
the state, or of any political subdivision of the state, and the	7417
lessor shall have no right to have taxes or excises levied by the	7418
general assembly, or the taxing authority of any political	7419
subdivision of the state, for the payment of rentals thereunder.	7420
Any such agreement shall contain a statement to that effect.	7421

(D) A municipal corporation, township, or county may use	7422
service payments in lieu of taxes credited to special funds or	7423
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of the	7424
Revised Code to provide its contribution to the cost of a	7425
transportation facility, provided such facility was among the	7426
purposes for which such service payments were authorized. The	7427
contribution may be in the form of a lump sum or periodic	7428
payments.	7429

(E) Pursuant to ~~47 U.S.C. 332,"~~ the "Telecommunications Act	7430
of ~~1966~~1996," 110 Stat. 152, 47 U.S.C. 332 note, the director may	7431
grant a lease, easement, or license in a transportation facility	7432
to a telecommunications service provider for construction,	7433
placement, or operation of a telecommunications facility. An	7434
interest granted under this ~~section~~division is subject to all of	7435
the following conditions:	7436

(1) The transportation facility is owned in fee simple or	7437
easement by this state at the time the lease, easement, or license	7438
is granted to the telecommunications provider.	7439

(2) The lease, easement, or license shall be granted on a	7440
competitive basis in accordance with policies and procedures to be	7441
determined by the director. The policies and procedures may	7442
include provisions for master leases for multiple sites.	7443

(3) The telecommunications facility shall be designed to	7444
accommodate the state's multi-agency radio communication system,	7445
the intelligent transportation system, and the department's	7446
communication system as the director may determine is necessary	7447
for highway or other departmental purposes.	7448

(4) The telecommunications facility shall be designed to	7449
accommodate such additional telecommunications equipment as may	7450
feasibly be co-located thereon as determined in the discretion of	7451
the director.	7452

(5) The telecommunications service providers awarded the	7453
lease, easement, or license, agree to permit other	7454
telecommunications service providers to co-locate on the	7455
telecommunications facility, and agree to the terms and conditions	7456
of the co-location as determined in the discretion of the	7457
director.	7458

(6) The director shall require indemnity agreements in favor	7459
of the department as a condition of any lease, easement, or	7460
license granted under this division. Each indemnity agreement	7461
shall secure this state and its agents from liability for damages	7462
arising out of safety hazards, zoning, and any other matter of	7463
public interest the director considers necessary.	7464

(7) The telecommunications service provider fully complies	7465
with any permit issued under section 5515.01 of the Revised Code	7466
pertaining to land that is the subject of the lease, easement, or	7467
license.	7468

(8) All plans and specifications shall meet with the	7469
director's approval.	7470

(9) Any other conditions the director determines necessary.

7471

(F) ~~Money received by the department under division (E) of~~	7472
~~this section shall be deposited to the credit of the highway~~	7473
~~operating fund.~~	7474

~~(G)~~In accordance with section 5501.031 of the Revised Code,	7475
to further efforts to promote energy conservation and energy	7476
efficiency, the director may grant a lease, easement, or license	7477
in a transportation facility to a utility service provider that	7478
has received its certificate from the Ohio power siting board or	7479
appropriate local entity for construction, placement, or operation	7480
of an alternative energy generating facility service provider as	7481
defined in section 4928.64 of the Revised Code. An interest	7482
granted under this division is subject to all of the following	7483
conditions:	7484

(1) The transportation facility is owned in fee simple or in	7485
easement by this state at the time the lease, easement, or license	7486
is granted to the utility service provider.	7487

(2) The lease, easement, or license shall be granted on a	7488
competitive basis in accordance with policies and procedures to be	7489
determined by the director. The policies and procedures may	7490
include provisions for master leases for multiple sites.	7491

(3) The alternative energy generating facility shall be	7492
designed to provide energy for the department's transportation	7493
facilities with the potential for selling excess power on the	7494
power grid, as the director may determine is necessary for highway	7495
or other departmental purposes.	7496

(4) The director shall require indemnity agreements in favor	7497
of the department as a condition of any lease, easement, or	7498
license granted under this division. Each indemnity agreement	7499
shall secure this state and its agents from liability for damages	7500
arising out of safety hazards, zoning, and any other matter of	7501
public interest the director considers necessary.	7502

(5) The alternative energy service provider fully complies	7503
with any permit issued by the Ohio power siting board under	7504
Chapter 4906. of the Revised Code and complies with section	7505
5515.01 of the Revised Code pertaining to land that is the subject	7506
of the lease, easement, or license.	7507

(6) All plans and specifications shall meet with the	7508
director's approval.	7509

(7) Any other conditions the director determines necessary.

7510

(G) Money the department receives under divisions (E) and (F)	7511
of this section shall be deposited into the state treasury to the	7512
credit of the highway operating fund.	7513

(H) A lease, easement, or license granted under division (E)	7514
or (F) of this section, and any telecommunications facility or	7515
alternative energy generating facility relating to such interest	7516
in a transportation facility, is hereby deemed to further the	7517
essential highway purpose of building and maintaining a safe,	7518
~~efficient~~energy-efficient, and accessible transportation system.	7519

Sec. 5501.34. (A) If circumstances alter the highway	7520
requirements after the director of transportation has acquired	7521
property so that the real property or part of the real property is	7522
no longer required for highway purposes, the director, in the name	7523
of the state, may sell all the right, title, and interest of the	7524
state in any of the real property. After determining that a parcel	7525
of real property is no longer required for highway purposes, the	7526
director shall have the parcel appraised by a department	7527
prequalified appraiser. The director may accept a survey or	7528
appraisal from an interested party, however, to facilitate the	7529
disposal of real property no longer required for highway purposes.	7530
Acceptance by the director of a survey or appraisal commissioned	7531
by an interested party does not convey upon that interested party	7532
any special right or standing relative to any other abutting	7533
landowner or member of the general public where the prospective	7534
sale of the real property is concerned.	7535

(B) Except as otherwise provided in this section, the	7536
director shall advertise the sale of real property that is no	7537
longer required for highway purposes in a newspaper of general	7538
circulation in the county in which the real property is situated	7539
for at least two consecutive weeks prior to the date set for the	7540
sale. The real property may be sold at public auction to the	7541
highest bidder for not less than two-thirds of its appraised	7542
value, but the director may reject all bids that are less than the	7543
full appraised value of the real property. However, if no sale has	7544
been effected after an effort to sell under this division, the	7545
director may set aside the appraisal, order a new appraisal, and,	7546
except as otherwise provided in this section, readvertise the	7547
property for sale.	7548

(C) If real property no longer required for highway purposes	7549
is appraised or reappraised as having a current fair market value	7550
of twenty thousand dollars or less, the director may sell the real	7551
property to the sole abutting owner through a private sale at a	7552
price not less than the appraised value. If there is more than one	7553
abutting owner, the director may invite all of the abutting owners	7554
to submit sealed bids and may sell the real property to the	7555
highest bidder at not less than its appraised value.	7556

(D) If real property no longer required for highway purposes	7557
is appraised or reappraised as having a fair market value of ~~two~~	7558
five thousand dollars or less, and no sale has been effected after	7559
an effort to sell to the abutting owner or owners, the director	7560
may advertise the sale of the real property in accordance with	7561
division (B) of this section. The director may sell the land at	7562
public auction to the highest bidder without regard to its	7563
appraised value, but the director may reject all bids that are	7564
less than the full appraised value of the real property.	7565

(E) The department shall pay all expenses incurred in the	7566
sale of a parcel of real property out of the proceeds of the sale	7567
and shall deposit the balance of the proceeds in the highway fund	7568
used to acquire that parcel of real property. The department shall	7569
not reimburse any interested party for the cost of a survey or	7570
appraisal that the interested party commissions and the director	7571
accepts.	7572

(F) Upon a determination that real property previously	7573
acquired within a highway improvement project corridor no longer	7574
is needed for highway purposes, the director may offer the	7575
unneeded property to another landowner located within that	7576
project's corridor as full or partial consideration for other real	7577
property to be acquired from the landowner. If the landowner	7578
accepts the offer, the director shall convey the unneeded property	7579
directly to the landowner at the full fair market value determined	7580
by the department by appraisal. The director shall credit the	7581
value of the unneeded property against the acquisition price of	7582
the property being acquired by the department, and the landowner	7583
shall pay the department the difference if the value of the	7584
unneeded property exceeds the acquisition price of the property	7585
being acquired.	7586

(G) Conveyances of real property under this section shall be	7587
by a deed executed by the governor, bearing the great seal of the	7588
state, and in the form prescribed by the attorney general. The	7589
director shall keep a record of all conveyances of real property	7590
made under this section. This section applies to all real property	7591
acquired by the department, regardless of how or from whom the	7592
property was acquired.	7593

Sec. 5502.03. (A) There is hereby created in the department	7594
of public safety a division of homeland security.	7595

(B) The division shall do all of the following:

7596

(1) Coordinate all homeland security activities of all state	7597
agencies and be the liaison between state agencies and local	7598
entities for the purposes of communicating homeland security	7599
funding and policy initiatives;	7600

(2) Collect, analyze, maintain, and disseminate information	7601
to support local, state, and federal law enforcement agencies,	7602
other government agencies, and private organizations in detecting,	7603
deterring, preventing, preparing for, responding to, and	7604
recovering from threatened or actual terrorist events. This	7605
information is not a public record pursuant to section 149.43 of	7606
the Revised Code.	7607

(3) Coordinate efforts of state and local governments and	7608
private organizations to enhance the security and protection of	7609
critical infrastructure and key assets in this state;	7610

(4) Develop and coordinate policies, protocols, and	7611
strategies that may be used to prevent, detect, prepare for,	7612
respond to, and recover from terrorist acts or threats;	7613

(5) Develop, update, and coordinate the implementation of an	7614
Ohio homeland security strategic plan that will guide state and	7615
local governments in the achievement of homeland security in this	7616
state.	7617

(C) The director of public safety shall appoint an executive	7618
director, who shall be head of the division of homeland security	7619
and who regularly shall advise the governor and the director on	7620
matters pertaining to homeland security. The executive director	7621
shall serve at the pleasure of the director of public safety. To	7622
carry out the duties assigned under this section, the executive	7623
director, subject to the direction and control of the director of	7624
public safety, may appoint and maintain necessary staff and may	7625
enter into any necessary agreements.	7626

(D) Except as otherwise provided by law, nothing in this	7627
section shall be construed to give the director of public safety	7628
or the executive director of the division of homeland security	7629
authority over the incident management structure or	7630
responsibilities of local emergency response personnel.	7631

(E) There is hereby created in the state treasury the	7632
homeland security fund. The fund shall consist of one dollar and	7633
twenty-five cents of each fee collected under sections 4501.34,	7634
4503.26, 4506.08, and 4509.05 of the Revised Code as specified	7635
in those sections, plus on and after October 1, 2009, one dollar	7636
and twenty-five cents of each fee collected under sections	7637
1548.14, 4505.14, and 4519.63 of the Revised Code as specified in	7638
those sections. The fund shall be used to pay the expenses of	7639
administering the law relative to the powers and duties of the	7640
executive director of the division of homeland security, except	7641
that the director of budget and management may transfer excess	7642
money from the homeland security fund to the state highway	7643
safety fund if the director of public safety determines that the	7644
amount of money in the homeland security fund exceeds the amount	7645
required to cover such costs incurred by the division of	7646
homeland security and requests the director of budget and	7647
management to make the transfer.	7648

Sec. 5502.131. There is hereby created in the state treasury	7649
the investigations fund. The fund shall consist of seventy-five	7650
cents of each fee collected under sections 4501.34, 4503.26,	7651
4506.08, and 4509.05 of the Revised Code as specified in those	7652
sections, plus on and after October 1, 2009, seventy-five cents of	7653
each fee collected under sections 1548.14, 4505.14, and 4519.63 of	7654
the Revised Code as specified in those sections. The director of	7655
public safety shall use the money in the fund to pay the	7656
operating expenses of investigations, except that the director of	7657
budget and management may transfer excess money from the	7658
investigations fund to the state highway safety fund if the	7659
director of public safety determines that the amount of money in	7660
the investigations fund exceeds the amount required to cover	7661
investigative costs incurred by the investigative unit and	7662
requests the director of budget and management to make the	7663
transfer.	7664

Sec. 5502.39. There is hereby created in the state treasury	7665
the emergency management agency service and reimbursement fund.	7666
The fund shall consist of two dollars and twenty-five cents of	7667
each fee collected under sections 4501.34, 4503.26, 4506.08, and	7668
4509.05 of the Revised Code as specified in those sections, plus	7669
on and after October 1, 2009, two dollars and twenty-five cents of	7670
each fee collected under sections 1548.14, 4505.14, and 4519.63 of	7671
the Revised Code as specified in those sections, and money	7672
collected under sections 5502.21 to 5502.38 of the Revised Code.	7673
All money in the fund shall be used to pay the costs of	7674
administering programs of the emergency management agency, except	7675
that the director of budget and management may transfer excess	7676
money from the emergency management agency service and	7677
reimbursement fund to the state highway safety fund if the	7678
director of public safety determines that the amount of money in	7679
the emergency management agency service and reimbursement fund	7680
exceeds the amount required to cover such costs incurred by the	7681
emergency management agency and requests the director of budget	7682
and management to make the transfer.	7683

Sec. 5502.67. There is hereby created in the state treasury	7684
the justice program services fund. The fund shall consist of the	7685
court costs designated for the fund pursuant to section 2949.094	7686
of the Revised Code, fifty cents of each fee collected under	7687
sections 4501.34, 4503.26, 4506.08, and 4509.05 of the Revised	7688
Code as specified in those sections, plus on and after October 1,	7689
2009, fifty cents of each fee collected under sections 1548.14,	7690
4505.14, and 4519.63 of the Revised Code as specified in those	7691
sections, and all money collected by the division of criminal	7692
justice services for nonfederal purposes, including	7693
subscription fees for participating in the Ohio incident-based	7694
reporting system under division (C) of section 5502.62 of the	7695
Revised Code, unless otherwise designated by law. The justice	7696
program services fund shall be used to pay costs of	7697
administering the operations of the division of criminal justice	7698
services, except that the director of budget and management may	7699
transfer excess money from the justice program services fund to	7700
the state highway safety fund if the director of public safety	7701
determines that the amount of money in the justice program	7702
services fund exceeds the amount required to cover such costs	7703
incurred by the office of criminal justice services and requests	7704
the director of budget and management to make the transfer.	7705

Sec. 5502.68. (A) There is hereby created in the state	7706
treasury the drug law enforcement fund. ~~Three~~Ninety-seven per	7707
cent of three dollars and fifty cents out of each ten-dollar	7708
court cost imposed pursuant to section 2949.094 of the Revised	7709
Code shall be credited to the fund. Money in the fund shall be	7710
used only in accordance with this section to award grants to	7711
counties, municipal corporations, townships, township police	7712
districts, and joint township police districts to defray the	7713
expenses that a drug task force organized in the county, or in	7714
the county in which the municipal corporation, township, or	7715
district is located, incurs in performing its functions related	7716
to the enforcement of the state's drug laws and other state	7717
laws related to illegal drug activity.	7718

The division of criminal justice services shall administer	7719
all money deposited into the drug law enforcement fund and, by	7720
rule adopted under Chapter 119. of the Revised Code, shall	7721
establish procedures for a county, municipal corporation,	7722
township, township police district, or joint township police	7723
district to apply for money from the fund to defray the expenses	7724
that a drug task force organized in the county, or in the county	7725
in which the municipal corporation, township, or district is	7726
located, incurs in performing its functions related to the	7727
enforcement of the state's drug laws and other state laws related	7728
to illegal drug activity, procedures and criteria for determining	7729
eligibility of applicants to be provided money from the fund, and	7730
procedures and criteria for determining the amount of money to be	7731
provided out of the fund to eligible applicants.	7732

(B) The procedures and criteria established under division	7733
(A) of this section for applying for money from the fund shall	7734
include, but shall not be limited to, a provision requiring a	7735
county, municipal corporation, township, township police district,	7736
or joint township police district that applies for money from the	7737
fund to specify in its application the amount of money desired	7738
from the fund, provided that the cumulative amount requested in	7739
all applications submitted for any single drug task force may not	7740
exceed more than two hundred fifty thousand dollars in any	7741
calendar year for that task force.	7742

(C) The procedures and criteria established under division	7743
(A) of this section for determining eligibility of applicants to	7744
be provided money from the fund and for determining the amount of	7745
money to be provided out of the fund to eligible applicants	7746
shall include, but not be limited to, all of the following:	7747

(1) Provisions requiring that, in order to be eligible to be	7748
provided money from the fund, a drug task force that applies for	7749
money from the fund must provide evidence that the drug task force	7750
will receive a local funding match of at least twenty-five per	7751
cent of the task force's projected operating costs in the period	7752
of time covered by the grant;	7753

(2) Provisions requiring that money from the fund be	7754
allocated and provided to drug task forces that apply for money	7755
from the fund in accordance with the following priorities:	7756

(a) Drug task forces that apply, that are in existence on the	7757
date of the application, and that are determined to be eligible	7758
applicants, and to which either of the following applies shall be	7759
given first priority to be provided money from the fund:	7760

(i) Drug task forces that received funding through the	7761
division of criminal justice services in calendar year 2007;	7762

(ii) Drug task forces in a county that has a population that	7763
exceeds seven hundred fifty thousand.	7764

(b) If any moneys remain in the fund after all drug task	7765
forces that apply, that are in existence on the date of the	7766
application, that are determined to be eligible applicants, and	7767
that satisfy the criteria set forth in division (C)(2)(a)(i) or	7768
(ii) of this section are provided money from the fund as	7769
described in division (C)(2)(a) of this section, the following	7770
categories of drug task forces that apply and that are determined	7771
to be eligible applicants shall be given priority to be provided	7772
money from the fund in the order in which they apply for money	7773
from the fund:	7774

(i) Drug task forces that are not in existence on the date of	7775
the application;	7776

(ii) Drug task forces that are in existence on the date of	7777
the application but that do not satisfy the criteria set forth in	7778
division (C)(2)(a)(i) or (ii) of this section.	7779

(D) The procedures and criteria established under division	7780
(A) of this section for determining the amount of money to be	7781
provided out of the fund to eligible applicants shall include, but	7782
shall not be limited to, a provision specifying that the	7783
cumulative amount provided to any single drug task force may not	7784
exceed more than two hundred fifty thousand dollars in any	7785
calendar year.	7786

(E) As used in this section, "drug task force" means a drug	7787
task force organized in any county by the sheriff of the county,	7788
the prosecuting attorney of the county, the chief of police of	7789
the organized police department of any municipal corporation or	7790
township in the county, and the chief of police of the police	7791
force of any township police district or joint township police	7792
district in the county to perform functions related to the	7793
enforcement of state drug laws and other state laws related to	7794
illegal drug activity.	7795

Sec. 5515.01. The director of transportation may upon formal	7796
application being made to the director, grant a permit to any	7797
individual, firm, or corporation to use or occupy such portion of	7798
a road or highway on the state highway system as will not	7799
incommode the traveling public. Such permits, when granted, shall	7800
be upon the following conditions:	7801

(A) The ~~occupancy of such roads or highways shall be in the~~	7802
~~location as prescribed by the~~ director may issue a permit to any	7803
individual, firm, or corporation for any use of a road or highway	7804
on the state highway system that is consistent with applicable	7805
federal law or federal regulations.	7806

(B) Such location shall be changed as prescribed by the	7807
director when the director deems such change necessary for the	7808
convenience of the traveling public, or in connection with or	7809
contemplation of the construction, reconstruction, improvement,	7810
relocating, maintenance, or repair of such road or highway.	7811

(C) The placing of objects or things shall be at a grade and	7812
in accordance with such plans, specifications, or both, as shall	7813
be first approved by the director.	7814

(D) The road or highway in all respects shall be fully	7815
restored to its former condition of usefulness and at the expense	7816
of such individual, firm, or corporation.	7817

(E) Such individual, firm, or corporation shall maintain all	7818
objects and things in a proper manner, promptly repair all damages	7819
resulting to such road or highway on account thereof, and in event	7820
of failure to so repair such road or highway to pay to the state	7821
all costs and expenses which may be expended by the director in	7822
repairing any damage.	7823

(F) Such other conditions as may seem reasonable to the	7824
director, but no condition shall be prescribed which imposes the	7825
payment of a money consideration for the privilege granted.	7826
Nothing in this division prohibits the director from requiring	7827
payment of money consideration for a lease, easement, license, or	7828
other interest in a transportation facility under control of the	7829
department of transportation.	7830

(G) Permits may be revoked by the director at any time for a	7831
noncompliance with the conditions imposed.	7832

(H) As a condition precedent to the issuance of aany permit	7833
~~to a~~, including for telecommunications ~~service provider~~or carbon	7834
dioxide infrastructure, the director shall require the applicant	7835
to provide proof it is party to a lease, easement, or license for	7836
the construction, placement, or operation of a ~~telecommunications~~	7837
facility in or on a transportation facility.	7838

Except as otherwise provided in this section and section	7839
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,	7840
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,	7841
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit	7842
telegraph, telephone, and electric light and power companies from	7843
constructing, maintaining, and using telegraph, telephone, or	7844
electric light and power lines along and upon such roads or	7845
highways under sections 4931.19, 4933.14, or other sections of the	7846
Revised Code, or to affect existing rights of any such companies,	7847
or to require such companies to obtain a permit from the director,	7848
except with respect to the location of poles, wires, conduits, and	7849
other equipment comprising lines on or beneath the surface of such	7850
road or highways.	7851

This section does not prohibit steam or electric railroad	7852
companies from constructing tracks across such roads or highways,	7853
nor authorize the director to grant permission to any company	7854
owning, operating, controlling, or managing a steam railroad or	7855
interurban railway in this state to build a new line of railroad,	7856
or to change or alter the location of existing tracks across any	7857
road or highway on the state highway system at grade. No such	7858
company shall change the elevation of any of its tracks across	7859
such road or highway except in accordance with plans and	7860
specifications first approved by the director.	7861

This section does not relieve any individual, firm, or	7862
corporation from the obligation of satisfying any claim or demand	7863
of an owner of lands abutting on such road or highway on the state	7864
highway system on account of placing in such road or highway a	7865
burden in addition to public travel.	7866

Sec. 5515.07. (A) The director of transportation, in	7867
accordance with Chapter 119. of the Revised Code, shall adopt	7868
rules consistent with the safety of the traveling public and	7869
consistent with the national policy to govern the use and control	7870
of rest areas within the limits of the right-of-way of interstate	7871
highways and other state highways and in other areas within the	7872
limits of the right-of-way of interstate highways.	7873

(B) Except as provided in division (C) of this section or as	7874
otherwise authorized by applicable federal law or federal	7875
regulations, no person shall engage in selling or offering for	7876
sale or exhibiting for purposes of sale, goods, products,	7877
merchandise, or services within the bounds of rest areas within	7878
the limits of the right-of-way of interstate highways and other	7879
state highways, or in other areas within the limits of the	7880
right-of-way of interstate highways, unless the director issues a	7881
permit in accordance with section 5515.01 of the Revised Code.	7882
Notwithstanding any rules adopted by the director to the contrary	7883
or any other policy changes proposed by the director, each	7884
district deputy director of the department of transportation shall	7885
continue to implement any program allowing organizations to	7886
dispense free coffee or similar items after obtaining a permit	7887
that operated within the district prior to January 1, 1997. Each	7888
district deputy director shall operate such program within the	7889
district in the same manner as the program was operated prior to	7890
that date.	7891

(C) In accordance with rules adopted under division (A) of	7892
this section, the director may cause vending machines to be placed	7893
within each rest area that is able to accommodate the machines.	7894
The vending machines shall dispense food, drink, and other	7895
appropriate articles.	7896

(D) This section does not apply to the sale of goods,	7897
products, merchandise, or services required for the emergency	7898
repair of motor vehicles or emergency medical treatment, or to the	7899
department of transportation as provided in section 5515.08 of the	7900
Revised Code.	7901

