Sub. H. B. No. 2 As Reported by the House Finance and Appropriations Committee

As Reported by the House Finance and Appropriations Committee

128th General Assembly

Regular Session

2009-2010

Sub. H. B. No. 2

Representative Ujvagi

A BILL

To amend sections 121.51, 125.11, 133.52, 151.01,

151.09, 151.40, 955.201, 1548.10, 1548.14,

1751.53, 2911.21, 2949.094, 3781.10, 3905.423,

3923.38, 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, to repeal section 121.53

of the Revised Code on September 30, 2013, and to

declare an emergency.

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

Section 101.01. That sections 121.51, 125.11, 133.52,	42
151.01, 151.09, 151.40, 955.201, 1548.10, 1548.14, 1751.53,	43
2911.21, 2949.094, 3781.10, 3905.423, 3923.38, 4163.01, 4163.07,	44
4501.01, 4501.03, 4501.044, 4501.06, 4501.21, 4501.34, 4503.04,	45
4503.042, 4503.07, 4503.10, 4503.103, 4503.182, 4503.26, 4503.65,	46
4505.032, 4505.09, 4505.14, 4506.07, 4506.08, 4506.11, 4507.05,	47
4507.06, 4507.071, 4507.13, 4507.23, 4507.24, 4507.51, 4507.52,	48
4509.05, 4511.01, 4511.093, 4511.181, 4511.191, 4511.213,	49
4513.03, 4513.263, 4519.02, 4519.03, 4519.04, 4519.08, 4519.09,	50
4519.10, 4519.44, 4519.47, 4519.59, 4519.63, 4561.17, 4561.18,	51
4561.21, 4981.02, 5501.03, 5501.311, 5501.34, 5502.03, 5502.39,	52
5502.67, 5502.68, 5515.01, 5515.07, 5517.011, 5525.01, 5525.15,	53
5531.09, 5537.07, 5537.99, 5735.06, and 5735.141 be amended and	54
sections 5.24, 121.53, 122.077, 123.153, 1519.20, 3905.425,	55
4163.08, 4163.09, 4501.026, 4511.108, 4981.40, 5502.131,	56
5525.012, 5531.11, 5531.12, 5531.13, 5531.14, 5531.15, 5531.16,	57
5531.17, 5531.18, 5531.99, 5539.01, 5539.02, 5539.03, 5539.031,	58
5539.04, 5539.05, 5539.06, 5539.07, 5539.08, 5539.09, 5539.10,	59
and 5539.11 of the Revised Code be enacted to read as follows:	60

Sec. 5.24. The city of Dayton and county of Montgomery are	61
hereby designated as an Ohio hub of innovation and opportunity for	62
aerospace and aviation.	63

Sec. 121.51. There is hereby created in the office of the	64
inspector general the position of deputy inspector general for the	65
department of transportation. The inspector general shall appoint	66
the deputy inspector general, and the deputy inspector general	67
shall serve at the pleasure of the inspector general. A person	68
employed as the deputy inspector general shall have the same	69
qualifications as those specified in section 121.49 of the Revised	70
Code for the inspector general. The inspector general shall	71
provide technical, professional, and clerical assistance to the	72
deputy inspector general. ~~The inspector general shall certify to~~	73
~~the director of budget and management the costs, including the~~	74
~~salaries of the deputy inspector general and the employees~~	75
~~assisting the deputy inspector general, that the inspector~~	76
~~general expects the deputy inspector general to incur during the~~	77
~~fiscal year or such lesser period for which the certification is~~	78
~~made. The director of budget and management shall transfer the~~	79
~~amounts certified to~~	80

There is hereby created in the state treasury the deputy	81
inspector general for ODOT fund~~, which is hereby created in the~~	82
~~state treasury, from the appropriation made to the department~~	83
~~of transportation from which expenditures for general~~	84
~~administrative purposes, as distinguished from specific~~	85
~~infrastructure projects, are made. The transfers shall be made in~~	86
~~accordance with a schedule that the inspector general considers~~	87
~~to be appropriate but shall not be in amounts that would create~~	88
~~a balance in the fund in excess of need or that would exceed the~~	89
~~amount appropriated from the fund~~. The fund shall consist of	90
money credited to the fund for the payment of costs incurred by	91
the deputy inspector general in performing the duties of the	92
deputy inspector general as specified in this section. The	93
inspector general shall use the ~~deputy inspector general for~~	94
~~ODOT~~ fund to pay costs incurred by the deputy inspector	95
general in performing the duties of the deputy inspector general	96
as required under this section.	97

The deputy inspector general shall investigate all wrongful	98
acts or omissions that have been committed or are being committed	99
by employees of the department. In addition, the deputy inspector	100
general shall conduct a program of random review of the processing	101
of contracts associated with building and maintaining the state's	102
infrastructure. The random review program shall be designed by the	103
inspector general. The program shall be confidential and may be	104
altered by the inspector general at any time. The deputy inspector	105
general has the same powers and duties regarding matters	106
concerning the department as those specified in sections 121.42,	107
121.43, and 121.45 of the Revised Code for the inspector general.	108
Complaints may be filed with the deputy inspector general in the	109
same manner as prescribed for complaints filed with the inspector	110
general under section 121.46 of the Revised Code. All	111
investigations conducted and reports issued by the deputy	112
inspector general are subject to section 121.44 of the Revised	113
Code.	114

All officers and employees of the department shall cooperate	115
with and provide assistance to the deputy inspector general in the	116
performance of any investigation conducted by the deputy inspector	117
general. In particular, those persons shall make their premises,	118
equipment, personnel, books, records, and papers readily available	119
to the deputy inspector general. In the course of an	120
investigation, the deputy inspector general may question any	121
officers or employees of the department and any person transacting	122
business with the department and may inspect and copy any books,	123
records, or papers in the possession of the department, taking	124
care to preserve the confidentiality of information contained in	125
responses to questions or the books, records, or papers that are	126
made confidential by law. In performing any investigation, the	127
deputy inspector general shall avoid interfering with the ongoing	128
operations of the department, except insofar as is reasonably	129
necessary to complete the investigation successfully.	130

At the conclusion of an investigation by the deputy inspector	131
general, the deputy inspector general shall deliver to the	132
director of transportation and the governor any case for which	133
remedial action is necessary. The deputy inspector general shall	134
maintain a public record of the activities of the deputy inspector	135
general to the extent permitted under this section, ensuring that	136
the rights of the parties involved in each case are protected. The	137
inspector general shall include in the annual report required by	138
section 121.48 of the Revised Code a summary of the deputy	139
inspector general's activities during the previous year.	140

No person shall disclose any information that is designated	141
as confidential in accordance with section 121.44 of the Revised	142
Code or any confidential information that is acquired in the	143
course of an investigation conducted under this section to any	144
person who is not legally entitled to disclosure of that	145
information.	146

Sec. 121.53. There is hereby created in the office of the	147
inspector general the position of deputy inspector general for	148
funds received through the American recovery and reinvestment act	149
of 2009. The inspector general shall appoint the deputy inspector	150
general, and the deputy inspector general shall serve at the	151
pleasure of the inspector general. A person employed as the deputy	152
inspector general shall have the same qualifications as those	153
specified in section 121.49 of the Revised Code for the inspector	154
general. The inspector general shall provide technical,	155
professional, and clerical assistance to the deputy inspector	156
general.	157

There is hereby created in the state treasury the deputy	158
inspector general for funds received through the American recovery	159
and reinvestment act of 2009 fund. The fund shall consist of money	160
credited to the fund for the payment of costs incurred by the	161
deputy inspector general for performing the duties of the deputy	162
inspector general as specified in this section. The inspector	163
general shall use the fund to pay costs incurred by the deputy	164
inspector general in performing the duties of the deputy inspector	165
general as required under this section.	166

The deputy inspector general shall investigate all wrongful	167
acts or omissions that have been committed or are being committed	168
with respect to money received from the federal government under	169
the American Recovery and Reinvestment Act of 2009. In addition,	170
the deputy inspector general shall conduct a program of random	171
review of the processing of contracts associated with projects to	172
be paid for with such money. The random review program shall be	173
designed by the inspector general. The program shall be	174
confidential and may be altered by the inspector general at any	175
time. The deputy inspector general has the same powers and duties	176
regarding matters concerning such money as those specified in	177
sections 121.42, 121.43, and 121.45 of the Revised Code for the	178
inspector general. Complaints may be filed with the deputy	179
inspector general in the same manner as prescribed for complaints	180
filed with the inspector general under section 121.46 of the	181
Revised Code. All investigations conducted and reports issued by	182
the deputy inspector general are subject to section 121.44 of the	183
Revised Code.	184

All relevant state agencies shall cooperate with and provide	185
assistance to the deputy inspector general in the performance of	186
any investigation conducted by the deputy inspector general. In	187
particular, those persons shall make their premises, equipment,	188
personnel, books, records, and papers readily available to the	189
deputy inspector general. In the course of an investigation, the	190
deputy inspector general may question any officers or employees of	191
the relevant agency and any person transacting business with the	192
agency and may inspect and copy any books, records, or papers in	193
the possession of the agency, taking care to preserve the	194
confidentiality of information contained in responses to questions	195
or the books, records, or papers that are made confidential by	196
law. In performing any investigation, the deputy inspector general	197
shall avoid interfering with the ongoing operations of the agency,	198
except as is reasonably necessary to complete the investigation	199
successfully.	200

At the conclusion of an investigation by the deputy	201
inspector, the deputy inspector general shall deliver to the	202
speaker and minority leader of the house of representatives,	203
president and minority leader of the senate, governor, and	204
relevant agency any case for which remedial action is necessary.	205
The deputy inspector general shall maintain a public record of the	206
activities of the deputy inspector general to the extent permitted	207
under this section, ensuring that the rights of the parties	208
involved in each case are protected. The inspector general shall	209
include in the annual report required by section 121.48 of the	210
Revised Code a summary of the deputy inspector general's	211
activities during the previous year.	212

No person shall disclose any information that is designated	213
as confidential in accordance with section 121.44 of the Revised	214
Code or any confidential information that is acquired in the	215
course of an investigation conducted under this section to any	216
person who is not legally entitled to disclosure of that	217
information.	218

Notwithstanding anything to the contrary in this section or	219
section 121.51 of the Revised Code, the inspector general shall	220
coordinate and monitor the work of the deputy inspector general	221
for the department of transportation and the deputy inspector	222
general for funds received through the American Recovery and	223
Reinvestment Act of 2009. The objective of the inspector general	224
in this respect shall be to ensure that the work performed by each	225
deputy inspector general is most appropriate to that deputy	226
inspector general, that it does not duplicate work performed by	227
the other deputy inspector general, and that the result is an	228
overall effective and efficient operation within the office of the	229
inspector general.	230

Sec. 122.077. For the purpose of promoting the use of energy	231
efficient products to reduce greenhouse gas emissions in this	232
state, the director of development shall establish an energy star	233
rebate program under which the director may provide rebates to	234
consumers for household devices carrying the energy star label	235
indicating that the device meets the energy efficiency criteria of	236
the energy star program established by the United States	237
department of energy and the United States environmental	238
protection agency.	239

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

240

(1) "Minority business enterprise" has the same meaning as in	241
section 123.151 of the Revised Code.	242

(2) "EDGE business enterprise" has the same meaning as in	243
section 123.152 of the Revised Code.	244

(B) Beginning October 1, 2009, and on the first day of	245
October in each year thereafter, the director of administrative	246
services shall submit a written report to the governor and to each	247
member of the general assembly describing the progress made by	248
state agencies in advancing the minority business enterprise	249
program and the encouraging diversity, growth, and equity program.	250
The report shall highlight the initiatives implemented to	251
encourage participation of minority-owned, as well as socially and	252
economically disadvantaged, businesses in programs funded by	253
federal money received by the state for fiscal stabilization and	254
recovery purposes. The report shall also include the total number	255
of procurement contracts each agency has entered into with	256
certified minority business enterprises and EDGE business	257
enterprises.	258

Sec. 125.11. (A) Subject to division (B) of this section,	259
contracts awarded pursuant to a reverse auction under section	260
125.072 of the Revised Code or pursuant to competitive sealed	261
bidding, including contracts awarded under section 125.081 of the	262
Revised Code, shall be awarded to the lowest responsive and	263
responsible bidder on each item in accordance with section 9.312	264
of the Revised Code. When the contract is for meat products as	265
defined in section 918.01 of the Revised Code or poultry products	266
as defined in section 918.21 of the Revised Code, only those bids	267
received from vendors offering products from establishments on the	268
current list of meat and poultry vendors established and	269
maintained by the director of administrative services under	270
section 125.17 of the Revised Code shall be eligible for	271
acceptance. The department of administrative services may accept	272
or reject any or all bids in whole or by items, except that when	273
the contract is for services or products available from a	274
qualified nonprofit agency pursuant to sections 125.60 to 125.6012	275
or 4115.31 to 4115.35 of the Revised Code, the contract shall be	276
awarded to that agency.	277

(B)(1) Prior to awarding a contract under division (A) of	278
this section, the department of administrative services or the	279
state agency responsible for evaluating a contract for the	280
purchase of products shall evaluate the bids received according to	281
the criteria and procedures established pursuant to divisions	282
(C)(1) and (2) of section 125.09 of the Revised Code for	283
determining if a product is produced or mined in the United States	284
and if a product is produced or mined in this state. The	285
department or other state agency shall first remove bids that	286
offer products that have not been or that will not be produced or	287
mined in the United States. From among the remaining bids, the	288
department or other state agency shall select the lowest	289
responsive and responsible bid, in accordance with section 9.312	290
of the Revised Code, from among the bids that offer products that	291
have been produced or mined in this state where sufficient	292
competition can be generated within this state to ensure that	293
compliance with these requirements will not result in an excessive	294
price for the product or acquiring a disproportionately inferior	295
product. If there are two or more qualified bids that offer	296
products that have been produced or mined in this state, it shall	297
be deemed that there is sufficient competition to prevent an	298
excessive price for the product or the acquiring of a	299
disproportionately inferior product.	300

(2) The requirement of division (B)(1) of this section that	301
deems sufficient competition exists does not apply to the	302
acquisition of materials necessary for the removal of snow and ice	303
by the department of transportation under section 5501.41 of the	304
Revised Code.	305

Nothing in this division shall be deemed to conflict with the	306
preferences for United States and Ohio products established in	307
section 125.09 of the Revised Code.	308

(C) Division (B) of this section applies to contracts for	309
which competitive bidding is waived by the controlling board.	310

(D) Division (B) of this section does not apply to the	311
purchase by the division of liquor control of spirituous liquor.	312

(E) The director of administrative services shall publish in	313
the form of a model act for use by counties, townships, municipal	314
corporations, or any other political subdivision described in	315
division (B) of section 125.04 of the Revised Code, a system of	316
preferences for products mined and produced in this state and in	317
the United States and for Ohio-based contractors. The model act	318
shall reflect substantial equivalence to the system of preferences	319
in purchasing and public improvement contracting procedures under	320
which the state operates pursuant to this chapter and section	321
153.012 of the Revised Code. To the maximum extent possible,	322
consistent with the Ohio system of preferences in purchasing and	323
public improvement contracting procedures, the model act shall	324
incorporate all of the requirements of the federal "Buy America	325
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and	326
the rules adopted under that act.	327

Before and during the development and promulgation of the	328
model act, the director shall consult with appropriate statewide	329
organizations representing counties, townships, and municipal	330
corporations so as to identify the special requirements and	331
concerns these political subdivisions have in their purchasing and	332
public improvement contracting procedures. The director shall	333
promulgate the model act by rule adopted pursuant to Chapter 119.	334
of the Revised Code and shall revise the act as necessary to	335
reflect changes in this chapter or section 153.012 of the Revised	336
Code.	337

The director shall make available copies of the model act,	338
supporting information, and technical assistance to any township,	339
county, or municipal corporation wishing to incorporate the	340
provisions of the act into its purchasing or public improvement	341
contracting procedure.	342

Sec. 133.52. A county, municipal corporation, or township may	343
issue or incur public obligations, including general obligations,	344
to provide, or assist in providing, grants, loans, loan	345
guarantees, or contributions for conservation and revitalization	346
purposes pursuant to ~~Section~~Sections 2o and 2q of Article VIII,	347
Ohio Constitution.	348

Sec. 151.01. (A) As used in sections 151.01 to 151.11 and	349
151.40 of the Revised Code and in the applicable bond proceedings	350
unless otherwise provided:	351

(1) "Bond proceedings" means the resolutions, orders,	352
agreements, and credit enhancement facilities, and amendments and	353
supplements to them, or any one or more or combination of them,	354
authorizing, awarding, or providing for the terms and conditions	355
applicable to or providing for the security or liquidity of, the	356
particular obligations, and the provisions contained in those	357
obligations.	358

(2) "Bond service fund" means the respective bond service	359
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	360
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code, and	361
any accounts in that fund, including all moneys and investments,	362
and earnings from investments, credited and to be credited to that	363
fund and accounts as and to the extent provided in the applicable	364
bond proceedings.	365

(3) "Capital facilities" means capital facilities or projects	366
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	367
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code.	368

(4) "Costs of capital facilities" means the costs of	369
acquiring, constructing, reconstructing, rehabilitating,	370
remodeling, renovating, enlarging, improving, equipping, or	371
furnishing capital facilities, and of the financing of those	372
costs. "Costs of capital facilities" includes, without limitation,	373
and in addition to costs referred to in section 151.03, 151.04,	374
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, 151.11, or 151.40	375
of the Revised Code, the cost of clearance and preparation of the	376
site and of any land to be used in connection with capital	377
facilities, the cost of any indemnity and surety bonds and	378
premiums on insurance, all related direct administrative expenses	379
and allocable portions of direct costs of the issuing authority,	380
costs of engineering and architectural services, designs, plans,	381
specifications, surveys, and estimates of cost, financing costs,	382
interest on obligations from their date to the time when interest	383
is to be paid from sources other than proceeds of obligations,	384
amounts necessary to establish any reserves as required by the	385
bond proceedings, the reimbursement of all moneys advanced or	386
applied by or borrowed from any person or governmental agency or	387
entity for the payment of any item of costs of capital facilities,	388
and all other expenses necessary or incident to planning or	389
determining feasibility or practicability with respect to capital	390
facilities, and such other expenses as may be necessary or	391
incident to the acquisition, construction, reconstruction,	392
rehabilitation, remodeling, renovation, enlargement, improvement,	393
equipment, and furnishing of capital facilities, the financing of	394
those costs, and the placing of the capital facilities in use and	395
operation, including any one, part of, or combination of those	396
classes of costs and expenses. For purposes of sections 122.085 to	397
122.0820 of the Revised Code, "costs of capital facilities"	398
includes "allowable costs" as defined in section 122.085 of the	399
Revised Code.	400

(5) "Credit enhancement facilities," "financing costs," and	401
"interest" or "interest equivalent" have the same meanings as in	402
section 133.01 of the Revised Code.	403

(6) "Debt service" means principal, including any mandatory	404
sinking fund or redemption requirements for retirement of	405
obligations, interest and other accreted amounts, interest	406
equivalent, and any redemption premium, payable on obligations. If	407
not prohibited by the applicable bond proceedings, debt service	408
may include costs relating to credit enhancement facilities that	409
are related to and represent, or are intended to provide a source	410
of payment of or limitation on, other debt service.	411

(7) "Issuing authority" means the Ohio public facilities	412
commission created in section 151.02 of the Revised Code for	413
obligations issued under section 151.03, 151.04, 151.05, 151.07,	414
151.08, 151.09, 151.10, or 151.11 of the Revised Code, or the	415
treasurer of state, or the officer who by law performs the	416
functions of that office, for obligations issued under section	417
151.06 or 151.40 of the Revised Code.	418

(8) "Net proceeds" means amounts received from the sale of	419
obligations, excluding amounts used to refund or retire	420
outstanding obligations, amounts required to be deposited into	421
special funds pursuant to the applicable bond proceedings, and	422
amounts to be used to pay financing costs.	423

(9) "Obligations" means bonds, notes, or other evidences of	424
obligation of the state, including any appertaining interest	425
coupons, issued under Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	426
Article VIII, Ohio Constitution, and pursuant to sections 151.01	427
to 151.11 or 151.40 of the Revised Code or other general assembly	428
authorization.	429

(10) "Principal amount" means the aggregate of the amount as	430
stated or provided for in the applicable bond proceedings as the	431
amount on which interest or interest equivalent on particular	432
obligations is initially calculated. Principal amount does not	433
include any premium paid to the state by the initial purchaser of	434
the obligations. "Principal amount" of a capital appreciation	435
bond, as defined in division (C) of section 3334.01 of the Revised	436
Code, means its face amount, and "principal amount" of a zero	437
coupon bond, as defined in division (J) of section 3334.01 of the	438
Revised Code, means the discounted offering price at which the	439
bond is initially sold to the public, disregarding any purchase	440
price discount to the original purchaser, if provided for pursuant	441
to the bond proceedings.	442

(11) "Special funds" or "funds," unless the context indicates	443
otherwise, means the bond service fund, and any other funds,	444
including any reserve funds, created under the bond proceedings	445
and stated to be special funds in those proceedings, including	446
moneys and investments, and earnings from investments, credited	447
and to be credited to the particular fund. Special funds do not	448
include the school building program assistance fund created by	449
section 3318.25 of the Revised Code, the higher education	450
improvement fund created by division (F) of section 154.21 of the	451
Revised Code, the highway capital improvement bond fund created by	452
section 5528.53 of the Revised Code, the state parks and natural	453
resources fund created by section 1557.02 of the Revised Code, the	454
coal research and development fund created by section 1555.15 of	455
the Revised Code, the clean Ohio conservation fund created by	456
section 164.27 of the Revised Code, the clean Ohio revitalization	457
fund created by section 122.658 of the Revised Code, the job ready	458
site development fund created by section 122.0820 of the Revised	459
Code, the third frontier research and development fund created by	460
section 184.19 of the Revised Code, the third frontier research	461
and development taxable bond fund created by section 184.191 of	462
the Revised Code, or other funds created by the bond proceedings	463
that are not stated by those proceedings to be special funds.	464

(B) Subject to Section 2l, 2m, 2n, 2o, 2p, 2q, or 15, and	465
Section 17, of Article VIII, Ohio Constitution, the state, by the	466
issuing authority, is authorized to issue and sell, as provided in	467
sections 151.03 to 151.11 or 151.40 of the Revised Code, and in	468
respective aggregate principal amounts as from time to time	469
provided or authorized by the general assembly, general	470
obligations of this state for the purpose of paying costs of	471
capital facilities or projects identified by or pursuant to	472
general assembly action.	473

(C) Each issue of obligations shall be authorized by	474
resolution or order of the issuing authority. The bond proceedings	475
shall provide for or authorize the manner for determining the	476
principal amount or maximum principal amount of obligations of an	477
issue, the principal maturity or maturities, the interest rate or	478
rates, the date of and the dates of payment of interest on the	479
obligations, their denominations, and the place or places of	480
payment of debt service which may be within or outside the state.	481
Unless otherwise provided by law, the latest principal maturity	482
may not be later than the earlier of the thirty-first day of	483
December of the twenty-fifth calendar year after the year of	484
issuance of the particular obligations or of the twenty-fifth	485
calendar year after the year in which the original obligation to	486
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	487
and 9.983 of the Revised Code apply to obligations. The purpose of	488
the obligations may be stated in the bond proceedings in general	489
terms, such as, as applicable, "financing or assisting in the	490
financing of projects as provided in Section 2l of Article VIII,	491
Ohio Constitution," "financing or assisting in the financing of	492
highway capital improvement projects as provided in Section 2m of	493
Article VIII, Ohio Constitution," "paying costs of capital	494
facilities for a system of common schools throughout the state as	495
authorized by Section 2n of Article VIII, Ohio Constitution,"	496
"paying costs of capital facilities for state-supported and	497
state-assisted institutions of higher education as authorized by	498
Section 2n of Article VIII, Ohio Constitution," "paying costs of	499
coal research and development as authorized by Section 15 of	500
Article VIII, Ohio Constitution," "financing or assisting in the	501
financing of local subdivision capital improvement projects as	502
authorized by Section 2m of Article VIII, Ohio Constitution,"	503
"paying costs of conservation projects as authorized by ~~Section~~	504
Sections 2o and 2q of Article VIII, Ohio Constitution," "paying	505
costs of revitalization projects as authorized by ~~Section~~Sections	506
2o and 2q of Article VIII, Ohio Constitution," "paying costs of	507
preparing sites for industry, commerce, distribution, or research	508
and development as authorized by Section 2p of Article VIII, Ohio	509
Constitution," or "paying costs of research and development as	510
authorized by Section 2p of Article VIII, Ohio Constitution."	511

(D) The issuing authority may appoint or provide for the	512
appointment of paying agents, bond registrars, securities	513
depositories, clearing corporations, and transfer agents, and may	514
without need for any other approval retain or contract for the	515
services of underwriters, investment bankers, financial advisers,	516
accounting experts, marketing, remarketing, indexing, and	517
administrative agents, other consultants, and independent	518
contractors, including printing services, as are necessary in the	519
judgment of the issuing authority to carry out the issuing	520
authority's functions under this chapter. When the issuing	521
authority is the Ohio public facilities commission, the issuing	522
authority also may without need for any other approval retain or	523
contract for the services of attorneys and other professionals for	524
that purpose. Financing costs are payable, as may be provided in	525
the bond proceedings, from the proceeds of the obligations, from	526
special funds, or from other moneys available for the purpose.	527

(E) The bond proceedings may contain additional provisions	528
customary or appropriate to the financing or to the obligations or	529
to particular obligations including, but not limited to,	530
provisions for:	531

(1) The redemption of obligations prior to maturity at the	532
option of the state or of the holder or upon the occurrence of	533
certain conditions, and at particular price or prices and under	534
particular terms and conditions;	535

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

536

(3) The establishment, deposit, investment, and application	537
of special funds, and the safeguarding of moneys on hand or on	538
deposit, in lieu of the applicability of provisions of Chapter	539
131. or 135. of the Revised Code, but subject to any special	540
provisions of sections 151.01 to 151.11 or 151.40 of the Revised	541
Code with respect to the application of particular funds or	542
moneys. Any financial institution that acts as a depository of any	543
moneys in special funds or other funds under the bond proceedings	544
may furnish indemnifying bonds or pledge securities as required by	545
the issuing authority.	546

(4) Any or every provision of the bond proceedings being	547
binding upon the issuing authority and upon such governmental	548
agency or entity, officer, board, commission, authority, agency,	549
department, institution, district, or other person or body as may	550
from time to time be authorized to take actions as may be	551
necessary to perform all or any part of the duty required by the	552
provision;	553

(5) The maintenance of each pledge or instrument comprising	554
part of the bond proceedings until the state has fully paid or	555
provided for the payment of the debt service on the obligations or	556
met other stated conditions;	557

(6) In the event of default in any payments required to be	558
made by the bond proceedings, or by any other agreement of the	559
issuing authority made as part of a contract under which the	560
obligations were issued or secured, including a credit enhancement	561
facility, the enforcement of those payments by mandamus, a suit in	562
equity, an action at law, or any combination of those remedial	563
actions;	564

(7) The rights and remedies of the holders or owners of	565
obligations or of book-entry interests in them, and of third	566
parties under any credit enhancement facility, and provisions for	567
protecting and enforcing those rights and remedies, including	568
limitations on rights of individual holders or owners;	569

(8) The replacement of mutilated, destroyed, lost, or stolen	570
obligations;	571

(9) The funding, refunding, or advance refunding, or other	572
provision for payment, of obligations that will then no longer be	573
outstanding for purposes of this section or of the applicable bond	574
proceedings;	575

(10) Amendment of the bond proceedings;

576

(11) Any other or additional agreements with the owners of	577
obligations, and such other provisions as the issuing authority	578
determines, including limitations, conditions, or qualifications,	579
relating to any of the foregoing.	580

(F) The great seal of the state or a facsimile of it may be	581
affixed to or printed on the obligations. The obligations	582
requiring execution by or for the issuing authority shall be	583
signed as provided in the bond proceedings. Any obligations may be	584
signed by the individual who on the date of execution is the	585
authorized signer although on the date of these obligations that	586
individual is not an authorized signer. In case the individual	587
whose signature or facsimile signature appears on any obligation	588
ceases to be an authorized signer before delivery of the	589
obligation, that signature or facsimile is nevertheless valid and	590
sufficient for all purposes as if that individual had remained the	591
authorized signer until delivery.	592

(G) Obligations are investment securities under Chapter 1308.	593
of the Revised Code. Obligations may be issued in bearer or in	594
registered form, registrable as to principal alone or as to both	595
principal and interest, or both, or in certificated or	596
uncertificated form, as the issuing authority determines.	597
Provision may be made for the exchange, conversion, or transfer of	598
obligations and for reasonable charges for registration, exchange,	599
conversion, and transfer. Pending preparation of final	600
obligations, the issuing authority may provide for the issuance of	601
interim instruments to be exchanged for the final obligations.	602

(H) Obligations may be sold at public sale or at private	603
sale, in such manner, and at such price at, above or below par,	604
all as determined by and provided by the issuing authority in the	605
bond proceedings.	606

(I) Except to the extent that rights are restricted by the	607
bond proceedings, any owner of obligations or provider of a credit	608
enhancement facility may by any suitable form of legal proceedings	609
protect and enforce any rights relating to obligations or that	610
facility under the laws of this state or granted by the bond	611
proceedings. Those rights include the right to compel the	612
performance of all applicable duties of the issuing authority and	613
the state. Each duty of the issuing authority and that authority's	614
officers, staff, and employees, and of each state entity or	615
agency, or using district or using institution, and its officers,	616
members, staff, or employees, undertaken pursuant to the bond	617
proceedings, is hereby established as a duty of the entity or	618
individual having authority to perform that duty, specifically	619
enjoined by law and resulting from an office, trust, or station	620
within the meaning of section 2731.01 of the Revised Code. The	621
individuals who are from time to time the issuing authority,	622
members or officers of the issuing authority, or those members'	623
designees acting pursuant to section 151.02 of the Revised Code,	624
or the issuing authority's officers, staff, or employees, are not	625
liable in their personal capacities on any obligations or	626
otherwise under the bond proceedings.	627

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15,	628
and Section 17, of Article VIII, Ohio Constitution and sections	629
151.01 to 151.11 or 151.40 of the Revised Code, the issuing	630
authority may, in addition to the authority referred to in	631
division (B) of this section, authorize and provide for the	632
issuance of:	633

(a) Obligations in the form of bond anticipation notes, and	634
may provide for the renewal of those notes from time to time by	635
the issuance of new notes. The holders of notes or appertaining	636
interest coupons have the right to have debt service on those	637
notes paid solely from the moneys and special funds that are or	638
may be pledged to that payment, including the proceeds of bonds or	639
renewal notes or both, as the issuing authority provides in the	640
bond proceedings authorizing the notes. Notes may be additionally	641
secured by covenants of the issuing authority to the effect that	642
the issuing authority and the state will do all things necessary	643
for the issuance of bonds or renewal notes in such principal	644
amount and upon such terms as may be necessary to provide moneys	645
to pay when due the debt service on the notes, and apply their	646
proceeds to the extent necessary, to make full and timely payment	647
of debt service on the notes as provided in the applicable bond	648
proceedings. In the bond proceedings authorizing the issuance of	649
bond anticipation notes the issuing authority shall set forth for	650
the bonds anticipated an estimated schedule of annual principal	651
payments the latest of which shall be no later than provided in	652
division (C) of this section. While the notes are outstanding	653
there shall be deposited, as shall be provided in the bond	654
proceedings for those notes, from the sources authorized for	655
payment of debt service on the bonds, amounts sufficient to pay	656
the principal of the bonds anticipated as set forth in that	657
estimated schedule during the time the notes are outstanding,	658
which amounts shall be used solely to pay the principal of those	659
notes or of the bonds anticipated.	660

(b) Obligations for the refunding, including funding and	661
retirement, and advance refunding with or without payment or	662
redemption prior to maturity, of any obligations previously	663
issued. Refunding obligations may be issued in amounts sufficient	664
to pay or to provide for repayment of the principal amount,	665
including principal amounts maturing prior to the redemption of	666
the remaining prior obligations, any redemption premium, and	667
interest accrued or to accrue to the maturity or redemption date	668
or dates, payable on the prior obligations, and related financing	669
costs and any expenses incurred or to be incurred in connection	670
with that issuance and refunding. Subject to the applicable bond	671
proceedings, the portion of the proceeds of the sale of refunding	672
obligations issued under division (J)(1)(b) of this section to be	673
applied to debt service on the prior obligations shall be credited	674
to an appropriate separate account in the bond service fund and	675
held in trust for the purpose by the issuing authority or by a	676
corporate trustee. Obligations authorized under this division	677
shall be considered to be issued for those purposes for which the	678
prior obligations were issued.	679

(2) Except as otherwise provided in sections 151.01 to 151.11	680
or 151.40 of the Revised Code, bonds or notes authorized pursuant	681
to division (J) of this section are subject to the provisions of	682
those sections pertaining to obligations generally.	683

(3) The principal amount of refunding or renewal obligations	684
issued pursuant to division (J) of this section shall be in	685
addition to the amount authorized by the general assembly as	686
referred to in division (B) of the following sections: section	687
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, 151.10,	688
151.11, or 151.40 of the Revised Code.	689

(K) Obligations are lawful investments for banks, savings and	690
loan associations, credit union share guaranty corporations, trust	691
companies, trustees, fiduciaries, insurance companies, including	692
domestic for life and domestic not for life, trustees or other	693
officers having charge of sinking and bond retirement or other	694
special funds of the state and political subdivisions and taxing	695
districts of this state, the sinking fund, the administrator of	696
workers' compensation subject to the approval of the workers'	697
compensation board, the state teachers retirement system, the	698
public employees retirement system, the school employees	699
retirement system, and the Ohio police and fire pension fund,	700
notwithstanding any other provisions of the Revised Code or rules	701
adopted pursuant to those provisions by any state agency with	702
respect to investments by them, and are also acceptable as	703
security for the repayment of the deposit of public moneys. The	704
exemptions from taxation in Ohio as provided for in particular	705
sections of the Ohio Constitution and section 5709.76 of the	706
Revised Code apply to the obligations.	707

(L)(1) Unless otherwise provided or provided for in any	708
applicable bond proceedings, moneys to the credit of or in a	709
special fund shall be disbursed on the order of the issuing	710
authority. No such order is required for the payment, from the	711
bond service fund or other special fund, when due of debt service	712
or required payments under credit enhancement facilities.	713

(2) Payments received by the state under interest rate hedges	714
entered into as credit enhancement facilities under this chapter	715
shall be deposited to the credit of the bond service fund for the	716
obligations to which those credit enhancement facilities relate.	717

(M) The full faith and credit, revenue, and taxing power of	718
the state are and shall be pledged to the timely payment of debt	719
service on outstanding obligations as it comes due, all in	720
accordance with Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of	721
Article VIII, Ohio Constitution, and section 151.03, 151.04,	722
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, or 151.11 of the	723
Revised Code. Moneys referred to in Section 5a of Article XII,	724
Ohio Constitution, may not be pledged or used for the payment of	725
debt service except on obligations referred to in section 151.06	726
of the Revised Code. Net state lottery proceeds, as provided for	727
and referred to in section 3770.06 of the Revised Code, may not be	728
pledged or used for the payment of debt service except on	729
obligations referred to in section 151.03 of the Revised Code. The	730
state covenants, and that covenant shall be controlling	731
notwithstanding any other provision of law, that the state and the	732
applicable officers and agencies of the state, including the	733
general assembly, shall, so long as any obligations are	734
outstanding in accordance with their terms, maintain statutory	735
authority for and cause to be levied, collected and applied	736
sufficient pledged excises, taxes, and revenues of the state so	737
that the revenues shall be sufficient in amounts to pay debt	738
service when due, to establish and maintain any reserves and other	739
requirements, and to pay financing costs, including costs of or	740
relating to credit enhancement facilities, all as provided for in	741
the bond proceedings. Those excises, taxes, and revenues are and	742
shall be deemed to be levied and collected, in addition to the	743
purposes otherwise provided for by law, to provide for the payment	744
of debt service and financing costs in accordance with sections	745
151.01 to 151.11 of the Revised Code and the bond proceedings.	746

(N) The general assembly may from time to time repeal or	747
reduce any excise, tax, or other source of revenue pledged to the	748
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	749
2o, 2p, 2q, or 15 of Article VIII, Ohio Constitution, and sections	750
151.01 to 151.11 or 151.40 of the Revised Code, and may levy,	751
collect and apply any new or increased excise, tax, or revenue to	752
meet the pledge, to the payment of debt service on outstanding	753
obligations, of the state's full faith and credit, revenue and	754
taxing power, or of designated revenues and receipts, except fees,	755
excises or taxes referred to in Section 5a of Article XII, Ohio	756
Constitution, for other than obligations referred to in section	757
151.06 of the Revised Code and except net state lottery proceeds	758
for other than obligations referred to in section 151.03 of the	759
Revised Code. Nothing in division (N) of this section authorizes	760
any impairment of the obligation of this state to levy and collect	761
sufficient excises, taxes, and revenues to pay debt service on	762
obligations outstanding in accordance with their terms.	763

(O) Each bond service fund is a trust fund and is hereby	764
pledged to the payment of debt service on the applicable	765
obligations. Payment of that debt service shall be made or	766
provided for by the issuing authority in accordance with the bond	767
proceedings without necessity for any act of appropriation. The	768
bond proceedings may provide for the establishment of separate	769
accounts in the bond service fund and for the application of those	770
accounts only to debt service on specific obligations, and for	771
other accounts in the bond service fund within the general	772
purposes of that fund.	773

(P) Subject to the bond proceedings pertaining to any	774
obligations then outstanding in accordance with their terms, the	775
issuing authority may in the bond proceedings pledge all, or such	776
portion as the issuing authority determines, of the moneys in the	777
bond service fund to the payment of debt service on particular	778
obligations, and for the establishment and maintenance of any	779
reserves for payment of particular debt service.	780

(Q) The issuing authority shall by the fifteenth day of July	781
of each fiscal year, certify or cause to be certified to the	782
office of budget and management the total amount of moneys	783
required during the current fiscal year to meet in full all debt	784
service on the respective obligations and any related financing	785
costs payable from the applicable bond service fund and not from	786
the proceeds of refunding or renewal obligations. The issuing	787
authority shall make or cause to be made supplemental	788
certifications to the office of budget and management for each	789
debt service payment date and at such other times during each	790
fiscal year as may be provided in the bond proceedings or	791
requested by that office. Debt service, costs of credit	792
enhancement facilities, and other financing costs shall be set	793
forth separately in each certification. If and so long as the	794
moneys to the credit of the bond service fund, together with any	795
other moneys available for the purpose, are insufficient to meet	796
in full all payments when due of the amount required as stated in	797
the certificate or otherwise, the office of budget and management	798
shall at the times as provided in the bond proceedings, and	799
consistent with any particular provisions in sections 151.03 to	800
151.11 and 151.40 of the Revised Code, transfer a sufficient	801
amount to the bond service fund from the pledged revenues in the	802
case of obligations issued pursuant to section 151.40 of the	803
Revised Code, and in the case of other obligations from the	804
revenues derived from excises, taxes, and other revenues,	805
including net state lottery proceeds in the case of obligations	806
referred to in section 151.03 of the Revised Code.	807

(R) Unless otherwise provided in any applicable bond	808
proceedings, moneys to the credit of special funds may be invested	809
by or on behalf of the state only in one or more of the following:	810

(1) Notes, bonds, or other direct obligations of the United	811
States or of any agency or instrumentality of the United States,	812
or in no-front-end-load money market mutual funds consisting	813
exclusively of those obligations, or in repurchase agreements,	814
including those issued by any fiduciary, secured by those	815
obligations, or in collective investment funds consisting	816
exclusively of those obligations;	817

(2) Obligations of this state or any political subdivision of	818
this state;	819

(3) Certificates of deposit of any national bank located in	820
this state and any bank, as defined in section 1101.01 of the	821
Revised Code, subject to inspection by the superintendent of	822
financial institutions;	823

(4) The treasurer of state's pooled investment program under	824
section 135.45 of the Revised Code.	825

The income from investments referred to in division (R) of	826
this section shall, unless otherwise provided in sections 151.01	827
to 151.11 or 151.40 of the Revised Code, be credited to special	828
funds or otherwise as the issuing authority determines in the bond	829
proceedings. Those investments may be sold or exchanged at times	830
as the issuing authority determines, provides for, or authorizes.	831

(S) The treasurer of state shall have responsibility for	832
keeping records, making reports, and making payments, relating to	833
any arbitrage rebate requirements under the applicable bond	834
proceedings.	835

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

836

(1) "Costs of conservation projects" includes related direct	837
administrative expenses and allocable portions of the direct costs	838
of those projects of the department of agriculture, the department	839
of natural resources, or the Ohio public works commission.	840

(2) "Obligations" means obligations as defined in section	841
151.01 of the Revised Code issued to pay costs of projects for	842
conservation purposes as referred to in division (A)(1) of Section	843
2o of Article VIII, Ohio Constitution and division (A)(1) of	844
Section 2q of Article VIII, Ohio Constitution.	845

(B)(1) The issuing authority shall issue general obligations	846
of the state to pay costs of conservation projects pursuant to	847
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	848
division (B)(1) of Section 2q of Article VIII, Ohio Constitution,	849
section 151.01 of the Revised Code, and this section. The issuing	850
authority, upon the certification to it by the Ohio public works	851
commission of amounts needed in and for the purposes of the clean	852
Ohio conservation fund created by section 164.27 of the Revised	853
Code, the clean Ohio agricultural easement fund created by section	854
901.21 of the Revised Code, and the clean Ohio trail fund created	855
by section 1519.05 of the Revised Code, shall issue obligations in	856
the amount determined by the issuing authority to be required for	857
those purposes. Not more than ~~two~~four hundred million dollars	858
principal amount of obligations issued under this section for	859
conservation purposes may be outstanding at any one time. Not more	860
than fifty million dollars principal amount of obligations, plus	861
the principal amount of obligations that in any prior fiscal year	862
could have been, but were not issued within the	863
fifty-million-dollar fiscal year limit, may be issued in any	864
fiscal year.	865

(2) In making the certification required under division	866
(B)(1) of this section, the Ohio public works commission shall	867
consult with the department of agriculture and the department of	868
natural resources. The commission shall certify amounts that	869
correspond to the distribution of the net proceeds of obligations	870
provided in division (C) of this section.	871

(C) Net proceeds of obligations shall be deposited as	872
follows:	873

(1) Seventy-five per cent into the clean Ohio conservation	874
fund created by section 164.27 of the Revised Code;	875

(2) Twelve and one-half per cent into the clean Ohio	876
agricultural easement fund created by section 901.21 of the	877
Revised Code;	878

(3) Twelve and one-half per cent into the clean Ohio trail	879
fund created by section 1519.05 of the Revised Code.	880

(D) There is hereby created in the state treasury the	881
conservation projects bond service fund. All moneys received by	882
the state and required by the bond proceedings, consistent with	883
section 151.01 of the Revised Code and this section, to be	884
deposited, transferred, or credited to the bond service fund, and	885
all other moneys transferred or allocated to or received for the	886
purposes of that fund, shall be deposited and credited to the bond	887
service fund, subject to any applicable provisions of the bond	888
proceedings, but without necessity for any act of appropriation.	889
During the period beginning with the date of the first issuance of	890
obligations and continuing during the time that any obligations	891
are outstanding in accordance with their terms, so long as moneys	892
in the bond service fund are insufficient to pay debt service when	893
due on those obligations payable from that fund, except the	894
principal amounts of bond anticipation notes payable from the	895
proceeds of renewal notes or bonds anticipated, and due in the	896
particular fiscal year, a sufficient amount of revenues of the	897
state is committed and, without necessity for further act of	898
appropriation, shall be paid to the bond service fund for the	899
purpose of paying that debt service when due.	900

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

901

(1) "Bond proceedings" includes any trust agreements, and any	902
amendments or supplements to them, as authorized by this section.	903

(2) "Costs of revitalization projects" includes related	904
direct administrative expenses and allocable portions of the	905
direct costs of those projects of the department of development or	906
the environmental protection agency.	907

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

908

(4) "Obligations" means obligations as defined in section	909
151.01 of the Revised Code issued to pay the costs of projects for	910
revitalization purposes as referred to in division (A)(2) of	911
Section 2o of Article VIII, Ohio Constitution and division (A)(2)	912
of Section 2q of Article VIII, Ohio Constitution.	913

(5) "Pledged liquor profits" means all receipts of the state	914
representing the gross profit on the sale of spirituous liquor, as	915
referred to in division (B)(4) of section 4301.10 of the Revised	916
Code, after paying all costs and expenses of the division of	917
liquor control and providing an adequate working capital reserve	918
for the division of liquor control as provided in that division,	919
but excluding the sum required by the second paragraph of section	920
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	921
to be paid into the state treasury.	922

(6) "Pledged receipts" means, as and to the extent provided	923
in bond proceedings:	924

(a) Pledged liquor profits. The pledge of pledged liquor	925
profits to obligations is subject to the priority of the pledge of	926
those profits to obligations issued and to be issued pursuant to	927
Chapter 166. of the Revised Code.	928

(b) Moneys accruing to the state from the lease, sale, or	929
other disposition or use of revitalization projects or from the	930
repayment, including any interest, of loans or advances made from	931
net proceeds;	932

933

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

934

(e) Any gifts, grants, donations, or pledges, and receipts	935
therefrom, available for the payment of debt service;	936

(f) Additional or any other specific revenues or receipts	937
lawfully available to be pledged, and pledged, pursuant to further	938
authorization by the general assembly, to the payment of debt	939
service.	940

(B)(1) The issuing authority shall issue obligations of the	941
state to pay costs of revitalization projects pursuant to division	942
(B)(2) of Section 2o of Article VIII, Ohio Constitution, division	943
(B)(2) of Section 2q of Article VIII, Ohio Constitution, section	944
151.01 of the Revised Code as applicable to this section, and this	945
section. The issuing authority, upon the certification to it by	946
the clean Ohio council of the amount of moneys needed in and for	947
the purposes of the clean Ohio revitalization fund created by	948
section 122.658 of the Revised Code, shall issue obligations in	949
the amount determined by the issuing authority to be required for	950
those purposes. Not more than ~~two~~four hundred million dollars	951
principal amount of obligations issued under this section for	952
revitalization purposes may be outstanding at any one time. Not	953
more than fifty million dollars principal amount of obligations,	954
plus the principal amount of obligations that in any prior fiscal	955
year could have been, but were not issued within the	956
fifty-million-dollar fiscal year limit, may be issued in any	957
fiscal year.	958

(2) The provisions and authorizations in section 151.01 of	959
the Revised Code apply to the obligations and the bond proceedings	960
except as otherwise provided or provided for in those obligations	961
and bond proceedings.	962

(C) Net proceeds of obligations shall be deposited in the	963
clean Ohio revitalization fund created in section 122.658 of the	964
Revised Code.	965

(D) There is hereby created the revitalization projects bond	966
service fund, which shall be in the custody of the treasurer of	967
state, but shall be separate and apart from and not a part of the	968
state treasury. All money received by the state and required by	969
the bond proceedings, consistent with section 151.01 of the	970
Revised Code and this section, to be deposited, transferred, or	971
credited to the bond service fund, and all other money transferred	972
or allocated to or received for the purposes of that fund, shall	973
be deposited and credited to the bond service fund, subject to any	974
applicable provisions of the bond proceedings, but without	975
necessity for any act of appropriation. During the period	976
beginning with the date of the first issuance of obligations and	977
continuing during the time that any obligations are outstanding in	978
accordance with their terms, so long as moneys in the bond service	979
fund are insufficient to pay debt service when due on those	980
obligations payable from that fund, except the principal amounts	981
of bond anticipation notes payable from the proceeds of renewal	982
notes or bonds anticipated, and due in the particular fiscal year,	983
a sufficient amount of pledged receipts is committed and, without	984
necessity for further act of appropriation, shall be paid to the	985
bond service fund for the purpose of paying that debt service when	986
due.	987

(E) The issuing authority may pledge all, or such portion as	988
the issuing authority determines, of the pledged receipts to the	989
payment of the debt service charges on obligations issued under	990
this section, and for the establishment and maintenance of any	991
reserves, as provided in the bond proceedings, and make other	992
provisions in the bond proceedings with respect to pledged	993
receipts as authorized by this section, which provisions are	994
controlling notwithstanding any other provisions of law pertaining	995
to them.	996

(F) The issuing authority may covenant in the bond	997
proceedings, and such covenants shall be controlling	998
notwithstanding any other provision of law, that the state and	999
applicable officers and state agencies, including the general	1000
assembly, so long as any obligations issued under this section are	1001
outstanding, shall maintain statutory authority for and cause to	1002
be charged and collected wholesale or retail prices for spirituous	1003
liquor sold by the state or its agents so that the available	1004
pledged receipts are sufficient in time and amount to meet debt	1005
service payable from pledged liquor profits and for the	1006
establishment and maintenance of any reserves and other	1007
requirements provided for in the bond proceedings.	1008

(G) Obligations may be further secured, as determined by the	1009
issuing authority, by a trust agreement between the state and a	1010
corporate trustee, which may be any trust company or bank having a	1011
place of business within the state. Any trust agreement may	1012
contain the resolution or order authorizing the issuance of the	1013
obligations, any provisions that may be contained in any bond	1014
proceedings, and other provisions that are customary or	1015
appropriate in an agreement of that type, including, but not	1016
limited to:	1017

(1) Maintenance of each pledge, trust agreement, or other	1018
instrument comprising part of the bond proceedings until the state	1019
has fully paid or provided for the payment of debt service on the	1020
obligations secured by it;	1021

(2) In the event of default in any payments required to be	1022
made by the bond proceedings, enforcement of those payments or	1023
agreements by mandamus, the appointment of a receiver, suit in	1024
equity, action at law, or any combination of them;	1025

(3) The rights and remedies of the holders or owners of	1026
obligations and of the trustee and provisions for protecting and	1027
enforcing them, including limitations on rights of individual	1028
holders and owners.	1029

(H) The obligations shall not be general obligations of the	1030
state and the full faith and credit, revenue, and taxing power of	1031
the state shall not be pledged to the payment of debt service on	1032
them. The holders or owners of the obligations shall have no right	1033
to have any moneys obligated or pledged for the payment of debt	1034
service except as provided in this section and in the applicable	1035
bond proceedings. The rights of the holders and owners to payment	1036
of debt service are limited to all or that portion of the pledged	1037
receipts, and those special funds, pledged to the payment of debt	1038
service pursuant to the bond proceedings in accordance with this	1039
section, and each obligation shall bear on its face a statement to	1040
that effect.	1041

Sec. 955.201. (A) As used in this section and in section	1042
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	1043
corporation organized by that name under Chapter 1702. of the	1044
Revised Code that consists of humane societies, veterinarians,	1045
animal shelters, companion animal breeders, dog wardens, and	1046
similar individuals and entities.	1047

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

1048

(1) Establish eligibility criteria for organizations that may	1049
receive financial assistance from the ~~pets program funding board~~	1050
~~created in section 955.202 of the Revised Code~~Ohio pet fund.	1051
Those organizations may include any of the following:	1052

(a) An animal shelter as defined in section 4729.01 of the	1053
Revised Code;	1054

(b) A local nonprofit veterinary association that operates a	1055
program for the sterilization of dogs and cats;	1056

(c) A charitable organization that is exempt from federal	1057
income taxation under subsection 501(c)(3) of the Internal Revenue	1058
Code and the primary purpose of which is to support programs for	1059
the sterilization of dogs and cats and educational programs	1060
concerning the proper veterinary care of those animals.	1061

(2) Establish procedures for applying for financial	1062
assistance from the ~~pets program funding board~~Ohio pet fund.	1063
Application procedures shall require eligible organizations to	1064
submit detailed proposals that outline the intended uses of the	1065
moneys sought.	1066

(3) Establish eligibility criteria for sterilization and	1067
educational programs for which moneys from the ~~pets program~~	1068
~~funding board~~Ohio pet fund may be used and, consistent with	1069
division (C) of this section, establish eligibility criteria for	1070
individuals who seek sterilization for their dogs and cats from	1071
eligible organizations;	1072

(4) Establish procedures for the disbursement of moneys the	1073
~~pets program funding board~~Ohio pet fund receives from license	1074
plate contributions pursuant to division (C) of section 4503.551	1075
of the Revised Code;	1076

(5) Advertise or otherwise provide notification of the	1077
availability of financial assistance from the ~~pets program funding~~	1078
~~board~~Ohio pet fund for eligible organizations;	1079

(6) Design markings to be inscribed on "pets" license plates	1080
under section 4503.551 of the Revised Code.	1081

(C)(1) The owner of a dog or cat is eligible for dog or cat	1082
sterilization services from an eligible organization when those	1083
services are subsidized in whole or in part by money from the ~~pets~~	1084
~~program funding board~~Ohio pet fund if any of the following	1085
applies:	1086

(a) The income of the owner's family does not exceed one	1087
hundred fifty per cent of the federal poverty guideline.	1088

(b) The owner, or any member of the owner's family who	1089
resides with the owner, is a recipient or beneficiary of one of	1090
the following government assistance programs:	1091

(i) Low-income housing assistance under the "United States	1092
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	1093
federal section 8 housing program;	1094

(ii) The Ohio works first program established by Chapter	1095
5107. of the Revised Code;	1096

(iii) Title XIX of the "Social Security Act," 49 Stat. 620	1097
(1935), 42 U.S.C.A. 301, as amended, known as the medical	1098
assistance program or medicaid, provided by the department of job	1099
and family services under Chapter 5111. of the Revised Code;	1100

(iv) A program or law administered by the United States	1101
department of veterans' affairs or veterans' administration for	1102
any service-connected disability;	1103

(v) The food stamp program established under the "Food Stamp	1104
Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended,	1105
administered by the department of job and family services under	1106
section 5101.54 of the Revised Code;	1107

(vi) The "special supplemental nutrition program for women,	1108
infants, and children" established under the "Child Nutrition Act	1109
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	1110
by the department of health under section 3701.132 of the Revised	1111
Code;	1112

(vii) Supplemental security income under Title XVI of the	1113
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	1114
amended;	1115

(viii) Social security disability insurance benefits provided	1116
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	1117
42 U.S.C.A. 401, as amended.	1118

(c) The owner of the dog or cat submits to the eligible	1119
organization operating the sterilization program either of the	1120
following:	1121

(i) A certificate of adoption showing that the dog or cat was	1122
adopted from a licensed animal shelter, a municipal, county, or	1123
regional pound, or a holding and impoundment facility that	1124
contracts with a municipal corporation;	1125

(ii) A certificate of adoption showing that the dog or cat	1126
was adopted through a nonprofit corporation operating an animal	1127
adoption referral service whose holding facility, if any, is	1128
licensed in accordance with state law or a municipal ordinance.	1129

(2) The Ohio pet fund shall determine the type of documentary	1130
evidence that must be presented by the owner of a dog or cat to	1131
show that the income of the owner's family does not exceed one	1132
hundred fifty per cent of the federal poverty guideline or that	1133
the owner is eligible under division (C)(1)(b) of this section.	1134

(D) As used in division (C) of this section, "federal poverty	1135
guideline" means the official poverty guideline as revised	1136
annually by the United States department of health and human	1137
services in accordance with section 673(2) of the "Omnibus Budget	1138
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	1139
amended, for a family size equal to the size of the family of the	1140
person whose income is being determined.	1141

Sec. 1519.20. The director of natural resources may create	1142
an Ohio all-purpose vehicle advisory board for the purposes of	1143
providing advice and receiving input regarding all-purpose vehicle	1144
trails and trail maintenance.	1145

Sec. 1548.10. (A) The clerk of the court of common pleas	1146
shall charge ~~a fee of five~~and retain fees as follows:	1147

(1) Fifteen dollars for ~~each memorandum certificate of title,~~	1148
~~each non-negotiable evidence of ownership, and~~ each duplicate copy	1149
of a certificate of title. The ~~fees shall be retained by the~~ clerk	1150
shall retain that entire fee.	1151

~~In addition to those fees, the clerk shall charge a fee of~~	1152
~~five~~	1153

(2) Fifteen dollars for each certificate of title ~~and for~~	1154
~~each~~, which shall include any notation or indication of any lien	1155
or security interest on a certificate of title and any memorandum	1156
certificate of title or non-negotiable evidence of ownership	1157
requested at the time the certificate of title is issued. The	1158
clerk shall retain ~~two~~ten dollars and fifty cents of ~~the~~that fee	1159
~~charged for each certificate of title, and three dollars and fifty~~	1160
~~cents of the fee charged for each notation or indication of any~~	1161
~~lien or security interest~~.	1162

(3) Five dollars for each certificate of title with no	1163
security interest noted that is issued to a licensed watercraft	1164
dealer for resale purposes. The clerk shall retain two dollars of	1165
that fee.	1166

(4) Five dollars for each memorandum certificate of title or	1167
non-negotiable evidence of ownership that is applied for	1168
separately. The clerk shall retain that entire fee.	1169

(B) The ~~remaining~~ fees charged for a certificate of title and	1170
the notation or indication of any lien or security interest on a	1171
certificate of title that are not retained by the clerk shall be	1172
paid to the chief of the division of watercraft by monthly	1173
returns, which shall be forwarded to the chief not later than the	1174
fifth day of the month next succeeding that in which the	1175
certificate is forwarded, or that in which the chief is notified	1176
of a lien or security interest or cancellation of a lien or	1177
security interest.	1178

The chief shall deposit one dollar of the amount the chief	1179
receives for each certificate of title in the automated title	1180
processing fund created in section 4505.09 of the Revised Code.	1181
Moneys deposited in that fund under this section shall be used for	1182
the purpose specified in division (B)(3)(b) of that section.	1183

Sec. 1548.14. (A) The chief of the division of watercraft,	1184
upon the application of any person and payment of the proper ~~fees~~	1185
fee, may prepare and furnish title information in such form and	1186
subject to such territorial division or other classification as he	1187
the chief may direct. The chief may search the records of the	1188
division of watercraft and ~~make~~furnish reports ~~thereof, and make~~	1189
~~photographic copies~~ of ~~the division~~those records ~~and attestations~~	1190
~~thereof~~under the signature of the chief. In addition, the	1191
registrar of motor vehicles and the clerk of the court of common	1192
pleas, upon the application of any person and payment of the	1193
proper fee, may prepare and furnish title information in such form	1194
and subject to such territorial division or other classification	1195
as the registrar or clerk may direct. The registrar and the clerk	1196
may search the records of the bureau of motor vehicles of	1197
certificates of title issued under this chapter and issue reports	1198
of those records under the signature of the registrar or clerk, as	1199
the case may be.	1200

~~Fees therefor~~(B) A fee of two dollars shall be charged and	1201
collected ~~as follows:~~	1202

~~(A) For searches~~for each report of a search of the records	1203
~~and reports thereof, two dollars for each name, number, or fact~~	1204
~~reported on;~~	1205

~~(B) For photographic copies of records and attestations~~	1206
~~thereof,~~furnished under the signature of the chief, ~~two dollars~~	1207
~~per copy~~the registrar, or the clerk, except that on and after	1208
October 1, 2009, the fee shall be eight dollars per copy. A copy	1209
of any such report	1210

~~Such copies~~ shall be taken as prima-facie evidence of the	1211
facts therein stated in any court of the state. The chief, the	1212
registrar, and the clerk ~~of the court of common pleas~~ shall	1213
furnish information on any title without charge to state highway	1214
patrol troopers, sheriffs, or chiefs of police.	1215

(C)(1) Fees collected as provided in this section prior to	1216
October 1, 2009, shall be received by the chief, the registrar, or	1217
the clerk, as the case may be. The chief shall pay all such fees	1218
into the state treasury to the credit of the waterways safety fund	1219
established under section 1547.75 of the Revised Code after	1220
complying with section 1548.22 of the Revised Code, the registrar	1221
shall pay all such fees into the state treasury to the credit of	1222
the state bureau of motor vehicles fund established in section	1223
4501.25 of the Revised Code, and the clerk of the court of common	1224
pleas shall deposit all such fees into the certificate of title	1225
administration fund created by section 325.33 of the Revised	1226
Code.	1227

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

1228

(a) Of the eight-dollar fee the chief collects under this	1229
section, the chief shall deposit two dollars into the state	1230
treasury to the credit of the waterways safety fund established	1231
under section 1547.75 of the Revised Code after complying with	1232
section 1548.22 of the Revised Code, one dollar and twenty-five	1233
cents into the state treasury to the credit of the trauma and	1234
emergency medical services fund established in section 4513.263	1235
of the Revised Code, one dollar and twenty-five cents into the	1236
state treasury to the credit of the homeland security fund	1237
established under section 5502.03 of the Revised Code,	1238
seventy-five cents into the state treasury to the credit of the	1239
investigations fund established in section 5502.131 of the Revised	1240
Code, two dollars and twenty-five cents into the state treasury to	1241
the credit of the emergency management agency service and	1242
reimbursement fund established in section 5502.39 of the Revised	1243
Code, and fifty cents into the state treasury to the credit of the	1244
justice program services fund established in section 5502.67 of	1245
the Revised Code.	1246

(b) The registrar shall deposit two dollars of each fee the	1247
registrar collects under this section into the state treasury to	1248
the credit of the state bureau of motor vehicles fund established	1249
in section 4501.25 of the Revised Code. Of the remaining six	1250
dollars of each such fee the registrar collects, the registrar	1251
shall deposit one dollar and twenty-five cents into the state	1252
treasury to the credit of the trauma and emergency medical	1253
services fund established in section 4513.263 of the Revised Code,	1254
one dollar and twenty-five cents into the state treasury to the	1255
credit of the homeland security fund established under section	1256
5502.03 of the Revised Code, seventy-five cents into the state	1257
treasury to the credit of the investigations fund established in	1258
section 5502.131 of the Revised Code, two dollars and twenty-five	1259
cents into the state treasury to the credit of the emergency	1260
management agency service and reimbursement fund established in	1261
section 5502.39 of the Revised Code, and fifty cents into the	1262
state treasury to the credit of the justice program services fund	1263
established in section 5502.67 of the Revised Code.	1264

(c) The clerk of the court of common pleas shall deposit two	1265
dollars of each fee the clerk collects under this section into the	1266
certificate of title administration fund created by section 325.33	1267
of the Revised Code. The clerk shall forward the remaining six	1268
dollars to the registrar not later than the fifth day of the month	1269
next succeeding that in which the transaction occurred. Of that	1270
remaining six dollars, the registrar shall deposit one dollar and	1271
twenty-five cents into the state treasury to the credit of the	1272
trauma and emergency medical services fund established in section	1273
4513.263 of the Revised Code, one dollar and twenty-five cents	1274
into the state treasury to the credit of the homeland security	1275
fund established under section 5502.03 of the Revised Code,	1276
seventy-five cents into the state treasury to the credit of the	1277
investigations fund established in section 5502.131 of the Revised	1278
Code, two dollars and twenty-five cents into the state treasury to	1279
the credit of the emergency management agency service and	1280
reimbursement fund established in section 5502.39 of the Revised	1281
Code, and fifty cents into the state treasury to the credit of the	1282
justice program services fund established in section 5502.67 of	1283
the Revised Code.	1284

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

1285

(1) "Group contract" means a group health insuring	1286
corporation contract covering employees that meets either of the	1287
following conditions:	1288

(a) The contract was issued by an entity that, on June 4,	1289
1997, holds a certificate of authority or license to operate	1290
under Chapter 1738. or 1742. of the Revised Code, and covers an	1291
employee at the time the employee's employment is terminated.	1292

(b) The contract is delivered, issued for delivery, or	1293
renewed in this state after June 4, 1997, and covers an employee	1294
at the time the employee's employment is terminated.	1295

(2) "Eligible employee" means an employee to whom all of the	1296
following apply:	1297

(a) The employee has been continuously covered under a group	1298
contract or under the contract and any prior similar group	1299
coverage replaced by the contract, during the entire three-month	1300
period preceding the termination of the employee's employment.	1301

(b) ~~The employee is entitled, at the time of the termination~~	1302
~~of this employment, to unemployment compensation benefits under~~	1303
~~Chapter 4141. of the Revised Code~~The employee's termination of	1304
employment is not a result of any gross misconduct on the part of	1305
the employee.	1306

(c) The employee is not, and does not become, covered by or	1307
eligible for coverage by medicare.	1308

(d) The employee is not, and does not become, covered by or	1309
eligible for coverage by any other insured or uninsured	1310
arrangement that provides hospital, surgical, or medical coverage	1311
for individuals in a group and under which the employee was not	1312
covered immediately prior to the termination of employment. A	1313
person eligible for continuation of coverage under this section,	1314
who is also eligible for coverage under section 3923.123 of the	1315
Revised Code, may elect either coverage, but not both. A person	1316
who elects continuation of coverage may elect any coverage	1317
available under section 3923.123 of the Revised Code upon the	1318
termination of the continuation of coverage.	1319

(3) "Termination of employment" includes both voluntary and	1320
involuntary termination of employment.	1321

(B) A group contract shall provide that any eligible employee	1322
may continue the coverage under the contract, for the employee and	1323
the employee's eligible dependents, for a period of ~~six~~twelve	1324
months after the date that the group coverage would otherwise	1325
terminate by reason of the termination of the employee's	1326
employment. Each certificate of coverage issued to employees	1327
under the contract shall include a notice of the employee's	1328
privilege of continuation.	1329

(C) All of the following apply to the continuation of group	1330
coverage required under division (B) of this section:	1331

(1) Continuation need not include any supplemental health	1332
care services benefits or specialty health care services benefits	1333
provided by the group contract.	1334

(2) The employer shall notify the employee of the right of	1335
continuation at the time the employer notifies the employee of the	1336
termination of employment. The notice shall inform the employee of	1337
the amount of contribution required by the employer under division	1338
(C)(4) of this section.	1339

(3) The employee shall file a written election of	1340
continuation with the employer and pay the employer the first	1341
contribution required under division (C)(4) of this section. The	1342
request and payment must be received by the employer no later than	1343
the earlier of any of the following dates:	1344

(a) Thirty-one days after the date on which the employee's	1345
coverage would otherwise terminate;	1346

(b) Ten days after the date on which the employee's coverage	1347
would otherwise terminate, if the employer has notified the	1348
employee of the right of continuation prior to this date;	1349

(c) Ten days after the employer notifies the employee of the	1350
right of continuation, if the notice is given after the date on	1351
which the employee's coverage would otherwise terminate.	1352

(4) The employee must pay to the employer, on a monthly	1353
basis, in advance, the amount of contribution required by the	1354
employer. The amount required shall not exceed the group rate for	1355
the insurance being continued under the policy on the due date of	1356
each payment.	1357

(5) The employee's privilege to continue coverage and the	1358
coverage under any continuation ceases if any of the following	1359
occurs:	1360

(a) The employee ceases to be an eligible employee under	1361
division (A)(2)(c) or (d) of this section;	1362

(b) A period of ~~six~~twelve months expires after the date that	1363
the employee's coverage under the group contract would otherwise	1364
have terminated because of the termination of employment;	1365

(c) The employee fails to make a timely payment of a required	1366
contribution, in which event the coverage shall cease at the end	1367
of the coverage for which contributions were made;	1368

(d) The group contract is terminated, or the employer	1369
terminates participation under the contract, unless the employer	1370
replaces the coverage by similar coverage under another contract	1371
or other group health arrangement. If the employer replaces the	1372
contract with similar group health coverage, all of the following	1373
apply:	1374

(i) The member shall be covered under the replacement	1375
coverage, for the balance of the period that the member would have	1376
remained covered under the terminated coverage if it had not been	1377
terminated.	1378

(ii) The minimum level of benefits under the replacement	1379
coverage shall be the applicable level of benefits of the contract	1380
replaced reduced by any benefits payable under the contract	1381
replaced.	1382

(iii) The contract replaced shall continue to provide	1383
benefits to the extent of its accrued liabilities and extensions	1384
of benefits as if the replacement had not occurred.	1385

(D) This section does not apply to any group contract	1386
offering only supplemental health care services or specialty	1387
health care services.	1388

Sec. 2911.21. (A) No person, without privilege to do so,	1389
shall do any of the following:	1390

(1) Knowingly enter or remain on the land or premises of	1391
another;	1392

(2) Knowingly enter or remain on the land or premises of	1393
another, the use of which is lawfully restricted to certain	1394
persons, purposes, modes, or hours, when the offender knows the	1395
offender is in violation of any such restriction or is reckless in	1396
that regard;	1397

(3) Recklessly enter or remain on the land or premises of	1398
another, as to which notice against unauthorized access or	1399
presence is given by actual communication to the offender, or in a	1400
manner prescribed by law, or by posting in a manner reasonably	1401
calculated to come to the attention of potential intruders, or by	1402
fencing or other enclosure manifestly designed to restrict access;	1403

(4) Being on the land or premises of another, negligently	1404
fail or refuse to leave upon being notified by signage posted in a	1405
conspicuous place or otherwise being notified to do so by the	1406
owner or occupant, or the agent or servant of either.	1407

(B) It is no defense to a charge under this section that the	1408
land or premises involved was owned, controlled, or in custody of	1409
a public agency.	1410

(C) It is no defense to a charge under this section that the	1411
offender was authorized to enter or remain on the land or premises	1412
involved, when such authorization was secured by deception.	1413

(D)(1) Whoever violates this section is guilty of criminal	1414
trespass, a misdemeanor of the fourth degree.	1415

~~(E)~~(2) Notwithstanding section 2929.28 of the Revised Code,	1416
if the person, in committing the violation of this section, used	1417
an all-purpose vehicle, the court shall impose a fine of two times	1418
the usual amount imposed for the violation.	1419

(3) If an offender previously has been convicted of or	1420
pleaded guilty to two or more violations of this section or a	1421
substantially equivalent municipal ordinance, and the offender, in	1422
committing each violation, used an all-purpose vehicle, the court,	1423
in addition to or independent of all other penalties imposed for	1424
the violation, may impound the certificate of registration and	1425
license plate of that all-purpose vehicle for not less than sixty	1426
days. In such a case, section 4519.47 of the Revised Code applies.	1427

(E) Notwithstanding any provision of the Revised Code, if the	1428
offender, in committing the violation of this section, used an	1429
all-purpose vehicle, the clerk of the court shall pay the fine	1430
imposed pursuant to this section to the state recreational vehicle	1431
fund created by section 4519.11 of the Revised Code.	1432

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

1433

(1) "All-purpose vehicle" has the same meaning as in section	1434
4519.01 of the Revised Code.	1435

(2) "Land or premises" includes any land, building,	1436
structure, or place belonging to, controlled by, or in custody of	1437
another, and any separate enclosure or room, or portion thereof.	1438

Sec. 2949.094. (A) The court in which any person is	1439
convicted of or pleads guilty to any moving violation shall	1440
impose an additional court cost of ten dollars upon the offender.	1441
The court shall not waive the payment of the ten dollars unless	1442
the court determines that the offender is indigent and waives the	1443
payment of all court costs imposed upon the indigent offender.	1444

The clerk of the court shall transmit thirty-five per cent of	1445
all additional court costs collected pursuant to this division	1446
during a month on or before the twenty-third day of the	1447
following month to the ~~division of criminal justice services,~~	1448
~~and the division of criminal justice services shall deposit the~~	1449
~~money so transmitted into~~state treasury of which ninety-seven	1450
per cent shall be credited to the drug law enforcement fund	1451
created under section 5502.68 of the Revised Code and the	1452
remaining three per cent shall be credited to the justice program	1453
services fund created under section 5502.67 of the Revised Code.	1454
The clerk shall transmit fifteen per cent of all additional	1455
court costs so collected during a month on or before the	1456
twenty-third day of the following month to the county or	1457
municipal indigent drivers alcohol treatment fund under the	1458
control of that court, as created by the county or municipal	1459
corporation under division (H) of section 4511.191 of the	1460
Revised Code. The clerk shall transmit fifty per cent of all	1461
additional court costs so collected during a month on or	1462
before the twenty-third day of the following month to the	1463
state treasury to be credited to the indigent defense support	1464
fund created pursuant to section 120.08 of the Revised Code.	1465

(B) The juvenile court in which a child is found to be a	1466
juvenile traffic offender for an act that is a moving violation	1467
shall impose an additional court cost of ten dollars upon the	1468
juvenile traffic offender. The juvenile court shall not waive the	1469
payment of the ten dollars unless the court determines that the	1470
juvenile is indigent and waives the payment of all court costs	1471
imposed upon the indigent offender.	1472

The clerk of the court shall transmit thirty-five per cent of	1473
all additional court costs collected pursuant to this division	1474
during a month on or before the twenty-third day of the	1475
following month to the ~~division of criminal justice services,~~	1476
~~and the division of criminal justice services shall deposit the~~	1477
~~money so transmitted into~~state treasury of which ninety-seven	1478
per cent shall be credited to the drug law enforcement fund	1479
created under section 5502.68 of the Revised Code and the	1480
remaining three per cent shall be credited to the justice program	1481
services fund created under section 5502.67 of the Revised Code.	1482
The clerk shall transmit fifteen per cent of all additional	1483
court costs so collected during a month on or before the	1484
twenty-third day of the following month to the county juvenile	1485
indigent drivers alcohol treatment fund under the control of	1486
that court, as created by the county under division (H) of	1487
section 4511.191 of the Revised Code. The clerk shall transmit	1488
fifty per cent of all additional court costs so collected	1489
during a month on or before the twenty-third day of the	1490
following month to the state treasury to be credited to the	1491
indigent defense support fund created pursuant to section	1492
120.08 of the Revised Code.	1493

