As Pending in the House Finance and Appropriations Committee(LSC # 0947-3)

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 114

Representative McGregor 

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A BILL

To amend sections 122.075, 125.11, 127.12, 164.04,

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164.08, 306.35, 4163.07, 4301.62, 4501.02,

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4501.06, 4501.21, 4501.81, 4503.03, 4503.04,

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4503.521, 4503.62, 4503.94, 4505.06, 4505.09,

4

4506.08, 4507.05, 4507.23, 4510.43, 4511.108,

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4511.53, 4511.69, 4513.24, 4517.01, 4517.02,

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4517.33, 4582.12, 4582.31, 4905.802, 5501.51,

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5501.55, 5502.011, 5525.15, 5577.042, and 5751.01,

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to amend, for the purpose of adopting a new

9

section number as shown in parentheses, section

10

4905.802 (4905.801), to enact sections 4503.037,

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4503.038, 4517.16, 4517.17, 4517.171, 4517.18,

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4749.031, to repeal sections 4501.14 and 4905.801

13

of the Revised Code, and to amend Section 512.90

14

of Am. Sub. H.B. 1 of the 128th General Assembly,

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to make appropriations for programs related to

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transportation and public safety for the biennium

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beginning July 1, 2011 and ending June 30, 2013,

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and to provide authorization and conditions for

19

the operation of those programs.

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

Section 101.01. That sections 122.075, 125.11, 127.12,	21
164.04, 164.08, 306.35, 4163.07, 4301.62, 4501.02, 4501.06,	22
4501.21, 4501.81, 4503.03, 4503.04, 4503.521, 4503.62, 4503.94,	23
4505.06, 4505.09, 4506.08, 4507.05, 4507.23, 4510.43, 4511.108,	24
4511.53, 4511.69, 4513.24, 4517.01, 4517.02, 4517.33, 4582.12,	25
4582.31, 4905.802, 5501.51, 5501.55, 5502.011, 5525.15, 5577.042,	26
and 5751.01 be amended, section 4905.802 (4905.801) be amended for	27
the purpose of adopting a new section number as shown in	28
parentheses, and sections 4503.037, 4503.038, 4517.16, 4517.17,	29
4517.171, 4517.18, and 4749.031 of the Revised Code be enacted to	30
read as follows:	31

Sec. 122.075. (A) As used in this section:

32

(1) "Alternative fuel" means blended biodiesel, blended	33
gasoline, or compressed air usedhas the same meaning as in	34
air-compression driven enginessection 125.831 of the Revised	35
Code.	36

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	37
fuel that is derived from vegetable oils or animal fats, or any	38
combination of those reagents, and that meets American society for	39
testing and materials specification D6751-03a for biodiesel fuel	40
(B100) blend stock distillate fuels.	41

(3) "Diesel fuel" and "gasoline" have the same meanings as in	42
section 5735.01 of the Revised Code.	43

(4) "Ethanol" has the same meaning as in section 5733.46 of	44
the Revised Code.	45

(5) "Blended biodiesel" means diesel fuel containing at least	46
twenty per cent biodiesel by volume.	47

(6) "Blended gasoline" means gasoline containing at least	48
eighty-five per cent ethanol by volume.	49

(7) "Incremental cost" means either of the following:

50

(a) The difference in cost between blended gasoline and	51
gasoline containing ten per cent or less ethanol at the time that	52
the blended gasoline is purchased;	53

(b) The difference in cost between blended biodiesel and	54
diesel fuel containing two per cent or less biodiesel at the time	55
that the blended biodiesel is purchased.	56

(B) For the purpose of improving the air quality in this	57
state, the director of development shall establish an alternative	58
fuel transportation grant program under which the director may	59
make grants to businesses, nonprofit organizations, public school	60
systems, or local governments for the purchase and installation of	61
alternative fuel refueling or distribution facilities and	62
terminals, for the purchase and use of alternative fuel, and to	63
pay the costs of educational and promotional materials and	64
activities intended for prospective alternative fuel consumers,	65
fuel marketers, and others in order to increase the availability	66
and use of alternative fuel.	67

(C) The director, in consultation with the director of	68
agriculture, shall adopt rules in accordance with Chapter 119. of	69
the Revised Code that are necessary for the administration of the	70
alternative fuel transportation grant program. The rules shall	71
establish at least all of the following:	72

(1) An application form and procedures governing the	73
application process for a grant under the program;	74

(2) A procedure for prioritizing the award of grants under	75
the program. The procedures shall give preference to all of the	76
following:	77

(a) Publicly accessible refueling facilities;

78

(b) Entities seeking grants that have secured funding from	79
other sources, including, but not limited to, private or federal	80
grants;	81

(c) Entities that have presented compelling evidence of	82
demand in the market in which the facilities or terminals will be	83
located;	84

(d) Entities that have committed to utilizing purchased or	85
installed facilities or terminals for the greatest number of	86
years;	87

(e) Entities that will be purchasing or installing facilities	88
or terminals for both blended biodiesel and blended gasolineany	89
type of alternative fuel.	90

(3) A requirement that the maximum grant for the purchase and	91
installation of an alternative fuel refueling or distribution	92
facility or terminal be eighty per cent of the cost of the	93
facility or terminal, except that at least twenty per cent of the	94
total net cost of the facility or terminal shall be incurred by	95
the grant recipient and not compensated for by any other source;	96

(4) A requirement that the maximum grant for the purchase of	97
alternative fuel be eighty per cent of the incremental cost of the	98
fuel or, in the case of blended biodiesel or blended gasoline,	99
eighty per cent of the incremental cost of the blended biodiesel	100
or blended gasoline;	101

(5) Any other criteria, procedures, or guidelines that the	102
director determines are necessary to administer the program.	103

(D) An applicant for a grant under this section that sells	104
motor vehicle fuel at retail shall agree that if the applicant	105
receives a grant, the applicant will report to the director the	106
gallon or gallon equivalent amounts of blended gasoline and	107
blended biodieselalternative fuel the applicant sells at retail	108
in this state for a period of three years after the grant is	109
awarded.	110

The director shall enter into a written confidentiality	111
agreement with the applicant regarding the gallon or gallon	112
equivalent amounts sold as described in this division, and upon	113
execution of the agreement this information is not a public	114
record.	115

(E) There is hereby created in the state treasury the	116
alternative fuel transportation grant fund. The fund shall consist	117
of money transferred to the fund under division (C) of section	118
125.836 of the Revised Code, money that is appropriated to it by	119
the general assembly, and money as may be specified by the general	120
assembly from the advanced energy fund created by section 4928.61	121
of the Revised Code. Money in the fund shall be used to make	122
grants under the alternative fuel transportation grant program and	123
by the director in the administration of that program.	124

Sec. 125.11.  (A) Subject to division (B) of this section,	125
contracts awarded pursuant to a reverse auction under section	126
125.072 of the Revised Code or pursuant to competitive sealed	127
bidding, including contracts awarded under section 125.081 of the	128
Revised Code, shall be awarded to the lowest responsive and	129
responsible bidder on each item in accordance with section 9.312	130
of the Revised Code. When the contract is for meat products as	131
defined in section 918.01 of the Revised Code or poultry products	132
as defined in section 918.21 of the Revised Code, only those bids	133
received from vendors offering products from establishments on the	134
current list of meat and poultry vendors established and	135
maintained by the director of administrative services under	136
section 125.17 of the Revised Code shall be eligible for	137
acceptance. The department of administrative services may accept	138
or reject any or all bids in whole or by items, except that when	139
the contract is for services or products available from a	140
qualified nonprofit agency pursuant to sections 125.60 to 125.6012	141
or 4115.31 to 4115.35 of the Revised Code, the contract shall be	142
awarded to that agency.	143

(B) Prior to awarding a contract under division (A) of this	144
section, the department of administrative services or the state	145
agency responsible for evaluating a contract for the purchase of	146
products shall evaluate the bids received according to the	147
criteria and procedures established pursuant to divisions (C)(1)	148
and (2) of section 125.09 of the Revised Code for determining if a	149
product is produced or mined in the United States and if a product	150
is produced or mined in this state. The department or other state	151
agency shall first remove bids that offer products that have not	152
been or that will not be produced or mined in the United States.	153
From among the remaining bids, the department or other state	154
agency shall select the lowest responsive and responsible bid, in	155
accordance with section 9.312 of the Revised Code, from among the	156
bids that offer products that have been produced or mined in this	157
state where sufficient competition can be generated within this	158
state to ensure that compliance with these requirements will not	159
result in an excessive price for the product or acquiring a	160
disproportionately inferior product. If there are two or more	161
qualified bids that offer products that have been produced or	162
mined in this state, it shall be deemed that there is sufficient	163
competition to prevent an excessive price for the product or the	164
acquiring of a disproportionately inferior product.	165

(C) Division (B) of this section applies to contracts for	166
which competitive bidding is waived by the controlling board.	167

(D) Division (B) of this section does not apply to the	168
purchase by the division of liquor control of spirituous liquor.	169

(E) The director of administrative services shall publish in	170
the form of a model act for use by counties, townships, municipal	171
corporations, or any other political subdivision described in	172
division (B) of section 125.04 of the Revised Code, a system of	173
preferences for products mined and produced in this state and in	174
the United States and for Ohio-based contractors. The model act	175
shall reflect substantial equivalence to the system of preferences	176
in purchasing and public improvement contracting procedures under	177
which the state operates pursuant to this chapter and section	178
153.012 of the Revised Code. To the maximum extent possible,	179
consistent with the Ohio system of preferences in purchasing and	180
public improvement contracting procedures, the model act shall	181
incorporate all of the requirements of the federal "Buy America	182
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and	183
the rules adopted under that act.	184

Before and during the development and promulgation of the	185
model act, the director shall consult with appropriate statewide	186
organizations representing counties, townships, and municipal	187
corporations so as to identify the special requirements and	188
concerns these political subdivisions have in their purchasing and	189
public improvement contracting procedures. The director shall	190
promulgate the model act by rule adopted pursuant to Chapter 119.	191
of the Revised Code and shall revise the act as necessary to	192
reflect changes in this chapter or section 153.012 of the Revised	193
Code.	194

The director shall make available copies of the model act,	195
supporting information, and technical assistance to any township,	196
county, or municipal corporation wishing to incorporate the	197
provisions of the act into its purchasing or public improvement	198
contracting procedure.	199

Sec. 127.12.  There is hereby created a controlling board	200
consisting of theall of the following:	201

(A) The director of budget and management or an employee of	202
the office of budget and management designated by the director,	203
the chairman;	204

(B) The chairperson or vice-chairperson of the	205
finance-appropriations committee of the house of representatives,	206
the chairmanas designated by the speaker;	207

(C) The chairperson or vice-chairperson of the finance	208
committee of the senate, twoas designated by the president;	209

(D) Two members of the house of representatives appointed by	210
the speaker, one from the majority party and one from the minority	211
party, and two;	212

(E) Two members of the senate appointed by the president, one	213
from the majority party and one from the minority party.	214

Notwithstanding section 101.26 of the Revised Code, the	215
legislative members, when engaged in their duties as members of	216
the controlling board, shall be paid at the per diem rate of one	217
hundred fifty dollars, and their necessary traveling expenses,	218
which shall be paid from the funds appropriated for the payment of	219
expenses of legislative committees.	220

In the event of the absence, illness, disability, death, or	221
resignation of a legislative member, the following persons may	222
serve in histhe member's absence: for the chairmanchairperson or	223
vice-chairperson of the finance-appropriations committee of the	224
house of representatives, the speaker of the house or a member of	225
the house designated by himthe speaker; for the chairman	226
chairperson or vice-chairperson of the senate finance committee,	227
the president of the senate or a member of the senate designated	228
by himthe president; for a member of the board appointed by the	229
speaker of the house of representatives, or the president of the	230
senate, the speaker or the president, as the case may be, or a	231
member of the house of representatives or of the senate of the	232
same party as such controlling board member, designated by such	233
speaker or president.	234

As used in any statute, "controlling board," unless the	235
context otherwise requires, means the controlling board created by	236
this section.	237

Sec. 164.04.  (A) In each of the districts created in section	238
164.03 of the Revised Code, a district public works integrating	239
committee shall be established as follows:	240

(1) In district one, the district committee shall consist of	241
seven members appointed as follows: two members shall be appointed	242
by the board of county commissioners or the chief executive	243
officer of the county; two members shall be appointed by the chief	244
executive officer of the most populous municipal corporation in	245
the district; two members shall be appointed by a majority of the	246
chief executive officers of the other municipal corporations	247
located within the district; and one member, who shall have	248
experience in local infrastructure planning and economic	249
development and who shall represent the interests of private	250
industry within the district, shall be appointed by a majority of	251
the members of the district committee or their alternates. Except	252
with respect to the selection of the private sector member of the	253
committee, the affirmative vote of at least five committee members	254
or their alternates is required for any action taken by a vote of	255
the committee.	256

(2) In district two, the district committee shall consist of	257
nine members appointed as follows: two members shall be appointed	258
by the board of county commissioners; three members shall be	259
appointed by the chief executive officer of the most populous	260
municipal corporation in the district; two members shall be	261
appointed by a majority of the other chief executive officers of	262
municipal corporations in the district; and two members shall be	263
appointed by a majority of the boards of township trustees in the	264
district. Of the members appointed by the board of county	265
commissioners, one member shall have experience in local	266
infrastructure planning and economic development, and one member	267
shall be either a county commissioner or a county engineer of the	268
district. The affirmative vote of at least seven members of the	269
committee or their alternates is required for any action taken by	270
a vote of the committee.	271

(3) In districts three, four, eight, twelve, and nineteen,	272
the district committee shall consist of nine members appointed as	273
follows: two members shall be appointed by the board of county	274
commissioners or by the chief executive officer of the county; two	275
members shall be appointed by the chief executive officer of the	276
most populous municipal corporation located within the district;	277
two members shall be appointed by a majority of the other chief	278
executive officers of the municipal corporations located in the	279
district; two members shall be appointed by a majority of the	280
boards of township trustees located in the district; and one	281
member, who shall have experience in local infrastructure planning	282
and economic development and who shall represent the interests of	283
private industry within the district, shall be appointed by a	284
majority of the members of the committee or their alternates.	285
Except with respect to the selection of the private sector member	286
of the committee, the affirmative vote of at least seven committee	287
members or their alternates is required for any action taken by a	288
vote of the committee.	289

(4) In district six, the district committee shall consist of	290
nine members appointed as follows: one member shall be appointed	291
by the board of county commissioners of each county in the	292
district; one member shall be appointed by the chief executive	293
officer of the most populous municipal corporation in each county	294
in the district; one member shall be appointed alternately by a	295
majority of the chief executives of the municipal corporations,	296
other than the largest municipal corporation, within one of the	297
counties of the district; and one member shall be appointed	298
alternately by a majority of the boards of township trustees	299
within one of the counties in the district. The two persons who	300
are the county engineers of the counties in the district also	301
shall be members of the committee. At least six of these members	302
or their alternates shall agree upon the appointment to the	303
committee of a private sector person who shall have experience in	304
local infrastructure planning and economic development. The	305
affirmative vote of seven committee members or their alternates is	306
required for any action taken by a vote of the committee.	307

The first appointment to the committee made by the majority	308
of the boards of township trustees of a county shall be made by	309
the boards of township trustees located in the least populous	310
county of the district, and the first appointment made by the	311
majority of the chief executives of municipal corporations, other	312
than the largest municipal corporation, of a county shall be made	313
by the chief executives of municipal corporations, other than the	314
largest municipal corporation, from the most populous county in	315
the district.	316

Notwithstanding division (C) of this section, the members of	317
the district committee appointed alternately by a majority of the	318
chief executive officers of municipal corporations, other than the	319
largest municipal corporation, of a county and a majority of	320
boards of township trustees of a county shall serve five-year	321
terms.	322

(5) In districts seven, nine, and ten, the district committee	323
shall consist of two members appointed by the board of county	324
commissioners of each county in the district, two members	325
appointed by a majority of the chief executive officers of all	326
cities within each county in the district, three members appointed	327
by a majority of the boards of township trustees of all townships	328
in the district, three members appointed by a majority of chief	329
executive officers of all villages in the district, one member who	330
is appointed by a majority of the county engineers in the district	331
and who shall be a county engineer, and one member, who shall have	332
experience in local infrastructure planning and economic	333
development, shall be appointed by a majority of all other	334
committee members or their alternates. If there is a county in the	335
district in which there are no cities, the member that is to be	336
appointed by the chief executive officers of the cities within	337
that county shall be appointed by the chief executive officer of	338
the village with the largest population in that county.	339

(6) In districts five, eleven, and thirteen through eighteen,	340
the members of each district committee shall be appointed as	341
follows: one member shall be appointed by each board of county	342
commissioners; one member shall be appointed by the majority of	343
the chief executive officers of the cities located in each county;	344
three members shall be appointed by a majority of the chief	345
executive officers of villages located within the district; three	346
members shall be appointed by a majority of the boards of township	347
trustees located within the district; one member shall be	348
appointed by a majority of the county engineers of the district	349
and shall be a county engineer; and one member, who shall have	350
experience in local infrastructure planning and economic	351
development and who shall represent the interests of private	352
industry within the district, shall be appointed by a majority of	353
the members of the committee or their alternates. If there is a	354
county in the district in which there are no cities, the member	355
that is to be appointed by the chief executive officers of the	356
cities within that county shall be appointed by the chief	357
executive officer of the village with the largest population in	358
that county.	359

(7) In districts five, seven, nine, ten, eleven, thirteen,	360
fourteen, sixteen, and seventeen organized in accordance with	361
divisions (A)(5) and (6) of this section, a nine-member executive	362
committee shall be established that shall include at least one of	363
the persons appointed to the district committee by the chief	364
executive officers of the villages within the district, at least	365
one of the persons appointed to the district committee by the	366
boards of township trustees within the district, the person	367
appointed to the district committee to represent the interests of	368
private industry, and six additional district committee members	369
selected to serve on the executive committee by a majority of the	370
members of the district committee or their alternates, except that	371
not more than three persons who were appointed to the district	372
committee by a board of county commissioners and not more than	373
three persons who were appointed to the district committee by the	374
chief executives of the cities located in the district shall serve	375
on the executive committee.	376

(8) In districts fifteen and eighteen organized in accordance	377
with division (A)(6) of this section, an eleven-member executive	378
committee shall be established that shall include at least one of	379
the persons appointed to the district committee by the chief	380
executive officers of the villages within the district, at least	381
one of the persons appointed to the district committee by the	382
boards of township trustees within the district, the person	383
appointed to the district committee to represent the interests of	384
private industry, and eight additional district committee members	385
selected to serve on the executive committee by a majority of the	386
members of the district committee or their alternates, except that	387
not more than four persons who were appointed to the district	388
committee by a board of county commissioners and not more than	389
four persons who were appointed to the district committee by the	390
chief executives of the cities located in the district shall serve	391
on the executive committee. No more than two persons from each	392
county shall be on the executive committee.	393

All decisions of a district committee required to be	394
organized in accordance with divisions (A)(5) and (6) of this	395
section shall be approved by its executive committee. The	396
affirmative vote of at least seven executive committee members or	397
their alternates for executive committees formed under division	398
(A)(7) of this section and at least nine members or their	399
alternates for executive committees formed under division (A)(8)	400
of this section is required for any action taken by vote of the	401
executive committee, except that any decision of the executive	402
committee may be rejected by a vote of at least two-thirds of the	403
full membership of the district committee within thirty days of	404
the executive committee action. Only projects approved by the	405
executive committee may be submitted to the director of the Ohio	406
public works commission pursuant to section 164.05 of the Revised	407
Code.	408

(B) Appointing authorities that appoint district committee	409
members also may appoint an alternate for each committee member	410
appointed under divisions (A)(1) to (6) of this section. If a	411
district committee member is absent from a district or executive	412
committee or subcommittee meeting, the alternate has the right to	413
vote and participate in all proceedings and actions at that	414
meeting.	415

(C) Terms of office for members of district committees and	416
their alternates shall be for three years, with each term ending	417
on the same day of the same month as did the term that it	418
succeeds. Each member and that member's alternate shall hold	419
office from the date of appointment until the end of the term for	420
which the member is appointed, except that, with respect to any	421
member who was an elected or appointed official of a township,	422
county, or municipal corporation or that member's alternate, the	423
term of office for that person under this section shall not extend	424
beyond the member's term as an elected or appointed official	425
unless the member was appointed by a group of officials of more	426
than one political subdivision or the members of the district	427
committee, in which case the member's alternate shall continue to	428
serve for the full term. Members and their alternates may be	429
reappointed. Vacancies shall be filled in the same manner provided	430
for original appointments. Any member or that member's alternate	431
appointed to fill a vacancy occurring prior to the expiration date	432
of the term for which the member's or alternate's predecessor was	433
appointed shall hold office for the remainder of that term. A	434
member or that member's alternate shall continue in office	435
subsequent to the expiration date of the member's or alternate's	436
term until the member's or alternate's successor takes office or	437
until a period of sixty days has elapsed, whichever occurs first.	438
Each district public works integrating committee shall elect a	439
chairperson, vice-chairperson, and other officers it considers	440
advisable.	441

(D) For purposes of this chapter, if a subdivision is located	442
in more than one county or in more than one district, the	443
subdivision shall be deemed to be a part of the county or district	444
in which the largest number of its population is located. However,	445
if after a decennial census the change in a subdivision's	446
population would result in the subdivision becoming part of a	447
different county or district, the legislative authority of the	448
subdivision may, by resolution, choose to remain a part of the	449
county or district of which the subdivision was originally deemed	450
to be a part. Such a decision is not revocable unless similar	451
conditions arise following the next decennial census.	452

(E) Notwithstanding any provision of law to the contrary, a	453
county, municipal, or township public official may serve as a	454
member of a district public works integrating committee.	455

(F) A member of a district committee or that member's	456
alternate does not have an unlawful interest in a public contract	457
under section 2921.42 of the Revised Code solely by virtue of the	458
receipt of financial assistance under this chapter by the local	459
subdivision of which the member or that member's alternate is also	460
a public official or appointee.	461

Sec. 164.08.  (A) Except as provided in sections 151.01 and	462
151.08 or section 164.09 of the Revised Code, the net proceeds of	463
obligations issued and sold by the treasurer of state pursuant to	464
section 164.09 of the Revised Code before September 30, 2000, or	465
pursuant to sections 151.01 and 151.08 of the Revised Code, for	466
the purpose of financing or assisting in the financing of the cost	467
of public infrastructure capital improvement projects of local	468
subdivisions, as provided for in Section 2k, 2m, or 2p of Article	469
VIII, Ohio Constitution, and this chapter, shall be paid into the	470
state capital improvements fund, which is hereby created in the	471
state treasury. Investment earnings on moneys in the fund shall be	472
credited to the fund.	473

(B) EachBeginning July 1, 2011, each program year the amount	474
of obligations authorized by the general assembly in accordance	475
with sections 151.01 and 151.08 or section 164.09 of the Revised	476
Code, excluding the proceeds of refunding or renewal obligations,	477
shall be allocated by the director of the Ohio public works	478
commission as follows:	479

(1) First, twelvefifteen million dollars of the amount of	480
obligations authorized shall be allocated to provide financial	481
assistance to villages and to townships with populations in the	482
unincorporated areas of the township of less than five thousand	483
persons, for capital improvements in accordance with section	484
164.051 and division (D) of section 164.06 of the Revised Code. As	485
used in division (B)(1) of this section, "capital improvements"	486
includes resurfacing and improving roads.	487

(2) Following the allocation required by division (B)(1) of	488
this section, the director may allocate twothree million five	489
hundred thousand dollars of the authorized obligations to provide	490
financial assistance to local subdivisions for capital improvement	491
projects which in the judgment of the director of the Ohio public	492
works commission are necessary for the immediate preservation of	493
the health, safety, and welfare of the citizens of the local	494
subdivision requesting assistance.	495

(3) For the second, third, fourth, and fifth years that	496
obligations are authorized and are available for allocation under	497
this chapter, one million dollars shall be allocated to the sewer	498
and water fund created in section 1525.11 of the Revised Code.	499
Money from this allocation shall be transferred to that fund when	500
needed to support specific payments from that fund.	501

(4) For program years twelve and fourteen that obligations	502
are authorized and available for allocation under this chapter,	503
two million dollars each program year shall be allocated to the	504
small county capital improvement program for use in providing	505
financial assistance under division (F) of section 164.02 of the	506
Revised Code.	507

(5) After the allocation required by division (B)(3) of this	508
section is made, the director shall determine the amount of the	509
remaining obligations authorized to be issued and sold that each	510
county would receive if such amounts were allocated on a per	511
capita basis each year. If a county's per capita share for the	512
year would be less than three hundred thousand dollars, the	513
director shall allocate to the district in which that county is	514
located an amount equal to the difference between three hundred	515
thousand dollars and the county's per capita share.	516

(6) After making the allocation required by division (B)(5)	517
of this section, the director shall allocate the remaining amount	518
to each district on a per capita basis.	519

(C)(1) There is hereby created in the state treasury the	520
state capital improvements revolving loan fund, into which shall	521
be deposited all repayments of loans made to local subdivisions	522
for capital improvements pursuant to this chapter. Investment	523
earnings on moneys in the fund shall be credited to the fund.	524

(2) There may also be deposited in the state capital	525
improvements revolving loan fund moneys obtained from federal or	526
private grants, or from other sources, which are to be used for	527
any of the purposes authorized by this chapter. Such moneys shall	528
be allocated each year in accordance with division (B)(6) of this	529
section.	530

(3) Moneys deposited into the state capital improvements	531
revolving loan fund shall be used to make loans for the purpose of	532
financing or assisting in the financing of the cost of capital	533
improvement projects of local subdivisions.	534

(4) Investment earnings credited to the state capital	535
improvements revolving loan fund that exceed the amounts required	536
to meet estimated federal arbitrage rebate requirements shall be	537
used to pay costs incurred by the public works commission in	538
administering this section. Investment earnings credited to the	539
state capital improvements revolving loan fund that exceed the	540
amounts required to pay for the administrative costs and estimated	541
rebate requirements shall be allocated to each district on a per	542
capita basis.	543

(5) Each program year, loan repayments received and on	544
deposit in the state capital improvements revolving loan fund	545
shall be allocated as follows:	546

(a) Each district public works integrating committee shall be	547
allocated an amount equal to the sum of all loan repayments made	548
to the state capital improvements revolving loan fund by local	549
subdivisions that are part of the district. Moneys not used in a	550
program year may be used in the next program year in the same	551
manner and for the same purpose as originally allocated.	552

(b) Loan repayments made pursuant to projects approved under	553
division (B)(1) of this section shall be used to make loans in	554
accordance with section 164.051 and division (D) of section 164.06	555
of the Revised Code. Allocations for this purpose made pursuant to	556
division (C)(5) of this section shall be in addition to the	557
allocation provided in division (B)(1) of this section.	558

(c) Loan repayments made pursuant to projects approved under	559
division (B)(2) of this section shall be used to make loans in	560
accordance with division (B)(2) of this section. Allocations for	561
this purpose made pursuant to division (C)(5) of this section	562
shall be in addition to the allocation provided in division (B)(2)	563
of this section.	564

(d) Loans made from the state capital improvements revolving	565
loan fund shall not be limited in their usage by divisions (E),	566
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	567

(D) Investment earnings credited to the state capital	568
improvements fund that exceed the amounts required to meet	569
estimated federal arbitrage rebate requirements shall be used to	570
pay costs incurred by the public works commission in administering	571
sections 164.01 to 164.12 of the Revised Code.	572

(E) The director of the Ohio public works commission shall	573
notify the director of budget and management of the amounts	574
allocated pursuant to this section and such information shall be	575
entered into the state accounting system. The director of budget	576
and management shall establish appropriation line items as needed	577
to track these allocations.	578

(F) If the amount of a district's allocation in a program	579
year exceeds the amount of financial assistance approved for the	580
district by the commission for that year, the remaining portion of	581
the district's allocation shall be added to the district's	582
allocation pursuant to division (B) of this section for the next	583
succeeding year for use in the same manner and for the same	584
purposes as it was originally allocated, except that any portion	585
of a district's allocation which was available for use on new or	586
expanded infrastructure pursuant to division (H) of section 164.05	587
of the Revised Code shall be available in succeeding years only	588
for the repair and replacement of existing infrastructure.	589

(G) When an allocation based on population is made by the	590
director pursuant to division (B) of this section, the director	591
shall use the most recent decennial census statistics, and shall	592
not make any reallocations based upon a change in a district's	593
population.	594

Sec. 306.35.  Upon the creation of a regional transit	595
authority as provided by section 306.32 of the Revised Code, and	596
upon the qualifying of its board of trustees and the election of a	597
president and a vice-president, the authority shall exercise in	598
its own name all the rights, powers, and duties vested in and	599
conferred upon it by sections 306.30 to 306.53 of the Revised	600
Code. Subject to any reservations, limitations, and qualifications	601
that are set forth in those sections, the regional transit	602
authority:	603

(A) May sue or be sued in its corporate name;

604

(B) May make contracts in the exercise of the rights, powers,	605
and duties conferred upon it;	606

(C) May adopt and at will alter a seal and use such seal by	607
causing it to be impressed, affixed, reproduced, or otherwise	608
used, but failure to affix the seal shall not affect the validity	609
of any instrument;	610

(D)(1) May adopt, amend, and repeal bylaws for the	611
administration of its affairs and rules for the control of the	612
administration and operation of transit facilities under its	613
jurisdiction, and for the exercise of all of its rights of	614
ownership in those transit facilities;	615

(2) The regional transit authority also may adopt bylaws and	616
rules for the following purposes:	617

(a) To prohibit selling, giving away, or using any beer or	618
intoxicating liquor on transit vehicles or transit property;	619

(b) For the preservation of good order within or on transit	620
vehicles or transit property;	621

(c) To provide for the protection and preservation of all	622
property and life within or on transit vehicles or transit	623
property;	624

(d) To regulate and enforce the collection of fares.