Sec. 5517.011. Notwithstanding section 5517.01 of the	7902
Revised Code, the director of transportation may establish a	7903
program to expedite the sale and construction of special projects	7904
by combining the design and construction elements of a highway or	7905
bridge project into a single contract. The director shall prepare	7906
and distribute a scope of work document upon which the bidders	7907
shall base their bids. Except in regard to those requirements	7908
relating to providing plans, the director shall award contracts	7909
under this section in accordance with Chapter 5525. of the Revised	7910
Code.	7911

~~For~~On the effective date of this amendment and until July 1,	7912
2011, the total dollar value of contracts made under this section	7913
shall not exceed one billion dollars. On and after July 1, 2011,	7914
for each biennium, the total dollar value of contracts made under	7915
this section shall not exceed two hundred fifty million dollars	7916
unless otherwise authorized by the general assembly.	7917

Sec. 5525.01. ~~Before~~(A) Except as provided in division (G)	7918
of this section, before entering into a contract the director of	7919
transportation shall advertise for bids for two consecutive weeks	7920
in one newspaper of general circulation published in the county	7921
in which the improvement or part thereof is located, but if there	7922
is no such newspaper then in one newspaper having general	7923
circulation in an adjacent county. The director may advertise for	7924
bids in such other publications as the director considers	7925
advisable. Such notices shall state that plans and specifications	7926
for the improvement are on file in the office of the director and	7927
the district deputy director of the district in which the	7928
improvement or part thereof is located and the time within which	7929
bids therefor will be received.	7930

(B) Each bidder shall be required to file with the bidder's	7931
bid a bid guaranty in the form of a certified check, a cashier's	7932
check, or an electronic funds transfer to the treasurer of state	7933
that is evidenced by a receipt or by a certification to the	7934
director of transportation in a form prescribed by the director	7935
that an electronic funds transfer has been made to the treasurer	7936
of state, for an amount equal to five per cent of the bidder's	7937
bid, but in no event more than fifty thousand dollars, or a bid	7938
bond for ten per cent of the bidder's bid, payable to the	7939
director, which check, transferred sum, or bond shall be	7940
forthwith returned to the bidder in case the contract is	7941
awarded to another bidder, or, in case of a successful bidder,	7942
when the bidder has entered into a contract and furnished the	7943
bonds required by section 5525.16 of the Revised Code. In the	7944
event the contract is awarded to a bidder, and the bidder fails	7945
or refuses to furnish the bonds as required by section 5525.16	7946
of the Revised Code, the check, transferred sum, or bid bond	7947
filed with the bidder's bid shall be forfeited as liquidated	7948
damages. No bidder shall be required either to file a signed	7949
contract with the bidder's bid, to enter into a contract, or to	7950
furnish the contract performance bond and the payment bond	7951
required by that section until the bids have been opened and the	7952
bidder has been notified by the director that the bidder is	7953
awarded the contract.	7954

(C) The director shall permit a bidder to withdraw the	7955
bidder's bid from consideration, without forfeiture of the check,	7956
transferred sum, or bid bond filed with the bid, providing a	7957
written request together with a sworn statement of the grounds for	7958
such withdrawal is delivered within forty-eight hours after the	7959
time established for the receipt of bids, and if the price bid was	7960
substantially lower than the other bids, providing the bid was	7961
submitted in good faith, and the reason for the price bid being	7962
substantially lower was a clerical mistake evident on the face of	7963
the bid, as opposed to a judgment mistake, and was actually due to	7964
an unintentional and substantial arithmetic error or an	7965
unintentional omission of a substantial quantity of work, labor,	7966
or material made directly in the compilation of the bid. In the	7967
event the director decides the conditions for withdrawal have not	7968
been met, the director may award the contract to such bidder. If	7969
such bidder does not then enter into a contract and furnish the	7970
contract bond as required by law, the director may declare	7971
forfeited the check, transferred sum, or bid bond as liquidated	7972
damages and award the contract to the next higher bidder or reject	7973
the remaining bids and readvertise the project for bids. Such	7974
bidder may, within thirty days, appeal the decision of the	7975
director to the court of common pleas of Franklin county and the	7976
court may affirm or reverse the decision of the director and may	7977
order the director to refund the amount of the forfeiture. At the	7978
hearing before the common pleas court evidence may be introduced	7979
for and against the decision of the director. The decision of the	7980
common pleas court may be appealed as in other cases.	7981

(D) There is hereby created the ODOT letting fund, which	7982
shall be in the custody of the treasurer of state but shall not	7983
be part of the state treasury. All certified checks and cashiers'	7984
checks received with bidders' bids, and all sums transferred to	7985
the treasurer of state by electronic funds transfer in connection	7986
with bidders' bids, under this section shall be credited to the	7987
fund. All such bid guaranties shall be held in the fund until a	7988
determination is made as to the final disposition of the money. If	7989
the department determines that any such bid guaranty is no longer	7990
required to be held, the amount of the bid guaranty shall be	7991
returned to the appropriate bidder. If the department determines	7992
that a bid guaranty under this section shall be forfeited, the	7993
amount of the bid guaranty shall be transferred or, in the case of	7994
money paid on a forfeited bond, deposited into the state treasury,	7995
to the credit of the highway operating fund. Any investment	7996
earnings of the ODOT letting fund shall be distributed as the	7997
treasurer of state considers appropriate.	7998

(E) The director shall require all bidders to furnish the	7999
director, upon such forms as the director may prescribe, detailed	8000
information with respect to all pending work of the bidder,	8001
whether with the department of transportation or otherwise,	8002
together with such other information as the director considers	8003
necessary.	8004

(F) In the event a bidder fails to submit anything required	8005
to be submitted with the bid and then fails or refuses to so	8006
submit such at the request of the director, the failure or	8007
refusal constitutes grounds for the director, in the director's	8008
discretion, to declare as forfeited the bid guaranty submitted	8009
with the bid.	8010

(G) Notwithstanding any other provisions of this chapter, the	8011
director may use a value-based selection process, combining	8012
technical qualifications and competitive bidding elements,	8013
including consideration for minority or disadvantaged businesses	8014
that may include joint ventures, when letting special projects	8015
that contain both design and construction elements of a highway	8016
or bridge project into a single contract.	8017

(H) The director may reject any or all bids. Except ~~in regard~~	8018
tofor contracts let under division (G) of this section and for	8019
environmental remediation and specialty work for which there are	8020
no classes of work set out in the rules adopted by the director,	8021
if the director awards the contract, the director shall award it	8022
to the lowest competent and responsible bidder as defined by	8023
rules adopted by the director under section 5525.05 of the	8024
Revised Code, who is qualified to bid under sections 5525.02 to	8025
5525.09 of the Revised Code. In regard to contracts for	8026
environmental remediation and specialty work for which there are	8027
no classes of work set out in the rules adopted by the director,	8028
the director shall competitively bid the projects in accordance	8029
with this chapter and shall award the contracts to the lowest and	8030
best bidder.	8031

(I) The award for all projects competitively let by the	8032
director under this section shall be made within ten days after	8033
the date on which the bids are opened, and the successful bidder	8034
shall enter into a contract and furnish a contract performance	8035
bond and a payment bond, as provided for in section 5525.16 of the	8036
Revised Code, within ten days after the bidder is notified that	8037
the bidder has been awarded the contract.	8038

(J) The director may insert in any contract awarded under	8039
this chapter a clause providing for value engineering change	8040
proposals, under which a contractor who has been awarded a	8041
contract may propose a change in the plans and specifications of	8042
the project that saves the department time or money on the	8043
project without impairing any of the essential functions and	8044
characteristics of the project such as service life, reliability,	8045
economy of operation, ease of maintenance, safety, and necessary	8046
standardized features. If the director adopts the value	8047
engineering proposal, the savings from the proposal shall be	8048
divided between the department and the contractor according to	8049
guidelines established by the director, provided that the	8050
contractor shall receive at least fifty per cent of the savings	8051
from the proposal. The adoption of a value engineering proposal	8052
does not invalidate the award of the contract or require the	8053
director to rebid the project.	8054

Sec. 5525.012. Notwithstanding section 5525.01 of the Revised	8055
Code, the director of transportation may provide an incentive to	8056
bidders who have adopted business practices that reduce harmful	8057
air emissions and other threats to the environment. The incentive	8058
shall be in the form of a percentage reduction in such a bidder's	8059
lowest competent and responsible bid, but the reduction shall not	8060
exceed five per cent.	8061

Sec. 5525.15. The director of transportation may provide	8062
that the estimate of cost of any project to be constructed by the	8063
department by the taking of bids and awarding of contracts shall	8064
be confidential information and so remain until after all bids on	8065
the project have been received. The total amount of the estimate	8066
then shall be ~~publicly read prior to the opening of the bids of~~	8067
~~the subject~~published.	8068

When the director exercises the authority conferred by this	8069
section, all information with respect to the total estimate of	8070
cost of the project to be built by contract and with respect to	8071
the estimate of cost of any particular item of work involved	8072
therein shall be kept and regarded by the director and all the	8073
director's subordinates as confidential, and shall not be revealed	8074
to any person not employed in the department, or by the United	8075
States department of transportation in the case of projects	8076
financed in whole or part by federal funds, until after the bids	8077
on the project have been opened and ~~read~~published. Section	8078
5517.01 of the Revised Code with respect to the public inspection	8079
of estimates of cost prior to the opening of bids and with respect	8080
to filing estimates of cost in the office of the district deputy	8081
director of transportation does not apply when the authority	8082
conferred by this section is exercised. This section does not	8083
prohibit the department from furnishing estimates of cost to	8084
counties, municipal corporations, or other local political	8085
subdivisions or to railroad or railway companies proposing to pay	8086
any portion of the cost of an improvement.	8087

Section 5525.10 of the Revised Code, which provides that no	8088
contract for any improvement shall be awarded for a greater sum	8089
than the estimated cost thereof plus five per cent, does not apply	8090
in the case of any project with respect to which the authority	8091
conferred by this section is exercised. In cases in which the	8092
authority conferred by this section is exercised and in which the	8093
bid of the successful bidder exceeds the estimate, the director,	8094
before entering into a contract, shall determine that the bid of	8095
the successful bidder is fair and reasonable, and as long as the	8096
federal government imposes regulation on prices charged for	8097
construction service, shall require the successful bidder to	8098
certify that the bidder's bid does not exceed the maximum	8099
permitted by such federal regulation.	8100

Sec. 5531.09. (A) The state infrastructure bank shall	8101
consist of the highway and transit infrastructure bank fund, the	8102
aviation infrastructure bank fund, the rail infrastructure bank	8103
fund, ~~and~~ the infrastructure bank obligations fund, and the new	8104
generation infrastructure bank funds, which are hereby created as	8105
funds of the state treasury, to be administered by the director of	8106
transportation and used for the purposes described in division (B)	8107
of this section. The highway and transit infrastructure bank fund,	8108
the aviation infrastructure bank fund, and the rail infrastructure	8109
bank fund shall consist of federal grants and awards or other	8110
assistance received by the state and eligible for deposit therein	8111
under applicable federal law, payments received by the department	8112
in connection with providing financial assistance for qualifying	8113
projects under division (B) of this section, and such other	8114
amounts as may be provided by law. The infrastructure bank	8115
obligations fund shall consist of such amounts of the proceeds of	8116
obligations issued under section 5531.10 of the Revised Code as	8117
the director of transportation determines with the advice of the	8118
director of budget and management; and such other amounts as may	8119
be provided by law. The new generation infrastructure bank funds	8120
shall consist of such other assistance received by the state as	8121
may be provided by law. The director of budget and management,	8122
upon the request of the director of transportation, may transfer	8123
amounts between the funds created in this division, except the	8124
infrastructure bank obligations fund. The investment earnings of	8125
each fund created by this division shall be credited to such fund.	8126

(B)(1) The director of transportation shall use the state	8127
infrastructure bank, except the new generation infrastructure bank	8128
funds, to encourage public and private investment in	8129
transportation facilities that contribute to the multi-modal and	8130
intermodal transportation capabilities of the state, develop a	8131
variety of financing techniques designed to expand the	8132
availability of funding resources and to reduce direct state	8133
costs, maximize private and local participation in financing	8134
projects, and improve the efficiency of the state transportation	8135
system by using and developing the particular advantages of each	8136
transportation mode to the fullest extent. In furtherance of	8137
these purposes, the director shall use the state infrastructure	8138
bank to provide financial assistance to public or private	8139
entities for qualified projects. Such assistance shall be in the	8140
form of loans, loan guarantees, letters of credit, leases,	8141
lease-purchase agreements, interest rate subsidies, debt service	8142
reserves, and such other forms as the director determines to be	8143
appropriate. All fees, charges, rates of interest, payment	8144
schedules, security for, and other terms and conditions relating	8145
to such assistance shall be determined by the director. ~~The~~	8146
~~highway and transit infrastructure bank fund, the aviation~~	8147
~~infrastructure bank fund, and the rail infrastructure bank fund~~	8148
~~may be used to pay debt service on obligations whose proceeds~~	8149
~~have been deposited into the infrastructure bank obligations~~	8150
~~fund.~~	8151

(2) The director shall use the new generation infrastructure	8152
bank funds to encourage transportation innovation authorities	8153
created under Chapter 5539. of the Revised Code to invest in	8154
transportation facilities that contribute to the multi-modal and	8155
intermodal transportation capabilities of the state, develop a	8156
variety of financing techniques designed to expand the	8157
availability of funding resources and to reduce direct state	8158
costs, maximize transportation innovation authorities'	8159
participation in financing projects, and improve the efficiency of	8160
the state transportation system by using and developing the	8161
particular advantages of each transportation mode to the fullest	8162
extent. In furtherance of these purposes, the director shall use	8163
the new generation infrastructure bank funds to provide financial	8164
assistance to transportation innovation authorities for qualified	8165
projects. Such assistance shall be in the form of loans, loan	8166
guarantees, letters of credit, leases, lease-purchase agreements,	8167
interest rate subsidies, debt service reserves, and such other	8168
forms of assistance as the director determines to be appropriate.	8169
All fees, charges, rates of interest, payment schedules, security	8170
for, and other terms and conditions relating to such assistance	8171
shall be determined by the director.	8172

(C) The director of transportation shall adopt rules	8173
establishing guidelines necessary for the implementation and	8174
exercise of the authority granted by this section, including rules	8175
for receiving, reviewing, evaluating, and selecting projects for	8176
which financial assistance may be approved.	8177

(D) As used in this section and in section 5531.10 of the	8178
Revised Code, "qualified project" means any public or private	8179
transportation project as determined by the director of	8180
transportation, including, without limitation, planning,	8181
environmental impact studies, engineering, construction,	8182
reconstruction, resurfacing, restoring, rehabilitation, or	8183
replacement of public or private transportation facilities within	8184
the state, studying the feasibility thereof, and the acquisition	8185
of real or personal property or interests therein; any highway,	8186
public transit, aviation, rail, or other transportation project	8187
eligible for financing or aid under any federal or state program;	8188
and any project involving the maintaining, repairing, improving,	8189
or construction of any public or private highway, road, street,	8190
parkway, public transit, aviation, or rail project, and any	8191
related rights-of-way, bridges, tunnels, railroad-highway	8192
crossings, drainage structures, signs, guardrails, or protective	8193
structures.	8194

(E) The general assembly finds that state infrastructure	8195
projects, as defined in division (A)(8) of section 5531.10 of the	8196
Revised Code, and the state infrastructure bank, will materially	8197
contribute to the economic revitalization of areas of the state	8198
and result in improving the economic welfare of all the people of	8199
the state. Accordingly, it is declared to be the public purpose of	8200
the state, through operations under sections 5531.09 and 5531.10	8201
of the Revised Code, and other applicable laws adopted pursuant to	8202
Section 13 of Article VIII, Ohio Constitution, and other authority	8203
vested in the general assembly, to assist in and facilitate the	8204
purposes set forth in division (B) of section 5531.10 of the	8205
Revised Code, and to assist and cooperate with any governmental	8206
agency in achieving such purposes.	8207

Sec. 5531.11. As used in sections 5531.11 to 5531.18 of the	8208
Revised Code:	8209

"Cost" means all costs of constructing, improving, repairing,	8210
maintaining, administering, and operating the Ohio transportation	8211
system, including all costs payable with respect to permanent	8212
improvements as described in division (B) of section 133.15 of the	8213
Revised Code.	8214

"Governmental agency" means any state agency, federal agency,	8215
political subdivision, or other local, interstate, or regional	8216
governmental agency, and any combination of those agencies.	8217

"Highway project" means any project intended for the highway	8218
purpose of supporting the state highway system. A highway project,	8219
whether publicly or privately owned, is a state infrastructure	8220
project as defined in section 5531.10 of the Revised Code for all	8221
purposes of that section and section 5531.09 of the Revised Code	8222
and also is a transportation facility as defined in section	8223
5501.01 of the Revised Code.	8224

"New capacity project" means any tolled project for which	8225
construction is undertaken pursuant to sections 5531.11 to 5531.18	8226
of the Revised Code, including construction on existing public	8227
freeways if the construction increases the total number of lanes,	8228
including tolled and nontolled lanes, and does not decrease the	8229
total number of nontolled lanes at each mile.	8230

"Ohio transportation system" or "system" means all existing	8231
and future transportation projects constructed, operated,	8232
repaired, maintained, administered, and operated under the	8233
jurisdiction of the department of transportation, including tolled	8234
projects and highway capacity projects.	8235

"Public roads" means all public highways, roads, and streets	8236
in the state, whether maintained by a state agency or any other	8237
governmental agency.	8238

"Public utility facilities" means tracks, pipes, mains,	8239
conduits, cables, wires, towers, poles, and other equipment and	8240
appliances of any public utility.	8241

"Revenues" means all nontax revenues coming into the	8242
possession of or under the control of the department by virtue of	8243
sections 5531.11 to 5531.18 of the Revised Code. "Revenues" does	8244
not include proceeds from the sale of obligations but does include	8245
tolls, service revenues, investment income on the Ohio toll fund	8246
established in section 5531.14 of the Revised Code, rentals,	8247
gifts, and grants.	8248

"Service facilities" means service stations, restaurants, and	8249
other facilities for food service, roadside parks and rest areas,	8250
parking, camping, tenting, rest, and sleeping facilities, hotels	8251
or motels, and all similar and other facilities providing services	8252
to the traveling public in connection with the use of a tolled	8253
project and owned, leased, licensed, or operated by the department	8254
of transportation.	8255

"Service revenues" means those revenues of the department	8256
derived from its ownership, leasing, licensing, or operation of	8257
service facilities.	8258

"Tolled project" includes, but is not limited to, any express	8259
or limited access highway, motorway, interchange, service road,	8260
bridge, tunnel, bypass, general purpose lane addition, high	8261
occupancy lane, smart lane, intermodal facility, parking lot,	8262
airport, runway, canal, port, waterway, rail line, railroad	8263
interchange, railway spur, or highway project established,	8264
constructed, reconstructed, maintained, repaired, administered,	8265
operated, or improved, under the jurisdiction of the department	8266
of transportation and pursuant to sections 5531.11 to 5531.18 of	8267
the Revised Code, at a location or locations determined by the	8268
director of transportation, including all bridges, tunnels,	8269
overpasses, underpasses, interchanges, entrance plazas,	8270
approaches, those portions of connecting public roads that serve	8271
interchanges and are determined by the director to be necessary	8272
for the safe merging of traffic between the tolled project and	8273
those nontolled public roads, toll booths, service facilities,	8274
and administration, storage, and other buildings, property, and	8275
facilities that the department considers necessary for the	8276
operation or policing of the tolled project, together with all	8277
property and rights that may be acquired by the department for	8278
the construction, maintenance, repair, administration,	8279
improvement, or operation of the tolled project, and includes any	8280
sections or extensions of a tolled project designated by the	8281
department as such for the particular purpose. Each tolled	8282
project may be separately designated, by name or number, and may	8283
be constructed, improved, or extended in such sections as the	8284
department may from time to time determine pursuant to sections	8285
5531.11 to 5531.18 of the Revised Code. A tolled project, whether	8286
publicly or privately owned, is a state infrastructure project as	8287
defined in section 5531.10 of the Revised Code for all purposes	8288
of that section and section 5531.09 of the Revised Code and also	8289
is a transportation facility as defined in section 5501.01 of the	8290
Revised Code.	8291

"Tolls" means tolls, special fees or permit fees, or other	8292
charges by the department to the owners, lessors, lessees,	8293
operators of motor vehicles, or other users of a tolled project	8294
for the operation or use of or the right to operate on a tolled	8295
project.	8296

Sec. 5531.12. In order to remove present and anticipated	8297
handicaps and potential hazards on the highways in this state, to	8298
facilitate vehicular traffic throughout the state, to promote the	8299
agricultural, commercial, recreational, tourism, and industrial	8300
development of the state, and to provide for the general welfare	8301
by the construction, improvement, and maintenance of modern	8302
express highways embodying safety devices, including center	8303
divisions, ample shoulder widths, longsight distances, multiple	8304
lanes in each direction, and grade separations at intersections	8305
with other public roads and railroads, the department of	8306
transportation may construct, improve, maintain, repair,	8307
administer, and operate a system of new capacity projects at	8308
locations in accordance with alignment and design standards that	8309
are approved by the director of transportation. The tolled	8310
projects authorized by sections 5531.11 to 5531.18 of the Revised	8311
Code are part of the Ohio transportation system.	8312

Sec. 5531.13. (A) The director of transportation may acquire	8313
or dispose of any public or private property or interests therein	8314
the director determines to be necessary, convenient, or proper for	8315
the construction, improvement, repair, maintenance,	8316
administration, or operation of tolled projects in the same manner	8317
as the director may acquire or dispose of such property for	8318
transportation facilities or highway purposes, under sections	8319
5501.311 to 5501.34 and 5501.45 and Chapter 5519. of the Revised	8320
Code.	8321

(B) The director may enter into any contracts the director	8322
determines to be necessary, convenient, or proper for the	8323
construction, improvement, repair, maintenance, administration, or	8324
operation of tolled projects in the manner provided in Chapter	8325
5525. of the Revised Code.	8326

(C) The director may enter into any professional contracts	8327
the director determines to be necessary, convenient, or proper for	8328
the construction, improvement, repair, maintenance,	8329
administration, or operation of tolled projects in the manner	8330
provided in Chapter 5526. of the Revised Code.	8331

(D) Tolls and accounts within the Ohio toll fund established	8332
in section 5531.14 of the Revised Code may be used for the	8333
acquisition of property under division (A) of this section or	8334
pursuant to contracts entered into under division (B) or (C) of	8335
this section to the same extent permitted by section 5531.14 of	8336
the Revised Code with respect to obligations.	8337

Sec. 5531.14. (A) To the extent permitted by federal law,	8338
the director of transportation may fix, revise, charge, and	8339
collect tolls for each tolled project, and contract with any	8340
person or governmental agency desiring the use of any part	8341
thereof, including the right-of-way adjoining the paved portion,	8342
for placing thereon telephone, electric light, or power lines,	8343
service facilities, or for any other purpose, and fix the terms,	8344
conditions, rents, and rates of charge for such use; provided,	8345
that no toll, charge, or rental may be made for placing in, on,	8346
along, over, or under the tolled project, equipment or public	8347
utility facilities that are necessary to serve service facilities	8348
or to interconnect any public utility facilities.	8349

In accordance with Chapter 119. of the Revised Code, the	8350
director shall establish a plan, schedule, or system of tolls or	8351
charges and shall declare the purpose, amount, and duration of the	8352
tolls or charges. Any proposal to implement a toll or other charge	8353
under this section may include a plan, schedule, or system of	8354
tolls or charges that is subject to adjustment by the director	8355
within and in accordance with that plan, schedule, or system.	8356

(B) For any toll imposed under this section, the department	8357
of transportation may use a system for toll collection that is	8358
capable of charging an account holder the appropriate toll or	8359
charge by transmission of information from an electronic device on	8360
a motor vehicle to the toll lane, which information is used to	8361
charge the account holder the appropriate toll or charge.	8362

(C) One or more tolls, or a portion of any toll, may be	8363
pledged to the repayment of obligations in the bond proceedings	8364
for those obligations and shall be a pledged receipt for those	8365
obligations to the extent pledged in those bond proceedings.	8366