(C) Whenever a person is charged with any offense that is a	1494
moving violation and posts bail, the court shall add to the amount	1495
of the bail the ten dollars required to be paid by division (A)	1496
of this section. The clerk of the court shall retain the ten	1497
dollars until the person is convicted, pleads guilty, forfeits	1498
bail, is found not guilty, or has the charges dismissed. If the	1499
person is convicted, pleads guilty, or forfeits bail, the clerk	1500
shall transmit three dollars and fifty cents out of the ten	1501
dollars to the ~~division of criminal justice services, and the~~	1502
~~division of criminal justice services shall deposit the money so~~	1503
~~transmitted into~~state treasury of which ninety-seven per cent	1504
shall be credited to the drug law enforcement fund created under	1505
section 5502.68 of the Revised Code and the remaining three per	1506
cent shall be credited to the justice program services fund	1507
created under section 5502.67 of the Revised Code, the clerk shall	1508
transmit one dollar and fifty cents out of the ten dollars to	1509
the county, municipal, or county juvenile indigent drivers	1510
alcohol treatment fund under the control of that court, as	1511
created by the county or municipal corporation under division	1512
(H) of section 4511.191 of the Revised Code, and the clerk	1513
shall transmit five dollars out of the ten dollars to the	1514
state treasury to be credited to the indigent defense support	1515
fund created under section 120.08 of the Revised Code. If the	1516
person is found not guilty or the charges are dismissed, the	1517
clerk shall return the ten dollars to the person.	1518

(D) No person shall be placed or held in a detention facility	1519
for failing to pay the court cost or bail that is required to be	1520
paid by this section.	1521

(E) As used in this section:

1522

(1) "Bail" and "moving violation" have the same meanings as	1523
in section 2949.093 of the Revised Code.	1524

(2) "Detention facility" has the same meaning as in section	1525
2921.01 of the Revised Code.	1526

(3) "Division of criminal justice services" means the	1527
division of criminal justice services of the department of public	1528
safety, created by section 5502.62 of the Revised Code.	1529

Sec. 3781.10. (A)(1) The board of building standards shall	1530
formulate and adopt rules governing the erection, construction,	1531
repair, alteration, and maintenance of all buildings or classes of	1532
buildings specified in section 3781.06 of the Revised Code,	1533
including land area incidental to those buildings, the	1534
construction of industrialized units, the installation of	1535
equipment, and the standards or requirements for materials used	1536
in connection with those buildings. The board shall incorporate	1537
those rules into separate residential and nonresidential building	1538
codes. The standards shall relate to the conservation of energy	1539
and the safety and sanitation of those buildings.	1540

(2) The rules governing nonresidential buildings are the	1541
lawful minimum requirements specified for those buildings and	1542
industrialized units, except that no rule other than as provided	1543
in division (C) of section 3781.108 of the Revised Code that	1544
specifies a higher requirement than is imposed by any section of	1545
the Revised Code is enforceable. The rules governing residential	1546
buildings are uniform requirements for residential buildings in	1547
any area with a building department certified to enforce the state	1548
residential building code. In no case shall any local code or	1549
regulation differ from the state residential building code unless	1550
that code or regulation addresses subject matter not addressed by	1551
the state residential building code or is adopted pursuant to	1552
section 3781.01 of the Revised Code.	1553

(3) The rules adopted pursuant to this section are complete,	1554
lawful alternatives to any requirements specified for buildings	1555
or industrialized units in any section of the Revised Code. The	1556
board shall, on its own motion or on application made under	1557
sections 3781.12 and 3781.13 of the Revised Code, formulate,	1558
propose, adopt, modify, amend, or repeal the rules to the extent	1559
necessary or desirable to effectuate the purposes of sections	1560
3781.06 to 3781.18 of the Revised Code.	1561

(B) The board shall report to the general assembly proposals	1562
for amendments to existing statutes relating to the purposes	1563
declared in section 3781.06 of the Revised Code that public health	1564
and safety and the development of the arts require and shall	1565
recommend any additional legislation to assist in carrying out	1566
fully, in statutory form, the purposes declared in that section.	1567
The board shall prepare and submit to the general assembly a	1568
summary report of the number, nature, and disposition of the	1569
petitions filed under sections 3781.13 and 3781.14 of the Revised	1570
Code.	1571

(C) On its own motion or on application made under sections	1572
3781.12 and 3781.13 of the Revised Code, and after thorough	1573
testing and evaluation, the board shall determine by rule that any	1574
particular fixture, device, material, process of manufacture,	1575
manufactured unit or component, method of manufacture, system, or	1576
method of construction complies with performance standards adopted	1577
pursuant to section 3781.11 of the Revised Code. The board shall	1578
make its determination with regard to adaptability for safe and	1579
sanitary erection, use, or construction, to that described in any	1580
section of the Revised Code, wherever the use of a fixture,	1581
device, material, method of manufacture, system, or method of	1582
construction described in that section of the Revised Code is	1583
permitted by law. The board shall amend or annul any rule or issue	1584
an authorization for the use of a new material or manufactured	1585
unit on any like application. No department, officer, board, or	1586
commission of the state other than the board of building standards	1587
or the board of building appeals shall permit the use of any	1588
fixture, device, material, method of manufacture, newly designed	1589
product, system, or method of construction at variance with what	1590
is described in any rule the board of building standards adopts or	1591
issues or that is authorized by any section of the Revised Code.	1592
Nothing in this section shall be construed as requiring approval,	1593
by rule, of plans for an industrialized unit that conforms with	1594
the rules the board of building standards adopts pursuant to	1595
section 3781.11 of the Revised Code.	1596

(D) The board shall recommend rules, codes, and standards to	1597
help carry out the purposes of section 3781.06 of the Revised Code	1598
and to help secure uniformity of state administrative rulings and	1599
local legislation and administrative action to the bureau of	1600
workers' compensation, the director of commerce, any other	1601
department, officer, board, or commission of the state, and to	1602
legislative authorities and building departments of counties,	1603
townships, and municipal corporations, and shall recommend that	1604
they audit those recommended rules, codes, and standards by any	1605
appropriate action that they are allowed pursuant to law or the	1606
constitution.	1607

(E)(1) The board shall certify municipal, township, and	1608
county building departments and the personnel of those building	1609
departments, and persons and employees of individuals, firms, or	1610
corporations as described in division (E)(7) of this section to	1611
exercise enforcement authority, to accept and approve plans and	1612
specifications, and to make inspections, pursuant to sections	1613
3781.03, 3791.04, and 4104.43 of the Revised Code.	1614

(2) The board shall certify departments, personnel, and	1615
persons to enforce the state residential building code, to enforce	1616
the nonresidential building code, or to enforce both the	1617
residential and the nonresidential building codes. Any department,	1618
personnel, or person may enforce only the type of building code	1619
for which certified.	1620

(3) The board shall not require a building department, its	1621
personnel, or any persons that it employs to be certified for	1622
residential building code enforcement if that building department	1623
does not enforce the state residential building code. The board	1624
shall specify, in rules adopted pursuant to Chapter 119. of the	1625
Revised Code, the requirements for certification for residential	1626
and nonresidential building code enforcement, which shall be	1627
consistent with this division. The requirements for residential	1628
and nonresidential certification may differ. Except as otherwise	1629
provided in this division, the requirements shall include, but are	1630
not limited to, the satisfactory completion of an initial	1631
examination and, to remain certified, the completion of a	1632
specified number of hours of continuing building code education	1633
within each three-year period following the date of certification	1634
which shall be not less than thirty hours. The rules shall provide	1635
that continuing education credits and certification issued by the	1636
council of American building officials, national model code	1637
organizations, and agencies or entities the board recognizes are	1638
acceptable for purposes of this division. The rules shall specify	1639
requirements that are compatible, to the extent possible, with	1640
requirements the council of American building officials and	1641
national model code organizations establish.	1642

(4) The board shall establish and collect a certification and	1643
renewal fee for building department personnel, and persons and	1644
employees of persons, firms, or corporations as described in this	1645
section, who are certified pursuant to this division.	1646

(5) Any individual certified pursuant to this division shall	1647
complete the number of hours of continuing building code education	1648
that the board requires or, for failure to do so, forfeit	1649
certification.	1650

(6) This division does not require or authorize the board to	1651
certify personnel of municipal, township, and county building	1652
departments, and persons and employees of persons, firms, or	1653
corporations as described in this section, whose responsibilities	1654
do not include the exercise of enforcement authority, the approval	1655
of plans and specifications, or making inspections under the state	1656
residential and nonresidential building codes.	1657

(7) Enforcement authority for approval of plans and	1658
specifications and enforcement authority for inspections may be	1659
exercised, and plans and specifications may be approved and	1660
inspections may be made on behalf of a municipal corporation,	1661
township, or county, by any of the following who the board of	1662
building standards certifies:	1663

(a) Officers or employees of the municipal corporation,	1664
township, or county;	1665

(b) Persons, or employees of persons, firms, or corporations,	1666
pursuant to a contract to furnish architectural, engineering, or	1667
other services to the municipal corporation, township, or county;	1668

(c) Officers or employees of, and persons under contract	1669
with, a municipal corporation, township, county, health district,	1670
or other political subdivision, pursuant to a contract to furnish	1671
architectural, engineering, or other services.	1672

(8) Municipal, township, and county building departments have	1673
jurisdiction within the meaning of sections 3781.03, 3791.04, and	1674
4104.43 of the Revised Code, only with respect to the types of	1675
buildings and subject matters for which they are certified under	1676
this section.	1677

(9) Certification shall be granted upon application by the	1678
municipal corporation, the board of township trustees, or the	1679
board of county commissioners and approval of that application by	1680
the board of building standards. The application shall set forth:	1681

(a) Whether the certification is requested for residential or	1682
nonresidential buildings, or both;	1683

(b) The number and qualifications of the staff composing the	1684
building department;	1685

(c) The names, addresses, and qualifications of persons,	1686
firms, or corporations contracting to furnish work or services	1687
pursuant to division (E)(7)(b) of this section;	1688

(d) The names of any other municipal corporation, township,	1689
county, health district, or political subdivision under contract	1690
to furnish work or services pursuant to division (E)(7) of this	1691
section;	1692

(e) The proposed budget for the operation of the building	1693
department.	1694

(10) The board of building standards shall adopt rules	1695
governing all of the following:	1696

(a) The certification of building department personnel and	1697
persons and employees of persons, firms, or corporations	1698
exercising authority pursuant to division (E)(7) of this section.	1699
The rules shall disqualify any employee of the department or	1700
person who contracts for services with the department from	1701
performing services for the department when that employee or	1702
person would have to pass upon, inspect, or otherwise exercise	1703
authority over any labor, material, or equipment the employee or	1704
person furnishes for the construction, alteration, or maintenance	1705
of a building or the preparation of working drawings or	1706
specifications for work within the jurisdictional area of the	1707
department. The department shall provide other similarly qualified	1708
personnel to enforce the residential and nonresidential building	1709
codes as they pertain to that work.	1710

(b) The minimum services to be provided by a certified	1711
building department.	1712

(11) The board of building standards may revoke or suspend	1713
certification to enforce the residential and nonresidential	1714
building codes, on petition to the board by any person affected by	1715
that enforcement or approval of plans, or by the board on its own	1716
motion. Hearings shall be held and appeals permitted on any	1717
proceedings for certification or revocation or suspension of	1718
certification in the same manner as provided in section 3781.101	1719
of the Revised Code for other proceedings of the board of building	1720
standards.	1721

(12) Upon certification, and until that authority is revoked,	1722
any county or township building department shall enforce the	1723
residential and nonresidential building codes for which it is	1724
certified without regard to limitation upon the authority of	1725
boards of county commissioners under Chapter 307. of the Revised	1726
Code or boards of township trustees under Chapter 505. of the	1727
Revised Code.	1728

(F) In addition to hearings sections 3781.06 to 3781.18 and	1729
3791.04 of the Revised Code require, the board of building	1730
standards shall make investigations and tests, and require from	1731
other state departments, officers, boards, and commissions	1732
information the board considers necessary or desirable to assist	1733
it in the discharge of any duty or the exercise of any power	1734
mentioned in this section or in sections 3781.06 to 3781.18,	1735
3791.04, and 4104.43 of the Revised Code.	1736

(G) The board shall adopt rules and establish reasonable fees	1737
for the review of all applications submitted where the applicant	1738
applies for authority to use a new material, assembly, or product	1739
of a manufacturing process. The fee shall bear some reasonable	1740
relationship to the cost of the review or testing of the	1741
materials, assembly, or products and for the notification of	1742
approval or disapproval as provided in section 3781.12 of the	1743
Revised Code.	1744

(H)(1) The residential construction advisory committee shall	1745
provide the board with a proposal for a state residential building	1746
code that the committee recommends pursuant to division (C)(1) of	1747
section 4740.14 of the Revised Code. Upon receiving a	1748
recommendation from the committee that is acceptable to the board,	1749
the board shall adopt rules establishing that code as the state	1750
residential building code.	1751

(2) With respect to a residential energy code as a component	1752
of the residential building code, the board shall adopt rules to	1753
implement the most recently published international energy	1754
conservation code (IECC) or a code that the board determines	1755
achieves an equivalent or greater energy savings.	1756

(I) The board shall cooperate with the director of job and	1757
family services when the director promulgates rules pursuant to	1758
section 5104.05 of the Revised Code regarding safety and	1759
sanitation in type A family day-care homes.	1760

(J) The board shall adopt rules to implement the requirements	1761
of section 3781.108 of the Revised Code.	1762

(K) With respect to a commercial energy code as a component	1763
of the commercial building code, the board of building standards	1764
shall adopt rules to implement the energy code for buildings	1765
developed by the American national standards institute, the	1766
American society of heating, refrigerating, and air conditioning,	1767
and the illuminating engineering society of North America, known	1768
as the ANSI/ASHRAE/IESNA Standard 90.1-2007, or a code that	1769
achieves equivalent or greater energy savings.	1770

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

1771

(1) "Consumer" has the same meaning as in section 1345.01 of	1772
the Revised Code.	1773

(2) "Consumer goods" means goods sold, leased, assigned,	1774
awarded by chance, or transferred to a consumer in a consumer	1775
transaction.	1776

(3) "Consumer goods service contract" means a contract or	1777
agreement to perform or pay for repairs, replacement, or	1778
maintenance of consumer goods due to a defect in materials or	1779
workmanship, normal wear and tear, power surges, or accidental	1780
damage from handling, that is effective for a specified duration	1781
and paid for by means other than the purchase of the consumer	1782
goods. "Consumer goods service contract" does not include any of	1783
the following:	1784

(a) A contract or agreement to perform or pay for the repair,	1785
replacement, or maintenance of a motor vehicle or utility vehicle,	1786
as defined in section 4501.01 of the Revised Code, due to a defect	1787
in materials or workmanship, normal wear and tear, mechanical or	1788
electrical breakdown, or failure of parts or equipment of a motor	1789
vehicle that is effective for a specified duration and paid for by	1790
means other than the purchase of a motor vehicle or utility	1791
vehicle;	1792

(b) A vehicle protection product ~~as defined in~~warranty	1793
issued in accordance with section 3905.421 of the Revised Code;	1794

(c) A home service contract as defined in section 3905.422 of	1795
the Revised Code.	1796

(4) "Consumer transaction" has the same meaning as in section	1797
1345.01 of the Revised Code.	1798

(5) "Contract holder" means the consumer who purchased goods	1799
covered by a consumer goods service contract, any authorized	1800
transferee or assignee of the consumer, or any other person	1801
assuming the consumer's rights under the consumer goods service	1802
contract.	1803

(6) "Provider" means a person who is contractually obligated	1804
to a contract holder under the terms of a consumer goods service	1805
contract.	1806

(7) "Reimbursement insurance policy" means a policy of	1807
insurance issued by an insurer authorized or eligible to do	1808
business in this state to a provider to pay, on behalf of the	1809
provider, all covered contractual obligations incurred by the	1810
provider under the terms and conditions of the consumer goods	1811
service contract.	1812

(8) "Supplier" has the same meaning as in section 1345.01 of	1813
the Revised Code.	1814

(B) All consumer goods service contracts issued in this state	1815
that provide for the performance of or payment for repairs,	1816
replacement, or maintenance of consumer goods due to power surges	1817
or accidental damage from handling shall be covered by a	1818
reimbursement insurance policy.	1819

(C) A consumer goods service contract issued by a provider	1820
that is required to be covered by a reimbursement insurance policy	1821
under division (B) of this section shall comply with all of the	1822
following requirements:	1823

(1) Conspicuously state that the obligations of the provider	1824
are guaranteed under a reimbursement insurance policy;	1825

(2) Conspicuously state that if a provider fails to perform	1826
or make payment due under the terms of the contract within sixty	1827
days after the contract holder requests performance or payment	1828
pursuant to the terms of the contract, the contract holder may	1829
request performance or payment directly from the provider's	1830
reimbursement insurance policy insurer, including, but not limited	1831
to, any obligation in the contract by which the provider must	1832
refund the contract holder upon cancellation of a contract;	1833

(3) Conspicuously state the name, address, and telephone	1834
number of the provider's reimbursement insurance policy insurer.	1835

(D) A reimbursement insurance policy that is required to be	1836
issued under this section shall contain a:	1837

(1) A statement that if a provider fails to perform or make	1838
payment due under the terms of the consumer goods service contract	1839
within sixty days after the contract holder requests performance	1840
or payment pursuant to the terms of the contract, the contract	1841
holder may request performance or payment directly from the	1842
provider's reimbursement policy insurer, including, but not	1843
limited to, any obligation in the contract by which the provider	1844
must refund the contract holder upon cancellation of a contract;	1845

(2) A statement that in the event of cancellation of the	1846
provider's reimbursement insurance policy, insurance coverage will	1847
continue for all contract holders whose consumer goods service	1848
contracts were issued by the provider and reported to the insurer	1849
for coverage during the term of the reimbursement insurance	1850
policy.	1851

(E) The sale or issuance of a consumer goods service contract	1852
is a consumer transaction for purposes of sections 1345.01 to	1853
1345.13 of the Revised Code. The provider is the supplier and the	1854
contract holder is the consumer for purposes of those sections.	1855

(F) Unless issued by an insurer authorized or eligible to do	1856
business in this state, a consumer goods service contract does not	1857
constitute a contract substantially amounting to insurance, or the	1858
contract's issuance the business of insurance, under section	1859
3905.42 of the Revised Code.	1860

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

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

1868

(1) "Contract holder" means the person who purchased a motor	1869
vehicle tire or wheel road hazard contract, any authorized	1870
transferee or assignee of the purchaser, or any other person	1871
assuming the purchaser's rights under the motor vehicle tire or	1872
wheel road hazard contract.	1873

(2) "Motor vehicle" has the same meaning as in section	1874
4501.01 of the Revised Code and also includes utility vehicles as	1875
defined in that section.	1876

(3) "Motor vehicle tire or wheel road hazard contract" means	1877
a contract or agreement to perform or pay for repairs or	1878
replacement of tires or wheels damaged because of a road hazard,	1879
that is effective for a specified duration and paid for by means	1880
other than the purchase of the motor vehicle tire or wheel. "Motor	1881
vehicle tire or wheel road hazard contract" does not include any	1882
of the following:	1883

(a) A contract or agreement to perform or pay for the repair,	1884
replacement, or maintenance of a motor vehicle due to a defect in	1885
materials or workership, normal wear and tear, mechanical or	1886
electrical breakdown, or failure of parts or equipment of a motor	1887
vehicle that is effective for a specified duration and paid for by	1888
means other than the purchase of a motor vehicle;	1889

(b) A vehicle protection product warranty issued in	1890
accordance with section 3905.421 of the Revised Code;	1891

(c) A home service contract as defined in section 3905.422 of	1892
the Revised Code;	1893

(d) A consumer goods service contract as defined in section	1894
3905.423 of the Revised Code.	1895

(4) "Provider" means a person who is contractually obligated	1896
to a contract holder under the terms of a motor vehicle tire or	1897
wheel road hazard contract.	1898

(5) "Reimbursement insurance policy" means a policy of	1899
insurance issued by an insurer authorized or eligible to do	1900
business in this state to a provider to pay, on behalf of the	1901
provider, all covered contractual obligations incurred by the	1902
provider under the terms and conditions of the motor vehicle tire	1903
or wheel road hazard contract.	1904

(6) "Road hazard" means a condition on a public roadway that	1905
should not exist there, including potholes, nails, glass, or road	1906
debris. "Road hazard" does not include fire, theft, vandalism or	1907
malicious mischief, or other perils normally covered by automobile	1908
physical damage insurance.	1909

(7) "Supplier" has the same meaning as in section 1345.01 of	1910
the Revised Code.	1911

(B) All motor vehicle tire or wheel road hazard contracts	1912
issued in this state that provide for the performance of or	1913
payment for repairs or replacement of tires or wheels damaged	1914
because of a road hazard shall be covered by a reimbursement	1915
insurance policy.	1916

(C) A motor vehicle tire or wheel road hazard contract issued	1917
by a provider that is required to be covered by a reimbursement	1918
insurance policy under division (B) of this section shall	1919
conspicuously state all of the following:	1920

(1) "This contract is not insurance and is not subject to the	1921
insurance laws of this state, contained in Title XXXIX of the Ohio	1922
Revised Code."	1923

(2) That the obligations of the provider are guaranteed under	1924
a reimbursement insurance policy;	1925

(3) That if a provider fails to perform or make payment due	1926
under the terms of the contract within sixty days after the	1927
contract holder requests performance or payment pursuant to the	1928
terms of the contract, the contract holder may request performance	1929
or payment directly from the provider's reimbursement insurance	1930
policy insurer, including any obligation in the contract by which	1931
the provider must refund the contract holder upon cancellation of	1932
a contract;	1933

(4) Conspicuously state the name, address, and telephone	1934
number of the provider's reimbursement insurance policy insurer.	1935

(D) A reimbursement insurance policy that is required to be	1936
issued under this section shall contain:	1937

(1) A statement that if a provider fails to perform or make	1938
payment due under the terms of the motor vehicle tire or wheel	1939
road hazard contract within sixty days after the contract holder	1940
requests performance or payment pursuant to the terms of the	1941
contract, the contract holder may request performance or payment	1942
directly from the provider's reimbursement insurance policy	1943
insurer, including any obligation in the contract by which the	1944
provider must refund the contract holder upon cancellation of a	1945
contract;	1946

(2) A statement that in the event of cancellation of the	1947
provider's reimbursement insurance policy, insurance coverage will	1948
continue for all contract holders whose motor vehicle tire or	1949
wheel road hazard contracts were issued by the provider and	1950
reported to the insurer for coverage during the term of the	1951
reimbursement insurance policy.	1952

(E) The sale or issuance of a motor vehicle tire or wheel	1953
road hazard contract is a consumer transaction for purposes of	1954
sections 1345.01 to 1345.13 of the Revised Code. The provider is	1955
the supplier and the contract holder is the consumer for purposes	1956
of those sections.	1957

(F) Unless issued by an insurer authorized or eligible to do	1958
business in this state, a motor vehicle tire or wheel road hazard	1959
contract does not constitute a contract substantially amounting to	1960
insurance, or the contract's issuance the business of insurance,	1961
under section 3905.42 of the Revised Code.	1962

(G) The rights of a contract holder against a provider's	1963
reimbursement insurance policy insurer as provided in this section	1964
apply only in regard to a reimbursement insurance policy issued	1965
under this section. This section does not create any contractual	1966
rights in favor of a person that does not qualify as an insured	1967
under any other type of insurance policy described in Title XXXIX	1968
of the Revised Code. This section does not prohibit the insurer of	1969
a provider's reimbursement insurance policy from assuming	1970
liability for contracts issued prior to the effective date of the	1971
policy or this statute.	1972

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

1973

(1) "Group policy" includes any group sickness and accident	1974
policy or contract delivered, issued for delivery, or renewed in	1975
this state on or after June 28, 1984, and any private or public	1976
employer self-insurance plan or other plan that provides, or	1977
provides payment for, health care benefits for employees resident	1978
in this state other than through an insurer or health insuring	1979
corporation, to which both of the following apply:	1980

(a) The policy insures employees for hospital, surgical, or	1981
major medical insurance on an expense incurred or service basis,	1982
other than for specified diseases or for accidental injuries only.	1983

(b) The policy is in effect and covers an eligible employee	1984
at the time the employee's employment is terminated.	1985

(2) "Eligible employee" includes only an employee to whom all	1986
of the following apply:	1987

(a) The employee has been continuously insured under a group	1988
policy or under the policy and any prior similar group coverage	1989
replaced by the policy, during the entire three-month period	1990
preceding the termination of the employee's employment.	1991

(b) ~~The employee is entitled, at the time of the termination~~	1992
~~of the employee's employment, to unemployment compensation~~	1993
~~benefits under Chapter 4141. of the Revised Code~~The employee's	1994
termination of employment is not a result of any gross misconduct	1995
on the part of the employee.	1996

(c) The employee is not, and does not become, covered by or	1997
eligible for coverage by medicare under Title XVIII of the Social	1998
Security Act, as amended.	1999

(d) The employee is not, and does not become, covered by or	2000
eligible for coverage by any other insured or uninsured	2001
arrangement that provides hospital, surgical, or medical coverage	2002
for individuals in a group and under which the person was not	2003
covered immediately prior to such termination. A person eligible	2004
for continuation of coverage under this section, who is also	2005
eligible for coverage under section 3923.123 of the Revised Code,	2006
may elect either coverage, but not both. A person who elects	2007
continuation of coverage may elect any coverage available under	2008
section 3923.123 of the Revised Code upon the termination of the	2009
continuation of coverage.	2010

(3) "Group rate" means, in the case of an employer	2011
self-insurance or other health benefits plan, the average monthly	2012
cost per employee, over a period of at least twelve months, of the	2013
operation of the plan that would represent a group insurance rate	2014
if the same coverage had been provided under a group sickness and	2015
accident insurance policy.	2016

(4) "Termination of employment" includes both voluntary and	2017
involuntary termination of employment.	2018

(B) A group policy shall provide that any eligible employee	2019
may continue the employee's hospital, surgical, and medical	2020
insurance under the policy, for the employee and the employee's	2021
eligible dependents, for a period of ~~six~~twelve months after the	2022
date that the insurance coverage would otherwise terminate by	2023
reason of the termination of the employee's employment. Each	2024
certificate of coverage, or other notice of coverage, issued to	2025
employees under the policy shall include a notice of the	2026
employee's privilege of continuation.	2027

(C) All of the following apply to the continuation of	2028
coverage required under division (B) of this section:	2029

(1) Continuation need not include dental, vision care,	2030
~~prescription drug benefits,~~ or any other benefits provided under	2031
the policy in addition to its hospital, surgical, or major medical	2032
benefits.	2033

(2) The employer shall notify the employee of the right of	2034
continuation at the time the employer notifies the employee of the	2035
termination of employment. The notice shall inform the employee of	2036
the amount of contribution required by the employer under division	2037
(C)(4) of this section.	2038

(3) The employee shall file a written election of	2039
continuation with the employer and pay the employer the first	2040
contribution required under division (C)(4) of this section. The	2041
request and payment must be received by the employer no later than	2042
the earlier of any of the following dates:	2043

(a) Thirty-one days after the date on which the employee's	2044
coverage would otherwise terminate;	2045

(b) Ten days after the date on which the employee's coverage	2046
would otherwise terminate, if the employer has notified the	2047
employee of the right of continuation prior to such date;	2048

(c) Ten days after the employer notifies the employee of the	2049
right of continuation, if the notice is given after the date on	2050
which the employee's coverage would otherwise terminate.	2051

(4) The employee must pay to the employer, on a monthly	2052
basis, in advance, the amount of contribution required by the	2053
employer. The amount required shall not exceed the group rate for	2054
the insurance being continued under the policy on the due date of	2055
each payment.	2056

(5) The employee's privilege to continue coverage and the	2057
coverage under any continuation ceases if any of the following	2058
occurs:	2059

(a) The employee ceases to be an eligible employee under	2060
division (A)(2)(c) or (d) of this section;	2061

(b) A period of ~~six~~twelve months expires after the date that	2062
the employee's insurance under the policy would otherwise have	2063
terminated because of the termination of employment;	2064

(c) The employee fails to make a timely payment of a required	2065
contribution, in which event the coverage shall cease at the end	2066
of the coverage for which contributions were made;	2067

(d) The policy is terminated, or the employer terminates	2068
participation under the policy, unless the employer replaces the	2069
coverage by similar coverage under another group policy or other	2070
group health arrangement.	2071

If the employer replaces the policy with similar group health	2072
coverage, all of the following apply:	2073

(i) The member shall be covered under the replacement	2074
coverage, for the balance of the period that the member would have	2075
remained covered under the terminated coverage if it had not been	2076
terminated.	2077

(ii) The minimum level of benefits under the replacement	2078
coverage shall be the applicable level of benefits of the policy	2079
replaced reduced by any benefits payable under the policy	2080
replaced.	2081

(iii) The policy replaced shall continue to provide benefits	2082
to the extent of its accrued liabilities and extensions of	2083
benefits as if the replacement had not occurred.	2084

(D) This section does not apply to an employer's	2085
self-insurance plan if federal law supersedes, preempts,	2086
prohibits, or otherwise precludes its application to such plans.	2087

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

2088

(A) "Atomic energy" means all forms of energy released in the	2089
course of nuclear fission or nuclear transformation.	2090

(B) "By-product material" ~~means any radioactive material~~	2091
~~(except special nuclear material) yielded in, or made radioactive~~	2092
~~by exposure to the radiation incident to, the process of producing~~	2093
~~or utilizing special nuclear materials~~has the same meaning as in	2094
Section 11(e)(2) of the "Atomic Energy Act of 1954," 68 Stat. 922,	2095
42 U.S.C. 2014, as amended.	2096

(C) "Production facility" means any equipment or device	2097
capable of the production of special nuclear material in such	2098
quantity as to be of significance to the common defense and	2099
security, or in such manner as to affect the health and safety of	2100
the public; or any important component part especially designed	2101
for such equipment or device.	2102

(D) "Special nuclear material" means plutonium or uranium	2103
enriched in the isotope 233 or in the isotope 235, or any other	2104
material which the governor declares by order to be special	2105
nuclear material.	2106

(E) "Utilization facility" means any equipment or device,	2107
except an atomic weapon, capable of making use of special nuclear	2108
materials in such quantity as to be of significance to the common	2109
defense and security, or in such manner as to affect the health	2110
and safety of the public, or peculiarly adapted for making use of	2111
atomic energy in such quantity as to be of significance to the	2112
common defense and security, or in such manner as to affect the	2113
health and safety of the public; or any important component part	2114
especially designed for such equipment or device.	2115

(F) "Radiation" means gamma rays and X-rays, alpha and beta	2116
particles, high-speed electrons, neutrons, protons, and other	2117
nuclear particles; but not sound or radio waves, or visible,	2118
infrared, or ultraviolet light.	2119

(G) ~~"Large quantity" has the meaning set forth in Part 71 of~~	2120
~~Title 10, section 71.4(f), of the Code of Federal Regulations~~	2121
"Highway route controlled quantity" has the same meaning as in 49	2122
C.F.R. 173.403.	2123

(H) "High-level radioactive waste" means any of the	2124
following:	2125

(1) Irradiated reactor fuel;

2126

(2) Liquid wastes resulting from the operation of the first	2127
cycle solvent extraction system, or equivalent, and the	2128
concentrated wastes from subsequent extraction cycles, or	2129
equivalent, in a facility for reprocessing irradiated reactor	2130
fuel;	2131

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

2132

(4) Any other highly radioactive waste material that the	2133
United States nuclear regulatory commission or the United States	2134
department of energy determines by law requires permanent	2135
isolation;	2136

(5) Any by-product material.

2137

(I) "Spent nuclear fuel" means fuel that has been withdrawn	2138
from a nuclear reactor following irradiation, the constituent	2139
elements of which have not been separated by reprocessing.	2140

(J) "Transuranic waste" means material containing elements	2141
that have an atomic number greater than ninety-two, including	2142
neptunium, plutonium, americium, and curium, and that are in	2143
concentrations greater than ten nanocuries per gram or in other	2144
concentrations that the United States nuclear regulatory	2145
commission may prescribe.	2146

Sec. 4163.07. (A)(1) Prior to transporting any ~~large~~	2147
high-level radioactive waste, spent nuclear fuel, transuranic	2148
waste, or any quantity of special nuclear material ~~or by-product~~	2149
~~material~~that meets or exceeds the highway route controlled	2150
quantity, within, into, or through the state, the carrier or	2151
shipper of the material shall notify the executive director of the	2152
emergency management agency established under section 5502.22 of	2153
the Revised Code of the shipment. The notice shall be in writing	2154
and be sent by certified mail and shall include the name of the	2155
shipper; the name of the carrier; the type and quantity of the	2156
~~special nuclear~~ material ~~or by-product material~~; the	2157
transportation mode of the shipment; the proposed date and time of	2158
shipment of the material within, into, or through the state; and	2159
the starting point, termination or exit point, scheduled route,	2160
and each alternate route, if any, of the shipment. In order to	2161
constitute effective notification under division (A)(1) of this	2162
section, notification shall be received by the executive director	2163
at least ~~forty-eight hours~~four days prior to ~~entry of the~~	2164
shipment within, into, or through the state.	2165

(2) The carrier or shipper of any shipment subject to	2166
division (A)(1) of this section shall immediately notify the	2167
executive director of any change in the date and time of the	2168
shipment or in the route of the shipment within, into, or through	2169
the state.	2170

(B) Upon receipt of a notice of any shipment of ~~a large~~	2171
~~quantity of special nuclear material or by-product~~ material that	2172
is subject to division (A)(1) of this section within, into, or	2173
through the state, the executive director of the emergency	2174
management agency shall immediately notify the director of public	2175
safety, the director of environmental protection, the chairperson	2176
of the public utilities commission, and the sheriff of each county	2177
along the proposed route, or any alternate route, of the shipment.	2178

(C) The executive director of the emergency management agency	2179
shall not disclose to any person other than those persons	2180
enumerated in division (B) of this section any information	2181
pertaining to any shipment of special nuclear material or	2182
by-product material prior to the time that the shipment is	2183
completed.	2184

(D) This section does not apply to radioactive materials,	2185
other than by-products, shipped by or for the United States	2186
department of defense and United States department of energy for	2187
military or national defense purposes. Nothing in this section	2188
requires the disclosure of any defense information or restricted	2189
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919,	2190
42 U.S.C.A. 2011, as amended.	2191

(E) No person shall transport or cause to be transported	2192
within, into, or through the state any ~~large quantity of special~~	2193
~~or by-product~~ material that is subject to division (A)(1) of this	2194
section without first providing the notice required in that	2195
division ~~(A) of this section~~.	2196

(F) Whoever violates division (E) of this section, in	2197
addition to any penalty imposed under section 4163.99 of the	2198
Revised Code, is liable for a civil penalty in an amount not to	2199
exceed ten times the amount of the fee due under section 4163.08	2200
of the Revised Code. The attorney general, upon the request of the	2201
executive director of the emergency management agency, shall bring	2202
a civil action to collect the penalty. Fines collected pursuant to	2203
this section shall be deposited into the state treasury to the	2204
credit of the radiation response fund.	2205

Sec. 4163.08. (A) No person shall transport or cause to be	2206
transported high-level radioactive waste, spent nuclear fuel,	2207
transuranic waste, or any quantity of special nuclear material	2208
that meets or exceeds the highway route controlled quantity,	2209
within, into, or through this state by rail or motor carrier	2210
unless the person, at least four days prior to the date of the	2211
shipment, pays the department of public safety the following fees	2212
for each shipment of high-level radioactive waste, spent nuclear	2213
fuel, transuranic waste, or any quantity of special nuclear	2214
material that meets or exceeds the highway route controlled	2215
quantity, as applicable:	2216

(1) Two thousand five hundred dollars for each shipment by	2217
motor carrier;	2218

(2) Four thousand five hundred dollars for the first cask	2219
designated for transport by rail and three thousand dollars for	2220
each additional cask designated for transport by rail that is	2221
shipped by the same person or entity in the same shipment.	2222

(B) This section does not apply to any shipment of high-level	2223
radioactive waste, spent nuclear fuel, transuranic waste, or any	2224
quantity of special nuclear material that meets or exceeds the	2225
highway route controlled quantity by or for the United States	2226
government for military or national defense purposes. This section	2227
applies to all other shipments of high-level radioactive waste,	2228
spent nuclear fuel, transuranic waste, or any quantity of special	2229
nuclear material that meets or exceeds the highway route	2230
controlled quantity by or for the United States government, to the	2231
extent permitted by federal law.	2232

(C) Whoever violates division (A) of this section is liable	2233
for a civil penalty in an amount not to exceed ten times the	2234
amount of the fee due under this section. The attorney general,	2235
upon the request of the director of public safety, shall bring a	2236
civil action to collect the penalty. Fines collected pursuant to	2237
this section shall be deposited into the state treasury to the	2238
credit of the radiation response fund.	2239

Sec. 4163.09. (A)(1) The department of public safety shall	2240
deposit all fees collected under section 4163.08 of the Revised	2241
Code in the radiation response fund, which is hereby created in	2242
the state treasury. All investment earnings of the fund shall be	2243
credited to it.	2244

(2) Money in the radiation response fund shall be used only	2245
for the following purposes, as determined by the director of	2246
public safety:	2247

(a) State and local expenses related to the shipment of	2248
high-level radioactive waste, spent nuclear fuel, transuranic	2249
waste, or any quantity of special nuclear material that meets or	2250
exceeds the highway route controlled quantity in this state,	2251
including inspections, escorts, security, emergency management	2252
services, and accident response;	2253

(b) Planning, coordination, education, and training of	2254
emergency response providers, law enforcement agencies, and other	2255
appropriate state or local entities;	2256

(c) Purchase and maintenance of monitoring, medical, safety,	2257
or emergency response equipment and supplies;	2258

(d) Administrative costs of the department and other state or	2259
local entities related to the shipping of high-level radioactive	2260
waste, spent nuclear fuel, transuranic waste, or any quantity of	2261
special nuclear material that meets or exceeds the highway route	2262
controlled quantity;	2263

(e) Other similar expenses determined by the director to be	2264
appropriate.	2265

(B)(1) The director may adopt rules as necessary to implement	2266
sections 4163.08 and 4163.09 of the Revised Code.	2267

(2) In administering section 4163.08 of the Revised Code, the	2268
director shall work with any department or agency of federal,	2269
state, or local government that also regulates the shipment of	2270
high-level radioactive waste, spent nuclear fuel, transuranic	2271
waste, or any quantity of special nuclear material that meets or	2272
exceeds the highway route controlled quantity.	2273

(3) Subject to division (C) of section 4163.07 of the Revised	2274
Code, the department, consistent with national security	2275
requirements, may notify any law enforcement agency or other state	2276
or local entity affected by the shipment, as the director	2277
considers necessary for public safety.	2278

(4) Beginning December 31, 2010, and every two years	2279
thereafter, the director shall prepare and submit to both houses	2280
of the general assembly a report on the radiation response fund.	2281
The report shall include information on the fees received and	2282
expenditures made from the fund.	2283

Sec. 4501.01. As used in this chapter and Chapters 4503.,	2284
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	2285
Revised Code, and in the penal laws, except as otherwise provided:	2286

(A) "Vehicles" means everything on wheels or runners,	2287
including motorized bicycles, but does not mean electric personal	2288
assistive mobility devices, vehicles that are operated exclusively	2289
on rails or tracks or from overhead electric trolley wires, and	2290
vehicles that belong to any police department, municipal fire	2291
department, or volunteer fire department, or that are used by such	2292
a department in the discharge of its functions.	2293

(B) "Motor vehicle" means any vehicle, including mobile homes	2294
and recreational vehicles, that is propelled or drawn by power	2295
other than muscular power or power collected from overhead	2296
electric trolley wires. "Motor vehicle" does not include utility	2297
vehicles as defined in division (VV) of this section, motorized	2298
bicycles, road rollers, traction engines, power shovels, power	2299
cranes, and other equipment used in construction work and not	2300
designed for or employed in general highway transportation,	2301
well-drilling machinery, ditch-digging machinery, farm machinery,	2302
and trailers that are designed and used exclusively to transport a	2303
boat between a place of storage and a marina, or in and around a	2304
marina, when drawn or towed on a public road or highway for a	2305
distance of no more than ten miles and at a speed of twenty-five	2306
miles per hour or less.	2307

(C) "Agricultural tractor" and "traction engine" mean any	2308
self-propelling vehicle that is designed or used for drawing other	2309
vehicles or wheeled machinery, but has no provisions for carrying	2310
loads independently of such other vehicles, and that is used	2311
principally for agricultural purposes.	2312

(D) "Commercial tractor," except as defined in division (C)	2313
of this section, means any motor vehicle that has motive power and	2314
either is designed or used for drawing other motor vehicles, or is	2315
designed or used for drawing another motor vehicle while carrying	2316
a portion of the other motor vehicle or its load, or both.	2317

(E) "Passenger car" means any motor vehicle that is designed	2318
and used for carrying not more than nine persons and includes any	2319
motor vehicle that is designed and used for carrying not more than	2320
fifteen persons in a ridesharing arrangement.	2321

(F) "Collector's vehicle" means any motor vehicle or	2322
agricultural tractor or traction engine that is of special	2323
interest, that has a fair market value of one hundred dollars or	2324
more, whether operable or not, and that is owned, operated,	2325
collected, preserved, restored, maintained, or used essentially as	2326
a collector's item, leisure pursuit, or investment, but not as the	2327
owner's principal means of transportation. "Licensed collector's	2328
vehicle" means a collector's vehicle, other than an agricultural	2329
tractor or traction engine, that displays current, valid license	2330
tags issued under section 4503.45 of the Revised Code, or a	2331
similar type of motor vehicle that displays current, valid license	2332
tags issued under substantially equivalent provisions in the laws	2333
of other states.	2334

(G) "Historical motor vehicle" means any motor vehicle that	2335
is over twenty-five years old and is owned solely as a collector's	2336
item and for participation in club activities, exhibitions, tours,	2337
parades, and similar uses, but that in no event is used for	2338
general transportation.	2339

(H) "Noncommercial motor vehicle" means any motor vehicle,	2340
including a farm truck as defined in section 4503.04 of the	2341
Revised Code, that is designed by the manufacturer to carry a load	2342
of no more than one ton and is used exclusively for purposes other	2343
than engaging in business for profit.	2344

(I) "Bus" means any motor vehicle that has motor power and is	2345
designed and used for carrying more than nine passengers, except	2346
any motor vehicle that is designed and used for carrying not more	2347
than fifteen passengers in a ridesharing arrangement.	2348

(J) "Commercial car" or "truck" means any motor vehicle that	2349
has motor power and is designed and used for carrying merchandise	2350
or freight, or that is used as a commercial tractor.	2351

(K) "Bicycle" means every device, other than a tricycle that	2352
is designed solely for use as a play vehicle by a child, that is	2353
propelled solely by human power upon which any person may ride,	2354
and that has either two tandem wheels, or one wheel in front and	2355
two wheels in the rear, any of which is more than fourteen inches	2356
in diameter.	2357

(L) "Motorized bicycle" means any vehicle that either has two	2358
tandem wheels or one wheel in the front and two wheels in the	2359
rear, that is capable of being pedaled, and that is equipped with	2360
a helper motor of not more than fifty cubic centimeters piston	2361
displacement that produces no more than one brake horsepower and	2362
is capable of propelling the vehicle at a speed of no greater than	2363
twenty miles per hour on a level surface.	2364

(M) "Trailer" means any vehicle without motive power that is	2365
designed or used for carrying property or persons wholly on its	2366
own structure and for being drawn by a motor vehicle, and includes	2367
any such vehicle that is formed by or operated as a combination of	2368
a semitrailer and a vehicle of the dolly type such as that	2369
commonly known as a trailer dolly, a vehicle used to transport	2370
agricultural produce or agricultural production materials between	2371
a local place of storage or supply and the farm when drawn or	2372
towed on a public road or highway at a speed greater than	2373
twenty-five miles per hour, and a vehicle that is designed and	2374
used exclusively to transport a boat between a place of storage	2375
and a marina, or in and around a marina, when drawn or towed on a	2376
public road or highway for a distance of more than ten miles or at	2377
a speed of more than twenty-five miles per hour. "Trailer" does	2378
not include a manufactured home or travel trailer.	2379

(N) "Noncommercial trailer" means any trailer, except a	2380
travel trailer or trailer that is used to transport a boat as	2381
described in division (B) of this section, but, where applicable,	2382
includes a vehicle that is used to transport a boat as described	2383
in division (M) of this section, that has a gross weight of no	2384
more than three thousand pounds, and that is used exclusively for	2385
purposes other than engaging in business for a profit.	2386

(O) "Mobile home" means a building unit or assembly of closed	2387
construction that is fabricated in an off-site facility, is more	2388
than thirty-five body feet in length or, when erected on site, is	2389
three hundred twenty or more square feet, is built on a permanent	2390
chassis, is transportable in one or more sections, and does not	2391
qualify as a manufactured home as defined in division (C)(4) of	2392
section 3781.06 of the Revised Code or as an industrialized unit	2393
as defined in division (C)(3) of section 3781.06 of the Revised	2394
Code.	2395

(P) "Semitrailer" means any vehicle of the trailer type that	2396
does not have motive power and is so designed or used with another	2397
and separate motor vehicle that in operation a part of its own	2398
weight or that of its load, or both, rests upon and is carried by	2399
the other vehicle furnishing the motive power for propelling	2400
itself and the vehicle referred to in this division, and includes,	2401
for the purpose only of registration and taxation under those	2402
chapters, any vehicle of the dolly type, such as a trailer dolly,	2403
that is designed or used for the conversion of a semitrailer into	2404
a trailer.	2405

(Q) "Recreational vehicle" means a vehicular portable	2406
structure that meets all of the following conditions:	2407

(1) It is designed for the sole purpose of recreational	2408
travel.	2409

(2) It is not used for the purpose of engaging in business	2410
for profit.	2411

(3) It is not used for the purpose of engaging in intrastate	2412
commerce.	2413

(4) It is not used for the purpose of commerce as defined in	2414
49 C.F.R. 383.5, as amended.	2415

(5) It is not regulated by the public utilities commission	2416
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	2417

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

2418

(a) "Travel trailer" means a nonself-propelled recreational	2419
vehicle that does not exceed an overall length of thirty-five	2420
feet, exclusive of bumper and tongue or coupling, and contains	2421
less than three hundred twenty square feet of space when erected	2422
on site. "Travel trailer" includes a tent-type fold-out camping	2423
trailer as defined in section 4517.01 of the Revised Code.	2424

(b) "Motor home" means a self-propelled recreational vehicle	2425
that has no fifth wheel and is constructed with permanently	2426
installed facilities for cold storage, cooking and consuming of	2427
food, and for sleeping.	2428

(c) "Truck camper" means a nonself-propelled recreational	2429
vehicle that does not have wheels for road use and is designed to	2430
be placed upon and attached to a motor vehicle. "Truck camper"	2431
does not include truck covers that consist of walls and a roof,	2432
but do not have floors and facilities enabling them to be used as	2433
a dwelling.	2434

(d) "Fifth wheel trailer" means a vehicle that is of such	2435
size and weight as to be movable without a special highway permit,	2436
that has a gross trailer area of four hundred square feet or	2437
less, that is constructed with a raised forward section that	2438
allows a bi-level floor plan, and that is designed to be towed by	2439
a vehicle equipped with a fifth-wheel hitch ordinarily installed	2440
in the bed of a truck.	2441

(e) "Park trailer" means a vehicle that is commonly known as	2442
a park model recreational vehicle, meets the American national	2443
standard institute standard A119.5 (1988) for park trailers, is	2444
built on a single chassis, has a gross trailer area of four	2445
hundred square feet or less when set up, is designed for seasonal	2446
or temporary living quarters, and may be connected to utilities	2447
necessary for the operation of installed features and appliances.	2448

(R) "Pneumatic tires" means tires of rubber and fabric or	2449
tires of similar material, that are inflated with air.	2450

(S) "Solid tires" means tires of rubber or similar elastic	2451
material that are not dependent upon confined air for support of	2452
the load.	2453

(T) "Solid tire vehicle" means any vehicle that is equipped	2454
with two or more solid tires.	2455

(U) "Farm machinery" means all machines and tools that are	2456
used in the production, harvesting, and care of farm products, and	2457
includes trailers that are used to transport agricultural produce	2458
or agricultural production materials between a local place of	2459
storage or supply and the farm, agricultural tractors, threshing	2460
machinery, hay-baling machinery, corn shellers, hammermills, and	2461
machinery used in the production of horticultural, agricultural,	2462
and vegetable products.	2463

(V) "Owner" includes any person or firm, other than a	2464
manufacturer or dealer, that has title to a motor vehicle, except	2465
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	2466
includes in addition manufacturers and dealers.	2467

(W) "Manufacturer" and "dealer" include all persons and firms	2468
that are regularly engaged in the business of manufacturing,	2469
selling, displaying, offering for sale, or dealing in motor	2470
vehicles, at an established place of business that is used	2471
exclusively for the purpose of manufacturing, selling, displaying,	2472
offering for sale, or dealing in motor vehicles. A place of	2473
business that is used for manufacturing, selling, displaying,	2474
offering for sale, or dealing in motor vehicles shall be deemed to	2475
be used exclusively for those purposes even though snowmobiles or	2476
all-purpose vehicles are sold or displayed for sale thereat, even	2477
though farm machinery is sold or displayed for sale thereat, or	2478
even though repair, accessory, gasoline and oil, storage, parts,	2479
service, or paint departments are maintained thereat, or, in any	2480
county having a population of less than seventy-five thousand at	2481
the last federal census, even though a department in a place of	2482
business is used to dismantle, salvage, or rebuild motor vehicles	2483
by means of used parts, if such departments are operated for the	2484
purpose of furthering and assisting in the business of	2485
manufacturing, selling, displaying, offering for sale, or dealing	2486
in motor vehicles. Places of business or departments in a place of	2487
business used to dismantle, salvage, or rebuild motor vehicles by	2488
means of using used parts are not considered as being maintained	2489
for the purpose of assisting or furthering the manufacturing,	2490
selling, displaying, and offering for sale or dealing in motor	2491
vehicles.	2492

(X) "Operator" includes any person who drives or operates a	2493
motor vehicle upon the public highways.	2494

(Y) "Chauffeur" means any operator who operates a motor	2495
vehicle, other than a taxicab, as an employee for hire; or any	2496
operator whether or not the owner of a motor vehicle, other than a	2497
taxicab, who operates such vehicle for transporting, for gain,	2498
compensation, or profit, either persons or property owned by	2499
another. Any operator of a motor vehicle who is voluntarily	2500
involved in a ridesharing arrangement is not considered an	2501
employee for hire or operating such vehicle for gain,	2502
compensation, or profit.	2503

(Z) "State" includes the territories and federal districts of	2504
the United States, and the provinces of Canada.	2505

(AA) "Public roads and highways" for vehicles includes all	2506
public thoroughfares, bridges, and culverts.	2507

(BB) "Manufacturer's number" means the manufacturer's	2508
original serial number that is affixed to or imprinted upon the	2509
chassis or other part of the motor vehicle.	2510

(CC) "Motor number" means the manufacturer's original number	2511
that is affixed to or imprinted upon the engine or motor of the	2512
vehicle.	2513

(DD) "Distributor" means any person who is authorized by a	2514
motor vehicle manufacturer to distribute new motor vehicles to	2515
licensed motor vehicle dealers at an established place of business	2516
that is used exclusively for the purpose of distributing new motor	2517
vehicles to licensed motor vehicle dealers, except when the	2518
distributor also is a new motor vehicle dealer, in which case the	2519
distributor may distribute at the location of the distributor's	2520
licensed dealership.	2521

(EE) "Ridesharing arrangement" means the transportation of	2522
persons in a motor vehicle where the transportation is incidental	2523
to another purpose of a volunteer driver and includes ridesharing	2524
arrangements known as carpools, vanpools, and buspools.	2525

(FF) "Apportionable vehicle" means any vehicle that is used	2526
or intended for use in two or more international registration plan	2527
member jurisdictions that allocate or proportionally register	2528
vehicles, that is used for the transportation of persons for hire	2529
or designed, used, or maintained primarily for the transportation	2530
of property, and that meets any of the following qualifications:	2531

(1) Is a power unit having a gross vehicle weight in excess	2532
of twenty-six thousand pounds;	2533

(2) Is a power unit having three or more axles, regardless	2534
of the gross vehicle weight;	2535

(3) Is a combination vehicle with a gross vehicle weight in	2536
excess of twenty-six thousand pounds.	2537

"Apportionable vehicle" does not include recreational	2538
vehicles, vehicles displaying restricted plates, city pick-up and	2539
delivery vehicles, buses used for the transportation of chartered	2540
parties, or vehicles owned and operated by the United States, this	2541
state, or any political subdivisions thereof.	2542

(GG) "Chartered party" means a group of persons who contract	2543
as a group to acquire the exclusive use of a passenger-carrying	2544
motor vehicle at a fixed charge for the vehicle in accordance with	2545
the carrier's tariff, lawfully on file with the United States	2546
department of transportation, for the purpose of group travel to a	2547
specified destination or for a particular itinerary, either agreed	2548
upon in advance or modified by the chartered group after having	2549
left the place of origin.	2550

(HH) "International registration plan" means a reciprocal	2551
agreement of member jurisdictions that is endorsed by the American	2552
association of motor vehicle administrators, and that promotes and	2553
encourages the fullest possible use of the highway system by	2554
authorizing apportioned registration of fleets of vehicles and	2555
recognizing registration of vehicles apportioned in member	2556
jurisdictions.	2557

(II) "Restricted plate" means a license plate that has a	2558
restriction of time, geographic area, mileage, or commodity, and	2559
includes license plates issued to farm trucks under division (J)	2560
of section 4503.04 of the Revised Code.	2561

(JJ) "Gross vehicle weight," with regard to any commercial	2562
car, trailer, semitrailer, or bus that is taxed at the rates	2563
established under section 4503.042 or 4503.65 of the Revised Code,	2564
means the unladen weight of the vehicle fully equipped plus the	2565
maximum weight of the load to be carried on the vehicle.	2566

(KK) "Combined gross vehicle weight" with regard to any	2567
combination of a commercial car, trailer, and semitrailer, that is	2568
taxed at the rates established under section 4503.042 or 4503.65	2569
of the Revised Code, means the total unladen weight of the	2570
combination of vehicles fully equipped plus the maximum weight of	2571
the load to be carried on that combination of vehicles.	2572

(LL) "Chauffeured limousine" means a motor vehicle that is	2573
designed to carry nine or fewer passengers and is operated for	2574
hire on an hourly basis pursuant to a prearranged contract for the	2575
transportation of passengers on public roads and highways along a	2576
route under the control of the person hiring the vehicle and not	2577
over a defined and regular route. "Prearranged contract" means an	2578
agreement, made in advance of boarding, to provide transportation	2579
from a specific location in a chauffeured limousine at a fixed	2580
rate per hour or trip. "Chauffeured limousine" does not include	2581
any vehicle that is used exclusively in the business of funeral	2582
directing.	2583

(MM) "Manufactured home" has the same meaning as in division	2584
(C)(4) of section 3781.06 of the Revised Code.	2585

(NN) "Acquired situs," with respect to a manufactured home or	2586
a mobile home, means to become located in this state by the	2587
placement of the home on real property, but does not include the	2588
placement of a manufactured home or a mobile home in the inventory	2589
of a new motor vehicle dealer or the inventory of a manufacturer,	2590
remanufacturer, or distributor of manufactured or mobile homes.	2591

(OO) "Electronic" includes electrical, digital, magnetic,	2592
optical, electromagnetic, or any other form of technology that	2593
entails capabilities similar to these technologies.	2594

(PP) "Electronic record" means a record generated,	2595
communicated, received, or stored by electronic means for use in	2596
an information system or for transmission from one information	2597
system to another.	2598

(QQ) "Electronic signature" means a signature in electronic	2599
form attached to or logically associated with an electronic	2600
record.	2601

(RR) "Financial transaction device" has the same meaning as	2602
in division (A) of section 113.40 of the Revised Code.	2603

(SS) "Electronic motor vehicle dealer" means a motor vehicle	2604
dealer licensed under Chapter 4517. of the Revised Code whom the	2605
registrar of motor vehicles determines meets the criteria	2606
designated in section 4503.035 of the Revised Code for electronic	2607
motor vehicle dealers and designates as an electronic motor	2608
vehicle dealer under that section.	2609

(TT) "Electric personal assistive mobility device" means a	2610
self-balancing two non-tandem wheeled device that is designed to	2611
transport only one person, has an electric propulsion system of an	2612
average of seven hundred fifty watts, and when ridden on a paved	2613
level surface by an operator who weighs one hundred seventy pounds	2614
has a maximum speed of less than twenty miles per hour.	2615

(UU) "Limited driving privileges" means the privilege to	2616
operate a motor vehicle that a court grants under section 4510.021	2617
of the Revised Code to a person whose driver's or commercial	2618
driver's license or permit or nonresident operating privilege has	2619
been suspended.	2620

(VV) "Utility vehicle" means a self-propelled vehicle	2621
designed with a bed, principally for the purpose of transporting	2622
material or cargo in connection with construction, agricultural,	2623
forestry, grounds maintenance, lawn and garden, materials	2624
handling, or similar activities. "Utility vehicle" includes a	2625
vehicle with a maximum attainable speed of twenty miles per hour	2626
or less that is used exclusively within the boundaries of state	2627
parks by state park employees or volunteers for the operation or	2628
maintenance of state park facilities.	2629

Sec. 4501.026. The registrar of motor vehicles or a deputy	2630
registrar shall ask an individual with whom the registrar or	2631
deputy registrar conducts driver's license or identification card	2632
transactions if the individual is a veteran or is currently	2633
serving in the armed forces of the United States or any reserve	2634
component of the armed forces of the United States or the Ohio	2635
national guard. If the individual claims to be a veteran or to be	2636
currently serving in the armed forces of the United States or any	2637
reserve component of the armed forces of the United States or the	2638
Ohio national guard, the registrar or deputy registrar shall	2639
provide the individual's name, address, and military status to	2640
the department of veterans services for official government	2641
purposes regarding benefits and services.	2642

Sec. 4501.03. The registrar of motor vehicles shall open an	2643
account with each county and district of registration in the	2644
state, and may assign each county and district of registration in	2645
the state a unique code for identification purposes. Except as	2646
provided in section 4501.044 or division ~~(B)~~(A) (1) of section	2647
4501.045 of the Revised Code, the registrar shall pay all moneys	2648
the registrar receives under sections 4503.02, 4503.12, and	2649
4504.09 of the Revised Code into the state treasury to the credit	2650
of the auto registration distribution fund, which is hereby	2651
created, for distribution in the manner provided for in this	2652
section and sections 4501.04, 4501.041, 4501.042, and 4501.043 of	2653
the Revised Code. All other moneys received by the registrar shall	2654
be deposited in the state bureau of motor vehicles fund	2655
established in section 4501.25 of the Revised Code for the	2656
purposes enumerated in that section, unless otherwise provided by	2657
law.	2658

All moneys credited to the auto registration distribution	2659
fund shall be distributed to the counties and districts of	2660
registration, except for funds received by the registrar under	2661
section 4504.09 of the Revised Code, after receipt of	2662
certifications from the commissioners of the sinking fund	2663
certifying, as required by sections 5528.15 and 5528.35 of the	2664
Revised Code, that there are sufficient moneys to the credit of	2665
the highway improvement bond retirement fund created by section	2666
5528.12 of the Revised Code to meet in full all payments of	2667
interest, principal, and charges for the retirement of bonds and	2668
other obligations issued pursuant to Section 2g of Article VIII,	2669
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	2670
Code due and payable during the current calendar year, and that	2671
there are sufficient moneys to the credit of the highway	2672
obligations bond retirement fund created by section 5528.32 of the	2673
Revised Code to meet in full all payments of interest, principal,	2674
and charges for the retirement of highway obligations issued	2675
pursuant to Section 2i of Article VIII, Ohio Constitution, and	2676
sections 5528.30 and 5528.31 of the Revised Code due and payable	2677
during the current calendar year, in the manner provided in	2678
section 4501.04 of the Revised Code.	2679

The treasurer of state may invest any portion of the moneys	2680
credited to the auto registration distribution fund, in the same	2681
manner and subject to all the laws with respect to the investment	2682
of state funds by the treasurer of state, and all investment	2683
earnings of the fund shall be credited to the fund.	2684

Once each month the registrar shall prepare vouchers in favor	2685
of the county auditor of each county for the amount of the tax	2686
collection pursuant to sections 4503.02 and 4503.12 of the Revised	2687
Code apportioned to the county and to the districts of	2688
registration located wholly or in part in the county auditor's	2689
county. The county auditor shall distribute the proceeds of the	2690
tax collections due the county and the districts of registration	2691
in the manner provided in section 4501.04 of the Revised Code.	2692

Once each month the registrar also shall prepare vouchers in	2693
favor of the county auditor of each county levying a county motor	2694
vehicle license tax pursuant to section 4504.02, 4504.15, or	2695
4504.16 of the Revised Code and of each county in which is located	2696
one or more townships levying a township motor vehicle license tax	2697
pursuant to section 4504.18 of the Revised Code for the amount of	2698
the tax due the county or townships in the county.	2699

All moneys received by the registrar under sections 4503.02,	2700
4503.12, and 4504.09 of the Revised Code shall be distributed to	2701
counties, townships, and municipal corporations within thirty days	2702
of the expiration of the registration year, except that a sum	2703
equal to five per cent of the total amount received under sections	2704
4503.02 and 4503.12 of the Revised Code may be reserved to make	2705
final adjustments in accordance with the formula for distribution	2706
set forth in section 4501.04 of the Revised Code. If amounts set	2707
aside to make the adjustments are inadequate, necessary	2708
adjustments shall be made immediately out of funds available for	2709
distribution for the following two registration years.	2710

Sec. 4501.044. (A) All moneys received under section 4503.65	2711
of the Revised Code and from the tax imposed by section 4503.02 of	2712
the Revised Code on vehicles that are apportionable and to which	2713
the rates specified in divisions (A)(1) to (21) and division (B)	2714
of section 4503.042 of the Revised Code apply shall be paid into	2715
the international registration plan distribution fund, which is	2716
hereby created in the state treasury, and distributed as follows:	2717

(1) First, to make payments to other states that are members	2718
of the international registration plan of the portions of	2719
registration taxes the states are eligible to receive because of	2720
the operation within their borders of apportionable vehicles that	2721
are registered in Ohio;	2722

(2) Second, two and five-tenths per cent of all the moneys	2723
received from apportionable vehicles under section 4503.65 of the	2724
Revised Code that are collected from other international	2725
registration plan jurisdictions commencing on and after October 1,	2726
2009, shall be deposited into the state highway safety fund	2727
established in section 4501.06 of the Revised Code;	2728

(3) Third, forty-two and six-tenths per cent of the moneys	2729
received from apportionable vehicles under divisions (A)(8) to	2730
(21) of section 4503.042 and forty-two and six-tenths per cent of	2731
the balance remaining from the moneys received under section	2732
4503.65 of the Revised Code after distribution under division	2733
(A)(2) of this section shall be deposited in the state treasury to	2734
the credit of the highway obligations bond retirement fund created	2735
by section 5528.32 of the Revised Code and used solely for the	2736
purposes set forth in that section, except that, from the date the	2737
commissioners of the sinking fund make the certification to the	2738
treasurer of state on the sufficiency of funds in the highway	2739
obligation bond retirement fund as required by section 5528.38 of	2740
the Revised Code, and until the thirty-first day of December of	2741
the year in which the certification is made, the amounts	2742
distributed under division (A)~~(2)~~(3) of this section shall be	2743
credited to the highway operating fund created by section 5735.291	2744
of the Revised Code;	2745

~~(3) Third~~(4) Fourth, an amount estimated as the annual costs	2746
that the department of taxation will incur in conducting audits of	2747
persons who have registered motor vehicles under the international	2748
registration plan, one-twelfth of which amount shall be paid by	2749
the registrar of motor vehicles into the international	2750
registration plan auditing fund created by section 5703.12 of the	2751
Revised Code by the fifteenth day of each month;	2752

~~(4) Fourth~~(5) Fifth, to the state bureau of motor vehicles	2753
fund established in section 4501.25 of the Revised Code, to offset	2754
operating expenses incurred by the bureau of motor vehicles in	2755
administering the international registration plan;	2756

~~(5)~~(6) Any moneys remaining in the international registration	2757
plan distribution fund after distribution under divisions (A)(1)	2758
to ~~(4)~~(5) of this section shall be distributed in accordance with	2759
division (B) of this section.	2760

(B)(1) Moneys received from the tax imposed by section	2761
4503.02 of the Revised Code on vehicles that are apportionable and	2762
to which the rates specified in divisions (A)(1) to (21) and	2763
division (B) of section 4503.042 of the Revised Code apply shall	2764
be distributed and used in the manner provided in section 4501.04	2765
of the Revised Code and rules adopted by the registrar of motor	2766
vehicles for moneys deposited to the credit of the auto	2767
registration distribution fund.	2768

(2) Moneys received from collections under section 4503.65 of	2769
the Revised Code shall be distributed under divisions (B)(2) and	2770
(3) of this section.	2771

Each county, township, and municipal corporation shall	2772
receive an amount such that the ratio that the amount of moneys	2773
received by that county, township, or municipal corporation under	2774
division (B)(1) of this section from apportionable vehicles	2775
registered in Ohio and under section 4503.65 of the Revised Code	2776
from apportionable vehicles registered in other international	2777
registration plan jurisdictions bears to the total amount of	2778
moneys received by all counties, townships, and municipal	2779
corporations under division (B)(1) of this section from	2780
apportionable vehicles registered in Ohio and under section	2781
4503.65 of the Revised Code from apportionable vehicles registered	2782
in other international registration plan jurisdictions equals the	2783
ratio that the amount of moneys that the county, township, or	2784
municipal corporation would receive from apportionable vehicles	2785
registered in Ohio were the moneys from such vehicles distributed	2786
under section 4501.04 of the Revised Code, based solely on the	2787
weight schedules contained in section 4503.042 of the Revised	2788
Code, bears to the total amount of money that all counties,	2789
townships, and municipal corporations would receive from	2790
apportionable vehicles registered in Ohio were the moneys from	2791
such vehicles distributed under section 4501.04 of the Revised	2792
Code, based solely on the weight schedules contained in section	2793
4503.042 of the Revised Code.	2794

No county, township, or municipal corporation shall receive	2795
under division (B)(2) of this section an amount greater than the	2796
amount of money that that county, township, or municipal	2797
corporation would receive from apportionable vehicles registered	2798
in Ohio were the money from the taxation of such vehicles	2799
distributed under section 4501.04 of the Revised Code based solely	2800
on the weight schedules contained in section 4503.042 of the	2801
Revised Code.	2802

(3) If, at the end of the distribution year, the total of all	2803
moneys received under section 4503.65 of the Revised Code exceeds	2804
the total moneys subject to distribution under division (B)(2) of	2805
this section, the registrar shall distribute to each county,	2806
township, and municipal corporation a portion of the excess. The	2807
excess shall be distributed to counties, townships, and municipal	2808
corporations in the same proportion that the revenues received by	2809
each county, township, and municipal corporation from collections	2810
under section 4503.02 and from collections under section 4503.65	2811
of the Revised Code during that distribution year bears to the	2812
total revenues received by counties, townships, and municipal	2813
corporations from taxes levied under section 4503.02 and from	2814
collections under section 4503.65 of the Revised Code during that	2815
distribution year.	2816

(C) All moneys received from the administrative fee imposed	2817
by division (C) of section 4503.042 of the Revised Code shall be	2818
deposited to the credit of the state bureau of motor vehicles fund	2819
established in section 4501.25 of the Revised Code, to offset	2820
operating expenses incurred by the bureau of motor vehicles in	2821
administering the international registration plan.	2822

(D) All investment earnings of the international registration	2823
plan distribution fund shall be credited to the fund.	2824

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	2825
referred to in division (O) of section 4503.04, division (E) of	2826
section 4503.042, division (B) of section 4503.07, division (C)(1)	2827
of section 4503.10, division (D) of section 4503.182, division	2828
(D)(2) of section 4507.24, division (A) of section 4508.06, and	2829
sections 4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05,	2830
4923.12, and 5502.12 of the Revised Code, and the taxes charged	2831
in section 4503.65 that are distributed in accordance with	2832
division (A)(2) of section 4501.044 of the Revised Code unless	2833
otherwise designated by law, shall be deposited in the state	2834
treasury to the credit of the state highway safety fund, which is	2835
hereby created, and shall, after receipt of certifications from	2836
the commissioners of the sinking fund certifying, as required by	2837
sections 5528.15 and 5528.35 of the Revised Code, that there are	2838
sufficient moneys to the credit of the highway improvement bond	2839
retirement fund created by section 5528.12 of the Revised Code to	2840
meet in full all payments of interest, principal, and charges for	2841
the retirement of bonds and other obligations issued pursuant to	2842
Section 2g of Article VIII, Ohio Constitution, and sections	2843
5528.10 and 5528.11 of the Revised Code due and payable during	2844
the current calendar year, and that there are sufficient moneys	2845
to the credit of the highway obligations bond retirement fund	2846
created by section 5528.32 of the Revised Code to meet in full	2847
all payments of interest, principal, and charges for the	2848
retirement of highway obligations issued pursuant to Section 2i	2849
of Article VIII, Ohio Constitution, and sections 5528.30 and	2850
5528.31 of the Revised Code due and payable during the current	2851
calendar year, be used for the purpose of enforcing and paying	2852
the expenses of administering the law relative to the	2853
registration and operation of motor vehicles on the public roads	2854
or highways. Amounts credited to the fund may also be used to pay	2855
the expenses of administering and enforcing the laws under which	2856
such fees were collected. All investment earnings of the state	2857
highway safety fund shall be credited to the fund.	2858

Sec. 4501.21. (A) There is hereby created in the state	2859
treasury the license plate contribution fund. The fund shall	2860
consist of all contributions paid by motor vehicle registrants and	2861
collected by the registrar of motor vehicles pursuant to sections	2862
4503.491, 4503.493, 4503.50, 4503.501, 4503.502, 4503.51,	2863
4503.522, 4503.523, 4503.545, 4503.55, 4503.551, 4503.552,	2864
4503.553, 4503.561, 4503.562, 4503.591, 4503.67, 4503.68,	2865
4503.69, 4503.71, 4503.711, 4503.712, 4503.72, 4503.73, 4503.74,	2866
4503.75, 4503.85, and 4503.92 of the Revised Code.	2867

(B) The registrar shall pay the contributions the registrar	2868
collects in the fund as follows:	2869

The registrar shall pay the contributions received pursuant	2870
to section 4503.491 of the Revised Code to the breast cancer fund	2871
of Ohio, which shall use that money only to pay for programs that	2872
provide assistance and education to Ohio breast cancer patients	2873
and that improve access for such patients to quality health care	2874
and clinical trials and shall not use any of the money for	2875
abortion information, counseling, services, or other	2876
abortion-related activities.	2877

The registrar shall pay the contributions received pursuant	2878
to section 4503.493 of the Revised Code to the autism society of	2879
Ohio, which shall use the contributions for programs and autism	2880
awareness efforts throughout the state.	2881

The registrar shall pay the contributions the registrar	2882
receives pursuant to section 4503.50 of the Revised Code to the	2883
future farmers of America foundation, which shall deposit the	2884
contributions into its general account to be used for educational	2885
and scholarship purposes of the future farmers of America	2886
foundation.	2887

The registrar shall pay the contributions the registrar	2888
receives pursuant to section 4503.501 of the Revised Code to the	2889
4-H youth development program of the Ohio state university	2890
extension program, which shall use those contributions to pay the	2891
expenses it incurs in conducting its educational activities.	2892

The registrar shall pay the contributions received pursuant	2893
to section 4503.502 of the Revised Code to the Ohio cattlemen's	2894
foundation, which shall use those contributions for scholarships	2895
and other educational activities.	2896

The registrar shall pay each contribution the registrar	2897
receives pursuant to section 4503.51 of the Revised Code to the	2898
university or college whose name or marking or design appears on	2899
collegiate license plates that are issued to a person under that	2900
section. A university or college that receives contributions from	2901
the fund shall deposit the contributions into its general	2902
scholarship fund.	2903

The registrar shall pay the contributions the registrar	2904
receives pursuant to section 4503.522 of the Revised Code to the	2905
"friends of Perry's victory and international peace memorial,	2906
incorporated," a nonprofit corporation organized under the laws of	2907
this state, to assist that organization in paying the expenses it	2908
incurs in sponsoring or holding charitable, educational, and	2909
cultural events at the monument.	2910

The registrar shall pay the contributions the registrar	2911
receives pursuant to section 4503.523 of the Revised Code to the	2912
fairport lights foundation, which shall use the money to pay for	2913
the restoration, maintenance, and preservation of the lighthouses	2914
of fairport harbor.	2915

The registrar shall pay the contributions the registrar	2916
receives pursuant to section 4503.55 of the Revised Code to the	2917
pro football hall of fame, which shall deposit the contributions	2918
into a special bank account that it establishes and which shall be	2919
separate and distinct from any other account the pro football hall	2920
of fame maintains, to be used exclusively for the purpose of	2921
promoting the pro football hall of fame as a travel destination.	2922

The registrar shall pay the contributions that are paid to	2923
the registrar pursuant to section 4503.545 of the Revised Code to	2924
the national rifle association foundation, which shall use the	2925
money to pay the costs of the educational activities and programs	2926
the foundation holds or sponsors in this state.	2927

~~In accordance with section 955.202 of the Revised Code, the~~	2928
The registrar shall pay to the Ohio pet fund the contributions	2929
the registrar receives pursuant to section 4503.551 of the	2930
Revised Code and any other money from any other source,	2931
including donations, gifts, and grants, that is designated by	2932
the source to be paid to the Ohio pet fund. The Ohio pet fund	2933
shall use the moneys it receives under this section ~~only~~ to	2934
support programs for the sterilization of dogs and cats and for	2935
educational programs concerning the proper veterinary care of	2936
those animals, and for expenses of the Ohio pet fund that are	2937
reasonably necessary for it to obtain and maintain its tax-exempt	2938
status and to perform its duties.	2939

The registrar shall pay the contributions the registrar	2940
receives pursuant to section 4503.552 of the Revised Code to the	2941
rock and roll hall of fame and museum, incorporated.	2942

The registrar shall pay the contributions the registrar	2943
receives pursuant to section 4503.553 of the Revised Code to the	2944
Ohio coalition for animals, incorporated, a nonprofit corporation.	2945
Except as provided in division (B) of this section, the coalition	2946
shall distribute the money to its members, and the members shall	2947
use the money only to pay for educational, charitable, and other	2948
programs of each coalition member that provide care for unwanted,	2949
abused, and neglected horses. The Ohio coalition for animals may	2950
use a portion of the money to pay for reasonable marketing costs	2951
incurred in the design and promotion of the license plate and	2952
for administrative costs incurred in the disbursement and	2953
management of funds received under this section.	2954

The registrar shall pay the contributions the registrar	2955
receives pursuant to section 4503.561 of the Revised Code to the	2956
state of Ohio chapter of ducks unlimited, inc., which shall	2957
deposit the contributions into a special bank account that it	2958
establishes. The special bank account shall be separate and	2959
distinct from any other account the state of Ohio chapter of ducks	2960
unlimited, inc., maintains and shall be used exclusively for the	2961
purpose of protecting, enhancing, restoring, and managing wetlands	2962
and conserving wildlife habitat. The state of Ohio chapter of	2963
ducks unlimited, inc., annually shall notify the registrar in	2964
writing of the name, address, and account to which such payments	2965
are to be made.	2966

The registrar shall pay the contributions the registrar	2967
receives pursuant to section 4503.562 of the Revised Code to the	2968
Mahoning river consortium, which shall use the money to pay the	2969
expenses it incurs in restoring and maintaining the Mahoning	2970
river watershed.	2971

The registrar shall pay to a sports commission created	2972
pursuant to section 4503.591 of the Revised Code each	2973
contribution the registrar receives under that section that an	2974
applicant pays to obtain license plates that bear the logo of a	2975
professional sports team located in the county of that sports	2976
commission and that is participating in the license plate program	2977
pursuant to division (E) of that section, irrespective of the	2978
county of residence of an applicant.	2979

The registrar shall pay to a community charity each	2980
contribution the registrar receives under section 4503.591 of the	2981
Revised Code that an applicant pays to obtain license plates that	2982
bear the logo of a professional sports team that is participating	2983
in the license plate program pursuant to division (G) of that	2984
section.	2985

The registrar shall pay the contributions the registrar	2986
receives pursuant to section 4503.67 of the Revised Code to the	2987
Dan Beard council of the boy scouts of America. The council shall	2988
distribute all contributions in an equitable manner throughout	2989
the state to regional councils of the boy scouts.	2990

The registrar shall pay the contributions the registrar	2991
receives pursuant to section 4503.68 of the Revised Code to the	2992
great river council of the girl scouts of the United States of	2993
America. The council shall distribute all contributions in an	2994
equitable manner throughout the state to regional councils of the	2995
girl scouts.	2996

The registrar shall pay the contributions the registrar	2997
receives pursuant to section 4503.69 of the Revised Code to the	2998
Dan Beard council of the boy scouts of America. The council shall	2999
distribute all contributions in an equitable manner throughout	3000
the state to regional councils of the boy scouts.	3001

The registrar shall pay the contributions the registrar	3002
receives pursuant to section 4503.71 of the Revised Code to the	3003
fraternal order of police of Ohio, incorporated, which shall	3004
deposit the fees into its general account to be used for purposes	3005
of the fraternal order of police of Ohio, incorporated.	3006

The registrar shall pay the contributions the registrar	3007
receives pursuant to section 4503.711 of the Revised Code to the	3008
fraternal order of police of Ohio, incorporated, which shall	3009
deposit the contributions into an account that it creates to be	3010
used for the purpose of advancing and protecting the law	3011
enforcement profession, promoting improved law enforcement	3012
methods, and teaching respect for law and order.	3013

The registrar shall pay the contributions received pursuant	3014
to section 4503.712 of the Revised Code to Ohio concerns of	3015
police survivors, which shall use those contributions to provide	3016
whatever assistance may be appropriate to the families of Ohio	3017
law enforcement officers who are killed in the line of duty.	3018

The registrar shall pay the contributions the registrar	3019
receives pursuant to section 4503.72 of the Revised Code to the	3020
organization known on March 31, 2003, as the Ohio CASA/GAL	3021
association, a private, nonprofit corporation organized under	3022
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	3023
shall use these contributions to pay the expenses it incurs in	3024
administering a program to secure the proper representation in the	3025
courts of this state of abused, neglected, and dependent children,	3026
and for the training and supervision of persons participating in	3027
that program.	3028

The registrar shall pay the contributions the registrar	3029
receives pursuant to section 4503.73 of the Revised Code to	3030
Wright B. Flyer, incorporated, which shall deposit the	3031
contributions into its general account to be used for purposes of	3032
Wright B. Flyer, incorporated.	3033

The registrar shall pay the contributions the registrar	3034
receives pursuant to section 4503.74 of the Revised Code to the	3035
Columbus zoological park association, which shall disburse the	3036
moneys to Ohio's major metropolitan zoos, as defined in section	3037
4503.74 of the Revised Code, in accordance with a written	3038
agreement entered into by the major metropolitan zoos.	3039

The registrar shall pay the contributions the registrar	3040
receives pursuant to section 4503.75 of the Revised Code to the	3041
rotary foundation, located on March 31, 2003, in Evanston,	3042
Illinois, to be placed in a fund known as the permanent fund and	3043
used to endow educational and humanitarian programs of the rotary	3044
foundation.	3045

The registrar shall pay the contributions the registrar	3046
receives pursuant to section 4503.85 of the Revised Code to the	3047
Ohio sea grant college program to be used for Lake Erie area	3048
research projects.	3049

The registrar shall pay the contributions received pursuant	3050
to section 4503.92 of the Revised Code to support our troops,	3051
incorporated, a national nonprofit corporation, which shall use	3052
those contributions in accordance with its articles of	3053
incorporation and for the benefit of servicemembers of the armed	3054
forces of the United States and their families when they are in	3055
financial need.	3056

(C) All investment earnings of the license plate contribution	3057
fund shall be credited to the fund. Not later than the first day	3058
of May of every year, the registrar shall distribute to each	3059
entity described in division (B) of this section the investment	3060
income the fund earned the previous calendar year. The amount of	3061
such a distribution paid to an entity shall be proportionate to	3062
the amount of money the entity received from the fund during the	3063
previous calendar year.	3064

Sec. 4501.34. (A) The registrar of motor vehicles may adopt	3065
and publish rules to govern the registrar's proceedings. All	3066
proceedings of the registrar shall be open to the public, and all	3067
documents in the registrar's possession are public records. The	3068
registrar shall adopt a seal bearing the inscription: "Motor	3069
Vehicle Registrar of Ohio." The seal shall be affixed to all writs	3070
and authenticated copies of records, and, when it has been so	3071
attached, the copies shall be received in evidence with the same	3072
effect as other public records. All courts shall take judicial	3073
notice of the seal.	3074

(B) Upon the request of any person accompanied by a	3075
nonrefundable fee of ~~two~~eight dollars per name, the registrar may	3076
furnish lists of names and addresses as they appear upon the	3077
applications for driver's licenses, provided that any further	3078
information contained in the applications shall not be disclosed.	3079
The registrar shall pay ~~all the fees~~two dollars of each fee	3080
collected into the state treasury to the credit of the state	3081
bureau of motor vehicles fund established in section 4501.25 of	3082
the Revised Code. Of the remaining six dollars of each such fee	3083
the registrar collects, the registrar shall deposit one dollar	3084
and twenty-five cents into the state treasury to the credit of	3085
the trauma and emergency medical services fund established in	3086
section 4513.263 of the Revised Code, one dollar and twenty-five	3087
cents into the state treasury to the credit of the homeland	3088
security fund established in section 5502.03 of the Revised Code,	3089
seventy-five cents into the state treasury to the credit of the	3090
investigations fund established in section 5502.131 of the Revised	3091
Code, two dollars and twenty-five cents into the state treasury to	3092
the credit of the emergency management agency service and	3093
reimbursement fund established in section 5502.39 of the Revised	3094
Code, and fifty cents into the state treasury to the credit of the	3095
justice program services fund established in section 5502.67 of	3096
the Revised Code.	3097

This division does not apply to the list of qualified driver	3098
licensees required to be compiled and filed pursuant to section	3099
2313.06 of the Revised Code.	3100

Sec. 4503.04. Except as provided in ~~section~~sections	3101
4503.042 and 4503.65 of the Revised Code for the registration of	3102
commercial cars, trailers, semitrailers, and certain buses, the	3103
rates of the taxes imposed by section 4503.02 of the Revised Code	3104
shall be as follows:	3105

(A) For motor vehicles having three wheels or less, the	3106
license tax is:	3107

(1) For each motorized bicycle, ten dollars;

3108

(2) For each motorcycle, fourteen dollars.