625

(3) Before a bylaw or rule adopted under division (D)(2) of	626
this section takes effect, the regional transit authority shall	627
provide for a notice of its adoption to be published once a week	628
for two consecutive weeks in a newspaper of general circulation	629
within the territorial boundaries of the regional transit	630
authority.	631

(4) No person shall violate any bylaw or rule of a regional	632
transit authority adopted under division (D)(2) of this section.	633

(E) May fix, alter, and collect fares, rates, and rentals and	634
other charges for the use of transit facilities under its	635
jurisdiction to be determined exclusively by it for the purpose of	636
providing for the payment of the expenses of the regional transit	637
authority, the acquisition, construction, improvement, extension,	638
repair, maintenance, and operation of transit facilities under its	639
jurisdiction, the payment of principal and interest on its	640
obligations, and to fulfill the terms of any agreements made with	641
purchasers or holders of any such obligations, or with any person	642
or political subdivision;	643

(F) Shall have jurisdiction, control, possession, and	644
supervision of all property, rights, easements, licenses, moneys,	645
contracts, accounts, liens, books, records, maps, or other	646
property rights and interests conveyed, delivered, transferred, or	647
assigned to it;	648

(G) May acquire, construct, improve, extend, repair, lease,	649
operate, maintain, or manage transit facilities within or without	650
its territorial boundaries, considered necessary to accomplish the	651
purposes of its organization and make charges for the use of	652
transit facilities, except that a regional transit authority shall	653
not acquire, construct, improve, extend, repair, lease, operate,	654
maintain, or manage transit facilities outside its territorial	655
boundaries until it has provided written notice of its proposed	656
action to the board of county commissioners of each county, the	657
legislative authority of each municipal corporation, and the board	658
of township trustees of each township within whose territory the	659
action of the regional transit authority is proposed and has	660
received from each affected local government a resolution or	661
ordinance, as applicable, approving the proposed activity;	662

(H) May levy and collect taxes as provided in sections 306.40	663
and 306.49 of the Revised Code;	664

(I) May issue bonds secured by its general credit as provided	665
in section 306.40 of the Revised Code;	666

(J) May hold, encumber, control, acquire by donation, by	667
purchase for cash or by installment payments, by lease-purchase	668
agreement, by lease with option to purchase, or by condemnation,	669
and may construct, own, lease as lessee or lessor, use, and sell,	670
real and personal property, or any interest or right in real and	671
personal property, within or without its territorial boundaries,	672
for the location or protection of transit facilities and	673
improvements and access to transit facilities and improvements,	674
the relocation of buildings, structures, and improvements situated	675
on lands acquired by the regional transit authority, or for any	676
other necessary purpose, or for obtaining or storing materials to	677
be used in constructing, maintaining, and improving transit	678
facilities under its jurisdiction;	679

(K) May exercise the power of eminent domain to acquire	680
property or any interest in property, within or without its	681
territorial boundaries, that is necessary or proper for the	682
construction or efficient operation of any transit facility or	683
access to any transit facility under its jurisdiction in	684
accordance with section 306.36 of the Revised Code;	685

(L) May provide by agreement with any county, including the	686
counties within its territorial boundaries, or any municipal	687
corporation or any combination of counties or municipal	688
corporations for the making of necessary surveys, appraisals, and	689
examinations preliminary to the acquisition or construction of any	690
transit facility and the amount of the expense for the surveys,	691
appraisals, and examinations to be paid by each such county or	692
municipal corporation;	693

(M) May provide by agreement with any county, including the	694
counties within its territorial boundaries, or any municipal	695
corporation or any combination of those counties or municipal	696
corporations for the acquisition, construction, improvement,	697
extension, maintenance, or operation of any transit facility owned	698
or to be owned and operated by it or owned or to be owned and	699
operated by any such county or municipal corporation and the terms	700
on which it shall be acquired, leased, constructed, maintained, or	701
operated, and the amount of the cost and expense of the	702
acquisition, lease, construction, maintenance, or operation to be	703
paid by each such county or municipal corporation;	704

(N) May issue revenue bonds for the purpose of acquiring,	705
replacing, improving, extending, enlarging, or constructing any	706
facility or permanent improvement that it is authorized to	707
acquire, replace, improve, extend, enlarge, or construct,	708
including all costs in connection with and incidental to the	709
acquisition, replacement, improvement, extension, enlargement, or	710
construction, and their financing, as provided by section 306.37	711
of the Revised Code;	712

(O) May enter into and supervise franchise agreements for the	713
operation of a transit system;	714

(P) May accept the assignment of and supervise an existing	715
franchise agreement for the operation of a transit system;	716

(Q) May exercise a right to purchase a transit system in	717
accordance with the acquisition terms of an existing franchise	718
agreement; and in connection with the purchase the regional	719
transit authority may issue revenue bonds as provided by section	720
306.37 of the Revised Code or issue bonds secured by its general	721
credit as provided in section 306.40 of the Revised Code;	722

(R) May apply for and accept grants or loans from the United	723
States, the state, or any other public body for the purpose of	724
providing for the development or improvement of transit	725
facilities, mass transportation facilities, equipment, techniques,	726
methods, or services, and grants or loans needed to exercise a	727
right to purchase a transit system pursuant to agreement with the	728
owner of those transit facilities, or for providing lawful	729
financial assistance to existing transit systems; and may provide	730
any consideration that may be required in order to obtain those	731
grants or loans from the United States, the state, or other public	732
body, either of which grants or loans may be evidenced by the	733
issuance of revenue bonds as provided by section 306.37 of the	734
Revised Code or general obligation bonds as provided by section	735
306.40 of the Revised Code;	736

(S) May employ and fix the compensation of consulting	737
engineers, superintendents, managers, and such other engineering,	738
construction, accounting and financial experts, attorneys, and	739
other employees and agents necessary for the accomplishment of its	740
purposes;	741

(T) May procure insurance against loss to it by reason of	742
damages to its properties resulting from fire, theft, accident, or	743
other casualties or by reason of its liability for any damages to	744
persons or property occurring in the construction or operation of	745
transit facilities under its jurisdiction or the conduct of its	746
activities;	747

(U) May maintain funds that it considers necessary for the	748
efficient performance of its duties;	749

(V) May direct its agents or employees, when properly	750
identified in writing, after at least five days' written notice,	751
to enter upon lands within or without its territorial boundaries	752
in order to make surveys and examinations preliminary to the	753
location and construction of transit facilities, without liability	754
to it or its agents or employees except for actual damage done;	755

(W) On its own motion, may request the appropriate zoning	756
board, as defined in section 4563.03 of the Revised Code, to	757
establish and enforce zoning regulations pertaining to any transit	758
facility under its jurisdiction in the manner prescribed by	759
sections 4563.01 to 4563.21 of the Revised Code;	760

(X) If it acquires any existing transit system, shall assume	761
all the employer's obligations under any existing labor contract	762
between the employees and management of the system. If the board	763
acquires, constructs, controls, or operates any such facilities,	764
it shall negotiate arrangements to protect the interests of	765
employees affected by the acquisition, construction, control, or	766
operation. The arrangements shall include, but are not limited to:	767

(1) The preservation of rights, privileges, and benefits	768
under existing collective bargaining agreements or otherwise, the	769
preservation of rights and benefits under any existing pension	770
plans covering prior service, and continued participation in	771
social security in addition to participation in the public	772
employees retirement system as required in Chapter 145. of the	773
Revised Code;	774

(2) The continuation of collective bargaining rights;

775

(3) The protection of individual employees against a	776
worsening of their positions with respect to their employment;	777

(4) Assurances of employment to employees of those transit	778
systems and priority reemployment of employees terminated or laid	779
off;	780

(5) Paid training or retraining programs;

781

(6) Signed written labor agreements.

782

The arrangements may include provisions for the submission of	783
labor disputes to final and binding arbitration.	784

(Y) May provide for and maintain security operations,	785
including a transit police department, subject to section 306.352	786
of the Revised Code. Regional transit authority police officers	787
shall have the power and duty to act as peace officers within	788
transit facilities owned, operated, or leased by the transit	789
authority to protect the transit authority's property and the	790
person and property of passengers, to preserve the peace, and to	791
enforce all laws of the state and ordinances and regulations of	792
political subdivisions in which the transit authority operates.	793
Regional transit authority police officers also shall have the	794
power and duty to act as peace officers when they render emergency	795
assistance outside their jurisdiction to any other peace officer	796
who is not a regional transit authority police officer and who has	797
arrest authority under section 2935.03 of the Revised Code.	798
Regional transit authority police officers may render emergency	799
assistance if there is a threat of imminent physical danger to the	800
peace officer, a threat of physical harm to another person, or any	801
other serious emergency situation and if either the peace officer	802
who is assisted requests emergency assistance or it appears that	803
the peace officer who is assisted is unable to request emergency	804
assistance and the circumstances observed by the regional transit	805
authority police officer reasonably indicate that emergency	806
assistance is appropriate.	807

Before exercising powers of arrest and the other powers and	808
duties of a peace officer, each regional transit authority police	809
officer shall take an oath and give bond to the state in a sum	810
that the board of trustees prescribes for the proper performance	811
of the officer's duties.	812

Persons employed as regional transit authority police	813
officers shall complete training for the position to which they	814
have been appointed as required by the Ohio peace officer training	815
commission as authorized in section 109.77 of the Revised Code, or	816
be otherwise qualified. The cost of the training shall be provided	817
by the regional transit authority.	818

(Z) May procure a policy or policies insuring members of its	819
board of trustees against liability on account of damages or	820
injury to persons and property resulting from any act or omission	821
of a member in the member's official capacity as a member of the	822
board or resulting solely out of the member's membership on the	823
board;	824

(AA) May enter into any agreement for the sale and leaseback	825
or lease and leaseback of transit facilities, which agreement may	826
contain all necessary covenants for the security and protection of	827
any lessor or the regional transit authority including, but not	828
limited to, indemnification of the lessor against the loss of	829
anticipated tax benefits arising from acts, omissions, or	830
misrepresentations of the regional transit authority. In	831
connection with that transaction, the regional transit authority	832
may contract for insurance and letters of credit and pay any	833
premiums or other charges for the insurance and letters of credit.	834
The fiscal officer shall not be required to furnish any	835
certificate under section 5705.41 of the Revised Code in	836
connection with the execution of any such agreement.	837

(BB) In regard to any contract entered into on or after March	838
19, 1993, for the rendering of services or the supplying of	839
materials or for the construction, demolition, alteration, repair,	840
or reconstruction of transit facilities in which a bond is	841
required for the faithful performance of the contract, may permit	842
the person awarded the contract to utilize a letter of credit	843
issued by a bank or other financial institution in lieu of the	844
bond;	845

(CC) May enter into agreements with municipal corporations	846
located within the territorial jurisdiction of the regional	847
transit authority permitting regional transit authority police	848
officers employed under division (Y) of this section to exercise	849
full arrest powers, as provided in section 2935.03 of the Revised	850
Code, for the purpose of preserving the peace and enforcing all	851
laws of the state and ordinances and regulations of the municipal	852
corporation within the areas that may be agreed to by the regional	853
transit authority and the municipal corporation.	854

Sec. 4163.07.  (A)(1) Prior to transporting any high-level	855
radioactive waste, spent nuclear fuel, transuranic waste, or any	856
quantity of special nuclear material or by-product material that	857
meets or exceeds the highway route controlled quantity, within,	858
into, or through the state, the carrier or shipper of the material	859
shall notify the executive director of the emergency management	860
agency established under section 5502.22 of the Revised Code of	861
the shipment. The notice shall be in writing and be sent by	862
certified mail and shall include the name of the shipper; the name	863
of the carrier; the type and quantity of the material; the	864
transportation mode of the shipment; the proposed date and time of	865
shipment of the material within, into, or through the state; and	866
the starting point, termination or exit point, scheduled route,	867
and each alternate route, if any, of the shipment. In order to	868
constitute effective notification under division (A)(1) of this	869
section, notification shall be received by the executive director	870
at least four days prior to shipment within, into, or through the	871
state.	872

(2) The carrier or shipper of any shipment subject to	873
division (A)(1) of this section shall immediately notify the	874
executive director of any change in the date and time of the	875
shipment or in the route of the shipment within, into, or through	876
the state.	877

(B) Upon receipt of a notice of any shipment of material that	878
is subject to division (A)(1) of this section within, into, or	879
through the state, the executive director of the emergency	880
management agency shall immediately notify the director of public	881
safety, the director of environmental protection, the director of	882
health, the chairperson of the public utilities commission, and	883
the county emergency management agency and sheriff of each county	884
along the proposed route, or any alternate route, of the shipment.	885

(C) The executive director of the emergency management agency	886
shall not disclose to any person other than those persons	887
enumerated in division (B) of this section any information	888
pertaining to any shipment of special nuclear material or	889
by-product material prior to the time that the shipment is	890
completed.	891

(D) This section does not apply to radioactive materials,	892
other than by-products, shipped by or for the United States	893
department of defense and United States department of energy for	894
military or national defense purposes. Nothing in this section	895
requires the disclosure of any defense information or restricted	896
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919,	897
42 U.S.C. 2011, as amended.	898

(E) No person shall transport or cause to be transported	899
within, into, or through the state any material that is subject to	900
division (A)(1) of this section without first providing the notice	901
required in that division.	902

(F) Whoever violates division (E) of this section, in	903
addition to any penalty imposed under section 4163.99 of the	904
Revised Code, is liable for a civil penalty in an amount not to	905
exceed ten times the amount of the fee due under section 4905.801	906
of the Revised Code. Thethe following, as applicable:	907

(1) Twenty-five thousand dollars for a motor carrier;

908

(2) Forty-five thousand dollars for the first cask designated	909
for transport by rail and thirty thousand dollars for each	910
additional cask designated for transport by rail that is shipped	911
by the same person or entity in the same shipment.	912

The attorney general, upon the request of the executive	913
director of the emergency management agency, shall bring a civil	914
action to collect the penalty. Fines collected pursuant to this	915
section shall be deposited into the state treasury to the credit	916
of the radioactive waste transportation fund created in section	917
4905.8024905.801 of the Revised Code.	918

Sec. 4301.62.  (A) As used in this section:

919

(1) "Chauffeured limousine" means a vehicle registered under	920
section 4503.24 of the Revised Code.	921

(2) "Street," "highway," and "motor vehicle" have the same	922
meanings as in section 4511.01 of the Revised Code.	923

(B) No person shall have in the person's possession an opened	924
container of beer or intoxicating liquor in any of the following	925
circumstances:	926

(1) In a state liquor store;

927

(2) Except as provided in division (C) of this section, on	928
the premises of the holder of any permit issued by the division of	929
liquor control;	930

(3) In any other public place;

931

(4) Except as provided in division (D) or (E) of this	932
section, while operating or being a passenger in or on a motor	933
vehicle on any street, highway, or other public or private	934
property open to the public for purposes of vehicular travel or	935
parking;	936

(5) Except as provided in division (D) or (E) of this	937
section, while being in or on a stationary motor vehicle on any	938
street, highway, or other public or private property open to the	939
public for purposes of vehicular travel or parking.	940

(C)(1) A person may have in the person's possession an opened	941
container of any of the following:	942

(a) Beer or intoxicating liquor that has been lawfully	943
purchased for consumption on the premises where bought from the	944
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	945
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	946
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	947
F-8 permit;	948

(b) Beer, wine, or mixed beverages served for consumption on	949
the premises by the holder of an F-3 permit or wine served for	950
consumption on the premises by the holder of an F-4 or F-6 permit;	951

(c) Beer or intoxicating liquor consumed on the premises of a	952
convention facility as provided in section 4303.201 of the Revised	953
Code;	954

(d) Beer or intoxicating liquor to be consumed during	955
tastings and samplings approved by rule of the liquor control	956
commission.	957

(2) A person may have in the person's possession on an F	958
liquor permit premises an opened container of beer or intoxicating	959
liquor that was not purchased from the holder of the F permit if	960
the premises for which the F permit is issued is a music festival	961
and the holder of the F permit grants permission for that	962
possession on the premises during the period for which the F	963
permit is issued. As used in this division, "music festival" means	964
a series of outdoor live musical performances, extending for a	965
period of at least three consecutive days and located on an area	966
of land of at least forty acres.	967

(3)(a) A person may have in the person's possession on a D-2	968
liquor permit premises an opened or unopened container of wine	969
that was not purchased from the holder of the D-2 permit if the	970
premises for which the D-2 permit is issued is an outdoor	971
performing arts center, the person is attending an orchestral	972
performance, and the holder of the D-2 permit grants permission	973
for the possession and consumption of wine in certain	974
predesignated areas of the premises during the period for which	975
the D-2 permit is issued.	976

(b) As used in division (C)(3)(a) of this section:

977

(i) "Orchestral performance" means a concert comprised of a	978
group of not fewer than forty musicians playing various musical	979
instruments.	980

(ii) "Outdoor performing arts center" means an outdoor	981
performing arts center that is located on not less than eightone	982
hundred fifty acres of land and that is open for performances from	983
the first day of April to the last day of October of each year.	984

(4) A person may have in the person's possession an opened or	985
unopened container of beer or intoxicating liquor at an outdoor	986
location at which the person is attending an orchestral	987
performance as defined in division (C)(3)(b)(i) of this section if	988
the person with supervision and control over the performance	989
grants permission for the possession and consumption of beer or	990
intoxicating liquor in certain predesignated areas of that outdoor	991
location.	992

(D) This section does not apply to a person who pays all or a	993
portion of the fee imposed for the use of a chauffeured limousine	994
pursuant to a prearranged contract, or the guest of the person,	995
when all of the following apply:	996

(1) The person or guest is a passenger in the limousine.

997

(2) The person or guest is located in the limousine, but is	998
not occupying a seat in the front compartment of the limousine	999
where the operator of the limousine is located.	1000

(3) The limousine is located on any street, highway, or other	1001
public or private property open to the public for purposes of	1002
vehicular travel or parking.	1003

(E) An opened bottle of wine that was purchased from the	1004
holder of a permit that authorizes the sale of wine for	1005
consumption on the premises where sold is not an opened container	1006
for the purposes of this section if both of the following apply:	1007

(1) The opened bottle of wine is securely resealed by the	1008
permit holder or an employee of the permit holder before the	1009
bottle is removed from the premises. The bottle shall be secured	1010
in such a manner that it is visibly apparent if the bottle has	1011
been subsequently opened or tampered with.	1012

(2) The opened bottle of wine that is resealed in accordance	1013
with division (E)(1) of this section is stored in the trunk of a	1014
motor vehicle or, if the motor vehicle does not have a trunk,	1015
behind the last upright seat or in an area not normally occupied	1016
by the driver or passengers and not easily accessible by the	1017
driver.	1018

Sec. 4501.02.  (A) There is hereby created in the department	1019
of public safety a bureau of motor vehicles, which shall be	1020
administered by a registrar of motor vehicles. The registrar shall	1021
be appointed by the director of public safety and shall serve at	1022
the director's pleasure.	1023

The registrar shall administer the laws of the state relative	1024
to the registration of and certificates of title for motor	1025
vehicles, and the licensing of motor vehicle dealers, motor	1026
vehicle leasing dealers, distributors, and salespersons, and of	1027
motor vehicle salvage dealers, salvage motor vehicle auctions, and	1028
salvage motor vehicle pools. The registrar also shall, in	1029
accordance with section 4503.61 of the Revised Code, take those	1030
steps necessary to enter this state into membership in the	1031
international registration plan and carry out the registrar's	1032
other duties under that section. The registrar, with the approval	1033
of the director of public safety, may do all of the following:	1034

(1) Adopt such forms and rules as are necessary to carry out	1035
all laws the registrar is required to administer;	1036

(2) Appoint such number of assistants, deputies, clerks,	1037
stenographers, and other employees as are necessary to carry out	1038
such laws;	1039

(3) Acquire or lease such facilities as are necessary to	1040
carry out the duties of the registrar's office;	1041

(4) Apply for, allocate, disburse, and account for grants	1042
made available under federal law or from other federal, state, or	1043
private sources;	1044

(5) Establish accounts in a bank or depository and deposit	1045
any funds collected by the registrar in those accounts to the	1046
credit of "state of Ohio, bureau of motor vehicles." Within three	1047
days after the deposit of funds in such an account, the registrar	1048
shall draw on that account in favor of the treasurer of state. The	1049
registrar may reserve funds against the draw to the treasurer of	1050
state to the extent reasonably necessary to ensure that the	1051
deposited items are not dishonored. The registrar may pay any	1052
service charge usually collected by the bank or depository.	1053

The registrar shall give a bond for the faithful performance	1054
of the registrar's duties in such amount and with such security as	1055
the director approves. When in the opinion of the director it is	1056
advisable, any deputy or other employee may be required to give	1057
bond in such amount and with such security as the director	1058
approves. In the discretion of the director, the bonds authorized	1059
to be taken on deputies or other employees may be individual,	1060
schedule, or blanket bonds.	1061

The director of public safety may investigate the activities	1062
of the bureau and have access to its records at any time, and the	1063
registrar shall make a report to the director at any time upon	1064
request.	1065

All laws relating to the licensing of motor vehicle dealers,	1066
motor vehicle leasing dealers, distributors, and salespersons, and	1067
of motor vehicle salvage dealers, salvage motor vehicle auctions,	1068
and salvage motor vehicle pools, designating and granting power to	1069
the registrar shall be liberally construed to the end that the	1070
practice or commission of fraud in the business of selling motor	1071
vehicles and of disposing of salvage motor vehicles may be	1072
prohibited and prevented.	1073

(B) There is hereby created in the department of public	1074
safety a division of emergency medical services, which shall be	1075
administered by an executive director of emergency medical	1076
services appointed under section 4765.03 of the Revised Code.	1077

Sec. 4501.06.  The taxes, fees, and fines levied, charged, or	1078
referred to in division (O) of section 4503.04, division (E) of	1079
section 4503.042, division (B) of section 4503.07, division (C)(1)	1080
of section 4503.10, division (D) of section 4503.182, division (A)	1081
of section 4503.19, division (D)(2) of section 4507.24, division	1082
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	1083
4505.111, 4506.08, 4506.09, 4507.23, 4508.05, 4923.12, and 5502.12	1084
of the Revised Code, and the taxes charged in section 4503.65 that	1085
are distributed in accordance with division (A)(2) of section	1086
4501.044 of the Revised Code unless otherwise designated by law,	1087
shall be deposited in the state treasury to the credit of the	1088
state highway safety fund, which is hereby created, and shall,	1089
after receipt of certifications from the commissioners of the	1090
sinking fund certifying, as required by sections 5528.15 and	1091
5528.35 of the Revised Code, that there are sufficient moneys to	1092
the credit of the highway improvement bond retirement fund created	1093
by section 5528.12 of the Revised Code to meet in full all	1094
payments of interest, principal, and charges for the retirement of	1095
bonds and other obligations issued pursuant to Section 2g of	1096
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	1097
of the Revised Code due and payable during the current calendar	1098
year, and that there are sufficient moneys to the credit of the	1099
highway obligations bond retirement fund created by section	1100
5528.32 of the Revised Code to meet in full all payments of	1101
interest, principal, and charges for the retirement of highway	1102
obligations issued pursuant to Section 2i of Article VIII, Ohio	1103
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	1104
due and payable during the current calendar year, be used for the	1105
purpose of enforcing and paying the expenses of administering the	1106
law relative to the registration and operation of motor vehicles	1107
on the public roads or highways. Amounts credited to the fund may	1108
also be used to pay the expenses of administering and enforcing	1109
the laws under which such fees were collected. All investment	1110
earnings of the state highway safety fund shall be credited to the	1111
fund.	1112

Sec. 4501.21.  (A) There is hereby created in the state	1113
treasury the license plate contribution fund. The fund shall	1114
consist of all contributions paid by motor vehicle registrants and	1115
collected by the registrar of motor vehicles pursuant to sections	1116
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	1117
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	1118
4503.523, 4503.531, 4503.545, 4503.55, 4503.551, 4503.552,	1119
4503.553, 4503.561, 4503.562, 4503.591, 4503.67, 4503.68, 4503.69,	1120
4503.71, 4503.711, 4503.712, 4503.72, 4503.73, 4503.74, 4503.75,	1121
4503.85, 4503.89, and 4503.92, and 4503.94 of the Revised Code.	1122

(B) The registrar shall pay the contributions the registrar	1123
collects in the fund as follows:	1124

The registrar shall pay the contributions received pursuant	1125
to section 4503.491 of the Revised Code to the breast cancer fund	1126
of Ohio, which shall use that money only to pay for programs that	1127
provide assistance and education to Ohio breast cancer patients	1128
and that improve access for such patients to quality health care	1129
and clinical trials and shall not use any of the money for	1130
abortion information, counseling, services, or other	1131
abortion-related activities.	1132

The registrar shall pay the contributions received pursuant	1133
to section 4503.493 of the Revised Code to the autism society of	1134
Ohio, which shall use the contributions for programs and autism	1135
awareness efforts throughout the state.	1136

The registrar shall pay the contributions the registrar	1137
receives pursuant to section 4503.494 of the Revised Code to the	1138
national multiple sclerosis society for distribution in equal	1139
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	1140
chapters of the national multiple sclerosis society. These	1141
chapters shall use the money they receive under this section to	1142
assist in paying the expenses they incur in providing services	1143
directly to their clients.	1144

The registrar shall pay the contributions the registrar	1145
receives pursuant to section 4503.496 of the Revised Code to the	1146
Ohio sickle cell and health association, which shall use the	1147
contributions to help support educational, clinical, and social	1148
support services for adults who have sickle cell disease.	1149

The registrar shall pay the contributions the registrar	1150
receives pursuant to section 4503.498 of the Revised Code to	1151
special olympics Ohio, inc., which shall use the contributions for	1152
its programs, charitable efforts, and other activities.	1153

The registrar shall pay the contributions the registrar	1154
receives pursuant to section 4503.499 of the Revised Code to the	1155
children's glioma cancer foundation, which shall use the	1156
contributions for its research and other programs.	1157

The registrar shall pay the contributions the registrar	1158
receives pursuant to section 4503.50 of the Revised Code to the	1159
future farmers of America foundation, which shall deposit the	1160
contributions into its general account to be used for educational	1161
and scholarship purposes of the future farmers of America	1162
foundation.	1163

The registrar shall pay the contributions the registrar	1164
receives pursuant to section 4503.501 of the Revised Code to the	1165
4-H youth development program of the Ohio state university	1166
extension program, which shall use those contributions to pay the	1167
expenses it incurs in conducting its educational activities.	1168

The registrar shall pay the contributions received pursuant	1169
to section 4503.502 of the Revised Code to the Ohio cattlemen's	1170
foundation, which shall use those contributions for scholarships	1171
and other educational activities.	1172

The registrar shall pay the contributions received pursuant	1173
to section 4503.505 of the Revised Code to the organization Ohio	1174
region phi theta kappa, which shall use those contributions for	1175
scholarships for students who are members of that organization.	1176

The registrar shall pay each contribution the registrar	1177
receives pursuant to section 4503.51 of the Revised Code to the	1178
university or college whose name or marking or design appears on	1179
collegiate license plates that are issued to a person under that	1180
section. A university or college that receives contributions from	1181
the fund shall deposit the contributions into its general	1182
scholarship fund.	1183

The registrar shall pay the contributions the registrar	1184
receives pursuant to section 4503.522 of the Revised Code to the	1185
"friends of Perry's victory and international peace memorial,	1186
incorporated," a nonprofit corporation organized under the laws of	1187
this state, to assist that organization in paying the expenses it	1188
incurs in sponsoring or holding charitable, educational, and	1189
cultural events at the monument.	1190

The registrar shall pay the contributions the registrar	1191
receives pursuant to section 4503.523 of the Revised Code to the	1192
fairport lights foundation, which shall use the money to pay for	1193
the restoration, maintenance, and preservation of the lighthouses	1194
of fairport harbor.	1195

The registrar shall pay the contributions the registrar	1196
receives pursuant to section 4503.531 of the Revised Code to the	1197
thank you foundation, incorporated, a nonprofit corporation	1198
organized under the laws of this state, to assist that	1199
organization in paying for the charitable activities and programs	1200
it sponsors in support of United States military personnel,	1201
veterans, and their families.	1202

The registrar shall pay the contributions the registrar	1203
receives pursuant to section 4503.55 of the Revised Code to the	1204
pro football hall of fame, which shall deposit the contributions	1205
into a special bank account that it establishes and which shall be	1206
separate and distinct from any other account the pro football hall	1207
of fame maintains, to be used exclusively for the purpose of	1208
promoting the pro football hall of fame as a travel destination.	1209

The registrar shall pay the contributions that are paid to	1210
the registrar pursuant to section 4503.545 of the Revised Code to	1211
the national rifle association foundation, which shall use the	1212
money to pay the costs of the educational activities and programs	1213
the foundation holds or sponsors in this state.	1214

The registrar shall pay to the Ohio pet fund the	1215
contributions the registrar receives pursuant to section 4503.551	1216
of the Revised Code and any other money from any other source,	1217
including donations, gifts, and grants, that is designated by the	1218
source to be paid to the Ohio pet fund. The Ohio pet fund shall	1219
use the moneys it receives under this section to support programs	1220
for the sterilization of dogs and cats and for educational	1221
programs concerning the proper veterinary care of those animals,	1222
and for expenses of the Ohio pet fund that are reasonably	1223
necessary for it to obtain and maintain its tax-exempt status and	1224
to perform its duties.	1225

The registrar shall pay the contributions the registrar	1226
receives pursuant to section 4503.552 of the Revised Code to the	1227
rock and roll hall of fame and museum, incorporated.	1228

The registrar shall pay the contributions the registrar	1229
receives pursuant to section 4503.553 of the Revised Code to the	1230
Ohio coalition for animals, incorporated, a nonprofit corporation.	1231
Except as provided in division (B) of this section, the coalition	1232
shall distribute the money to its members, and the members shall	1233
use the money only to pay for educational, charitable, and other	1234
programs of each coalition member that provide care for unwanted,	1235
abused, and neglected horses. The Ohio coalition for animals may	1236
use a portion of the money to pay for reasonable marketing costs	1237
incurred in the design and promotion of the license plate and for	1238
administrative costs incurred in the disbursement and management	1239
of funds received under this section.	1240

The registrar shall pay the contributions the registrar	1241
receives pursuant to section 4503.561 of the Revised Code to the	1242
state of Ohio chapter of ducks unlimited, inc., which shall	1243
deposit the contributions into a special bank account that it	1244
establishes. The special bank account shall be separate and	1245
distinct from any other account the state of Ohio chapter of ducks	1246
unlimited, inc., maintains and shall be used exclusively for the	1247
purpose of protecting, enhancing, restoring, and managing wetlands	1248
and conserving wildlife habitat. The state of Ohio chapter of	1249
ducks unlimited, inc., annually shall notify the registrar in	1250
writing of the name, address, and account to which such payments	1251
are to be made.	1252

The registrar shall pay the contributions the registrar	1253
receives pursuant to section 4503.562 of the Revised Code to the	1254
Mahoning river consortium, which shall use the money to pay the	1255
expenses it incurs in restoring and maintaining the Mahoning river	1256
watershed.	1257

The registrar shall pay to a sports commission created	1258
pursuant to section 4503.591 of the Revised Code each contribution	1259
the registrar receives under that section that an applicant pays	1260
to obtain license plates that bear the logo of a professional	1261
sports team located in the county of that sports commission and	1262
that is participating in the license plate program pursuant to	1263
division (E) of that section, irrespective of the county of	1264
residence of an applicant.	1265