(D) Tolls shall be so fixed and adjusted as to provide funds	8367
at least sufficient with other revenues of the Ohio transportation	8368
system, if any, to pay:	8369

(1) Any bond service charges on obligations issued to pay	8370
costs of one or more tolled projects as such charges become due	8371
and payable;	8372

(2) The cost of maintaining, improving, repairing,	8373
constructing, and operating tolled projects within the Ohio	8374
transportation system and its different parts and sections, and	8375
to create and maintain any reserves for those purposes.	8376

(E) Except as provided in division (F) of this section, money	8377
received from tolls imposed under this section shall be deposited	8378
to the credit of the Ohio toll fund, which is hereby created in	8379
the state treasury. The treasurer of state may establish separate	8380
subaccounts within the Ohio toll fund as determined to be	8381
necessary or convenient to pay costs of constructing,	8382
improving, repairing, maintaining, administering, and operating	8383
tolled projects within the Ohio transportation system. Any	8384
remaining money deposited into the Ohio toll fund shall be used	8385
at the discretion of the director to support construction,	8386
improvement, repair, maintenance, administration, and operation	8387
costs for approved tolled projects and highway projects within one	8388
mile of a tolled project. All investment earnings of the fund	8389
shall be credited to the fund.	8390

(F) The issuing authority shall, by the fifteenth day of July	8391
of each fiscal year, certify or cause to be certified to the	8392
department of transportation and the office of budget and	8393
management the total amount of money required during the current	8394
fiscal year to meet in full all bond service charges and otherwise	8395
comply with the requirements of any applicable bond proceedings.	8396
The issuing authority shall make or cause to be made supplemental	8397
certifications to the department of transportation and the office	8398
of budget and management for each bond service payment date and at	8399
such other times during each fiscal year as may be provided in the	8400
applicable bond proceedings or required by that department or	8401
office. Bond service charges, costs of credit enhancement	8402
facilities, other financing costs, and any other amounts required	8403
under the applicable bond proceedings shall be set forth	8404
separately in each certification. Money received from tolls and	8405
other pledged receipts shall be deposited to the credit of the	8406
bond service fund at such times and in such amounts as are	8407
necessary to satisfy all those payment requirements of the	8408
applicable bond proceedings.	8409

Sec. 5531.15. (A) The director of transportation, in	8410
accordance with Chapter 119. of the Revised Code, may adopt such	8411
rules as the director considers advisable for the control and	8412
regulation of traffic on any tolled project, for the protection	8413
and preservation of property under the jurisdiction and control of	8414
the department of transportation, for the maintenance and	8415
preservation of good order within the property under its control,	8416
and for the purpose of establishing owner or operator liability	8417
for failure to comply with toll collection rules.	8418

(B) The rules shall provide that public police officers shall	8419
be afforded ready access, while in the performance of their	8420
official duties, to all property under the jurisdiction of the	8421
department of transportation and without the payment of tolls.	8422

(C) No person shall violate any such rules of the department	8423
of transportation.	8424

(D)(1) All fines collected for the violation of applicable	8425
laws of the state and the rules of the department of	8426
transportation or money arising from bonds forfeited for such	8427
violation shall be disposed of in accordance with section 5503.04	8428
of the Revised Code.	8429

(2) All fees or charges assessed by the department of	8430
transportation in accordance with this section against an owner or	8431
operator of a vehicle as a civil violation for failure to comply	8432
with toll collection rules shall be revenues of the department.	8433

Sec. 5531.16. (A) Each tolled project shall be maintained	8434
and kept in good condition and repair by the department of	8435
transportation. Tolled projects shall be operated by toll	8436
collectors and other employees and agents that the department	8437
employs or contracts for. Tolled projects shall be policed by the	8438
state highway patrol in accordance with section 5503.02 of the	8439
Revised Code; provided, that the state highway patrol also shall	8440
enforce all rules of the department adopted under division (A) of	8441
section 5531.15 of the Revised Code that relate to the operation	8442
and use of vehicles on a tolled project and that are punishable	8443
under division (A) of section 5531.99 of the Revised Code.	8444

(B) An action for damages against the state for any public or	8445
private property damaged or destroyed in carrying out the powers	8446
granted by sections 5531.11 to 5531.18 of the Revised Code shall	8447
be filed in the court of claims pursuant to Chapter 2743. of the	8448
Revised Code.	8449

(C) All governmental agencies may lease, lend, grant, or	8450
convey to the department of transportation at its request, upon	8451
terms that the proper authorities of the governmental agencies	8452
consider reasonable and fair and without the necessity for an	8453
advertisement, order of court, or other action or formality, other	8454
than the regular and formal action of the authorities concerned,	8455
any property that is necessary or convenient to the effectuation	8456
of the purposes of sections 5531.11 to 5531.18 of the Revised	8457
Code, including public roads and other property already devoted to	8458
public use.	8459

(D) Each bridge constituting part of a tolled project shall	8460
be considered a bridge on the state highway system for purposes of	8461
sections 5501.47 and 5501.49 of the Revised Code.	8462

(E) In accordance with Chapter 5501. of the Revised Code, the	8463
department of transportation shall make an annual report of its	8464
tolled project activities for the preceding calendar year to the	8465
governor and the general assembly.	8466

Sec. 5531.17. The exercise of the powers granted by sections	8467
5531.11 to 5531.18 of the Revised Code is in all respects for the	8468
benefit of the people of the state, for the increase of their	8469
commerce and prosperity, and for the improvement of their health	8470
and living conditions; and as the construction, operation, and	8471
maintenance of the Ohio toll-way system by the department of	8472
transportation constitute the performance of essential	8473
governmental functions, the department shall not be required to	8474
pay any state or local taxes or assessments upon any tolled	8475
project, or upon revenues or any property acquired or used by the	8476
department under sections 5531.11 to 5531.18 of the Revised Code,	8477
or upon the income therefrom.	8478

Sec. 5531.18. The director of transportation shall establish	8479
a procedure whereby a political subdivision or other governmental	8480
agency or agencies may submit a written application to the	8481
director in accordance with Chapter 5539. of the Revised Code	8482
requesting the department of transportation to construct and	8483
operate a tolled project within the boundaries of the subdivision,	8484
agency, or agencies making the request. The procedure shall	8485
include a requirement that the director send a written reply to	8486
the subdivision, agency, or agencies explaining the disposition of	8487
the request.	8488

Sec. 5531.99. (A) Except as provided in division (B) of this	8489
section, whoever violates division (C) of section 5531.15 of the	8490
Revised Code is guilty of a minor misdemeanor on a first offense;	8491
on each subsequent offense such person is guilty of a misdemeanor	8492
of the fourth degree.	8493

(B) Whoever violates division (C) of section 5531.15 of the	8494
Revised Code when the violation is a civil violation for failure	8495
to comply with toll collection rules is subject to a fee or charge	8496
established by the department of transportation by rule.	8497

Sec. 5537.07. (A) When the cost to the Ohio turnpike	8498
commission under any contract with a person other than a	8499
governmental agency involves an expenditure of more than fifty	8500
thousand dollars, the commission shall make a written contract	8501
with the lowest responsive and responsible bidder in accordance	8502
with section 9.312 of the Revised Code after advertisement for not	8503
less than two consecutive weeks in a newspaper of general	8504
circulation in Franklin county, and in such other publications as	8505
the commission determines, which notice shall state the general	8506
character of the work and the general character of the materials	8507
to be furnished, the place where plans and specifications therefor	8508
may be examined, and the time and place of receiving bids. The	8509
commission may require that the cost estimate for the	8510
construction, demolition, alteration, repair, improvement,	8511
renovation, or reconstruction of roadways and bridges for which	8512
the commission is required to receive bids be kept confidential	8513
and remain confidential until after all bids for the public	8514
improvement have been received or the deadline for receiving bids	8515
has passed. Thereafter, and before opening the bids submitted for	8516
the roadways and bridges, the commission shall make the cost	8517
estimate public knowledge by reading the cost estimate in a public	8518
place. The commission may reject any and all bids. The	8519
requirements of this division do not apply to contracts for the	8520
acquisition of real property or compensation for professional or	8521
other personal services.	8522

(B) Each bid for a contract for construction, demolition,	8523
alteration, repair, improvement, renovation, or reconstruction	8524
shall contain the full name of every person interested in it and	8525
shall meet the requirements of section 153.54 of the Revised Code.	8526

(C) ~~Each bid for a contract, other~~Other than for a contract	8527
referred to in division (B) of this section, each bid for a	8528
contract that involves an expenditure in excess of one hundred	8529
fifty thousand dollars or any contract with a service facility	8530
operator shall contain the full name of every person interested in	8531
it and shall be accompanied by a sufficient bond or certified	8532
check on a solvent bank that if the bid is accepted a contract	8533
will be entered into and the performance of its proposal secured.	8534

(D) AOther than a contract referred to in division (B) of	8535
this section, a bond with good and sufficient surety, in a form as	8536
prescribed and approved by the commission, shall be required of	8537
every contractor awarded a contract~~, other than a contract~~	8538
~~referred to in division (B) of this section,~~that involves an	8539
expenditure in excess of one hundred fifty thousand dollars or any	8540
contract with a service facility operator. The bond shall be in an	8541
amount equal to at least fifty per cent of the contract price,and	8542
shall be conditioned upon the faithful performance of the	8543
contract.	8544

(E) Notwithstanding any other provisions of this section, the	8545
commission may establish a program to expedite special projects by	8546
combining the design and construction elements of any public	8547
improvement project into a single contract. The commission shall	8548
prepare and distribute a scope of work document upon which the	8549
bidders shall base their bids. At a minimum, bidders shall meet	8550
the requirements of section 4733.161 of the Revised Code. Except	8551
in regard to those requirements relating to providing plans, the	8552
commission shall award contracts following the requirements set	8553
forth in divisions (A), (B), (C), and (D) of this section.	8554

Sec. 5537.99. (A) Except as provided in division (B) of	8555
this section, whoever violates division (C) of section 5537.16 of	8556
the Revised Code is guilty of a minor misdemeanor on a first	8557
offense; on each subsequent offense such person is guilty of a	8558
misdemeanor of the fourth degree.	8559

(B)(1) Whoever violates division (C) of section 5537.16 of	8560
the Revised Code when the violation is a civil violation for	8561
failure to comply with toll collection rules is subject to a fee	8562
or charge established by the commission by rule.	8563

(2) Whoever violates division (C) of section 5537.16 of the	8564
Revised Code in regard to allowable axle or vehicle loads shall be	8565
fined in accordance with division (A) of section 5577.99 of the	8566
Revised Code.	8567

Sec. 5539.01. As used in this chapter:

8568

"Governmental agency" means a county, township, or municipal	8569
corporation, and any agency thereof; any other political	8570
subdivision; any county transit system, regional transit	8571
authority, or regional transit commission created under Chapter	8572
306. of the Revised Code; any new community authority organized	8573
under Chapter 349. of the Revised Code; one or more municipal	8574
corporations and one or more townships acting pursuant to a	8575
cooperative economic development agreement entered into under	8576
section 701.07 of the Revised Code; any joint economic development	8577
zone or joint economic development district organized under	8578
Chapter 715. of the Revised Code; any metropolitan planning	8579
organization; any port authority created under Chapter 4582. of	8580
the Revised Code; any transportation improvement district created	8581
under Chapter 5540. of the Revised Code; the Ohio rail development	8582
commission created under Chapter 4981. of the Revised Code; any	8583
other public corporation, agency, or commission established	8584
pursuant to state law; and any combination of the above.	8585

"Multimodal and intermodal transportation system" means a	8586
system of roads and highways, rail lines, water ports, airports,	8587
bicycle paths, pedestrian walkways, or public transit systems,	8588
including connections between them, and related facilities.	8589

"Passenger rail service" means passenger railroad service	8590
that connects two or more urbanized areas.	8591

"Public transit system" means a system of local	8592
transportation of passengers and their incidental baggage on	8593
scheduled routes by means of a conveyance on an individual	8594
passenger fare-paying basis, and excluding transportation by a	8595
sightseeing bus, taxi, or any vehicle not operated on a scheduled	8596
route basis.	8597

"Transportation innovation authority" means a body corporate	8598
and politic created pursuant to section 5539.03 of the Revised	8599
Code.	8600

"Transportation project" means a project constructed,	8601
improved, operated, or managed under this chapter, including the	8602
construction, reconstruction, alteration, repair, improvement,	8603
operation, or management of any road, highway, bridge, or other	8604
transportation facility as defined in section 5501.01 of the	8605
Revised Code; any multimodal and intermodal systems; any public	8606
transit system; and any freight or intercity passenger rail	8607
system.	8608

Sec. 5539.02. "(A) The director of transportation is hereby	8609
authorized to establish a transportation innovation authority	8610
pilot project and shall approve not more than four transportation	8611
innovation authorities pursuant to division (B) of section 5539.03	8612
of the Revised Code and shall report to the general assembly	8613
pursuant to division (C) of section 5539.07 of the Revised Code.	8614

(B) The purpose of a transportation innovation authority	8615
established under this chapter is to foster and encourage the	8616
investment of public and private resources in the planning and	8617
implementation of innovative transportation projects to enhance	8618
the efficiency of the state's transportation system, enhance	8619
intermodal and multimodal systems to streamline the	8620
transportation of goods and persons, and encourage the improvement	8621
and development of public transit systems and intercity passenger	8622
rail service throughout the state. A transportation innovation	8623
authority shall assist governmental agencies in the identification	8624
of transportation needs that will foster growth and economic	8625
development in the region conducive to the transportation projects	8626
and shall assist in funding priority projects through cooperative	8627
arrangements involving public and private partnerships.	8628

Sec. 5539.03. (A) Subject to approval by the director of	8629
transportation under division (B) of this section, any	8630
governmental agency, by resolution, ordinance, or other formal	8631
action by the appropriate legislative authority of such	8632
governmental agency, as applicable, may enter into an agreement	8633
with one or more other governmental agencies proposing to form a	8634
transportation innovation authority. The agreement between all	8635
participating governmental agencies, at a minimum, shall do all of	8636
the following:	8637

(1) Identify all members of the authority;

8638

(2) Designate the geographical area to be included in the	8639
jurisdiction of the authority;	8640

(3) Identify the transportation needs of the region covered	8641
by the authority and define the transportation projects necessary	8642
to meet such needs;	8643

(4) Provide for the planning, construction, operation, and	8644
maintenance of transportation projects proposed to be undertaken	8645
by the authority;	8646

(5) Establish the dates for the existence and operation of	8647
the authority, which shall include a date of creation, the means	8648
for determining when the authority shall cease to exist, how the	8649
authority may expand its membership, and how a member may end its	8650
membership;	8651

(6) Allow for and establish the terms of funding arrangements	8652
for the identified projects through any combination of funding	8653
sources authorized by this chapter or otherwise authorized by law;	8654

(7) Subject to section 5539.031 of the Revised Code, require	8655
all political subdivisions participating as members of the	8656
authority to agree, in a time and manner specified in the	8657
agreement, to adopt zoning and land use policies and laws that	8658
are consistent with and that complement the transportation	8659
innovation authority priorities, objectives, and identified	8660
projects.	8661

(B) Upon entering into an agreement, a proposed	8662
transportation innovation authority shall provide a copy of the	8663
agreement to the director of transportation, who shall approve or	8664
disapprove the agreement or suggest modifications to ensure	8665
consistency with the purposes of this chapter.	8666

(C) A transportation innovation authority is deemed to be	8667
created upon the adoption by each participating governmental	8668
agency, acting by resolution, ordinance, or other formal action,	8669
as applicable, of an agreement approved by the director.	8670

Sec. 5539.031. As soon as practicable after approval of an	8671
agreement under division (C) of section 5539.03 of the Revised	8672
Code and before engaging in any transportation project	8673
development, a transportation innovation authority shall develop a	8674
proposed land use plan for the area within the authority that	8675
includes recommended changes to current land use and zoning	8676
policies and other measures that promote land use consistent with	8677
the authority's proposed transportation projects. The proposed	8678
land use plan shall be submitted to each member governmental	8679
agency and the department of transportation. The plan shall	8680
include a document that specifically details the changes required	8681
of each such governmental agency to that agency's current land use	8682
and zoning policies. Upon receipt of the proposed land use plan,	8683
the appropriate legislative authority of the governmental agency,	8684
in the time and manner specified in the agreement adopted under	8685
section 5539.03 of the Revised Code, shall express its intent to	8686
take action to change its land use policies and regulations.	8687

Sec. 5539.04. (A) A transportation innovation authority shall	8688
be governed by a board of directors, the membership of which shall	8689
be established by the governmental agencies comprising the	8690
authority; provided, that there shall be an equal number of board	8691
members representing each governmental agency comprising the	8692
authority. Each member of the board serves at the pleasure of the	8693
member's appointing authority, and the appointing authority may	8694
remove an appointee the appointing authority has appointed at any	8695
time and for any reason. Members of the board shall receive no	8696
compensation but may be reimbursed for their necessary and actual	8697
expenses incurred in the course of duties as board members. The	8698
affirmative vote of a majority of the board is necessary to	8699
transact business.	8700

(B) An authority shall adopt bylaws for the regulation of its	8701
affairs and the conduct of its business and shall provide for	8702
public notice and opportunity for public comment on the	8703
identification of transportation projects and plans for funding	8704
the construction, operation, and maintenance of such projects.	8705

(C) A transportation innovation authority is a body both	8706
corporate and politic, and the exercise by it of the powers	8707
conferred by this chapter are considered to be essential	8708
governmental functions.	8709

Sec. 5539.05. A transportation innovation authority may:

8710

(A) Sue and be sued in its own name, plead, and be impleaded;	8711
provided, any actions against the authority shall be brought in	8712
the court of common pleas in the county in which the authority is	8713
headquartered or in the court of common pleas of the county in	8714
which the cause of action arose, and all summonses and notices of	8715
any kind shall be served on the authority by leaving a copy	8716
thereof at its headquarters;	8717

(B) Purchase, construct, maintain, repair, sell, exchange,	8718
police, operate, or lease a project as defined by this chapter;	8719

(C) Make and enter into all contracts and agreements	8720
necessary or incidental to the performance of its functions in	8721
designing, planning, and implementing a project and the execution	8722
of its powers under this chapter;	8723

(D) Employ, retain, or contract for the services of	8724
consultants, engineers, construction and accounting experts,	8725
financial advisers, trustees, attorneys, or other employees,	8726
independent contractors, or agents as are necessary in its	8727
judgment for the exercise of its powers and performance of its	8728
duties under this chapter;	8729

(E) Acquire, hold, and dispose of property in the exercise of	8730
its powers and the performance of its duties under this chapter;	8731

(F) Direct its agents or employees, when properly identified	8732
in writing and after reasonable notice, to enter upon lands within	8733
its jurisdiction to make surveys and examinations preliminary to	8734
the location and construction of projects for the authority,	8735
without liability of the authority or its agents or employees	8736
except for actual damages arising solely out of such entry;	8737

(G) Enter into contracts, agreements, or any other	8738
partnerships with private entities, where appropriate, to	8739
streamline and enhance the planning and implementation and funding	8740
of identified projects;	8741

(H) Do all acts necessary and proper to carry out the powers	8742
expressly granted in this chapter.	8743

Sec. 5539.06. The board and members of a transportation	8744
innovation authority created under this chapter shall encourage	8745
the participation of all political subdivisions within the	8746
geographic jurisdiction of the authority. An authority shall	8747
invite the participation of any new community authority, county	8748
transit system, regional transit authority, regional transit	8749
commission, joint economic development zone or joint economic	8750
development district, transportation improvement district, port	8751
authority, or metropolitan planning organization whose	8752
jurisdiction is within or substantially within the jurisdiction	8753
identified by an authority.	8754

Sec. 5539.07. (A) The director of transportation may provide	8755
grants for planning and project development, funding from the	8756
state infrastructure bank under section 5531.09 of the Revised	8757
Code, and support for the priority transportation projects	8758
identified by a transportation innovation authority.	8759

(B) In accordance with Chapter 119. of the Revised Code, the	8760
director may adopt rules to assist in the creation and operation	8761
of transportation innovation authorities consistent with the	8762
purposes of this chapter.	8763

(C) The director shall issue an annual report to the general	8764
assembly summarizing the effectiveness of the authorities created	8765
under this chapter in identifying and funding the transportation	8766
needs of the state.	8767

Sec. 5539.08. (A) A transportation innovation authority shall	8768
hold and apply such funds as it considers necessary to carry out	8769
the powers and duties conferred by this chapter and as set forth	8770
in the agreement adopted by the authority.	8771

(B) An authority shall adopt an operating budget to hire	8772
employees, contract for services, and conduct normal business	8773
functions. All funding for such operating budget shall be paid	8774
from contributions from each governmental agency constituting the	8775
authority. No state funds shall be used for the operating budget	8776
of an authority.	8777

(C) An authority shall submit an annual audited financial	8778
report to the general assembly and the director of transportation	8779
setting forth all sources and uses of funds obtained or otherwise	8780
generated by the authority and a detailed breakdown of the	8781
different classes of expenditures made by the authority during	8782
each calendar year of operation. Such report also shall contain	8783
two-year budget projections for the operating expenses for the	8784
authority and specific transportation project funding.	8785

Sec. 5539.09. (A) A transportation innovation authority may	8786
acquire by purchase, lease, lease-purchase, lease with option to	8787
purchase, or otherwise, and in such manner and for such	8788
consideration as it considers proper, any public or private	8789
property necessary, convenient, or proper for the construction,	8790
maintenance, repair, or operation of a transportation project.	8791
Title to real and personal property shall be held in the name of	8792
the authority. Except as otherwise agreed to by the owner, full	8793
compensation shall be paid for public property taken.	8794

(B) A governmental agency may exercise the power of eminent	8795
domain to acquire property necessary for or in connection with a	8796
transportation project, but only to the extent such power is	8797
granted to the governmental agency individually. In any	8798
proceedings for appropriation, the procedure to be followed shall	8799
be in accordance with that provided in sections 163.01 to 163.22	8800
of the Revised Code or as otherwise provided by law for the	8801
governmental agency. Nothing in this chapter shall be construed as	8802
permitting a transportation innovation authority to exercise the	8803
power of eminent domain as a collective entity to acquire property	8804
necessary for or in connection with a transportation project.	8805

(C) This section does not authorize an authority to take or	8806
disturb property or facilities belonging to any public utility or	8807
to a common carrier engaged in interstate commerce if the property	8808
or facilities are required for the proper and convenient operation	8809
of the public utility or common carrier unless provision is made	8810
for the restoration, relocation, replication, or duplication of	8811
the property or facilities elsewhere at the sole cost of the	8812
authority.	8813

(D) Except as otherwise provided in this chapter, disposition	8814
of real property shall be by sale, lease-purchase agreement, lease	8815
with option to purchase, or otherwise in such manner and for such	8816
consideration as the authority determines if to a governmental	8817
agency or to a private entity involved in the transportation	8818
project funding, and otherwise in the manner provided in section	8819
5501.45 of the Revised Code for the disposition of property by the	8820
director of transportation. Disposition of personal property shall	8821
be in such manner and for such consideration as the authority	8822
determines.	8823

Sec. 5539.10. The board of directors of a transportation	8824
innovation authority may acquire real property in fee simple in	8825
the name of the authority in connection with, but in excess of	8826
that needed for, a project, by any method other than appropriation	8827
and hold the property for such period of time as the board	8828
determines. All right, title, and interest of the authority in the	8829
property may be sold at public auction or otherwise, as the board	8830
considers in the best interests of the authority, but in no event	8831
shall the property be sold for less than two-thirds of its	8832
appraised value. Sale at public auction shall be undertaken only	8833
after the board advertises the sale in a newspaper of general	8834
circulation in the area of the jurisdiction of the authority for	8835
at least two weeks prior to the date set for the sale.	8836

Sec. 5539.11. (A) A governmental agency may fund or assist in	8837
funding a transportation project as set forth in this chapter	8838
using the authority granted to any governmental agency	8839
participating as a member of a transportation innovation	8840
authority, but only to the extent such power is granted to the	8841
governmental agency individually. Nothing in this section shall be	8842
construed as permitting a transportation innovation authority or	8843
granting such authority the right to levy any fee, assessment,	8844
payment, or tax as a collective entity.	8845