3109

(B) For each passenger car, twenty dollars;

3110

(C) For each manufactured home, each mobile home, and each	3111
travel trailer, ten dollars;	3112

(D) For each noncommercial motor vehicle designed by the	3113
manufacturer to carry a load of no more than three-quarters of one	3114
ton and for each motor home, thirty-five dollars; for each	3115
noncommercial motor vehicle designed by the manufacturer to carry	3116
a load of more than three-quarters of one ton, but not more than	3117
one ton, seventy dollars;	3118

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

3119

(1) Eighty-five cents for each one hundred pounds or part	3120
thereof for the first two thousand pounds or part thereof of	3121
weight of vehicle fully equipped;	3122

(2) One dollar and forty cents for each one hundred pounds or	3123
part thereof in excess of two thousand pounds up to and including	3124
three thousand pounds.	3125

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

3126

(1) Vehicle equipped, owned, and used by a charitable or	3127
nonprofit corporation exclusively for the purpose of administering	3128
chest x-rays or receiving blood donations;	3129

(2) Van used principally for the transportation of	3130
handicapped persons that has been modified by being equipped with	3131
adaptive equipment to facilitate the movement of such persons into	3132
and out of the van;	3133

(3) Bus used principally for the transportation of	3134
handicapped persons or persons sixty-five years of age or older;	3135

(G) Notwithstanding its weight, twenty dollars for any bus	3136
used principally for the transportation of persons in a	3137
ridesharing arrangement.	3138

(H) For each transit bus having motor power the license tax	3139
is twelve dollars.	3140

"Transit bus" means either a motor vehicle having a seating	3141
capacity of more than seven persons which is operated and used by	3142
any person in the rendition of a public mass transportation	3143
service primarily in a municipal corporation or municipal	3144
corporations and provided at least seventy-five per cent of the	3145
annual mileage of such service and use is within such municipal	3146
corporation or municipal corporations or a motor vehicle having a	3147
seating capacity of more than seven persons which is operated	3148
solely for the transportation of persons associated with a	3149
charitable or nonprofit corporation, but does not mean any motor	3150
vehicle having a seating capacity of more than seven persons when	3151
such vehicle is used in a ridesharing capacity or any bus	3152
described by division (F)(3) of this section.	3153

The application for registration of such transit bus shall be	3154
accompanied by an affidavit prescribed by the registrar of motor	3155
vehicles and signed by the person or an agent of the firm or	3156
corporation operating such bus stating that the bus has a seating	3157
capacity of more than seven persons, and that it is either to be	3158
operated and used in the rendition of a public mass transportation	3159
service and that at least seventy-five per cent of the annual	3160
mileage of such operation and use shall be within one or more	3161
municipal corporations or that it is to be operated solely for the	3162
transportation of persons associated with a charitable or	3163
nonprofit corporation.	3164

The form of the license plate, and the manner of its	3165
attachment to the vehicle, shall be prescribed by the registrar of	3166
motor vehicles.	3167

(I) The minimum tax for any vehicle having motor power other	3168
than a farm truck, a motorized bicycle, or motorcycle is ten	3169
dollars and eighty cents, and for each noncommercial trailer, five	3170
dollars.	3171

(J)(1) Except as otherwise provided in division (J) of this	3172
section, for each farm truck, except a noncommercial motor	3173
vehicle, that is owned, controlled, or operated by one or more	3174
farmers exclusively in farm use as defined in this section, and	3175
not for commercial purposes, and provided that at least	3176
seventy-five per cent of such farm use is by or for the one or	3177
more owners, controllers, or operators of the farm in the	3178
operation of which a farm truck is used, the license tax is five	3179
dollars plus:	3180

(a) Fifty cents per one hundred pounds or part thereof for	3181
the first three thousand pounds;	3182

(b) Seventy cents per one hundred pounds or part thereof in	3183
excess of three thousand pounds up to and including four thousand	3184
pounds;	3185

(c) Ninety cents per one hundred pounds or part thereof in	3186
excess of four thousand pounds up to and including six thousand	3187
pounds;	3188

(d) Two dollars for each one hundred pounds or part thereof	3189
in excess of six thousand pounds up to and including ten thousand	3190
pounds;	3191

(e) Two dollars and twenty-five cents for each one hundred	3192
pounds or part thereof in excess of ten thousand pounds;	3193

(f) The minimum license tax for any farm truck shall be	3194
twelve dollars.	3195

(2) The owner of a farm truck may register the truck for a	3196
period of one-half year by paying one-half the registration tax	3197
imposed on the truck under this chapter and one-half the amount of	3198
any tax imposed on the truck under Chapter 4504. of the Revised	3199
Code.	3200

(3) A farm bus may be registered for a period of ninety days	3201
from the date of issue of the license plates for the bus, for a	3202
fee of ten dollars, provided such license plates shall not be	3203
issued for more than any two ninety-day periods in any calendar	3204
year. Such use does not include the operation of trucks by	3205
commercial processors of agricultural products.	3206

(4) License plates for farm trucks and for farm buses shall	3207
have some distinguishing marks, letters, colors, or other	3208
characteristics to be determined by the director of public safety.	3209

(5) Every person registering a farm truck or bus under this	3210
section shall furnish an affidavit certifying that the truck or	3211
bus licensed to that person is to be so used as to meet the	3212
requirements necessary for the farm truck or farm bus	3213
classification.	3214

Any farmer may use a truck owned by the farmer for commercial	3215
purposes by paying the difference between the commercial truck	3216
registration fee and the farm truck registration fee for the	3217
remaining part of the registration period for which the truck is	3218
registered. Such remainder shall be calculated from the beginning	3219
of the semiannual period in which application for such commercial	3220
license is made.	3221

Taxes at the rates provided in this section are in lieu of	3222
all taxes on or with respect to the ownership of such motor	3223
vehicles, except as provided in section 4503.042 and section	3224
4503.06 of the Revised Code.	3225

(K) Other than trucks registered under the international	3226
registration plan in another jurisdiction and for which this state	3227
has received an apportioned registration fee, the license tax for	3228
each truck which is owned, controlled, or operated by a	3229
nonresident, and licensed in another state, and which is used	3230
exclusively for the transportation of nonprocessed agricultural	3231
products intrastate, from the place of production to the place of	3232
processing, is twenty-four dollars.	3233

"Truck," as used in this division, means any pickup truck,	3234
straight truck, semitrailer, or trailer other than a travel	3235
trailer. Nonprocessed agricultural products, as used in this	3236
division, does not include livestock or grain.	3237

A license issued under this division shall be issued for a	3238
period of one hundred thirty days in the same manner in which all	3239
other licenses are issued under this section, provided that no	3240
truck shall be so licensed for more than one	3241
one-hundred-thirty-day period during any calendar year.	3242

The license issued pursuant to this division shall consist of	3243
a windshield decal to be designed by the director of public	3244
safety.	3245

Every person registering a truck under this division shall	3246
furnish an affidavit certifying that the truck licensed to the	3247
person is to be used exclusively for the purposes specified in	3248
this division.	3249

(L) Every person registering a motor vehicle as a	3250
noncommercial motor vehicle as defined in section 4501.01 of the	3251
Revised Code, or registering a trailer as a noncommercial trailer	3252
as defined in that section, shall furnish an affidavit certifying	3253
that the motor vehicle or trailer so licensed to the person is to	3254
be so used as to meet the requirements necessary for the	3255
noncommercial vehicle classification.	3256

(M) Every person registering a van or bus as provided in	3257
divisions (F)(2) and (3) of this section shall furnish a notarized	3258
statement certifying that the van or bus licensed to the person is	3259
to be used for the purposes specified in those divisions. The form	3260
of the license plate issued for such motor vehicles shall be	3261
prescribed by the registrar.	3262

(N) Every person registering as a passenger car a motor	3263
vehicle designed and used for carrying more than nine but not more	3264
than fifteen passengers, and every person registering a bus as	3265
provided in division (G) of this section, shall furnish an	3266
affidavit certifying that the vehicle so licensed to the person is	3267
to be used in a ridesharing arrangement and that the person will	3268
have in effect whenever the vehicle is used in a ridesharing	3269
arrangement a policy of liability insurance with respect to the	3270
motor vehicle in amounts and coverages no less than those required	3271
by section 4509.79 of the Revised Code. The form of the license	3272
plate issued for such a motor vehicle shall be prescribed by the	3273
registrar.	3274

(O) Commencing on October 1, 2009, if an application for	3275
registration renewal is not applied for prior to the expiration	3276
date of the registration, the registrar or deputy registrar shall	3277
collect a fee of ten dollars for the issuance of the vehicle	3278
registration, but may waive the fee for good cause shown if the	3279
application is accompanied by supporting evidence as the registrar	3280
may require. The fee shall be in addition to all other fees	3281
established by this section. A deputy registrar shall retain fifty	3282
cents of the fee and shall transmit the remaining amount to the	3283
registrar at the time and in the manner provided by section	3284
4503.10 of the Revised Code. The registrar shall deposit all	3285
moneys received under this division into the state highway safety	3286
fund established in section 4501.06 of the Revised Code.	3287

(P) As used in this section:

3288

(1) "Van" means any motor vehicle having a single rear axle	3289
and an enclosed body without a second seat.	3290

(2) "Handicapped person" means any person who has lost the	3291
use of one or both legs, or one or both arms, or is blind, deaf,	3292
or so severely disabled as to be unable to move about without the	3293
aid of crutches or a wheelchair.	3294

(3) "Farm truck" means a truck used in the transportation	3295
from the farm of products of the farm, including livestock and its	3296
products, poultry and its products, floricultural and	3297
horticultural products, and in the transportation to the farm of	3298
supplies for the farm, including tile, fence, and every other	3299
thing or commodity used in agricultural, floricultural,	3300
horticultural, livestock, and poultry production and livestock,	3301
poultry, and other animals and things used for breeding, feeding,	3302
or other purposes connected with the operation of the farm.	3303

(4) "Farm bus" means a bus used only for the transportation	3304
of agricultural employees and used only in the transportation of	3305
such employees as are necessary in the operation of the farm.	3306

(5) "Farm supplies" includes fuel used exclusively in the	3307
operation of a farm, including one or more homes located on and	3308
used in the operation of one or more farms, and furniture and	3309
other things used in and around such homes.	3310

Sec. 4503.042. The registrar of motor vehicles shall adopt	3311
rules establishing the date, subsequent to this state's entry into	3312
membership in the international registration plan, when the rates	3313
established by this section become operative.	3314

(A) The rates of the taxes imposed by section 4503.02 of the	3315
Revised Code are as follows for commercial cars having a gross	3316
vehicle weight or combined gross vehicle weight of:	3317

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

3318

(2) More than two thousand but not more than six thousand	3319
pounds, seventy dollars;	3320

(3) More than six thousand but not more than ten thousand	3321
pounds, eighty-five dollars;	3322

(4) More than ten thousand but not more than fourteen	3323
thousand pounds, one hundred five dollars;	3324

(5) More than fourteen thousand but not more than eighteen	3325
thousand pounds, one hundred twenty-five dollars;	3326

(6) More than eighteen thousand but not more than twenty-two	3327
thousand pounds, one hundred fifty dollars;	3328

(7) More than twenty-two thousand but not more than	3329
twenty-six thousand pounds, one hundred seventy-five dollars;	3330

(8) More than twenty-six thousand but not more than thirty	3331
thousand pounds, three hundred fifty-five dollars;	3332

(9) More than thirty thousand but not more than thirty-four	3333
thousand pounds, four hundred twenty dollars;	3334

(10) More than thirty-four thousand but not more than	3335
thirty-eight thousand pounds, four hundred eighty dollars;	3336

(11) More than thirty-eight thousand but not more than	3337
forty-two thousand pounds, five hundred forty dollars;	3338

(12) More than forty-two thousand but not more than forty-six	3339
thousand pounds, six hundred dollars;	3340

(13) More than forty-six thousand but not more than fifty	3341
thousand pounds, six hundred sixty dollars;	3342

(14) More than fifty thousand but not more than fifty-four	3343
thousand pounds, seven hundred twenty-five dollars;	3344

(15) More than fifty-four thousand but not more than	3345
fifty-eight thousand pounds, seven hundred eighty-five dollars;	3346

(16) More than fifty-eight thousand but not more than	3347
sixty-two thousand pounds, eight hundred fifty-five dollars;	3348

(17) More than sixty-two thousand but not more than sixty-six	3349
thousand pounds, nine hundred twenty-five dollars;	3350

(18) More than sixty-six thousand but not more than seventy	3351
thousand pounds, nine hundred ninety-five dollars;	3352

(19) More than seventy thousand but not more than	3353
seventy-four thousand pounds, one thousand eighty dollars;	3354

(20) More than seventy-four thousand but not more than	3355
seventy-eight thousand pounds, one thousand two hundred dollars;	3356

(21) More than seventy-eight thousand pounds, one thousand	3357
three hundred forty dollars.	3358

(B) The rates of the taxes imposed by section 4503.02 of the	3359
Revised Code are as follows for buses having a gross vehicle	3360
weight or combined gross vehicle weight of:	3361

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

3362

(2) More than two thousand but not more than six thousand	3363
pounds, forty dollars;	3364

(3) More than six thousand but not more than ten thousand	3365
pounds, one hundred dollars;	3366

(4) More than ten thousand but not more than fourteen	3367
thousand pounds, one hundred eighty dollars;	3368

(5) More than fourteen thousand but not more than eighteen	3369
thousand pounds, two hundred sixty dollars;	3370

(6) More than eighteen thousand but not more than twenty-two	3371
thousand pounds, three hundred forty dollars;	3372

(7) More than twenty-two thousand but not more than	3373
twenty-six thousand pounds, four hundred twenty dollars;	3374

(8) More than twenty-six thousand but not more than thirty	3375
thousand pounds, five hundred dollars;	3376

(9) More than thirty thousand but not more than thirty-four	3377
thousand pounds, five hundred eighty dollars;	3378

(10) More than thirty-four thousand but not more than	3379
thirty-eight thousand pounds, six hundred sixty dollars;	3380

(11) More than thirty-eight thousand but not more than	3381
forty-two thousand pounds, seven hundred forty dollars;	3382

(12) More than forty-two thousand but not more than forty-six	3383
thousand pounds, eight hundred twenty dollars;	3384

(13) More than forty-six thousand but not more than fifty	3385
thousand pounds, nine hundred forty dollars;	3386

(14) More than fifty thousand but not more than fifty-four	3387
thousand pounds, one thousand dollars;	3388

(15) More than fifty-four thousand but not more than	3389
fifty-eight thousand pounds, one thousand ninety dollars;	3390

(16) More than fifty-eight thousand but not more than	3391
sixty-two thousand pounds, one thousand one hundred eighty	3392
dollars;	3393

(17) More than sixty-two thousand but not more than sixty-six	3394
thousand pounds, one thousand two hundred seventy dollars;	3395

(18) More than sixty-six thousand but not more than seventy	3396
thousand pounds, one thousand three hundred sixty dollars;	3397

(19) More than seventy thousand but not more than	3398
seventy-four thousand pounds, one thousand four hundred fifty	3399
dollars;	3400

(20) More than seventy-four thousand but not more than	3401
seventy-eight thousand pounds, one thousand five hundred forty	3402
dollars;	3403

(21) More than seventy-eight thousand pounds, one thousand	3404
six hundred thirty dollars.	3405

(C) In addition to the license taxes imposed at the rates	3406
specified in divisions (A) and (B) of this section, an	3407
administrative fee of three dollars and ~~twenty-five~~fifty cents,	3408
plus an appropriate amount to cover the cost of postage, shall be	3409
collected by the registrar for each international registration	3410
plan license processed by the registrar. ~~If the deputy registrar~~	3411
~~fees are increased on January 1, 2004, in accordance with section~~	3412
~~4503.034 of the Revised Code, the administrative fee collected~~	3413
~~under this section is three dollars and fifty cents, commencing on~~	3414
~~that date, plus postage.~~	3415

(D) The rate of the tax for each trailer and semitrailer is	3416
twenty-five dollars.	3417

(E) Commencing on October 1, 2009, if an application for	3418
registration renewal is not applied for prior to the expiration	3419
date of the registration, the registrar or deputy registrar shall	3420
collect a fee of ten dollars for the issuance of the vehicle	3421
registration, but may waive the fee for good cause shown if the	3422
application is accompanied by supporting evidence as the registrar	3423
may require. The fee shall be in addition to all other fees	3424
established by this section. A deputy registrar shall retain fifty	3425
cents of the fee and shall transmit the remaining amount to the	3426
registrar at the time and in the manner provided by section	3427
4503.10 of the Revised Code. The registrar shall deposit all	3428
moneys received under this division into the state highway safety	3429
fund established in section 4501.06 of the Revised Code.	3430

(F) The rates established by this section shall not apply to	3431
any of the following:	3432

(1) Vehicles equipped, owned, and used by a charitable or	3433
nonprofit corporation exclusively for the purpose of administering	3434
chest x-rays or receiving blood donations;	3435

(2) Vans used principally for the transportation of	3436
handicapped persons that have been modified by being equipped with	3437
adaptive equipment to facilitate the movement of such persons into	3438
and out of the vans;	3439

(3) Buses used principally for the transportation of	3440
handicapped persons or persons sixty-five years of age or older;	3441

(4) Buses used principally for the transportation of persons	3442
in a ridesharing arrangement;	3443

(5) Transit buses having motor power;

3444

(6) Noncommercial trailers, mobile homes, or manufactured	3445
homes.	3446

Sec. 4503.07. (A) In lieu of the schedule of rates for	3447
commercial cars fixed in section 4503.04 of the Revised Code, the	3448
fee shall be ten dollars for each church bus used exclusively to	3449
transport members of a church congregation to and from church	3450
services or church functions or to transport children and their	3451
authorized supervisors to and from any camping function sponsored	3452
by a nonprofit, tax-exempt, charitable or philanthropic	3453
organization. A church within the meaning of this section is an	3454
organized religious group, duly constituted with officers and a	3455
board of trustees, regularly holding religious services, and	3456
presided over or administered to by a properly accredited	3457
ecclesiastical officer, whose name and standing is published in	3458
the official publication of the officer's religious group.	3459

(B) Commencing on October 1, 2009, if an application for	3460
registration renewal is not applied for prior to the expiration	3461
date of the registration, the registrar or deputy registrar shall	3462
collect a fee of ten dollars for the issuance of the vehicle	3463
registration, but may waive the fee for good cause shown if the	3464
application is accompanied by supporting evidence as the registrar	3465
may require. The fee shall be in addition to all other fees	3466
established by this section. A deputy registrar shall retain fifty	3467
cents of the fee and shall transmit the remaining amount to the	3468
registrar at the time and in the manner provided by section	3469
4503.10 of the Revised Code. The registrar shall deposit all	3470
moneys received under this division into the state highway safety	3471
fund established in section 4501.06 of the Revised Code.	3472

(C) The application for registration of such bus shall be	3473
accompanied by the following, as applicable:	3474

~~(A)~~(1) An affidavit, prescribed by the registrar of motor	3475
vehicles and signed by either the senior pastor, minister, priest,	3476
or rabbi of the church making application or by the head of the	3477
governing body of the church making application, stating that the	3478
bus is to be used exclusively to transport members of a church	3479
congregation to and from church services or church functions or to	3480
transport children and their authorized supervisors to and from	3481
any camping function sponsored by a nonprofit, tax-exempt,	3482
charitable, or philanthropic organization;	3483

~~(B)~~(2) A certificate from the state highway patrol stating	3484
that the bus involved is safe for operation in accordance with	3485
such standards as are prescribed by the state highway patrol if	3486
the bus meets either of the following:	3487

~~(1)~~(a) It originally was designed by the manufacturer to	3488
transport sixteen or more passengers, including the driver;	3489

~~(2)~~(b) It has a gross vehicle weight rating of ten thousand	3490
one pounds or more.	3491

(D) The form of the license plate and the manner of its	3492
attachment to the vehicle shall be prescribed by the registrar.	3493

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	3494
motorcycle, and all-purpose vehicle required to be registered	3495
under section 4519.02 of the Revised Code shall file an	3496
application for registration under section 4519.03 of the Revised	3497
Code. The owner of a motor vehicle, other than a snowmobile,	3498
off-highway motorcycle, or all-purpose vehicle, that is not	3499
designed and constructed by the manufacturer for operation on a	3500
street or highway may not register it under this chapter except	3501
upon certification of inspection pursuant to section 4513.02 of	3502
the Revised Code by the sheriff, or the chief of police of the	3503
municipal corporation or township, with jurisdiction over the	3504
political subdivision in which the owner of the motor vehicle	3505
resides. Except as provided in section 4503.103 of the Revised	3506
Code, every owner of every other motor vehicle not previously	3507
described in this section and every person mentioned as owner in	3508
the last certificate of title of a motor vehicle that is operated	3509
or driven upon the public roads or highways shall cause to be	3510
filed each year, by mail or otherwise, in the office of the	3511
registrar of motor vehicles or a deputy registrar, a written or	3512
electronic application or a preprinted registration renewal notice	3513
issued under section 4503.102 of the Revised Code, the form of	3514
which shall be prescribed by the registrar, for registration for	3515
the following registration year, which shall begin on the first	3516
day of January of every calendar year and end on the thirty-first	3517
day of December in the same year. Applications for registration	3518
and registration renewal notices shall be filed at the times	3519
established by the registrar pursuant to section 4503.101 of the	3520
Revised Code. A motor vehicle owner also may elect to apply for or	3521
renew a motor vehicle registration by electronic means using	3522
electronic signature in accordance with rules adopted by the	3523
registrar. Except as provided in division (J) of this section,	3524
applications for registration shall be made on blanks furnished by	3525
the registrar for that purpose, containing the following	3526
information:	3527

(1) A brief description of the motor vehicle to be	3528
registered, including the year, make, model, and vehicle	3529
identification number, and, in the case of commercial cars, the	3530
gross weight of the vehicle fully equipped computed in the manner	3531
prescribed in section 4503.08 of the Revised Code;	3532

(2) The name and residence address of the owner, and the	3533
township and municipal corporation in which the owner resides;	3534

(3) The district of registration, which shall be determined	3535
as follows:	3536

(a) In case the motor vehicle to be registered is used for	3537
hire or principally in connection with any established business or	3538
branch business, conducted at a particular place, the district of	3539
registration is the municipal corporation in which that place is	3540
located or, if not located in any municipal corporation, the	3541
county and township in which that place is located.	3542

(b) In case the vehicle is not so used, the district of	3543
registration is the municipal corporation or county in which the	3544
owner resides at the time of making the application.	3545

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

3546

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

3547

(6) Whether the fees required to be paid for the registration	3548
or transfer of the motor vehicle, during the preceding	3549
registration year and during the preceding period of the current	3550
registration year, have been paid. Each application for	3551
registration shall be signed by the owner, either manually or by	3552
electronic signature, or pursuant to obtaining a limited power of	3553
attorney authorized by the registrar for registration, or other	3554
document authorizing such signature. If the owner elects to apply	3555
for or renew the motor vehicle registration with the registrar by	3556
electronic means, the owner's manual signature is not required.	3557

(7) The owner's social security number, driver's license	3558
number, or state identification number, or, where a motor vehicle	3559
to be registered is used for hire or principally in connection	3560
with any established business, the owner's federal taxpayer	3561
identification number. The bureau of motor vehicles shall retain	3562
in its records all social security numbers provided under this	3563
section, but the bureau shall not place social security numbers on	3564
motor vehicle certificates of registration.	3565

(B) Except as otherwise provided in this division, each time	3566
an applicant first registers a motor vehicle in the applicant's	3567
name, the applicant shall present for inspection a physical	3568
certificate of title or memorandum certificate showing title to	3569
the motor vehicle to be registered in the name of the applicant if	3570
a physical certificate of title or memorandum certificate has been	3571
issued by a clerk of a court of common pleas. If, under sections	3572
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk	3573
instead has issued an electronic certificate of title for the	3574
applicant's motor vehicle, that certificate may be presented for	3575
inspection at the time of first registration in a manner	3576
prescribed by rules adopted by the registrar. An applicant is not	3577
required to present a certificate of title to an electronic motor	3578
vehicle dealer acting as a limited authority deputy registrar in	3579
accordance with rules adopted by the registrar. When a motor	3580
vehicle inspection and maintenance program is in effect under	3581
section 3704.14 of the Revised Code and rules adopted under it,	3582
each application for registration for a vehicle required to be	3583
inspected under that section and those rules shall be accompanied	3584
by an inspection certificate for the motor vehicle issued in	3585
accordance with that section. The application shall be refused if	3586
any of the following applies:	3587

(1) The application is not in proper form.

3588

(2) The application is prohibited from being accepted by	3589
division (D) of section 2935.27, division (A) of section 2937.221,	3590
division (A) of section 4503.13, division (B) of section 4510.22,	3591
or division (B)(1) of section 4521.10 of the Revised Code.	3592

(3) A certificate of title or memorandum certificate of title	3593
is required but does not accompany the application or, in the case	3594
of an electronic certificate of title, is required but is not	3595
presented in a manner prescribed by the registrar's rules.	3596

(4) All registration and transfer fees for the motor vehicle,	3597
for the preceding year or the preceding period of the current	3598
registration year, have not been paid.	3599

(5) The owner or lessee does not have an inspection	3600
certificate for the motor vehicle as provided in section 3704.14	3601
of the Revised Code, and rules adopted under it, if that section	3602
is applicable.	3603

This section does not require the payment of license or	3604
registration taxes on a motor vehicle for any preceding year, or	3605
for any preceding period of a year, if the motor vehicle was not	3606
taxable for that preceding year or period under sections 4503.02,	3607
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	3608
Revised Code. When a certificate of registration is issued upon	3609
the first registration of a motor vehicle by or on behalf of the	3610
owner, the official issuing the certificate shall indicate the	3611
issuance with a stamp on the certificate of title or memorandum	3612
certificate or, in the case of an electronic certificate of title,	3613
an electronic stamp or other notation as specified in rules	3614
adopted by the registrar, and with a stamp on the inspection	3615
certificate for the motor vehicle, if any. The official also shall	3616
indicate, by a stamp or by other means the registrar prescribes,	3617
on the registration certificate issued upon the first registration	3618
of a motor vehicle by or on behalf of the owner the odometer	3619
reading of the motor vehicle as shown in the odometer statement	3620
included in or attached to the certificate of title. Upon each	3621
subsequent registration of the motor vehicle by or on behalf of	3622
the same owner, the official also shall so indicate the odometer	3623
reading of the motor vehicle as shown on the immediately preceding	3624
certificate of registration.	3625

The registrar shall include in the permanent registration	3626
record of any vehicle required to be inspected under section	3627
3704.14 of the Revised Code the inspection certificate number from	3628
the inspection certificate that is presented at the time of	3629
registration of the vehicle as required under this division.	3630

(C)(1) ~~Commencing with~~For each registration renewal with an	3631
expiration date ~~on or after~~before October 1, ~~2003~~2009, and for	3632
each initial application for registration received ~~on and after~~	3633
before that date, the registrar and each deputy registrar shall	3634
collect an additional fee of eleven dollars for each application	3635
for registration and registration renewal received. Except for	3636
vehicles specified in divisions (A)(1) to (21) of section 4503.042	3637
of the Revised Code, commencing with each registration renewal	3638
with an expiration date on or after October 1, 2009, and for each	3639
initial application for registration received on or after that	3640
date, the registrar and each deputy registrar shall collect an	3641
additional fee of sixteen dollars and seventy-five cents for each	3642
application for registration and registration renewal received.	3643
For vehicles specified in divisions (A)(1) to (21) of section	3644
4503.042 of the Revised Code, commencing with each registration	3645
renewal with an expiration date on or after October 1, 2009, and	3646
for each initial application received on or after that date, the	3647
registrar and deputy registrar shall collect an additional fee of	3648
thirty dollars for each application for registration and	3649
registration renewal received. The additional fee is for the	3650
purpose of defraying the department of public safety's costs	3651
associated with the administration and enforcement of the motor	3652
vehicle and traffic laws of Ohio. Each deputy registrar shall	3653
transmit the fees collected under division (C)(1) of this section	3654
in the time and manner provided in this section. The registrar	3655
shall deposit all moneys received under division (C)(1) of this	3656
section into the state highway safety fund established in section	3657
4501.06 of the Revised Code.	3658

(2) In addition, a charge of twenty-five cents shall be made	3659
for each reflectorized safety license plate issued, and a single	3660
charge of twenty-five cents shall be made for each county	3661
identification sticker or each set of county identification	3662
stickers issued, as the case may be, to cover the cost of	3663
producing the license plates and stickers, including material,	3664
manufacturing, and administrative costs. Those fees shall be in	3665
addition to the license tax. If the total cost of producing the	3666
plates is less than twenty-five cents per plate, or if the total	3667
cost of producing the stickers is less than twenty-five cents per	3668
sticker or per set issued, any excess moneys accruing from the	3669
fees shall be distributed in the same manner as provided by	3670
section 4501.04 of the Revised Code for the distribution of	3671
license tax moneys. If the total cost of producing the plates	3672
exceeds twenty-five cents per plate, or if the total cost of	3673
producing the stickers exceeds twenty-five cents per sticker or	3674
per set issued, the difference shall be paid from the license tax	3675
moneys collected pursuant to section 4503.02 of the Revised Code.	3676

(D) Each deputy registrar shall be allowed a fee of ~~two~~	3677
~~dollars and seventy-five cents commencing on July 1, 2001, three~~	3678
~~dollars and twenty-five cents commencing on January 1, 2003, and~~	3679
three dollars and fifty cents ~~commencing on January 1, 2004,~~ for	3680
each application for registration and registration renewal notice	3681
the deputy registrar receives, which shall be for the purpose of	3682
compensating the deputy registrar for the deputy registrar's	3683
services, and such office and rental expenses, as may be necessary	3684
for the proper discharge of the deputy registrar's duties in the	3685
receiving of applications and renewal notices and the issuing of	3686
registrations.	3687

(E) Upon the certification of the registrar, the county	3688
sheriff or local police officials shall recover license plates	3689
erroneously or fraudulently issued.	3690

(F) Each deputy registrar, upon receipt of any application	3691
for registration or registration renewal notice, together with the	3692
license fee and any local motor vehicle license tax levied	3693
pursuant to Chapter 4504. of the Revised Code, shall transmit that	3694
fee and tax, if any, in the manner provided in this section,	3695
together with the original and duplicate copy of the application,	3696
to the registrar. The registrar, subject to the approval of the	3697
director of public safety, may deposit the funds collected by	3698
those deputies in a local bank or depository to the credit of the	3699
"state of Ohio, bureau of motor vehicles." Where a local bank or	3700
depository has been designated by the registrar, each deputy	3701
registrar shall deposit all moneys collected by the deputy	3702
registrar into that bank or depository not more than one business	3703
day after their collection and shall make reports to the registrar	3704
of the amounts so deposited, together with any other information,	3705
some of which may be prescribed by the treasurer of state, as the	3706
registrar may require and as prescribed by the registrar by rule.	3707
The registrar, within three days after receipt of notification of	3708
the deposit of funds by a deputy registrar in a local bank or	3709
depository, shall draw on that account in favor of the treasurer	3710
of state. The registrar, subject to the approval of the director	3711
and the treasurer of state, may make reasonable rules necessary	3712
for the prompt transmittal of fees and for safeguarding the	3713
interests of the state and of counties, townships, municipal	3714
corporations, and transportation improvement districts levying	3715
local motor vehicle license taxes. The registrar may pay service	3716
charges usually collected by banks and depositories for such	3717
service. If deputy registrars are located in communities where	3718
banking facilities are not available, they shall transmit the fees	3719
forthwith, by money order or otherwise, as the registrar, by rule	3720
approved by the director and the treasurer of state, may	3721
prescribe. The registrar may pay the usual and customary fees for	3722
such service.	3723

(G) This section does not prevent any person from making an	3724
application for a motor vehicle license directly to the registrar	3725
by mail, by electronic means, or in person at any of the	3726
registrar's offices, upon payment of a service fee of ~~two dollars~~	3727
~~and seventy-five cents commencing on July 1, 2001, three dollars~~	3728
~~and twenty-five cents commencing on January 1, 2003, and~~ three	3729
dollars and fifty cents ~~commencing on January 1, 2004,~~ for each	3730
application.	3731

(H) No person shall make a false statement as to the district	3732
of registration in an application required by division (A) of this	3733
section. Violation of this division is falsification under section	3734
2921.13 of the Revised Code and punishable as specified in that	3735
section.	3736

(I)(1) Where applicable, the requirements of division (B) of	3737
this section relating to the presentation of an inspection	3738
certificate issued under section 3704.14 of the Revised Code and	3739
rules adopted under it for a motor vehicle, the refusal of a	3740
license for failure to present an inspection certificate, and the	3741
stamping of the inspection certificate by the official issuing the	3742
certificate of registration apply to the registration of and	3743
issuance of license plates for a motor vehicle under sections	3744
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	3745
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	3746
4503.47, and 4503.51 of the Revised Code.	3747

(2)(a) The registrar shall adopt rules ensuring that each	3748
owner registering a motor vehicle in a county where a motor	3749
vehicle inspection and maintenance program is in effect under	3750
section 3704.14 of the Revised Code and rules adopted under it	3751
receives information about the requirements established in that	3752
section and those rules and about the need in those counties to	3753
present an inspection certificate with an application for	3754
registration or preregistration.	3755

(b) Upon request, the registrar shall provide the director of	3756
environmental protection, or any person that has been awarded a	3757
contract under division (D) of section 3704.14 of the Revised	3758
Code, an on-line computer data link to registration information	3759
for all passenger cars, noncommercial motor vehicles, and	3760
commercial cars that are subject to that section. The registrar	3761
also shall provide to the director of environmental protection a	3762
magnetic data tape containing registration information regarding	3763
passenger cars, noncommercial motor vehicles, and commercial cars	3764
for which a multi-year registration is in effect under section	3765
4503.103 of the Revised Code or rules adopted under it, including,	3766
without limitation, the date of issuance of the multi-year	3767
registration, the registration deadline established under rules	3768
adopted under section 4503.101 of the Revised Code that was	3769
applicable in the year in which the multi-year registration was	3770
issued, and the registration deadline for renewal of the	3771
multi-year registration.	3772

(J) Application for registration under the international	3773
registration plan, as set forth in sections 4503.60 to 4503.66 of	3774
the Revised Code, shall be made to the registrar on forms	3775
furnished by the registrar. In accordance with international	3776
registration plan guidelines and pursuant to rules adopted by the	3777
registrar, the forms shall include the following:	3778

(1) A uniform mileage schedule;

3779

(2) The gross vehicle weight of the vehicle or combined gross	3780
vehicle weight of the combination vehicle as declared by the	3781
registrant;	3782

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

3783

Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles	3784
may adopt rules to permit any person or lessee, other than a	3785
person receiving an apportioned license plate under the	3786
international registration plan, who owns or leases one or more	3787
motor vehicles to file a written application for registration for	3788
no more than five succeeding registration years. The rules adopted	3789
by the registrar may designate the classes of motor vehicles that	3790
are eligible for such registration. At the time of application,	3791
all annual taxes and fees shall be paid for each year for which	3792
the person is registering.	3793

(ii) ~~The~~Not later than October 1, 2009, the registrar shall	3794
adopt rules to permit any person or lessee who owns or leases two	3795
or more trailers or semitrailers that are subject to the tax rates	3796
prescribed in section 4503.042 of the Revised Code for such	3797
trailers or semitrailers to file a written application for	3798
registration for not more than five succeeding registration years.	3799
At the time of application, all annual taxes and fees shall be	3800
paid for each year for which the person is registering.	3801

(b)(i) Except as provided in division (A)(1)(b)(ii) of this	3802
section, the registrar shall adopt rules to permit any person who	3803
owns a motor vehicle to file an application for registration for	3804
the next two succeeding registration years. At the time of	3805
application, the person shall pay the annual taxes and fees for	3806
each registration year, calculated in accordance with division (C)	3807
of section 4503.11 of the Revised Code. A person who is	3808
registering a vehicle under division (A)(1)(b) of this section	3809
shall pay for each year of registration the additional fee	3810
established under division (C)(1) of section 4503.10 of the	3811
Revised Code. The person shall also pay one and one-half times the	3812
amount of the deputy registrar service fee specified in division	3813
(D) of section 4503.10 of the Revised Code or the bureau of motor	3814
vehicles service fee specified in division (G) of that section, as	3815
applicable.	3816

(ii) Division (A)(1)(b)(i) of this section does not apply to	3817
a person receiving an apportioned license plate under the	3818
international registration plan, or the owner of a commercial car	3819
used solely in intrastate commerce, or the owner of a bus as	3820
defined in section 4513.50 of the Revised Code.	3821

(2) No person applying for a multi-year registration under	3822
division (A)(1) of this section is entitled to a refund of any	3823
taxes or fees paid.	3824

(3) The registrar shall not issue to any applicant who has	3825
been issued a final, nonappealable order under division (B) of	3826
this section a multi-year registration or renewal thereof under	3827
this division or rules adopted under it for any motor vehicle that	3828
is required to be inspected under section 3704.14 of the Revised	3829
Code the district of registration of which, as determined under	3830
section 4503.10 of the Revised Code, is or is located in the	3831
county named in the order.	3832

(B) Upon receipt from the director of environmental	3833
protection of a notice issued under rules adopted under section	3834
3704.14 of the Revised Code indicating that an owner of a motor	3835
vehicle that is required to be inspected under that section who	3836
obtained a multi-year registration for the vehicle under division	3837
(A) of this section or rules adopted under that division has not	3838
obtained a required inspection certificate for the vehicle, the	3839
registrar in accordance with Chapter 119. of the Revised Code	3840
shall issue an order to the owner impounding the certificate of	3841
registration and identification license plates for the vehicle.	3842
The order also shall prohibit the owner from obtaining or renewing	3843
a multi-year registration for any vehicle that is required to be	3844
inspected under that section, the district of registration of	3845
which is or is located in the same county as the county named in	3846
the order during the number of years after expiration of the	3847
current multi-year registration that equals the number of years	3848
for which the current multi-year registration was issued.	3849

An order issued under this division shall require the owner	3850
to surrender to the registrar the certificate of registration and	3851
license plates for the vehicle named in the order within five days	3852
after its issuance. If the owner fails to do so within that time,	3853
the registrar shall certify that fact to the county sheriff or	3854
local police officials who shall recover the certificate of	3855
registration and license plates for the vehicle.	3856

(C) Upon the occurrence of either of the following	3857
circumstances, the registrar in accordance with Chapter 119. of	3858
the Revised Code shall issue to the owner a modified order	3859
rescinding the provisions of the order issued under division (B)	3860
of this section impounding the certificate of registration and	3861
license plates for the vehicle named in that original order:	3862

(1) Receipt from the director of environmental protection of	3863
a subsequent notice under rules adopted under section 3704.14 of	3864
the Revised Code that the owner has obtained the inspection	3865
certificate for the vehicle as required under those rules;	3866

(2) Presentation to the registrar by the owner of the	3867
required inspection certificate for the vehicle.	3868

(D) The owner of a motor vehicle for which the certificate of	3869
registration and license plates have been impounded pursuant to an	3870
order issued under division (B) of this section, upon issuance of	3871
a modified order under division (C) of this section, may apply to	3872
the registrar for their return. A fee of two dollars and fifty	3873
cents shall be charged for the return of the certificate of	3874
registration and license plates for each vehicle named in the	3875
application.	3876

Sec. 4503.182. (A) A purchaser of a motor vehicle, upon	3877
application and proof of purchase of the vehicle, may be issued a	3878
temporary license placard or windshield sticker for the motor	3879
vehicle.	3880

The purchaser of a vehicle applying for a temporary license	3881
placard or windshield sticker under this section shall execute an	3882
affidavit stating that the purchaser has not been issued	3883
previously during the current registration year a license plate	3884
that could legally be transferred to the vehicle.	3885

Placards or windshield stickers shall be issued only for the	3886
applicant's use of the vehicle to enable the applicant to legally	3887
operate the motor vehicle while proper title, license plates, and	3888
a certificate of registration are being obtained, and shall be	3889
displayed on no other motor vehicle.	3890

Placards or windshield stickers issued under this section are	3891
valid for a period of thirty days from date of issuance and are	3892
not transferable or renewable.	3893

The fee for the placards or windshield stickers issued under	3894
this section is two dollars plus a service fee of ~~two dollars and~~	3895
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	3896
~~twenty-five cents commencing on January 1, 2003, and~~ three dollars	3897
and fifty cents ~~commencing on January 1, 2004~~.	3898

(B)(1) The registrar of motor vehicles may issue to a	3899
motorized bicycle dealer or a licensed motor vehicle dealer	3900
temporary license placards to be issued to purchasers for use on	3901
vehicles sold by the dealer, in accordance with rules prescribed	3902
by the registrar. The dealer shall notify the registrar, within	3903
forty-eight hours, of the issuance of a placard by electronic	3904
means via computer equipment purchased and maintained by the	3905
dealer or in any other manner prescribed by the registrar.	3906

(2) The fee for each placard issued by the registrar to a	3907
dealer is ~~seven~~twelve dollars, of which ~~five~~ten dollars shall be	3908
deposited and used in accordance with division (D) of this	3909
section. The registrar shall charge an additional three dollars	3910
and fifty cents for each placard issued to a dealer who notifies	3911
the registrar of the issuance of the placards in a manner other	3912
than by approved electronic means.	3913

(3) When a dealer issues a temporary license placard to a	3914
purchaser, the dealer shall collect and retain the fees	3915
established under divisions (A) and (D) of this section.	3916

(C) The registrar of motor vehicles, at the registrar's	3917
discretion, may issue a temporary license placard. Such a placard	3918
may be issued in the case of extreme hardship encountered by a	3919
citizen from this state or another state who has attempted to	3920
comply with all registration laws, but for extreme circumstances	3921
is unable to properly register the citizen's vehicle.	3922

(D) In addition to the fees charged under divisions (A) and	3923
(B) of this section, commencing on October 1, 2003, the registrar	3924
and each deputy registrar shall collect a fee of five dollars and	3925
commencing on October 1, 2009, a fee of ten dollars, for each	3926
temporary license placard issued. The additional fee is for the	3927
purpose of defraying the department of public safety's costs	3928
associated with the administration and enforcement of the motor	3929
vehicle and traffic laws of Ohio. Each deputy registrar shall	3930
transmit the fees collected under this division in the same manner	3931
as provided for transmission of fees collected under division (A)	3932
of this section. The registrar shall deposit all moneys received	3933
under this division into the state highway safety fund established	3934
in section 4501.06 of the Revised Code.	3935

(E) The registrar shall adopt rules, in accordance with	3936
division (B) of section 111.15 of the Revised Code, to specify the	3937
procedures for reporting the information from applications for	3938
temporary license placards and windshield stickers and for	3939
providing the information from these applications to law	3940
enforcement agencies.	3941

(F) Temporary license placards issued under this section	3942
shall bear a distinctive combination of seven letters, numerals,	3943
or letters and numerals, and shall incorporate a security feature	3944
that, to the greatest degree possible, prevents tampering with any	3945
of the information that is entered upon a placard when it is	3946
issued.	3947

(G) Whoever violates division (A) of this section is guilty	3948
of a misdemeanor of the fourth degree. Whoever violates division	3949
(B) of this section is guilty of a misdemeanor of the first	3950
degree.	3951

(H) As used in this section, "motorized bicycle dealer" means	3952
any person engaged in the business of selling at retail,	3953
displaying, offering for sale, or dealing in motorized bicycles	3954
who is not subject to section 4503.09 of the Revised Code.	3955

Sec. 4503.26. (A) As used in this section, "registration	3956
information" means information in license plate applications on	3957
file with the bureau of motor vehicles.	3958

(B) The director of public safety may advertise for and	3959
accept sealed bids for the preparation of lists containing	3960
registration information in such form as the director authorizes.	3961
Where the expenditure is more than five hundred dollars, the	3962
director shall give notice to bidders as provided in section	3963
5513.01 of the Revised Code as for purchases by the department of	3964
transportation. The notice shall include the latest date, as	3965
determined by the director, on which bids will be accepted and the	3966
date, also determined by the director, on which bids will be	3967
opened by the director at the central office of the department of	3968
public safety. The contract to prepare the list shall be awarded	3969
to the lowest responsive and responsible bidder, in accordance	3970
with section 9.312 of the Revised Code, provided there is	3971
compliance with the specifications. Such contract shall not extend	3972
beyond twenty-four consecutive registration periods as provided in	3973
section 4503.101 of the Revised Code. The successful bidder shall	3974
furnish without charge a complete list to the bureau of motor	3975
vehicles, and shall also furnish without charge to the county	3976
sheriffs or chiefs of police in cities, at such times and in such	3977
manner as the director determines necessary, lists of registration	3978
information for the county in which they are situated. The	3979
registrar shall provide to the successful bidder all necessary	3980
information for the preparation of such lists.	3981

The registrar ~~may~~, upon application of any person and payment	3982
of the proper fee, may search the records of the bureau and ~~make~~	3983
furnish reports ~~thereof, and make photographic copies~~ of ~~the~~	3984
~~bureau~~those records ~~and attestations thereof~~under the signature	3985
of the registrar.	3986

~~Fees therefor are as follows:~~

3987

~~(A) For searches~~(C) A fee of eight dollars shall be charged	3988
and collected for each search of the records and ~~written reports~~	3989
~~thereof, two dollars for each name, number, or fact searched or~~	3990
~~reported on;~~	3991

~~(B) For photographic copies of records and attestations~~	3992
~~thereof,~~report of those records furnished under the signature and	3993
seal of the registrar~~, two dollars a copy~~. ~~Such~~A copy of any such	3994
report is prima-facie evidence of the facts therein stated, in any	3995
court.	3996

The registrar shall receive these fees and deposit ~~them~~two	3997
dollars of each such fee into the state treasury to the credit of	3998
the state bureau of motor vehicles fund established in section	3999
4501.25 of the Revised Code. Of the remaining six dollars of each	4000
such fee the registrar collects, the registrar shall deposit one	4001
dollar and twenty-five cents into the state treasury to the credit	4002
of the trauma and emergency medical services fund established in	4003
section 4513.263 of the Revised Code, one dollar and twenty-five	4004
cents into the state treasury to the credit of the homeland	4005
security fund established under section 5502.03 of the Revised	4006
Code, seventy-five cents into the state treasury to the credit of	4007
the investigations fund established in section 5502.131 of the	4008
Revised Code, two dollars and twenty-five cents into the state	4009
treasury to the credit of the emergency management agency service	4010
and reimbursement fund established in section 5502.39 of the	4011
Revised Code, and fifty cents into the state treasury to the	4012
credit of the justice program services fund established in section	4013
5502.67 of the Revised Code.	4014

Sec. 4503.65. The registrar of motor vehicles shall take all	4015
steps necessary to determine and collect~~, at the tax rates~~	4016
~~established under section 4503.042 of the Revised Code,~~ the	4017
apportioned registration tax due for vehicles registered in	4018
another international registration plan jurisdiction that lists	4019
Ohio for apportionment purposes on a uniform mileage schedule. The	4020
registration taxes to be charged shall be determined on the basis	4021
of the annual tax otherwise due on the motor vehicle, prorated in	4022
accordance with the number of months for which the motor vehicle	4023
is registered. Until October 1, 2009, such vehicles shall be taxed	4024
at the rates established under section 4503.042 of the Revised	4025
Code. The rates in this section become effective on and after	4026
October 1, 2009.	4027

(A) The rates of the taxes imposed by this section are as	4028
follows for commercial cars having a gross vehicle weight or	4029
combined gross vehicle weight of:	4030

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

4031

(2) More than two thousand but not more than six thousand	4032
pounds, seventy-two dollars;	4033

(3) More than six thousand but not more than ten thousand	4034
pounds, eighty-eight dollars;	4035

(4) More than ten thousand but not more than fourteen	4036
thousand pounds, one hundred eight dollars;	4037

(5) More than fourteen thousand but not more than eighteen	4038
thousand pounds, one hundred twenty-nine dollars;	4039

(6) More than eighteen thousand but not more than twenty-two	4040
thousand pounds, one hundred fifty-four dollars;	4041

(7) More than twenty-two thousand but not more than	4042
twenty-six thousand pounds, one hundred eighty dollars;	4043

(8) More than twenty-six thousand but not more than thirty	4044
thousand pounds, three hundred sixty-four dollars;	4045

(9) More than thirty thousand but not more than thirty-four	4046
thousand pounds, four hundred thirty-one dollars;	4047

(10) More than thirty-four thousand but not more than	4048
thirty-eight thousand pounds, four hundred ninety-two dollars;	4049

(11) More than thirty-eight thousand but not more than	4050
forty-two thousand pounds, five hundred fifty-four dollars;	4051

(12) More than forty-two thousand but not more than forty-six	4052
thousand pounds, six hundred fifteen dollars;	4053

(13) More than forty-six thousand but not more than fifty	4054
thousand pounds, six hundred seventy-seven dollars;	4055

(14) More than fifty thousand but not more than fifty-four	4056
thousand pounds, seven hundred forty-four dollars;	4057

(15) More than fifty-four thousand but not more than	4058
fifty-eight thousand pounds, eight hundred five dollars;	4059

(16) More than fifty-eight thousand but not more than	4060
sixty-two thousand pounds, eight hundred seventy-seven dollars;	4061

(17) More than sixty-two thousand but not more than sixty-six	4062
thousand pounds, nine hundred forty-nine dollars;	4063

(18) More than sixty-six thousand but not more than seventy	4064
thousand pounds, one thousand twenty dollars;	4065

(19) More than seventy thousand but not more than	4066
seventy-four thousand pounds, one thousand one hundred seven	4067
dollars;	4068

(20) More than seventy-four thousand but not more than	4069
seventy-eight thousand pounds, one thousand two hundred thirty	4070
dollars;	4071

(21) More than seventy-eight thousand pounds, one thousand	4072
three hundred seventy-three dollars and fifty cents.	4073

(B) The rates of the taxes imposed by this section are as	4074
follows for buses having a gross vehicle weight or combined gross	4075
vehicle weight of:	4076

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

4077

(2) More than two thousand but not more than six thousand	4078
pounds, forty-one dollars;	4079

(3) More than six thousand but not more than ten thousand	4080
pounds, one hundred three dollars;	4081

(4) More than ten thousand but not more than fourteen	4082
thousand pounds, one hundred eighty-five dollars;	4083

(5) More than fourteen thousand but not more than eighteen	4084
thousand pounds, two hundred sixty-seven dollars;	4085

(6) More than eighteen thousand but not more than twenty-two	4086
thousand pounds, three hundred forty-nine dollars;	4087

(7) More than twenty-two thousand but not more than	4088
twenty-six thousand pounds, four hundred thirty-one dollars;	4089

(8) More than twenty-six thousand but not more than thirty	4090
thousand pounds, five hundred thirteen dollars;	4091

(9) More than thirty thousand but not more than thirty-four	4092
thousand pounds, five hundred ninety-five dollars;	4093

(10) More than thirty-four thousand but not more than	4094
thirty-eight thousand pounds, six hundred seventy-seven dollars;	4095

(11) More than thirty-eight thousand but not more than	4096
forty-two thousand pounds, seven hundred fifty-nine dollars;	4097

(12) More than forty-two thousand but not more than forty-six	4098
thousand pounds, eight hundred forty dollars and twenty-five	4099
cents;	4100

(13) More than forty-six thousand but not more than fifty	4101
thousand pounds, nine hundred sixty dollars and twenty-five cents;	4102

(14) More than fifty thousand but not more than fifty-four	4103
thousand pounds, one thousand twenty dollars and twenty-five	4104
cents;	4105

(15) More than fifty-four thousand but not more than	4106
fifty-eight thousand pounds, one thousand one hundred ten dollars	4107
and twenty-five cents;	4108

(16) More than fifty-eight thousand but not more than	4109
sixty-two thousand pounds, one thousand two hundred dollars and	4110
twenty-five cents;	4111

(17) More than sixty-two thousand but not more than sixty-six	4112
thousand pounds, one thousand two hundred ninety dollars and	4113
twenty-five cents;	4114

(18) More than sixty-six thousand but not more than seventy	4115
thousand pounds, one thousand three hundred eighty dollars and	4116
twenty-five cents;	4117

(19) More than seventy thousand but not more than	4118
seventy-four thousand pounds, one thousand four hundred seventy	4119
dollars and twenty-five cents;	4120

(20) More than seventy-four thousand but not more than	4121
seventy-eight thousand pounds, one thousand five hundred sixty	4122
dollars and twenty-five cents;	4123

(21) More than seventy-eight thousand pounds, one thousand	4124
six hundred fifty dollars and twenty-five cents.	4125

Sec. 4505.032. (A)(1) If a person who is not an electronic	4126
motor vehicle dealer owns a motor vehicle for which a physical	4127
certificate of title has not been issued by a clerk of a court of	4128
common pleas and the person sells the motor vehicle to a motor	4129
vehicle dealer licensed under Chapter 4517. of the Revised Code,	4130
the person is not required to obtain a physical certificate of	4131
title to the motor vehicle in order to transfer ownership to the	4132
dealer. The person shall present the dealer, in a manner approved	4133
by the registrar of motor vehicles, with sufficient proof of the	4134
person's identity and complete and sign a form prescribed by the	4135
registrar attesting to the person's identity and assigning the	4136
motor vehicle to the dealer. Except as otherwise provided in this	4137
section, the motor vehicle dealer shall present the assignment	4138
form to any clerk of a court of common pleas together with an	4139
application for a certificate of title and payment of the fees	4140
prescribed by section 4505.09 of the Revised Code.	4141

In a case in which an electronic certificate of title has	4142
been issued and either the buyer or seller of the motor vehicle is	4143
an electronic motor vehicle dealer, the electronic motor vehicle	4144
dealer instead may inform a clerk of a court of common pleas via	4145
electronic means of the sale of the motor vehicle and assignment	4146
of ownership of the vehicle. The clerk shall enter the information	4147
relating to the assignment, including, but not limited to, the	4148
odometer disclosure statement required by section 4505.06 of the	4149
Revised Code, into the automated title processing system, and	4150
ownership of the vehicle passes to the applicant when the clerk	4151
enters this information into the system. The dealer is not	4152
required to obtain a physical certificate of title to the vehicle	4153
in the dealer's name.	4154

(2) A(a) Except as provided in division (A)(2)(b) of this	4155
section, a clerk shall charge and collect from a dealer a fee of	4156
~~five~~fifteen dollars for each motor vehicle assignment sent by the	4157
dealer to the clerk under division (A)(1) of this section.	4158

(b) A clerk shall charge and collect from the dealer a fee of	4159
five dollars for each motor vehicle assignment sent by the dealer	4160
to the clerk for resale purposes.	4161

(3) The ~~fee~~fees shall be distributed in accordance with	4162
section 4505.09 of the Revised Code.	4163

(B) If a person who is not an electronic motor vehicle dealer	4164
owns a motor vehicle for which a physical certificate of title has	4165
not been issued by a clerk of a court of common pleas and the	4166
person sells the motor vehicle to a person who is not a motor	4167
vehicle dealer licensed under Chapter 4517. of the Revised Code,	4168
the person shall obtain a physical certificate of title to the	4169
motor vehicle in order to transfer ownership of the vehicle to	4170
that person.	4171

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	4172
shall charge ~~a fee of five~~and retain fees as follows:	4173

(a) Five dollars for each certificate of title that is not	4174
applied for within thirty days after the later of the assignment	4175
or delivery of the motor vehicle described in it. The ~~fees~~entire	4176
fee shall be retained by the clerk.	4177

~~In addition to those fees, the clerk shall charge a fee of~~	4178
~~five~~(b) Fifteen dollars for each certificate of title,or	4179
duplicate certificate of title,including the issuance of a	4180
memorandum certificate of title, or authorization to print a	4181
non-negotiable evidence of ownership described in division (G) of	4182
section 4505.08 of the Revised Code, non-negotiable evidence of	4183
ownership printed by the clerk under division (H) of that section,	4184
and notation of any lien on a certificate of title that is applied	4185
for at the same time as the certificate of title. The clerk shall	4186
retain ~~two~~eleven dollars and ~~twenty-five~~fifty cents of ~~the~~that	4187
fee ~~charged for each certificate of title, four dollars and~~	4188
~~seventy-five cents of the fee charged for each duplicate~~	4189
~~certificate of title, all of the fees charged for each memorandum~~	4190
~~certificate, authorization to print a non-negotiable evidence of~~	4191
~~ownership, or non-negotiable evidence of ownership printed by the~~	4192
~~clerk, and four dollars and twenty-five cents of the fee charged~~	4193
~~for each notation of a lien~~.	4194

(c) Five dollars for each certificate of title with no	4195
security interest noted that is issued to a licensed motor vehicle	4196
dealer for resale purposes. The clerk shall retain two dollars and	4197
twenty-five cents of that fee.	4198

(d) Five dollars for each memorandum certificate of title or	4199
non-negotiable evidence of ownership that is applied for	4200
separately. The clerk shall retain that entire fee.	4201

(2) The ~~remaining two dollars and seventy-five cents charged~~	4202
~~for the certificate of title, the remaining twenty-five cents~~	4203
~~charged for the duplicate certificate of title, and the remaining~~	4204
~~seventy-five cents charged for the notation of any lien on a~~	4205
~~certificate of title~~fees that are not retained by the clerk shall	4206
be paid to the registrar of motor vehicles by monthly returns,	4207
which shall be forwarded to the registrar not later than the fifth	4208
day of the month next succeeding that in which the certificate is	4209
issued or that in which the registrar is notified of a lien or	4210
cancellation of a lien.	4211

(B)(1) The registrar shall pay twenty-five cents of the	4212
amount received for each certificate of title ~~and all of the~~	4213
~~amounts received for each notation of any lien and each duplicate~~	4214
~~certificate~~issued to a motor vehicle dealer for resale and one	4215
dollar for all other certificates of title issued into the state	4216
bureau of motor vehicles fund established in section 4501.25 of	4217
the Revised Code.	4218

(2) Fifty cents of the amount received for each certificate	4219
of title shall be paid by the registrar as follows:	4220

(a) Four cents shall be paid into the state treasury to the	4221
credit of the motor vehicle dealers board fund, which is hereby	4222
created. All investment earnings of the fund shall be credited to	4223
the fund. The moneys in the motor vehicle dealers board fund shall	4224
be used by the motor vehicle dealers board created under section	4225
4517.30 of the Revised Code, together with other moneys	4226
appropriated to it, in the exercise of its powers and the	4227
performance of its duties under Chapter 4517. of the Revised Code,	4228
except that the director of budget and management may transfer	4229
excess money from the motor vehicle dealers board fund to the	4230
bureau of motor vehicles fund if the registrar determines that the	4231
amount of money in the motor vehicle dealers board fund, together	4232
with other moneys appropriated to the board, exceeds the amount	4233
required for the exercise of its powers and the performance of its	4234
duties under Chapter 4517. of the Revised Code and requests the	4235
director to make the transfer.	4236

(b) Twenty-one cents shall be paid into the highway operating	4237
fund.	4238

(c) Twenty-five cents shall be paid into the state treasury	4239
to the credit of the motor vehicle sales audit fund, which is	4240
hereby created. The moneys in the fund shall be used by the tax	4241
commissioner together with other funds available to the	4242
commissioner to conduct a continuing investigation of sales and	4243
use tax returns filed for motor vehicles in order to determine if	4244
sales and use tax liability has been satisfied. The commissioner	4245
shall refer cases of apparent violations of section 2921.13 of the	4246
Revised Code made in connection with the titling or sale of a	4247
motor vehicle and cases of any other apparent violations of the	4248
sales or use tax law to the appropriate county prosecutor whenever	4249
the commissioner considers it advisable.	4250

(3) Two dollars of the amount received by the registrar for	4251
each certificate of title shall be paid into the state treasury to	4252
the credit of the automated title processing fund, which is hereby	4253
created and which shall consist of moneys collected under division	4254
(B)(3) of this section and under sections 1548.10 and 4519.59 of	4255
the Revised Code. All investment earnings of the fund shall be	4256
credited to the fund. The moneys in the fund shall be used as	4257
follows:	4258

(a) Except for moneys collected under section 1548.10 of the	4259
Revised Code and as provided in division (B)(3)(c) of this	4260
section, moneys collected under division (B)(3) of this section	4261
shall be used to implement and maintain an automated title	4262
processing system for the issuance of motor vehicle, off-highway	4263
motorcycle, and all-purpose vehicle certificates of title in the	4264
offices of the clerks of the courts of common pleas.	4265

(b) Moneys collected under section 1548.10 of the Revised	4266
Code shall be used to issue marine certificates of title in the	4267
offices of the clerks of the courts of common pleas as provided in	4268
Chapter 1548. of the Revised Code.	4269

(c) Moneys collected under division (B)(3) of this section	4270
shall be used in accordance with section 4505.25 of the Revised	4271
Code to implement Sub. S.B. 59 of the 124th general assembly.	4272

(C)(1) The automated title processing board is hereby	4273
created consisting of the registrar or the registrar's	4274
representative, a person selected by the registrar, the president	4275
of the Ohio clerks of court association or the president's	4276
representative, and two clerks of courts of common pleas	4277
appointed by the governor. The director of budget and management	4278
or the director's designee, the chief of the division of	4279
watercraft in the department of natural resources or the chief's	4280
designee, and the tax commissioner or the commissioner's designee	4281
shall be nonvoting members of the board. The purpose of the board	4282
is to facilitate the operation and maintenance of an automated	4283
title processing system and approve the procurement of automated	4284
title processing system equipment. Voting members of the board,	4285
excluding the registrar or the registrar's representative, shall	4286
serve without compensation, but shall be reimbursed for travel	4287
and other necessary expenses incurred in the conduct of their	4288
official duties. The registrar or the registrar's representative	4289
shall receive neither compensation nor reimbursement as a board	4290
member.	4291

(2) The automated title processing board shall determine each	4292
of the following:	4293

(a) The automated title processing equipment and certificates	4294
of title requirements for each county;	4295

(b) The payment of expenses that may be incurred by the	4296
counties in implementing an automated title processing system;	4297

(c) The repayment to the counties for existing title	4298
processing equipment.	4299

(3) The registrar shall purchase, lease, or otherwise acquire	4300
any automated title processing equipment and certificates of title	4301
that the board determines are necessary from moneys in the	4302
automated title processing fund established by division (B)(3) of	4303
this section.	4304

(D) All counties shall conform to the requirements of the	4305
registrar regarding the operation of their automated title	4306
processing system for motor vehicle titles, certificates of title	4307
for off-highway motorcycles and all-purpose vehicles, and	4308
certificates of title for watercraft and outboard motors.	4309

Sec. 4505.14. (A) The registrar of motor vehicles, or the	4310
clerk of the court of common pleas, upon the application of any	4311
person and payment of the proper ~~fees~~fee, may prepare and furnish	4312
lists containing title information in such form and subject to	4313
such territorial division or other classification as they may	4314
direct. The registrar or the clerk may search the records of the	4315
bureau of motor vehicles and ~~the clerk and make~~furnish reports	4316
~~thereof, and make copies~~ of ~~their title information and~~	4317
~~attestations thereof~~those records under the signature of the	4318
registrar or the clerk.	4319

(B)(1) Fees ~~therefor~~for lists containing title information	4320
shall be charged and collected as follows:	4321

~~(A)~~(a) For lists containing three thousand titles or more,	4322
twenty-five dollars per thousand or part thereof.;	4323

~~(B)~~(b) For ~~searches~~each report of a search of the records	4324
~~and written reports thereof, two dollars for~~ ~~each name, number,~~	4325
~~or fact searched or reported on.~~	4326

~~(C) For copies of records and attestations thereof~~, two	4327
dollars per copy except that on and after October 1, 2009, the	4328
fee shall be eight dollars per copy. The registrar and the clerk	4329
may certify copies of records generated by an automated title	4330
processing system.	4331