The registrar shall pay to a community charity each	1266
contribution the registrar receives under section 4503.591 of the	1267
Revised Code that an applicant pays to obtain license plates that	1268
bear the logo of a professional sports team that is participating	1269
in the license plate program pursuant to division (G) of that	1270
section.	1271

The registrar shall pay the contributions the registrar	1272
receives pursuant to section 4503.67 of the Revised Code to the	1273
Dan Beard council of the boy scouts of America. The council shall	1274
distribute all contributions in an equitable manner throughout the	1275
state to regional councils of the boy scouts.	1276

The registrar shall pay the contributions the registrar	1277
receives pursuant to section 4503.68 of the Revised Code to the	1278
great river council of the girl scouts of the United States of	1279
America. The council shall distribute all contributions in an	1280
equitable manner throughout the state to regional councils of the	1281
girl scouts.	1282

The registrar shall pay the contributions the registrar	1283
receives pursuant to section 4503.69 of the Revised Code to the	1284
Dan Beard council of the boy scouts of America. The council shall	1285
distribute all contributions in an equitable manner throughout the	1286
state to regional councils of the boy scouts.	1287

The registrar shall pay the contributions the registrar	1288
receives pursuant to section 4503.71 of the Revised Code to the	1289
fraternal order of police of Ohio, incorporated, which shall	1290
deposit the fees into its general account to be used for purposes	1291
of the fraternal order of police of Ohio, incorporated.	1292

The registrar shall pay the contributions the registrar	1293
receives pursuant to section 4503.711 of the Revised Code to the	1294
fraternal order of police of Ohio, incorporated, which shall	1295
deposit the contributions into an account that it creates to be	1296
used for the purpose of advancing and protecting the law	1297
enforcement profession, promoting improved law enforcement	1298
methods, and teaching respect for law and order.	1299

The registrar shall pay the contributions received pursuant	1300
to section 4503.712 of the Revised Code to Ohio concerns of police	1301
survivors, which shall use those contributions to provide whatever	1302
assistance may be appropriate to the families of Ohio law	1303
enforcement officers who are killed in the line of duty.	1304

The registrar shall pay the contributions the registrar	1305
receives pursuant to section 4503.72 of the Revised Code to the	1306
organization known on March 31, 2003, as the Ohio CASA/GAL	1307
association, a private, nonprofit corporation organized under	1308
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	1309
shall use these contributions to pay the expenses it incurs in	1310
administering a program to secure the proper representation in the	1311
courts of this state of abused, neglected, and dependent children,	1312
and for the training and supervision of persons participating in	1313
that program.	1314

The registrar shall pay the contributions the registrar	1315
receives pursuant to section 4503.73 of the Revised Code to Wright	1316
B. Flyer, incorporated, which shall deposit the contributions into	1317
its general account to be used for purposes of Wright B. Flyer,	1318
incorporated.	1319

The registrar shall pay the contributions the registrar	1320
receives pursuant to section 4503.74 of the Revised Code to the	1321
Columbus zoological park association, which shall disburse the	1322
moneys to Ohio's major metropolitan zoos, as defined in section	1323
4503.74 of the Revised Code, in accordance with a written	1324
agreement entered into by the major metropolitan zoos.	1325

The registrar shall pay the contributions the registrar	1326
receives pursuant to section 4503.75 of the Revised Code to the	1327
rotary foundation, located on March 31, 2003, in Evanston,	1328
Illinois, to be placed in a fund known as the permanent fund and	1329
used to endow educational and humanitarian programs of the rotary	1330
foundation.	1331

The registrar shall pay the contributions the registrar	1332
receives pursuant to section 4503.85 of the Revised Code to the	1333
Ohio sea grant college program to be used for Lake Erie area	1334
research projects.	1335

The registrar shall pay the contributions the registrar	1336
receives pursuant to section 4503.89 of the Revised Code to the	1337
American red cross of greater Columbus on behalf of the Ohio	1338
chapters of the American red cross, which shall use the	1339
contributions for disaster readiness, preparedness, and response	1340
programs on a statewide basis.	1341

The registrar shall pay the contributions received pursuant	1342
to section 4503.92 of the Revised Code to support our troops,	1343
incorporated, a national nonprofit corporation, which shall use	1344
those contributions in accordance with its articles of	1345
incorporation and for the benefit of servicemembers of the armed	1346
forces of the United States and their families when they are in	1347
financial need.	1348

The registrar shall pay the contributions the registrar	1349
receives pursuant to section 4503.94 of the Revised Code to the	1350
Michelle's leading star foundation, which shall use the money	1351
solely to fund the rental, lease, or purchase of the simulated	1352
driving curriculum of the Michelle's leading star foundation by	1353
boards of education of city, exempted village, local, and joint	1354
vocational school districts.	1355

(C) All investment earnings of the license plate contribution	1356
fund shall be credited to the fund. Not later than the first day	1357
of May of every year, the registrar shall distribute to each	1358
entity described in division (B) of this section the investment	1359
income the fund earned the previous calendar year. The amount of	1360
such a distribution paid to an entity shall be proportionate to	1361
the amount of money the entity received from the fund during the	1362
previous calendar year.	1363

Sec. 4501.81. (A) The bureau of motor vehicles shall	1364
establish a database of the next of kin of persons who are issued	1365
and driver's licenses, commercial driver's licenses, temporary	1366
instruction permits, motorcycle operator's licenses and	1367
endorsements, and identification cards. Information in the	1368
database shall be accessible only to employees of the bureau and	1369
to criminal justice agencies and is not a public record for	1370
purposes of section 149.43 of the Revised Code.	1371

(B) AnWhen an individual holding a valid Ohiosubmits an	1372
application to the registrar of motor vehicles or a deputy	1373
registrar for a driver's license, commercial driver's license,	1374
temporary instruction permit, motorcycle operator's license or	1375
endorsement, or identification card, or renewal of any of them,	1376
the individual shall be afforded the opportunity tofurnished with	1377
a next of kin information form on which the individual may list	1378
the name, address, telephone number, and relationship to the	1379
individual of at least one contact person whom the individual	1380
wishes to be contacted if the individual is involved in a motor	1381
vehicle accident or emergency situation and the individual dies or	1382
is seriously injured or rendered unconscious and is unable to	1383
communicate with the contact person. The contact person may or may	1384
not be the next of kin of the applicant, except that if the	1385
applicant is under eighteen years of age and is not emancipated,	1386
the contact person shall include the parent, guardian, or	1387
custodian of the applicant.	1388

The form described in this division shall inform the	1389
individual that, after completing the form, the individual may	1390
return the form to the registrar or any deputy registrar, each of	1391
whom shall accept the form from the individual without payment of	1392
any fee. The form also shall contain the mailing address of the	1393
bureau, to which the individual may mail the completed form, and	1394
also instructions whereby the individual may furnish the	1395
information described in this division to the registrar through	1396
use of the internet.	1397

(C) The bureau, in accordance with Chapter 119. of the	1398
Revised Code, shall adopt rules to implement this section. The	1399
rules shall address bothall of the following:	1400

(1) The methods whereby a person who has submitted the name	1401
of a contact person for inclusion in the database may make changes	1402
to that entry;	1403

(2) The contents of the next of kin information form;

1404

(3) Any other aspect of the database or its operation that	1405
the registrar of motor vehicles determines is necessary in order	1406
to implement this section.	1407

(D) In the event of a motor vehicle accident or emergency	1408
situation in which a person dies or is seriously injured or	1409
rendered unconscious and is unable to communicate with the contact	1410
person specified in the database, an employee of a criminal	1411
justice agency shall make a good faith effort to notify the	1412
contact person of the situation, but neither the bureau of motor	1413
vehicles nor the employee nor the criminal justice agency that	1414
employs that employee incurs any liability if the employee is not	1415
able to make contact with the contact person.	1416

Sec. 4503.03.  (A)(1)(a) The registrar of motor vehicles may	1417
designate the county auditor in each county a deputy registrar. If	1418
the population of a county is forty thousand or less according to	1419
the last federal census and if the county auditor is designated by	1420
the registrar as a deputy registrar, no other person need be	1421
designated in the county to act as a deputy registrar.	1422

(b) The registrar may designate a clerk of a court of common	1423
pleas as a deputy registrar if the population of the county is	1424
forty thousand or less according to the last federal census. In a	1425
county with a population greater than forty thousand according to	1426
the last federal census, the clerk of a court of common pleas is	1427
eligible to act as a deputy registrar and may participate in the	1428
competitive selection process for the award of a deputy registrar	1429
contract by applying in the same manner as any other person. All	1430
fees collected and retained by a clerk for conducting deputy	1431
registrar services shall be paid into the county treasury to the	1432
credit of the certificate of title administration fund created	1433
under section 325.33 of the Revised Code.	1434

(c) In all other instances, the registrar shall contract with	1435
one or more other persons in each county to act as deputy	1436
registrars.	1437

(2) Deputy registrars shall accept applications for the	1438
annual license tax for any vehicle not taxed under section 4503.63	1439
of the Revised Code and shall assign distinctive numbers in the	1440
same manner as the registrar. Such deputies shall be located in	1441
such locations in the county as the registrar sees fit. There	1442
shall be at least one deputy registrar in each county.	1443

Deputy registrar contracts are subject to the provisions of	1444
division (B) of section 125.081 of the Revised Code.	1445

(B) The registrar shall not contract with any person to act	1446
as a deputy registrar if the person or, where applicable, the	1447
person's spouse or a member of the person's immediate family has	1448
made, within the current calendar year or any one of the previous	1449
three calendar years, one or more contributions totaling in excess	1450
of one hundred dollars to any person or entity included in	1451
division (A)(2) of section 4503.033 of the Revised Code. As used	1452
in this division, "immediate family" has the same meaning as in	1453
division (D) of section 102.01 of the Revised Code, and "entity"	1454
includes any political party and any "continuing association" as	1455
defined in division (B)(4) of section 3517.01 of the Revised Code	1456
or "political action committee" as defined in division (B)(8) of	1457
that section that is primarily associated with that political	1458
party. For purposes of this division, contributions to any	1459
continuing association or any political action committee that is	1460
primarily associated with a political party shall be aggregated	1461
with contributions to that political party.	1462

The contribution limitations contained in this division do	1463
not apply to any county auditor or clerk of a court of common	1464
pleas.	1465

The registrar shall not contract with either of the following	1466
to act as a deputy registrar:	1467

(1) Any elected public official other than a county auditor	1468
or, as authorized by division (A)(1)(b) of this section, a clerk	1469
of a court of common pleas, acting in an official capacity;	1470

(2) Any person holding a current, valid contract to conduct	1471
motor vehicle inspections under section 3704.14 of the Revised	1472
Code.	1473

(C)(1) Except as provided in division (C)(2) of this section,	1474
deputy registrars are independent contractors and neither they nor	1475
their employees are employees of this state, except that nothing	1476
in this section shall affect the status of county auditors or	1477
clerks of courts of common pleas as public officials, nor the	1478
status of their employees as employees of any of the counties of	1479
this state, which are political subdivisions of this state. Each	1480
deputy registrar shall be responsible for the payment of all	1481
unemployment compensation premiums, all workers' compensation	1482
premiums, social security contributions, and any and all taxes for	1483
which the deputy registrar is legally responsible. Each deputy	1484
registrar shall comply with all applicable federal, state, and	1485
local laws requiring the withholding of income taxes or other	1486
taxes from the compensation of the deputy registrar's employees.	1487
Each deputy registrar shall maintain during the entire term of the	1488
deputy registrar's contract a policy of business liability	1489
insurance satisfactory to the registrar and shall hold the	1490
department of public safety, the director of public safety, the	1491
bureau of motor vehicles, and the registrar harmless upon any and	1492
all claims for damages arising out of the operation of the deputy	1493
registrar agency.	1494

(2) For purposes of Chapter 4141. of the Revised Code,	1495
determinations concerning the employment of deputy registrars and	1496
their employees shall be made under Chapter 4141. of the Revised	1497
Code.	1498

(D)(1) With the approval of the director, the registrar shall	1499
adopt rules governing the terms of the contract between the	1500
registrar and each deputy registrar and specifications for the	1501
services to be performed. The rules shall include specifications	1502
relating to the amount of bond to be given as provided in this	1503
section; the size and location of the deputy's office; and the	1504
leasing of equipment necessary to conduct the vision screenings	1505
required under section 4507.12 of the Revised Code and training in	1506
the use of the equipment. The specifications shall permit and	1507
encourage every deputy registrar to inform the public of the	1508
location of the deputy registrar's office and hours of operation	1509
by means of public service announcements and allow any deputy	1510
registrar to advertise in regard to the operation of the deputy	1511
registrar's office. The rules also shall include specifications	1512
for the hours the deputy's office is to be open to the public and	1513
shall require as a minimum that one deputy's office in each county	1514
be open to the public for at least four hours each weekend,	1515
provided that if only one deputy's office is located within the	1516
boundary of the county seat, that office is the office that shall	1517
be open for the four-hour period each weekend, and that every	1518
deputy's office in each county shall be open to the public until	1519
six-thirty p.m. on at least one weeknight each week. The rules	1520
also shall include specifications providing that every deputy in	1521
each county, upon request, provide any person with information	1522
about the location and office hours of all deputy registrars in	1523
the county and that every deputy prominently display within the	1524
deputy's office, the toll-free telephone number of the bureau. The	1525
rules shall not prohibit the award of a deputy registrar contract	1526
to a nonprofit corporation formed under the laws of this state.	1527
The rules shall prohibit any deputy registrar from operating more	1528
than one such office at any time, except that the rules may permit	1529
a nonprofit corporation formed for the purposes of providing	1530
automobile-related services to its members or the public and that	1531
provides such services from more than one location in this state	1532
to operate a deputy registrar office at any such location,	1533
provided that the nonprofit corporation operates no more than one	1534
deputy registrar office in any one county. The rules may include	1535
such other specifications as the registrar and director consider	1536
necessary to provide a high level of service.	1537

(2) With the prior approval of the registrar, each deputy	1538
registrar may conduct at the location of the deputy registrar's	1539
office any business that is consistent with the functions of a	1540
deputy registrar and that is not specifically mandated or	1541
authorized by this or another chapter of the Revised Code or by	1542
implementing rules of the registrar.	1543

(3) As used in this section and in section 4507.01 of the	1544
Revised Code, "nonprofit corporation" has the same meaning as in	1545
section 1702.01 of the Revised Code.	1546

(E) Unless otherwise terminated and except for interim	1547
contracts of less than one year, contracts with deputy registrars	1548
shall be for a term of at least two years, but no more than three	1549
years, and all contracts effective on or after July 1, 1996, shall	1550
be for a term of more than two years, but not more than three	1551
years. All contracts with deputy registrars shall expire on the	1552
last Saturday of June in the year of their expiration. The auditor	1553
of state may examine the accounts, reports, systems, and other	1554
data of each deputy registrar at least every two years. The	1555
registrar, with the approval of the director, shall immediately	1556
remove a deputy who violates any provision of the Revised Code	1557
related to the duties as a deputy, any rule adopted by the	1558
registrar, or a term of the deputy's contract with the registrar.	1559
The registrar also may remove a deputy who, in the opinion of the	1560
registrar, has engaged in any conduct that is either unbecoming to	1561
one representing this state or is inconsistent with the efficient	1562
operation of the deputy's office.	1563

If the registrar, with the approval of the director,	1564
determines that there is good cause to believe that a deputy	1565
registrar or a person proposing for a deputy registrar contract	1566
has engaged in any conduct that would require the denial or	1567
termination of the deputy registrar contract, the registrar may	1568
require the production of books, records, and papers as the	1569
registrar determines are necessary, and may take the depositions	1570
of witnesses residing within or outside the state in the same	1571
manner as is prescribed by law for the taking of depositions in	1572
civil actions in the court of common pleas, and for that purpose	1573
the registrar may issue a subpoena for any witness or a subpoena	1574
duces tecum to compel the production of any books, records, or	1575
papers, directed to the sheriff of the county where the witness	1576
resides or is found. Such a subpoena shall be served and returned	1577
in the same manner as a subpoena in a criminal case is served and	1578
returned. The fees of the sheriff shall be the same as that	1579
allowed in the court of common pleas in criminal cases. Witnesses	1580
shall be paid the fees and mileage provided for under section	1581
119.094 of the Revised Code. The fees and mileage shall be paid	1582
from the fund in the state treasury for the use of the agency in	1583
the same manner as other expenses of the agency are paid.	1584

In any case of disobedience or neglect of any subpoena served	1585
on any person or the refusal of any witness to testify to any	1586
matter regarding which the witness lawfully may be interrogated,	1587
the court of common pleas of any county where the disobedience,	1588
neglect, or refusal occurs or any judge of that court, on	1589
application by the registrar, shall compel obedience by attachment	1590
proceedings for contempt, as in the case of disobedience of the	1591
requirements of a subpoena issued from that court, or a refusal to	1592
testify in that court.	1593

Nothing in this division shall be construed to require a	1594
hearing of any nature prior to the termination of any deputy	1595
registrar contract by the registrar, with the approval of the	1596
director, for cause.	1597

(F) Except as provided in section 2743.03 of the Revised	1598
Code, no court, other than the court of common pleas of Franklin	1599
county, has jurisdiction of any action against the department of	1600
public safety, the director, the bureau, or the registrar to	1601
restrain the exercise of any power or authority, or to entertain	1602
any action for declaratory judgment, in the selection and	1603
appointment of, or contracting with, deputy registrars. Neither	1604
the department, the director, the bureau, nor the registrar is	1605
liable in any action at law for damages sustained by any person	1606
because of any acts of the department, the director, the bureau,	1607
or the registrar, or of any employee of the department or bureau,	1608
in the performance of official duties in the selection and	1609
appointment of, and contracting with, deputy registrars.	1610

(G) The registrar shall assign to each deputy registrar a	1611
series of numbers sufficient to supply the demand at all times in	1612
the area the deputy registrar serves, and the registrar shall keep	1613
a record in the registrar's office of the numbers within the	1614
series assigned. Each deputy shall be required to give bond in the	1615
amount of at least twenty-five thousand dollars, or in such higher	1616
amount as the registrar determines necessary, based on a uniform	1617
schedule of bond amounts established by the registrar and	1618
determined by the volume of registrations handled by the deputy.	1619
The form of the bond shall be prescribed by the registrar. The	1620
bonds required of deputy registrars, in the discretion of the	1621
registrar, may be individual or schedule bonds or may be included	1622
in any blanket bond coverage carried by the department.	1623

(H) Each deputy registrar shall keep a file of each	1624
application received by the deputy and shall register that motor	1625
vehicle with the name and address of its owner.	1626

(I) Upon request, a deputy registrar shall make the physical	1627
inspection of a motor vehicle and issue the physical inspection	1628
certificate required in section 4505.061 of the Revised Code.	1629

(J) Each deputy registrar shall file a report semi-annually	1630
with the registrar of motor vehicles listing the number of	1631
applicants for licenses the deputy has served, the number of voter	1632
registration applications the deputy has completed and transmitted	1633
to the board of elections, and the number of voter registration	1634
applications declined.	1635

Sec. 4503.037.  (A) To promote the efficient use of	1636
governmental resources, including staff and facilities, and to	1637
improve service to the public, a county auditor who is designated	1638
to act as a deputy registrar and the clerk of the court of common	1639
pleas from the same county, subject to approval by the board of	1640
county commissioners and by the registrar of motor vehicles, may	1641
enter into a memorandum of understanding to allocate motor	1642
vehicle-related duties between the auditor and clerk. The board of	1643
county commissioners shall act by resolution in approving or	1644
rejecting a memorandum. The registrar shall approve or reject a	1645
memorandum in writing.	1646

(B) A memorandum of understanding may allocate the	1647
performance of motor vehicle-related duties only to the extent	1648
that the auditor acting as a deputy registrar or the clerk	1649
otherwise is authorized by law to perform such duties, and except	1650
as provided in this section, the performance of motor	1651
vehicle-related duties under a memorandum of understanding shall	1652
be in accordance with all applicable laws.	1653

A memorandum may allocate motor vehicle-related duties	1654
without regard to whether the duty is allocated by law to a deputy	1655
registrar or a clerk, and the performance of motor-vehicle related	1656
duties by either an auditor or clerk under this section is deemed	1657
sufficient to satisfy laws specifying that a deputy registrar or	1658
clerk perform the duty. A memorandum may allocate any fees that	1659
are retained by a deputy registrar or clerk by law.	1660

(C) For purposes of this section, "motor vehicle-related	1661
duties" means all deputy registrar duties and certificate of title	1662
duties under Chapters 1548., 4505., and 4519. of the Revised Code.	1663

Sec. 4503.038.  By rule adopted in accordance with Chapter	1664
119. of the Revised Code, the registrar of motor vehicles shall	1665
establish a pilot program in five counties for the operation	1666
beginning July 1, 2013, in each county of one vehicle registration	1667
center that combines all functions relative to the registration of	1668
and certificates of title for motor vehicles. The registrar shall	1669
contract with any person for the pilot program using a competitive	1670
selection process that may include factors used to evaluate an	1671
applicant for a deputy registrar contract but additionally shall	1672
address security and any other factors required for certificate of	1673
title functions.	1674

The registrar shall award contracts for the operation of a	1675
vehicle registration center under this section so that one is	1676
located in a county with a population of less than one hundred	1677
thousand one, one is located in a county with a population between	1678
one hundred thousand one and two hundred thousand, and one is	1679
located in a county with a population greater than two hundred	1680
thousand, according to the most recent federal decennial census.	1681
The registrar shall not award a contract for the operation of a	1682
vehicle registration center under this section in any county where	1683
the clerk of the court of common pleas has been awarded a deputy	1684
registrar contract after participating in the competitive	1685
selection process under section 4503.03 of the Revised Code.	1686

Notwithstanding any provision of the Revised Code to the	1687
contrary, a successful applicant for the operation of a vehicle	1688
registration center under this section may perform all functions	1689
relative to motor vehicle registration and certificates of title	1690
that are assigned by law. A successful applicant for the operation	1691
of a vehicle registration center may perform deputy registrar	1692
functions other than registration services if the applicant also	1693
successfully applied to act as a deputy registrar. Performance of	1694
motor vehicle registration and certificate of title duties under	1695
this section in accordance with all applicable laws is deemed	1696
sufficient to satisfy laws specifying that a deputy registrar or	1697
clerk of a court of common pleas perform the duty.	1698

Upon establishment under this section, a vehicle registration	1699
center shall continue in operation until such time as the	1700
registrar determines all contractual obligations have been	1701
satisfied or the contract expires. The registrar shall adopt rules	1702
as necessary to ensure the continued operation of a vehicle	1703
registration center during any period of competitive selection or	1704
other interruption of service.	1705

Sec. 4503.04.  Except as provided in sections 4503.042 and	1706
4503.65 of the Revised Code for the registration of commercial	1707
cars, trailers, semitrailers, and certain buses, the rates of the	1708
taxes imposed by section 4503.02 of the Revised Code shall be as	1709
follows:	1710

(A) For motor vehicles having three wheels or less, the	1711
license tax is:	1712

(1) For each motorized bicycle, ten dollars;

1713

(2) For each motorcycle, fourteen dollars.

1714

(B) For each passenger car, twenty dollars;

1715

(C) For each manufactured home, each mobile home, and each	1716
travel trailer, ten dollars;	1717

(D) For each noncommercial motor vehicle designed by the	1718
manufacturer to carry a load of no more than three-quarters of one	1719
ton and for each motor home, thirty-five dollars; for each	1720
noncommercial motor vehicle designed by the manufacturer to carry	1721
a load of more than three-quarters of one ton, but not more than	1722
one ton, seventy dollars;	1723

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

1724

(1) Eighty-five cents for each one hundred pounds or part	1725
thereof for the first two thousand pounds or part thereof of	1726
weight of vehicle fully equipped;	1727

(2) One dollar and forty cents for each one hundred pounds or	1728
part thereof in excess of two thousand pounds up to and including	1729
three thousand pounds.	1730

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

1731

(1) Vehicle equipped, owned, and used by a charitable or	1732
nonprofit corporation exclusively for the purpose of administering	1733
chest x-rays or receiving blood donations;	1734

(2) Van used principally for the transportation of	1735
handicapped persons that has been modified by being equipped with	1736
adaptive equipment to facilitate the movement of such persons into	1737
and out of the van;	1738

(3) Bus used principally for the transportation of	1739
handicapped persons or persons sixty-five years of age or older;.	1740

(G) Notwithstanding its weight, twenty dollars for any bus	1741
used principally for the transportation of persons in a	1742
ridesharing arrangement.	1743

(H) For each transit bus having motor power the license tax	1744
is twelve dollars.	1745

"Transit bus" means either a motor vehicle having a seating	1746
capacity of more than seven persons which is operated and used by	1747
any person in the rendition of a public mass transportation	1748
service primarily in a municipal corporation or municipal	1749
corporations and provided at least seventy-five per cent of the	1750
annual mileage of such service and use is within such municipal	1751
corporation or municipal corporations or a motor vehicle having a	1752
seating capacity of more than seven persons which is operated	1753
solely for the transportation of persons associated with a	1754
charitable or nonprofit corporation, but does not mean any motor	1755
vehicle having a seating capacity of more than seven persons when	1756
such vehicle is used in a ridesharing capacity or any bus	1757
described by division (F)(3) of this section.	1758

The application for registration of such transit bus shall be	1759
accompanied by an affidavit prescribed by the registrar of motor	1760
vehicles and signed by the person or an agent of the firm or	1761
corporation operating such bus stating that the bus has a seating	1762
capacity of more than seven persons, and that it is either to be	1763
operated and used in the rendition of a public mass transportation	1764
service and that at least seventy-five per cent of the annual	1765
mileage of such operation and use shall be within one or more	1766
municipal corporations or that it is to be operated solely for the	1767
transportation of persons associated with a charitable or	1768
nonprofit corporation.	1769

The form of the license plate, and the manner of its	1770
attachment to the vehicle, shall be prescribed by the registrar of	1771
motor vehicles.	1772

(I) The minimum tax for any vehicle having motor power other	1773
than a farm truck, a motorized bicycle, or motorcycle is ten	1774
dollars and eighty cents, and for each noncommercial trailer, five	1775
dollars.	1776

(J)(1) Except as otherwise provided in division (J) of this	1777
section, for each farm truck, except a noncommercial motor	1778
vehicle, that is owned, controlled, or operated by one or more	1779
farmers exclusively in farm use as defined in this section, and	1780
not for commercial purposes, and provided that at least	1781
seventy-five per cent of such farm use is by or for the one or	1782
more owners, controllers, or operators of the farm in the	1783
operation of which a farm truck is used, the license tax is five	1784
dollars plus:	1785

(a) Fifty cents per one hundred pounds or part thereof for	1786
the first three thousand pounds;	1787

(b) Seventy cents per one hundred pounds or part thereof in	1788
excess of three thousand pounds up to and including four thousand	1789
pounds;	1790

(c) Ninety cents per one hundred pounds or part thereof in	1791
excess of four thousand pounds up to and including six thousand	1792
pounds;	1793

(d) Two dollars for each one hundred pounds or part thereof	1794
in excess of six thousand pounds up to and including ten thousand	1795
pounds;	1796

(e) Two dollars and twenty-five cents for each one hundred	1797
pounds or part thereof in excess of ten thousand pounds;	1798

(f) The minimum license tax for any farm truck shall be	1799
twelve dollars.	1800

(2) The owner of a farm truck may register the truck for a	1801
period of one-half year by paying one-half the registration tax	1802
imposed on the truck under this chapter and one-half the amount of	1803
any tax imposed on the truck under Chapter 4504. of the Revised	1804
Code.	1805

(3) A farm bus may be registered for a period of ninety days	1806
from the date of issue of the license plates for the bus, for a	1807
fee of ten dollars, provided such license plates shall not be	1808
issued for more than any two ninety-day periods in any calendar	1809
year. Such use does not include the operation of trucks by	1810
commercial processors of agricultural products.	1811

(4) License plates for farm trucks and for farm buses shall	1812
have some distinguishing marks, letters, colors, or other	1813
characteristics to be determined by the director of public safety.	1814

(5) Every person registering a farm truck or bus under this	1815
section shall furnish an affidavit certifying that the truck or	1816
bus licensed to that person is to be so used as to meet the	1817
requirements necessary for the farm truck or farm bus	1818
classification.	1819

Any farmer may use a truck owned by the farmer for commercial	1820
purposes by paying the difference between the commercial truck	1821
registration fee and the farm truck registration fee for the	1822
remaining part of the registration period for which the truck is	1823
registered. Such remainder shall be calculated from the beginning	1824
of the semiannual period in which application for such commercial	1825
license is made.	1826

Taxes at the rates provided in this section are in lieu of	1827
all taxes on or with respect to the ownership of such motor	1828
vehicles, except as provided in section 4503.042 and section	1829
4503.06 of the Revised Code.	1830

(K) Other than trucks registered under the international	1831
registration plan in another jurisdiction and for which this state	1832
has received an apportioned registration fee, the license tax for	1833
each truck which is owned, controlled, or operated by a	1834
nonresident, and licensed in another state, and which is used	1835
exclusively for the transportation of nonprocessed agricultural	1836
products intrastate, from the place of production to the place of	1837
processing, is twenty-four dollars.	1838

"Truck," as used in this division, means any pickup truck,	1839
straight truck, semitrailer, or trailer other than a travel	1840
trailer. Nonprocessed agricultural products, as used in this	1841
division, does not include livestock or grain.	1842

A license issued under this division shall be issued for a	1843
period of one hundred thirty days in the same manner in which all	1844
other licenses are issued under this section, provided that no	1845
truck shall be so licensed for more than one	1846
one-hundred-thirty-day period during any calendar year.	1847

The license issued pursuant to this division shall consist of	1848
a windshield decal to be designed by the director of public	1849
safety.	1850

Every person registering a truck under this division shall	1851
furnish an affidavit certifying that the truck licensed to the	1852
person is to be used exclusively for the purposes specified in	1853
this division.	1854

(L) Every person registering a motor vehicle as a	1855
noncommercial motor vehicle as defined in section 4501.01 of the	1856
Revised Code, or registering a trailer as a noncommercial trailer	1857
as defined in that section, shall furnish an affidavit certifying	1858
that the motor vehicle or trailer so licensed to the person is to	1859
be so used as to meet the requirements necessary for the	1860
noncommercial vehicle classification.	1861

(M) Every person registering a van or bus as provided in	1862
divisions (F)(2) and (3) of this section shall furnish a notarized	1863
statement certifying that the van or bus licensed to the person is	1864
to be used for the purposes specified in those divisions. The form	1865
of the license plate issued for such motor vehicles shall be	1866
prescribed by the registrar.	1867