(B) Projects identified by a transportation innovation	8846
authority under this chapter may be funded through any combination	8847
of revenue generated under the authority granted by this chapter	8848
or under the authority granted to any governmental agency	8849
participating as a member of an authority. Subject to the	8850
following limitations, such funding sources may include special	8851
fees and assessments levied by a governmental agency, fair share	8852
payments, payments in lieu of property tax on improvements, cash	8853
payments by private participants, dedicated portions of local	8854
sales tax and local income tax receipts, loans or grants from	8855
local, state, or federal sources, implementation of tolling	8856
arrangements or other charges as authorized and governed by	8857
sections 5531.11 to 5531.18 of the Revised Code, or any other	8858
revenue raising or tax incentive authority available to an	8859
authority or any governmental agency acting as a member of an	8860
authority:	8861

(1) A transportation innovation authority may participate in	8862
the levy of special assessments by a governmental agency to assist	8863
in the payment of costs for the construction, reconstruction,	8864
alteration, repair, improvement, operation, or management of an	8865
identified transportation project if the authority determines that	8866
the project will benefit the geographic area where the project	8867
will be constructed, reconstructed, altered, repaired, improved,	8868
operated, or maintained.	8869

(2) When it is determined that a project will benefit both a	8870
single political subdivision and the jurisdiction covered by an	8871
authority as a whole, any governmental agency participating as a	8872
member of a transportation innovation authority may exercise its	8873
taxing authority on income, sales, or property under Title LVII of	8874
the Revised Code, or provide for payments in lieu of property tax	8875
on improvements, to benefit the entire jurisdiction covered by the	8876
authority.	8877

(3) A transportation innovation authority may obtain loans or	8878
grants from local, state, or federal sources. Loans or grants from	8879
federal or state sources may be used for funding transportation	8880
projects and may not be applied to the operating expenses of an	8881
authority.	8882

(4) An authority may issue bonds to pay for all or part of	8883
the cost of an identified project.	8884

(5) When it is determined that a project will benefit both a	8885
single political subdivision and the jurisdiction covered by an	8886
authority as a whole, each governmental agency participating as a	8887
member of the authority may issue bonds for a portion of the cost	8888
of any project if Chapter 133. of the Revised Code would authorize	8889
the issuance of those bonds as if the governmental agency alone	8890
were undertaking the project, subject to the same conditions and	8891
restrictions.	8892

(6) Any governmental agency participating as a member of an	8893
authority may appropriate money available to the agency to pay	8894
costs incurred by the authority in the exercise of its powers and	8895
duties.	8896

(7) An authority may enter into agreements with private	8897
entities to assist with the construction, improvement, operation,	8898
or management of transportation projects. Such agreements may	8899
include fair share payments to be made by the private entities to	8900
fund the projects.	8901

(8) An authority may charge tolls or fees for the use of its	8902
transportation projects or facilities pursuant to sections 5531.11	8903
to 5531.18 of the Revised Code. Such revenues shall be deposited	8904
in accordance with sections 5531.11 to 5531.18 of the Revised	8905
Code and shall be utilized to support construction, improvement,	8906
repair, maintenance, administration, and operation costs for	8907
transportation projects within the geographical jurisdiction of	8908
the authority. All projects for which a toll or fee is proposed	8909
to be charged shall be subject to the review and approval of the	8910
transportation review advisory council in accordance with Chapter	8911
5512. of the Revised Code.	8912

Sec. 5735.06. (A) On or before the last day of each month,	8913
each motor fuel dealer shall file with the tax commissioner a	8914
report for the preceding calendar month, on forms prescribed by or	8915
in a form acceptable to the tax commissioner. The report shall	8916
include the following information:	8917

(1) An itemized statement of the number of gallons of all	8918
motor fuel received during the preceding calendar month by such	8919
motor fuel dealer, which has been produced, refined, prepared,	8920
distilled, manufactured, blended, or compounded by such motor fuel	8921
dealer in the state;	8922

(2) An itemized statement of the number of gallons of all	8923
motor fuel received by such motor fuel dealer in the state from	8924
any source during the preceding calendar month, other than motor	8925
fuel included in division (A)(1) of this section, together with a	8926
statement showing the date of receipt of such motor fuel; the name	8927
of the person from whom purchased or received; the date of receipt	8928
of each shipment of motor fuel; the point of origin and the point	8929
of destination of each shipment; the quantity of each of said	8930
purchases or shipments; the name of the carrier; the number of	8931
gallons contained in each car if shipped by rail; the point of	8932
origin, destination, and shipper if shipped by pipe line; or the	8933
name and owner of the boat, barge, or vessel if shipped by water;	8934

(3) An itemized statement of the number of gallons of motor	8935
fuel which such motor fuel dealer has during the preceding	8936
calendar month:	8937

(a) For motor fuel other than gasoline sold for use other	8938
than for operating motor vehicles on the public highways or on	8939
waters within the boundaries of this state;	8940

(b) Exported from this state to any other state or foreign	8941
country as provided in division (A)(4) of section 5735.05 of the	8942
Revised Code;	8943

(c) Sold to the United States government or any of its	8944
agencies;	8945

(d) Sold for delivery to motor fuel dealers;

8946

(e) Sold exclusively for use in the operation of aircraft;.

8947

(4) Such other information incidental to the enforcement of	8948
the motor fuel laws of the state as the commissioner requires.	8949

(B) The report shall show the tax due, computed as follows:

8950

(1) The following deductions shall be made from the total	8951
number of gallons of motor fuel received by the motor fuel dealer	8952
within the state during the preceding calendar month:	8953

(a) The total number of gallons of motor fuel received by the	8954
motor fuel dealer within the state and sold or otherwise disposed	8955
of during the preceding calendar month as set forth in section	8956
5735.05 of the Revised Code;	8957

(b) The total number of gallons received during the preceding	8958
calendar month and sold or otherwise disposed of to another	8959
licensed motor fuel dealer pursuant to section 5735.05 of the	8960
Revised Code;	8961

(c) To cover the costs of the motor fuel dealer ~~in compiling~~	8962
~~the report, and~~for evaporation, shrinkage, or other	8963
unaccounted-for losses:	8964

(i) If the report is timely filed ~~and~~or the tax is timely	8965
paid, ~~three~~one-half per cent of the total number of gallons of	8966
motor fuel received by the motor fuel dealer within the state	8967
during the preceding calendar month less the total number of	8968
gallons deducted under divisions (B)(1)(a) and (b) of this	8969
section, less ~~one~~fifteen one-hundredths of one per cent of the	8970
total number of gallons of motor fuel that were sold to a retail	8971
dealer during the preceding calendar month;	8972

(ii) If the report required by division (A) of this section	8973
is not timely filed ~~and~~or the tax is not timely paid, no	8974
deduction shall be allowed;	8975

(iii) If the report is incomplete, no deduction shall be	8976
allowed for any fuel on which the tax is not timely reported ~~and~~	8977
or paid;.	8978

(2) The number of gallons remaining after the deductions have	8979
been made shall be multiplied separately by each of the following	8980
amounts:	8981

(a) The cents per gallon rate;

8982

(b) Two cents.

8983

The sum of the products obtained in divisions (B)(2)(a) and	8984
(b) of this section shall be the amount of motor fuel tax for the	8985
preceding calendar month.	8986

(C) The report shall be filed ~~together with~~and payment of	8987
the tax shown on the report to be due~~, unless~~shall be made. If	8988
the motor fuel dealer is required by section 5735.062 of the	8989
Revised Code to pay the tax by electronic funds transfer, ~~in which~~	8990
~~case~~ the dealer shall file the report pursuant to this section and	8991
pay the tax pursuant to section 5735.062 of the Revised Code. The	8992
commissioner may extend the time for filing reports and may remit	8993
all or part of penalties which may become due under sections	8994
5735.01 to 5735.99 of the Revised Code. For purposes of this	8995
section and sections 5735.062 and 5735.12 of the Revised Code, a	8996
report required to be filed under this section is considered filed	8997
when it is received by the tax commissioner, and remittance of	8998
the tax due is considered to be made when the remittance is	8999
received by the tax commissioner or when credited to an account	9000
designated by the treasurer of state and the tax commissioner for	9001
the receipt of tax remittances. The tax commissioner shall	9002
immediately forward to the treasurer of state all amounts received	9003
under this section.	9004

(D) The tax commissioner may require a motor fuel dealer to	9005
file a report for a period other than one month. Such a report,	9006
together with payment of the tax, shall be filed not later than	9007
thirty days after the last day of the prescribed reporting period.	9008

(E) No person required by this section to file a tax report	9009
shall file a false or fraudulent tax report or supporting	9010
schedule.	9011

Sec. 5735.141. Any retail dealer of motor fuel shall	9012
receive a refund for Ohio motor fuel taxes paid on fuel lost by a	9013
retail dealer through shrinkage and evaporation. This refund shall	9014
be fifteen one-hundredths of one per cent of the Ohio motor fuel	9015
taxes paid on fuel purchased during any semiannual period ending	9016
the thirtieth day of June or the thirty-first day of December.	9017

In order to receive a refund, the retail dealer shall file	9018
with the tax commissioner, within one hundred twenty days after	9019
the thirtieth day of June and the thirty-first day of December of	9020
each year, an application for a refund stating the quantity of	9021
motor fuel that was purchased for resale by the applicant during	9022
the preceding semiannual period ending the thirtieth day of June	9023
or the thirty-first day of December and upon which the motor fuel	9024
tax has been paid. No person shall file a claim for the tax on	9025
fewer than one hundred gallons of motor fuel. The form and	9026
contents of the application shall be prescribed by the	9027
commissioner, and the application shall be signed in accordance	9028
with section 5703.25 of the Revised Code. On the filing of the	9029
application, the commissioner shall determine the amount of refund	9030
to which the applicant is entitled. If the amount is not less than	9031
that claimed, the commissioner shall certify the amount to the	9032
director of budget and management and treasurer of state for	9033
payment from the tax refund fund created by section 5703.052 of	9034
the Revised Code. If the amount is less than that claimed, the	9035
commissioner shall proceed in accordance with section 5703.70 of	9036
the Revised Code.	9037

No refund shall be authorized or ordered under this section	9038
for any single claim for the tax on fewer than one hundred gallons	9039
of motor fuel.	9040

The refund authorized by this section or section 5703.70 of	9041
the Revised Code shall be reduced by the cents per gallon amount	9042
of any qualified fuel credit received under section 5735.145 of	9043
the Revised Code, as determined by the commissioner, for each	9044
gallon of qualified fuel included in the total gallonage of motor	9045
fuel upon which the refund is computed.	9046

The right to receive any refund under this section or section	9047
5703.70 of the Revised Code is not assignable. The payment of the	9048
refund shall not be made to any person other than the retail	9049
dealer originally entitled thereto, except that the refund may be	9050
paid to the executor, administrator, receiver, trustee in	9051
bankruptcy, or assignee in insolvency proceedings of such	9052
retailer.	9053

A motor fuel dealer shall be deemed to be a retail dealer	9054
when acting in a retail capacity.	9055

Section 101.02. That existing sections 121.51, 125.11,	9056
133.52, 151.01, 151.09, 151.40, 955.201, 1548.10, 1548.14,	9057
2911.21, 2949.094, 3781.10, 3905.423, 4163.01, 4163.07, 4501.01,	9058
4501.03, 4501.044, 4501.06, 4501.21, 4501.34, 4503.04, 4503.042,	9059
4503.07, 4503.10, 4503.103, 4503.182, 4503.26, 4503.65,	9060
4505.032, 4505.09, 4505.14, 4506.07, 4506.08, 4506.11, 4507.05,	9061
4507.06, 4507.071, 4507.13, 4507.23, 4507.24, 4507.51, 4507.52,	9062
4509.05, 4511.01, 4511.093, 4511.181, 4511.191, 4511.213,	9063
4513.03, 4513.263, 4519.02, 4519.03, 4519.04, 4519.08, 4519.09,	9064
4519.10, 4519.44, 4519.47, 4519.59, 4519.63, 4561.17, 4561.18,	9065
4561.21, 4981.02, 5501.03, 5501.311, 5501.34, 5502.03, 5502.39,	9066
5502.67, 5502.68, 5515.01, 5515.07, 5517.011, 5525.01, 5525.15,	9067
5531.09, 5537.07, 5537.99, 5735.06, and 5735.141 of the Revised	9068
Code are hereby repealed.	9069

Section 105.01. That sections 955.202 and 5902.09 of the	9070
Revised Code are hereby repealed.	9071

Section 105.05. Section 121.53 of the Revised Code is hereby	9072
repealed, effective September 30, 2013.	9073

Section 201.10. Except as otherwise provided, all	9074
appropriation items in this act are hereby appropriated out of any	9075
moneys in the state treasury to the credit of the designated fund	9076
that are not otherwise appropriated. For all appropriations made	9077
in this act, the amounts in the first column are for fiscal year	9078
2010 and the amounts in the second column are for fiscal year	9079
2011.	9080

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

9081

FUND

TITLE

FY 2010

FY 2011

9082

Highway Operating Fund Group	9083

2120	772426	Highway Infrastructure Bank - Federal	$	4,018,649	$	4,018,649	9084
2120	772427	Highway Infrastructure Bank - State	$	10,209,272	$	10,209,272	9085
2120	772429	Highway Infrastructure Bank - Local	$	11,499,999	$	11,499,999	9086
2120	772430	Infrastructure Debt Reserve Title 23-49	$	1,500,000	$	1,500,000	9087
2120	775408	Transit Infrastructure Bank - Local	$	812,685	$	812,685	9088
2120	775455	Title 49 Infrastructure - Bank - State	$	312,795	$	312,795	9089
2130	772431	Roadway Infrastructure Bank - State	$	1,000,000	$	1,000,000	9090
2130	772432	Roadway Infrastructure Bank - Local	$	6,000,000	$	6,000,000	9091
2130	772433	Infrastructure Debt Reserve - State	$	2,000,000	$	2,000,000	9092
2130	775457	Transit Infrastructure Bank - State	$	312,082	$	312,082	9093
2130	775460	Transit Infrastructure Bank - Local	$	1,000,000	$	1,000,000	9094
2130	777477	Aviation Infrastructure Bank - State	$	3,500,000	$	3,500,000	9095
2130	777478	Aviation Infrastructure Bank - Local	$	6,000,000	$	6,000,000	9096
2160	772439	New Generation Highway Loan	$	50,000,000	$	0	9097
2160	772440	New Generation Highway Bond	$	50,000,000	$	0	9098
2180	775461	New Generation Multi Modal Loan	$	120,000,000	$	0	9099
2180	775462	New Generation Multi Modal Bond	$	120,000,000	$	0	9100
7002	770003	Administration - State - Debt Service	$	3,415,700	$	1,821,000	9101
7002	771411	Planning and Research - State	$	21,044,516	$	21,463,169	9102
7002	771412	Planning and Research - Federal	$	23,970,770	$	24,214,310	9103
7002	772421	Highway Construction - State	$	542,801,332	$	517,419,558	9104
7002	772422	Highway Construction - Federal	$	1,091,378,700	$	1,065,737,629	9105
7002	772424	Highway Construction - Other	$	121,377,011	$	109,694,836	9106
7002	772437	GARVEE Debt Service - State	$	21,778,200	$	27,547,900	9107
7002	772438	GARVEE Debt Service - Federal	$	131,814,700	$	136,513,200	9108
7002	773431	Highway Maintenance - State	$	405,633,542	$	425,329,858	9109
7002	775452	Public Transportation - Federal	$	27,060,785	$	27,060,785	9110
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	9111
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	9112
7002	776462	Grade Crossings - Federal	$	15,000,000	$	15,000,000	9113
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	9114
7002	777475	Aviation Administration	$	4,945,697	$	5,186,959	9115
7002	779491	Administration - State	$	131,087,437	$	134,889,042	9116
TOTAL HOF Highway Operating							9117
Fund Group			$	2,936,108,872	$	2,566,678,728	9118

State Special Revenue Fund Group	9119

4N40	776663	Panhandle Lease Reserve Payments	$	762,600	$	764,300	9120
4N40	776664	Rail Transportation - Other	$	2,111,500	$	2,111,500	9121
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	9122
TOTAL SSR State Special Revenue							9123
Fund Group			$	3,494,100	$	3,495,800	9124

Intrastructure Bank Obligations Fund Group	9125

7045	772428	Highway Infrastructure Bank - Bonds	$	71,000,000	$	65,000,000	9126
TOTAL 045 Infrastructure Bank							9127
Obligations Fund Group			$	71,000,000	$	65,000,000	9128

Highway Capital Improvement Fund Group	9129

7042	772723	Highway Construction - Bonds	$	194,000,000	$	163,000,000	9130
TOTAL 042 Highway Capital							9131
Improvement Fund Group			$	194,000,000	$	163,000,000	9132
TOTAL ALL BUDGET FUND GROUPS			$	3,204,602,972	$	2,798,174,528	9133

Section 203.11. PUBLIC ACCESS ROADS FOR DNR FACILITIES

9135

Of the foregoing appropriation item 772421, Highway	9136
Construction – State, $5,000,000 shall be used in each fiscal	9137
year for the construction, reconstruction, or maintenance of	9138
public access roads, including support features, to and within	9139
state facilities owned or operated by the Department of Natural	9140
Resources.	9141

Section 203.12. PUBLIC ACCESS ROADS FOR PARKS AND EXPOSITIONS	9142
COMMISSION FACILITIES	9143

Notwithstanding section 5511.06 of the Revised Code, of the	9144
foregoing appropriation item 772421, Highway Construction –	9145
State, $2,228,000 in each fiscal year shall be used for the	9146
construction, reconstruction, or maintenance of park drives or	9147
park roads within the boundaries of metropolitan parks.	9148

The Department of Transportation may use the foregoing	9149
appropriation item 772421, Highway Construction – State, to	9150
perform related road work on behalf of the Ohio Expositions	9151
Commission at the state fairgrounds, including reconstruction or	9152
maintenance of public access roads and support features to and	9153
within fairground facilities, as requested by the Commission and	9154
approved by the Director of Transportation.	9155

Section 203.13. DIRECT INVESTMENT IN PUBLIC TRANSIT

9156

Of the foregoing appropriation item 772422, Highway	9157
Construction – Federal, $7,500,000 shall be used in each fiscal	9158
year to provide grants to local transit authorities to purchase or	9159
improve public transit vehicles. To provide for a cleaner	9160
environment, new transit vehicles purchased and improvements made	9161
to a local transit authority's existing fleet of vehicles with	9162
funds provided under this section must foster the goals of	9163
increasing fuel efficiency, reducing emissions, and using	9164
alternative fuels, as appropriate.	9165

Section 203.16. DIESEL EMISSIONS REDUCTION PILOT PROJECT

9166

Of the foregoing appropriation item 772422, Highway	9167
Construction – Federal, $600,000 shall be used in fiscal year 2010	9168
for a truck stop electrification pilot project to reduce diesel	9169
emissions from commercial vehicles.	9170

Section 203.20. ISSUANCE OF BONDS

9171

The Treasurer of State, upon the request of the Director of	9172
Transportation, is authorized to issue and sell, in accordance	9173
with Section 2m of Article VIII, Ohio Constitution, and Chapter	9174
151. and particularly sections 151.01 and 151.06 of the Revised	9175
Code, obligations, including bonds and notes, in the aggregate	9176
amount of $352,000,000 in addition to the original issuance of	9177
obligations authorized by prior acts of the General Assembly.	9178

The obligations shall be dated, issued, and sold from time to	9179
time in amounts necessary to provide sufficient moneys to the	9180
credit of the Highway Capital Improvement Fund (Fund 7042) created	9181
by section 5528.53 of the Revised Code to pay costs charged to the	9182
fund when due as estimated by the Director of Transportation,	9183
provided, however, that such obligations shall be issued and sold	9184
at such time or times so that not more than $220,000,000 original	9185
principal amount of obligations, plus the principal amount of	9186
obligations that in prior fiscal years could have been, but were	9187
not, issued within the $220,000,000 limit, may be issued in any	9188
fiscal year, and not more than $1,200,000,000 original principal	9189
amount of such obligations are outstanding at any one time.	9190

Section 203.30. TRANSFER OF HIGHWAY OPERATING FUND (FUND	9191
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY	9192
CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL, AVIATION, AND	9193
ADMINISTRATION	9194

The Director of Budget and Management may approve requests	9195
from the Director of Transportation for transfer of Highway	9196
Operating Fund (Fund 7002) appropriations for highway planning and	9197
research (appropriation items 771411 and 771412), highway	9198
construction (appropriation items 772421, 772422, 772424, 772437,	9199
and 772438), highway maintenance (appropriation item 773431),	9200
rail grade crossings (appropriation item 776462), aviation	9201
(appropriation item 777475), and administration (appropriation	9202
item 779491). The Director of Budget and Management may not make	9203
transfers out of debt service appropriation items unless the	9204
Director determines that the appropriated amounts exceed the	9205
actual and projected debt service requirements. Transfers of	9206
appropriations may be made upon the written request of the	9207
Director of Transportation and with the approval of the Director	9208
of Budget and Management. The transfers shall be reported to the	9209
Controlling Board at the next regularly scheduled meeting of the	9210
board.	9211

This transfer authority is intended to provide for emergency	9212
situations and flexibility to meet unforeseen conditions that	9213
could arise during the budget period. It also is intended to allow	9214
the department to optimize the use of available resources and	9215
adjust to circumstances affecting the obligation and expenditure	9216
of federal funds.	9217

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL AND	9218
LOCAL TRANSIT	9219

The Director of Budget and Management may approve written	9220
requests from the Director of Transportation for the transfer of	9221
appropriations between appropriation items 772422, Highway	9222
Construction - Federal, 775452, Public Transportation - Federal,	9223
775454, Public Transportation - Other, and 775459, Elderly and	9224
Disabled Special Equipment, based upon transit capital projects	9225
meeting Federal Highway Administration and Federal Transit	9226
Administration funding guidelines. The transfers shall be reported	9227
to the Controlling Board at its next regularly scheduled meeting.	9228

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	9229
BANK	9230

The Director of Budget and Management may approve requests	9231
from the Director of Transportation for transfer of appropriations	9232
and cash of the Infrastructure Bank funds created in section	9233
5531.09 of the Revised Code, including transfers between fiscal	9234
years 2010 and 2011. The transfers shall be reported to the	9235
Controlling Board at its next regularly scheduled meeting.	9236

The Director of Budget and Management may approve requests	9237
from the Director of Transportation for transfer of appropriations	9238
and cash from the Highway Operating Fund (Fund 7002) to the	9239
Infrastructure Bank funds created in section 5531.09 of the	9240
Revised Code. The Director of Budget and Management may transfer	9241
from the Infrastructure Bank funds to the Highway Operating Fund	9242
up to the amounts originally transferred to the Infrastructure	9243
Bank funds under this section. However, the Director may not make	9244
transfers between modes or transfers between different funding	9245
sources. The transfers shall be reported to the Controlling Board	9246
at its next regularly scheduled meeting.	9247

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

9248

The Director of Budget and Management may approve requests	9249
from the Director of Transportation for transfer of appropriations	9250
and cash of the Ohio Tolling Fund and any sub-accounts created in	9251
section 5531.14 of the Revised Code, including transfers between	9252
fiscal years 2010 and 2011. The transfers shall be reported to the	9253
Controlling Board at its next regularly scheduled meeting.	9254

INCREASING APPROPRIATIONS: STATE FUNDS

9255

In the event that receipts or unexpended balances credited to	9256
the Highway Operating Fund (Fund 7002) exceed the estimates upon	9257
which the appropriations have been made in this act, upon the	9258
request of the Director of Transportation, the Controlling Board	9259
may increase those appropriations in the manner prescribed in	9260
section 131.35 of the Revised Code.	9261