~~Such copies~~(2) A copy of any such report shall be taken as	4332
prima-facie evidence of the facts therein stated, in any court of	4333
the state. The registrar and the clerk shall furnish information	4334
on any title without charge to the state highway patrol, sheriffs,	4335
chiefs of police, or the attorney general. The clerk also may	4336
provide a copy of a certificate of title to a public agency	4337
without charge.	4338

(C)(1) Those fees collected by the registrar as provided in	4339
division (B)(1)(a) of this section shall be paid to the treasurer	4340
of state to the credit of the state bureau of motor vehicles fund	4341
established in section 4501.25 of the Revised Code. Those fees	4342
collected by the clerk as provided in division (B)(1)(a) of this	4343
section shall be paid to the certificate of title administration	4344
fund created by section 325.33 of the Revised Code.	4345

(2) Prior to October 1, 2009, the registrar shall pay those	4346
fees the registrar collects under division (B)(1)(b) of this	4347
section into the state treasury to the credit of the state bureau	4348
of motor vehicles fund established in section 4501.25 of the	4349
Revised Code. Prior to October 1, 2009, the clerk shall pay those	4350
fees the clerk collects under division (B)(1)(b) of this section	4351
to the certificate of title administration fund created by section	4352
325.33 of the Revised Code.	4353

(3) On and after October 1, 2009, the registrar shall pay two	4354
dollars of each fee the registrar collects under division	4355
(B)(1)(b) of this section into the state treasury to the credit of	4356
the state bureau of motor vehicles fund established in section	4357
4501.25 of the Revised Code. Of the remaining six dollars of each	4358
such fee the registrar collects, the registrar shall deposit one	4359
dollar and twenty-five cents into the state treasury to the credit	4360
of the trauma and emergency medical services fund established in	4361
section 4513.263 of the Revised Code, one dollar and twenty-five	4362
cents into the state treasury to the credit of the homeland	4363
security fund established under section 5502.03 of the Revised	4364
Code, seventy-five cents into the state treasury to the credit of	4365
the investigations fund established in section 5502.131 of the	4366
Revised Code, two dollars and twenty-five cents into the state	4367
treasury to the credit of the emergency management agency service	4368
and reimbursement fund established in section 5502.39 of the	4369
Revised Code, and fifty cents into the state treasury to the	4370
credit of the justice program services fund established in section	4371
5502.67 of the Revised Code.	4372

(4) On and after October 1, 2009, the clerk of the court of	4373
common pleas shall retain two dollars of each fee the clerk	4374
collects under division (B)(1)(b) of this section and deposit that	4375
two dollars into the certificate of title administration fund	4376
created by section 325.33 of the Revised Code. The clerk shall	4377
forward the remaining six dollars to the registrar not later than	4378
the fifth day of the month next succeeding that in which the	4379
transaction occurred. Of that remaining six dollars, the registrar	4380
shall deposit one dollar and twenty-five cents into the state	4381
treasury to the credit of the trauma and emergency medical	4382
services fund established in section 4513.263 of the Revised Code,	4383
one dollar and twenty-five cents into the state treasury to the	4384
credit of the homeland security fund established under section	4385
5502.03 of the Revised Code, seventy-five cents into the state	4386
treasury to the credit of the investigations fund established in	4387
section 5502.131 of the Revised Code, two dollars and twenty-five	4388
cents into the state treasury to the credit of the emergency	4389
management agency service and reimbursement fund established in	4390
section 5502.39 of the Revised Code, and fifty cents into the	4391
state treasury to the credit of the justice program services fund	4392
established in section 5502.67 of the Revised Code.	4393

Sec. 4506.07. (A) Every application for a commercial	4394
driver's license, restricted commercial driver's license, or a	4395
commercial driver's temporary instruction permit, or a duplicate	4396
of such a license, shall be made upon a form approved and	4397
furnished by the registrar of motor vehicles. Except as provided	4398
in section 4506.24 of the Revised Code in regard to a restricted	4399
commercial driver's license, the application shall be signed by	4400
the applicant and shall contain the following information:	4401

(1) The applicant's name, date of birth, social security	4402
account number, sex, general description including height, weight,	4403
and color of hair and eyes, current residence, duration of	4404
residence in this state, country of citizenship, and occupation;	4405

(2) Whether the applicant previously has been licensed to	4406
operate a commercial motor vehicle or any other type of motor	4407
vehicle in another state or a foreign jurisdiction and, if so,	4408
when, by what state, and whether the license or driving privileges	4409
currently are suspended or revoked in any jurisdiction, or the	4410
applicant otherwise has been disqualified from operating a	4411
commercial motor vehicle, or is subject to an out-of-service order	4412
issued under this chapter or any similar law of another state or a	4413
foreign jurisdiction and, if so, the date of, locations involved,	4414
and reason for the suspension, revocation, disqualification, or	4415
out-of-service order;	4416

(3) Whether the applicant is afflicted with or suffering from	4417
any physical or mental disability or disease that prevents the	4418
applicant from exercising reasonable and ordinary control over a	4419
motor vehicle while operating it upon a highway or is or has been	4420
subject to any condition resulting in episodic impairment of	4421
consciousness or loss of muscular control and, if so, the nature	4422
and extent of the disability, disease, or condition, and the names	4423
and addresses of the physicians attending the applicant;	4424

(4) Whether the applicant has obtained a medical examiner's	4425
certificate as required by this chapter;	4426

(5) Whether the applicant has pending a citation for	4427
violation of any motor vehicle law or ordinance except a parking	4428
violation and, if so, a description of the citation, the court	4429
having jurisdiction of the offense, and the date when the offense	4430
occurred;	4431

(6) Whether the applicant wishes to certify willingness to	4432
make an anatomical gift under section 2108.05 of the Revised Code,	4433
which shall be given no consideration in the issuance of a	4434
license;	4435

(7) On and after May 1, 1993, whether the applicant has	4436
executed a valid durable power of attorney for health care	4437
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	4438
executed a declaration governing the use or continuation, or the	4439
withholding or withdrawal, of life-sustaining treatment pursuant	4440
to sections 2133.01 to 2133.15 of the Revised Code and, if the	4441
applicant has executed either type of instrument, whether the	4442
applicant wishes the license issued to indicate that the applicant	4443
has executed the instrument;	4444

(8) On and after ~~the date that is fifteen months after the~~	4445
~~effective date of this amendment~~October 7, 2009, whether the	4446
applicant is ~~an honorably discharged~~a veteran, active duty, or	4447
reservist of the armed forces of the United States and, if the	4448
applicant is such ~~an honorably discharged veteran~~, whether the	4449
applicant wishes the license issued to indicate that the	4450
applicant is ~~an honorably discharged~~a veteran, active duty, or	4451
reservist of the armed forces of the United States by a military	4452
designation on the license.	4453

(B) Every applicant shall certify, on a form approved and	4454
furnished by the registrar, all of the following:	4455

(1) That the motor vehicle in which the applicant intends to	4456
take the driving skills test is representative of the type of	4457
motor vehicle that the applicant expects to operate as a driver;	4458

(2) That the applicant is not subject to any disqualification	4459
or out-of-service order, or license suspension, revocation, or	4460
cancellation, under the laws of this state, of another state, or	4461
of a foreign jurisdiction and does not have more than one driver's	4462
license issued by this or another state or a foreign jurisdiction;	4463

(3) Any additional information, certification, or evidence	4464
that the registrar requires by rule in order to ensure that the	4465
issuance of a commercial driver's license to the applicant is in	4466
compliance with the law of this state and with federal law.	4467

(C) Every applicant shall execute a form, approved and	4468
furnished by the registrar, under which the applicant consents to	4469
the release by the registrar of information from the applicant's	4470
driving record.	4471

(D) The registrar or a deputy registrar, in accordance with	4472
section 3503.11 of the Revised Code, shall register as an elector	4473
any applicant for a commercial driver's license or for a renewal	4474
or duplicate of such a license under this chapter, if the	4475
applicant is eligible and wishes to be registered as an elector.	4476
The decision of an applicant whether to register as an elector	4477
shall be given no consideration in the decision of whether to	4478
issue the applicant a license or a renewal or duplicate.	4479

(E) The registrar or a deputy registrar, in accordance with	4480
section 3503.11 of the Revised Code, shall offer the opportunity	4481
of completing a notice of change of residence or change of name to	4482
any applicant for a commercial driver's license or for a renewal	4483
or duplicate of such a license who is a resident of this state, if	4484
the applicant is a registered elector who has changed the	4485
applicant's residence or name and has not filed such a notice.	4486

(F) In considering any application submitted pursuant to this	4487
section, the bureau of motor vehicles may conduct any inquiries	4488
necessary to ensure that issuance or renewal of a commercial	4489
driver's license would not violate any provision of the Revised	4490
Code or federal law.	4491

(G) In addition to any other information it contains, on and	4492
after ~~the date that is fifteen months after the effective date of~~	4493
~~this amendment~~October 7, 2009, the form approved and furnished	4494
by the registrar of motor vehicles for an application for a	4495
commercial driver's license, restricted commercial driver's	4496
license, or a commercial driver's temporary instruction permit	4497
or an application for a duplicate of such a license shall inform	4498
applicants that the applicant must present a copy of the	4499
applicant's DD-214 or an equivalent document in order to qualify	4500
to have the license or duplicate indicate that the applicant is	4501
~~an honorably discharged~~a veteran, active duty, or reservist of	4502
the armed forces of the United States based on a request made	4503
pursuant to division (A)(8) of this section.	4504

Sec. 4506.08. (A)(1) Each application for a commercial	4505
driver's license temporary instruction permit shall be accompanied	4506
by a fee of ten dollars. Each application for a commercial	4507
driver's license, restricted commercial driver's license, renewal	4508
of such a license, or waiver for farm-related service industries	4509
shall be accompanied by a fee of twenty-five dollars, except that	4510
an application for a commercial driver's license or restricted	4511
commercial driver's license received pursuant to division (A)(3)	4512
of section 4506.14 of the Revised Code shall be accompanied by a	4513
fee of eighteen dollars and seventy-five cents if the license will	4514
expire on the licensee's birthday three years after the date of	4515
issuance, a fee of twelve dollars and fifty cents if the license	4516
will expire on the licensee's birthday two years after the date of	4517
issuance, and a fee of six dollars and twenty-five cents if the	4518
license will expire on the licensee's birthday one year after the	4519
date of issuance. Each application for a duplicate commercial	4520
driver's license shall be accompanied by a fee of ten dollars.	4521

(2) In addition, the registrar of motor vehicles or deputy	4522
registrar may collect and retain an additional fee of no more than	4523
~~two dollars and seventy-five cents commencing on July 1, 2001,~~	4524
~~three dollars and twenty-five cents commencing on January 1, 2003,~~	4525
~~and~~ three dollars and fifty cents ~~commencing on January 1, 2004,~~	4526
for each application for a commercial driver's license temporary	4527
instruction permit, commercial driver's license, renewal of a	4528
commercial driver's license, or duplicate commercial driver's	4529
license received by the registrar or deputy.	4530

(B) ~~Each deputy registrar shall transmit the fees collected~~	4531
~~under division (A)(1) of this section to the registrar at the time~~	4532
~~and in the manner prescribed by the registrar by rule. The~~	4533
~~registrar shall pay the fees into the state highway safety fund~~	4534
~~established in section 4501.06 of the Revised Code.~~	4535

~~(C)~~ In addition to the fees imposed under division (A) of	4536
this section, the registrar of motor vehicles or deputy registrar	4537
shall collect a fee of twelve dollars ~~commencing on October 1,~~	4538
~~2003,~~ for each application for a commercial driver's license	4539
temporary instruction permit, commercial driver's license, or	4540
duplicate commercial driver's license and for each application for	4541
renewal of a commercial driver's license ~~with an expiration date~~	4542
~~on or after that date received by the registrar or deputy~~	4543
~~registrar~~. The additional fee is for the purpose of defraying the	4544
department of public safety's costs associated with the	4545
administration and enforcement of the motor vehicle and traffic	4546
laws of Ohio. ~~Each~~	4547

(C) Commencing on October 1, 2009, if an application for a	4548
commercial driver's license made by a person who previously held	4549
such a license is not applied for within the period specified in	4550
section 4506.14 of the Revised Code, the registrar or deputy	4551
registrar shall collect a fee of ten dollars for the issuance of	4552
the commercial driver's license, but may waive the fee for good	4553
cause shown if the application is accompanied by supporting	4554
evidence as the registrar may require. The fee is in addition to	4555
all other fees established by this section. A deputy registrar	4556
shall retain fifty cents of the fee and shall transmit the	4557
remaining amount in accordance with division (D) of this section.	4558

(D) Each deputy registrar shall transmit the fees collected	4559
under ~~division~~divisions (A)(1), (B), and (C) of this section in	4560
the time and manner prescribed by the registrar. The registrar	4561
shall deposit all moneys received under division ~~(C)~~(D) of this	4562
section into the state highway safety fund established in section	4563
4501.06 of the Revised Code.	4564

~~(D)~~(E) Information regarding the driving record of any person	4565
holding a commercial driver's license issued by this state shall	4566
be furnished by the registrar, upon request and payment of a fee	4567
of ~~two~~eight dollars, to the employer or prospective employer of	4568
such a person and to any insurer.	4569

Of each eight-dollar fee the registrar collects under this	4570
division, the registrar shall pay two dollars into the state	4571
treasury to the credit of the state bureau of motor vehicles fund	4572
established in section 4501.25 of the Revised Code, one dollar and	4573
twenty-five cents into the state treasury to the credit of the	4574
trauma and emergency medical services fund established in section	4575
4513.263 of the Revised Code, one dollar and twenty-five cents	4576
into the state treasury to the credit of the homeland security	4577
fund established in section 5502.03 of the Revised Code,	4578
seventy-five cents into the state treasury to the credit of the	4579
investigations fund established in section 5502.131 of the Revised	4580
Code, two dollars and twenty-five cents into the state treasury to	4581
the credit of the emergency management agency service and	4582
reimbursement fund established in section 5502.39 of the Revised	4583
Code, and fifty cents into the state treasury to the credit of the	4584
justice program services fund established in section 5502.67 of	4585
the Revised Code.	4586

Sec. 4506.11. (A) Every commercial driver's license shall be	4587
marked "commercial driver's license" or "CDL" and shall be of such	4588
material and so designed as to prevent its reproduction or	4589
alteration without ready detection, and, to this end, shall be	4590
laminated with a transparent plastic material. The commercial	4591
driver's license for licensees under twenty-one years of age shall	4592
have characteristics prescribed by the registrar of motor vehicles	4593
distinguishing it from that issued to a licensee who is twenty-one	4594
years of age or older. Every commercial driver's license shall	4595
display all of the following information:	4596

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

4597

(2) A color photograph of the licensee showing the licensee's	4598
uncovered face;	4599

(3) A physical description of the licensee, including sex,	4600
height, weight, and color of eyes and hair;	4601

(4) The licensee's date of birth;

4602

(5) The licensee's social security number if the person has	4603
requested that the number be displayed in accordance with section	4604
4501.31 of the Revised Code or if federal law requires the social	4605
security number to be displayed and any number or other identifier	4606
the director of public safety considers appropriate and	4607
establishes by rules adopted under Chapter 119. of the Revised	4608
Code and in compliance with federal law;	4609

(6) The licensee's signature;

4610

(7) The classes of commercial motor vehicles the licensee is	4611
authorized to drive and any endorsements or restrictions relating	4612
to the licensee's driving of those vehicles;	4613

(8) The name of this state;

4614

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

4615

(10) If the licensee has certified willingness to make an	4616
anatomical gift under section 2108.05 of the Revised Code, any	4617
symbol chosen by the registrar of motor vehicles to indicate that	4618
the licensee has certified that willingness;	4619

(11) If the licensee has executed a durable power of attorney	4620
for health care or a declaration governing the use or	4621
continuation, or the withholding or withdrawal, of life-sustaining	4622
treatment and has specified that the licensee wishes the license	4623
to indicate that the licensee has executed either type of	4624
instrument, any symbol chosen by the registrar to indicate that	4625
the licensee has executed either type of instrument;	4626

(12) On and after ~~the date that is fifteen months after the~~	4627
~~effective date of this amendment~~October 7, 2009, if the licensee	4628
has specified that the licensee wishes the license to indicate	4629
that the licensee is ~~an honorably discharged~~a veteran, active	4630
duty, or reservist of the armed forces of the United States and	4631
has presented a copy of the licensee's DD-214 form or an	4632
equivalent document, any symbol chosen by the registrar to	4633
indicate that the licensee is ~~an honorably discharged~~a veteran,	4634
active duty, or reservist of the armed forces of the United	4635
States;	4636

(13) Any other information the registrar considers advisable	4637
and requires by rule.	4638

(B) The registrar may establish and maintain a file of	4639
negatives of photographs taken for the purposes of this section.	4640

(C) Neither the registrar nor any deputy registrar shall	4641
issue a commercial driver's license to anyone under twenty-one	4642
years of age that does not have the characteristics prescribed by	4643
the registrar distinguishing it from the commercial driver's	4644
license issued to persons who are twenty-one years of age or	4645
older.	4646

(D) Whoever violates division (C) of this section is guilty	4647
of a minor misdemeanor.	4648

Sec. 4507.05. (A) The registrar of motor vehicles, or a	4649
deputy registrar, upon receiving an application for a temporary	4650
instruction permit and a temporary instruction permit	4651
identification card for a driver's license from any person who is	4652
at least fifteen years six months of age, may issue such a permit	4653
and identification card entitling the applicant to drive a motor	4654
vehicle, other than a commercial motor vehicle, upon the highways	4655
under the following conditions:	4656

(1) If the permit is issued to a person who is at least	4657
fifteen years six months of age, but less than sixteen years of	4658
age:	4659

(a) The permit and identification card are in the holder's	4660
immediate possession;	4661

(b) The holder is accompanied by an eligible adult who	4662
actually occupies the seat beside the permit holder and does not	4663
have a prohibited concentration of alcohol in the whole blood,	4664
blood serum or plasma, breath, or urine as provided in division	4665
(A) of section 4511.19 of the Revised Code;	4666

(c) The total number of occupants of the vehicle does not	4667
exceed the total number of occupant restraining devices originally	4668
installed in the motor vehicle by its manufacturer, and each	4669
occupant of the vehicle is wearing all of the available elements	4670
of a properly adjusted occupant restraining device.	4671

(2) If the permit is issued to a person who is at least	4672
sixteen years of age:	4673

(a) The permit and identification card are in the holder's	4674
immediate possession;	4675

(b) The holder is accompanied by a licensed operator who is	4676
at least twenty-one years of age, is actually occupying a seat	4677
beside the driver, and does not have a prohibited concentration of	4678
alcohol in the whole blood, blood serum or plasma, breath, or	4679
urine as provided in division (A) of section 4511.19 of the	4680
Revised Code;	4681

(c) The total number of occupants of the vehicle does not	4682
exceed the total number of occupant restraining devices originally	4683
installed in the motor vehicle by its manufacturer, and each	4684
occupant of the vehicle is wearing all of the available elements	4685
of a properly adjusted occupant restraining device.	4686

(B) The registrar or a deputy registrar, upon receiving from	4687
any person an application for a temporary instruction permit and	4688
temporary instruction permit identification card to operate a	4689
motorcycle or motorized bicycle, may issue such a permit and	4690
identification card entitling the applicant, while having the	4691
permit and identification card in the applicant's immediate	4692
possession, to drive a motorcycle or motorized bicycle under	4693
restrictions determined by the registrar. A temporary instruction	4694
permit and temporary instruction permit identification card to	4695
operate a motorized bicycle may be issued to a person fourteen or	4696
fifteen years old.	4697

(C) Any permit and identification card issued under this	4698
section shall be issued in the same manner as a driver's license,	4699
upon a form to be furnished by the registrar. A temporary	4700
instruction permit to drive a motor vehicle other than a	4701
commercial motor vehicle shall be valid for a period of one year.	4702

(D) Any person having in the person's possession a valid and	4703
current driver's license or motorcycle operator's license or	4704
endorsement issued to the person by another jurisdiction	4705
recognized by this state is exempt from obtaining a temporary	4706
instruction permit for a driver's license, but shall submit to the	4707
regular examination in obtaining a driver's license or motorcycle	4708
operator's endorsement in this state.	4709

(E) The registrar may adopt rules governing the use of	4710
temporary instruction permits and temporary instruction permit	4711
identification cards.	4712

(F)(1) No holder of a permit issued under division (A) of	4713
this section shall operate a motor vehicle upon a highway or any	4714
public or private property used by the public for purposes of	4715
vehicular travel or parking in violation of the conditions	4716
established under division (A) of this section.	4717

(2) Except as provided in division (F)(2) of this section, no	4718
holder of a permit that is issued under division (A) of this	4719
section and that is issued on or after July 1, 1998, and who has	4720
not attained the age of eighteen years, shall operate a motor	4721
vehicle upon a highway or any public or private property used by	4722
the public for purposes of vehicular travel or parking between the	4723
hours of midnight and six a.m.	4724

The holder of a permit issued under division (A) of this	4725
section on or after July 1, 1998, who has not attained the age of	4726
eighteen years, may operate a motor vehicle upon a highway or any	4727
public or private property used by the public for purposes of	4728
vehicular travel or parking between the hours of midnight and six	4729
a.m. if, at the time of such operation, the holder is accompanied	4730
by the holder's parent, guardian, or custodian, and the parent,	4731
guardian, or custodian holds a current valid driver's or	4732
commercial driver's license issued by this state, is actually	4733
occupying a seat beside the permit holder, and does not have a	4734
prohibited concentration of alcohol in the whole blood, blood	4735
serum or plasma, breath, or urine as provided in division (A) of	4736
section 4511.19 of the Revised Code.	4737

(G)~~(1) Notwithstanding any other provision of law to the~~	4738
~~contrary, no law enforcement officer shall cause the operator of a~~	4739
~~motor vehicle being operated on any street or highway to stop the~~	4740
~~motor vehicle for the sole purpose of determining whether each~~	4741
~~occupant of the motor vehicle is wearing all of the available~~	4742
~~elements of a properly adjusted occupant restraining device as~~	4743
~~required by division (A) of this section, or for the sole purpose~~	4744
~~of issuing a ticket, citation, or summons if the requirement in~~	4745
~~that division has been or is being violated, or for causing the~~	4746
~~arrest of or commencing a prosecution of a person for a violation~~	4747
~~of that requirement.~~	4748

~~(2)~~ Notwithstanding any other provision of law to the	4749
contrary, no law enforcement officer shall cause the operator of a	4750
motor vehicle being operated on any street or highway to stop the	4751
motor vehicle for the sole purpose of determining whether a	4752
violation of division (F)(2) of this section has been or is being	4753
committed or for the sole purpose of issuing a ticket, citation,	4754
or summons for such a violation or for causing the arrest of or	4755
commencing a prosecution of a person for such violation.	4756

(H) As used in this section:

4757

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

4758

(a) An instructor of a driver training course approved by the	4759
department of public safety;	4760

(b) Any of the following persons who holds a current valid	4761
driver's or commercial driver's license issued by this state:	4762

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

4763

(ii) A person twenty-one years of age or older who acts in	4764
loco parentis of the permit holder.	4765

(2) "Occupant restraining device" has the same meaning as in	4766
section 4513.263 of the Revised Code.	4767

(I) Whoever violates division (F)(1) or (2) of this section	4768
is guilty of a minor misdemeanor.	4769

Sec. 4507.06. (A)(1) Every application for a driver's	4770
license or motorcycle operator's license or endorsement, or	4771
duplicate of any such license or endorsement, shall be made upon	4772
the approved form furnished by the registrar of motor vehicles and	4773
shall be signed by the applicant.	4774

Every application shall state the following:

4775

(a) The applicant's name, date of birth, social security	4776
number if such has been assigned, sex, general description,	4777
including height, weight, color of hair, and eyes, residence	4778
address, including county of residence, duration of residence in	4779
this state, and country of citizenship;	4780

(b) Whether the applicant previously has been licensed as an	4781
operator, chauffeur, driver, commercial driver, or motorcycle	4782
operator and, if so, when, by what state, and whether such license	4783
is suspended or canceled at the present time and, if so, the date	4784
of and reason for the suspension or cancellation;	4785

(c) Whether the applicant is now or ever has been afflicted	4786
with epilepsy, or whether the applicant now is suffering from any	4787
physical or mental disability or disease and, if so, the nature	4788
and extent of the disability or disease, giving the names and	4789
addresses of physicians then or previously in attendance upon the	4790
applicant;	4791

(d) Whether an applicant for a duplicate driver's license, or	4792
duplicate license containing a motorcycle operator endorsement has	4793
pending a citation for violation of any motor vehicle law or	4794
ordinance, a description of any such citation pending, and the	4795
date of the citation;	4796

(e) Whether the applicant wishes to certify willingness to	4797
make an anatomical gift under section 2108.05 of the Revised Code,	4798
which shall be given no consideration in the issuance of a license	4799
or endorsement;	4800

(f) Whether the applicant has executed a valid durable power	4801
of attorney for health care pursuant to sections 1337.11 to	4802
1337.17 of the Revised Code or has executed a declaration	4803
governing the use or continuation, or the withholding or	4804
withdrawal, of life-sustaining treatment pursuant to sections	4805
2133.01 to 2133.15 of the Revised Code and, if the applicant has	4806
executed either type of instrument, whether the applicant wishes	4807
the applicant's license to indicate that the applicant has	4808
executed the instrument;	4809

(g) On and after ~~the date that is fifteen months after the~~	4810
~~effective date of this amendment~~October 7, 2009, whether the	4811
applicant is ~~an honorably discharged~~a veteran, active duty, or	4812
reservist of the armed forces of the United States and, if the	4813
applicant is such ~~an honorably discharged veteran~~, whether the	4814
applicant wishes the applicant's license to indicate that the	4815
applicant is ~~an honorably discharged~~a veteran, active duty, or	4816
reservist of the armed forces of the United States by a military	4817
designation on the license.	4818

(2) Every applicant for a driver's license shall be	4819
photographed in color at the time the application for the license	4820
is made. The application shall state any additional information	4821
that the registrar requires.	4822

(B) The registrar or a deputy registrar, in accordance with	4823
section 3503.11 of the Revised Code, shall register as an elector	4824
any person who applies for a driver's license or motorcycle	4825
operator's license or endorsement under division (A) of this	4826
section, or for a renewal or duplicate of the license or	4827
endorsement, if the applicant is eligible and wishes to be	4828
registered as an elector. The decision of an applicant whether to	4829
register as an elector shall be given no consideration in the	4830
decision of whether to issue the applicant a license or	4831
endorsement, or a renewal or duplicate.	4832

(C) The registrar or a deputy registrar, in accordance with	4833
section 3503.11 of the Revised Code, shall offer the opportunity	4834
of completing a notice of change of residence or change of name to	4835
any applicant for a driver's license or endorsement under division	4836
(A) of this section, or for a renewal or duplicate of the license	4837
or endorsement, if the applicant is a registered elector who has	4838
changed the applicant's residence or name and has not filed such a	4839
notice.	4840

(D) In addition to any other information it contains, on and	4841
after ~~the date that is fifteen months after the effective date of~~	4842
~~this amendment~~October 7, 2009, the approved form furnished by	4843
the registrar of motor vehicles for an application for a	4844
driver's license or motorcycle operator's license or	4845
endorsement or an application for a duplicate of any such	4846
license or endorsement shall inform applicants that the	4847
applicant must present a copy of the applicant's DD-214 or an	4848
equivalent document in order to qualify to have the license or	4849
duplicate indicate that the applicant is ~~an honorably discharged~~	4850
a veteran, active duty, or reservist of the armed forces of the	4851
United States based on a request made pursuant to division	4852
(A)(1)(g) of this section.	4853

Sec. 4507.071. (A) No driver's license shall be issued to	4854
any person under eighteen years of age, except that a probationary	4855
license may be issued to a person who is at least sixteen years of	4856
age and has held a temporary instruction permit for a period of at	4857
least six months.	4858

(B)(1)(a) No holder of a probationary driver's license who	4859
has not attained the age of seventeen years shall operate a motor	4860
vehicle upon a highway or any public or private property used by	4861
the public for purposes of vehicular travel or parking between the	4862
hours of midnight and six a.m. unless the holder is accompanied by	4863
the holder's parent or guardian.	4864

(b) No holder of a probationary driver's license who has	4865
attained the age of seventeen years but has not attained the age	4866
of eighteen years shall operate a motor vehicle upon a highway or	4867
any public or private property used by the public for purposes of	4868
vehicular travel or parking between the hours of one a.m. and five	4869
a.m. unless the holder is accompanied by the holder's parent or	4870
guardian.	4871

(2)(a) Subject to division (D)(1)(a) of this section,	4872
division (B)(1)(a) of this section does not apply to the holder of	4873
a probationary driver's license who is traveling to or from work	4874
between the hours of midnight and six a.m. and has in the holder's	4875
immediate possession written documentation from the holder's	4876
employer.	4877

(b) Division (B)(1)(b) of this section does not apply to the	4878
holder of a probationary driver's license who is traveling to or	4879
from work between the hours of one a.m. and five a.m. and has in	4880
the holder's immediate possession written documentation from the	4881
holder's employer.	4882

(3) An employer is not liable in damages in a civil action	4883
for any injury, death, or loss to person or property that	4884
allegedly arises from, or is related to, the fact that the	4885
employer provided an employee who is the holder of a probationary	4886
driver's license with the written documentation described in	4887
division (B)(2) of this section.	4888

The registrar of motor vehicles shall make available at no	4889
cost a form to serve as the written documentation described in	4890
division (B)(2) of this section, and employers and holders of	4891
probationary driver's licenses may utilize that form or may choose	4892
to utilize any other written documentation to meet the	4893
requirements of that division.	4894

(4) No holder of a probationary driver's license who is less	4895
than seventeen years of age shall operate a motor vehicle upon a	4896
highway or any public or private property used by the public for	4897
purposes of vehicular travel or parking with more than one person	4898
who is not a family member occupying the vehicle unless the	4899
probationary license holder is accompanied by the probationary	4900
license holder's parent, guardian, or custodian.	4901

(C) It is an affirmative defense to a violation of division	4902
(B)(1)(a) or (b) of this section if, at the time of the violation,	4903
the holder of the probationary driver's license was traveling to	4904
or from an official function sponsored by the school the holder	4905
attends, or an emergency existed that required the holder to	4906
operate a motor vehicle in violation of division (B)(1)(a) or (b)	4907
of this section, or the holder was an emancipated minor.	4908

(D)(1)(a) Except as otherwise provided in division (D)(2) of	4909
this section, if a person is issued a probationary driver's	4910
license prior to attaining the age of seventeen years and the	4911
person pleads guilty to, is convicted of, or is adjudicated in	4912
juvenile court of having committed a moving violation during the	4913
six-month period commencing on the date on which the person is	4914
issued the probationary driver's license, the holder must be	4915
accompanied by the holder's parent or guardian whenever the holder	4916
is operating a motor vehicle upon a highway or any public or	4917
private property used by the public for purposes of vehicular	4918
travel or parking during whichever of the following time periods	4919
applies:	4920

(i) If, on the date the holder of the probationary driver's	4921
license pleads guilty to, is convicted of, or is adjudicated in	4922
juvenile court of having committed the moving violation, the	4923
holder has not attained the age of sixteen years six months,	4924
during the six-month period commencing on that date;	4925

(ii) If, on the date the holder pleads guilty to, is	4926
convicted of, or is adjudicated in juvenile court of having	4927
committed the moving violation, the holder has attained the age of	4928
sixteen years six months but not seventeen years, until the person	4929
attains the age of seventeen years.	4930

(b) If the holder of a probationary driver's license commits	4931
a moving violation during the six-month period after the person is	4932
issued the probationary driver's license and before the person	4933
attains the age of seventeen years and on the date the person	4934
pleads guilty to, is convicted of, or is adjudicated in juvenile	4935
court of having committed the moving violation the person has	4936
attained the age of seventeen years, or if the person commits the	4937
moving violation during the six-month period after the person is	4938
issued the probationary driver's license and after the person	4939
attains the age of seventeen years, the holder is not subject to	4940
the restriction described in divisions (D)(1)(a)(i) and (ii) of	4941
this section unless the court or juvenile court imposes such a	4942
restriction upon the holder.	4943

(2) Any person who is subject to the operating restrictions	4944
established under division (D)(1) of this section as a result of a	4945
first moving violation may petition the court for occupational or	4946
educational driving privileges without being accompanied by the	4947
holder's parent or guardian during the period of time specified in	4948
that division. The court may grant the person such driving	4949
privileges if the court finds reasonable cause to believe that the	4950
restrictions established in division (D)(1) will seriously affect	4951
the person's ability to continue in employment or educational	4952
training or will cause undue hardship on the license holder or a	4953
family member of the license holder. In granting the driving	4954
privileges, the court shall specify the purposes, times, and	4955
places of the privileges and shall issue the person appropriate	4956
forms setting forth the privileges granted. Occupational or	4957
educational driving privileges under this division shall not be	4958
granted to the same person more than once. If a person is	4959
convicted of, pleads guilty to, or is adjudicated in juvenile	4960
court of having committed a second or subsequent moving	4961
violation, any driving privileges previously granted under this	4962
division are terminated upon the subsequent conviction, plea, or	4963
adjudication.	4964

(3) No person shall violate division (D)(1)(a) of this	4965
section.	4966

(E) No holder of a probationary license shall operate a motor	4967
vehicle upon a highway or any public or private property used by	4968
the public for purposes of vehicular travel or parking unless the	4969
total number of occupants of the vehicle does not exceed the total	4970
number of occupant restraining devices originally installed in the	4971
motor vehicle by its manufacturer, and each occupant of the	4972
vehicle is wearing all of the available elements of a properly	4973
adjusted occupant restraining device.	4974

(F) A restricted license may be issued to a person who is	4975
fourteen or fifteen years of age upon proof of hardship	4976
satisfactory to the registrar of motor vehicles.	4977

(G) ~~Notwithstanding any other provision of law to the~~	4978
~~contrary, no law enforcement officer shall cause the operator of a~~	4979
~~motor vehicle being operated on any street or highway to stop the~~	4980
~~motor vehicle for the sole purpose of determining whether each~~	4981
~~occupant of the motor vehicle is wearing all of the available~~	4982
~~elements of a properly adjusted occupant restraining device as~~	4983
~~required by division (E) of this section, or for the sole purpose~~	4984
~~of issuing a ticket, citation, or summons if the requirement in~~	4985
~~that division has been or is being violated, or for causing the~~	4986
~~arrest of or commencing a prosecution of a person for a violation~~	4987
~~of that requirement.~~	4988

~~(H)~~ Notwithstanding any other provision of law to the	4989
contrary, no law enforcement officer shall cause the operator of a	4990
motor vehicle being operated on any street or highway to stop the	4991
motor vehicle for the sole purpose of determining whether a	4992
violation of division (B)(1)(a) or (b) of this section has been or	4993
is being committed or for the sole purpose of issuing a ticket,	4994
citation, or summons for such a violation or for causing the	4995
arrest of or commencing a prosecution of a person for such	4996
violation.	4997

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

4998

(1) "Occupant restraining device" has the same meaning as in	4999
section 4513.263 of the Revised Code.	5000

(2) "Family member" of a probationary license holder includes	5001
any of the following:	5002

(a) A spouse;

5003

(b) A child or stepchild;

5004

5005

(d) An aunt or uncle;

5006

(e) A sibling, whether of the whole or half blood or by	5007
adoption, a brother-in-law, or a sister-in-law;	5008

(f) A son or daughter of the probationary license holder's	5009
stepparent if the stepparent has not adopted the probationary	5010
license holder;	5011

(g) An eligible adult, as defined in section 4507.05 of the	5012
Revised Code.	5013

(3) "Moving violation" means any violation of any statute or	5014
ordinance that regulates the operation of vehicles, streetcars, or	5015
trackless trolleys on the highways or streets. "Moving violation"	5016
does not include a violation of section 4513.263 of the Revised	5017
Code or a substantially equivalent municipal ordinance, or a	5018
violation of any statute or ordinance regulating pedestrians or	5019
the parking of vehicles, vehicle size or load limitations, vehicle	5020
fitness requirements, or vehicle registration.	5021

~~(J)~~(I) Whoever violates division (B)(1) or (4), (D)(3), or	5022
(E) of this section is guilty of a minor misdemeanor.	5023

Sec. 4507.13. (A) The registrar of motor vehicles shall	5024
issue a driver's license to every person licensed as an operator	5025
of motor vehicles other than commercial motor vehicles. No person	5026
licensed as a commercial motor vehicle driver under Chapter 4506.	5027
of the Revised Code need procure a driver's license, but no person	5028
shall drive any commercial motor vehicle unless licensed as a	5029
commercial motor vehicle driver.	5030

Every driver's license shall display on it the distinguishing	5031
number assigned to the licensee and shall display the licensee's	5032
name and date of birth; the licensee's residence address and	5033
county of residence; a color photograph of the licensee; a brief	5034
description of the licensee for the purpose of identification; a	5035
facsimile of the signature of the licensee as it appears on the	5036
application for the license; a notation, in a manner prescribed by	5037
the registrar, indicating any condition described in division	5038
(D)(3) of section 4507.08 of the Revised Code to which the	5039
licensee is subject; if the licensee has executed a durable power	5040
of attorney for health care or a declaration governing the use or	5041
continuation, or the withholding or withdrawal, of life-sustaining	5042
treatment and has specified that the licensee wishes the license	5043
to indicate that the licensee has executed either type of	5044
instrument, any symbol chosen by the registrar to indicate that	5045
the licensee has executed either type of instrument; on and after	5046
~~the date that is fifteen months after the effective date of this~~	5047
~~amendment~~October 7, 2009, if the licensee has specified that the	5048
licensee wishes the license to indicate that the licensee is an	5049
~~honorably discharged~~a veteran, active duty, or reservist of the	5050
armed forces of the United States and has presented a copy of	5051
the licensee's DD-214 form or an equivalent document, any symbol	5052
chosen by the registrar to indicate that the licensee is an	5053
~~honorably discharged~~a veteran, active duty, or reservist of the	5054
armed forces of the United States; and any additional	5055
information that the registrar requires by rule. No license shall	5056
display the licensee's social security number unless the licensee	5057
specifically requests that the licensee's social security number	5058
be displayed on the license. If federal law requires the	5059
licensee's social security number to be displayed on the license,	5060
the social security number shall be displayed on the license	5061
notwithstanding this section.	5062

The driver's license for licensees under twenty-one years of	5063
age shall have characteristics prescribed by the registrar	5064
distinguishing it from that issued to a licensee who is twenty-one	5065
years of age or older, except that a driver's license issued to a	5066
person who applies no more than thirty days before the applicant's	5067
twenty-first birthday shall have the characteristics of a license	5068
issued to a person who is twenty-one years of age or older.	5069

The driver's license issued to a temporary resident shall	5070
contain the word "nonrenewable" and shall have any additional	5071
characteristics prescribed by the registrar distinguishing it from	5072
a license issued to a resident.	5073

Every driver's or commercial driver's license displaying a	5074
motorcycle operator's endorsement and every restricted license to	5075
operate a motor vehicle also shall display the designation	5076
"novice," if the endorsement or license is issued to a person who	5077
is eighteen years of age or older and previously has not been	5078
licensed to operate a motorcycle by this state or another	5079
jurisdiction recognized by this state. The "novice" designation	5080
shall be effective for one year after the date of issuance of the	5081
motorcycle operator's endorsement or license.	5082

Each license issued under this section shall be of such	5083
material and so designed as to prevent its reproduction or	5084
alteration without ready detection and, to this end, shall be	5085
laminated with a transparent plastic material.	5086

(B) Except in regard to a driver's license issued to a person	5087
who applies no more than thirty days before the applicant's	5088
twenty-first birthday, neither the registrar nor any deputy	5089
registrar shall issue a driver's license to anyone under	5090
twenty-one years of age that does not have the characteristics	5091
prescribed by the registrar distinguishing it from the driver's	5092
license issued to persons who are twenty-one years of age or	5093
older.	5094

(C) Whoever violates division (B) of this section is guilty	5095
of a minor misdemeanor.	5096

Sec. 4507.23. (A) Except as provided in division ~~(I)~~(J) of	5097
this section, each application for a temporary instruction permit	5098
and examination shall be accompanied by a fee of five dollars.	5099

(B) Except as provided in division ~~(I)~~(J) of this section,	5100
each application for a driver's license made by a person who	5101
previously held such a license and whose license has expired not	5102
more than two years prior to the date of application, and who is	5103
required under this chapter to give an actual demonstration of the	5104
person's ability to drive, shall be accompanied by a fee of three	5105
dollars in addition to any other fees.	5106

(C) Except as provided in divisions (E) and ~~(I)~~(J) of this	5107
section, each application for a driver's license, or motorcycle	5108
operator's endorsement, or renewal of a driver's license shall be	5109
accompanied by a fee of six dollars. Except as provided in	5110
division (I) of this section, each application for a duplicate	5111
driver's license shall be accompanied by a fee of two dollars and	5112
fifty cents. The duplicate driver's licenses issued under this	5113
section shall be distributed by the deputy registrar in accordance	5114
with rules adopted by the registrar of motor vehicles.	5115

(D) Except as provided in division ~~(I)~~(J) of this section,	5116
each application for a motorized bicycle license or duplicate	5117
thereof shall be accompanied by a fee of two dollars and fifty	5118
cents.	5119

(E) Except as provided in division ~~(I)~~(J) of this section,	5120
each application for a driver's license or renewal of a driver's	5121
license that will be issued to a person who is less than	5122
twenty-one years of age shall be accompanied by whichever of the	5123
following fees is applicable:	5124

(1) If the person is sixteen years of age or older, but less	5125
than seventeen years of age, a fee of seven dollars and	5126
twenty-five cents;	5127

(2) If the person is seventeen years of age or older, but	5128
less than eighteen years of age, a fee of six dollars;	5129

(3) If the person is eighteen years of age or older, but less	5130
than nineteen years of age, a fee of four dollars and seventy-five	5131
cents;	5132

(4) If the person is nineteen years of age or older, but less	5133
than twenty years of age, a fee of three dollars and fifty cents;	5134

(5) If the person is twenty years of age or older, but less	5135
than twenty-one years of age, a fee of two dollars and twenty-five	5136
cents.	5137

(F) Neither the registrar nor any deputy registrar shall	5138
charge a fee in excess of one dollar and fifty cents for	5139
laminating a driver's license, motorized bicycle license, or	5140
temporary instruction permit identification cards as required by	5141
sections 4507.13 and 4511.521 of the Revised Code. A deputy	5142
registrar laminating a driver's license, motorized bicycle	5143
license, or temporary instruction permit identification cards	5144
shall retain the entire amount of the fee charged for lamination,	5145
less the actual cost to the registrar of the laminating materials	5146
used for that lamination, as specified in the contract executed by	5147
the bureau for the laminating materials and laminating equipment.	5148
The deputy registrar shall forward the amount of the cost of the	5149
laminating materials to the registrar for deposit as provided in	5150
this section.	5151

(G) Except as provided in division ~~(I)~~(J) of this section and	5152
except for the renewal of a driver's license, commencing on	5153
October 1, 2003, each transaction described in divisions (A), (B),	5154
(C), (D), and (E) of this section shall be accompanied by an	5155
additional fee of twelve dollars. A transaction involving the	5156
renewal of a driver's license with an expiration date on or after	5157
that date shall be accompanied by an additional fee of twelve	5158
dollars. The additional fee is for the purpose of defraying the	5159
department of public safety's costs associated with the	5160
administration and enforcement of the motor vehicle and traffic	5161
laws of Ohio.	5162

(H) Except as provided in division (J) of this section,	5163
commencing on October 1, 2009, if an application for a driver's	5164
license or motorcycle operator's endorsement made by a person who	5165
previously held such a license is not applied for within the	5166
period specified in section 4507.09 of the Revised Code, the	5167
registrar or deputy registrar shall collect a fee of ten dollars	5168
for the issuance of the driver's license or motorcycle	5169
endorsement, but may waive the fee for good cause shown if the	5170
application is accompanied by supporting evidence as the registrar	5171
may require. The fee shall be in addition to all other fees	5172
established by this section. A deputy registrar collecting this	5173
ten dollar fee shall retain fifty cents and send the remaining	5174
fee to the registrar as specified in division (I) of this	5175
section.	5176

(I) At the time and in the manner provided by section 4503.10	5177
of the Revised Code, the deputy registrar shall transmit the fees	5178
collected under divisions (A), (B), (C), (D), and (E), those	5179
portions of the fees specified in and collected under division	5180
(F), and the additional fee under ~~division~~divisions (G) and (H)	5181
of this section to the registrar. The registrar shall pay two	5182
dollars and fifty cents of each fee collected under divisions (A),	5183
(B), (C), (D), and (E)(1) to (4) of this section, and the entire	5184
fee collected under division (E)(5) of this section, into the	5185
state highway safety fund established in section 4501.06 of the	5186
Revised Code, and such fees shall be used for the sole purpose of	5187
supporting driver licensing activities. The registrar also shall	5188
pay the entire fee collected under ~~division~~divisions (G) and (H)	5189
of this section into the state highway safety fund created in	5190
section 4501.06 of the Revised Code. The remaining fees collected	5191
by the registrar under this section shall be paid into the state	5192
bureau of motor vehicles fund established in section 4501.25 of	5193
the Revised Code.	5194

~~(I)~~(J) A disabled veteran who has a service-connected	5195
disability rated at one hundred per cent by the veterans'	5196
administration may apply to the registrar or a deputy registrar	5197
for the issuance to that veteran, without the payment of any fee	5198
prescribed in this section, of any of the following items:	5199

(1) A temporary instruction permit and examination;

5200

(2) A new, renewal, or duplicate driver's or commercial	5201
driver's license;	5202

(3) A motorcycle operator's endorsement;

5203

(4) A motorized bicycle license or duplicate thereof;

5204

(5) The fee established in division (H) of this section;

5205

(6) Lamination of a driver's license, motorized bicycle	5206
license, or temporary instruction permit identification card as	5207
provided in division (F) of this section, if the circumstances	5208
specified in division ~~(I)(5)~~(J)(6) of this section are met.	5209

~~If the driver's license, motorized bicycle license, or~~	5210
~~temporary instruction permit identification card of a disabled~~	5211
~~veteran described in division (I) of this section is laminated by~~	5212
~~a deputy registrar who is acting as a deputy registrar pursuant~~	5213
~~to a contract with the registrar that is in effect on October 14,~~	5214
~~1997, the disabled veteran shall be required to pay the deputy~~	5215
~~registrar the lamination fee provided in division (F) of this~~	5216
~~section. If the driver's license, motorized bicycle license, or~~	5217
~~temporary instruction permit identification card of such a~~	5218
~~disabled veteran is laminated by a deputy registrar who is acting~~	5219
~~as a deputy registrar pursuant to a contract with the registrar~~	5220
~~that is executed after October 14, 1997, the disabled veteran is~~	5221
~~not required to pay the deputy registrar the lamination fee~~	5222
~~provided in division (F) of this section.~~	5223

A disabled veteran whose driver's license, motorized bicycle	5224
license, or temporary instruction permit identification card is	5225
laminated by the registrar or deputy registrar is not required to	5226
pay the registrar any lamination fee.	5227

An application made under division ~~(I)~~(J) of this section	5228
shall be accompanied by such documentary evidence of disability as	5229
the registrar may require by rule.	5230

Sec. 4507.24. (A) Except as provided in division ~~(B)~~(C) of	5231
this section, ~~each~~the registrar of motor vehicles or a deputy	5232
registrar may collect a fee not to exceed the following:	5233

(1)~~Three dollars and seventy-five cents commencing on July 1,~~	5234
~~2001, four dollars and twenty-five cents commencing on January 1,~~	5235
~~2003, and four~~Four dollars and fifty cents commencing on January	5236
1, 2004, and five dollars and fifty cents commencing on October	5237
1, 2009, for each application for renewal of a driver's license	5238
received by the deputy registrar, when the applicant is required	5239
to submit to a screening of the applicant's vision under section	5240
4507.12 of the Revised Code;	5241

(2) ~~Two dollars and seventy-five cents commencing on July 1,~~	5242
~~2001, three dollars and twenty-five cents commencing on January 1,~~	5243
~~2003, and three~~Three dollars and fifty cents commencing on	5244
January 1, 2004, for each application for a driver's license, or	5245
motorized bicycle license, or for renewal of such a license,	5246
received by the deputy registrar, when the applicant is not	5247
required to submit to a screening of the applicant's vision under	5248
section 4507.12 of the Revised Code.	5249

(B) The fees prescribed by division (A) of this section shall	5250
be in addition to the fee for a temporary instruction permit and	5251
examination, a driver's license, a motorized bicycle license, or	5252
duplicates thereof~~, and~~. The fees retained by a deputy registrar	5253
shall compensate the deputy registrar for the deputy registrar's	5254
services, for office and rental expense, and for costs as provided	5255
in division ~~(C)~~(D) of this section, as are necessary for the	5256
proper discharge of the deputy registrar's duties under sections	5257
4507.01 to 4507.39 of the Revised Code.	5258

(C) A disabled veteran who has a service-connected disability	5259
rated at one hundred per cent by the veterans' administration is	5260
required to pay the applicable fee prescribed in division (A) of	5261
this section if the disabled veteran submits an application for a	5262
driver's license or motorized bicycle license or a renewal of	5263
either of these licenses to a deputy registrar who is acting as a	5264
deputy registrar pursuant to a contract with the registrar that is	5265
in effect on the effective date of this amendment. The disabled	5266
veteran also is required to submit with the disabled veteran's	5267
application such documentary evidence of disability as the	5268
registrar may require by rule.	5269

A disabled veteran who submits an application described in	5270
this division is not required to pay either of the fees prescribed	5271
in division (A) of this section if the disabled veteran submits	5272
the application to a deputy registrar who is acting as a deputy	5273
registrar pursuant to a contract with the registrar that is	5274
executed after the effective date of this amendment. The disabled	5275
veteran still is required to submit with the disabled veteran's	5276
application such documentary evidence of disability as the	5277
registrar may require by rule.	5278

A disabled veteran who submits an application described in	5279
this division directly to the registrar is not required to pay	5280
either of the fees prescribed in division (A) of this section if	5281
the disabled veteran submits with the disabled veteran's	5282
application such documentary evidence of disability as the	5283
registrar may require by rule.	5284

~~(C)~~(D)(1) Each deputy registrar shall transmit to the	5285
registrar of motor vehicles, at such time and in such manner as	5286
the registrar shall require by rule, an amount of each fee	5287
collected under division (A)(1) of this section as shall be	5288
determined by the registrar. The registrar shall pay all such	5289
moneys so received into the state bureau of motor vehicles fund	5290
created in section 4501.25 of the Revised Code.	5291

(2) Commencing on October 1, 2009, each deputy registrar	5292
shall transmit one dollar of each fee collected under division	5293
(A)(1) of this section to the registrar at the time and in the	5294
manner provided by section 4503.10 of the Revised Code. The	5295
registrar shall deposit all moneys received under division (D)(2)	5296
of this section into the state highway safety fund established in	5297
section 4501.06 of the Revised Code.	5298

Sec. 4507.51. (A)(1) Every application for an identification	5299
card or duplicate shall be made on a form furnished by the	5300
registrar of motor vehicles, shall be signed by the applicant, and	5301
by the applicant's parent or guardian if the applicant is under	5302
eighteen years of age, and shall contain the following information	5303
pertaining to the applicant: name, date of birth, sex, general	5304
description including the applicant's height, weight, hair color,	5305
and eye color, address, and social security number. The	5306
application also shall state whether an applicant wishes to	5307
certify willingness to make an anatomical gift under section	5308
2108.05 of the Revised Code and shall include information about	5309
the requirements of sections 2108.01 to 2108.29 of the Revised	5310
Code that apply to persons who are less than eighteen years of	5311
age. The statement regarding willingness to make such a donation	5312
shall be given no consideration in the decision of whether to	5313
issue an identification card. Each applicant shall be photographed	5314
in color at the time of making application.	5315

(2)(a) The application also shall state whether the applicant	5316
has executed a valid durable power of attorney for health care	5317
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	5318
executed a declaration governing the use or continuation, or the	5319
withholding or withdrawal, of life-sustaining treatment pursuant	5320
to sections 2133.01 to 2133.15 of the Revised Code and, if the	5321
applicant has executed either type of instrument, whether the	5322
applicant wishes the identification card issued to indicate that	5323
the applicant has executed the instrument.	5324

(b) On and after ~~the date that is fifteen months after the~~	5325
~~effective date of this amendment~~October 7, 2009, the application	5326
also shall state whether the applicant is ~~an honorably~~	5327
~~discharged~~a veteran, active duty, or reservist of the armed	5328
forces of the United States and, if the applicant is such an	5329
~~honorably discharged veteran~~, whether the applicant wishes the	5330
identification card issued to indicate that the applicant is an	5331
~~honorably discharged~~a veteran, active duty, or reservist of the	5332
armed forces of the United States by a military designation on	5333
the identification card.	5334

(3) The registrar or deputy registrar, in accordance with	5335
section 3503.11 of the Revised Code, shall register as an elector	5336
any person who applies for an identification card or duplicate if	5337
the applicant is eligible and wishes to be registered as an	5338
elector. The decision of an applicant whether to register as an	5339
elector shall be given no consideration in the decision of whether	5340
to issue the applicant an identification card or duplicate.	5341

(B) The application for an identification card or duplicate	5342
shall be filed in the office of the registrar or deputy registrar.	5343
Each applicant shall present documentary evidence as required by	5344
the registrar of the applicant's age and identity, and the	5345
applicant shall swear that all information given is true. An	5346
identification card issued by the department of rehabilitation and	5347
correction under section 5120.59 of the Revised Code shall be	5348
sufficient documentary evidence under this division. Upon issuing	5349
an identification card under this section for a person who has	5350
been issued an identification card under section 5120.59 of the	5351
Revised Code, the registrar or deputy registrar shall destroy the	5352
identification card issued under section 5120.59 of the Revised	5353
Code.	5354

All applications for an identification card or duplicate	5355
shall be filed in duplicate, and if submitted to a deputy	5356
registrar, a copy shall be forwarded to the registrar. The	5357
registrar shall prescribe rules for the manner in which a deputy	5358
registrar is to file and maintain applications and other records.	5359
The registrar shall maintain a suitable, indexed record of all	5360
applications denied and cards issued or canceled.	5361

(C) In addition to any other information it contains, on and	5362
after the date that is fifteen months after the effective date of	5363
this amendment, the form furnished by the registrar of motor	5364
vehicles for an application for an identification card or	5365
duplicate shall inform applicants that the applicant must present	5366
a copy of the applicant's DD-214 or an equivalent document in	5367
order to qualify to have the card or duplicate indicate that the	5368
applicant is an honorably discharged veteran of the armed forces	5369
of the United States based on a request made pursuant to division	5370
(A)(2)(b) of this section.	5371

Sec. 4507.52. (A) Each identification card issued by the	5372
registrar of motor vehicles or a deputy registrar shall display a	5373
distinguishing number assigned to the cardholder, and shall	5374
display the following inscription:	5375

"STATE OF OHIO IDENTIFICATION CARD	5376

This card is not valid for the purpose of operating a motor	5377
vehicle. It is provided solely for the purpose of establishing the	5378
identity of the bearer described on the card, who currently is not	5379
licensed to operate a motor vehicle in the state of Ohio."	5380

The identification card shall display substantially the same	5381
information as contained in the application and as described in	5382
division (A)(1) of section 4507.51 of the Revised Code, but shall	5383
not display the cardholder's social security number unless the	5384
cardholder specifically requests that the cardholder's social	5385
security number be displayed on the card. If federal law requires	5386
the cardholder's social security number to be displayed on the	5387
identification card, the social security number shall be displayed	5388
on the card notwithstanding this section. The identification card	5389
also shall display the color photograph of the cardholder. If the	5390
cardholder has executed a durable power of attorney for health	5391
care or a declaration governing the use or continuation, or the	5392
withholding or withdrawal, of life-sustaining treatment and has	5393
specified that the cardholder wishes the identification card to	5394
indicate that the cardholder has executed either type of	5395
instrument, the card also shall display any symbol chosen by the	5396
registrar to indicate that the cardholder has executed either type	5397
of instrument. On and after ~~the date that is fifteen months after~~	5398
~~the effectve date of this amendment~~October 7, 2009, if the	5399
cardholder has specified that the cardholder wishes the	5400
identification card to indicate that the cardholder is an	5401
~~honorably discharged~~a veteran, active duty, or reservist of the	5402
armed forces of the United States and has presented a copy of	5403
the cardholder's DD-214 form or an equivalent document, the	5404
card also shall display any symbol chosen by the registrar to	5405
indicate that the cardholder is ~~an honorably discharged~~a	5406
veteran, active duty, or reservist of the armed forces of the	5407
United States. The card shall be sealed in transparent plastic	5408
or similar material and shall be so designed as to prevent its	5409
reproduction or alteration without ready detection.	5410

The identification card for persons under twenty-one years of	5411
age shall have characteristics prescribed by the registrar	5412
distinguishing it from that issued to a person who is twenty-one	5413
years of age or older, except that an identification card issued	5414
to a person who applies no more than thirty days before the	5415
applicant's twenty-first birthday shall have the characteristics	5416
of an identification card issued to a person who is twenty-one	5417
years of age or older.	5418

Every identification card issued to a resident of this state	5419
shall expire, unless canceled or surrendered earlier, on the	5420
birthday of the cardholder in the fourth year after the date on	5421
which it is issued. Every identification card issued to a	5422
temporary resident shall expire in accordance with rules adopted	5423
by the registrar and is nonrenewable, but may be replaced with a	5424
new identification card upon the applicant's compliance with all	5425
applicable requirements. A cardholder may renew the cardholder's	5426
identification card within ninety days prior to the day on which	5427
it expires by filing an application and paying the prescribed fee	5428
in accordance with section 4507.50 of the Revised Code.	5429

If a cardholder applies for a driver's or commercial driver's	5430
license in this state or another licensing jurisdiction, the	5431
cardholder shall surrender the cardholder's identification card to	5432
the registrar or any deputy registrar before the license is	5433
issued.	5434

(B) If a card is lost, destroyed, or mutilated, the person to	5435
whom the card was issued may obtain a duplicate by doing both of	5436
the following:	5437

(1) Furnishing suitable proof of the loss, destruction, or	5438
mutilation to the registrar or a deputy registrar;	5439

(2) Filing an application and presenting documentary evidence	5440
under section 4507.51 of the Revised Code.	5441

Any person who loses a card and, after obtaining a duplicate,	5442
finds the original, immediately shall surrender the original to	5443
the registrar or a deputy registrar.	5444

A cardholder may obtain a replacement identification card	5445
that reflects any change of the cardholder's name by furnishing	5446
suitable proof of the change to the registrar or a deputy	5447
registrar and surrendering the cardholder's existing card.	5448

When a cardholder applies for a duplicate or obtains a	5449
replacement identification card, the cardholder shall pay a fee of	5450
two dollars and fifty cents. A deputy registrar shall be allowed	5451
an additional fee of two dollars and seventy-five cents commencing	5452
on July 1, 2001, three dollars and twenty-five cents commencing on	5453
January 1, 2003, and three dollars and fifty cents commencing on	5454
January 1, 2004, for issuing a duplicate or replacement	5455
identification card. A disabled veteran who is a cardholder and	5456
has a service-connected disability rated at one hundred per cent	5457
by the veterans' administration may apply to the registrar or a	5458
deputy registrar for the issuance of a duplicate or replacement	5459
identification card without payment of any fee prescribed in this	5460
section, and without payment of any lamination fee if the disabled	5461
veteran would not be required to pay a lamination fee in	5462
connection with the issuance of an identification card or	5463
temporary identification card as provided in division (B) of	5464
section 4507.50 of the Revised Code.	5465

A duplicate or replacement identification card shall expire	5466
on the same date as the card it replaces.	5467

(C) The registrar shall cancel any card upon determining that	5468
the card was obtained unlawfully, issued in error, or was altered.	5469
The registrar also shall cancel any card that is surrendered to	5470
the registrar or to a deputy registrar after the holder has	5471
obtained a duplicate, replacement, or driver's or commercial	5472
driver's license.	5473

(D)(1) No agent of the state or its political subdivisions	5474
shall condition the granting of any benefit, service, right, or	5475
privilege upon the possession by any person of an identification	5476
card. Nothing in this section shall preclude any publicly operated	5477
or franchised transit system from using an identification card for	5478
the purpose of granting benefits or services of the system.	5479

(2) No person shall be required to apply for, carry, or	5480
possess an identification card.	5481

(E) Except in regard to an identification card issued to a	5482
person who applies no more than thirty days before the applicant's	5483
twenty-first birthday, neither the registrar nor any deputy	5484
registrar shall issue an identification card to a person under	5485
twenty-one years of age that does not have the characteristics	5486
prescribed by the registrar distinguishing it from the	5487
identification card issued to persons who are twenty-one years of	5488
age or older.	5489

(F) Whoever violates division (E) of this section is guilty	5490
of a minor misdemeanor.	5491

Sec. 4509.05. (A) Upon request, the registrar of motor	5492
vehicles shall search and furnish a certified abstract of the	5493
following information with respect to any person:	5494

(1) An enumeration of the motor vehicle accidents in which	5495
such person has been involved except accidents certified as	5496
described in division (D) of section 3937.41 of the Revised Code;	5497

(2) Such person's record of convictions for violation of the	5498
motor vehicle laws.	5499

(B) The registrar shall collect for each abstract a fee of	5500
~~two~~eight dollars.	5501

(C) The registrar may permit deputy registrars to perform a	5502
search and furnish a certified abstract under this section. A	5503
deputy registrar performing this function shall comply with	5504
section 4501.27 of the Revised Code concerning the disclosure of	5505
personal information, shall collect and transmit to the registrar	5506
the ~~two dollar~~eight-dollar fee established under division (B) of	5507
this section, and may collect and retain a service fee of ~~three~~	5508
~~dollars and twenty-five cents commencing on the effective date of~~	5509
~~this amendment. If the deputy registrar fees are increased on~~	5510
~~January 1, 2004, in accordance with section 4503.034 of the~~	5511
~~Revised Code, the deputy registrar may collect and retain a~~	5512
~~service fee of~~ three dollars and fifty cents~~, commencing on that~~	5513
~~date~~.	5514

Of each eight-dollar fee the registrar collects under this	5515
division, the registrar shall pay two dollars into the state	5516
treasury to the credit of the state bureau of motor vehicles fund	5517
established in section 4501.25 of the Revised Code, one dollar and	5518
twenty-five cents into the state treasury to the credit of the	5519
trauma and emergency medical services fund established in section	5520
4513.263 of the Revised Code, one dollar and twenty-five cent into	5521
the state treasury to the credit of the homeland security fund	5522
established in section 5502.03 of the Revised Code, seventy-five	5523
cents into the state treasury to the credit of the investigations	5524
fund established in section 5502.131 of the Revised Code, two	5525
dollars and twenty-five cents into the state treasury to the	5526
credit of the emergency management agency service and	5527
reimbursement fund established in section 5502.39 of the Revised	5528
Code, and fifty cents into the state treasury to the credit of the	5529
justice program services fund established in section 5502.67 of	5530
the Revised Code.	5531

Sec. 4511.01. As used in this chapter and in Chapter 4513.	5532
of the Revised Code:	5533

(A) "Vehicle" means every device, including a motorized	5534
bicycle, in, upon, or by which any person or property may be	5535
transported or drawn upon a highway, except that "vehicle" does	5536
not include any motorized wheelchair, any electric personal	5537
assistive mobility device, any device that is moved by power	5538
collected from overhead electric trolley wires or that is used	5539
exclusively upon stationary rails or tracks, or any device, other	5540
than a bicycle, that is moved by human power.	5541

(B) "Motor vehicle" means every vehicle propelled or drawn by	5542
power other than muscular power or power collected from overhead	5543
electric trolley wires, except motorized bicycles, road rollers,	5544
traction engines, power shovels, power cranes, and other equipment	5545
used in construction work and not designed for or employed in	5546
general highway transportation, hole-digging machinery,	5547
well-drilling machinery, ditch-digging machinery, farm machinery,	5548
and trailers designed and used exclusively to transport a boat	5549
between a place of storage and a marina, or in and around a	5550
marina, when drawn or towed on a street or highway for a distance	5551
of no more than ten miles and at a speed of twenty-five miles per	5552
hour or less.	5553

(C) "Motorcycle" means every motor vehicle, other than a	5554
tractor, having a seat or saddle for the use of the operator and	5555
designed to travel on not more than three wheels in contact with	5556
the ground, including, but not limited to, motor vehicles known as	5557
"motor-driven cycle," "motor scooter," or "motorcycle" without	5558
regard to weight or brake horsepower.	5559

(D) "Emergency vehicle" means emergency vehicles of	5560
municipal, township, or county departments or public utility	5561
corporations when identified as such as required by law, the	5562
director of public safety, or local authorities, and motor	5563
vehicles when commandeered by a police officer.	5564

(E) "Public safety vehicle" means any of the following:

5565

(1) Ambulances, including private ambulance companies under	5566
contract to a municipal corporation, township, or county, and	5567
private ambulances and nontransport vehicles bearing license	5568
plates issued under section 4503.49 of the Revised Code;	5569

(2) Motor vehicles used by public law enforcement officers or	5570
other persons sworn to enforce the criminal and traffic laws of	5571
the state;	5572

(3) Any motor vehicle when properly identified as required by	5573
the director of public safety, when used in response to fire	5574
emergency calls or to provide emergency medical service to ill or	5575
injured persons, and when operated by a duly qualified person who	5576
is a member of a volunteer rescue service or a volunteer fire	5577
department, and who is on duty pursuant to the rules or directives	5578
of that service. The state fire marshal shall be designated by the	5579
director of public safety as the certifying agency for all public	5580
safety vehicles described in division (E)(3) of this section.	5581

(4) Vehicles used by fire departments, including motor	5582
vehicles when used by volunteer fire fighters responding to	5583
emergency calls in the fire department service when identified as	5584
required by the director of public safety.	5585

Any vehicle used to transport or provide emergency medical	5586
service to an ill or injured person, when certified as a public	5587
safety vehicle, shall be considered a public safety vehicle when	5588
transporting an ill or injured person to a hospital regardless of	5589
whether such vehicle has already passed a hospital.	5590

(5) Vehicles used by the motor carrier enforcement unit for	5591
the enforcement of orders and rules of the public utilities	5592
commission as specified in section 5503.34 of the Revised Code.	5593

(F) "School bus" means every bus designed for carrying more	5594
than nine passengers that is owned by a public, private, or	5595
governmental agency or institution of learning and operated for	5596
the transportation of children to or from a school session or a	5597
school function, or owned by a private person and operated for	5598
compensation for the transportation of children to or from a	5599
school session or a school function, provided "school bus" does	5600
not include a bus operated by a municipally owned transportation	5601
system, a mass transit company operating exclusively within the	5602
territorial limits of a municipal corporation, or within such	5603
limits and the territorial limits of municipal corporations	5604
immediately contiguous to such municipal corporation, nor a common	5605
passenger carrier certified by the public utilities commission	5606
unless such bus is devoted exclusively to the transportation of	5607
children to and from a school session or a school function, and	5608
"school bus" does not include a van or bus used by a licensed	5609
child day-care center or type A family day-care home to transport	5610
children from the child day-care center or type A family day-care	5611
home to a school if the van or bus does not have more than fifteen	5612
children in the van or bus at any time.	5613

(G) "Bicycle" means every device, other than a tricycle	5614
designed solely for use as a play vehicle by a child, propelled	5615
solely by human power upon which any person may ride having either	5616
two tandem wheels, or one wheel in the front and two wheels in the	5617
rear, any of which is more than fourteen inches in diameter.	5618

(H) "Motorized bicycle" means any vehicle having either two	5619
tandem wheels or one wheel in the front and two wheels in the	5620
rear, that is capable of being pedaled and is equipped with a	5621
helper motor of not more than fifty cubic centimeters piston	5622
displacement that produces no more than one brake horsepower and	5623
is capable of propelling the vehicle at a speed of no greater than	5624
twenty miles per hour on a level surface.	5625

(I) "Commercial tractor" means every motor vehicle having	5626
motive power designed or used for drawing other vehicles and not	5627
so constructed as to carry any load thereon, or designed or used	5628
for drawing other vehicles while carrying a portion of such other	5629
vehicles, or load thereon, or both.	5630

(J) "Agricultural tractor" means every self-propelling	5631
vehicle designed or used for drawing other vehicles or wheeled	5632
machinery but having no provision for carrying loads independently	5633
of such other vehicles, and used principally for agricultural	5634
purposes.	5635

(K) "Truck" means every motor vehicle, except trailers and	5636
semitrailers, designed and used to carry property.	5637

(L) "Bus" means every motor vehicle designed for carrying	5638
more than nine passengers and used for the transportation of	5639
persons other than in a ridesharing arrangement, and every motor	5640
vehicle, automobile for hire, or funeral car, other than a taxicab	5641
or motor vehicle used in a ridesharing arrangement, designed and	5642
used for the transportation of persons for compensation.	5643

(M) "Trailer" means every vehicle designed or used for	5644
carrying persons or property wholly on its own structure and for	5645
being drawn by a motor vehicle, including any such vehicle when	5646
formed by or operated as a combination of a "semitrailer" and a	5647
vehicle of the dolly type, such as that commonly known as a	5648
"trailer dolly," a vehicle used to transport agricultural produce	5649
or agricultural production materials between a local place of	5650
storage or supply and the farm when drawn or towed on a street or	5651
highway at a speed greater than twenty-five miles per hour, and a	5652
vehicle designed and used exclusively to transport a boat between	5653
a place of storage and a marina, or in and around a marina, when	5654
drawn or towed on a street or highway for a distance of more than	5655
ten miles or at a speed of more than twenty-five miles per hour.	5656

(N) "Semitrailer" means every vehicle designed or used for	5657
carrying persons or property with another and separate motor	5658
vehicle so that in operation a part of its own weight or that of	5659
its load, or both, rests upon and is carried by another vehicle.	5660

(O) "Pole trailer" means every trailer or semitrailer	5661
attached to the towing vehicle by means of a reach, pole, or by	5662
being boomed or otherwise secured to the towing vehicle, and	5663
ordinarily used for transporting long or irregular shaped loads	5664
such as poles, pipes, or structural members capable, generally, of	5665
sustaining themselves as beams between the supporting connections.	5666

(P) "Railroad" means a carrier of persons or property	5667
operating upon rails placed principally on a private right-of-way.	5668

(Q) "Railroad train" means a steam engine or an electric or	5669
other motor, with or without cars coupled thereto, operated by a	5670
railroad.	5671

(R) "Streetcar" means a car, other than a railroad train, for	5672
transporting persons or property, operated upon rails principally	5673
within a street or highway.	5674

(S) "Trackless trolley" means every car that collects its	5675
power from overhead electric trolley wires and that is not	5676
operated upon rails or tracks.	5677

(T) "Explosives" means any chemical compound or mechanical	5678
mixture that is intended for the purpose of producing an explosion	5679
that contains any oxidizing and combustible units or other	5680
ingredients in such proportions, quantities, or packing that an	5681
ignition by fire, by friction, by concussion, by percussion, or by	5682
a detonator of any part of the compound or mixture may cause such	5683
a sudden generation of highly heated gases that the resultant	5684
gaseous pressures are capable of producing destructive effects on	5685
contiguous objects, or of destroying life or limb. Manufactured	5686
articles shall not be held to be explosives when the individual	5687
units contain explosives in such limited quantities, of such	5688
nature, or in such packing, that it is impossible to procure a	5689
simultaneous or a destructive explosion of such units, to the	5690
injury of life, limb, or property by fire, by friction, by	5691
concussion, by percussion, or by a detonator, such as fixed	5692
ammunition for small arms, firecrackers, or safety fuse matches.	5693

(U) "Flammable liquid" means any liquid that has a flash	5694
point of seventy degrees fahrenheit, or less, as determined by a	5695
tagliabue or equivalent closed cup test device.	5696

(V) "Gross weight" means the weight of a vehicle plus the	5697
weight of any load thereon.	5698

(W) "Person" means every natural person, firm,	5699
co-partnership, association, or corporation.	5700

(X) "Pedestrian" means any natural person afoot.