(N) Every person registering as a passenger car a motor	1868
vehicle designed and used for carrying more than nine but not more	1869
than fifteen passengers, and every person registering a bus as	1870
provided in division (G) of this section, shall furnish an	1871
affidavit certifying that the vehicle so licensed to the person is	1872
to be used in a ridesharing arrangement and that the person will	1873
have in effect whenever the vehicle is used in a ridesharing	1874
arrangement a policy of liability insurance with respect to the	1875
motor vehicle in amounts and coverages no less than those required	1876
by section 4509.79 of the Revised Code. The form of the license	1877
plate issued for such a motor vehicle shall be prescribed by the	1878
registrar.	1879

(O)(1) Commencing on October 1, 2009, if an application for	1880
registration renewal is not applied for prior to the expiration	1881
date of the registration or within seven days after that date, the	1882
registrar or deputy registrar shall collect a fee of twenty	1883
dollars for the issuance of the vehicle registration, but. For any	1884
motor vehicle that is used on a seasonal basis, whether used for	1885
general transportation or not, and that has not been used on the	1886
public roads or highways since the expiration of the registration,	1887
the registrar or deputy registrar shall waive the fee established	1888
under this division if the application is accompanied by	1889
supporting evidence of seasonal use as the registrar may require.	1890
The registrar or deputy registrar may waive the fee for other good	1891
cause shown if the application is accompanied by supporting	1892
evidence as the registrar may require. The fee shall be in	1893
addition to all other fees established by this section. A deputy	1894
registrar shall retain fifty cents of the fee and shall transmit	1895
the remaining amount to the registrar at the time and in the	1896
manner provided by section 4503.10 of the Revised Code. The	1897
registrar shall deposit all moneys received under this division	1898
into the state highway safety fund established in section 4501.06	1899
of the Revised Code.	1900

(2) Division (O)(1) of this section does not apply to a farm	1901
truck or farm bus registered under division (J) of this section.	1902

(P) As used in this section:

1903

(1) "Van" means any motor vehicle having a single rear axle	1904
and an enclosed body without a second seat.	1905

(2) "Handicapped person" means any person who has lost the	1906
use of one or both legs, or one or both arms, or is blind, deaf,	1907
or so severely disabled as to be unable to move about without the	1908
aid of crutches or a wheelchair.	1909

(3) "Farm truck" means a truck used in the transportation	1910
from the farm of products of the farm, including livestock and its	1911
products, poultry and its products, floricultural and	1912
horticultural products, and in the transportation to the farm of	1913
supplies for the farm, including tile, fence, and every other	1914
thing or commodity used in agricultural, floricultural,	1915
horticultural, livestock, and poultry production and livestock,	1916
poultry, and other animals and things used for breeding, feeding,	1917
or other purposes connected with the operation of the farm.	1918

(4) "Farm bus" means a bus used only for the transportation	1919
of agricultural employees and used only in the transportation of	1920
such employees as are necessary in the operation of the farm.	1921

(5) "Farm supplies" includes fuel used exclusively in the	1922
operation of a farm, including one or more homes located on and	1923
used in the operation of one or more farms, and furniture and	1924
other things used in and around such homes.	1925

Sec. 4503.521. (A) The owner or lessee of any passenger car,	1926
noncommercial motor vehicle, recreational vehicle, or other	1927
vehicle of a class approved by the registrar of motor vehicles may	1928
apply to the registrar for the registration of the vehicle and	1929
issuance of "share the road" license plates. The application for	1930
"share the road" license plates may be combined with a request for	1931
a special reserved license plate under section 4503.40 or 4503.42	1932
of the Revised Code. Upon receipt of the completed application and	1933
compliance with division (B) of this section, the registrar shall	1934
issue to the applicant the appropriate vehicle registration and a	1935
set of "share the road" license plates with a validation sticker	1936
or a validation sticker alone when required by section 4503.191 of	1937
the Revised Code.	1938

In addition to the letters and numbers ordinarily inscribed	1939
on the license plates, "share the road" license plates shall be	1940
inscribed with the words "share the road" and markings designed by	1941
the organization known on the effective date of this sectionMarch	1942
23, 2005, as the Ohio bicycle federation and approved by the	1943
registrar. "Share the road" license plates shall bear county	1944
identification stickers that identify the county of registration	1945
by name or number.	1946

(B) "Share the road" license plates and validation stickers	1947
shall be issued upon receipt of a contribution as provided in	1948
division (C) of this section and upon payment of the regular	1949
license tax as prescribed under section 4503.04 of the Revised	1950
Code, a fee of ten dollars for the purpose of compensating the	1951
bureau of motor vehicles for additional services required in the	1952
issuing of the "share the road" license plates, any applicable	1953
motor vehicle tax levied under Chapter 4504. of the Revised Code,	1954
any applicable additional fee prescribed by section 4503.40 or	1955
4503.42 of the Revised Code, and compliance with all other	1956
applicable laws relating to the registration of motor vehicles.	1957

(C) For each application for registration and registration	1958
renewal that the registrar receives under this section, the	1959
registrar shall collect a contribution of five dollars. The	1960
registrar shall transmit this contribution to the treasurer of	1961
state for deposit in the state highway safety fund created in	1962
section 4501.06 of the Revised Code to. The contribution may be	1963
used only to publishcreate and distribute a booklet that	1964
instructs bicycle riders on the methods and procedures of riding	1965
bicycles on the roads and streets of this state in a confident,	1966
legal, and safe mannersafety education materials.	1967

The registrar shall deposit the additional fee of ten dollars	1968
specified in division (B) of this section that the applicant for	1969
registration pays for the purpose of compensating the bureau for	1970
the additional services required in the issuing of the applicant's	1971
"share the road" license plates in the state bureau of motor	1972
vehicles fund created in section 4501.25 of the Revised Code.	1973

Sec. 4503.62.  (A) Application for the registration of an	1974
apportionable vehicle shall be made to the registrar of motor	1975
vehicles in accordance with division (J) of section 4503.10 of the	1976
Revised Code.	1977

(B) Any person applying to register a vehicle or combination	1978
vehicle that has a gross vehicle weight of twenty-six thousand	1979
pounds or less or two axles, or that is a bus used in charter	1980
party service, also may register the vehicle in accordance with	1981
division (J) of section 4503.10 of the Revised Code if the vehicle	1982
is used or intended for use in two or more international	1983
registration plan member jurisdictions.	1984

(C) No later than December 31, 2011, the registrar shall	1985
adopt rules under Chapter 119. of the Revised Code to establish a	1986
program to accept applications for vehicle registration	1987
transactions of apportionable vehicles electronically over the	1988
internet. The program also may provide for vehicle registration	1989
transactions of nonapportionable commercial motor vehicles over	1990
the internet.	1991

(D) The internet registration program shall provide an option	1992
for the payment of all registration taxes and fees by use of a	1993
financial transaction device. In providing for payment by the use	1994
of a financial transaction device, the registrar may, but is not	1995
required to, comply with section 113.40 of the Revised Code. The	1996
registrar, with the approval of the director of public safety, may	1997
contract with a third party to accept and process payments made by	1998
use of a financial transaction device on behalf of the bureau of	1999
motor vehicles. All fees associated with payment by use of a	2000
financial transaction device shall be borne by the applicants	2001
seeking the registration of apportionable or other vehicles under	2002
the program established pursuant to division (C) of this section.	2003
The bureau shall not pay any fees, and shall not collect any	2004
additional fees, associated with the use of a financial	2005
transaction device.	2006

(E) As used in this section, "financial transaction device"	2007
has the same meaning as in section 113.40 of the Revised Code.	2008

Sec. 4503.94. (A) The owner or lessee of any passenger car,	2009
noncommercial motor vehicle, recreational vehicle, or other	2010
vehicle of a class approved by the registrar of motor vehicles may	2011
apply to the registrar for the registration of the vehicle and	2012
issuance of "teen driver education" license plates. The	2013
application may be combined with a request for a special reserved	2014
license plate under section 4503.40 or 4503.42 of the Revised	2015
Code. Upon receipt of the completed application and compliance by	2016
the applicant with divisions (B) and (C) of this section, the	2017
registrar shall issue to the applicant the appropriate vehicle	2018
registration and a set of "teen driver education" license plates	2019
and a validation sticker, or a validation sticker alone when	2020
required by section 4503.191 of the Revised Code.	2021

In addition to the letters and numbers ordinarily inscribed	2022
on the license plates, "teen driver education" license plates	2023
shall bear an appropriate logo and the words "teen driver	2024
education." The bureau of motor vehicles shall design "teen driver	2025
education" license plates, and they shall display county	2026
identification stickers that identify the county of registration	2027
by name or number.	2028

(B) "Teen driver education" license plates and a validation	2029
sticker, or validation sticker alone, shall be issued upon receipt	2030
of an application for registration of a motor vehicle under this	2031
section; payment of the regular license tax as prescribed under	2032
section 4503.04 of the Revised Code, any applicable motor vehicle	2033
license tax levied under Chapter 4504. of the Revised Code, any	2034
applicable additional fee prescribed by section 4503.40 or 4503.42	2035
of the Revised Code, an additional fee of ten dollars, and a	2036
contribution as provided in division (C) of this section; and	2037
compliance with all other applicable laws relating to the	2038
registration of motor vehicles.	2039

(C) For each application for registration and registration	2040
renewal notice the registrar receives under this section, the	2041
registrar shall collect a contribution of fifteen dollars. The	2042
registrar shall transmit this contribution to the treasurer of	2043
state for deposit into the state treasury to the credit of the	2044
teen driver education license plate contribution fund created by	2045
section 4501.144501.21 of the Revised Code.	2046

The registrar shall transmit the additional fee of ten	2047
dollars, which is to compensate the bureau for the additional	2048
services required in the issuing of "teen driver education"	2049
license plates, to the treasurer of state for deposit into the	2050
state treasury to the credit of the state bureau of motor vehicles	2051
fund created by section 4501.25 of the Revised Code.	2052

Sec. 4505.06.  (A)(1) Application for a certificate of title	2053
shall be made in a form prescribed by the registrar of motor	2054
vehicles and shall be sworn to before a notary public or other	2055
officer empowered to administer oaths. The application shall be	2056
filed with the clerk of any court of common pleas. An application	2057
for a certificate of title may be filed electronically by any	2058
electronic means approved by the registrar in any county with the	2059
clerk of the court of common pleas of that county. Any payments	2060
required by this chapter shall be considered as accompanying any	2061
electronically transmitted application when payment actually is	2062
received by the clerk. Payment of any fee or taxes may be made by	2063
electronic transfer of funds.	2064

(2) The application for a certificate of title shall be	2065
accompanied by the fee prescribed in section 4505.09 of the	2066
Revised Code. The fee shall be retained by the clerk who issues	2067
the certificate of title and shall be distributed in accordance	2068
with that section. If a clerk of a court of common pleas, other	2069
than the clerk of the court of common pleas of an applicant's	2070
county of residence, issues a certificate of title to the	2071
applicant, the clerk shall transmit data related to the	2072
transaction to the automated title processing system.	2073

(3) If a certificate of title previously has been issued for	2074
a motor vehicle in this state, the application for a certificate	2075
of title also shall be accompanied by that certificate of title	2076
duly assigned, unless otherwise provided in this chapter. If a	2077
certificate of title previously has not been issued for the motor	2078
vehicle in this state, the application, unless otherwise provided	2079
in this chapter, shall be accompanied by a manufacturer's or	2080
importer's certificate or by a certificate of title of another	2081
state from which the motor vehicle was brought into this state. If	2082
the application refers to a motor vehicle last previously	2083
registered in another state, the application also shall be	2084
accompanied by the physical inspection certificate required by	2085
section 4505.061 of the Revised Code. If the application is made	2086
by two persons regarding a motor vehicle in which they wish to	2087
establish joint ownership with right of survivorship, they may do	2088
so as provided in section 2131.12 of the Revised Code. If the	2089
applicant requests a designation of the motor vehicle in	2090
beneficiary form so that upon the death of the owner of the motor	2091
vehicle, ownership of the motor vehicle will pass to a designated	2092
transfer-on-death beneficiary or beneficiaries, the applicant may	2093
do so as provided in section 2131.13 of the Revised Code. A person	2094
who establishes ownership of a motor vehicle that is transferable	2095
on death in accordance with section 2131.13 of the Revised Code	2096
may terminate that type of ownership or change the designation of	2097
the transfer-on-death beneficiary or beneficiaries by applying for	2098
a certificate of title pursuant to this section. The clerk shall	2099
retain the evidence of title presented by the applicant and on	2100
which the certificate of title is issued, except that, if an	2101
application for a certificate of title is filed electronically by	2102
an electronic motor vehicle dealer on behalf of the purchaser of a	2103
motor vehicle, the clerk shall retain the completed electronic	2104
record to which the dealer converted the certificate of title	2105
application and other required documents. The registrar, after	2106
consultation with the attorney general, shall adopt rules that	2107
govern the location at which, and the manner in which, are stored	2108
the actual application and all other documents relating to the	2109
sale of a motor vehicle when an electronic motor vehicle dealer	2110
files the application for a certificate of title electronically on	2111
behalf of the purchaser. Not later than sixty days after the	2112
effective date of this amendment, the registrar shall enable all	2113
electronic motor vehicle dealers to file applications for	2114
certificates of title on behalf of purchasers of motor vehicles	2115
electronically directly with the registrar and not through a third	2116
party.	2117

The clerk shall use reasonable diligence in ascertaining	2118
whether or not the facts in the application for a certificate of	2119
title are true by checking the application and documents	2120
accompanying it or the electronic record to which a dealer	2121
converted the application and accompanying documents with the	2122
records of motor vehicles in the clerk's office. If the clerk is	2123
satisfied that the applicant is the owner of the motor vehicle and	2124
that the application is in the proper form, the clerk, within five	2125
business days after the application is filed and except as	2126
provided in section 4505.021 of the Revised Code, shall issue a	2127
physical certificate of title over the clerk's signature and	2128
sealed with the clerk's seal, unless the applicant specifically	2129
requests the clerk not to issue a physical certificate of title	2130
and instead to issue an electronic certificate of title. For	2131
purposes of the transfer of a certificate of title, if the clerk	2132
is satisfied that the secured party has duly discharged a lien	2133
notation but has not canceled the lien notation with a clerk, the	2134
clerk may cancel the lien notation on the automated title	2135
processing system and notify the clerk of the county of origin.	2136

(4) In the case of the sale of a motor vehicle to a general	2137
buyer or user by a dealer, by a motor vehicle leasing dealer	2138
selling the motor vehicle to the lessee or, in a case in which the	2139
leasing dealer subleased the motor vehicle, the sublessee, at the	2140
end of the lease agreement or sublease agreement, or by a	2141
manufactured housing broker, the certificate of title shall be	2142
obtained in the name of the buyer by the dealer, leasing dealer,	2143
or manufactured housing broker, as the case may be, upon	2144
application signed by the buyer. The certificate of title shall be	2145
issued, or the process of entering the certificate of title	2146
application information into the automated title processing system	2147
if a physical certificate of title is not to be issued shall be	2148
completed, within five business days after the application for	2149
title is filed with the clerk. If the buyer of the motor vehicle	2150
previously leased the motor vehicle and is buying the motor	2151
vehicle at the end of the lease pursuant to that lease, the	2152
certificate of title shall be obtained in the name of the buyer by	2153
the motor vehicle leasing dealer who previously leased the motor	2154
vehicle to the buyer or by the motor vehicle leasing dealer who	2155
subleased the motor vehicle to the buyer under a sublease	2156
agreement.	2157

In all other cases, except as provided in section 4505.032	2158
and division (D)(2) of section 4505.11 of the Revised Code, such	2159
certificates shall be obtained by the buyer.	2160

(5)(a)(i) If the certificate of title is being obtained in	2161
the name of the buyer by a motor vehicle dealer or motor vehicle	2162
leasing dealer and there is a security interest to be noted on the	2163
certificate of title, the dealer or leasing dealer shall submit	2164
the application for the certificate of title and payment of the	2165
applicable tax to a clerk within seven business days after the	2166
later of the delivery of the motor vehicle to the buyer or the	2167
date the dealer or leasing dealer obtains the manufacturer's or	2168
importer's certificate, or certificate of title issued in the name	2169
of the dealer or leasing dealer, for the motor vehicle. Submission	2170
of the application for the certificate of title and payment of the	2171
applicable tax within the required seven business days may be	2172
indicated by postmark or receipt by a clerk within that period.	2173

(ii) Upon receipt of the certificate of title with the	2174
security interest noted on its face, the dealer or leasing dealer	2175
shall forward the certificate of title to the secured party at the	2176
location noted in the financing documents or otherwise specified	2177
by the secured party.	2178

(iii) A motor vehicle dealer or motor vehicle leasing dealer	2179
is liable to a secured party for a late fee of ten dollars per day	2180
for each certificate of title application and payment of the	2181
applicable tax that is submitted to a clerk more than seven	2182
business days but less than twenty-one days after the later of the	2183
delivery of the motor vehicle to the buyer or the date the dealer	2184
or leasing dealer obtains the manufacturer's or importer's	2185
certificate, or certificate of title issued in the name of the	2186
dealer or leasing dealer, for the motor vehicle and, from then on,	2187
twenty-five dollars per day until the application and applicable	2188
tax are submitted to a clerk.	2189

(b) In all cases of transfer of a motor vehicle except the	2190
transfer of a manufactured home or mobile home, the application	2191
for certificate of title shall be filed within thirty days after	2192
the assignment or delivery of the motor vehicle.	2193

(c) An application for a certificate of title for a new	2194
manufactured home shall be filed within thirty days after the	2195
delivery of the new manufactured home to the purchaser. The date	2196
of the delivery shall be the date on which an occupancy permit for	2197
the manufactured home is delivered to the purchaser of the home by	2198
the appropriate legal authority.	2199

(d) An application for a certificate of title for a used	2200
manufactured home or a used mobile home shall be filed as follows:	2201

(i) If a certificate of title for the used manufactured home	2202
or used mobile home was issued to the motor vehicle dealer prior	2203
to the sale of the manufactured or mobile home to the purchaser,	2204
the application for certificate of title shall be filed within	2205
thirty days after the date on which an occupancy permit for the	2206
manufactured or mobile home is delivered to the purchaser by the	2207
appropriate legal authority.	2208

(ii) If the motor vehicle dealer has been designated by a	2209
secured party to display the manufactured or mobile home for sale,	2210
or to sell the manufactured or mobile home under section 4505.20	2211
of the Revised Code, but the certificate of title has not been	2212
transferred by the secured party to the motor vehicle dealer, and	2213
the dealer has complied with the requirements of division (A) of	2214
section 4505.181 of the Revised Code, the application for	2215
certificate of title shall be filed within thirty days after the	2216
date on which the motor vehicle dealer obtains the certificate of	2217
title for the home from the secured party or the date on which an	2218
occupancy permit for the manufactured or mobile home is delivered	2219
to the purchaser by the appropriate legal authority, whichever	2220
occurs later.	2221

(6) If an application for a certificate of title is not filed	2222
within the period specified in division (A)(5)(b), (c), or (d) of	2223
this section, the clerk shall collect a fee of five dollars for	2224
the issuance of the certificate, except that no such fee shall be	2225
required from a motor vehicle salvage dealer, as defined in	2226
division (A) of section 4738.01 of the Revised Code, who	2227
immediately surrenders the certificate of title for cancellation.	2228
The fee shall be in addition to all other fees established by this	2229
chapter, and shall be retained by the clerk. The registrar shall	2230
provide, on the certificate of title form prescribed by section	2231
4505.07 of the Revised Code, language necessary to give evidence	2232
of the date on which the assignment or delivery of the motor	2233
vehicle was made.	2234

(7) As used in division (A) of this section, "lease	2235
agreement," "lessee," and "sublease agreement" have the same	2236
meanings as in section 4505.04 of the Revised Code and "new	2237
manufactured home," "used manufactured home," and "used mobile	2238
home" have the same meanings as in section 5739.0210 of the	2239
Revised Code.	2240

(B)(1) The clerk, except as provided in this section, shall	2241
refuse to accept for filing any application for a certificate of	2242
title and shall refuse to issue a certificate of title unless the	2243
dealer or the applicant, in cases in which the certificate shall	2244
be obtained by the buyer, submits with the application payment of	2245
the tax levied by or pursuant to Chapters 5739. and 5741. of the	2246
Revised Code based on the purchaser's county of residence. Upon	2247
payment of the tax in accordance with division (E) of this	2248
section, the clerk shall issue a receipt prescribed by the	2249
registrar and agreed upon by the tax commissioner showing payment	2250
of the tax or a receipt issued by the commissioner showing the	2251
payment of the tax. When submitting payment of the tax to the	2252
clerk, a dealer shall retain any discount to which the dealer is	2253
entitled under section 5739.12 of the Revised Code.	2254

(2) For receiving and disbursing such taxes paid to the clerk	2255
by a resident of the clerk's county, the clerk may retain a	2256
poundage fee of one and one one-hundredth per cent, and the clerk	2257
shall pay the poundage fee into the certificate of title	2258
administration fund created by section 325.33 of the Revised Code.	2259
The clerk shall not retain a poundage fee from payments of taxes	2260
by persons who do not reside in the clerk's county.	2261

A clerk, however, may retain from the taxes paid to the clerk	2262
an amount equal to the poundage fees associated with certificates	2263
of title issued by other clerks of courts of common pleas to	2264
applicants who reside in the first clerk's county. The registrar,	2265
in consultation with the tax commissioner and the clerks of the	2266
courts of common pleas, shall develop a report from the automated	2267
title processing system that informs each clerk of the amount of	2268
the poundage fees that the clerk is permitted to retain from those	2269
taxes because of certificates of title issued by the clerks of	2270
other counties to applicants who reside in the first clerk's	2271
county.	2272

(3) In the case of casual sales of motor vehicles, as defined	2273
in section 4517.01 of the Revised Code, the price for the purpose	2274
of determining the tax shall be the purchase price on the assigned	2275
certificate of title executed by the seller and filed with the	2276
clerk by the buyer on a form to be prescribed by the registrar,	2277
which shall be prima-facie evidence of the amount for the	2278
determination of the tax.	2279

(4) Each county clerk shall forward to the treasurer of state	2280
all sales and use tax collections resulting from sales of motor	2281
vehicles, off-highway motorcycles, and all-purpose vehicles during	2282
a calendar week on or before the Friday following the close of	2283
that week. If, on any Friday, the offices of the clerk of courts	2284
or the state are not open for business, the tax shall be forwarded	2285
to the treasurer of state on or before the next day on which the	2286
offices are open. Every remittance of tax under division (B)(4) of	2287
this section shall be accompanied by a remittance report in such	2288
form as the tax commissioner prescribes. Upon receipt of a tax	2289
remittance and remittance report, the treasurer of state shall	2290
date stamp the report and forward it to the tax commissioner. If	2291
the tax due for any week is not remitted by a clerk of courts as	2292
required under division (B)(4) of this section, the commissioner	2293
may require the clerk to forfeit the poundage fees for the sales	2294
made during that week. The treasurer of state may require the	2295
clerks of courts to transmit tax collections and remittance	2296
reports electronically.	2297

(C)(1) If the transferor indicates on the certificate of	2298
title that the odometer reflects mileage in excess of the designed	2299
mechanical limit of the odometer, the clerk shall enter the phrase	2300
"exceeds mechanical limits" following the mileage designation. If	2301
the transferor indicates on the certificate of title that the	2302
odometer reading is not the actual mileage, the clerk shall enter	2303
the phrase "nonactual: warning - odometer discrepancy" following	2304
the mileage designation. The clerk shall use reasonable care in	2305
transferring the information supplied by the transferor, but is	2306
not liable for any errors or omissions of the clerk or those of	2307
the clerk's deputies in the performance of the clerk's duties	2308
created by this chapter.	2309

The registrar shall prescribe an affidavit in which the	2310
transferor shall swear to the true selling price and, except as	2311
provided in this division, the true odometer reading of the motor	2312
vehicle. The registrar may prescribe an affidavit in which the	2313
seller and buyer provide information pertaining to the odometer	2314
reading of the motor vehicle in addition to that required by this	2315
section, as such information may be required by the United States	2316
secretary of transportation by rule prescribed under authority of	2317
subchapter IV of the "Motor Vehicle Information and Cost Savings	2318
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	2319

(2) Division (C)(1) of this section does not require the	2320
giving of information concerning the odometer and odometer reading	2321
of a motor vehicle when ownership of a motor vehicle is being	2322
transferred as a result of a bequest, under the laws of intestate	2323
succession, to a survivor pursuant to section 2106.18, 2131.12, or	2324
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	2325
beneficiaries pursuant to section 2131.13 of the Revised Code, in	2326
connection with the creation of a security interest or for a	2327
vehicle with a gross vehicle weight rating of more than sixteen	2328
thousand pounds.	2329

(D) When the transfer to the applicant was made in some other	2330
state or in interstate commerce, the clerk, except as provided in	2331
this section, shall refuse to issue any certificate of title	2332
unless the tax imposed by or pursuant to Chapter 5741. of the	2333
Revised Code based on the purchaser's county of residence has been	2334
paid as evidenced by a receipt issued by the tax commissioner, or	2335
unless the applicant submits with the application payment of the	2336
tax. Upon payment of the tax in accordance with division (E) of	2337
this section, the clerk shall issue a receipt prescribed by the	2338
registrar and agreed upon by the tax commissioner, showing payment	2339
of the tax.	2340

For receiving and disbursing such taxes paid to the clerk by	2341
a resident of the clerk's county, the clerk may retain a poundage	2342
fee of one and one one-hundredth per cent. The clerk shall not	2343
retain a poundage fee from payments of taxes by persons who do not	2344
reside in the clerk's county.	2345

A clerk, however, may retain from the taxes paid to the clerk	2346
an amount equal to the poundage fees associated with certificates	2347
of title issued by other clerks of courts of common pleas to	2348
applicants who reside in the first clerk's county. The registrar,	2349
in consultation with the tax commissioner and the clerks of the	2350
courts of common pleas, shall develop a report from the automated	2351
title processing system that informs each clerk of the amount of	2352
the poundage fees that the clerk is permitted to retain from those	2353
taxes because of certificates of title issued by the clerks of	2354
other counties to applicants who reside in the first clerk's	2355
county.	2356

When the vendor is not regularly engaged in the business of	2357
selling motor vehicles, the vendor shall not be required to	2358
purchase a vendor's license or make reports concerning those	2359
sales.	2360

(E) The clerk shall accept any payment of a tax in cash, or	2361
by cashier's check, certified check, draft, money order, or teller	2362
check issued by any insured financial institution payable to the	2363
clerk and submitted with an application for a certificate of title	2364
under division (B) or (D) of this section. The clerk also may	2365
accept payment of the tax by corporate, business, or personal	2366
check, credit card, electronic transfer or wire transfer, debit	2367
card, or any other accepted form of payment made payable to the	2368
clerk. The clerk may require bonds, guarantees, or letters of	2369
credit to ensure the collection of corporate, business, or	2370
personal checks. Any service fee charged by a third party to a	2371
clerk for the use of any form of payment may be paid by the clerk	2372
from the certificate of title administration fund created in	2373
section 325.33 of the Revised Code, or may be assessed by the	2374
clerk upon the applicant as an additional fee. Upon collection,	2375
the additional fees shall be paid by the clerk into that	2376
certificate of title administration fund.	2377

The clerk shall make a good faith effort to collect any	2378
payment of taxes due but not made because the payment was returned	2379
or dishonored, but the clerk is not personally liable for the	2380
payment of uncollected taxes or uncollected fees. The clerk shall	2381
notify the tax commissioner of any such payment of taxes that is	2382
due but not made and shall furnish the information to the	2383
commissioner that the commissioner requires. The clerk shall	2384
deduct the amount of taxes due but not paid from the clerk's	2385
periodic remittance of tax payments, in accordance with procedures	2386
agreed upon by the tax commissioner. The commissioner may collect	2387
taxes due by assessment in the manner provided in section 5739.13	2388
of the Revised Code.	2389

Any person who presents payment that is returned or	2390
dishonored for any reason is liable to the clerk for payment of a	2391
penalty over and above the amount of the taxes due. The clerk	2392
shall determine the amount of the penalty, and the penalty shall	2393
be no greater than that amount necessary to compensate the clerk	2394
for banking charges, legal fees, or other expenses incurred by the	2395
clerk in collecting the returned or dishonored payment. The	2396
remedies and procedures provided in this section are in addition	2397
to any other available civil or criminal remedies. Subsequently	2398
collected penalties, poundage fees, and title fees, less any title	2399
fee due the state, from returned or dishonored payments collected	2400
by the clerk shall be paid into the certificate of title	2401
administration fund. Subsequently collected taxes, less poundage	2402
fees, shall be sent by the clerk to the treasurer of state at the	2403
next scheduled periodic remittance of tax payments, with	2404
information as the commissioner may require. The clerk may abate	2405
all or any part of any penalty assessed under this division.	2406

(F) In the following cases, the clerk shall accept for filing	2407
an application and shall issue a certificate of title without	2408
requiring payment or evidence of payment of the tax:	2409

(1) When the purchaser is this state or any of its political	2410
subdivisions, a church, or an organization whose purchases are	2411
exempted by section 5739.02 of the Revised Code;	2412

(2) When the transaction in this state is not a retail sale	2413
as defined by section 5739.01 of the Revised Code;	2414

(3) When the purchase is outside this state or in interstate	2415
commerce and the purpose of the purchaser is not to use, store, or	2416
consume within the meaning of section 5741.01 of the Revised Code;	2417

(4) When the purchaser is the federal government;

2418

(5) When the motor vehicle was purchased outside this state	2419
for use outside this state;	2420

(6) When the motor vehicle is purchased by a nonresident	2421
under the circumstances described in division (B)(1) of section	2422
5739.029 of the Revised Code, and upon presentation of a copy of	2423
the affidavit provided by that section, and a copy of the	2424
exemption certificate provided by section 5739.03 of the Revised	2425
Code.	2426

(G) An application, as prescribed by the registrar and agreed	2427
to by the tax commissioner, shall be filled out and sworn to by	2428
the buyer of a motor vehicle in a casual sale. The application	2429
shall contain the following notice in bold lettering: "WARNING TO	2430
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	2431
law to state the true selling price. A false statement is in	2432
violation of section 2921.13 of the Revised Code and is punishable	2433
by six months' imprisonment or a fine of up to one thousand	2434
dollars, or both. All transfers are audited by the department of	2435
taxation. The seller and buyer must provide any information	2436
requested by the department of taxation. The buyer may be assessed	2437
any additional tax found to be due."	2438