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

9262

In the event that receipts or unexpended balances credited to	9263
the Highway Operating Fund (Fund 7002) or apportionments or	9264
allocations made available from the federal and local government	9265
exceed the estimates upon which the appropriations have been made	9266
in this act, upon the request of the Director of Transportation,	9267
the Controlling Board may increase those appropriations in the	9268
manner prescribed in section 131.35 of the Revised Code.	9269

REAPPROPRIATIONS

9270

Upon approval of the Director of Budget and Management, all	9271
appropriations of the Highway Operating Fund (Fund 7002), the	9272
Highway Capital Improvement Fund (Fund 7042), and the	9273
Infrastructure Bank funds created in section 5531.09 of the	9274
Revised Code remaining unencumbered on June 30, 2009, are hereby	9275
reappropriated for the same purpose in fiscal year 2010.	9276

Upon approval of the Director of Budget and Management, all	9277
appropriations of the Highway Operating Fund (Fund 7002), the	9278
Highway Capital Improvement Fund (Fund 7042), and the	9279
Infrastructure Bank funds created in section 5531.09 of the	9280
Revised Code remaining unencumbered on June 30, 2010, are hereby	9281
reappropriated for the same purpose in fiscal year 2011.	9282

Any balances of prior years' appropriations to the Highway	9283
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	9284
(Fund 7042), and the Infrastructure Bank funds created in section	9285
5531.09 of the Revised Code that are unencumbered on June 30,	9286
2009, subject to the availability of revenue as determined by the	9287
Director of Transportation, are hereby reappropriated for the same	9288
purpose in fiscal year 2010 upon the request of the Director of	9289
Transportation and with the approval of the Director of Budget and	9290
Management. The reappropriations shall be reported to the	9291
Controlling Board.	9292

Any balances of prior years' appropriations to the Highway	9293
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	9294
(Fund 7042), and the Infrastructure Bank funds created in section	9295
5531.09 of the Revised Code that are unencumbered on June 30,	9296
2010, subject to the availability of revenue as determined by the	9297
Director of Transportation, are hereby reappropriated for the same	9298
purpose in fiscal year 2011 upon the request of the Director of	9299
Transportation and with the approval of the Director of Budget and	9300
Management. The reappropriations shall be reported to the	9301
Controlling Board.	9302

LIQUIDATION OF UNFORESEEN LIABILITIES

9303

Any appropriation made from the Highway Operating Fund (Fund	9304
7002) not otherwise restricted by law is available to liquidate	9305
unforeseen liabilities arising from contractual agreements of	9306
prior years when the prior year encumbrance is insufficient.	9307

Section 203.40. MAINTENANCE INTERSTATE HIGHWAYS

9308

The Director of Transportation may remove snow and ice and	9309
maintain, repair, improve, or provide lighting upon interstate	9310
highways that are located within the boundaries of municipal	9311
corporations, adequate to meet the requirements of federal law.	9312
When agreed in writing by the Director of Transportation and the	9313
legislative authority of a municipal corporation and	9314
notwithstanding sections 125.01 and 125.11 of the Revised Code,	9315
the Department of Transportation may reimburse a municipal	9316
corporation for all or any part of the costs, as provided by such	9317
agreement, incurred by the municipal corporation in maintaining,	9318
repairing, lighting, and removing snow and ice from the interstate	9319
system.	9320

Section 203.50. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

9321

The Director of Transportation may use revenues from the	9322
state motor vehicle fuel tax to match approved federal grants	9323
awarded to the Department of Transportation, regional transit	9324
authorities, or eligible public transportation systems, for public	9325
transportation highway purposes, or to support local or state	9326
funded projects for public transportation highway purposes. Public	9327
transportation highway purposes include: the construction or	9328
repair of high-occupancy vehicle traffic lanes, the acquisition or	9329
construction of park-and-ride facilities, the acquisition or	9330
construction of public transportation vehicle loops, the	9331
construction or repair of bridges used by public transportation	9332
vehicles or that are the responsibility of a regional transit	9333
authority or other public transportation system, or other similar	9334
construction that is designated as an eligible public	9335
transportation highway purpose. Motor vehicle fuel tax revenues	9336
may not be used for operating assistance or for the purchase of	9337
vehicles, equipment, or maintenance facilities.	9338

Section 203.60. RENTAL PAYMENTS - OBA

9339

The foregoing appropriation item 770003, Administration -	9340
State - Debt Service, shall be used to pay rent to the Ohio	9341
Building Authority for the period July 1, 2009, to June 30, 2011,	9342
under the primary leases and agreements for various transportation	9343
related capital facilities financed by obligations issued under	9344
Chapter 152. of the Revised Code. The rental payments shall be	9345
made from revenues received from the motor vehicle fuel tax. The	9346
amounts of any bonds and notes to finance such capital facilities	9347
shall be at the request of the Director of Transportation.	9348
Notwithstanding section 152.24 of the Revised Code, the Ohio	9349
Building Authority may, with approval of the Office of Budget and	9350
Management, lease capital facilities to the Department of	9351
Transportation.	9352

The Director of Transportation shall hold title to any land	9353
purchased and any resulting structures that are attributable to	9354
appropriation item 770003. Notwithstanding section 152.18 of the	9355
Revised Code, the Director of Transportation shall administer any	9356
purchase of land and any contract for construction,	9357
reconstruction, and rehabilitation of facilities as a result of	9358
this appropriation.	9359

Should the appropriation and any reappropriations from prior	9360
years in appropriation item 770003 exceed the rental payments for	9361
fiscal year 2010 or 2011, then prior to June 30, 2011, the balance	9362
may be transferred to appropriation item 772421, Highway	9363
Construction - State, 773431, Highway Maintenance - State, or	9364
779491, Administration - State, upon the written request of the	9365
Director of Transportation and with the approval of the Director	9366
of Budget and Management. The transfer shall be reported to the	9367
Controlling Board at its next regularly scheduled meeting.	9368

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

9369

State Highway Safety Fund Group	9370

4W40	762321	Operating Expense - BMV	$	85,145,103	$	89,005,103	9371
4W40	762410	Registrations Supplement	$	31,753,145	$	32,480,610	9372
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	9373
7036	761321	Operating Expense - Information and Education	$	8,819,954	$	8,828,661	9374
7036	761401	Lease Rental Payments	$	13,337,000	$	11,836,200	9375
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	9376
7036	764321	Operating Expense - Highway Patrol	$	269,887,828	$	269,975,259	9377
7036	764605	Motor Carrier Enforcement Expenses	$	3,340,468	$	3,340,468	9378
8300	761603	Salvage and Exchange - Administration	$	20,800	$	21,632	9379
8310	761610	Information and Education - Federal	$	468,982	$	468,982	9380
8310	764610	Patrol - Federal	$	2,455,484	$	2,455,484	9381
8310	764659	Transportation Enforcement - Federal	$	6,132,592	$	6,132,592	9382
8310	765610	EMS - Federal	$	582,007	$	582,007	9383
8310	767610	Liquor Enforcement - Federal	$	514,184	$	514,184	9384
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,032,135	$	1,032,135	9385
8310	769631	Homeland Security - Federal	$	2,100,000	$	2,184,000	9386
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	9387
8350	762616	Financial Responsibility Compliance	$	6,063,600	$	6,063,600	9388
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	9389
8380	764606	Patrol Reimbursement	$	100,000	$	100,000	9390
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	9391
83F0	764657	Law Enforcement Automated Data System	$	10,984,978	$	9,053,266	9392
83G0	764633	OMVI Enforcement/Education	$	650,000	$	650,000	9393
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	9394
83M0	765624	Operating Expense - Trauma and EMS	$	2,915,113	$	2,924,562	9395
83N0	761611	Elementary School Seat Belt Program	$	390,000	$	405,600	9396
83P0	765637	EMS Grants	$	4,562,912	$	4,562,912	9397
83R0	762639	Local Immobilization Reimbursement	$	750,000	$	750,000	9398
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	9399
8400	764607	State Fair Security	$	1,396,283	$	1,396,283	9400
8400	764617	Security and Investigations	$	6,317,530	$	6,432,686	9401
8400	764626	State Fairgrounds Police Force	$	830,769	$	849,883	9402
8400	769632	Homeland Security - Operating	$	1,552,049	$	1,614,131	9403
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	9404
8440	761613	Seat Belt Education Program	$	400,000	$	400,000	9405
8460	761625	Motorcycle Safety Education	$	3,324,987	$	3,538,903	9406
8490	762627	Automated Title Processing Board	$	19,240,839	$	19,240,839	9407
TOTAL HSF State Highway Safety Fund Group			$	520,633,559	$	522,404,799	9408

General Services Fund Group	9409

4P60	768601	Justice Program Services	$	1,070,962	$	1,109,004	9410
4S30	766661	Hilltop Utility Reimbursement	$	520,000	$	540,800	9411
5ET0	768625	Drug Law Enforcement	$	4,200,000	$	4,200,000	9412
5Y10	764695	Highway Patrol Continuing Professional Training	$	280,820	$	280,820	9413
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	9414
TOTAL GSF General Services Fund Group			$	6,086,782	$	6,145,624	9415

Federal Special Revenue Fund Group	9416

3290	763645	Federal Mitigation Program	$	10,801,636	$	11,233,702	9417
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	9418
3390	763647	Emergency Management Assistance and Training	$	84,031,935	$	84,072,023	9419
3AY0	768606	Federal Justice Grants	$	1,020,000	$	745,000	9420
3CB0	768691	Federal Justice Grants - FFY06	$	920,000	$	795,000	9421
3CC0	768609	Justice Assistance Grants - FFY07	$	1,450,000	$	1,215,000	9422
3L50	768604	Justice Program	$	15,856,300	$	12,256,300	9423
3N50	763644	U.S. Department of Energy Agreement	$	31,358	$	31,672	9424
XXXX	768XXX	Justice Assistance Grants	$	36,146,492	$	1,902,447	9425
TOTAL FED Federal Special Revenue Fund Group			$	177,965,357	$	139,958,780	9426

State Special Revenue Fund Group	9427

4V30	763662	EMA Service and Reimbursement	$	4,474,751	$	4,653,743	9428
5390	762614	Motor Vehicle Dealers Board	$	200,000	$	200,000	9429
5B90	766632	Private Investigator and Security Guard Provider	$	1,341,478	$	1,395,137	9430
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	9431
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	9432
5CM0	767691	Federal Investigative Seizure	$	642,175	$	642,175	9433
5DS0	769630	Homeland Security	$	517,350	$	538,044	9434
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	1,600,000	$	2,750,000	9435
5FL0	769634	Investigations	$	1,172,080	$	1,195,522	9436
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	9437
6570	763652	Utility Radiological Safety	$	1,413,889	$	1,415,945	9438
6810	763653	SARA Title III HAZMAT Planning	$	254,794	$	262,438	9439
8500	767628	Investigative Unit Salvage	$	100,000	$	100,000	9440
TOTAL SSR State Special Revenue Fund Group			$	13,241,517	$	14,678,004	9441

Liquor Control Fund Group	9442

7043	767321		Liquor Enforcement - Operating		$	12,007,894		$	11,897,178		9443
TOTAL LCF Liquor Control Fund Group					$	12,007,894		$	11,897,178		9444

Agency Fund Group	9445

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		9446
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		9447

Holding Account Redistribution Fund Group	9448

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	9449
R052	762623	Security Deposits	$	350,000	$	350,000	9450
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	9451
TOTAL ALL BUDGET FUND GROUPS			$	733,670,109	$	698,819,385	9452

MOTOR VEHICLE REGISTRATION

9453

The Registrar of Motor Vehicles may deposit revenues to meet	9454
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	9455
4W40) established in section 4501.25 of the Revised Code, obtained	9456
under sections 4503.02 and 4504.02 of the Revised Code, less all	9457
other available cash. Revenue deposited pursuant to this paragraph	9458
shall support, in part, appropriations for operating expenses and	9459
defray the cost of manufacturing and distributing license plates	9460
and license plate stickers and enforcing the law relative to the	9461
operation and registration of motor vehicles. Notwithstanding	9462
section 4501.03 of the Revised Code, the revenues shall be paid	9463
into Fund 4W40 before any revenues obtained pursuant to sections	9464
4503.02 and 4504.02 of the Revised Code are paid into any other	9465
fund. The deposit of revenues to meet the aforementioned cash	9466
needs shall be in approximately equal amounts on a monthly basis	9467
or as otherwise determined by the Director of Budget and	9468
Management pursuant to a plan submitted by the Registrar of Motor	9469
Vehicles.	9470

CASH TRANSFERS FROM THE STATE BUREAU OF MOTOR VEHICLES FUND

9471

Notwithstanding any provision of law to the contrary, on July	9472
1, 2009, or as soon as possible thereafter, the Director of Budget	9473
and Management may transfer, from the Bureau of Motor Vehicles	9474
Fund (Fund 4W40), cash in the amounts of up to $635,293 to the	9475
Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the	9476
EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060	9477
to the Investigations Fund (Fund 5FL0).	9478

CAPITAL PROJECTS

9479

The Registrar of Motor Vehicles may transfer cash from the	9480
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	9481
Highway Safety Fund (Fund 7036) to meet its obligations for	9482
capital projects CIR-047, Department of Public Safety Office	9483
Building and CIR-049, Warehouse Facility.	9484

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

9485

The foregoing appropriation item 761401, Lease Rental	9486
Payments, shall be used for payments to the Ohio Building	9487
Authority for the period July 1, 2009, to June 30, 2011, under the	9488
primary leases and agreements for public safety related buildings	9489
financed by obligations issued under Chapter 152. of the Revised	9490
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	9491
Building Authority may, with approval of the Director of Budget	9492
and Management, lease capital facilities to the Department of	9493
Public Safety.	9494

HILLTOP TRANSFER

9495

The Director of Public Safety shall determine, per an	9496
agreement with the Director of Transportation, the share of each	9497
debt service payment made out of appropriation item 761401, Lease	9498
Rental Payments, that relates to the Department of	9499
Transportation's portion of the Hilltop Building Project, and	9500
shall certify to the Director of Budget and Management the amounts	9501
of this share. The Director of Budget and Management shall	9502
transfer the amounts of such shares from the Highway Operating	9503
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	9504

CASH TRANSFERS OF SEAT BELT FINE REVENUES

9505

Notwithstanding any provision of law to the contrary, the	9506
Controlling Board, upon request of the Director of Public Safety,	9507
may approve the transfer of cash between the following four funds	9508
that receive fine revenues from enforcement of the mandatory seat	9509
belt law: the Trauma and Emergency Medical Services Fund (Fund	9510
83M0), the Elementary School Program Fund (Fund 83N0), the Trauma	9511
and Emergency Medical Services Grants Fund (Fund 83P0), and the	9512
Seat Belt Education Fund (Fund 8440).	9513

STATE DISASTER RELIEF

9514

The State Disaster Relief Fund (Fund 5330) may accept	9515
transfers of cash and appropriations from Controlling Board	9516
appropriation items for Ohio Emergency Management Agency disaster	9517
response costs and disaster program management costs, and may	9518
also be used for the following purposes:	9519

(A) To accept transfers of cash and appropriations from	9520
Controlling Board appropriation items for Ohio Emergency	9521
Management Agency public assistance and mitigation program match	9522
costs to reimburse eligible local governments and private	9523
nonprofit organizations for costs related to disasters;	9524

(B) To accept and transfer cash to reimburse the costs	9525
associated with Emergency Management Assistance Compact (EMAC)	9526
deployments;	9527

(C) To accept disaster related reimbursement from federal,	9528
state, and local governments. The Director of Budget and	9529
Management may transfer cash from reimbursements received by this	9530
fund to other funds of the state from which transfers were	9531
originally approved by the Controlling Board.	9532

(D) To accept transfers of cash and appropriations from	9533
Controlling Board appropriation items to fund the State Disaster	9534
Relief Program, for disasters that have been declared by the	9535
Governor, and the State Individual Assistance Program for	9536
disasters that have been declared by the Governor and the federal	9537
Small Business Administration. The Ohio Emergency Management	9538
Agency shall publish and make available application packets	9539
outlining procedures for the State Disaster Relief Program and the	9540
State Individual Assistance Program.	9541

JUSTICE ASSISTANCE GRANT FUND

9542

The federal payments made to the state for the Byrne Justice	9543
Assistance Grants Program under Title II of Division A of the	9544
American Recovery and Reinvestment Act of 2009 shall be deposited	9545
to the credit of the Justice Assistance Grant Fund (Fund XXXX),	9546
which is hereby created in the state treasury. All investment	9547
earnings of the fund shall be credited to the fund.	9548

JUSTICE ASSISTANCE GRANTS

9549

The foregoing appropriation item 768XXX, Justice Assistance	9550
Grants, shall be used to support activities to prevent and control	9551
crime and to improve the criminal justice system.	9552

FAMILY VIOLENCE PREVENTION FUND

9553

Notwithstanding any provision of law to the contrary, in	9554
each of fiscal years 2010 and 2011, the first $750,000 received	9555
to the credit of the Family Violence Prevention Fund (Fund 5BK0)	9556
in each of those fiscal years shall be appropriated to	9557
appropriation item 768689, Family Violence Shelter Programs, and	9558
the next $400,000 received to the credit of Fund 5BK0 in each of	9559
those fiscal years shall be appropriated to appropriation item	9560
768687, Criminal Justice Services - Operating. Any moneys	9561
received to the credit of Fund 5BK0 in excess of the	9562
aforementioned appropriated amounts in each fiscal year shall,	9563
upon the approval of the Controlling Board, be used to provide	9564
grants to family violence shelters in Ohio.	9565

SARA TITLE III HAZMAT PLANNING

9566

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	9567
entitled to receive grant funds from the Emergency Response	9568
Commission to implement the Emergency Management Agency's	9569
responsibilities under Chapter 3750. of the Revised Code.	9570

COLLECTIVE BARGAINING INCREASES

9571

Notwithstanding division (D) of section 127.14 and division	9572
(B) of section 131.35 of the Revised Code, except for the General	9573
Revenue Fund, the Controlling Board may, upon the request of	9574
either the Director of Budget and Management, or the Department of	9575
Public Safety with the approval of the Director of Budget and	9576
Management, increase appropriations for any fund, as necessary for	9577
the Department of Public Safety, to assist in paying the costs of	9578
increases in employee compensation that have occurred pursuant to	9579
collective bargaining agreements under Chapter 4117. of the	9580
Revised Code and, for exempt employees, under section 124.152 of	9581
the Revised Code.	9582

CASH BALANCE FUND REVIEW

9583

Not later than the first day of April in each fiscal year of	9584
the biennium, the Director of Budget and Management shall review	9585
the cash balances for each fund, except the State Highway Safety	9586
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	9587
4W40), in the State Highway Safety Fund Group, and shall	9588
recommend to the Controlling Board an amount to be transferred to	9589
the credit of Fund 7036 or Fund 4W40, as appropriate.	9590

Section 207.10. DEV DEPARTMENT OF DEVELOPMENT

9591

State Special Revenue Fund Group	9592

4W00	195629	Roadwork Development	$	18,699,900	$	18,699,900	9593
TOTAL SSR State Special Revenue							9594
Fund Group			$	18,699,900	$	18,699,900	9595
TOTAL ALL BUDGET FUND GROUPS			$	18,699,900	$	18,699,900	9596

ROADWORK DEVELOPMENT FUND

9597

The Roadwork Development Fund shall be used for road	9598
improvements associated with economic development opportunities	9599
that will retain or attract businesses for Ohio. "Road	9600
improvements" are improvements to public roadway facilities	9601
located on, or serving or capable of serving, a project site.	9602

The Department of Transportation, under the direction of the	9603
Department of Development, shall provide these funds in accordance	9604
with all guidelines and requirements established for Department of	9605
Development appropriation item 195412, Business Development,	9606
including Controlling Board review and approval as well as the	9607
requirements for usage of gas tax revenue prescribed in Section 5a	9608
of Article XII, Ohio Constitution. Should the Department of	9609
Development require the assistance of the Department of	9610
Transportation to bring a project to completion, the Department of	9611
Transportation shall use its authority under Title LV of the	9612
Revised Code to provide such assistance and may enter into	9613
contracts on behalf of the Department of Development. In addition,	9614
these funds may be used in conjunction with appropriation item	9615
195412, Business Development, or any other state funds	9616
appropriated for infrastructure improvements.	9617

The Director of Budget and Management, pursuant to a plan	9618
submitted by the Director of Development or as otherwise	9619
determined by the Director of Budget and Management, shall set a	9620
cash transfer schedule to meet the cash needs of the Department of	9621
Development's Roadwork Development Fund (Fund 4W00), less any	9622
other available cash. The Director shall transfer to the Roadwork	9623
Development Fund from the Highway Operating Fund (Fund 7002),	9624
established in section 5735.291 of the Revised Code, such amounts	9625
at such times as determined by the transfer schedule.	9626

TRANSPORTATION IMPROVEMENT DISTRICTS

9627

Notwithstanding section 5540.151 of the Revised Code and any	9628
other restrictions that apply to the distribution of Roadwork	9629
Development Grants, of the foregoing appropriation item 195629,	9630
Roadwork Development, $250,000 in each fiscal year shall be	9631
distributed by the Director of Development to each of the	9632
Transportation Improvement Districts in Belmont, Butler, Clermont,	9633
Hamilton, Lorain, Medina, Montgomery, Muskingum, and Stark	9634
counties, and to the Rossford Transportation Improvement District	9635
in Wood County.	9636

Section 209.10. PWC PUBLIC WORKS COMMISSION

9637

Local Transportation Improvements Fund Group	9638

7052	150402	Local Transportation Improvement Program - Operating	$	299,001	$	306,178	9639
7052	150701	Local Transportation Improvement Program	$	67,317,000	$	67,400,000	9640
TOTAL 052 Local Transportation							9641
Improvements Fund Group			$	67,616,001	$	67,706,178	9642

Local Infrastructure Improvements Fund Group	9643

7038	150321	State Capital Improvements Program - Operating Expenses	$	897,383	$	918,912	9644
TOTAL LIF Local Infrastructure							9645
Improvements Fund Group			$	897,383	$	918,912	9646
TOTAL ALL BUDGET FUND GROUPS			$	68,513,384	$	68,625,090	9647

DISTRICT ADMINISTRATION COSTS

9648

The Director of the Public Works Commission is authorized to	9649
create a District Administration Costs Program from interest	9650
earnings of the Capital Improvements Fund and Local Transportation	9651
Improvement Program Fund proceeds. The program shall be used to	9652
provide for the direct costs of district administration of the	9653
nineteen public works districts. Districts choosing to participate	9654
in the program shall only expend State Capital Improvements Fund	9655
moneys for State Capital Improvements Fund costs and Local	9656
Transportation Improvement Program Fund moneys for Local	9657
Transportation Improvement Program Fund costs. The account shall	9658
not exceed $1,235,000 per fiscal year. Each public works district	9659
may be eligible for up to $65,000 per fiscal year from its	9660
district allocation as provided in sections 164.08 and 164.14 of	9661
the Revised Code.	9662

The Director, by rule, shall define allowable and	9663
nonallowable costs for the purpose of the District Administration	9664
Costs Program. Nonallowable costs include indirect costs, elected	9665
official salaries and benefits, and project-specific costs. No	9666
district public works committee may participate in the District	9667
Administration Costs Program without the approval of those costs	9668
by the district public works committee under section 164.04 of the	9669
Revised Code.	9670

REAPPROPRIATIONS

9671

All capital appropriations from the Local Transportation	9672
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 67 of the	9673
127th General Assembly remaining unencumbered as of June 30, 2009,	9674
are reappropriated for use during the period July 1, 2009, through	9675
June 30, 2010, for the same purpose.	9676

Notwithstanding division (B) of section 127.14 of the Revised	9677
Code, all capital appropriations and reappropriations from the	9678
Local Transportation Improvement Program Fund (Fund 7052) in this	9679
act remaining unencumbered as of June 30, 2010, are	9680
reappropriated for use during the period July 1, 2010, through	9681
June 30, 2011, for the same purposes, subject to the availability	9682
of revenue as determined by the Director of the Public Works	9683
Commission.	9684

