| Section 101.01. That sections 121.51, 133.52,
151.01,
| 44 |
|
151.09, 151.40, 955.201, 1345.52, 1547.11, 1548.10, 1751.53, | 45 |
|
2911.21,
2949.094, 3781.01, 3781.10,
3781.12, 3781.19, 3905.423, | 46 |
|
3923.38, 4501.01, 4501.03,
4501.21, 4503.03, 4503.10, 4503.103, | 47 |
|
4503.191,
4505.032, 4505.09, 4506.07, 4506.11,
4506.17,
| 48 |
|
4507.06, 4507.13,
4507.51, 4507.52,
4511.01, 4511.181, 4511.19, | 49 |
|
4511.191,
4511.21, 4511.213,
4513.263, 4513.34, 4517.021, | 50 |
|
4519.02,
4519.03,
4519.04, 4519.08, 4519.09,
4519.10, 4519.44, | 51 |
|
4519.47,
4519.59, 4561.17,
4561.18,
4561.21, 4740.14, 4765.37, | 52 |
|
4765.38,
4765.39, 4928.64, 4928.65, 5501.03, 5501.311,
5501.51, | 53 |
|
5502.67,
5502.68, 5515.01, 5515.07,
5517.011, 5525.15,
| 54 |
|
5531.09,
5537.07,
5537.99, 5541.05, 5571.20, and 5577.042 be | 55 |
|
amended and
sections 5.24, 121.53, 122.077, 123.153, 167.081,
| 56 |
|
3905.425,
3905.426, 4501.026, 4511.108, 5501.60, 5533.93, and | 57 |
|
5537.30
of
the
Revised Code be
enacted to read as follows:
| 58 |
| Sec. 121.51. There is hereby created in the office of the
| 62 |
|
inspector general the position of deputy inspector general for the
| 63 |
|
department of transportation. The inspector general shall appoint
| 64 |
|
the deputy inspector general, and the deputy inspector general
| 65 |
|
shall serve at the pleasure of the inspector general. A person
| 66 |
|
employed as the deputy inspector general shall have the same
| 67 |
|
qualifications as those specified in section 121.49 of the Revised
| 68 |
|
Code for the inspector general. The inspector general shall
| 69 |
|
provide technical, professional, and clerical assistance to the
| 70 |
deputy inspector general. The inspector general shall certify to
| 71 |
the director of budget and management the costs, including the
| 72 |
salaries of the deputy
inspector general and the employees
| 73 |
assisting the deputy inspector
general, that the inspector
| 74 |
general expects the deputy inspector
general to incur during the
| 75 |
fiscal year or such lesser period for
which the certification is
| 76 |
made. The director of budget and
management shall transfer the
| 77 |
amounts certified to | 78 |
| There is hereby created in the state treasury
the
deputy
| 79 |
inspector general for ODOT fund,
which is hereby
created in
the
| 80 |
state treasury, from the
appropriation made to
the department
| 81 |
of transportation from which
expenditures for
general
| 82 |
administrative purposes, as
distinguished from specific
| 83 |
infrastructure projects, are made.
The transfers shall be made in
| 84 |
accordance with a schedule that
the inspector general considers
| 85 |
to
be appropriate but shall not
be in amounts that would create
| 86 |
a
balance in the fund in excess
of need or that would exceed the
| 87 |
amount appropriated from the
fund. The fund shall consist of
| 88 |
|
money credited to the fund for the payment of costs incurred by
| 89 |
|
the deputy inspector general in performing the duties of the
| 90 |
|
deputy inspector general as specified in this section. The
| 91 |
inspector general shall
use
the deputy inspector
general for
| 92 |
ODOT fund to pay costs
incurred
by the deputy
inspector
| 93 |
|
general in performing the
duties of the deputy inspector
general
| 94 |
|
as required under this
section.
| 95 |
| The deputy inspector general shall investigate all wrongful
| 96 |
|
acts or omissions that have been committed or are being committed
| 97 |
|
by employees of the department. In addition, the deputy inspector
| 98 |
|
general shall conduct a program of random review of the processing
| 99 |
|
of contracts associated with building and maintaining the state's
| 100 |
|
infrastructure. The random review program shall be designed by the
| 101 |
|
inspector general. The program shall be confidential and may be
| 102 |
|
altered by the inspector general at any time. The deputy inspector
| 103 |
|
general has the same powers and duties regarding matters
| 104 |
|
concerning the department as those specified in sections 121.42,
| 105 |
|
121.43, and 121.45 of the Revised Code for the inspector general.
| 106 |
|
Complaints may be filed with the deputy inspector general in the
| 107 |
|
same manner as prescribed for complaints filed with the inspector
| 108 |
|
general under section 121.46 of the Revised Code. All
| 109 |
|
investigations conducted and reports issued by the deputy
| 110 |
|
inspector general are subject to section 121.44 of the Revised
| 111 |
|
Code.
| 112 |
| All officers and employees of the department shall cooperate
| 113 |
|
with and provide assistance to the deputy inspector general in the
| 114 |
|
performance of any investigation conducted by the deputy inspector
| 115 |
|
general. In particular, those persons shall make their premises,
| 116 |
|
equipment, personnel, books, records, and papers readily available
| 117 |
|
to the deputy inspector general. In the course of an
| 118 |
|
investigation, the deputy inspector general may question any
| 119 |
|
officers or employees of the department and any person transacting
| 120 |
|
business with the department and may inspect and copy any books,
| 121 |
|
records, or papers in the possession of the department, taking
| 122 |
|
care to preserve the confidentiality of information contained in
| 123 |
|
responses to questions or the books, records, or papers that are
| 124 |
|
made confidential by law. In performing any investigation, the
| 125 |
|
deputy inspector general shall avoid interfering with the ongoing
| 126 |
|
operations of the department, except insofar as is reasonably
| 127 |
|
necessary to complete the investigation successfully.
| 128 |
| At the conclusion of an investigation by the deputy inspector
| 129 |
|
general, the deputy inspector general shall deliver to the
| 130 |
|
director of transportation and the governor any case for which
| 131 |
|
remedial action is necessary. The deputy inspector general shall
| 132 |
|
maintain a public record of the activities of the deputy inspector
| 133 |
|
general to the extent permitted under this section, ensuring that
| 134 |
|
the rights of the parties involved in each case are protected. The
| 135 |
|
inspector general shall include in the annual report required by
| 136 |
|
section 121.48 of the Revised Code a summary of the deputy
| 137 |
|
inspector general's activities during the previous year.
| 138 |
| Sec. 121.53. There is hereby created in the office of the
| 145 |
|
inspector general the position of deputy inspector general for
| 146 |
|
funds received through the American Recovery and Reinvestment Act
| 147 |
|
of 2009. The inspector general shall appoint the deputy inspector
| 148 |
|
general, and the deputy inspector general shall serve at the
| 149 |
|
pleasure of the inspector general. A person employed as the deputy
| 150 |
|
inspector general shall have the same qualifications as those
| 151 |
|
specified in section 121.49 of the Revised Code for the inspector
| 152 |
|
general. The inspector general shall provide technical,
| 153 |
|
professional, and clerical assistance to the deputy inspector
| 154 |
|
general. | 155 |
|
The deputy inspector general shall monitor relevant state | 165 |
|
agencies' distribution of funds received from the federal | 166 |
|
government under the American Recovery and Reinvestment Act of | 167 |
|
2009 and shall investigate all wrongful
acts or omissions that | 168 |
|
have been committed or are being committed by officers or | 169 |
|
employees of, or contractors with, relevant state agencies
with | 170 |
|
respect to money received from the federal government under
the | 171 |
|
American Recovery and Reinvestment Act of 2009. In addition,
the | 172 |
|
deputy inspector general shall conduct a program of random
| 173 |
|
review of the processing of contracts associated with projects to
| 174 |
|
be paid for with such money. The random review program shall be
| 175 |
|
designed by the inspector general. The program shall be
| 176 |
|
confidential and may be altered by the inspector general at any
| 177 |
|
time. The deputy inspector general has the same powers and duties
| 178 |
|
regarding matters concerning such money as those specified in
| 179 |
|
sections 121.42, 121.43, and 121.45 of the Revised Code for the
| 180 |
|
inspector general. Complaints may be filed with the deputy
| 181 |
|
inspector general in the same manner as prescribed for complaints
| 182 |
|
filed with the inspector general under section 121.46 of the
| 183 |
|
Revised Code. All investigations conducted and reports issued by
| 184 |
|
the deputy inspector general are subject to section 121.44 of the
| 185 |
|
Revised Code. | 186 |
|
All relevant state agencies shall cooperate with and provide
| 187 |
|
assistance to the deputy inspector general in the performance of
| 188 |
|
any investigation conducted by the deputy inspector general. In
| 189 |
|
particular, those persons shall make their premises, equipment,
| 190 |
|
personnel, books, records, and papers readily available to the
| 191 |
|
deputy inspector general. In the course of an investigation, the
| 192 |
|
deputy inspector general may question any officers or employees of
| 193 |
|
the relevant agency and any person transacting business with the
| 194 |
|
agency and may inspect and copy any books, records, or papers in
| 195 |
|
the possession of the agency, taking care to preserve the
| 196 |
|
confidentiality of information contained in responses to questions
| 197 |
|
or the books, records, or papers that are made confidential by
| 198 |
|
law. In performing any investigation, the deputy inspector general
| 199 |
|
shall avoid interfering with the ongoing operations of the agency,
| 200 |
|
except as is reasonably necessary to complete the investigation
| 201 |
|
successfully. | 202 |
|
At the conclusion of an investigation by the deputy
| 203 |
|
inspector, the deputy inspector general shall deliver to the
| 204 |
|
speaker and minority leader of the house of representatives,
| 205 |
|
president and minority leader of the senate, governor, and
| 206 |
|
relevant agency any case for which remedial action is necessary.
| 207 |
|
The deputy inspector general shall maintain a public record of the
| 208 |
|
activities of the deputy inspector general to the extent permitted
| 209 |
|
under this section, ensuring that the rights of the parties
| 210 |
|
involved in each case are protected. The inspector general shall
| 211 |
|
include in the annual report required by section 121.48 of the
| 212 |
|
Revised Code a summary of the deputy inspector general's
| 213 |
|
activities during the previous year. | 214 |
| Sec. 122.077. For the purpose of promoting the use of energy
| 229 |
|
efficient products to reduce greenhouse gas emissions in this
| 230 |
|
state, the director of development shall establish an energy star
| 231 |
|
rebate program under which the director may provide rebates to
| 232 |
|
consumers for household devices carrying the energy star label
| 233 |
|
indicating that the device meets the energy efficiency criteria of
| 234 |
|
the energy star program established by the United States
| 235 |
|
department of energy and the United States environmental
| 236 |
|
protection agency. The director shall adopt rules under Chapter | 237 |
|
119. of the Revised Code that are necessary for successful and | 238 |
|
efficient administration of the energy star rebate program, and | 239 |
|
shall specify in the rules that grant availability is limited to | 240 |
|
federal funds allocated for such a program. | 241 |
|
(B) Beginning October 1, 2009, and on the first day of
| 247 |
|
October in each year thereafter, the director of administrative
| 248 |
|
services shall submit a written report to the governor and to each
| 249 |
|
member of the general assembly describing the progress made by
| 250 |
|
state agencies in advancing the minority business enterprise
| 251 |
|
program and the encouraging diversity, growth, and equity program.
| 252 |
|
The report shall highlight the initiatives implemented to
| 253 |
|
encourage participation of minority-owned, as well as socially and
| 254 |
|
economically disadvantaged, businesses in programs funded by
| 255 |
|
federal money received by the state for fiscal stabilization and
| 256 |
|
recovery purposes. The report shall also include the total number
| 257 |
|
of procurement contracts each agency has entered into with
| 258 |
|
certified minority business enterprises and EDGE business
| 259 |
|
enterprises. | 260 |
| (2)
"Bond service fund" means the respective bond service
| 277 |
|
fund
created by section 151.03, 151.04, 151.05, 151.06, 151.07,
| 278 |
|
151.08, 151.09, 151.10, 151.11, or 151.40 of the
Revised Code, and
| 279 |
|
any accounts in
that fund,
including all
moneys and investments,
| 280 |
|
and earnings from
investments, credited
and to be credited to that
| 281 |
|
fund and accounts
as and to the extent
provided in the applicable
| 282 |
|
bond proceedings.
| 283 |
| (4)
"Costs of capital facilities" means the costs of
| 287 |
|
acquiring,
constructing, reconstructing, rehabilitating,
| 288 |
|
remodeling,
renovating, enlarging, improving, equipping, or
| 289 |
|
furnishing capital
facilities, and of the financing of those
| 290 |
|
costs.
"Costs of capital
facilities" includes, without
limitation,
| 291 |
|
and in addition to costs
referred to in section
151.03, 151.04,
| 292 |
|
151.05, 151.06, 151.07,
151.08, 151.09, 151.10, 151.11, or 151.40
| 293 |
|
of the
Revised
Code, the cost of
clearance and preparation of the
| 294 |
|
site
and of any
land to be used
in connection with capital
| 295 |
|
facilities,
the cost of
any indemnity
and surety bonds and
| 296 |
|
premiums on
insurance, all
related direct
administrative expenses
| 297 |
|
and
allocable portions of
direct costs of
the issuing authority,
| 298 |
|
costs
of engineering and
architectural
services, designs, plans,
| 299 |
|
specifications, surveys,
and estimates
of cost, financing costs,
| 300 |
|
interest on obligations
from their date
to the time when interest
| 301 |
|
is to be paid from
sources other than
proceeds of obligations,
| 302 |
|
amounts necessary to
establish any
reserves as required by the
| 303 |
|
bond proceedings, the
reimbursement of
all moneys advanced or
| 304 |
|
applied by or borrowed
from any person or
governmental agency or
| 305 |
|
entity for the payment
of any item of costs
of capital facilities,
| 306 |
|
and all other expenses
necessary or
incident to planning or
| 307 |
|
determining feasibility or
practicability
with respect to capital
| 308 |
|
facilities, and such other
expenses as may
be necessary or
| 309 |
|
incident to the acquisition,
construction,
reconstruction,
| 310 |
|
rehabilitation, remodeling,
renovation,
enlargement, improvement,
| 311 |
|
equipment, and furnishing of
capital
facilities, the financing of
| 312 |
|
those costs, and the placing
of the
capital facilities in use and
| 313 |
|
operation, including any one,
part
of, or combination of those
| 314 |
|
classes of costs and expenses. For purposes of sections 122.085 to
| 315 |
|
122.0820 of the Revised Code, "costs of capital facilities"
| 316 |
|
includes "allowable costs" as defined in section 122.085 of the
| 317 |
|
Revised Code.
| 318 |
| (6)
"Debt service" means principal, including any mandatory
| 322 |
|
sinking fund or redemption requirements for retirement of
| 323 |
|
obligations, interest and other accreted amounts, interest
| 324 |
|
equivalent, and any redemption premium, payable on obligations.
If
| 325 |
|
not prohibited by the applicable bond proceedings, debt service
| 326 |
|
may
include costs relating to credit enhancement facilities that
| 327 |
|
are
related to and represent, or are intended to provide a source
| 328 |
|
of
payment
of or limitation on, other debt service.
| 329 |
| (7)
"Issuing authority" means the Ohio public facilities
| 330 |
|
commission created in section 151.02 of the Revised Code
for
| 331 |
|
obligations issued under section 151.03, 151.04, 151.05,
151.07,
| 332 |
|
151.08, 151.09, 151.10, or 151.11
of the
Revised Code, or
the
| 333 |
|
treasurer of state,
or the
officer who
by law performs the
| 334 |
|
functions of
that office,
for
obligations
issued under section
| 335 |
|
151.06 or 151.40
of the
Revised Code.
| 336 |
| (10)
"Principal amount" means the aggregate of the amount as
| 348 |
|
stated or provided for in the applicable bond proceedings as the
| 349 |
|
amount on which interest or interest equivalent on particular
| 350 |
|
obligations is initially calculated. Principal amount does not
| 351 |
|
include any premium paid to the state by the initial purchaser of
| 352 |
|
the obligations.
"Principal amount" of a capital appreciation
| 353 |
|
bond, as defined in division (C) of section 3334.01 of the Revised
| 354 |
|
Code, means its face amount, and "principal amount" of a zero
| 355 |
|
coupon bond, as defined in division (J) of section 3334.01 of the
| 356 |
|
Revised Code, means the discounted offering price at which the
| 357 |
|
bond is initially sold to the public, disregarding any purchase
| 358 |
|
price discount to the original purchaser, if provided for pursuant
| 359 |
|
to the bond proceedings.
| 360 |
| (11)
"Special funds" or
"funds," unless the context
indicates
| 361 |
|
otherwise, means the bond service fund, and any other
funds,
| 362 |
|
including any reserve funds, created under the bond
proceedings
| 363 |
|
and
stated to be special funds in those proceedings,
including
| 364 |
|
moneys
and investments, and earnings from investments,
credited
| 365 |
|
and to be
credited to the particular fund. Special funds
do not
| 366 |
|
include the
school building program assistance fund created
by
| 367 |
|
section 3318.25
of the Revised Code, the higher education
| 368 |
|
improvement fund created
by division (F) of section 154.21 of the
| 369 |
|
Revised Code, the highway
capital improvement bond fund created by
| 370 |
|
section 5528.53 of the Revised Code,
the state parks
and natural
| 371 |
|
resources fund created
by section 1557.02 of the Revised Code, the
| 372 |
|
coal research and
development fund created by section 1555.15 of
| 373 |
|
the Revised Code,
the clean Ohio conservation fund created by
| 374 |
|
section 164.27 of the Revised Code, the clean Ohio revitalization
| 375 |
|
fund created by section 122.658 of the Revised Code, the job ready
| 376 |
|
site development fund created by section 122.0820 of the Revised
| 377 |
|
Code, the third frontier research and development fund created by
| 378 |
|
section 184.19 of the Revised Code, the third frontier research
| 379 |
|
and development taxable bond fund created by section 184.191 of
| 380 |
|
the Revised Code,
or other
funds created by the bond proceedings
| 381 |
|
that are not stated
by those
proceedings to be special funds.
| 382 |
| (B) Subject to
Section 2l, 2m, 2n,
2o, 2p, 2q, or 15, and
| 383 |
|
Section
17, of
Article VIII, Ohio Constitution, the state, by the
| 384 |
|
issuing
authority, is authorized to issue and sell, as provided in
| 385 |
|
sections 151.03 to
151.11 or 151.40 of the Revised Code,
and in
| 386 |
|
respective
aggregate principal amounts as from time to time
| 387 |
|
provided or
authorized by the general assembly, general
| 388 |
|
obligations of this
state for the purpose of paying costs of
| 389 |
|
capital facilities or
projects identified by or pursuant to
| 390 |
|
general assembly action.
| 391 |
| (C) Each issue of obligations shall be authorized by
| 392 |
|
resolution
or order of the issuing authority. The bond
proceedings
| 393 |
|
shall provide for
or authorize the manner for
determining the
| 394 |
|
principal amount or
maximum principal amount of
obligations of an
| 395 |
|
issue, the principal
maturity or maturities, the
interest rate or
| 396 |
|
rates, the date of
and the dates of payment of
interest on the
| 397 |
|
obligations, their
denominations, and the place or
places of
| 398 |
|
payment of debt service
which may be within or outside
the state.
| 399 |
|
Unless otherwise
provided by law, the latest principal
maturity
| 400 |
|
may not be later
than the earlier of the thirty-first day
of
| 401 |
|
December of the
twenty-fifth calendar year after the year of
| 402 |
|
issuance of the
particular obligations or of the twenty-fifth
| 403 |
|
calendar year after
the year in which the original obligation to
| 404 |
|
pay was issued or
entered into. Sections 9.96, 9.98, 9.981,
9.982,
| 405 |
|
and 9.983 of the Revised
Code apply to obligations. The
purpose of
| 406 |
|
the obligations
may be stated in the bond proceedings
in general
| 407 |
|
terms, such as,
as applicable,
"financing or assisting
in the
| 408 |
|
financing of
projects as provided in Section 2l of Article
VIII,
| 409 |
|
Ohio
Constitution,"
"financing or assisting in the financing
of
| 410 |
|
highway
capital improvement projects as provided in Section 2m
of
| 411 |
|
Article VIII,
Ohio Constitution,"
"paying costs of capital
| 412 |
|
facilities for
a system of common schools throughout the state as
| 413 |
|
authorized by
Section 2n of Article VIII, Ohio Constitution,"
| 414 |
|
"paying
costs of capital facilities for state-supported and
| 415 |
|
state-assisted
institutions of higher education as authorized by
| 416 |
|
Section
2n of Article VIII, Ohio Constitution,"
"paying costs of
| 417 |
|
coal research and development as authorized by Section 15 of
| 418 |
|
Article
VIII, Ohio Constitution,"
"financing or
assisting in
the
| 419 |
|
financing of local subdivision capital improvement
projects as
| 420 |
|
authorized by Section 2m of Article VIII,
Ohio Constitution,"
| 421 |
"paying costs of conservation projects as authorized by Section | 422 |
| Sections 2o and 2q
of Article VIII, Ohio Constitution,"
"paying
| 423 |
costs of
revitalization projects as
authorized by SectionSections | 424 |
|
2o and 2q
of Article
VIII, Ohio Constitution," "paying costs of
| 425 |
|
preparing sites for industry, commerce, distribution, or research
| 426 |
|
and development as authorized by Section 2p of Article VIII, Ohio
| 427 |
|
Constitution," or "paying costs of research and development as
| 428 |
|
authorized by Section 2p of Article VIII, Ohio Constitution."
| 429 |
| (D) The issuing authority may appoint or provide for the
| 430 |
|
appointment of paying agents, bond registrars, securities
| 431 |
|
depositories, clearing corporations, and transfer agents, and may
| 432 |
|
without need for any other approval retain or contract for the
| 433 |
|
services of
underwriters, investment
bankers, financial advisers,
| 434 |
|
accounting experts, marketing,
remarketing, indexing, and
| 435 |
|
administrative agents, other
consultants, and independent
| 436 |
|
contractors, including printing
services, as are necessary in the
| 437 |
|
judgment of the issuing
authority to carry out
the issuing
| 438 |
|
authority's functions under
this
chapter.
When the issuing
| 439 |
|
authority
is
the Ohio public facilities
commission, the issuing
| 440 |
|
authority
also
may without need for any
other approval retain or
| 441 |
|
contract for the
services of attorneys
and other professionals for
| 442 |
|
that purpose.
Financing costs are
payable, as may be provided in
| 443 |
|
the bond
proceedings, from the
proceeds of the obligations, from
| 444 |
|
special
funds, or from other
moneys available for the purpose.
| 445 |
| (3) The establishment, deposit, investment, and application
| 455 |
|
of
special funds, and the safeguarding of moneys on hand or on
| 456 |
|
deposit,
in lieu of the applicability of provisions of Chapter
| 457 |
|
131. or 135.
of the Revised Code, but subject to any special
| 458 |
|
provisions of
sections 151.01 to
151.11 or 151.40 of the
Revised
| 459 |
|
Code with
respect to the
application of particular funds
or
| 460 |
|
moneys. Any
financial
institution that acts as a depository of
any
| 461 |
|
moneys in
special
funds or other funds under the bond
proceedings
| 462 |
|
may
furnish
indemnifying bonds or pledge securities as
required by
| 463 |
|
the
issuing
authority.
| 464 |
| (F) The great seal of the state or a facsimile of it may be
| 499 |
|
affixed to or printed on the obligations. The obligations
| 500 |
|
requiring
execution by or for the issuing authority shall be
| 501 |
|
signed as
provided in the bond proceedings. Any obligations may
be
| 502 |
|
signed
by the individual who on the date of execution is the
| 503 |
|
authorized
signer although on the date of these obligations that
| 504 |
|
individual
is not an authorized signer. In case the individual
| 505 |
|
whose
signature or facsimile signature appears on any obligation
| 506 |
|
ceases
to be an authorized signer before delivery of the
| 507 |
|
obligation, that
signature or facsimile is nevertheless valid and
| 508 |
|
sufficient for
all purposes as if that individual had remained the
| 509 |
|
authorized
signer until delivery.
| 510 |
| (G) Obligations are investment securities under Chapter
1308.
| 511 |
|
of the Revised Code. Obligations may be issued in bearer or
in
| 512 |
|
registered form, registrable as to principal alone or as to
both
| 513 |
|
principal and interest, or both, or in certificated or
| 514 |
|
uncertificated form, as the issuing authority determines.
| 515 |
|
Provision may be made for the exchange, conversion, or transfer of
| 516 |
|
obligations and for reasonable charges for registration, exchange,
| 517 |
|
conversion, and transfer. Pending preparation of final
| 518 |
|
obligations, the issuing authority may provide for the issuance of
| 519 |
|
interim instruments to be exchanged for the final obligations.
| 520 |
| (I) Except to the extent that rights are restricted by the
| 525 |
|
bond
proceedings, any owner of obligations or provider of a credit
| 526 |
|
enhancement facility may by any suitable form of legal proceedings
| 527 |
|
protect and enforce any rights relating to obligations or that
| 528 |
|
facility under the laws of this state or granted by the bond
| 529 |
|
proceedings. Those rights include the right to compel the
| 530 |
|
performance of all applicable duties of the issuing authority and
| 531 |
|
the state. Each duty of the issuing authority and that
authority's
| 532 |
|
officers, staff, and employees, and of each state
entity or
| 533 |
|
agency, or using district or using institution, and its
officers,
| 534 |
|
members, staff, or employees, undertaken pursuant to the
bond
| 535 |
|
proceedings, is hereby established as a duty of the entity or
| 536 |
|
individual having authority to perform that duty, specifically
| 537 |
|
enjoined by law and resulting from an office, trust, or station
| 538 |
|
within the meaning of section 2731.01 of the Revised Code. The
| 539 |
|
individuals who are from time to time the issuing authority,
| 540 |
|
members or
officers of the
issuing authority, or those members'
| 541 |
|
designees acting pursuant to
section 151.02 of the Revised Code,
| 542 |
|
or the issuing authority's officers,
staff, or employees, are not
| 543 |
|
liable in their personal capacities on any
obligations or
| 544 |
|
otherwise under the bond proceedings.
| 545 |
| (a) Obligations in the form of bond anticipation notes, and
| 552 |
|
may
provide for the renewal of those notes from time to time by
| 553 |
|
the
issuance of new notes. The holders of notes or appertaining
| 554 |
|
interest coupons have the right to have debt service on those
| 555 |
|
notes paid solely from the moneys and special funds that are or
| 556 |
|
may be pledged to that payment, including the proceeds of bonds or
| 557 |
|
renewal notes or both, as the issuing authority provides in the
| 558 |
|
bond proceedings authorizing the notes. Notes may be additionally
| 559 |
|
secured by covenants of the issuing authority to the effect that
| 560 |
|
the issuing authority and the state will do all things necessary
| 561 |
|
for the issuance of bonds or renewal notes in such principal
| 562 |
|
amount and upon such terms as may be necessary to provide moneys
| 563 |
|
to pay when due the debt service on the notes, and apply their
| 564 |
|
proceeds to the extent necessary, to make full and timely payment
| 565 |
|
of debt service on the notes as provided in the applicable bond
| 566 |
|
proceedings.
In the bond proceedings authorizing the issuance of
| 567 |
|
bond
anticipation notes the issuing authority shall set forth for
| 568 |
|
the
bonds anticipated an estimated schedule of annual principal
| 569 |
|
payments
the latest of which shall be no later than provided in
| 570 |
|
division
(C) of this section. While the notes are outstanding
| 571 |
|
there shall
be deposited, as shall be provided in the bond
| 572 |
|
proceedings for
those notes, from the sources authorized for
| 573 |
|
payment of debt
service on the bonds, amounts sufficient to pay
| 574 |
|
the principal of
the bonds anticipated as set forth in that
| 575 |
|
estimated schedule
during the time the notes are outstanding,
| 576 |
|
which amounts shall be
used solely to pay the principal of those
| 577 |
|
notes or of the bonds
anticipated.
| 578 |
| (b) Obligations for the refunding, including funding and
| 579 |
|
retirement, and advance refunding with or without payment or
| 580 |
|
redemption prior to maturity, of any obligations previously
| 581 |
|
issued.
Refunding obligations may be issued in amounts sufficient
| 582 |
|
to pay
or to provide for repayment of the principal amount,
| 583 |
|
including
principal amounts maturing prior to the redemption of
| 584 |
|
the
remaining prior obligations, any redemption premium, and
| 585 |
|
interest
accrued or to accrue to the maturity or redemption date
| 586 |
|
or dates,
payable on the prior obligations, and related financing
| 587 |
|
costs and
any expenses incurred or to be incurred in connection
| 588 |
|
with that
issuance and refunding. Subject to the applicable bond
| 589 |
|
proceedings, the portion of the proceeds of the sale of refunding
| 590 |
|
obligations issued under division (J)(1)(b) of this
section to be
| 591 |
|
applied to
debt service on the prior obligations shall be | 592 |
|
credited
to an
appropriate separate account in the bond service | 593 |
|
fund and
held in
trust for the purpose by the issuing authority | 594 |
|
or by a
corporate
trustee. Obligations authorized under this | 595 |
|
division
shall be
considered to be issued for those purposes for | 596 |
|
which the
prior
obligations were issued.
| 597 |
| (K) Obligations are lawful investments for banks, savings
and
| 608 |
|
loan associations, credit union share guaranty corporations,
trust
| 609 |
|
companies, trustees, fiduciaries, insurance companies,
including
| 610 |
|
domestic for life and domestic not for life, trustees or
other
| 611 |
|
officers having charge of sinking and bond retirement or
other
| 612 |
|
special funds of the state and political subdivisions and
taxing
| 613 |
|
districts of this state, the sinking fund, the
administrator of
| 614 |
|
workers' compensation subject to the approval of
the workers'
| 615 |
|
compensation board, the state teachers retirement
system, the
| 616 |
|
public employees retirement system, the school
employees
| 617 |
|
retirement system, and the Ohio police and fire
pension
fund,
| 618 |
|
notwithstanding any other provisions of the Revised Code or
rules
| 619 |
|
adopted pursuant to those provisions by any state
agency
with
| 620 |
|
respect to investments by them, and are also
acceptable as
| 621 |
|
security for the repayment of the deposit of public
moneys. The
| 622 |
|
exemptions from taxation in Ohio as provided for in
particular
| 623 |
|
sections of the Ohio Constitution and section
5709.76 of the
| 624 |
|
Revised Code apply to the obligations.
| 625 |
| (M) The full faith and credit, revenue, and taxing power of
| 636 |
|
the
state are and shall be pledged to the timely payment of debt
| 637 |
|
service on outstanding obligations as it comes due, all in
| 638 |
|
accordance with Section
2k, 2l, 2m, 2n,
2o, 2p, 2q, or 15 of
| 639 |
|
Article VIII,
Ohio
Constitution, and section 151.03, 151.04,
| 640 |
|
151.05, 151.06,
151.07,
151.08, 151.09, 151.10, or 151.11 of the
| 641 |
|
Revised Code. Moneys referred
to in Section
5a
of Article XII,
| 642 |
|
Ohio Constitution, may not be
pledged or used
for
the payment of
| 643 |
|
debt service except on
obligations referred to
in
section 151.06
| 644 |
|
of the Revised Code.
Net
state lottery proceeds, as provided for
| 645 |
|
and referred to in section
3770.06 of the Revised Code, may not be
| 646 |
|
pledged or used for the
payment of debt service except on
| 647 |
|
obligations referred to in
section 151.03 of the Revised Code.
The
| 648 |
|
state covenants, and
that
covenant shall be controlling
| 649 |
|
notwithstanding any other
provision
of law, that the state and the
| 650 |
|
applicable officers and
agencies of
the state, including the
| 651 |
|
general assembly, shall, so
long as any
obligations are
| 652 |
|
outstanding in accordance with their
terms,
maintain statutory
| 653 |
|
authority for and cause to be levied,
collected
and applied
| 654 |
|
sufficient pledged excises, taxes, and
revenues of the
state so
| 655 |
|
that the revenues shall be sufficient in
amounts to pay
debt
| 656 |
|
service when due, to establish and maintain
any reserves and
other
| 657 |
|
requirements, and to pay financing costs,
including costs of
or
| 658 |
|
relating to credit enhancement facilities,
all as provided for
in
| 659 |
|
the bond proceedings. Those excises,
taxes, and revenues are
and
| 660 |
|
shall be deemed to be levied and
collected, in addition to the
| 661 |
|
purposes otherwise provided for by
law, to provide for the payment
| 662 |
|
of debt service and financing
costs in accordance with sections
| 663 |
|
151.01 to
151.11 of the Revised Code and the
bond
proceedings.
| 664 |
| (N) The general assembly may from time to time repeal or
| 665 |
|
reduce
any excise, tax, or other source of revenue pledged to the
| 666 |
|
payment
of the debt service pursuant to Section
2k, 2l, 2m, 2n,
| 667 |
|
2o, 2p, 2q, or
15
of
Article VIII, Ohio Constitution, and sections
| 668 |
|
151.01
to
151.11 or 151.40
of the Revised Code, and may levy,
| 669 |
|
collect
and
apply
any
new or
increased excise, tax, or revenue to
| 670 |
|
meet the
pledge,
to
the
payment of debt service on outstanding
| 671 |
|
obligations,
of the
state's
full faith and credit, revenue and
| 672 |
|
taxing power,
or
of designated revenues and receipts, except
| 673 |
|
fees,
excises or taxes
referred to in Section 5a of
Article XII,
| 674 |
|
Ohio
Constitution, for
other than obligations referred to in
| 675 |
|
section
151.06 of the
Revised Code and except net state lottery
| 676 |
|
proceeds
for other than
obligations referred to in section 151.03
| 677 |
|
of the
Revised Code.
Nothing in division (N) of this section
| 678 |
|
authorizes
any
impairment
of the obligation of this state to levy
| 679 |
|
and collect
sufficient
excises, taxes, and revenues to pay debt
| 680 |
|
service on
obligations
outstanding in accordance with their | 681 |
|
terms.
| 682 |
| (Q)
The issuing authority shall by the
fifteenth day of
July
| 700 |
|
of each fiscal year, certify or cause to
be certified to the
| 701 |
|
office of budget and
management the total
amount of moneys
| 702 |
|
required during the current
fiscal year to meet
in full all debt
| 703 |
|
service on the respective
obligations and any
related financing
| 704 |
|
costs payable from the
applicable bond service
fund and not from
| 705 |
|
the proceeds of
refunding or renewal
obligations. The issuing
| 706 |
|
authority
shall make or cause to be made
supplemental
| 707 |
|
certifications to the
office of budget and management
for each
| 708 |
|
debt service payment date
and at such other times during
each
| 709 |
|
fiscal year as may be provided
in the bond proceedings or
| 710 |
|
requested by that office. Debt
service, costs of credit
| 711 |
|
enhancement facilities, and other
financing costs shall be set
| 712 |
|
forth separately in each
certification. If and so long as the
| 713 |
|
moneys to
the credit of the bond service fund, together with any
| 714 |
|
other
moneys available for the purpose, are insufficient to meet
| 715 |
|
in full
all payments when due of the amount required as stated in
| 716 |
|
the
certificate or otherwise, the office of budget and management
| 717 |
|
shall at the times as provided in the bond proceedings, and
| 718 |
|
consistent with any particular provisions in sections 151.03 to
| 719 |
|
151.11 and 151.40 of the Revised Code, transfer a sufficient
| 720 |
|
amount to
the
bond service fund from the pledged revenues in the
| 721 |
|
case of obligations issued pursuant to section 151.40 of the
| 722 |
|
Revised Code, and in the case of other obligations from the
| 723 |
|
revenues derived from excises,
taxes,
and other revenues,
| 724 |
|
including net state lottery proceeds in
the
case of obligations
| 725 |
|
referred to in section 151.03 of the
Revised
Code.
| 726 |
| (B)(1) The issuing authority shall issue general
obligations
| 766 |
|
of the state to pay
costs of conservation projects
pursuant to
| 767 |
|
division (B)(1) of
Section 2o of Article VIII, Ohio
Constitution,
| 768 |
| division (B)(1) of Section 2q of Article VIII, Ohio Constitution, | 769 |
|
section 151.01 of
the Revised Code, and this
section. The issuing
| 770 |
|
authority, upon
the certification to it by
the Ohio public works
| 771 |
|
commission of amounts needed in and for the
purposes of the clean
| 772 |
|
Ohio conservation
fund created by section
164.27 of the Revised
| 773 |
|
Code, the clean
Ohio agricultural easement
fund created by
| 774 |
|
section
901.21 of the
Revised Code, and the clean
Ohio trail | 775 |
|
fund
created
by section
1519.05 of the Revised Code,
shall issue
| 776 |
|
obligations in
the amount determined by the
issuing
authority to
| 777 |
be required for
those purposes. Not more than twofour hundred | 778 |
|
million dollars
principal
amount of
obligations issued under | 779 |
|
this section for
conservation purposes may be outstanding at any | 780 |
|
one time. Not more
than fifty million dollars principal amount | 781 |
|
of obligations, plus
the principal amount of obligations that in | 782 |
|
any prior fiscal year
could have been, but were not issued | 783 |
|
within the
fifty-million-dollar fiscal year limit, may be issued | 784 |
|
in any
fiscal year.
| 785 |
| (D) There is hereby created in the state treasury the
| 801 |
|
conservation projects bond service fund. All moneys received by
| 802 |
|
the
state and required by the bond proceedings, consistent with
| 803 |
|
section 151.01 of the Revised Code and this section, to be
| 804 |
|
deposited,
transferred, or credited to the bond service fund, and
| 805 |
|
all other
moneys transferred or allocated to or received for the
| 806 |
|
purposes of
that fund, shall be deposited and credited to the bond
| 807 |
|
service
fund, subject to any applicable provisions of the bond
| 808 |
|
proceedings, but without necessity for any act of appropriation.
| 809 |
|
During the period beginning with the date of the first issuance of
| 810 |
|
obligations and continuing during the time that any obligations
| 811 |
|
are outstanding in accordance with their terms, so long as moneys
| 812 |
|
in the bond service fund are insufficient to pay debt service when
| 813 |
|
due on those obligations payable from that fund, except the
| 814 |
|
principal amounts of bond anticipation notes payable from the
| 815 |
|
proceeds of renewal notes or bonds anticipated, and due in the
| 816 |
|
particular fiscal year, a sufficient amount of revenues of the
| 817 |
|
state is committed and, without necessity for further act of
| 818 |
|
appropriation, shall be paid to the bond service fund for the
| 819 |
|
purpose of paying that debt service when due.
| 820 |
| (5) "Pledged liquor profits" means all receipts of the
state
| 834 |
|
representing the gross profit on the sale of spirituous
liquor, as
| 835 |
|
referred to in division (B)(4) of section 4301.10 of
the Revised
| 836 |
|
Code, after paying all costs and expenses of the
division of
| 837 |
|
liquor control and providing an adequate working
capital reserve
| 838 |
|
for the division of liquor control as provided in
that division,
| 839 |
|
but excluding the sum required by the second
paragraph of section
| 840 |
|
4301.12 of the Revised Code, as it was in
effect on May 2, 1980,
| 841 |
|
to be paid into the state treasury.
| 842 |
| (B)(1) The issuing authority shall issue obligations of the
| 861 |
|
state to pay
costs of revitalization projects pursuant to division
| 862 |
|
(B)(2) of
Section 2o of Article VIII, Ohio Constitution, division
| 863 |
|
(B)(2) of Section 2q of Article VIII, Ohio Constitution, section
| 864 |
|
151.01 of
the Revised Code as applicable to this section, and | 865 |
|
this
section. The issuing authority, upon
the certification to it | 866 |
|
by
the clean Ohio council of the amount of
moneys needed in and | 867 |
|
for
the purposes of the clean Ohio revitalization
fund created by
| 868 |
|
section 122.658 of the Revised Code, shall issue
obligations in
| 869 |
|
the
amount determined by the issuing
authority to be required for
| 870 |
those purposes. Not more than twofour hundred million dollars
| 871 |
|
principal amount of obligations issued
under this section for
| 872 |
|
revitalization purposes may be outstanding at any one time. Not
| 873 |
|
more than fifty million dollars principal amount of obligations,
| 874 |
|
plus the principal amount of obligations that in any prior fiscal
| 875 |
|
year could have been, but were not issued within the
| 876 |
|
fifty-million-dollar fiscal year limit, may be issued in any
| 877 |
|
fiscal year.
| 878 |
| (D) There is hereby created the
revitalization projects
bond
| 886 |
|
service fund, which shall be in the custody of the treasurer
of
| 887 |
|
state, but shall be separate and apart from and not a part of
the
| 888 |
|
state treasury. All money received by
the state and required
by
| 889 |
|
the bond proceedings, consistent with
section 151.01 of the
| 890 |
|
Revised Code and this section, to be
deposited, transferred, or
| 891 |
|
credited to the bond service fund, and
all other money transferred
| 892 |
|
or allocated to or received for the
purposes of that fund, shall
| 893 |
|
be deposited and credited to the bond
service fund, subject to any
| 894 |
|
applicable provisions of the bond
proceedings, but without
| 895 |
|
necessity for any act of appropriation.
During the period
| 896 |
|
beginning with the date of the first issuance of
obligations and
| 897 |
|
continuing during the time that any obligations
are outstanding in
| 898 |
|
accordance with their terms, so long as moneys
in the bond service
| 899 |
|
fund are insufficient to pay debt service when
due on those
| 900 |
|
obligations payable from that fund, except the
principal amounts
| 901 |
|
of bond anticipation notes payable from the
proceeds of renewal
| 902 |
|
notes or bonds anticipated, and due in the
particular fiscal year,
| 903 |
|
a sufficient amount of pledged receipts is
committed and, without
| 904 |
|
necessity for further act of appropriation,
shall be paid to the
| 905 |
|
bond service fund for the purpose of paying
that debt service when
| 906 |
|
due.
| 907 |
| (F) The issuing authority may covenant in the bond
| 917 |
|
proceedings, and such covenants shall be controlling
| 918 |
|
notwithstanding any other provision of law, that the state and
| 919 |
|
applicable officers and state agencies, including the general
| 920 |
|
assembly, so long as any obligations issued under this section are
| 921 |
|
outstanding, shall maintain statutory authority for and cause to
| 922 |
|
be charged and collected wholesale or retail prices for spirituous
| 923 |
|
liquor sold by the state or its agents so that the available
| 924 |
|
pledged receipts are sufficient in time and amount to meet debt
| 925 |
|
service payable from pledged liquor profits and for the
| 926 |
|
establishment and maintenance of any reserves and other
| 927 |
|
requirements provided for in the bond proceedings.
| 928 |
| (G) Obligations
may be further secured, as determined by
the
| 929 |
|
issuing authority, by a trust agreement between
the state and
a
| 930 |
|
corporate trustee, which may be
any trust company
or bank having
a
| 931 |
|
place of business
within the state.