5701

(Y) "Driver or operator" means every person who drives or is	5702
in actual physical control of a vehicle, trackless trolley, or	5703
streetcar.	5704

(Z) "Police officer" means every officer authorized to direct	5705
or regulate traffic, or to make arrests for violations of traffic	5706
regulations.	5707

(AA) "Local authorities" means every county, municipal, and	5708
other local board or body having authority to adopt police	5709
regulations under the constitution and laws of this state.	5710

(BB) "Street" or "highway" means the entire width between the	5711
boundary lines of every way open to the use of the public as a	5712
thoroughfare for purposes of vehicular travel.	5713

(CC) "Controlled-access highway" means every street or	5714
highway in respect to which owners or occupants of abutting lands	5715
and other persons have no legal right of access to or from the	5716
same except at such points only and in such manner as may be	5717
determined by the public authority having jurisdiction over such	5718
street or highway.	5719

(DD) "Private road or driveway" means every way or place in	5720
private ownership used for vehicular travel by the owner and those	5721
having express or implied permission from the owner but not by	5722
other persons.	5723

(EE) "Roadway" means that portion of a highway improved,	5724
designed, or ordinarily used for vehicular travel, except the berm	5725
or shoulder. If a highway includes two or more separate roadways	5726
the term "roadway" means any such roadway separately but not all	5727
such roadways collectively.	5728

(FF) "Sidewalk" means that portion of a street between the	5729
curb lines, or the lateral lines of a roadway, and the adjacent	5730
property lines, intended for the use of pedestrians.	5731

(GG) "Laned highway" means a highway the roadway of which is	5732
divided into two or more clearly marked lanes for vehicular	5733
traffic.	5734

(HH) "Through highway" means every street or highway as	5735
provided in section 4511.65 of the Revised Code.	5736

(II) "State highway" means a highway under the jurisdiction	5737
of the department of transportation, outside the limits of	5738
municipal corporations, provided that the authority conferred upon	5739
the director of transportation in section 5511.01 of the Revised	5740
Code to erect state highway route markers and signs directing	5741
traffic shall not be modified by sections 4511.01 to 4511.79 and	5742
4511.99 of the Revised Code.	5743

(JJ) "State route" means every highway that is designated	5744
with an official state route number and so marked.	5745

(KK) "Intersection" means:

5746

(1) The area embraced within the prolongation or connection	5747
of the lateral curb lines, or, if none, then the lateral boundary	5748
lines of the roadways of two highways which join one another at,	5749
or approximately at, right angles, or the area within which	5750
vehicles traveling upon different highways joining at any other	5751
angle may come in conflict.	5752

(2) Where a highway includes two roadways thirty feet or more	5753
apart, then every crossing of each roadway of such divided highway	5754
by an intersecting highway shall be regarded as a separate	5755
intersection. If an intersecting highway also includes two	5756
roadways thirty feet or more apart, then every crossing of two	5757
roadways of such highways shall be regarded as a separate	5758
intersection.	5759

(3) The junction of an alley with a street or highway, or	5760
with another alley, shall not constitute an intersection.	5761

(LL) "Crosswalk" means:

5762

(1) That part of a roadway at intersections ordinarily	5763
included within the real or projected prolongation of property	5764
lines and curb lines or, in the absence of curbs, the edges of the	5765
traversable roadway;	5766

(2) Any portion of a roadway at an intersection or elsewhere,	5767
distinctly indicated for pedestrian crossing by lines or other	5768
markings on the surface;	5769

(3) Notwithstanding divisions (LL)(1) and (2) of this	5770
section, there shall not be a crosswalk where local authorities	5771
have placed signs indicating no crossing.	5772

(MM) "Safety zone" means the area or space officially set	5773
apart within a roadway for the exclusive use of pedestrians and	5774
protected or marked or indicated by adequate signs as to be	5775
plainly visible at all times.	5776

(NN) "Business district" means the territory fronting upon a	5777
street or highway, including the street or highway, between	5778
successive intersections within municipal corporations where fifty	5779
per cent or more of the frontage between such successive	5780
intersections is occupied by buildings in use for business, or	5781
within or outside municipal corporations where fifty per cent or	5782
more of the frontage for a distance of three hundred feet or more	5783
is occupied by buildings in use for business, and the character of	5784
such territory is indicated by official traffic control devices.	5785

(OO) "Residence district" means the territory, not comprising	5786
a business district, fronting on a street or highway, including	5787
the street or highway, where, for a distance of three hundred feet	5788
or more, the frontage is improved with residences or residences	5789
and buildings in use for business.	5790

(PP) "Urban district" means the territory contiguous to and	5791
including any street or highway which is built up with structures	5792
devoted to business, industry, or dwelling houses situated at	5793
intervals of less than one hundred feet for a distance of a	5794
quarter of a mile or more, and the character of such territory is	5795
indicated by official traffic control devices.	5796

(QQ) "Traffic control devices" means all flaggers, signs,	5797
signals, markings, and devices placed or erected by authority of a	5798
public body or official having jurisdiction, for the purpose of	5799
regulating, warning, or guiding traffic, including signs denoting	5800
names of streets and highways.	5801

(RR) "Traffic control signal" means any device, whether	5802
manually, electrically, or mechanically operated, by which traffic	5803
is alternately directed to stop, to proceed, to change direction,	5804
or not to change direction.	5805

(SS) "Railroad sign or signal" means any sign, signal, or	5806
device erected by authority of a public body or official or by a	5807
railroad and intended to give notice of the presence of railroad	5808
tracks or the approach of a railroad train.	5809

(TT) "Traffic" means pedestrians, ridden or herded animals,	5810
vehicles, streetcars, trackless trolleys, and other devices,	5811
either singly or together, while using any highway for purposes of	5812
travel.	5813

(UU) "Right-of-way" means either of the following, as the	5814
context requires:	5815

(1) The right of a vehicle, streetcar, trackless trolley, or	5816
pedestrian to proceed uninterruptedly in a lawful manner in the	5817
direction in which it or the individual is moving in preference to	5818
another vehicle, streetcar, trackless trolley, or pedestrian	5819
approaching from a different direction into its or the	5820
individual's path;	5821

(2) A general term denoting land, property, or the interest	5822
therein, usually in the configuration of a strip, acquired for or	5823
devoted to transportation purposes. When used in this context,	5824
right-of-way includes the roadway, shoulders or berm, ditch, and	5825
slopes extending to the right-of-way limits under the control of	5826
the state or local authority.	5827

(VV) "Rural mail delivery vehicle" means every vehicle used	5828
to deliver United States mail on a rural mail delivery route.	5829

(WW) "Funeral escort vehicle" means any motor vehicle,	5830
including a funeral hearse, while used to facilitate the movement	5831
of a funeral procession.	5832

(XX) "Alley" means a street or highway intended to provide	5833
access to the rear or side of lots or buildings in urban districts	5834
and not intended for the purpose of through vehicular traffic, and	5835
includes any street or highway that has been declared an "alley"	5836
by the legislative authority of the municipal corporation in which	5837
such street or highway is located.	5838

(YY) "Freeway" means a divided multi-lane highway for through	5839
traffic with all crossroads separated in grade and with full	5840
control of access.	5841

(ZZ) "Expressway" means a divided arterial highway for	5842
through traffic with full or partial control of access with an	5843
excess of fifty per cent of all crossroads separated in grade.	5844

(AAA) "Thruway" means a through highway whose entire roadway	5845
is reserved for through traffic and on which roadway parking is	5846
prohibited.	5847

(BBB) "Stop intersection" means any intersection at one or	5848
more entrances of which stop signs are erected.	5849

(CCC) "Arterial street" means any United States or state	5850
numbered route, controlled access highway, or other major radial	5851
or circumferential street or highway designated by local	5852
authorities within their respective jurisdictions as part of a	5853
major arterial system of streets or highways.	5854

(DDD) "Ridesharing arrangement" means the transportation of	5855
persons in a motor vehicle where such transportation is incidental	5856
to another purpose of a volunteer driver and includes ridesharing	5857
arrangements known as carpools, vanpools, and buspools.	5858

(EEE) "Motorized wheelchair" means any self-propelled vehicle	5859
designed for, and used by, a handicapped person and that is	5860
incapable of a speed in excess of eight miles per hour.	5861

(FFF) "Child day-care center" and "type A family day-care	5862
home" have the same meanings as in section 5104.01 of the Revised	5863
Code.	5864

(GGG) "Multi-wheel agricultural tractor" means a type of	5865
agricultural tractor that has two or more wheels or tires on each	5866
side of one axle at the rear of the tractor, is designed or used	5867
for drawing other vehicles or wheeled machinery, has no provision	5868
for carrying loads independently of the drawn vehicles or	5869
machinery, and is used principally for agricultural purposes.	5870

(HHH) "Operate" means to cause or have caused movement of a	5871
vehicle, streetcar, or trackless trolley.	5872

(III) "Predicate motor vehicle or traffic offense" means any	5873
of the following:	5874

(1) A violation of section 4511.03, 4511.051, 4511.12,	5875
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	5876
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	5877
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	5878
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	5879
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	5880
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	5881
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	5882
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	5883
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	5884
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	5885

(2) A violation of division (A)(2) of section 4511.17,	5886
divisions (A) to (D) of section 4511.51, or division (A) of	5887
section 4511.74 of the Revised Code;	5888

(3) A violation of any provision of sections 4511.01 to	5889
4511.76 of the Revised Code for which no penalty otherwise is	5890
provided in the section that contains the provision violated;	5891

(4) A violation of a municipal ordinance that is	5892
substantially similar to any section or provision set forth or	5893
described in division (III)(1), (2), or (3) of this section.	5894

(JJJ) "Road service vehicle" means wreckers, utility repair	5895
vehicles, and state, county, and municipal service vehicles	5896
equipped with visual signals by means of flashing, rotating, or	5897
oscillating lights.	5898

Sec. 4511.093. (A)(1) No law enforcement officer who stops	5899
the operator of a motor vehicle in the course of an authorized	5900
sobriety or other motor vehicle checkpoint operation or a motor	5901
vehicle safety inspection shall issue a ticket, citation, or	5902
summons for a secondary traffic offense unless in the course of	5903
the checkpoint operation or safety inspection the officer first	5904
determines that an offense other than a secondary traffic offense	5905
has occurred and either places the operator or a vehicle occupant	5906
under arrest or issues a ticket, citation, or summons to the	5907
operator or a vehicle occupant for an offense other than a	5908
secondary offense.	5909

(2) A law enforcement agency that operates a motor vehicle	5910
checkpoint for an express purpose related to a secondary traffic	5911
offense shall not issue a ticket, citation, or summons for any	5912
secondary traffic offense at such a checkpoint, but may use such a	5913
checkpoint operation to conduct a public awareness campaign and	5914
distribute information.	5915

(B) As used in this section, "secondary traffic offense"	5916
means a violation of division ~~(A) or~~ (F)(2) of section 4507.05,	5917
division (B)(1)(a) or (b) ~~or (E)~~ of section 4507.071, or division	5918
(C) or (D) of section 4511.81~~, or division (B) of section~~	5919
~~4513.263~~ of the Revised Code.	5920

Sec. 4511.108. The director of transportation shall establish	5921
a traffic generator sign program and shall set forth in the	5922
traffic engineering manual the specifications for a uniform system	5923
of traffic generator signs and the criteria for participation in	5924
the program. The department of transportation shall operate,	5925
construct, and maintain the program. The director shall establish,	5926
and may revise at any time, an annual fee to be charged for a	5927
qualifying private business to participate in the traffic	5928
generator sign program. Money paid by the qualifying private	5929
business shall be remitted to the department and shall be	5930
deposited into the highway operating fund.	5931

Sec. 4511.181. As used in sections 4511.181 to ~~4511.199~~	5932
4511.198 of the Revised Code:	5933

(A) "Equivalent offense" means any of the following:

5934

(1) A violation of division (A) or (B) of section 4511.19 of	5935
the Revised Code;	5936

(2) A violation of a municipal OVI ordinance;

5937

(3) A violation of section 2903.04 of the Revised Code in a	5938
case in which the offender was subject to the sanctions described	5939
in division (D) of that section;	5940

(4) A violation of division (A)(1) of section 2903.06 or	5941
2903.08 of the Revised Code or a municipal ordinance that is	5942
substantially equivalent to either of those divisions;	5943

(5) A violation of division (A)(2), (3), or (4) of section	5944
2903.06, division (A)(2) of section 2903.08, or former section	5945
2903.07 of the Revised Code, or a municipal ordinance that is	5946
substantially equivalent to any of those divisions or that former	5947
section, in a case in which a judge or jury as the trier of fact	5948
found that the offender was under the influence of alcohol, a drug	5949
of abuse, or a combination of them;	5950

(6) A violation of division (A) or (B) of section 1547.11 of	5951
the Revised Code;	5952

(7) A violation of a municipal ordinance prohibiting a person	5953
from operating or being in physical control of any vessel underway	5954
or from manipulating any water skis, aquaplane, or similar device	5955
on the waters of this state while under the influence of alcohol,	5956
a drug of abuse, or a combination of them or prohibiting a person	5957
from operating or being in physical control of any vessel underway	5958
or from manipulating any water skis, aquaplane, or similar device	5959
on the waters of this state with a prohibited concentration of	5960
alcohol, a controlled substance, or a metabolite of a controlled	5961
substance in the whole blood, blood serum or plasma, breath, or	5962
urine;	5963

(8) A violation of an existing or former municipal ordinance,	5964
law of another state, or law of the United States that is	5965
substantially equivalent to division (A) or (B) of section 4511.19	5966
or division (A) or (B) of section 1547.11 of the Revised Code;	5967

(9) A violation of a former law of this state that was	5968
substantially equivalent to division (A) or (B) of section 4511.19	5969
or division (A) or (B) of section 1547.11 of the Revised Code.	5970

(B) "Mandatory jail term" means the mandatory term in jail of	5971
three, six, ten, twenty, thirty, or sixty days that must be	5972
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	5973
of the Revised Code upon an offender convicted of a violation of	5974
division (A) of that section and in relation to which all of the	5975
following apply:	5976

(1) Except as specifically authorized under section 4511.19	5977
of the Revised Code, the term must be served in a jail.	5978

(2) Except as specifically authorized under section 4511.19	5979
of the Revised Code, the term cannot be suspended, reduced, or	5980
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	5981
other provision of the Revised Code.	5982

(C) "Municipal OVI ordinance" and "municipal OVI offense"	5983
mean any municipal ordinance prohibiting a person from operating a	5984
vehicle while under the influence of alcohol, a drug of abuse, or	5985
a combination of them or prohibiting a person from operating a	5986
vehicle with a prohibited concentration of alcohol, a controlled	5987
substance, or a metabolite of a controlled substance in the whole	5988
blood, blood serum or plasma, breath, or urine.	5989

(D) "Community residential sanction," "continuous alcohol	5990
monitoring," "jail," "mandatory prison term," "mandatory term of	5991
local incarceration," "sanction," and "prison term" have the same	5992
meanings as in section 2929.01 of the Revised Code.	5993

(E) "Drug of abuse" has the same meaning as in section	5994
4506.01 of the Revised Code.	5995

(F) "Equivalent offense that is vehicle-related" means an	5996
equivalent offense that is any of the following:	5997

(1) A violation described in division (A)(1), (2), (3), (4),	5998
or (5) of this section;	5999

(2) A violation of an existing or former municipal ordinance,	6000
law of another state, or law of the United States that is	6001
substantially equivalent to division (A) or (B) of section 4511.19	6002
of the Revised Code;	6003

(3) A violation of a former law of this state that was	6004
substantially equivalent to division (A) or (B) of section 4511.19	6005
of the Revised Code.	6006

Sec. 4511.191. (A)(1) As used in this section:

6007

(a) "Physical control" has the same meaning as in section	6008
4511.194 of the Revised Code.	6009

(b) "Alcohol monitoring device" means any device that	6010
provides for continuous alcohol monitoring, any ignition interlock	6011
device, any immobilizing or disabling device other than an	6012
ignition interlock device that is constantly available to monitor	6013
the concentration of alcohol in a person's system, or any other	6014
device that provides for the automatic testing and periodic	6015
reporting of alcohol consumption by a person and that a court	6016
orders a person to use as a sanction imposed as a result of the	6017
person's conviction of or plea of guilty to an offense.	6018

(2) Any person who operates a vehicle, streetcar, or	6019
trackless trolley upon a highway or any public or private property	6020
used by the public for vehicular travel or parking within this	6021
state or who is in physical control of a vehicle, streetcar, or	6022
trackless trolley shall be deemed to have given consent to a	6023
chemical test or tests of the person's whole blood, blood serum or	6024
plasma, breath, or urine to determine the alcohol, drug of abuse,	6025
controlled substance, metabolite of a controlled substance, or	6026
combination content of the person's whole blood, blood serum or	6027
plasma, breath, or urine if arrested for a violation of division	6028
(A) or (B) of section 4511.19 of the Revised Code, section	6029
4511.194 of the Revised Code or a substantially equivalent	6030
municipal ordinance, or a municipal OVI ordinance.	6031

(3) The chemical test or tests under division (A)(2) of this	6032
section shall be administered at the request of a law enforcement	6033
officer having reasonable grounds to believe the person was	6034
operating or in physical control of a vehicle, streetcar, or	6035
trackless trolley in violation of a division, section, or	6036
ordinance identified in division (A)(2) of this section. The law	6037
enforcement agency by which the officer is employed shall	6038
designate which of the tests shall be administered.	6039

(4) Any person who is dead or unconscious, or who otherwise	6040
is in a condition rendering the person incapable of refusal, shall	6041
be deemed to have consented as provided in division (A)(2) of this	6042
section, and the test or tests may be administered, subject to	6043
sections 313.12 to 313.16 of the Revised Code.	6044

(5)(a) If a law enforcement officer arrests a person for a	6045
violation of division (A) or (B) of section 4511.19 of the Revised	6046
Code, section 4511.194 of the Revised Code or a substantially	6047
equivalent municipal ordinance, or a municipal OVI ordinance and	6048
if the person if convicted would be required to be sentenced under	6049
division (G)(1)(c), (d), or (e) of section 4511.19 of the	6050
Revised Code, the law enforcement officer shall request the	6051
person to submit, and the person shall submit, to a chemical	6052
test or tests of the person's whole blood, blood serum or	6053
plasma, breath, or urine for the purpose of determining the	6054
alcohol, drug of abuse, controlled substance, metabolite of a	6055
controlled substance, or combination content of the person's	6056
whole blood, blood serum or plasma, breath, or urine. A law	6057
enforcement officer who makes a request pursuant to this	6058
division that a person submit to a chemical test or tests is not	6059
required to advise the person of the consequences of submitting	6060
to, or refusing to submit to, the test or tests and is not	6061
required to give the person the form described in division (B) of	6062
section 4511.192 of the Revised Code, but the officer shall	6063
advise the person at the time of the arrest that if the person	6064
refuses to take a chemical test the officer may employ whatever	6065
reasonable means are necessary to ensure that the person submits	6066
to a chemical test of the person's whole blood or blood serum or	6067
plasma. The officer shall also advise the person at the time of	6068
the arrest that the person may have an independent chemical test	6069
taken at the person's own expense. Divisions (A)(3) and (4) of	6070
this section apply to the administration of a chemical test or	6071
tests pursuant to this division.	6072

(b) If a person refuses to submit to a chemical test upon a	6073
request made pursuant to division (A)(5)(a) of this section, the	6074
law enforcement officer who made the request may employ whatever	6075
reasonable means are necessary to ensure that the person submits	6076
to a chemical test of the person's whole blood or blood serum or	6077
plasma. A law enforcement officer who acts pursuant to this	6078
division to ensure that a person submits to a chemical test of the	6079
person's whole blood or blood serum or plasma is immune from	6080
criminal and civil liability based upon a claim for assault and	6081
battery or any other claim for the acts, unless the officer so	6082
acted with malicious purpose, in bad faith, or in a wanton or	6083
reckless manner.	6084

(B)(1) Upon receipt of the sworn report of a law enforcement	6085
officer who arrested a person for a violation of division (A) or	6086
(B) of section 4511.19 of the Revised Code, section 4511.194 of	6087
the Revised Code or a substantially equivalent municipal	6088
ordinance, or a municipal OVI ordinance that was completed and	6089
sent to the registrar and a court pursuant to section 4511.192 of	6090
the Revised Code in regard to a person who refused to take the	6091
designated chemical test, the registrar shall enter into the	6092
registrar's records the fact that the person's driver's or	6093
commercial driver's license or permit or nonresident operating	6094
privilege was suspended by the arresting officer under this	6095
division and that section and the period of the suspension, as	6096
determined under this section. The suspension shall be subject to	6097
appeal as provided in section 4511.197 of the Revised Code. The	6098
suspension shall be for whichever of the following periods	6099
applies:	6100

(a) Except when division (B)(1)(b), (c), or (d) of this	6101
section applies and specifies a different class or length of	6102
suspension, the suspension shall be a class C suspension for the	6103
period of time specified in division (B)(3) of section 4510.02 of	6104
the Revised Code.	6105

(b) If the arrested person, within six years of the date on	6106
which the person refused the request to consent to the chemical	6107
test, had refused one previous request to consent to a chemical	6108
test or had been convicted of or pleaded guilty to one violation	6109
of division (A) or (B) of section 4511.19 of the Revised Code or	6110
one other equivalent offense, the suspension shall be a class B	6111
suspension imposed for the period of time specified in division	6112
(B)(2) of section 4510.02 of the Revised Code.	6113

(c) If the arrested person, within six years of the date on	6114
which the person refused the request to consent to the chemical	6115
test, had refused two previous requests to consent to a chemical	6116
test, had been convicted of or pleaded guilty to two violations of	6117
division (A) or (B) of section 4511.19 of the Revised Code or	6118
other equivalent offenses, or had refused one previous request to	6119
consent to a chemical test and also had been convicted of or	6120
pleaded guilty to one violation of division (A) or (B) of section	6121
4511.19 of the Revised Code or other equivalent offenses, which	6122
violation or offense arose from an incident other than the	6123
incident that led to the refusal, the suspension shall be a class	6124
A suspension imposed for the period of time specified in division	6125
(B)(1) of section 4510.02 of the Revised Code.	6126

(d) If the arrested person, within six years of the date on	6127
which the person refused the request to consent to the chemical	6128
test, had refused three or more previous requests to consent to a	6129
chemical test, had been convicted of or pleaded guilty to three or	6130
more violations of division (A) or (B) of section 4511.19 of the	6131
Revised Code or other equivalent offenses, or had refused a number	6132
of previous requests to consent to a chemical test and also had	6133
been convicted of or pleaded guilty to a number of violations of	6134
division (A) or (B) of section 4511.19 of the Revised Code or	6135
other equivalent offenses that cumulatively total three or more	6136
such refusals, convictions, and guilty pleas, the suspension shall	6137
be for five years.	6138

(2) The registrar shall terminate a suspension of the	6139
driver's or commercial driver's license or permit of a resident or	6140
of the operating privilege of a nonresident, or a denial of a	6141
driver's or commercial driver's license or permit, imposed	6142
pursuant to division (B)(1) of this section upon receipt of notice	6143
that the person has entered a plea of guilty to, or that the	6144
person has been convicted after entering a plea of no contest to,	6145
operating a vehicle in violation of section 4511.19 of the Revised	6146
Code or in violation of a municipal OVI ordinance, if the offense	6147
for which the conviction is had or the plea is entered arose from	6148
the same incident that led to the suspension or denial.	6149

The registrar shall credit against any judicial suspension of	6150
a person's driver's or commercial driver's license or permit or	6151
nonresident operating privilege imposed pursuant to section	6152
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	6153
Revised Code for a violation of a municipal OVI ordinance, any	6154
time during which the person serves a related suspension imposed	6155
pursuant to division (B)(1) of this section.	6156

(C)(1) Upon receipt of the sworn report of the law	6157
enforcement officer who arrested a person for a violation of	6158
division (A) or (B) of section 4511.19 of the Revised Code or a	6159
municipal OVI ordinance that was completed and sent to the	6160
registrar and a court pursuant to section 4511.192 of the Revised	6161
Code in regard to a person whose test results indicate that the	6162
person's whole blood, blood serum or plasma, breath, or urine	6163
contained at least the concentration of alcohol specified in	6164
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	6165
Revised Code or at least the concentration of a listed controlled	6166
substance or a listed metabolite of a controlled substance	6167
specified in division (A)(1)(j) of section 4511.19 of the Revised	6168
Code, the registrar shall enter into the registrar's records the	6169
fact that the person's driver's or commercial driver's license or	6170
permit or nonresident operating privilege was suspended by the	6171
arresting officer under this division and section 4511.192 of the	6172
Revised Code and the period of the suspension, as determined under	6173
divisions (C)(1)(a) to (d) of this section. The suspension shall	6174
be subject to appeal as provided in section 4511.197 of the	6175
Revised Code. The suspension described in this division does not	6176
apply to, and shall not be imposed upon, a person arrested for a	6177
violation of section 4511.194 of the Revised Code or a	6178
substantially equivalent municipal ordinance who submits to a	6179
designated chemical test. The suspension shall be for whichever of	6180
the following periods applies:	6181

(a) Except when division (C)(1)(b), (c), or (d) of this	6182
section applies and specifies a different period, the suspension	6183
shall be a class E suspension imposed for the period of time	6184
specified in division (B)(5) of section 4510.02 of the Revised	6185
Code.	6186

(b) The suspension shall be a class C suspension for the	6187
period of time specified in division (B)(3) of section 4510.02 of	6188
the Revised Code if the person has been convicted of or pleaded	6189
guilty to, within six years of the date the test was conducted,	6190
one violation of division (A) or (B) of section 4511.19 of the	6191
Revised Code or one other equivalent offense.	6192

(c) If, within six years of the date the test was conducted,	6193
the person has been convicted of or pleaded guilty to two	6194
violations of a statute or ordinance described in division	6195
(C)(1)(b) of this section, the suspension shall be a class B	6196
suspension imposed for the period of time specified in division	6197
(B)(2) of section 4510.02 of the Revised Code.	6198

(d) If, within six years of the date the test was conducted,	6199
the person has been convicted of or pleaded guilty to more than	6200
two violations of a statute or ordinance described in division	6201
(C)(1)(b) of this section, the suspension shall be a class A	6202
suspension imposed for the period of time specified in division	6203
(B)(1) of section 4510.02 of the Revised Code.	6204

(2) The registrar shall terminate a suspension of the	6205
driver's or commercial driver's license or permit of a resident or	6206
of the operating privilege of a nonresident, or a denial of a	6207
driver's or commercial driver's license or permit, imposed	6208
pursuant to division (C)(1) of this section upon receipt of notice	6209
that the person has entered a plea of guilty to, or that the	6210
person has been convicted after entering a plea of no contest to,	6211
operating a vehicle in violation of section 4511.19 of the Revised	6212
Code or in violation of a municipal OVI ordinance, if the offense	6213
for which the conviction is had or the plea is entered arose from	6214
the same incident that led to the suspension or denial.	6215

The registrar shall credit against any judicial suspension of	6216
a person's driver's or commercial driver's license or permit or	6217
nonresident operating privilege imposed pursuant to section	6218
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	6219
Revised Code for a violation of a municipal OVI ordinance, any	6220
time during which the person serves a related suspension imposed	6221
pursuant to division (C)(1) of this section.	6222

(D)(1) A suspension of a person's driver's or commercial	6223
driver's license or permit or nonresident operating privilege	6224
under this section for the time described in division (B) or (C)	6225
of this section is effective immediately from the time at which	6226
the arresting officer serves the notice of suspension upon the	6227
arrested person. Any subsequent finding that the person is not	6228
guilty of the charge that resulted in the person being requested	6229
to take the chemical test or tests under division (A) of this	6230
section does not affect the suspension.	6231

(2) If a person is arrested for operating a vehicle,	6232
streetcar, or trackless trolley in violation of division (A) or	6233
(B) of section 4511.19 of the Revised Code or a municipal OVI	6234
ordinance, or for being in physical control of a vehicle,	6235
streetcar, or trackless trolley in violation of section 4511.194	6236
of the Revised Code or a substantially equivalent municipal	6237
ordinance, regardless of whether the person's driver's or	6238
commercial driver's license or permit or nonresident operating	6239
privilege is or is not suspended under division (B) or (C) of this	6240
section or Chapter 4510. of the Revised Code, the person's initial	6241
appearance on the charge resulting from the arrest shall be held	6242
within five days of the person's arrest or the issuance of the	6243
citation to the person, subject to any continuance granted by the	6244
court pursuant to section 4511.197 of the Revised Code regarding	6245
the issues specified in that division.	6246

(E) When it finally has been determined under the procedures	6247
of this section and sections 4511.192 to 4511.197 of the Revised	6248
Code that a nonresident's privilege to operate a vehicle within	6249
this state has been suspended, the registrar shall give	6250
information in writing of the action taken to the motor vehicle	6251
administrator of the state of the person's residence and of any	6252
state in which the person has a license.	6253

(F) At the end of a suspension period under this section,	6254
under section 4511.194, section 4511.196, or division (G) of	6255
section 4511.19 of the Revised Code, or under section 4510.07 of	6256
the Revised Code for a violation of a municipal OVI ordinance and	6257
upon the request of the person whose driver's or commercial	6258
driver's license or permit was suspended and who is not otherwise	6259
subject to suspension, cancellation, or disqualification, the	6260
registrar shall return the driver's or commercial driver's license	6261
or permit to the person upon the occurrence of all of the	6262
conditions specified in divisions (F)(1) and (2) of this section:	6263

(1) A showing that the person has proof of financial	6264
responsibility, a policy of liability insurance in effect that	6265
meets the minimum standards set forth in section 4509.51 of the	6266
Revised Code, or proof, to the satisfaction of the registrar, that	6267
the person is able to respond in damages in an amount at least	6268
equal to the minimum amounts specified in section 4509.51 of the	6269
Revised Code.	6270

(2) Subject to the limitation contained in division (F)(3) of	6271
this section, payment by the person to the bureau of motor	6272
vehicles of a license reinstatement fee of four hundred	6273
seventy-five dollars, which fee shall be deposited in the state	6274
treasury and credited as follows:	6275

(a) One hundred twelve dollars and fifty cents shall be	6276
credited to the statewide treatment and prevention fund created by	6277
section 4301.30 of the Revised Code. The fund shall be used to	6278
pay the costs of driver treatment and intervention programs	6279
operated pursuant to sections 3793.02 and 3793.10 of the Revised	6280
Code. The director of alcohol and drug addiction services shall	6281
determine the share of the fund that is to be allocated to alcohol	6282
and drug addiction programs authorized by section 3793.02 of the	6283
Revised Code, and the share of the fund that is to be allocated to	6284
drivers' intervention programs authorized by section 3793.10 of	6285
the Revised Code.	6286

(b) Seventy-five dollars shall be credited to the reparations	6287
fund created by section 2743.191 of the Revised Code.	6288

(c) Thirty-seven dollars and fifty cents shall be credited to	6289
the indigent drivers alcohol treatment fund, which is hereby	6290
established. Except as otherwise provided in division (F)(2)(c) of	6291
this section, moneys in the fund shall be distributed by the	6292
department of alcohol and drug addiction services to the county	6293
indigent drivers alcohol treatment funds, the county juvenile	6294
indigent drivers alcohol treatment funds, and the municipal	6295
indigent drivers alcohol treatment funds that are required to be	6296
established by counties and municipal corporations pursuant to	6297
this section, and shall be used only to pay the cost of an alcohol	6298
and drug addiction treatment program attended by an offender or	6299
juvenile traffic offender who is ordered to attend an alcohol and	6300
drug addiction treatment program by a county, juvenile, or	6301
municipal court judge and who is determined by the county,	6302
juvenile, or municipal court judge not to have the means to pay	6303
for the person's attendance at the program or to pay the costs	6304
specified in division (H)(4) of this section in accordance with	6305
that division. In addition, a county, juvenile, or municipal court	6306
judge may use moneys in the county indigent drivers alcohol	6307
treatment fund, county juvenile indigent drivers alcohol treatment	6308
fund, or municipal indigent drivers alcohol treatment fund to pay	6309
for the cost of the continued use of an alcohol monitoring device	6310
as described in divisions (H)(3) and (4) of this section. Moneys	6311
in the fund that are not distributed to a county indigent drivers	6312
alcohol treatment fund, a county juvenile indigent drivers alcohol	6313
treatment fund, or a municipal indigent drivers alcohol treatment	6314
fund under division (H) of this section because the director of	6315
alcohol and drug addiction services does not have the information	6316
necessary to identify the county or municipal corporation where	6317
the offender or juvenile offender was arrested may be transferred	6318
by the director of budget and management to the statewide	6319
treatment and prevention fund created by section 4301.30 of the	6320
Revised Code, upon certification of the amount by the director of	6321
alcohol and drug addiction services.	6322

(d) Seventy-five dollars shall be credited to the Ohio	6323
rehabilitation services commission established by section 3304.12	6324
of the Revised Code, to the services for rehabilitation fund,	6325
which is hereby established. The fund shall be used to match	6326
available federal matching funds where appropriate, and for any	6327
other purpose or program of the commission to rehabilitate people	6328
with disabilities to help them become employed and independent.	6329

(e) Seventy-five dollars shall be deposited into the state	6330
treasury and credited to the drug abuse resistance education	6331
programs fund, which is hereby established, to be used by the	6332
attorney general for the purposes specified in division (F)(4) of	6333
this section.	6334

(f) Thirty dollars shall be credited to the state bureau of	6335
motor vehicles fund created by section 4501.25 of the Revised	6336
Code.	6337

(g) Twenty dollars shall be credited to the trauma and	6338
emergency medical services grants fund created by section 4513.263	6339
of the Revised Code.	6340

(h) Fifty dollars shall be credited to the indigent drivers	6341
interlock and alcohol monitoring fund, which is hereby established	6342
in the state treasury. Monies in the fund shall be distributed by	6343
the department of public safety to the county indigent drivers	6344
interlock and alcohol monitoring funds, the county juvenile	6345
indigent drivers interlock and alcohol monitoring funds, and the	6346
municipal indigent drivers interlock and alcohol monitoring funds	6347
that are required to be established by counties and municipal	6348
corporations pursuant to this section, and shall be used only to	6349
pay the cost of an immobilizing or disabling device, including a	6350
certified ignition interlock device, or an alcohol monitoring	6351
device used by an offender or juvenile offender who is ordered to	6352
use the device by a county, juvenile, or municipal court judge and	6353
who is determined by the county, juvenile, or municipal court	6354
judge not to have the means to pay for the person's use of the	6355
device.	6356

(3) If a person's driver's or commercial driver's license or	6357
permit is suspended under this section, under section 4511.196 or	6358
division (G) of section 4511.19 of the Revised Code, under section	6359
4510.07 of the Revised Code for a violation of a municipal OVI	6360
ordinance or under any combination of the suspensions described in	6361
division (F)(3) of this section, and if the suspensions arise from	6362
a single incident or a single set of facts and circumstances, the	6363
person is liable for payment of, and shall be required to pay to	6364
the bureau, only one reinstatement fee of four hundred ~~twenty-five~~	6365
seventy-five dollars. The reinstatement fee shall be distributed	6366
by the bureau in accordance with division (F)(2) of this section.	6367

(4) The attorney general shall use amounts in the drug abuse	6368
resistance education programs fund to award grants to law	6369
enforcement agencies to establish and implement drug abuse	6370
resistance education programs in public schools. Grants awarded to	6371
a law enforcement agency under this section shall be used by the	6372
agency to pay for not more than fifty per cent of the amount of	6373
the salaries of law enforcement officers who conduct drug abuse	6374
resistance education programs in public schools. The attorney	6375
general shall not use more than six per cent of the amounts the	6376
attorney general's office receives under division (F)(2)(e) of	6377
this section to pay the costs it incurs in administering the grant	6378
program established by division (F)(2)(e) of this section and in	6379
providing training and materials relating to drug abuse resistance	6380
education programs.	6381

The attorney general shall report to the governor and the	6382
general assembly each fiscal year on the progress made in	6383
establishing and implementing drug abuse resistance education	6384
programs. These reports shall include an evaluation of the	6385
effectiveness of these programs.	6386

(G) Suspension of a commercial driver's license under	6387
division (B) or (C) of this section shall be concurrent with any	6388
period of disqualification under section 3123.611 or 4506.16 of	6389
the Revised Code or any period of suspension under section 3123.58	6390
of the Revised Code. No person who is disqualified for life from	6391
holding a commercial driver's license under section 4506.16 of the	6392
Revised Code shall be issued a driver's license under Chapter	6393
4507. of the Revised Code during the period for which the	6394
commercial driver's license was suspended under division (B) or	6395
(C) of this section. No person whose commercial driver's license	6396
is suspended under division (B) or (C) of this section shall be	6397
issued a driver's license under Chapter 4507. of the Revised Code	6398
during the period of the suspension.	6399

(H)(1) Each county shall establish an indigent drivers	6400
alcohol treatment fund, each county shall establish a juvenile	6401
indigent drivers alcohol treatment fund, and each municipal	6402
corporation in which there is a municipal court shall establish an	6403
indigent drivers alcohol treatment fund. All revenue that the	6404
general assembly appropriates to the indigent drivers alcohol	6405
treatment fund for transfer to a county indigent drivers alcohol	6406
treatment fund, a county juvenile indigent drivers alcohol	6407
treatment fund, or a municipal indigent drivers alcohol treatment	6408
fund, all portions of fees that are paid under division (F) of	6409
this section and that are credited under that division to the	6410
indigent drivers alcohol treatment fund in the state treasury for	6411
a county indigent drivers alcohol treatment fund, a county	6412
juvenile indigent drivers alcohol treatment fund, or a municipal	6413
indigent drivers alcohol treatment fund, all portions of	6414
additional costs imposed under section 2949.094 of the Revised	6415
Code that are specified for deposit into a county, county	6416
juvenile, or municipal indigent drivers alcohol treatment fund by	6417
that section, and all portions of fines that are specified for	6418
deposit into a county or municipal indigent drivers alcohol	6419
treatment fund by section 4511.193 of the Revised Code shall be	6420
deposited into that county indigent drivers alcohol treatment	6421
fund, county juvenile indigent drivers alcohol treatment fund, or	6422
municipal indigent drivers alcohol treatment fund. The portions of	6423
the fees paid under division (F) of this section that are to be so	6424
deposited shall be determined in accordance with division (H)(2)	6425
of this section. Additionally, all portions of fines that are	6426
paid for a violation of section 4511.19 of the Revised Code or	6427
of any prohibition contained in Chapter 4510. of the Revised	6428
Code, and that are required under section 4511.19 or any provision	6429
of Chapter 4510. of the Revised Code to be deposited into a	6430
county indigent drivers alcohol treatment fund or municipal	6431
indigent drivers alcohol treatment fund shall be deposited into	6432
the appropriate fund in accordance with the applicable division of	6433
the section or provision.	6434

(2) That portion of the license reinstatement fee that is	6435
paid under division (F) of this section and that is credited under	6436
that division to the indigent drivers alcohol treatment fund	6437
shall be deposited into a county indigent drivers alcohol	6438
treatment fund, a county juvenile indigent drivers alcohol	6439
treatment fund, or a municipal indigent drivers alcohol treatment	6440
fund as follows:	6441

(a) Regarding a suspension imposed under this section, that	6442
portion of the fee shall be deposited as follows:	6443

(i) If the fee is paid by a person who was charged in a	6444
county court with the violation that resulted in the suspension	6445
or in the imposition of the court costs, the portion shall be	6446
deposited into the county indigent drivers alcohol treatment fund	6447
under the control of that court;	6448

(ii) If the fee is paid by a person who was charged in a	6449
juvenile court with the violation that resulted in the suspension	6450
or in the imposition of the court costs, the portion shall be	6451
deposited into the county juvenile indigent drivers alcohol	6452
treatment fund established in the county served by the court;	6453

(iii) If the fee is paid by a person who was charged in a	6454
municipal court with the violation that resulted in the	6455
suspension or in the imposition of the court costs, the portion	6456
shall be deposited into the municipal indigent drivers alcohol	6457
treatment fund under the control of that court.	6458

(b) Regarding a suspension imposed under section 4511.19 of	6459
the Revised Code or under section 4510.07 of the Revised Code for	6460
a violation of a municipal OVI ordinance, that portion of the fee	6461
shall be deposited as follows:	6462

(i) If the fee is paid by a person whose license or permit	6463
was suspended by a county court, the portion shall be deposited	6464
into the county indigent drivers alcohol treatment fund under the	6465
control of that court;	6466

(ii) If the fee is paid by a person whose license or permit	6467
was suspended by a municipal court, the portion shall be deposited	6468
into the municipal indigent drivers alcohol treatment fund under	6469
the control of that court.	6470

(3) Expenditures from a county indigent drivers alcohol	6471
treatment fund, a county juvenile indigent drivers alcohol	6472
treatment fund, or a municipal indigent drivers alcohol treatment	6473
fund shall be made only upon the order of a county, juvenile, or	6474
municipal court judge and only for payment of the cost of an	6475
assessment or the cost of the attendance at an alcohol and drug	6476
addiction treatment program of a person who is convicted of, or	6477
found to be a juvenile traffic offender by reason of, a violation	6478
of division (A) of section 4511.19 of the Revised Code or a	6479
substantially similar municipal ordinance, who is ordered by the	6480
court to attend the alcohol and drug addiction treatment program,	6481
and who is determined by the court to be unable to pay the cost of	6482
the assessment or the cost of attendance at the treatment program	6483
or for payment of the costs specified in division (H)(4) of this	6484
section in accordance with that division. The alcohol and drug	6485
addiction services board or the board of alcohol, drug addiction,	6486
and mental health services established pursuant to section 340.02	6487
or 340.021 of the Revised Code and serving the alcohol, drug	6488
addiction, and mental health service district in which the court	6489
is located shall administer the indigent drivers alcohol treatment	6490
program of the court. When a court orders an offender or juvenile	6491
traffic offender to obtain an assessment or attend an alcohol and	6492
drug addiction treatment program, the board shall determine which	6493
program is suitable to meet the needs of the offender or juvenile	6494
traffic offender, and when a suitable program is located and space	6495
is available at the program, the offender or juvenile traffic	6496
offender shall attend the program designated by the board. A	6497
reasonable amount not to exceed five per cent of the amounts	6498
credited to and deposited into the county indigent drivers alcohol	6499
treatment fund, the county juvenile indigent drivers alcohol	6500
treatment fund, or the municipal indigent drivers alcohol	6501
treatment fund serving every court whose program is administered	6502
by that board shall be paid to the board to cover the costs it	6503
incurs in administering those indigent drivers alcohol treatment	6504
programs.	6505

In addition, upon exhaustion of moneys in the indigent	6506
drivers interlock and alcohol monitoring fund for the use of an	6507
alcohol monitoring device, a county, juvenile, or municipal court	6508
judge may use moneys in the county indigent drivers alcohol	6509
treatment fund, county juvenile indigent drivers alcohol	6510
treatment fund, or municipal indigent drivers alcohol treatment	6511
fund in the following manners:	6512

(a) If the source of the moneys was an appropriation of the	6513
general assembly, a portion of a fee that was paid under division	6514
(F) of this section, a portion of a fine that was specified for	6515
deposit into the fund by section 4511.193 of the Revised Code, or	6516
a portion of a fine that was paid for a violation of section	6517
4511.19 of the Revised Code or of a provision contained in Chapter	6518
4510. of the Revised Code that was required to be deposited into	6519
the fund, to pay for the continued use of an alcohol monitoring	6520
device by an offender or juvenile traffic offender, in	6521
conjunction with a treatment program approved by the department	6522
of alcohol and drug addiction services, when such use is	6523
determined clinically necessary by the treatment program and	6524
when the court determines that the offender or juvenile traffic	6525
offender is unable to pay all or part of the daily monitoring or	6526
cost of the device;	6527

(b) If the source of the moneys was a portion of an	6528
additional court cost imposed under section 2949.094 of the	6529
Revised Code, to pay for the continued use of an alcohol	6530
monitoring device by an offender or juvenile traffic offender	6531
when the court determines that the offender or juvenile traffic	6532
offender is unable to pay all or part of the daily monitoring or	6533
cost of the device. The moneys may be used for a device as	6534
described in this division if the use of the device is in	6535
conjunction with a treatment program approved by the department	6536
of alcohol and drug addiction services, when the use of the device	6537
is determined clinically necessary by the treatment program, but	6538
the use of a device is not required to be in conjunction with a	6539
treatment program approved by the department in order for the	6540
moneys to be used for the device as described in this division.	6541

(4) If a county, juvenile, or municipal court determines, in	6542
consultation with the alcohol and drug addiction services board or	6543
the board of alcohol, drug addiction, and mental health services	6544
established pursuant to section 340.02 or 340.021 of the Revised	6545
Code and serving the alcohol, drug addiction, and mental health	6546
district in which the court is located, that the funds in the	6547
county indigent drivers alcohol treatment fund, the county	6548
juvenile indigent drivers alcohol treatment fund, or the municipal	6549
indigent drivers alcohol treatment fund under the control of the	6550
court are more than sufficient to satisfy the purpose for which	6551
the fund was established, as specified in divisions (H)(1) to (3)	6552
of this section, the court may declare a surplus in the fund. If	6553
the court declares a surplus in the fund, the court may expend the	6554
amount of the surplus in the fund for:	6555

(a) Alcohol and drug abuse assessment and treatment of	6556
persons who are charged in the court with committing a criminal	6557
offense or with being a delinquent child or juvenile traffic	6558
offender and in relation to whom both of the following apply:	6559

(i) The court determines that substance abuse was a	6560
contributing factor leading to the criminal or delinquent activity	6561
or the juvenile traffic offense with which the person is charged.	6562

(ii) The court determines that the person is unable to pay	6563
the cost of the alcohol and drug abuse assessment and treatment	6564
for which the surplus money will be used.	6565

(b) All or part of the cost of purchasing alcohol monitoring	6566
devices to be used in conjunction with division (H)(3) of this	6567
section, upon exhaustion of moneys in the indigent drivers	6568
interlock and alcohol monitoring fund for the use of an alcohol	6569
monitoring device.	6570

(5) For the purpose of determining as described in division	6571
(F)(2)(c) of this section whether an offender does not have the	6572
means to pay for the offender's attendance at an alcohol and drug	6573
addiction treatment program or whether an alleged offender or	6574
delinquent child is unable to pay the costs specified in division	6575
(H)(4) of this section, the court shall use the indigent client	6576
eligibility guidelines and the standards of indigency established	6577
by the state public defender to make the determination.	6578

(6) The court shall identify and refer any alcohol and drug	6579
addiction program that is not certified under section 3793.06 of	6580
the Revised Code and that is interested in receiving amounts from	6581
the surplus in the fund declared under division (H)(4) of this	6582
section to the department of alcohol and drug addiction services	6583
in order for the program to become a certified alcohol and drug	6584
addiction program. The department shall keep a record of	6585
applicant referrals received pursuant to this division and shall	6586
submit a report on the referrals each year to the general	6587
assembly. If a program interested in becoming certified makes an	6588
application to become certified pursuant to section 3793.06 of	6589
the Revised Code, the program is eligible to receive surplus	6590
funds as long as the application is pending with the department.	6591
The department of alcohol and drug addiction services must offer	6592
technical assistance to the applicant. If the interested program	6593
withdraws the certification application, the department must	6594
notify the court, and the court shall not provide the interested	6595
program with any further surplus funds.	6596

(I)(1) Each county shall establish an indigent drivers	6597
interlock and alcohol monitoring fund and a juvenile indigent	6598
drivers interlock and alcohol treatment fund, and each municipal	6599
corporation in which there is a municipal court shall establish an	6600
indigent drivers interlock and alcohol monitoring fund. All	6601
revenue that the general assembly appropriates to the indigent	6602
drivers interlock and alcohol monitoring fund for transfer to a	6603
county indigent drivers interlock and alcohol monitoring fund, a	6604
county juvenile indigent drivers interlock and alcohol monitoring	6605
fund, or a municipal indigent drivers interlock and alcohol	6606
monitoring fund, all portions of license reinstatement fees that	6607
are paid under division (F)(2) of this section and that are	6608
credited under that division to the indigent drivers interlock and	6609
alcohol monitoring fund in the state treasury, and all portions of	6610
fines that are paid under division (G) of section 4511.19 of the	6611
Revised Code and that are credited by division (G)(5)(e) of that	6612
section to the indigent drivers interlock and alcohol monitoring	6613
fund in the state treasury shall be deposited in the appropriate	6614
fund in accordance with division (I)(2) of this section.	6615

(2) That portion of the license reinstatement fee that is	6616
paid under division (F) of this section and that portion of the	6617
fine paid under division (G) of section 4511.19 of the Revised	6618
Code and that is credited under either division to the indigent	6619
drivers interlock and alcohol monitoring fund shall be deposited	6620
into a county indigent drivers interlock and alcohol monitoring	6621
fund, a county juvenile indigent drivers interlock and alcohol	6622
monitoring fund, or a municipal indigent drivers interlock and	6623
alcohol monitoring fund as follows:	6624

(a) If the fee or fine is paid by a person who was charged in	6625
a county court with the violation that resulted in the suspension	6626
or fine, the portion shall be deposited into the county indigent	6627
drivers interlock and alcohol monitoring fund under the control of	6628
that court.	6629

(b) If the fee or fine is paid by a person who was charged in	6630
a juvenile court with the violation that resulted in the	6631
suspension or fine, the portion shall be deposited into the county	6632
juvenile indigent drivers interlock and alcohol monitoring fund	6633
established in the county served by the court.	6634

(c) If the fee or fine is paid by a person who was charged in	6635
a municipal court with the violation that resulted in the	6636
suspension, the portion shall be deposited into the municipal	6637
indigent drivers interlock and alcohol monitoring fund under the	6638
control of that court.	6639

Sec. 4511.213. (A) The driver of a motor vehicle, upon	6640
approaching a stationary public safety vehicle, an emergency	6641
vehicle, or a road service vehicle that is displaying ~~a flashing~~	6642
~~red light, flashing combination red and white light, oscillating~~	6643
~~or rotating red light, oscillating or rotating combination red~~	6644
~~and white light, flashing blue light,~~the appropriate visual	6645
signals by means of flashing ~~combination blue and white light,~~	6646
~~oscillating or rotating blue light, or~~, oscillating, or rotating	6647
~~combination blue and white light~~lights, as prescribed in section	6648
4513.17 of the Revised Code, shall do either of the following:	6649

(1) If the driver of the motor vehicle is traveling on a	6650
highway that consists of at least two lanes that carry traffic in	6651
the same direction of travel as that of the driver's motor	6652
vehicle, the driver shall proceed with due caution and, if	6653
possible and with due regard to the road, weather, and traffic	6654
conditions, shall change lanes into a lane that is not adjacent to	6655
that of the stationary public safety vehicle, an emergency	6656
vehicle, or a road service vehicle.	6657

(2) If the driver is not traveling on a highway of a type	6658
described in division (A)(1) of this section, or if the driver is	6659
traveling on a highway of that type but it is not possible to	6660
change lanes or if to do so would be unsafe, the driver shall	6661
proceed with due caution, reduce the speed of the motor vehicle,	6662
and maintain a safe speed for the road, weather, and traffic	6663
conditions.	6664

(B) This section does not relieve the driver of a public	6665
safety vehicle, an emergency vehicle, or a road service vehicle	6666
from the duty to drive with due regard for the safety of all	6667
persons and property upon the highway.	6668

(C) No person shall fail to drive a motor vehicle in	6669
compliance with division (A)(1) or (2) of this section when so	6670
required by division (A) of this section.	6671

(D)(1) Except as otherwise provided in this division, whoever	6672
violates this section is guilty of a minor misdemeanor. If, within	6673
one year of the offense, the offender previously has been	6674
convicted of or pleaded guilty to one predicate motor vehicle or	6675
traffic offense, whoever violates this section is guilty of a	6676
misdemeanor of the fourth degree. If, within one year of the	6677
offense, the offender previously has been convicted of two or more	6678
predicate motor vehicle or traffic offenses, whoever violates this	6679
section is guilty of a misdemeanor of the third degree.	6680

(2) Notwithstanding section 2929.28 of the Revised Code, upon	6681
a finding that a person operated a motor vehicle in violation of	6682
division (C) of this section, the court, in addition to all other	6683
penalties provided by law, shall impose a fine of two times the	6684
usual amount imposed for the violation.	6685

~~(E) As used in this section, "public safety vehicle" has the~~	6686
~~same meaning as in section 4511.01 of the Revised Code.~~	6687

Sec. 4513.03. (A) Every vehicle, other than a motorized	6688
bicycle, operated upon a street or highway within this state shall	6689
display lighted lights and illuminating devices as required by	6690
sections 4513.04 to 4513.37 of the Revised Code during all of the	6691
following times:	6692

(1) The time from sunset to sunrise~~, and at~~;

6693

(2) At any other time when ~~there are~~, due to insufficient	6694
natural light or unfavorable atmospheric conditions ~~or when there~~	6695
~~is not sufficient natural light to render discernible~~, persons,	6696
vehicles, and substantial objects on the highway are not	6697
discernible at a distance of one thousand feet ahead~~, shall~~	6698
~~display lighted lights and illuminating devices as required by~~	6699
~~sections 4513.04 to 4513.37 of the Revised Code, for different~~	6700
~~classes of vehicles; except that every~~;	6701

(3) At any time when the windshield wipers of the vehicle are	6702
in use because of precipitation on the windshield.	6703

Every motorized bicycle shall display at such times lighted	6704
lights meeting the rules adopted by the director of public safety	6705
under section 4511.521 of the Revised Code. No motor vehicle,	6706
during ~~such times~~any time specified in this section, shall be	6707
operated upon a street or highway within this state using only	6708
parking lights as illumination.	6709

Whenever in such sections a requirement is declared as to the	6710
distance from which certain lamps and devices shall render objects	6711
visible, or within which such lamps or devices shall be visible,	6712
such distance shall be measured upon a straight level unlighted	6713
highway under normal atmospheric conditions unless a different	6714
condition is expressly stated.	6715

Whenever in such sections a requirement is declared as to the	6716
mounted height of lights or devices, it shall mean from the center	6717
of such light or device to the level ground upon which the vehicle	6718
stands.	6719

(B) Whoever violates this section shall be punished as	6720
provided in section 4513.99 of the Revised Code.	6721

Sec. 4513.263. (A) As used in this section and in section	6722
4513.99 of the Revised Code:	6723

(1) "Automobile" means any commercial tractor, passenger car,	6724
commercial car, or truck that is required to be factory-equipped	6725
with an occupant restraining device for the operator or any	6726
passenger by regulations adopted by the United States secretary of	6727
transportation pursuant to the "National Traffic and Motor Vehicle	6728
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	6729

(2) "Occupant restraining device" means a seat safety belt,	6730
shoulder belt, harness, or other safety device for restraining a	6731
person who is an operator of or passenger in an automobile and	6732
that satisfies the minimum federal vehicle safety standards	6733
established by the United States department of transportation.	6734

(3) "Passenger" means any person in an automobile, other than	6735
a child and other than its operator, who is occupying a seating	6736
position ~~for which an occupant restraining device is provided~~.	6737

(4) "Child" means any person under the age of sixteen years	6738
who is occupying a seating position.	6739

(5) "Seating position" means any motor vehicle interior	6740
space.	6741

(6) "Commercial tractor," "passenger car," and "commercial	6742
car" have the same meanings as in section 4501.01 of the Revised	6743
Code.	6744

~~(5)~~(7) "Vehicle" and "motor vehicle," as used in the	6745
definitions of the terms set forth in division (A)~~(4)~~(6) of this	6746
section, have the same meanings as in section 4511.01 of the	6747
Revised Code.	6748

~~(6)~~(8) "Tort action" means a civil action for damages for	6749
injury, death, or loss to person or property. "Tort action"	6750
includes a product liability claim, as defined in section 2307.71	6751
of the Revised Code, and an asbestos claim, as defined in section	6752
2307.91 of the Revised Code, but does not include a civil action	6753
for damages for breach of contract or another agreement between	6754
persons.	6755

(B) No person shall do any of the following:

6756

(1) Operate an automobile on any street or highway unless	6757
that person is wearing all of the available elements of a properly	6758
adjusted occupant restraining device, or operate a school bus that	6759
has an occupant restraining device installed for use in its	6760
operator's seat unless that person is wearing all of the available	6761
elements of the device, as properly adjusted;	6762

(2) Operate an automobile on any street or highway unless	6763
each passenger in the automobile ~~who is subject to~~occupying a	6764
seating position in the ~~requirement set forth in division (B)(3)~~	6765
~~of this section~~front seat area of the automobile is wearing all	6766
of the available elements of a properly adjusted occupant	6767
restraining device;	6768

(3) Operate an automobile on any street or highway unless	6769
each child occupying a seating position in the front seat area of	6770
an automobile is secured in a child restraint device, secured in a	6771
booster seat, or restrained either in accordance with the	6772
manufacturer's instructions in a child restraint system that meets	6773
federal motor vehicle safety standards or in an occupant	6774
restraining device.	6775

(4) Occupy, as a passenger, a seating position onin the	6776
front seat area of an automobile being operated on any street or	6777
highway unless that person is wearing all of the available	6778
elements of a properly adjusted occupant restraining device;	6779

~~(4)~~(5) Operate a taxicab on any street or highway unless all	6780
factory-equipped occupant restraining devices in the taxicab are	6781
maintained in usable form.	6782

(C) Division (B)(3) of this section ~~does not apply~~applies to	6783
~~a person who is required by~~any child occupying a seating position	6784
in the front seat area of an automobile, notwithstanding any	6785
provision of law to the contrary, including section 4511.81 of the	6786
Revised Code ~~to be secured in a child restraint device or booster~~	6787
~~seat~~. Division (B)(1) of this section does not apply to a person	6788
who is an employee of the United States postal service or of a	6789
newspaper home delivery service, during any period in which the	6790
person is engaged in the operation of an automobile to deliver	6791
mail or newspapers to addressees. Divisions (B)(1) and ~~(3)~~(4) of	6792
this section do not apply to a person who has an affidavit signed	6793
by a physician licensed to practice in this state under Chapter	6794
4731. of the Revised Code or a chiropractor licensed to practice	6795
in this state under Chapter 4734. of the Revised Code that states	6796
that the person has a physical impairment that makes use of an	6797
occupant restraining device impossible or impractical.	6798

(D) ~~Notwithstanding any provision of law to the contrary, no~~	6799
A law enforcement officer ~~shall~~may cause anthe operator of an	6800
automobile being operated on any street or highway to stop the	6801
automobile ~~for~~solely because the ~~sole purpose of determining~~	6802
~~whether~~officer observes that a violation of division (B) of this	6803
section has been or is being committed ~~or for the sole purpose of~~	6804
~~issuing a ticket, citation, or summons for a violation of that~~	6805
~~nature or causing the arrest of or commencing a prosecution of a~~	6806
~~person for a violation of that nature, and no law enforcement~~	6807
~~officer shall view the interior or visually inspect any automobile~~	6808
~~being operated on any street or highway for the sole purpose of~~	6809
~~determining whether a~~in the same manner as any other motor	6810
vehicle traffic violation ~~of that nature has been or is being~~	6811
~~committed~~. A stop of an automobile by a law enforcement officer	6812
for a violation of division (B) of this section does not by itself	6813
constitute probable cause to conduct a search of the automobile.	6814

(E) All fines collected for violations of division (B) of	6815
this section, or for violations of any ordinance or resolution of	6816
a political subdivision that is substantively comparable to that	6817
division, shall be forwarded to the treasurer of state for deposit	6818
as follows:	6819

(1) Eight per cent shall be deposited into the seat belt	6820
education fund, which is hereby created in the state treasury, and	6821
shall be used by the department of public safety to establish a	6822
seat belt education program.	6823

(2) Eight per cent shall be deposited into the elementary	6824
school program fund, which is hereby created in the state	6825
treasury, and shall be used by the department of public safety to	6826
establish and administer elementary school programs that encourage	6827
seat safety belt use.	6828

(3) Two per cent shall be deposited into the occupational	6829
licensing and regulatory fund created by section 4743.05 of the	6830
Revised Code.	6831

(4) Twenty-eight per cent, plus one dollar and twenty-five	6832
cents of each fee collected under sections 4501.34, 4503.26,	6833
4506.08, and 4509.05, plus on and after October 1, 2009, one	6834
dollar and twenty-five cents of each fee collected under sections	6835
1548.14, 4505.14, and 4519.63 of the Revised Code as specified in	6836
those sections, shall be deposited into the trauma and emergency	6837
medical services fund, which is hereby created in the state	6838
treasury, and shall be used by the department of public safety for	6839
the administration of the division of emergency medical services	6840
and the state board of emergency medical services, except that the	6841
director of budget and management may transfer excess money from	6842
the trauma and emergency medical services fund to the state	6843
highway safety fund if the director of public safety determines	6844
that the amount of money in the trauma and emergency medical	6845
services fund exceeds the amount required to cover such costs	6846
incurred by the emergency medical services agency and requests	6847
the director of budget and management to make the transfer.	6848

(5) Fifty-four per cent shall be deposited into the trauma	6849
and emergency medical services grants fund, which is hereby	6850
created in the state treasury, and shall be used by the state	6851
board of emergency medical services to make grants, in accordance	6852
with section 4765.07 of the Revised Code and rules the board	6853
adopts under section 4765.11 of the Revised Code.	6854

(F)(1) Subject to division (F)(2) of this section, the	6855
failure of a person to wear all of the available elements of a	6856
properly adjusted occupant restraining device in violation of	6857
division (B)(1) or ~~(3)~~(4) of this section or the failure of a	6858
person to ensure that each minor who is a passenger of an	6859
automobile being operated by that person is wearing all of the	6860
available elements of a properly adjusted occupant restraining	6861
device in violation of division (B)(2) of this section shall not	6862
be considered or used by the trier of fact in a tort action as	6863
evidence of negligence or contributory negligence. But, the trier	6864
of fact may determine based on evidence admitted consistent with	6865
the Ohio Rules of Evidence that the failure contributed to the	6866
harm alleged in the tort action and may diminish a recovery of	6867
compensatory damages that represents noneconomic loss, as defined	6868
in section 2307.011 of the Revised Code, in a tort action that	6869
could have been recovered but for the plaintiff's failure to wear	6870
all of the available elements of a properly adjusted occupant	6871
restraining device. Evidence of that failure shall not be used as	6872
a basis for a criminal prosecution of the person other than a	6873
prosecution for a violation of this section; and shall not be	6874
admissible as evidence in a criminal action involving the person	6875
other than a prosecution for a violation of this section.	6876

(2) If, at the time of an accident involving a passenger car	6877
equipped with occupant restraining devices, any occupant of the	6878
passenger car who sustained injury or death was not wearing an	6879
available occupant restraining device, was not wearing all of the	6880
available elements of such a device, or was not wearing such a	6881
device as properly adjusted, then, consistent with the Rules of	6882
Evidence, the fact that the occupant was not wearing the available	6883
occupant restraining device, was not wearing all of the available	6884
elements of such a device, or was not wearing such a device as	6885
properly adjusted is admissible in evidence in relation to any	6886
claim for relief in a tort action to the extent that the claim for	6887
relief satisfies all of the following:	6888

(a) It seeks to recover damages for injury or death to the	6889
occupant.	6890

(b) The defendant in question is the manufacturer, designer,	6891
distributor, or seller of the passenger car.	6892

(c) The claim for relief against the defendant in question is	6893
that the injury or death sustained by the occupant was enhanced or	6894
aggravated by some design defect in the passenger car or that the	6895
passenger car was not crashworthy.	6896

(G)(1) Whoever violates division (B)(1), (2), or (4) of this	6897
section shall be fined thirty dollars.	6898

(2) Whoever violates division (B)(3) of this section is	6899
guilty of a minor misdemeanor and shall be fined ~~twenty~~not less	6900
than twenty-five dollars. If the offender previously has been	6901
convicted of or pleaded guilty to a violation of division (B)(3)	6902
of this section, section 4511.81 of the Revised Code, or a	6903
municipal ordinance that is substantially similar to that division	6904
or section, the offender is guilty of a misdemeanor of the fourth	6905
degree.	6906

(3) Except as otherwise provided in this division, whoever	6907
violates division (B)~~(4)~~(5) of this section is guilty of a minor	6908
misdemeanor. If the offender previously has been convicted of or	6909
pleaded guilty to a violation of division (B)~~(4)~~(5) of this	6910
section, whoever violates division (B)~~(4)~~(5) of this section is	6911
guilty of a misdemeanor of the third degree.	6912

Sec. 4519.02. (A) Except as provided in divisions (B), (C),	6913
and (D) of this section, no person shall operate any snowmobile,	6914
off-highway motorcycle, or all-purpose vehicle within this state	6915
unless the snowmobile, off-highway motorcycle, or all-purpose	6916
vehicle is registered and numbered in accordance with sections	6917
4519.03 and 4519.04 of the Revised Code.	6918

(B)(1) No registration is required for a snowmobile,or	6919
off-highway motorcycle~~, or all-purpose vehicle~~ that is operated	6920
exclusively upon lands owned by the owner of the snowmobile,or	6921
off-highway motorcycle, ~~or all-purpose vehicle,~~ or on lands to	6922
which the owner of the snowmobile or off-highway motorcycle has a	6923
contractual right.	6924

(2) No registration is required for an all-purpose vehicle	6925
that is used primarily on a farm as a farm implement.	6926

(C) No registration is required for a snowmobile, off-highway	6927
motorcycle, or all-purpose vehicle owned and used in this state by	6928
a resident of another state whenever that state has in effect a	6929
registration law similar to this chapter and the snowmobile,	6930
off-highway motorcycle, or all-purpose vehicle is properly	6931
registered under that state's law. Any snowmobile, off-highway	6932
motorcycle, or all-purpose vehicle owned and used in this state by	6933
a resident of a state not having a registration law similar to	6934
this chapter shall comply with section 4519.09 of the Revised	6935
Code.	6936

(D) No registration is required for a snowmobile, off-highway	6937
motorcycle, or all-purpose vehicle owned and used in this state by	6938
the United States, another state, or a political subdivision	6939
thereof, but the snowmobile, off-highway motorcycle, or	6940
all-purpose vehicle shall display the name of the owner thereon.	6941

(E) The owner or operator of any all-purpose vehicle operated	6942
or used upon the waters in this state shall comply with Chapters	6943
1547. and 1548. of the Revised Code relative to the operation of	6944
watercraft.	6945

(F) Except as otherwise provided in this division, whoever	6946
violates division (A) of this section shall be fined not ~~more~~less	6947
than ~~twenty-five~~fifty dollars but not more than one hundred	6948
dollars. ~~If the offender previously has been convicted of or~~	6949
~~pleaded guilty to a violation of division (A) of this section,~~	6950
~~whoever violates division (A) of this section shall be fined not~~	6951
~~less than twenty-five nor more than fifty dollars.~~	6952

Sec. 4519.03. (A) The owner of every snowmobile, off-highway	6953
motorcycle, and all-purpose vehicle required to be registered	6954
under section 4519.02 of the Revised Code shall file an	6955
application for registration with the registrar of motor vehicles	6956
or a deputy registrar, on blanks furnished by the registrar for	6957
that purpose and containing all of the following information:	6958

(1) A brief description of the snowmobile, off-highway	6959
motorcycle, or all-purpose vehicle, including the year, make,	6960
model, and the vehicle identification number;	6961

(2) The name, residence, and business address of the owner;

6962

(3) A statement that the snowmobile, off-highway motorcycle,	6963
or all-purpose vehicle is equipped as required by section 4519.20	6964
of the Revised Code and any rule adopted under that section. The	6965
statement shall include a check list of the required equipment	6966
items in the form the registrar shall prescribe.	6967

The application shall be signed by the owner of the	6968
snowmobile, off-highway motorcycle, or all-purpose vehicle and	6969
shall be accompanied by a fee as provided in division (C) of	6970
section 4519.04 of the Revised Code.	6971

If the application is not in proper form, or if the vehicle	6972
for which registration is sought does not appear to be equipped as	6973
required by section 4519.20 of the Revised Code or any rule	6974
adopted under that section, the registration shall be refused, and	6975
no registration sticker, license plate, or validation sticker	6976
shall be issued.	6977

(B) On and after July 1, 1999, no certificate of registration	6978
or renewal of a certificate of registration shall be issued for an	6979
off-highway motorcycle or all-purpose vehicle required to be	6980
registered under section 4519.02 of the Revised Code, and no	6981
certificate of registration issued under this chapter for an	6982
off-highway motorcycle or all-purpose vehicle that is sold or	6983
otherwise transferred shall be transferred to the new owner of the	6984
off-highway motorcycle or all-purpose vehicle as permitted by	6985
division (B) of section 4519.05 of the Revised Code, unless a	6986
certificate of title has been issued under this chapter for the	6987
motorcycle or vehicle, and the owner or new owner, as the case may	6988
be, presents a physical certificate of title or memorandum	6989
certificate of title for inspection at the time the owner or new	6990
owner first submits a registration application, registration	6991
renewal application, or registration transfer application for the	6992
motorcycle or vehicle on or after July 1, 1999, if a physical	6993
certificate of title or memorandum certificate has been issued by	6994
a clerk of a court of common pleas. If, under sections 4519.512	6995
and 4519.58 of the Revised Code, a clerk instead has issued an	6996
electronic certificate of title for the applicant's off-highway	6997
motorcycle or all-purpose vehicle, that certificate may be	6998
presented for inspection at the time of first registration in a	6999
manner prescribed by rules adopted by the registrar.	7000

(C) When the owner of an off-highway motorcycle or	7001
all-purpose vehicle first registers it in the owner's name, and a	7002
certificate of title has been issued for the motorcycle or	7003
vehicle, the owner shall present for inspection a physical	7004
certificate of title or memorandum certificate of title showing	7005
title to the off-highway motorcycle or all-purpose vehicle in the	7006
name of the owner if a physical certificate of title or memorandum	7007
certificate has been issued by a clerk of a court of common pleas.	7008
If, under sections 4519.512 and 4519.58 of the Revised Code, a	7009
clerk instead has issued an electronic certificate of title for	7010
the applicant's off-highway motorcycle or all-purpose vehicle,	7011
that certificate may be presented for inspection at the time of	7012
first registration in a manner prescribed by rules adopted by the	7013
registrar. If, when the owner of such an off-highway motorcycle or	7014
all-purpose vehicle first makes application to register it in the	7015
owner's name, the application is not in proper form or the	7016
certificate of title or memorandum certificate of title does not	7017
accompany the registration or, in the case of an electronic	7018
certificate of title, is not presented in a manner prescribed by	7019
the registrar, the registration shall be refused, and neither a	7020
certificate of registration nor a registration sticker, license	7021
plate, or validation sticker shall be issued. When a certificate	7022
of registration and registration sticker, license plate, or	7023
validation sticker are issued upon the first registration of an	7024
off-highway motorcycle or all-purpose vehicle by or on behalf of	7025
the owner, the official issuing them shall indicate the issuance	7026
with a stamp on the certificate of title or memorandum certificate	7027
of title or, in the case of an electronic certificate of title, an	7028
electronic stamp or other notation as specified in rules adopted	7029
by the registrar.	7030

(D) Each deputy registrar shall be allowed a fee of ~~two~~	7031
~~dollars and seventy-five cents commencing on July 1, 2001, three~~	7032
~~dollars and twenty-five cents commencing on January 1, 2003, and~~	7033
three dollars and fifty cents ~~commencing on January 1, 2004,~~ for	7034
each application or renewal application received by the deputy	7035
registrar, which shall be for the purpose of compensating the	7036
deputy registrar for services, and office and rental expense, as	7037
may be necessary for the proper discharge of the deputy	7038
registrar's duties in the receiving of applications and the	7039
issuing of certificates of registration.	7040

Each deputy registrar, upon receipt of any application for	7041
registration, together with the registration fee, shall transmit	7042
the fee, together with the original and duplicate copy of the	7043
application, to the registrar in the manner and at the times the	7044
registrar, subject to the approval of the director of public	7045
safety and the treasurer of state, shall prescribe by rule.	7046

Sec. 4519.04. (A) Upon the filing of an application for	7047
registration of a snowmobile, off-highway motorcycle, or	7048
all-purpose vehicle and the payment of the tax therefor, the	7049
registrar of motor vehicles or a deputy registrar shall assign to	7050
the snowmobile, off-highway motorcycle, or all-purpose vehicle a	7051
distinctive number and issue and deliver to the owner in such	7052
manner as the registrar may select, a certificate of registration,	7053
in such form as the registrar shall prescribe. Any number so	7054
assigned to a snowmobile, off-highway motorcycle, or all-purpose	7055
vehicle shall be a permanent number, and shall not be issued to	7056
any other snowmobile, off-highway motorcycle, or all-purpose	7057
vehicle.	7058

(B)(1) In addition to the certificate of registration, the	7059
registrar or deputy registrar also shall issue to the owner of ~~the~~	7060
a snowmobile,or off-highway motorcycle~~, or all-purpose vehicle~~ a	7061
registration sticker. The registrar shall prescribe the color and	7062
size of the sticker, the combination of numerals and letters	7063
displayed on it, and placement of the sticker on the snowmobile,	7064
or off-highway motorcycle~~, or all-purpose vehicle~~.	7065

~~(B)~~ Upon receipt of a certificate of registration for a	7066
snowmobile, the owner shall paint or otherwise attach upon each	7067
side of the forward cowling of the snowmobile the identifying	7068
registration number, in block characters of not less than two	7069
inches in height and of such color as to be distinctly visible and	7070
legible.	7071

(2) The registrar or deputy registrar also shall issue to the	7072
owner of an all-purpose vehicle, in addition to the certificate of	7073
registration, one license plate and a validation sticker, or a	7074
validation sticker alone when applicable upon a registration	7075
renewal. The license plate and validation sticker shall be	7076
displayed on the all-purpose vehicle so that they are distinctly	7077
visible, in accordance with such rules as the registrar adopts.	7078
The validation sticker shall indicate the expiration date of the	7079
registration period of the all-purpose vehicle. During each	7080
succeeding registration period following the issuance of the	7081
license plate and validation sticker, upon the filing of an	7082
application for registration and payment of the fee specified in	7083
division (C) of this section, a validation sticker alone shall be	7084
issued.	7085

(C) Unless previously canceled, each certificate of	7086
registration issued for a snowmobile, off-highway motorcycle, or	7087
all-purpose vehicle expires upon the thirty-first day of December	7088
in the third year after the date it is issued. Application for	7089
renewal of a certificate may be made not earlier than ninety days	7090
preceding the expiration date, and shall be accompanied by a fee	7091
of ~~five~~thirty-one dollars and twenty-five cents.	7092

Notwithstanding section 4519.11 of the Revised Code, of each	7093
thirty-one dollar and twenty-five-cent fee collected for the	7094
registration of an all-purpose vehicle, the registrar shall retain	7095
not more than five dollars to pay for the licensing and	7096
registration costs the bureau of motor vehicles incurs in	7097
registering the all-purpose vehicle. The remainder of the fee	7098
shall be deposited into the state treasury to the credit of the	7099
state recreational vehicle fund created by section 4519.11 of the	7100
Revised Code.	7101