Section 301.10. For all appropriations made in Sections	9685
303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 315.10, 317.10,	9686
319.10, 321.10, and 325.10 of this act, those in the first column	9687
are for fiscal year 2008 and those in the second column are for	9688
fiscal year 2009. The appropriations made in these sections are in	9689
addition to any other appropriations made for fiscal years 2008	9690
and 2009.	9691

Section 303.10. (A) The federal payments made to the state	9692
for the nutrition program under Title VIII of Division A of the	9693
American Recovery and Reinvestment Act of 2009 shall be deposited	9694
to the credit of the Federal Supportive Services Fund (Fund	9695
3M40).	9696

(B) The federal payments made to the state for the senior	9697
community service employment program under Title VIII of Division	9698
A of the American Recovery and Reinvestment Act of 2009 shall be	9699
deposited to the credit of the Federal Aging Grants Fund (Fund	9700
3220).	9701

(C) The items in this section are appropriated as designated	9702
out of any moneys in the state treasury to the credit of their	9703
respective funds that are not otherwise appropriated.	9704

Appropriations

AGE DEPARTMENT OF AGING	9705

Federal Special Revenue Fund Group	9706

3220	490618	Federal Aging Grants	$	$	5,278,000	9707
3M40	490612	Federal Supportive Services	$	$	2,991,000	9708
TOTAL FED Federal Special Revenue Fund Group			$	$	8,269,000	9709
TOTAL ALL BUDGET FUND GROUPS			$	$	8,269,000	9710

The foregoing appropriation items 490618, Federal Aging	9711
Grants, and 490612, Federal Supportive Services, shall be used in	9712
accordance with the requirements of the American Recovery and	9713
Reinvestment Act of 2009 that apply to the money appropriated.	9714

Section 305.10. (A) The federal payments made to the state	9715
for crime victims assistance grants under Title II of Division A	9716
of the American Recovery and Reinvestment Act of 2009 shall be	9717
deposited to the credit of the Crime Victims Assistance Fund (Fund	9718
3830).	9719

(B) The federal payments made to the state for crime victims	9720
compensation under Title II of Division A of the American Recovery	9721
and Reinvestment Act of 2009 shall be deposited to the credit of	9722
the Reparations Fund (Fund 4020).	9723

(C) The items in this section are appropriated as designated	9724
out of any moneys in the state treasury to the credit of their	9725
respective funds that are not otherwise appropriated.	9726

Appropriations

AGO ATTORNEY GENERAL	9727

Federal Special Revenue Fund Group	9728

3830	055634		Crime Victims Assistance		$	0		$	1,271,000		9729
TOTAL FED Federal Special Revenue Fund Group					$	0		$	1,271,000		9730

State Special Revenue Fund Group	9731

4020	055616	Victims of Crime	$	$	2,061,000	9732
TOTAL SSR State Special Revenue Fund Group			$	$	2,061,000	9733
TOTAL ALL BUDGET FUND GROUPS			$	$	3,332,000	9734

The foregoing appropriation items 055634, Crime Victims	9735
Assistance, and 055616, Victims of Crime, shall be used in	9736
accordance with the requirements of the American Recovery and	9737
Reinvestment Act of 2009 that apply to the money appropriated.	9738

Section 307.10. (A) The federal payments made to the state	9739
for the Leaking Underground Storage Tank Trust Fund under Title II	9740
of Division A of the American Recovery and Reinvestment Act of	9741
2009 shall be deposited to the credit of the Leaking Underground	9742
Storage Tank Fund (Fund 3480).	9743

(B) The item in this section is appropriated as designated	9744
out of any moneys in the state treasury to the credit of Fund 3480	9745
that are not otherwise appropriated.	9746

Appropriations

COM DEPARTMENT OF COMMERCE	9747

Federal Special Revenue Fund Group	9748

3480	800624	Leaking Underground Storage Tank	$	$	10,000,000	9749
TOTAL FED Federal Special Revenue Fund Group			$	$	10,000,000	9750
TOTAL ALL BUDGET FUND GROUPS			$	$	10,000,000	9751

The foregoing appropriation item 800624, Leaking Underground	9752
Storage Tank, shall be used in accordance with the requirements of	9753
the American Recovery and Reinvestment Act of 2009 that apply to	9754
the money appropriated.	9755

Section 309.10. (A) The federal payments made to the state	9756
for the Weatherization Assistance Program and the State Energy	9757
Grant Program under Title IV of Division A of the American	9758
Recovery and Reinvestment Act of 2009 shall be deposited to the	9759
credit of the Federal Special Revenue Fund (Fund 3080).	9760

(B) The federal payments made to the state for the Community	9761
Development Block Grant program under Title XII of Division A of	9762
the American Recovery and Reinvestment Act of 2009 shall be	9763
deposited to the credit of the Community Development Block Grant	9764
Fund (Fund 3K80).	9765

(C) The federal payments made to the state for community	9766
services block grants under Title XII of Division A of the	9767
American Recovery and Reinvestment Act of 2009 shall be deposited	9768
to the credit of the Community Services Block Grant Fund (Fund	9769
3L00).	9770

(D) The federal payments made to the state for the Home	9771
Investment Partnerships Program under Title XII of Division A of	9772
the American Recovery and Reinvestment Act of 2009 shall be	9773
deposited to the credit of the HOME Program Fund (Fund 3V10).	9774

(E) The federal payments made to the state for the Energy	9775
Star Rebate Program under the American Recovery and Reinvestment	9776
Act of 2009 shall be deposited to the credit of the Energy Star	9777
Rebate Program Fund (Fund XXXX), which is hereby created in the	9778
state treasury.	9779

(F) The federal payments made to the state for the Energy	9780
Efficiency and Conservation Block Grants Program under Title IV of	9781
Division A of the American Recovery and Reinvestment Act of 2009	9782
shall be deposited to the credit of the Energy Efficiency and	9783
Conservation Block Grants Fund (Fund XXXX), which is hereby	9784
created in the state treasury.	9785

(G) The items in this division are appropriated as designated	9786
out of any moneys in the state treasury to the credit of their	9787
respective funds that are not otherwise appropriated.	9788

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	9789

Federal Special Revenue Fund Group	9790

3080	195603	Housing and Urban Development	$	$	26,205,724	9791
3080	195605	Federal Projects	$	$	276,553,000	9792
3080	195618	Energy Federal Grants	$	$	122,604,000	9793
3K80	195613	Community Development Block Grant	$	$	12,957,527	9794
3L00	195612	Community Services Block Grant	$	$	38,979,000	9795
3V10	195601	HOME Program	$	$	83,484,547	9796
XXXX	195XXX	Federal Stimulus - Energy Star Rebate Program	$	$	11,000,000	9797
XXXX	195XXX	Federal Stimulus - Energy Efficiency and Conservation Block Grants		$	21,000,000	9798
TOTAL FED Federal Special Revenue Fund Group			$	$	592,783,798	9799
TOTAL ALL BUDGET FUND GROUPS			$	$	592,783,798	9800

The foregoing appropriation item 195605, Federal Projects,	9801
shall be used to carry out the Home Weatherization Assistance	9802
Program, subject to any requirements of the American Recovery and	9803
Reinvestment Act of 2009 that apply to the money appropriated.	9804

The foregoing appropriation items 195603, Housing and Urban	9805
Development, 195618, Energy Federal Grants, 195613, Community	9806
Development Block Grant, 195612, Community Services Block Grant,	9807
195601, HOME Program, 195XXX, Federal Stimulus - Energy Star	9808
Rebate Program, and 195XXX, Federal Stimulus - Energy Efficiency	9809
and Conservation Block Grants, shall be used in accordance with	9810
the requirements of the American Recovery and Reinvestment Act of	9811
2009 that apply to the money appropriated.	9812

Section 311.10. (A) The federal payments made to the state	9813
for the McKinney-Vento Homeless Assistance Act under Title VIII	9814
of Division A of the American Recovery and Reinvestment Act of	9815
2009 shall be deposited to the credit of the Consolidated Federal	9816
Grant Administration Fund (Fund 3Z30).	9817

(B) The federal payments made to the state for the national	9818
school lunch program under Title VIII of Division A of the	9819
American Recovery and Reinvestment Act of 2009 shall be deposited	9820
to the credit of the Federal Stimulus School Lunch Fund (Fund	9821
XXXX), which is hereby created in the state treasury.	9822

(C) The federal payments made to the state for the Head Start	9823
program under Title VIII of Division A of the American Recovery	9824
and Reinvestment Act of 2009 shall be deposited to the credit of	9825
the Federal Stimulus Head Start Fund (Fund XXXX), which is created	9826
in the state treasury.	9827

(D) The items in this section are appropriated as designated	9828
out of any moneys in the state treasury to the credit of their	9829
respective funds that are not otherwise appropriated.	9830

Appropriations

EDU DEPARTMENT OF EDUCATION	9831

Federal Special Revenue Fund Group	9832

3Z30	200645	Consolidated Federal Grant Administration	$	$	1,384,000	9833
XXXX	200XXX	Federal Stimulus - School Lunch	$	$	3,107,000	9834
XXXX	200XXX	Federal Stimulus - Head Start	$	$	27,338,000	9835
TOTAL FED Federal Special Revenue Fund Group			$	$	31,829,000	9836
TOTAL ALL BUDGET FUND GROUPS			$	$	31,829,000	9837

The foregoing appropriation item 200645, Consolidated Federal	9838
Grant Administration, 200XXX, Federal Stimulus - School Lunch, and	9839
200XXX, Federal Stimulus - Head Start shall be used in accordance	9840
with the requirements of the American Recovery and Reinvestment	9841
Act of 2009 that apply to the money appropriated.	9842

Section 313.10. (A) The federal payments made to the state	9843
for clean air under Title VII of Division A of the American	9844
Recovery and Reinvestment Act of 2009 shall be deposited to the	9845
credit of the Clean Air Fund (Fund 4K20).	9846

(B) The item in this section is appropriated as designated	9847
out of any moneys in the state treasury to the credit of Fund 4K20	9848
that are not otherwise appropriated.	9849

Appropriations

EPA ENVIRONMENTAL PROTECTION AGENCY	9850

State Special Revenue Fund Group	9851

4K20	715648	Clean Air Non-Title V	$	$	1,700,000	9852
TOTAL SSR State Special Revenue Fund Group			$	$	1,700,000	9853
TOTAL ALL BUDGET FUND GROUPS			$	$	1,700,000	9854

The foregoing appropriation item 715648, Clean Air Non-Title	9855
V, shall be used in accordance with the requirements of the	9856
American Recovery and Reinvestment Act of 2009 that apply to the	9857
money appropriated.	9858

Section 315.10. (A) The federal payments made to the state	9859
for the education technology program under Title VIII of Division	9860
A of the American Recovery and Reinvestment Act of 2009 shall be	9861
deposited to the credit of the Technology Literacy Challenge Fund	9862
(Fund 3S30).	9863

(B) The item in this section is appropriated as designated	9864
out of any moneys in the state treasury to the credit of Fund 3S30	9865
that are not otherwise appropriated.	9866

Appropriations

ETC ETECH OHIO	9867

Federal Special Revenue Fund Group	9868

3S30	935606	Enhancing Educational Technology	$	$	23,902,000	9869
TOTAL FED Federal Special Revenue Fund Group			$	$	23,902,000	9870
TOTAL ALL BUDGET FUND GROUPS			$	$	23,902,000	9871

The foregoing appropriation item 935606, Enhancing	9872
Educational Technology, shall be used in accordance with the	9873
requirements of the American Recovery and Reinvestment Act of 2009	9874
that apply to the money appropriated.	9875

Section 317.10. (A) The federal payments made to the state	9876
for the IDEA – Infants and Children Program under Title VIII of	9877
Division A of the American Recovery and Reinvestment Act of 2009	9878
shall be deposited to the credit of the Maternal Child Health	9879
Block Grant Fund (Fund 3200).	9880

(B) The federal payments made to the state for the	9881
Immunization Program under Title VIII of Division A of the	9882
American Recovery and Reinvestment Act of 2009 shall be deposited	9883
to the credit of the Preventive Health Block Grant Fund (Fund	9884
3870).	9885

(C) The federal payments made to the state for the Special	9886
Supplemental Nutrition Program under Title VIII of Division A of	9887
the American Recovery and Reinvestment Act of 2009 shall be	9888
deposited to the credit of the Women, Infants, and Children Fund	9889
(Fund 3890).	9890

(D) The items in this section are appropriated as designated	9891
out of any moneys in the state treasury to the credit of their	9892
respective funds that are not otherwise appropriated.	9893

Appropriations

DOH DEPARTMENT OF HEALTH	9894

Federal Special Revenue Fund Group	9895

3200	440601	Maternal Child Health Block Grant	$	$	14,410,000	9896
3870	440602	Preventive Health Block Grant	$	$	9,893,000	9897
3890	440604	Women, Infants, and Children	$	$	2,000,000	9898
TOTAL FED Federal Special Revenue Fund Group			$	$	26,303,000	9899
TOTAL ALL BUDGET FUND GROUPS			$	$	26,303,000	9900

The foregoing appropriation items 440601, Maternal Child	9901
Health Block Grant, 440602, Preventive Health Block Grant, and	9902
440604, Women, Infants, and Children, shall be used in accordance	9903
with the requirements of the American Recovery and Reinvestment	9904
Act of 2009 that apply to the money appropriated.	9905

Section 319.10. (A) The federal payments made to the state	9906
for the Supplemental Nutrition Assistance Program under Title VIII	9907
of Division A of the American Recovery and Reinvestment Act of	9908
2009 shall be deposited to the credit of the Food Stamps and State	9909
Administration Fund (Fund 3840).	9910

(B) The federal payments made to the state for the Commodity	9911
Assistance Program under Title VIII of Division A of the American	9912
Recovery and Reinvestment Act of 2009 shall be deposited to the	9913
credit of the Emergency Food Distribution Fund (Fund 3A20).	9914

(C) The federal payments made to the state for the Foster	9915
Care/Adoption Program under Title VIII of Division A of the	9916
American Recovery and Reinvestment Act of 2009 shall be deposited	9917
to the credit of the IV-E Foster Care Maintenance/Pass Through	9918
Fund (Fund 3N00).	9919

(D) The federal payments made to the state for the	9920
Unemployment Insurance Program under Title VIII of Division A of	9921
the American Recovery and Reinvestment Act of 2009 shall be	9922
deposited to the credit of the Unemployment Compensation Review	9923
Commission Fund (Fund 3V40).	9924

(E) The federal payments made to the state for the Medicaid	9925
disproportionate share hospitals under Title VIII of Division A	9926
of the American Recovery and Reinvestment Act of 2009 shall be	9927
deposited to the credit of the Medicaid Program Support Fund	9928
(Fund 5C90).	9929

(F) The items in this section are appropriated as designated	9930
out of any moneys in the state treasury to the credit of their	9931
respective funds that are not otherwise appropriated.	9932

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES	9933

General Services Fund Group	9934

5C90	600671		Medicaid Program Support		$	0		$	20,417,000		9935
TOTAL GSF General Services Fund Group					$	0		$	20,417,000		9936

Federal Special Revenue Fund Group	9937

3840	600610	Food Assistance and State Administration	$	$	11,200,000	9938
3A20	600641	Emergency Food Distribution	$	$	4,254,000	9939
3N00	600628	IV-E Foster Care Maintenance	$	$	40,327,000	9940
3V40	600678	Federal Unemployment Programs	$	$	25,545,000	9941
TOTAL FED Federal Special Revenue Fund Group			$	$	81,326,000	9942
TOTAL ALL BUDGET FUND GROUPS			$	$	101,743,000	9943

The foregoing appropriation items 600610, Food Assistance and	9944
State Administration, 600641, Emergency Food Distribution, 600628,	9945
IV-E Foster Care Maintenance, 600678, Federal Unemployment	9946
Programs, and 600671, Medicaid Program Support, shall be used in	9947
accordance with the requirements of the American Recovery and	9948
Reinvestment Act of 2009 that apply to the money appropriated.	9949

Section 321.10. (A) The federal payments made to the state	9950
for the Vocational Rehabilitation Program under Title VIII of	9951
Division A of the American Recovery and Reinvestment Act of 2009	9952
shall be deposited to the credit of the Consolidated Federal Fund	9953
(Fund 3790).	9954

(B) The federal payments made to the state for the	9955
Independent Living Program under Title VIII of Division A of the	9956
American Recovery and Reinvestment Act of 2009 shall be deposited	9957
to the credit of the Independent Living/Vocational Rehabilitation	9958
Fund (Fund 3L40).	9959

(C) The items in this section are appropriated as designated	9960
out of any moneys in the state treasury to the credit of their	9961
respective funds that are not otherwise appropriated.	9962

Appropriations

RSC REHABILITATION SERVICES COMMISSION	9963

Federal Special Revenue Fund Group	9964

3790	415616	Federal - Vocational Rehabilitation	$	$	21,590,000	9965
3L40	415612	Federal Independent Living Centers or Services	$	$	509,000	9966
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	$	1,392,958	9967
TOTAL FED Federal Special Revenue Fund Group			$	$	23,491,958	9968
TOTAL ALL BUDGET FUND GROUPS			$	$	23,491,958	9969

The foregoing appropriation items 415616, Federal –	9970
Vocational Rehabilitation, 415612, Federal Independent Living	9971
Centers or Services, and 415617, Independent Living/Vocational	9972
Rehabilitation Programs, shall be used in accordance with the	9973
requirements of the American Recovery and Reinvestment Act of 2009	9974
that apply to the money appropriated.	9975

Section 323.10. Expenditures from the appropriations made in	9976
Sections 303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 315.10,	9977
317.10, 319.10, 321.10, and 325.10 of this act shall be accounted	9978
for as though made in the relevant main operating appropriations	9979
act. The appropriations made in this division are subject to all	9980
provisions of the relevant main operating appropriations act that	9981
are generally applicable to the appropriations.	9982

Section 325.10. (A) The federal payments made to the state	9983
for highway infrastructure under Title XII of Division A of the	9984
American Recovery and Reinvestment Act of 2009 shall be deposited	9985
to the credit of the Highway Operating Fund (Fund 7002), which is	9986
created in section 5735.291 of the Revised Code.	9987

(B) The federal payments made to the state for transit	9988
agencies under Title XII of Division A of the American Recovery	9989
and Reinvestment Act of 2009 shall be deposited to the credit of	9990
the Highway Operating Fund (Fund 7002).	9991

(C) The items in this division are appropriated as designated	9992
out of any moneys in the state treasury to the credit of their	9993
respective funds that are not otherwise appropriated.	9994

Appropriations

DOT DEPARTMENT OF TRANSPORTATION	9995

Highway Operating Fund Group	9996

7002	772422	Highway Construction – Federal	$	$	935,677,000	9997
7002	77XXXX	Federal Stimulus - Transit	$	$	167,036,000	9998
TOTAL HOF Highway Operating Fund Group			$	$	1,102,713,000	9999
TOTAL ALL BUDGET FUND GROUPS			$	$	1,102,713,000	10000

TRANSFER OF APPROPRIATIONS

10001

The Director of Budget and Management may approve written	10002
requests from the Director of Transportation for the transfer of	10003
appropriations between appropriation items 771412, Planning and	10004
Research – Federal, 772422, Highway Construction - Federal,	10005
772424, Highway Construction – Other, 775452, Public	10006
Transportation - Federal, 776462, Grade Crossing - Federal, and	10007
777472, Airport Improvements - Federal, based upon the	10008
requirements of the American Recovery and Reinvestment Act of 2009	10009
that apply to the money appropriated. The transfers shall be	10010
reported to the Controlling Board at its next regularly scheduled	10011
meeting.	10012

Expenditures from appropriations made in this section shall	10013
be accounted for as though made in Am. Sub. H.B. 67 of the 127th	10014
General Assembly. However, law contained the relevant operating	10015
appropriations act that is generally applicable to the	10016
appropriations made in that act also is generally applicable to	10017
the appropriations made in Section 325.10 of this act.	10018

Section 327.10. The unexpended, unencumbered portions of the	10019
appropriation items made in Sections 303.10, 305.10, 307.10,	10020
309.10, 311.10, 313.10, 315.10, 317.10, 319.10, 321.10, and	10021
325.10 at the end of fiscal year 2009 are hereby reappropriated	10022
for the same purposes for fiscal year 2010.	10023

Section 503.10. (A) On July 1, 2009, and on the first day of	10024
the month for every month thereafter, the Treasurer of State,	10025
before making any of the distributions listed in sections	10026
5735.23, 5735.26, 5735.291, and 5735.30 of the Revised Code,	10027
shall deposit the first 2.5 per cent of the amount of motor fuel	10028
tax received for the preceding calendar month to the credit of	10029
the Highway Operating Fund (Fund 7002).	10030

(B) Of the amount transferred to Fund 7002 pursuant to	10031
division (A) of this section, $43,500,000 in each fiscal year	10032
shall be used to offset the costs in divisions (C) and (D) of this	10033
section, provided that up to $10,000,000 of that amount in fiscal	10034
year 2010 and up to $20,000,000 of that amount in fiscal year 2011	10035
shall be used to offset those amounts transferred by the Treasurer	10036
of State to pay for the debt service on state highway capital	10037
improvement bonds.	10038

(C) In fiscal year 2010, the Director of Transportation shall	10039
use proceeds in Fund 7002 for the following purposes, as permitted	10040
by federal law:	10041

(1) Not less than $14,500,000 shall be used to support public	10042
transit, rail, maritime, and aviation, or any planning and design	10043
activity related to those modes in the state.	10044

(2) Up to $19,000,000 shall be used for transportation	10045
purposes.	10046

(D) In fiscal year 2011, the Director of Transportation shall	10047
use proceeds in Fund 7002 for the following purposes, as permitted	10048
by federal law:	10049

(1) Not less than $4,500,000 shall be used to support public	10050
transit, rail, maritime, and aviation, or any planning and design	10051
activity related to those modes in the state.	10052

(2) Up to $19,000,000 shall be used for transportation	10053
purposes.	10054

Section 503.20. PASSENGER RAIL

10055

The Ohio Rail Development Commission and the Director of	10056
Transportation may compete for federal funding to support the	10057
initiation of passenger rail service in Ohio. Any study used for	10058
planning and developing any intercity passenger rail project shall	10059
include an analysis of market demand, projected ridership, ongoing	10060
operating costs, economic impact, and the relationship with	10061
freight rail. Construction or operation of an intercity passenger	10062
rail project may not begin until the Director of Transportation or	10063
the Ohio Rail Development Commission completes such a study.	10064
Expenditures for the construction or operation of an intercity	10065
passenger rail project shall be approved by the Controlling Board.	10066

Section 509.10. AUTHORIZATION FOR OHIO BUILDING AUTHORITY AND	10067
OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	10068

The Director of Budget and Management shall initiate and	10069
process payments from lease rental payment appropriation items	10070
during the period from July 1, 2009, to June 30, 2011, pursuant to	10071
the lease agreements for bonds or notes issued under Section 2i of	10072
Article VIII of the Ohio Constitution and Chapter 152. of the	10073
Revised Code. Payments shall be made upon certification by the	10074
Ohio Building Authority of the dates and amounts due on those	10075
dates.	10076

Section 509.20. LEASE PAYMENTS TO OBA AND TREASURER

10077

Certain appropriations are in this act for the purpose of	10078
lease payments to the Ohio Building Authority or to the Treasurer	10079
of State under leases and agreements relating to bonds or notes	10080
issued by the Ohio Building Authority or the Treasurer of State	10081
under the Ohio Constitution and acts of the General Assembly. If	10082
it is determined that additional appropriations are necessary for	10083
this purpose, such amounts are hereby appropriated.	10084

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	10085
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	10086

Upon the request of the Director of Transportation, the	10087
Director of Budget and Management may transfer cash from the	10088
Highway Operating Fund (Fund 7002) to the Highway Capital	10089
Improvement Fund (Fund 7042) created in section 5528.53 of the	10090
Revised Code. The Director of Budget and Management may transfer	10091
from Fund 7042 to Fund 7002 up to the amounts previously	10092
transferred to Fund 7042 under this section.	10093