Any trust
agreement may
| 932 |
|
contain the
resolution or
order authorizing the
issuance of the
| 933 |
|
obligations,
any provisions
that may be contained
in any bond
| 934 |
|
proceedings, and
other
provisions that are customary
or
| 935 |
|
appropriate in an agreement
of that type, including, but not
| 936 |
|
limited to:
| 937 |
| (H) The obligations shall not be
general obligations of the
| 950 |
|
state and the full faith and credit, revenue, and taxing power of
| 951 |
|
the state shall not be pledged to the payment of debt service on
| 952 |
|
them. The holders
or owners of the obligations shall have no right
| 953 |
|
to have any moneys obligated or
pledged for the payment of debt
| 954 |
|
service except as provided in
this section and in the applicable
| 955 |
|
bond proceedings. The rights
of the holders and owners to payment
| 956 |
|
of debt service are limited
to all or that portion of the pledged
| 957 |
|
receipts, and those special
funds, pledged to the payment of debt
| 958 |
|
service pursuant to the bond
proceedings in accordance with this
| 959 |
|
section, and each obligation
shall bear on its face a statement to
| 960 |
|
that effect.
| 961 |
| Sec. 167.081. If sections 153.50, 153.51, and 153.52 of the | 962 |
|
Revised Code do not apply, the council may enter into a contract | 963 |
|
that establishes a unit price for, and provides upon a per unit | 964 |
|
basis, materials, labor, services, overhead, profit, and | 965 |
|
associated expenses for the repair, enlargement, improvement, or | 966 |
|
demolition of a building or structure if the contract is awarded | 967 |
|
pursuant to a competitive bidding procedure of a county, municipal | 968 |
|
corporation, or township or a special district, school district, | 969 |
|
or other political subdivision that is a council member; a | 970 |
|
statewide consortium of which the council is a member; or a | 971 |
|
multistate consortium of which the council is a member. | 972 |
| A county, municipal corporation, or township and a
special | 980 |
|
district, school district, or other political subdivision
that is | 981 |
|
a council member may participate in a contract entered
into under | 982 |
|
this section. Purchases under a contract entered into
under this | 983 |
|
section are exempt from any competitive selection or
bidding | 984 |
|
requirements otherwise required by law. A county,
municipal | 985 |
|
corporation, or township or a special district, school
district, | 986 |
|
or other political subdivision that is a member of the
council is | 987 |
|
not entitled to participate in a contract entered into
under this | 988 |
|
section if it has received bids for the same work under
another | 989 |
|
contract, unless participation in a contract under this
section | 990 |
|
will enable the member to obtain the same work, upon the
same | 991 |
|
terms, conditions, and specifications, at a lower price. | 992 |
| Sec. 1345.52. There is hereby created in the state
treasury | 1093 |
|
the title defect recision fund. The fund shall consist of moneys | 1094 |
|
paid
into the fund by the registrar of motor vehicles under | 1095 |
|
division (B)(4) of section 4505.09 of the Revised Code consisting | 1096 |
|
of fees received from motor vehicle dealers, moneys paid to the | 1097 |
|
attorney general by motor vehicle dealers under division
(A) of | 1098 |
|
section 4505.181 of the
Revised Code
for deposit into the fund, | 1099 |
|
the proceeds of all sales conducted and collections
obtained by | 1100 |
|
the attorney general under division
(D) of that section, and any | 1101 |
|
recoveries to the
fund obtained by the attorney general in actions | 1102 |
|
filed under section 1345.07
of
the Revised
Code for violations of | 1103 |
|
section 4505.181 of the
Revised
Code. | 1104 |
| Moneys in the fund shall be used solely for maintaining and | 1105 |
|
administering
the fund, providing restitution pursuant to division | 1106 |
|
(D) of section 4505.181 of the
Revised Code
to retail purchasers | 1107 |
|
of motor vehicles who suffer damages due to failure of a
motor | 1108 |
|
vehicle dealer or person acting on behalf of such a dealer to | 1109 |
|
comply
with
that section, and pursuit of deficiencies in the fund | 1110 |
|
caused by the failure of
motor vehicle dealers to comply with | 1111 |
|
divisions
(A), (B), and
(G) of that section. The attorney general | 1112 |
|
may
adopt rules governing the maintenance and administration of | 1113 |
|
the fund. | 1114 |
| (h) The state board of pharmacy has adopted a rule pursuant | 1184 |
|
to section 4729.041 of the Revised Code that specifies the amount | 1185 |
|
of salvia divinorum and the amount of salvinorin A that constitute | 1186 |
|
concentrations of salvia divinorum and salvinorin A in a person's | 1187 |
|
urine, in a person's whole blood, or in a person's blood serum or | 1188 |
|
plasma at or above which the person is impaired for purposes of | 1189 |
|
operating or being in physical control of any vessel underway or | 1190 |
|
manipulating any water skis, aquaplane, or similar device on the | 1191 |
|
waters of this state, the rule is in effect, and the person has a | 1192 |
|
concentration of salvia divinorum or salvinorin A of at least that | 1193 |
|
amount so specified by rule in the person's urine, in the person's | 1194 |
|
whole blood, or in the person's blood serum or plasma. | 1195 |
| (i) The person is under the influence of alcohol, a drug of | 1197 |
|
abuse, or a combination of them, and, as measured by gas | 1198 |
|
chromatography mass spectrometry, the person has a concentration | 1199 |
|
of marihuana metabolite in the person's urine of at least fifteen | 1200 |
|
nanograms of marihuana metabolite per milliliter of the person's | 1201 |
|
urine or has a concentration of marihuana metabolite in the | 1202 |
|
person's whole blood or blood serum or plasma of at least five | 1203 |
|
nanograms of marihuana metabolite per milliliter of the person's | 1204 |
|
whole blood or blood serum or plasma. | 1205 |
| (b) In any criminal prosecution
or juvenile court
proceeding | 1258 |
|
for a violation of
division (A) or (B) of this
section
or
for an | 1259 |
|
equivalent
offense that is watercraft-related, the court
may | 1260 |
|
admit evidence on
the concentration of
alcohol,
drugs of
abuse, | 1261 |
|
controlled substances, metabolites of a controlled
substance,
or | 1262 |
|
a
combination of
them in the
defendant's
or child's
whole blood, | 1263 |
|
blood serum or
plasma, urine,
or
breath at the time
of the | 1264 |
|
alleged violation as
shown by
chemical
analysis of the
substance | 1265 |
|
withdrawn, or
specimen taken
within
three hours of the
time of the | 1266 |
|
alleged
violation. The three-hour time limit specified
in this | 1267 |
|
division regarding the admission of evidence does not
extend or | 1268 |
|
affect the two-hour time limit specified in division (C)
of | 1269 |
|
section 1547.111 of the Revised Code as the maximum period of | 1270 |
|
time during which a person may consent to a chemical test or tests | 1271 |
|
as described in that section. The court may admit evidence on the | 1272 |
|
concentration of alcohol, drugs of abuse, or a combination of them | 1273 |
|
as described in this division when
a person submits to a blood, | 1274 |
|
breath, urine, or other
bodily substance test at the request of a | 1275 |
|
law enforcement
officer under section 1547.111 of the Revised | 1276 |
|
Code or a blood or
urine sample is obtained pursuant to a search | 1277 |
|
warrant. Only a
physician,
a
registered nurse, an emergency | 1278 |
|
medical technician, or
a qualified
technician,
chemist,
or | 1279 |
|
phlebotomist shall
withdraw blood for the
purpose of
determining
| 1280 |
|
the alcohol, drug, controlled substance,
metabolite of
a | 1281 |
|
controlled substance,
or combination
content
of
the whole
blood, | 1282 |
|
blood serum, or blood plasma. This
limitation
does not
apply to | 1283 |
|
the taking
of breath or urine specimens. A
person
authorized to | 1284 |
|
withdraw blood
under this division may refuse
to
withdraw blood
| 1285 |
|
under
this division
if, in
that person's
opinion, the
physical | 1286 |
|
welfare of the
defendant or
child would be
endangered by | 1287 |
|
withdrawing
blood. | 1288 |
| (2)
In a criminal prosecution or juvenile court
proceeding | 1294 |
|
for a violation of division (A) of this section or for
an | 1295 |
|
equivalent offense that is watercraft-related, if there
was at | 1296 |
|
the time the
bodily substance was
taken a
concentration of
less | 1297 |
|
than
the
applicable concentration
of
alcohol specified
for a | 1298 |
|
violation of
division (A)(2), (3), (4),
or
(5) of this
section or | 1299 |
|
less than the applicable concentration of a listed controlled | 1300 |
|
substance or a listed metabolite of a controlled substance | 1301 |
|
specified for a violation of division (A)(6) of this section,
that | 1302 |
|
fact may
be considered with other
competent evidence
in | 1303 |
|
determining the
guilt or innocence of the
defendant
or in making | 1304 |
|
an
adjudication
for the child.
This
division
does not limit or | 1305 |
|
affect a
criminal
prosecution or
juvenile court
proceeding for a | 1306 |
|
violation of
division
(B) of this
section or for
a violation of a | 1307 |
|
prohibition
that is
substantially
equivalent to
that division. | 1308 |
| If the chemical test was administered pursuant to
division | 1313 |
|
(D)(1)(b) of this section, the person tested may have a | 1314 |
|
physician,
a registered nurse,
or
a qualified technician, chemist, | 1315 |
|
or
phlebotomist of the
person's own
choosing administer
a chemical | 1316 |
|
test or tests in
addition to any administered at the
direction of | 1317 |
|
a law enforcement
officer, and shall be so advised.
The failure or | 1318 |
|
inability to
obtain an additional test by a person
shall not | 1319 |
|
preclude the
admission of evidence relating to the test
or tests | 1320 |
|
taken at the
direction of a law enforcement officer. | 1321 |
| (E)(1) In any criminal prosecution or juvenile court | 1322 |
|
proceeding for a violation of division (A) or (B) of this section, | 1323 |
|
of a municipal ordinance relating
to operating or being in | 1324 |
|
physical control of any vessel underway
or to manipulating any | 1325 |
|
water skis, aquaplane, or similar device on
the waters of this | 1326 |
|
state while under the influence of alcohol, a
drug of abuse, or a | 1327 |
|
combination of them, or of a municipal
ordinance relating to | 1328 |
|
operating or being in physical control of
any vessel underway or | 1329 |
|
to manipulating any water skis, aquaplane,
or similar device on | 1330 |
|
the waters of this state with a prohibited
concentration of | 1331 |
|
alcohol, a controlled substance, or a metabolite
of a controlled | 1332 |
|
substance in the whole blood, blood serum or
plasma, breath, or | 1333 |
|
urine, if a law enforcement officer has
administered a field | 1334 |
|
sobriety test to the operator or person found
to be in physical | 1335 |
|
control of the vessel underway involved in the
violation or the | 1336 |
|
person manipulating the water skis, aquaplane, or
similar device | 1337 |
|
involved in the violation and if it is shown by
clear and | 1338 |
|
convincing evidence that the officer
administered the
test
in | 1339 |
|
substantial compliance with the testing
standards for
reliable, | 1340 |
|
credible, and generally accepted field
sobriety tests
for vehicles | 1341 |
|
that were in effect at the time the
tests were
administered, | 1342 |
|
including, but not limited to, any
testing standards
then in | 1343 |
|
effect that have been set by the
national
highway traffic
safety | 1344 |
|
administration, that by their
nature are not
clearly
inapplicable | 1345 |
|
regarding the operation or
physical control
of
vessels underway or | 1346 |
|
the manipulation of water
skis, aquaplanes,
or
similar devices, | 1347 |
|
all of the following apply: | 1348 |
| (F)(1)
Subject to division
(F)(3) of this section, in
any | 1367 |
|
criminal prosecution or juvenile court proceeding for a violation | 1368 |
|
of division (A) or (B) of this
section or for an equivalent
| 1369 |
|
offense that is substantially equivalent to either of
those | 1370 |
|
divisions, the court shall
admit as prima-facie
evidence a | 1371 |
|
laboratory report from any
laboratory
personnel issued a permit by | 1372 |
|
the department of health authorizing an analysis as described in | 1373 |
|
this division that
contains an analysis of
the whole blood, blood | 1374 |
|
serum or plasma,
breath, urine, or other
bodily substance tested | 1375 |
|
and that contains
all of the information
specified in this | 1376 |
|
division. The laboratory
report shall contain
all of the | 1377 |
|
following: | 1378 |
| (G) Except as otherwise provided in this division, any | 1413 |
|
physician, registered nurse, emergency medical technician, or | 1414 |
|
qualified technician,
chemist,
or
phlebotomist who withdraws blood | 1415 |
|
from a person
pursuant to this
section or section 1547.111 of the | 1416 |
|
Revised Code, and a hospital,
first-aid station, or clinic at | 1417 |
|
which
blood is withdrawn from a
person pursuant to this section | 1418 |
|
or section 1547.111 of the Revised
Code, is
immune from criminal
| 1419 |
|
and
civil liability
based upon a
claim of
assault and battery or
| 1420 |
|
any
other
claim that is not
a
claim of
malpractice, for
any
act | 1421 |
|
performed in withdrawing blood
from the
person. The immunity | 1422 |
|
provided in this division also extends to an emergency medical | 1423 |
|
service organization that employs an emergency medical technician | 1424 |
|
who withdraws blood pursuant to this section.
The immunity | 1425 |
|
provided in this division is not
available to
a person who | 1426 |
|
withdraws blood if the person engages in
willful or
wanton | 1427 |
|
misconduct. | 1428 |
| (b) A violation of a municipal ordinance prohibiting a person | 1462 |
|
from operating or being in physical control of any vessel underway | 1463 |
|
or from manipulating any water skis, aquaplane, or similar device | 1464 |
|
on the waters of this state while under the influence of alcohol, | 1465 |
|
a drug of abuse, or a combination of them or prohibiting a person | 1466 |
|
from operating or being in physical control of any vessel underway | 1467 |
|
or from manipulating any water skis, aquaplane, or similar device | 1468 |
|
on the waters of this state with a prohibited concentration of | 1469 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 1470 |
|
substance in the whole blood, blood serum or plasma, breath, or | 1471 |
|
urine; | 1472 |
| (d) The employee is not,
and does not become, covered by or | 1541 |
|
eligible for coverage by any
other insured or uninsured | 1542 |
|
arrangement that provides hospital,
surgical, or medical coverage | 1543 |
|
for individuals in a group and
under which the employee was not | 1544 |
|
covered immediately prior to
the termination of employment. A | 1545 |
|
person eligible for
continuation of coverage under this section, | 1546 |
|
who is also
eligible for coverage under section 3923.123 of the | 1547 |
|
Revised Code, may elect either
coverage, but not both. A person | 1548 |
|
who elects continuation of
coverage may elect any coverage | 1549 |
|
available under section 3923.123
of the Revised
Code upon the | 1550 |
|
termination of
the continuation of coverage. | 1551 |
| (3) If an offender previously has been convicted of or
| 1659 |
|
pleaded guilty to two or more violations of this section or a
| 1660 |
|
substantially equivalent municipal ordinance, and the offender, in
| 1661 |
|
committing each violation, used an all-purpose vehicle, the court,
| 1662 |
|
in addition to or independent of all other penalties imposed for
| 1663 |
|
the violation, may impound the certificate of registration and
| 1664 |
|
license plate of that all-purpose vehicle for not less than sixty
| 1665 |
|
days. In such a case, section 4519.47 of the Revised Code applies. | 1666 |
| The clerk of the court shall transmit thirty-five per cent of
| 1684 |
|
all
additional court
costs collected pursuant to this division
| 1685 |
|
during
a month on or before the
twenty-third day of the
| 1686 |
following month to the
division of
criminal justice services,
| 1687 |
and the division of
criminal justice
services shall deposit the
| 1688 |
money
so transmitted
intostate treasury of which ninety-seven
| 1689 |
|
per cent shall be credited to the drug law enforcement fund
| 1690 |
|
created
under
section 5502.68
of the Revised Code and the
| 1691 |
|
remaining three per cent shall be credited to the justice program
| 1692 |
|
services fund created under section 5502.67 of the Revised Code.
| 1693 |
|
The clerk shall
transmit fifteen per cent of
all additional
| 1694 |
|
court costs so
collected during a month on or before the
| 1695 |
|
twenty-third day of the
following month to the
county or
| 1696 |
|
municipal indigent drivers
alcohol treatment fund under
the
| 1697 |
|
control of that court, as
created
by the county or municipal
| 1698 |
|
corporation under division
(H) of section
4511.191 of the
| 1699 |
|
Revised
Code.
The clerk shall
transmit fifty per
cent of all
| 1700 |
|
additional court
costs so
collected
during a month on
or
| 1701 |
|
before the twenty-third
day of
the following month to
the
| 1702 |
|
state treasury to be credited
to the
indigent
defense support
| 1703 |
|
fund created pursuant to section
120.08 of the
Revised Code.
| 1704 |
| The clerk of the court shall transmit thirty-five per cent of
| 1712 |
|
all
additional court
costs collected pursuant to this division
| 1713 |
|
during
a month on or before the
twenty-third day of the
| 1714 |
following month to the
division of
criminal justice services,
| 1715 |
and the division of
criminal justice
services shall deposit the
| 1716 |
money
so transmitted
intostate treasury of which ninety-seven
| 1717 |
|
per cent shall be credited to the drug law enforcement fund
| 1718 |
|
created
under
section 5502.68
of the Revised Code and the
| 1719 |
|
remaining three per cent shall be credited to the justice program
| 1720 |
|
services fund created under section 5502.67 of the Revised Code.
| 1721 |
|
The clerk shall
transmit fifteen per cent of
all additional
| 1722 |
|
court costs so
collected during a month on or before the
| 1723 |
|
twenty-third day of the
following month to the
county juvenile
| 1724 |
|
indigent drivers alcohol
treatment fund under the
control of
| 1725 |
|
that court, as created
by
the county under
division (H) of
| 1726 |
|
section 4511.191 of the Revised
Code. The clerk
shall
transmit
| 1727 |
|
fifty per
cent of all additional
court costs so
collected
| 1728 |
|
during a month
on or before the
twenty-third day of
the
| 1729 |
|
following month to
the
state treasury
to be credited to the
| 1730 |
|
indigent
defense support
fund created
pursuant to section
| 1731 |
|
120.08
of the
Revised Code.
| 1732 |
| (C) Whenever a person is charged with any offense that is a
| 1733 |
|
moving violation and posts bail, the court shall add to the amount
| 1734 |
|
of the bail the ten dollars required to be paid by division (A)
| 1735 |
|
of this section. The clerk of the court shall retain the ten
| 1736 |
|
dollars until the person is convicted, pleads guilty, forfeits
| 1737 |
|
bail, is found not guilty, or has the charges dismissed. If the
| 1738 |
|
person is convicted, pleads guilty, or forfeits bail, the clerk
| 1739 |
|
shall transmit three dollars and fifty cents out of the ten
| 1740 |
dollars to the
division of criminal
justice services, and the
| 1741 |
division of
criminal justice services
shall deposit the money so
| 1742 |
transmitted
intostate treasury of which ninety-seven
per cent
| 1743 |
|
shall be credited to the drug law enforcement fund created under
| 1744 |
|
section 5502.68
of the Revised Code and the
remaining three per
| 1745 |
|
cent shall be credited to the justice program
services fund
| 1746 |
|
created under section 5502.67 of the Revised Code, the clerk shall
| 1747 |
|
transmit one
dollar and fifty
cents out
of
the ten dollars to
| 1748 |
|
the
county,
municipal, or county
juvenile indigent drivers
| 1749 |
|
alcohol
treatment
fund under the
control of that court, as
| 1750 |
|
created
by the county
or municipal
corporation under division
| 1751 |
|
(H) of section
4511.191
of the Revised
Code,
and the clerk
| 1752 |
|
shall
transmit five
dollars
out of the ten dollars
to the
| 1753 |
|
state
treasury to be
credited to
the indigent defense
support
| 1754 |
|
fund
created under
section 120.08
of the Revised Code.
If the
| 1755 |
|
person
is found not
guilty or
the
charges are
dismissed, the
| 1756 |
|
clerk
shall return the
ten
dollars
to the
person.
| 1757 |
| (b) If the board determines that a conflict exists and that | 1802 |
|
the regulation is necessary to protect the health or safety of the | 1803 |
|
persons within the local governing authority's jurisdiction, the | 1804 |
|
board shall adopt a rule to incorporate the regulation into the | 1805 |
|
state residential building code in accordance with division (D)(2) | 1806 |
|
of section 4740.14 of the Revised Code. Until the rule becomes a | 1807 |
|
part of the state residential building code, the board shall grant | 1808 |
|
a temporary variance to the local governing authority and any | 1809 |
|
similarly situated local governing authority to which the board | 1810 |
|
determines the temporary variance should apply. | 1811 |
| Sec. 3781.10. (A)(1) The board of building standards shall
| 1816 |
|
formulate and adopt rules governing the erection,
construction,
| 1817 |
|
repair, alteration, and maintenance of all
buildings
or classes of
| 1818 |
|
buildings specified in section 3781.06 of
the
Revised Code,
| 1819 |
|
including land area incidental to those buildings, the
| 1820 |
|
construction of industrialized units, the installation of
| 1821 |
|
equipment, and the standards or requirements for materials
used
| 1822 |
|
in connection with those buildings. The board shall incorporate
| 1823 |
|
those rules into
separate residential and nonresidential building
| 1824 |
|
codes. The residential
building code adopted by the board shall | 1825 |
|
be the only code for
one-, two-, and three-family dwellings and | 1826 |
|
shall include
sanitation and plumbing standards. The
standards | 1827 |
|
shall relate to the
conservation of energy
and the
safety and | 1828 |
|
sanitation of
those
buildings.
| 1829 |
| (2) The rules governing nonresidential buildings are
the
| 1830 |
|
lawful minimum
requirements
specified for those buildings and
| 1831 |
|
industrialized
units,
except that
no rule other than as provided
| 1832 |
|
in division (C) of
section
3781.108 of
the Revised Code that
| 1833 |
|
specifies a higher
requirement
than is
imposed by any section of
| 1834 |
|
the Revised Code
is
enforceable. The rules governing residential
| 1835 |
|
buildings are uniform requirements for residential buildings in
| 1836 |
|
any area with a building department certified to enforce the state
| 1837 |
|
residential building code. In no case shall any local code or
| 1838 |
regulation differ fromconflict with the state residential | 1839 |
|
building code unless
that code or regulation addresses subject | 1840 |
|
matter not addressed by
the state residential building code or | 1841 |
|
is adopted pursuant to
section 3781.01 of the Revised Code.
| 1842 |
| (3) The rules adopted pursuant to this section are complete,
| 1843 |
|
lawful
alternatives to
any requirements specified for
buildings
| 1844 |
or
industrialized
units in any section of the Revised
Code. The | 1845 |
| Except as otherwise limited by division (I) of this section, the | 1846 |
|
board shall, on
its own motion or on application
made under
| 1847 |
|
sections 3781.12 and
3781.13 of the Revised Code,
formulate,
| 1848 |
|
propose, adopt, modify,
amend, or repeal the rules to
the extent
| 1849 |
|
necessary or desirable to
effectuate the purposes of
sections
| 1850 |
|
3781.06 to 3781.18 of the
Revised Code.
| 1851 |
| (B) The board shall report to the general assembly proposals
| 1852 |
|
for
amendments to existing statutes relating to the purposes
| 1853 |
|
declared
in section 3781.06 of the Revised Code that public health
| 1854 |
|
and
safety
and the development of the arts require and shall
| 1855 |
|
recommend any
additional
legislation to assist in carrying
out
| 1856 |
|
fully, in
statutory form, the purposes declared in that
section.
| 1857 |
|
The board shall prepare
and submit to the general assembly a
| 1858 |
|
summary
report of the number,
nature, and disposition of the
| 1859 |
|
petitions
filed under sections
3781.13 and 3781.14 of the Revised
| 1860 |
|
Code.
| 1861 |
| (C) On its own motion or on application
made under sections
| 1862 |
|
3781.12 and 3781.13 of the Revised Code, and
after thorough
| 1863 |
|
testing and evaluation, the board shall determine by rule that any
| 1864 |
|
particular
fixture,
device, material, process of manufacture,
| 1865 |
|
manufactured
unit or
component, method of manufacture, system, or
| 1866 |
|
method of
construction complies with performance standards adopted
| 1867 |
|
pursuant
to section 3781.11 of the Revised Code. The board shall
| 1868 |
|
make its determination with regard to
adaptability for safe and
| 1869 |
|
sanitary erection, use, or
construction,
to that described in any
| 1870 |
|
section of the Revised
Code, wherever the
use of a fixture,
| 1871 |
|
device, material, method of
manufacture, system,
or method of
| 1872 |
|
construction described
in that section of
the Revised Code is
| 1873 |
|
permitted by law. The board shall
amend or annul any rule or issue
| 1874 |
|
an
authorization for the use
of a new material or manufactured
| 1875 |
|
unit on any like application. No department,
officer, board, or
| 1876 |
|
commission of the state
other than the board of
building standards
| 1877 |
|
or the board of
building appeals shall permit
the use of any
| 1878 |
|
fixture, device,
material, method of manufacture,
newly designed
| 1879 |
|
product, system,
or method of construction at
variance with what
| 1880 |
|
is described in
any rule the board of building standards adopts or
| 1881 |
|
issues or that is authorized by any
section of the Revised Code.
| 1882 |
|
Nothing in this
section shall be
construed as requiring approval,
| 1883 |
|
by rule, of
plans for an
industrialized unit that conforms with
| 1884 |
|
the rules
the
board of building standards adopts pursuant to
| 1885 |
|
section
3781.11 of the
Revised Code.
| 1886 |
| (D) The board shall recommend rules, codes, and standards to
| 1887 |
|
help carry out the purposes of section 3781.06 of the Revised Code
| 1888 |
|
and to help secure uniformity of state administrative rulings and
| 1889 |
|
local legislation and administrative action to the bureau of
| 1890 |
|
workers' compensation, the
director of commerce, any other
| 1891 |
|
department, officer, board,
or
commission of the state, and to
| 1892 |
|
legislative authorities and
building departments of counties,
| 1893 |
|
townships, and municipal
corporations, and shall recommend that
| 1894 |
|
they audit those recommended rules, codes, and standards by any
| 1895 |
|
appropriate action that they are allowed pursuant to law or the
| 1896 |
|
constitution.
| 1897 |
| (E)(1) The board shall certify municipal, township, and
| 1898 |
|
county building
departments and the personnel of those building
| 1899 |
|
departments, and persons and employees of individuals, firms, or
| 1900 |
|
corporations as described in division (E)(7) of this section to
| 1901 |
|
exercise enforcement authority, to accept and
approve plans and
| 1902 |
|
specifications, and to make inspections,
pursuant to sections
| 1903 |
|
3781.03, 3791.04, and 4104.43 of the Revised Code.
| 1904 |
| (3) The board shall not require a building department, its
| 1911 |
|
personnel, or any persons that it employs to be certified for
| 1912 |
|
residential building code enforcement if that building department
| 1913 |
|
does not enforce the state residential building code. The board
| 1914 |
|
shall specify, in rules adopted pursuant
to Chapter 119. of the
| 1915 |
|
Revised Code, the requirements for certification for residential
| 1916 |
|
and nonresidential building code enforcement, which shall
be
| 1917 |
|
consistent with this division. The requirements for residential
| 1918 |
|
and nonresidential certification may differ. Except as otherwise
| 1919 |
|
provided
in
this division, the requirements shall include, but are
| 1920 |
|
not
limited
to, the satisfactory completion of an initial
| 1921 |
|
examination
and, to remain certified, the completion of a
| 1922 |
|
specified
number of
hours of continuing building code education
| 1923 |
|
within each
three-year
period following the date of certification
| 1924 |
|
which shall be not less than
thirty hours. The rules
shall provide
| 1925 |
|
that continuing education credits and
certification
issued by the
| 1926 |
|
council of American building
officials, national
model code
| 1927 |
|
organizations, and agencies or
entities
the board recognizes are
| 1928 |
|
acceptable for purposes of
this division. The rules shall
specify
| 1929 |
|
requirements that are
compatible, to the extent possible,
with
| 1930 |
|
requirements the council of American building
officials and
| 1931 |
|
national model
code organizations establish.
| 1932 |
| (a) The certification of building department personnel and
| 1990 |
|
persons and employees of persons, firms, or corporations
| 1991 |
|
exercising authority pursuant to division (E)(7) of this
section.
| 1992 |
|
The rules shall disqualify any employee of the department or
| 1993 |
|
person who contracts
for services with the department from
| 1994 |
|
performing
services for the department when that
employee or
| 1995 |
|
person would have to
pass upon, inspect, or otherwise exercise
| 1996 |
|
authority over any labor,
material, or equipment
the employee or
| 1997 |
|
person furnishes for the
construction,
alteration, or maintenance
| 1998 |
|
of a building or the
preparation of working drawings or
| 1999 |
|
specifications for work within
the jurisdictional area of the
| 2000 |
|
department. The department shall
provide other similarly
qualified
| 2001 |
|
personnel to enforce the
residential and nonresidential
building
| 2002 |
|
codes as they pertain to that
work.
| 2003 |
| (F) In addition to hearings
sections 3781.06 to 3781.18 and
| 2022 |
|
3791.04 of the Revised Code require,
the board of building
| 2023 |
|
standards shall
make investigations and tests, and require from
| 2024 |
|
other
state
departments, officers, boards, and commissions
| 2025 |
|
information
the board considers necessary or desirable to assist
| 2026 |
|
it
in the discharge of any duty or the
exercise of any power
| 2027 |
|
mentioned in this section or in sections
3781.06 to 3781.18,
| 2028 |
|
3791.04, and 4104.43 of the Revised Code.
| 2029 |
| (L) With respect to a commercial energy code as a component
| 2076 |
|
of the commercial building code, the board of building standards
| 2077 |
|
shall adopt rules to implement the energy code for buildings
| 2078 |
|
developed by the American national standards institute, the
| 2079 |
|
American society of heating, refrigerating, and air conditioning,
| 2080 |
|
and the illuminating engineering society of North America, known
| 2081 |
|
as the ANSI/ASHRAE/IESNA Standard 90.1-2007, or a code that
| 2082 |
|
achieves equivalent or greater energy savings. | 2083 |
| Sec. 3781.12. (A)(1) Any person may petition the board of | 2084 |
|
building
standards to
adopt, amend, or annul a rule
adopted | 2085 |
|
pursuant
to section 3781.10 of the
Revised Code, except for any | 2086 |
|
rules regarding the state residential building code or rules the | 2087 |
|
board adopts pursuant to division (E) of that section as those | 2088 |
|
rules relate to the certification of entities that enforce the | 2089 |
|
state residential building code, or to permit the use of
any | 2090 |
|
particular fixture, device,
material, system, method of | 2091 |
|
manufacture, product of a manufacturing process,
or method or | 2092 |
|
manner of construction or installation that complies with | 2093 |
|
performance standards adopted pursuant to section 3781.11 of the | 2094 |
|
Revised Code,
as regards the purposes declared in section 3781.06 | 2095 |
|
of the Revised Code, of
the fixtures, devices, materials, systems, | 2096 |
|
or methods or manners of
construction, manufacture or installation | 2097 |
|
described in any section of the
Revised Code relating to
those | 2098 |
|
purposes, where the use is permitted by law. | 2099 |
| (C) If the board,
after hearing, determines it advisable to | 2113 |
|
adopt the rule, amendment, or annulment, or to permit the use of | 2114 |
|
the
materials or assemblages petitioned for under division (A) of | 2115 |
|
this section, it shall give at least
thirty days'
notice of the | 2116 |
|
time and place of a public hearing
as provided by section 119.03 | 2117 |
|
of the
Revised Code. No
rule
shall be adopted, amended, or | 2118 |
|
annulled or
the use of materials or assemblages authorized until | 2119 |
|
after
the public hearing. A copy of every rule,
amendment, or | 2120 |
|
annulment, and a copy of every approved
material or
assembly | 2121 |
|
authorization signed by the
chairperson of the
board of building | 2122 |
|
standards and sealed with
the seal of the department of commerce | 2123 |
|
shall, after final
adoption or authorization by the board, be | 2124 |
|
filed with the
secretary of state and published as the
board | 2125 |
|
determines. The issuance of the authorization for the use
of the | 2126 |
|
materials or
assemblages described in the petition constitutes | 2127 |
|
approval for their use
anywhere in this state. Any rule, | 2128 |
|
amendment, or annulment
does not take
effect until a date the | 2129 |
|
board fixes and states. No
rule,
amendment, or annulment applies | 2130 |
|
to any
building for which the plans or drawings, specifications, | 2131 |
|
and data
were approved prior to the time the rule,
amendment, or | 2132 |
|
annulment
becomes effective. All hearings of the board
are open to | 2133 |
|
the public. Each member of the board may
administer oaths in the | 2134 |
|
performance of
the member's duties. | 2135 |
| Sec. 3781.19. There is hereby established in the
department | 2136 |
|
of commerce a board of building appeals
consisting of five members | 2137 |
|
who shall be appointed by the
governor with the advice and consent | 2138 |
|
of the senate. Terms of
office shall be for four years, commencing | 2139 |
|
on the fourteenth day
of October and ending on the thirteenth day | 2140 |
|
of October. Each
member shall hold office from the date of | 2141 |
|
appointment until
the end of the term for which the member was | 2142 |
|
appointed. Any
member
appointed to fill a vacancy occurring prior | 2143 |
|
to the expiration of
the term for which the member's predecessor | 2144 |
|
was appointed
shall hold
office for the remainder of such term. | 2145 |
|
Any member shall continue
in office subsequent to the expiration | 2146 |
|
date of the member's
term until a successor takes office, or until | 2147 |
|
a period of
sixty days has
elapsed, whichever occurs first. One | 2148 |
|
member shall be an
attorney-at-law, admitted to the bar of this | 2149 |
|
state and of the
remaining members, one shall be a registered | 2150 |
|
architect and one
shall be a professional engineer, each of whom | 2151 |
|
shall be duly
licensed to practice their respective professions in | 2152 |
|
this state, one
shall be a fire prevention officer qualified
under | 2153 |
|
section 3737.66 of the Revised Code, and
one shall be a person | 2154 |
|
with recognized ability in the
plumbing or pipefitting profession. | 2155 |
|
No member of the board of building standards shall be a member of | 2156 |
|
the board of building appeals. Each member shall be paid an
amount | 2157 |
|
fixed pursuant to Chapter 124. of the Revised Code per
diem. The | 2158 |
|
department shall provide and
assign to the board such employees as | 2159 |
|
are required by the board
to perform its functions. The board may | 2160 |
|
adopt its own rules of
procedure not inconsistent with sections | 2161 |
|
3781.06 to 3781.18 and
3791.04 of the Revised Code, and may change | 2162 |
|
them in its
discretion. The board may establish reasonable fees, | 2163 |
|
based on
actual costs for administration of filing and processing, | 2164 |
|
not to
exceed two hundred dollars, for the costs of filing and | 2165 |
|
processing appeals. A full and complete record of all
proceedings | 2166 |
|
of the board shall be kept and be open to public
inspection. | 2167 |
| In the enforcement by any department of the state or any | 2168 |
|
political subdivision of this chapter and Chapter 3791., and | 2169 |
|
sections 3737.41, 3737.42,
4104.02, 4104.06, 4104.43, 4104.44, | 2170 |
|
4104.45, 4105.011, and
4105.11 of the Revised Code and any rule | 2171 |
|
made thereunder, such
department is the agency referred to in | 2172 |
|
sections 119.07, 119.08,
and 119.10 of the Revised Code. | 2173 |
| The appropriate municipal or county board of appeals, where | 2174 |
|
one exists, certified pursuant to section 3781.20 of the Revised | 2175 |
|
Code shall conduct the adjudication hearing referred to in | 2176 |
|
sections 119.09 to 119.13 and required by section 3781.031 of the | 2177 |
|
Revised Code. If there is no certified municipal or county board | 2178 |
|
of appeals, the board of building appeals shall conduct the | 2179 |
|
adjudication hearing. If the adjudication hearing concerns
section | 2180 |
|
3781.111 of the Revised Code or any rule made thereunder, | 2181 |
|
reasonable notice of the time, date, place, and subject of the | 2182 |
|
hearing shall be given to any local corporation, association, or | 2183 |
|
other organization composed of or representing handicapped | 2184 |
|
persons, as defined in section 3781.111 of the Revised Code, or
if | 2185 |
|
there is no local organization, then to any statewide
corporation, | 2186 |
|
association, or other organization composed of or
representing | 2187 |
|
handicapped persons. | 2188 |
| In addition to the provisions of Chapter 119. of the
Revised | 2189 |
|
Code, the municipal, county, or state board of building
appeals, | 2190 |
|
as the agency conducting the adjudication hearing, may
reverse or | 2191 |
|
modify the order of the enforcing agency if it finds
that the | 2192 |
|
order is contrary to this chapter and Chapters 3791. and 4104., | 2193 |
|
and
sections 3737.41, 3737.42,
4105.011, and 4105.11 of the | 2194 |
|
Revised
Code and any rule made thereunder or to a fair | 2195 |
|
interpretation or
application
of such laws or any rule made | 2196 |
|
thereunder, or that a variance from the
provisions of such laws or | 2197 |
|
any rule made thereunder, in the
specific case, will not be | 2198 |
|
contrary to the public interest where
a literal enforcement of | 2199 |
|
such provisions will result in
unnecessary hardship. | 2200 |
| The state board of building appeals or a certified
municipal | 2201 |
|
or county board of appeals shall render its decision
within thirty | 2202 |
|
days after the date of the adjudication hearing.
Following the | 2203 |
|
adjudication hearing, any municipal or county
officer, official | 2204 |
|
municipal or county board, or person who was a
party to the | 2205 |
|
hearing before the municipal or county board of
appeals may apply | 2206 |
|
to the state board of appeals for a de novo
hearing before the | 2207 |
|
state board, or may appeal directly to the
court of common pleas | 2208 |
|
pursuant to section 3781.031 of the Revised
Code. | 2209 |
| In addition, any local corporation, association, or other | 2210 |
|
organization composed of or representing handicapped persons as | 2211 |
|
defined in section 3781.111 of the Revised Code, or, if no local | 2212 |
|
corporation, association, or organization exists, then any | 2213 |
|
statewide corporation, association, or other organization
composed | 2214 |
|
of or representing handicapped persons may apply for the
de novo | 2215 |
|
hearing or appeal to the court of common pleas from any
decision | 2216 |
|
of a certified municipal or county board of appeals
interpreting, | 2217 |
|
applying, or granting a variance from section
3781.111 of the | 2218 |
|
Revised Code and any rule made thereunder.
Application for a de | 2219 |
|
novo hearing before the state board shall be
made no later than | 2220 |
|
thirty days after the municipal or county
board renders its | 2221 |
|
decision. | 2222 |
| (3) "Motor vehicle tire or wheel road hazard contract" means
| 2347 |
|
a contract or agreement to perform or pay for repairs or
| 2348 |
|
replacement of tires or wheels damaged because of a road hazard | 2349 |
|
with or without additional provisions for incidental payment of | 2350 |
|
indemnity under limited circumstances, including, without | 2351 |
|
limitation, towing, rental, and emergency road services,
that is | 2352 |
|
effective for a specified duration and paid for by means
other | 2353 |
|
than the purchase of the motor vehicle tire or wheel. "Motor
| 2354 |
|
vehicle tire or wheel road hazard contract" does not include any
| 2355 |
|
of the following: | 2356 |
| (d) The employee is not, and does not become, covered by
or | 2588 |
|
eligible for coverage by any other insured or uninsured | 2589 |
|
arrangement that provides hospital, surgical, or medical coverage | 2590 |
|
for individuals in a group and under which the person was not | 2591 |
|
covered immediately prior to such termination. A person eligible | 2592 |
|
for continuation of coverage under this section, who is also | 2593 |
|
eligible for coverage under section 3923.123 of the Revised Code, | 2594 |
|
may elect either coverage, but not both. A person who elects | 2595 |
|
continuation of coverage may elect any coverage available under | 2596 |
|
section 3923.123 of the Revised Code upon the termination of the | 2597 |
|
continuation of coverage. | 2598 |
| (B) A group policy shall provide that any eligible
employee | 2605 |
|
may continue the employee's hospital, surgical, and
medical | 2606 |
|
insurance under the policy, for the employee and the
employee's | 2607 |
eligible dependents, for a period of sixtwelve months after
the | 2608 |
|
date
that the insurance coverage would otherwise terminate by | 2609 |
|
reason of
the termination of the employee's employment.
Each | 2610 |
|
certificate of
coverage, or other notice of coverage, issued to | 2611 |
|
employees under
the policy shall include a notice of the | 2612 |
|
employee's privilege of
continuation. | 2613 |
| (B)
"Motor vehicle" means any vehicle, including
mobile
homes
| 2692 |
|
and recreational vehicles, that is
propelled or drawn
by
power
| 2693 |
|
other than muscular power or power collected from
overhead
| 2694 |
|
electric trolley wires.
"Motor
vehicle" does not include utility | 2695 |
|
vehicles as defined in division (VV) of this section,
motorized
| 2696 |
|
bicycles, road
rollers, traction engines, power
shovels,
power
| 2697 |
|
cranes, and other
equipment used in construction
work and
not
| 2698 |
|
designed for or
employed in general highway
transportation,
| 2699 |
|
well-drilling
machinery, ditch-digging
machinery, farm machinery,
| 2700 |
|
and trailers that are
designed and
used exclusively to transport a
| 2701 |
|
boat between a
place of storage
and a marina, or in and around a
| 2702 |
|
marina, when
drawn or towed on a
public road or highway for a
| 2703 |
|
distance of no
more than ten miles
and at a speed of twenty-five
| 2704 |
|
miles per hour
or less. | 2705 |
| (F)
"Collector's vehicle" means any motor vehicle or
| 2720 |
|
agricultural tractor or traction engine that is of special
| 2721 |
|
interest,
that has a fair market value of one hundred dollars or
| 2722 |
|
more,
whether operable or not, and that is owned, operated,
| 2723 |
|
collected,
preserved, restored, maintained, or used essentially
as
| 2724 |
|
a
collector's item, leisure pursuit, or investment, but not
as the
| 2725 |
|
owner's principal means of transportation.
"Licensed
collector's
| 2726 |
|
vehicle" means a collector's vehicle, other than an
agricultural
| 2727 |
|
tractor or traction engine, that displays current,
valid license
| 2728 |
|
tags issued under section 4503.45 of the Revised
Code, or a
| 2729 |
|
similar type of motor vehicle that displays current,
valid
license
| 2730 |
|
tags issued under substantially equivalent
provisions in
the laws
| 2731 |
|
of other states. | 2732 |
| (M)
"Trailer" means any vehicle without motive power
that
is
| 2764 |
|
designed or used for carrying property or persons wholly on
its
| 2765 |
|
own structure and for being drawn by a motor vehicle, and
includes
| 2766 |
|
any such vehicle that is formed by or operated as a
combination of
| 2767 |
|
a semitrailer and a vehicle of the dolly type such
as that
| 2768 |
|
commonly known as a trailer dolly, a vehicle used to
transport
| 2769 |
|
agricultural produce or agricultural production
materials between
| 2770 |
|
a local place of storage or supply and the farm
when drawn or
| 2771 |
|
towed on a public road or highway at a speed
greater than
| 2772 |
|
twenty-five miles per hour, and a vehicle that is
designed
and
| 2773 |
|
used exclusively to transport a boat between a
place of
storage
| 2774 |
|
and a marina, or in and around a marina, when
drawn or
towed on a
| 2775 |
|
public road or highway for a distance of
more than ten
miles or at
| 2776 |
|
a speed of more than twenty-five miles
per hour.
"Trailer" does
| 2777 |
|
not include a manufactured home or
travel trailer. | 2778 |
| (O)
"Mobile home" means a building
unit or assembly of
closed
| 2786 |
|
construction that is fabricated in an off-site
facility,
is
more
| 2787 |
|
than thirty-five body
feet in length or, when erected
on
site, is
| 2788 |
|
three hundred
twenty or more square feet, is built
on a
permanent
| 2789 |
|
chassis, is
transportable in one or more
sections, and
does not
| 2790 |
|
qualify as
a manufactured home as
defined in division
(C)(4) of
| 2791 |
|
section 3781.06
of the Revised
Code or as an
industrialized unit
| 2792 |
|
as defined in division (C)(3)
of section
3781.06 of the Revised
| 2793 |
|
Code. | 2794 |
| (P)
"Semitrailer" means any vehicle of the trailer type
that
| 2795 |
|
does not have motive power and is so designed or used with
another
| 2796 |
|
and
separate motor vehicle that in operation a part of
its own
| 2797 |
|
weight
or that of its load, or both, rests upon and is
carried by
| 2798 |
|
the other vehicle
furnishing the motive power for
propelling
| 2799 |
|
itself
and the vehicle referred to in this division,
and includes,
| 2800 |
|
for
the purpose only of registration and taxation
under those
| 2801 |
|
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
| 2802 |
|
that is designed or used for the conversion of a
semitrailer into
| 2803 |
|
a
trailer. | 2804 |
| (U)
"Farm machinery" means all machines and tools that are
| 2855 |
|
used in
the production, harvesting, and care of farm products,
and
| 2856 |
|
includes trailers
that are used to transport agricultural
produce
| 2857 |
|
or agricultural
production materials between a local
place of
| 2858 |
|
storage or supply
and the farm,
agricultural tractors, threshing | 2859 |
|
machinery, hay-baling machinery,
corn shellers, hammermills, and | 2860 |
|
machinery used in the production
of horticultural, agricultural, | 2861 |
|
and vegetable products. | 2862 |
| (W)
"Manufacturer" and
"dealer" include all persons
and
firms | 2867 |
|
that are regularly engaged in the
business
of
manufacturing, | 2868 |
|
selling, displaying, offering for
sale, or
dealing
in motor | 2869 |
|
vehicles, at an established place of
business
that is
used | 2870 |
|
exclusively for the purpose of
manufacturing,
selling,
displaying, | 2871 |
|
offering for sale, or
dealing in motor
vehicles. A
place of | 2872 |
|
business that is used for
manufacturing,
selling,
displaying, | 2873 |
|
offering for sale, or
dealing in motor
vehicles shall
be deemed to | 2874 |
|
be used exclusively
for those purposes
even though
snowmobiles or | 2875 |
|
all-purpose
vehicles are sold or
displayed for
sale
thereat, even | 2876 |
|
though
farm machinery is sold or
displayed
for
sale
thereat, or | 2877 |
|
even
though repair, accessory,
gasoline
and oil,
storage, parts, | 2878 |
|
service, or paint departments
are
maintained
thereat, or, in any | 2879 |
|
county having a population of
less than
seventy-five thousand
at | 2880 |
|
the last federal
census,
even
though a department in
a place of | 2881 |
|
business is used to
dismantle,
salvage, or rebuild
motor vehicles | 2882 |
|
by means of used
parts, if
such
departments are
operated for the | 2883 |
|
purpose of
furthering and
assisting in the
business of | 2884 |
|
manufacturing,
selling, displaying,
offering for
sale, or dealing | 2885 |
|
in motor
vehicles. Places of
business or
departments in a place of
| 2886 |
|
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
| 2887 |
|
means of using
used parts
are not
considered as being
maintained
| 2888 |
|
for the purpose
of
assisting or
furthering the
manufacturing,
| 2889 |
|
selling,
displaying,
and offering
for sale or
dealing in motor
| 2890 |
|
vehicles. | 2891 |
| (Y)
"Chauffeur" means any operator who operates a motor
| 2894 |
|
vehicle, other than a taxicab, as an employee for hire; or any
| 2895 |
|
operator whether or not the owner of a motor vehicle, other than
a
| 2896 |
|
taxicab, who operates such vehicle for transporting, for gain,
| 2897 |
|
compensation, or profit, either persons or property owned by
| 2898 |
|
another. Any operator of a motor vehicle who is voluntarily
| 2899 |
|
involved in
a ridesharing arrangement is not considered an
| 2900 |
|
employee for hire
or operating such vehicle for gain,
| 2901 |
|
compensation, or profit. | 2902 |
| (LL)
"Chauffeured limousine" means a motor vehicle
that is
| 2972 |
|
designed to carry nine or fewer passengers
and is operated for
| 2973 |
|
hire on an hourly basis pursuant to a prearranged contract for
the
| 2974 |
|
transportation of passengers on public roads and highways
along a
| 2975 |
|
route under the control of the person hiring the vehicle
and not
| 2976 |
|
over a defined and regular route.
"Prearranged contract"
means an
| 2977 |
|
agreement, made in advance of boarding, to provide
transportation
| 2978 |
|
from a specific location in a chauffeured
limousine at a fixed
| 2979 |
|
rate per hour or trip.