(H) For sales of manufactured homes or mobile homes occurring	2439
on or after January 1, 2000, the clerk shall accept for filing,	2440
pursuant to Chapter 5739. of the Revised Code, an application for	2441
a certificate of title for a manufactured home or mobile home	2442
without requiring payment of any tax pursuant to section 5739.02,	2443
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	2444
issued by the tax commissioner showing payment of the tax. For	2445
sales of manufactured homes or mobile homes occurring on or after	2446
January 1, 2000, the applicant shall pay to the clerk an	2447
additional fee of five dollars for each certificate of title	2448
issued by the clerk for a manufactured or mobile home pursuant to	2449
division (H) of section 4505.11 of the Revised Code and for each	2450
certificate of title issued upon transfer of ownership of the	2451
home. The clerk shall credit the fee to the county certificate of	2452
title administration fund, and the fee shall be used to pay the	2453
expenses of archiving those certificates pursuant to division (A)	2454
of section 4505.08 and division (H)(3) of section 4505.11 of the	2455
Revised Code. The tax commissioner shall administer any tax on a	2456
manufactured or mobile home pursuant to Chapters 5739. and 5741.	2457
of the Revised Code.	2458

(I) Every clerk shall have the capability to transact by	2459
electronic means all procedures and transactions relating to the	2460
issuance of motor vehicle certificates of title that are described	2461
in the Revised Code as being accomplished by electronic means.	2462

Sec. 4505.09.  (A)(1) The clerk of a court of common pleas	2463
shall charge and retain fees as follows:	2464

(a) Five dollars for each certificate of title that is not	2465
applied for within thirty days after the later of the assignment	2466
or delivery of the motor vehicle described in it. The entire fee	2467
shall be retained by the clerk.	2468

(b) Fifteen dollars for each certificate of title or	2469
duplicate certificate of title including the issuance of a	2470
memorandum certificate of title, or authorization to print a	2471
non-negotiable evidence of ownership described in division (G) of	2472
section 4505.08 of the Revised Code, non-negotiable evidence of	2473
ownership printed by the clerk under division (H) of that section,	2474
and notation of any lien on a certificate of title that is applied	2475
for at the same time as the certificate of title. The clerk shall	2476
retain eleven dollars and fifty cents of that fee for each	2477
certificate of title when there is a notation of a lien or	2478
security interest on the certificate of title, twelve dollars and	2479
twenty-five cents when there is no lien or security interest noted	2480
on the certificate of title, and eleven dollars and fifty cents	2481
for each duplicate certificate of title.	2482

(c) FiveFour dollars and fifty cents for each certificate of	2483
title with no security interest noted that is issued to a licensed	2484
motor vehicle dealer for resale purposes and, in addition, a	2485
separate fee of fifty cents. The clerk shall retain two dollars	2486
and twenty-five cents of that fee.	2487

(d) Five dollars for each memorandum certificate of title or	2488
non-negotiable evidence of ownership that is applied for	2489
separately. The clerk shall retain that entire fee.	2490

(2) The fees that are not retained by the clerk shall be paid	2491
to the registrar of motor vehicles by monthly returns, which shall	2492
be forwarded to the registrar not later than the fifth day of the	2493
month next succeeding that in which the certificate is issued or	2494
that in which the registrar is notified of a lien or cancellation	2495
of a lien.	2496

(B)(1) The registrar shall pay twenty-five cents of the	2497
amount received for each certificate of title issued to a motor	2498
vehicle dealer for resale, one dollar for certificates of title	2499
issued with a lien or security interest noted on the certificate	2500
of title, and twenty-five cents for each certificate of title with	2501
no lien or security interest noted on the certificate of title	2502
into the state bureau of motor vehicles fund established in	2503
section 4501.25 of the Revised Code.	2504

(2) Fifty cents of the amount received for each certificate	2505
of title shall be paid by the registrar as follows:	2506

(a) Four cents shall be paid into the state treasury to the	2507
credit of the motor vehicle dealers board fund, which is hereby	2508
created. All investment earnings of the fund shall be credited to	2509
the fund. The moneys in the motor vehicle dealers board fund shall	2510
be used by the motor vehicle dealers board created under section	2511
4517.30 of the Revised Code, together with other moneys	2512
appropriated to it, in the exercise of its powers and the	2513
performance of its duties under Chapter 4517. of the Revised Code,	2514
except that the director of budget and management may transfer	2515
excess money from the motor vehicle dealers board fund to the	2516
bureau of motor vehicles fund if the registrar determines that the	2517
amount of money in the motor vehicle dealers board fund, together	2518
with other moneys appropriated to the board, exceeds the amount	2519
required for the exercise of its powers and the performance of its	2520
duties under Chapter 4517. of the Revised Code and requests the	2521
director to make the transfer.	2522

(b) Twenty-one cents shall be paid into the highway operating	2523
fund.	2524

(c) Twenty-five cents shall be paid into the state treasury	2525
to the credit of the motor vehicle sales audit fund, which is	2526
hereby created. The moneys in the fund shall be used by the tax	2527
commissioner together with other funds available to the	2528
commissioner to conduct a continuing investigation of sales and	2529
use tax returns filed for motor vehicles in order to determine if	2530
sales and use tax liability has been satisfied. The commissioner	2531
shall refer cases of apparent violations of section 2921.13 of the	2532
Revised Code made in connection with the titling or sale of a	2533
motor vehicle and cases of any other apparent violations of the	2534
sales or use tax law to the appropriate county prosecutor whenever	2535
the commissioner considers it advisable.	2536

(3) Two dollars of the amount received by the registrar under	2537
divisions (A)(1)(a), (b), and (d) of this section and one dollar	2538
and fifty cents of the amount received by the registrar under	2539
division (A)(1)(c) of this section for each certificate of title	2540
shall be paid into the state treasury to the credit of the	2541
automated title processing fund, which is hereby created and which	2542
shall consist of moneys collected under division (B)(3) of this	2543
section and under sections 1548.10 and 4519.59 of the Revised	2544
Code. All investment earnings of the fund shall be credited to the	2545
fund. The moneys in the fund shall be used as follows:	2546

(a) Except for moneys collected under section 1548.10 of the	2547
Revised Code and as provided in division (B)(3)(c) of this	2548
section, moneys collected under division (B)(3) of this section	2549
shall be used to implement and maintain an automated title	2550
processing system for the issuance of motor vehicle, off-highway	2551
motorcycle, and all-purpose vehicle certificates of title in the	2552
offices of the clerks of the courts of common pleas.	2553

(b) Moneys collected under section 1548.10 of the Revised	2554
Code shall be used to issue marine certificates of title in the	2555
offices of the clerks of the courts of common pleas as provided in	2556
Chapter 1548. of the Revised Code.	2557

(c) Moneys collected under division (B)(3) of this section	2558
shall be used in accordance with section 4505.25 of the Revised	2559
Code to implement Sub. S.B. 59 of the 124th general assembly.	2560

(4) The registrar shall pay the fifty-cent separate fee	2561
collected from a licensed motor vehicle dealer under division	2562
(A)(1)(c) of this section into the title defect recision fund	2563
created by section 1345.52 of the Revised Code.	2564

(C)(1) The automated title processing board is hereby created	2565
consisting of the registrar or the registrar's representative, a	2566
person selected by the registrar, the president of the Ohio clerks	2567
of court association or the president's representative, and two	2568
clerks of courts of common pleas appointed by the governor. The	2569
director of budget and management or the director's designee, the	2570
chief of the division of watercraft in the department of natural	2571
resources or the chief's designee, and the tax commissioner or the	2572
commissioner's designee shall be nonvoting members of the board.	2573
The purpose of the board is to facilitate the operation and	2574
maintenance of an automated title processing system and approve	2575
the procurement of automated title processing system equipment.	2576
Voting members of the board, excluding the registrar or the	2577
registrar's representative, shall serve without compensation, but	2578
shall be reimbursed for travel and other necessary expenses	2579
incurred in the conduct of their official duties. The registrar or	2580
the registrar's representative shall receive neither compensation	2581
nor reimbursement as a board member.	2582

(2) The automated title processing board shall determine each	2583
of the following:	2584

(a) The automated title processing equipment and certificates	2585
of title requirements for each county;	2586

(b) The payment of expenses that may be incurred by the	2587
counties in implementing an automated title processing system;	2588

(c) The repayment to the counties for existing title	2589
processing equipment.	2590

(3) The registrar shall purchase, lease, or otherwise acquire	2591
any automated title processing equipment and certificates of title	2592
that the board determines are necessary from moneys in the	2593
automated title processing fund established by division (B)(3) of	2594
this section.	2595

(D) All counties shall conform to the requirements of the	2596
registrar regarding the operation of their automated title	2597
processing system for motor vehicle titles, certificates of title	2598
for off-highway motorcycles and all-purpose vehicles, and	2599
certificates of title for watercraft and outboard motors.	2600

Sec. 4506.08.  (A)(1) Each application for a commercial	2601
driver's license temporary instruction permit shall be accompanied	2602
by a fee of ten dollars. Each application for a commercial	2603
driver's license, restricted commercial driver's license, renewal	2604
of such a license, or waiver for farm-related service industries	2605
shall be accompanied by a fee of twenty-five dollars, except that	2606
an application for a commercial driver's license or restricted	2607
commercial driver's license received pursuant to division (A)(3)	2608
of section 4506.14 of the Revised Code shall be accompanied by a	2609
fee of eighteen dollars and seventy-five cents if the license will	2610
expire on the licensee's birthday three years after the date of	2611
issuance, a fee of twelve dollars and fifty cents if the license	2612
will expire on the licensee's birthday two years after the date of	2613
issuance, and a fee of six dollars and twenty-five cents if the	2614
license will expire on the licensee's birthday one year after the	2615
date of issuance. Each application for a duplicate commercial	2616
driver's license shall be accompanied by a fee of ten dollars.	2617

(2) In addition, the registrar of motor vehicles or deputy	2618
registrar may collect and retain an additional fee of no more than	2619
three dollars and fifty cents for each application for a	2620
commercial driver's license temporary instruction permit,	2621
commercial driver's license, renewal of a commercial driver's	2622
license, or duplicate commercial driver's license received by the	2623
registrar or deputy.	2624

(B) In addition to the fees imposed under division (A) of	2625
this section, the registrar of motor vehicles or deputy registrar	2626
shall collect a fee of twelve dollars for each application for a	2627
commercial driver's license temporary instruction permit,	2628
commercial driver's license, or duplicate commercial driver's	2629
license and for each application for renewal of a commercial	2630
driver's license. The additional fee is for the purpose of	2631
defraying the department of public safety's costs associated with	2632
the administration and enforcement of the motor vehicle and	2633
traffic laws of Ohio.	2634

(C) Commencing on October 1, 2009, if an application for a	2635
commercial driver's license made by a person who previously held	2636
such a license is not applied for within the period specified in	2637
section 4506.14 of the Revised Code or within seven days after the	2638
period so specified, the registrar or deputy registrar shall	2639
collect a fee of twenty dollars for the issuance of the commercial	2640
driver's license, but may waive the fee for good cause shown if	2641
the application is accompanied by supporting evidence as the	2642
registrar may require. The fee is in addition to all other fees	2643
established by this section. A deputy registrar shall retain fifty	2644
cents of the fee and shall transmit the remaining amount in	2645
accordance with division (D) of this section.	2646

(D) Each deputy registrar shall transmit the fees collected	2647
under divisions (A)(1),and (B), and (C) of this section in the	2648
time and manner prescribed by the registrar. The registrar shall	2649
deposit all moneys received under division (D)(C) of this section	2650
into the state highway safety fund established in section 4501.06	2651
of the Revised Code.	2652

(E)(D) Information regarding the driving record of any person	2653
holding a commercial driver's license issued by this state shall	2654
be furnished by the registrar, upon request and payment of a fee	2655
of five dollars, to the employer or prospective employer of such a	2656
person and to any insurer.	2657

Of each five-dollar fee the registrar collects under this	2658
division, the registrar shall pay two dollars into the state	2659
treasury to the credit of the state bureau of motor vehicles fund	2660
established in section 4501.25 of the Revised Code, sixty cents	2661
into the state treasury to the credit of the trauma and emergency	2662
medical services fund established in section 4513.263 of the	2663
Revised Code, sixty cents into the state treasury to the credit of	2664
the homeland security fund established in section 5502.03 of the	2665
Revised Code, thirty cents into the state treasury to the credit	2666
of the investigations fund established in section 5502.131 of the	2667
Revised Code, one dollar and twenty-five cents into the state	2668
treasury to the credit of the emergency management agency service	2669
and reimbursement fund established in section 5502.39 of the	2670
Revised Code, and twenty-five cents into the state treasury to the	2671
credit of the justice program services fund established in section	2672
5502.67 of the Revised Code.	2673

Sec. 4507.05.  (A) The registrar of motor vehicles, or a	2674
deputy registrar, upon receiving an application for a temporary	2675
instruction permit and a temporary instruction permit	2676
identification card for a driver's license from any person who is	2677
at least fifteen years six months of age, may issue such a permit	2678
and identification card entitling the applicant to drive a motor	2679
vehicle, other than a commercial motor vehicle, upon the highways	2680
under the following conditions:	2681

(1) If the permit is issued to a person who is at least	2682
fifteen years six months of age, but less than sixteen years of	2683
age:	2684

(a) The permit and identification card are in the holder's	2685
immediate possession;	2686

(b) The holder is accompanied by an eligible adult who	2687
actually occupies the seat beside the permit holder and does not	2688
have a prohibited concentration of alcohol in the whole blood,	2689
blood serum or plasma, breath, or urine as provided in division	2690
(A) of section 4511.19 of the Revised Code;	2691

(c) The total number of occupants of the vehicle does not	2692
exceed the total number of occupant restraining devices originally	2693
installed in the motor vehicle by its manufacturer, and each	2694
occupant of the vehicle is wearing all of the available elements	2695
of a properly adjusted occupant restraining device.	2696

(2) If the permit is issued to a person who is at least	2697
sixteen years of age:	2698

(a) The permit and identification card are in the holder's	2699
immediate possession;	2700

(b) The holder is accompanied by a licensed operator who is	2701
at least twenty-one years of age, is actually occupying a seat	2702
beside the driver, and does not have a prohibited concentration of	2703
alcohol in the whole blood, blood serum or plasma, breath, or	2704
urine as provided in division (A) of section 4511.19 of the	2705
Revised Code;	2706

(c) The total number of occupants of the vehicle does not	2707
exceed the total number of occupant restraining devices originally	2708
installed in the motor vehicle by its manufacturer, and each	2709
occupant of the vehicle is wearing all of the available elements	2710
of a properly adjusted occupant restraining device.	2711

(B) The registrar or a deputy registrar, upon receiving from	2712
any person an application for a temporary instruction permit and	2713
temporary instruction permit identification card to operate a	2714
motorcycle or motorized bicycle, may issue such a permit and	2715
identification card entitling the applicant, while having the	2716
permit and identification card in the applicant's immediate	2717
possession, to drive a motorcycle under the restrictions	2718
prescribed in section 4511.53 of the Revised Code, or to drive a	2719
motorized bicycle under restrictions determined by the registrar.	2720
A temporary instruction permit and temporary instruction permit	2721
identification card to operate a motorized bicycle may be issued	2722
to a person fourteen or fifteen years old.	2723

(C) Any permit and identification card issued under this	2724
section shall be issued in the same manner as a driver's license,	2725
upon a form to be furnished by the registrar. A temporary	2726
instruction permit to drive a motor vehicle other than a	2727
commercial motor vehicle shall be valid for a period of one year.	2728

(D) Any person having in the person's possession a valid and	2729
current driver's license or motorcycle operator's license or	2730
endorsement issued to the person by another jurisdiction	2731
recognized by this state is exempt from obtaining a temporary	2732
instruction permit for a driver's license, but shall submit to the	2733
regular examination in obtaining a driver's license or motorcycle	2734
operator's endorsement in this state.	2735

(E) The registrar may adopt rules governing the use of	2736
temporary instruction permits and temporary instruction permit	2737
identification cards.	2738

(F)(1) No holder of a permit issued under division (A) of	2739
this section shall operate a motor vehicle upon a highway or any	2740
public or private property used by the public for purposes of	2741
vehicular travel or parking in violation of the conditions	2742
established under division (A) of this section.	2743

(2) Except as provided in division (F)(2) of this section, no	2744
holder of a permit that is issued under division (A) of this	2745
section and that is issued on or after July 1, 1998, and who has	2746
not attained the age of eighteen years, shall operate a motor	2747
vehicle upon a highway or any public or private property used by	2748
the public for purposes of vehicular travel or parking between the	2749
hours of midnight and six a.m.	2750

The holder of a permit issued under division (A) of this	2751
section on or after July 1, 1998, who has not attained the age of	2752
eighteen years, may operate a motor vehicle upon a highway or any	2753
public or private property used by the public for purposes of	2754
vehicular travel or parking between the hours of midnight and six	2755
a.m. if, at the time of such operation, the holder is accompanied	2756
by the holder's parent, guardian, or custodian, and the parent,	2757
guardian, or custodian holds a current valid driver's or	2758
commercial driver's license issued by this state, is actually	2759
occupying a seat beside the permit holder, and does not have a	2760
prohibited concentration of alcohol in the whole blood, blood	2761
serum or plasma, breath, or urine as provided in division (A) of	2762
section 4511.19 of the Revised Code.	2763

(G)(1) Notwithstanding any other provision of law to the	2764
contrary, no law enforcement officer shall cause the operator of a	2765
motor vehicle being operated on any street or highway to stop the	2766
motor vehicle for the sole purpose of determining whether each	2767
occupant of the motor vehicle is wearing all of the available	2768
elements of a properly adjusted occupant restraining device as	2769
required by division (A) of this section, or for the sole purpose	2770
of issuing a ticket, citation, or summons if the requirement in	2771
that division has been or is being violated, or for causing the	2772
arrest of or commencing a prosecution of a person for a violation	2773
of that requirement.	2774

(2) Notwithstanding any other provision of law to the	2775
contrary, no law enforcement officer shall cause the operator of a	2776
motor vehicle being operated on any street or highway to stop the	2777
motor vehicle for the sole purpose of determining whether a	2778
violation of division (F)(2) of this section has been or is being	2779
committed or for the sole purpose of issuing a ticket, citation,	2780
or summons for such a violation or for causing the arrest of or	2781
commencing a prosecution of a person for such violation.	2782

(H) As used in this section:

2783

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

2784

(a) An instructor of a driver training course approved by the	2785
department of public safety;	2786

(b) Any of the following persons who holds a current valid	2787
driver's or commercial driver's license issued by this state:	2788

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

2789

(ii) A person twenty-one years of age or older who acts in	2790
loco parentis of the permit holder.	2791

(2) "Occupant restraining device" has the same meaning as in	2792
section 4513.263 of the Revised Code.	2793

(I) Whoever violates division (F)(1) or (2) of this section	2794
is guilty of a minor misdemeanor.	2795

Sec. 4507.23.  (A) Except as provided in division (J)(I) of	2796
this section, each application for a temporary instruction permit	2797
and examination shall be accompanied by a fee of five dollars.	2798

(B) Except as provided in division (J)(I) of this section,	2799
each application for a driver's license made by a person who	2800
previously held such a license and whose license has expired not	2801
more than two years prior to the date of application, and who is	2802
required under this chapter to give an actual demonstration of the	2803
person's ability to drive, shall be accompanied by a fee of three	2804
dollars in addition to any other fees.	2805

(C)(1) Except as provided in divisions (E) and (J)(I) of this	2806
section, each application for a driver's license, or motorcycle	2807
operator's endorsement, or renewal of a driver's license shall be	2808
accompanied by a fee of six dollars.	2809

(2) Except as provided in division (J)(I) of this section,	2810
each application for a duplicate driver's license shall be	2811
accompanied by a fee of seven dollars and fifty cents. The	2812
duplicate driver's licenses issued under this section shall be	2813
distributed by the deputy registrar in accordance with rules	2814
adopted by the registrar of motor vehicles.	2815

(D) Except as provided in division (J)(I) of this section,	2816
each application for a motorized bicycle license or duplicate	2817
thereof shall be accompanied by a fee of two dollars and fifty	2818
cents.	2819

(E) Except as provided in division (J)(I) of this section,	2820
each application for a driver's license or renewal of a driver's	2821
license that will be issued to a person who is less than	2822
twenty-one years of age shall be accompanied by whichever of the	2823
following fees is applicable:	2824

(1) If the person is sixteen years of age or older, but less	2825
than seventeen years of age, a fee of seven dollars and	2826
twenty-five cents;	2827

(2) If the person is seventeen years of age or older, but	2828
less than eighteen years of age, a fee of six dollars;	2829

(3) If the person is eighteen years of age or older, but less	2830
than nineteen years of age, a fee of four dollars and seventy-five	2831
cents;	2832

(4) If the person is nineteen years of age or older, but less	2833
than twenty years of age, a fee of three dollars and fifty cents;	2834

(5) If the person is twenty years of age or older, but less	2835
than twenty-one years of age, a fee of two dollars and twenty-five	2836
cents.	2837

(F) Neither the registrar nor any deputy registrar shall	2838
charge a fee in excess of one dollar and fifty cents for	2839
laminating a driver's license, motorized bicycle license, or	2840
temporary instruction permit identification cards as required by	2841
sections 4507.13 and 4511.521 of the Revised Code. A deputy	2842
registrar laminating a driver's license, motorized bicycle	2843
license, or temporary instruction permit identification cards	2844
shall retain the entire amount of the fee charged for lamination,	2845
less the actual cost to the registrar of the laminating materials	2846
used for that lamination, as specified in the contract executed by	2847
the bureau for the laminating materials and laminating equipment.	2848
The deputy registrar shall forward the amount of the cost of the	2849
laminating materials to the registrar for deposit as provided in	2850
this section.	2851

(G) Except as provided in division (J)(I) of this section and	2852
except for the renewal of a driver's license, commencing on	2853
October 1, 2003, each transaction described in divisions (A), (B),	2854
(C), (D), and (E) of this section shall be accompanied by an	2855
additional fee of twelve dollars. A transaction involving the	2856
renewal of a driver's license with an expiration date on or after	2857
that date shall be accompanied by an additional fee of twelve	2858
dollars. The additional fee is for the purpose of defraying the	2859
department of public safety's costs associated with the	2860
administration and enforcement of the motor vehicle and traffic	2861
laws of Ohio.	2862

(H) Except as provided in division (J) of this section,	2863
commencing on October 1, 2009, if an application for a driver's	2864
license or motorcycle operator's endorsement made by a person who	2865
previously held such a license is not applied for within the	2866
period specified in section 4507.09 of the Revised Code or within	2867
seven days after the period so specified, the registrar or deputy	2868
registrar shall collect a fee of twenty dollars for the issuance	2869
of the driver's license or motorcycle endorsement, but may waive	2870
the fee for good cause shown if the application is accompanied by	2871
supporting evidence as the registrar may require. The fee shall be	2872
in addition to all other fees established by this section. A	2873
deputy registrar collecting this twenty dollar fee shall retain	2874
fifty cents and send the remaining fee to the registrar as	2875
specified in division (I) of this section.	2876

(I) At the time and in the manner provided by section 4503.10	2877
of the Revised Code, the deputy registrar shall transmit the fees	2878
collected under divisions (A), (B), (C), (D), and (E), those	2879
portions of the fees specified in and collected under division	2880
(F), and the additional fee under divisionsdivision (G) and (H)	2881
of this section to the registrar. The registrar shall pay two	2882
dollars and fifty cents of each fee collected under divisions (A),	2883
(B), (C)(1) and (2), (D), and (E)(1) to (4) of this section, and	2884
the entire fee collected under division (E)(5) of this section,	2885
into the state highway safety fund established in section 4501.06	2886
of the Revised Code, and such fees shall be used for the sole	2887
purpose of supporting driver licensing activities. The registrar	2888
also shall pay five dollars of each fee collected under division	2889
(C)(2) of this section and the entire fee collected under	2890
divisionsdivision (G) and (H) of this section into the state	2891
highway safety fund created in section 4501.06 of the Revised	2892
Code. The remaining fees collected by the registrar under this	2893
section shall be paid into the state bureau of motor vehicles fund	2894
established in section 4501.25 of the Revised Code.	2895

(J)(I) A disabled veteran who has a service-connected	2896
disability rated at one hundred per cent by the veterans'	2897
administration may apply to the registrar or a deputy registrar	2898
for the issuance to that veteran, without the payment of any fee	2899
prescribed in this section, of any of the following items:	2900

(1) A temporary instruction permit and examination;

2901

(2) A new, renewal, or duplicate driver's or commercial	2902
driver's license;	2903

(3) A motorcycle operator's endorsement;

2904

(4) A motorized bicycle license or duplicate thereof;

2905

(5) The fee established in division (H) of this section;

2906

(6) Lamination of a driver's license, motorized bicycle	2907
license, or temporary instruction permit identification card as	2908
provided in division (F) of this section, if the circumstances	2909
specified in division (J)(6) of this section are met.	2910

A disabled veteran whose driver's license, motorized bicycle	2911
license, or temporary instruction permit identification card is	2912
laminated by the registrar or deputy registrar is not required to	2913
pay the registrar any lamination fee.	2914

An application made under division (J)(I) of this section	2915
shall be accompanied by such documentary evidence of disability as	2916
the registrar may require by rule.	2917

Sec. 4510.43.  (A)(1) The director of public safety, upon	2918
consultation with the director of health and in accordance with	2919
Chapter 119. of the Revised Code, shall certify immobilizing and	2920
disabling devices and, subject to section 4510.45 of the Revised	2921
Code, shall publish and make available to the courts, without	2922
charge, a list of licensed manufacturers of ignition interlock	2923
devices and approved devices together with information about the	2924
manufacturers of the devices and where they may be obtained. The	2925
manufacturer of an immobilizing or disabling device shall pay the	2926
cost of obtaining the certification of the device to the director	2927
of public safety, and the director shall deposit the payment in	2928
the drivers' treatment and interventionindigent drivers alcohol	2929
treatment fund established by sections 4511.19 andsection	2930
4511.191 of the Revised Code.	2931

(2) The director of public safety, in accordance with Chapter	2932
119. of the Revised Code, shall adopt and publish rules setting	2933
forth the requirements for obtaining the certification of an	2934
immobilizing or disabling device. The director of public safety	2935
shall not certify an immobilizing or disabling device under this	2936
section unless it meets the requirements specified and published	2937
by the director in the rules adopted pursuant to this division. A	2938
certified device may consist of an ignition interlock device, an	2939
ignition blocking device initiated by time or magnetic or	2940
electronic encoding, an activity monitor, or any other device that	2941
reasonably assures compliance with an order granting limited	2942
driving privileges. Ignition interlock devices shall be certified	2943
annually.	2944

The requirements for an immobilizing or disabling device that	2945
is an ignition interlock device shall require that the	2946
manufacturer of the device submit to the department of public	2947
safety a certificate from an independent testing laboratory	2948
indicating that the device meets or exceeds the standards of the	2949
national highway traffic safety administration, as defined in	2950
section 4511.19 of the Revised Code, that are in effect at the	2951
time of the director's decision regarding certification of the	2952
device, shall include provisions for setting a minimum and maximum	2953
calibration range, and shall include, but shall not be limited to,	2954
specifications that the device complies with all of the following:	2955

(a) It does not impede the safe operation of the vehicle.

2956

(b) It has features that make circumvention difficult and	2957
that do not interfere with the normal use of the vehicle, and the	2958
features are operating and functioning.	2959

(c) It correlates well with established measures of alcohol	2960
impairment.	2961

(d) It works accurately and reliably in an unsupervised	2962
environment.	2963

(e) It is resistant to tampering and shows evidence of	2964
tampering if tampering is attempted.	2965

(f) It is difficult to circumvent and requires premeditation	2966
to do so.	2967

(g) It minimizes inconvenience to a sober user.

2968

(h) It requires a proper, deep-lung breath sample or other	2969
accurate measure of the concentration by weight of alcohol in the	2970
breath.	2971

(i) It operates reliably over the range of automobile	2972
environments.	2973

(j) It is made by a manufacturer who is covered by product	2974
liability insurance.	2975

(3) The director of public safety may adopt, in whole or in	2976
part, the guidelines, rules, regulations, studies, or independent	2977
laboratory tests performed and relied upon by other states, or	2978
their agencies or commissions, in the certification or approval of	2979
immobilizing or disabling devices.	2980

(4) The director of public safety shall adopt rules in	2981
accordance with Chapter 119. of the Revised Code for the design of	2982
a warning label that shall be affixed to each immobilizing or	2983
disabling device upon installation. The label shall contain a	2984
warning that any person tampering, circumventing, or otherwise	2985
misusing the device is subject to a fine, imprisonment, or both	2986
and may be subject to civil liability.	2987

(B) A court considering the use of a prototype device in a	2988
pilot program shall advise the director of public safety, thirty	2989
days before the use, of the prototype device and its protocol,	2990
methodology, manufacturer, and licensor, lessor, other agent, or	2991
owner, and the length of the court's pilot program. A prototype	2992
device shall not be used for a violation of section 4510.14 or	2993
4511.19 of the Revised Code, a violation of a municipal OVI	2994
ordinance, or in relation to a suspension imposed under section	2995
4511.191 of the Revised Code. A court that uses a prototype device	2996
in a pilot program, periodically during the existence of the	2997
program and within fourteen days after termination of the program,	2998
shall report in writing to the director of public safety regarding	2999
the effectiveness of the prototype device and the program.	3000

(C) If a person has been granted limited driving privileges	3001
with a condition of the privileges being that the motor vehicle	3002
that is operated under the privileges must be equipped with an	3003
immobilizing or disabling device, the person may operate a motor	3004
vehicle that is owned by the person's employer only if the person	3005
is required to operate that motor vehicle in the course and scope	3006
of the offender's employment. Such a person may operate that	3007
vehicle without the installation of an immobilizing or disabling	3008
device, provided that the employer has been notified that the	3009
person has limited driving privileges and of the nature of the	3010
restriction and further provided that the person has proof of the	3011
employer's notification in the person's possession while operating	3012
the employer's vehicle for normal business duties. A motor vehicle	3013
owned by a business that is partly or entirely owned or controlled	3014
by a person with limited driving privileges is not a motor vehicle	3015
owned by an employer, for purposes of this division.	3016

Sec. 4511.108. The director of transportation shall adopt	3017
rules under Chapter 119. of the Revised Code to establish a	3018
traffic generator sign program and shall set forth in the traffic	3019
engineering manual the specifications for a uniform system of	3020
traffic generator signs and the criteria for participation in the	3021
program. The department of transportation shall operate,	3022
construct, and maintain the program. The director shall establish,	3023
and may revise at any time, an annual fee to be charged for a	3024
qualifying private business to participateparticipation in the	3025
traffic generator sign program. Money paid by the qualifying	3026
private businessprogram participants shall be remitted to the	3027
departmentdeposited into the state treasury to the credit of the	3028
highway operating fund.	3029

The director may contract with any person that applies to	3030
operate, construct, maintain, or market the traffic generator sign	3031
program. The contract may allow for a reasonable profit to be	3032
earned by the successful applicant. In awarding the contract, the	3033
director may consider the skill, expertise, prior experience, and	3034
other qualifications of each applicant.	3035

If the director determines that the department shall operate	3036
this program, all money collected from program participants shall	3037
be deposited and credited as prescribed in this section.	3038

Sec. 4511.53.  (A) For purposes of this section, "snowmobile"	3039
has the same meaning as given that term in section 4519.01 of the	3040
Revised Code.	3041

(B) No person operating a bicycle shall ride other than upon	3042
or astride the permanent and regular seat attached thereto or	3043
carry any other person upon such bicycle other than upon a firmly	3044
attached and regular seat thereon, and no person shall ride upon a	3045
bicycle other than upon such a firmly attached and regular seat.	3046

No person operating a motorcycle shall ride other than upon	3047
or astride the permanent and regular seat or saddle attached	3048
thereto, or carry any other person upon such motorcycle other than	3049
upon a firmly attached and regular seat or saddle thereon, and no	3050
person shall ride upon a motorcycle other than upon such a firmly	3051
attached and regular seat or saddle.	3052

No person shall ride upon a motorcycle that is equipped with	3053
a saddle other than while sitting astride the saddle, facing	3054
forward, with one leg on each side of the motorcycle.	3055

No person shall ride upon a motorcycle that is equipped with	3056
a seat other than while sitting upon the seat.	3057

No person operating a bicycle shall carry any package,	3058
bundle, or article that prevents the driver from keeping at least	3059
one hand upon the handle bars.	3060

No bicycle or motorcycle shall be used to carry more persons	3061
at one time than the number for which it is designed and equipped,	3062
nor shall any motorcycle be operated on a highway when the handle	3063
bars or grips are more than fifteen inches higher than the seat or	3064
saddle for the operator.	3065

No person shall operate or be a passenger on a snowmobile or	3066
motorcycle without using safety glasses or other protective eye	3067
device. No person who is under the age of eighteen years, or who	3068
holds a motorcycle operator's endorsement or license bearing a	3069
"novice" designation that is currently in effect as provided in	3070
section 4507.13 of the Revised Code, shall operate a motorcycle on	3071
a highway, or be a passenger on a motorcycle, unless wearing a	3072
protective helmet on the person's head, and no other person shall	3073
be a passenger on a motorcycle operated by such a person unless	3074
similarly wearing a protective helmet. The helmet, safety glasses,	3075
or other protective eye device shall conform with regulations	3076
prescribed and promulgatedrules adopted by the director of public	3077
safety. The provisions of this paragraph or a violation thereof	3078
shall not be used in the trial of any civil action.	3079

(C)(1) No person shall operate a motorcycle with a valid	3080
temporary instruction permit and temporary instruction permit	3081
identification card issued by the registrar of motor vehicles	3082
pursuant to section 4507.05 of the Revised Code unless the person,	3083
at the time of such operation, is wearing on the person's head a	3084
protective helmet that conforms with rules adopted by the	3085
director.	3086

(2) No person shall operate a motorcycle with a valid	3087
temporary instruction permit and temporary instruction permit	3088
identification card issued by the registrar pursuant to section	3089
4507.05 of the Revised Code in any of the following circumstances:	3090

(a) At any time when lighted lights are required by division	3091
(A)(1) of section 4513.03 of the Revised Code;	3092

(b) While carrying a passenger;

3093

(c) On any limited access highway.