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

10094

The Director of Budget and Management shall transfer cash in	10095
equal monthly increments totaling $183,493,000 in each fiscal year	10096
of the 2010-2011 biennium from the Highway Operating Fund, created	10097
in section 5735.291 of the Revised Code, to the Gasoline Excise	10098
Tax Fund created in division (A) of section 5735.27 of the Revised	10099
Code. The monthly amounts transferred under this section shall be	10100
distributed as follows: 42.86 per cent shall be distributed among	10101
the municipal corporations within the state under division (A)(2)	10102
of section 5735.27 of the Revised Code; 37.14 per cent shall be	10103
distributed among the counties within the state under division	10104
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent	10105
shall be distributed among the townships within the state under	10106
division (A)(5)(b) of section 5735.27 of the Revised Code.	10107

Section 512.30. LOCAL TRANSPORTATION IMPROVEMENT PROGRAM

10108

The Director of Budget and Management is authorized, upon	10109
written request of the Director of the Public Works Commission, to	10110
make periodic transfers of cash from the Highway Operating Fund	10111
created in section 5735.291 of the Revised Code to the Local	10112
Transportation Improvement Program Fund created in section 164.14	10113
of the Revised Code. These periodic transfers must total	10114
$100,000,000 in fiscal year 2010 and $100,000,000 in fiscal year	10115
2011 and are intended to fulfill the purposes of Section 18 of Am.	10116
Sub. H.B. 554 of the 127th General Assembly.	10117

Section 512.40. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

10118

On July 1, 2009, and on January 1, 2010, respectively, or as	10119
soon as possible thereafter, the Director of Budget and	10120
Management shall transfer $200,000 in cash, for each period, from	10121
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	10122
General for ODOT Fund (Fund 5FA0).	10123

On July 1, 2010, and on January 1, 2011, or as soon as	10124
possible thereafter, respectively, the Director of Budget and	10125
Management shall transfer $200,000 in cash, for each period, from	10126
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	10127
General for ODOT Fund (Fund 5FA0).	10128

Should additional amounts be necessary, the Inspector	10129
General, with the consent of the Director of Budget and Management	10130
and with notice to the Director of Transportation, may seek	10131
Controlling Board approval for additional transfers of cash and to	10132
increase the amount appropriated from appropriation item 965603,	10133
Deputy Inspector General for ODOT, in the amount of the additional	10134
transfers.	10135

Section 512.41. DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED	10136
THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009	10137

On July 1, 2009, and on January 1, 2010, or as soon as	10138
possible thereafter, respectively, the Director of Budget and	10139
Management shall transfer $200,000 in cash, for each period, from	10140
the General Revenue Fund to the Deputy Inspector General for Funds	10141
Received through the American Recovery and Reinvestment Act of	10142
2009 Fund (Fund 5GI0), which is created in section 121.53 of the	10143
Revised Code.	10144

On July 1, 2010, and on January 1, 2011, or as soon as	10145
possible thereafter, respectively, the Director of Budget and	10146
Management shall transfer $200,000 in cash, for each period, from	10147
the General Revenue Fund to the Deputy Inspector General for Funds	10148
Received through the American Recovery and Reinvestment Act of	10149
2009 Fund (Fund 5GI0).	10150

The amounts transferred in this section shall be appropriated	10151
in the main operating appropriations act of the 128th General	10152
Assembly.	10153

Section 512.43. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

10154

There is established in the Highway Operating Fund (Fund	10155
7002) in the Department of Transportation a Diesel Emissions	10156
Reduction Grant Program. The Director of Development shall	10157
administer the program and shall solicit, evaluate, score, and	10158
select projects submitted by public entities, small business	10159
concerns as the concerns are defined in 13 C.F.R. 121, as amended,	10160
and disadvantaged business enterprises as they are defined in 49	10161
C.F.R. 26 that are eligible for the federal Congestion Mitigation	10162
and Air Quality (CMAQ) Program. The Director of Transportation	10163
shall process Federal Highway Administration-approved projects as	10164
recommended by the Director of Development.	10165

In addition to the allowable expenditures set forth in	10166
section 122.861 of the Revised Code, Diesel Emissions Reduction	10167
Grant Program funds also may be used to fund projects involving	10168
the purchase or use of hybrid and alternative fuel vehicles that	10169
are allowed under guidance developed by the Federal Highway	10170
Administration for the CMAQ Program.	10171

Public entities eligible to receive funds under section	10172
122.861 of the Revised Code and CMAQ shall be reimbursed from the	10173
Department of Transportation's Diesel Emissions Reduction Grant	10174
Program.	10175

Small business concerns and disadvantaged business	10176
enterprises eligible to receive funds under section 122.861 of the	10177
Revised Code and CMAQ shall be reimbursed through transfers of	10178
cash from the Department of Transportation's Diesel Emissions	10179
Reduction Grant Program to the Diesel Emissions Reduction Grant	10180
Fund (Fund 3BD0) used by the Department of Development. Total	10181
expenditures between both the Departments of Development and	10182
Transportation shall not exceed the amounts appropriated in this	10183
section.	10184

Appropriation item 195697, Diesel Emissions Reduction Grants,	10185
is established with an appropriation of $4,400,000 for fiscal year	10186
2010.	10187

On or before June 30, 2010, any unencumbered balance of the	10188
foregoing appropriation item 195697, Diesel Emissions Reduction	10189
Grants, for fiscal year 2010 is appropriated for the same purposes	10190
in fiscal year 2011.	10191

Any cash transfers or allocations under this section	10192
represent CMAQ program moneys within the Department of	10193
Transportation for use by the Diesel Emissions Reduction Grant	10194
Program by the Department of Development. These allocations shall	10195
not reduce the amount of such moneys designated for metropolitan	10196
planning organizations.	10197

The Director of Development, in consultation with the	10198
Directors of Environmental Protection and Transportation, shall	10199
develop guidance for the distribution of funds and for the	10200
administration of the Diesel Emissions Reduction Grant Program.	10201
The guidance shall include a method of prioritization for	10202
projects, acceptable technologies, and procedures for awarding	10203
grants.	10204

Section 512.50. CASH TRANSFER TO GRF

10205

On July 1, 2009, or as soon as possible thereafter, the	10206
Director of Budget and Management shall transfer the cash balances	10207
of the ODOT Memorial Fund (Fund 4T50) and the Transportation	10208
Building Fund (Fund 7029), as of June 30, 2009, to the General	10209
Revenue Fund. Upon completion of the transfers, Funds 4T50 and	10210
7029 are abolished.	10211

Section 521.10. The federal payments that are made to the	10212
state from the Clean Water State Revolving Fund pursuant to Title	10213
VIII of the American Recovery and Reinvestment Act of 2009 shall	10214
be credited to the Water Pollution Control Loan Fund created in	10215
section 6111.036 of the Revised Code. Notwithstanding the	10216
requirements of section 6111.036 of the Revised Code, money	10217
credited to the Fund under this section shall be used and	10218
administered to provide financial assistance in any manner that is	10219
consistent with the requirements of the Federal Water Pollution	10220
Control Act or the American Recovery and Reinvestment Act of 2009.	10221

Notwithstanding the requirements of section 6111.036 of the	10222
Revised Code, rules adopted under it, and Chapter 3745-47 of the	10223
Administrative Code, the Director of Environmental Protection, for	10224
the purpose of obtaining federal payments pursuant to Title VIII	10225
of the American Recovery and Reinvestment Act of 2009, may impose	10226
alternative public comment procedures for the draft intended use	10227
plan, including alternative time frames for public notice and	10228
comment and the frequency of public meetings.	10229

Section 521.20. The federal payments that are made to the	10230
state from the Drinking Water State Revolving Fund pursuant to	10231
Title VIII of the American Recovery and Reinvestment Act of 2009	10232
shall be credited to the Drinking Water Assistance Fund created in	10233
section 6109.22 of the Revised Code. Notwithstanding the	10234
requirements of section 6109.22 of the Revised Code, money	10235
credited to the Fund under this section shall be used and	10236
administered to provide financial assistance in any manner that is	10237
consistent with the requirements of the Safe Drinking Water Act or	10238
the American Recovery and Reinvestment Act of 2009.	10239

Notwithstanding the requirements of section 6109.22 of the	10240
Revised Code, rules adopted under it, and Chapter 3745-47 of the	10241
Administrative Code, the Director of Environmental Protection, for	10242
the purpose of obtaining federal payments pursuant to Title VIII	10243
of the American Recovery and Reinvestment Act of 2009, may impose	10244
alternative public comment procedures for the draft intended use	10245
plan, including alternative time frames for public notice and	10246
comment and the frequency of public meetings.	10247

Section 521.30. To the extent possible, federal money	10248
received by the state for fiscal stabilization and recovery	10249
purposes shall be used in a manner that encourages the purchase of	10250
supplies and services from Ohio companies and stimulates job	10251
growth and retention in Ohio.	10252

Section 610.10. That Section 229.10 of Am. Sub. H.B. 67 of	10253
the 127th General Assembly, as amended by Am. Sub. H.B. 554 of	10254
the 127th General Assembly, be amended to read as follows:	10255

Sec. 229.10. PWC PUBLIC WORKS COMMISSION

10256

Local Transportation Improvements Fund Group	10257

052	150-402	Local Transportation Improvement Program - Operating	$	291,537	$	306,178	10258
052	150-701	Local Transportation Improvement Program	$	67,500,000	$	267,500,000	10259
TOTAL 052 Local Transportation							10260
Improvements Fund Group			$	67,791,537	$	267,806,178	10261

Local Infrastructure Improvements Fund Group	10262

038	150-321	State Capital Improvements Program - Operating Expenses	$	879,237	$	918,912	10263
TOTAL LIF Local Infrastructure							10264
Improvements Fund Group			$	879,237	$	918,912	10265
TOTAL ALL BUDGET FUND GROUPS			$	68,670,774	$	268,725,090	10266

~~CASH TRANSFER FROM THE BUDGET STABILIZATION FUND~~

10267

~~the Director of Budget and Management shall transfer~~	10268
~~$200,000,000 in cash from the Budget Stabilization Fund to the~~	10269
~~Local Transportation Improvement Program Fund created in section~~	10270
~~164.14 of the Revised Code.~~	10271

DISTRICT ADMINISTRATION COSTS

10272

The Director of the Public Works Commission is authorized to	10273
create a District Administration Costs Program from interest	10274
earnings of the Capital Improvements Fund and Local Transportation	10275
Improvement Program Fund proceeds. The program shall be used to	10276
provide for the direct costs of district administration of the	10277
nineteen public works districts. Districts choosing to participate	10278
in the program shall only expend Capital Improvements Fund moneys	10279
for Capital Improvements Fund costs and Local Transportation	10280
Improvement Program Fund moneys for Local Transportation	10281
Improvement Program Fund costs. The account shall not exceed	10282
$1,235,000 per fiscal year. Each public works district may be	10283
eligible for up to $65,000 per fiscal year from its district	10284
allocation as provided in sections 164.08 and 164.14 of the	10285
Revised Code.	10286

The Director, by rule, shall define allowable and	10287
nonallowable costs for the purpose of the District Administration	10288
Costs Program. Nonallowable costs include indirect costs, elected	10289
official salaries and benefits, and project-specific costs. No	10290
district public works committee may participate in the District	10291
Administration Costs Program without the approval of those costs	10292
by the district public works committee under section 164.04 of the	10293
Revised Code.	10294

REAPPROPRIATIONS

10295

All capital appropriations from the Local Transportation	10296
Improvement Program Fund (Fund 052) in Am. Sub. H.B. 68 of the	10297
126th General Assembly remaining unencumbered as of June 30, 2007,	10298
are reappropriated for use during the period July 1, 2007, through	10299
June 30, 2008, for the same purpose.	10300

Notwithstanding division (B) of section 127.14 of the Revised	10301
Code, all capital appropriations and reappropriations from the	10302
Local Transportation Improvement Program Fund (Fund 052) in ~~this~~	10303
~~act~~Am. Sub. H.B. 67 of the 127th General Assembly remaining	10304
unencumbered as of June 30, 2008, are reappropriated for use	10305
during the period July 1, 2008, through June 30, 2009, for the	10306
same purposes, subject to the availability of revenue as	10307
determined by the Director of the Public Works Commission.	10308

Section 610.11. That existing Section 229.10 of Am. Sub. H.B.	10309
67 of the 127th General Assembly, as amended by Am. Sub. H.B. 554	10310
of the 127th General Assembly, is hereby repealed.	10311

Section 610.20. That Sections 217.10, 217.11, 239.10,	10312
241.10, 243.10, and 243.11 of Am. Sub. H.B. 562 of the 127th	10313
General Assembly be amended to read as follows:	10314

Sec. 217.10. The items set forth in this section are hereby	10315
appropriated out of any moneys in the state treasury to the	10316
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are	10317
not otherwise appropriated:	10318

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	10319

C19500	Clean Ohio Revitalization	$	~~32,000,000~~ 80,000,000	10320
C19501	Clean Ohio Assistance	$	~~8,000,000~~ 20,000,000	10321
Total Department of Development		$	~~40,000,000~~ 100,000,000	10322
TOTAL Clean Ohio Assistance Fund		$	~~40,000,000~~ 100,000,000	10323

Sec. 217.11. CLEAN OHIO REVITALIZATION

10325

The Treasurer of State is hereby authorized to issue and	10326
sell, in accordance with Section 2o and 2q of Article VIII, Ohio	10327
Constitution, and pursuant to sections 151.01 and 151.40 of the	10328
Revised Code, original obligations in an aggregate principal	10329
amount not to exceed ~~$40,000,000~~$100,000,000 in addition to the	10330
original issuance of obligations heretofore authorized by prior	10331
acts of the General Assembly. These authorized obligations shall	10332
be issued and sold from time to time, subject to applicable	10333
constitutional and statutory limitations, as needed to ensure	10334
sufficient moneys to the credit of the Clean Ohio Revitalization	10335
Fund (Fund 7003) to pay costs of revitalization projects.	10336

Sec. 239.10. The items set forth in this section are hereby	10337
appropriated out of any moneys in the state treasury to the	10338
credit of the Clean Ohio Conservation Fund (Fund 7056) that are	10339
not otherwise appropriated.	10340

Appropriations

PWC PUBLIC WORKS COMMISSION	10341

C15060	Clean Ohio Conservation	$	~~30,000,000~~ 75,000,000	10342
Total Public Works Commission		$	~~30,000,000~~ 75,000,000	10343
TOTAL Clean Ohio Conservation Fund		$	~~30,000,000~~ 75,000,000	10344

The foregoing appropriation item C15060, Clean Ohio	10345
Conservation, shall be used in accordance with sections 164.20 to	10346
164.27 of the Revised Code. If the Public Works Commission	10347
receives refunds due to project overpayments that are discovered	10348
during the post-project audit, the Director of the Public Works	10349
Commission may certify to the Director of Budget and Management	10350
that refunds have been received. If the Director of Budget and	10351
Management determines that the project refunds are available to	10352
support additional appropriations, such amounts are hereby	10353
appropriated.	10354

Sec. 241.10. The items set forth in this section are hereby	10355
appropriated out of any moneys in the state treasury to the	10356
credit of the Clean Ohio Agricultural Easement Fund (Fund 7057)	10357
that are not otherwise appropriated.	10358

Appropriations

AGR DEPARTMENT OF AGRICULTURE	10359

C70009	Clean Ohio Agricultural Easements	$	~~5,000,000~~ 12,500,000	10360
Total Department of Agriculture		$	~~5,000,000~~ 12,500,000	10361
TOTAL Clean Ohio Agricultural Easement Fund		$	~~5,000,000~~ 12,500,000	10362

Sec. 243.10. The items set forth in this section are hereby	10364
appropriated out of any moneys in the state treasury to the	10365
credit of the Clean Ohio Trail Fund (Fund 7061) that are not	10366
otherwise appropriated.	10367

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	10368

C72514	Clean Ohio Trail - Grants	$	~~5,000,000~~ 12,500,000	10369
Total Department of Natural Resources		$	~~5,000,000~~ 12,500,000	10370
TOTAL Clean Ohio Trail Fund		$	~~5,000,000~~ 12,500,000	10371

Sec. 243.11. The Ohio Public Facilities Commission is hereby	10373
authorized to issue and sell, in accordance with Section 2o and	10374
2q of Article VIII, Ohio Constitution, and pursuant to sections	10375
151.01 and 151.09 of the Revised Code, original obligations of	10376
the state in an aggregate principal amount not to exceed	10377
~~$40,000,000~~$100,000,000 in addition to the original issuance of	10378
obligations heretofore authorized by prior acts of the General	10379
Assembly. These authorized obligations shall be issued and sold	10380
from time to time, subject to applicable constitutional and	10381
statutory limitations, as needed to ensure sufficient moneys to	10382
the credit of the Clean Ohio Conservation Fund (Fund 7056), the	10383
Clean Ohio Agricultural Easement Fund (Fund 7057), and the Clean	10384
Ohio Trail Fund (Fund 7061) to pay costs of conservation	10385
projects.	10386

Section 610.21. That existing Sections 217.10, 217.11,	10387
239.10, 241.10, 243.10, and 243.11 of Am. Sub. H.B. 562 of the	10388
127th General Assembly are hereby repealed.	10389

Section 610.30. That Section 503.40 of Am. Sub. H.B. 562 of	10390
the 127th General Assembly be amended to read as follows:	10391

Sec. 503.40. All appropriation items in this section are	10392
appropriated out of the money in the state treasury to the credit	10393
of the designated fund. For all appropriations made in this	10394
section, the amounts in the first column are for fiscal year 2008	10395
and the amounts in the second column are for fiscal year 2009.	10396

LSC LEGISLATIVE SERVICE COMMISSION	10397

General Revenue Fund	10398

GRF	035-321	Operating Expenses	$	$	200,000	10399
GRF	035-407	Legislative Taskforce on Redistricting	$	$	750,000	10400
TOTAL GRF General Revenue Fund			$	$	950,000	10401
TOTAL ALL BUDGET FUND GROUPS			$	$	950,000	10402

~~COMMISSION~~COMMISSIONS ON CUYAHOGA COUNTY GOVERNMENT REFORM	10403
AND LOCAL GOVERNMENT REFORM AND COLLABORATION	10404

The foregoing appropriation item 035-321, Operating Expenses,	10405
shall be used to support the Commission on Cuyahoga County	10406
Government Reform and the Ohio Commission on Local Government	10407
Reform and Collaboration, both created in ~~this act~~Am. Sub. H.B.	10408
562 of the 127th General Assembly.	10409

An amount equal to the unexpended, unencumbered portion of	10410
the foregoing appropriation item 035-321, Operating Expenses, at	10411
the end of fiscal year 2009, is hereby reappropriated for the same	10412
purpose for fiscal year 2010.	10413

LEGISLATIVE TASKFORCE ON REDISTRICTING

10414

An amount equal to the unexpended, unencumbered portion of	10415
the foregoing appropriation item 035-407, Legislative Taskforce on	10416
Redistricting, at the end of fiscal year 2009 is hereby	10417
reappropriated to the Legislative Service Commission for the same	10418
purpose for fiscal year 2010.	10419

The appropriations made in this section are subject to all	10420
the provisions of Am. Sub. H.B. 119 of the 127th General Assembly	10421
that are generally applicable to such appropriations ~~except for~~	10422
~~Section 809.03 of Am. Sub. H.B. 119 of the 127th General~~	10423
~~Assembly~~. Expenditures from appropriations contained in this	10424
section shall be accounted for as though made in Am. Sub. H.B.	10425
119 of the 127th General Assembly.	10426

Section 610.31. That existing Section 503.40 of Am. Sub. H.B.	10427
562 of the 127th General Assembly is hereby repealed.	10428

Section 737.10. The Board of Building Standards shall develop	10429
a plan to work to achieve compliance with the commercial and	10430
residential building energy codes set forth in section 3781.10 of	10431
this act so that, within eight years after the effective date of	10432
this act, at least 90 per cent of new and renovated residential	10433
and commercial building space will comply with the energy	10434
standards of those codes.	10435

Section 755.10. The Director of Transportation may enter into	10436
agreements as provided in this section with the United States or	10437
any department or agency of the United States, including, but not	10438
limited to, the United States Army Corps of Engineers, the United	10439
States Forest Service, the United States Environmental Protection	10440
Agency, and the United States Fish and Wildlife Service. An	10441
agreement entered into pursuant to this section shall be solely	10442
for the purpose of dedicating staff to the expeditious and timely	10443
review of environmentally related documents submitted by the	10444
Director of Transportation, as necessary for the approval of	10445
federal permits. The agreements may include provisions for advance	10446
payment by the Director of Transportation for labor and all other	10447
identifiable costs of the United States or any department or	10448
agency of the United States providing the services, as may be	10449
estimated by the United States, or the department or agency of the	10450
United States. The Director shall submit a request to the	10451
Controlling Board indicating the amount of the agreement, the	10452
services to be performed by the United States or the department or	10453
agency of the United States, and the circumstances giving rise to	10454
the agreement.	10455

Section 755.20. As a result of the enactment of the	10456
provisions of this act providing for the primary enforcement of	10457
seat belt use violations in this state, the Ohio Department of	10458
Transportation shall apply for a one-time federal grant from the	10459
National Highway Traffic Safety Administration offered in the	10460
Safe, Accountable, Flexible and Efficient Transportation Equity	10461
Act of 2003 – A Legacy for Users (SAFETEA-LU). One million	10462
dollars of any such federal grant money ODOT receives shall be	10463
transferred to the Ohio Department of Public Safety and expended	10464
on safety activities in accordance with 23 U.S.C. Chapter 4 and	10465
also to pay the costs the Department of Public Safety incurs in	10466
developing a cultural competency training program for law	10467
enforcement agencies to eliminate practices of differential	10468
enforcement. The Ohio Department of Transportation shall expend	10469
all remaining grant money on eligible transportation safety	10470
issues.	10471

Section 755.21. For the period commencing on the effective	10472
date of this section until fifteen months after that date,	10473
whenever a law enforcement officer stops a motor vehicle because	10474
the officer has witnessed a violation of a seat belt use law of	10475
this state or seat belt use ordinance of a municipal corporation	10476
of this state, the officer shall document the stop on a form	10477
prescribed by the Department of Public Safety. The officer shall	10478
indicate on the form the age, sex, and race of the operator of the	10479
motor vehicle involved in the stop, the date, time, and location	10480
of the stop, and whether a ticket, citation, or summons was issued	10481
to any person in the motor vehicle for the seat belt use	10482
violation. The officer also shall include on the form any other	10483
information that the Director of Public Safety may require, but in	10484
no case shall the form include the name of any person who was in	10485
the motor vehicle at the time the vehicle was stopped. The law	10486
enforcement agency that employs the law enforcement officer shall	10487
retain all such forms and make them available to the Department	10488
upon request.	10489

The Department of Public Safety shall enter into an	10490
agreement with an outside entity whereby the entity shall conduct	10491
a study regarding the primary enforcement of the seat belt use	10492
law as permitted by the amendments to section 4513.263 of the	10493
Revised Code contained in this act. The study shall include the	10494
collection and review of information regarding any differential	10495
enforcement that occurs as the result of the change in the	10496
enforcement of the seat belt use law in this state. In conducting	10497
its study, the entity shall review all the forms completed by law	10498
enforcement officers pursuant to this section and analyze and	10499
summarize the information contained therein. The Department shall	10500
provide a report of the study to the General Assembly and the	10501
Governor not later than eighteen months after the effective date	10502
of this section.	10503

Section 755.30. (A) As used in this section:

10504

(1) "Automated speed enforcement system" means a device that	10505
has one or more sensors and, as a motor vehicle proceeds through	10506
an area on a road or highway, is capable of determining the speed	10507
of the motor vehicle and producing a photographic or digitally	10508
recorded image of the motor vehicle, including an image of the	10509
vehicle's front or rear license plate.	10510

(2) "Citation" means any traffic ticket, citation, summons,	10511
or other notice of liability issued in response to an alleged	10512
violation of section 4511.21 of the Revised Code that is detected	10513
by an automated speed enforcement system.	10514

(3) "Construction zone" has the same meaning as in division	10515
(C) of section 5501.27 of the Revised Code.	10516