"Chauffeured
limousine" does not include
| 2980 |
|
any vehicle that is used exclusively
in the
business of funeral
| 2981 |
|
directing. | 2982 |
| (VV) "Utility vehicle" means a self-propelled vehicle | 3020 |
|
designed with a bed, principally for the purpose of transporting | 3021 |
|
material or cargo in connection with construction, agricultural, | 3022 |
|
forestry, grounds maintenance, lawn and garden, materials | 3023 |
|
handling, or similar activities. "Utility vehicle" includes a | 3024 |
|
vehicle with a maximum attainable speed of twenty miles per hour | 3025 |
|
or less that is used exclusively within the boundaries of state | 3026 |
|
parks by state park employees or volunteers for the operation or | 3027 |
|
maintenance of state park facilities. | 3028 |
| Sec. 4501.026. The registrar of motor vehicles or a deputy
| 3029 |
|
registrar shall ask an individual with whom the registrar or
| 3030 |
|
deputy registrar conducts driver's license or identification card
| 3031 |
|
transactions if the individual is a veteran or is currently
| 3032 |
|
serving in the armed forces of the United States or any reserve
| 3033 |
|
component of the armed forces of the United States or the Ohio
| 3034 |
|
national guard. If the individual claims to be a veteran or to be
| 3035 |
|
currently serving in the armed forces of the United States or any
| 3036 |
|
reserve component of the armed forces of the United States or the
| 3037 |
|
Ohio national guard, the registrar or deputy registrar shall
| 3038 |
|
provide the individual's name,
address, and military status to
| 3039 |
|
the department of veterans
services for official government
| 3040 |
|
purposes regarding benefits and services. | 3041 |
| Sec. 4501.03. The registrar of motor vehicles shall open
an
| 3042 |
|
account with each county and district of registration in the
| 3043 |
|
state, and may assign each county and district of registration in
| 3044 |
|
the state a unique code for identification purposes. Except as
| 3045 |
provided
in
section 4501.044 or division (B)(A) (1) of section
| 3046 |
|
4501.045 of the
Revised Code, the registrar shall pay all moneys
| 3047 |
|
the registrar receives
under
sections 4503.02, 4503.12, and
| 3048 |
|
4504.09 of the Revised Code into
the state treasury to the credit
| 3049 |
|
of the auto registration
distribution fund, which is hereby
| 3050 |
|
created, for distribution in
the manner provided for in this
| 3051 |
|
section and sections 4501.04,
4501.041, 4501.042, and 4501.043 of
| 3052 |
|
the Revised Code. All other
moneys received by the registrar shall
| 3053 |
|
be deposited in the state
bureau of motor vehicles fund
| 3054 |
|
established in section 4501.25 of the Revised
Code for the
| 3055 |
|
purposes enumerated in that section, unless otherwise provided by
| 3056 |
|
law.
| 3057 |
| All moneys credited to the auto registration distribution
| 3058 |
|
fund shall be distributed to the counties and districts of
| 3059 |
|
registration, except for funds received by the registrar under
| 3060 |
|
section
4504.09 of the Revised Code, after receipt of
| 3061 |
|
certifications from
the commissioners of the sinking fund
| 3062 |
|
certifying, as required by
sections 5528.15 and 5528.35 of the
| 3063 |
|
Revised Code, that there are
sufficient moneys to the credit of
| 3064 |
|
the highway improvement bond
retirement fund created by section
| 3065 |
|
5528.12 of the Revised Code to
meet in full all payments of
| 3066 |
|
interest, principal, and charges for
the retirement of bonds and
| 3067 |
|
other obligations issued pursuant to
Section 2g of Article VIII,
| 3068 |
|
Ohio Constitution, and sections
5528.10 and 5528.11 of the Revised
| 3069 |
|
Code due and payable during
the current calendar year, and that
| 3070 |
|
there are sufficient moneys
to the credit of the highway
| 3071 |
|
obligations bond retirement fund
created by section 5528.32 of the
| 3072 |
|
Revised Code to meet in full
all payments of interest, principal,
| 3073 |
|
and charges for the
retirement of highway obligations issued
| 3074 |
|
pursuant to Section 2i
of Article VIII, Ohio Constitution, and
| 3075 |
|
sections 5528.30 and
5528.31 of the Revised Code due and payable
| 3076 |
|
during the current
calendar year, in the manner provided in
| 3077 |
|
section 4501.04 of the
Revised Code.
| 3078 |
| All moneys received by the registrar under sections
4503.02,
| 3099 |
|
4503.12, and 4504.09 of the Revised Code shall be
distributed to
| 3100 |
|
counties, townships, and municipal corporations within
thirty days
| 3101 |
|
of the expiration of the registration year,
except that a sum
| 3102 |
|
equal to five per cent of the total amount
received under sections
| 3103 |
|
4503.02 and 4503.12 of the Revised Code
may be reserved to make
| 3104 |
|
final adjustments in accordance with the
formula for distribution
| 3105 |
|
set forth in section 4501.04 of the
Revised Code. If amounts set
| 3106 |
|
aside to make the adjustments are
inadequate, necessary
| 3107 |
|
adjustments shall be made immediately out
of funds available for
| 3108 |
|
distribution for the following two
registration years.
| 3109 |
| Sec. 4501.21. (A) There is hereby created in the state
| 3110 |
|
treasury the license plate contribution fund. The fund shall
| 3111 |
|
consist of all contributions paid by motor vehicle registrants and
| 3112 |
|
collected by the registrar of motor vehicles pursuant to sections
| 3113 |
|
4503.491, 4503.493, 4503.50, 4503.501, 4503.502, 4503.51,
| 3114 |
|
4503.522, 4503.523, 4503.545, 4503.55, 4503.551, 4503.552,
| 3115 |
|
4503.553,
4503.561, 4503.562, 4503.591, 4503.67, 4503.68,
| 3116 |
|
4503.69, 4503.71,
4503.711, 4503.712, 4503.72, 4503.73, 4503.74,
| 3117 |
|
4503.75,
4503.85, and 4503.92 of the
Revised Code.
| 3118 |
In accordance with section 955.202 of the Revised Code,
the | 3179 |
| The
registrar shall pay to the Ohio pet fund the contributions
| 3180 |
|
the
registrar
receives pursuant
to section 4503.551 of the
| 3181 |
|
Revised
Code and any
other money from
any other source,
| 3182 |
|
including
donations, gifts,
and grants, that is
designated by
| 3183 |
|
the source
to be paid to the
Ohio pet fund. The Ohio pet fund
| 3184 |
shall use the
moneys it receives under this
section only to
| 3185 |
|
support programs
for the sterilization of dogs and
cats and for
| 3186 |
|
educational
programs concerning the proper veterinary
care of
| 3187 |
|
those animals, and for expenses of the Ohio pet fund that are
| 3188 |
|
reasonably necessary for it to obtain and maintain its tax-exempt
| 3189 |
|
status and to perform its duties.
| 3190 |
| The registrar shall pay the contributions the registrar
| 3194 |
|
receives pursuant to section 4503.553 of the Revised Code to the
| 3195 |
|
Ohio coalition for animals, incorporated, a nonprofit corporation.
| 3196 |
|
Except as provided in division (B) of this section, the
coalition
| 3197 |
|
shall distribute the money to its members, and the
members shall
| 3198 |
|
use the money only to pay for educational,
charitable, and
other
| 3199 |
|
programs of each coalition member that
provide care for unwanted,
| 3200 |
|
abused, and
neglected horses. The Ohio
coalition for animals may
| 3201 |
|
use a portion of the
money to pay for
reasonable marketing costs
| 3202 |
|
incurred in the design and
promotion
of the license plate and
| 3203 |
|
for administrative costs
incurred in the
disbursement and
| 3204 |
|
management of funds received
under this section.
| 3205 |
| The registrar shall pay the contributions the registrar
| 3206 |
|
receives pursuant to section 4503.561 of the Revised Code to the
| 3207 |
|
state of Ohio chapter of ducks unlimited, inc., which shall
| 3208 |
|
deposit the contributions into a special bank account that it
| 3209 |
|
establishes. The special bank account shall be separate and
| 3210 |
|
distinct from any other account the state of Ohio chapter of ducks
| 3211 |
|
unlimited, inc., maintains and shall be used exclusively for the
| 3212 |
|
purpose of protecting, enhancing, restoring, and managing wetlands
| 3213 |
|
and conserving wildlife habitat. The state of Ohio chapter of
| 3214 |
|
ducks unlimited, inc., annually shall notify the registrar in
| 3215 |
|
writing of the name, address, and account to which such payments
| 3216 |
|
are to be made.
| 3217 |
| The registrar shall pay the contributions the
registrar
| 3270 |
|
receives pursuant to section 4503.72 of the Revised Code
to the
| 3271 |
|
organization known on March 31, 2003, as the Ohio CASA/GAL
| 3272 |
|
association, a private, nonprofit corporation organized under
| 3273 |
|
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association
| 3274 |
|
shall use these contributions to pay the expenses it incurs in
| 3275 |
|
administering a program to secure the proper representation in the
| 3276 |
|
courts of this state of abused, neglected, and dependent children,
| 3277 |
|
and for the training and supervision of persons participating in
| 3278 |
|
that program.
| 3279 |
| (b)
The registrar may designate a clerk of a court of
common | 3322 |
|
pleas as a deputy registrar if the population of the county
is | 3323 |
|
forty thousand or less according to the last federal
census.
A | 3324 |
|
clerk of a court of common pleas in a county with a population | 3325 |
|
greater than forty thousand according to the last federal census | 3326 |
|
may apply to the registrar to act under contract as a full | 3327 |
|
authority deputy registrar; the registrar shall award such | 3328 |
|
contracts upon a competitive basis, subject to the terms and | 3329 |
|
conditions prescribed by the registrar by rule. All
fees | 3330 |
|
collected and retained by a clerk for conducting deputy
registrar | 3331 |
|
services shall be paid into the county treasury to the
credit of | 3332 |
|
the certificate of title administration fund created
under section | 3333 |
|
325.33 of the Revised Code. | 3334 |
| (B) The registrar shall not contract with any person to
act | 3346 |
|
as a deputy registrar if the person or, where applicable,
the | 3347 |
|
person's spouse or a member of
the person's
immediate family
has | 3348 |
|
made, within the current calendar year or any one of the
previous | 3349 |
|
three calendar years, one or more contributions totaling
in excess | 3350 |
|
of
one
hundred dollars to any person or entity included
in | 3351 |
|
division
(A)(2) of section
4503.033 of the Revised
Code. As
used | 3352 |
|
in this
division,
"immediate family" has the same
meaning as
in | 3353 |
|
division
(D) of section 102.01 of the Revised Code,
and
"entity" | 3354 |
|
includes
any political party and any
"continuing
association" as | 3355 |
|
defined
in division (B)(4) of section 3517.01 of
the Revised Code | 3356 |
|
or
"political action committee" as defined in
division (B)(8) of | 3357 |
|
that section that is primarily associated with
that political | 3358 |
|
party. For purposes of this division,
contributions to any | 3359 |
|
continuing association or any political
action committee that is | 3360 |
|
primarily associated with a political
party shall be aggregated | 3361 |
|
with contributions to that political
party. | 3362 |
| (C)(1) Except as provided in division (C)(2) of this
section, | 3374 |
|
deputy registrars are independent contractors and
neither
they nor | 3375 |
|
their employees are employees of this state,
except that
nothing | 3376 |
|
in this section shall affect the status of
county auditors
or | 3377 |
|
clerks of courts of common pleas as public
officials, nor the | 3378 |
|
status of their
employees as employees of any
of the counties of | 3379 |
|
this state,
which
are political subdivisions of
this state. Each | 3380 |
|
deputy
registrar
shall be responsible for the
payment of all | 3381 |
|
unemployment
compensation premiums, all workers'
compensation | 3382 |
|
premiums, social
security contributions, and any and
all taxes
for | 3383 |
|
which
the
deputy registrar is legally
responsible.
Each
deputy | 3384 |
|
registrar
shall comply with all
applicable federal,
state, and | 3385 |
|
local
laws
requiring the
withholding of income taxes or
other | 3386 |
|
taxes from the
compensation
of
the deputy registrar's
employees. | 3387 |
|
Each
deputy
registrar
shall maintain during the entire
term of
the | 3388 |
|
deputy
registrar's contract a policy of business
liability | 3389 |
|
insurance
satisfactory to the registrar and shall hold
the | 3390 |
|
department of
public safety,
the director of public safety,
the | 3391 |
|
bureau of motor
vehicles, and the registrar
harmless upon any
and | 3392 |
|
all claims for
damages arising out of the operation of
the
deputy | 3393 |
|
registrar
agency. | 3394 |
| (D)(1) With the approval of the director, the registrar
shall | 3399 |
|
adopt rules governing the terms of the contract between the | 3400 |
|
registrar and each deputy registrar and specifications for the | 3401 |
|
services to be performed. The rules shall include specifications | 3402 |
|
relating to the amount of bond to be given as provided in this | 3403 |
|
section; the size and location of the deputy's office;
and the | 3404 |
|
leasing
of equipment necessary to conduct the vision screenings | 3405 |
|
required
under section 4507.12 of the Revised Code and training
in | 3406 |
|
the use
of the equipment. The specifications shall permit and | 3407 |
|
encourage
every deputy registrar to inform the public of the | 3408 |
|
location of
the deputy registrar's office and hours of
operation | 3409 |
|
by means of
public service announcements and allow any
deputy | 3410 |
|
registrar to
advertise in regard to the operation of the
deputy | 3411 |
|
registrar's
office. The
rules also shall include
specifications | 3412 |
|
for the hours
the
deputy's office is to be open to
the public and | 3413 |
|
shall require
as
a minimum that one deputy's office
in each county | 3414 |
|
be open to
the
public for at least four hours each
weekend, | 3415 |
|
provided that if
only one deputy's office is located
within the | 3416 |
|
boundary of the
county seat, that office is the office
that shall | 3417 |
|
be open for the
four-hour period each weekend, and that
every | 3418 |
|
deputy's office in
each county shall be open to the public
until | 3419 |
|
six-thirty p.m. on
at least one weeknight each week. The
rules | 3420 |
|
also shall include
specifications providing that every
deputy in | 3421 |
|
each county, upon
request, provide any person with
information | 3422 |
|
about the location
and office hours of all deputy
registrars in | 3423 |
|
the county and that
every deputy
prominently display within
the | 3424 |
|
deputy's
office, the toll-free
telephone
number of the bureau.
The | 3425 |
|
rules shall not prohibit the
award of a
deputy registrar
contract | 3426 |
|
to a
nonprofit corporation
formed under
the laws of this
state. | 3427 |
|
The rules shall
prohibit any
deputy
registrar from
operating more | 3428 |
|
than one such
office at any
time,
except that the
rules may permit | 3429 |
|
a nonprofit
corporation
formed
for the purposes
of providing | 3430 |
|
automobile-related services
to its
members or the
public and that | 3431 |
|
provides such services from
more
than one location
in this state | 3432 |
|
to operate a deputy registrar
office at any such
location, | 3433 |
|
provided that the nonprofit
corporation operates no more
than one | 3434 |
|
deputy registrar office in
any one county. The rules may
include | 3435 |
|
such other specifications
as the registrar and director
consider | 3436 |
|
necessary to provide a high
level of service. | 3437 |
| (E) Unless otherwise terminated and except for interim | 3447 |
|
contracts of less than one year, contracts with deputy registrars | 3448 |
|
shall be for a term of at least two years, but no more than three | 3449 |
|
years, and all contracts effective on or after July 1, 1996, shall | 3450 |
|
be for a term of more than two years, but not more than three | 3451 |
|
years. All contracts with deputy registrars shall expire on the
| 3452 |
|
last Saturday of June in the year of their
expiration. The
auditor | 3453 |
|
of state may examine the accounts,
reports, systems, and
other | 3454 |
|
data of each deputy registrar at least
every two years.
The | 3455 |
|
registrar, with the approval of the director,
shall
immediately | 3456 |
|
remove a deputy who violates any provision of
the
Revised Code | 3457 |
|
related to
the duties as a deputy, any rule
adopted by the | 3458 |
|
registrar, or a term of
the deputy's contract
with
the
registrar. | 3459 |
|
The registrar also may remove a deputy who, in the
opinion of the | 3460 |
|
registrar, has engaged in any conduct that is
either unbecoming
to | 3461 |
|
one representing this state or is
inconsistent with the
efficient | 3462 |
|
operation of the deputy's office. | 3463 |
| If the registrar, with the approval of the director, | 3464 |
|
determines that there is good cause to believe that a deputy | 3465 |
|
registrar or a person proposing for a deputy registrar contract | 3466 |
|
has engaged in any conduct that would require the denial or | 3467 |
|
termination of the deputy registrar contract, the registrar may | 3468 |
|
require the production of
books, records, and papers as
the | 3469 |
|
registrar determines are necessary, and may take the
depositions | 3470 |
|
of
witnesses residing within or outside the state in
the same | 3471 |
|
manner
as is prescribed by law for the taking of
depositions in | 3472 |
|
civil
actions in the court of common pleas, and for
that purpose | 3473 |
|
the
registrar may issue a subpoena for any witness or
a subpoena | 3474 |
|
duces tecum to compel the production of any books,
records, or | 3475 |
|
papers, directed to the sheriff of the county where
the witness | 3476 |
|
resides or is found. Such a subpoena shall be served
and
returned | 3477 |
|
in the same manner as a subpoena in a criminal case
is
served and | 3478 |
|
returned. The fees of the sheriff shall
be the same as that | 3479 |
|
allowed in the court of
common
pleas in
criminal cases. Witnesses | 3480 |
|
shall be paid the fees and mileage
provided for under section | 3481 |
|
119.094 of the Revised Code. The fees
and mileage shall be paid | 3482 |
|
from the fund in
the
state
treasury for
the use of the agency in | 3483 |
|
the same manner
as
other
expenses of the
agency are paid. | 3484 |
| In any case of disobedience or neglect of any subpoena
served | 3485 |
|
on any person or the refusal of any witness to testify to
any | 3486 |
|
matter regarding which
the witness lawfully may be
interrogated, | 3487 |
|
the court of common pleas of any county where the
disobedience, | 3488 |
|
neglect, or refusal occurs or any judge
of
that court, on | 3489 |
|
application
by the registrar, shall compel
obedience by attachment | 3490 |
|
proceedings for contempt, as in the case
of disobedience of the | 3491 |
|
requirements of a subpoena issued from
that court, or a refusal
to | 3492 |
|
testify
in that court. | 3493 |
| (F) Except as provided in section 2743.03 of the Revised | 3498 |
|
Code, no court, other than the court of common pleas of Franklin | 3499 |
|
county, has jurisdiction of any action against the department of | 3500 |
|
public safety, the director, the bureau, or the registrar to | 3501 |
|
restrain the exercise of any power or authority, or to
entertain | 3502 |
|
any action for declaratory judgment, in the selection
and | 3503 |
|
appointment of, or contracting with, deputy registrars.
Neither | 3504 |
|
the department, the director, the bureau, nor the
registrar is | 3505 |
|
liable in any action at law for damages sustained by
any person | 3506 |
|
because of any acts of the department, the director,
the bureau, | 3507 |
|
or the registrar,
or of any employee of the
department or bureau, | 3508 |
|
in
the performance of
official duties in
the selection and | 3509 |
|
appointment of, and contracting with, deputy
registrars. | 3510 |
| (G) The registrar shall assign to each deputy registrar a | 3511 |
|
series of numbers sufficient to supply the demand at all times in | 3512 |
|
the area the deputy registrar serves, and the registrar shall
keep | 3513 |
|
a record in
the registrar's office of the numbers
within the | 3514 |
|
series assigned. Each deputy shall be required to give bond in
the | 3515 |
|
amount of at least twenty-five thousand dollars, or in such
higher | 3516 |
|
amount as the registrar determines necessary, based on a
uniform | 3517 |
|
schedule of bond amounts established by the registrar and | 3518 |
|
determined by the volume of registrations handled by the deputy. | 3519 |
|
The form of the bond shall be prescribed by the registrar. The | 3520 |
|
bonds required of deputy registrars, in the discretion of the | 3521 |
|
registrar, may be individual or schedule bonds or may be included | 3522 |
|
in any blanket bond coverage carried by the department. | 3523 |
| Sec. 4503.10. (A) The owner of every snowmobile,
off-highway | 3536 |
|
motorcycle,
and
all-purpose vehicle required to be
registered | 3537 |
|
under section
4519.02 of the Revised
Code shall file an | 3538 |
|
application
for registration under section 4519.03 of the
Revised | 3539 |
|
Code. The owner of a motor
vehicle, other than a snowmobile, | 3540 |
|
off-highway motorcycle, or
all-purpose vehicle, that is not | 3541 |
|
designed and constructed by the
manufacturer for operation on a | 3542 |
|
street or highway may not
register it under this chapter except | 3543 |
|
upon certification of
inspection pursuant to section 4513.02 of | 3544 |
|
the
Revised
Code by the sheriff, or the chief of
police of the | 3545 |
|
municipal corporation or township, with jurisdiction
over the | 3546 |
|
political
subdivision in which the owner of the motor
vehicle | 3547 |
|
resides.
Except as provided in section 4503.103
of the Revised | 3548 |
|
Code, every
owner of every other motor vehicle
not previously | 3549 |
|
described in
this section and every
person mentioned as owner in | 3550 |
|
the last
certificate of title of a motor vehicle
that
is operated | 3551 |
|
or driven
upon the public roads or highways shall
cause to be | 3552 |
|
filed each
year, by mail or otherwise, in the office
of the | 3553 |
|
registrar of
motor vehicles or a deputy registrar, a
written or | 3554 |
|
electronic
application or a preprinted registration renewal
notice | 3555 |
|
issued
under section 4503.102 of the Revised Code, the form of | 3556 |
|
which
shall be prescribed by the registrar, for registration for | 3557 |
|
the
following registration year, which shall begin on the first | 3558 |
|
day of
January of every calendar year and end on the thirty-first | 3559 |
|
day of
December in the same year. Applications for registration | 3560 |
|
and
registration renewal notices shall be filed at the times | 3561 |
|
established by the registrar pursuant to section 4503.101 of the | 3562 |
|
Revised Code. A motor vehicle owner also may elect to apply for
or | 3563 |
|
renew a
motor
vehicle registration by electronic means using | 3564 |
|
electronic
signature in
accordance with rules adopted by the | 3565 |
|
registrar.
Except
as provided in division (J) of this
section, | 3566 |
|
applications
for registration shall be made on blanks
furnished by | 3567 |
|
the
registrar for that purpose, containing the
following | 3568 |
|
information: | 3569 |
| (6) Whether the fees required to be paid for the
registration | 3590 |
|
or transfer of the motor vehicle, during the
preceding | 3591 |
|
registration year and during the preceding period of
the
current | 3592 |
|
registration year, have been paid. Each application
for | 3593 |
|
registration shall be signed by the owner, either
manually or by | 3594 |
|
electronic signature, or pursuant to
obtaining a limited power of | 3595 |
|
attorney authorized by the registrar for
registration, or other | 3596 |
|
document authorizing such signature. If the owner
elects to apply | 3597 |
|
for or renew
the motor vehicle registration with the registrar by | 3598 |
|
electronic
means, the owner's manual signature is not required. | 3599 |
| (B) Except as otherwise provided in this division, each time | 3608 |
|
an applicant first registers a motor
vehicle
in the applicant's | 3609 |
|
name, the
applicant shall present for
inspection a physical | 3610 |
|
certificate of title or memorandum
certificate
showing title to | 3611 |
|
the motor vehicle to be registered in
the name of the
applicant if | 3612 |
|
a physical certificate of title or
memorandum certificate has been | 3613 |
|
issued by a clerk of a court of
common pleas. If, under sections | 3614 |
|
4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk | 3615 |
|
instead has issued an electronic
certificate of title for the | 3616 |
|
applicant's motor vehicle, that
certificate may be presented for | 3617 |
|
inspection at the time of first
registration in a manner | 3618 |
|
prescribed by rules adopted by the
registrar. An applicant is not | 3619 |
|
required to present a certificate of title to an electronic motor | 3620 |
|
vehicle dealer acting as a limited authority deputy registrar in | 3621 |
|
accordance with rules adopted by the registrar. When a
motor | 3622 |
|
vehicle inspection and maintenance
program is in effect
under | 3623 |
|
section 3704.14 of the Revised Code and
rules adopted under
it, | 3624 |
|
each application for registration for a
vehicle required to
be | 3625 |
|
inspected under that section and those
rules shall be
accompanied | 3626 |
|
by an inspection certificate for the
motor vehicle
issued in | 3627 |
|
accordance with that section. The
application shall be
refused if | 3628 |
|
any of the following applies: | 3629 |
| This section does not require the payment of license or | 3646 |
|
registration taxes on a motor vehicle for any preceding year, or | 3647 |
|
for any preceding period of a year, if the motor vehicle was not | 3648 |
|
taxable for that preceding year or period under sections 4503.02, | 3649 |
|
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 3650 |
|
Revised Code. When a certificate of registration is issued upon | 3651 |
|
the first registration of a motor vehicle by or on behalf of the | 3652 |
|
owner, the official issuing the certificate shall indicate the | 3653 |
|
issuance with a stamp on the certificate of title or memorandum | 3654 |
|
certificate or, in the case of an electronic certificate of title, | 3655 |
|
an electronic stamp or other notation as specified in rules | 3656 |
|
adopted by the registrar, and with a stamp on the inspection | 3657 |
|
certificate for the motor
vehicle, if any. The official also
shall | 3658 |
|
indicate, by a stamp or
by other means the registrar
prescribes, | 3659 |
|
on the
registration certificate issued upon the first
registration | 3660 |
|
of a
motor vehicle by or on behalf of the owner the
odometer | 3661 |
|
reading
of
the motor vehicle as shown in the odometer
statement | 3662 |
|
included
in
or attached to the certificate of title.
Upon each | 3663 |
|
subsequent
registration of the motor vehicle by or on
behalf of | 3664 |
|
the same
owner, the official also shall so indicate the
odometer | 3665 |
|
reading
of
the motor vehicle as shown on the immediately
preceding | 3666 |
|
certificate of registration. | 3667 |
| (C)(1) Commencing with each registration renewal with an | 3673 |
|
expiration date on or after October 1, 2003, and for each initial | 3674 |
|
application for registration received on and after that date, the | 3675 |
|
registrar and each deputy registrar shall collect an additional | 3676 |
|
fee of eleven dollars for each application for registration and | 3677 |
|
registration renewal received. The additional fee is for the | 3678 |
|
purpose of defraying the department of public safety's costs | 3679 |
|
associated with the administration and enforcement of the motor | 3680 |
|
vehicle and traffic laws of Ohio. Each deputy registrar shall | 3681 |
|
transmit the fees collected under division (C)(1) of this section | 3682 |
|
in the time and manner provided in this section. The registrar | 3683 |
|
shall deposit all moneys received under division (C)(1) of this | 3684 |
|
section into the state highway safety fund established in section | 3685 |
|
4501.06 of the Revised Code. | 3686 |
| (2) In addition, a charge of twenty-five cents shall be
made | 3687 |
|
for each reflectorized safety license plate issued, and a single | 3688 |
|
charge
of twenty-five cents shall be made for each county | 3689 |
|
identification sticker
or each set of county
identification | 3690 |
|
stickers issued, as the case may be, to cover the cost
of | 3691 |
|
producing the license plates and
stickers, including material, | 3692 |
|
manufacturing, and administrative costs. Those
fees shall be in | 3693 |
|
addition to the
license tax. If the total cost of producing the | 3694 |
|
plates is less
than twenty-five cents per plate, or if the total | 3695 |
|
cost of
producing the stickers is less than twenty-five cents per | 3696 |
|
sticker or
per set issued, any excess moneys accruing from the | 3697 |
|
fees shall be distributed
in the same manner as provided by | 3698 |
|
section 4501.04 of the Revised
Code for the distribution of | 3699 |
|
license tax moneys. If the total
cost of producing the plates | 3700 |
|
exceeds twenty-five cents per plate,
or if the total cost of | 3701 |
|
producing the stickers exceeds
twenty-five cents per sticker or | 3702 |
|
per set issued, the difference shall
be paid from the
license tax | 3703 |
|
moneys collected pursuant to section 4503.02 of the
Revised Code. | 3704 |
| (D) Each deputy registrar shall be allowed a fee of
two | 3705 |
|
dollars and
seventy-five cents
commencing on July 1,
2001, three | 3706 |
|
dollars and twenty-five cents commencing on January 1,
2003, and | 3707 |
|
three dollars and fifty cents commencing on January 1,
2004, for | 3708 |
|
each application for
registration and registration
renewal notice | 3709 |
|
the
deputy registrar receives,
which shall be for
the purpose of | 3710 |
|
compensating the deputy
registrar for the deputy
registrar's | 3711 |
|
services, and such
office and rental expenses,
as may
be necessary | 3712 |
|
for the proper discharge of the deputy registrar's
duties in the | 3713 |
|
receiving of applications and renewal notices and
the issuing of | 3714 |
|
registrations. | 3715 |
| (F) Each deputy registrar, upon receipt of any application | 3719 |
|
for
registration or registration renewal notice, together with the | 3720 |
|
license fee and any
local motor
vehicle license tax levied | 3721 |
|
pursuant to Chapter 4504. of the
Revised Code, shall transmit that | 3722 |
|
fee and tax, if any, in the
manner provided in this section, | 3723 |
|
together with the original and
duplicate copy of the application, | 3724 |
|
to the registrar. The
registrar, subject to the approval of the | 3725 |
|
director of public
safety, may deposit the funds collected by | 3726 |
|
those deputies in a
local bank or depository to the credit of the | 3727 |
|
"state of Ohio,
bureau of motor vehicles." Where a local bank or | 3728 |
|
depository
has been designated by the registrar, each deputy | 3729 |
|
registrar shall deposit
all moneys collected by the deputy | 3730 |
|
registrar into that bank
or depository not more than one business | 3731 |
|
day after their collection and shall
make
reports to the registrar | 3732 |
|
of the amounts so deposited, together
with any other information, | 3733 |
|
some of which may be prescribed by
the treasurer of state, as the | 3734 |
|
registrar may require and as
prescribed by the registrar by rule. | 3735 |
|
The registrar, within three
days after receipt of notification of | 3736 |
|
the deposit of funds by a
deputy registrar in a local bank or | 3737 |
|
depository, shall draw on that
account
in favor of the treasurer | 3738 |
|
of state. The registrar, subject to
the approval of the director | 3739 |
|
and the treasurer of state, may make
reasonable rules necessary | 3740 |
|
for the prompt transmittal of fees and
for safeguarding the | 3741 |
|
interests of the state and of counties,
townships, municipal | 3742 |
|
corporations, and transportation
improvement districts levying | 3743 |
|
local motor vehicle license taxes.
The
registrar may
pay
service | 3744 |
|
charges usually collected by banks and depositories for
such | 3745 |
|
service. If deputy registrars are located in
communities where | 3746 |
|
banking facilities are not available, they shall transmit the
fees | 3747 |
|
forthwith, by money order or otherwise, as the registrar, by
rule | 3748 |
|
approved by the director and the treasurer of state, may | 3749 |
|
prescribe. The registrar may pay the usual and customary fees
for | 3750 |
|
such service. | 3751 |
| (G) This section does not prevent any person from making
an | 3752 |
|
application for a motor vehicle license directly to the
registrar | 3753 |
|
by mail, by electronic means, or in person at any of the | 3754 |
|
registrar's offices, upon payment of a service fee of
two
dollars | 3755 |
|
and
seventy-five cents
commencing on July 1, 2001,
three dollars | 3756 |
|
and twenty-five cents commencing on January 1, 2003,
and three | 3757 |
|
dollars and fifty cents commencing on January 1, 2004,
for each | 3758 |
|
application. | 3759 |
| (I)(1) Where applicable, the requirements of division (B)
of | 3765 |
|
this section relating to the presentation of an inspection | 3766 |
|
certificate issued under section 3704.14 of the Revised Code and | 3767 |
|
rules adopted under it for a motor vehicle, the refusal of a | 3768 |
|
license for failure to present an inspection certificate, and the | 3769 |
|
stamping of the inspection certificate by the official issuing
the | 3770 |
|
certificate of registration apply to the registration of and | 3771 |
|
issuance of license plates for a motor vehicle under sections | 3772 |
|
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 3773 |
|
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 3774 |
|
4503.47, and 4503.51 of the Revised Code. | 3775 |
| (b) Upon request, the registrar shall provide the director
of | 3784 |
|
environmental protection, or any person that has been awarded
a | 3785 |
|
contract under division (D) of section 3704.14 of the Revised | 3786 |
|
Code, an on-line computer data link to registration information | 3787 |
|
for all passenger cars, noncommercial motor vehicles, and | 3788 |
|
commercial cars that are subject to that section. The registrar | 3789 |
|
also shall provide to the director of environmental protection a | 3790 |
|
magnetic data tape containing registration information regarding | 3791 |
|
passenger cars, noncommercial motor vehicles, and commercial cars | 3792 |
|
for which a multi-year registration is in effect under section | 3793 |
|
4503.103 of the Revised Code or rules adopted under it,
including, | 3794 |
|
without limitation, the date of issuance of the
multi-year | 3795 |
|
registration, the registration deadline established
under rules | 3796 |
|
adopted under section 4503.101 of the Revised Code
that was | 3797 |
|
applicable in the year in which the multi-year
registration was | 3798 |
|
issued, and the registration deadline for
renewal of the | 3799 |
|
multi-year registration. | 3800 |
| (K) Not later than July 1, 2010, the registrar shall adopt | 3813 |
|
rules implementing a commercial fleet licensing and management | 3814 |
|
program that will enable the owners of commercial tractors, | 3815 |
|
commercial trailers, and commercial semitrailers to conduct as | 3816 |
|
many transactions with the bureau and to send as much information | 3817 |
|
to the bureau via the internet as is technologically possible. The | 3818 |
|
registrar shall adopt new rules under this division or amend | 3819 |
|
existing rules adopted under this division as necessary in order | 3820 |
|
to respond to advances in technology. | 3821 |
| Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles
| 3827 |
|
may adopt
rules to permit any person or lessee, other than a
| 3828 |
|
person receiving an apportioned license plate under the
| 3829 |
|
international registration plan, who owns or leases one
or
more
| 3830 |
|
motor vehicles to file a written application for
registration for
| 3831 |
|
no
more than five succeeding registration
years. The
rules adopted
| 3832 |
|
by the registrar may designate the classes of motor vehicles
that
| 3833 |
|
are eligible for such registration. At the time of
application,
| 3834 |
|
all annual taxes and fees shall be
paid for each year for which
| 3835 |
|
the person is registering.
| 3836 |
| (b)(i) Except as provided in division (A)(1)(b)(ii) of this
| 3845 |
|
section, the registrar
shall adopt rules to permit any
person who
| 3846 |
|
owns a motor
vehicle to file
an application for registration for
| 3847 |
|
the next two
succeeding
registration years.
At the time of
| 3848 |
|
application, the
person shall pay the annual taxes and fees for
| 3849 |
|
each registration
year, calculated in accordance with division (C)
| 3850 |
|
of section
4503.11 of the Revised Code. A person who is
| 3851 |
|
registering a
vehicle under division (A)(1)(b) of this section
| 3852 |
|
shall pay for each year of registration the additional fee
| 3853 |
|
established under division (C)(1) of section 4503.10 of the
| 3854 |
|
Revised Code. The person shall also pay one and one-half times the
| 3855 |
|
amount of the deputy registrar service fee specified in division
| 3856 |
|
(D) of section 4503.10 of the Revised Code or the bureau of motor
| 3857 |
|
vehicles service fee specified in division (G) of that section, as
| 3858 |
|
applicable.
| 3859 |
| (B) Upon receipt from the director of environmental
| 3876 |
|
protection of a notice issued under rules adopted under section
| 3877 |
|
3704.14 of the Revised Code indicating that an owner of a motor
| 3878 |
|
vehicle that is required to be inspected under that section who
| 3879 |
|
obtained a multi-year registration for the vehicle under division
| 3880 |
|
(A) of this section or rules adopted under that division has not
| 3881 |
|
obtained a required inspection certificate for the vehicle, the
| 3882 |
|
registrar in accordance with Chapter 119. of the
Revised Code
| 3883 |
|
shall issue an order to the owner impounding the
certificate of
| 3884 |
|
registration and identification license plates for
the vehicle.
| 3885 |
|
The order also shall prohibit the owner from
obtaining or renewing
| 3886 |
|
a multi-year registration for any vehicle
that is required to be
| 3887 |
|
inspected under that section, the district
of registration of
| 3888 |
|
which is or is located in the same county as
the county named in
| 3889 |
|
the order during the number of years after
expiration of the
| 3890 |
|
current multi-year registration that equals the
number of years
| 3891 |
|
for which the current multi-year registration was
issued.
| 3892 |
| Sec. 4503.191. (A)(1) The identification license plate | 3920 |
|
shall
be issued
for a
multi-year period as determined by the | 3921 |
|
director of
public safety, and shall be
accompanied by a | 3922 |
validation sticker,
to be attached to the license plate. The | 3923 |
| Except as provided in division (A)(2) of this section, the | 3924 |
|
validation sticker shall
indicate the expiration of the | 3925 |
|
registration period to
which the
motor vehicle for which the | 3926 |
|
license plate is issued is assigned,
in
accordance with rules | 3927 |
|
adopted by the registrar
of motor
vehicles. During each succeeding | 3928 |
|
year
of
the multi-year period
following the issuance of the plate | 3929 |
|
and validation
sticker, upon
the filing of an application for | 3930 |
|
registration and the payment of
the tax therefor, a validation | 3931 |
|
sticker alone shall be issued. The
validation
stickers required | 3932 |
|
under this section shall be of
different colors or shades
each | 3933 |
|
year, the new colors or shades to
be selected by the director. | 3934 |
| Sec. 4505.032. (A)(1) If a person who is not an electronic
| 3947 |
|
motor
vehicle dealer owns a motor vehicle for which a physical
| 3948 |
|
certificate of title
has not been issued by a clerk of a court of
| 3949 |
|
common pleas and the person sells the motor vehicle to a motor
| 3950 |
|
vehicle dealer licensed under Chapter 4517. of the Revised Code,
| 3951 |
|
the person is not required to
obtain a physical certificate of
| 3952 |
|
title to the motor vehicle in
order to transfer ownership to the
| 3953 |
|
dealer. The person shall
present the dealer, in a manner approved
| 3954 |
|
by the registrar of motor
vehicles,
with sufficient proof of the
| 3955 |
|
person's identity
and
complete and sign a form prescribed by the
| 3956 |
|
registrar
attesting to
the person's identity and assigning the
| 3957 |
|
motor vehicle to the
dealer. Except as otherwise provided in this
| 3958 |
|
section, the motor vehicle dealer shall present the assignment
| 3959 |
|
form to any clerk of a court of common pleas together with an
| 3960 |
|
application for a certificate of title and payment of the fees
| 3961 |
|
prescribed by section 4505.09 of the Revised Code.
| 3962 |
| In a case in which an electronic certificate of title has
| 3963 |
|
been issued and either the buyer or seller of the motor vehicle is
| 3964 |
|
an electronic motor vehicle dealer, the electronic motor vehicle
| 3965 |
|
dealer
instead may inform a
clerk of a court of common pleas via
| 3966 |
|
electronic means of
the sale
of
the motor vehicle and assignment
| 3967 |
|
of ownership of the vehicle. The clerk shall enter the information
| 3968 |
|
relating to
the
assignment, including, but not limited to, the
| 3969 |
|
odometer
disclosure
statement
required by section 4505.06 of the
| 3970 |
|
Revised
Code, into
the automated title processing system,
and
| 3971 |
|
ownership
of the
vehicle passes to the applicant when the clerk
| 3972 |
|
enters this
information into the
system. The dealer is not
| 3973 |
|
required to
obtain
a physical certificate of
title to the vehicle
| 3974 |
|
in the dealer's
name.
| 3975 |
In addition to those fees, the clerk shall charge a fee of
| 3999 |
five(b) Fifteen dollars for each certificate of title,or | 4000 |
duplicate
certificate
of title,including the issuance of a | 4001 |
|
memorandum certificate of title, or
authorization to
print
a
| 4002 |
|
non-negotiable
evidence of ownership described in division (G)
of
| 4003 |
|
section 4505.08 of
the Revised Code, non-negotiable evidence
of
| 4004 |
|
ownership printed by the clerk under division (H) of that
section,
| 4005 |
|
and
notation of any lien
on a certificate of title that is applied
| 4006 |
|
for at the same time as the certificate of title.
The
clerk
shall
| 4007 |
retain twoeleven dollars
and
twenty-fivefifty cents of thethat | 4008 |
fee
charged for
each certificate of
title, four dollars and
| 4009 |
seventy-five cents of
the fee charged for
each duplicate
| 4010 |
certificate of
title, all of the fees charged for
each
memorandum
| 4011 |
certificate, authorization to print a
non-negotiable
evidence of
| 4012 |
ownership, or non-negotiable evidence of ownership
printed by the
| 4013 |
clerk,
and four dollars and
twenty-five cents of
the fee charged
| 4014 |
for
each notation of a lien.
| 4015 |
| (a) Four cents shall be paid into the state treasury to
the
| 4042 |
|
credit of the motor vehicle dealers board fund, which is
hereby
| 4043 |
|
created. All investment earnings of the fund shall be credited to
| 4044 |
|
the
fund. The moneys in the motor vehicle dealers board fund
shall
| 4045 |
|
be used by the
motor vehicle dealers board created under
section
| 4046 |
|
4517.30 of the Revised Code,
together
with other moneys
| 4047 |
|
appropriated to it, in the exercise of
its powers and
the
| 4048 |
|
performance of its duties under Chapter 4517. of the Revised Code,
| 4049 |
|
except
that the director of budget and management may transfer
| 4050 |
|
excess money from the
motor vehicle dealers board fund to the
| 4051 |
|
bureau of motor vehicles fund if the
registrar determines that
the
| 4052 |
|
amount of money in the motor vehicle dealers
board fund,
together
| 4053 |
|
with other moneys appropriated to the
board, exceeds
the
amount
| 4054 |
|
required for the exercise of its powers and the
performance of its
| 4055 |
|
duties under Chapter 4517. of the Revised Code
and requests the
| 4056 |
|
director to
make the transfer.
| 4057 |
| (c) Twenty-five cents shall be paid into the state
treasury
| 4060 |
|
to the credit of the motor vehicle sales audit fund,
which is
| 4061 |
|
hereby created. The moneys in the fund shall be used by
the tax
| 4062 |
|
commissioner together with other funds available
to the
| 4063 |
|
commissioner to conduct a continuing investigation of
sales and
| 4064 |
|
use tax returns
filed for motor vehicles in order to determine if
| 4065 |
|
sales and use
tax liability has been satisfied. The commissioner
| 4066 |
|
shall refer
cases of apparent violations of section 2921.13 of
the
| 4067 |
|
Revised
Code made in connection with the titling or sale of
a
| 4068 |
|
motor
vehicle and cases of any other apparent violations of
the
| 4069 |
|
sales
or use tax law to the appropriate county prosecutor
whenever
| 4070 |
|
the
commissioner considers it advisable.
| 4071 |
(3) TwoOne dollar and
fifty cents of the amount received by | 4072 |
|
the registrar for each
certificate of title issued to a motor | 4073 |
|
vehicle dealer for resale
purposes and two dollars of the amount | 4074 |
received by the registrar for
each certificateall other | 4075 |
|
certificates
of title shall be paid into the state treasury
to
| 4076 |
|
the credit of the automated
title processing fund, which is
hereby
| 4077 |
|
created and which shall consist of
moneys collected under
division
| 4078 |
|
(B)(3) of this section and under
sections 1548.10 and
4519.59 of
| 4079 |
|
the Revised Code. All
investment
earnings of the
fund shall be
| 4080 |
|
credited to the fund. The moneys in the fund shall
be used as
| 4081 |
|
follows:
| 4082 |
| (C)(1) The automated title processing board is hereby
| 4101 |
|
created
consisting of the registrar or the registrar's
| 4102 |
|
representative, a
person selected by the registrar, the president
| 4103 |
|
of the Ohio
clerks
of court association or the president's
| 4104 |
|
representative, and two
clerks
of courts of common pleas
| 4105 |
|
appointed
by the governor. The
director of budget and
management
| 4106 |
|
or the
director's
designee, the
chief of
the
division of
| 4107 |
|
watercraft in
the department of natural
resources
or
the chief's
| 4108 |
|
designee, and
the tax commissioner or
the
commissioner's designee
| 4109 |
|
shall
be
nonvoting members of the board.
The purpose of the board
| 4110 |
|
is to facilitate the operation and
maintenance of an automated
| 4111 |
|
title processing system and approve
the procurement of automated
| 4112 |
|
title processing system equipment.
Voting members of the board,
| 4113 |
|
excluding the registrar or the
registrar's representative, shall
| 4114 |
|
serve without compensation, but
shall be reimbursed for travel
| 4115 |
|
and other necessary expenses
incurred in the conduct of their
| 4116 |
|
official duties. The registrar or
the registrar's representative
| 4117 |
|
shall receive neither compensation
nor reimbursement as a board
| 4118 |
|
member.
| 4119 |
| (2) Whether the applicant previously has been licensed to
| 4150 |
|
operate a commercial motor vehicle or any other type of motor
| 4151 |
|
vehicle in another state or a foreign jurisdiction and, if so,
| 4152 |
|
when, by what state, and whether the license or driving
privileges
| 4153 |
|
currently are suspended or revoked in any
jurisdiction, or the
| 4154 |
|
applicant otherwise has been disqualified
from operating a
| 4155 |
|
commercial motor vehicle, or is subject to an
out-of-service order
| 4156 |
|
issued under this chapter or any similar law
of another state or a
| 4157 |
|
foreign jurisdiction and, if so, the date
of, locations involved,
| 4158 |
|
and reason for the suspension,
revocation, disqualification, or
| 4159 |
|
out-of-service order;
| 4160 |
| (7) On and after May 1, 1993, whether the applicant has
| 4180 |
|
executed a valid durable power of attorney for health care
| 4181 |
|
pursuant to sections 1337.11 to 1337.17 of the Revised Code or
has
| 4182 |
|
executed a declaration governing the use or continuation, or
the
| 4183 |
|
withholding or withdrawal, of life-sustaining treatment
pursuant
| 4184 |
|
to sections 2133.01 to 2133.15
of the Revised Code and, if the
| 4185 |
|
applicant has executed either type of instrument, whether the
| 4186 |
|
applicant wishes the license issued to indicate that
the applicant
| 4187 |
|
has executed the instrument;
| 4188 |
(8) On and after the date that is fifteen months after the
| 4189 |
effective date of this amendmentOctober 7, 2009, whether the
| 4190 |
applicant is an
honorably dischargeda veteran, active duty, or
| 4191 |
|
reservist
of the armed forces
of the United
States and, if the
| 4192 |
applicant is
such an honorably
discharged
veteran, whether the
| 4193 |
|
applicant wishes
the license
issued to
indicate that the
| 4194 |
applicant is an honorably
dischargeda
veteran, active duty, or
| 4195 |
|
reservist of
the armed forces of the United States by a military
| 4196 |
|
designation on the license.
| 4197 |
| (G) In addition to any other information it contains, on and
| 4236 |
after the date that is fifteen months after the effective date of
| 4237 |
this amendmentOctober 7, 2009, the
form approved and furnished
| 4238 |
|
by
the registrar
of motor vehicles for
an application for a
| 4239 |
|
commercial driver's
license, restricted
commercial driver's
| 4240 |
|
license, or a commercial
driver's temporary
instruction permit
| 4241 |
|
or an application for a
duplicate of such a
license shall inform
| 4242 |
|
applicants that the
applicant must present a
copy of the
| 4243 |
|
applicant's DD-214 or an
equivalent document in order
to qualify
| 4244 |
|
to have the license or
duplicate indicate that the
applicant is
| 4245 |
an honorably dischargeda
veteran, active duty, or reservist of
| 4246 |
|
the armed forces
of the
United States based on a
request made
| 4247 |
|
pursuant to division
(A)(8) of this section.
| 4248 |
| Sec. 4506.11. (A) Every commercial driver's license shall
be
| 4249 |
|
marked "commercial driver's license" or "CDL" and shall be of
such
| 4250 |
|
material and so designed as to prevent its reproduction or
| 4251 |
|
alteration without ready detection, and, to this end, shall be
| 4252 |
|
laminated with a transparent plastic material. The commercial
| 4253 |
|
driver's
license for licensees under twenty-one years of age shall
| 4254 |
|
have characteristics
prescribed by the registrar of motor | 4255 |
|
vehicles
distinguishing it from that
issued to a licensee who is | 4256 |
|
twenty-one
years of age or older. Every
commercial
driver's | 4257 |
|
license shall
display all of the following
information:
| 4258 |
(12) On and after the date that is fifteen months after the
| 4289 |
effective date of this amendmentOctober 7, 2009, if the licensee
| 4290 |
|
has specified
that the licensee wishes
the license to indicate
| 4291 |
that the
licensee is an honorably
dischargeda veteran, active
| 4292 |
|
duty, or reservist of the
armed forces
of the United States and
| 4293 |
|
has presented a copy of
the licensee's
DD-214 form or an
| 4294 |
|
equivalent document, any symbol
chosen by the
registrar to
| 4295 |
indicate that the licensee is an
honorably
dischargeda veteran,
| 4296 |
|
active duty, or reservist of
the armed forces of the United
| 4297 |
|
States;
| 4298 |
| (B) A test or tests as provided in division (A) of this | 4319 |
|
section may be administered at the direction of a peace officer | 4320 |
|
having reasonable ground to stop or detain the person and, after | 4321 |
|
investigating the circumstances surrounding the operation of the | 4322 |
|
commercial motor vehicle, also having reasonable ground to
believe | 4323 |
|
the person was driving the commercial vehicle
while having a | 4324 |
|
measurable or detectable amount of alcohol or of a
controlled | 4325 |
|
substance or a metabolite of a controlled substance in the | 4326 |
|
person's
whole blood,
blood serum or plasma,
breath, or urine.