3094

(D) Nothing in this section shall be construed as prohibiting	3095
the carrying of a child in a seat or trailer that is designed for	3096
carrying children and is firmly attached to the bicycle.	3097

(D)(E) Except as otherwise provided in this division, whoever	3098
violates this section is guilty of a minor misdemeanor. If, within	3099
one year of the offense, the offender previously has been	3100
convicted of or pleaded guilty to one predicate motor vehicle or	3101
traffic offense, whoever violates this section is guilty of a	3102
misdemeanor of the fourth degree. If, within one year of the	3103
offense, the offender previously has been convicted of two or more	3104
predicate motor vehicle or traffic offenses, whoever violates this	3105
section is guilty of a misdemeanor of the third degree.	3106

Sec. 4511.69.  (A) Every vehicle stopped or parked upon a	3107
roadway where there is an adjacent curb shall be stopped or parked	3108
with the right-hand wheels of the vehicle parallel with and not	3109
more than twelve inches from the right-hand curb, unless it is	3110
impossible to approach so close to the curb; in such case the stop	3111
shall be made as close to the curb as possible and only for the	3112
time necessary to discharge and receive passengers or to load or	3113
unload merchandise. Local authorities by ordinance may permit	3114
angle parking on any roadway under their jurisdiction, except that	3115
angle parking shall not be permitted on a state route within a	3116
municipal corporation unless an unoccupied roadway width of not	3117
less than twenty-five feet is available for free-moving traffic.	3118

(B) Local authorities by ordinance may permit parking of	3119
vehicles with the left-hand wheels adjacent to and within twelve	3120
inches of the left-hand curb of a one-way roadway.	3121

(C) No(1) Except as provided in division (C)(2) of this	3122
section, no vehicle or trackless trolley shall be stopped or	3123
parked on a road or highway with the vehicle or trackless trolley	3124
facing in a direction other than the direction of travel on that	3125
side of the road or highway.	3126

(2) The operator of a motorcycle may back the motorcycle into	3127
an angled parking space so that when the motorcycle is parked it	3128
is facing in a direction other than the direction of travel on the	3129
side of the road or highway.	3130

(D) Notwithstanding any statute or any rule, resolution, or	3131
ordinance adopted by any local authority, air compressors,	3132
tractors, trucks, and other equipment, while being used in the	3133
construction, reconstruction, installation, repair, or removal of	3134
facilities near, on, over, or under a street or highway, may stop,	3135
stand, or park where necessary in order to perform such work,	3136
provided a flagperson is on duty or warning signs or lights are	3137
displayed as may be prescribed by the director of transportation.	3138

(E) Special parking locations and privileges for persons with	3139
disabilities that limit or impair the ability to walk, also known	3140
as handicapped parking spaces or disability parking spaces, shall	3141
be provided and designated by all political subdivisions and by	3142
the state and all agencies and instrumentalities thereof at all	3143
offices and facilities, where parking is provided, whether owned,	3144
rented, or leased, and at all publicly owned parking garages. The	3145
locations shall be designated through the posting of an elevated	3146
sign, whether permanently affixed or movable, imprinted with the	3147
international symbol of access and shall be reasonably close to	3148
exits, entrances, elevators, and ramps. All elevated signs posted	3149
in accordance with this division and division (C) of section	3150
3781.111 of the Revised Code shall be mounted on a fixed or	3151
movable post, and the distance from the ground to the top edge of	3152
the sign shall measure five feet. If a new sign or a replacement	3153
sign designating a special parking location is posted on or after	3154
October 14, 1999, there also shall be affixed upon the surface of	3155
that sign or affixed next to the designating sign a notice that	3156
states the fine applicable for the offense of parking a motor	3157
vehicle in the special designated parking location if the motor	3158
vehicle is not legally entitled to be parked in that location.	3159

(F)(1) No person shall stop, stand, or park any motor vehicle	3160
at special parking locations provided under division (E) of this	3161
section or at special clearly marked parking locations provided in	3162
or on privately owned parking lots, parking garages, or other	3163
parking areas and designated in accordance with that division,	3164
unless one of the following applies:	3165

(a) The motor vehicle is being operated by or for the	3166
transport of a person with a disability that limits or impairs the	3167
ability to walk and is displaying a valid removable windshield	3168
placard or special license plates;	3169

(b) The motor vehicle is being operated by or for the	3170
transport of a handicapped person and is displaying a parking card	3171
or special handicapped license plates.	3172

(2) Any motor vehicle that is parked in a special marked	3173
parking location in violation of division (F)(1)(a) or (b) of this	3174
section may be towed or otherwise removed from the parking	3175
location by the law enforcement agency of the political	3176
subdivision in which the parking location is located. A motor	3177
vehicle that is so towed or removed shall not be released to its	3178
owner until the owner presents proof of ownership of the motor	3179
vehicle and pays all towing and storage fees normally imposed by	3180
that political subdivision for towing and storing motor vehicles.	3181
If the motor vehicle is a leased vehicle, it shall not be released	3182
to the lessee until the lessee presents proof that that person is	3183
the lessee of the motor vehicle and pays all towing and storage	3184
fees normally imposed by that political subdivision for towing and	3185
storing motor vehicles.	3186

(3) If a person is charged with a violation of division	3187
(F)(1)(a) or (b) of this section, it is an affirmative defense to	3188
the charge that the person suffered an injury not more than	3189
seventy-two hours prior to the time the person was issued the	3190
ticket or citation and that, because of the injury, the person	3191
meets at least one of the criteria contained in division (A)(1) of	3192
section 4503.44 of the Revised Code.	3193

(G) When a motor vehicle is being operated by or for the	3194
transport of a person with a disability that limits or impairs the	3195
ability to walk and is displaying a removable windshield placard	3196
or a temporary removable windshield placard or special license	3197
plates, or when a motor vehicle is being operated by or for the	3198
transport of a handicapped person and is displaying a parking card	3199
or special handicapped license plates, the motor vehicle is	3200
permitted to park for a period of two hours in excess of the legal	3201
parking period permitted by local authorities, except where local	3202
ordinances or police rules provide otherwise or where the vehicle	3203
is parked in such a manner as to be clearly a traffic hazard.	3204

(H) No owner of an office, facility, or parking garage where	3205
special parking locations are required to be designated in	3206
accordance with division (E) of this section shall fail to	3207
properly mark the special parking locations in accordance with	3208
that division or fail to maintain the markings of the special	3209
locations, including the erection and maintenance of the fixed or	3210
movable signs.	3211

(I) Nothing in this section shall be construed to require a	3212
person or organization to apply for a removable windshield placard	3213
or special license plates if the parking card or special license	3214
plates issued to the person or organization under prior law have	3215
not expired or been surrendered or revoked.	3216

(J)(1) Whoever violates division (A) or (C) of this section	3217
is guilty of a minor misdemeanor.	3218

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	3219
section is guilty of a misdemeanor and shall be punished as	3220
provided in division (J)(2)(a) and (b) of this section. Except as	3221
otherwise provided in division (J)(2)(a) of this section, an	3222
offender who violates division (F)(1)(a) or (b) of this section	3223
shall be fined not less than two hundred fifty nor more than five	3224
hundred dollars. An offender who violates division (F)(1)(a) or	3225
(b) of this section shall be fined not more than one hundred	3226
dollars if the offender, prior to sentencing, proves either of the	3227
following to the satisfaction of the court:	3228

(i) At the time of the violation of division (F)(1)(a) of	3229
this section, the offender or the person for whose transport the	3230
motor vehicle was being operated had been issued a removable	3231
windshield placard that then was valid or special license plates	3232
that then were valid but the offender or the person neglected to	3233
display the placard or license plates as described in division	3234
(F)(1)(a) of this section.	3235

(ii) At the time of the violation of division (F)(1)(b) of	3236
this section, the offender or the person for whose transport the	3237
motor vehicle was being operated had been issued a parking card	3238
that then was valid or special handicapped license plates that	3239
then were valid but the offender or the person neglected to	3240
display the card or license plates as described in division	3241
(F)(1)(b) of this section.	3242

(b) In no case shall an offender who violates division	3243
(F)(1)(a) or (b) of this section be sentenced to any term of	3244
imprisonment.	3245

An arrest or conviction for a violation of division (F)(1)(a)	3246
or (b) of this section does not constitute a criminal record and	3247
need not be reported by the person so arrested or convicted in	3248
response to any inquiries contained in any application for	3249
employment, license, or other right or privilege, or made in	3250
connection with the person's appearance as a witness.	3251

The clerk of the court shall pay every fine collected under	3252
division (J)(2) of this section to the political subdivision in	3253
which the violation occurred. Except as provided in division	3254
(J)(2) of this section, the political subdivision shall use the	3255
fine moneys it receives under division (J)(2) of this section to	3256
pay the expenses it incurs in complying with the signage and	3257
notice requirements contained in division (E) of this section. The	3258
political subdivision may use up to fifty per cent of each fine it	3259
receives under division (J)(2) of this section to pay the costs of	3260
educational, advocacy, support, and assistive technology programs	3261
for persons with disabilities, and for public improvements within	3262
the political subdivision that benefit or assist persons with	3263
disabilities, if governmental agencies or nonprofit organizations	3264
offer the programs.	3265

(3) Whoever violates division (H) of this section shall be	3266
punished as follows:	3267

(a) Except as otherwise provided in division (J)(3) of this	3268
section, the offender shall be issued a warning.	3269

(b) If the offender previously has been convicted of or	3270
pleaded guilty to a violation of division (H) of this section or	3271
of a municipal ordinance that is substantially similar to that	3272
division, the offender shall not be issued a warning but shall be	3273
fined not more than twenty-five dollars for each parking location	3274
that is not properly marked or whose markings are not properly	3275
maintained.	3276

(K) As used in this section:

3277

(1) "Handicapped person" means any person who has lost the	3278
use of one or both legs or one or both arms, who is blind, deaf,	3279
or so severely handicapped as to be unable to move without the aid	3280
of crutches or a wheelchair, or whose mobility is restricted by a	3281
permanent cardiovascular, pulmonary, or other handicapping	3282
condition.	3283

(2) "Person with a disability that limits or impairs the	3284
ability to walk" has the same meaning as in section 4503.44 of the	3285
Revised Code.	3286

(3) "Special license plates" and "removable windshield	3287
placard" mean any license plates or removable windshield placard	3288
or temporary removable windshield placard issued under section	3289
4503.41 or 4503.44 of the Revised Code, and also mean any	3290
substantially similar license plates or removable windshield	3291
placard or temporary removable windshield placard issued by a	3292
state, district, country, or sovereignty.	3293

Sec. 4513.24.  (A) No person shall drive any motor vehicle on	3294
a street or highway in this state, other than a motorcycle or	3295
motorized bicycle, that is not equipped with a windshield.	3296

(B)(1) No person shall drive any motor vehicle, other than a	3297
bus, with any sign, poster, or other nontransparent material upon	3298
the front windshield, sidewings, side, or rear windows of such	3299
vehicle other than a certificate or other paper required to be	3300
displayed by law, except that there may be in the lower left-hand	3301
or right-hand corner of the windshield a sign, poster, or decal	3302
not to exceed four inches in height by six inches in width. No	3303
sign, poster, or decal shall be displayed in the front windshield	3304
in such a manner as to conceal the vehicle identification number	3305
for the motor vehicle when, in accordance with federal law, that	3306
number is located inside the vehicle passenger compartment and so	3307
placed as to be readable through the vehicle glazing without	3308
moving any part of the vehicle.	3309

(2) Division (B)(1) of this section does not apply to a	3310
person who is driving a motor vehicle while using an electronic	3311
device, including an antenna, electronic tolling or other	3312
transponder, camera, directional navigation device, or other	3313
similar electronic device if the device meets all of the	3314
following:	3315

(a) It does not restrict the vehicle operator's sight lines	3316
to the road and highway signs and signals.	3317

(b) If it is located in the upper edge of the windshield, it	3318
does not extend more than six inches below the upper edge of the	3319
windshield and is outside the area swept by the vehicle's	3320
windshield wipers.	3321

(c) It does not conceal the vehicle identification number.

3322

(C) The windshield on every motor vehicle, streetcar, and	3323
trackless trolley shall be equipped with a device for cleaning	3324
rain, snow, or other moisture from the windshield. The device	3325
shall be maintained in good working order and so constructed as to	3326
be controlled or operated by the operator of the vehicle,	3327
streetcar, or trackless trolley.	3328

(D) Whoever violates this section is guilty of a minor	3329
misdemeanor.	3330

Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of the	3331
Revised Code:	3332

(A) "Persons" includes individuals, firms, partnerships,	3333
associations, joint stock companies, corporations, and any	3334
combinations of individuals.	3335

(B) "Motor vehicle" means motor vehicle as defined in section	3336
4501.01 of the Revised Code and also includes "all-purpose	3337
vehicle" and "off-highway motorcycle" as those terms are defined	3338
in section 4519.01 of the Revised Code. "Motor vehicle" does not	3339
include a snowmobile as defined in section 4519.01 of the Revised	3340
Code or manufactured and mobile homes.	3341

(C) "New motor vehicle" means a motor vehicle, the legal	3342
title to which has never been transferred by a manufacturer,	3343
remanufacturer, distributor, or dealer to an ultimate purchaser.	3344

(D) "Ultimate purchaser" means, with respect to any new motor	3345
vehicle, the first person, other than a dealer purchasing in the	3346
capacity of a dealer, who in good faith purchases such new motor	3347
vehicle for purposes other than resale.	3348

(E) "Business" includes any activities engaged in by any	3349
person for the object of gain, benefit, or advantage either direct	3350
or indirect.	3351

(F) "Engaging in business" means commencing, conducting, or	3352
continuing in business, or liquidating a business when the	3353
liquidator thereof holds self out to be conducting such business;	3354
making a casual sale or otherwise making transfers in the ordinary	3355
course of business when the transfers are made in connection with	3356
the disposition of all or substantially all of the transferor's	3357
assets is not engaging in business.	3358

(G) "Retail sale" or "sale at retail" means the act or	3359
attempted act of selling, bartering, exchanging, or otherwise	3360
disposing of a motor vehicle to an ultimate purchaser for use as a	3361
consumer.	3362

(H) "Retail installment contract" includes any contract in	3363
the form of a note, chattel mortgage, conditional sales contract,	3364
lease, agreement, or other instrument payable in one or more	3365
installments over a period of time and arising out of the retail	3366
sale of a motor vehicle.	3367

(I) "Farm machinery" means all machines and tools used in the	3368
production, harvesting, and care of farm products.	3369

(J) "Dealer" or "motor vehicle dealer" means any new motor	3370
vehicle dealer, any motor vehicle leasing dealer, and any used	3371
motor vehicle dealer.	3372

(K) "New motor vehicle dealer" means any person engaged in	3373
the business of selling at retail, displaying, offering for sale,	3374
or dealing in new motor vehicles pursuant to a contract or	3375
agreement entered into with the manufacturer, remanufacturer, or	3376
distributor of the motor vehicles.	3377

(L) "Used motor vehicle dealer" means any person engaged in	3378
the business of selling, displaying, offering for sale, or dealing	3379
in used motor vehicles, at retail or wholesale, but does not mean	3380
any new motor vehicle dealer selling, displaying, offering for	3381
sale, or dealing in used motor vehicles incidentally to engaging	3382
in the business of selling, displaying, offering for sale, or	3383
dealing in new motor vehicles, any person engaged in the business	3384
of dismantling, salvaging, or rebuilding motor vehicles by means	3385
of using used parts, or any public officer performing official	3386
duties.	3387

(M) "Motor vehicle leasing dealer" means any person engaged	3388
in the business of regularly making available, offering to make	3389
available, or arranging for another person to use a motor vehicle	3390
pursuant to a bailment, lease, sublease, or other contractual	3391
arrangement under which a charge is made for its use at a periodic	3392
rate for a term of thirty days or more, and title to the motor	3393
vehicle is in and remains in the motor vehicle leasing dealer who	3394
originally leases it, irrespective of whether or not the motor	3395
vehicle is the subject of a later sublease, and not in the user,	3396
but does not mean a manufacturer or its affiliate leasing to its	3397
employees or to dealers.	3398

(N) "Salesperson" means any person employed by a dealer or	3399
manufactured home broker to sell, display, and offer for sale, or	3400
deal in motor vehicles for a commission, compensation, or other	3401
valuable consideration, but does not mean any public officer	3402
performing official duties.	3403

(O) "Casual sale" means any transfer of a motor vehicle by a	3404
person other than a new motor vehicle dealer, used motor vehicle	3405
dealer, motor vehicle salvage dealer, as defined in division (A)	3406
of section 4738.01 of the Revised Code, salesperson, motor vehicle	3407
auction owner, manufacturer, or distributor acting in the capacity	3408
of a dealer, salesperson, auction owner, manufacturer, or	3409
distributor, to a person who purchases the motor vehicle for use	3410
as a consumer.	3411

(P) "Motor vehicle show" means a display of current models of	3412
motor vehicles whereby the primary purpose is the exhibition of	3413
competitive makes and models in order to provide the general	3414
public the opportunity to review and inspect various makes and	3415
models of motor vehicles at a single location.	3416

(Q) "Motor vehicle auction owner" means any person who is	3417
engaged wholly or in part in the business of auctioning motor	3418
vehicles, but does not mean a construction equipment auctioneer or	3419
a construction equipment auction licensee.	3420

(R) "Manufacturer" means a person who manufactures,	3421
assembles, or imports motor vehicles, including motor homes, but	3422
does not mean a person who only assembles or installs a body,	3423
special equipment unit, finishing trim, or accessories on a motor	3424
vehicle chassis supplied by a manufacturer or distributor.	3425

(S) "Tent-type fold-out camping trailer" means any vehicle	3426
intended to be used, when stationary, as a temporary shelter with	3427
living and sleeping facilities, and that is subject to the	3428
following properties and limitations:	3429

(1) A minimum of twenty-five per cent of the fold-out portion	3430
of the top and sidewalls combined must be constructed of canvas,	3431
vinyl, or other fabric, and form an integral part of the shelter.	3432

(2) When folded, the unit must not exceed:

3433

(a) Fifteen feet in length, exclusive of bumper and tongue;

3434

(b) Sixty inches in height from the point of contact with the	3435
ground;	3436

(c) Eight feet in width;

3437

(d) One ton gross weight at time of sale.

3438

(T) "Distributor" means any person authorized by a motor	3439
vehicle manufacturer to distribute new motor vehicles to licensed	3440
new motor vehicle dealers, but does not mean a person who only	3441
assembles or installs a body, special equipment unit, finishing	3442
trim, or accessories on a motor vehicle chassis supplied by a	3443
manufacturer or distributor.	3444

(U) "Flea market" means a market place, other than a dealer's	3445
location licensed under this chapter, where a space or location is	3446
provided for a fee or compensation to a seller to exhibit and	3447
offer for sale or trade, motor vehicles to the general public.	3448

(V) "Franchise" means any written agreement, contract, or	3449
understanding between any motor vehicle manufacturer or	3450
remanufacturer engaged in commerce and any motor vehicle dealer	3451
that purports to fix the legal rights and liabilities of the	3452
parties to such agreement, contract, or understanding.	3453

(W) "Franchisee" means a person who receives new motor	3454
vehicles from the franchisor under a franchise agreement and who	3455
offers, sells, and provides service for such new motor vehicles to	3456
the general public.	3457

(X) "Franchisor" means a new motor vehicle manufacturer,	3458
remanufacturer, or distributor who supplies new motor vehicles	3459
under a franchise agreement to a franchisee.	3460

(Y) "Dealer organization" means a state or local trade	3461
association the membership of which is comprised predominantly of	3462
new motor vehicle dealers.	3463

(Z) "Factory representative" means a representative employed	3464
by a manufacturer, remanufacturer, or by a factory branch	3465
primarily for the purpose of promoting the sale of its motor	3466
vehicles, parts, or accessories to dealers or for supervising or	3467
contacting its dealers or prospective dealers.	3468

(AA) "Administrative or executive management" means those	3469
individuals who are not subject to federal wage and hour laws.	3470

(BB) "Good faith" means honesty in the conduct or transaction	3471
concerned and the observance of reasonable commercial standards of	3472
fair dealing in the trade as is defined in division (S) of section	3473
1301.01 of the Revised Code, including, but not limited to, the	3474
duty to act in a fair and equitable manner so as to guarantee	3475
freedom from coercion, intimidation, or threats of coercion or	3476
intimidation; provided however, that recommendation, endorsement,	3477
exposition, persuasion, urging, or argument shall not be	3478
considered to constitute a lack of good faith.	3479

(CC) "Coerce" means to compel or attempt to compel by failing	3480
to act in good faith or by threat of economic harm, breach of	3481
contract, or other adverse consequences. Coerce does not mean to	3482
argue, urge, recommend, or persuade.	3483

(DD) "Relevant market area" means any area within a radius of	3484
ten miles from the site of a potential new dealership, except that	3485
for manufactured home or recreational vehicle dealerships the	3486
radius shall be twenty-five miles. The ten-mile radius shall be	3487
measured from the dealer's established place of business that is	3488
used exclusively for the purpose of selling, displaying, offering	3489
for sale, or dealing in motor vehicles.	3490

(EE) "Wholesale" or "at wholesale" means the act or attempted	3491
act of selling, bartering, exchanging, or otherwise disposing of a	3492
motor vehicle to a transferee for the purpose of resale and not	3493
for ultimate consumption by that transferee.	3494

(FF) "Motor vehicle wholesaler" means any person licensed as	3495
a dealer under the laws of another state and engaged in the	3496
business of selling, displaying, or offering for sale used motor	3497
vehicles, at wholesale, but does not mean any motor vehicle dealer	3498
as defined in this section.	3499

(GG)(1) "Remanufacturer" means a person who assembles or	3500
installs passenger seating, walls, a roof elevation, or a body	3501
extension on a conversion van with the motor vehicle chassis	3502
supplied by a manufacturer or distributor, a person who modifies a	3503
truck chassis supplied by a manufacturer or distributor for use as	3504
a public safety or public service vehicle, a person who modifies a	3505
motor vehicle chassis supplied by a manufacturer or distributor	3506
for use as a limousine or hearse, or a person who modifies an	3507
incomplete motor vehicle cab and chassis supplied by a new motor	3508
vehicle dealer or distributor for use as a tow truck, but does not	3509
mean either of the following:	3510

(a) A person who assembles or installs passenger seating, a	3511
roof elevation, or a body extension on a recreational vehicle as	3512
defined in division (Q) and referred to in division (B) of section	3513
4501.01 of the Revised Code;	3514

(b) A person who assembles or installs special equipment or	3515
accessories for handicapped persons, as defined in section 4503.44	3516
of the Revised Code, upon a motor vehicle chassis supplied by a	3517
manufacturer or distributor.	3518

(2) For the purposes of division (GG)(1) of this section,	3519
"public safety vehicle or public service vehicle" means a fire	3520
truck, ambulance, school bus, street sweeper, garbage packing	3521
truck, or cement mixer, or a mobile self-contained facility	3522
vehicle.	3523

(3) For the purposes of division (GG)(1) of this section,	3524
"limousine" means a motor vehicle, designed only for the purpose	3525
of carrying nine or fewer passengers, that a person modifies by	3526
cutting the original chassis, lengthening the wheelbase by forty	3527
inches or more, and reinforcing the chassis in such a way that all	3528
modifications comply with all applicable federal motor vehicle	3529
safety standards. No person shall qualify as or be deemed to be a	3530
remanufacturer who produces limousines unless the person has a	3531
written agreement with the manufacturer of the chassis the person	3532
utilizes to produce the limousines to complete properly the	3533
remanufacture of the chassis into limousines.	3534

(4) For the purposes of division (GG)(1) of this section,	3535
"hearse" means a motor vehicle, designed only for the purpose of	3536
transporting a single casket, that is equipped with a compartment	3537
designed specifically to carry a single casket that a person	3538
modifies by cutting the original chassis, lengthening the	3539
wheelbase by ten inches or more, and reinforcing the chassis in	3540
such a way that all modifications comply with all applicable	3541
federal motor vehicle safety standards. No person shall qualify as	3542
or be deemed to be a remanufacturer who produces hearses unless	3543
the person has a written agreement with the manufacturer of the	3544
chassis the person utilizes to produce the hearses to complete	3545
properly the remanufacture of the chassis into hearses.	3546

(5) For the purposes of division (GG)(1) of this section,	3547
"mobile self-contained facility vehicle" means a mobile classroom	3548
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	3549
testing laboratory, and mobile display vehicle, each of which is	3550
designed for purposes other than for passenger transportation and	3551
other than the transportation or displacement of cargo, freight,	3552
materials, or merchandise. A vehicle is remanufactured into a	3553
mobile self-contained facility vehicle in part by the addition of	3554
insulation to the body shell, and installation of all of the	3555
following: a generator, electrical wiring, plumbing, holding	3556
tanks, doors, windows, cabinets, shelving, and heating,	3557
ventilating, and air conditioning systems.	3558

(6) For the purposes of division (GG)(1) of this section,	3559
"tow truck" means both of the following:	3560

(a) An incomplete cab and chassis that are purchased by a	3561
remanufacturer from a new motor vehicle dealer or distributor of	3562
the cab and chassis and on which the remanufacturer then installs	3563
in a permanent manner a wrecker body it purchases from a	3564
manufacturer or distributor of wrecker bodies, installs an	3565
emergency flashing light pylon and emergency lights upon the mast	3566
of the wrecker body or rooftop, and installs such other related	3567
accessories and equipment, including push bumpers, front grille	3568
guards with pads and other custom-ordered items such as painting,	3569
special lettering, and safety striping so as to create a complete	3570
motor vehicle capable of lifting and towing another motor vehicle.	3571

(b) An incomplete cab and chassis that are purchased by a	3572
remanufacturer from a new motor vehicle dealer or distributor of	3573
the cab and chassis and on which the remanufacturer then installs	3574
in a permanent manner a car carrier body it purchases from a	3575
manufacturer or distributor of car carrier bodies, installs an	3576
emergency flashing light pylon and emergency lights upon the	3577
rooftop, and installs such other related accessories and	3578
equipment, including push bumpers, front grille guards with pads	3579
and other custom-ordered items such as painting, special	3580
lettering, and safety striping.	3581

As used in division (GG)(6)(b) of this section, "car carrier	3582
body" means a mechanical or hydraulic apparatus capable of lifting	3583
and holding a motor vehicle on a flat level surface so that one or	3584
more motor vehicles can be transported, once the car carrier is	3585
permanently installed upon an incomplete cab and chassis.	3586

(HH) "Operating as a new motor vehicle dealership" means	3587
engaging in activities such as displaying, offering for sale, and	3588
selling new motor vehicles at retail, operating a service facility	3589
to perform repairs and maintenance on motor vehicles, offering for	3590
sale and selling motor vehicle parts at retail, and conducting all	3591
other acts that are usual and customary to the operation of a new	3592
motor vehicle dealership. For the purposes of this chapter only,	3593
possession of either a valid new motor vehicle dealer franchise	3594
agreement or a new motor vehicle dealers license, or both of these	3595
items, is not evidence that a person is operating as a new motor	3596
vehicle dealership.	3597

(II) "Outdoor power equipment" means garden and small utility	3598
tractors, walk-behind and riding mowers, chainsaws, and tillers.	3599

(JJ) "Remote service facility" means premises that are	3600
separate from a licensed new motor vehicle dealer's sales facility	3601
by not more than one mile and that are used by the dealer to	3602
perform repairs, warranty work, recall work, and maintenance on	3603
motor vehicles pursuant to a franchise agreement entered into with	3604
a manufacturer of motor vehicles. A remote service facility shall	3605
be deemed to be part of the franchise agreement and is subject to	3606
all the rights, duties, obligations, and requirements of Chapter	3607
4517. of the Revised Code that relate to the performance of motor	3608
vehicle repairs, warranty work, recall work, and maintenance work	3609
by new motor vehicle dealers.	3610