(4) "Interstate highway" has the same meaning as in division	10517
(H) of section 4519.01 of the Revised Code.	10518

(5) "Motor vehicle leasing dealer" has the same meaning as in	10519
section 4517.01 of the Revised Code.	10520

(6) "Motor vehicle renting dealer" has the same meaning as in	10521
section 4549.65 of the Revised Code.	10522

(7) "Operator" has the same meaning as in division (Y) of	10523
section 4511.01 of the Revised Code.	10524

(8) "Owner" has the same meaning as in division (V) of	10525
section 4501.01 of the Revised Code.	10526

(B) There is hereby established the Construction Zone	10527
Automated Speed Enforcement System Pilot Project. Under the Pilot	10528
Project, a violation of section 4511.21 of the Revised Code that	10529
occurs within a construction zone that is located on an interstate	10530
highway and is detected by an automated speed enforcement system	10531
shall constitute a civil offense for which a civil penalty is	10532
assessed against the operator of the motor vehicle that was	10533
involved in the offense. For purposes of this section there shall	10534
be a rebuttable presumption that the owner, lessee, or renter of	10535
the motor vehicle is the operator. This presumption may be	10536
rebutted by providing evidence that another person was operating	10537
the vehicle at the time of the alleged violation in accordance	10538
with this section. The Pilot Project shall consist only of	10539
properly marked construction zones that are located on interstate	10540
highways and no other locations. An automated speed enforcement	10541
system that is located within a construction zone that is part of	10542
the Pilot Project shall be operational only when workers are	10543
present within the construction zone. The Department of Public	10544
Safety, with the advice and assistance of the Department of	10545
Transportation, shall administer the Pilot Project.	10546

(C) Under the Pilot Project, if an automated speed	10547
enforcement system determines that a motor vehicle has violated	10548
section 4511.21 of the Revised Code while traveling within a	10549
construction zone that is located on an interstate highway, a	10550
State Highway Patrol trooper shall view the motor vehicle image	10551
and its speed as recorded by the automated speed enforcement	10552
system to determine if a violation of section 4511.21 did in fact	10553
occur. If the trooper determines that the violation did occur, the	10554
trooper shall inform the Department of Public Safety or the	10555
Department's designee of that fact. The Department or the	10556
Department's designee shall issue to the motor vehicle owner a	10557
citation for the offense, which shall include at a minimum the	10558
date, time, and location that the alleged violation occurred, the	10559
fact that the violation is being processed under the Pilot Project	10560
not as a criminal offense but as a civil offense, and the amount	10561
of the civil penalty. The citation also shall state clearly the	10562
manners in which the motor vehicle owner is able to challenge the	10563
citation.	10564

(D)(1) A motor vehicle owner who is issued a citation under	10565
the Pilot Project is liable for the violation and for payment of	10566
the resulting civil penalty unless the owner does either of the	10567
following in a timely manner:	10568

(a) Files an objection to the citation and any resulting	10569
civil penalty and appears in person at a nonjudicial,	10570
administrative hearing to challenge the citation;	10571

(b) Submits sufficient reliable, credible evidence that shows	10572
that, more likely than not, at the time of the violation the motor	10573
vehicle was in the care, custody, or control of another person.	10574
Such evidence is required to be submitted by the motor vehicle	10575
owner to the Department of Public Safety or the Department's	10576
designee not later than 30 days after the date the owner is	10577
notified of the violation in order for the evidence to be	10578
considered submitted in a timely manner. The Department shall	10579
adopt rules specifying what evidence is sufficiently reliable and	10580
credible. Upon determination that the owner of the motor vehicle	10581
has presented reliable and credible evidence that the motor	10582
vehicle was in the care, custody, or control of another person at	10583
the time of the offense, the Department or the Department's	10584
designee may issue a citation to the operator in accordance with	10585
this section.	10586

(2) A motor vehicle leasing dealer or motor vehicle renting	10587
dealer that receives a citation for an alleged violation of	10588
section 4511.21 of the Revised Code that was detected by an	10589
automated speed enforcement system is not liable if the citation	10590
was issued for a motor vehicle that was in the care, custody, or	10591
control of a lessee or renter at the time of the alleged	10592
violation. A dealer that receives a citation for such a violation	10593
shall notify the Department of Public Safety or the Department's	10594
designee of the motor vehicle lessee's or renter's name and	10595
address, and the Department or the Department's designee may issue	10596
a citation in accordance with this section. In no case shall the	10597
dealer pay such a citation and then attempt to collect a fee or	10598
assess the lessee or renter a charge for any payment of such a	10599
citation made on behalf of the lessee or renter.	10600

(E) The Department of Public Safety shall establish a	10601
nonjudicial, administrative hearing procedure at which a motor	10602
vehicle owner or operator who receives a citation under the Pilot	10603
Project is able to appear in person to challenge the citation. At	10604
the hearing, the owner or operator shall be able to view all the	10605
evidence that served as the basis for issuance of the citation	10606
against the owner or operator, to introduce evidence on the	10607
owner's or operator's behalf, and to produce, examine, and	10608
cross-examine witnesses.	10609

(F) An owner or operator of a motor vehicle that is involved	10610
in a violation of section 4511.21 of the Revised Code that is	10611
processed under the Pilot Project and who challenges the citation	10612
in accordance with division (D)(1) or (2) of this section may	10613
appeal a decision of the Department of Public Safety or the	10614
Department's designee that imposes liability on the owner or	10615
operator and the civil penalty, within thirty days of the date of	10616
the decision, to the municipal court or county court within whose	10617
territorial jurisdiction the violation occurred. The municipal	10618
court or county court shall affirm the decision of the Department	10619
or the Department's designee if the court finds that the decision	10620
is supported by sufficient reliable, credible evidence and is in	10621
accordance with the law.	10622

(G)(1) No owner or operator of a motor vehicle that is	10623
involved in a violation of section 4511.21 of the Revised Code	10624
that is processed under the Pilot Project is liable for the	10625
violation and payment of the civil penalty if notification of the	10626
violation is given to the motor vehicle owner more than 90 days	10627
after the date of the violation.	10628

(2) No owner or operator of a motor vehicle who is issued a	10629
ticket, citation, or summons by a law enforcement officer for a	10630
violation of section 4511.21 of the Revised Code or a	10631
substantially equivalent municipal ordinance that occurs within a	10632
construction zone on an interstate highway and is a criminal	10633
offense shall be liable for the same violation and payment of a	10634
civil penalty under the Pilot Project if the violation also is	10635
detected by an automated speed enforcement system.	10636

(3) If the owner or operator of a motor vehicle that is	10637
involved in a violation of section 4511.21 of the Revised Code	10638
that is processed under the Pilot Project fails to pay the civil	10639
penalty or to respond to the citation within the time period	10640
specified in the citation, the owner or operator shall be deemed	10641
to have waived any right to contest liability for the violation	10642
and payment of the civil penalty by law.	10643

(H)(1) A violation of section 4511.21 of the Revised Code	10644
that is detected by an automated speed enforcement system and is	10645
processed under the Pilot Project is a civil violation for which a	10646
civil penalty not exceeding $250 shall be assessed. The Department	10647
of Public Safety shall establish the amount of the civil penalty.	10648

(2) Of the civil penalties collected under the Pilot Project:

10649

(a) Fifty per cent shall be paid into the treasury of the	10650
municipal corporation in which the violation occurred, or if the	10651
violation occurred outside the territorial jurisdiction of a	10652
municipal corporation, into the treasury of the county in which	10653
the violation occurred;	10654

(b) Forty-five per cent shall be deposited into the state	10655
treasury to the credit of the General Revenue Fund;	10656

(c) Five per cent shall be deposited into the state treasury	10657
to the credit of the Trauma and Emergency Medical Services Fund	10658
created by division (E)(4) of section 4513.263 of the Revised	10659
Code.	10660

(3) In addition to the civil penalty that is imposed for a	10661
violation of section 4511.21 of the Revised Code that is processed	10662
under the Pilot Project, the Department also shall impose an	10663
administrative fee in every such case. The Department shall	10664
determine the amount of the fee by rule, and all such fees shall	10665
be deposited into the state treasury to the credit of the	10666
Automated Speed Enforcement System Fund created by division (M) of	10667
this section.	10668

(4) The Department of Public Safety shall adopt rules	10669
establishing procedures for collection of civil penalties imposed	10670
upon persons under the Pilot Project. The rules may provide that,	10671
in the event of nonpayment of a civil penalty or administrative	10672
fee by a person, the Registrar of Motor Vehicles may suspend the	10673
person's driver's or commercial driver's license or permit or	10674
nonresident operating privilege until all outstanding penalties	10675
and fees have been paid.	10676

(5) Each citation issued under the Pilot Project shall	10677
indicate clearly the amount of the civil penalty that is	10678
referenced in divisions (H)(1) and (2) of this section and the	10679
amount of the administrative fee that will be paid to the private	10680
entity, as referenced in division (H)(3) of this section, that	10681
operates the Pilot Project, if any.	10682

(I) No owner or operator of a motor vehicle that is involved	10683
in a violation of section 4511.21 of the Revised Code that is	10684
detected by an automated speed enforcement system and is processed	10685
under the Pilot Project shall have any points assessed against	10686
that person's driver's or commercial driver's license or permit	10687
under section 4510.036 of the Revised Code for the violation.	10688

(J) No municipal corporation, county, or township shall enact	10689
an ordinance or adopt a resolution authorizing the use of an	10690
automated speed enforcement system on any interstate highway	10691
within its boundaries. Nothing in this division shall be construed	10692
as prohibiting a municipal corporation, county, or township from	10693
enacting an ordinance or adopting a resolution authorizing the use	10694
of an automated speed enforcement system on any street or highway	10695
within its boundaries that is not an interstate highway if the	10696
municipal corporation, county, or township otherwise has the power	10697
to do so.	10698

(K)(1) The Department of Public Safety may enter into a	10699
contract with a private entity for the establishment and operation	10700
of the automated speed enforcement system of the Pilot Project.	10701
For purposes of this section, if the Department enters into such a	10702
contract, the private entity is the Department's designee.	10703

(2) The Department of Public Safety and the Department of	10704
Transportation shall enter into an agreement whereby the	10705
Department of Transportation shall grant to the Department of	10706
Public Safety or the Department's designee access to any property	10707
of the Department of Transportation and any permits as may be	10708
necessary for the Department of Public Safety or its designee to	10709
implement the Pilot Project.	10710

(L)(1) The Department of Public Safety shall not use an	10711
automated speed enforcement system at any construction zone	10712
location unless the proper signs have been erected as required by	10713
division (L) of this section.	10714

(2) The Department shall erect signs that shall inform	10715
traffic approaching a construction zone that is located on an	10716
interstate highway that the construction zone contains an	10717
automated speed enforcement system to enforce section 4511.21 of	10718
the Revised Code. The Department shall erect the signs not less	10719
than one thousand feet and not more than five thousand three	10720
hundred feet before the boundary of the construction zone. The	10721
signs shall be so erected in each direction of travel on the	10722
interstate highway. The Department is responsible for all costs	10723
associated with the erection, maintenance, and replacement, if	10724
necessary, of the signs. All signs erected under division (L) of	10725
this section shall conform in size, color, location, and content	10726
to standards contained in the manual adopted by the Department of	10727
Transportation pursuant to section 4511.09 of the Revised Code	10728
and shall remain in place for as long as the Department of Public	10729
Safety utilizes the automated speed enforcement system to enforce	10730
section 4511.21 of the Revised Code within the construction zone	10731
under the Pilot Project. Any citation issued by or on behalf of	10732
the Department for a violation of section 4511.21 of the Revised	10733
Code based upon evidence gathered by an automated speed	10734
enforcement system device after the effective date of this	10735
section but before the signs have been erected is invalid;	10736
provided that no citation is invalid if the Department is in	10737
substantial compliance with the requirement of division (L) of	10738
this section to erect the signs.	10739

(3) The Department is deemed to be in substantial compliance	10740
with the requirements of divisions (L)(1) and (2) of this section	10741
to erect the advisory signs if the Department does both of the	10742
following:	10743

(a) First erects all signs as required by divisions (L)(1)	10744
and (2) of this section and subsequently maintains and replaces	10745
the signs as needed so that at all times at least 90 per cent of	10746
the required signs are in place and functional;	10747

(b) Annually documents and upon request certifies its	10748
compliance with divisions (L)(1) and (2) of this section.	10749

(M) There is hereby created in the state treasury the	10750
Automated Speed Enforcement System Fund, consisting of the	10751
administrative fees collected pursuant to division (H)(3) of this	10752
section. The Department of Public Safety shall use the money in	10753
the Fund only to pay expenses associated with the Automated Speed	10754
Enforcement System Pilot Project, including paying a private	10755
entity to establish, operate, and administer the Pilot Project.	10756

(N) The Construction Zone Automated Speed Enforcement System	10757
Pilot Project shall terminate on July 1, 2011, and no citations	10758
shall be issued under the Pilot Project on or after that date.	10759
Citations that are issued under the Pilot Project before that date	10760
may be processed after that date, and citation processing and	10761
administrative hearings regarding such citations may continue	10762
after that date until all citations issued under the Pilot Project	10763
have reached final resolution. Upon certification by the Director	10764
of Public Safety to the Director of Budget and Management that all	10765
citations issued under the Pilot Project have reached final	10766
resolution and all payments that are due the Department's designee	10767
have been paid, the Director of Budget and Management shall	10768
transfer all remaining money in the Automated Speed Enforcement	10769
System Fund to the General Revenue Fund.	10770

(O) The Department of Public Safety, in consultation with the	10771
Department of Transportation and in accordance with Chapter 119.	10772
of the Revised Code, shall adopt all rules necessary and proper	10773
for the establishment, implementation, and administration of the	10774
Pilot Project.	10775

Section 755.40. (A) The Department of Public Safety shall	10776
form a study group to conduct a study and make recommendations to	10777
improve services related to vehicle registrations, driver's	10778
license and identification card issuance, and vehicle title	10779
issuance. The study group shall include representatives from the	10780
Department of Public Safety, the Bureau of Motor Vehicles, the	10781
Office of Budget and Management, the Ohio Title Clerks'	10782
Association, the County Auditors' Association, the Ohio Trucking	10783
Association, the Deputy Registrars' Association, the Ohio Auto	10784
Dealers' Association, the County Commissioners' Association, and	10785
the Ohio Municipal League.	10786

(B) In regard to services related to vehicle registrations,	10787
driver's license and identification card issuance, and vehicle	10788
title issuance, the study group shall do all of the following:	10789

(1) Evaluate ways to improve the efficient delivery of	10790
services;	10791

(2) Examine existing statutory authority governing the	10792
supporting processes and infrastructure systems and analyze	10793
methods to improve such processes and systems;	10794

(3) Review demographic data, conduct a financial assessment	10795
of existing procedures, and identify additional services that may	10796
be provided;	10797

(4) Review current business methods and identify new	10798
technology that may improve processes and procedures.	10799

(C) Not later than six months after the effective date of	10800
this section, the study group shall submit its report with	10801
recommendations to the Governor, the Speaker of the House of	10802
Representatives, and the President of the Senate. Upon submitting	10803
its report, the study group shall cease to exist.	10804

Section 755.50. The Department of Transportation shall	10805
compile and produce a report on the financial and policy	10806
implications of the Department assuming primary responsibility for	10807
all state routes throughout Ohio regardless of local government	10808
jurisdiction. The report shall review the range of possible	10809
participation in the paving and maintenance of these routes by the	10810
Department. The Department shall submit the report to the Speaker	10811
of the House of Representatives, the President of the Senate, and	10812
the Governor not later than December 15, 2009.	10813

Section 755.60. The Ohio Turnpike Commission shall conduct a	10814
study to examine ways to increase the application of green	10815
technology, including the reduction of diesel emissions, in the	10816
construction, maintenance, improvement, repair, and operation of	10817
Ohio Turnpike Commission facilities. Additionally, the study shall	10818
evaluate all opportunities to develop energy alternatives,	10819
including solar, geothermal, natural gas, and wind, in cooperation	10820
with the Power Siting Board and the Ohio Department of	10821
Transportation.	10822

Not later than six months after the effective date of this	10823
section, the Ohio Turnpike Commission shall report the results of	10824
its study to the Speaker of the House of Representatives, the	10825
President of the Senate, and the Governor.	10826

Section 755.70. Notwithstanding sections 4519.02, 4519.03,	10827
4519.04, 4519.08, 4519.09, 4519.10, 4519.44, and 4519.47 of the	10828
Revised Code as amended in Section 101.01 of this act, the Bureau	10829
of Motor Vehicles shall not be required to issue license plates	10830
and validation stickers to all-purpose vehicles until one year	10831
after the effective date of this section.	10832

Section 755.80. (A) There is established a MARCS Task Force	10833
to explore and issue recommendations on the organizational	10834
structure and operational and capital funding options for the	10835
long-term sustainability and more ubiquitous utilization of the	10836
MARCS System.	10837

The Task Force shall consist of seventeen members as	10838
follows: three members appointed by the Governor; three members	10839
appointed by the Speaker of the House of Representatives, not more	10840
than two from the same political party; three members appointed by	10841
the President of the Senate, not more than two from the same	10842
political party; one representative from the Department of Public	10843
Safety, appointed by the Director of Public Safety; one	10844
representative from the State Highway Patrol, appointed by the	10845
Director of Public Safety; one representative from the Buckeye	10846
State Sheriffs' Association, appointed by the Governor; one	10847
representative from the Ohio Association of Chiefs of Police,	10848
appointed by the Governor; one representative from the Ohio Fire	10849
Chiefs Association, appointed by the Governor; one representative	10850
from MARCS, appointed by the Director of Administrative Services;	10851
one representative of an emergency management agency, appointed	10852
by the Governor; and the Director of Administrative Services or	10853
the Director's designee. The appointed members shall be appointed	10854
not later than forty-five days after the effective date of this	10855
section.	10856

The Director of Administrative Services or the Director's	10857
designee shall serve as chairperson of the Task Force.	10858

Members of the Task Force shall receive no compensation or	10859
reimbursement for their services.	10860

(B) Not later than nine months after the effective date of	10861
this section, the Task Force shall submit a report to the	10862
Governor, the President of the Senate, and the Speaker of the	10863
House of Representatives. The report shall make recommendations	10864
on the matters outlined in the first paragraph of division (A) of	10865
this section for the MARCS System.	10866

Section 803.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	10867
APPROPRIATIONS	10868

Law contained in the main operating appropriations act of the	10869
128th General Assembly that is generally applicable to the	10870
appropriations made in the main operating appropriations act also	10871
is generally applicable to the appropriations made in this act.	10872

Section 806.10. The items of law contained in this act, and	10873
their applications, are severable. If any item of law contained in	10874
this act, or if any application of any item of law contained in	10875
this act, is held invalid, the invalidity does not affect other	10876
items of law contained in this act and their applications that can	10877
be given effect without the invalid item or application.	10878

Section 812.10. Except as otherwise provided in this act,	10879
the amendment, enactment, or repeal by this act of a section is	10880
subject to the referendum under Ohio Constitution, Article II,	10881
Section 1c and therefore takes effect on the ninety-first day	10882
after this act is filed with the Secretary of State or, if a later	10883
effective date is specified below, on that date.	10884

Sections 1548.10, 4505.032, 4505.09, and 4519.59 of the	10885
Revised Code, as amended by this act, take effect one year after	10886
the effective date specified in the first paragraph of this	10887
section.	10888

Section 812.20. In this section, an "appropriation" includes	10889
another provision of law in this act that relates to the subject	10890
of the appropriation.	10891

An appropriation of money made in this act is not subject to	10892
the referendum insofar as a contemplated expenditure authorized	10893
thereby is wholly to meet a current expense within the meaning of	10894
Ohio Constitution, Article II, Section 1d and section 1.471 of the	10895
Revised Code. To that extent, the appropriation takes effect	10896
immediately when this act becomes law. Conversely, the	10897
appropriation is subject to the referendum insofar as a	10898
contemplated expenditure authorized thereby is wholly or partly	10899
not to meet a current expense within the meaning of Ohio	10900
Constitution, Article II, Section 1d and section 1.471 of the	10901
Revised code. To that extent, the appropriation takes effect on	10902
the ninety-first day after this act is filed with the Secretary	10903
of State.	10904

Section 812.30. The amendment, enactment, or repeal by this	10905
act of the sections listed below is exempt from the referendum	10906
because it is or relates to an appropriation for current expenses	10907
within the meaning of Ohio Constitution, Article II, Section 1d	10908
and section 1.471 of the Revised Code, or defines a tax levy	10909
within the meaning of Ohio Constitution, Article II, Section 1d,	10910
and therefore takes effect immediately when this act becomes law	10911
or, if a later effective date is specified below, on that date.	10912

R.C. 121.51 and 125.11

10913

The amendment of sections 5735.06 and 5735.141 of the Revised	10914
Code take effect July 1, 2009.	10915

Section 229.10 of Am. Sub. H.B. 67 of the 127th General	10916
Assembly	10917

Sections of this act prefixed with section numbers in the	10918
300's, 500's, 600's, 700's, and 800's, except for Sections 509.10,	10919
610.20, 610.21, and 755.20 of this act.	10920

Section 812.40. The sections that are listed in the	10921
left-hand column of the following table combine amendments by this	10922
act that are and that are not exempt from the referendum under	10923
Ohio Constitution, Article II, Sections 1c and 1d and section	10924
1.471 of the Revised Code.	10925

The middle column identifies the amendments to the listed	10926
sections that are subject to the referendum under Ohio	10927
Constitution, Article II, Section 1c and therefore take effect on	10928
the ninety-first day after this act is filed with the Secretary of	10929
State or, if a later effective date is specified, on that date.	10930

The right-hand column identifies the amendments to the listed	10931
sections that are exempt from the referendum because they are or	10932
relate to an appropriation for current expenses within the meaning	10933
of Ohio Constitution, Article II, Section 1d and section 1.471 of	10934
the Revised Code, or define a tax levy within the meaning of Ohio	10935
Constitution, Article II, Section 1d, and therefore take effect	10936
immediately when this act becomes law or, if a later effective	10937
date is specified, on that date.	10938

Section of law		Amendments subject to referendum		Amendments exempt from referendum		10939
R.C. 4561.18		Division (A)		Divisions (D)(1), (D)(3), (H)		10940

Section 815.10. The amendment by this act to sections	10941
4511.093 and 4513.263 of the Revised Code does not affect the	10942
taking effect of amendments previously made to those sections by	10943
Am. Sub. H.B. 320 of the 127th General Assembly, insofar as the	10944
latter amendments are not repealed by the amendments to those	10945
sections by this act. The amendments of Am. Sub. H.B. 320 to the	10946
sections take effect as specified in that act, except insofar as	10947
they are repealed by this act.	10948

Section 815.20. The General Assembly, applying the principle	10949
stated in division (B) of section 1.52 of the Revised Code that	10950
amendments are to be harmonized if reasonably capable of	10951
simultaneous operation, finds that the following sections,	10952
presented in this act as composites of the sections as amended by	10953
the acts indicated, are the resulting versions of the sections in	10954
effect prior to the effective date of the sections as presented in	10955
this act:	10956

Section 4501.21 of the Revised Code as amended by both Am.	10957
Sub. H.B. 273 and Am. Sub. S.B. 129 of the 127th General	10958
Assembly.	10959

Section 4506.07 of the Revised Code as amended by both Am.	10960
Sub. H.B. 450 and Sub. H.B. 529 of the 127th General Assembly.	10961

Section 4506.11 of the Revised Code as amended by both Am.	10962
Sub. H.B. 450 and Sub. H.B. 529 of the 127th General Assembly.	10963

Section 4507.06 of the Revised Code as amended by both Am.	10964
Sub. H.B. 450 and Sub. H.B. 529 of the 127th General Assembly.	10965

Section 4507.51 of the Revised Code as amended by Am. Sub.	10966
H.B. 130, Am. Sub. H.B. 450, and Sub. H.B. 529 of the 127th	10967
General Assembly.	10968

Section 4511.181 of the Revised Code as amended by both Am.	10969
Sub. H.B. 562 and Am. Sub. S.B. 17 of the 127th General Assembly.	10970