Any | 4327 |
|
such test
shall be
given within two hours
of the time of the | 4328 |
|
alleged
violation. | 4329 |
| (D) If a person refuses to submit to a test after being | 4338 |
|
warned as provided in division (C) of this section or submits to
a | 4339 |
|
test that discloses the presence of a controlled substance or a | 4340 |
|
metabolite of a controlled substance,
an
alcohol concentration of | 4341 |
|
four-hundredths of one per cent or
more by whole blood or breath, | 4342 |
|
an alcohol concentration of forty-eight-thousandths of one per | 4343 |
|
cent or more by blood serum or blood plasma, or an alcohol | 4344 |
|
concentration of fifty-six-thousandths of one per cent or more by | 4345 |
|
urine,
the person immediately
shall surrender the person's | 4346 |
|
commercial
driver's
license to the
peace officer.
The peace | 4347 |
|
officer shall
forward the license, together with a
sworn report, | 4348 |
|
to the
registrar of motor vehicles certifying that
the test was | 4349 |
|
requested
pursuant to division (A) of this section
and that the | 4350 |
|
person
either refused to submit to testing or
submitted to a test | 4351 |
|
that
disclosed the presence of a controlled
substance or a | 4352 |
|
metabolite of a controlled substance or a prohibited alcohol | 4353 |
|
concentration. The
form and contents of the report required
by | 4354 |
|
this section shall be
established by the registrar by rule,
but | 4355 |
|
shall contain the advice
to be read to the driver and a
statement | 4356 |
|
to be signed by the
driver acknowledging that
the driver has been | 4357 |
|
read
the advice and
that the form was shown to the driver. | 4358 |
| (F) A
test
of a person's whole blood or a person's
blood | 4371 |
|
serum or plasma given under this section shall comply
with
the | 4372 |
|
applicable provisions of division (D) of section
4511.19 of
the | 4373 |
|
Revised Code and any physician, registered nurse, emergency | 4374 |
|
medical technician,
or qualified
technician, chemist,
or | 4375 |
|
phlebotomist who withdraws
whole blood
or
blood serum or plasma | 4376 |
|
from a
person under this section, and any
hospital, first-aid | 4377 |
|
station,
clinic,
or other facility at which
whole blood
or blood | 4378 |
|
serum or plasma is withdrawn
from a
person
pursuant to
this | 4379 |
|
section, is immune from criminal
liability, and
from civil | 4380 |
|
liability that is based upon a claim of
assault and
battery or | 4381 |
|
based upon any other claim of malpractice,
for any act
performed | 4382 |
|
in withdrawing
whole blood
or blood serum or plasma from
the | 4383 |
|
person. The immunity provided in this division also extends to an | 4384 |
|
emergency medical service organization that employs an emergency | 4385 |
|
medical technician who withdraws blood pursuant to this section. | 4386 |
| (G) When a person submits to a test under this section,
the | 4387 |
|
results of the test, at the person's request, shall be
made | 4388 |
|
available
to the person, the person's attorney, or
the
person's | 4389 |
|
agent, immediately upon completion
of the chemical test analysis. | 4390 |
|
The person also may have an
additional test administered by a | 4391 |
|
physician, a registered nurse,
or a qualified technician,
chemist, | 4392 |
|
or
phlebotomist of the person's own
choosing as
provided
in | 4393 |
|
division (D) of section 4511.19 of the Revised
Code for tests | 4394 |
|
administered under that section, and the failure
to obtain such a | 4395 |
|
test has the same effect as in that division. | 4396 |
| (J)(1) Except for civil actions arising out of the
operation | 4405 |
|
of a motor vehicle and civil actions in which the state
is a | 4406 |
|
plaintiff, no peace officer of any law enforcement agency
within | 4407 |
|
this state is liable in compensatory damages in any civil
action | 4408 |
|
that arises under the Revised Code or common law of this
state for | 4409 |
|
an injury, death, or loss to person or property caused
in the | 4410 |
|
performance of official duties under this section and
rules | 4411 |
|
adopted under this section, unless the officer's actions were | 4412 |
|
manifestly outside the scope of the officer's employment or | 4413 |
|
official
responsibilities, or unless the officer acted with | 4414 |
|
malicious
purpose, in bad faith, or in a wanton or reckless | 4415 |
|
manner. | 4416 |
| (2) Except for civil actions that arise out of the
operation | 4417 |
|
of a motor vehicle and civil actions in which the state
is a | 4418 |
|
plaintiff, no peace officer of any law enforcement agency
within | 4419 |
|
this state is liable in punitive or exemplary damages in
any civil | 4420 |
|
action that arises under the Revised Code or common law
of this | 4421 |
|
state for any injury, death, or loss to person or
property caused | 4422 |
|
in the performance of official duties under
this
section of the | 4423 |
|
Revised Code and rules adopted under this section,
unless the | 4424 |
|
officer's actions were manifestly outside the scope of
the | 4425 |
|
officer's employment or official responsibilities, or
unless the | 4426 |
|
officer acted with malicious purpose, in bad faith, or in a
wanton | 4427 |
|
or reckless manner. | 4428 |
| (L) The registrar immediately shall
notify a driver who is | 4432 |
|
subject to disqualification of the disqualification, of
the length | 4433 |
|
of the disqualification, and that the driver may request a hearing | 4434 |
|
within thirty days of the mailing of the notice to show cause why | 4435 |
|
the driver
should not be disqualified from operating a commercial | 4436 |
|
motor vehicle. If a
request for such a hearing is not made within | 4437 |
|
thirty days of the mailing of
the
notice, the order of | 4438 |
|
disqualification is final. The registrar may designate
hearing | 4439 |
|
examiners who, after affording all parties reasonable notice, | 4440 |
|
shall
conduct a hearing to determine whether the disqualification | 4441 |
|
order is supported
by reliable evidence. The registrar shall
adopt | 4442 |
|
rules to implement this
division. | 4443 |
(g) On and after the date that is fifteen months after the
| 4494 |
effective date of this amendmentOctober 7, 2009, whether the
| 4495 |
applicant is an
honorably dischargeda veteran, active duty, or
| 4496 |
|
reservist
of the armed forces
of the United
States and, if the
| 4497 |
applicant is
such an honorably
discharged
veteran, whether the
| 4498 |
|
applicant wishes
the applicant's
license to
indicate that the
| 4499 |
applicant is an
honorably
dischargeda veteran, active duty, or
| 4500 |
|
reservist of
the armed forces of the United
States by a military
| 4501 |
|
designation on the license.
| 4502 |
| (B) The registrar or a deputy registrar, in accordance
with
| 4507 |
|
section 3503.11 of the Revised Code, shall register as an
elector
| 4508 |
|
any person who applies for a driver's license or
motorcycle
| 4509 |
|
operator's license or endorsement under division (A)
of this
| 4510 |
|
section, or for a renewal or duplicate of the license or
| 4511 |
|
endorsement, if the applicant is eligible and wishes to be
| 4512 |
|
registered as an elector. The decision of an applicant whether to
| 4513 |
|
register as
an elector shall be given no consideration in the
| 4514 |
|
decision of whether to issue
the applicant a license or
| 4515 |
|
endorsement, or a renewal or duplicate.
| 4516 |
| (D) In addition to any other information it contains, on and
| 4525 |
after the date that is fifteen months after the effective date of
| 4526 |
this amendmentOctober 7, 2009, the
approved form furnished by
| 4527 |
|
the
registrar of
motor vehicles for an
application for a
| 4528 |
|
driver's
license or
motorcycle operator's
license or
| 4529 |
|
endorsement or an
application
for a duplicate of any
such
| 4530 |
|
license or endorsement
shall inform
applicants that the
| 4531 |
|
applicant must present a copy
of the
applicant's DD-214 or an
| 4532 |
|
equivalent document in order to
qualify
to have the license or
| 4533 |
duplicate indicate that the
applicant is
an honorably discharged | 4534 |
| a
veteran, active duty, or reservist of the armed forces
of the
| 4535 |
|
United
States based on a
request made pursuant to
division
| 4536 |
|
(A)(1)(g) of
this section.
| 4537 |
| Every driver's license shall display on it the distinguishing
| 4545 |
|
number assigned to the licensee and shall display the licensee's
| 4546 |
|
name
and date of birth;
the licensee's residence address and
| 4547 |
|
county of
residence; a color photograph of the licensee; a brief
| 4548 |
|
description
of the
licensee for the purpose
of identification; a
| 4549 |
|
facsimile of
the signature of the licensee
as it appears on the
| 4550 |
|
application for
the license; a notation, in a
manner
prescribed by
| 4551 |
|
the registrar, indicating
any condition
described in
division
| 4552 |
|
(D)(3) of section 4507.08 of the
Revised
Code
to which
the
| 4553 |
|
licensee is subject; if the licensee has
executed a durable
power
| 4554 |
|
of attorney for health care or a
declaration governing the
use or
| 4555 |
|
continuation, or the withholding
or withdrawal, of
life-sustaining
| 4556 |
|
treatment and has specified that
the licensee
wishes the license
| 4557 |
|
to indicate that the
licensee has
executed
either type of
| 4558 |
|
instrument, any symbol chosen by the
registrar to
indicate that
| 4559 |
|
the licensee has executed either type
of instrument;
on and after
| 4560 |
the date that is fifteen months after the effective date of this
| 4561 |
amendmentOctober 7, 2009, if the
licensee has specified that the
| 4562 |
licensee wishes
the license to
indicate that the licensee is an
| 4563 |
honorably
dischargeda veteran, active duty, or reservist of
the
| 4564 |
|
armed forces of the United
States and
has presented a copy of
| 4565 |
|
the licensee's DD-214 form or
an
equivalent document, any symbol
| 4566 |
chosen by the registrar to
indicate that the licensee is an
| 4567 |
honorably dischargeda veteran, active duty, or reservist of
the
| 4568 |
|
armed forces of the United
States; and any
additional
| 4569 |
|
information that the registrar
requires
by
rule.
No license
shall
| 4570 |
|
display the
licensee's social
security
number unless the licensee
| 4571 |
|
specifically requests
that the
licensee's social security number
| 4572 |
|
be displayed on the license.
If
federal law requires the
| 4573 |
|
licensee's social security number to
be
displayed
on the license,
| 4574 |
|
the social security number shall be
displayed on the license
| 4575 |
|
notwithstanding
this section.
| 4576 |
| Sec. 4507.51. (A)(1) Every application for an
identification
| 4611 |
|
card or duplicate shall be made on a form
furnished
by the
| 4612 |
|
registrar of motor vehicles, shall be signed by
the
applicant, and
| 4613 |
|
by the applicant's parent or guardian if
the
applicant is
under
| 4614 |
|
eighteen years of age, and shall contain the
following
information
| 4615 |
|
pertaining to the applicant: name, date of
birth,
sex, general
| 4616 |
|
description including the applicant's height,
weight, hair color,
| 4617 |
|
and eye color, address,
and social security
number. The
| 4618 |
|
application also shall state whether an applicant
wishes to
| 4619 |
|
certify willingness to
make an anatomical gift under
section
| 4620 |
|
2108.05 of the Revised Code
and shall include information
about
| 4621 |
|
the requirements of sections 2108.01 to 2108.29 of the
Revised
| 4622 |
|
Code that apply to persons who are
less than eighteen
years of
| 4623 |
|
age. The statement regarding
willingness to make such a
donation
| 4624 |
|
shall be given no
consideration in the decision of
whether to
| 4625 |
|
issue an
identification card. Each applicant shall be
photographed
| 4626 |
|
in
color
at the time of making application.
| 4627 |
| (2)(a) The application also shall
state whether the applicant
| 4628 |
|
has executed a valid durable power
of attorney for health care
| 4629 |
|
pursuant to sections 1337.11 to 1337.17
of the Revised Code or has
| 4630 |
|
executed a declaration governing the
use or continuation, or the
| 4631 |
|
withholding or withdrawal, of
life-sustaining treatment pursuant
| 4632 |
|
to sections 2133.01
to 2133.15 of the Revised Code and, if the
| 4633 |
|
applicant has executed
either type of
instrument, whether the
| 4634 |
|
applicant wishes the
identification card issued to indicate that
| 4635 |
|
the applicant has
executed the instrument.
| 4636 |
(b) On and after the date that is fifteen months after the
| 4637 |
effective date of this amendmentOctober 7, 2009, the application
| 4638 |
also shall state
whether the applicant is
an honorably
| 4639 |
dischargeda veteran, active duty, or reservist of the
armed
| 4640 |
forces of the United
States and, if the applicant is such
an
| 4641 |
honorably discharged
veteran, whether the applicant wishes the
| 4642 |
identification card
issued to indicate that the applicant is an
| 4643 |
honorably dischargeda
veteran, active duty, or reservist of the
| 4644 |
|
armed forces of the United
States by a military designation on
| 4645 |
|
the identification card.
| 4646 |
| (B) The application for an identification card or
duplicate
| 4654 |
|
shall be filed in the office of the registrar or
deputy registrar.
| 4655 |
|
Each applicant shall present documentary evidence as
required by
| 4656 |
|
the registrar of the applicant's age and
identity,
and the
| 4657 |
|
applicant shall swear that all
information
given is true. An
| 4658 |
|
identification card issued by the department of rehabilitation and
| 4659 |
|
correction under section 5120.59 of the Revised Code shall be
| 4660 |
|
sufficient documentary evidence under this division. Upon issuing
| 4661 |
|
an identification card under this section for a person who has
| 4662 |
|
been issued an identification card under section 5120.59 of the
| 4663 |
|
Revised Code, the registrar or deputy registrar shall destroy the
| 4664 |
|
identification card issued under section 5120.59 of the Revised
| 4665 |
|
Code.
| 4666 |
| (C) In addition to any other information it contains, on and
| 4674 |
|
after the date that is fifteen months after the effective date of
| 4675 |
|
this amendment, the
form furnished by the registrar of motor
| 4676 |
|
vehicles for an
application for an identification card or
| 4677 |
|
duplicate shall inform
applicants that the applicant must present
| 4678 |
|
a copy of the
applicant's DD-214 or an equivalent document in
| 4679 |
|
order to qualify
to have the card or duplicate indicate that the
| 4680 |
|
applicant is an
honorably discharged veteran of the armed forces
| 4681 |
|
of the United
States based on a request made pursuant to division
| 4682 |
|
(A)(2)(b) of
this section.
| 4683 |
| The identification card shall display substantially the
same
| 4693 |
|
information as contained in the application and as described in
| 4694 |
|
division (A)(1) of section 4507.51 of the Revised Code,
but shall
| 4695 |
|
not display the cardholder's social security number
unless the
| 4696 |
|
cardholder
specifically requests that the cardholder's
social
| 4697 |
|
security number
be
displayed on the card. If federal
law
requires
| 4698 |
|
the
cardholder's social
security number to be
displayed
on the
| 4699 |
|
identification card, the social
security number
shall be
displayed
| 4700 |
|
on the card notwithstanding
this section. The
identification
card
| 4701 |
|
also
shall
display the color photograph of the
cardholder.
If
the
| 4702 |
|
cardholder
has executed a
durable power of
attorney for
health
| 4703 |
|
care or a
declaration
governing the use or
continuation, or
the
| 4704 |
|
withholding
or
withdrawal, of life-sustaining
treatment and
has
| 4705 |
|
specified that
the cardholder wishes the
identification
card
to
| 4706 |
|
indicate that the
cardholder has
executed
either type of
| 4707 |
|
instrument, the card also
shall
display
any symbol
chosen by the
| 4708 |
|
registrar to indicate that
the
cardholder has
executed either type
| 4709 |
of instrument. On and after the date that is fifteen months after
| 4710 |
the effectve date of this amendmentOctober 7, 2009, if the
| 4711 |
|
cardholder has
specified that the cardholder
wishes the
| 4712 |
identification card to
indicate that the cardholder is
an
| 4713 |
honorably dischargeda veteran, active duty, or reservist
of the
| 4714 |
|
armed forces of the United
States and has presented a copy
of
| 4715 |
|
the cardholder's DD-214 form
or
an equivalent document, the
| 4716 |
|
card also shall display any
symbol
chosen by the registrar to
| 4717 |
indicate that the cardholder
is an
honorably dischargeda | 4718 |
|
veteran, active duty, or reservist
of the armed forces of the
| 4719 |
|
United
States. The card
shall be
sealed in
transparent plastic
| 4720 |
|
or
similar
material and
shall be so
designed
as to prevent its
| 4721 |
|
reproduction
or alteration
without
ready
detection.
| 4722 |
| Every identification card issued to a resident of this state
| 4731 |
|
shall
expire, unless canceled or
surrendered earlier, on the
| 4732 |
|
birthday of the cardholder in the
fourth year after the date on
| 4733 |
|
which it is issued. Every identification
card issued to a
| 4734 |
|
temporary resident shall expire in accordance with rules
adopted
| 4735 |
|
by the registrar and is nonrenewable, but may be replaced with a
| 4736 |
|
new
identification card upon the applicant's compliance with all
| 4737 |
|
applicable
requirements. A cardholder
may renew the cardholder's
| 4738 |
|
identification card within
ninety days prior to the day on which
| 4739 |
|
it expires by filing an
application and paying the prescribed fee
| 4740 |
|
in accordance with section 4507.50
of the Revised Code.
| 4741 |
| When a cardholder applies for a duplicate or obtains a
| 4761 |
|
replacement identification card, the cardholder shall
pay a fee of
| 4762 |
|
two dollars
and fifty cents. A deputy registrar shall be allowed
| 4763 |
|
an
additional fee of
two dollars
and seventy-five cents
commencing
| 4764 |
|
on July 1, 2001,
three dollars and twenty-five cents
commencing on
| 4765 |
|
January 1, 2003,
and three dollars and fifty cents
commencing on
| 4766 |
|
January 1, 2004,
for
issuing a duplicate or
replacement
| 4767 |
|
identification card.
A
disabled veteran who is a
cardholder and
| 4768 |
|
has a
service-connected
disability rated at one
hundred per cent
| 4769 |
|
by
the veterans'
administration may apply to
the
registrar or a
| 4770 |
|
deputy registrar
for the issuance of a
duplicate or
replacement
| 4771 |
|
identification card
without payment of
any fee
prescribed in this
| 4772 |
|
section, and without
payment of any
lamination
fee if the disabled
| 4773 |
|
veteran would not be
required to
pay a
lamination fee in
| 4774 |
|
connection with the issuance
of an
identification card or
| 4775 |
|
temporary identification card as
provided
in division (B) of
| 4776 |
|
section
4507.50 of the Revised
Code.
| 4777 |
| (A) "Vehicle" means every device, including a motorized
| 4806 |
|
bicycle, in, upon, or by which any person or property may be
| 4807 |
|
transported or drawn upon a highway, except
that "vehicle" does
| 4808 |
|
not include any motorized
wheelchair,
any electric personal
| 4809 |
|
assistive mobility
device, any
device that is moved
by
power
| 4810 |
|
collected from overhead
electric
trolley wires or
that is
used
| 4811 |
|
exclusively upon stationary rails
or tracks,
or any device,
other
| 4812 |
|
than
a
bicycle, that is moved by human power.
| 4813 |
| (B) "Motor vehicle" means every vehicle propelled or drawn
by
| 4814 |
|
power other than muscular power or power collected from
overhead
| 4815 |
|
electric trolley wires, except motorized bicycles, road
rollers,
| 4816 |
|
traction engines, power shovels, power cranes, and other
equipment
| 4817 |
|
used in construction work and not designed for or
employed in
| 4818 |
|
general highway transportation, hole-digging
machinery,
| 4819 |
|
well-drilling machinery, ditch-digging machinery, farm
machinery,
| 4820 |
|
and trailers
designed and
used exclusively to
transport a boat
| 4821 |
|
between a place
of storage
and a marina, or in
and around a
| 4822 |
|
marina, when drawn or
towed on a
street or highway
for a distance
| 4823 |
|
of no more than ten
miles and at
a speed of
twenty-five miles per
| 4824 |
|
hour or less.
| 4825 |
| (F) "School bus" means every bus designed for carrying
more
| 4866 |
|
than nine passengers that is owned by a public,
private, or
| 4867 |
|
governmental agency or institution of learning and operated for
| 4868 |
|
the transportation of children to or from a school session or a
| 4869 |
|
school function, or owned by a private person and operated for
| 4870 |
|
compensation for the transportation of children to or from a
| 4871 |
|
school session or a school function, provided "school bus" does
| 4872 |
|
not include a bus operated by a municipally owned transportation
| 4873 |
|
system, a mass transit company operating exclusively within the
| 4874 |
|
territorial limits of a municipal corporation, or within such
| 4875 |
|
limits and the territorial limits of municipal corporations
| 4876 |
|
immediately contiguous to such municipal corporation, nor a
common
| 4877 |
|
passenger carrier certified by the public utilities
commission
| 4878 |
|
unless such bus is devoted exclusively to the
transportation of
| 4879 |
|
children to and from a school session or a
school function, and
| 4880 |
|
"school bus" does not include a van or bus
used by a licensed
| 4881 |
|
child day-care center or type A family
day-care home to transport
| 4882 |
|
children from the child day-care
center or type A family day-care
| 4883 |
|
home to a school if the van or
bus does not have more than fifteen
| 4884 |
|
children in the van or bus at
any time.
| 4885 |
| (M) "Trailer" means every vehicle designed or used for
| 4917 |
|
carrying persons or property wholly on its own structure and for
| 4918 |
|
being drawn by a motor vehicle, including any such vehicle when
| 4919 |
|
formed by or operated as a combination of a "semitrailer" and a
| 4920 |
|
vehicle of the dolly type, such as that commonly known as a
| 4921 |
|
"trailer dolly," a vehicle used to transport agricultural produce
| 4922 |
|
or agricultural production materials between a local place of
| 4923 |
|
storage or supply and the farm when drawn or towed on a street or
| 4924 |
|
highway at a speed greater than twenty-five miles per hour, and a
| 4925 |
|
vehicle designed and used exclusively to transport a boat between
| 4926 |
|
a place of storage and a marina, or in and around a marina, when
| 4927 |
|
drawn or towed on a street or highway for a distance of more than
| 4928 |
|
ten miles or at a speed of more than twenty-five miles per hour.
| 4929 |
| (T) "Explosives" means any chemical compound or mechanical
| 4951 |
|
mixture that is intended for the purpose of producing an
explosion
| 4952 |
|
that contains any oxidizing and combustible units or
other
| 4953 |
|
ingredients in such proportions, quantities, or packing
that an
| 4954 |
|
ignition by fire, by friction, by concussion, by
percussion, or by
| 4955 |
|
a detonator of any part of the compound or
mixture may cause such
| 4956 |
|
a sudden generation of highly heated gases
that the resultant
| 4957 |
|
gaseous pressures are capable of producing
destructive effects on
| 4958 |
|
contiguous objects, or of destroying life
or limb. Manufactured
| 4959 |
|
articles shall not be held to be
explosives when the individual
| 4960 |
|
units contain explosives in such
limited quantities, of such
| 4961 |
|
nature, or in such packing, that it
is impossible to procure a
| 4962 |
|
simultaneous or a destructive
explosion of such units, to the
| 4963 |
|
injury of life, limb, or property
by fire, by friction, by
| 4964 |
|
concussion, by percussion, or by a
detonator, such as fixed
| 4965 |
|
ammunition for small arms, firecrackers,
or safety fuse matches.
| 4966 |
| (NN) "Business district" means the territory fronting upon
a
| 5050 |
|
street or highway, including the street or highway, between
| 5051 |
|
successive intersections within municipal corporations where
fifty
| 5052 |
|
per cent or more of the frontage between such successive
| 5053 |
|
intersections is occupied by buildings in use for business, or
| 5054 |
|
within or outside municipal corporations where fifty per cent or
| 5055 |
|
more of the frontage for a distance of three hundred feet or more
| 5056 |
|
is occupied by buildings in use for business, and the character
of
| 5057 |
|
such territory is indicated by official traffic control
devices.
| 5058 |
| (1) A violation of section 4511.03, 4511.051, 4511.12,
| 5148 |
|
4511.132,
4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,
| 5149 |
|
4511.22,
4511.23, 4511.25,
4511.26,
4511.27, 4511.28, 4511.29,
| 5150 |
|
4511.30,
4511.31, 4511.32, 4511.33, 4511.34,
4511.35,
4511.36,
| 5151 |
|
4511.37,
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43,
| 5152 |
|
4511.431,
4511.432, 4511.44, 4511.441, 4511.451,
4511.452,
| 5153 |
|
4511.46, 4511.47,
4511.48, 4511.481, 4511.49, 4511.50,
4511.511,
| 5154 |
|
4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58,
4511.59,
| 5155 |
|
4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68,
4511.70,
| 5156 |
|
4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72,
4511.73,
| 5157 |
|
4511.763,
4511.771, 4511.78, or 4511.84 of the Revised
Code;
| 5158 |
| Sec. 4511.108. The director of transportation shall adopt | 5172 |
|
rules under Chapter 119. of the Revised Code to establish
a | 5173 |
|
traffic generator sign program and shall set forth in the
traffic | 5174 |
|
engineering manual the specifications for a uniform system
of | 5175 |
|
traffic generator signs and the criteria for participation in
the | 5176 |
|
program. The department of transportation shall operate,
| 5177 |
|
construct, and maintain the program. The director shall establish,
| 5178 |
|
and, subject to approval by the controlling board, may revise at | 5179 |
|
any time, an annual fee to be charged for a
qualifying private | 5180 |
|
business to participate in the traffic
generator sign program. | 5181 |
|
Money paid by the qualifying private
business shall be remitted | 5182 |
|
to the department and shall be
deposited into the highway | 5183 |
|
operating fund. | 5184 |
| (7) A violation of a municipal ordinance prohibiting a person
| 5206 |
|
from operating or being in physical control of any vessel underway
| 5207 |
|
or from manipulating any water skis, aquaplane, or similar device
| 5208 |
|
on the waters of this state while under the influence of alcohol,
| 5209 |
|
a drug of abuse, or a combination of them or prohibiting a person
| 5210 |
|
from operating or being in physical control of any vessel underway
| 5211 |
|
or from manipulating any water skis, aquaplane, or similar device
| 5212 |
|
on the waters of this state with a prohibited concentration of
| 5213 |
|
alcohol, a controlled substance, or a metabolite of a controlled
| 5214 |
|
substance in the whole blood, blood serum or plasma, breath, or
| 5215 |
|
urine;
| 5216 |
| (I) The person is under the influence of alcohol, a drug of | 5344 |
|
abuse, or a combination of them, and, as measured by gas | 5345 |
|
chromatography mass spectrometry, the person has a concentration | 5346 |
|
of marihuana metabolite in the person's urine of at least fifteen | 5347 |
|
nanograms of marihuana metabolite per milliliter of the person's | 5348 |
|
urine or has a concentration of marihuana metabolite in the | 5349 |
|
person's whole blood or blood serum or plasma of at least five | 5350 |
|
nanograms of marihuana metabolite per milliliter of the person's | 5351 |
|
whole blood or blood serum or plasma. | 5352 |
| (xi) The state board of pharmacy has adopted a rule pursuant | 5373 |
|
to section 4729.041 of the Revised Code that specifies the amount | 5374 |
|
of salvia divinorum and the amount of salvinorin A that constitute | 5375 |
|
concentrations of salvia divinorum and salvinorin A in a person's | 5376 |
|
urine, in a person's whole blood, or in a person's blood serum or | 5377 |
|
plasma at or above which the person is impaired for purposes of | 5378 |
|
operating any vehicle, streetcar, or trackless trolley within this | 5379 |
|
state, the rule is in effect, and the person has a concentration | 5380 |
|
of salvia divinorum or salvinorin A of at least that amount so | 5381 |
|
specified by rule in the person's urine, in the person's whole | 5382 |
|
blood, or in the person's blood serum or plasma. | 5383 |
| (b) In any criminal prosecution or juvenile court
proceeding | 5430 |
|
for a violation of
division (A) or (B) of this section
or for an | 5431 |
|
equivalent
offense that is vehicle-related, the court may admit | 5432 |
|
evidence on the
concentration of
alcohol, drugs of abuse, | 5433 |
|
controlled substances,
metabolites of a controlled substance, or
| 5434 |
|
a combination of
them in
the
defendant's
whole blood,
blood serum | 5435 |
|
or plasma,
breath, urine,
or
other bodily
substance at the time | 5436 |
|
of the
alleged violation as
shown by
chemical analysis of the
| 5437 |
|
substance
withdrawn within
three hours of
the time of
the alleged | 5438 |
|
violation. The three-hour
time limit specified in this division | 5439 |
|
regarding the admission of
evidence does not extend or affect the | 5440 |
|
two-hour time limit
specified in division (A) of section 4511.192 | 5441 |
|
of the Revised Code
as the maximum period of time during which a | 5442 |
|
person may consent to
a chemical test or tests as described in | 5443 |
|
that section. The court
may admit evidence on the concentration | 5444 |
|
of alcohol, drugs of
abuse, or a combination of them as described | 5445 |
|
in this division when
a person submits to a blood, breath, urine, | 5446 |
|
or other bodily
substance test at the request of a
law | 5447 |
|
enforcement officer under
section 4511.191 of the
Revised
Code or | 5448 |
|
a blood or urine sample is
obtained pursuant to a search warrant. | 5449 |
|
Only a
physician, a
registered nurse, an emergency medical | 5450 |
|
technician, or a qualified
technician,
chemist,
or
phlebotomist | 5451 |
|
shall withdraw a blood sample for
the
purpose of
determining
the | 5452 |
|
alcohol, drug, controlled substance,
metabolite of
a controlled | 5453 |
|
substance, or
combination content
of
the whole
blood, blood | 5454 |
|
serum,
or blood plasma.
This
limitation
does
not
apply to the | 5455 |
|
taking of breath or urine
specimens. A
person
authorized to | 5456 |
|
withdraw blood under
this
division may
refuse to
withdraw blood
| 5457 |
|
under this division, if in
that person's
opinion,
the physical | 5458 |
|
welfare of
the person would
be
endangered
by the
withdrawing of | 5459 |
|
blood. | 5460 |
| (2) In a criminal prosecution or juvenile court proceeding | 5466 |
|
for a violation of division (A) of this section
or for an | 5467 |
|
equivalent offense that is vehicle-related, if there was at the | 5468 |
|
time the
bodily substance
was
withdrawn a concentration of less | 5469 |
|
than
the
applicable
concentration of alcohol specified in | 5470 |
|
divisions (A)(1)(b), (c),
(d), and (e) of this section or less | 5471 |
|
than the applicable
concentration of a listed controlled | 5472 |
|
substance or a listed
metabolite of a controlled substance | 5473 |
|
specified for a violation of
division (A)(1)(j) of this section, | 5474 |
|
that fact
may be considered
with other
competent evidence
in | 5475 |
|
determining the guilt or
innocence of the
defendant. This
division | 5476 |
|
does not limit or
affect
a criminal
prosecution or
juvenile court | 5477 |
|
proceeding for a
violation of
division (B) of this
section or
for | 5478 |
|
an equivalent
offense that
is
substantially
equivalent to
that | 5479 |
|
division. | 5480 |
| If the chemical test was obtained pursuant to division | 5485 |
|
(D)(1)(b) of this section, the person tested may have a physician, | 5486 |
|
a registered nurse,
or a qualified technician, chemist,
or | 5487 |
|
phlebotomist of the
person's own
choosing administer a chemical | 5488 |
|
test or tests,
at the
person's
expense, in addition to any | 5489 |
|
administered at the request
of a
law enforcement
officer.
If
the | 5490 |
|
person was under arrest as described in division (A)(5) of | 5491 |
|
section 4511.191 of the Revised Code, the arresting officer shall | 5492 |
|
advise the person at the time of the arrest that the person may | 5493 |
|
have an independent chemical test taken at the person's own | 5494 |
|
expense. If the person was under arrest other than described in | 5495 |
|
division (A)(5) of section 4511.191 of the Revised Code, the form | 5496 |
|
to be read to the person
to be tested, as required
under
section | 5497 |
|
4511.192 of the Revised
Code, shall state that the person
may have | 5498 |
|
an
independent test
performed at the person's expense.
The failure | 5499 |
|
or
inability to
obtain an additional
chemical test by
a person | 5500 |
|
shall not preclude
the admission of
evidence relating to
the | 5501 |
|
chemical test or tests
taken at the
request of a
law
enforcement | 5502 |
|
officer. | 5503 |
| (b) In any criminal prosecution or juvenile court proceeding | 5509 |
|
for a violation of division (A) or (B) of this section, of a | 5510 |
|
municipal ordinance relating to operating a vehicle while under | 5511 |
|
the influence of alcohol, a drug of abuse, or alcohol and a drug | 5512 |
|
of abuse, or of a municipal ordinance relating to operating a | 5513 |
|
vehicle with a prohibited concentration of alcohol, a controlled | 5514 |
|
substance, or a metabolite of a controlled substance in the whole | 5515 |
|
blood,
blood serum or plasma, breath, or urine, if a law | 5516 |
|
enforcement officer has administered a
field sobriety test to the | 5517 |
|
operator of the vehicle involved in the
violation and if it is | 5518 |
|
shown by clear and convincing evidence that
the officer | 5519 |
|
administered the test in substantial
compliance with
the testing | 5520 |
|
standards for any reliable, credible,
and generally
accepted field | 5521 |
|
sobriety
tests that were in effect at
the time the
tests were | 5522 |
|
administered, including, but not limited
to, any
testing standards | 5523 |
|
then in effect that were set by the
national
highway traffic | 5524 |
|
safety administration, all
of the
following apply: | 5525 |
| (E)(1)
Subject to division (E)(3) of
this section,
in any | 5544 |
|
criminal prosecution or juvenile court proceeding for a
violation | 5545 |
|
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 5546 |
|
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent | 5547 |
|
offense that is substantially equivalent to any
of those | 5548 |
|
divisions, a laboratory report from any
laboratory
personnel | 5549 |
|
issued a permit by the department of health authorizing an | 5550 |
|
analysis as described in this division that
contains an analysis | 5551 |
|
of
the whole blood, blood serum or plasma,
breath, urine, or other | 5552 |
|
bodily substance tested and that contains
all of the information | 5553 |
|
specified in this division shall be
admitted as prima-facie | 5554 |
|
evidence of the information and statements
that the report | 5555 |
|
contains. The laboratory report shall contain all
of the | 5556 |
|
following: | 5557 |
| (F) Except as otherwise provided in this division, any | 5590 |
|
physician, registered nurse, emergency medical technician, or | 5591 |
|
qualified
technician, chemist,
or
phlebotomist who
withdraws blood | 5592 |
|
from a person pursuant
to this
section or section 4511.191 or | 5593 |
|
4511.192 of the Revised Code, and
any hospital, first-aid | 5594 |
|
station, or clinic
at which
blood is
withdrawn from a person | 5595 |
|
pursuant to this
section or section
4511.191 or 4511.192 of the | 5596 |
|
Revised Code, is
immune from criminal
liability and
civil | 5597 |
|
liability
based upon a
claim of assault and
battery or
any other | 5598 |
|
claim that is not
a
claim
of malpractice, for
any
act performed | 5599 |
|
in withdrawing blood
from
the person. The immunity provided in | 5600 |
|
this division also extends to an emergency medical service | 5601 |
|
organization that employs an emergency medical technician who | 5602 |
|
withdraws blood pursuant to this section.
The
immunity
provided | 5603 |
|
in this division is not
available to a
person
who
withdraws blood | 5604 |
|
if the person engages in
willful or wanton
misconduct. | 5605 |
| (i)
If the sentence is being imposed for a violation of | 5620 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 5621 |
|
mandatory jail term
of three consecutive days. As used in
this | 5622 |
|
division, three consecutive days means seventy-two consecutive | 5623 |
|
hours.
The court
may sentence an offender to both an
intervention | 5624 |
|
program and a jail term. The court may impose a jail
term in | 5625 |
|
addition to the three-day mandatory jail term or intervention | 5626 |
|
program. However,
in no case shall the cumulative jail term | 5627 |
|
imposed for the offense
exceed six months. | 5628 |
| The court may suspend the execution of the
three-day jail | 5629 |
|
term under this division if the court, in lieu of that
suspended | 5630 |
|
term, places the offender under a community control sanction | 5631 |
|
pursuant to section 2929.25 of the Revised Code and requires the | 5632 |
|
offender
to
attend, for three consecutive days, a
drivers' | 5633 |
|
intervention
program certified under section 3793.10 of the | 5634 |
|
Revised Code.
The
court also may suspend the execution of any | 5635 |
|
part of the
three-day
jail term under this division if it places | 5636 |
|
the offender under a community control sanction pursuant to | 5637 |
|
section 2929.25 of the Revised Code for part of the three days, | 5638 |
|
requires the offender to
attend for the suspended part of the term | 5639 |
|
a drivers' intervention
program so certified, and sentences the | 5640 |
|
offender to a jail term
equal to the remainder of the three | 5641 |
|
consecutive days that the
offender does not spend attending the | 5642 |
|
program. The court may
require the offender, as a condition of | 5643 |
|
community control and in addition
to the required attendance at a | 5644 |
|
drivers' intervention program, to
attend and satisfactorily | 5645 |
|
complete any treatment or education
programs that comply with the | 5646 |
|
minimum standards adopted pursuant
to Chapter 3793. of the Revised | 5647 |
|
Code by the director of alcohol
and drug addiction services that | 5648 |
|
the operators of the drivers'
intervention program determine that | 5649 |
|
the offender should attend and
to report periodically to the court | 5650 |
|
on the offender's progress in
the programs. The court also may | 5651 |
|
impose on the offender any other
conditions of community control | 5652 |
|
that it considers necessary. | 5653 |
| (ii)
If the sentence is being imposed for a violation of | 5654 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 5655 |
|
section, except as
otherwise provided in
this division, a | 5656 |
|
mandatory jail term of at
least three consecutive
days and a | 5657 |
|
requirement that the offender
attend, for three
consecutive days, | 5658 |
|
a drivers' intervention
program that is
certified pursuant to | 5659 |
|
section 3793.10 of the
Revised Code. As
used in this division, | 5660 |
|
three consecutive days
means seventy-two consecutive
hours. If the | 5661 |
|
court determines that
the offender is not
conducive to treatment | 5662 |
|
in a drivers'
intervention program, if the
offender refuses to | 5663 |
|
attend a drivers'
intervention program, or if the jail at
which | 5664 |
|
the offender is to
serve the jail term imposed can provide a | 5665 |
|
driver's intervention
program, the court shall sentence the | 5666 |
|
offender to a mandatory jail
term of at least six consecutive | 5667 |
|
days. | 5668 |
| The court may require the offender, under a community control | 5669 |
|
sanction imposed under section 2929.25 of the Revised Code,
to | 5670 |
|
attend and satisfactorily complete any treatment or
education | 5671 |
|
programs that comply with the minimum standards adopted
pursuant | 5672 |
|
to
Chapter 3793. of the Revised Code by the director of
alcohol | 5673 |
|
and drug addiction services, in addition to the required | 5674 |
|
attendance at
drivers' intervention program, that the operators of | 5675 |
|
the drivers' intervention
program determine that
the offender | 5676 |
|
should attend and to report periodically to the court
on the | 5677 |
|
offender's progress in the programs. The court also may
impose
any | 5678 |
|
other conditions of community control on the offender that it | 5679 |
|
considers necessary. | 5680 |
| (i)
If the sentence is being imposed for a violation of | 5696 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 5697 |
|
mandatory jail term
of ten consecutive days. The court
shall | 5698 |
|
impose the ten-day mandatory jail term under this division unless, | 5699 |
|
subject to division (G)(3) of this section, it instead
imposes a | 5700 |
|
sentence under that division consisting of both a jail term and a | 5701 |
|
term of
house arrest with electronic monitoring, with continuous | 5702 |
|
alcohol monitoring, or with both electronic monitoring and | 5703 |
|
continuous alcohol monitoring. The court may
impose a
jail term in | 5704 |
|
addition to the
ten-day mandatory jail term.