Sec. 4519.08. Any snowmobile, off-highway motorcycle, or	7102
all-purpose vehicle owned or leased by the state, by any of its	7103
political subdivisions, or by any volunteer organization that uses	7104
such vehicles exclusively for emergency purposes shall be	7105
registered free of charge. The registration number and	7106
registration sticker assigned to each such snowmobile,or	7107
off-highway motorcycle, orand the license plate and validation	7108
sticker assigned to such an all-purpose vehicle, shall be	7109
displayed as required by section 4519.04 of the Revised Code.	7110

Sec. 4519.09. Every owner or operator of a snowmobile,	7111
off-highway motorcycle, or all-purpose vehicle who is a resident	7112
of a state not having a registration law similar to this chapter,	7113
and who expects to use the snowmobile, off-highway motorcycle, or	7114
all-purpose vehicle in Ohio, shall apply to the registrar of	7115
motor vehicles or a deputy registrar for a temporary operating	7116
permit. The temporary operating permit shall be issued for a	7117
period not to exceed ~~fifteen days~~one year from the date of	7118
issuance, shall be in such form as the registrar determines,	7119
shall include the name and address of the owner and operator of	7120
the snowmobile, off-highway motorcycle, or all-purpose vehicle,	7121
and any other information as the registrar considers necessary,	7122
and shall be issued upon payment of a fee of ~~five~~eleven dollars	7123
and twenty-five cents. Every owner or operator receiving a	7124
temporary operating permit shall display it upon the reasonable	7125
request of any law enforcement officer or other person as	7126
authorized by sections 4519.42 and 4519.43 of the Revised Code.	7127

Sec. 4519.10. (A) The purchaser of an off-highway motorcycle	7128
or all-purpose vehicle, upon application and proof of purchase,	7129
may obtain a temporary license placard for it. The application for	7130
such a placard shall be signed by the purchaser of the off-highway	7131
motorcycle or all-purpose vehicle. The temporary license placard	7132
shall be issued only for the applicant's use of the off-highway	7133
motorcycle or all-purpose vehicle to enable the applicant to	7134
operate it legally while proper title and a registration sticker	7135
or license plate and validation sticker are being obtained and	7136
shall be displayed on no other off-highway motorcycle or	7137
all-purpose vehicle. A temporary license placard issued under this	7138
section shall be in a form prescribed by the registrar of motor	7139
vehicles, shall differ in some distinctive manner from a placard	7140
issued under section 4503.182 of the Revised Code, shall be valid	7141
for a period of thirty days from the date of issuance, and shall	7142
not be transferable or renewable. The placard either shall consist	7143
of or be coated with such material as will enable it to remain	7144
legible and relatively intact despite the environmental conditions	7145
to which the placard is likely to be exposed during the thirty-day	7146
period for which it is valid. The purchaser of an off-highway	7147
motorcycle or all-purpose vehicle shall attach the temporary	7148
license placard to it, in a manner prescribed by rules the	7149
registrar shall adopt, so that the placard numerals or letters are	7150
clearly visible.	7151

The fee for a temporary license placard issued under this	7152
section shall be two dollars. If the placard is issued by a deputy	7153
registrar, the deputy registrar shall charge an additional fee of	7154
~~two dollars and seventy-five cents commencing on July 1, 2001,~~	7155
~~three dollars and twenty-five cents commencing on January 1, 2003,~~	7156
~~and~~ three dollars and fifty cents ~~commencing on January 1, 2004~~,	7157
which the deputy registrar shall retain. The deputy registrar	7158
shall transmit each two-dollar fee received by the deputy	7159
registrar under this section to the registrar, who shall pay the	7160
two dollars to the treasurer of state for deposit into the state	7161
bureau of motor vehicles fund established by section 4501.25 of	7162
the Revised Code.	7163

(B) The registrar may issue temporary license placards to a	7164
dealer to be issued to purchasers for use on vehicles sold by the	7165
dealer, in accordance with rules prescribed by the registrar. The	7166
dealer shall notify the registrar within forty-eight hours of	7167
proof of issuance on a form prescribed by the registrar.	7168

The fee for each such placard issued by the registrar to a	7169
dealer shall be two dollars plus a fee of ~~two dollars and~~	7170
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	7171
~~twenty-five cents commencing on January 1, 2003, and~~ three dollars	7172
and fifty cents ~~commencing on January 1, 2004~~.	7173

Sec. 4519.44. (A) No person who does not hold a valid,	7174
current motor vehicle driver's or commercial driver's license,	7175
motorcycle operator's endorsement, or probationary license, issued	7176
under Chapter 4506. or 4507. of the Revised Code or a valid,	7177
current driver's license issued by another jurisdiction, shall	7178
operate a snowmobile, off-highway motorcycle, or all-purpose	7179
vehicle on any street or highway in this state, on any portion of	7180
the right-of-way thereof, or on any public land or waters.	7181

(B) No person who is less than sixteen years of age shall	7182
operate a snowmobile, off-highway motorcycle, or all-purpose	7183
vehicle on any land or waters other than private property or	7184
waters owned by or leased to the person's parent or guardian,	7185
unless accompanied by another person who is eighteen years of age,	7186
or older, and who holds a license as provided in division (A) of	7187
this section, except that the department of natural resources may	7188
permit such operation on state controlled land under its	7189
jurisdiction when such person is less than sixteen years of age,	7190
but is twelve years of age or older and is accompanied by a parent	7191
or guardian who is a licensed driver eighteen years of age or	7192
older.	7193

(C) Whoever violates this section shall be fined not less	7194
than fifty nor more than five hundred dollars, imprisoned not less	7195
than three nor more than thirty days, or both.	7196

Sec. 4519.47. (A) Whenever a person is found guilty of	7197
operating a snowmobile, off-highway motorcycle, or all-purpose	7198
vehicle in violation of any rule authorized to be adopted under	7199
section 4519.21 or 4519.42 of the Revised Code, the trial judge of	7200
any court of record, in addition to or independent of any other	7201
penalties provided by law, may impound for not less than sixty	7202
days the certificate of registration and license plate, if	7203
applicable, of that snowmobile, off-highway motorcycle, or	7204
all-purpose vehicle. The court shall send the impounded	7205
certificate of registration and license plate, if applicable, to	7206
the registrar of motor vehicles, who shall retain the certificate	7207
of registration and license plate, if applicable, until the	7208
expiration of the period of impoundment.	7209

(B) If a court impounds the certificate of registration and	7210
license plate of an all-purpose vehicle pursuant to section	7211
2911.21 of the Revised Code, the court shall send the impounded	7212
certificate of registration and license plate to the registrar,	7213
who shall retain them until the expiration of the period of	7214
impoundment.	7215

Sec. 4519.59. (A)(1) The clerk of a court of common pleas	7216
shall charge ~~a fee of five~~and retain fees as follows:	7217

(a) Fifteen dollars for each certificate of title,or	7218
duplicate certificate of title,including the issuance of a	7219
memorandum certificate of title, authorization to print a	7220
non-negotiable evidence of ownership described in division (D) of	7221
section 4519.58 of the Revised Code, non-negotiable evidence of	7222
ownership printed by the clerk under division (E) of that section,	7223
and notation of any lien on a certificate of title that is applied	7224
for at the same time as the certificate of title. The clerk shall	7225
retain ~~two~~eleven dollars and ~~twenty-five~~fifty cents of ~~the~~that	7226
fee ~~charged for each certificate of title, four dollars and~~	7227
~~seventy-five cents of the fee charged for each duplicate~~	7228
~~certificate of title, all of the fees charged for each memorandum~~	7229
~~certificate, authorization to print a non-negotiable evidence of~~	7230
~~ownership, or non-negotiable evidence of ownership printed by the~~	7231
~~clerk, and four dollars and twenty-five cents of the fee charged~~	7232
~~for each notation of a lien~~.	7233

(b) Five dollars for each certificate of title with no	7234
security interest noted that is issued to a licensed motor vehicle	7235
dealer for resale purposes. The clerk shall retain two dollars and	7236
twenty-five cents of that fee.	7237

(c) Five dollars for each memorandum certificate of title or	7238
non-negotiable evidence of ownership that is applied for	7239
separately. The clerk shall retain that entire fee.	7240

(2) The ~~remaining two dollars and seventy-five cents charged~~	7241
~~for the certificate of title, the remaining twenty-five cents~~	7242
~~charged for the duplicate certificate of title, and the remaining~~	7243
~~seventy-five cents charged for the notation of any lien on a~~	7244
~~certificate of title~~fees that are not retained by the clerk shall	7245
be paid to the registrar of motor vehicles by monthly returns,	7246
which shall be forwarded to the registrar not later than the fifth	7247
day of the month next succeeding that in which the certificate is	7248
forwarded or that in which the registrar is notified of a lien or	7249
cancellation of a lien.	7250

(B)(1) The registrar shall pay twenty-five cents of the	7251
amount received for each certificate of title ~~and all of the~~	7252
~~amounts received for each notation of any lien and each duplicate~~	7253
~~certificate~~that is issued to a motor vehicle dealer for resale	7254
and one dollar for all other certificates of title issued into	7255
the state bureau of motor vehicles fund established in section	7256
4501.25 of the Revised Code.	7257

(2) Fifty cents of the amount received for each certificate	7258
of title shall be paid by the registrar as follows:	7259

(a) Four cents shall be paid into the state treasury to the	7260
credit of the motor vehicle dealers board fund created in section	7261
4505.09 of the Revised Code, for use as described in division	7262
(B)(2)(a) of that section.	7263

(b) Twenty-one cents shall be paid into the highway operating	7264
fund.	7265

(c) Twenty-five cents shall be paid into the state treasury	7266
to the credit of the motor vehicle sales audit fund created in	7267
section 4505.09 of the Revised Code, for use as described in	7268
division (B)(2)(c) of that section.	7269

(3) Two dollars of the amount received by the registrar for	7270
each certificate of title shall be paid into the state treasury to	7271
the credit of the automated title processing fund created in	7272
section 4505.09 of the Revised Code, for use as described in	7273
divisions (B)(3)(a) and (c) of that section.	7274

Sec. 4519.63. (A) The registrar of motor vehicles or the	7275
clerk of the court of common pleas, upon the application of any	7276
person and payment of the proper ~~fees~~fee, may prepare and furnish	7277
title information regarding off-highway motorcycles and	7278
all-purpose vehicles in the form and subject to any territorial	7279
division or other classification as they may direct. The registrar	7280
or the clerk may search the records of the bureau of motor	7281
vehicles ~~and the clerk~~ regarding off-highway motorcycles and	7282
all-purpose vehicles and ~~make~~furnish reports ~~thereof, and make~~	7283
~~copies~~ of ~~their title information and attestations thereof~~those	7284
records under the signature of the registrar or the clerk.	7285

(B)(1) Fees ~~therefor~~for lists containing title information	7286
shall be charged and collected as follows:	7287

~~(A)~~(a) For lists containing three thousand titles or more,	7288
twenty-five dollars per thousand or part thereof;	7289

~~(B)~~(b) For ~~searches~~each report of a search of the records	7290
~~and written reports thereof, two dollars foreach name, number,~~	7291
~~or fact searched or reported on;~~	7292

~~(C) For copies of records and attestations thereof~~, two	7293
dollars per copy except that on and after October 1, 2009, the	7294
fee shall be eight dollars per copy. The registrar and clerk may	7295
certify copies of records generated by an automated title	7296
processing system.	7297

~~Such copies~~(2) A copy of any such report shall be taken as	7298
prima-facie evidence of the facts therein stated in any court of	7299
the state. The registrar and the clerk shall furnish information	7300
on any title without charge to state highway patrol troopers,	7301
sheriffs, chiefs of police, or the attorney general. The clerk	7302
also may provide a copy of a certificate of title to a public	7303
agency without charge.	7304

(C)(1) Those fees collected by the registrar as provided in	7305
division (B)(1)(a) of this section shall be paid to the treasurer	7306
of state to the credit of the state bureau of motor vehicles fund	7307
established in section 4501.25 of the Revised Code. Those fees	7308
collected by the clerk as provided in division (B)(1)(a) of this	7309
section shall be paid to the certificate of title administration	7310
fund created by section 325.33 of the Revised Code.	7311

(2) Prior to October 1, 2009, the registrar shall pay those	7312
fees the registrar collects under division (B)(1)(b) of this	7313
section into the state treasury to the credit of the state bureau	7314
of motor vehicles fund established in section 4501.25 of the	7315
Revised Code. Prior to October 1, 2009, the clerk shall pay those	7316
fees the clerk collects under division (B)(1)(b) of this section	7317
to the certificate of title administration fund created by section	7318
325.33 of the Revised Code.	7319

(3) On and after October 1, 2009, the registrar shall pay two	7320
dollars of each fee the registrar collects under division	7321
(B)(1)(b) of this section into the state treasury to the credit of	7322
the state bureau of motor vehicles fund established in section	7323
4501.25 of the Revised Code. Of the remaining six dollars of each	7324
such fee the registrar collects, the registrar shall deposit one	7325
dollar and twenty-five cents into the state treasury to the credit	7326
of the trauma and emergency medical services fund established in	7327
section 4513.263 of the Revised Code, one dollar and twenty-five	7328
cents into the state treasury to the credit of the homeland	7329
security fund established under section 5502.03 of the Revised	7330
Code, seventy-five cents into the state treasury to the credit of	7331
the investigations fund established in section 5502.131 of the	7332
Revised Code, two dollars and twenty-five cents into the state	7333
treasury to the credit of the emergency management agency service	7334
and reimbursement fund established in section 5502.39 of the	7335
Revised Code, and fifty cents into the state treasury to the	7336
credit of the justice program services fund established in section	7337
5502.67 of the Revised Code.	7338

(4) On and after October 1, 2009, the clerk of the court of	7339
common pleas shall retain two dollars of each fee the clerk	7340
collects under division (B)(1)(b) of this section and deposit that	7341
two dollars into the certificate of title administration fund	7342
created by section 325.33 of the Revised Code. The clerk shall	7343
forward the remaining six dollars to the registrar not later than	7344
the fifth day of the month next succeeding that in which the	7345
transaction occurred. Of that remaining six dollars, the registrar	7346
shall deposit one dollar and twenty-five cents into the state	7347
treasury to the credit of the trauma and emergency medical	7348
services fund established in section 4513.263 of the Revised Code,	7349
one dollar and twenty-five cents into the state treasury to the	7350
credit of the homeland security fund established under section	7351
5502.03 of the Revised Code, seventy-five cents into the state	7352
treasury to the credit of the investigations fund established in	7353
section 5502.131 of the Revised Code, two dollars and twenty-five	7354
cents into the state treasury to the credit of the emergency	7355
management agency service and reimbursement fund established in	7356
section 5502.39 of the Revised Code, and fifty cents into the	7357
state treasury to the credit of the justice program services fund	7358
established in section 5502.67 of the Revised Code.	7359

Sec. 4561.17. (A) To provide revenue for administering	7360
sections 4561.17 to 4561.22 of the Revised Code relative to the	7361
registration of aircraft, for the surveying of and the	7362
establishment, checking, maintenance, and repair of aviation air	7363
marking and of air navigation facilities, for the acquiring,	7364
maintaining, and repairing of equipment necessary for those	7365
purposes, and for the cost of creating and distributing Ohio	7366
aeronautical charts and Ohio airport and landing field	7367
directories, an annual license tax is hereby levied upon all	7368
aircraft based in this state for which an aircraft worthiness	7369
certificate issued by the federal aviation administration is in	7370
effect except the following:	7371

(1) Aircraft owned by the United States or any territory of	7372
the United States;	7373

(2) Aircraft owned by any foreign government;

7374

(3) Aircraft owned by any state or any political subdivision	7375
of a state;	7376

(4) ~~Aircraft operated under a certificate of convenience and~~	7377
~~necessity issued by the civil aeronautics board or any successor~~	7378
~~to that board;~~	7379

~~(5)~~ Aircraft owned by aircraft manufacturers or aircraft	7380
engine manufacturers and operated only for purposes of testing,	7381
delivery, or demonstration;	7382

~~(6)~~(5) Aircraft operated for hire over regularly scheduled	7383
routes within the state.	7384

(B) The license tax this section requires shall be at the	7385
rates specified in section 4561.18 of the Revised Code, and shall	7386
be paid to and collected by the director of transportation at the	7387
time of making application as provided in that section.	7388

Sec. 4561.18. (A) The owner of any aircraft that is based in	7389
this state and that is not of a type specified in divisions (A)(1)	7390
to ~~(6)~~(5) of section 4561.17 of the Revised Code, shall register	7391
that aircraft with the department of transportation pursuant to	7392
this section.	7393

(B) Applications for the licensing and registration of	7394
aircraft shall be made and signed by the owner on forms the	7395
department of transportation prepares. The forms shall contain a	7396
description of the aircraft, including its federal registration	7397
number, the airport or other place at which the aircraft is based,	7398
and any other information the department requires.	7399

(C)(1) Registration forms shall be filed with the director of	7400
transportation annually at the time the director specifies and	7401
shall be renewed according to the standard renewal procedure of	7402
sections 4745.01 to 4745.03 of the Revised Code. If the airport or	7403
other place at which the aircraft usually is based changes, the	7404
owner shall update the registration by filing a new form with the	7405
office of aviation.	7406

(2) An application for the registration of any aircraft not	7407
previously registered in this state that is acquired or becomes	7408
subject to the license tax subsequent to the last day of January	7409
in any year, shall be made for the balance of the year in which	7410
the aircraft is acquired, within thirty days after the acquisition	7411
or after becoming subject to the license tax.	7412

(D)(1) Each registration form shall be accompanied by the	7413
proper license tax, which, for all aircraft other than those	7414
described in ~~divisions~~division (D)(2) ~~and (3)~~ of this section,	7415
shall be at the annual rate of fifteen dollars per seat, based on	7416
the manufacturer's maximum listed seating capacity.	7417

(2) The license tax for gliders and balloons shall be fifteen	7418
dollars annually.	7419

~~(3) The annual license tax for commercial cargo aircraft~~	7420
~~shall be seven hundred fifty dollars per aircraft.~~	7421

(E) The department of transportation shall maintain all	7422
registrations filed with it under this section and shall develop a	7423
program to track and enforce the registration of aircraft based in	7424
this state.	7425

(F) The taxes this section requires are in lieu of all other	7426
taxes on or with respect to ownership of an aircraft.	7427

(G) The director of transportation shall impose a fine	7428
pursuant to section 4561.22 of the Revised Code for each aircraft	7429
that an owner fails to register as this section requires and shall	7430
require the owner to register the aircraft within the time the	7431
director specifies. The director may impose a separate fine for	7432
each registration period during which the owner fails to register	7433
the aircraft.	7434

~~(H) As used in this section, "commercial cargo aircraft"~~	7435
~~means any aircraft used in connection with an all-cargo operation,~~	7436
~~as defined in 14 C.F.R. 119.3.~~	7437

Sec. 4561.21. (A) The director of transportation shall	7438
deposit all aircraft transfer fees in the state treasury to the	7439
credit of the general fund.	7440

(B) The director shall deposit all aircraft license taxes	7441
and fines in the state treasury to the credit of the airport	7442
assistance fund, which is hereby created. Money in the fund shall	7443
be used for maintenance and capital improvements to publicly	7444
owned airports, and the director shall distribute the money to	7445
eligible recipients in accordance with such procedures,	7446
guidelines, and criteria as the director shall establish.	7447

Sec. 4981.02. (A) There is hereby created the Ohio rail	7448
development commission, as an independent agency of the state	7449
within the department of transportation, consisting of ~~six~~seven	7450
members appointed by the governor with the advice and consent of	7451
the senate, two members of the Ohio senate, one of whom shall be	7452
appointed by and serve at the pleasure of the president of the	7453
senate and one of whom shall be appointed by and serve at the	7454
pleasure of the minority leader of the senate, two members of the	7455
Ohio house of representatives, one of whom shall be appointed by	7456
and serve at the pleasure of the speaker of the house of	7457
representatives and one of whom shall be appointed by and serve at	7458
the pleasure of the minority leader of the house of	7459
representatives, and two members representing the general public,	7460
one of whom shall be appointed by the president of the senate and	7461
one of whom shall be appointed by the speaker of the house of	7462
representatives. The director of transportation and the director	7463
of development, or their designees, shall be ex officio members of	7464
the commission. Of the members appointed by the governor, one	7465
shall serve as chairman of the commission, one shall represent the	7466
interests of a freight rail company, one shall represent the	7467
interests of passenger rail service, one shall have expertise in	7468
infrastructure financing, one shall represent the interests of	7469
organized labor, one shall represent the interests of	7470
manufacturers and have contracting responsibility for rail and	7471
nonrail freight transportation, and one shall represent the	7472
general public. All members shall be reimbursed for actual	7473
expenses incurred in the performance of their duties. The members	7474
of the commission from the Ohio senate and the Ohio house of	7475
representatives shall serve as nonvoting members. No more than	7476
four members of the ~~six~~seven appointed to the commission by the	7477
governor shall be from the same political party. Each member of	7478
the commission shall be a resident of this state.	7479

(B) Within sixty days after the effective date of this	7480
amendment, the governor shall make initial appointments to the	7481
commission. Of the initial appointments made to the commission,	7482
three shall be for a term ending three years after the effective	7483
date of this amendment, and three shall be for a term ending six	7484
years after that date. Terms for all other appointments made to	7485
the commission shall be for six years. Vacancies shall be filled	7486
in the manner provided for original appointments. Any member	7487
appointed to fill a vacancy shall have the same qualifications as	7488
his predecessor. Each term shall end on the same day of the same	7489
month of the year as did the term which it succeeds. Each	7490
appointed member shall hold office from the date of his	7491
appointment until the end of the term for which he was appointed.	7492
Any member appointed to fill a vacancy before the expiration of	7493
the term for which his predecessor was appointed shall hold office	7494
for the remainder of that term. Any appointed member shall	7495
continue in office subsequent to the expiration date of his term	7496
until his successor takes office, or for a period of sixty days,	7497
whichever occurs first. All members shall be eligible for	7498
reappointment.	7499

(C) The commission may employ an executive director, who	7500
shall have appropriate experience as determined by the commission,	7501
and a secretary-treasurer and other employees that the commission	7502
considers appropriate. The commission may fix the compensation of	7503
the employees.	7504

(D) Six members of the commission shall constitute a quorum,	7505
and the affirmative vote of ~~five~~six members shall be necessary	7506
for any action taken by the commission. No vacancy in the	7507
membership of the commission shall impair the rights of a quorum	7508
to exercise all the rights and perform all the duties of the	7509
commission.	7510

(E) All members of the commission are subject to Chapter 102.	7511
of the Revised Code.	7512

(F) The department of transportation may use all appropriate	7513
sources of revenue to assist the commission in developing and	7514
implementing rail service.	7515

(G) All public funds acquired by the commission shall be used	7516
for developing, implementing, and regulating rail service and not	7517
for operating rail service unless the general assembly	7518
specifically approves the expenditure of funds for operating rail	7519
service.	7520

Sec. 4981.40. In any overall programmatic environmental	7521
impact study or other comprehensive high-speed rail project	7522
development study, the department of transportation and the rail	7523
development commission shall include all federally designated	7524
high-speed rail corridors in Ohio and all passenger rail corridors	7525
in the Ohio hub study.	7526

The department of transportation and the rail development	7527
commission shall work with Amtrak to improve existing service	7528
between Toledo and Cleveland with a goal of creating optimum	7529
service to connect the planned Cleveland, Columbus, Dayton, and	7530
Cincinnati service.	7531

The department of transportation and the rail development	7532
commission shall examine the financial and economic feasibility of	7533
developing a passenger rail system between Toledo and Columbus,	7534
including necessary characteristics of a viable connection between	7535
the cities.	7536

Sec. 5501.03. (A) The department of transportation shall:

7537

(1) Exercise and perform such other duties, powers, and	7538
functions as are conferred by law on the director, the department,	7539
the assistant directors, the deputy directors, or on the divisions	7540
of the department;	7541

(2) Coordinate and develop, in cooperation with local,	7542
regional, state, and federal planning agencies and authorities,	7543
comprehensive and balanced state policy and planning to meet	7544
present and future needs for adequate transportation facilities in	7545
this state, including recommendations for adequate funding of the	7546
implementation of such planning;	7547

(3) Coordinate its activities with those of other appropriate	7548
state departments, public agencies, and authorities, and enter	7549
into any contracts with such departments, agencies, and	7550
authorities as may be necessary to carry out its duties, powers,	7551
and functions;	7552

(4) Cooperate with and assist the public utilities commission	7553
in the commission's administration of sections 4907.47 to 4907.476	7554
of the Revised Code, particularly with respect to the federal	7555
highway administration.;	7556

(5) Cooperate with and assist the Ohio power siting board in	7557
the board's administration of Chapter 4906. of the Revised Code;	7558

(6) Give particular consideration to the development of	7559
policy and planning for public transportation facilities, and to	7560
the coordination of associated activities relating thereto, as	7561
prescribed under divisions (A)(2) and (3) of this section;	7562

~~(6)~~(7) Conduct, in cooperation with the Ohio legislative	7563
service commission, any studies or comparisons of state traffic	7564
laws and local traffic ordinances with model laws and ordinances	7565
that may be required to meet program standards adopted by the	7566
United States department of transportation pursuant to the	7567
"Highway Safety Act of 1966," 80 Stat. 731, U.S.C.A. 401;	7568

~~(7)~~(8) Prepare, print, distribute, and advertise books, maps,	7569
pamphlets, and other information that, in the judgment of the	7570
director, will inform the public and other governmental	7571
departments, agencies, and authorities as to the duties, powers,	7572
and functions of the department;	7573

~~(8)~~(9) In its research and development program, consider	7574
technologies for improving roadways, including construction	7575
techniques and materials to prolong project life, being used or	7576
developed by other states that have geographic, geologic, or	7577
climatic features similar to this state's, and collaborate with	7578
those states in that development.	7579

(B) Nothing contained in division (A)(1) of this section	7580
shall be held to in any manner affect, limit, restrict, or	7581
otherwise interfere with the exercise of powers relating to	7582
transportation facilities by appropriate agencies of the federal	7583
government, or by counties, municipal corporations, or other	7584
political subdivisions or special districts in this state	7585
authorized by law to exercise such powers.	7586

~~(B)~~(C) The department may use all appropriate sources of	7587
revenue to assist in the development and implementation of rail	7588
service as defined by division (C) of section 4981.01 of the	7589
Revised Code.	7590

~~(C)~~(D) The director of transportation may enter into	7591
contracts with public agencies including political subdivisions,	7592
other state agencies, boards, commissions, regional transit	7593
authorities, county transit boards, ~~and~~ port authorities,	7594
transportation innovation authorities, and any corporation	7595
organized under the laws of Ohio, to administer the design,	7596
qualification of bidders, competitive bid letting, construction	7597
inspection, and acceptance of any projects administered by the	7598
department, provided the administration of such projects is	7599
performed in accordance with all applicable state and federal laws	7600
and regulations with oversight by the department.	7601

Sec. 5501.311. (A) Notwithstanding sections 123.01 and	7602
127.16 of the Revised Code the director of transportation may	7603
lease or lease-purchase all or any part of a transportation	7604
facility to or from one or more persons, one or more governmental	7605
agencies, a transportation improvement district, transportation	7606
innovation authority, or any combination thereof, and~~, in~~	7607
~~conjunction therewith,~~ may grant leases, easements, or licenses	7608
for lands under the control of the department of transportation.	7609
The director may adopt rules necessary to give effect to this	7610
section.	7611

(B) Plans and specifications for the construction of a	7612
transportation facility under a lease or lease-purchase agreement	7613
are subject to approval of the director and must meet or exceed	7614
all applicable standards of the department.	7615

(C) Any lease or lease-purchase agreement under which the	7616
department is the lessee shall be for a period not exceeding the	7617
then current two-year period for which appropriations have been	7618
made by the general assembly to the department, and such agreement	7619
may contain such other terms as the department and the other	7620
parties thereto agree, notwithstanding any other provision of law,	7621
including provisions that rental payments in amounts sufficient to	7622
pay bond service charges payable during the current two-year lease	7623
term shall be an absolute and unconditional obligation of the	7624
department independent of all other duties under the agreement	7625
without set-off or deduction or any other similar rights or	7626
defenses. Any such agreement may provide for renewal of the	7627
agreement at the end of each term for another term, not exceeding	7628
two years, provided that no renewal shall be effective until the	7629
effective date of an appropriation enacted by the general assembly	7630
from which the department may lawfully pay rentals under such	7631
agreement. Any such agreement may include, without limitation, any	7632
agreement by the department with respect to any costs of	7633
transportation facilities to be included prior to acquisition and	7634
construction of such transportation facilities. Any such agreement	7635
shall not constitute a debt or pledge of the faith and credit of	7636
the state, or of any political subdivision of the state, and the	7637
lessor shall have no right to have taxes or excises levied by the	7638
general assembly, or the taxing authority of any political	7639
subdivision of the state, for the payment of rentals thereunder.	7640
Any such agreement shall contain a statement to that effect.	7641

(D) A municipal corporation, township, or county may use	7642
service payments in lieu of taxes credited to special funds or	7643
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of the	7644
Revised Code to provide its contribution to the cost of a	7645
transportation facility, provided such facility was among the	7646
purposes for which such service payments were authorized. The	7647
contribution may be in the form of a lump sum or periodic	7648
payments.	7649

(E) Pursuant to ~~47 U.S.C. 332,"~~ the "Telecommunications Act	7650
of ~~1966~~1996," 110 Stat. 152, 47 U.S.C. 332 note, the director may	7651
grant a lease, easement, or license in a transportation facility	7652
to a telecommunications service provider for construction,	7653
placement, or operation of a telecommunications facility. An	7654
interest granted under this ~~section~~division is subject to all of	7655
the following conditions:	7656

(1) The transportation facility is owned in fee simple or	7657
easement by this state at the time the lease, easement, or license	7658
is granted to the telecommunications provider.	7659

(2) The lease, easement, or license shall be granted on a	7660
competitive basis in accordance with policies and procedures to be	7661
determined by the director. The policies and procedures may	7662
include provisions for master leases for multiple sites.	7663

(3) The telecommunications facility shall be designed to	7664
accommodate the state's multi-agency radio communication system,	7665
the intelligent transportation system, and the department's	7666
communication system as the director may determine is necessary	7667
for highway or other departmental purposes.	7668

(4) The telecommunications facility shall be designed to	7669
accommodate such additional telecommunications equipment as may	7670
feasibly be co-located thereon as determined in the discretion of	7671
the director.	7672

(5) The telecommunications service providers awarded the	7673
lease, easement, or license, agree to permit other	7674
telecommunications service providers to co-locate on the	7675
telecommunications facility, and agree to the terms and conditions	7676
of the co-location as determined in the discretion of the	7677
director.	7678

(6) The director shall require indemnity agreements in favor	7679
of the department as a condition of any lease, easement, or	7680
license granted under this division. Each indemnity agreement	7681
shall secure this state and its agents from liability for damages	7682
arising out of safety hazards, zoning, and any other matter of	7683
public interest the director considers necessary.	7684

(7) The telecommunications service provider fully complies	7685
with any permit issued under section 5515.01 of the Revised Code	7686
pertaining to land that is the subject of the lease, easement, or	7687
license.	7688

(8) All plans and specifications shall meet with the	7689
director's approval.	7690

(9) Any other conditions the director determines necessary.

7691

(F) ~~Money received by the department under division (E) of~~	7692
~~this section shall be deposited to the credit of the highway~~	7693
~~operating fund.~~	7694

~~(G)~~In accordance with section 5501.031 of the Revised Code,	7695
to further efforts to promote energy conservation and energy	7696
efficiency, the director may grant a lease, easement, or license	7697
in a transportation facility to a utility service provider that	7698
has received its certificate from the Ohio power siting board or	7699
appropriate local entity for construction, placement, or operation	7700
of an alternative energy generating facility service provider as	7701
defined in section 4928.64 of the Revised Code. An interest	7702
granted under this division is subject to all of the following	7703
conditions:	7704

(1) The transportation facility is owned in fee simple or in	7705
easement by this state at the time the lease, easement, or license	7706
is granted to the utility service provider.	7707

(2) The lease, easement, or license shall be granted on a	7708
competitive basis in accordance with policies and procedures to be	7709
determined by the director. The policies and procedures may	7710
include provisions for master leases for multiple sites.	7711

(3) The alternative energy generating facility shall be	7712
designed to provide energy for the department's transportation	7713
facilities with the potential for selling excess power on the	7714
power grid, as the director may determine is necessary for highway	7715
or other departmental purposes.	7716

(4) The director shall require indemnity agreements in favor	7717
of the department as a condition of any lease, easement, or	7718
license granted under this division. Each indemnity agreement	7719
shall secure this state and its agents from liability for damages	7720
arising out of safety hazards, zoning, and any other matter of	7721
public interest the director considers necessary.	7722

(5) The alternative energy service provider fully complies	7723
with any permit issued by the Ohio power siting board under	7724
Chapter 4906. of the Revised Code and complies with section	7725
5515.01 of the Revised Code pertaining to land that is the subject	7726
of the lease, easement, or license.	7727

(6) All plans and specifications shall meet with the	7728
director's approval.	7729

(7) Any other conditions the director determines necessary.

7730

(G) Money the department receives under divisions (E) and (F)	7731
of this section shall be deposited into the state treasury to the	7732
credit of the highway operating fund.	7733

(H) A lease, easement, or license granted under division (E)	7734
or (F) of this section, and any telecommunications facility or	7735
alternative energy generating facility relating to such interest	7736
in a transportation facility, is hereby deemed to further the	7737
essential highway purpose of building and maintaining a safe,	7738
~~efficient~~energy-efficient, and accessible transportation system.	7739

Sec. 5501.34. (A) If circumstances alter the highway	7740
requirements after the director of transportation has acquired	7741
property so that the real property or part of the real property is	7742
no longer required for highway purposes, the director, in the name	7743
of the state, may sell all the right, title, and interest of the	7744
state in any of the real property. After determining that a parcel	7745
of real property is no longer required for highway purposes, the	7746
director shall have the parcel appraised by a department	7747
prequalified appraiser. The director may accept a survey or	7748
appraisal from an interested party, however, to facilitate the	7749
disposal of real property no longer required for highway purposes.	7750
Acceptance by the director of a survey or appraisal commissioned	7751
by an interested party does not convey upon that interested party	7752
any special right or standing relative to any other abutting	7753
landowner or member of the general public where the prospective	7754
sale of the real property is concerned.	7755

(B) Except as otherwise provided in this section, the	7756
director shall advertise the sale of real property that is no	7757
longer required for highway purposes in a newspaper of general	7758
circulation in the county in which the real property is situated	7759
for at least two consecutive weeks prior to the date set for the	7760
sale. The real property may be sold at public auction to the	7761
highest bidder for not less than two-thirds of its appraised	7762
value, but the director may reject all bids that are less than the	7763
full appraised value of the real property. However, if no sale has	7764
been effected after an effort to sell under this division, the	7765
director may set aside the appraisal, order a new appraisal, and,	7766
except as otherwise provided in this section, readvertise the	7767
property for sale.	7768

(C) If real property no longer required for highway purposes	7769
is appraised or reappraised as having a current fair market value	7770
of twenty thousand dollars or less, the director may sell the real	7771
property to the sole abutting owner through a private sale at a	7772
price not less than the appraised value. If there is more than one	7773
abutting owner, the director may invite all of the abutting owners	7774
to submit sealed bids and may sell the real property to the	7775
highest bidder at not less than its appraised value.	7776

(D) If real property no longer required for highway purposes	7777
is appraised or reappraised as having a fair market value of ~~two~~	7778
five thousand dollars or less, and no sale has been effected after	7779
an effort to sell to the abutting owner or owners, the director	7780
may advertise the sale of the real property in accordance with	7781
division (B) of this section. The director may sell the land at	7782
public auction to the highest bidder without regard to its	7783
appraised value, but the director may reject all bids that are	7784
less than the full appraised value of the real property.	7785

(E) The department shall pay all expenses incurred in the	7786
sale of a parcel of real property out of the proceeds of the sale	7787
and shall deposit the balance of the proceeds in the highway fund	7788
used to acquire that parcel of real property. The department shall	7789
not reimburse any interested party for the cost of a survey or	7790
appraisal that the interested party commissions and the director	7791
accepts.	7792

(F) Upon a determination that real property previously	7793
acquired within a highway improvement project corridor no longer	7794
is needed for highway purposes, the director may offer the	7795
unneeded property to another landowner located within that	7796
project's corridor as full or partial consideration for other real	7797
property to be acquired from the landowner. If the landowner	7798
accepts the offer, the director shall convey the unneeded property	7799
directly to the landowner at the full fair market value determined	7800
by the department by appraisal. The director shall credit the	7801
value of the unneeded property against the acquisition price of	7802
the property being acquired by the department, and the landowner	7803
shall pay the department the difference if the value of the	7804
unneeded property exceeds the acquisition price of the property	7805
being acquired.	7806

(G) Conveyances of real property under this section shall be	7807
by a deed executed by the governor, bearing the great seal of the	7808
state, and in the form prescribed by the attorney general. The	7809
director shall keep a record of all conveyances of real property	7810
made under this section. This section applies to all real property	7811
acquired by the department, regardless of how or from whom the	7812
property was acquired.	7813

Sec. 5502.03. (A) There is hereby created in the department	7814
of public safety a division of homeland security.	7815

(B) The division shall do all of the following:

7816

(1) Coordinate all homeland security activities of all state	7817
agencies and be the liaison between state agencies and local	7818
entities for the purposes of communicating homeland security	7819
funding and policy initiatives;	7820

(2) Collect, analyze, maintain, and disseminate information	7821
to support local, state, and federal law enforcement agencies,	7822
other government agencies, and private organizations in detecting,	7823
deterring, preventing, preparing for, responding to, and	7824
recovering from threatened or actual terrorist events. This	7825
information is not a public record pursuant to section 149.43 of	7826
the Revised Code.	7827

(3) Coordinate efforts of state and local governments and	7828
private organizations to enhance the security and protection of	7829
critical infrastructure and key assets in this state;	7830

(4) Develop and coordinate policies, protocols, and	7831
strategies that may be used to prevent, detect, prepare for,	7832
respond to, and recover from terrorist acts or threats;	7833

(5) Develop, update, and coordinate the implementation of an	7834
Ohio homeland security strategic plan that will guide state and	7835
local governments in the achievement of homeland security in this	7836
state.	7837

(C) The director of public safety shall appoint an executive	7838
director, who shall be head of the division of homeland security	7839
and who regularly shall advise the governor and the director on	7840
matters pertaining to homeland security. The executive director	7841
shall serve at the pleasure of the director of public safety. To	7842
carry out the duties assigned under this section, the executive	7843
director, subject to the direction and control of the director of	7844
public safety, may appoint and maintain necessary staff and may	7845
enter into any necessary agreements.	7846

(D) Except as otherwise provided by law, nothing in this	7847
section shall be construed to give the director of public safety	7848
or the executive director of the division of homeland security	7849
authority over the incident management structure or	7850
responsibilities of local emergency response personnel.	7851

(E) There is hereby created in the state treasury the	7852
homeland security fund. The fund shall consist of one dollar and	7853
twenty-five cents of each fee collected under sections 4501.34,	7854
4503.26, 4506.08, and 4509.05 of the Revised Code as specified	7855
in those sections, plus on and after October 1, 2009, one dollar	7856
and twenty-five cents of each fee collected under sections	7857
1548.14, 4505.14, and 4519.63 of the Revised Code as specified in	7858
those sections. The fund shall be used to pay the expenses of	7859
administering the law relative to the powers and duties of the	7860
executive director of the division of homeland security, except	7861
that the director of budget and management may transfer excess	7862
money from the homeland security fund to the state highway	7863
safety fund if the director of public safety determines that the	7864
amount of money in the homeland security fund exceeds the amount	7865
required to cover such costs incurred by the division of	7866
homeland security and requests the director of budget and	7867
management to make the transfer.	7868

Sec. 5502.131. There is hereby created in the state treasury	7869
the investigations fund. The fund shall consist of seventy-five	7870
cents of each fee collected under sections 4501.34, 4503.26,	7871
4506.08, and 4509.05 of the Revised Code as specified in those	7872
sections, plus on and after October 1, 2009, seventy-five cents of	7873
each fee collected under sections 1548.14, 4505.14, and 4519.63 of	7874
the Revised Code as specified in those sections. The director of	7875
public safety shall use the money in the fund to pay the	7876
operating expenses of investigations, except that the director of	7877
budget and management may transfer excess money from the	7878
investigations fund to the state highway safety fund if the	7879
director of public safety determines that the amount of money in	7880
the investigations fund exceeds the amount required to cover	7881
investigative costs incurred by the investigative unit and	7882
requests the director of budget and management to make the	7883
transfer.	7884

Sec. 5502.39. There is hereby created in the state treasury	7885
the emergency management agency service and reimbursement fund.	7886
The fund shall consist of two dollars and twenty-five cents of	7887
each fee collected under sections 4501.34, 4503.26, 4506.08, and	7888
4509.05 of the Revised Code as specified in those sections, plus	7889
on and after October 1, 2009, two dollars and twenty-five cents of	7890
each fee collected under sections 1548.14, 4505.14, and 4519.63 of	7891
the Revised Code as specified in those sections, and money	7892
collected under sections 5502.21 to 5502.38 of the Revised Code.	7893
All money in the fund shall be used to pay the costs of	7894
administering programs of the emergency management agency, except	7895
that the director of budget and management may transfer excess	7896
money from the emergency management agency service and	7897
reimbursement fund to the state highway safety fund if the	7898
director of public safety determines that the amount of money in	7899
the emergency management agency service and reimbursement fund	7900
exceeds the amount required to cover such costs incurred by the	7901
emergency management agency and requests the director of budget	7902
and management to make the transfer.	7903

Sec. 5502.67. There is hereby created in the state treasury	7904
the justice program services fund. The fund shall consist of the	7905
court costs designated for the fund pursuant to section 2949.094	7906
of the Revised Code, fifty cents of each fee collected under	7907
sections 4501.34, 4503.26, 4506.08, and 4509.05 of the Revised	7908
Code as specified in those sections, plus on and after October 1,	7909
2009, fifty cents of each fee collected under sections 1548.14,	7910
4505.14, and 4519.63 of the Revised Code as specified in those	7911
sections, and all money collected by the division of criminal	7912
justice services for nonfederal purposes, including	7913
subscription fees for participating in the Ohio incident-based	7914
reporting system under division (C) of section 5502.62 of the	7915
Revised Code, unless otherwise designated by law. The justice	7916
program services fund shall be used to pay costs of	7917
administering the operations of the division of criminal justice	7918
services, except that the director of budget and management may	7919
transfer excess money from the justice program services fund to	7920
the state highway safety fund if the director of public safety	7921
determines that the amount of money in the justice program	7922
services fund exceeds the amount required to cover such costs	7923
incurred by the office of criminal justice services and requests	7924
the director of budget and management to make the transfer.	7925

Sec. 5502.68. (A) There is hereby created in the state	7926
treasury the drug law enforcement fund. ~~Three~~Ninety-seven per	7927
cent of three dollars and fifty cents out of each ten-dollar	7928
court cost imposed pursuant to section 2949.094 of the Revised	7929
Code shall be credited to the fund. Money in the fund shall be	7930
used only in accordance with this section to award grants to	7931
counties, municipal corporations, townships, township police	7932
districts, and joint township police districts to defray the	7933
expenses that a drug task force organized in the county, or in	7934
the county in which the municipal corporation, township, or	7935
district is located, incurs in performing its functions related	7936
to the enforcement of the state's drug laws and other state	7937
laws related to illegal drug activity.	7938

The division of criminal justice services shall administer	7939
all money deposited into the drug law enforcement fund and, by	7940
rule adopted under Chapter 119. of the Revised Code, shall	7941
establish procedures for a county, municipal corporation,	7942
township, township police district, or joint township police	7943
district to apply for money from the fund to defray the expenses	7944
that a drug task force organized in the county, or in the county	7945
in which the municipal corporation, township, or district is	7946
located, incurs in performing its functions related to the	7947
enforcement of the state's drug laws and other state laws related	7948
to illegal drug activity, procedures and criteria for determining	7949
eligibility of applicants to be provided money from the fund, and	7950
procedures and criteria for determining the amount of money to be	7951
provided out of the fund to eligible applicants.	7952

(B) The procedures and criteria established under division	7953
(A) of this section for applying for money from the fund shall	7954
include, but shall not be limited to, a provision requiring a	7955
county, municipal corporation, township, township police district,	7956
or joint township police district that applies for money from the	7957
fund to specify in its application the amount of money desired	7958
from the fund, provided that the cumulative amount requested in	7959
all applications submitted for any single drug task force may not	7960
exceed more than two hundred fifty thousand dollars in any	7961
calendar year for that task force.	7962

(C) The procedures and criteria established under division	7963
(A) of this section for determining eligibility of applicants to	7964
be provided money from the fund and for determining the amount of	7965
money to be provided out of the fund to eligible applicants shall	7966
include, but not be limited to, all of the following:	7967

(1) Provisions requiring that, in order to be eligible to be	7968
provided money from the fund, a drug task force that applies for	7969
money from the fund must provide evidence that the drug task force	7970
will receive a local funding match of at least twenty-five per	7971
cent of the task force's projected operating costs in the period	7972
of time covered by the grant;	7973

(2) Provisions requiring that money from the fund be	7974
allocated and provided to drug task forces that apply for money	7975
from the fund in accordance with the following priorities:	7976

(a) Drug task forces that apply, that are in existence on the	7977
date of the application, and that are determined to be eligible	7978
applicants, and to which either of the following applies shall be	7979
given first priority to be provided money from the fund:	7980

(i) Drug task forces that received funding through the	7981
division of criminal justice services in calendar year 2007;	7982

(ii) Drug task forces in a county that has a population that	7983
exceeds seven hundred fifty thousand.	7984

(b) If any moneys remain in the fund after all drug task	7985
forces that apply, that are in existence on the date of the	7986
application, that are determined to be eligible applicants, and	7987
that satisfy the criteria set forth in division (C)(2)(a)(i) or	7988
(ii) of this section are provided money from the fund as	7989
described in division (C)(2)(a) of this section, the following	7990
categories of drug task forces that apply and that are determined	7991
to be eligible applicants shall be given priority to be provided	7992
money from the fund in the order in which they apply for money	7993
from the fund:	7994

(i) Drug task forces that are not in existence on the date of	7995
the application;	7996

(ii) Drug task forces that are in existence on the date of	7997
the application but that do not satisfy the criteria set forth in	7998
division (C)(2)(a)(i) or (ii) of this section.	7999

(D) The procedures and criteria established under division	8000
(A) of this section for determining the amount of money to be	8001
provided out of the fund to eligible applicants shall include, but	8002
shall not be limited to, a provision specifying that the	8003
cumulative amount provided to any single drug task force may not	8004
exceed more than two hundred fifty thousand dollars in any	8005
calendar year.	8006

(E) As used in this section, "drug task force" means a drug	8007
task force organized in any county by the sheriff of the county,	8008
the prosecuting attorney of the county, the chief of police of	8009
the organized police department of any municipal corporation or	8010
township in the county, and the chief of police of the police	8011
force of any township police district or joint township police	8012
district in the county to perform functions related to the	8013
enforcement of state drug laws and other state laws related to	8014
illegal drug activity.	8015

Sec. 5515.01. The director of transportation may upon formal	8016
application being made to the director, grant a permit to any	8017
individual, firm, or corporation to use or occupy such portion of	8018
a road or highway on the state highway system as will not	8019
incommode the traveling public. Such permits, when granted, shall	8020
be upon the following conditions:	8021

(A) The ~~occupancy of such roads or highways shall be in the~~	8022
~~location as prescribed by the~~ director may issue a permit to any	8023
individual, firm, or corporation for any use of a road or highway	8024
on the state highway system that is consistent with applicable	8025
federal law or federal regulations.	8026

(B) Such location shall be changed as prescribed by the	8027
director when the director deems such change necessary for the	8028
convenience of the traveling public, or in connection with or	8029
contemplation of the construction, reconstruction, improvement,	8030
relocating, maintenance, or repair of such road or highway.	8031

(C) The placing of objects or things shall be at a grade and	8032
in accordance with such plans, specifications, or both, as shall	8033
be first approved by the director.	8034

(D) The road or highway in all respects shall be fully	8035
restored to its former condition of usefulness and at the expense	8036
of such individual, firm, or corporation.	8037

(E) Such individual, firm, or corporation shall maintain all	8038
objects and things in a proper manner, promptly repair all damages	8039
resulting to such road or highway on account thereof, and in event	8040
of failure to so repair such road or highway to pay to the state	8041
all costs and expenses which may be expended by the director in	8042
repairing any damage.	8043

(F) Such other conditions as may seem reasonable to the	8044
director, but no condition shall be prescribed which imposes the	8045
payment of a money consideration for the privilege granted.	8046
Nothing in this division prohibits the director from requiring	8047
payment of money consideration for a lease, easement, license, or	8048
other interest in a transportation facility under control of the	8049
department of transportation.	8050

(G) Permits may be revoked by the director at any time for a	8051
noncompliance with the conditions imposed.	8052

(H) As a condition precedent to the issuance of aany permit	8053
~~to a~~, including for telecommunications ~~service provider~~or carbon	8054
dioxide infrastructure, the director shall require the applicant	8055
to provide proof it is party to a lease, easement, or license for	8056
the construction, placement, or operation of a ~~telecommunications~~	8057
facility in or on a transportation facility.	8058

Except as otherwise provided in this section and section	8059
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,	8060
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,	8061
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit	8062
telegraph, telephone, and electric light and power companies from	8063
constructing, maintaining, and using telegraph, telephone, or	8064
electric light and power lines along and upon such roads or	8065
highways under sections 4931.19, 4933.14, or other sections of the	8066
Revised Code, or to affect existing rights of any such companies,	8067
or to require such companies to obtain a permit from the director,	8068
except with respect to the location of poles, wires, conduits, and	8069
other equipment comprising lines on or beneath the surface of such	8070
road or highways.	8071

This section does not prohibit steam or electric railroad	8072
companies from constructing tracks across such roads or highways,	8073
nor authorize the director to grant permission to any company	8074
owning, operating, controlling, or managing a steam railroad or	8075
interurban railway in this state to build a new line of railroad,	8076
or to change or alter the location of existing tracks across any	8077
road or highway on the state highway system at grade. No such	8078
company shall change the elevation of any of its tracks across	8079
such road or highway except in accordance with plans and	8080
specifications first approved by the director.	8081

This section does not relieve any individual, firm, or	8082
corporation from the obligation of satisfying any claim or demand	8083
of an owner of lands abutting on such road or highway on the state	8084
highway system on account of placing in such road or highway a	8085
burden in addition to public travel.	8086

Sec. 5515.07. (A) The director of transportation, in	8087
accordance with Chapter 119. of the Revised Code, shall adopt	8088
rules consistent with the safety of the traveling public and	8089
consistent with the national policy to govern the use and control	8090
of rest areas within the limits of the right-of-way of interstate	8091
highways and other state highways and in other areas within the	8092
limits of the right-of-way of interstate highways.	8093

(B) Except as provided in division (C) of this section or as	8094
otherwise authorized by applicable federal law or federal	8095
regulations, no person shall engage in selling or offering for	8096
sale or exhibiting for purposes of sale, goods, products,	8097
merchandise, or services within the bounds of rest areas within	8098
the limits of the right-of-way of interstate highways and other	8099
state highways, or in other areas within the limits of the	8100
right-of-way of interstate highways, unless the director issues a	8101
permit in accordance with section 5515.01 of the Revised Code.	8102
Notwithstanding any rules adopted by the director to the contrary	8103
or any other policy changes proposed by the director, each	8104
district deputy director of the department of transportation shall	8105
continue to implement any program allowing organizations to	8106
dispense free coffee or similar items after obtaining a permit	8107
that operated within the district prior to January 1, 1997. Each	8108
district deputy director shall operate such program within the	8109
district in the same manner as the program was operated prior to	8110
that date.	8111

(C) In accordance with rules adopted under division (A) of	8112
this section, the director may cause vending machines to be placed	8113
within each rest area that is able to accommodate the machines.	8114
The vending machines shall dispense food, drink, and other	8115
appropriate articles.	8116

(D) This section does not apply to the sale of goods,	8117
products, merchandise, or services required for the emergency	8118
repair of motor vehicles or emergency medical treatment, or to the	8119
department of transportation as provided in section 5515.08 of the	8120
Revised Code.	8121

Sec. 5517.011. Notwithstanding section 5517.01 of the	8122
Revised Code, the director of transportation may establish a	8123
program to expedite the sale and construction of special projects	8124
by combining the design and construction elements of a highway or	8125
bridge project into a single contract. The director shall prepare	8126
and distribute a scope of work document upon which the bidders	8127
shall base their bids. Except in regard to those requirements	8128
relating to providing plans, the director shall award contracts	8129
under this section in accordance with Chapter 5525. of the Revised	8130
Code.	8131

~~For~~On the effective date of this amendment and until July 1,	8132
2011, the total dollar value of contracts made under this section	8133
shall not exceed one billion dollars. On and after July 1, 2011,	8134
for each biennium, the total dollar value of contracts made under	8135
this section shall not exceed two hundred fifty million dollars	8136
unless otherwise authorized by the general assembly.	8137

Sec. 5525.01. ~~Before~~(A) Except as provided in division (G)	8138
of this section, before entering into a contract the director of	8139
transportation shall advertise for bids for two consecutive weeks	8140
in one newspaper of general circulation published in the county	8141
in which the improvement or part thereof is located, but if there	8142
is no such newspaper then in one newspaper having general	8143
circulation in an adjacent county. The director may advertise for	8144
bids in such other publications as the director considers	8145
advisable. Such notices shall state that plans and specifications	8146
for the improvement are on file in the office of the director and	8147
the district deputy director of the district in which the	8148
improvement or part thereof is located and the time within which	8149
bids therefor will be received.	8150

(B) Each bidder shall be required to file with the bidder's	8151
bid a bid guaranty in the form of a certified check, a cashier's	8152
check, or an electronic funds transfer to the treasurer of state	8153
that is evidenced by a receipt or by a certification to the	8154
director of transportation in a form prescribed by the director	8155
that an electronic funds transfer has been made to the treasurer	8156
of state, for an amount equal to five per cent of the bidder's	8157
bid, but in no event more than fifty thousand dollars, or a bid	8158
bond for ten per cent of the bidder's bid, payable to the	8159
director, which check, transferred sum, or bond shall be	8160
forthwith returned to the bidder in case the contract is	8161
awarded to another bidder, or, in case of a successful bidder,	8162
when the bidder has entered into a contract and furnished the	8163
bonds required by section 5525.16 of the Revised Code. In the	8164
event the contract is awarded to a bidder, and the bidder fails	8165
or refuses to furnish the bonds as required by section 5525.16	8166
of the Revised Code, the check, transferred sum, or bid bond	8167
filed with the bidder's bid shall be forfeited as liquidated	8168
damages. No bidder shall be required either to file a signed	8169
contract with the bidder's bid, to enter into a contract, or to	8170
furnish the contract performance bond and the payment bond	8171
required by that section until the bids have been opened and the	8172
bidder has been notified by the director that the bidder is	8173
awarded the contract.	8174

(C) The director shall permit a bidder to withdraw the	8175
bidder's bid from consideration, without forfeiture of the check,	8176
transferred sum, or bid bond filed with the bid, providing a	8177
written request together with a sworn statement of the grounds for	8178
such withdrawal is delivered within forty-eight hours after the	8179
time established for the receipt of bids, and if the price bid was	8180
substantially lower than the other bids, providing the bid was	8181
submitted in good faith, and the reason for the price bid being	8182
substantially lower was a clerical mistake evident on the face of	8183
the bid, as opposed to a judgment mistake, and was actually due to	8184
an unintentional and substantial arithmetic error or an	8185
unintentional omission of a substantial quantity of work, labor,	8186
or material made directly in the compilation of the bid. In the	8187
event the director decides the conditions for withdrawal have not	8188
been met, the director may award the contract to such bidder. If	8189
such bidder does not then enter into a contract and furnish the	8190
contract bond as required by law, the director may declare	8191
forfeited the check, transferred sum, or bid bond as liquidated	8192
damages and award the contract to the next higher bidder or reject	8193
the remaining bids and readvertise the project for bids. Such	8194
bidder may, within thirty days, appeal the decision of the	8195
director to the court of common pleas of Franklin county and the	8196
court may affirm or reverse the decision of the director and may	8197
order the director to refund the amount of the forfeiture. At the	8198
hearing before the common pleas court evidence may be introduced	8199
for and against the decision of the director. The decision of the	8200
common pleas court may be appealed as in other cases.	8201

(D) There is hereby created the ODOT letting fund, which	8202
shall be in the custody of the treasurer of state but shall not	8203
be part of the state treasury. All certified checks and cashiers'	8204
checks received with bidders' bids, and all sums transferred to	8205
the treasurer of state by electronic funds transfer in connection	8206
with bidders' bids, under this section shall be credited to the	8207
fund. All such bid guaranties shall be held in the fund until a	8208
determination is made as to the final disposition of the money. If	8209
the department determines that any such bid guaranty is no longer	8210
required to be held, the amount of the bid guaranty shall be	8211
returned to the appropriate bidder. If the department determines	8212
that a bid guaranty under this section shall be forfeited, the	8213
amount of the bid guaranty shall be transferred or, in the case of	8214
money paid on a forfeited bond, deposited into the state treasury,	8215
to the credit of the highway operating fund. Any investment	8216
earnings of the ODOT letting fund shall be distributed as the	8217
treasurer of state considers appropriate.	8218

(E) The director shall require all bidders to furnish the	8219
director, upon such forms as the director may prescribe, detailed	8220
information with respect to all pending work of the bidder,	8221
whether with the department of transportation or otherwise,	8222
together with such other information as the director considers	8223
necessary.	8224

(F) In the event a bidder fails to submit anything required	8225
to be submitted with the bid and then fails or refuses to so	8226
submit such at the request of the director, the failure or	8227
refusal constitutes grounds for the director, in the director's	8228
discretion, to declare as forfeited the bid guaranty submitted	8229
with the bid.	8230

(G) Notwithstanding any other provisions of this chapter, the	8231
director may use a value-based selection process, combining	8232
technical qualifications and competitive bidding elements,	8233
including consideration for minority or disadvantaged businesses	8234
that may include joint ventures, when letting special projects	8235
that contain both design and construction elements of a highway	8236
or bridge project into a single contract.	8237

(H) The director may reject any or all bids. Except ~~in regard~~	8238
tofor contracts let under division (G) of this section and for	8239
environmental remediation and specialty work for which there are	8240
no classes of work set out in the rules adopted by the director,	8241
if the director awards the contract, the director shall award it	8242
to the lowest competent and responsible bidder as defined by	8243
rules adopted by the director under section 5525.05 of the	8244
Revised Code, who is qualified to bid under sections 5525.02 to	8245
5525.09 of the Revised Code. In regard to contracts for	8246
environmental remediation and specialty work for which there are	8247
no classes of work set out in the rules adopted by the director,	8248
the director shall competitively bid the projects in accordance	8249
with this chapter and shall award the contracts to the lowest and	8250
best bidder.	8251

(I) The award for all projects competitively let by the	8252
director under this section shall be made within ten days after	8253
the date on which the bids are opened, and the successful bidder	8254
shall enter into a contract and furnish a contract performance	8255
bond and a payment bond, as provided for in section 5525.16 of the	8256
Revised Code, within ten days after the bidder is notified that	8257
the bidder has been awarded the contract.	8258

(J) The director may insert in any contract awarded under	8259
this chapter a clause providing for value engineering change	8260
proposals, under which a contractor who has been awarded a	8261
contract may propose a change in the plans and specifications of	8262
the project that saves the department time or money on the	8263
project without impairing any of the essential functions and	8264
characteristics of the project such as service life, reliability,	8265
economy of operation, ease of maintenance, safety, and necessary	8266
standardized features. If the director adopts the value	8267
engineering proposal, the savings from the proposal shall be	8268
divided between the department and the contractor according to	8269
guidelines established by the director, provided that the	8270
contractor shall receive at least fifty per cent of the savings	8271
from the proposal. The adoption of a value engineering proposal	8272
does not invalidate the award of the contract or require the	8273
director to rebid the project.	8274

Sec. 5525.012. Notwithstanding section 5525.01 of the Revised	8275
Code, the director of transportation may provide an incentive to	8276
bidders who have adopted business practices that reduce harmful	8277
air emissions and other threats to the environment. The incentive	8278
shall be in the form of a percentage reduction in such a bidder's	8279
lowest competent and responsible bid, but the reduction shall not	8280
exceed five per cent.	8281

Sec. 5525.15. The director of transportation may provide	8282
that the estimate of cost of any project to be constructed by the	8283
department by the taking of bids and awarding of contracts shall	8284
be confidential information and so remain until after all bids on	8285
the project have been received. The total amount of the estimate	8286
then shall be ~~publicly read prior to the opening of the bids of~~	8287
~~the subject~~published.	8288

When the director exercises the authority conferred by this	8289
section, all information with respect to the total estimate of	8290
cost of the project to be built by contract and with respect to	8291
the estimate of cost of any particular item of work involved	8292
therein shall be kept and regarded by the director and all the	8293
director's subordinates as confidential, and shall not be revealed	8294
to any person not employed in the department, or by the United	8295
States department of transportation in the case of projects	8296
financed in whole or part by federal funds, until after the bids	8297
on the project have been opened and ~~read~~published. Section	8298
5517.01 of the Revised Code with respect to the public inspection	8299
of estimates of cost prior to the opening of bids and with respect	8300
to filing estimates of cost in the office of the district deputy	8301
director of transportation does not apply when the authority	8302
conferred by this section is exercised. This section does not	8303
prohibit the department from furnishing estimates of cost to	8304
counties, municipal corporations, or other local political	8305
subdivisions or to railroad or railway companies proposing to pay	8306
any portion of the cost of an improvement.	8307

Section 5525.10 of the Revised Code, which provides that no	8308
contract for any improvement shall be awarded for a greater sum	8309
than the estimated cost thereof plus five per cent, does not apply	8310
in the case of any project with respect to which the authority	8311
conferred by this section is exercised. In cases in which the	8312
authority conferred by this section is exercised and in which the	8313
bid of the successful bidder exceeds the estimate, the director,	8314
before entering into a contract, shall determine that the bid of	8315
the successful bidder is fair and reasonable, and as long as the	8316
federal government imposes regulation on prices charged for	8317
construction service, shall require the successful bidder to	8318
certify that the bidder's bid does not exceed the maximum	8319
permitted by such federal regulation.	8320

Sec. 5531.09. (A) The state infrastructure bank shall	8321
consist of the highway and transit infrastructure bank fund, the	8322
aviation infrastructure bank fund, the rail infrastructure bank	8323
fund, ~~and~~ the infrastructure bank obligations fund, and the new	8324
generation infrastructure bank funds, which are hereby created as	8325
funds of the state treasury, to be administered by the director of	8326
transportation and used for the purposes described in division (B)	8327
of this section. The highway and transit infrastructure bank fund,	8328
the aviation infrastructure bank fund, and the rail infrastructure	8329
bank fund shall consist of federal grants and awards or other	8330
assistance received by the state and eligible for deposit therein	8331
under applicable federal law, payments received by the department	8332
in connection with providing financial assistance for qualifying	8333
projects under division (B) of this section, and such other	8334
amounts as may be provided by law. The infrastructure bank	8335
obligations fund shall consist of such amounts of the proceeds of	8336
obligations issued under section 5531.10 of the Revised Code as	8337
the director of transportation determines with the advice of the	8338
director of budget and management; and such other amounts as may	8339
be provided by law. The new generation infrastructure bank funds	8340
shall consist of such other assistance received by the state as	8341
may be provided by law. The director of budget and management,	8342
upon the request of the director of transportation, may transfer	8343
amounts between the funds created in this division, except the	8344
infrastructure bank obligations fund. The investment earnings of	8345
each fund created by this division shall be credited to such fund.	8346

(B)(1) The director of transportation shall use the state	8347
infrastructure bank, except the new generation infrastructure bank	8348
funds, to encourage public and private investment in	8349
transportation facilities that contribute to the multi-modal and	8350
intermodal transportation capabilities of the state, develop a	8351
variety of financing techniques designed to expand the	8352
availability of funding resources and to reduce direct state	8353
costs, maximize private and local participation in financing	8354
projects, and improve the efficiency of the state transportation	8355
system by using and developing the particular advantages of each	8356
transportation mode to the fullest extent. In furtherance of	8357
these purposes, the director shall use the state infrastructure	8358
bank to provide financial assistance to public or private	8359
entities for qualified projects. Such assistance shall be in the	8360
form of loans, loan guarantees, letters of credit, leases,	8361
lease-purchase agreements, interest rate subsidies, debt service	8362
reserves, and such other forms as the director determines to be	8363
appropriate. All fees, charges, rates of interest, payment	8364
schedules, security for, and other terms and conditions relating	8365
to such assistance shall be determined by the director. ~~The~~	8366
~~highway and transit infrastructure bank fund, the aviation~~	8367
~~infrastructure bank fund, and the rail infrastructure bank fund~~	8368
~~may be used to pay debt service on obligations whose proceeds~~	8369
~~have been deposited into the infrastructure bank obligations~~	8370
~~fund.~~	8371

(2) The director shall use the new generation infrastructure	8372
bank funds to encourage transportation innovation authorities	8373
created under Chapter 5539. of the Revised Code to invest in	8374
transportation facilities that contribute to the multi-modal and	8375
intermodal transportation capabilities of the state, develop a	8376
variety of financing techniques designed to expand the	8377
availability of funding resources and to reduce direct state	8378
costs, maximize transportation innovation authorities'	8379
participation in financing projects, and improve the efficiency of	8380
the state transportation system by using and developing the	8381
particular advantages of each transportation mode to the fullest	8382
extent. In furtherance of these purposes, the director shall use	8383
the new generation infrastructure bank funds to provide financial	8384
assistance to transportation innovation authorities for qualified	8385
projects. Such assistance shall be in the form of loans, loan	8386
guarantees, letters of credit, leases, lease-purchase agreements,	8387
interest rate subsidies, debt service reserves, and such other	8388
forms of assistance as the director determines to be appropriate.	8389
All fees, charges, rates of interest, payment schedules, security	8390
for, and other terms and conditions relating to such assistance	8391
shall be determined by the director.	8392

(C) The director of transportation shall adopt rules	8393
establishing guidelines necessary for the implementation and	8394
exercise of the authority granted by this section, including rules	8395
for receiving, reviewing, evaluating, and selecting projects for	8396
which financial assistance may be approved.	8397

(D) As used in this section and in section 5531.10 of the	8398
Revised Code, "qualified project" means any public or private	8399
transportation project as determined by the director of	8400
transportation, including, without limitation, planning,	8401
environmental impact studies, engineering, construction,	8402
reconstruction, resurfacing, restoring, rehabilitation, or	8403
replacement of public or private transportation facilities within	8404
the state, studying the feasibility thereof, and the acquisition	8405
of real or personal property or interests therein; any highway,	8406
public transit, aviation, rail, or other transportation project	8407
eligible for financing or aid under any federal or state program;	8408
and any project involving the maintaining, repairing, improving,	8409
or construction of any public or private highway, road, street,	8410
parkway, public transit, aviation, or rail project, and any	8411
related rights-of-way, bridges, tunnels, railroad-highway	8412
crossings, drainage structures, signs, guardrails, or protective	8413
structures.	8414

(E) The general assembly finds that state infrastructure	8415
projects, as defined in division (A)(8) of section 5531.10 of the	8416
Revised Code, and the state infrastructure bank, will materially	8417
contribute to the economic revitalization of areas of the state	8418
and result in improving the economic welfare of all the people of	8419
the state. Accordingly, it is declared to be the public purpose of	8420
the state, through operations under sections 5531.09 and 5531.10	8421
of the Revised Code, and other applicable laws adopted pursuant to	8422
Section 13 of Article VIII, Ohio Constitution, and other authority	8423
vested in the general assembly, to assist in and facilitate the	8424
purposes set forth in division (B) of section 5531.10 of the	8425
Revised Code, and to assist and cooperate with any governmental	8426
agency in achieving such purposes.	8427

Sec. 5531.11. As used in sections 5531.11 to 5531.18 of the	8428
Revised Code:	8429

"Cost" means all costs of constructing, improving, repairing,	8430
maintaining, administering, and operating the Ohio transportation	8431
system, including all costs payable with respect to permanent	8432
improvements as described in division (B) of section 133.15 of the	8433
Revised Code.	8434

"Governmental agency" means any state agency, federal agency,	8435
political subdivision, or other local, interstate, or regional	8436
governmental agency, and any combination of those agencies.	8437

"Highway project" means any project intended for the highway	8438
purpose of supporting the state highway system. A highway project,	8439
whether publicly or privately owned, is a state infrastructure	8440
project as defined in section 5531.10 of the Revised Code for all	8441
purposes of that section and section 5531.09 of the Revised Code	8442
and also is a transportation facility as defined in section	8443
5501.01 of the Revised Code.	8444

"New capacity project" means any tolled project for which	8445
construction is undertaken pursuant to sections 5531.11 to 5531.18	8446
of the Revised Code, including construction on existing public	8447
freeways if the construction increases the total number of lanes,	8448
including tolled and nontolled lanes, and does not decrease the	8449
total number of nontolled lanes at each mile.	8450

"Ohio transportation system" or "system" means all existing	8451
and future transportation projects constructed, operated,	8452
repaired, maintained, administered, and operated under the	8453
jurisdiction of the department of transportation, including tolled	8454
projects and highway capacity projects.	8455

"Public roads" means all public highways, roads, and streets	8456
in the state, whether maintained by a state agency or any other	8457
governmental agency.	8458

"Public utility facilities" means tracks, pipes, mains,	8459
conduits, cables, wires, towers, poles, and other equipment and	8460
appliances of any public utility.	8461

"Revenues" means all nontax revenues coming into the	8462
possession of or under the control of the department by virtue of	8463
sections 5531.11 to 5531.18 of the Revised Code. "Revenues" does	8464
not include proceeds from the sale of obligations but does include	8465
tolls, service revenues, investment income on the Ohio toll fund	8466
established in section 5531.14 of the Revised Code, rentals,	8467
gifts, and grants.	8468

"Service facilities" means service stations, restaurants, and	8469
other facilities for food service, roadside parks and rest areas,	8470
parking, camping, tenting, rest, and sleeping facilities, hotels	8471
or motels, and all similar and other facilities providing services	8472
to the traveling public in connection with the use of a tolled	8473
project and owned, leased, licensed, or operated by the department	8474
of transportation.	8475

"Service revenues" means those revenues of the department	8476
derived from its ownership, leasing, licensing, or operation of	8477
service facilities.	8478

"Tolled project" includes, but is not limited to, any express	8479
or limited access highway, motorway, interchange, service road,	8480
bridge, tunnel, bypass, general purpose lane addition, high	8481
occupancy lane, smart lane, intermodal facility, parking lot,	8482
airport, runway, canal, port, waterway, rail line, railroad	8483
interchange, railway spur, or highway project established,	8484
constructed, reconstructed, maintained, repaired, administered,	8485
operated, or improved, under the jurisdiction of the department	8486
of transportation and pursuant to sections 5531.11 to 5531.18 of	8487
the Revised Code, at a location or locations determined by the	8488
director of transportation, including all bridges, tunnels,	8489
overpasses, underpasses, interchanges, entrance plazas,	8490
approaches, those portions of connecting public roads that serve	8491
interchanges and are determined by the director to be necessary	8492
for the safe merging of traffic between the tolled project and	8493
those nontolled public roads, toll booths, service facilities,	8494
and administration, storage, and other buildings, property, and	8495
facilities that the department considers necessary for the	8496
operation or policing of the tolled project, together with all	8497
property and rights that may be acquired by the department for	8498
the construction, maintenance, repair, administration,	8499
improvement, or operation of the tolled project, and includes any	8500
sections or extensions of a tolled project designated by the	8501
department as such for the particular purpose. Each tolled	8502
project may be separately designated, by name or number, and may	8503
be constructed, improved, or extended in such sections as the	8504
department may from time to time determine pursuant to sections	8505
5531.11 to 5531.18 of the Revised Code. A tolled project, whether	8506
publicly or privately owned, is a state infrastructure project as	8507
defined in section 5531.10 of the Revised Code for all purposes	8508
of that section and section 5531.09 of the Revised Code and also	8509
is a transportation facility as defined in section 5501.01 of the	8510
Revised Code.	8511

"Tolls" means tolls, special fees or permit fees, or other	8512
charges by the department to the owners, lessors, lessees,	8513
operators of motor vehicles, or other users of a tolled project	8514
for the operation or use of or the right to operate on a tolled	8515
project.	8516

Sec. 5531.12. In order to remove present and anticipated	8517
handicaps and potential hazards on the highways in this state, to	8518
facilitate vehicular traffic throughout the state, to promote the	8519
agricultural, commercial, recreational, tourism, and industrial	8520
development of the state, and to provide for the general welfare	8521
by the construction, improvement, and maintenance of modern	8522
express highways embodying safety devices, including center	8523
divisions, ample shoulder widths, longsight distances, multiple	8524
lanes in each direction, and grade separations at intersections	8525
with other public roads and railroads, the department of	8526
transportation may construct, improve, maintain, repair,	8527
administer, and operate a system of new capacity projects at	8528
locations in accordance with alignment and design standards that	8529
are approved by the director of transportation. The tolled	8530
projects authorized by sections 5531.11 to 5531.18 of the Revised	8531
Code are part of the Ohio transportation system.	8532