(KK) "Recreational vehicle" has the same meaning as in	3611
section 4501.01 of the Revised Code.	3612

(LL) "Construction equipment auctioneer" means a person who	3613
holds both a valid auctioneer's license issued under Chapter 4707.	3614
of the Revised Code and a valid construction equipment auction	3615
license issued under this chapter.	3616

(MM) "Large construction or transportation equipment" means	3617
vehicles having a gross vehicle weight rating of more than ten	3618
thousand pounds and includes road rollers, traction engines, power	3619
shovels, power cranes, commercial cars and trucks, or farm trucks,	3620
and other similar vehicles obtained primarily from the	3621
construction, mining, transportation or farming industries.	3622

Sec. 4517.02.  (A) Except as otherwise provided in this	3623
section, no person shall do any of the following:	3624

(1) Engage in the business of displaying or selling at retail	3625
new motor vehicles or assume to engage in that business, unless	3626
the person is licensed as a new motor vehicle dealer under	3627
sections 4517.01 to 4517.45 of the Revised Code, or is a	3628
salesperson licensed under those sections and employed by a	3629
licensed new motor vehicle dealer;	3630

(2) Engage in the business of offering for sale, displaying	3631
for sale, or selling at retail or wholesale used motor vehicles or	3632
assume to engage in that business, unless the person is licensed	3633
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	3634
or is a salesperson licensed under those sections and employed by	3635
a licensed used motor vehicle dealer or licensed new motor vehicle	3636
dealer, or the person holds a construction equipment auction	3637
license issued under section 4517.17 of the Revised Code;	3638

(3) Engage in the business of regularly making available,	3639
offering to make available, or arranging for another person to use	3640
a motor vehicle, in the manner described in division (M) of	3641
section 4517.01 of the Revised Code, unless the person is licensed	3642
as a motor vehicle leasing dealer under sections 4517.01 to	3643
4517.45 of the Revised Code;	3644

(4) Engage in the business of motor vehicle auctioning or	3645
assume to engage in that business, unless the person is licensed	3646
as a motor vehicle auction owner under sections 4517.01 to 4517.45	3647
of the Revised Code and the person uses an auctioneer who is	3648
licensed under Chapter 4707. of the Revised Code to conduct the	3649
motor vehicle auctions or the person holds a construction	3650
equipment auction license issued under section 4517.17 of the	3651
Revised Code;	3652

(5) Engage in the business of distributing motor vehicles or	3653
assume to engage in that business, unless the person is licensed	3654
as a distributor under sections 4517.01 to 4517.45 of the Revised	3655
Code;	3656

(6) Make more than five casual sales of motor vehicles in a	3657
twelve-month period, commencing with the day of the month in which	3658
the first such sale is made, nor provide a location or space for	3659
the sale of motor vehicles at a flea market, without obtaining a	3660
license as a dealer under sections 4517.01 to 4517.45 of the	3661
Revised Code, provided that nothing in this section shall be	3662
construed to prohibit the disposition without a license of a motor	3663
vehicle originally acquired and held for purposes other than sale,	3664
rental, or lease to an employee, retiree, officer, or director of	3665
the person making the disposition, to a corporation affiliated	3666
with the person making the disposition, or to a person licensed	3667
under sections 4517.01 to 4517.45 of the Revised Code;	3668

(7) Engage in the business of auctioning large construction	3669
or transportation equipment and motor vehicles incident thereto,	3670
unless the person is a construction equipment auctioneer or the	3671
person is licensed as a motor vehicle auction owner and the person	3672
uses an auctioneer who is licensed under Chapter 4707. of the	3673
Revised Code to conduct the auction.	3674

(B) Nothing in this section shall be construed to require an	3675
auctioneer licensed under sections 4707.01 to 4707.19 of the	3676
Revised Code, to obtain a motor vehicle salesperson's license	3677
under sections 4517.01 to 4517.45 of the Revised Code when	3678
conducting an auction sale for a licensed motor vehicle dealer on	3679
the dealer's premises, or when conducting an auction sale for a	3680
licensed motor vehicle auction owner; nor shall such an auctioneer	3681
be required to obtain a motor vehicle auction owner's license	3682
under sections 4517.01 to 4517.45 of the Revised Code when engaged	3683
in auctioning for a licensed motor vehicle auction owner.	3684

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	3685
apply to any of the following:	3686

(1) Persons engaging in the business of selling commercial	3687
tractors, trailers, or semitrailers incidentally to engaging	3688
primarily in business other than the selling or leasing of motor	3689
vehicles;	3690

(2) Mortgagees selling at retail only those motor vehicles	3691
that have come into their possession by a default in the terms of	3692
a mortgage contract;	3693

(3) The leasing, rental, and interchange of motor vehicles	3694
used directly in the rendition of a public utility service by	3695
regulated motor carriers.	3696

(D) When a partnership licensed under sections 4517.01 to	3697
4517.45 of the Revised Code is dissolved by death, the surviving	3698
partners may operate under the license for a period of sixty days,	3699
and the heirs or representatives of deceased persons and receivers	3700
or trustees in bankruptcy appointed by any competent authority may	3701
operate under the license of the person succeeded in possession by	3702
that heir, representative, receiver, or trustee in bankruptcy.	3703

(E) No remanufacturer shall engage in the business of selling	3704
at retail any new motor vehicle without having written authority	3705
from the manufacturer or distributor of the vehicle to sell new	3706
motor vehicles and to perform repairs under the terms of the	3707
manufacturer's or distributor's new motor vehicle warranty,	3708
unless, at the time of the sale of the vehicle, each customer is	3709
furnished with a binding agreement ensuring that the customer has	3710
the right to have the vehicle serviced or repaired by a new motor	3711
vehicle dealer who is franchised to sell and service vehicles of	3712
the same line-make as the chassis of the remanufactured vehicle	3713
purchased by the customer and whose service or repair facility is	3714
located within either twenty miles of the remanufacturer's	3715
location and place of business or twenty miles of the customer's	3716
residence or place of business. If there is no such new motor	3717
vehicle dealer located within twenty miles of the remanufacturer's	3718
location and place of business or the customer's residence or	3719
place of business, the binding agreement furnished to the customer	3720
may be with the new motor vehicle dealer who is franchised to sell	3721
and service vehicles of the same line-make as the chassis of the	3722
remanufactured vehicle purchased by the customer and whose service	3723
or repair facility is located nearest to the remanufacturer's	3724
location and place of business or the customer's residence or	3725
place of business. Additionally, at the time of sale of any	3726
vehicle, each customer of the remanufacturer shall be furnished	3727
with a warranty issued by the remanufacturer for a term of at	3728
least one year.	3729

(F) Except as otherwise provided in this division, whoever	3730
violates this section is guilty of a minor misdemeanor and shall	3731
be subject to a mandatory fine of one hundred dollars. If the	3732
offender previously has been convicted of or pleaded guilty to a	3733
violation of this section, whoever violates this section is guilty	3734
of a misdemeanor of the first degree and shall be subject to a	3735
mandatory fine of one thousand dollars.	3736

Sec. 4517.16.  A person is eligible for a construction	3737
equipment auction license under section 4517.17 of the Revised	3738
Code if the person meets all of the following requirements:	3739

(A) Maintains a primary permanent auction site within this	3740
state that is at least ninety acres in size and maintains over	3741
sixty thousand square feet of total facility space;	3742

(B) Is engaged primarily in the business of selling large	3743
construction and transportation equipment at auction, receives	3744
more than one million dollars in gross annual sales in this state,	3745
and derives not more than ten per cent of the person's gross	3746
annual sales revenue from the sale of motor vehicles having a	3747
gross vehicle weight rating of ten thousand pounds or less to	3748
buyers domiciled or having their principal place of business in	3749
Ohio.	3750

Sec. 4517.17.  (A) Each person applying for a construction	3751
equipment auction license shall make out and deliver an	3752
application to the registrar of motor vehicles, upon a form	3753
furnished by the registrar for that purpose. The application shall	3754
be signed and sworn to by the applicant and shall include such	3755
information as the registrar may require by rule.	3756

(B) The registrar shall issue a construction equipment	3757
auction license to any applicant who meets the requirements of	3758
this section and section 4517.16 of the Revised Code and pays the	3759
fee required by this section.	3760

(C) A construction equipment auction license shall expire	3761
five years after the date of issuance unless sooner revoked. The	3762
fee for a construction equipment auction license shall be seven	3763
thousand five hundred dollars and shall accompany the application.	3764
The registrar shall deposit all fees received under this section	3765
into the state treasury to the credit of the state bureau of motor	3766
vehicles fund established by section 4501.25 of the Revised Code.	3767

(D) In accordance with Chapter 119. of the Revised Code, the	3768
registrar shall adopt rules necessary for the regulation of	3769
construction equipment auction sales and licensees.	3770

(E) At the time the registrar grants the application of any	3771
person for a construction equipment auction license, the registrar	3772
shall issue to the person a license, which shall include the name	3773
and post-office address of the person licensed.	3774

(F) The business records of a construction equipment auction	3775
licensee shall be open for reasonable inspection by the registrar	3776
or the registrar's authorized agent.	3777

(G) Each construction equipment auction licensee shall keep	3778
the license, or a certified copy of the license, posted in a	3779
conspicuous place in each place of its business.	3780

Sec. 4517.171.  (A) The registrar of motor vehicles shall	3781
deny the application of any person for a construction equipment	3782
auction license or may revoke a license previously issued if the	3783
registrar finds that the person:	3784

(1) Is not eligible for the license pursuant to section	3785
4517.16 of the Revised Code;	3786

(2) Has made any false statement of a material fact in the	3787
application;	3788

(3) Is of bad business repute or has habitually defaulted on	3789
financial obligations;	3790

(4) Has been guilty of a fraudulent act in connection with	3791
selling or otherwise dealing in auctions, vehicles, or equipment;	3792

(5) Is insolvent;

3793

(6) Is of insufficient responsibility to ensure the prompt	3794
payment of any final judgments that might reasonably be entered	3795
against the applicant because of the transaction of the	3796
construction equipment auction business during the period of the	3797
license applied for, or has failed to satisfy any such judgment.	3798

(B) Any person who has been denied a license or has had a	3799
license revoked under this section may appeal from the action of	3800
the registrar to the motor vehicle dealers board in the manner	3801
provided in section 4517.33 of the Revised Code.	3802

Sec. 4517.18.  (A) A construction equipment auction licensee	3803
may hold not more than seven auctions per year in this state,	3804
including auctions at the permanent auction site and at any other	3805
location in this state, to sell at auction large construction or	3806
transportation equipment and shall do all of the following:	3807

(1) Have title present for all vehicles to be sold by	3808
auction;	3809

(2) Except as provided in division (B) of this section, sell,	3810
at auction, only vehicles with a gross vehicle weight rating of	3811
more than ten thousand pounds;	3812

(3) File with the bureau of motor vehicles on an annual basis	3813
a certification stating the gross proceeds generated from auctions	3814
held at the auction site during the prior calendar year and the	3815
gross proceeds generated from the sale of motor vehicles having a	3816
gross vehicle weight rating of ten thousand pounds or less during	3817
such year.	3818

(B)(1) A construction equipment auctioneer may sell, at	3819
auction, motor vehicles having a gross vehicle weight rating of	3820
ten thousand pounds or less, only if the construction equipment	3821
auctioneer complies with all applicable provisions of Chapter	3822
4505. of the Revised Code concerning the titling of such vehicles,	3823
Chapter 5739. of the Revised Code concerning the withholding and	3824
payment of sales taxes in connection with the sale of such motor	3825
vehicles, and Chapter 5751. of the Revised Code concerning the	3826
payment of commercial activity taxes on the sale of such motor	3827
vehicles in the same manner as a motor vehicle dealer, including	3828
transferring title to such vehicles to the licensee's name prior	3829
including to the auction.	3830

(2) A construction equipment auction licensee who sells motor	3831
vehicles having a gross vehicle weight rating of ten thousand	3832
pounds or less is not required to comply with section 4517.03,	3833
4517.20, 4517.21, or 4517.22 of the Revised Code, or any	3834
provisions of the Ohio Administrative Code adopted pursuant to	3835
such provisions.	3836

(C) No construction equipment auction licensee shall do any	3837
of the following:	3838

(1) Sell vehicles with a manufacturer's statement of origin	3839
only unless authorized by the vehicle manufacturer;	3840

(2) Hold any additional motor vehicle dealer licenses issued	3841
by this state at the same time as holding a construction equipment	3842
auction license;	3843

(3) Sell at auction a motor vehicle having a gross vehicle	3844
weight rating of ten thousand pounds or less unless the owner of	3845
such motor vehicle also sells large construction or transportation	3846
equipment through the construction equipment auction licensee.	3847

(D) Whoever violates this section is guilty of a minor	3848
misdemeanor on a first offense and a misdemeanor of the fourth	3849
degree on subsequent offenses. In addition, the court shall impose	3850
on the offender a fine of up to ten thousand dollars.	3851

Sec. 4517.33.  The motor vehicle dealers board shall hear	3852
appeals which may be taken from an order of the registrar of motor	3853
vehicles, refusing to issue a license. All appeals from any order	3854
of the registrar refusing to issue any license upon proper	3855
application must be taken within thirty days from the date of the	3856
order, or the order is final and conclusive. All appeals from	3857
orders of the registrar must be by petition in writing and	3858
verified under oath by the applicant whose application for license	3859
has been denied, and must set forth the reason for the appeal and	3860
the reason why, in the petitioner's opinion, the order of the	3861
registrar is not correct. In such appeals the board may make	3862
investigation to determine the correctness and legality of the	3863
order of the registrar.	3864

The board may make rules governing its actions relative to	3865
the suspension and revocation of dealers', motor vehicle leasing	3866
dealers', distributors', auction owners', and salespersons', and	3867
construction equipment auction licenses, and may, upon its own	3868
motion, and shall, upon the verified complaint in writing of any	3869
person, investigate the conduct of any licensee under sections	3870
4517.01 to 4517.65 of the Revised Code. The board shall suspend or	3871
revoke or notify the registrar to refuse to renew any dealer's,	3872
motor vehicle leasing dealer's, distributor's, auction owner's, or	3873
salesperson's, or construction equipment auction license, if any	3874
ground existed upon which the license might have been refused, or	3875
if a ground exists that would be cause for refusal to issue a	3876
license.	3877

The board may suspend or revoke any license if the licensee	3878
has in any manner violated the rules issued pursuant to sections	3879
4517.01 to 4517.65 of the Revised Code, or has violated section	3880
4501.02 of the Revised Code, or has been convicted of committing a	3881
felony or violating any law that in any way relates to the	3882
selling, taxing, licensing, or regulation of sales of motor	3883
vehicles.	3884

Sec. 4582.12.  (A)(1) Except as otherwise provided in	3885
division (E) of section 307.671 of the Revised Code, division (A)	3886
of this section does not apply to a port authority educational and	3887
cultural facility acquired, constructed, and equipped pursuant to	3888
a cooperative agreement entered into under section 307.671 of the	3889
Revised Code.	3890

(2)(a) Except as provided in division (C) of this section,	3891
when the cost of a contract for the construction of any building,	3892
structure, or other improvement undertaken by a port authority	3893
involves an expenditure exceeding twenty-fivethe higher of one	3894
hundred thousand dollars or the amount as adjusted under division	3895
(A)(2)(b) of this section and the port authority is the	3896
contracting entity, the port authority shall make a written	3897
contract after notice calling for bids for the award of the	3898
contract has been given by publication twice, with at least seven	3899
days between publications, in a newspaper of general circulation	3900
in the area of the jurisdiction of the port authority. Each such	3901
contract shall be let to the lowest responsive and responsible	3902
bidder in accordance with section 9.312 of the Revised Code. Every	3903
contract let shall be in writing and if the contract involves work	3904
or construction, it shall be accompanied by or shall refer to	3905
plans and specifications for the work to be done, prepared for and	3906
approved by the port authority, signed by an authorized officer of	3907
the port authority and by the contractor, and shall be executed in	3908
triplicate.	3909

Each bid shall be awarded in accordance with sections 153.54,	3910
153.57, and 153.571 of the Revised Code.	3911

The port authority may reject any and all bids.

3912

(b) On January 1, 2012, and the first day of January of every	3913
even-numbered year thereafter, the director of commerce shall	3914
adjust the threshold level for contracts subject to the bidding	3915
requirements contained in division (A)(2)(a) of this section. The	3916
director shall adjust this amount according to the average	3917
increase for each of the two years immediately preceding the	3918
adjustment as set forth in the producer price index for material	3919
and supply inputs for new nonresidential construction as	3920
determined by the bureau of labor statistics of the United States	3921
department of labor or, if that index no longer is published, a	3922
generally available comparable index. If there is no resulting	3923
increase, the threshold shall remain the same until the next	3924
scheduled adjustment on the first day of January of the next	3925
even-numbered year.	3926

(B) The board of directors of a port authority by rule may	3927
provide criteria for the negotiation and award without competitive	3928
bidding of any contract as to which the port authority is the	3929
contracting entity for the construction of any building,	3930
structure, or other improvement under any of the following	3931
circumstances:	3932

(1) There exists a real and present emergency that threatens	3933
damage or injury to persons or property of the port authority or	3934
other persons, provided that a statement specifying the nature of	3935
the emergency that is the basis for the negotiation and award of a	3936
contract without competitive bidding shall be signed by the	3937
officer of the port authority that executes that contract at the	3938
time of the contract's execution and shall be attached to the	3939
contract.	3940

(2) A commonly recognized industry or other standard or	3941
specification does not exist and cannot objectively be articulated	3942
for the improvement.	3943

(3) The contract is for any energy conservation measure as	3944
defined in section 307.041 of the Revised Code.	3945

(4) With respect to material to be incorporated into the	3946
improvement, only a single source or supplier exists for the	3947
material.	3948

(5) A single bid is received by the port authority after	3949
complying with the provisions of division (A) of this section.	3950

(C)(1) If a contract is to be negotiated and awarded without	3951
competitive bidding for the reason set forth in division (B)(2) of	3952
this section, the port authority shall publish a notice calling	3953
for technical proposals at least twice, with at least seven days	3954
between publications, in a newspaper of general circulation in the	3955
area of the port authority. After receipt of the technical	3956
proposals, the port authority may negotiate with and award a	3957
contract for the improvement to the proposer making the proposal	3958
considered to be the most advantageous to the port authority.	3959

(2) If a contract is to be negotiated and awarded without	3960
competitive bidding for the reason set forth in division (B)(4) of	3961
this section, any construction activities related to the	3962
incorporation of the material into the improvement also may be	3963
provided without competitive bidding by the source or supplier of	3964
that material.	3965

(D) No contract for the construction or repair of any	3966
building, structure, or other improvement and no loan agreement	3967
for the borrowing of funds for any such improvement undertaken by	3968
a port authority, where the port authority is the contracting	3969
entity, shall be executed unless laborers and mechanics employed	3970
on such improvements are paid at the prevailing rates of wages of	3971
laborers and mechanics for the class of work called for by the	3972
improvement. The wages shall be determined in accordance with the	3973
requirements of Chapter 4115. of the Revised Code for the	3974
determination of prevailing wage rates, provided that the	3975
requirements of this section do not apply where the federal	3976
government or any of its agencies furnishes by loan or grant all	3977
or any part of the funds used in connection with such project and	3978
prescribes predetermined minimum wages to be paid to the laborers	3979
and mechanics.	3980

Sec. 4582.31.  (A) A port authority created in accordance	3981
with section 4582.22 of the Revised Code may:	3982

(1) Adopt bylaws for the regulation of its affairs and the	3983
conduct of its business;	3984

(2) Adopt an official seal;

3985

(3) Maintain a principal office within its jurisdiction, and	3986
maintain such branch offices as it may require;	3987

(4) Acquire, construct, furnish, equip, maintain, repair,	3988
sell, exchange, lease to or from, or lease with an option to	3989
purchase, convey other interests in real or personal property, or	3990
any combination thereof, related to, useful for, or in furtherance	3991
of any authorized purpose and operate any property in connection	3992
with transportation, recreational, governmental operations, or	3993
cultural activities;	3994

(5) Straighten, deepen, and improve any channel, river,	3995
stream, or other water course or way which may be necessary or	3996
proper in the development of the facilities of a port authority;	3997

(6) Make available the use or services of any port authority	3998
facility to one or more persons, one or more governmental	3999
agencies, or any combination thereof;	4000

(7) Issue bonds or notes for the acquisition, construction,	4001
furnishing, or equipping of any port authority facility or other	4002
permanent improvement that a port authority is authorized to	4003
acquire, construct, furnish, or equip, in compliance with Chapter	4004
133. of the Revised Code, except that such bonds or notes may only	4005
be issued pursuant to a vote of the electors residing within the	4006
area of jurisdiction of the port authority. The net indebtedness	4007
incurred by a port authority shall never exceed two per cent of	4008
the total value of all property within the territory comprising	4009
the port authority as listed and assessed for taxation.	4010

(8) Issue port authority revenue bonds beyond the limit of	4011
bonded indebtedness provided by law, payable solely from revenues	4012
as provided in section 4582.48 of the Revised Code, for the	4013
purpose of providing funds to pay the costs of any port authority	4014
facility or facilities or parts thereof;	4015

(9) Apply to the proper authorities of the United States	4016
pursuant to appropriate law for the right to establish, operate,	4017
and maintain foreign trade zones and establish, operate, and	4018
maintain foreign trade zones and to acquire, exchange, sell, lease	4019
to or from, lease with an option to purchase, or operate	4020
facilities, land, or property therefor in accordance with the	4021
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to	4022
81u;	4023

(10) Enjoy and possess the same rights, privileges, and	4024
powers granted municipal corporations under sections 721.04 to	4025
721.11 of the Revised Code;	4026

(11) Maintain such funds as it considers necessary;

4027

(12) Direct its agents or employees, when properly identified	4028
in writing, and after at least five days' written notice, to enter	4029
upon lands within the confines of its jurisdiction in order to	4030
make surveys and examinations preliminary to location and	4031
construction of works for the purposes of the port authority,	4032
without liability of the port authority or its agents or employees	4033
except for actual damage done;	4034

(13) Promote, advertise, and publicize the port authority and	4035
its facilities; provide information to shippers and other	4036
commercial interests; and appear before rate-making authorities to	4037
represent and promote the interests of the port authority;	4038

(14) Adopt rules, not in conflict with general law, it finds	4039
necessary or incidental to the performance of its duties and the	4040
execution of its powers under sections 4582.21 to 4582.54 of the	4041
Revised Code. Any such rule shall be posted at no less than five	4042
public places in the port authority, as determined by the board of	4043
directors, for a period of not fewer than fifteen days, and shall	4044
be available for public inspection at the principal office of the	4045
port authority during regular business hours. No person shall	4046
violate any lawful rule adopted and posted as provided in this	4047
division.	4048

(15) Do any of the following, in regard to any interests in	4049
any real or personal property, or any combination thereof,	4050
including, without limitation, machinery, equipment, plants,	4051
factories, offices, and other structures and facilities related	4052
to, useful for, or in furtherance of any authorized purpose, for	4053
such consideration and in such manner, consistent with Article	4054
VIII of the Ohio Constitution, as the board in its sole discretion	4055
may determine:	4056

(a) Loan moneys to any person or governmental entity for the	4057
acquisition, construction, furnishing, and equipping of the	4058
property;	4059

(b) Acquire, construct, maintain, repair, furnish, and equip	4060
the property;	4061

(c) Sell to, exchange with, lease, convey other interests in,	4062
or lease with an option to purchase the same or any lesser	4063
interest in the property to the same or any other person or	4064
governmental entity;	4065

(d) Guarantee the obligations of any person or governmental	4066
entity.	4067

A port authority may accept and hold as consideration for the	4068
conveyance of property or any interest therein such property or	4069
interests therein as the board in its discretion may determine,	4070
notwithstanding any restrictions that apply to the investment of	4071
funds by a port authority.	4072

(16) Sell, lease, or convey other interests in real and	4073
personal property, and grant easements or rights-of-way over	4074
property of the port authority. The board of directors shall	4075
specify the consideration and any terms for the sale, lease, or	4076
conveyance of other interests in real and personal property. Any	4077
determination made by the board under this division shall be	4078
conclusive. The sale, lease, or conveyance may be made without	4079
advertising and the receipt of bids.	4080

(17) Exercise the right of eminent domain to appropriate any	4081
land, rights, rights-of-way, franchises, easements, or other	4082
property, necessary or proper for any authorized purpose, pursuant	4083
to the procedure provided in sections 163.01 to 163.22 of the	4084
Revised Code, if funds equal to the appraised value of the	4085
property to be acquired as a result of such proceedings are	4086
available for that purpose. However, nothing contained in sections	4087
4582.201 to 4582.59 of the Revised Code shall authorize a port	4088
authority to take or disturb property or facilities belonging to	4089
any agency or political subdivision of this state, public utility,	4090
or common carrier, which property or facilities are necessary and	4091
convenient in the operation of the agency or political	4092
subdivision, public utility, or common carrier, unless provision	4093
is made for the restoration, relocation, or duplication of such	4094
property or facilities, or upon the election of the agency or	4095
political subdivision, public utility, or common carrier, for the	4096
payment of compensation, if any, at the sole cost of the port	4097
authority, provided that:	4098

(a) If any restoration or duplication proposed to be made	4099
under this section involves a relocation of the property or	4100
facilities, the new facilities and location shall be of at least	4101
comparable utilitarian value and effectiveness and shall not	4102
impair the ability of the public utility or common carrier to	4103
compete in its original area of operation;	4104

(b) If any restoration or duplication made under this section	4105
involves a relocation of the property or facilities, the port	4106
authority shall acquire no interest or right in or to the	4107
appropriated property or facilities, except as provided in	4108
division (O) of this section, until the relocated property or	4109
facilities are available for use and until marketable title	4110
thereto has been transferred to the public utility or common	4111
carrier.	4112

(18)(a) Make and enter into all contracts and agreements and	4113
execute all instruments necessary or incidental to the performance	4114
of its duties and the execution of its powers under sections	4115
4582.21 to 4582.59 of the Revised Code.	4116

(b)(i) Except as provided in division (A)(18)(c) of this	4117
section, when the cost of a contract for the construction of any	4118
building, structure, or other improvement undertaken by a port	4119
authority involves an expenditure exceeding twenty-fivethe higher	4120
of one hundred thousand dollars or the amount as adjusted under	4121
division (A)(18)(b)(ii) of this section, and the port authority is	4122
the contracting entity, the port authority shall make a written	4123
contract after notice calling for bids for the award of the	4124
contract has been given by publication twice, with at least seven	4125
days between publications, in a newspaper of general circulation	4126
in the area of the port authority. Each such contract shall be let	4127
to the lowest responsive and responsible bidder in accordance with	4128
section 9.312 of the Revised Code. Every contract shall be	4129
accompanied by or shall refer to plans and specifications for the	4130
work to be done, prepared for and approved by the port authority,	4131
signed by an authorized officer of the port authority and by the	4132
contractor, and shall be executed in triplicate.	4133

Each bid shall be awarded in accordance with sections 153.54,	4134
153.57, and 153.571 of the Revised Code. The port authority may	4135
reject any and all bids.	4136

(ii) On January 1, 2012, and the first day of January of	4137
every even-numbered year thereafter, the director of commerce	4138
shall adjust the threshold level for contracts subject to the	4139
bidding requirements contained in division (A)(18)(b)(i) of this	4140
section. The director shall adjust this amount according to the	4141
average increase for each of the two years immediately preceding	4142
the adjustment as set forth in the producer price index for	4143
material and supply inputs for new nonresidential construction as	4144
determined by the bureau of labor statistics of the United States	4145
department of labor or, if that index no longer is published, a	4146
generally available comparable index. If there is no resulting	4147
increase, the threshold shall remain the same until the next	4148
scheduled adjustment on the first day of January of the next	4149
even-numbered year.	4150

(c) The board of directors by rule may provide criteria for	4151
the negotiation and award without competitive bidding of any	4152
contract as to which the port authority is the contracting entity	4153
for the construction of any building or structure or other	4154
improvement under any of the following circumstances:	4155

(i) There exists a real and present emergency that threatens	4156
damage or injury to persons or property of the port authority or	4157
other persons, provided that a statement specifying the nature of	4158
the emergency that is the basis for the negotiation and award of a	4159
contract without competitive bidding shall be signed by the	4160
officer of the port authority that executes that contract at the	4161
time of the contract's execution and shall be attached to the	4162
contract.	4163

(ii) A commonly recognized industry or other standard or	4164
specification does not exist and cannot objectively be articulated	4165
for the improvement.	4166

(iii) The contract is for any energy conservation measure as	4167
defined in section 307.041 of the Revised Code.	4168

(iv) With respect to material to be incorporated into the	4169
improvement, only a single source or supplier exists for the	4170
material.	4171

(v) A single bid is received by the port authority after	4172
complying with the provisions of division (A)(18)(b) of this	4173
section.	4174

(d)(i) If a contract is to be negotiated and awarded without	4175
competitive bidding for the reason set forth in division	4176
(A)(18)(c)(ii) of this section, the port authority shall publish a	4177
notice calling for technical proposals at least twice, with at	4178
least seven days between publications, in a newspaper of general	4179
circulation in the area of the port authority. After receipt of	4180
the technical proposals, the port authority may negotiate with and	4181
award a contract for the improvement to the proposer making the	4182
proposal considered to be the most advantageous to the port	4183
authority.	4184

(ii) If a contract is to be negotiated and awarded without	4185
competitive bidding for the reason set forth in division	4186
(A)(18)(c)(iv) of this section, any construction activities	4187
related to the incorporation of the material into the improvement	4188
also may be provided without competitive bidding by the source or	4189
supplier of that material.	4190

(e)(i) Any purchase, exchange, sale, lease, lease with an	4191
option to purchase, conveyance of other interests in, or other	4192
contract with a person or governmental entity that pertains to the	4193
acquisition, construction, maintenance, repair, furnishing,	4194
equipping, or operation of any real or personal property, or any	4195
combination thereof, related to, useful for, or in furtherance of	4196
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	4197
Constitution, shall be made in such manner and subject to such	4198
terms and conditions as may be determined by the board of	4199
directors in its discretion.	4200

(ii) Division (A)(18)(e)(i) of this section applies to all	4201
contracts that are subject to the division, notwithstanding any	4202
other provision of law that might otherwise apply, including,	4203
without limitation, any requirement of notice, any requirement of	4204
competitive bidding or selection, or any requirement for the	4205
provision of security.	4206