The
cumulative jail | 5705 |
|
term imposed for the offense shall not exceed
six
months. | 5706 |
| In addition to the jail term or the term of house arrest with | 5707 |
|
electronic monitoring or continuous alcohol monitoring or both | 5708 |
|
types of monitoring and jail term, the court shall require the | 5709 |
|
offender
to be assessed by an
alcohol and drug treatment program | 5710 |
|
that is
authorized by
section 3793.02 of the Revised Code, | 5711 |
|
subject
to division (I) of this section, and shall order the | 5712 |
|
offender to
follow the treatment recommendations of the program. | 5713 |
|
The purpose of the assessment is to determine the
degree of the | 5714 |
|
offender's alcohol usage and to determine whether or
not | 5715 |
|
treatment is warranted. Upon the request of the court, the
program | 5716 |
|
shall submit the results of the
assessment to the court, | 5717 |
|
including
all treatment recommendations
and clinical diagnoses | 5718 |
|
related to
alcohol use. | 5719 |
| (ii)
If the sentence is being imposed for a violation of | 5720 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 5721 |
|
section, except as
otherwise provided in
this division, a | 5722 |
|
mandatory jail term of
twenty consecutive days. The court
shall | 5723 |
|
impose the twenty-day
mandatory jail term under
this division | 5724 |
|
unless, subject to
division (G)(3) of this section,
it instead | 5725 |
|
imposes a sentence
under that division
consisting of both a jail | 5726 |
|
term and a term of
house arrest with electronic monitoring, with | 5727 |
|
continuous alcohol monitoring, or with both electronic monitoring | 5728 |
|
and continuous alcohol monitoring. The court may impose a
jail | 5729 |
|
term in
addition to the twenty-day
mandatory jail term. The | 5730 |
|
cumulative
jail term imposed for the offense shall
not exceed six | 5731 |
|
months. | 5732 |
| In addition to the jail term or the term of house arrest with | 5733 |
|
electronic monitoring or continuous alcohol monitoring or both | 5734 |
|
types of monitoring and jail term, the court shall require the | 5735 |
|
offender
to be assessed by an
alcohol and drug treatment program | 5736 |
|
that is
authorized by
section 3793.02 of the Revised Code, | 5737 |
|
subject
to division (I) of this section, and shall order the | 5738 |
|
offender to
follow the treatment recommendations of the program. | 5739 |
|
The purpose of the assessment is to determine the
degree of the | 5740 |
|
offender's alcohol usage and to determine whether or
not | 5741 |
|
treatment is warranted. Upon the request of the court, the
program | 5742 |
|
shall submit the
results of the assessment to the court, | 5743 |
|
including
all treatment
recommendations and clinical diagnoses | 5744 |
|
related to
alcohol use. | 5745 |
| (i)
If the sentence is being imposed for a violation of | 5768 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 5769 |
|
mandatory jail term
of thirty consecutive days. The court
shall | 5770 |
|
impose the thirty-day mandatory jail term under this division | 5771 |
|
unless, subject to division (G)(3) of this section, it
instead | 5772 |
|
imposes a sentence under that division consisting of both a jail | 5773 |
|
term and a term of
house arrest with electronic monitoring, with | 5774 |
|
continuous alcohol monitoring, or with both electronic monitoring | 5775 |
|
and continuous alcohol monitoring. The
court may impose a
jail | 5776 |
|
term in addition to the
thirty-day
mandatory jail term. | 5777 |
|
Notwithstanding the jail terms
set
forth in sections 2929.21 to | 5778 |
|
2929.28 of the Revised Code, the additional
jail
term shall not | 5779 |
|
exceed one year, and the cumulative jail term
imposed
for the | 5780 |
|
offense shall not exceed
one year. | 5781 |
| (ii)
If the sentence is being imposed for a violation of | 5782 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 5783 |
|
section, a mandatory
jail term of
sixty
consecutive days. The | 5784 |
|
court shall impose the
sixty-day mandatory jail
term under this | 5785 |
|
division unless, subject
to division (G)(3)
of this section, it | 5786 |
|
instead imposes a sentence
under that division
consisting of both | 5787 |
|
a jail term
and a term of
house arrest with electronic monitoring, | 5788 |
|
with continuous alcohol monitoring, or with both electronic | 5789 |
|
monitoring and continuous alcohol monitoring. The court may impose | 5790 |
|
a
jail term in
addition to the sixty-day mandatory jail term.
| 5791 |
|
Notwithstanding
the jail terms set forth in sections 2929.21 to | 5792 |
|
2929.28 of the
Revised Code, the additional jail term shall
not | 5793 |
|
exceed one year,
and the cumulative jail term imposed for the | 5794 |
|
offense
shall not
exceed one year. | 5795 |
| (vi)
In all cases, the court shall order the
offender to | 5813 |
|
participate in an alcohol and drug
addiction
program
authorized | 5814 |
|
by section
3793.02 of the Revised
Code, subject to
division (I) | 5815 |
|
of this
section, and shall order the offender to
follow the | 5816 |
|
treatment recommendations of the program. The operator
of the | 5817 |
|
program shall determine and assess the degree of the
offender's | 5818 |
|
alcohol dependency and shall make recommendations for
treatment. | 5819 |
|
Upon the request of the court, the program shall submit
the | 5820 |
|
results of the assessment to the court, including all
treatment | 5821 |
|
recommendations and clinical diagnoses related to
alcohol use. | 5822 |
| (i)
If the sentence is being imposed for a violation of | 5832 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 5833 |
|
mandatory prison term of one, two, three, four, or five years as | 5834 |
|
required by and in accordance with division (G)(2) of section | 5835 |
|
2929.13 of the Revised Code if the offender also is convicted of | 5836 |
|
or also pleads guilty to a specification of the type described in | 5837 |
|
section 2941.1413 of the Revised Code or, in the
discretion of
the | 5838 |
|
court, either a mandatory term of local
incarceration of sixty | 5839 |
|
consecutive
days in accordance with
division (G)(1) of section | 5840 |
|
2929.13 of the Revised Code or a
mandatory prison term of sixty | 5841 |
|
consecutive days in
accordance
with division (G)(2) of that | 5842 |
|
section if the offender is not convicted of and does not plead | 5843 |
|
guilty to a specification of that type. If the
court
imposes a | 5844 |
|
mandatory term of local incarceration, it may impose a
jail
term | 5845 |
|
in addition to the sixty-day mandatory term, the
cumulative total | 5846 |
|
of the mandatory
term and the jail term for the
offense
shall not | 5847 |
|
exceed one year, and, except as provided in division (A)(1) of | 5848 |
|
section 2929.13 of the Revised Code, no prison term is
authorized | 5849 |
|
for the
offense. If the court imposes a mandatory
prison term, | 5850 |
|
notwithstanding
division (A)(4) of section 2929.14 of
the Revised | 5851 |
|
Code, it also may sentence the offender to a definite
prison term | 5852 |
|
that shall be not less than six months and not more
than thirty | 5853 |
|
months and the
prison terms shall be imposed as described
in | 5854 |
|
division (G)(2) of
section 2929.13 of the Revised Code. If the | 5855 |
|
court imposes a mandatory prison term or mandatory prison term and | 5856 |
|
additional prison term, in addition to the term or terms so | 5857 |
|
imposed, the court also may sentence the offender to a community | 5858 |
|
control sanction for the offense, but the offender shall serve all | 5859 |
|
of the prison terms so imposed prior to serving the community | 5860 |
|
control sanction. | 5861 |
| (ii)
If the sentence is being imposed for a violation of | 5862 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 5863 |
|
section, a mandatory prison term of one, two, three, four, or five | 5864 |
|
years as required by and in accordance with division (G)(2) of | 5865 |
|
section 2929.13 of the Revised Code if the offender also is | 5866 |
|
convicted of or also pleads guilty to a specification of the type | 5867 |
|
described in section 2941.1413 of the Revised Code or, in the | 5868 |
|
discretion of the
court, either a mandatory term of local | 5869 |
|
incarceration of one
hundred twenty consecutive days in accordance | 5870 |
|
with division (G)(1)
of section 2929.13 of the Revised Code or a | 5871 |
|
mandatory prison
term of one hundred twenty consecutive days in | 5872 |
|
accordance with division
(G)(2) of that section if the offender is | 5873 |
|
not convicted of and does not plead guilty to a specification of | 5874 |
|
that type. If the court
imposes a mandatory
term of local | 5875 |
|
incarceration, it may impose a
jail term in addition to the one | 5876 |
|
hundred twenty-day mandatory
term, the cumulative total of the | 5877 |
|
mandatory term
and the jail term
for
the offense shall not exceed | 5878 |
|
one year, and, except as provided in division (A)(1) of section | 5879 |
|
2929.13 of the Revised Code, no prison term is
authorized for the | 5880 |
|
offense. If the court imposes a mandatory
prison term, | 5881 |
|
notwithstanding division (A)(4) of section 2929.14 of
the Revised | 5882 |
|
Code,
it also may sentence the offender to a definite
prison term | 5883 |
|
that shall be not
less than six months and not more
than thirty | 5884 |
|
months and the prison terms shall
be imposed as described
in | 5885 |
|
division (G)(2) of section 2929.13 of the Revised Code. If the | 5886 |
|
court imposes a mandatory prison term or mandatory prison term and | 5887 |
|
additional prison term, in addition to the term or terms so | 5888 |
|
imposed, the court also may sentence the offender to a community | 5889 |
|
control sanction for the offense, but the offender shall serve all | 5890 |
|
of the prison terms so imposed prior to serving the community | 5891 |
|
control sanction. | 5892 |
| (vi)
In all cases, the court shall order the
offender to | 5909 |
|
participate in an alcohol and drug
addiction
program
authorized by | 5910 |
|
section 3793.02 of the Revised
Code, subject to
division (I) of | 5911 |
|
this section, and shall order the offender to
follow the | 5912 |
|
treatment recommendations of the program. The operator
of the | 5913 |
|
program shall determine and assess the degree of the
offender's | 5914 |
|
alcohol dependency and shall make recommendations for
treatment. | 5915 |
|
Upon the request of the court, the program shall submit
the | 5916 |
|
results of the assessment to the court, including all
treatment | 5917 |
|
recommendations and clinical diagnoses related to
alcohol use. | 5918 |
| (i)
If the offender is being sentenced for a violation of | 5931 |
|
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 5932 |
|
mandatory prison term of one, two, three, four, or five years as | 5933 |
|
required by and in accordance with division (G)(2) of section | 5934 |
|
2929.13 of the Revised Code if the offender also is convicted of | 5935 |
|
or also pleads guilty to a specification of the type described in | 5936 |
|
section 2941.1413 of the Revised Code or a
mandatory
prison term | 5937 |
|
of sixty consecutive days in
accordance with
division (G)(2) of | 5938 |
|
section 2929.13 of the Revised Code if the offender is not | 5939 |
|
convicted of and does not plead guilty to a specification of that | 5940 |
|
type. The court
may impose a prison term in
addition to the | 5941 |
|
mandatory
prison term. The cumulative
total of
a sixty-day | 5942 |
|
mandatory prison term
and the additional prison term for the | 5943 |
|
offense shall
not exceed
five years. In addition to the mandatory | 5944 |
|
prison term or mandatory prison term and additional prison term | 5945 |
|
the court imposes, the court also may sentence the offender to a | 5946 |
|
community
control sanction for the
offense, but the offender | 5947 |
|
shall serve all of the prison terms so imposed prior to serving | 5948 |
|
the community control sanction. | 5949 |
| (ii)
If the sentence is being imposed for a violation of | 5950 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 5951 |
|
section, a mandatory prison term of one, two, three, four, or five | 5952 |
|
years as required by and in accordance with division (G)(2) of | 5953 |
|
section 2929.13 of the Revised Code if the offender also is | 5954 |
|
convicted of or also pleads guilty to a specification of the type | 5955 |
|
described in section 2941.1413 of the Revised Code or a mandatory | 5956 |
|
prison term of
one
hundred twenty consecutive days in accordance | 5957 |
|
with division (G)(2)
of section 2929.13 of the Revised Code if the | 5958 |
|
offender is not convicted of and does not plead guilty to a | 5959 |
|
specification of that type. The
court may
impose a prison term in | 5960 |
|
addition to the mandatory
prison term. The cumulative total of a | 5961 |
|
one hundred twenty-day
mandatory prison term and
the additional | 5962 |
|
prison term for the
offense shall not exceed five
years. In | 5963 |
|
addition to the mandatory prison term or mandatory prison term and | 5964 |
|
additional prison term the court imposes, the court also may | 5965 |
|
sentence the offender to a community
control sanction for the | 5966 |
|
offense, but the offender shall serve all of the prison terms so | 5967 |
|
imposed prior to serving the community control sanction. | 5968 |
| (vi)
In all cases, the court shall order the
offender to | 5985 |
|
participate in an alcohol and drug
addiction
program
authorized | 5986 |
|
by section 3793.02 of the Revised
Code,
subject to
division (I) | 5987 |
|
of this section, and shall order the offender to
follow the | 5988 |
|
treatment recommendations of the program. The operator
of the | 5989 |
|
program shall determine and assess the degree of the
offender's | 5990 |
|
alcohol dependency and shall make recommendations for
treatment. | 5991 |
|
Upon the request of the court, the program shall submit
the | 5992 |
|
results of the assessment to the court, including all
treatment | 5993 |
|
recommendations and clinical diagnoses related to
alcohol use. | 5994 |
| (3) If an offender is sentenced to a jail term under
division | 6002 |
|
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and | 6003 |
|
if,
within sixty days of
sentencing of the offender,
the court | 6004 |
|
issues a written finding on the record
that, due to the | 6005 |
|
unavailability of space at the
jail where the offender is required | 6006 |
|
to serve the term, the offender will not
be able to begin serving | 6007 |
|
that term within the
sixty-day period following the date of | 6008 |
|
sentencing, the court may
impose an alternative sentence under | 6009 |
|
this division that includes a
term of house arrest with electronic | 6010 |
|
monitoring, with continuous alcohol monitoring, or with both | 6011 |
|
electronic monitoring and continuous alcohol monitoring. | 6012 |
| As an alternative to a mandatory jail term of ten consecutive | 6013 |
|
days
required by division (G)(1)(b)(i) of this
section, the court, | 6014 |
|
under this division, may sentence the
offender to five consecutive | 6015 |
|
days in jail and not less than eighteen consecutive days of house | 6016 |
|
arrest with electronic monitoring, with continuous alcohol | 6017 |
|
monitoring, or with both electronic monitoring and continuous | 6018 |
|
alcohol monitoring. The cumulative total of
the five consecutive | 6019 |
|
days in
jail and the period of house arrest with electronic | 6020 |
|
monitoring, continuous alcohol monitoring, or both types of | 6021 |
|
monitoring shall
not exceed six months. The five
consecutive days | 6022 |
|
in jail do not
have to be served prior to or
consecutively to the | 6023 |
|
period of house
arrest. | 6024 |
| As an alternative to the mandatory jail term of twenty | 6025 |
|
consecutive
days required by division (G)(1)(b)(ii)
of
this | 6026 |
|
section, the
court, under this division, may sentence the offender | 6027 |
|
to ten consecutive days
in jail and not less than thirty-six | 6028 |
|
consecutive days of
house arrest with electronic monitoring, with | 6029 |
|
continuous alcohol monitoring, or with both electronic monitoring | 6030 |
|
and continuous alcohol monitoring. The
cumulative total of the ten | 6031 |
|
consecutive days in
jail and the
period of house arrest with | 6032 |
|
electronic monitoring, continuous alcohol monitoring, or both | 6033 |
|
types of monitoring shall
not exceed
six months. The ten | 6034 |
|
consecutive days in jail do not
have to be
served prior to or | 6035 |
|
consecutively to the period of house
arrest. | 6036 |
| As an alternative to a mandatory jail term of thirty | 6037 |
|
consecutive
days required by division (G)(1)(c)(i) of
this | 6038 |
|
section, the court,
under this division, may sentence the offender | 6039 |
|
to fifteen consecutive days in
jail and not less than fifty-five | 6040 |
|
consecutive days of house arrest with electronic monitoring, with | 6041 |
|
continuous alcohol monitoring, or with both electronic monitoring | 6042 |
|
and continuous alcohol monitoring. The
cumulative total of the | 6043 |
|
fifteen
consecutive days in jail and the
period of house arrest | 6044 |
|
with electronic monitoring, continuous alcohol monitoring, or both | 6045 |
|
types of monitoring shall not exceed
one year. The fifteen | 6046 |
|
consecutive days in jail
do not have to be
served prior to or | 6047 |
|
consecutively to the period of house arrest. | 6048 |
| As an alternative to the mandatory jail term of sixty | 6049 |
|
consecutive
days required by division (G)(1)(c)(ii)
of
this | 6050 |
|
section, the
court, under this division, may sentence the offender | 6051 |
|
to thirty
consecutive days in jail and not less than one hundred | 6052 |
|
ten
consecutive days of house arrest with electronic monitoring, | 6053 |
|
with continuous alcohol monitoring, or with both electronic | 6054 |
|
monitoring and continuous alcohol monitoring.
The
cumulative total | 6055 |
|
of the thirty consecutive days in jail and
the
period of house | 6056 |
|
arrest with electronic monitoring, continuous alcohol monitoring, | 6057 |
|
or both types of monitoring shall not
exceed
one year. The thirty | 6058 |
|
consecutive days in jail do not have
to be
served prior to or | 6059 |
|
consecutively to the period of house
arrest. | 6060 |
| (4) If an offender's driver's or occupational driver's | 6061 |
|
license or
permit or nonresident operating privilege is suspended | 6062 |
|
under division
(G) of this
section and if section 4510.13 of the | 6063 |
|
Revised Code permits the
court to grant limited driving | 6064 |
|
privileges, the court may
grant the limited driving privileges
in | 6065 |
|
accordance with that section. If division (A)(7) of that section | 6066 |
|
requires that the court impose as a condition of the
privileges | 6067 |
|
that the
offender must display on the vehicle that is
driven | 6068 |
|
subject to the privileges
restricted license plates that
are | 6069 |
|
issued under section 4503.231 of the Revised Code, except
as | 6070 |
|
provided in division (B) of that section, the court shall impose | 6071 |
|
that condition as one of the conditions of the limited driving | 6072 |
|
privileges granted to the offender, except as provided in division | 6073 |
|
(B) of section 4503.231 of the Revised Code. | 6074 |
| (a)
Twenty-five dollars of the fine imposed under division | 6077 |
|
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under | 6078 |
|
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the | 6079 |
|
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten | 6080 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 6081 |
|
(e)(iii)
of this section shall be paid to an enforcement
and | 6082 |
|
education fund established by the legislative authority of the law | 6083 |
|
enforcement
agency in this state that primarily was responsible | 6084 |
|
for the arrest of the
offender, as determined by the court that | 6085 |
|
imposes the fine. The agency shall
use this share to pay only | 6086 |
|
those costs it incurs in
enforcing this section or a municipal OVI | 6087 |
|
ordinance
and in informing the public of the laws governing the | 6088 |
|
operation of
a vehicle while under the influence of alcohol, the | 6089 |
|
dangers of
the operation of a vehicle under the influence of | 6090 |
|
alcohol, and other
information relating to the operation of a | 6091 |
|
vehicle under the influence of
alcohol and the consumption of | 6092 |
|
alcoholic beverages. | 6093 |
| (b)
Fifty dollars of the fine imposed under division | 6094 |
|
(G)(1)(a)(iii)
of
this section shall be paid to the political | 6095 |
|
subdivision that pays the cost of
housing the offender during the | 6096 |
|
offender's term of incarceration. If the
offender is being | 6097 |
|
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 6098 |
|
(e), or (j) of this section and was confined as a result of the | 6099 |
|
offense
prior to being
sentenced for the offense but is not | 6100 |
|
sentenced to a
term of incarceration, the
fifty dollars shall
be | 6101 |
|
paid to the
political subdivision that paid the cost of housing | 6102 |
|
the offender
during that period of confinement. The political | 6103 |
|
subdivision
shall use the share under this division to pay or | 6104 |
|
reimburse
incarceration or treatment costs it incurs in housing or | 6105 |
|
providing
drug and alcohol treatment to persons who violate this | 6106 |
|
section or
a municipal OVI ordinance, costs of any immobilizing or | 6107 |
|
disabling
device used on the offender's vehicle, and costs of | 6108 |
|
electronic
house
arrest equipment
needed for persons who violate | 6109 |
|
this
section. | 6110 |
| (d)
One hundred fifteen dollars of the fine imposed under | 6118 |
|
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the | 6119 |
|
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty | 6120 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 6121 |
|
(e)(iii)
of this section shall be paid to the political | 6122 |
|
subdivision
that pays the cost of housing the offender during the | 6123 |
|
offender's term of
incarceration. The political subdivision shall | 6124 |
|
use
this share to pay or reimburse incarceration or treatment | 6125 |
|
costs it incurs in
housing or providing drug and alcohol treatment | 6126 |
|
to persons who
violate this section or a municipal OVI ordinance, | 6127 |
|
costs for any
immobilizing or disabling device used on the | 6128 |
|
offender's vehicle, and costs of electronic house arrest equipment | 6129 |
|
needed for
persons who violate this section. | 6130 |
| (e) Fifty dollars of the fine imposed under divisions | 6131 |
|
(G)(1)(a)(iii),
(G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), | 6132 |
|
and (G)(1)(e)(iii)
of this section shall be deposited into the | 6133 |
|
special projects fund
of the court in which the offender was | 6134 |
|
convicted and that is
established under division (E)(1) of | 6135 |
|
section 2303.201, division
(B)(1) of section 1901.26, or | 6136 |
|
division (B)(1) of section 1907.24 of the
Revised Code, to be | 6137 |
|
used
exclusively to cover the cost of
immobilizing or disabling | 6138 |
|
devices, including certified ignition
interlock devices, and | 6139 |
|
remote alcohol monitoring devices for
indigent offenders who are | 6140 |
|
required by a judge to use either of
these devices. If the court | 6141 |
|
in which
the offender was
convicted does
not have a special | 6142 |
|
projects fund
that is
established under
division (E)(1) of | 6143 |
|
section 2303.201,
division (B)(1) of section
1901.26, or | 6144 |
|
division (B)(1) of section
1907.24 of the Revised Code, the fifty | 6145 |
|
dollars shall be deposited
into the indigent drivers
interlock | 6146 |
|
and alcohol monitoring fund
under division (I) of
section | 6147 |
|
4511.191 of the Revised Code. | 6148 |
| (6) If title to a motor vehicle that is subject to an order | 6160 |
|
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 6161 |
|
this section is assigned or transferred and division (B)(2) or (3) | 6162 |
|
of section 4503.234 of the Revised Code applies, in addition to or | 6163 |
|
independent of any other penalty established by law, the court may | 6164 |
|
fine the offender the value of the vehicle as determined by | 6165 |
|
publications of the national auto dealers association. The | 6166 |
|
proceeds of any fine so imposed shall be distributed in accordance | 6167 |
|
with division (C)(2) of that section. | 6168 |
| (2) If, within one year of the offense, the offender | 6184 |
|
previously
has been convicted of or pleaded guilty to one or more | 6185 |
|
violations of
division (A) or (B) of this section or other | 6186 |
|
equivalent
offenses, the
offender is guilty of a
misdemeanor of | 6187 |
|
the third degree. In addition to any
other
sanction imposed
for | 6188 |
|
the offense, the court shall impose a class
four suspension of the | 6189 |
|
offender's driver's license, commercial
driver's license, | 6190 |
|
temporary
instruction permit, probationary
license, or nonresident | 6191 |
|
operating privilege
from the range
specified in division (A)(4) of | 6192 |
|
section 4510.02 of the Revised
Code. | 6193 |
| (2) Any person who operates a vehicle, streetcar, or
| 6263 |
|
trackless trolley upon
a highway or any public or private property
| 6264 |
|
used by the public
for vehicular travel or parking within this
| 6265 |
|
state
or who is in physical control of a vehicle,
streetcar, or
| 6266 |
|
trackless trolley shall be deemed
to have given
consent to a
| 6267 |
|
chemical test or tests of the
person's
whole blood,
blood serum or
| 6268 |
|
plasma, breath, or urine
to
determine the alcohol,
drug of abuse,
| 6269 |
|
controlled substance, metabolite of a controlled substance, or
| 6270 |
|
combination
content of the
person's
whole blood,
blood serum
or
| 6271 |
|
plasma,
breath, or urine
if
arrested
for
a
violation of
division
| 6272 |
|
(A) or
(B) of
section 4511.19 of the Revised
Code,
section
| 6273 |
|
4511.194 of
the
Revised Code or a substantially equivalent
| 6274 |
|
municipal ordinance, or a municipal OVI
ordinance.
| 6275 |
| (5)(a) If a law enforcement officer arrests a person for a
| 6289 |
|
violation of division (A) or (B) of section 4511.19 of the Revised
| 6290 |
|
Code, section 4511.194 of the Revised Code or a substantially
| 6291 |
|
equivalent municipal ordinance, or a municipal OVI ordinance and
| 6292 |
|
if the person if convicted would be required to be sentenced under
| 6293 |
|
division (G)(1)(c), (d),
or (e) of section
4511.19 of the
| 6294 |
|
Revised
Code, the law
enforcement officer shall request the
| 6295 |
|
person to
submit, and the
person shall submit, to a chemical
| 6296 |
|
test or tests
of the person's
whole blood, blood serum or
| 6297 |
|
plasma, breath, or
urine for the
purpose of determining the
| 6298 |
|
alcohol, drug of abuse,
controlled
substance, metabolite of a
| 6299 |
|
controlled substance, or
combination
content of the person's
| 6300 |
|
whole blood, blood serum or
plasma,
breath, or urine. A law
| 6301 |
|
enforcement officer who makes a
request
pursuant to this
| 6302 |
|
division that a person submit to a
chemical test
or tests is not
| 6303 |
|
required to advise the person of the consequences of submitting
| 6304 |
|
to, or refusing to submit to, the test or tests and is not
| 6305 |
|
required to give the person the form described in division (B) of
| 6306 |
|
section 4511.192 of the Revised Code, but the officer shall
| 6307 |
|
advise the person at the time of
the arrest that if the person
| 6308 |
|
refuses to take a chemical test the
officer may employ whatever
| 6309 |
|
reasonable means are necessary to
ensure that the person submits
| 6310 |
|
to a chemical test of the person's
whole blood or blood serum or
| 6311 |
|
plasma. The officer shall also
advise the person at the time of
| 6312 |
|
the arrest that the person may
have an independent chemical test
| 6313 |
|
taken at the person's own
expense. Divisions (A)(3) and (4) of
| 6314 |
|
this section apply to the
administration of a chemical test or
| 6315 |
|
tests pursuant to this
division.
| 6316 |
| (b) If a person refuses to submit to a chemical test upon a
| 6317 |
|
request made pursuant to division (A)(5)(a) of this section, the
| 6318 |
|
law enforcement officer who made the request may employ whatever
| 6319 |
|
reasonable means are necessary to ensure that the person submits
| 6320 |
|
to a chemical test of the person's whole blood or blood serum or
| 6321 |
|
plasma. A law enforcement officer who acts pursuant to this
| 6322 |
|
division to ensure that a person submits to a chemical test of the
| 6323 |
|
person's whole blood or blood serum or plasma is immune from
| 6324 |
|
criminal and civil liability based upon a claim for assault and
| 6325 |
|
battery or any other claim for the acts, unless the officer so
| 6326 |
|
acted with malicious purpose, in bad faith, or in a wanton or
| 6327 |
|
reckless manner.
| 6328 |
| (B)(1) Upon receipt of the sworn report of
a
law
enforcement
| 6329 |
|
officer
who arrested a person for a violation of
division (A) or
| 6330 |
|
(B) of section 4511.19 of the Revised Code,
section 4511.194 of
| 6331 |
|
the Revised Code or a substantially equivalent municipal
| 6332 |
|
ordinance, or a municipal OVI ordinance
that was completed and
| 6333 |
|
sent to the registrar and a court pursuant
to
section
4511.192 of
| 6334 |
|
the
Revised Code in regard to a
person who
refused to take the
| 6335 |
|
designated chemical test, the
registrar shall
enter into the
| 6336 |
|
registrar's records the fact
that the person's
driver's or
| 6337 |
|
commercial driver's license or permit or nonresident
operating
| 6338 |
|
privilege was suspended by the arresting officer under
this
| 6339 |
|
division and that section and the period of the
suspension,
as
| 6340 |
|
determined under
this
section. The suspension shall be
subject to
| 6341 |
|
appeal as
provided in
section
4511.197 of the Revised
Code. The
| 6342 |
|
suspension
shall be for whichever of the
following
periods
| 6343 |
|
applies:
| 6344 |
| (c) If the arrested person, within
six years of the
date
on
| 6358 |
|
which the person refused the request to consent to the
chemical
| 6359 |
|
test,
had refused two previous requests to consent to a
chemical
| 6360 |
|
test,
had been convicted of or pleaded guilty to two violations of
| 6361 |
|
division (A) or (B) of section 4511.19 of the Revised Code or
| 6362 |
|
other equivalent offenses, or had refused one previous request to
| 6363 |
|
consent to a chemical test and also had been convicted of or
| 6364 |
|
pleaded guilty to one violation of division (A) or (B) of section
| 6365 |
|
4511.19 of the Revised Code or other equivalent offenses, which
| 6366 |
|
violation or offense arose from an incident other than the
| 6367 |
|
incident that led to the refusal, the
suspension
shall be
a class
| 6368 |
|
A suspension imposed for
the period of time
specified in division
| 6369 |
|
(B)(1) of section 4510.02
of the Revised
Code.
| 6370 |
| (d) If the arrested person, within
six years of the
date
on
| 6371 |
|
which the person refused the request to consent to the
chemical
| 6372 |
|
test,
had refused three or more previous requests to
consent to a
| 6373 |
|
chemical test, had been convicted of or pleaded guilty to three or
| 6374 |
|
more violations of division (A) or (B) of section 4511.19 of the
| 6375 |
|
Revised Code or other equivalent offenses, or had refused a number
| 6376 |
|
of previous requests to consent to a chemical test and also had
| 6377 |
|
been convicted of or pleaded guilty to a number of violations of
| 6378 |
|
division (A) or (B) of section 4511.19 of the Revised Code or
| 6379 |
|
other equivalent offenses that cumulatively total three or more
| 6380 |
|
such refusals, convictions, and guilty pleas, the
suspension
shall
| 6381 |
|
be
for five
years.
| 6382 |
| (2)
The registrar shall terminate a suspension of the
| 6383 |
|
driver's or commercial driver's license
or permit of a resident or
| 6384 |
|
of the operating privilege of a nonresident, or a
denial of a
| 6385 |
|
driver's or commercial
driver's license or permit, imposed
| 6386 |
|
pursuant to division (B)(1) of
this
section upon receipt of notice
| 6387 |
|
that the person has entered a
plea of guilty to, or that the
| 6388 |
|
person has been
convicted after entering a plea of no contest to,
| 6389 |
|
operating a vehicle in violation
of section 4511.19
of
the Revised
| 6390 |
|
Code or in violation of a municipal
OVI ordinance,
if the offense
| 6391 |
|
for which the conviction is had or
the
plea is
entered arose from
| 6392 |
|
the same incident that led to the suspension or
denial.
| 6393 |
| (C)(1) Upon receipt of the sworn report of the
law
| 6401 |
|
enforcement
officer
who arrested a person for a violation of
| 6402 |
|
division (A) or
(B) of section 4511.19 of the Revised Code or a
| 6403 |
|
municipal OVI
ordinance that was completed and sent to the
| 6404 |
|
registrar and a court
pursuant
to
section
4511.192 of the Revised
| 6405 |
|
Code in regard to a
person
whose test
results indicate that the
| 6406 |
|
person's
whole blood,
blood
serum or
plasma, breath, or urine
| 6407 |
|
contained
at least the
concentration
of
alcohol
specified in
| 6408 |
|
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
| 6409 |
|
Revised Code or at least the concentration of a listed controlled
| 6410 |
|
substance or a listed metabolite of a controlled substance
| 6411 |
|
specified in division (A)(1)(j) of section 4511.19 of the Revised
| 6412 |
|
Code, the registrar
shall
enter into the registrar's
records the
| 6413 |
|
fact that the
person's
driver's or
commercial
driver's
license or
| 6414 |
|
permit or
nonresident
operating privilege was
suspended
by the
| 6415 |
|
arresting
officer under
this
division
and section
4511.192 of the
| 6416 |
|
Revised Code and the
period of the
suspension, as
determined
under
| 6417 |
|
divisions (C)(1)(a) to
(d) of this
section. The
suspension
shall
| 6418 |
|
be subject to appeal as
provided in
section
4511.197 of the
| 6419 |
|
Revised Code. The
suspension
described in
this division does not
| 6420 |
|
apply to, and shall
not be
imposed upon, a
person arrested for a
| 6421 |
|
violation of section
4511.194
of the Revised
Code or a
| 6422 |
|
substantially equivalent municipal ordinance who submits to a
| 6423 |
|
designated chemical
test.
The
suspension
shall
be for whichever of
| 6424 |
|
the following
periods
applies:
| 6425 |
| (2) The registrar shall terminate a suspension of the
| 6449 |
|
driver's or
commercial driver's license
or permit of a resident or
| 6450 |
|
of the
operating privilege of a nonresident,
or a denial of a
| 6451 |
|
driver's or
commercial driver's license or permit, imposed
| 6452 |
|
pursuant to
division (C)(1) of this section
upon receipt of notice
| 6453 |
|
that the
person has entered a plea of guilty to, or that the
| 6454 |
|
person has
been
convicted after entering a plea of no contest to,
| 6455 |
|
operating
a vehicle in violation of section 4511.19
of the Revised
| 6456 |
|
Code or
in violation of a municipal OVI ordinance,
if the
offense
| 6457 |
|
for which the conviction is had or the plea is
entered arose from
| 6458 |
|
the same incident that led to the suspension or
denial.
| 6459 |
| (2) If a person is arrested for operating a vehicle,
| 6476 |
|
streetcar, or trackless trolley in violation of division (A) or
| 6477 |
|
(B) of section 4511.19 of the Revised Code or a municipal OVI
| 6478 |
|
ordinance, or for being in physical control of a
vehicle,
| 6479 |
|
streetcar, or trackless trolley in violation of section
4511.194
| 6480 |
|
of the
Revised Code or a substantially equivalent municipal
| 6481 |
|
ordinance,
regardless of whether the person's
driver's
or
| 6482 |
|
commercial
driver's license or permit or nonresident
operating
| 6483 |
|
privilege is
or is not suspended under division
(B)
or
(C)
of this
| 6484 |
|
section
or Chapter 4510. of the Revised Code,
the person's
initial
| 6485 |
|
appearance on the charge resulting from the
arrest shall
be held
| 6486 |
|
within five days of the person's arrest or
the issuance of
the
| 6487 |
|
citation to the person, subject to any
continuance
granted by
the
| 6488 |
|
court pursuant to
section
4511.197 of
the Revised Code
regarding
| 6489 |
|
the issues
specified in that division.
| 6490 |
| (F) At the end of a suspension period under this section,
| 6498 |
|
under section 4511.194,
section 4511.196, or division
(G) of
| 6499 |
|
section
4511.19 of the
Revised Code, or under section
4510.07 of
| 6500 |
|
the
Revised Code for a violation of a municipal OVI
ordinance and
| 6501 |
|
upon
the request of the person whose driver's or
commercial
| 6502 |
|
driver's
license or permit was suspended and who is
not
otherwise
| 6503 |
|
subject
to suspension,
cancellation, or
disqualification, the
| 6504 |
|
registrar shall return the driver's or
commercial driver's license
| 6505 |
|
or permit to the person upon the
occurrence of all of the
| 6506 |
|
conditions
specified in divisions
(F)(1) and (2)
of this section:
| 6507 |
| (a) One hundred twelve dollars and fifty
cents shall be
| 6520 |
|
credited to the statewide
treatment and prevention fund created by
| 6521 |
|
section 4301.30 of the Revised Code.
The fund shall be
used to
| 6522 |
|
pay the costs of driver treatment and
intervention programs
| 6523 |
|
operated pursuant to sections 3793.02 and
3793.10 of the Revised
| 6524 |
|
Code. The director of alcohol and drug
addiction services shall
| 6525 |
|
determine the share of the fund that is
to be allocated to alcohol
| 6526 |
|
and drug addiction programs authorized
by section 3793.02 of the
| 6527 |
|
Revised Code, and the share of the fund
that is to be allocated to
| 6528 |
|
drivers' intervention programs
authorized by section 3793.10 of
| 6529 |
|
the Revised Code.
| 6530 |
| (c) Thirty-seven dollars and fifty cents
shall be credited
to
| 6533 |
|
the indigent
drivers alcohol treatment fund, which is hereby
| 6534 |
|
established. Except as
otherwise provided in division
(F)(2)(c)
of
| 6535 |
|
this section, moneys in the fund shall be
distributed by the
| 6536 |
|
department of alcohol and drug addiction
services to the county
| 6537 |
|
indigent drivers alcohol
treatment funds,
the county juvenile
| 6538 |
|
indigent drivers alcohol treatment funds,
and
the municipal
| 6539 |
|
indigent drivers alcohol treatment funds that are
required to be
| 6540 |
|
established by counties and municipal corporations
pursuant
to
| 6541 |
|
this section, and shall be used only
to pay
the cost of an alcohol
| 6542 |
|
and drug addiction treatment program
attended by an offender or
| 6543 |
|
juvenile traffic offender who is
ordered to attend an alcohol and
| 6544 |
|
drug addiction treatment program
by a county, juvenile, or
| 6545 |
|
municipal court judge and who is
determined by the county,
| 6546 |
|
juvenile, or municipal court judge not
to have the means to pay
| 6547 |
|
for
the person's attendance at the
program or to pay the costs
| 6548 |
|
specified in division
(H)(4) of
this section in accordance with
| 6549 |
|
that
division. In addition, a county, juvenile, or municipal court
| 6550 |
|
judge may use moneys in the county indigent drivers alcohol
| 6551 |
|
treatment fund, county juvenile indigent drivers alcohol treatment
| 6552 |
|
fund, or municipal indigent drivers alcohol treatment fund to pay
| 6553 |
|
for the cost of the continued use of an alcohol monitoring device
| 6554 |
|
as described in divisions (H)(3) and (4)
of this section. Moneys
| 6555 |
|
in the fund
that are not
distributed to a
county indigent drivers
| 6556 |
|
alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
| 6557 |
|
treatment fund, or a
municipal indigent
drivers alcohol treatment
| 6558 |
|
fund under division
(H) of this section
because the director of
| 6559 |
|
alcohol and drug addiction
services does
not have the information
| 6560 |
|
necessary to identify the county or
municipal corporation where
| 6561 |
|
the offender or juvenile offender was
arrested may
be transferred
| 6562 |
|
by the director of budget and
management to the
statewide
| 6563 |
|
treatment and prevention
fund created
by section
4301.30 of the
| 6564 |
|
Revised Code, upon certification of the
amount by the director
of
| 6565 |
|
alcohol and drug
addiction services.
| 6566 |
| (h) Fifty dollars shall be credited to the indigent drivers
| 6585 |
|
interlock and alcohol monitoring fund, which is hereby established
| 6586 |
|
in the state treasury. Monies in the fund shall be distributed by
| 6587 |
|
the department of public safety to the county indigent drivers
| 6588 |
|
interlock and alcohol monitoring funds, the county juvenile
| 6589 |
|
indigent drivers interlock and alcohol monitoring funds, and the
| 6590 |
|
municipal indigent drivers interlock and alcohol monitoring funds
| 6591 |
|
that are required to be established by counties and municipal
| 6592 |
|
corporations pursuant to this section, and shall be used only to
| 6593 |
|
pay the cost of an immobilizing or disabling device, including a
| 6594 |
|
certified ignition interlock device, or an alcohol monitoring
| 6595 |
|
device used by an offender or juvenile offender who is ordered to
| 6596 |
|
use the device by a county, juvenile, or municipal court judge and
| 6597 |
|
who is determined by the county, juvenile, or municipal court
| 6598 |
|
judge not to have the means to pay for the person's use of the
| 6599 |
|
device.
| 6600 |
| (3) If a person's driver's or commercial driver's license or
| 6601 |
|
permit is suspended under
this
section,
under section 4511.196 or
| 6602 |
|
division
(G) of section
4511.19 of the Revised Code,
under
section
| 6603 |
|
4510.07 of the Revised
Code for a violation of a municipal
OVI
| 6604 |
|
ordinance or
under any
combination of the
suspensions
described in
| 6605 |
|
division
(F)(3) of
this section, and if the
suspensions arise from
| 6606 |
|
a single incident
or a single set of facts
and
circumstances, the
| 6607 |
|
person is liable
for payment of, and shall
be required to
pay to
| 6608 |
the bureau, only
one reinstatement fee of
four hundred
twenty-five | 6609 |
| seventy-five
dollars.
The
reinstatement fee shall be
distributed
| 6610 |
|
by the bureau
in
accordance
with division
(F)(2) of
this section.
| 6611 |
| (4) The attorney general shall use amounts in the drug abuse
| 6612 |
|
resistance education programs fund to award grants to law
| 6613 |
|
enforcement agencies to establish and implement drug abuse
| 6614 |
|
resistance education programs in public schools. Grants awarded
to
| 6615 |
|
a law enforcement agency under
this
section shall be used by
the
| 6616 |
|
agency to pay for not more than
fifty
per cent of the amount
of
| 6617 |
|
the salaries of law enforcement
officers
who conduct drug abuse
| 6618 |
|
resistance education programs in
public
schools. The attorney
| 6619 |
|
general shall not use more than six
per
cent of the amounts the
| 6620 |
|
attorney general's office
receives under
division
(F)(2)(e) of
| 6621 |
|
this section to pay the costs it incurs
in
administering the grant
| 6622 |
|
program established by division
(F)(2)(e)
of this section and in
| 6623 |
|
providing training and
materials relating
to drug abuse resistance
| 6624 |
|
education programs.
| 6625 |
| (G) Suspension of a commercial driver's license under
| 6631 |
|
division
(B) or
(C) of this section shall be concurrent with
any
| 6632 |
|
period of disqualification under section 3123.611 or
4506.16
of
| 6633 |
|
the Revised Code or any period of suspension under section
3123.58
| 6634 |
|
of the Revised Code. No person who is disqualified for
life from
| 6635 |
|
holding a
commercial driver's license under section
4506.16 of the
| 6636 |
|
Revised
Code shall be issued a driver's license
under Chapter
| 6637 |
|
4507. of
the Revised Code during the period for
which the
| 6638 |
|
commercial
driver's license was suspended under division
(B) or
| 6639 |
|
(C) of this
section. No person whose
commercial driver's license
| 6640 |
|
is
suspended under division
(B) or
(C) of this section shall be
| 6641 |
|
issued a driver's license under
Chapter 4507. of the Revised Code
| 6642 |
|
during the period
of
the suspension.
| 6643 |
| (H)(1) Each county shall establish an indigent drivers
| 6644 |
|
alcohol treatment fund, each county shall establish a juvenile
| 6645 |
|
indigent drivers alcohol treatment fund, and each municipal
| 6646 |
|
corporation in which there is a municipal court shall establish
an
| 6647 |
|
indigent drivers alcohol treatment fund. All revenue that the
| 6648 |
|
general assembly appropriates to the indigent drivers alcohol
| 6649 |
|
treatment fund for transfer to a county indigent drivers alcohol
| 6650 |
|
treatment fund, a county juvenile indigent drivers alcohol
| 6651 |
|
treatment fund, or a municipal indigent drivers alcohol treatment
| 6652 |
|
fund, all portions of fees that are paid under division (F) of
| 6653 |
|
this section and that are credited under that division to the
| 6654 |
|
indigent drivers alcohol treatment fund in the state treasury for
| 6655 |
|
a county indigent drivers alcohol treatment fund, a county
| 6656 |
|
juvenile indigent drivers alcohol treatment fund, or a municipal
| 6657 |
|
indigent drivers alcohol treatment fund, all portions of
| 6658 |
|
additional costs imposed under section 2949.094 of the Revised
| 6659 |
|
Code that are specified for deposit into a county, county
| 6660 |
|
juvenile, or municipal indigent drivers alcohol treatment fund by
| 6661 |
|
that section, and all portions of
fines
that are specified for
| 6662 |
|
deposit into a county or municipal
indigent
drivers alcohol
| 6663 |
|
treatment fund by section 4511.193 of
the Revised
Code shall be
| 6664 |
|
deposited into that county indigent
drivers alcohol
treatment
| 6665 |
|
fund, county juvenile indigent drivers
alcohol treatment
fund, or
| 6666 |
|
municipal indigent drivers alcohol
treatment fund. The portions of
| 6667 |
|
the fees paid under division (F) of this section that are to be so
| 6668 |
|
deposited shall be determined in
accordance
with division
(H)(2)
| 6669 |
|
of this
section. Additionally,
all
portions
of fines that are
| 6670 |
|
paid for a
violation of section
4511.19
of the
Revised Code or
| 6671 |
|
of any prohibition contained in
Chapter
4510. of
the Revised
| 6672 |
|
Code,
and that are
required under
section
4511.19 or
any
provision
| 6673 |
|
of Chapter 4510. of the Revised
Code to
be
deposited
into a
| 6674 |
|
county indigent drivers alcohol
treatment fund
or
municipal
| 6675 |
|
indigent drivers alcohol treatment
fund shall be
deposited into
| 6676 |
|
the appropriate fund in accordance
with the
applicable division of
| 6677 |
|
the section or provision.
| 6678 |
| (3) Expenditures from a county indigent drivers alcohol
| 6715 |
|
treatment fund, a county juvenile indigent drivers alcohol
| 6716 |
|
treatment fund, or a municipal indigent drivers alcohol treatment
| 6717 |
|
fund shall be made only upon the order of a county, juvenile, or
| 6718 |
|
municipal court judge and only for payment of the cost of an
| 6719 |
|
assessment or the cost of the
attendance at an alcohol and drug
| 6720 |
|
addiction treatment program of
a
person who is convicted of, or
| 6721 |
|
found to be a juvenile traffic
offender by reason of, a violation
| 6722 |
|
of division (A) of section
4511.19 of the Revised Code or a
| 6723 |
|
substantially similar municipal
ordinance, who is ordered by the
| 6724 |
|
court to attend the alcohol and
drug addiction treatment program,
| 6725 |
|
and who is determined by the
court to be unable to pay the cost of
| 6726 |
|
the assessment or the cost of attendance at the
treatment
program
| 6727 |
|
or for payment of the costs specified in division
(H)(4)
of this
| 6728 |
|
section in accordance with that division. The
alcohol and
drug
| 6729 |
|
addiction services board or the board of alcohol,
drug
addiction,
| 6730 |
|
and
mental health services established pursuant to
section 340.02
| 6731 |
|
or
340.021 of
the Revised Code and serving the
alcohol, drug
| 6732 |
|
addiction, and mental
health service district in
which the court
| 6733 |
|
is located shall
administer the indigent drivers
alcohol treatment
| 6734 |
|
program of the
court. When a court orders an
offender or juvenile
| 6735 |
|
traffic
offender to obtain an assessment or attend an alcohol and
| 6736 |
|
drug addiction treatment
program, the board shall determine which
| 6737 |
|
program is suitable to
meet the needs of the offender or juvenile
| 6738 |
|
traffic offender, and
when a suitable program is located and space
| 6739 |
|
is available at the
program, the offender or juvenile traffic
| 6740 |
|
offender shall attend
the program designated by the board. A
| 6741 |
|
reasonable amount not to
exceed five per cent of the amounts
| 6742 |
|
credited to and deposited
into the county indigent drivers alcohol
| 6743 |
|
treatment fund, the
county juvenile indigent drivers alcohol
| 6744 |
|
treatment fund, or the
municipal indigent drivers alcohol
| 6745 |
|
treatment fund serving every
court whose program is administered
| 6746 |
|
by that board shall be paid
to the board to cover the costs it
| 6747 |
|
incurs in administering those
indigent drivers alcohol treatment
| 6748 |
|
programs.
| 6749 |
| (a) If the source of the moneys was an appropriation of the
| 6757 |
|
general assembly, a portion of a fee that was paid under division
| 6758 |
|
(F) of this section, a portion of a fine that was specified for
| 6759 |
|
deposit into the fund by section 4511.193 of the Revised Code, or
| 6760 |
|
a portion of a fine that was paid for a violation of section
| 6761 |
|
4511.19 of the Revised Code or of a provision contained in Chapter
| 6762 |
|
4510. of the Revised Code that was required to be deposited into
| 6763 |
|
the fund, to pay for the
continued use of an alcohol monitoring
| 6764 |
|
device by an offender or juvenile traffic
offender, in
| 6765 |
|
conjunction
with a treatment program approved by the
department
| 6766 |
|
of alcohol and
drug addiction services, when such use
is
| 6767 |
|
determined clinically
necessary by the treatment program and
| 6768 |
|
when the court determines
that the offender or juvenile traffic
| 6769 |
|
offender is unable to pay
all or part of the daily monitoring or
| 6770 |
|
cost of
the device;
| 6771 |
| (b) If the source of the moneys was a portion of an
| 6772 |
|
additional court cost imposed under section 2949.094 of the
| 6773 |
|
Revised Code, to pay for the continued use of an
alcohol
| 6774 |
|
monitoring device by an offender or juvenile traffic
offender
| 6775 |
|
when the court determines that the offender or juvenile
traffic
| 6776 |
|
offender is unable to pay all or part of the daily
monitoring or
| 6777 |
|
cost of the device. The moneys may be used for a
device as
| 6778 |
|
described in this division if the use of the device is
in
| 6779 |
|
conjunction with a treatment program approved by the department
| 6780 |
|
of alcohol and drug addiction services, when the use of the device
| 6781 |
|
is determined clinically necessary by the treatment program, but
| 6782 |
|
the use of a device is not required to be in conjunction with a
| 6783 |
|
treatment program approved by the department in order for the
| 6784 |
|
moneys to be used for the device as described in this division.
| 6785 |
| (4) If a county, juvenile, or municipal court determines, in
| 6786 |
|
consultation with the alcohol and drug addiction services board or
| 6787 |
|
the board
of alcohol, drug addiction, and mental health services
| 6788 |
|
established pursuant to
section 340.02 or 340.021 of the Revised
| 6789 |
|
Code
and serving the alcohol, drug addiction, and
mental health
| 6790 |
|
district in which the court is located, that
the funds in the
| 6791 |
|
county indigent drivers alcohol treatment fund, the county
| 6792 |
|
juvenile indigent drivers alcohol treatment fund, or the municipal
| 6793 |
|
indigent
drivers alcohol treatment fund under the control of the
| 6794 |
|
court are more than
sufficient to satisfy the purpose for which
| 6795 |
|
the fund was established, as
specified in divisions
(H)(1) to
(3)
| 6796 |
|
of this section, the
court may declare a surplus in the fund.