Sec. 5531.13. (A) The director of transportation may acquire	8533
or dispose of any public or private property or interests therein	8534
the director determines to be necessary, convenient, or proper for	8535
the construction, improvement, repair, maintenance,	8536
administration, or operation of tolled projects in the same manner	8537
as the director may acquire or dispose of such property for	8538
transportation facilities or highway purposes, under sections	8539
5501.311 to 5501.34 and 5501.45 and Chapter 5519. of the Revised	8540
Code.	8541

(B) The director may enter into any contracts the director	8542
determines to be necessary, convenient, or proper for the	8543
construction, improvement, repair, maintenance, administration, or	8544
operation of tolled projects in the manner provided in Chapter	8545
5525. of the Revised Code.	8546

(C) The director may enter into any professional contracts	8547
the director determines to be necessary, convenient, or proper for	8548
the construction, improvement, repair, maintenance,	8549
administration, or operation of tolled projects in the manner	8550
provided in Chapter 5526. of the Revised Code.	8551

(D) Tolls and accounts within the Ohio toll fund established	8552
in section 5531.14 of the Revised Code may be used for the	8553
acquisition of property under division (A) of this section or	8554
pursuant to contracts entered into under division (B) or (C) of	8555
this section to the same extent permitted by section 5531.14 of	8556
the Revised Code with respect to obligations.	8557

Sec. 5531.14. (A) To the extent permitted by federal law,	8558
the director of transportation may fix, revise, charge, and	8559
collect tolls for each tolled project, and contract with any	8560
person or governmental agency desiring the use of any part	8561
thereof, including the right-of-way adjoining the paved portion,	8562
for placing thereon telephone, electric light, or power lines,	8563
service facilities, or for any other purpose, and fix the terms,	8564
conditions, rents, and rates of charge for such use; provided,	8565
that no toll, charge, or rental may be made for placing in, on,	8566
along, over, or under the tolled project, equipment or public	8567
utility facilities that are necessary to serve service facilities	8568
or to interconnect any public utility facilities.	8569

In accordance with Chapter 119. of the Revised Code, the	8570
director shall establish a plan, schedule, or system of tolls or	8571
charges and shall declare the purpose, amount, and duration of the	8572
tolls or charges. Any proposal to implement a toll or other charge	8573
under this section may include a plan, schedule, or system of	8574
tolls or charges that is subject to adjustment by the director	8575
within and in accordance with that plan, schedule, or system.	8576

(B) For any toll imposed under this section, the department	8577
of transportation may use a system for toll collection that is	8578
capable of charging an account holder the appropriate toll or	8579
charge by transmission of information from an electronic device on	8580
a motor vehicle to the toll lane, which information is used to	8581
charge the account holder the appropriate toll or charge.	8582

(C) One or more tolls, or a portion of any toll, may be	8583
pledged to the repayment of obligations in the bond proceedings	8584
for those obligations and shall be a pledged receipt for those	8585
obligations to the extent pledged in those bond proceedings.	8586

(D) Tolls shall be so fixed and adjusted as to provide funds	8587
at least sufficient with other revenues of the Ohio transportation	8588
system, if any, to pay:	8589

(1) Any bond service charges on obligations issued to pay	8590
costs of one or more tolled projects as such charges become due	8591
and payable;	8592

(2) The cost of maintaining, improving, repairing,	8593
constructing, and operating tolled projects within the Ohio	8594
transportation system and its different parts and sections, and	8595
to create and maintain any reserves for those purposes.	8596

(E) Except as provided in division (F) of this section, money	8597
received from tolls imposed under this section shall be deposited	8598
to the credit of the Ohio toll fund, which is hereby created in	8599
the state treasury. The treasurer of state may establish separate	8600
subaccounts within the Ohio toll fund as determined to be	8601
necessary or convenient to pay costs of constructing,	8602
improving, repairing, maintaining, administering, and operating	8603
tolled projects within the Ohio transportation system. Any	8604
remaining money deposited into the Ohio toll fund shall be used	8605
at the discretion of the director to support construction,	8606
improvement, repair, maintenance, administration, and operation	8607
costs for approved tolled projects and highway projects within one	8608
mile of a tolled project. All investment earnings of the fund	8609
shall be credited to the fund.	8610

(F) The issuing authority shall, by the fifteenth day of July	8611
of each fiscal year, certify or cause to be certified to the	8612
department of transportation and the office of budget and	8613
management the total amount of money required during the current	8614
fiscal year to meet in full all bond service charges and otherwise	8615
comply with the requirements of any applicable bond proceedings.	8616
The issuing authority shall make or cause to be made supplemental	8617
certifications to the department of transportation and the office	8618
of budget and management for each bond service payment date and at	8619
such other times during each fiscal year as may be provided in the	8620
applicable bond proceedings or required by that department or	8621
office. Bond service charges, costs of credit enhancement	8622
facilities, other financing costs, and any other amounts required	8623
under the applicable bond proceedings shall be set forth	8624
separately in each certification. Money received from tolls and	8625
other pledged receipts shall be deposited to the credit of the	8626
bond service fund at such times and in such amounts as are	8627
necessary to satisfy all those payment requirements of the	8628
applicable bond proceedings.	8629

Sec. 5531.15. (A) The director of transportation, in	8630
accordance with Chapter 119. of the Revised Code, may adopt such	8631
rules as the director considers advisable for the control and	8632
regulation of traffic on any tolled project, for the protection	8633
and preservation of property under the jurisdiction and control of	8634
the department of transportation, for the maintenance and	8635
preservation of good order within the property under its control,	8636
and for the purpose of establishing owner or operator liability	8637
for failure to comply with toll collection rules.	8638

(B) The rules shall provide that public police officers shall	8639
be afforded ready access, while in the performance of their	8640
official duties, to all property under the jurisdiction of the	8641
department of transportation and without the payment of tolls.	8642

(C) No person shall violate any such rules of the department	8643
of transportation.	8644

(D)(1) All fines collected for the violation of applicable	8645
laws of the state and the rules of the department of	8646
transportation or money arising from bonds forfeited for such	8647
violation shall be disposed of in accordance with section 5503.04	8648
of the Revised Code.	8649

(2) All fees or charges assessed by the department of	8650
transportation in accordance with this section against an owner or	8651
operator of a vehicle as a civil violation for failure to comply	8652
with toll collection rules shall be revenues of the department.	8653

Sec. 5531.16. (A) Each tolled project shall be maintained	8654
and kept in good condition and repair by the department of	8655
transportation. Tolled projects shall be operated by toll	8656
collectors and other employees and agents that the department	8657
employs or contracts for. Tolled projects shall be policed by the	8658
state highway patrol in accordance with section 5503.02 of the	8659
Revised Code; provided, that the state highway patrol also shall	8660
enforce all rules of the department adopted under division (A) of	8661
section 5531.15 of the Revised Code that relate to the operation	8662
and use of vehicles on a tolled project and that are punishable	8663
under division (A) of section 5531.99 of the Revised Code.	8664

(B) An action for damages against the state for any public or	8665
private property damaged or destroyed in carrying out the powers	8666
granted by sections 5531.11 to 5531.18 of the Revised Code shall	8667
be filed in the court of claims pursuant to Chapter 2743. of the	8668
Revised Code.	8669

(C) All governmental agencies may lease, lend, grant, or	8670
convey to the department of transportation at its request, upon	8671
terms that the proper authorities of the governmental agencies	8672
consider reasonable and fair and without the necessity for an	8673
advertisement, order of court, or other action or formality, other	8674
than the regular and formal action of the authorities concerned,	8675
any property that is necessary or convenient to the effectuation	8676
of the purposes of sections 5531.11 to 5531.18 of the Revised	8677
Code, including public roads and other property already devoted to	8678
public use.	8679

(D) Each bridge constituting part of a tolled project shall	8680
be considered a bridge on the state highway system for purposes of	8681
sections 5501.47 and 5501.49 of the Revised Code.	8682

(E) In accordance with Chapter 5501. of the Revised Code, the	8683
department of transportation shall make an annual report of its	8684
tolled project activities for the preceding calendar year to the	8685
governor and the general assembly.	8686

Sec. 5531.17. The exercise of the powers granted by sections	8687
5531.11 to 5531.18 of the Revised Code is in all respects for the	8688
benefit of the people of the state, for the increase of their	8689
commerce and prosperity, and for the improvement of their health	8690
and living conditions; and as the construction, operation, and	8691
maintenance of the Ohio toll-way system by the department of	8692
transportation constitute the performance of essential	8693
governmental functions, the department shall not be required to	8694
pay any state or local taxes or assessments upon any tolled	8695
project, or upon revenues or any property acquired or used by the	8696
department under sections 5531.11 to 5531.18 of the Revised Code,	8697
or upon the income therefrom.	8698

Sec. 5531.18. The director of transportation shall establish	8699
a procedure whereby a political subdivision or other governmental	8700
agency or agencies may submit a written application to the	8701
director in accordance with Chapter 5539. of the Revised Code	8702
requesting the department of transportation to construct and	8703
operate a tolled project within the boundaries of the subdivision,	8704
agency, or agencies making the request. The procedure shall	8705
include a requirement that the director send a written reply to	8706
the subdivision, agency, or agencies explaining the disposition of	8707
the request.	8708

Sec. 5531.99. (A) Except as provided in division (B) of this	8709
section, whoever violates division (C) of section 5531.15 of the	8710
Revised Code is guilty of a minor misdemeanor on a first offense;	8711
on each subsequent offense such person is guilty of a misdemeanor	8712
of the fourth degree.	8713

(B) Whoever violates division (C) of section 5531.15 of the	8714
Revised Code when the violation is a civil violation for failure	8715
to comply with toll collection rules is subject to a fee or charge	8716
established by the department of transportation by rule.	8717

Sec. 5537.07. (A) When the cost to the Ohio turnpike	8718
commission under any contract with a person other than a	8719
governmental agency involves an expenditure of more than fifty	8720
thousand dollars, the commission shall make a written contract	8721
with the lowest responsive and responsible bidder in accordance	8722
with section 9.312 of the Revised Code after advertisement for not	8723
less than two consecutive weeks in a newspaper of general	8724
circulation in Franklin county, and in such other publications as	8725
the commission determines, which notice shall state the general	8726
character of the work and the general character of the materials	8727
to be furnished, the place where plans and specifications therefor	8728
may be examined, and the time and place of receiving bids. The	8729
commission may require that the cost estimate for the	8730
construction, demolition, alteration, repair, improvement,	8731
renovation, or reconstruction of roadways and bridges for which	8732
the commission is required to receive bids be kept confidential	8733
and remain confidential until after all bids for the public	8734
improvement have been received or the deadline for receiving bids	8735
has passed. Thereafter, and before opening the bids submitted for	8736
the roadways and bridges, the commission shall make the cost	8737
estimate public knowledge by reading the cost estimate in a public	8738
place. The commission may reject any and all bids. The	8739
requirements of this division do not apply to contracts for the	8740
acquisition of real property or compensation for professional or	8741
other personal services.	8742

(B) Each bid for a contract for construction, demolition,	8743
alteration, repair, improvement, renovation, or reconstruction	8744
shall contain the full name of every person interested in it and	8745
shall meet the requirements of section 153.54 of the Revised Code.	8746

(C) ~~Each bid for a contract, other~~Other than for a contract	8747
referred to in division (B) of this section, each bid for a	8748
contract that involves an expenditure in excess of one hundred	8749
fifty thousand dollars or any contract with a service facility	8750
operator shall contain the full name of every person interested in	8751
it and shall be accompanied by a sufficient bond or certified	8752
check on a solvent bank that if the bid is accepted a contract	8753
will be entered into and the performance of its proposal secured.	8754

(D) AOther than a contract referred to in division (B) of	8755
this section, a bond with good and sufficient surety, in a form as	8756
prescribed and approved by the commission, shall be required of	8757
every contractor awarded a contract~~, other than a contract~~	8758
~~referred to in division (B) of this section,~~that involves an	8759
expenditure in excess of one hundred fifty thousand dollars or any	8760
contract with a service facility operator. The bond shall be in an	8761
amount equal to at least fifty per cent of the contract price,and	8762
shall be conditioned upon the faithful performance of the	8763
contract.	8764

(E) Notwithstanding any other provisions of this section, the	8765
commission may establish a program to expedite special projects by	8766
combining the design and construction elements of any public	8767
improvement project into a single contract. The commission shall	8768
prepare and distribute a scope of work document upon which the	8769
bidders shall base their bids. At a minimum, bidders shall meet	8770
the requirements of section 4733.161 of the Revised Code. Except	8771
in regard to those requirements relating to providing plans, the	8772
commission shall award contracts following the requirements set	8773
forth in divisions (A), (B), (C), and (D) of this section.	8774

Sec. 5537.99. (A) Except as provided in division (B) of	8775
this section, whoever violates division (C) of section 5537.16 of	8776
the Revised Code is guilty of a minor misdemeanor on a first	8777
offense; on each subsequent offense such person is guilty of a	8778
misdemeanor of the fourth degree.	8779

(B)(1) Whoever violates division (C) of section 5537.16 of	8780
the Revised Code when the violation is a civil violation for	8781
failure to comply with toll collection rules is subject to a fee	8782
or charge established by the commission by rule.	8783

(2) Whoever violates division (C) of section 5537.16 of the	8784
Revised Code in regard to allowable axle or vehicle loads shall be	8785
fined in accordance with division (A) of section 5577.99 of the	8786
Revised Code.	8787

Sec. 5539.01. As used in this chapter:

8788

"Governmental agency" means a county, township, or municipal	8789
corporation, and any agency thereof; any other political	8790
subdivision; any county transit system, regional transit	8791
authority, or regional transit commission created under Chapter	8792
306. of the Revised Code; any new community authority organized	8793
under Chapter 349. of the Revised Code; one or more municipal	8794
corporations and one or more townships acting pursuant to a	8795
cooperative economic development agreement entered into under	8796
section 701.07 of the Revised Code; any joint economic development	8797
zone or joint economic development district organized under	8798
Chapter 715. of the Revised Code; any metropolitan planning	8799
organization; any port authority created under Chapter 4582. of	8800
the Revised Code; any transportation improvement district created	8801
under Chapter 5540. of the Revised Code; the Ohio rail development	8802
commission created under Chapter 4981. of the Revised Code; any	8803
other public corporation, agency, or commission established	8804
pursuant to state law; and any combination of the above.	8805

"Multimodal and intermodal transportation system" means a	8806
system of roads and highways, rail lines, water ports, airports,	8807
bicycle paths, pedestrian walkways, or public transit systems,	8808
including connections between them, and related facilities.	8809

"Passenger rail service" means passenger railroad service	8810
that connects two or more urbanized areas.	8811

"Public transit system" means a system of local	8812
transportation of passengers and their incidental baggage on	8813
scheduled routes by means of a conveyance on an individual	8814
passenger fare-paying basis, and excluding transportation by a	8815
sightseeing bus, taxi, or any vehicle not operated on a scheduled	8816
route basis.	8817

"Transportation innovation authority" means a body corporate	8818
and politic created pursuant to section 5539.03 of the Revised	8819
Code.	8820

"Transportation project" means a project constructed,	8821
improved, operated, or managed under this chapter, including the	8822
construction, reconstruction, alteration, repair, improvement,	8823
operation, or management of any road, highway, bridge, or other	8824
transportation facility as defined in section 5501.01 of the	8825
Revised Code; any multimodal and intermodal systems; any public	8826
transit system; and any freight or intercity passenger rail	8827
system.	8828

Sec. 5539.02. "(A) The director of transportation is hereby	8829
authorized to establish a transportation innovation authority	8830
pilot project and shall approve not more than four transportation	8831
innovation authorities pursuant to division (B) of section 5539.03	8832
of the Revised Code and shall report to the general assembly	8833
pursuant to division (C) of section 5539.07 of the Revised Code.	8834

(B) The purpose of a transportation innovation authority	8835
established under this chapter is to foster and encourage the	8836
investment of public and private resources in the planning and	8837
implementation of innovative transportation projects to enhance	8838
the efficiency of the state's transportation system, enhance	8839
intermodal and multimodal systems to streamline the	8840
transportation of goods and persons, and encourage the improvement	8841
and development of public transit systems and intercity passenger	8842
rail service throughout the state. A transportation innovation	8843
authority shall assist governmental agencies in the identification	8844
of transportation needs that will foster growth and economic	8845
development in the region conducive to the transportation projects	8846
and shall assist in funding priority projects through cooperative	8847
arrangements involving public and private partnerships.	8848

Sec. 5539.03. (A) Subject to approval by the director of	8849
transportation under division (B) of this section, any	8850
governmental agency, by resolution, ordinance, or other formal	8851
action by the appropriate legislative authority of such	8852
governmental agency, as applicable, may enter into an agreement	8853
with one or more other governmental agencies proposing to form a	8854
transportation innovation authority. The agreement between all	8855
participating governmental agencies, at a minimum, shall do all of	8856
the following:	8857

(1) Identify all members of the authority;

8858

(2) Designate the geographical area to be included in the	8859
jurisdiction of the authority;	8860

(3) Identify the transportation needs of the region covered	8861
by the authority and define the transportation projects necessary	8862
to meet such needs;	8863

(4) Provide for the planning, construction, operation, and	8864
maintenance of transportation projects proposed to be undertaken	8865
by the authority;	8866

(5) Establish the dates for the existence and operation of	8867
the authority, which shall include a date of creation, the means	8868
for determining when the authority shall cease to exist, how the	8869
authority may expand its membership, and how a member may end its	8870
membership;	8871

(6) Allow for and establish the terms of funding arrangements	8872
for the identified projects through any combination of funding	8873
sources authorized by this chapter or otherwise authorized by law;	8874

(7) Subject to section 5539.031 of the Revised Code, require	8875
all political subdivisions participating as members of the	8876
authority to agree, in a time and manner specified in the	8877
agreement, to adopt zoning and land use policies and laws that	8878
are consistent with and that complement the transportation	8879
innovation authority priorities, objectives, and identified	8880
projects.	8881

(B) Upon entering into an agreement, a proposed	8882
transportation innovation authority shall provide a copy of the	8883
agreement to the director of transportation, who shall approve or	8884
disapprove the agreement or suggest modifications to ensure	8885
consistency with the purposes of this chapter.	8886

(C) A transportation innovation authority is deemed to be	8887
created upon the adoption by each participating governmental	8888
agency, acting by resolution, ordinance, or other formal action,	8889
as applicable, of an agreement approved by the director.	8890

Sec. 5539.031. As soon as practicable after approval of an	8891
agreement under division (C) of section 5539.03 of the Revised	8892
Code and before engaging in any transportation project	8893
development, a transportation innovation authority shall develop a	8894
proposed land use plan for the area within the authority that	8895
includes recommended changes to current land use and zoning	8896
policies and other measures that promote land use consistent with	8897
the authority's proposed transportation projects. The proposed	8898
land use plan shall be submitted to each member governmental	8899
agency and the department of transportation. The plan shall	8900
include a document that specifically details the changes required	8901
of each such governmental agency to that agency's current land use	8902
and zoning policies. Upon receipt of the proposed land use plan,	8903
the appropriate legislative authority of the governmental agency,	8904
in the time and manner specified in the agreement adopted under	8905
section 5539.03 of the Revised Code, shall express its intent to	8906
take action to change its land use policies and regulations.	8907

Sec. 5539.04. (A) A transportation innovation authority shall	8908
be governed by a board of directors, the membership of which shall	8909
be established by the governmental agencies comprising the	8910
authority; provided, that there shall be an equal number of board	8911
members representing each governmental agency comprising the	8912
authority. Each member of the board serves at the pleasure of the	8913
member's appointing authority, and the appointing authority may	8914
remove an appointee the appointing authority has appointed at any	8915
time and for any reason. Members of the board shall receive no	8916
compensation but may be reimbursed for their necessary and actual	8917
expenses incurred in the course of duties as board members. The	8918
affirmative vote of a majority of the board is necessary to	8919
transact business.	8920

(B) An authority shall adopt bylaws for the regulation of its	8921
affairs and the conduct of its business and shall provide for	8922
public notice and opportunity for public comment on the	8923
identification of transportation projects and plans for funding	8924
the construction, operation, and maintenance of such projects.	8925

(C) A transportation innovation authority is a body both	8926
corporate and politic, and the exercise by it of the powers	8927
conferred by this chapter are considered to be essential	8928
governmental functions.	8929

Sec. 5539.05. A transportation innovation authority may:

8930

(A) Sue and be sued in its own name, plead, and be impleaded;	8931
provided, any actions against the authority shall be brought in	8932
the court of common pleas in the county in which the authority is	8933
headquartered or in the court of common pleas of the county in	8934
which the cause of action arose, and all summonses and notices of	8935
any kind shall be served on the authority by leaving a copy	8936
thereof at its headquarters;	8937

(B) Purchase, construct, maintain, repair, sell, exchange,	8938
police, operate, or lease a project as defined by this chapter;	8939

(C) Make and enter into all contracts and agreements	8940
necessary or incidental to the performance of its functions in	8941
designing, planning, and implementing a project and the execution	8942
of its powers under this chapter;	8943

(D) Employ, retain, or contract for the services of	8944
consultants, engineers, construction and accounting experts,	8945
financial advisers, trustees, attorneys, or other employees,	8946
independent contractors, or agents as are necessary in its	8947
judgment for the exercise of its powers and performance of its	8948
duties under this chapter;	8949

(E) Acquire, hold, and dispose of property in the exercise of	8950
its powers and the performance of its duties under this chapter;	8951

(F) Direct its agents or employees, when properly identified	8952
in writing and after reasonable notice, to enter upon lands within	8953
its jurisdiction to make surveys and examinations preliminary to	8954
the location and construction of projects for the authority,	8955
without liability of the authority or its agents or employees	8956
except for actual damages arising solely out of such entry;	8957

(G) Enter into contracts, agreements, or any other	8958
partnerships with private entities, where appropriate, to	8959
streamline and enhance the planning and implementation and funding	8960
of identified projects;	8961

(H) Do all acts necessary and proper to carry out the powers	8962
expressly granted in this chapter.	8963

Sec. 5539.06. The board and members of a transportation	8964
innovation authority created under this chapter shall encourage	8965
the participation of all political subdivisions within the	8966
geographic jurisdiction of the authority. An authority shall	8967
invite the participation of any new community authority, county	8968
transit system, regional transit authority, regional transit	8969
commission, joint economic development zone or joint economic	8970
development district, transportation improvement district, port	8971
authority, or metropolitan planning organization whose	8972
jurisdiction is within or substantially within the jurisdiction	8973
identified by an authority.	8974

Sec. 5539.07. (A) The director of transportation may provide	8975
grants for planning and project development, funding from the	8976
state infrastructure bank under section 5531.09 of the Revised	8977
Code, and support for the priority transportation projects	8978
identified by a transportation innovation authority.	8979

(B) In accordance with Chapter 119. of the Revised Code, the	8980
director may adopt rules to assist in the creation and operation	8981
of transportation innovation authorities consistent with the	8982
purposes of this chapter.	8983

(C) The director shall issue an annual report to the general	8984
assembly summarizing the effectiveness of the authorities created	8985
under this chapter in identifying and funding the transportation	8986
needs of the state.	8987

Sec. 5539.08. (A) A transportation innovation authority shall	8988
hold and apply such funds as it considers necessary to carry out	8989
the powers and duties conferred by this chapter and as set forth	8990
in the agreement adopted by the authority.	8991

(B) An authority shall adopt an operating budget to hire	8992
employees, contract for services, and conduct normal business	8993
functions. All funding for such operating budget shall be paid	8994
from contributions from each governmental agency constituting the	8995
authority. No state funds shall be used for the operating budget	8996
of an authority.	8997

(C) An authority shall submit an annual audited financial	8998
report to the general assembly and the director of transportation	8999
setting forth all sources and uses of funds obtained or otherwise	9000
generated by the authority and a detailed breakdown of the	9001
different classes of expenditures made by the authority during	9002
each calendar year of operation. Such report also shall contain	9003
two-year budget projections for the operating expenses for the	9004
authority and specific transportation project funding.	9005

Sec. 5539.09. (A) A transportation innovation authority may	9006
acquire by purchase, lease, lease-purchase, lease with option to	9007
purchase, or otherwise, and in such manner and for such	9008
consideration as it considers proper, any public or private	9009
property necessary, convenient, or proper for the construction,	9010
maintenance, repair, or operation of a transportation project.	9011
Title to real and personal property shall be held in the name of	9012
the authority. Except as otherwise agreed to by the owner, full	9013
compensation shall be paid for public property taken.	9014

(B) A governmental agency may exercise the power of eminent	9015
domain to acquire property necessary for or in connection with a	9016
transportation project, but only to the extent such power is	9017
granted to the governmental agency individually. In any	9018
proceedings for appropriation, the procedure to be followed shall	9019
be in accordance with that provided in sections 163.01 to 163.22	9020
of the Revised Code or as otherwise provided by law for the	9021
governmental agency. Nothing in this chapter shall be construed as	9022
permitting a transportation innovation authority to exercise the	9023
power of eminent domain as a collective entity to acquire property	9024
necessary for or in connection with a transportation project.	9025

(C) This section does not authorize an authority to take or	9026
disturb property or facilities belonging to any public utility or	9027
to a common carrier engaged in interstate commerce if the property	9028
or facilities are required for the proper and convenient operation	9029
of the public utility or common carrier unless provision is made	9030
for the restoration, relocation, replication, or duplication of	9031
the property or facilities elsewhere at the sole cost of the	9032
authority.	9033

(D) Except as otherwise provided in this chapter, disposition	9034
of real property shall be by sale, lease-purchase agreement, lease	9035
with option to purchase, or otherwise in such manner and for such	9036
consideration as the authority determines if to a governmental	9037
agency or to a private entity involved in the transportation	9038
project funding, and otherwise in the manner provided in section	9039
5501.45 of the Revised Code for the disposition of property by the	9040
director of transportation. Disposition of personal property shall	9041
be in such manner and for such consideration as the authority	9042
determines.	9043

Sec. 5539.10. The board of directors of a transportation	9044
innovation authority may acquire real property in fee simple in	9045
the name of the authority in connection with, but in excess of	9046
that needed for, a project, by any method other than appropriation	9047
and hold the property for such period of time as the board	9048
determines. All right, title, and interest of the authority in the	9049
property may be sold at public auction or otherwise, as the board	9050
considers in the best interests of the authority, but in no event	9051
shall the property be sold for less than two-thirds of its	9052
appraised value. Sale at public auction shall be undertaken only	9053
after the board advertises the sale in a newspaper of general	9054
circulation in the area of the jurisdiction of the authority for	9055
at least two weeks prior to the date set for the sale.	9056

Sec. 5539.11. (A) A governmental agency may fund or assist in	9057
funding a transportation project as set forth in this chapter	9058
using the authority granted to any governmental agency	9059
participating as a member of a transportation innovation	9060
authority, but only to the extent such power is granted to the	9061
governmental agency individually. Nothing in this section shall be	9062
construed as permitting a transportation innovation authority or	9063
granting such authority the right to levy any fee, assessment,	9064
payment, or tax as a collective entity.	9065

(B) Projects identified by a transportation innovation	9066
authority under this chapter may be funded through any combination	9067
of revenue generated under the authority granted by this chapter	9068
or under the authority granted to any governmental agency	9069
participating as a member of an authority. Subject to the	9070
following limitations, such funding sources may include special	9071
fees and assessments levied by a governmental agency, fair share	9072
payments, payments in lieu of property tax on improvements, cash	9073
payments by private participants, dedicated portions of local	9074
sales tax and local income tax receipts, loans or grants from	9075
local, state, or federal sources, implementation of tolling	9076
arrangements or other charges as authorized and governed by	9077
sections 5531.11 to 5531.18 of the Revised Code, or any other	9078
revenue raising or tax incentive authority available to an	9079
authority or any governmental agency acting as a member of an	9080
authority:	9081

(1) A transportation innovation authority may participate in	9082
the levy of special assessments by a governmental agency to assist	9083
in the payment of costs for the construction, reconstruction,	9084
alteration, repair, improvement, operation, or management of an	9085
identified transportation project if the authority determines that	9086
the project will benefit the geographic area where the project	9087
will be constructed, reconstructed, altered, repaired, improved,	9088
operated, or maintained.	9089

(2) When it is determined that a project will benefit both a	9090
single political subdivision and the jurisdiction covered by an	9091
authority as a whole, any governmental agency participating as a	9092
member of a transportation innovation authority may exercise its	9093
taxing authority on income, sales, or property under Title LVII of	9094
the Revised Code, or provide for payments in lieu of property tax	9095
on improvements, to benefit the entire jurisdiction covered by the	9096
authority.	9097

(3) A transportation innovation authority may obtain loans or	9098
grants from local, state, or federal sources. Loans or grants from	9099
federal or state sources may be used for funding transportation	9100
projects and may not be applied to the operating expenses of an	9101
authority.	9102

(4) An authority may issue bonds to pay for all or part of	9103
the cost of an identified project.	9104

(5) When it is determined that a project will benefit both a	9105
single political subdivision and the jurisdiction covered by an	9106
authority as a whole, each governmental agency participating as a	9107
member of the authority may issue bonds for a portion of the cost	9108
of any project if Chapter 133. of the Revised Code would authorize	9109
the issuance of those bonds as if the governmental agency alone	9110
were undertaking the project, subject to the same conditions and	9111
restrictions.	9112

(6) Any governmental agency participating as a member of an	9113
authority may appropriate money available to the agency to pay	9114
costs incurred by the authority in the exercise of its powers and	9115
duties.	9116

(7) An authority may enter into agreements with private	9117
entities to assist with the construction, improvement, operation,	9118
or management of transportation projects. Such agreements may	9119
include fair share payments to be made by the private entities to	9120
fund the projects.	9121

(8) An authority may charge tolls or fees for the use of its	9122
transportation projects or facilities pursuant to sections 5531.11	9123
to 5531.18 of the Revised Code. Such revenues shall be deposited	9124
in accordance with sections 5531.11 to 5531.18 of the Revised	9125
Code and shall be utilized to support construction, improvement,	9126
repair, maintenance, administration, and operation costs for	9127
transportation projects within the geographical jurisdiction of	9128
the authority. All projects for which a toll or fee is proposed	9129
to be charged shall be subject to the review and approval of the	9130
transportation review advisory council in accordance with Chapter	9131
5512. of the Revised Code.	9132

Sec. 5735.06. (A) On or before the last day of each month,	9133
each motor fuel dealer shall file with the tax commissioner a	9134
report for the preceding calendar month, on forms prescribed by or	9135
in a form acceptable to the tax commissioner. The report shall	9136
include the following information:	9137

(1) An itemized statement of the number of gallons of all	9138
motor fuel received during the preceding calendar month by such	9139
motor fuel dealer, which has been produced, refined, prepared,	9140
distilled, manufactured, blended, or compounded by such motor fuel	9141
dealer in the state;	9142

(2) An itemized statement of the number of gallons of all	9143
motor fuel received by such motor fuel dealer in the state from	9144
any source during the preceding calendar month, other than motor	9145
fuel included in division (A)(1) of this section, together with a	9146
statement showing the date of receipt of such motor fuel; the name	9147
of the person from whom purchased or received; the date of receipt	9148
of each shipment of motor fuel; the point of origin and the point	9149
of destination of each shipment; the quantity of each of said	9150
purchases or shipments; the name of the carrier; the number of	9151
gallons contained in each car if shipped by rail; the point of	9152
origin, destination, and shipper if shipped by pipe line; or the	9153
name and owner of the boat, barge, or vessel if shipped by water;	9154

(3) An itemized statement of the number of gallons of motor	9155
fuel which such motor fuel dealer has during the preceding	9156
calendar month:	9157

(a) For motor fuel other than gasoline sold for use other	9158
than for operating motor vehicles on the public highways or on	9159
waters within the boundaries of this state;	9160

(b) Exported from this state to any other state or foreign	9161
country as provided in division (A)(4) of section 5735.05 of the	9162
Revised Code;	9163

(c) Sold to the United States government or any of its	9164
agencies;	9165

(d) Sold for delivery to motor fuel dealers;

9166

(e) Sold exclusively for use in the operation of aircraft;.

9167

(4) Such other information incidental to the enforcement of	9168
the motor fuel laws of the state as the commissioner requires.	9169

(B) The report shall show the tax due, computed as follows:

9170

(1) The following deductions shall be made from the total	9171
number of gallons of motor fuel received by the motor fuel dealer	9172
within the state during the preceding calendar month:	9173

(a) The total number of gallons of motor fuel received by the	9174
motor fuel dealer within the state and sold or otherwise disposed	9175
of during the preceding calendar month as set forth in section	9176
5735.05 of the Revised Code;	9177

(b) The total number of gallons received during the preceding	9178
calendar month and sold or otherwise disposed of to another	9179
licensed motor fuel dealer pursuant to section 5735.05 of the	9180
Revised Code;	9181

(c) To cover the costs of the motor fuel dealer ~~in compiling~~	9182
~~the report, and~~for evaporation, shrinkage, or other	9183
unaccounted-for losses:	9184

(i) If the report is timely filed ~~and~~or the tax is timely	9185
paid, ~~three~~one-half per cent of the total number of gallons of	9186
motor fuel received by the motor fuel dealer within the state	9187
during the preceding calendar month less the total number of	9188
gallons deducted under divisions (B)(1)(a) and (b) of this	9189
section, less ~~one~~fifteen one-hundredths of one per cent of the	9190
total number of gallons of motor fuel that were sold to a retail	9191
dealer during the preceding calendar month;	9192

(ii) If the report required by division (A) of this section	9193
is not timely filed ~~and~~or the tax is not timely paid, no	9194
deduction shall be allowed;	9195

(iii) If the report is incomplete, no deduction shall be	9196
allowed for any fuel on which the tax is not timely reported ~~and~~	9197
or paid;.	9198

(2) The number of gallons remaining after the deductions have	9199
been made shall be multiplied separately by each of the following	9200
amounts:	9201

(a) The cents per gallon rate;

9202

(b) Two cents.

9203

The sum of the products obtained in divisions (B)(2)(a) and	9204
(b) of this section shall be the amount of motor fuel tax for the	9205
preceding calendar month.	9206

(C) The report shall be filed ~~together with~~and payment of	9207
the tax shown on the report to be due~~, unless~~shall be made. If	9208
the motor fuel dealer is required by section 5735.062 of the	9209
Revised Code to pay the tax by electronic funds transfer, ~~in which~~	9210
~~case~~ the dealer shall file the report pursuant to this section and	9211
pay the tax pursuant to section 5735.062 of the Revised Code. The	9212
commissioner may extend the time for filing reports and may remit	9213
all or part of penalties which may become due under sections	9214
5735.01 to 5735.99 of the Revised Code. For purposes of this	9215
section and sections 5735.062 and 5735.12 of the Revised Code, a	9216
report required to be filed under this section is considered filed	9217
when it is received by the tax commissioner, and remittance of	9218
the tax due is considered to be made when the remittance is	9219
received by the tax commissioner or when credited to an account	9220
designated by the treasurer of state and the tax commissioner for	9221
the receipt of tax remittances. The tax commissioner shall	9222
immediately forward to the treasurer of state all amounts received	9223
under this section.	9224

(D) The tax commissioner may require a motor fuel dealer to	9225
file a report for a period other than one month. Such a report,	9226
together with payment of the tax, shall be filed not later than	9227
thirty days after the last day of the prescribed reporting period.	9228

(E) No person required by this section to file a tax report	9229
shall file a false or fraudulent tax report or supporting	9230
schedule.	9231

Sec. 5735.141. Any retail dealer of motor fuel shall	9232
receive a refund for Ohio motor fuel taxes paid on fuel lost by a	9233
retail dealer through shrinkage and evaporation. This refund shall	9234
be fifteen one-hundredths of one per cent of the Ohio motor fuel	9235
taxes paid on fuel purchased during any semiannual period ending	9236
the thirtieth day of June or the thirty-first day of December.	9237

In order to receive a refund, the retail dealer shall file	9238
with the tax commissioner, within one hundred twenty days after	9239
the thirtieth day of June and the thirty-first day of December of	9240
each year, an application for a refund stating the quantity of	9241
motor fuel that was purchased for resale by the applicant during	9242
the preceding semiannual period ending the thirtieth day of June	9243
or the thirty-first day of December and upon which the motor fuel	9244
tax has been paid. No person shall file a claim for the tax on	9245
fewer than one hundred gallons of motor fuel. The form and	9246
contents of the application shall be prescribed by the	9247
commissioner, and the application shall be signed in accordance	9248
with section 5703.25 of the Revised Code. On the filing of the	9249
application, the commissioner shall determine the amount of refund	9250
to which the applicant is entitled. If the amount is not less than	9251
that claimed, the commissioner shall certify the amount to the	9252
director of budget and management and treasurer of state for	9253
payment from the tax refund fund created by section 5703.052 of	9254
the Revised Code. If the amount is less than that claimed, the	9255
commissioner shall proceed in accordance with section 5703.70 of	9256
the Revised Code.	9257

No refund shall be authorized or ordered under this section	9258
for any single claim for the tax on fewer than one hundred gallons	9259
of motor fuel.	9260

The refund authorized by this section or section 5703.70 of	9261
the Revised Code shall be reduced by the cents per gallon amount	9262
of any qualified fuel credit received under section 5735.145 of	9263
the Revised Code, as determined by the commissioner, for each	9264
gallon of qualified fuel included in the total gallonage of motor	9265
fuel upon which the refund is computed.	9266

The right to receive any refund under this section or section	9267
5703.70 of the Revised Code is not assignable. The payment of the	9268
refund shall not be made to any person other than the retail	9269
dealer originally entitled thereto, except that the refund may be	9270
paid to the executor, administrator, receiver, trustee in	9271
bankruptcy, or assignee in insolvency proceedings of such	9272
retailer.	9273

A motor fuel dealer shall be deemed to be a retail dealer	9274
when acting in a retail capacity.	9275

Section 101.02. That existing sections 121.51, 125.11,	9276
133.52, 151.01, 151.09, 151.40, 955.201, 1548.10, 1548.14,	9277
1751.53, 2911.21, 2949.094, 3781.10, 3905.423, 3923.38, 4163.01,	9278
4163.07, 4501.01, 4501.03, 4501.044, 4501.06, 4501.21, 4501.34,	9279
4503.04, 4503.042, 4503.07, 4503.10, 4503.103, 4503.182,	9280
4503.26, 4503.65, 4505.032, 4505.09, 4505.14, 4506.07, 4506.08,	9281
4506.11, 4507.05, 4507.06, 4507.071, 4507.13, 4507.23, 4507.24,	9282
4507.51, 4507.52, 4509.05, 4511.01, 4511.093, 4511.181, 4511.191,	9283
4511.213, 4513.03, 4513.263, 4519.02, 4519.03, 4519.04, 4519.08,	9284
4519.09, 4519.10, 4519.44, 4519.47, 4519.59, 4519.63, 4561.17,	9285
4561.18, 4561.21, 4981.02, 5501.03, 5501.311, 5501.34, 5502.03,	9286
5502.39, 5502.67, 5502.68, 5515.01, 5515.07, 5517.011, 5525.01,	9287
5525.15, 5531.09, 5537.07, 5537.99, 5735.06, and 5735.141 of the	9288
Revised Code are hereby repealed.	9289

Section 105.01. That sections 955.202 and 5902.09 of the	9290
Revised Code are hereby repealed.	9291

Section 105.05. Section 121.53 of the Revised Code is hereby	9292
repealed, effective September 30, 2013.	9293

Section 201.10. Except as otherwise provided, all	9294
appropriation items in this act are hereby appropriated out of any	9295
moneys in the state treasury to the credit of the designated fund	9296
that are not otherwise appropriated. For all appropriations made	9297
in this act, the amounts in the first column are for fiscal year	9298
2010 and the amounts in the second column are for fiscal year	9299
2011.	9300

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

9301

FUND

TITLE

FY 2010

FY 2011

9302

Highway Operating Fund Group	9303

2120	772426	Highway Infrastructure Bank - Federal	$	4,018,649	$	4,018,649	9304
2120	772427	Highway Infrastructure Bank - State	$	10,209,272	$	10,209,272	9305
2120	772429	Highway Infrastructure Bank - Local	$	11,499,999	$	11,499,999	9306
2120	772430	Infrastructure Debt Reserve Title 23-49	$	1,500,000	$	1,500,000	9307
2120	775408	Transit Infrastructure Bank - Local	$	812,685	$	812,685	9308
2120	775455	Title 49 Infrastructure - Bank - State	$	312,795	$	312,795	9309
2130	772431	Roadway Infrastructure Bank - State	$	1,000,000	$	1,000,000	9310
2130	772432	Roadway Infrastructure Bank - Local	$	6,000,000	$	6,000,000	9311
2130	772433	Infrastructure Debt Reserve - State	$	2,000,000	$	2,000,000	9312
2130	775457	Transit Infrastructure Bank - State	$	312,082	$	312,082	9313
2130	775460	Transit Infrastructure Bank - Local	$	1,000,000	$	1,000,000	9314
2130	777477	Aviation Infrastructure Bank - State	$	3,500,000	$	3,500,000	9315
2130	777478	Aviation Infrastructure Bank - Local	$	6,000,000	$	6,000,000	9316
2160	772439	New Generation Highway Loan	$	50,000,000	$	0	9317
2160	772440	New Generation Highway Bond	$	50,000,000	$	0	9318
2180	775461	New Generation Multi Modal Loan	$	120,000,000	$	0	9319
2180	775462	New Generation Multi Modal Bond	$	120,000,000	$	0	9320
7002	770003	Administration - State - Debt Service	$	3,415,700	$	1,821,000	9321
7002	771411	Planning and Research - State	$	21,044,516	$	21,463,169	9322
7002	771412	Planning and Research - Federal	$	23,970,770	$	24,214,310	9323
7002	772421	Highway Construction - State	$	542,801,332	$	517,419,558	9324
7002	772422	Highway Construction - Federal	$	1,091,378,700	$	1,065,737,629	9325
7002	772424	Highway Construction - Other	$	121,377,011	$	109,694,836	9326
7002	772437	GARVEE Debt Service - State	$	21,778,200	$	27,547,900	9327
7002	772438	GARVEE Debt Service - Federal	$	131,814,700	$	136,513,200	9328
7002	773431	Highway Maintenance - State	$	405,633,542	$	425,329,858	9329
7002	775452	Public Transportation - Federal	$	27,060,785	$	27,060,785	9330
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	9331
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	9332
7002	776462	Grade Crossings - Federal	$	15,000,000	$	15,000,000	9333
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	9334
7002	777475	Aviation Administration	$	4,945,697	$	5,186,959	9335
7002	779491	Administration - State	$	131,087,437	$	134,889,042	9336
TOTAL HOF Highway Operating							9337
Fund Group			$	2,936,108,872	$	2,566,678,728	9338

State Special Revenue Fund Group	9339

4N40	776663	Panhandle Lease Reserve Payments	$	762,600	$	764,300	9340
4N40	776664	Rail Transportation - Other	$	2,111,500	$	2,111,500	9341
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	9342
TOTAL SSR State Special Revenue							9343
Fund Group			$	3,494,100	$	3,495,800	9344

Intrastructure Bank Obligations Fund Group	9345

7045	772428	Highway Infrastructure Bank - Bonds	$	71,000,000	$	65,000,000	9346
TOTAL 045 Infrastructure Bank							9347
Obligations Fund Group			$	71,000,000	$	65,000,000	9348

Highway Capital Improvement Fund Group	9349

7042	772723	Highway Construction - Bonds	$	194,000,000	$	163,000,000	9350
TOTAL 042 Highway Capital							9351
Improvement Fund Group			$	194,000,000	$	163,000,000	9352
TOTAL ALL BUDGET FUND GROUPS			$	3,204,602,972	$	2,798,174,528	9353

Section 203.11. PUBLIC ACCESS ROADS FOR DNR FACILITIES

9355

Of the foregoing appropriation item 772421, Highway	9356
Construction – State, $5,000,000 shall be used in each fiscal	9357
year for the construction, reconstruction, or maintenance of	9358
public access roads, including support features, to and within	9359
state facilities owned or operated by the Department of Natural	9360
Resources.	9361

Section 203.12. PUBLIC ACCESS ROADS FOR PARKS AND EXPOSITIONS	9362
COMMISSION FACILITIES	9363

Notwithstanding section 5511.06 of the Revised Code, of the	9364
foregoing appropriation item 772421, Highway Construction –	9365
State, $2,228,000 in each fiscal year shall be used for the	9366
construction, reconstruction, or maintenance of park drives or	9367
park roads within the boundaries of metropolitan parks.	9368

The Department of Transportation may use the foregoing	9369
appropriation item 772421, Highway Construction – State, to	9370
perform related road work on behalf of the Ohio Expositions	9371
Commission at the state fairgrounds, including reconstruction or	9372
maintenance of public access roads and support features to and	9373
within fairground facilities, as requested by the Commission and	9374
approved by the Director of Transportation.	9375

Section 203.13. DIRECT INVESTMENT IN PUBLIC TRANSIT

9376

Of the foregoing appropriation item 772422, Highway	9377
Construction – Federal, $7,500,000 shall be used in each fiscal	9378
year to provide grants to local transit authorities to purchase or	9379
improve public transit vehicles. To provide for a cleaner	9380
environment, new transit vehicles purchased and improvements made	9381
to a local transit authority's existing fleet of vehicles with	9382
funds provided under this section must foster the goals of	9383
increasing fuel efficiency, reducing emissions, and using	9384
alternative fuels, as appropriate.	9385

Section 203.16. DIESEL EMISSIONS REDUCTION PILOT PROJECT

9386

Of the foregoing appropriation item 772422, Highway	9387
Construction – Federal, $600,000 shall be used in fiscal year 2010	9388
for a truck stop electrification pilot project to reduce diesel	9389
emissions from commercial vehicles.	9390

Section 203.20. ISSUANCE OF BONDS

9391

The Treasurer of State, upon the request of the Director of	9392
Transportation, is authorized to issue and sell, in accordance	9393
with Section 2m of Article VIII, Ohio Constitution, and Chapter	9394
151. and particularly sections 151.01 and 151.06 of the Revised	9395
Code, obligations, including bonds and notes, in the aggregate	9396
amount of $352,000,000 in addition to the original issuance of	9397
obligations authorized by prior acts of the General Assembly.	9398

The obligations shall be dated, issued, and sold from time to	9399
time in amounts necessary to provide sufficient moneys to the	9400
credit of the Highway Capital Improvement Fund (Fund 7042) created	9401
by section 5528.53 of the Revised Code to pay costs charged to the	9402
fund when due as estimated by the Director of Transportation,	9403
provided, however, that such obligations shall be issued and sold	9404
at such time or times so that not more than $220,000,000 original	9405
principal amount of obligations, plus the principal amount of	9406
obligations that in prior fiscal years could have been, but were	9407
not, issued within the $220,000,000 limit, may be issued in any	9408
fiscal year, and not more than $1,200,000,000 original principal	9409
amount of such obligations are outstanding at any one time.	9410

Section 203.30. TRANSFER OF HIGHWAY OPERATING FUND (FUND	9411
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY	9412
CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL, AVIATION, AND	9413
ADMINISTRATION	9414

The Director of Budget and Management may approve requests	9415
from the Director of Transportation for transfer of Highway	9416
Operating Fund (Fund 7002) appropriations for highway planning and	9417
research (appropriation items 771411 and 771412), highway	9418
construction (appropriation items 772421, 772422, 772424, 772437,	9419
and 772438), highway maintenance (appropriation item 773431),	9420
rail grade crossings (appropriation item 776462), aviation	9421
(appropriation item 777475), and administration (appropriation	9422
item 779491). The Director of Budget and Management may not make	9423
transfers out of debt service appropriation items unless the	9424
Director determines that the appropriated amounts exceed the	9425
actual and projected debt service requirements. Transfers of	9426
appropriations may be made upon the written request of the	9427
Director of Transportation and with the approval of the Director	9428
of Budget and Management. The transfers shall be reported to the	9429
Controlling Board at the next regularly scheduled meeting of the	9430
board.	9431

This transfer authority is intended to provide for emergency	9432
situations and flexibility to meet unforeseen conditions that	9433
could arise during the budget period. It also is intended to allow	9434
the department to optimize the use of available resources and	9435
adjust to circumstances affecting the obligation and expenditure	9436
of federal funds.	9437

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL AND	9438
LOCAL TRANSIT	9439

The Director of Budget and Management may approve written	9440
requests from the Director of Transportation for the transfer of	9441
appropriations between appropriation items 772422, Highway	9442
Construction - Federal, 775452, Public Transportation - Federal,	9443
775454, Public Transportation - Other, and 775459, Elderly and	9444
Disabled Special Equipment, based upon transit capital projects	9445
meeting Federal Highway Administration and Federal Transit	9446
Administration funding guidelines. The transfers shall be reported	9447
to the Controlling Board at its next regularly scheduled meeting.	9448

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	9449
BANK	9450

The Director of Budget and Management may approve requests	9451
from the Director of Transportation for transfer of appropriations	9452
and cash of the Infrastructure Bank funds created in section	9453
5531.09 of the Revised Code, including transfers between fiscal	9454
years 2010 and 2011. The transfers shall be reported to the	9455
Controlling Board at its next regularly scheduled meeting.	9456

The Director of Budget and Management may approve requests	9457
from the Director of Transportation for transfer of appropriations	9458
and cash from the Highway Operating Fund (Fund 7002) to the	9459
Infrastructure Bank funds created in section 5531.09 of the	9460
Revised Code. The Director of Budget and Management may transfer	9461
from the Infrastructure Bank funds to the Highway Operating Fund	9462
up to the amounts originally transferred to the Infrastructure	9463
Bank funds under this section. However, the Director may not make	9464
transfers between modes or transfers between different funding	9465
sources. The transfers shall be reported to the Controlling Board	9466
at its next regularly scheduled meeting.	9467

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

9468

The Director of Budget and Management may approve requests	9469
from the Director of Transportation for transfer of appropriations	9470
and cash of the Ohio Tolling Fund and any sub-accounts created in	9471
section 5531.14 of the Revised Code, including transfers between	9472
fiscal years 2010 and 2011. The transfers shall be reported to the	9473
Controlling Board at its next regularly scheduled meeting.	9474

INCREASING APPROPRIATIONS: STATE FUNDS

9475

In the event that receipts or unexpended balances credited to	9476
the Highway Operating Fund (Fund 7002) exceed the estimates upon	9477
which the appropriations have been made in this act, upon the	9478
request of the Director of Transportation, the Controlling Board	9479
may increase those appropriations in the manner prescribed in	9480
section 131.35 of the Revised Code.	9481

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

9482

In the event that receipts or unexpended balances credited to	9483
the Highway Operating Fund (Fund 7002) or apportionments or	9484
allocations made available from the federal and local government	9485
exceed the estimates upon which the appropriations have been made	9486
in this act, upon the request of the Director of Transportation,	9487
the Controlling Board may increase those appropriations in the	9488
manner prescribed in section 131.35 of the Revised Code.	9489

REAPPROPRIATIONS

9490

Upon approval of the Director of Budget and Management, all	9491
appropriations of the Highway Operating Fund (Fund 7002), the	9492
Highway Capital Improvement Fund (Fund 7042), and the	9493
Infrastructure Bank funds created in section 5531.09 of the	9494
Revised Code remaining unencumbered on June 30, 2009, are hereby	9495
reappropriated for the same purpose in fiscal year 2010.	9496

Upon approval of the Director of Budget and Management, all	9497
appropriations of the Highway Operating Fund (Fund 7002), the	9498
Highway Capital Improvement Fund (Fund 7042), and the	9499
Infrastructure Bank funds created in section 5531.09 of the	9500
Revised Code remaining unencumbered on June 30, 2010, are hereby	9501
reappropriated for the same purpose in fiscal year 2011.	9502

Any balances of prior years' appropriations to the Highway	9503
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	9504
(Fund 7042), and the Infrastructure Bank funds created in section	9505
5531.09 of the Revised Code that are unencumbered on June 30,	9506
2009, subject to the availability of revenue as determined by the	9507
Director of Transportation, are hereby reappropriated for the same	9508
purpose in fiscal year 2010 upon the request of the Director of	9509
Transportation and with the approval of the Director of Budget and	9510
Management. The reappropriations shall be reported to the	9511
Controlling Board.	9512

Any balances of prior years' appropriations to the Highway	9513
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	9514
(Fund 7042), and the Infrastructure Bank funds created in section	9515
5531.09 of the Revised Code that are unencumbered on June 30,	9516
2010, subject to the availability of revenue as determined by the	9517
Director of Transportation, are hereby reappropriated for the same	9518
purpose in fiscal year 2011 upon the request of the Director of	9519
Transportation and with the approval of the Director of Budget and	9520
Management. The reappropriations shall be reported to the	9521
Controlling Board.	9522

LIQUIDATION OF UNFORESEEN LIABILITIES

9523

Any appropriation made from the Highway Operating Fund (Fund	9524
7002) not otherwise restricted by law is available to liquidate	9525
unforeseen liabilities arising from contractual agreements of	9526
prior years when the prior year encumbrance is insufficient.	9527

Section 203.40. MAINTENANCE INTERSTATE HIGHWAYS

9528

The Director of Transportation may remove snow and ice and	9529
maintain, repair, improve, or provide lighting upon interstate	9530
highways that are located within the boundaries of municipal	9531
corporations, adequate to meet the requirements of federal law.	9532
When agreed in writing by the Director of Transportation and the	9533
legislative authority of a municipal corporation and	9534
notwithstanding sections 125.01 and 125.11 of the Revised Code,	9535
the Department of Transportation may reimburse a municipal	9536
corporation for all or any part of the costs, as provided by such	9537
agreement, incurred by the municipal corporation in maintaining,	9538
repairing, lighting, and removing snow and ice from the interstate	9539
system.	9540

Section 203.50. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

9541

The Director of Transportation may use revenues from the	9542
state motor vehicle fuel tax to match approved federal grants	9543
awarded to the Department of Transportation, regional transit	9544
authorities, or eligible public transportation systems, for public	9545
transportation highway purposes, or to support local or state	9546
funded projects for public transportation highway purposes. Public	9547
transportation highway purposes include: the construction or	9548
repair of high-occupancy vehicle traffic lanes, the acquisition or	9549
construction of park-and-ride facilities, the acquisition or	9550
construction of public transportation vehicle loops, the	9551
construction or repair of bridges used by public transportation	9552
vehicles or that are the responsibility of a regional transit	9553
authority or other public transportation system, or other similar	9554
construction that is designated as an eligible public	9555
transportation highway purpose. Motor vehicle fuel tax revenues	9556
may not be used for operating assistance or for the purchase of	9557
vehicles, equipment, or maintenance facilities.	9558

Section 203.60. RENTAL PAYMENTS - OBA

9559

The foregoing appropriation item 770003, Administration -	9560
State - Debt Service, shall be used to pay rent to the Ohio	9561
Building Authority for the period July 1, 2009, to June 30, 2011,	9562
under the primary leases and agreements for various transportation	9563
related capital facilities financed by obligations issued under	9564
Chapter 152. of the Revised Code. The rental payments shall be	9565
made from revenues received from the motor vehicle fuel tax. The	9566
amounts of any bonds and notes to finance such capital facilities	9567
shall be at the request of the Director of Transportation.	9568
Notwithstanding section 152.24 of the Revised Code, the Ohio	9569
Building Authority may, with approval of the Office of Budget and	9570
Management, lease capital facilities to the Department of	9571
Transportation.	9572

The Director of Transportation shall hold title to any land	9573
purchased and any resulting structures that are attributable to	9574
appropriation item 770003. Notwithstanding section 152.18 of the	9575
Revised Code, the Director of Transportation shall administer any	9576
purchase of land and any contract for construction,	9577
reconstruction, and rehabilitation of facilities as a result of	9578
this appropriation.	9579

Should the appropriation and any reappropriations from prior	9580
years in appropriation item 770003 exceed the rental payments for	9581
fiscal year 2010 or 2011, then prior to June 30, 2011, the balance	9582
may be transferred to appropriation item 772421, Highway	9583
Construction - State, 773431, Highway Maintenance - State, or	9584
779491, Administration - State, upon the written request of the	9585
Director of Transportation and with the approval of the Director	9586
of Budget and Management. The transfer shall be reported to the	9587
Controlling Board at its next regularly scheduled meeting.	9588

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

9589

State Highway Safety Fund Group	9590

4W40	762321	Operating Expense - BMV	$	85,145,103	$	89,005,103	9591
4W40	762410	Registrations Supplement	$	31,753,145	$	32,480,610	9592
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	9593
7036	761321	Operating Expense - Information and Education	$	8,819,954	$	8,828,661	9594
7036	761401	Lease Rental Payments	$	13,337,000	$	11,836,200	9595
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	9596
7036	764321	Operating Expense - Highway Patrol	$	269,887,828	$	269,975,259	9597
7036	764605	Motor Carrier Enforcement Expenses	$	3,340,468	$	3,340,468	9598
8300	761603	Salvage and Exchange - Administration	$	20,800	$	21,632	9599
8310	761610	Information and Education - Federal	$	468,982	$	468,982	9600
8310	764610	Patrol - Federal	$	2,455,484	$	2,455,484	9601
8310	764659	Transportation Enforcement - Federal	$	6,132,592	$	6,132,592	9602
8310	765610	EMS - Federal	$	582,007	$	582,007	9603
8310	767610	Liquor Enforcement - Federal	$	514,184	$	514,184	9604
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,032,135	$	1,032,135	9605
8310	769631	Homeland Security - Federal	$	2,100,000	$	2,184,000	9606
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	9607
8350	762616	Financial Responsibility Compliance	$	6,063,600	$	6,063,600	9608
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	9609
8380	764606	Patrol Reimbursement	$	100,000	$	100,000	9610
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	9611
83F0	764657	Law Enforcement Automated Data System	$	10,984,978	$	9,053,266	9612
83G0	764633	OMVI Enforcement/Education	$	650,000	$	650,000	9613
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	9614
83M0	765624	Operating Expense - Trauma and EMS	$	2,915,113	$	2,924,562	9615
83N0	761611	Elementary School Seat Belt Program	$	390,000	$	405,600	9616
83P0	765637	EMS Grants	$	4,562,912	$	4,562,912	9617
83R0	762639	Local Immobilization Reimbursement	$	750,000	$	750,000	9618
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	9619
8400	764607	State Fair Security	$	1,396,283	$	1,396,283	9620
8400	764617	Security and Investigations	$	6,317,530	$	6,432,686	9621
8400	764626	State Fairgrounds Police Force	$	830,769	$	849,883	9622
8400	769632	Homeland Security - Operating	$	1,552,049	$	1,614,131	9623
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	9624
8440	761613	Seat Belt Education Program	$	400,000	$	400,000	9625
8460	761625	Motorcycle Safety Education	$	3,324,987	$	3,538,903	9626
8490	762627	Automated Title Processing Board	$	19,240,839	$	19,240,839	9627
TOTAL HSF State Highway Safety Fund Group			$	520,633,559	$	522,404,799	9628

General Services Fund Group	9629

4P60	768601	Justice Program Services	$	1,070,962	$	1,109,004	9630
4S30	766661	Hilltop Utility Reimbursement	$	520,000	$	540,800	9631
5ET0	768625	Drug Law Enforcement	$	4,200,000	$	4,200,000	9632
5Y10	764695	Highway Patrol Continuing Professional Training	$	280,820	$	280,820	9633
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	9634
TOTAL GSF General Services Fund Group			$	6,086,782	$	6,145,624	9635

Federal Special Revenue Fund Group	9636

3290	763645	Federal Mitigation Program	$	10,801,636	$	11,233,702	9637
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	9638
3390	763647	Emergency Management Assistance and Training	$	84,031,935	$	84,072,023	9639
3AY0	768606	Federal Justice Grants	$	1,020,000	$	745,000	9640
3CB0	768691	Federal Justice Grants - FFY06	$	920,000	$	795,000	9641
3CC0	768609	Justice Assistance Grants - FFY07	$	1,450,000	$	1,215,000	9642
3L50	768604	Justice Program	$	15,856,300	$	12,256,300	9643
3N50	763644	U.S. Department of Energy Agreement	$	31,358	$	31,672	9644
XXXX	768XXX	Justice Assistance Grants	$	36,146,492	$	1,902,447	9645
TOTAL FED Federal Special Revenue Fund Group			$	177,965,357	$	139,958,780	9646

State Special Revenue Fund Group	9647

4V30	763662	EMA Service and Reimbursement	$	4,474,751	$	4,653,743	9648
5390	762614	Motor Vehicle Dealers Board	$	200,000	$	200,000	9649
5B90	766632	Private Investigator and Security Guard Provider	$	1,341,478	$	1,395,137	9650
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	9651
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	9652
5CM0	767691	Federal Investigative Seizure	$	642,175	$	642,175	9653
5DS0	769630	Homeland Security	$	517,350	$	538,044	9654
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	1,600,000	$	2,750,000	9655
5FL0	769634	Investigations	$	1,172,080	$	1,195,522	9656
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	9657
6570	763652	Utility Radiological Safety	$	1,413,889	$	1,415,945	9658
6810	763653	SARA Title III HAZMAT Planning	$	254,794	$	262,438	9659
8500	767628	Investigative Unit Salvage	$	100,000	$	100,000	9660
TOTAL SSR State Special Revenue Fund Group			$	13,241,517	$	14,678,004	9661

Liquor Control Fund Group	9662

7043	767321		Liquor Enforcement - Operating		$	12,007,894		$	11,897,178		9663
TOTAL LCF Liquor Control Fund Group					$	12,007,894		$	11,897,178		9664

Agency Fund Group	9665

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		9666
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		9667

Holding Account Redistribution Fund Group	9668

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	9669
R052	762623	Security Deposits	$	350,000	$	350,000	9670
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	9671
TOTAL ALL BUDGET FUND GROUPS			$	733,670,109	$	698,819,385	9672

MOTOR VEHICLE REGISTRATION

9673

The Registrar of Motor Vehicles may deposit revenues to meet	9674
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	9675
4W40) established in section 4501.25 of the Revised Code, obtained	9676
under sections 4503.02 and 4504.02 of the Revised Code, less all	9677
other available cash. Revenue deposited pursuant to this paragraph	9678
shall support, in part, appropriations for operating expenses and	9679
defray the cost of manufacturing and distributing license plates	9680
and license plate stickers and enforcing the law relative to the	9681
operation and registration of motor vehicles. Notwithstanding	9682
section 4501.03 of the Revised Code, the revenues shall be paid	9683
into Fund 4W40 before any revenues obtained pursuant to sections	9684
4503.02 and 4504.02 of the Revised Code are paid into any other	9685
fund. The deposit of revenues to meet the aforementioned cash	9686
needs shall be in approximately equal amounts on a monthly basis	9687
or as otherwise determined by the Director of Budget and	9688
Management pursuant to a plan submitted by the Registrar of Motor	9689
Vehicles.	9690

CASH TRANSFERS FROM THE STATE BUREAU OF MOTOR VEHICLES FUND

9691

Notwithstanding any provision of law to the contrary, on July	9692
1, 2009, or as soon as possible thereafter, the Director of Budget	9693
and Management may transfer, from the Bureau of Motor Vehicles	9694
Fund (Fund 4W40), cash in the amounts of up to $635,293 to the	9695
Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the	9696
EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060	9697
to the Investigations Fund (Fund 5FL0).	9698

CAPITAL PROJECTS

9699

The Registrar of Motor Vehicles may transfer cash from the	9700
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	9701
Highway Safety Fund (Fund 7036) to meet its obligations for	9702
capital projects CIR-047, Department of Public Safety Office	9703
Building and CIR-049, Warehouse Facility.	9704

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

9705

The foregoing appropriation item 761401, Lease Rental	9706
Payments, shall be used for payments to the Ohio Building	9707
Authority for the period July 1, 2009, to June 30, 2011, under the	9708
primary leases and agreements for public safety related buildings	9709
financed by obligations issued under Chapter 152. of the Revised	9710
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	9711
Building Authority may, with approval of the Director of Budget	9712
and Management, lease capital facilities to the Department of	9713
Public Safety.	9714

HILLTOP TRANSFER

9715

The Director of Public Safety shall determine, per an	9716
agreement with the Director of Transportation, the share of each	9717
debt service payment made out of appropriation item 761401, Lease	9718
Rental Payments, that relates to the Department of	9719
Transportation's portion of the Hilltop Building Project, and	9720
shall certify to the Director of Budget and Management the amounts	9721
of this share. The Director of Budget and Management shall	9722
transfer the amounts of such shares from the Highway Operating	9723
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	9724

CASH TRANSFERS OF SEAT BELT FINE REVENUES

9725

Notwithstanding any provision of law to the contrary, the	9726
Controlling Board, upon request of the Director of Public Safety,	9727
may approve the transfer of cash between the following four funds	9728
that receive fine revenues from enforcement of the mandatory seat	9729
belt law: the Trauma and Emergency Medical Services Fund (Fund	9730
83M0), the Elementary School Program Fund (Fund 83N0), the Trauma	9731
and Emergency Medical Services Grants Fund (Fund 83P0), and the	9732
Seat Belt Education Fund (Fund 8440).	9733

STATE DISASTER RELIEF

9734

The State Disaster Relief Fund (Fund 5330) may accept	9735
transfers of cash and appropriations from Controlling Board	9736
appropriation items for Ohio Emergency Management Agency disaster	9737
response costs and disaster program management costs, and may	9738
also be used for the following purposes:	9739

(A) To accept transfers of cash and appropriations from	9740
Controlling Board appropriation items for Ohio Emergency	9741
Management Agency public assistance and mitigation program match	9742
costs to reimburse eligible local governments and private	9743
nonprofit organizations for costs related to disasters;	9744

(B) To accept and transfer cash to reimburse the costs	9745
associated with Emergency Management Assistance Compact (EMAC)	9746
deployments;	9747

(C) To accept disaster related reimbursement from federal,	9748
state, and local governments. The Director of Budget and	9749
Management may transfer cash from reimbursements received by this	9750
fund to other funds of the state from which transfers were	9751
originally approved by the Controlling Board.	9752

(D) To accept transfers of cash and appropriations from	9753
Controlling Board appropriation items to fund the State Disaster	9754
Relief Program, for disasters that have been declared by the	9755
Governor, and the State Individual Assistance Program for	9756
disasters that have been declared by the Governor and the federal	9757
Small Business Administration. The Ohio Emergency Management	9758
Agency shall publish and make available application packets	9759
outlining procedures for the State Disaster Relief Program and the	9760
State Individual Assistance Program.	9761

JUSTICE ASSISTANCE GRANT FUND

9762

The federal payments made to the state for the Byrne Justice	9763
Assistance Grants Program under Title II of Division A of the	9764
American Recovery and Reinvestment Act of 2009 shall be deposited	9765
to the credit of the Justice Assistance Grant Fund (Fund XXXX),	9766
which is hereby created in the state treasury. All investment	9767
earnings of the fund shall be credited to the fund.	9768

JUSTICE ASSISTANCE GRANTS

9769

The foregoing appropriation item 768XXX, Justice Assistance	9770
Grants, shall be used to support activities to prevent and control	9771
crime and to improve the criminal justice system.	9772

FAMILY VIOLENCE PREVENTION FUND

9773

Notwithstanding any provision of law to the contrary, in	9774
each of fiscal years 2010 and 2011, the first $750,000 received	9775
to the credit of the Family Violence Prevention Fund (Fund 5BK0)	9776
in each of those fiscal years shall be appropriated to	9777
appropriation item 768689, Family Violence Shelter Programs, and	9778
the next $400,000 received to the credit of Fund 5BK0 in each of	9779
those fiscal years shall be appropriated to appropriation item	9780
768687, Criminal Justice Services - Operating. Any moneys	9781
received to the credit of Fund 5BK0 in excess of the	9782
aforementioned appropriated amounts in each fiscal year shall,	9783
upon the approval of the Controlling Board, be used to provide	9784
grants to family violence shelters in Ohio.	9785

SARA TITLE III HAZMAT PLANNING

9786

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	9787
entitled to receive grant funds from the Emergency Response	9788
Commission to implement the Emergency Management Agency's	9789
responsibilities under Chapter 3750. of the Revised Code.	9790

COLLECTIVE BARGAINING INCREASES

9791

Notwithstanding division (D) of section 127.14 and division	9792
(B) of section 131.35 of the Revised Code, except for the General	9793
Revenue Fund, the Controlling Board may, upon the request of	9794
either the Director of Budget and Management, or the Department of	9795
Public Safety with the approval of the Director of Budget and	9796
Management, increase appropriations for any fund, as necessary for	9797
the Department of Public Safety, to assist in paying the costs of	9798
increases in employee compensation that have occurred pursuant to	9799
collective bargaining agreements under Chapter 4117. of the	9800
Revised Code and, for exempt employees, under section 124.152 of	9801
the Revised Code.	9802

CASH BALANCE FUND REVIEW

9803

Not later than the first day of April in each fiscal year of	9804
the biennium, the Director of Budget and Management shall review	9805
the cash balances for each fund, except the State Highway Safety	9806
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	9807
4W40), in the State Highway Safety Fund Group, and shall	9808
recommend to the Controlling Board an amount to be transferred to	9809
the credit of Fund 7036 or Fund 4W40, as appropriate.	9810

Section 207.10. DEV DEPARTMENT OF DEVELOPMENT

9811

State Special Revenue Fund Group	9812

4W00	195629	Roadwork Development	$	18,699,900	$	18,699,900	9813
TOTAL SSR State Special Revenue							9814
Fund Group			$	18,699,900	$	18,699,900	9815
TOTAL ALL BUDGET FUND GROUPS			$	18,699,900	$	18,699,900	9816

ROADWORK DEVELOPMENT FUND

9817

The Roadwork Development Fund shall be used for road	9818
improvements associated with economic development opportunities	9819
that will retain or attract businesses for Ohio. "Road	9820
improvements" are improvements to public roadway facilities	9821
located on, or serving or capable of serving, a project site.	9822

The Department of Transportation, under the direction of the	9823
Department of Development, shall provide these funds in accordance	9824
with all guidelines and requirements established for Department of	9825
Development appropriation item 195412, Business Development,	9826
including Controlling Board review and approval as well as the	9827
requirements for usage of gas tax revenue prescribed in Section 5a	9828
of Article XII, Ohio Constitution. Should the Department of	9829
Development require the assistance of the Department of	9830
Transportation to bring a project to completion, the Department of	9831
Transportation shall use its authority under Title LV of the	9832
Revised Code to provide such assistance and may enter into	9833
contracts on behalf of the Department of Development. In addition,	9834
these funds may be used in conjunction with appropriation item	9835
195412, Business Development, or any other state funds	9836
appropriated for infrastructure improvements.	9837

The Director of Budget and Management, pursuant to a plan	9838
submitted by the Director of Development or as otherwise	9839
determined by the Director of Budget and Management, shall set a	9840
cash transfer schedule to meet the cash needs of the Department of	9841
Development's Roadwork Development Fund (Fund 4W00), less any	9842
other available cash. The Director shall transfer to the Roadwork	9843
Development Fund from the Highway Operating Fund (Fund 7002),	9844
established in section 5735.291 of the Revised Code, such amounts	9845
at such times as determined by the transfer schedule.	9846

TRANSPORTATION IMPROVEMENT DISTRICTS

9847

Notwithstanding section 5540.151 of the Revised Code and any	9848
other restrictions that apply to the distribution of Roadwork	9849
Development Grants, of the foregoing appropriation item 195629,	9850
Roadwork Development, $250,000 in each fiscal year shall be	9851
distributed by the Director of Development to each of the	9852
Transportation Improvement Districts in Belmont, Butler, Clermont,	9853
Hamilton, Lorain, Medina, Montgomery, Muskingum, and Stark	9854
counties, and to the Rossford Transportation Improvement District	9855
in Wood County.	9856

Section 209.10. PWC PUBLIC WORKS COMMISSION

9857

Local Transportation Improvements Fund Group	9858

7052	150402	Local Transportation Improvement Program - Operating	$	299,001	$	306,178	9859
7052	150701	Local Transportation Improvement Program	$	67,317,000	$	67,400,000	9860
TOTAL 052 Local Transportation							9861
Improvements Fund Group			$	67,616,001	$	67,706,178	9862

Local Infrastructure Improvements Fund Group	9863

7038	150321	State Capital Improvements Program - Operating Expenses	$	897,383	$	918,912	9864
TOTAL LIF Local Infrastructure							9865
Improvements Fund Group			$	897,383	$	918,912	9866
TOTAL ALL BUDGET FUND GROUPS			$	68,513,384	$	68,625,090	9867

DISTRICT ADMINISTRATION COSTS

9868

The Director of the Public Works Commission is authorized to	9869
create a District Administration Costs Program from interest	9870
earnings of the Capital Improvements Fund and Local Transportation	9871
Improvement Program Fund proceeds. The program shall be used to	9872
provide for the direct costs of district administration of the	9873
nineteen public works districts. Districts choosing to participate	9874
in the program shall only expend State Capital Improvements Fund	9875
moneys for State Capital Improvements Fund costs and Local	9876
Transportation Improvement Program Fund moneys for Local	9877
Transportation Improvement Program Fund costs. The account shall	9878
not exceed $1,235,000 per fiscal year. Each public works district	9879
may be eligible for up to $65,000 per fiscal year from its	9880
district allocation as provided in sections 164.08 and 164.14 of	9881
the Revised Code.	9882