If
| 6797 |
|
the court declares a surplus in
the fund, the court may expend
the
| 6798 |
|
amount of the surplus in the fund for:
| 6799 |
| (6) The court shall identify and refer any alcohol and drug
| 6823 |
|
addiction program that is not certified under section 3793.06 of
| 6824 |
|
the Revised Code and that is interested in receiving amounts from
| 6825 |
|
the surplus in the fund declared under division (H)(4) of this
| 6826 |
|
section to the department of alcohol and drug addiction services
| 6827 |
|
in order for the program to become a certified alcohol and drug
| 6828 |
|
addiction program. The department shall keep a record of
| 6829 |
|
applicant
referrals received pursuant to this division and shall
| 6830 |
|
submit a
report on the referrals each year to the general
| 6831 |
|
assembly. If a
program interested in becoming certified makes an
| 6832 |
|
application to
become certified pursuant to section 3793.06 of
| 6833 |
|
the Revised Code,
the program is eligible to receive surplus
| 6834 |
|
funds as long as the
application is pending with the department.
| 6835 |
|
The department of
alcohol and drug addiction services must offer
| 6836 |
|
technical
assistance to the applicant. If the interested program
| 6837 |
|
withdraws
the certification application, the department must
| 6838 |
|
notify the
court, and the court shall not provide the interested
| 6839 |
|
program with
any further surplus funds.
| 6840 |
| (I)(1) Each county shall establish an indigent drivers
| 6841 |
|
interlock and alcohol monitoring fund and a juvenile indigent
| 6842 |
|
drivers interlock and alcohol treatment fund, and each municipal
| 6843 |
|
corporation in which there is a municipal court shall establish an
| 6844 |
|
indigent drivers interlock and alcohol monitoring fund. All
| 6845 |
|
revenue that the general assembly appropriates to the indigent
| 6846 |
|
drivers interlock and alcohol monitoring fund for transfer to a
| 6847 |
|
county indigent drivers interlock and alcohol monitoring fund, a
| 6848 |
|
county juvenile indigent drivers interlock and alcohol monitoring
| 6849 |
|
fund, or a municipal indigent drivers interlock and alcohol
| 6850 |
|
monitoring fund, all portions of license reinstatement fees that
| 6851 |
|
are paid under division (F)(2) of this section and that are
| 6852 |
|
credited under that division to the indigent drivers interlock and
| 6853 |
|
alcohol monitoring fund in the state treasury, and all portions of
| 6854 |
|
fines that are paid under division (G) of section 4511.19 of the
| 6855 |
|
Revised Code and that are credited by division (G)(5)(e) of that
| 6856 |
|
section to the indigent drivers interlock and alcohol monitoring
| 6857 |
|
fund in the state treasury shall be deposited in the appropriate
| 6858 |
|
fund in accordance with division (I)(2) of this section.
| 6859 |
| Sec. 4511.21. (A) No person shall operate a motor
vehicle, | 6884 |
|
trackless trolley, or streetcar at a speed greater or
less than is | 6885 |
|
reasonable or proper, having due regard to the
traffic, surface, | 6886 |
|
and width of the street or highway and any
other conditions, and | 6887 |
|
no person shall drive any motor vehicle,
trackless trolley, or | 6888 |
|
streetcar in and upon any street or highway
at a greater speed | 6889 |
|
than will permit the person to bring it
to a stop within the | 6890 |
|
assured clear distance ahead. | 6891 |
| (1)(a) Twenty miles per hour in school zones during school | 6897 |
|
recess and while children are going to or leaving school during | 6898 |
|
the opening or closing hours, and when twenty miles per hour | 6899 |
|
school speed limit signs are erected; except that, on | 6900 |
|
controlled-access highways and expressways, if the right-of-way | 6901 |
|
line fence has been erected without pedestrian opening, the speed | 6902 |
|
shall be governed by division (B)(4) of this section and on | 6903 |
|
freeways, if the right-of-way line fence has been erected without | 6904 |
|
pedestrian opening, the speed shall be governed by divisions | 6905 |
|
(B)(9) and (10) of this section. The end of every school zone may | 6906 |
|
be marked by a sign indicating the end of the zone. Nothing in | 6907 |
|
this section or in the manual and specifications for a uniform | 6908 |
|
system of traffic control devices shall be construed to require | 6909 |
|
school zones to be indicated by signs equipped with flashing or | 6910 |
|
other lights, or giving other special notice of the hours in
which | 6911 |
|
the school zone speed limit is in effect. | 6912 |
| (b) As used in this section and in section 4511.212 of the | 6913 |
|
Revised Code, "school" means any school chartered under section | 6914 |
|
3301.16 of the Revised Code and any nonchartered school that | 6915 |
|
during the preceding year filed with the department of education | 6916 |
|
in compliance with rule 3301-35-08 of the Ohio Administrative | 6917 |
|
Code, a copy of the school's report for the parents of the | 6918 |
|
school's pupils certifying that the school meets Ohio minimum | 6919 |
|
standards for nonchartered, nontax-supported schools and presents | 6920 |
|
evidence of this filing to the jurisdiction from which it is | 6921 |
|
requesting the establishment of a school zone. "School" also | 6922 |
|
includes a special elementary school that in writing requests the | 6923 |
|
county engineer of the county in which the special elementary | 6924 |
|
school is located to create a school zone at the location of that | 6925 |
|
school. Upon receipt of such a written request, the county | 6926 |
|
engineer shall create a school zone at that location by erecting | 6927 |
|
the appropriate signs. | 6928 |
| (c) As used in this section, "school zone" means that
portion | 6929 |
|
of a street or highway passing a school fronting upon the
street | 6930 |
|
or highway that is encompassed by projecting the school
property | 6931 |
|
lines to the fronting street or highway, and also
includes that | 6932 |
|
portion of a state highway. Upon request from
local
authorities | 6933 |
|
for streets and highways under their
jurisdiction and
that portion | 6934 |
|
of a state highway under the
jurisdiction of the
director of | 6935 |
|
transportation or a request from a county engineer in the case of | 6936 |
|
a school zone for a special elementary school, the director may | 6937 |
|
extend the
traditional school zone boundaries. The distances in | 6938 |
|
divisions
(B)(1)(c)(i), (ii), and (iii) of this section shall not | 6939 |
|
exceed
three hundred feet per approach per direction and are | 6940 |
|
bounded by
whichever of the following distances or combinations | 6941 |
|
thereof the
director approves as most appropriate: | 6942 |
| The director may, upon request by resolution of the | 6961 |
|
legislative authority of a municipal corporation, the board of | 6962 |
|
trustees of a township, or a county board of mental retardation | 6963 |
|
and developmental disabilities created pursuant to Chapter 5126. | 6964 |
|
of the Revised Code, and upon submission by the municipal | 6965 |
|
corporation, township, or county board of such engineering, | 6966 |
|
traffic, and other information as the director considers | 6967 |
|
necessary, designate a school zone on any portion of a state
route | 6968 |
|
lying within the municipal corporation, lying within the | 6969 |
|
unincorporated territory of the township, or lying adjacent to
the | 6970 |
|
property of a school that is operated by such county board,
that | 6971 |
|
includes a crosswalk customarily used by children going to
or | 6972 |
|
leaving a school during recess and opening and closing hours, | 6973 |
|
whenever the distance, as measured in a straight line, from the | 6974 |
|
school property line nearest the crosswalk to the nearest point
of | 6975 |
|
the crosswalk is no more than one thousand three hundred
twenty | 6976 |
|
feet. Such a school zone shall include the distance
encompassed
by | 6977 |
|
the crosswalk and extending three hundred feet on
each approach | 6978 |
|
direction of the state route. | 6979 |
(12) Fifty-five miles per hour for operators of any motor | 7028 |
vehicle
weighing eight thousand pounds or less empty weight and | 7029 |
any commercial bus at
all times on all portions of freeways that | 7030 |
|
are part of the interstate system
and that had such a speed limit | 7031 |
|
established prior to
October 1, 1995, and freeways that are not | 7032 |
|
part of the interstate system, but are built to the standards and | 7033 |
|
specifications that are applicable to freeways that are part of | 7034 |
|
the interstate
system and that had such a speed limit established | 7035 |
|
prior to
October 1, 1995, unless a higher speed limit
is | 7036 |
|
established under division (L) of this
section; | 7037 |
| (C) It is prima-facie unlawful for any person to exceed
any | 7057 |
|
of the speed limitations in divisions (B)(1)(a), (2), (3),
(4), | 7058 |
|
(6), (7), and (8) of this section, or any declared or established | 7059 |
|
pursuant to
this
section by the director or local authorities and | 7060 |
|
it is
unlawful
for any person to exceed any of the speed | 7061 |
|
limitations
in
division
(D) of this section. No person shall be | 7062 |
|
convicted of
more
than
one violation of this section for the same | 7063 |
|
conduct,
although
violations of more than one provision of this | 7064 |
|
section
may be
charged in the alternative in a single affidavit. | 7065 |
| (E) In every charge of violation of this section the | 7088 |
|
affidavit and warrant shall specify the time, place, and speed at | 7089 |
|
which the defendant is alleged to have driven, and in charges
made | 7090 |
|
in reliance upon division (C) of this section also the speed
which | 7091 |
|
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a
limit | 7092 |
|
declared or established pursuant to, this section declares is | 7093 |
|
prima-facie
lawful
at the time and place of such alleged | 7094 |
|
violation, except
that in
affidavits where a person is alleged to | 7095 |
|
have driven at a
greater
speed than will permit the person to | 7096 |
|
bring the
vehicle to a stop
within the assured clear distance | 7097 |
|
ahead the affidavit and warrant
need not specify the speed at | 7098 |
|
which the defendant is alleged to
have driven. | 7099 |
| (F) When a speed in excess of both a prima-facie
limitation | 7100 |
and a limitation in division (D)(1), (2),
(3), (4), or (5), or (6) | 7101 |
|
of
this
section is alleged, the defendant shall be charged in a | 7102 |
|
single
affidavit, alleging a single act, with a violation | 7103 |
|
indicated of
both division (B)(1)(a), (2), (3), (4), (6), (7), or | 7104 |
|
(8)
of this
section, or of a limit declared or established | 7105 |
|
pursuant to this
section
by the
director or local authorities, | 7106 |
and of the
limitation in
division
(D)(1), (2), (3), (4), or (5), | 7107 |
or (6) of
this section. If
the court finds a violation of | 7108 |
|
division
(B)(1)(a), (2), (3), (4),
(6), (7), or (8) of, or a | 7109 |
|
limit
declared or established
pursuant to, this section has | 7110 |
|
occurred, it shall enter a
judgment
of conviction under such | 7111 |
|
division and dismiss the charge
under
division (D)(1), (2), (3), | 7112 |
(4), or (5), or (6) of this section. If
it
finds no
violation of | 7113 |
|
division (B)(1)(a), (2), (3), (4), (6),
(7), or (8) of,
or a | 7114 |
|
limit
declared or established pursuant to, this section, it
shall | 7115 |
|
then
consider whether
the evidence supports a conviction
under | 7116 |
division (D)(1), (2),
(3), (4), or
(5), or (6) of this
section. | 7117 |
| (I)(1) Except as provided in divisions
(I)(2) and (K) of
this | 7130 |
|
section,
whenever local authorities determine upon the basis
of an | 7131 |
|
engineering and traffic investigation that the speed
permitted by | 7132 |
|
divisions (B)(1)(a) to (D) of this section, on any
part of a | 7133 |
|
highway under their jurisdiction, is greater than is
reasonable | 7134 |
|
and safe under the conditions found to exist at such
location,
the | 7135 |
|
local authorities may by resolution request the
director to | 7136 |
|
determine and declare a reasonable and safe
prima-facie speed | 7137 |
|
limit. Upon receipt of such request the
director may determine
and | 7138 |
|
declare a reasonable and safe
prima-facie speed limit at such | 7139 |
|
location, and if the director does
so, then such declared speed | 7140 |
|
limit shall become effective only
when appropriate signs giving | 7141 |
|
notice thereof are erected at such
location by the local | 7142 |
|
authorities. The director may withdraw the
declaration of
a | 7143 |
|
prima-facie speed limit whenever in the
director's opinion
the | 7144 |
|
altered
prima-facie speed becomes
unreasonable. Upon
such | 7145 |
|
withdrawal,
the declared prima-facie
speed shall become | 7146 |
|
ineffective and the
signs relating thereto
shall be immediately | 7147 |
|
removed by the local
authorities. | 7148 |
| (2) A local authority may determine on the basis of a | 7149 |
|
geometric
and traffic characteristic study that the speed limit of | 7150 |
|
sixty-five miles per
hour on a portion of a freeway under its | 7151 |
|
jurisdiction that was established
through the operation of | 7152 |
|
division (L)(3) of
this section is greater than is reasonable or | 7153 |
|
safe under the conditions found
to exist at that portion of the | 7154 |
|
freeway. If the local authority makes such a
determination, the | 7155 |
|
local authority by resolution may request the director to | 7156 |
|
determine and declare a reasonable and safe speed limit of not | 7157 |
|
less than
fifty-five miles per hour for that portion of the | 7158 |
|
freeway. If the director
takes such action, the declared speed | 7159 |
|
limit becomes effective only when
appropriate signs giving notice | 7160 |
|
of it are erected at such location by the
local authority. | 7161 |
| (2) Except as otherwise provided in divisions (K)(4) and
(5) | 7185 |
|
of this section, whenever a board of township trustees
determines | 7186 |
|
upon the basis of an engineering and traffic
investigation that | 7187 |
|
the speed permitted by division (B)(5) of this
section on any part | 7188 |
|
of an unimproved highway under its
jurisdiction and in the | 7189 |
|
unincorporated territory of the township
is greater than is | 7190 |
|
reasonable or safe under the conditions found
to exist at the | 7191 |
|
location, the board may by resolution declare a
reasonable and | 7192 |
|
safe prima-facie speed limit of fifty-five but not
less than | 7193 |
|
twenty-five miles per hour. An altered speed limit
adopted by a | 7194 |
|
board of township trustees under this division
becomes effective | 7195 |
|
when appropriate traffic control devices, as
prescribed in section | 7196 |
|
4511.11 of the Revised Code, giving notice
thereof are erected at | 7197 |
|
the location, which shall be no sooner
than sixty days after | 7198 |
|
adoption of the resolution. | 7199 |
| (4)(a) If the boundary of two townships rests on the | 7215 |
|
centerline of an unimproved highway in unincorporated territory | 7216 |
|
and both townships have jurisdiction over the highway, neither of | 7217 |
|
the boards of township trustees of such townships may declare an | 7218 |
|
altered prima-facie speed limit pursuant to division (K)(2) of | 7219 |
|
this section on the part of the highway under their joint | 7220 |
|
jurisdiction unless the boards of township trustees of both of
the | 7221 |
|
townships determine, upon the basis of an engineering and
traffic | 7222 |
|
investigation, that the speed permitted by division
(B)(5) of this | 7223 |
|
section is greater than is reasonable or safe
under the conditions | 7224 |
|
found to exist at the location and both
boards agree upon a | 7225 |
|
reasonable and safe prima-facie speed limit
of less than | 7226 |
|
fifty-five but not less than twenty-five miles per
hour for that | 7227 |
|
location. If both boards so agree, each shall
follow the
procedure | 7228 |
|
specified in division (K)(2) of this section
for
altering the | 7229 |
|
prima-facie speed limit on the highway. Except
as
otherwise | 7230 |
|
provided in division (K)(4)(b) of this section, no
speed
limit | 7231 |
|
altered pursuant to division (K)(4)(a) of this
section may
be | 7232 |
|
withdrawn unless the boards of township trustees
of both
townships | 7233 |
|
determine that the altered prima-facie speed
limit
previously | 7234 |
|
adopted becomes unreasonable and each board
adopts a
resolution | 7235 |
|
withdrawing the altered prima-facie speed
limit
pursuant to the | 7236 |
|
procedure specified in division (K)(3)(a)
of this
section. | 7237 |
| Whenever a board of township trustees finds upon the basis
of | 7262 |
|
an engineering and traffic investigation that the prima-facie | 7263 |
|
speed permitted by division (B)(5) of this section on any part of | 7264 |
|
a highway under its jurisdiction that is located in a commercial | 7265 |
|
or residential subdivision, except on highways or portions
thereof | 7266 |
|
at the entrances to which vehicular traffic from the
majority of | 7267 |
|
intersecting highways is required to yield the
right-of-way to | 7268 |
|
vehicles on such highways in obedience to stop or
yield signs or | 7269 |
|
traffic control signals, is greater than is
reasonable and safe | 7270 |
|
under the conditions found to exist at the
location, the board may | 7271 |
|
by resolution declare a reasonable and
safe prima-facie speed | 7272 |
|
limit of less than fifty-five but not less
than twenty-five miles | 7273 |
|
per hour at the location. An altered
speed limit adopted by a | 7274 |
|
board of township trustees under this
division shall become | 7275 |
|
effective when appropriate signs giving
notice thereof are erected | 7276 |
|
at the location by the township.
Whenever, in the opinion of a | 7277 |
|
board of township trustees, any
altered prima-facie speed limit | 7278 |
|
established by it under this
division becomes unreasonable, it may | 7279 |
|
adopt a resolution
withdrawing the altered prima-facie speed, and | 7280 |
|
upon such
withdrawal, the altered prima-facie speed shall become | 7281 |
|
ineffective, and the signs relating thereto shall be immediately | 7282 |
|
removed by the township. | 7283 |
| (L)(1) Within one
hundred twenty days of
February 29, 1996, | 7284 |
|
the director of
transportation, based upon a
geometric and traffic | 7285 |
|
characteristic
study of a
freeway that is
part of the interstate | 7286 |
|
system or that
is not part of the
interstate system, but is built | 7287 |
|
to the
standards and
specifications that are
applicable to | 7288 |
|
freeways that
are part of
the interstate system, in consultation | 7289 |
|
with the
director of public
safety and, if applicable, the local | 7290 |
|
authority
having jurisdiction
over a portion of such freeway, may | 7291 |
|
determine
and declare
that the
speed limit of less than sixty-five | 7292 |
|
miles per
hour established on
such
freeway or portion of freeway | 7293 |
|
either is
reasonable and safe
or is less than
that which is | 7294 |
|
reasonable and
safe. | 7295 |
| (3) If, within one hundred twenty days of
February 29,
1996, | 7310 |
|
the director of
transportation does not make a
determination
and | 7311 |
|
declaration of a
reasonable and safe speed limit
for a freeway
or | 7312 |
|
portion of
freeway that is part of the interstate
system or
that | 7313 |
|
is not part
of the
interstate system, but is built
to the | 7314 |
|
standards and
specifications that are
applicable to
freeways that | 7315 |
|
are part of
the interstate system and that has a
speed limit of | 7316 |
|
less than
sixty-five miles per hour, the speed
limit on that | 7317 |
|
freeway or
portion of a freeway shall be sixty-five
miles per | 7318 |
|
hour. The
director of transportation or local authority
having | 7319 |
|
jurisdiction
over the
freeway or portion of the freeway
shall | 7320 |
|
erect appropriate
signs giving notice
of the speed limit of | 7321 |
|
sixty-five miles per
hour at such location within one
hundred | 7322 |
|
fifty days of
February 29, 1996. Such speed
limit
becomes | 7323 |
|
effective only when such signs are erected at the
location. A | 7324 |
|
speed
limit established through the operation of
division
(L)(3) | 7325 |
|
of this section is subject to reduction
under
division (I)(2) of | 7326 |
|
this section. | 7327 |
| (M) Within three hundred sixty days
after
February 29,
1996, | 7328 |
|
the director of
transportation,
based upon a
geometric and
traffic | 7329 |
|
characteristic
study of a rural, divided,
multi-lane
highway that | 7330 |
|
has been
designated as part of the
national highway
system under | 7331 |
|
the
"National
Highway
System
Designation
Act of
1995," 109
Stat. | 7332 |
|
568,
23
U.S.C.A.
103, in
consultation with the
director of public | 7333 |
|
safety and, if
applicable,
the
local authority
having jurisdiction | 7334 |
|
over a portion
of the highway, may
determine
and declare that the | 7335 |
|
speed limit of
less than sixty-five miles per
hour established on | 7336 |
|
the highway or
portion of highway either is
reasonable and
safe or | 7337 |
|
is less than
that which is reasonable and
safe. | 7338 |
| If the established speed limit for the highway or portion of | 7339 |
|
highway is
determined to be less than that which is reasonable and | 7340 |
|
safe, the director of
transportation, in consultation with the | 7341 |
|
director of public safety and, if
applicable, the local authority | 7342 |
|
having jurisdiction over the portion of
highway, shall determine | 7343 |
|
and declare a reasonable and safe speed limit of not
more than | 7344 |
|
sixty-five miles per hour for that highway or portion of highway.
| 7345 |
|
The director of transportation or local authority having | 7346 |
|
jurisdiction over the
highway or portion of highway shall erect | 7347 |
|
appropriate signs giving notice of
the speed limit at such | 7348 |
|
location within three hundred ninety days after
February 29,
1996. | 7349 |
|
The speed limit becomes
effective only when
such signs are
erected | 7350 |
|
at the location. | 7351 |
| (2) Neither local authority may declare an altered | 7364 |
|
prima-facie speed limit pursuant to this section on the part of | 7365 |
|
the highway under their joint jurisdiction unless both of the | 7366 |
|
local authorities determine, upon the basis of an engineering and | 7367 |
|
traffic investigation, that the speed permitted by this section is | 7368 |
|
greater than is reasonable or safe under the conditions found to | 7369 |
|
exist at the location and both authorities agree upon a uniform | 7370 |
|
reasonable and safe prima-facie speed limit of less than | 7371 |
|
fifty-five but not less than twenty-five miles per hour for that | 7372 |
|
location. If both authorities so agree, each shall follow the | 7373 |
|
procedure specified in this section for altering the prima-facie | 7374 |
|
speed limit on the highway, and the speed limit for the part of | 7375 |
|
the highway within their joint jurisdiction shall be uniformly | 7376 |
|
altered. No altered speed limit may be withdrawn unless both local | 7377 |
|
authorities determine that the altered prima-facie speed limit | 7378 |
|
previously adopted becomes unreasonable and each adopts a | 7379 |
|
resolution withdrawing the altered prima-facie speed limit | 7380 |
|
pursuant to the procedure specified in this section. | 7381 |
| (O) At any location on a state highway where the posted speed | 7382 |
|
limit decreases by twenty or more miles per hour, the director of | 7383 |
|
transportation shall establish a speed transition zone consisting, | 7384 |
|
at a minimum, of the preceding one thousand feet. The speed limit | 7385 |
|
for the speed transition zone shall be ten miles per hour more | 7386 |
|
than the speed limit to which the posted speed limit decreases by | 7387 |
|
twenty or more miles per hour. A reduced speed limit established | 7388 |
|
by the director pursuant to this division becomes effective when | 7389 |
|
the department of transportation erects appropriate signs giving | 7390 |
|
notice thereof on the state highway. | 7391 |
| (2) If the offender has not previously been convicted of or | 7417 |
|
pleaded guilty
to a violation of any provision of this section or | 7418 |
|
of any provision of a
municipal ordinance that is substantially | 7419 |
|
similar to this section and operated
a motor vehicle faster than | 7420 |
|
thirty-five
miles an hour in a business district of a municipal | 7421 |
|
corporation,
faster than fifty miles an hour in other portions of | 7422 |
|
a municipal
corporation, or faster than thirty-five miles an hour | 7423 |
|
in a school
zone during recess or while children are going to or | 7424 |
|
leaving
school during the school's opening or closing hours, a | 7425 |
|
misdemeanor of the
fourth degree. | 7426 |
(3) Notwithstanding division (P)(Q)(1) of this section, if | 7427 |
|
the
offender operated a motor vehicle in a construction
zone where | 7428 |
|
a
sign was then posted in accordance with section
4511.98 of the | 7429 |
|
Revised Code, the court, in addition to all
other
penalties | 7430 |
|
provided by law, shall impose upon the offender a fine of two | 7431 |
|
times
the usual amount
imposed for the violation. No court shall | 7432 |
|
impose a
fine of two times the usual amount imposed for the | 7433 |
|
violation upon
an offender if the offender alleges, in an | 7434 |
|
affidavit filed with the court
prior to the offender's sentencing, | 7435 |
|
that the offender is indigent
and is unable to pay the fine | 7436 |
|
imposed pursuant to this division
and if the court determines that | 7437 |
|
the offender is an indigent person
and unable to pay the fine. | 7438 |
| Sec. 4511.213. (A) The driver of a motor vehicle, upon
| 7439 |
|
approaching a stationary
public safety vehicle, an emergency
| 7440 |
vehicle, or a road service
vehicle that is displaying
a flashing
| 7441 |
red light, flashing
combination red and white light,
oscillating
| 7442 |
or rotating red
light,
oscillating or rotating
combination red
| 7443 |
and white light,
flashing
blue light,the appropriate visual
| 7444 |
signals by means of flashing
combination blue and
white light,
| 7445 |
oscillating
or rotating blue
light, or, oscillating,
or rotating
| 7446 |
combination blue and white
lightlights, as prescribed
in section
| 7447 |
|
4513.17 of the Revised Code, shall do either of the
following:
| 7448 |
| (1) If the driver of the motor vehicle is traveling on a
| 7449 |
|
highway
that consists of at least two lanes that carry traffic in
| 7450 |
|
the same
direction of travel as that of the driver's motor
| 7451 |
|
vehicle, the driver
shall proceed with due caution and, if
| 7452 |
|
possible and with due regard to
the road, weather, and traffic
| 7453 |
|
conditions, shall change lanes into a
lane that is not adjacent to
| 7454 |
|
that of the stationary public safety
vehicle, an emergency
| 7455 |
|
vehicle, or a road service
vehicle.
| 7456 |
| (D)(1) Except as otherwise provided in this division,
whoever
| 7471 |
|
violates
this section is guilty of a minor misdemeanor.
If,
within
| 7472 |
|
one year of
the offense, the offender previously has
been
| 7473 |
|
convicted of or pleaded
guilty to one predicate motor vehicle
or
| 7474 |
|
traffic offense, whoever
violates this section is guilty of a
| 7475 |
|
misdemeanor of the fourth
degree. If, within one year of the
| 7476 |
|
offense, the offender
previously has been convicted of two or more
| 7477 |
|
predicate motor
vehicle or traffic offenses, whoever violates this
| 7478 |
|
section is
guilty of a misdemeanor of the third degree.
| 7479 |
| (C) Division (B)(3) of this section does not apply to
a
| 7535 |
|
person who is required by section 4511.81 of the
Revised Code to
| 7536 |
|
be secured in a child restraint device or booster
seat. Division
| 7537 |
|
(B)(1) of this
section does not apply to a person
who is an
| 7538 |
|
employee of the
United States postal service or of a
newspaper
| 7539 |
|
home delivery
service, during any period in which the
person is
| 7540 |
|
engaged in the
operation of an automobile to deliver
mail or
| 7541 |
|
newspapers to
addressees. Divisions (B)(1) and (3) of
this | 7542 |
|
section
do not
apply
to a person who has an affidavit signed
by | 7543 |
|
a
physician
licensed to
practice in this state under Chapter
| 7544 |
|
4731.
of the
Revised Code or
a chiropractor licensed to practice
| 7545 |
|
in this
state
under Chapter
4734. of the Revised Code that states
| 7546 |
|
that the
person has a
physical impairment that makes use of an
| 7547 |
|
occupant
restraining
device impossible or impractical.
| 7548 |
| (D) Notwithstanding any provision of law to the contrary,
no
| 7549 |
|
law enforcement officer shall cause an operator of an
automobile
| 7550 |
|
being operated on any street or highway to stop the
automobile for | 7551 |
|
the sole purpose of determining
whether a
violation of division
| 7552 |
|
(B) of this
section has been or is being
committed or for the | 7553 |
|
sole
purpose of
issuing a ticket, citation,
or summons for a | 7554 |
|
violation
of that
nature or
causing the arrest of or
commencing a
| 7555 |
|
prosecution of a
person for a violation of
that nature, and no
| 7556 |
|
law
enforcement
officer shall view the interior or visually
| 7557 |
|
inspect
any automobile
being operated on any street or highway
| 7558 |
|
for the
sole purpose of
determining whether a violation of that
| 7559 |
|
nature has
been or is being
committed.
| 7560 |
| (F)(1) Subject to division (F)(2) of this section, the
| 7590 |
|
failure of a person to wear all of the available elements of a
| 7591 |
|
properly adjusted occupant restraining device in violation of
| 7592 |
|
division (B)(1) or (3) of this section
or the failure of a
person
| 7593 |
|
to ensure that
each minor who is a
passenger of an
automobile
| 7594 |
|
being
operated by
that person is
wearing all of the
available
| 7595 |
|
elements of
a properly adjusted occupant restraining
device
in
| 7596 |
|
violation of division (B)(2) of this
section shall
not
be
| 7597 |
|
considered
or used by the trier of fact in a tort action as
| 7598 |
|
evidence of negligence or contributory negligence. But, the trier
| 7599 |
|
of fact may determine based on evidence admitted consistent with
| 7600 |
|
the Ohio Rules of Evidence that the failure
contributed to the
| 7601 |
|
harm alleged in the tort action and may
diminish a
recovery
of
| 7602 |
|
compensatory damages that represents
noneconomic loss, as defined
| 7603 |
|
in section 2307.011 of the Revised
Code, in
a tort action
that
| 7604 |
|
could have been recovered but for the
plaintiff's failure to wear
| 7605 |
|
all of the available elements of a
properly adjusted occupant
| 7606 |
|
restraining device. Evidence of that
failure shall not be used as
| 7607 |
|
a
basis for a
criminal prosecution of
the person other than a
| 7608 |
|
prosecution for a
violation of this
section; and shall not be
| 7609 |
|
admissible as evidence
in
a criminal
action involving
the person
| 7610 |
|
other than a
prosecution for a
violation of this
section.
| 7611 |
| (2) If, at the time of an accident involving a passenger
car
| 7612 |
|
equipped with occupant restraining devices, any occupant of
the
| 7613 |
|
passenger car who sustained injury or death was not wearing
an
| 7614 |
|
available occupant restraining device, was not wearing all of
the
| 7615 |
|
available elements of such a device, or was not wearing such
a
| 7616 |
|
device as properly adjusted, then, consistent with the Rules of
| 7617 |
|
Evidence, the fact that the occupant was not wearing the
available
| 7618 |
|
occupant restraining device, was not wearing all of the
available
| 7619 |
|
elements of such a device, or was not wearing such a
device as
| 7620 |
|
properly adjusted is admissible in evidence in relation
to any
| 7621 |
|
claim for relief in a tort action to the extent that the
claim for
| 7622 |
|
relief satisfies all of the following:
| 7623 |
| Sec. 4513.34.
(A) The director of transportation with | 7644 |
|
respect
to all highways
that are a part of the state highway | 7645 |
|
system and
local authorities with respect to highways under their | 7646 |
|
jurisdiction, upon application in writing and for good cause | 7647 |
|
shown,
may issue a special permit in writing authorizing the | 7648 |
|
applicant to operate or move a vehicle or combination of vehicles | 7649 |
|
of a size or weight of vehicle or load exceeding the maximum | 7650 |
|
specified in sections 5577.01 to 5577.09 of the Revised Code, or | 7651 |
|
otherwise not in conformity with sections 4513.01 to 4513.37 of | 7652 |
|
the Revised Code, upon any highway under the jurisdiction of the | 7653 |
|
authority granting
the permit. | 7654 |
| For purposes of this section, the director may designate | 7655 |
|
certain
state highways or portions of state highways as special | 7656 |
|
economic development
highways. If an application submitted to the | 7657 |
|
director under this section
involves travel of a nonconforming | 7658 |
|
vehicle or combination of
vehicles upon a special economic | 7659 |
|
development highway, the
director, in determining whether good | 7660 |
|
cause has been shown
that issuance of a permit is justified, shall | 7661 |
|
consider the effect
the travel of the vehicle or combination of | 7662 |
|
vehicles will have on
the economic development in the area in | 7663 |
|
which the designated
highway or portion of highway is located. | 7664 |
| (B) Notwithstanding sections 715.22
and 723.01 of the
Revised | 7665 |
|
Code, the holder of a special permit
issued by the
director under | 7666 |
|
this section may move the vehicle or
combination of
vehicles | 7667 |
|
described in
the special permit on
any
highway
that is
a part of | 7668 |
|
the state highway system
when the
movement is
partly
within and | 7669 |
|
partly without the corporate limits
of a
municipal
corporation. No | 7670 |
|
local authority shall require any
other
permit or
license or | 7671 |
|
charge any license fee or other charge
against the
holder of a | 7672 |
|
permit for the movement of a vehicle or
combination of
vehicles on | 7673 |
|
any highway that is a part of the
state
highway
system.
The | 7674 |
|
director shall not require the
holder of a
permit
issued by a | 7675 |
|
local
authority
to obtain a special
permit for the
movement of | 7676 |
|
vehicles
or combination of vehicles on
highways within
the | 7677 |
|
jurisdiction of
the local authority. Permits
may be issued
for any | 7678 |
|
period of
time not to exceed one year, as
the director in
the | 7679 |
|
director's discretion or a local
authority in its discretion
| 7680 |
|
determines advisable,
or for the duration of any public | 7681 |
|
construction project. | 7682 |
| (C) The application for a permit shall be in
the
form
that | 7683 |
|
the
director or local authority prescribes. The director
or local | 7684 |
|
authority may prescribe a permit fee to be imposed and
collected | 7685 |
|
when any permit described in this section is issued.
The
permit | 7686 |
|
fee may be in an amount sufficient to reimburse the
director or | 7687 |
|
local authority for the administrative costs incurred
in issuing | 7688 |
|
the permit, and also to cover the cost of the normal
and expected | 7689 |
|
damage caused to the roadway or a street or highway
structure as | 7690 |
|
the result of the operation of the nonconforming
vehicle or | 7691 |
|
combination of vehicles. The director, in accordance
with
Chapter | 7692 |
|
119. of the Revised Code, shall establish a schedule
of
fees for | 7693 |
|
permits issued by the director under this section; provided, that | 7694 |
|
the rules of the director shall include issuance of a continuing | 7695 |
|
annual permit over routes reported to the director. | 7696 |
| (D) The director or local authority may issue or withhold a | 7700 |
|
permit. If a permit is to be issued, the director or local | 7701 |
|
authority may limit or prescribe conditions of operation for the | 7702 |
|
vehicle and may require the posting of a bond or other security | 7703 |
|
conditioned upon the sufficiency of the permit fee to compensate | 7704 |
|
for damage caused to the roadway or a street or highway
structure. | 7705 |
|
In addition, a local
authority, as a condition of issuance of an | 7706 |
|
overweight permit, may
require the applicant to develop and enter | 7707 |
|
into a mutual
agreement with the local authority to compensate
for | 7708 |
|
or to repair
excess damage caused to the roadway by travel
under | 7709 |
|
the permit. | 7710 |
| (G) When the director reasonably believes that grounds for | 7768 |
|
debarment exist, the director shall send the person that is | 7769 |
|
subject to debarment a notice of the proposed debarment. A notice | 7770 |
|
of proposed debarment shall indicate the grounds for the debarment | 7771 |
|
of the person and the procedure for requesting a hearing. The | 7772 |
|
notice and hearing shall be in accordance with Chapter 119. of the | 7773 |
|
Revised Code. If the person does not respond with a request for a | 7774 |
|
hearing in the manner specified in that chapter, the director | 7775 |
|
shall issue the debarment decision without a hearing and shall | 7776 |
|
notify the person of the decision by certified mail, return | 7777 |
|
receipt requested. The debarment period may be of any length | 7778 |
|
determined by the director, and the director may modify or rescind | 7779 |
|
the debarment at any time. During the period of debarment, the | 7780 |
|
director shall not issue, or consider issuing, a special permit to | 7781 |
|
any partnership, association, or corporation that is affiliated | 7782 |
|
with a debarred person. After the debarment period expires, the | 7783 |
|
person, and any partnership, association, or corporation | 7784 |
|
affiliated with the person, may reapply for a special permit. | 7785 |
| (C) No registration is required for a snowmobile, off-highway
| 7859 |
|
motorcycle, or all-purpose vehicle owned and used in this state by
| 7860 |
|
a resident of another state whenever that state has in effect a
| 7861 |
|
registration law similar to this chapter and the snowmobile,
| 7862 |
|
off-highway motorcycle, or all-purpose vehicle is properly
| 7863 |
|
registered under that state's law. Any snowmobile, off-highway
| 7864 |
|
motorcycle, or
all-purpose vehicle owned and used
in this state by
| 7865 |
|
a resident of a state not having a
registration law similar to
| 7866 |
|
this chapter shall comply with section
4519.09 of the
Revised
| 7867 |
|
Code.
| 7868 |
| (B) On and after
July
1, 1999, no
certificate of
registration
| 7910 |
|
or renewal of
a
certificate
of registration
shall be
issued for
an
| 7911 |
|
off-highway motorcycle or
all-purpose
vehicle
required to be
| 7912 |
|
registered under section
4519.02 of the
Revised
Code, and no
| 7913 |
|
certificate of
registration
issued under this
chapter
for an
| 7914 |
|
off-highway
motorcycle or
all-purpose vehicle that
is sold
or
| 7915 |
|
otherwise
transferred shall be
transferred to the new
owner of
the
| 7916 |
|
off-highway motorcycle or
all-purpose vehicle as
permitted by
| 7917 |
|
division (B) of section
4519.05
of the Revised
Code,
unless a
| 7918 |
|
certificate of
title has
been issued under this chapter
for the
| 7919 |
|
motorcycle or
vehicle, and
the owner or new owner, as the
case may
| 7920 |
|
be,
presents
a physical
certificate of title or
memorandum
| 7921 |
|
certificate
of
title for
inspection at the time the
owner or new
| 7922 |
|
owner first
submits a
registration application,
registration
| 7923 |
|
renewal
application, or
registration transfer
application for the
| 7924 |
|
motorcycle or
vehicle on
or after
July
1,
1999, if a physical
| 7925 |
|
certificate of title or
memorandum certificate
has been issued by
| 7926 |
|
a clerk of a court of
common pleas. If, under
sections 4519.512
| 7927 |
|
and 4519.58 of the
Revised Code, a clerk instead
has issued an
| 7928 |
|
electronic certificate
of title for the applicant's
off-highway
| 7929 |
|
motorcycle or all-purpose
vehicle, that certificate
may be
| 7930 |
|
presented for inspection at the
time of first registration
in a
| 7931 |
|
manner prescribed by rules adopted
by the registrar.
| 7932 |
| (C) When the owner of an
off-highway motorcycle or
| 7933 |
|
all-purpose vehicle first registers it
in the owner's name, and a
| 7934 |
|
certificate of title has been issued
for the motorcycle or
| 7935 |
|
vehicle, the owner shall present for
inspection a
physical
| 7936 |
|
certificate of
title or memorandum certificate of
title showing
| 7937 |
|
title to the
off-highway motorcycle or
all-purpose vehicle in the
| 7938 |
|
name of the
owner
if a physical certificate of title or memorandum
| 7939 |
|
certificate has been issued by a clerk of a court of common pleas.
| 7940 |
|
If, under sections 4519.512 and 4519.58 of the Revised Code, a
| 7941 |
|
clerk instead has issued an electronic certificate of title for
| 7942 |
|
the applicant's off-highway motorcycle or all-purpose vehicle,
| 7943 |
|
that certificate may be presented for inspection at the time of
| 7944 |
|
first registration in a manner prescribed by rules adopted by the
| 7945 |
|
registrar. If, when the
owner of such
an off-highway motorcycle
or
| 7946 |
|
all-purpose vehicle first
makes application to
register it in
the
| 7947 |
|
owner's name, the
application is not in
proper form or
the
| 7948 |
|
certificate of title
or memorandum
certificate of title does not
| 7949 |
|
accompany the
registration
or, in the case of an electronic
| 7950 |
|
certificate of title, is not presented in a manner prescribed by
| 7951 |
|
the registrar, the
registration shall be refused, and neither a
| 7952 |
|
certificate of
registration nor a registration sticker, license
| 7953 |
|
plate, or validation sticker shall be
issued. When a
certificate
| 7954 |
|
of registration and registration
sticker, license plate, or
| 7955 |
|
validation sticker are issued
upon the first registration of an
| 7956 |
|
off-highway
motorcycle or
all-purpose vehicle by or on behalf of
| 7957 |
|
the owner,
the official
issuing them shall indicate the issuance
| 7958 |
|
with a stamp
on the
certificate of title or memorandum certificate
| 7959 |
|
of title
or,
in the case of an electronic certificate of title, an
| 7960 |
|
electronic
stamp or other notation as specified in rules adopted
| 7961 |
|
by the
registrar.
| 7962 |
(D) Each deputy registrar shall be allowed a fee of
two
| 7963 |
dollars
and
seventy-five cents
commencing on July 1,
2001, three
| 7964 |
dollars and twenty-five cents commencing on January 1,
2003, and | 7965 |
three dollars and fifty cents commencing on January 1,
2004, for
| 7966 |
|
each application or renewal application
received by the
deputy
| 7967 |
|
registrar, which shall be for the
purpose of compensating
the
| 7968 |
|
deputy registrar for services, and office and
rental expense,
as
| 7969 |
|
may be necessary for the proper discharge of
the
deputy
| 7970 |
|
registrar's
duties in the receiving of applications and the
| 7971 |
|
issuing of
certificates of registration.
| 7972 |
| Sec. 4519.04. (A) Upon the filing of an application for
| 7979 |
|
registration of a snowmobile, off-highway motorcycle, or
| 7980 |
|
all-purpose vehicle and the
payment of the tax therefor, the
| 7981 |
|
registrar of motor vehicles or a
deputy registrar shall assign to
| 7982 |
|
the snowmobile, off-highway motorcycle, or all-purpose
vehicle a
| 7983 |
|
distinctive number and issue and deliver to the owner in
such
| 7984 |
|
manner as the registrar may select, a certificate of
registration,
| 7985 |
|
in such form as the registrar shall prescribe. Any
number so
| 7986 |
|
assigned to a snowmobile, off-highway motorcycle, or all-purpose
| 7987 |
|
vehicle shall
be
a permanent number, and shall not be issued to
| 7988 |
|
any other
snowmobile, off-highway motorcycle, or all-purpose
| 7989 |
|
vehicle.
| 7990 |
| (2) The registrar or deputy registrar also shall issue to the
| 8004 |
|
owner of an all-purpose vehicle, in addition to the certificate of
| 8005 |
|
registration, one license plate and a validation sticker, or a
| 8006 |
|
validation sticker alone when applicable upon a registration
| 8007 |
|
renewal. The license plate and validation sticker shall be
| 8008 |
|
displayed on the all-purpose vehicle so that they are distinctly
| 8009 |
|
visible, in accordance with such rules as the registrar adopts.
| 8010 |
|
The validation sticker shall indicate the expiration date of the
| 8011 |
|
registration period of the all-purpose vehicle. During each
| 8012 |
|
succeeding registration period following the issuance of the
| 8013 |
|
license plate and validation sticker, upon the filing of an
| 8014 |
|
application for registration and payment of the fee specified in
| 8015 |
|
division (C) of this section, a validation sticker alone shall be
| 8016 |
|
issued. | 8017 |
| Sec. 4519.08. Any snowmobile, off-highway motorcycle, or
| 8034 |
|
all-purpose vehicle owned or leased by the
state, by any of its
| 8035 |
|
political subdivisions, or by any volunteer organization
that uses
| 8036 |
|
such vehicles exclusively for emergency purposes shall be
| 8037 |
|
registered
free of charge. The
registration number and
| 8038 |
registration sticker
assigned to each such snowmobile,or | 8039 |
off-highway
motorcycle,
orand the license plate and validation
| 8040 |
|
sticker assigned to such an
all-purpose vehicle, shall be
| 8041 |
|
displayed
as required
by
section 4519.04 of the
Revised Code.
| 8042 |
| Sec. 4519.09. Every owner or operator of a snowmobile,
| 8043 |
|
off-highway
motorcycle,
or
all-purpose vehicle who is a
resident
| 8044 |
|
of a state not having a registration law similar to
this chapter,
| 8045 |
|
and who expects to use the snowmobile, off-highway
motorcycle,
or
| 8046 |
|
all-purpose vehicle in
Ohio, shall apply to the
registrar of
| 8047 |
|
motor
vehicles or a deputy
registrar for a temporary
operating
| 8048 |
|
permit.
The temporary
operating permit shall be issued
for a
| 8049 |
period not to
exceed
fifteen daysone year from the date of
| 8050 |
|
issuance,
shall be in such
form as
the registrar determines,
| 8051 |
|
shall include
the name and
address of
the owner and operator of
| 8052 |
|
the snowmobile,
off-highway
motorcycle,
or all-purpose vehicle,
| 8053 |
|
and any other
information as
the registrar considers
necessary,
| 8054 |
and shall be
issued upon
payment of a fee of fiveeleven dollars
| 8055 |
| and twenty-five cents. Every
owner or
operator
receiving a
| 8056 |
|
temporary operating permit shall
display it
upon the
reasonable
| 8057 |
|
request of any law
enforcement officer or
other person
as
| 8058 |
|
authorized by sections
4519.42 and 4519.43 of the
Revised Code.
| 8059 |
| Sec. 4519.10. (A) The purchaser of an off-highway
motorcycle
| 8060 |
|
or
all-purpose vehicle, upon application and proof of
purchase,
| 8061 |
|
may obtain a
temporary license placard for it. The
application for
| 8062 |
|
such a placard shall be
signed by the purchaser of
the off-highway
| 8063 |
|
motorcycle or all-purpose vehicle.
The temporary
license placard
| 8064 |
|
shall be issued only for the applicant's use of
the off-highway
| 8065 |
|
motorcycle or all-purpose vehicle to enable the
applicant to
| 8066 |
|
operate it legally while proper title and a
registration sticker
| 8067 |
| or license plate and validation sticker are being
obtained and
| 8068 |
|
shall be displayed on
no other off-highway motorcycle or
| 8069 |
|
all-purpose vehicle. A
temporary license placard issued under this
| 8070 |
|
section
shall be in a
form prescribed by the registrar of motor
| 8071 |
|
vehicles, shall differ
in some distinctive manner from a placard
| 8072 |
|
issued under section
4503.182 of the Revised Code,
shall be valid
| 8073 |
|
for a period of
thirty days from the date of issuance, and
shall
| 8074 |
|
not be
transferable or renewable. The placard either shall consist
| 8075 |
|
of
or
be coated with such material as will enable it to remain
| 8076 |
|
legible
and
relatively intact despite the environmental conditions
| 8077 |
|
to
which the placard is
likely to be exposed during the thirty-day
| 8078 |
|
period for which it is valid. The
purchaser of an off-highway
| 8079 |
|
motorcycle or all-purpose vehicle shall attach the
temporary
| 8080 |
|
license placard to it, in a manner prescribed by rules the
| 8081 |
|
registrar
shall adopt, so that the placard numerals or letters are
| 8082 |
|
clearly visible.
| 8083 |
| The fee for a temporary license placard issued under this
| 8084 |
|
section shall be
two dollars. If the placard is issued by a
deputy
| 8085 |
|
registrar, the deputy
registrar shall charge an additional
fee of
| 8086 |
two dollars and
seventy-five cents
commencing
on July 1,
2001,
| 8087 |
three dollars and twenty-five cents commencing on
January 1,
2003,
| 8088 |
and three dollars and fifty cents commencing on
January 1,
2004,
| 8089 |
|
which the deputy registrar shall retain. The
deputy
registrar
| 8090 |
|
shall transmit
each two-dollar fee received by
the
deputy
| 8091 |
|
registrar under this section to the
registrar, who
shall
pay the
| 8092 |
|
two dollars to the treasurer of state for deposit
into the
state
| 8093 |
|
bureau of motor vehicles fund established by
section 4501.25
of
| 8094 |
|
the Revised Code.
| 8095 |
| Sec. 4519.44. (A) No person who does not hold a valid,
| 8106 |
|
current motor vehicle driver's or commercial driver's license,
| 8107 |
|
motorcycle operator's endorsement, or probationary license,
issued
| 8108 |
|
under Chapter 4506. or 4507. of the Revised Code or a valid,
| 8109 |
|
current driver's license issued by another jurisdiction, shall
| 8110 |
|
operate a
snowmobile, off-highway motorcycle, or
all-purpose
| 8111 |
|
vehicle on any
street or
highway in this state, on any portion of
| 8112 |
|
the
right-of-way
thereof, or on any public land or waters.
| 8113 |
| (B) No person who is less than sixteen years of age
shall
| 8114 |
|
operate a snowmobile, off-highway motorcycle, or
all-purpose
| 8115 |
|
vehicle on any land or waters
other than private property or
| 8116 |
|
waters owned by or leased to the
person's parent or guardian,
| 8117 |
|
unless accompanied by another person
who is eighteen years of age,
| 8118 |
|
or older, and who holds a license
as provided in division (A) of
| 8119 |
|
this section, except that the
department of natural resources may
| 8120 |
|
permit such operation on
state controlled land under its
| 8121 |
|
jurisdiction when such person is
less than sixteen years of age,
| 8122 |
|
but is twelve years of age or
older and is accompanied by a parent
| 8123 |
|
or guardian who is a
licensed driver eighteen years of age or
| 8124 |
|
older.
| 8125 |
| Sec. 4519.47. (A) Whenever a person is found guilty of
| 8129 |
|
operating
a
snowmobile, off-highway motorcycle, or
all-purpose
| 8130 |
|
vehicle in
violation of any rule
authorized to be
adopted under
| 8131 |
|
section
4519.21 or 4519.42 of the Revised
Code, the trial judge of
| 8132 |
|
any
court of record, in addition to or
independent of any
other
| 8133 |
|
penalties provided by law, may impound for not less than sixty
| 8134 |
|
days the
certificate of registration and license plate, if
| 8135 |
|
applicable, of that snowmobile,
off-highway motorcycle,
or
| 8136 |
|
all-purpose vehicle. The
court shall
send the impounded
| 8137 |
|
certificate of registration and license plate, if applicable, to
| 8138 |
|
the registrar of
motor
vehicles, who shall retain the certificate
| 8139 |
| of registration and license plate, if applicable, until the
| 8140 |
|
expiration of the
period of impoundment.
| 8141 |
(a) Fifteen dollars for each certificate of
title,or | 8150 |
duplicate certificate
of title,including the issuance of a | 8151 |
|
memorandum certificate of
title,
authorization to print
a
| 8152 |
|
non-negotiable evidence of
ownership
described in division (D) of
| 8153 |
|
section 4519.58 of the
Revised Code, non-negotiable evidence of
| 8154 |
|
ownership printed by the
clerk under division (E) of that section,
| 8155 |
|
and
notation of
any
lien on a
certificate of title that is applied
| 8156 |
|
for at the same time as the certificate of title. The clerk
shall
| 8157 |
retain twoeleven
dollars and twenty-fivefifty
cents
of thethat | 8158 |
fee charged for
each
certificate of title, four dollars and
| 8159 |
seventy-five
cents
of the
fee charged for each duplicate
| 8160 |
certificate of title,
all
of the
fees charged for each memorandum
| 8161 |
certificate,
authorization to
print a non-negotiable evidence of
| 8162 |
ownership, or non-negotiable
evidence of ownership printed by the
| 8163 |
clerk,
and four dollars and
twenty-five cents of the fee charged
| 8164 |
for
each notation of a lien.
| 8165 |
| Sec. 4561.17. (A) To provide revenue for
administering
| 8207 |
|
sections 4561.17 to 4561.22
of the Revised Code relative to the
| 8208 |
|
registration of aircraft, for
the surveying of and the
| 8209 |
|
establishment, checking, maintenance,
and repair of aviation air
| 8210 |
|
marking and of air navigation
facilities, for the acquiring,
| 8211 |
|
maintaining, and repairing of
equipment necessary for those
| 8212 |
|
purposes, and for the cost of creating
and distributing Ohio
| 8213 |
|
aeronautical charts and Ohio airport and
landing field
| 8214 |
|
directories, an annual license tax is hereby levied
upon all
| 8215 |
|
aircraft based in this state for which an aircraft
worthiness
| 8216 |
|
certificate issued by the federal aviation
administration is in
| 8217 |
|
effect except the following:
| 8218 |
(B) The director shall make appointments to the advisory | 8321 |
committee within ninety days after
May 27, 2005.The members | 8322 |
|
described in divisions (A)(1) and (4) of this section shall be | 8323 |
|
chosen from a list of seven names the Ohio home builders | 8324 |
|
association submits to the director. The members described in | 8325 |
|
division (A)(2) of this section shall be chosen from a list of | 8326 |
|
five names the Ohio building officials association submits to the | 8327 |
|
director. The member described in division (A)(3) of this section | 8328 |
|
shall be chosen from a list of three names the Ohio fire chief's | 8329 |
|
association submits to the director. The member described in | 8330 |
|
division (A)(6) of this section shall be chosen from a list of | 8331 |
|
three names the Ohio municipal league submits to the director. | 8332 |
(E)(F) Members of the advisory
committee shall receive no | 8386 |
|
salary for
the performance of their duties as members, but shall | 8387 |
|
receive reimbursement for their actual and
necessary expenses | 8388 |
|
incurred in the
performance of their duties as members of
the | 8389 |
advisory committee and shall receive a per diem for each day in | 8390 |
attendance at an official meeting of the committee, to be paid | 8391 |
from the industrial compliance operating fund in the state | 8392 |
treasury, using fees collected in connection with residential | 8393 |
buildings pursuant to division (F)(2) of section 3781.102 of the | 8394 |
Revised Code and deposited in that fund, including travel | 8395 |
|
expenses. | 8396 |
| (B) An emergency medical
technician-basic may operate,
or be | 8403 |
|
responsible for operation of, an ambulance and may provide | 8404 |
|
emergency medical services to patients. In an emergency, an | 8405 |
|
EMT-basic may determine the nature and
extent of illness or injury | 8406 |
|
and establish priority for required emergency medical services. | 8407 |
|
An EMT-basic may render emergency
medical services such as opening | 8408 |
|
and maintaining an airway, giving positive pressure ventilation, | 8409 |
|
cardiac resuscitation, electrical interventions with automated | 8410 |
|
defibrillators to support or correct the cardiac function and | 8411 |
|
other methods determined by the board, controlling of hemorrhage, | 8412 |
|
treatment of shock, immobilization of fractures, bandaging, | 8413 |
|
assisting in childbirth, management of mentally disturbed | 8414 |
|
patients, initial care of poison and burn patients, and | 8415 |
|
determining triage of adult and pediatric trauma victims. Where | 8416 |
|
patients must in an emergency be extricated from entrapment, an | 8417 |
|
EMT-basic may assess the extent of
injury and render all possible | 8418 |
|
emergency medical services and protection to the entrapped | 8419 |
|
patient; provide light rescue services if an ambulance has not | 8420 |
|
been accompanied by a specialized unit; and after extrication, | 8421 |
|
provide additional care in sorting of the injured in accordance | 8422 |
|
with standard emergency procedures. | 8423 |
| (2) If communications fail during an emergency situation
or | 8437 |
|
the required response time prohibits communication, an
EMT-basic | 8438 |
|
may perform services subject to this division, if, in the
judgment | 8439 |
|
of the EMT-basic, the life of the patient is in
immediate danger. | 8440 |
|
Services performed under these circumstances shall be
performed in | 8441 |
|
accordance with the protocols for triage of adult and pediatric | 8442 |
|
trauma victims established in
rules adopted under
sections 4765.11 | 8443 |
|
and 4765.40 of the Revised Code and any applicable
protocols | 8444 |
|
adopted by the emergency medical
service organization with which | 8445 |
|
the
EMT-basic is affiliated. | 8446 |
| (2) If communications fail during an emergency situation
or | 8476 |
|
the required response time prohibits communication, an
EMT-I may | 8477 |
|
perform any of the
services described in division (B)
of this | 8478 |
|
section, if, in the judgment of the EMT-I, the
life of the patient | 8479 |
|
is
in immediate danger. Services performed under these | 8480 |
|
circumstances shall be performed in accordance with the
protocols | 8481 |
|
for triage of adult and
pediatric trauma victims
established in | 8482 |
|
rules adopted under sections 4765.11 and 4765.40 of the
Revised | 8483 |
|
Code and any applicable protocols adopted
by the emergency medical | 8484 |
|
service organization with which the
EMT-I is affiliated. | 8485 |
| (2) If communications fail during an emergency situation
or | 8513 |
|
the required response time prohibits communication, a
paramedic | 8514 |
|
may perform any of the services described in division
(B) of this | 8515 |
|
section, if, in the paramedic's judgment, the
life of the patient | 8516 |
|
is in immediate danger. Services performed under these | 8517 |
|
circumstances shall be performed in accordance with the
protocols | 8518 |
|
for triage of adult and
pediatric trauma victims
established in | 8519 |
|
rules adopted under sections 4765.11 and 4765.40 of the
Revised | 8520 |
|
Code and any applicable protocols adopted
by the emergency medical | 8521 |
|
service organization with which the
paramedic is affiliated. | 8522 |
| Sec. 4928.64. (A)(1) As used in sections 4928.64 and 4928.65 | 8529 |
|
of
the Revised Code, "alternative energy resource" means an | 8530 |
|
advanced
energy
resource or renewable
energy resource, as | 8531 |
|
defined in section 4928.01 of the Revised Code that has a | 8532 |
|
placed-in-service
date of January
1, 1998, or after; a renewable | 8533 |
|
energy resource created on or after January 1, 1998, by the | 8534 |
|
modification or retrofit of any facility placed in service prior | 8535 |
to January 1, 1998; or a
mercantile customer-sited
advance | 8536 |
| advanced
energy resource or renewable
energy resource, whether | 8537 |
|
new
or
existing, that the mercantile
customer commits for | 8538 |
|
integration
into the electric distribution
utility's | 8539 |
|
demand-response, energy
efficiency, or peak demand
reduction | 8540 |
programs as provided under
division (B)(A)(2)(b)(c) of
section | 8541 |
|
4928.66 of the Revised Code,
including, but not limited
to, any | 8542 |
|
of the following: | 8543 |
| (B)
By 2025 and thereafter, an electric distribution utility | 8565 |
|
shall provide
from
alternative energy resources, including, at | 8566 |
|
its discretion, alternative energy resources obtained pursuant to | 8567 |
|
an electricity supply contract, a portion of the electricity | 8568 |
|
supply
required
for
its standard service offer under section | 8569 |
|
4928.141
of
the
Revised
Code, and an electric services company | 8570 |
|
shall
provide a
portion of its electricity supply for retail | 8571 |
|
consumers
in this state from alternative energy resources, | 8572 |
|
including, at its discretion, alternative energy resources | 8573 |
|
obtained pursuant to an electricity supply contract. That
portion | 8574 |
|
shall equal twenty-five per cent of
the
total
number of
| 8575 |
|
kilowatt hours of electricity sold by
the subject
utility or | 8576 |
|
company
to any and all retail electric consumers whose electric
| 8577 |
|
load
centers
are
served by that utility and are located within | 8578 |
|
the
utility's
certified
territory or, in the
case of an | 8579 |
|
electric
services
company, are served by the company and are | 8580 |
|
located
within this
state.
However,
nothing in this section | 8581 |
|
precludes
a utility or
company from
providing a
greater | 8582 |
|
percentage. The
baseline for a utility's or company's compliance | 8583 |
|
with the
alternative energy resource requirements of this section | 8584 |
|
shall be
the average of
such total kilowatt hours it sold in the | 8585 |
|
preceding
three calendar years, except that the commission may | 8586 |
|
reduce a
utility's or company's baseline to adjust for new | 8587 |
|
economic growth
in the utility's certified territory or, in the | 8588 |
|
case of an
electric services company, in the company's service | 8589 |
|
area in this
state. | 8590 |
| (b) Within ninety days after the filing of a request by an | 8678 |
|
electric distribution utility or electric services company under | 8679 |
|
division (C)(4)(a) of this section, the commission shall determine | 8680 |
|
if renewable energy resources are reasonably available in the | 8681 |
|
marketplace in sufficient quantities for the utility or company to | 8682 |
|
comply with the subject minimum benchmark during the review | 8683 |
|
period. In making this determination, the commission shall | 8684 |
|
consider whether the electric distribution utility or electric | 8685 |
|
services company has made a good faith effort to acquire | 8686 |
|
sufficient renewable energy or, as applicable, solar energy | 8687 |
|
resources to so comply, including, but not limited to, by banking | 8688 |
|
or seeking renewable energy resource credits or by seeking the | 8689 |
|
resources through long-term contracts. Additionally, the | 8690 |
|
commission shall consider the availability of renewable energy or | 8691 |
|
solar energy resources in this state and other jurisdictions in | 8692 |
|
the PJM interconnection regional transmission organization or its | 8693 |
|
successor and the midwest system operator or its successor. | 8694 |
| (c) If, pursuant to division (C)(4)(b) of this section, the | 8695 |
|
commission determines that renewable energy or solar energy | 8696 |
|
resources are not reasonably available to permit the electric | 8697 |
|
distribution utility or electric services company to comply, | 8698 |
|
during the period of review, with the subject minimum benchmark | 8699 |
|
prescribed under division (B)(2) of this section, the commission | 8700 |
|
shall modify that compliance obligation of the utility or company | 8701 |
|
as it determines appropriate to accommodate the finding. | 8702 |
|
Commission modification shall not automatically reduce the | 8703 |
|
obligation for the electric distribution utility's or electric | 8704 |
|
services company's compliance in subsequent years. If it modifies | 8705 |
|
the electric distribution utility or electric services company | 8706 |
|
obligation under division (C)(4)(c) of this section, the | 8707 |
|
commission may require the utility or company, if sufficient | 8708 |
|
renewable energy resource credits exist in the marketplace, to | 8709 |
|
acquire additional renewable energy resource credits in subsequent | 8710 |
|
years equivalent to the utility's or company's modified obligation | 8711 |
|
under division (C)(4)(c) of this section. | 8712 |
| (5) The commission shall establish a process to provide for
| 8713 |
|
at least an annual review of the alternative energy resource | 8714 |
|
market in this
state and in the service territories of the | 8715 |
|
regional transmission
organizations that manage transmission | 8716 |
|
systems located in this
state. The commission shall use the | 8717 |
|
results of this study to
identify any needed changes to the | 8718 |
|
amount of the renewable
energy
compliance payment specified | 8719 |
|
under divisions (C)(2)(a) and (b) of
this
section. | 8720 |
|
Specifically, the commission may increase the
amount
to
ensure | 8721 |
|
that payment of compliance payments is not used
to
achieve
| 8722 |
|
compliance with this section in lieu of actually
acquiring or
| 8723 |
|
realizing
energy derived from renewable energy
resources.
| 8724 |
|
However, if the
commission
finds that the amount of
the
| 8725 |
|
compliance payment should
be
otherwise changed, the
commission
| 8726 |
|
shall present this finding
to
the general assembly
for
| 8727 |
|
legislative enactment. | 8728 |
| (D)(1) The commission annually shall submit to the general
| 8729 |
|
assembly in accordance with section 101.68 of the Revised Code a
| 8730 |
|
report describing the compliance of electric distribution
| 8731 |
|
utilities and electric services companies with division (B) of
| 8732 |
|
this section and any strategy for
utility and company compliance
| 8733 |
|
or for encouraging the use of
alternative
energy resources
in | 8734 |
|
supplying
this state's electricity needs in
a manner
that
| 8735 |
|
considers
available technology, costs, job creation,
and
| 8736 |
|
economic
impacts. The commission shall allow and consider
public
| 8737 |
|
comments
on the report prior to its submission to the
general
| 8738 |
|
assembly.
Nothing in the report shall be binding on any
person,
| 8739 |
|
including
any utility or company for the purpose of its | 8740 |
|
compliance
with any
benchmark
under division (B) of this | 8741 |
|
section, or the
enforcement
of that
provision under division | 8742 |
|
(C) of this section. | 8743 |
| Sec. 4928.65. An electric distribution utility or electric
| 8755 |
|
services company may use
renewable energy credits any time in
the | 8756 |
|
five calendar years following the date of their purchase or | 8757 |
|
acquisition from any
entity, including, but not limited to, a | 8758 |
|
mercantile customer or an owner or operator of a hydroelectric | 8759 |
|
generating facility that is located at a dam on a river, or on any | 8760 |
|
water discharged to a river, that is
within or bordering this | 8761 |
|
state or within or bordering an adjoining
state, for
the
| 8762 |
|
purpose of complying with the
renewable energy
and solar
energy
| 8763 |
|
resource
requirements of
division (B)(2) of
section
4928.64 of
| 8764 |
|
the Revised
Code. The
public
utilities
commission
shall adopt
| 8765 |
|
rules
specifying that
one unit of
credit shall
equal one
| 8766 |
|
megawatt
hour
of
electricity derived
from
renewable energy
| 8767 |
|
resources, except that, for a generating facility of seventy-five | 8768 |
|
megawatts or greater that is situated within this state and has | 8769 |
|
committed by December 31, 2009, to modify or retrofit its | 8770 |
|
generating unit or units to enable the facility to generate | 8771 |
|
principally from biomass energy by June 30, 2013, each megawatt | 8772 |
|
hour of electricity generated principally from that biomass energy | 8773 |
|
shall equal, in units of credit, the product obtained by | 8774 |
|
multiplying the actual percentage of biomass feedstock heat
input | 8775 |
|
used to generate such megawatt hour by the quotient obtained
by | 8776 |
|
dividing the then existing unit dollar amount used to determine a | 8777 |
|
renewable energy compliance payment as provided
under division | 8778 |
|
(C)(2)(b) of section 4928.64 of the Revised Code by
the then | 8779 |
|
existing market value of one renewable energy credit, but
such | 8780 |
|
megawatt
hour shall not equal less than one unit of credit.
The
| 8781 |
|
rules
also shall
provide
for
this state a
system
of
| 8782 |
|
registering
renewable
energy
credits
by specifying
which of
| 8783 |
|
any
generally
available
registries
shall be used for
that
| 8784 |
|
purpose and
not
by
creating
a
registry. That selected
system | 8785 |
|
of
registering
renewable energy credits shall allow a | 8786 |
|
hydroelectric
generating
facility to be eligible for obtaining | 8787 |
|
renewable energy
credits
and shall allow customer-sited projects | 8788 |
|
or actions the
broadest
opportunities to be eligible for | 8789 |
|
obtaining renewable
energy
credits. | 8790 |
(C)(D) The director of transportation may enter into
| 8843 |
|
contracts with public
agencies including political subdivisions,
| 8844 |
|
other state agencies, boards,
commissions, regional transit
| 8845 |
|
authorities, county transit boards, and port
authorities, to | 8846 |
|
administer the design,
qualification of bidders,
competitive
bid | 8847 |
|
letting, construction
inspection, and acceptance of any projects
| 8848 |
|
administered by the
department, provided the
administration of | 8849 |
|
such projects is
performed in accordance with all applicable
| 8850 |
|
state and federal laws
and regulations with oversight by the | 8851 |
|
department.
| 8852 |
| Sec. 5501.311. (A) Notwithstanding sections 123.01 and
| 8853 |
|
127.16 of the Revised Code the director of transportation may
| 8854 |
|
lease or lease-purchase all or any part of a transportation
| 8855 |
|
facility to or
from one
or more persons, one or more governmental
| 8856 |
|
agencies, a
transportation improvement district, or any
| 8857 |
combination thereof,
and, in
conjunction therewith, may grant
| 8858 |
|
leases, easements, or
licenses
for lands under the control of the
| 8859 |
|
department of
transportation.
The director may adopt rules
| 8860 |
|
necessary to give effect to this
section.
| 8861 |
| (C) Any lease or lease-purchase agreement under which the
| 8866 |
|
department is the
lessee shall be for a period not exceeding the
| 8867 |
|
then current
two-year period for which appropriations have been
| 8868 |
|
made by the
general assembly to the department, and such agreement
| 8869 |
|
may
contain such other terms as the department and the other
| 8870 |
|
parties
thereto agree, notwithstanding any other provision of law,
| 8871 |
|
including provisions that rental payments in amounts sufficient
to
| 8872 |
|
pay bond service charges payable during the current two-year
lease
| 8873 |
|
term shall be an absolute and unconditional obligation of
the
| 8874 |
|
department independent of all other duties under the
agreement
| 8875 |
|
without set-off or deduction or any other similar
rights or
| 8876 |
|
defenses. Any such agreement may provide for renewal
of the
| 8877 |
|
agreement at the end of each term for another term, not
exceeding
| 8878 |
|
two years, provided that no renewal shall be effective
until the
| 8879 |
|
effective date of an appropriation enacted by the
general assembly
| 8880 |
|
from which the department may lawfully pay
rentals under such
| 8881 |
|
agreement. Any such agreement may
include, without limitation,
any
| 8882 |
|
agreement by the department with
respect to any costs of
| 8883 |
|
transportation facilities to be included
prior to acquisition and
| 8884 |
|
construction of such transportation
facilities. Any such
agreement
| 8885 |
|
shall not constitute a debt
or pledge of the faith and
credit of
| 8886 |
|
the state, or of any
political subdivision of the state,
and the
| 8887 |
|
lessor shall have no
right to have taxes or excises levied
by the
| 8888 |
|
general assembly, or
the taxing authority of any political
| 8889 |
|
subdivision of the state,
for the payment of rentals thereunder.
| 8890 |
|
Any such agreement
shall contain a statement to that effect.
| 8891 |
| Sec. 5501.51. (A) The state shall reimburse a utility for | 8951 |
|
the cost of relocation of utility facilities necessitated by the | 8952 |
|
construction of a highway project only in the event that the | 8953 |
|
utility can evidence a vested interest in the nature of a fee | 8954 |
|
interest, an easement interest, or a lesser estate in the real | 8955 |
|
property it occupies in the event that the utility possesses a | 8956 |
|
vested interest in such property. The utility shall present | 8957 |
|
evidence satisfactory to the state substantiating the cost of | 8958 |
|
relocation. The director may audit all financial records which
the | 8959 |
|
director determines necessary to verify such actual costs. | 8960 |
| (B) Notwithstanding division (A) of this section or any other | 8961 |
|
provision of the Revised Code, if relocation of utility facilities | 8962 |
|
or any parts thereof is directed by the state or a county, | 8963 |
|
township, or municipal corporation and is necessitated by the | 8964 |
|
construction, reconstruction, improvement, maintenance, or repair | 8965 |
|
of a road, highway, or bridge that is financed in whole or in part | 8966 |
|
by federal funds provided as part of or as a result of "The | 8967 |
|
American Recovery and Reinvestment Act of 2009," Pub. L. No. | 8968 |
|
111-5, 123 Stat. 115, the state, county, township, or municipal | 8969 |
|
corporation shall reimburse the utility for the cost of the | 8970 |
|
relocation. | 8971 |
| (2) As used in division (B) of this section, "utility" | 8982 |
|
includes publicly, privately, and cooperatively owned utilities | 8983 |
|
that are subject to the authority of the public utilities | 8984 |
|
commission of Ohio, and a cable operator as defined in the
"Cable | 8985 |
|
Communications Policy Act of 1984," 98 Stat. 2780, 47
U.S.C. 522, | 8986 |
|
as amended by the "Telecommunications Act of 1996,"
110 Stat. 56, | 8987 |
|
and includes the provision of other information or | 8988 |
|
telecommunications services, or both. | 8989 |
| Sec. 5501.60. The department of transportation shall not | 8994 |
|
erect a guardrail or any other barrier that blocks or otherwise | 8995 |
|
interferes in any manner with the only right-of-way to a parcel of | 8996 |
|
real property. If the department erects a guardrail or other | 8997 |
|
barrier that blocks or otherwise interferes in any manner with the | 8998 |
|
only right-of-way to a parcel of real property, the department | 8999 |
|
shall remove the guardrail or other barrier promptly. If the | 9000 |
|
department fails to remove such a guardrail or other barrier, the | 9001 |
|
owner or occupier of the parcel of real property may remove or | 9002 |
|
cause the removal of the guardrail or other barrier and the | 9003 |
|
department shall reimburse fully the owner or occupier of the | 9004 |
|
parcel of real property for the actual cost to the owner or | 9005 |
|
occupier of the parcel of real property of the removal. | 9006 |
| Sec. 5502.67. There is hereby created in the state treasury
| 9007 |
|
the justice program services fund. The fund shall consist of the
| 9008 |
|
court costs designated for the fund pursuant to section 2949.094
| 9009 |
|
of the Revised Code and all money
collected by
the division of
| 9010 |
|
criminal
justice services for
nonfederal purposes,
including
| 9011 |
|
subscription fees for
participating in the Ohio
incident-based
| 9012 |
|
reporting system under
division (C) of section
5502.62 of the
| 9013 |
|
Revised Code, unless
otherwise designated by law.
The justice
| 9014 |
|
program services fund
shall be used to pay costs of
| 9015 |
|
administering the operations of the
division of criminal justice
| 9016 |
|
services.
| 9017 |
| Sec. 5502.68. (A) There is hereby created in the state
| 9018 |
treasury the drug law enforcement fund. ThreeNinety-seven per
| 9019 |
|
cent of three dollars and fifty
cents out of each
ten-dollar
| 9020 |
|
court cost imposed pursuant to
section 2949.094 of the
Revised
| 9021 |
|
Code shall be credited to the
fund. Money in
the fund shall be
| 9022 |
|
used
only in accordance with
this section to
award grants to
| 9023 |
|
counties,
municipal
corporations, townships,
township police
| 9024 |
|
districts, and
joint
township police districts to
defray the
| 9025 |
|
expenses that a drug
task force organized in the
county, or in
| 9026 |
|
the county in which the
municipal corporation,
township, or
| 9027 |
|
district is located, incurs
in
performing its
functions related
| 9028 |
|
to the enforcement of the
state's
drug laws and
other state
| 9029 |
|
laws related to illegal drug
activity.
| 9030 |
| The division of criminal justice services shall administer
| 9031 |
|
all money deposited into the drug law enforcement fund and, by
| 9032 |
|
rule adopted under Chapter 119. of the Revised Code, shall
| 9033 |
|
establish procedures for a county, municipal corporation,
| 9034 |
|
township, township police district, or joint township police
| 9035 |
|
district to apply for money from the fund to defray the expenses
| 9036 |
|
that a drug task force organized in the county, or in the county
| 9037 |
|
in which the municipal corporation, township, or district is
| 9038 |
|
located, incurs in performing its functions related to the
| 9039 |
|
enforcement of the state's drug laws and other state laws related
| 9040 |
|
to illegal drug activity, procedures and criteria for determining
| 9041 |
|
eligibility of applicants to be provided money from the fund, and
| 9042 |
|
procedures and criteria for determining the amount of money to be
| 9043 |
|
provided out of the fund to eligible applicants.
| 9044 |
| (B) The procedures and criteria established under division
| 9045 |
|
(A) of this section for applying for money from the fund shall
| 9046 |
|
include, but shall not be limited to, a provision requiring a
| 9047 |
|
county, municipal corporation, township, township police district,
| 9048 |
|
or joint township police district that applies for money from the
| 9049 |
|
fund to specify in its application the amount of money desired
| 9050 |
|
from the fund, provided that the cumulative amount requested in
| 9051 |
|
all applications submitted for any single drug task force may not
| 9052 |
|
exceed more than two hundred fifty thousand dollars in any
| 9053 |
|
calendar year for that task force.
| 9054 |
|
(b) If any moneys remain in the fund after all drug task
| 9077 |
|
forces that apply, that are in existence on the date of the
| 9078 |
|
application, that are determined to be eligible applicants, and
| 9079 |
|
that satisfy the criteria set forth in division (C)(2)(a)(i) or
| 9080 |
|
(ii) of this section are
provided money from the fund as
| 9081 |
|
described in division
(C)(2)(a) of this section, the following
| 9082 |
|
categories of drug task
forces that apply and that are determined
| 9083 |
|
to be eligible
applicants shall be given priority to be provided
| 9084 |
|
money from the
fund in the order in which they apply for money
| 9085 |
|
from the fund:
| 9086 |
| Except as otherwise provided in this section and section
| 9150 |
|
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,
| 9151 |
|
5515.,
5516.,
5517., 5519., 5521., 5523., 5525., 5527., 5528.,
| 9152 |
|
5529., 5531.,
5533., and 5535. of the Revised Code do not prohibit
| 9153 |
|
telegraph,
telephone, and electric light and power companies from
| 9154 |
|
constructing,
maintaining, and using telegraph,
telephone, or
| 9155 |
|
electric light and
power lines along and upon such roads or
| 9156 |
|
highways under sections
4931.19, 4933.14, or other sections of the
| 9157 |
|
Revised Code, or to affect existing rights of any such companies,
| 9158 |
|
or to require such companies to obtain a permit from the
director,
| 9159 |
|
except with respect to the location of poles, wires,
conduits, and
| 9160 |
|
other equipment comprising lines on or beneath the
surface of such
| 9161 |
|
road or highways.
| 9162 |
| This section does not prohibit steam or electric railroad
| 9163 |
|
companies from constructing tracks across such roads or highways,
| 9164 |
|
nor authorize the director to grant permission to any company
| 9165 |
|
owning, operating, controlling, or managing a steam railroad or
| 9166 |
|
interurban railway in this state to build a new line of railroad,
| 9167 |
|
or to change or alter the location of existing tracks across any
| 9168 |
|
road or highway on the state highway system at grade. No such
| 9169 |
|
company shall change the elevation of any of its tracks across
| 9170 |
|
such road or highway except in accordance with plans and
| 9171 |
|
specifications first approved by the director.
| 9172 |
| (B) Except as provided in division (C) of this section or as
| 9185 |
|
otherwise authorized by applicable federal law or federal
| 9186 |
|
regulations, no
person shall engage in selling or offering for
| 9187 |
|
sale or exhibiting
for purposes of sale, goods, products,
| 9188 |
|
merchandise, or services
within the bounds of rest areas within
| 9189 |
|
the limits of the
right-of-way of interstate highways and other
| 9190 |
|
state highways, or
in other areas within the limits of the
| 9191 |
|
right-of-way of
interstate highways, unless the director issues a
| 9192 |
|
permit in
accordance with section 5515.01 of the Revised Code.
| 9193 |
|
Notwithstanding any
rules adopted by the director to the contrary
| 9194 |
|
or any
other policy changes proposed by the director, each
| 9195 |
|
district deputy director
of
the department of transportation shall
| 9196 |
|
continue to implement any program
allowing organizations to
| 9197 |
|
dispense free coffee or similar items after
obtaining
a permit
| 9198 |
|
that operated within the district prior to
January 1, 1997. Each
| 9199 |
|
district deputy
director shall operate such program within the
| 9200 |
|
district in the same manner as
the program was operated prior to
| 9201 |
|
that date.
| 9202 |
| When the director exercises the authority conferred by this
| 9236 |
|
section, all information with respect to the total estimate of
| 9237 |
|
cost of the project to be built by contract and with
respect to
| 9238 |
|
the estimate of cost of any particular item of work involved
| 9239 |
|
therein shall be kept and regarded by the director and all the
| 9240 |
|
director's
subordinates as confidential, and shall not be revealed
| 9241 |
|
to any
person not employed in the department, or by the United
| 9242 |
|
States
department of transportation in the case of projects
| 9243 |
|
financed in
whole or part by federal funds, until after the bids
| 9244 |
on the
project have been opened and readpublished. Section
| 9245 |
|
5517.01 of the
Revised Code with respect to the public inspection
| 9246 |
|
of estimates
of cost prior to the opening of bids and with respect
| 9247 |
|
to filing
estimates of cost in the office of the district deputy
| 9248 |
|
director
of transportation does not apply
when the authority
| 9249 |
|
conferred
by this section is exercised. This section does not
| 9250 |
|
prohibit the
department from furnishing estimates of cost to
| 9251 |
|
counties,
municipal corporations, or other local political
| 9252 |
|
subdivisions or
to railroad or railway companies proposing to pay
| 9253 |
|
any portion of
the cost of an improvement.
| 9254 |
| Section 5525.10 of the Revised Code, which provides that no
| 9255 |
|
contract for any improvement shall be awarded for a greater sum
| 9256 |
|
than the estimated cost thereof plus five per cent,
does not
apply
| 9257 |
|
in the case of any project with respect to which the
authority
| 9258 |
|
conferred by this section is exercised. In cases in
which the
| 9259 |
|
authority conferred by this section is exercised and
in which the
| 9260 |
|
bid of the
successful bidder exceeds the estimate, the director,
| 9261 |
|
before
entering into a contract, shall determine that
the bid of
| 9262 |
|
the successful bidder is fair and reasonable, and as long as the
| 9263 |
|
federal government imposes regulation on prices charged for
| 9264 |
|
construction service, shall require the successful bidder to
| 9265 |
|
certify that the bidder's bid does not exceed the maximum
| 9266 |
|
permitted by
such federal regulation.
| 9267 |
| Sec. 5531.09. (A) The state infrastructure bank shall
| 9268 |
|
consist
of the highway and transit infrastructure bank fund, the
| 9269 |
|
aviation
infrastructure bank fund, the rail infrastructure bank
| 9270 |
|
fund, and the
infrastructure bank obligations fund, which are | 9271 |
|
hereby
created as
funds of the
state treasury, to be administered | 9272 |
|
by the director of
transportation and used for the purposes | 9273 |
|
described in division
(B)
of this section. The highway and | 9274 |
|
transit infrastructure bank fund,
the
aviation infrastructure | 9275 |
|
bank fund, and the rail infrastructure
bank fund
shall consist of | 9276 |
|
federal grants and awards or other
assistance
received by the | 9277 |
|
state and eligible for deposit therein
under
applicable federal | 9278 |
|
law, payments received by the department
in
connection with | 9279 |
|
providing financial assistance for qualifying
projects under | 9280 |
|
division (B) of
this section, and such other
amounts as may be | 9281 |
|
provided by
law. The infrastructure bank
obligations fund shall
| 9282 |
|
consist of such
amounts of the proceeds of
obligations issued
| 9283 |
|
under section 5531.10 of the Revised Code as
the
director of
| 9284 |
|
transportation determines with the advice of the
director of | 9285 |
|
budget and
management; and
such other amounts as may
be provided | 9286 |
|
by law. The director of budget and management,
upon the
request | 9287 |
|
of the director of transportation, may transfer
amounts
between
| 9288 |
|
the funds
created in this division, except the
infrastructure | 9289 |
|
bank obligations fund.
The investment earnings of
each fund | 9290 |
|
created by this division shall be
credited to such fund.
| 9291 |
| (B) The director of
transportation shall use the state
| 9292 |
|
infrastructure bank to
encourage public and private investment in
| 9293 |
|
transportation
facilities that contribute to the multi-modal and
| 9294 |
|
intermodal
transportation capabilities of the state, develop a
| 9295 |
|
variety of
financing techniques designed to expand the
| 9296 |
|
availability of
funding resources and to reduce direct state
| 9297 |
|
costs, maximize
private and local participation in financing
| 9298 |
|
projects, and
improve
the efficiency of the state transportation
| 9299 |
|
system by
using and
developing the particular advantages of each
| 9300 |
|
transportation mode
to the fullest extent. In furtherance of
| 9301 |
|
these purposes, the
director shall use the state infrastructure
| 9302 |
|
bank to provide
financial assistance to public or private
| 9303 |
|
entities for qualified
projects. Such assistance shall be in the
| 9304 |
|
form of loans, loan
guarantees, letters of credit, leases,
| 9305 |
|
lease-purchase
agreements,
interest rate subsidies, debt
service
| 9306 |
|
reserves, and such
other
forms as the director determines to be
| 9307 |
|
appropriate. All
fees,
charges, rates of interest, payment
| 9308 |
|
schedules, security
for, and
other terms and conditions relating
| 9309 |
to such assistance
shall be
determined by the director. The
| 9310 |
highway and transit
infrastructure
bank fund, the aviation
| 9311 |
infrastructure bank fund, and the rail
infrastructure bank fund
| 9312 |
may be used to pay debt service on
obligations whose
proceeds
| 9313 |
have been deposited into the
infrastructure bank obligations
| 9314 |
fund. | 9315 |
| (D) As used in this
section and in section 5531.10 of the
| 9321 |
|
Revised Code, "qualified project" means
any
public or private
| 9322 |
|
transportation project as determined by the director of
| 9323 |
|
transportation,
including, without limitation, planning,
| 9324 |
|
environmental impact studies, engineering, construction,
| 9325 |
|
reconstruction, resurfacing, restoring,
rehabilitation, or
| 9326 |
|
replacement of public or private
transportation facilities within
| 9327 |
|
the state, studying the
feasibility thereof, and the acquisition
| 9328 |
|
of real or personal
property or interests therein; any highway,
| 9329 |
|
public transit,
aviation, rail, or other
transportation project
| 9330 |
|
eligible for financing or aid under any
federal or state program;
| 9331 |
|
and any project involving the
maintaining, repairing, improving,
| 9332 |
|
or construction of any public
or private highway, road, street,
| 9333 |
|
parkway, public
transit, aviation, or rail project,
and any
| 9334 |
|
related rights-of-way, bridges, tunnels,
railroad-highway
| 9335 |
|
crossings, drainage structures, signs,
guardrails, or protective
| 9336 |
|
structures.
| 9337 |
| (E) The general assembly finds that state infrastructure
| 9338 |
|
projects, as defined in division (A)(8) of section 5531.10 of the
| 9339 |
|
Revised Code, and
the state infrastructure bank, will materially
| 9340 |
|
contribute to the economic
revitalization of areas of the state
| 9341 |
|
and result in improving the economic
welfare of all the people of
| 9342 |
|
the state. Accordingly, it is declared to be the
public purpose of
| 9343 |
|
the state, through operations under sections 5531.09 and
5531.10
| 9344 |
|
of the Revised Code, and other applicable laws adopted pursuant to
| 9345 |
|
Section
13 of Article VIII, Ohio Constitution, and
other authority
| 9346 |
|
vested in the general assembly, to assist in and facilitate
the
| 9347 |
|
purposes set forth in division (B) of section 5531.10 of the
| 9348 |
|
Revised Code,
and to assist and cooperate with any governmental
| 9349 |
|
agency in achieving such
purposes.
| 9350 |
| Sec. 5537.07. (A) When the cost to the Ohio turnpike
| 9357 |
|
commission under any contract with a person other than a
| 9358 |
|
governmental agency involves an expenditure of more than fifty
| 9359 |
|
thousand dollars, the commission shall make a written contract
| 9360 |
|
with the lowest responsive and responsible bidder in accordance
| 9361 |
|
with section 9.312 of the Revised Code after advertisement for
not
| 9362 |
|
less than two consecutive weeks in a newspaper of general
| 9363 |
|
circulation in Franklin county, and in such other publications as
| 9364 |
|
the commission determines, which notice shall state the general
| 9365 |
|
character of the work and the general character of the materials
| 9366 |
|
to be furnished, the place where plans and specifications
therefor
| 9367 |
|
may be examined, and the time and place of receiving
bids. The
| 9368 |
|
commission may require that the cost estimate for the
| 9369 |
|
construction, demolition, alteration, repair, improvement,
| 9370 |
|
renovation, or reconstruction of roadways and bridges for which
| 9371 |
|
the commission is required to receive bids be kept confidential
| 9372 |
|
and remain confidential until after all bids for the public
| 9373 |
|
improvement have been received or the deadline for receiving bids
| 9374 |
|
has passed. Thereafter, and before opening the bids submitted for
| 9375 |
|
the roadways and bridges, the commission shall make the cost
| 9376 |
|
estimate public knowledge by reading the cost estimate in a public
| 9377 |
|
place. The commission may reject any and all bids. The
| 9378 |
|
requirements of this division do not apply to contracts for the
| 9379 |
|
acquisition of real property or compensation for professional or
| 9380 |
|
other personal services.
| 9381 |
(D) AOther than a contract referred to in division (B) of
| 9394 |
|
this section, a bond with good and sufficient surety, in a form as
| 9395 |
|
prescribed and approved by
the commission, shall be required of
| 9396 |
every contractor awarded a
contract, other than a contract
| 9397 |
referred to in division (B) of
this section,that involves an
| 9398 |
|
expenditure in excess of one hundred fifty thousand dollars or any
| 9399 |
|
contract with a service facility operator. The bond shall be in an
| 9400 |
amount equal to at least fifty per cent of
the contract price,and
| 9401 |
|
shall be conditioned upon the faithful performance of
the
| 9402 |
|
contract.
| 9403 |
| (E) Notwithstanding any other provisions of this section, the
| 9404 |
|
commission may establish a program to expedite special projects by
| 9405 |
|
combining the design and construction elements of any public
| 9406 |
|
improvement project into a single contract. The commission shall
| 9407 |
|
prepare and distribute a scope of work document upon which the
| 9408 |
|
bidders shall base their bids. At a minimum, bidders shall meet
| 9409 |
|
the requirements of section 4733.161 of the Revised Code. Except
| 9410 |
|
in regard to those requirements relating to providing plans, the
| 9411 |
|
commission shall award contracts following the requirements set
| 9412 |
|
forth in divisions (A), (B), (C), and (D) of this section. | 9413 |
| (B)(1) The commission shall establish, and may revise at any | 9419 |
|
time, a fee for participation in the business logo sign
program. | 9420 |
|
All direct and indirect costs
of the business logo
sign program | 9421 |
|
established pursuant to this
section shall be fully
paid by the | 9422 |
|
businesses applying for
participation in the program.
The
direct | 9423 |
|
and indirect costs of the
program shall
include, but not
be | 9424 |
|
limited to, the cost of capital,
directional
signs, blanks, | 9425 |
|
posts, logos, installation, repair,
engineering,
design, | 9426 |
|
insurance, removal, replacement, and
administration. | 9427 |
| Sec. 5541.05. (A) Except as otherwise provided in division | 9462 |
|
(D) of this section, a board of county commissioners by resolution | 9463 |
|
may place a graveled or unimproved county road under its | 9464 |
|
jurisdiction that is not passable year-round or any portion of | 9465 |
|
such a road on nonmaintained
status. Prior to adopting a | 9466 |
|
resolution that places a road on
nonmaintained status, the board, | 9467 |
|
at special or regular meetings,
shall hold at least two public | 9468 |
|
hearings to allow for public
comment on the proposed resolution. | 9469 |
|
The board shall publicize the
times and places of the hearings by | 9470 |
|
causing a notice to be
published in a newspaper of general | 9471 |
|
circulation in the county in
which the road is located at least | 9472 |
|
ten days prior to the date
of the first meeting. If the county | 9473 |
|
maintains a web site on the internet, the same notice also shall | 9474 |
|
be posted on the web site at least ten days prior to the date of | 9475 |
|
the first meeting. Upon adoption of
such a resolution, the board | 9476 |
|
is
not
required to cause the road to
be dragged at any time, or | 9477 |
|
to
cut,
destroy, or remove any brush,
weeds, briers, bushes, or | 9478 |
|
thistles
upon or along the road, or to
remove snow from the | 9479 |
|
road, or to
maintain or repair the road in
any manner. The | 9480 |
|
board, in its
discretion, may cause any of these
actions to be | 9481 |
|
performed on or
to a road that it has placed on
nonmaintained | 9482 |
|
status. | 9483 |
| (B) Prior to adopting a resolution under division (A) of this | 9484 |
|
section, the board shall request the county engineer to issue an | 9485 |
|
advisory opinion regarding the consequences of placing the road on | 9486 |
|
nonmaintained status, including any impact such action would have | 9487 |
|
on adjoining property owners. A board may adopt a resolution under | 9488 |
|
division (A) of this section only after the county
engineer | 9489 |
|
issues the advisory opinion and the county engineer, in
the | 9490 |
|
advisory opinion, finds that placing the
road on
nonmaintained | 9491 |
|
status will not unduly adversely affect the
flow of
motor | 9492 |
|
vehicle traffic on that road or on any
adjacent road. | 9493 |
| (2) If the owner of land adjoining a road that has been | 9502 |
|
placed on nonmaintained status upgrades the road to the standards | 9503 |
|
most recently certified by the county engineer for the road, the | 9504 |
|
board shall terminate the nonmaintained status of the road and | 9505 |
|
then shall maintain and repair the road according to such | 9506 |
|
standards. However, division (C)(2) of this section does not apply | 9507 |
|
to a road or portion of a road that, prior to being placed on | 9508 |
|
nonmaintained status, was not certified by the board
of county | 9509 |
|
commissioners to the director of transportation in
accordance | 9510 |
|
with division (D) of section 4501.04 of the Revised
Code as | 9511 |
|
mileage in the county used by and maintained for the
public. | 9512 |
| (3) The owner of land adjoining a road that was placed on | 9513 |
nonmaintained status prior to the effective date of this amendment | 9514 |
| April 7, 2009,
or the owner of land whose only access to such a | 9515 |
|
road is by
easement may petition the board for review of the | 9516 |
|
nonmaintained
status of the road if the road provides the | 9517 |
|
exclusive means for
obtaining access to the land. Upon receipt of | 9518 |
|
a petition, the
board shall review the status of the road and | 9519 |
|
shall terminate the
nonmaintained status if the board finds that | 9520 |
|
the road provides
such exclusive means for obtaining access to | 9521 |
|
the land. After
completing the review, the board shall adopt a | 9522 |
|
resolution either
retaining or terminating the nonmaintained | 9523 |
|
status of the road. If
the board terminates the nonmaintained | 9524 |
|
status of a road under
division (C)(3) of this section, the board | 9525 |
|
shall not require the
owner to pay the costs of upgrading, | 9526 |
|
maintaining, or repairing the
road.