The Director, by rule, shall define allowable and	9883
nonallowable costs for the purpose of the District Administration	9884
Costs Program. Nonallowable costs include indirect costs, elected	9885
official salaries and benefits, and project-specific costs. No	9886
district public works committee may participate in the District	9887
Administration Costs Program without the approval of those costs	9888
by the district public works committee under section 164.04 of the	9889
Revised Code.	9890

REAPPROPRIATIONS

9891

All capital appropriations from the Local Transportation	9892
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 67 of the	9893
127th General Assembly remaining unencumbered as of June 30, 2009,	9894
are reappropriated for use during the period July 1, 2009, through	9895
June 30, 2010, for the same purpose.	9896

Notwithstanding division (B) of section 127.14 of the Revised	9897
Code, all capital appropriations and reappropriations from the	9898
Local Transportation Improvement Program Fund (Fund 7052) in this	9899
act remaining unencumbered as of June 30, 2010, are	9900
reappropriated for use during the period July 1, 2010, through	9901
June 30, 2011, for the same purposes, subject to the availability	9902
of revenue as determined by the Director of the Public Works	9903
Commission.	9904

Section 301.10. For all appropriations made in Sections	9905
303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 315.10, 317.10,	9906
319.10, 321.10, and 325.10 of this act, those in the first column	9907
are for fiscal year 2008 and those in the second column are for	9908
fiscal year 2009. The appropriations made in these sections are in	9909
addition to any other appropriations made for fiscal years 2008	9910
and 2009.	9911

Section 303.10. (A) The federal payments made to the state	9912
for the nutrition program under Title VIII of Division A of the	9913
American Recovery and Reinvestment Act of 2009 shall be deposited	9914
to the credit of the Federal Supportive Services Fund (Fund	9915
3M40).	9916

(B) The federal payments made to the state for the senior	9917
community service employment program under Title VIII of Division	9918
A of the American Recovery and Reinvestment Act of 2009 shall be	9919
deposited to the credit of the Federal Aging Grants Fund (Fund	9920
3220).	9921

(C) The items in this section are appropriated as designated	9922
out of any moneys in the state treasury to the credit of their	9923
respective funds that are not otherwise appropriated.	9924

Appropriations

AGE DEPARTMENT OF AGING	9925

Federal Special Revenue Fund Group	9926

3220	490618	Federal Aging Grants	$	$	5,278,000	9927
3M40	490612	Federal Supportive Services	$	$	2,991,000	9928
TOTAL FED Federal Special Revenue Fund Group			$	$	8,269,000	9929
TOTAL ALL BUDGET FUND GROUPS			$	$	8,269,000	9930

The foregoing appropriation items 490618, Federal Aging	9931
Grants, and 490612, Federal Supportive Services, shall be used in	9932
accordance with the requirements of the American Recovery and	9933
Reinvestment Act of 2009 that apply to the money appropriated.	9934

Section 305.10. (A) The federal payments made to the state	9935
for crime victims assistance grants under Title II of Division A	9936
of the American Recovery and Reinvestment Act of 2009 shall be	9937
deposited to the credit of the Crime Victims Assistance Fund (Fund	9938
3830).	9939

(B) The federal payments made to the state for crime victims	9940
compensation under Title II of Division A of the American Recovery	9941
and Reinvestment Act of 2009 shall be deposited to the credit of	9942
the Reparations Fund (Fund 4020).	9943

(C) The items in this section are appropriated as designated	9944
out of any moneys in the state treasury to the credit of their	9945
respective funds that are not otherwise appropriated.	9946

Appropriations

AGO ATTORNEY GENERAL	9947

Federal Special Revenue Fund Group	9948

3830	055634		Crime Victims Assistance		$	0		$	1,271,000		9949
TOTAL FED Federal Special Revenue Fund Group					$	0		$	1,271,000		9950

State Special Revenue Fund Group	9951

4020	055616	Victims of Crime	$	$	2,061,000	9952
TOTAL SSR State Special Revenue Fund Group			$	$	2,061,000	9953
TOTAL ALL BUDGET FUND GROUPS			$	$	3,332,000	9954

The foregoing appropriation items 055634, Crime Victims	9955
Assistance, and 055616, Victims of Crime, shall be used in	9956
accordance with the requirements of the American Recovery and	9957
Reinvestment Act of 2009 that apply to the money appropriated.	9958

Section 307.10. (A) The federal payments made to the state	9959
for the Leaking Underground Storage Tank Trust Fund under Title II	9960
of Division A of the American Recovery and Reinvestment Act of	9961
2009 shall be deposited to the credit of the Leaking Underground	9962
Storage Tank Fund (Fund 3480).	9963

(B) The item in this section is appropriated as designated	9964
out of any moneys in the state treasury to the credit of Fund 3480	9965
that are not otherwise appropriated.	9966

Appropriations

COM DEPARTMENT OF COMMERCE	9967

Federal Special Revenue Fund Group	9968

3480	800624	Leaking Underground Storage Tank	$	$	10,000,000	9969
TOTAL FED Federal Special Revenue Fund Group			$	$	10,000,000	9970
TOTAL ALL BUDGET FUND GROUPS			$	$	10,000,000	9971

The foregoing appropriation item 800624, Leaking Underground	9972
Storage Tank, shall be used in accordance with the requirements of	9973
the American Recovery and Reinvestment Act of 2009 that apply to	9974
the money appropriated.	9975

Section 309.10. (A) The federal payments made to the state	9976
for the Weatherization Assistance Program and the State Energy	9977
Grant Program under Title IV of Division A of the American	9978
Recovery and Reinvestment Act of 2009 shall be deposited to the	9979
credit of the Federal Special Revenue Fund (Fund 3080).	9980

(B) The federal payments made to the state for the Community	9981
Development Block Grant program under Title XII of Division A of	9982
the American Recovery and Reinvestment Act of 2009 shall be	9983
deposited to the credit of the Community Development Block Grant	9984
Fund (Fund 3K80).	9985

(C) The federal payments made to the state for community	9986
services block grants under Title XII of Division A of the	9987
American Recovery and Reinvestment Act of 2009 shall be deposited	9988
to the credit of the Community Services Block Grant Fund (Fund	9989
3L00).	9990

(D) The federal payments made to the state for the Home	9991
Investment Partnerships Program under Title XII of Division A of	9992
the American Recovery and Reinvestment Act of 2009 shall be	9993
deposited to the credit of the HOME Program Fund (Fund 3V10).	9994

(E) The federal payments made to the state for the Energy	9995
Star Rebate Program under the American Recovery and Reinvestment	9996
Act of 2009 shall be deposited to the credit of the Energy Star	9997
Rebate Program Fund (Fund XXXX), which is hereby created in the	9998
state treasury.	9999

(F) The federal payments made to the state for the Energy	10000
Efficiency and Conservation Block Grants Program under Title IV of	10001
Division A of the American Recovery and Reinvestment Act of 2009	10002
shall be deposited to the credit of the Energy Efficiency and	10003
Conservation Block Grants Fund (Fund XXXX), which is hereby	10004
created in the state treasury.	10005

(G) The items in this division are appropriated as designated	10006
out of any moneys in the state treasury to the credit of their	10007
respective funds that are not otherwise appropriated.	10008

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	10009

Federal Special Revenue Fund Group	10010

3080	195603	Housing and Urban Development	$	$	26,205,724	10011
3080	195605	Federal Projects	$	$	276,553,000	10012
3080	195618	Energy Federal Grants	$	$	122,604,000	10013
3K80	195613	Community Development Block Grant	$	$	12,957,527	10014
3L00	195612	Community Services Block Grant	$	$	38,979,000	10015
3V10	195601	HOME Program	$	$	83,484,547	10016
XXXX	195XXX	Federal Stimulus - Energy Star Rebate Program	$	$	11,000,000	10017
XXXX	195XXX	Federal Stimulus - Energy Efficiency and Conservation Block Grants		$	21,000,000	10018
TOTAL FED Federal Special Revenue Fund Group			$	$	592,783,798	10019
TOTAL ALL BUDGET FUND GROUPS			$	$	592,783,798	10020

The foregoing appropriation item 195605, Federal Projects,	10021
shall be used to carry out the Home Weatherization Assistance	10022
Program, subject to any requirements of the American Recovery and	10023
Reinvestment Act of 2009 that apply to the money appropriated.	10024

The foregoing appropriation items 195603, Housing and Urban	10025
Development, 195618, Energy Federal Grants, 195613, Community	10026
Development Block Grant, 195612, Community Services Block Grant,	10027
195601, HOME Program, 195XXX, Federal Stimulus - Energy Star	10028
Rebate Program, and 195XXX, Federal Stimulus - Energy Efficiency	10029
and Conservation Block Grants, shall be used in accordance with	10030
the requirements of the American Recovery and Reinvestment Act of	10031
2009 that apply to the money appropriated.	10032

Section 311.10. (A) The federal payments made to the state	10033
for the McKinney-Vento Homeless Assistance Act under Title VIII	10034
of Division A of the American Recovery and Reinvestment Act of	10035
2009 shall be deposited to the credit of the Consolidated Federal	10036
Grant Administration Fund (Fund 3Z30).	10037

(B) The federal payments made to the state for the national	10038
school lunch program under Title VIII of Division A of the	10039
American Recovery and Reinvestment Act of 2009 shall be deposited	10040
to the credit of the Federal Stimulus School Lunch Fund (Fund	10041
XXXX), which is hereby created in the state treasury.	10042

(C) The federal payments made to the state for the Head Start	10043
program under Title VIII of Division A of the American Recovery	10044
and Reinvestment Act of 2009 shall be deposited to the credit of	10045
the Federal Stimulus Head Start Fund (Fund XXXX), which is created	10046
in the state treasury.	10047

(D) The items in this section are appropriated as designated	10048
out of any moneys in the state treasury to the credit of their	10049
respective funds that are not otherwise appropriated.	10050

Appropriations

EDU DEPARTMENT OF EDUCATION	10051

Federal Special Revenue Fund Group	10052

3Z30	200645	Consolidated Federal Grant Administration	$	$	1,384,000	10053
XXXX	200XXX	Federal Stimulus - School Lunch	$	$	3,107,000	10054
XXXX	200XXX	Federal Stimulus - Head Start	$	$	27,338,000	10055
TOTAL FED Federal Special Revenue Fund Group			$	$	31,829,000	10056
TOTAL ALL BUDGET FUND GROUPS			$	$	31,829,000	10057

The foregoing appropriation item 200645, Consolidated Federal	10058
Grant Administration, 200XXX, Federal Stimulus - School Lunch, and	10059
200XXX, Federal Stimulus - Head Start shall be used in accordance	10060
with the requirements of the American Recovery and Reinvestment	10061
Act of 2009 that apply to the money appropriated.	10062

Section 313.10. (A) The federal payments made to the state	10063
for clean air under Title VII of Division A of the American	10064
Recovery and Reinvestment Act of 2009 shall be deposited to the	10065
credit of the Clean Air Fund (Fund 4K20).	10066

(B) The item in this section is appropriated as designated	10067
out of any moneys in the state treasury to the credit of Fund 4K20	10068
that are not otherwise appropriated.	10069

Appropriations

EPA ENVIRONMENTAL PROTECTION AGENCY	10070

State Special Revenue Fund Group	10071

4K20	715648	Clean Air Non-Title V	$	$	1,700,000	10072
TOTAL SSR State Special Revenue Fund Group			$	$	1,700,000	10073
TOTAL ALL BUDGET FUND GROUPS			$	$	1,700,000	10074

The foregoing appropriation item 715648, Clean Air Non-Title	10075
V, shall be used in accordance with the requirements of the	10076
American Recovery and Reinvestment Act of 2009 that apply to the	10077
money appropriated.	10078

Section 315.10. (A) The federal payments made to the state	10079
for the education technology program under Title VIII of Division	10080
A of the American Recovery and Reinvestment Act of 2009 shall be	10081
deposited to the credit of the Technology Literacy Challenge Fund	10082
(Fund 3S30).	10083

(B) The item in this section is appropriated as designated	10084
out of any moneys in the state treasury to the credit of Fund 3S30	10085
that are not otherwise appropriated.	10086

Appropriations

ETC ETECH OHIO	10087

Federal Special Revenue Fund Group	10088

3S30	935606	Enhancing Educational Technology	$	$	23,902,000	10089
TOTAL FED Federal Special Revenue Fund Group			$	$	23,902,000	10090
TOTAL ALL BUDGET FUND GROUPS			$	$	23,902,000	10091

The foregoing appropriation item 935606, Enhancing	10092
Educational Technology, shall be used in accordance with the	10093
requirements of the American Recovery and Reinvestment Act of 2009	10094
that apply to the money appropriated.	10095

Section 317.10. (A) The federal payments made to the state	10096
for the IDEA – Infants and Children Program under Title VIII of	10097
Division A of the American Recovery and Reinvestment Act of 2009	10098
shall be deposited to the credit of the Maternal Child Health	10099
Block Grant Fund (Fund 3200).	10100

(B) The federal payments made to the state for the	10101
Immunization Program under Title VIII of Division A of the	10102
American Recovery and Reinvestment Act of 2009 shall be deposited	10103
to the credit of the Preventive Health Block Grant Fund (Fund	10104
3870).	10105

(C) The federal payments made to the state for the Special	10106
Supplemental Nutrition Program under Title VIII of Division A of	10107
the American Recovery and Reinvestment Act of 2009 shall be	10108
deposited to the credit of the Women, Infants, and Children Fund	10109
(Fund 3890).	10110

(D) The items in this section are appropriated as designated	10111
out of any moneys in the state treasury to the credit of their	10112
respective funds that are not otherwise appropriated.	10113

Appropriations

DOH DEPARTMENT OF HEALTH	10114

Federal Special Revenue Fund Group	10115

3200	440601	Maternal Child Health Block Grant	$	$	14,410,000	10116
3870	440602	Preventive Health Block Grant	$	$	9,893,000	10117
3890	440604	Women, Infants, and Children	$	$	2,000,000	10118
TOTAL FED Federal Special Revenue Fund Group			$	$	26,303,000	10119
TOTAL ALL BUDGET FUND GROUPS			$	$	26,303,000	10120

The foregoing appropriation items 440601, Maternal Child	10121
Health Block Grant, 440602, Preventive Health Block Grant, and	10122
440604, Women, Infants, and Children, shall be used in accordance	10123
with the requirements of the American Recovery and Reinvestment	10124
Act of 2009 that apply to the money appropriated.	10125

Section 319.10. (A) The federal payments made to the state	10126
for the Supplemental Nutrition Assistance Program under Title VIII	10127
of Division A of the American Recovery and Reinvestment Act of	10128
2009 shall be deposited to the credit of the Food Stamps and State	10129
Administration Fund (Fund 3840).	10130

(B) The federal payments made to the state for the Commodity	10131
Assistance Program under Title VIII of Division A of the American	10132
Recovery and Reinvestment Act of 2009 shall be deposited to the	10133
credit of the Emergency Food Distribution Fund (Fund 3A20).	10134

(C) The federal payments made to the state for the Foster	10135
Care/Adoption Program under Title VIII of Division A of the	10136
American Recovery and Reinvestment Act of 2009 shall be deposited	10137
to the credit of the IV-E Foster Care Maintenance/Pass Through	10138
Fund (Fund 3N00).	10139

(D) The federal payments made to the state for the	10140
Unemployment Insurance Program under Title VIII of Division A of	10141
the American Recovery and Reinvestment Act of 2009 shall be	10142
deposited to the credit of the Unemployment Compensation Review	10143
Commission Fund (Fund 3V40).	10144

(E) The federal payments made to the state for the Medicaid	10145
disproportionate share hospitals under Title VIII of Division A	10146
of the American Recovery and Reinvestment Act of 2009 shall be	10147
deposited to the credit of the Medicaid Program Support Fund	10148
(Fund 5C90).	10149

(F) The items in this section are appropriated as designated	10150
out of any moneys in the state treasury to the credit of their	10151
respective funds that are not otherwise appropriated.	10152

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES	10153

General Services Fund Group	10154

5C90	600671		Medicaid Program Support		$	0		$	20,417,000		10155
TOTAL GSF General Services Fund Group					$	0		$	20,417,000		10156

Federal Special Revenue Fund Group	10157

3840	600610	Food Assistance and State Administration	$	$	11,200,000	10158
3A20	600641	Emergency Food Distribution	$	$	4,254,000	10159
3N00	600628	IV-E Foster Care Maintenance	$	$	40,327,000	10160
3V40	600678	Federal Unemployment Programs	$	$	25,545,000	10161
TOTAL FED Federal Special Revenue Fund Group			$	$	81,326,000	10162
TOTAL ALL BUDGET FUND GROUPS			$	$	101,743,000	10163

The foregoing appropriation items 600610, Food Assistance and	10164
State Administration, 600641, Emergency Food Distribution, 600628,	10165
IV-E Foster Care Maintenance, 600678, Federal Unemployment	10166
Programs, and 600671, Medicaid Program Support, shall be used in	10167
accordance with the requirements of the American Recovery and	10168
Reinvestment Act of 2009 that apply to the money appropriated.	10169

Section 321.10. (A) The federal payments made to the state	10170
for the Vocational Rehabilitation Program under Title VIII of	10171
Division A of the American Recovery and Reinvestment Act of 2009	10172
shall be deposited to the credit of the Consolidated Federal Fund	10173
(Fund 3790).	10174

(B) The federal payments made to the state for the	10175
Independent Living Program under Title VIII of Division A of the	10176
American Recovery and Reinvestment Act of 2009 shall be deposited	10177
to the credit of the Independent Living/Vocational Rehabilitation	10178
Fund (Fund 3L40).	10179

(C) The items in this section are appropriated as designated	10180
out of any moneys in the state treasury to the credit of their	10181
respective funds that are not otherwise appropriated.	10182

Appropriations

RSC REHABILITATION SERVICES COMMISSION	10183

Federal Special Revenue Fund Group	10184

3790	415616	Federal - Vocational Rehabilitation	$	$	21,590,000	10185
3L40	415612	Federal Independent Living Centers or Services	$	$	509,000	10186
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	$	1,392,958	10187
TOTAL FED Federal Special Revenue Fund Group			$	$	23,491,958	10188
TOTAL ALL BUDGET FUND GROUPS			$	$	23,491,958	10189

The foregoing appropriation items 415616, Federal –	10190
Vocational Rehabilitation, 415612, Federal Independent Living	10191
Centers or Services, and 415617, Independent Living/Vocational	10192
Rehabilitation Programs, shall be used in accordance with the	10193
requirements of the American Recovery and Reinvestment Act of 2009	10194
that apply to the money appropriated.	10195

Section 323.10. Expenditures from the appropriations made in	10196
Sections 303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 315.10,	10197
317.10, 319.10, 321.10, and 325.10 of this act shall be accounted	10198
for as though made in the relevant main operating appropriations	10199
act. The appropriations made in this division are subject to all	10200
provisions of the relevant main operating appropriations act that	10201
are generally applicable to the appropriations.	10202

Section 325.10. (A) The federal payments made to the state	10203
for highway infrastructure under Title XII of Division A of the	10204
American Recovery and Reinvestment Act of 2009 shall be deposited	10205
to the credit of the Highway Operating Fund (Fund 7002), which is	10206
created in section 5735.291 of the Revised Code.	10207

(B) The federal payments made to the state for transit	10208
agencies under Title XII of Division A of the American Recovery	10209
and Reinvestment Act of 2009 shall be deposited to the credit of	10210
the Highway Operating Fund (Fund 7002).	10211

(C) The items in this division are appropriated as designated	10212
out of any moneys in the state treasury to the credit of their	10213
respective funds that are not otherwise appropriated.	10214

Appropriations

DOT DEPARTMENT OF TRANSPORTATION	10215

Highway Operating Fund Group	10216

7002	772422	Highway Construction – Federal	$	$	935,677,000	10217
7002	77XXXX	Federal Stimulus - Transit	$	$	167,036,000	10218
TOTAL HOF Highway Operating Fund Group			$	$	1,102,713,000	10219
TOTAL ALL BUDGET FUND GROUPS			$	$	1,102,713,000	10220

TRANSFER OF APPROPRIATIONS

10221

The Director of Budget and Management may approve written	10222
requests from the Director of Transportation for the transfer of	10223
appropriations between appropriation items 771412, Planning and	10224
Research – Federal, 772422, Highway Construction - Federal,	10225
772424, Highway Construction – Other, 775452, Public	10226
Transportation - Federal, 776462, Grade Crossing - Federal, and	10227
777472, Airport Improvements - Federal, based upon the	10228
requirements of the American Recovery and Reinvestment Act of 2009	10229
that apply to the money appropriated. The transfers shall be	10230
reported to the Controlling Board at its next regularly scheduled	10231
meeting.	10232

Expenditures from appropriations made in this section shall	10233
be accounted for as though made in Am. Sub. H.B. 67 of the 127th	10234
General Assembly. However, law contained the relevant operating	10235
appropriations act that is generally applicable to the	10236
appropriations made in that act also is generally applicable to	10237
the appropriations made in Section 325.10 of this act.	10238

Section 327.10. The unexpended, unencumbered portions of the	10239
appropriation items made in Sections 303.10, 305.10, 307.10,	10240
309.10, 311.10, 313.10, 315.10, 317.10, 319.10, 321.10, and	10241
325.10 at the end of fiscal year 2009 are hereby reappropriated	10242
for the same purposes for fiscal year 2010.	10243

Section 503.10. (A) On July 1, 2009, and on the first day of	10244
the month for every month thereafter, the Treasurer of State,	10245
before making any of the distributions listed in sections	10246
5735.23, 5735.26, 5735.291, and 5735.30 of the Revised Code,	10247
shall deposit the first 2.5 per cent of the amount of motor fuel	10248
tax received for the preceding calendar month to the credit of	10249
the Highway Operating Fund (Fund 7002).	10250

(B) Of the amount transferred to Fund 7002 pursuant to	10251
division (A) of this section, $43,500,000 in each fiscal year	10252
shall be used to offset the costs in divisions (C) and (D) of this	10253
section, provided that up to $10,000,000 of that amount in fiscal	10254
year 2010 and up to $20,000,000 of that amount in fiscal year 2011	10255
shall be used to offset those amounts transferred by the Treasurer	10256
of State to pay for the debt service on state highway capital	10257
improvement bonds.	10258

(C) In fiscal year 2010, the Director of Transportation shall	10259
use proceeds in Fund 7002 for the following purposes, as permitted	10260
by federal law:	10261

(1) Not less than $14,500,000 shall be used to support public	10262
transit, rail, maritime, and aviation, or any planning and design	10263
activity related to those modes in the state.	10264

(2) Up to $19,000,000 shall be used for transportation	10265
purposes.	10266

(D) In fiscal year 2011, the Director of Transportation shall	10267
use proceeds in Fund 7002 for the following purposes, as permitted	10268
by federal law:	10269

(1) Not less than $4,500,000 shall be used to support public	10270
transit, rail, maritime, and aviation, or any planning and design	10271
activity related to those modes in the state.	10272

(2) Up to $19,000,000 shall be used for transportation	10273
purposes.	10274

Section 503.20. PASSENGER RAIL

10275

The Ohio Rail Development Commission and the Director of	10276
Transportation may compete for federal funding to support the	10277
initiation of passenger rail service in Ohio. Any study used for	10278
planning and developing any intercity passenger rail project shall	10279
include an analysis of market demand, projected ridership, ongoing	10280
operating costs, economic impact, and the relationship with	10281
freight rail. Construction or operation of an intercity passenger	10282
rail project may not begin until the Director of Transportation or	10283
the Ohio Rail Development Commission completes such a study.	10284
Expenditures for the construction or operation of an intercity	10285
passenger rail project shall be approved by the Controlling Board.	10286

Section 509.10. AUTHORIZATION FOR OHIO BUILDING AUTHORITY AND	10287
OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	10288

The Director of Budget and Management shall initiate and	10289
process payments from lease rental payment appropriation items	10290
during the period from July 1, 2009, to June 30, 2011, pursuant to	10291
the lease agreements for bonds or notes issued under Section 2i of	10292
Article VIII of the Ohio Constitution and Chapter 152. of the	10293
Revised Code. Payments shall be made upon certification by the	10294
Ohio Building Authority of the dates and amounts due on those	10295
dates.	10296

Section 509.20. LEASE PAYMENTS TO OBA AND TREASURER

10297

Certain appropriations are in this act for the purpose of	10298
lease payments to the Ohio Building Authority or to the Treasurer	10299
of State under leases and agreements relating to bonds or notes	10300
issued by the Ohio Building Authority or the Treasurer of State	10301
under the Ohio Constitution and acts of the General Assembly. If	10302
it is determined that additional appropriations are necessary for	10303
this purpose, such amounts are hereby appropriated.	10304

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	10305
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	10306

Upon the request of the Director of Transportation, the	10307
Director of Budget and Management may transfer cash from the	10308
Highway Operating Fund (Fund 7002) to the Highway Capital	10309
Improvement Fund (Fund 7042) created in section 5528.53 of the	10310
Revised Code. The Director of Budget and Management may transfer	10311
from Fund 7042 to Fund 7002 up to the amounts previously	10312
transferred to Fund 7042 under this section.	10313

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

10314

The Director of Budget and Management shall transfer cash in	10315
equal monthly increments totaling $183,493,000 in each fiscal year	10316
of the 2010-2011 biennium from the Highway Operating Fund, created	10317
in section 5735.291 of the Revised Code, to the Gasoline Excise	10318
Tax Fund created in division (A) of section 5735.27 of the Revised	10319
Code. The monthly amounts transferred under this section shall be	10320
distributed as follows: 42.86 per cent shall be distributed among	10321
the municipal corporations within the state under division (A)(2)	10322
of section 5735.27 of the Revised Code; 37.14 per cent shall be	10323
distributed among the counties within the state under division	10324
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent	10325
shall be distributed among the townships within the state under	10326
division (A)(5)(b) of section 5735.27 of the Revised Code.	10327

Section 512.30. LOCAL TRANSPORTATION IMPROVEMENT PROGRAM

10328

The Director of Budget and Management is authorized, upon	10329
written request of the Director of the Public Works Commission, to	10330
make periodic transfers of cash from the Highway Operating Fund	10331
created in section 5735.291 of the Revised Code to the Local	10332
Transportation Improvement Program Fund created in section 164.14	10333
of the Revised Code. These periodic transfers must total	10334
$100,000,000 in fiscal year 2010 and $100,000,000 in fiscal year	10335
2011 and are intended to fulfill the purposes of Section 18 of Am.	10336
Sub. H.B. 554 of the 127th General Assembly.	10337

Section 512.40. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

10338

On July 1, 2009, and on January 1, 2010, respectively, or as	10339
soon as possible thereafter, the Director of Budget and	10340
Management shall transfer $200,000 in cash, for each period, from	10341
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	10342
General for ODOT Fund (Fund 5FA0).	10343

On July 1, 2010, and on January 1, 2011, or as soon as	10344
possible thereafter, respectively, the Director of Budget and	10345
Management shall transfer $200,000 in cash, for each period, from	10346
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	10347
General for ODOT Fund (Fund 5FA0).	10348

Should additional amounts be necessary, the Inspector	10349
General, with the consent of the Director of Budget and Management	10350
and with notice to the Director of Transportation, may seek	10351
Controlling Board approval for additional transfers of cash and to	10352
increase the amount appropriated from appropriation item 965603,	10353
Deputy Inspector General for ODOT, in the amount of the additional	10354
transfers.	10355

Section 512.41. DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED	10356
THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009	10357

On July 1, 2009, and on January 1, 2010, or as soon as	10358
possible thereafter, respectively, the Director of Budget and	10359
Management shall transfer $200,000 in cash, for each period, from	10360
the General Revenue Fund to the Deputy Inspector General for Funds	10361
Received through the American Recovery and Reinvestment Act of	10362
2009 Fund (Fund 5GI0), which is created in section 121.53 of the	10363
Revised Code.	10364

On July 1, 2010, and on January 1, 2011, or as soon as	10365
possible thereafter, respectively, the Director of Budget and	10366
Management shall transfer $200,000 in cash, for each period, from	10367
the General Revenue Fund to the Deputy Inspector General for Funds	10368
Received through the American Recovery and Reinvestment Act of	10369
2009 Fund (Fund 5GI0).	10370

The amounts transferred in this section shall be appropriated	10371
in the main operating appropriations act of the 128th General	10372
Assembly.	10373

Section 512.43. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

10374

There is established in the Highway Operating Fund (Fund	10375
7002) in the Department of Transportation a Diesel Emissions	10376
Reduction Grant Program. The Director of Development shall	10377
administer the program and shall solicit, evaluate, score, and	10378
select projects submitted by public entities, small business	10379
concerns as the concerns are defined in 13 C.F.R. 121, as amended,	10380
and disadvantaged business enterprises as they are defined in 49	10381
C.F.R. 26 that are eligible for the federal Congestion Mitigation	10382
and Air Quality (CMAQ) Program. The Director of Transportation	10383
shall process Federal Highway Administration-approved projects as	10384
recommended by the Director of Development.	10385

In addition to the allowable expenditures set forth in	10386
section 122.861 of the Revised Code, Diesel Emissions Reduction	10387
Grant Program funds also may be used to fund projects involving	10388
the purchase or use of hybrid and alternative fuel vehicles that	10389
are allowed under guidance developed by the Federal Highway	10390
Administration for the CMAQ Program.	10391

Public entities eligible to receive funds under section	10392
122.861 of the Revised Code and CMAQ shall be reimbursed from the	10393
Department of Transportation's Diesel Emissions Reduction Grant	10394
Program.	10395

Small business concerns and disadvantaged business	10396
enterprises eligible to receive funds under section 122.861 of the	10397
Revised Code and CMAQ shall be reimbursed through transfers of	10398
cash from the Department of Transportation's Diesel Emissions	10399
Reduction Grant Program to the Diesel Emissions Reduction Grant	10400
Fund (Fund 3BD0) used by the Department of Development. Total	10401
expenditures between both the Departments of Development and	10402
Transportation shall not exceed the amounts appropriated in this	10403
section.	10404

Appropriation item 195697, Diesel Emissions Reduction Grants,	10405
is established with an appropriation of $4,400,000 for fiscal year	10406
2010.	10407

On or before June 30, 2010, any unencumbered balance of the	10408
foregoing appropriation item 195697, Diesel Emissions Reduction	10409
Grants, for fiscal year 2010 is appropriated for the same purposes	10410
in fiscal year 2011.	10411

Any cash transfers or allocations under this section	10412
represent CMAQ program moneys within the Department of	10413
Transportation for use by the Diesel Emissions Reduction Grant	10414
Program by the Department of Development. These allocations shall	10415
not reduce the amount of such moneys designated for metropolitan	10416
planning organizations.	10417

The Director of Development, in consultation with the	10418
Directors of Environmental Protection and Transportation, shall	10419
develop guidance for the distribution of funds and for the	10420
administration of the Diesel Emissions Reduction Grant Program.	10421
The guidance shall include a method of prioritization for	10422
projects, acceptable technologies, and procedures for awarding	10423
grants.	10424

Section 512.50. CASH TRANSFER TO GRF

10425

On July 1, 2009, or as soon as possible thereafter, the	10426
Director of Budget and Management shall transfer the cash balances	10427
of the ODOT Memorial Fund (Fund 4T50) and the Transportation	10428
Building Fund (Fund 7029), as of June 30, 2009, to the General	10429
Revenue Fund. Upon completion of the transfers, Funds 4T50 and	10430
7029 are abolished.	10431

Section 521.10. The federal payments that are made to the	10432
state from the Clean Water State Revolving Fund pursuant to Title	10433
VIII of the American Recovery and Reinvestment Act of 2009 shall	10434
be credited to the Water Pollution Control Loan Fund created in	10435
section 6111.036 of the Revised Code. Notwithstanding the	10436
requirements of section 6111.036 of the Revised Code, money	10437
credited to the Fund under this section shall be used and	10438
administered to provide financial assistance in any manner that is	10439
consistent with the requirements of the Federal Water Pollution	10440
Control Act or the American Recovery and Reinvestment Act of 2009.	10441

Notwithstanding the requirements of section 6111.036 of the	10442
Revised Code, rules adopted under it, and Chapter 3745-47 of the	10443
Administrative Code, the Director of Environmental Protection, for	10444
the purpose of obtaining federal payments pursuant to Title VIII	10445
of the American Recovery and Reinvestment Act of 2009, may impose	10446
alternative public comment procedures for the draft intended use	10447
plan, including alternative time frames for public notice and	10448
comment and the frequency of public meetings.	10449

Section 521.20. The federal payments that are made to the	10450
state from the Drinking Water State Revolving Fund pursuant to	10451
Title VIII of the American Recovery and Reinvestment Act of 2009	10452
shall be credited to the Drinking Water Assistance Fund created in	10453
section 6109.22 of the Revised Code. Notwithstanding the	10454
requirements of section 6109.22 of the Revised Code, money	10455
credited to the Fund under this section shall be used and	10456
administered to provide financial assistance in any manner that is	10457
consistent with the requirements of the Safe Drinking Water Act or	10458
the American Recovery and Reinvestment Act of 2009.	10459

Notwithstanding the requirements of section 6109.22 of the	10460
Revised Code, rules adopted under it, and Chapter 3745-47 of the	10461
Administrative Code, the Director of Environmental Protection, for	10462
the purpose of obtaining federal payments pursuant to Title VIII	10463
of the American Recovery and Reinvestment Act of 2009, may impose	10464
alternative public comment procedures for the draft intended use	10465
plan, including alternative time frames for public notice and	10466
comment and the frequency of public meetings.	10467

Section 521.30. To the extent possible, federal money	10468
received by the state for fiscal stabilization and recovery	10469
purposes shall be used in a manner that encourages the purchase of	10470
supplies and services from Ohio companies and stimulates job	10471
growth and retention in Ohio.	10472

Section 610.10. That Section 229.10 of Am. Sub. H.B. 67 of	10473
the 127th General Assembly, as amended by Am. Sub. H.B. 554 of	10474
the 127th General Assembly, be amended to read as follows:	10475

Sec. 229.10. PWC PUBLIC WORKS COMMISSION

10476

Local Transportation Improvements Fund Group	10477

052	150-402	Local Transportation Improvement Program - Operating	$	291,537	$	306,178	10478
052	150-701	Local Transportation Improvement Program	$	67,500,000	$	267,500,000	10479
TOTAL 052 Local Transportation							10480
Improvements Fund Group			$	67,791,537	$	267,806,178	10481

Local Infrastructure Improvements Fund Group	10482

038	150-321	State Capital Improvements Program - Operating Expenses	$	879,237	$	918,912	10483
TOTAL LIF Local Infrastructure							10484
Improvements Fund Group			$	879,237	$	918,912	10485
TOTAL ALL BUDGET FUND GROUPS			$	68,670,774	$	268,725,090	10486

~~CASH TRANSFER FROM THE BUDGET STABILIZATION FUND~~

10487

~~the Director of Budget and Management shall transfer~~	10488
~~$200,000,000 in cash from the Budget Stabilization Fund to the~~	10489
~~Local Transportation Improvement Program Fund created in section~~	10490
~~164.14 of the Revised Code.~~	10491

DISTRICT ADMINISTRATION COSTS

10492

The Director of the Public Works Commission is authorized to	10493
create a District Administration Costs Program from interest	10494
earnings of the Capital Improvements Fund and Local Transportation	10495
Improvement Program Fund proceeds. The program shall be used to	10496
provide for the direct costs of district administration of the	10497
nineteen public works districts. Districts choosing to participate	10498
in the program shall only expend Capital Improvements Fund moneys	10499
for Capital Improvements Fund costs and Local Transportation	10500
Improvement Program Fund moneys for Local Transportation	10501
Improvement Program Fund costs. The account shall not exceed	10502
$1,235,000 per fiscal year. Each public works district may be	10503
eligible for up to $65,000 per fiscal year from its district	10504
allocation as provided in sections 164.08 and 164.14 of the	10505
Revised Code.	10506

The Director, by rule, shall define allowable and	10507
nonallowable costs for the purpose of the District Administration	10508
Costs Program. Nonallowable costs include indirect costs, elected	10509
official salaries and benefits, and project-specific costs. No	10510
district public works committee may participate in the District	10511
Administration Costs Program without the approval of those costs	10512
by the district public works committee under section 164.04 of the	10513
Revised Code.	10514

REAPPROPRIATIONS

10515

All capital appropriations from the Local Transportation	10516
Improvement Program Fund (Fund 052) in Am. Sub. H.B. 68 of the	10517
126th General Assembly remaining unencumbered as of June 30, 2007,	10518
are reappropriated for use during the period July 1, 2007, through	10519
June 30, 2008, for the same purpose.	10520

Notwithstanding division (B) of section 127.14 of the Revised	10521
Code, all capital appropriations and reappropriations from the	10522
Local Transportation Improvement Program Fund (Fund 052) in ~~this~~	10523
~~act~~Am. Sub. H.B. 67 of the 127th General Assembly remaining	10524
unencumbered as of June 30, 2008, are reappropriated for use	10525
during the period July 1, 2008, through June 30, 2009, for the	10526
same purposes, subject to the availability of revenue as	10527
determined by the Director of the Public Works Commission.	10528

Section 610.11. That existing Section 229.10 of Am. Sub. H.B.	10529
67 of the 127th General Assembly, as amended by Am. Sub. H.B. 554	10530
of the 127th General Assembly, is hereby repealed.	10531

Section 610.20. That Sections 217.10, 217.11, 239.10,	10532
241.10, 243.10, and 243.11 of Am. Sub. H.B. 562 of the 127th	10533
General Assembly be amended to read as follows:	10534

Sec. 217.10. The items set forth in this section are hereby	10535
appropriated out of any moneys in the state treasury to the	10536
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are	10537
not otherwise appropriated:	10538

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	10539

C19500	Clean Ohio Revitalization	$	~~32,000,000~~ 80,000,000	10540
C19501	Clean Ohio Assistance	$	~~8,000,000~~ 20,000,000	10541
Total Department of Development		$	~~40,000,000~~ 100,000,000	10542
TOTAL Clean Ohio Assistance Fund		$	~~40,000,000~~ 100,000,000	10543

Sec. 217.11. CLEAN OHIO REVITALIZATION

10545

The Treasurer of State is hereby authorized to issue and	10546
sell, in accordance with Section 2o and 2q of Article VIII, Ohio	10547
Constitution, and pursuant to sections 151.01 and 151.40 of the	10548
Revised Code, original obligations in an aggregate principal	10549
amount not to exceed ~~$40,000,000~~$100,000,000 in addition to the	10550
original issuance of obligations heretofore authorized by prior	10551
acts of the General Assembly. These authorized obligations shall	10552
be issued and sold from time to time, subject to applicable	10553
constitutional and statutory limitations, as needed to ensure	10554
sufficient moneys to the credit of the Clean Ohio Revitalization	10555
Fund (Fund 7003) to pay costs of revitalization projects.	10556

Sec. 239.10. The items set forth in this section are hereby	10557
appropriated out of any moneys in the state treasury to the	10558
credit of the Clean Ohio Conservation Fund (Fund 7056) that are	10559
not otherwise appropriated.	10560

Appropriations

PWC PUBLIC WORKS COMMISSION	10561

C15060	Clean Ohio Conservation	$	~~30,000,000~~ 75,000,000	10562
Total Public Works Commission		$	~~30,000,000~~ 75,000,000	10563
TOTAL Clean Ohio Conservation Fund		$	~~30,000,000~~ 75,000,000	10564

The foregoing appropriation item C15060, Clean Ohio	10565
Conservation, shall be used in accordance with sections 164.20 to	10566
164.27 of the Revised Code. If the Public Works Commission	10567
receives refunds due to project overpayments that are discovered	10568
during the post-project audit, the Director of the Public Works	10569
Commission may certify to the Director of Budget and Management	10570
that refunds have been received. If the Director of Budget and	10571
Management determines that the project refunds are available to	10572
support additional appropriations, such amounts are hereby	10573
appropriated.	10574

Sec. 241.10. The items set forth in this section are hereby	10575
appropriated out of any moneys in the state treasury to the	10576
credit of the Clean Ohio Agricultural Easement Fund (Fund 7057)	10577
that are not otherwise appropriated.	10578

Appropriations

AGR DEPARTMENT OF AGRICULTURE	10579

C70009	Clean Ohio Agricultural Easements	$	~~5,000,000~~ 12,500,000	10580
Total Department of Agriculture		$	~~5,000,000~~ 12,500,000	10581
TOTAL Clean Ohio Agricultural Easement Fund		$	~~5,000,000~~ 12,500,000	10582

Sec. 243.10. The items set forth in this section are hereby	10584
appropriated out of any moneys in the state treasury to the	10585
credit of the Clean Ohio Trail Fund (Fund 7061) that are not	10586
otherwise appropriated.	10587

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	10588

C72514	Clean Ohio Trail - Grants	$	~~5,000,000~~ 12,500,000	10589
Total Department of Natural Resources		$	~~5,000,000~~ 12,500,000	10590
TOTAL Clean Ohio Trail Fund		$	~~5,000,000~~ 12,500,000	10591

Sec. 243.11. The Ohio Public Facilities Commission is hereby	10593
authorized to issue and sell, in accordance with Section 2o and	10594
2q of Article VIII, Ohio Constitution, and pursuant to sections	10595
151.01 and 151.09 of the Revised Code, original obligations of	10596
the state in an aggregate principal amount not to exceed	10597
~~$40,000,000~~$100,000,000 in addition to the original issuance of	10598
obligations heretofore authorized by prior acts of the General	10599
Assembly. These authorized obligations shall be issued and sold	10600
from time to time, subject to applicable constitutional and	10601
statutory limitations, as needed to ensure sufficient moneys to	10602
the credit of the Clean Ohio Conservation Fund (Fund 7056), the	10603
Clean Ohio Agricultural Easement Fund (Fund 7057), and the Clean	10604
Ohio Trail Fund (Fund 7061) to pay costs of conservation	10605
projects.	10606

Section 610.21. That existing Sections 217.10, 217.11,	10607
239.10, 241.10, 243.10, and 243.11 of Am. Sub. H.B. 562 of the	10608
127th General Assembly are hereby repealed.	10609

Section 610.30. That Section 503.40 of Am. Sub. H.B. 562 of	10610
the 127th General Assembly be amended to read as follows:	10611

Sec. 503.40. All appropriation items in this section are	10612
appropriated out of the money in the state treasury to the credit	10613
of the designated fund. For all appropriations made in this	10614
section, the amounts in the first column are for fiscal year 2008	10615
and the amounts in the second column are for fiscal year 2009.	10616

LSC LEGISLATIVE SERVICE COMMISSION	10617

General Revenue Fund	10618

GRF	035-321	Operating Expenses	$	$	200,000	10619
GRF	035-407	Legislative Taskforce on Redistricting	$	$	750,000	10620
TOTAL GRF General Revenue Fund			$	$	950,000	10621
TOTAL ALL BUDGET FUND GROUPS			$	$	950,000	10622

~~COMMISSION~~COMMISSIONS ON CUYAHOGA COUNTY GOVERNMENT REFORM	10623
AND LOCAL GOVERNMENT REFORM AND COLLABORATION	10624

The foregoing appropriation item 035-321, Operating Expenses,	10625
shall be used to support the Commission on Cuyahoga County	10626
Government Reform and the Ohio Commission on Local Government	10627
Reform and Collaboration, both created in ~~this act~~Am. Sub. H.B.	10628
562 of the 127th General Assembly.	10629

An amount equal to the unexpended, unencumbered portion of	10630
the foregoing appropriation item 035-321, Operating Expenses, at	10631
the end of fiscal year 2009, is hereby reappropriated for the same	10632
purpose for fiscal year 2010.	10633

LEGISLATIVE TASKFORCE ON REDISTRICTING

10634

An amount equal to the unexpended, unencumbered portion of	10635
the foregoing appropriation item 035-407, Legislative Taskforce on	10636
Redistricting, at the end of fiscal year 2009 is hereby	10637
reappropriated to the Legislative Service Commission for the same	10638
purpose for fiscal year 2010.	10639

The appropriations made in this section are subject to all	10640
the provisions of Am. Sub. H.B. 119 of the 127th General Assembly	10641
that are generally applicable to such appropriations ~~except for~~	10642
~~Section 809.03 of Am. Sub. H.B. 119 of the 127th General~~	10643
~~Assembly~~. Expenditures from appropriations contained in this	10644
section shall be accounted for as though made in Am. Sub. H.B.	10645
119 of the 127th General Assembly.	10646

Section 610.31. That existing Section 503.40 of Am. Sub. H.B.	10647
562 of the 127th General Assembly is hereby repealed.	10648

Section 737.10. The Board of Building Standards shall develop	10649
a plan to work to achieve compliance with the commercial and	10650
residential building energy codes set forth in section 3781.10 of	10651
this act so that, within eight years after the effective date of	10652
this act, at least 90 per cent of new and renovated residential	10653
and commercial building space will comply with the energy	10654
standards of those codes.	10655

Section 755.10. The Director of Transportation may enter into	10656
agreements as provided in this section with the United States or	10657
any department or agency of the United States, including, but not	10658
limited to, the United States Army Corps of Engineers, the United	10659
States Forest Service, the United States Environmental Protection	10660
Agency, and the United States Fish and Wildlife Service. An	10661
agreement entered into pursuant to this section shall be solely	10662
for the purpose of dedicating staff to the expeditious and timely	10663
review of environmentally related documents submitted by the	10664
Director of Transportation, as necessary for the approval of	10665
federal permits. The agreements may include provisions for advance	10666
payment by the Director of Transportation for labor and all other	10667
identifiable costs of the United States or any department or	10668
agency of the United States providing the services, as may be	10669
estimated by the United States, or the department or agency of the	10670
United States. The Director shall submit a request to the	10671
Controlling Board indicating the amount of the agreement, the	10672
services to be performed by the United States or the department or	10673
agency of the United States, and the circumstances giving rise to	10674
the agreement.	10675

Section 755.20. As a result of the enactment of the	10676
provisions of this act providing for the primary enforcement of	10677
seat belt use violations in this state, the Ohio Department of	10678
Transportation shall apply for a one-time federal grant from the	10679
National Highway Traffic Safety Administration offered in the	10680
Safe, Accountable, Flexible and Efficient Transportation Equity	10681
Act of 2003 – A Legacy for Users (SAFETEA-LU). One million	10682
dollars of any such federal grant money ODOT receives shall be	10683
transferred to the Ohio Department of Public Safety and expended	10684
on safety activities in accordance with 23 U.S.C. Chapter 4 and	10685
also to pay the costs the Department of Public Safety incurs in	10686
developing a cultural competency training program for law	10687
enforcement agencies to eliminate practices of differential	10688
enforcement. The Ohio Department of Transportation shall expend	10689
all remaining grant money on eligible transportation safety	10690
issues.	10691

Section 755.21. For the period commencing on the effective	10692
date of this section until fifteen months after that date,	10693
whenever a law enforcement officer stops a motor vehicle because	10694
the officer has witnessed a violation of a seat belt use law of	10695
this state or seat belt use ordinance of a municipal corporation	10696
of this state, the officer shall document the stop on a form	10697
prescribed by the Department of Public Safety. The officer shall	10698
indicate on the form the age, sex, and race of the operator of the	10699
motor vehicle involved in the stop, the date, time, and location	10700
of the stop, and whether a ticket, citation, or summons was issued	10701
to any person in the motor vehicle for the seat belt use	10702
violation. The officer also shall include on the form any other	10703
information that the Director of Public Safety may require, but in	10704
no case shall the form include the name of any person who was in	10705
the motor vehicle at the time the vehicle was stopped. The law	10706
enforcement agency that employs the law enforcement officer shall	10707
retain all such forms and make them available to the Department	10708
upon request.	10709

The Department of Public Safety shall enter into an	10710
agreement with an outside entity whereby the entity shall conduct	10711
a study regarding the primary enforcement of the seat belt use	10712
law as permitted by the amendments to section 4513.263 of the	10713
Revised Code contained in this act. The study shall include the	10714
collection and review of information regarding any differential	10715
enforcement that occurs as the result of the change in the	10716
enforcement of the seat belt use law in this state. In conducting	10717
its study, the entity shall review all the forms completed by law	10718
enforcement officers pursuant to this section and analyze and	10719
summarize the information contained therein. The Department shall	10720
provide a report of the study to the General Assembly and the	10721
Governor not later than eighteen months after the effective date	10722
of this section.	10723

Section 755.30. (A) As used in this section:

10724

(1) "Automated speed enforcement system" means a device that	10725
has one or more sensors and, as a motor vehicle proceeds through	10726
an area on a road or highway, is capable of determining the speed	10727
of the motor vehicle and producing a photographic or digitally	10728
recorded image of the motor vehicle, including an image of the	10729
vehicle's front or rear license plate.	10730

(2) "Citation" means any traffic ticket, citation, summons,	10731
or other notice of liability issued in response to an alleged	10732
violation of section 4511.21 of the Revised Code that is detected	10733
by an automated speed enforcement system.	10734

(3) "Construction zone" has the same meaning as in division	10735
(C) of section 5501.27 of the Revised Code.	10736

(4) "Interstate highway" has the same meaning as in division	10737
(H) of section 4519.01 of the Revised Code.	10738

(5) "Motor vehicle leasing dealer" has the same meaning as in	10739
section 4517.01 of the Revised Code.	10740

(6) "Motor vehicle renting dealer" has the same meaning as in	10741
section 4549.65 of the Revised Code.	10742

(7) "Operator" has the same meaning as in division (Y) of	10743
section 4511.01 of the Revised Code.	10744

(8) "Owner" has the same meaning as in division (V) of	10745
section 4501.01 of the Revised Code.	10746

(B) There is hereby established the Construction Zone	10747
Automated Speed Enforcement System Pilot Project. Under the Pilot	10748
Project, a violation of section 4511.21 of the Revised Code that	10749
occurs within a construction zone that is located on an interstate	10750
highway and is detected by an automated speed enforcement system	10751
shall constitute a civil offense for which a civil penalty is	10752
assessed against the operator of the motor vehicle that was	10753
involved in the offense. For purposes of this section there shall	10754
be a rebuttable presumption that the owner, lessee, or renter of	10755
the motor vehicle is the operator. This presumption may be	10756
rebutted by providing evidence that another person was operating	10757
the vehicle at the time of the alleged violation in accordance	10758
with this section. The Pilot Project shall consist only of	10759
properly marked construction zones that are located on interstate	10760
highways and no other locations. An automated speed enforcement	10761
system that is located within a construction zone that is part of	10762
the Pilot Project shall be operational only when workers are	10763
present within the construction zone. The Department of Public	10764
Safety, with the advice and assistance of the Department of	10765
Transportation, shall administer the Pilot Project.	10766

(C) Under the Pilot Project, if an automated speed	10767
enforcement system determines that a motor vehicle has violated	10768
section 4511.21 of the Revised Code while traveling within a	10769
construction zone that is located on an interstate highway, a	10770
State Highway Patrol trooper shall view the motor vehicle image	10771
and its speed as recorded by the automated speed enforcement	10772
system to determine if a violation of section 4511.21 did in fact	10773
occur. If the trooper determines that the violation did occur, the	10774
trooper shall inform the Department of Public Safety or the	10775
Department's designee of that fact. The Department or the	10776
Department's designee shall issue to the motor vehicle owner a	10777
citation for the offense, which shall include at a minimum the	10778
date, time, and location that the alleged violation occurred, the	10779
fact that the violation is being processed under the Pilot Project	10780
not as a criminal offense but as a civil offense, and the amount	10781
of the civil penalty. The citation also shall state clearly the	10782
manners in which the motor vehicle owner is able to challenge the	10783
citation.	10784

(D)(1) A motor vehicle owner who is issued a citation under	10785
the Pilot Project is liable for the violation and for payment of	10786
the resulting civil penalty unless the owner does either of the	10787
following in a timely manner:	10788

(a) Files an objection to the citation and any resulting	10789
civil penalty and appears in person at a nonjudicial,	10790
administrative hearing to challenge the citation;	10791

(b) Submits sufficient reliable, credible evidence that shows	10792
that, more likely than not, at the time of the violation the motor	10793
vehicle was in the care, custody, or control of another person.	10794
Such evidence is required to be submitted by the motor vehicle	10795
owner to the Department of Public Safety or the Department's	10796
designee not later than 30 days after the date the owner is	10797
notified of the violation in order for the evidence to be	10798
considered submitted in a timely manner. The Department shall	10799
adopt rules specifying what evidence is sufficiently reliable and	10800
credible. Upon determination that the owner of the motor vehicle	10801
has presented reliable and credible evidence that the motor	10802
vehicle was in the care, custody, or control of another person at	10803
the time of the offense, the Department or the Department's	10804
designee may issue a citation to the operator in accordance with	10805
this section.	10806

(2) A motor vehicle leasing dealer or motor vehicle renting	10807
dealer that receives a citation for an alleged violation of	10808
section 4511.21 of the Revised Code that was detected by an	10809
automated speed enforcement system is not liable if the citation	10810
was issued for a motor vehicle that was in the care, custody, or	10811
control of a lessee or renter at the time of the alleged	10812
violation. A dealer that receives a citation for such a violation	10813
shall notify the Department of Public Safety or the Department's	10814
designee of the motor vehicle lessee's or renter's name and	10815
address, and the Department or the Department's designee may issue	10816
a citation in accordance with this section. In no case shall the	10817
dealer pay such a citation and then attempt to collect a fee or	10818
assess the lessee or renter a charge for any payment of such a	10819
citation made on behalf of the lessee or renter.	10820

(E) The Department of Public Safety shall establish a	10821
nonjudicial, administrative hearing procedure at which a motor	10822
vehicle owner or operator who receives a citation under the Pilot	10823
Project is able to appear in person to challenge the citation. At	10824
the hearing, the owner or operator shall be able to view all the	10825
evidence that served as the basis for issuance of the citation	10826
against the owner or operator, to introduce evidence on the	10827
owner's or operator's behalf, and to produce, examine, and	10828
cross-examine witnesses.	10829

(F) An owner or operator of a motor vehicle that is involved	10830
in a violation of section 4511.21 of the Revised Code that is	10831
processed under the Pilot Project and who challenges the citation	10832
in accordance with division (D)(1) or (2) of this section may	10833
appeal a decision of the Department of Public Safety or the	10834
Department's designee that imposes liability on the owner or	10835
operator and the civil penalty, within thirty days of the date of	10836
the decision, to the municipal court or county court within whose	10837
territorial jurisdiction the violation occurred. The municipal	10838
court or county court shall affirm the decision of the Department	10839
or the Department's designee if the court finds that the decision	10840
is supported by sufficient reliable, credible evidence and is in	10841
accordance with the law.	10842

(G)(1) No owner or operator of a motor vehicle that is	10843
involved in a violation of section 4511.21 of the Revised Code	10844
that is processed under the Pilot Project is liable for the	10845
violation and payment of the civil penalty if notification of the	10846
violation is given to the motor vehicle owner more than 90 days	10847
after the date of the violation.	10848

(2) No owner or operator of a motor vehicle who is issued a	10849
ticket, citation, or summons by a law enforcement officer for a	10850
violation of section 4511.21 of the Revised Code or a	10851
substantially equivalent municipal ordinance that occurs within a	10852
construction zone on an interstate highway and is a criminal	10853
offense shall be liable for the same violation and payment of a	10854
civil penalty under the Pilot Project if the violation also is	10855
detected by an automated speed enforcement system.	10856

(3) If the owner or operator of a motor vehicle that is	10857
involved in a violation of section 4511.21 of the Revised Code	10858
that is processed under the Pilot Project fails to pay the civil	10859
penalty or to respond to the citation within the time period	10860
specified in the citation, the owner or operator shall be deemed	10861
to have waived any right to contest liability for the violation	10862
and payment of the civil penalty by law.	10863

(H)(1) A violation of section 4511.21 of the Revised Code	10864
that is detected by an automated speed enforcement system and is	10865
processed under the Pilot Project is a civil violation for which a	10866
civil penalty not exceeding $250 shall be assessed. The Department	10867
of Public Safety shall establish the amount of the civil penalty.	10868

(2) Of the civil penalties collected under the Pilot Project:

10869

(a) Fifty per cent shall be paid into the treasury of the	10870
municipal corporation in which the violation occurred, or if the	10871
violation occurred outside the territorial jurisdiction of a	10872
municipal corporation, into the treasury of the county in which	10873
the violation occurred;	10874

(b) Forty-five per cent shall be deposited into the state	10875
treasury to the credit of the General Revenue Fund;	10876

(c) Five per cent shall be deposited into the state treasury	10877
to the credit of the Trauma and Emergency Medical Services Fund	10878
created by division (E)(4) of section 4513.263 of the Revised	10879
Code.	10880

(3) In addition to the civil penalty that is imposed for a	10881
violation of section 4511.21 of the Revised Code that is processed	10882
under the Pilot Project, the Department also shall impose an	10883
administrative fee in every such case. The Department shall	10884
determine the amount of the fee by rule, and all such fees shall	10885
be deposited into the state treasury to the credit of the	10886
Automated Speed Enforcement System Fund created by division (M) of	10887
this section.	10888

(4) The Department of Public Safety shall adopt rules	10889
establishing procedures for collection of civil penalties imposed	10890
upon persons under the Pilot Project. The rules may provide that,	10891
in the event of nonpayment of a civil penalty or administrative	10892
fee by a person, the Registrar of Motor Vehicles may suspend the	10893
person's driver's or commercial driver's license or permit or	10894
nonresident operating privilege until all outstanding penalties	10895
and fees have been paid.	10896

(5) Each citation issued under the Pilot Project shall	10897
indicate clearly the amount of the civil penalty that is	10898
referenced in divisions (H)(1) and (2) of this section and the	10899
amount of the administrative fee that will be paid to the private	10900
entity, as referenced in division (H)(3) of this section, that	10901
operates the Pilot Project, if any.	10902

(I) No owner or operator of a motor vehicle that is involved	10903
in a violation of section 4511.21 of the Revised Code that is	10904
detected by an automated speed enforcement system and is processed	10905
under the Pilot Project shall have any points assessed against	10906
that person's driver's or commercial driver's license or permit	10907
under section 4510.036 of the Revised Code for the violation.	10908

(J) No municipal corporation, county, or township shall enact	10909
an ordinance or adopt a resolution authorizing the use of an	10910
automated speed enforcement system on any interstate highway	10911
within its boundaries. Nothing in this division shall be construed	10912
as prohibiting a municipal corporation, county, or township from	10913
enacting an ordinance or adopting a resolution authorizing the use	10914
of an automated speed enforcement system on any street or highway	10915
within its boundaries that is not an interstate highway if the	10916
municipal corporation, county, or township otherwise has the power	10917
to do so.	10918

(K)(1) The Department of Public Safety may enter into a	10919
contract with a private entity for the establishment and operation	10920
of the automated speed enforcement system of the Pilot Project.	10921
For purposes of this section, if the Department enters into such a	10922
contract, the private entity is the Department's designee.	10923

(2) The Department of Public Safety and the Department of	10924
Transportation shall enter into an agreement whereby the	10925
Department of Transportation shall grant to the Department of	10926
Public Safety or the Department's designee access to any property	10927
of the Department of Transportation and any permits as may be	10928
necessary for the Department of Public Safety or its designee to	10929
implement the Pilot Project.	10930

(L)(1) The Department of Public Safety shall not use an	10931
automated speed enforcement system at any construction zone	10932
location unless the proper signs have been erected as required by	10933
division (L) of this section.	10934

(2) The Department shall erect signs that shall inform	10935
traffic approaching a construction zone that is located on an	10936
interstate highway that the construction zone contains an	10937
automated speed enforcement system to enforce section 4511.21 of	10938
the Revised Code. The Department shall erect the signs not less	10939
than one thousand feet and not more than five thousand three	10940
hundred feet before the boundary of the construction zone. The	10941
signs shall be so erected in each direction of travel on the	10942
interstate highway. The Department is responsible for all costs	10943
associated with the erection, maintenance, and replacement, if	10944
necessary, of the signs. All signs erected under division (L) of	10945
this section shall conform in size, color, location, and content	10946
to standards contained in the manual adopted by the Department of	10947
Transportation pursuant to section 4511.09 of the Revised Code	10948
and shall remain in place for as long as the Department of Public	10949
Safety utilizes the automated speed enforcement system to enforce	10950
section 4511.21 of the Revised Code within the construction zone	10951
under the Pilot Project. Any citation issued by or on behalf of	10952
the Department for a violation of section 4511.21 of the Revised	10953
Code based upon evidence gathered by an automated speed	10954
enforcement system device after the effective date of this	10955
section but before the signs have been erected is invalid;	10956
provided that no citation is invalid if the Department is in	10957
substantial compliance with the requirement of division (L) of	10958
this section to erect the signs.	10959

(3) The Department is deemed to be in substantial compliance	10960
with the requirements of divisions (L)(1) and (2) of this section	10961
to erect the advisory signs if the Department does both of the	10962
following:	10963

(a) First erects all signs as required by divisions (L)(1)	10964
and (2) of this section and subsequently maintains and replaces	10965
the signs as needed so that at all times at least 90 per cent of	10966
the required signs are in place and functional;	10967

(b) Annually documents and upon request certifies its	10968
compliance with divisions (L)(1) and (2) of this section.	10969

(M) There is hereby created in the state treasury the	10970
Automated Speed Enforcement System Fund, consisting of the	10971
administrative fees collected pursuant to division (H)(3) of this	10972
section. The Department of Public Safety shall use the money in	10973
the Fund only to pay expenses associated with the Automated Speed	10974
Enforcement System Pilot Project, including paying a private	10975
entity to establish, operate, and administer the Pilot Project.	10976

(N) The Construction Zone Automated Speed Enforcement System	10977
Pilot Project shall terminate on July 1, 2011, and no citations	10978
shall be issued under the Pilot Project on or after that date.	10979
Citations that are issued under the Pilot Project before that date	10980
may be processed after that date, and citation processing and	10981
administrative hearings regarding such citations may continue	10982
after that date until all citations issued under the Pilot Project	10983
have reached final resolution. Upon certification by the Director	10984
of Public Safety to the Director of Budget and Management that all	10985
citations issued under the Pilot Project have reached final	10986
resolution and all payments that are due the Department's designee	10987
have been paid, the Director of Budget and Management shall	10988
transfer all remaining money in the Automated Speed Enforcement	10989
System Fund to the General Revenue Fund.	10990

(O) The Department of Public Safety, in consultation with the	10991
Department of Transportation and in accordance with Chapter 119.	10992
of the Revised Code, shall adopt all rules necessary and proper	10993
for the establishment, implementation, and administration of the	10994
Pilot Project.	10995

Section 755.40. (A) The Department of Public Safety shall	10996
form a study group to conduct a study and make recommendations to	10997
improve services related to vehicle registrations, driver's	10998
license and identification card issuance, and vehicle title	10999
issuance. The study group shall include representatives from the	11000
Department of Public Safety, the Bureau of Motor Vehicles, the	11001
Office of Budget and Management, the Ohio Title Clerks'	11002
Association, the County Auditors' Association, the Ohio Trucking	11003
Association, the Deputy Registrars' Association, the Ohio Auto	11004
Dealers' Association, the County Commissioners' Association, and	11005
the Ohio Municipal League.	11006

(B) In regard to services related to vehicle registrations,	11007
driver's license and identification card issuance, and vehicle	11008
title issuance, the study group shall do all of the following:	11009

(1) Evaluate ways to improve the efficient delivery of	11010
services;	11011

(2) Examine existing statutory authority governing the	11012
supporting processes and infrastructure systems and analyze	11013
methods to improve such processes and systems;	11014

(3) Review demographic data, conduct a financial assessment	11015
of existing procedures, and identify additional services that may	11016
be provided;	11017

(4) Review current business methods and identify new	11018
technology that may improve processes and procedures.	11019

(C) Not later than six months after the effective date of	11020
this section, the study group shall submit its report with	11021
recommendations to the Governor, the Speaker of the House of	11022
Representatives, and the President of the Senate. Upon submitting	11023
its report, the study group shall cease to exist.	11024

Section 755.50. The Department of Transportation shall	11025
compile and produce a report on the financial and policy	11026
implications of the Department assuming primary responsibility for	11027
all state routes throughout Ohio regardless of local government	11028
jurisdiction. The report shall review the range of possible	11029
participation in the paving and maintenance of these routes by the	11030
Department. The Department shall submit the report to the Speaker	11031
of the House of Representatives, the President of the Senate, and	11032
the Governor not later than December 15, 2009.	11033

Section 755.60. The Ohio Turnpike Commission shall conduct a	11034
study to examine ways to increase the application of green	11035
technology, including the reduction of diesel emissions, in the	11036
construction, maintenance, improvement, repair, and operation of	11037
Ohio Turnpike Commission facilities. Additionally, the study shall	11038
evaluate all opportunities to develop energy alternatives,	11039
including solar, geothermal, natural gas, and wind, in cooperation	11040
with the Power Siting Board and the Ohio Department of	11041
Transportation.	11042

Not later than six months after the effective date of this	11043
section, the Ohio Turnpike Commission shall report the results of	11044
its study to the Speaker of the House of Representatives, the	11045
President of the Senate, and the Governor.	11046

Section 755.70. Notwithstanding sections 4519.02, 4519.03,	11047
4519.04, 4519.08, 4519.09, 4519.10, 4519.44, and 4519.47 of the	11048
Revised Code as amended in Section 101.01 of this act, the Bureau	11049
of Motor Vehicles shall not be required to issue license plates	11050
and validation stickers to all-purpose vehicles until one year	11051
after the effective date of this section.	11052

Section 755.80. (A) There is established a MARCS Task Force	11053
to explore and issue recommendations on the organizational	11054
structure and operational and capital funding options for the	11055
long-term sustainability and more ubiquitous utilization of the	11056
MARCS System.	11057

The Task Force shall consist of seventeen members as	11058
follows: three members appointed by the Governor; three members	11059
appointed by the Speaker of the House of Representatives, not more	11060
than two from the same political party; three members appointed by	11061
the President of the Senate, not more than two from the same	11062
political party; one representative from the Department of Public	11063
Safety, appointed by the Director of Public Safety; one	11064
representative from the State Highway Patrol, appointed by the	11065
Director of Public Safety; one representative from the Buckeye	11066
State Sheriffs' Association, appointed by the Governor; one	11067
representative from the Ohio Association of Chiefs of Police,	11068
appointed by the Governor; one representative from the Ohio Fire	11069
Chiefs Association, appointed by the Governor; one representative	11070
from MARCS, appointed by the Director of Administrative Services;	11071
one representative of an emergency management agency, appointed	11072
by the Governor; and the Director of Administrative Services or	11073
the Director's designee. The appointed members shall be appointed	11074
not later than forty-five days after the effective date of this	11075
section.	11076

The Director of Administrative Services or the Director's	11077
designee shall serve as chairperson of the Task Force.	11078

Members of the Task Force shall receive no compensation or	11079
reimbursement for their services.	11080

(B) Not later than nine months after the effective date of	11081
this section, the Task Force shall submit a report to the	11082
Governor, the President of the Senate, and the Speaker of the	11083
House of Representatives. The report shall make recommendations	11084
on the matters outlined in the first paragraph of division (A) of	11085
this section for the MARCS System.	11086

Section 803.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	11087
APPROPRIATIONS	11088

Law contained in the main operating appropriations act of the	11089
128th General Assembly that is generally applicable to the	11090
appropriations made in the main operating appropriations act also	11091
is generally applicable to the appropriations made in this act.	11092

Section 806.10. The items of law contained in this act, and	11093
their applications, are severable. If any item of law contained in	11094
this act, or if any application of any item of law contained in	11095
this act, is held invalid, the invalidity does not affect other	11096
items of law contained in this act and their applications that can	11097
be given effect without the invalid item or application.	11098

Section 812.10. Except as otherwise provided in this act,	11099
the amendment, enactment, or repeal by this act of a section is	11100
subject to the referendum under Ohio Constitution, Article II,	11101
Section 1c and therefore takes effect on the ninety-first day	11102
after this act is filed with the Secretary of State or, if a later	11103
effective date is specified below, on that date.	11104

Sections 1548.10, 4505.032, 4505.09, and 4519.59 of the	11105
Revised Code, as amended by this act, take effect one year after	11106
the effective date specified in the first paragraph of this	11107
section.	11108

Section 812.20. In this section, an "appropriation" includes	11109
another provision of law in this act that relates to the subject	11110
of the appropriation.	11111

An appropriation of money made in this act is not subject to	11112
the referendum insofar as a contemplated expenditure authorized	11113
thereby is wholly to meet a current expense within the meaning of	11114
Ohio Constitution, Article II, Section 1d and section 1.471 of the	11115
Revised Code. To that extent, the appropriation takes effect	11116
immediately when this act becomes law. Conversely, the	11117
appropriation is subject to the referendum insofar as a	11118
contemplated expenditure authorized thereby is wholly or partly	11119
not to meet a current expense within the meaning of Ohio	11120
Constitution, Article II, Section 1d and section 1.471 of the	11121
Revised code. To that extent, the appropriation takes effect on	11122
the ninety-first day after this act is filed with the Secretary	11123
of State.	11124

Section 812.30. The amendment, enactment, or repeal by this	11125
act of the sections listed below is exempt from the referendum	11126
because it is or relates to an appropriation for current expenses	11127
within the meaning of Ohio Constitution, Article II, Section 1d	11128
and section 1.471 of the Revised Code, or defines a tax levy	11129
within the meaning of Ohio Constitution, Article II, Section 1d,	11130
and therefore takes effect immediately when this act becomes law	11131
or, if a later effective date is specified below, on that date.	11132

R.C. 121.51 and 125.11

11133

The amendment of sections 5735.06 and 5735.141 of the Revised	11134
Code take effect July 1, 2009.	11135

Section 229.10 of Am. Sub. H.B. 67 of the 127th General	11136
Assembly	11137

Sections of this act prefixed with section numbers in the	11138
300's, 500's, 600's, 700's, and 800's, except for Sections 509.10,	11139
610.20, 610.21, and 755.20 of this act.	11140

Section 812.40. The sections that are listed in the	11141
left-hand column of the following table combine amendments by this	11142
act that are and that are not exempt from the referendum under	11143
Ohio Constitution, Article II, Sections 1c and 1d and section	11144
1.471 of the Revised Code.	11145

The middle column identifies the amendments to the listed	11146
sections that are subject to the referendum under Ohio	11147
Constitution, Article II, Section 1c and therefore take effect on	11148
the ninety-first day after this act is filed with the Secretary of	11149
State or, if a later effective date is specified, on that date.	11150

The right-hand column identifies the amendments to the listed	11151
sections that are exempt from the referendum because they are or	11152
relate to an appropriation for current expenses within the meaning	11153
of Ohio Constitution, Article II, Section 1d and section 1.471 of	11154
the Revised Code, or define a tax levy within the meaning of Ohio	11155
Constitution, Article II, Section 1d, and therefore take effect	11156
immediately when this act becomes law or, if a later effective	11157
date is specified, on that date.	11158

Section of law		Amendments subject to referendum		Amendments exempt from referendum		11159
R.C. 4561.18		Division (A)		Divisions (D)(1), (D)(3), (H)		11160

Section 815.10. The amendment by this act to sections	11161
4511.093 and 4513.263 of the Revised Code does not affect the	11162
taking effect of amendments previously made to those sections by	11163
Am. Sub. H.B. 320 of the 127th General Assembly, insofar as the	11164
latter amendments are not repealed by the amendments to those	11165
sections by this act. The amendments of Am. Sub. H.B. 320 to the	11166
sections take effect as specified in that act, except insofar as	11167
they are repealed by this act.	11168

Section 815.20. The General Assembly, applying the principle	11169
stated in division (B) of section 1.52 of the Revised Code that	11170
amendments are to be harmonized if reasonably capable of	11171
simultaneous operation, finds that the following sections,	11172
presented in this act as composites of the sections as amended by	11173
the acts indicated, are the resulting versions of the sections in	11174
effect prior to the effective date of the sections as presented in	11175
this act:	11176

Section 4501.21 of the Revised Code as amended by both Am.	11177
Sub. H.B. 273 and Am. Sub. S.B. 129 of the 127th General	11178
Assembly.	11179

Section 4506.07 of the Revised Code as amended by both Am.	11180
Sub. H.B. 450 and Sub. H.B. 529 of the 127th General Assembly.	11181

Section 4506.11 of the Revised Code as amended by both Am.	11182
Sub. H.B. 450 and Sub. H.B. 529 of the 127th General Assembly.	11183

Section 4507.06 of the Revised Code as amended by both Am.	11184
Sub. H.B. 450 and Sub. H.B. 529 of the 127th General Assembly.	11185

Section 4507.51 of the Revised Code as amended by Am. Sub.	11186
H.B. 130, Am. Sub. H.B. 450, and Sub. H.B. 529 of the 127th	11187
General Assembly.	11188

Section 4511.181 of the Revised Code as amended by both Am.	11189
Sub. H.B. 562 and Am. Sub. S.B. 17 of the 127th General Assembly.	11190

Section 901.10. The emergency clause contained in this act	11191
applies only to sections 3905.423, 3905.425, and 5517.011 of the	11192
Revised Code. All other provisions of this act take effect as	11193
otherwise provided in this act or the Ohio Constitution.	11194

Section 901.11. This act is hereby declared to be an	11195
emergency measure necessary for the immediate preservation of the	11196
public peace, health, and safety. The reason for such necessity	11197
lies in the need, in these times of job losses and business	11198
defaults, to strengthen the protection people have under certain	11199
vehicle-related contracts and to expedite the use of federal	11200
stimulus dollars. Therefore, this act shall go into immediate	11201
effect.	11202