However, division (C)(3) of | 9527 |
|
this section does not apply to a road or portion of a road that, | 9528 |
|
prior to being placed on nonmaintained status, was not certified | 9529 |
|
by the board of county commissioners to the director in accordance | 9530 |
|
with division (D) of section 4501.04 of the Revised Code as | 9531 |
|
mileage in the county used by and maintained for the public. | 9532 |
| Sec. 5571.20. (A) Except as otherwise provided in division | 9541 |
|
(D) of this section, a board of township trustees by resolution | 9542 |
|
may place a graveled or unimproved township road under its | 9543 |
|
jurisdiction that is not passable year-round or any portion of | 9544 |
|
such a road on nonmaintained
status. Prior to adopting a | 9545 |
|
resolution that places a road on
nonmaintained status, the board | 9546 |
|
shall hold at least two public
hearings to allow for public | 9547 |
|
comment on the proposed resolution.
The board, at special or | 9548 |
|
regular meetings, shall publicize the
times and places of the | 9549 |
|
hearings by
causing a notice to be
published in a newspaper of | 9550 |
|
general
circulation in the county in
which the road is located | 9551 |
|
at least
ten days prior to the date
of the first meeting. If the | 9552 |
|
township maintains a web site on the internet, the same notice | 9553 |
|
also shall be posted on the web site at least ten days prior to | 9554 |
|
the date of the first meeting. Upon adoption of
such a | 9555 |
|
resolution, the board is
not
required to cause the road to
be | 9556 |
|
dragged at any time, or to
cut,
destroy, or remove any brush, | 9557 |
|
weeds, briers, bushes, or
thistles
upon or along the road, or to | 9558 |
|
remove snow from the
road, or to
maintain or repair the road in | 9559 |
|
any manner. The
board, in its
discretion, may cause any of these | 9560 |
|
actions to be
performed on or
to a road that it has placed on | 9561 |
|
nonmaintained
status. | 9562 |
| (B) Prior to adopting a resolution under division (A) of this | 9563 |
|
section, the board shall request the county engineer to issue an | 9564 |
|
advisory opinion regarding the consequences of placing the road on | 9565 |
|
nonmaintained status, including any impact such action would have | 9566 |
|
on adjoining property owners. A board may adopt a resolution under | 9567 |
|
division (A) of this section only after the county
engineer | 9568 |
|
issues the advisory opinion and the county engineer, in
the | 9569 |
|
advisory opinion, finds that placing the
road on
nonmaintained | 9570 |
|
status will not unduly adversely affect the
flow of
motor | 9571 |
|
vehicle traffic on that road or on any
adjacent road. | 9572 |
| (2) If the owner of land adjoining a road that has been | 9581 |
|
placed on nonmaintained status upgrades the road to the standards | 9582 |
|
most recently certified by the county engineer for the road, the | 9583 |
|
board shall terminate the nonmaintained status of the road and | 9584 |
|
then shall maintain and repair the road according to such | 9585 |
|
standards. However, division (C)(2) of this section does not apply | 9586 |
|
to a road or portion of a road that, prior to being placed on | 9587 |
|
nonmaintained status, was not certified by the board
of township | 9588 |
|
trustees to the director of transportation in
accordance with | 9589 |
|
division (E) of section 4501.04 of the Revised
Code as mileage in | 9590 |
|
the township used by and maintained for the
public. | 9591 |
| (3) The owner of land adjoining a road that was placed on | 9592 |
nonmaintained status prior to the effective date of this amendment | 9593 |
| April 7, 2009,
or land owner of land whose only access to such a | 9594 |
|
road is by
easement may petition the board for review of the | 9595 |
|
nonmaintained
status of the road if the road provides the | 9596 |
|
exclusive means for
obtaining access to the land. Upon receipt of | 9597 |
|
a petition, the
board shall review the status of the road and | 9598 |
|
shall terminate the
nonmaintained status if the board finds that | 9599 |
|
the road provides
such exclusive means for obtaining access to | 9600 |
|
the land. After
completing the review, the board shall adopt a | 9601 |
|
resolution either
retaining or terminating the nonmaintained | 9602 |
|
status of the road. If
the board terminates the nonmaintained | 9603 |
|
status of a road under
division (C)(3) of this section, the board | 9604 |
|
shall not require the
owner to pay the costs of upgrading, | 9605 |
|
maintaining, or repairing the
road.
However, division (C)(3) of | 9606 |
|
this section does not apply to a road or portion of a road that, | 9607 |
|
prior to being placed on nonmaintained status, was not certified | 9608 |
|
by the board of township trustees to the director in accordance | 9609 |
|
with division (E) of section 4501.04 of the Revised Code as | 9610 |
|
mileage in the township used by and maintained for the public. | 9611 |
| (B)(1) Notwithstanding
sections 5577.02 and 5577.04 of the | 9638 |
Revised Code, a coal truck transporting coal, a farm truck or farm | 9639 |
machinery transporting farm commodities, a log truck transporting | 9640 |
timber, or a solid waste haul vehicle hauling solid waste,
from | 9641 |
the place of production to the first point of delivery where the | 9642 |
commodities
are
weighed and title to the commodities, coal, or | 9643 |
timber is transferred, or, in the case of solid waste, from the | 9644 |
place of production to the first point of delivery where the solid | 9645 |
waste is disposed of or title to the solid waste is transferred, | 9646 |
| the following vehicles under the described conditions may exceed | 9647 |
|
by
no more than seven and one-half per cent the weight provisions | 9648 |
|
of sections
5577.01 to 5577.09 of the Revised
Code and no penalty | 9649 |
|
prescribed in section 5577.99 of the
Revised Code shall be | 9650 |
|
imposed: | 9651 |
| Section 101.02. That existing sections 121.51,
133.52, | 9693 |
|
151.01, 151.09, 151.40, 955.201, 1345.52, 1547.11, 1548.10, | 9694 |
|
1751.53, 2911.21,
2949.094, 3781.01, 3781.10, 3781.12, 3781.19, | 9695 |
|
3905.423, 3923.38, 4501.01,
4501.03, 4501.21, 4503.03, 4503.10, | 9696 |
|
4503.103,
4503.191,
4505.032, 4505.09, 4506.07,
4506.11, | 9697 |
|
4506.17, 4507.06,
4507.13, 4507.51, 4507.52,
4511.01,
4511.181, | 9698 |
|
4511.19, 4511.191,
4511.21, 4511.213, 4513.263, 4513.34, | 9699 |
|
4517.021, 4519.02, 4519.03,
4519.04, 4519.08,
4519.09,
4519.10, | 9700 |
|
4519.44, 4519.47, 4519.59, 4561.17,
4561.18,
4561.21,
4740.14, | 9701 |
|
4765.37, 4765.38, 4765.39, 4928.64, 4928.65, 5501.03, 5501.311, | 9702 |
|
5501.51, 5502.67, 5502.68,
5515.01, 5515.07, 5517.011, 5525.15,
| 9703 |
|
5531.09, 5537.07, 5537.99, 5541.05, 5571.20, and 5577.042 of the
| 9704 |
|
Revised
Code are
hereby repealed.
| 9705 |
| (d) The employee is not,
and does not become, covered by or | 9737 |
|
eligible for coverage by any
other insured or uninsured | 9738 |
|
arrangement that provides hospital,
surgical, or medical coverage | 9739 |
|
for individuals in a group and
under which the employee was not | 9740 |
|
covered immediately prior to
the termination of employment. A | 9741 |
|
person eligible for
continuation of coverage under this section, | 9742 |
|
who is also
eligible for coverage under section 3923.123 of the | 9743 |
|
Revised Code, may elect either
coverage, but not both. A person | 9744 |
|
who elects continuation of
coverage may elect any coverage | 9745 |
|
available under section 3923.123
of the Revised
Code upon the | 9746 |
|
termination of
the continuation of coverage. | 9747 |
| (d) The employee is not, and does not become, covered by
or | 9852 |
|
eligible for coverage by any other insured or uninsured | 9853 |
|
arrangement that provides hospital, surgical, or medical coverage | 9854 |
|
for individuals in a group and under which the person was not | 9855 |
|
covered immediately prior to such termination. A person eligible | 9856 |
|
for continuation of coverage under this section, who is also | 9857 |
|
eligible for coverage under section 3923.123 of the Revised Code, | 9858 |
|
may elect either coverage, but not both. A person who elects | 9859 |
|
continuation of coverage may elect any coverage available under | 9860 |
|
section 3923.123 of the Revised Code upon the termination of the | 9861 |
|
continuation of coverage. | 9862 |
| (B) A group policy shall provide that any eligible
employee | 9869 |
|
may continue the employee's hospital, surgical, and
medical | 9870 |
|
insurance under the policy, for the employee and the
employee's | 9871 |
eligible dependents, for a period of twelvesix months after
the | 9872 |
|
date
that the insurance coverage would otherwise terminate by | 9873 |
|
reason of
the termination of the employee's employment.
Each | 9874 |
|
certificate of
coverage, or other notice of coverage, issued to | 9875 |
|
employees under
the policy shall include a notice of the | 9876 |
|
employee's privilege of
continuation. | 9877 |
| Of the foregoing appropriation item 772422, Highway
| 10033 |
|
Construction – Federal, $7,500,000 shall be used in each fiscal
| 10034 |
|
year to provide grants to local transit authorities to purchase or
| 10035 |
|
improve public transit vehicles. To provide for a cleaner
| 10036 |
|
environment, new transit vehicles purchased and improvements made
| 10037 |
|
to a local transit authority's existing fleet of vehicles with
| 10038 |
|
funds provided under this section must foster the goals of
| 10039 |
|
increasing fuel efficiency, reducing emissions, and using
| 10040 |
|
alternative fuels, as appropriate.
| 10041 |
| The Treasurer of State, upon the request of the Director of
| 10043 |
|
Transportation, is authorized to issue and sell, in accordance
| 10044 |
|
with
Section 2m of Article VIII, Ohio Constitution, and Chapter
| 10045 |
|
151. and particularly sections 151.01 and 151.06 of the Revised
| 10046 |
|
Code, obligations, including bonds and
notes, in the aggregate
| 10047 |
|
amount of $352,000,000
in addition to the
original issuance of
| 10048 |
|
obligations
authorized by prior
acts of the General Assembly.
| 10049 |
| The obligations shall be dated, issued, and sold from time to
| 10050 |
|
time in amounts necessary to provide sufficient
moneys to the
| 10051 |
|
credit of the
Highway Capital Improvement Fund (Fund
7042) created
| 10052 |
|
by section
5528.53 of the
Revised Code to pay costs
charged to the
| 10053 |
|
fund when due as estimated by the
Director of
Transportation,
| 10054 |
|
provided, however, that such obligations shall be issued and sold
| 10055 |
|
at such time or times so that not more than $220,000,000 original
| 10056 |
|
principal amount of obligations, plus the principal amount of
| 10057 |
|
obligations that in prior fiscal years could have been, but were
| 10058 |
|
not, issued within the $220,000,000 limit, may be issued in any
| 10059 |
|
fiscal year, and not more than $1,200,000,000 original principal
| 10060 |
|
amount of such obligations are outstanding at any one time.
| 10061 |
| The Director of Budget and Management may approve requests
| 10066 |
|
from
the Director of Transportation for transfer of Highway
| 10067 |
|
Operating Fund (Fund 7002)
appropriations for highway planning and
| 10068 |
|
research (appropriation
items
771411 and 771412), highway
| 10069 |
|
construction (appropriation
items 772421,
772422, 772424, 772437,
| 10070 |
|
and 772438), highway
maintenance
(appropriation item 773431),
| 10071 |
|
rail grade crossings
(appropriation item 776462), aviation
| 10072 |
|
(appropriation item
777475),
and administration (appropriation
| 10073 |
|
item 779491).
The
Director of Budget and Management may
not | 10074 |
|
make
transfers out of debt service appropriation
items unless
| 10075 |
|
the
Director determines that the appropriated amounts
exceed the
| 10076 |
|
actual and projected debt service requirements.
Transfers of
| 10077 |
|
appropriations
may be made upon the
written request
of the
| 10078 |
|
Director of Transportation and with the
approval of the
Director
| 10079 |
|
of Budget and Management. The
transfers shall be
reported
to the
| 10080 |
|
Controlling Board at the next
regularly scheduled
meeting
of the
| 10081 |
|
board.
| 10082 |
| The Director of Budget and Management may approve written
| 10091 |
|
requests
from the Director of Transportation for the transfer of
| 10092 |
|
appropriations between appropriation items 772422, Highway
| 10093 |
|
Construction - Federal, 775452, Public Transportation -
Federal,
| 10094 |
|
775454, Public Transportation - Other, and 775459, Elderly and
| 10095 |
|
Disabled Special Equipment, based upon transit capital projects
| 10096 |
|
meeting Federal
Highway Administration and Federal Transit
| 10097 |
|
Administration funding
guidelines. The transfers shall be reported
| 10098 |
|
to the Controlling
Board at its next regularly scheduled meeting.
| 10099 |
| The Director of Budget and Management may approve requests
| 10108 |
|
from the Director
of Transportation for transfer of
appropriations
| 10109 |
|
and
cash from the Highway Operating Fund (Fund
7002)
to the
| 10110 |
|
Infrastructure Bank funds
created in section 5531.09
of the
| 10111 |
|
Revised Code.
The Director of Budget and Management may
transfer
| 10112 |
|
from the Infrastructure Bank funds to the
Highway
Operating Fund
| 10113 |
|
up to the amounts originally
transferred to the
Infrastructure
| 10114 |
|
Bank funds under this
section. However, the
Director may not make
| 10115 |
|
transfers
between modes or
transfers
between different funding
| 10116 |
|
sources. The transfers shall be
reported
to the Controlling Board
| 10117 |
|
at its next regularly scheduled meeting.
| 10118 |
| Any balances of prior years' appropriations to the Highway
| 10147 |
|
Operating Fund (Fund 7002), the Highway Capital Improvement Fund
| 10148 |
|
(Fund 7042), and the Infrastructure Bank funds created in section
| 10149 |
|
5531.09 of the Revised Code that are unencumbered on June 30,
| 10150 |
|
2009, subject to the availability of revenue as determined by the
| 10151 |
|
Director of Transportation, are hereby reappropriated for the same
| 10152 |
|
purpose in fiscal year 2010 upon the request of the Director of
| 10153 |
|
Transportation and with the approval of the Director of Budget and
| 10154 |
|
Management. The reappropriations shall be reported to the
| 10155 |
|
Controlling Board.
| 10156 |
| Any balances of prior years' appropriations to the Highway
| 10157 |
|
Operating Fund (Fund 7002), the Highway Capital Improvement Fund
| 10158 |
|
(Fund 7042), and the Infrastructure Bank funds created in section
| 10159 |
|
5531.09 of the Revised Code that are unencumbered on June 30,
| 10160 |
|
2010, subject to the availability of revenue as determined by the
| 10161 |
|
Director of Transportation, are hereby reappropriated for the same
| 10162 |
|
purpose in fiscal year 2011 upon the request of the Director of
| 10163 |
|
Transportation and with the approval of the Director of Budget and
| 10164 |
|
Management. The reappropriations shall be reported to the
| 10165 |
|
Controlling Board.
| 10166 |
| The Director of Transportation may remove snow and ice and
| 10173 |
|
maintain, repair, improve, or provide lighting upon interstate
| 10174 |
|
highways that are located within the boundaries of municipal
| 10175 |
|
corporations, adequate to meet the requirements of federal law.
| 10176 |
|
When agreed in writing by the Director of Transportation and the
| 10177 |
|
legislative authority of a municipal corporation and
| 10178 |
|
notwithstanding sections 125.01 and 125.11 of the Revised Code,
| 10179 |
|
the Department of Transportation may reimburse a municipal
| 10180 |
|
corporation for all or any part of the costs, as provided by such
| 10181 |
|
agreement, incurred by the municipal corporation in maintaining,
| 10182 |
|
repairing, lighting, and removing snow and ice from the interstate
| 10183 |
|
system.
| 10184 |
| The Director of Transportation may use revenues from the
| 10186 |
|
state
motor
vehicle fuel tax to match approved federal grants
| 10187 |
|
awarded to the
Department of
Transportation, regional transit
| 10188 |
|
authorities, or eligible public
transportation
systems, for public
| 10189 |
|
transportation highway purposes, or to
support local or
state
| 10190 |
|
funded projects for public transportation highway purposes.
Public
| 10191 |
|
transportation highway purposes include: the construction
or
| 10192 |
|
repair of high-occupancy vehicle traffic lanes, the acquisition
or
| 10193 |
|
construction of
park-and-ride facilities, the acquisition or
| 10194 |
|
construction of
public
transportation vehicle loops, the
| 10195 |
|
construction or repair of
bridges used by
public transportation
| 10196 |
|
vehicles or that are the responsibility of
a regional
transit
| 10197 |
|
authority or other public transportation system, or other
similar
| 10198 |
|
construction that is designated as an eligible public
| 10199 |
|
transportation highway
purpose. Motor vehicle fuel tax revenues
| 10200 |
|
may not be used for operating
assistance or for the purchase of
| 10201 |
|
vehicles, equipment, or maintenance
facilities.
| 10202 |
| The foregoing appropriation item 770003, Administration -
| 10204 |
|
State
- Debt Service, shall be used to pay rent to the Ohio
| 10205 |
|
Building
Authority for the period July 1, 2009, to June 30, 2011,
| 10206 |
|
under the primary leases and agreements for various transportation
| 10207 |
|
related capital facilities financed by obligations issued under
| 10208 |
|
Chapter 152. of the Revised Code. The rental payments
shall be
| 10209 |
|
made from
revenues received from the motor vehicle fuel
tax. The
| 10210 |
|
amounts of
any bonds and notes to finance such capital
facilities
| 10211 |
|
shall be at
the request of the Director of
Transportation.
| 10212 |
|
Notwithstanding
section 152.24 of the Revised
Code, the Ohio
| 10213 |
|
Building Authority
may, with approval of the
Office of Budget and
| 10214 |
|
Management, lease
capital facilities to the
Department of
| 10215 |
|
Transportation.
| 10216 |
| Should the appropriation and any reappropriations from prior
| 10224 |
|
years in appropriation item 770003 exceed the rental payments for
| 10225 |
|
fiscal year
2010 or 2011, then prior to June 30, 2011, the balance
| 10226 |
|
may be
transferred to appropriation item 772421, Highway
| 10227 |
|
Construction - State, 773431, Highway Maintenance - State, or
| 10228 |
|
779491, Administration - State, upon the written request of
the
| 10229 |
|
Director of Transportation and with
the approval of the
Director
| 10230 |
|
of Budget and Management. The transfer
shall be reported to
the
| 10231 |
|
Controlling Board at its next regularly
scheduled meeting.
| 10232 |
| The Department of Transportation, under the direction of the
| 10245 |
|
Department of
Development, shall provide these funds in accordance
| 10246 |
|
with all guidelines and
requirements established for Department of
| 10247 |
|
Development appropriation item
195412, Business
Development,
| 10248 |
|
including Controlling Board review and approval as well as the
| 10249 |
|
requirements for usage of gas tax revenue prescribed in Section 5a
| 10250 |
|
of Article
XII, Ohio Constitution.
Should the Department of
| 10251 |
|
Development require the
assistance of the Department of
| 10252 |
|
Transportation to bring a project to
completion, the Department of
| 10253 |
|
Transportation shall use its authority under
Title LV of the
| 10254 |
|
Revised Code to provide such assistance and may enter into
| 10255 |
|
contracts
on behalf of the Department of Development. In addition,
| 10256 |
|
these
funds may be used in conjunction with appropriation item
| 10257 |
|
195412,
Business
Development, or any
other state funds
| 10258 |
|
appropriated for
infrastructure improvements.
| 10259 |
| The Director of Budget and Management, pursuant to a plan
| 10260 |
|
submitted by the Director of Development or as otherwise
| 10261 |
|
determined by the Director of Budget and Management, shall set a
| 10262 |
|
cash transfer schedule
to meet the cash needs of the Department of
| 10263 |
|
Development's Roadwork Development Fund (Fund 4W00), less any
| 10264 |
|
other
available cash. The Director
shall transfer to the Roadwork
| 10265 |
|
Development Fund from the Highway Operating Fund (Fund 7002),
| 10266 |
|
established in section 5735.291 of the Revised Code, such amounts
| 10267 |
|
at such times as determined by the transfer schedule.
| 10268 |
| Notwithstanding section 5540.151 of the Revised Code and any
| 10270 |
|
other restrictions that apply to the distribution of Roadwork
| 10271 |
|
Development Grants, of the foregoing appropriation item 195629,
| 10272 |
|
Roadwork Development, $250,000 in each fiscal year shall be
| 10273 |
|
distributed by the Director of Development to each of the
| 10274 |
|
Transportation Improvement Districts in Belmont, Butler, Clermont,
| 10275 |
|
Hamilton, Lorain, Medina, Montgomery, Muskingum, and Stark
| 10276 |
|
counties, and to the Rossford Transportation Improvement District
| 10277 |
|
in Wood County.
| 10278 |
| The Director of the Public Works Commission is authorized to
| 10291 |
|
create a
District Administration Costs Program from interest
| 10292 |
|
earnings of the Capital Improvements
Fund and Local
Transportation
| 10293 |
|
Improvement Program Fund proceeds. The program shall be used to
| 10294 |
|
provide for the direct costs of district
administration of the
| 10295 |
|
nineteen
public works districts. Districts choosing to participate
| 10296 |
|
in the program
shall only expend State Capital Improvements Fund
| 10297 |
|
moneys
for State Capital Improvements Fund costs and
Local
| 10298 |
|
Transportation
Improvement Program Fund moneys for Local
| 10299 |
|
Transportation
Improvement
Program Fund costs. The account shall
| 10300 |
|
not exceed
$1,235,000 per fiscal year. Each public works district
| 10301 |
|
may be
eligible for up to
$65,000 per fiscal year from its
| 10302 |
|
district
allocation as provided in sections
164.08 and 164.14 of
| 10303 |
|
the
Revised Code.
| 10304 |
| Section 301.10. For all appropriations made in Sections
| 10327 |
|
303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 315.10, 317.10,
| 10328 |
|
317.20,
319.10, 321.10, and 325.10 of this act, those in
the | 10329 |
|
first column
are for fiscal year 2008 and those in the second
| 10330 |
|
column are for
fiscal year 2009. The appropriations made in | 10331 |
|
these sections are in
addition to any other appropriations made | 10332 |
|
for fiscal
years 2008
and 2009.
| 10333 |
| The foregoing appropriation items 195603, Housing and Urban
| 10447 |
|
Development, 195618, Energy Federal
Grants, 195613, Community
| 10448 |
|
Development Block Grant, 195612, Community Services Block Grant,
| 10449 |
|
195601,
HOME Program, 195632, Federal Stimulus - Energy Star
| 10450 |
|
Rebate Program, and 195642, Federal Stimulus - Energy Efficiency
| 10451 |
|
and Conservation Block Grants, shall be used in accordance with
| 10452 |
|
the requirements of
the American Recovery and Reinvestment Act of
| 10453 |
|
2009 that apply to
the money appropriated.
| 10454 |
| Section 315.11. (A) The eTech Ohio Commission shall develop | 10519 |
|
and implement the Twenty-First Century Learning Environments | 10520 |
|
Technology Grant Program. Under the program, the Commission, in | 10521 |
|
consultation with the Department of Education, shall award | 10522 |
|
competitive grants to school districts for the purchase or lease | 10523 |
|
of technology hardware, software, training, and support packages | 10524 |
|
(education solution packages) that meet the specifications | 10525 |
|
developed jointly by the Commission and the Department. | 10526 |
|
Twenty-five per cent of any grant award shall be used for | 10527 |
|
professional development that focuses on utilizing digital | 10528 |
|
environments to enable new teaching methods, such as | 10529 |
|
individualizing instruction and project-based learning. This | 10530 |
|
professional development shall include at least one component of | 10531 |
|
training in the classroom. The Commission shall limit the number | 10532 |
|
of grants so that each grant recipient receives an amount that is | 10533 |
|
sufficient to create large-scale learning environment changes that | 10534 |
|
facilitate the goals expressed in division (D) of this section. | 10535 |
|
The Commission shall award grants in a manner that ensures | 10536 |
|
diversity among grant recipients according to geographical | 10537 |
|
regions, economic scale, and school district size. | 10538 |
| There is established in appropriation item 965605, Deputy | 10629 |
|
Inspector General for ARRA, an appropriation of $450,000 in fiscal | 10630 |
|
year 2010 and of $600,000 in fiscal year 2011 to pay the operating | 10631 |
|
expenses incurred by the Deputy Inspector General for Funds | 10632 |
|
Received through the American Recovery and Reinvestment Act of | 10633 |
|
2009 in performing the duties specified in section 121.53 of the | 10634 |
|
Revised Code. Any unencumbered and unexpended appropriations | 10635 |
|
remaining on June 30, 2010, are reappropriated for the same | 10636 |
|
purposes in fiscal year 2011. | 10637 |
| Section 323.10. Expenditures from the appropriations made in
| 10708 |
|
Sections 303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 315.10,
| 10709 |
|
317.10, 319.10, 321.10, and 325.10 of this act
shall be accounted
| 10710 |
|
for as though
made in the relevant main
operating appropriations
| 10711 |
|
act. The
appropriations made in this
division are subject to all
| 10712 |
|
provisions of the relevant main
operating appropriations act that
| 10713 |
|
are generally applicable to the
appropriations.
| 10714 |
| The Director of Budget and Management may approve written
| 10739 |
|
requests from the Director of Transportation for the transfer of
| 10740 |
|
appropriations between appropriation items 771412, Planning and
| 10741 |
|
Research – Federal, 772422, Highway Construction - Federal,
| 10742 |
|
772424, Highway Construction – Other, 775452, Public
| 10743 |
|
Transportation - Federal, 776462, Grade Crossing - Federal, and
| 10744 |
|
777472, Airport Improvements - Federal, based upon the
| 10745 |
|
requirements of the American Recovery and Reinvestment Act of 2009
| 10746 |
|
that apply to the money appropriated. The transfers shall be
| 10747 |
|
reported to the Controlling Board at its next regularly scheduled
| 10748 |
|
meeting.
| 10749 |
| The Director of Budget and Management shall transfer cash in
| 10799 |
|
equal monthly increments totaling $183,493,000 in each fiscal year
| 10800 |
|
of the 2010-2011 biennium from the Highway Operating Fund, created
| 10801 |
|
in section 5735.291 of the Revised Code, to the Gasoline Excise
| 10802 |
|
Tax Fund created in division (A) of section 5735.27 of the Revised
| 10803 |
|
Code. The monthly amounts transferred under this section shall be
| 10804 |
|
distributed as follows: 42.86 per cent shall be distributed among
| 10805 |
|
the municipal corporations within the state under division (A)(2)
| 10806 |
|
of section 5735.27 of the Revised Code; 37.14 per cent shall be
| 10807 |
|
distributed among the counties within the state under division
| 10808 |
|
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent
| 10809 |
|
shall be distributed among the townships within the state under
| 10810 |
|
division (A)(5)(b) of section 5735.27 of the Revised Code.
| 10811 |
| The Director of Budget and Management is authorized, upon
| 10813 |
|
written request of the Director of the Public Works Commission, to
| 10814 |
|
make periodic transfers of cash from the Highway Operating Fund
| 10815 |
|
created in section 5735.291 of the Revised Code to the Local
| 10816 |
|
Transportation Improvement Program Fund created in section 164.14
| 10817 |
|
of the Revised Code. These periodic transfers must total
| 10818 |
|
$100,000,000 in fiscal year 2010 and $100,000,000 in fiscal year
| 10819 |
|
2011 and are intended to fulfill the purposes of Section 18 of Am.
| 10820 |
|
Sub. H.B. 554 of the 127th General Assembly.
| 10821 |
|
On the effective date of this section, and on July 1, 2009, | 10841 |
|
or as soon as
possible thereafter, respectively, the Director of | 10842 |
|
Budget and
Management shall transfer $150,000 in cash, for each | 10843 |
|
period, from
the General Revenue Fund to the Deputy Inspector | 10844 |
|
General for Funds
Received through the American Recovery and | 10845 |
|
Reinvestment Act of
2009 Fund (Fund 5GI0), which is created in | 10846 |
|
section 121.53 of the
Revised Code.
| 10847 |
| There is established in the Highway Operating Fund (Fund
| 10855 |
|
7002) in the Department of Transportation a Diesel Emissions
| 10856 |
|
Reduction Grant Program. The Director of Development shall
| 10857 |
|
administer the program and shall solicit, evaluate, score, and
| 10858 |
|
select projects submitted by public entities, small business
| 10859 |
|
concerns as the concerns are defined in 13 C.F.R. 121, as amended,
| 10860 |
|
and disadvantaged business enterprises as they are defined in 49
| 10861 |
|
C.F.R. 26 that are eligible for the federal Congestion Mitigation
| 10862 |
|
and Air Quality (CMAQ) Program. The Director of Transportation
| 10863 |
|
shall process Federal Highway Administration-approved projects as
| 10864 |
|
recommended by the Director of Development.
| 10865 |
| Section 521.10. The federal payments that are made to the
| 10927 |
|
state from the Clean Water State Revolving Fund pursuant to Title
| 10928 |
|
VIII of the American Recovery and Reinvestment Act of 2009 shall
| 10929 |
|
be credited to the Water Pollution Control Loan Fund created in
| 10930 |
|
section 6111.036 of the Revised Code. Notwithstanding the
| 10931 |
|
requirements of section 6111.036 of the Revised Code, money
| 10932 |
|
credited to the Fund under this section shall be used and
| 10933 |
|
administered to provide financial assistance in any manner that is
| 10934 |
|
consistent with the requirements of the Federal Water Pollution
| 10935 |
|
Control Act or the American Recovery and Reinvestment Act of 2009.
| 10936 |
| Section 521.20. The federal payments that are made to the
| 10945 |
|
state from the Drinking Water State Revolving Fund pursuant to
| 10946 |
|
Title VIII of the American Recovery and Reinvestment Act of 2009
| 10947 |
|
shall be credited to the Drinking Water Assistance Fund created in
| 10948 |
|
section 6109.22 of the Revised Code. Notwithstanding the
| 10949 |
|
requirements of section 6109.22 of the Revised Code, money
| 10950 |
|
credited to the Fund under this section shall be used and
| 10951 |
|
administered to provide financial assistance in any manner that is
| 10952 |
|
consistent with the requirements of the Safe Drinking Water Act or
| 10953 |
|
the American Recovery and Reinvestment Act of 2009.
| 10954 |
| The Director of the Public Works Commission is authorized to
| 10992 |
|
create a
District Administration Costs Program from interest
| 10993 |
|
earnings of the Capital Improvements
Fund and Local
Transportation
| 10994 |
|
Improvement Program Fund proceeds. The program shall be used to
| 10995 |
|
provide for the direct costs of district
administration of the
| 10996 |
|
nineteen
public works districts. Districts choosing to participate
| 10997 |
|
in the program
shall only expend Capital Improvements Fund moneys
| 10998 |
|
for Capital Improvements Fund costs and
Local
Transportation
| 10999 |
|
Improvement Program Fund moneys for Local Transportation
| 11000 |
|
Improvement
Program Fund costs. The account shall not exceed
| 11001 |
|
$1,235,000 per fiscal year. Each public works district may be
| 11002 |
|
eligible for up to
$65,000 per fiscal year from its district
| 11003 |
|
allocation as provided in sections
164.08 and 164.14 of the
| 11004 |
|
Revised Code.
| 11005 |
| Notwithstanding division (B) of section 127.14 of the Revised
| 11020 |
|
Code, all capital appropriations and reappropriations from the
| 11021 |
Local
Transportation Improvement Program Fund (Fund 052) in this
| 11022 |
actAm. Sub. H.B. 67 of the 127th General Assembly
remaining
| 11023 |
|
unencumbered as of June 30, 2008, are reappropriated
for use
| 11024 |
|
during the period July 1, 2008, through June 30, 2009, for
the
| 11025 |
|
same purposes, subject to the availability of
revenue as
| 11026 |
|
determined by the Director of the Public Works
Commission.
| 11027 |
| The Treasurer of State is hereby authorized to issue and
| 11045 |
|
sell, in accordance with Section 2o and 2q of Article VIII, Ohio
| 11046 |
|
Constitution, and pursuant to sections 151.01 and 151.40 of the
| 11047 |
|
Revised Code, original obligations in an aggregate principal
| 11048 |
amount not to exceed $40,000,000$100,000,000 in addition to the
| 11049 |
|
original
issuance of obligations heretofore authorized by prior
| 11050 |
|
acts of the
General Assembly. These authorized obligations shall
| 11051 |
|
be issued
and sold from time to time, subject to applicable
| 11052 |
|
constitutional
and statutory limitations, as needed to ensure
| 11053 |
|
sufficient moneys
to the credit of the Clean Ohio Revitalization
| 11054 |
|
Fund (Fund 7003) to
pay costs of revitalization projects.
| 11055 |
| The foregoing appropriation item C15060, Clean Ohio
| 11064 |
|
Conservation, shall be used in accordance with sections 164.20 to
| 11065 |
|
164.27 of the Revised Code. If the Public Works Commission
| 11066 |
|
receives refunds due to project overpayments that are discovered
| 11067 |
|
during the post-project audit, the Director of the Public Works
| 11068 |
|
Commission may certify to the Director of Budget and Management
| 11069 |
|
that refunds have been received. If the Director of Budget and
| 11070 |
|
Management determines that the project refunds are available to
| 11071 |
|
support additional appropriations, such amounts are hereby
| 11072 |
|
appropriated.
| 11073 |
| Sec. 243.11. The Ohio Public Facilities Commission is
hereby
| 11092 |
|
authorized to issue and sell, in accordance with Section
2o and
| 11093 |
|
2q of
Article VIII, Ohio Constitution, and pursuant to sections
| 11094 |
|
151.01
and 151.09 of the Revised Code, original obligations of
| 11095 |
|
the state
in an aggregate principal amount not to exceed
| 11096 |
$40,000,000$100,000,000 in
addition to the original issuance of
| 11097 |
|
obligations
heretofore
authorized by prior acts of the General
| 11098 |
|
Assembly.
These
authorized
obligations shall be issued and sold
| 11099 |
|
from time
to
time, subject to
applicable constitutional and
| 11100 |
|
statutory
limitations, as needed to
ensure sufficient moneys to
| 11101 |
|
the credit
of the Clean Ohio
Conservation Fund (Fund 7056), the
| 11102 |
|
Clean Ohio
Agricultural
Easement Fund (Fund 7057), and the Clean
| 11103 |
|
Ohio Trail
Fund (Fund
7061) to pay costs of conservation
| 11104 |
|
projects.
| 11105 |
| (C) The Board of Building Standards shall determine which of | 11175 |
|
the members appointed pursuant to division (A)(1) of section | 11176 |
|
4740.14 of the Revised Code as amended by this act will serve the | 11177 |
|
term described in division (B)(1), which member will serve the | 11178 |
|
term described in division (B)(2), and which member will serve the | 11179 |
|
term described in division (B)(3) of this section, and shall | 11180 |
|
determine which of the members appointed pursuant to division | 11181 |
|
(A)(2) of section 4740.14 of the Revised Code as amended by this | 11182 |
|
act will serve the term described in division (B)(2) and which | 11183 |
|
member will serve the term described in division (B)(3) of this | 11184 |
|
section. | 11185 |
| Section 755.10. The Director of Transportation may enter into
| 11191 |
|
agreements as provided in this section with the United States or
| 11192 |
|
any department or agency of the United States, including, but not
| 11193 |
|
limited to, the United States Army Corps of Engineers, the United
| 11194 |
|
States Forest Service, the United States Environmental Protection
| 11195 |
|
Agency, and the United States Fish and Wildlife Service. An
| 11196 |
|
agreement entered into pursuant to this section shall be solely
| 11197 |
|
for the purpose of dedicating staff to the expeditious and timely
| 11198 |
|
review of environmentally related documents submitted by the
| 11199 |
|
Director of Transportation, as necessary for the approval of
| 11200 |
|
federal permits. The agreements may include provisions for advance
| 11201 |
|
payment by the Director of Transportation for labor and all
other
| 11202 |
|
identifiable costs of the United
States or any department or
| 11203 |
|
agency of the United States providing the services, as may be
| 11204 |
|
estimated by the United States, or the department or agency of the
| 11205 |
|
United States. The Director shall submit a request to the
| 11206 |
|
Controlling Board indicating the amount of the agreement, the
| 11207 |
|
services to be performed by the United States or the department or
| 11208 |
|
agency of the United States, and the circumstances giving rise to
| 11209 |
|
the agreement.
| 11210 |
| Section 755.40. (A) The Department of Public Safety shall
| 11211 |
|
form a study group to conduct a study and make recommendations to
| 11212 |
|
improve services related to vehicle registrations, driver's
| 11213 |
|
license and identification card issuance, and vehicle title
| 11214 |
|
issuance. The study group shall include representatives from the
| 11215 |
|
Department of Public Safety, the Bureau of Motor Vehicles, the
| 11216 |
|
Office of Budget and Management, the Ohio Clerk of Courts
| 11217 |
|
Association, the County Auditors' Association, the Ohio Trucking
| 11218 |
|
Association, the Deputy Registrars' Association, the Ohio Auto
| 11219 |
|
Dealers' Association, the County Commissioners' Association,
the | 11220 |
|
Ohio Municipal League, and two members of the public, one of whom | 11221 |
|
shall be appointed by the President of the Senate and one of whom | 11222 |
|
shall be appointed by the Speaker of the House of Representatives.
| 11223 |
| Section 755.50. The Department of Transportation shall
| 11244 |
|
compile and produce a report on the financial and policy
| 11245 |
|
implications of the Department assuming primary responsibility for
| 11246 |
|
all state routes throughout Ohio regardless of local government
| 11247 |
|
jurisdiction. The report shall review the range of possible
| 11248 |
|
participation in the paving and maintenance of these routes by the
| 11249 |
|
Department. The Department shall submit the report to the Speaker
| 11250 |
|
of the House of Representatives, the Minority Leader of the House | 11251 |
|
of Representatives, the President of the Senate, the Minority | 11252 |
|
Leader of the Senate, and
the Governor not later than December | 11253 |
|
15, 2009.
| 11254 |
| Section 755.60. The Ohio Turnpike Commission may conduct a
| 11255 |
|
study to examine ways to increase the application of green
| 11256 |
|
technology, including the reduction of diesel emissions, in the
| 11257 |
|
construction, maintenance, improvement, repair, and operation of
| 11258 |
|
Ohio Turnpike Commission facilities. Additionally, the study shall
| 11259 |
|
evaluate all opportunities to develop energy alternatives,
| 11260 |
|
including solar, geothermal, natural gas, and wind, in cooperation
| 11261 |
|
with the Power Siting Board and the Ohio Department of
| 11262 |
|
Transportation.
Provided, That the Ohio Turnpike Commission shall | 11263 |
|
not use any money derived from the Commission's operation of the | 11264 |
|
Ohio Turnpike to conduct the study authorized by this section. | 11265 |
| The Task Force shall consist of seventeen members
as
| 11283 |
|
follows: three members appointed by the Governor; three members
| 11284 |
|
appointed by the Speaker of the House of Representatives, not more
| 11285 |
|
than two from the same political party; three members appointed by
| 11286 |
|
the President of the Senate, not more than two from the same
| 11287 |
|
political party; one representative from the Department of Public
| 11288 |
|
Safety, appointed by the Director of Public Safety; one
| 11289 |
|
representative from the State Highway Patrol, appointed by the
| 11290 |
|
Director of Public Safety; one representative from the Buckeye
| 11291 |
|
State Sheriffs' Association, appointed by the Governor; one
| 11292 |
|
representative from the Ohio Association of Chiefs of Police,
| 11293 |
|
appointed by the Governor; one representative from the Ohio Fire
| 11294 |
|
Chiefs Association, appointed by the Governor; one
representative
| 11295 |
|
from MARCS, appointed by the Director of
Administrative Services;
| 11296 |
|
one
representative of an emergency
management agency, appointed
| 11297 |
|
by the Governor; and the Director of
Administrative Services or
| 11298 |
|
the Director's designee. The appointed
members shall be appointed
| 11299 |
|
not later than
forty-five days after
the effective date of this
| 11300 |
|
section.
| 11301 |
| Section 755.90. The Department of Transportation shall not | 11312 |
|
impose the overweight or overdimension vehicle movement permit fee | 11313 |
|
increases established in paragraphs (A)(2), (D)(2), (G), (H), (I), | 11314 |
|
(J), and (K) of rule 5501:2-1-10 of the Administrative Code
that | 11315 |
|
are scheduled to take effect on July 1, 2009. Rather, the
fees | 11316 |
|
that took effect on March 1, 2009, shall apply. The
Director of | 11317 |
|
Transportation shall amend rule 5501:2-1-10 of the Administrative | 11318 |
|
Code to comply with this section, but shall
not subsequently | 11319 |
|
increase the rates by rule until July 1, 2010. | 11320 |
| Section 756.10. (A) There is hereby established the Ohio | 11321 |
|
Commercial Vehicle Weight Task Force, consisting of twelve members | 11322 |
|
as follows: the Director of Transportation or the Director's | 11323 |
|
designee, one member of the Senate appointed by the President of | 11324 |
|
the Senate, one member of the Senate appointed by the Minority | 11325 |
|
Leader of the Senate, one member of the House of Representatives | 11326 |
|
appointed by the Speaker of the House of Representatives, one | 11327 |
|
member of the House of Representatives appointed by the Minority | 11328 |
|
Leader of the House of Representatives, one member who represents | 11329 |
|
the Ohio Trucking Association, one member who represents the Ohio | 11330 |
|
Contractors Association, one member appointed by the Governor to | 11331 |
|
represent the railroad industry in this state, one member | 11332 |
|
appointed by the Governor to represent a port authority located in | 11333 |
|
this state, one member appointed by the President of the Senate to | 11334 |
|
represent the public, one member appointed by the Speaker of the | 11335 |
|
House of Representatives to represent the public, and one member | 11336 |
|
appointed by the Governor to represent the public. The appointed | 11337 |
|
members shall be appointed not later than forty-five days after | 11338 |
|
the effective date of this section. | 11339 |
| Section 756.20. (A) There is hereby established the Ohio | 11357 |
|
State Highway Patrol Mission Review Task Force, consisting of | 11358 |
|
fourteen members as follows: the Director of Public Safety or the | 11359 |
|
Director's designee, two members of the Senate appointed by the | 11360 |
|
President of the Senate, one member of the Senate appointed by the | 11361 |
|
Minority Leader of the Senate, two members of the House of | 11362 |
|
Representatives appointed by the Speaker of the House of | 11363 |
|
Representatives, one member of the House of Representatives | 11364 |
|
appointed by the Minority Leader of the House of Representatives, | 11365 |
|
one member who represents the Buckeye State Sheriffs Association, | 11366 |
|
one member who represents the Fraternal Order of Police of Ohio, | 11367 |
|
one member who represents the Ohio Association of Chiefs of | 11368 |
|
Police, one member who is a State Highway Patrol trooper appointed | 11369 |
|
by the Ohio State Troopers Association to represent the troopers | 11370 |
|
of the State Highway Patrol, one member appointed by the President | 11371 |
|
of the Senate to represent the public, one member appointed by the | 11372 |
|
Speaker of the House of Representatives to represent the public, | 11373 |
|
and one member appointed by the Governor to represent the public. | 11374 |
|
The appointed members shall be appointed not later than forty-five | 11375 |
|
days after the effective date of this section. | 11376 |
| (1) A requirement that the vendor selected to operate the | 11411 |
|
program provide notification of the program's requirements to each | 11412 |
|
owner of a motor vehicle that is required to be inspected under | 11413 |
|
the program. The contract shall require the notification to be | 11414 |
|
provided not later than sixty days prior to the date by which the | 11415 |
|
owner of the motor vehicle is required to have the motor vehicle | 11416 |
|
inspected. The Director of Environmental Protection and the vendor | 11417 |
|
shall jointly agree on the content of the notice. However, the | 11418 |
|
notice shall at a minimum include the locations of all inspection | 11419 |
|
facilities within a specified distance of the address that is | 11420 |
|
listed on the owner's motor vehicle registration. | 11421 |
| An appropriation of money made in this act is not subject to
| 11467 |
|
the referendum insofar as a contemplated expenditure authorized
| 11468 |
|
thereby is wholly to meet a current expense within the meaning of
| 11469 |
|
Ohio Constitution, Article II, Section 1d and section 1.471 of the
| 11470 |
|
Revised Code. To that extent, the appropriation takes effect
| 11471 |
|
immediately when this act becomes law. Conversely, the
| 11472 |
|
appropriation is subject to the referendum insofar as a
| 11473 |
|
contemplated expenditure authorized thereby is wholly or partly
| 11474 |
|
not to meet a current expense within the meaning of Ohio
| 11475 |
|
Constitution, Article II, Section 1d and section 1.471 of the
| 11476 |
|
Revised code. To that extent, the
appropriation takes effect on
| 11477 |
|
the ninety-first day after this act
is filed with the Secretary
| 11478 |
|
of State.
| 11479 |
| Section 812.30. The amendment, enactment, or repeal by this
| 11480 |
|
act of the sections listed below is exempt from the referendum
| 11481 |
|
because it is or relates to an appropriation for current expenses
| 11482 |
|
within the meaning of Ohio Constitution, Article II, Section 1d
| 11483 |
|
and section 1.471 of the Revised Code, or defines a tax levy
| 11484 |
|
within the meaning of Ohio Constitution, Article II, Section 1d,
| 11485 |
|
and therefore takes effect immediately when this act becomes law
| 11486 |
|
or, if a later effective date is specified below, on that date.
| 11487 |
| The right-hand column identifies the amendments to the listed
| 11504 |
|
sections that are exempt from the referendum because they are or
| 11505 |
|
relate to an appropriation for current expenses within the meaning
| 11506 |
|
of Ohio Constitution, Article II, Section 1d and section 1.471 of
| 11507 |
|
the Revised Code, or define a tax levy within the meaning of Ohio
| 11508 |
|
Constitution, Article II, Section 1d, and therefore take effect
| 11509 |
|
immediately when this act becomes law or, if a later effective
| 11510 |
|
date is specified, on that date.
| 11511 |
| Section 901.11. The amendment by this act of sections 1751.53 | 11548 |
|
and 3923.38 of the Revised Code is hereby declared to be an | 11549 |
|
emergency measure necessary for the immediate preservation of the | 11550 |
|
public peace, health, and safety. The reason for such necessity | 11551 |
|
lies in the need, in these times of job losses and business | 11552 |
|
defaults, to allow people to maintain health insurance coverage | 11553 |
|
and to expedite the use of federal stimulation dollars for such | 11554 |
|
purpose, and in the need to clarify the parameters under which a | 11555 |
|
contract to administer a motor vehicle emissions inspection | 11556 |
|
program is entered into for the purpose of providing the most cost | 11557 |
|
effective and efficient service to Ohio's citizens. Therefore, the | 11558 |
|
amendment and enactment of these sections shall go into
immediate | 11559 |
|
effect. | 11560 |