(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not	4207
apply to either of the following: any contract secured by or to be	4208
paid from moneys raised by taxation or the proceeds of obligations	4209
secured by a pledge of moneys raised by taxation; or any contract	4210
secured exclusively by or to be paid exclusively from the general	4211
revenues of the port authority. For the purposes of this section,	4212
any revenues derived by the port authority under a lease or other	4213
agreement that, by its terms, contemplates the use of amounts	4214
payable under the agreement either to pay the costs of the	4215
improvement that is the subject of the contract or to secure	4216
obligations of the port authority issued to finance costs of such	4217
improvement, are excluded from general revenues.	4218

(19) Employ managers, superintendents, and other employees	4219
and retain or contract with consulting engineers, financial	4220
consultants, accounting experts, architects, attorneys, and any	4221
other consultants and independent contractors as are necessary in	4222
its judgment to carry out this chapter, and fix the compensation	4223
thereof. All expenses thereof shall be payable from any available	4224
funds of the port authority or from funds appropriated for that	4225
purpose by a political subdivision creating or participating in	4226
the creation of the port authority.	4227

(20) Receive and accept from any state or federal agency	4228
grants and loans for or in aid of the construction of any port	4229
authority facility or for research and development with respect to	4230
port authority facilities, and receive and accept aid or	4231
contributions from any source of money, property, labor, or other	4232
things of value, to be held, used, and applied only for the	4233
purposes for which the grants and contributions are made;	4234

(21) Engage in research and development with respect to port	4235
authority facilities;	4236

(22) Purchase fire and extended coverage and liability	4237
insurance for any port authority facility and for the principal	4238
office and branch offices of the port authority, insurance	4239
protecting the port authority and its officers and employees	4240
against liability for damage to property or injury to or death of	4241
persons arising from its operations, and any other insurance the	4242
port authority may agree to provide under any resolution	4243
authorizing its port authority revenue bonds or in any trust	4244
agreement securing the same;	4245

(23) Charge, alter, and collect rentals and other charges for	4246
the use or services of any port authority facility as provided in	4247
section 4582.43 of the Revised Code;	4248

(24) Provide coverage for its employees under Chapters 145.,	4249
4123., and 4141. of the Revised Code;	4250

(25) Do all acts necessary or proper to carry out the powers	4251
expressly granted in sections 4582.21 to 4582.59 of the Revised	4252
Code.	4253

(B) Any instrument by which real property is acquired	4254
pursuant to this section shall identify the agency of the state	4255
that has the use and benefit of the real property as specified in	4256
section 5301.012 of the Revised Code.	4257

(C) Whoever violates division (A)(14) of this section is	4258
guilty of a minor misdemeanor.	4259

Sec. 4749.031. (A) The department of public safety shall be a	4260
participating public office for purposes of the retained applicant	4261
fingerprint database established under section 109.5721 of the	4262
Revised Code. The department shall elect to participate in the	4263
continuous record monitoring service for all persons licensed or	4264
registered under this chapter. When the superintendent of the	4265
bureau of criminal identification and investigation, under section	4266
109.57 of the Revised Code, indicates that an individual in the	4267
retained applicant fingerprint database has been arrested for,	4268
convicted of, or pleaded guilty to any offense, the superintendent	4269
promptly shall notify the department either electronically or by	4270
mail that additional arrest or conviction information is	4271
available.	4272

(B) In addition to any other fees charged by the department	4273
under this chapter, an applicant for a license under section	4274
4749.03 of the Revised Code, at the time of making an initial or	4275
renewal application, shall pay any initial or annual fee charged	4276
by the superintendent pursuant to rules adopted under division (F)	4277
of section 109.5721 of the Revised Code.	4278

Sec. 4905.802.        Sec. 4905.801.  (A)(1) All fees collected under	4279
section 4905.801 of the Revised Code shall be credited to theThe	4280
radioactive waste transportation fund, which is hereby created in	4281
the state treasury. All investment earnings of the fund shall be	4282
credited to it.	4283

(2) Money in the radioactive waste transportation fund shall	4284
be used only for the following purposes related to the shipment of	4285
material that is subject to division (A)(1) of section 4163.07 of	4286
the Revised Code as determined by the public utilities commission:	4287

(a) State and local expenses, including inspections, escorts,	4288
security, emergency management services, and accident response;	4289

(b) Planning, coordination, education, and training of	4290
emergency response providers, law enforcement agencies, and other	4291
appropriate state or local entities;	4292

(c) Purchase and maintenance of monitoring, medical, safety,	4293
or emergency response equipment and supplies;	4294

(d) Administrative costs of the commission and other state or	4295
local entities;	4296

(e) Other similar expenses determined by the commission to be	4297
appropriate.	4298

(B)(1) The commission may adopt rules as necessary to	4299
implement sections 4905.801 and 4905.802 of the Revised Codethis	4300
section.	4301

(2) In administering section 4905.801 of the Revised Code,	4302
the commission shall work with any department or agency of	4303
federal, state, or local government that also regulates the	4304
shipment of material that is subject to division (A)(1) of section	4305
4163.07 of the Revised Code.	4306

(3) Subject to division (C) of section 4163.07 of the Revised	4307
Code, the commission, consistent with national security	4308
requirements, may notify any law enforcement agency or other state	4309
or local entity affected by the shipment of material that is	4310
subject to division (A)(1) of section 4163.07 of the Revised Code	4311
that the commission considers necessary for public safety.	4312

(4) Not later than December 31, 2010, the commission shall	4313
prepare and submit to both houses of the general assembly a report	4314
on the fees received by the commission under section 4905.801 of	4315
the Revised Code and on expenditures made from the radioactive	4316
waste transportation fund.	4317

Sec. 5501.51.  (A) The state shall reimburse a utility for	4318
the cost of relocation of utility facilities necessitated by the	4319
construction of a highway project only in the event that the	4320
utility can evidence a vested interest in the nature of a fee	4321
interest, an easement interest, or a lesser estate in the real	4322
property it occupies in the event that the utility possesses a	4323
vested interest in such property. The utility shall present	4324
evidence satisfactory to the state substantiating the cost of	4325
relocation. The director may audit all financial records which the	4326
director determines necessary to verify such actual costs.	4327

(B) The director of transportation may establish and enforce	4328
such rules and procedures as hethe director may determine to be	4329
necessary to assure consistency governing any and all aspects of	4330
the cost of utility relocations. The director may adopt such	4331
amendments to such rules as are necessary and within the	4332
guidelines of this section.	4333

(C) As used in this section:

4334

(1) "Utility" includes publicly, privately, and cooperatively	4335
owned utilities that are subject to the authority of the public	4336
utilities commission of Ohio"Actual cost" means those costs that	4337
are eligible for reimbursement in accordance with 23 C.F.R. 645.	4338

(2) "Cost of relocation" includesmeans the actual cost paid	4339
by a utility directly attributable to relocation after deducting	4340
any increase in the value of the new facility and any salvage	4341
value derived from the old facility.	4342

(3) "Utility" includes publicly, privately, and cooperatively	4343
owned utilities that are subject to the authority of the public	4344
utilities commission of Ohio.	4345

Sec. 5501.55.  (A) The department of transportation is the	4346
designated state agency responsible for overseeing the safety	4347
practices of rail fixed guideway systems and the administration of	4348
49 U.S.C. 5330. The director of transportation shall develop any	4349
guidelines necessary to oversee the safety practices of rail fixed	4350
guideway systems that are consistent with the federal act and	4351
rules adopted thereunder.	4352

(B) In accordance with guidelines developed by the director,	4353
the department shall do all of the following:	4354

(1) Establish a safety program plan standard for transit	4355
agencies operating a rail fixed guideway system within the state;	4356

(2) Adopt standards for the personal security of passengers	4357
and employees of rail fixed guideway systems;	4358

(3) Review and approve or disapprove the annual internal	4359
safety audit conducted by a transit agency under section 5501.56	4360
of the Revised Code;	4361

(4) Periodically, conduct an on-site safety review of each	4362
transit agency and make recommendations based on the review of the	4363
system safety program plan;	4364

(5)(a) Establish procedures for the investigation of	4365
accidents and unacceptable hazardous conditions as defined in the	4366
guidelines developed by the director;	4367

(b) Investigate accidents and unacceptable hazardous	4368
conditions at transit agencies;	4369

(c) Approve or disapprove any plan of a transit agency to	4370
minimize, control, correct, or eliminate any investigated hazard.	4371

(6) Submit to the federal transit administration any reports	4372
or other information necessary to remain in compliance with 49	4373
U.S.C. 5330 and the rules adopted under it.	4374

(C) The department may use a contractor to act on its behalf	4375
in carrying out the duties of the Department under this section	4376
and section 5501.56 of the Revised Code and 49 U.S.C. 5330 and the	4377
rules adopted under it.	4378

(D)(1) Reports of any investigation conducted by the	4379
department, a transit agency operating a rail fixed guideway	4380
system, or a contractor acting on behalf of the department or such	4381
a transit agency are confidential and are not subject to	4382
disclosure, inspection, or copying under section 149.43 of the	4383
Revised Code. Information contained in investigative files shall	4384
be disclosed only at the discretion of the director or as	4385
otherwise provided in this section.	4386

(2) Reports of any investigation conducted by the Department	4387
department, a transit agency operating a rail fixed guideway	4388
system, or a contractor acting on behalf of the Department	4389
department or such a transit agency shall not be admitted in	4390
evidence or used for any purpose in any action or proceeding	4391
arising out of any matter referred to in the investigation, except	4392
in actions or proceedings instituted by the state or by the	4393
department on behalf of the state, nor shall any member of the	4394
department or its employees, a transit agency acting on behalf of	4395
the department, or a contractor acting on behalf of the department	4396
or such a transit agency be required to testify to any facts	4397
ascertained in, or information obtained by reason of, the person's	4398
official capacity, or to testify as an expert witness in any	4399
action or proceeding involving or pertaining to rail fixed	4400
guideway systems to which the state is not a party.	4401

(E) In accordance with the guidelines developed by the	4402
director, the department may establish such programs, procedures,	4403
and administrative mandates as may be necessary to carry out its	4404
duties under this section and section 5501.56 of the Revised Code	4405
and 49 U.S.C. 5330 and the rules adopted under it.	4406

(F) As used in this section and in section 5501.56 of the	4407
Revised Code:	4408

(1) "Rail fixed guideway system" means any light, heavy, or	4409
rapid rail system, monorail, inclined plane, funicular, trolley,	4410
or automated guideway that is included in the federal transit	4411
administration's calculation of fixed guideway route miles or	4412
receives funding for urbanized areas under 49 U.S.C. 5336 and is	4413
not regulated by the federal railroad administration.	4414

(2) "Transit agency" means an entity operating a rail fixed	4415
guideway system.	4416

Sec. 5502.011. (A) As used in this section, "department of	4417
public safety" and "department" include all divisions within the	4418
department of public safety.	4419

(B) The director of the department of public safety is the	4420
chief executive and administrative officer of the department. The	4421
director may establish policies governing the department, the	4422
performance of its employees and officers, the conduct of its	4423
business, and the custody, use, and preservation of departmental	4424
records, papers, books, documents, and property. The director also	4425
may authorize and approve investigations to be conducted by any of	4426
the department's divisions. Whenever the Revised Code imposes a	4427
duty upon or requires an action of the department, the director	4428
may perform the action or duty in the name of the department or	4429
direct such performance to be performed by the director's	4430
designee.	4431

(C) In addition to any other duties enumerated in the Revised	4432
Code, the director or the director's designee shall do all of the	4433
following:	4434

(1) Administer and direct the performance of the duties of	4435
the department;	4436

(2) Pursuant to Chapter 119. of the Revised Code, approve,	4437
adopt, and prescribe such forms and rules as are necessary to	4438
carry out the duties of the department;	4439

(3) On behalf of the department and in addition to any	4440
authority the Revised Code otherwise grants to the department,	4441
have the authority and responsibility for approving and entering	4442
into contracts, agreements, and other business arrangements;	4443

(4) Make appointments for the department as needed to comply	4444
with requirements of the Revised Code;	4445

(5) Approve employment actions of the department, including	4446
appointments, promotions, discipline, investigations, and	4447
terminations;	4448

(6) Accept, hold, and use, for the benefit of the department,	4449
any gift, donation, bequest, or devise, and may agree to and	4450
perform all conditions of the gift, donation, bequest, or devise,	4451
that are not contrary to law;	4452

(7) Apply for, allocate, disburse, and account for grants	4453
made available under federal law or from other federal, state, or	4454
private sources;	4455

(8) Do all other acts necessary or desirable to carry out	4456
this chapter.	4457

(D)(1) The director of public safety may assess a reasonable	4458
fee, plus the amount of any charge or fee passed on from a	4459
financial institution, on a drawer or indorser for each of the	4460
following:	4461

(a) A check, draft, or money order that is returned or	4462
dishonored;	4463

(b) An automatic bank transfer that is declined, due to	4464
insufficient funds or for any other reason;	4465

(c) Any financial transaction device that is returned or	4466
dishonored for any reason.	4467

(2) The director shall deposit any fee collected under this	4468
division in an appropriate fund as determined by the director	4469
based on the tax, fee, or fine being paid.	4470

(3) As used in this division, "financial transaction device"	4471
has the same meaning as in section 113.40 of the Revised Code.	4472

(E) The director shall establish a homeland security advisory	4473
council to advise the director on homeland security, including	4474
homeland security funding efforts. The advisory council shall	4475
include, but not be limited to, state and local government	4476
officials who have homeland security or emergency management	4477
responsibilities and who represent first responders. The director	4478
shall appoint the members of the council, who shall serve without	4479
compensation.	4480

(F) The director of public safety shall adopt rules in	4481
accordance with Chapter 119. of the Revised Code as required by	4482
section 2909.28 of the Revised Code and division (A)(1) of section	4483
2909.32 of the Revised Code. The director shall adopt rules as	4484
required by division (D) of section 2909.32 of the Revised Code,	4485
division (E) of section 2909.33 of the Revised Code, and division	4486
(D) of section 2909.34 of the Revised Code. The director may adopt	4487
rules pursuant to division (A)(2) of section 2909.32 of the	4488
Revised Code, division (A)(2) of section 2909.33 of the Revised	4489
Code, and division (A)(2) of section 2909.34 of the Revised Code.	4490

Sec. 5525.15.  The director of transportation may provide	4491
that prior to the bid opening, the official engineer's estimate of	4492
cost of any project to be constructed by the department by the	4493
taking of bids and awarding of contractsof transportation shall	4494
be confidential information and so remain until after all bids on	4495
the project have been received. TheAfter the bid opening, only	4496
the total amount of theofficial engineer's estimate then shall	4497
of cost may be published.	4498

When the director exercises the authority conferred by this	4499
section, all information with respect to the total estimate of	4500
cost of the project to be built by contract and with respect to	4501
The unit price components and the estimate of cost of any	4502
particular item of work involved therein shall be kept and	4503
regarded by the director and all the director's subordinates as	4504
confidential, and shallare not be revealed to any person not	4505
employed in the department, or by the United States department of	4506
transportation in the case of projects financed in whole or part	4507
by federal funds, until after the bids on the project have been	4508
opened and published. Section 5517.01public records for purposes	4509
of section 149.43 of the Revised Code with respect to the public	4510
inspection of estimates of cost prior to the opening of bids and	4511
with respect to filing estimates of cost in the office of the	4512
district deputy director of transportation does not apply when the	4513
authority conferred by this section is exercised. This section	4514
does not prohibit the department from furnishing estimatesunit	4515
price components and the estimate of cost for any particular item	4516
of work involved therein to the federal government, counties,	4517
municipal corporations, or other local political subdivisions or	4518
to railroad or railway companies proposing to pay any portion of	4519
the cost of an improvement. Planning estimates are those estimates	4520
created for management of the capital program of the department	4521
and are public records for purposes of section 149.43 of the	4522
Revised Code.	4523

Section 5525.10 of the Revised Code, which provides that no	4524
contract for any improvement shall be awarded for a greater sum	4525
than the estimated cost thereof plus five per cent, does not apply	4526
in the case of any project with respect to which the authority	4527
conferred by this section is exercised. In cases in which the	4528
authority conferred by this section is exercised and in which the	4529
bid of the successful bidder exceeds the estimate, the director,	4530
before entering into a contract, shall determine that the bid of	4531
the successful bidder is fair and reasonable, and as long as the	4532
federal government imposes regulation on prices charged for	4533
construction service, shall require the successful bidder to	4534
certify that the bidder's bid does not exceed the maximum	4535
permitted by such federal regulation.	4536

Sec. 5577.042.  (A) As used in this section:

4537

(1) "Farm machinery" has the same meaning as in section	4538
4501.01 of the Revised Code.	4539

(2) "Farm commodities" includes livestock, bulk milk, corn,	4540
soybeans, tobacco, and wheat, manure, turf, sod, and silage.	4541

(3) "Farm truck" means a truck used in the transportation	4542
from a farm of farm commodities when the truck is operated in	4543
accordance with this section.	4544

(4) "Forest products" includes logs, chips, sawdust, mulch,	4545
bark, pulpwood, biomass, and firewood.	4546

(5) "LogForest product truck" means a truck used in the	4547
transportation of timber from the site of its cuttingtransporting	4548
forest products from the site where the forest product is	4549
harvested when the truck is operated in accordance with this	4550
section.	4551

(5)(6) "Coal truck" means a truck transporting coal from the	4552
site where it is mined when the truck is operated in accordance	4553
with this section.	4554

(6)(7) "Solid waste" has the same meaning as in section	4555
3734.01 of the Revised Code.	4556

(7)(8) "Solid waste haul vehicle" means a vehicle hauling	4557
solid waste for which a bill of lading has not been issued.	4558

(9) "Minerals" has the same meaning as in section 1514.01 of	4559
the Revised Code.	4560

(10) "Surface mining vehicle" means a truck used in the	4561
transportation of minerals from the earth or from the surface of	4562
the land by surface excavation methods when the truck is operated	4563
in accordance with this section.	4564

(B)(1) Notwithstanding sections 5577.02 and 5577.04 of the	4565
Revised Code, a coal truck transporting coal, a farm truck or farm	4566
machinery transporting farm commodities, a log truck transporting	4567
timber, or a solid waste haul vehicle hauling solid waste, from	4568
the place of production to the first point of delivery where the	4569
commodities are weighed and title to the commodities, coal, or	4570
timber is transferred, or, in the case of solid waste, from the	4571
place of production to the first point of delivery where the solid	4572
waste is disposed of or title to the solid waste is transferred,	4573
the following vehicles under the described conditions may exceed	4574
by no more than seven and one-half per cent the weight provisions	4575
of sections 5577.01 to 5577.09 of the Revised Code and no penalty	4576
prescribed in section 5577.99 of the Revised Code shall be	4577
imposed. If a coal truck so transporting coal, a farm truck or	4578
farm machinery so transporting farm commodities, a timber truck so	4579
transporting timber, or a solid waste haul vehicle hauling solid	4580
waste,:	4581

(a) A coal truck transporting coal, from the place of	4582
production to the first point of delivery where title to the coal	4583
is transferred;	4584

(b) A farm truck or farm machinery transporting farm	4585
commodities, from the place of production to the first point of	4586
delivery where the commodities are weighed and title to the	4587
commodities is transferred;	4588

(c) A forest product truck transporting forest products, from	4589
the place of production to the first point of delivery where title	4590
to the forest product is transferred;	4591

(d) A solid waste haul vehicle hauling solid waste, from the	4592
place of production to the first point of delivery where the solid	4593
waste is disposed of or title to the solid waste is transferred;	4594

(e) A surface mining vehicle transporting minerals from the	4595
place where the minerals are removed from the earth or the surface	4596
of the land to the first place where the minerals are transferred	4597
from the vehicle;	4598

(f) A vehicle transporting hot mix asphalt material from the	4599
place where the material is first mixed to the paving site where	4600
the material is discharged	4601

(2) In addition, if any of the vehicles listed in division	4602
(B)(1) of this section and operated under the conditions described	4603
in that division does not exceed by more than seven and one-half	4604
per cent the gross vehicle weight provisions of sections 5577.01	4605
to 5577.09 of the Revised Code, no wheel or axle-load limits shall	4606
apply and no penalty prescribed in section 5577.99 of the Revised	4607
Code for a wheel or axle overload shall be imposed.	4608

(C) If any of the vehicles listed in division (B)(1) of this	4609
section and operated under the conditions described in that	4610
division exceeds by more than seven and one-half per cent the	4611
weight provisions of those sections 5577.01 to 5577.09 of the	4612
Revised Code, both of the following apply without regard to the	4613
seven and one-half per cent allowance provided by this division:	4614

(1) The applicable penalty prescribed in section 5577.99 of	4615
the Revised Code;	4616

(2) The civil liability imposed by section 5577.12 of the	4617
Revised Code.	4618

(C)(D)(1) Division (B) of this section does not apply to the	4619
operation of a farm truck, logforest product truck, or farm	4620
machinery transporting farm commodities during the months of	4621
February and March.	4622

(2) Regardless of when the operation occurs, division (B) of	4623
this section does not apply to the operation of a coal truck, a	4624
farm truck, a log truck, a solid waste haul vehicle, or farm	4625
machinery transporting farm commodities on either of the	4626
following:	4627

(a) A highway that is part of the interstate system;

4628

(b) A highway, road, or bridge that is subject to reduced	4629
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	4630
5577.09, or 5591.42 of the Revised Code.	4631

Sec. 5751.01.  As used in this chapter:

4632

(A) "Person" means, but is not limited to, individuals,	4633
combinations of individuals of any form, receivers, assignees,	4634
trustees in bankruptcy, firms, companies, joint-stock companies,	4635
business trusts, estates, partnerships, limited liability	4636
partnerships, limited liability companies, associations, joint	4637
ventures, clubs, societies, for-profit corporations, S	4638
corporations, qualified subchapter S subsidiaries, qualified	4639
subchapter S trusts, trusts, entities that are disregarded for	4640
federal income tax purposes, and any other entities.	4641

(B) "Consolidated elected taxpayer" means a group of two or	4642
more persons treated as a single taxpayer for purposes of this	4643
chapter as the result of an election made under section 5751.011	4644
of the Revised Code.	4645

(C) "Combined taxpayer" means a group of two or more persons	4646
treated as a single taxpayer for purposes of this chapter under	4647
section 5751.012 of the Revised Code.	4648

(D) "Taxpayer" means any person, or any group of persons in	4649
the case of a consolidated elected taxpayer or combined taxpayer	4650
treated as one taxpayer, required to register or pay tax under	4651
this chapter. "Taxpayer" does not include excluded persons.	4652

(E) "Excluded person" means any of the following:

4653

(1) Any person with not more than one hundred fifty thousand	4654
dollars of taxable gross receipts during the calendar year.	4655
Division (E)(1) of this section does not apply to a person that is	4656
a member of a consolidated elected taxpayer;	4657

(2) A public utility that paid the excise tax imposed by	4658
section 5727.24 or 5727.30 of the Revised Code based on one or	4659
more measurement periods that include the entire tax period under	4660
this chapter, except that a public utility that is a combined	4661
company is a taxpayer with regard to the following gross receipts:	4662

(a) Taxable gross receipts directly attributed to a public	4663
utility activity, but not directly attributed to an activity that	4664
is subject to the excise tax imposed by section 5727.24 or 5727.30	4665
of the Revised Code;	4666

(b) Taxable gross receipts that cannot be directly attributed	4667
to any activity, multiplied by a fraction whose numerator is the	4668
taxable gross receipts described in division (E)(2)(a) of this	4669
section and whose denominator is the total taxable gross receipts	4670
that can be directly attributed to any activity;	4671

(c) Except for any differences resulting from the use of an	4672
accrual basis method of accounting for purposes of determining	4673
gross receipts under this chapter and the use of the cash basis	4674
method of accounting for purposes of determining gross receipts	4675
under section 5727.24 of the Revised Code, the gross receipts	4676
directly attributed to the activity of a natural gas company shall	4677
be determined in a manner consistent with division (D) of section	4678
5727.03 of the Revised Code.	4679

As used in division (E)(2) of this section, "combined	4680
company" and "public utility" have the same meanings as in section	4681
5727.01 of the Revised Code.	4682

(3) A financial institution, as defined in section 5725.01 of	4683
the Revised Code, that paid the corporation franchise tax charged	4684
by division (D) of section 5733.06 of the Revised Code based on	4685
one or more taxable years that include the entire tax period under	4686
this chapter;	4687

(4) A dealer in intangibles, as defined in section 5725.01 of	4688
the Revised Code, that paid the dealer in intangibles tax levied	4689
by division (D) of section 5707.03 of the Revised Code based on	4690
one or more measurement periods that include the entire tax period	4691
under this chapter;	4692

(5) A financial holding company as defined in the "Bank	4693
Holding Company Act," 12 U.S.C. 1841(p);	4694

(6) A bank holding company as defined in the "Bank Holding	4695
Company Act," 12 U.S.C. 1841(a);	4696

(7) A savings and loan holding company as defined in the	4697
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	4698
only in activities or investments permissible for a financial	4699
holding company under 12 U.S.C. 1843(k);	4700

(8) A person directly or indirectly owned by one or more	4701
financial institutions, financial holding companies, bank holding	4702
companies, or savings and loan holding companies described in	4703
division (E)(3), (5), (6), or (7) of this section that is engaged	4704
in activities permissible for a financial holding company under 12	4705
U.S.C. 1843(k), except that any such person held pursuant to	4706
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	4707
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	4708
directly or indirectly owned by one or more insurance companies	4709
described in division (E)(9) of this section that is authorized to	4710
do the business of insurance in this state.	4711

For the purposes of division (E)(8) of this section, a person	4712
owns another person under the following circumstances:	4713

(a) In the case of corporations issuing capital stock, one	4714
corporation owns another corporation if it owns fifty per cent or	4715
more of the other corporation's capital stock with current voting	4716
rights;	4717

(b) In the case of a limited liability company, one person	4718
owns the company if that person's membership interest, as defined	4719
in section 1705.01 of the Revised Code, is fifty per cent or more	4720
of the combined membership interests of all persons owning such	4721
interests in the company;	4722

(c) In the case of a partnership, trust, or other	4723
unincorporated business organization other than a limited	4724
liability company, one person owns the organization if, under the	4725
articles of organization or other instrument governing the affairs	4726
of the organization, that person has a beneficial interest in the	4727
organization's profits, surpluses, losses, or distributions of	4728
fifty per cent or more of the combined beneficial interests of all	4729
persons having such an interest in the organization;	4730

(d) In the case of multiple ownership, the ownership	4731
interests of more than one person may be aggregated to meet the	4732
fifty per cent ownership tests in this division only when each	4733
such owner is described in division (E)(3), (5), (6), or (7) of	4734
this section and is engaged in activities permissible for a	4735
financial holding company under 12 U.S.C. 1843(k) or is a person	4736
directly or indirectly owned by one or more insurance companies	4737
described in division (E)(9) of this section that is authorized to	4738
do the business of insurance in this state.	4739

(9) A domestic insurance company or foreign insurance	4740
company, as defined in section 5725.01 of the Revised Code, that	4741
paid the insurance company premiums tax imposed by section 5725.18	4742
or Chapter 5729. of the Revised Code based on one or more	4743
measurement periods that include the entire tax period under this	4744
chapter;	4745

(10) A person that solely facilitates or services one or more	4746
securitizations or similar transactions for any person described	4747
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	4748
For purposes of this division, "securitization" means transferring	4749
one or more assets to one or more persons and then issuing	4750
securities backed by the right to receive payment from the asset	4751
or assets so transferred.	4752

(11) Except as otherwise provided in this division, a	4753
pre-income tax trust as defined in division (FF)(4) of section	4754
5747.01 of the Revised Code and any pass-through entity of which	4755
such pre-income tax trust owns or controls, directly, indirectly,	4756
or constructively through related interests, more than five per	4757
cent of the ownership or equity interests. If the pre-income tax	4758
trust has made a qualifying pre-income tax trust election under	4759
division (FF)(3) of section 5747.01 of the Revised Code, then the	4760
trust and the pass-through entities of which it owns or controls,	4761
directly, indirectly, or constructively through related interests,	4762
more than five per cent of the ownership or equity interests,	4763
shall not be excluded persons for purposes of the tax imposed	4764
under section 5751.02 of the Revised Code.	4765

(12) Nonprofit organizations or the state and its agencies,	4766
instrumentalities, or political subdivisions.	4767

(F) Except as otherwise provided in divisions (F)(2), (3),	4768
and (4) of this section, "gross receipts" means the total amount	4769
realized by a person, without deduction for the cost of goods sold	4770
or other expenses incurred, that contributes to the production of	4771
gross income of the person, including the fair market value of any	4772
property and any services received, and any debt transferred or	4773
forgiven as consideration.	4774

(1) The following are examples of gross receipts:

4775

(a) Amounts realized from the sale, exchange, or other	4776
disposition of the taxpayer's property to or with another;	4777

(b) Amounts realized from the taxpayer's performance of	4778
services for another;	4779

(c) Amounts realized from another's use or possession of the	4780
taxpayer's property or capital;	4781

(d) Any combination of the foregoing amounts.

4782

(2) "Gross receipts" excludes the following amounts:

4783

(a) Interest income except interest on credit sales;

4784

(b) Dividends and distributions from corporations, and	4785
distributive or proportionate shares of receipts and income from a	4786
pass-through entity as defined under section 5733.04 of the	4787
Revised Code;	4788

(c) Receipts from the sale, exchange, or other disposition of	4789
an asset described in section 1221 or 1231 of the Internal Revenue	4790
Code, without regard to the length of time the person held the	4791
asset. Notwithstanding section 1221 of the Internal Revenue Code,	4792
receipts from hedging transactions also are excluded to the extent	4793
the transactions are entered into primarily to protect a financial	4794
position, such as managing the risk of exposure to (i) foreign	4795
currency fluctuations that affect assets, liabilities, profits,	4796
losses, equity, or investments in foreign operations; (ii)	4797
interest rate fluctuations; or (iii) commodity price fluctuations.	4798
As used in division (F)(2)(c) of this section, "hedging	4799
transaction" has the same meaning as used in section 1221 of the	4800
Internal Revenue Code and also includes transactions accorded	4801
hedge accounting treatment under statement of financial accounting	4802
standards number 133 of the financial accounting standards board.	4803
For the purposes of division (F)(2)(c) of this section, the actual	4804
transfer of title of real or tangible personal property to another	4805
entity is not a hedging transaction.	4806

(d) Proceeds received attributable to the repayment,	4807
maturity, or redemption of the principal of a loan, bond, mutual	4808
fund, certificate of deposit, or marketable instrument;	4809

(e) The principal amount received under a repurchase	4810
agreement or on account of any transaction properly characterized	4811
as a loan to the person;	4812

(f) Contributions received by a trust, plan, or other	4813
arrangement, any of which is described in section 501(a) of the	4814
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	4815
1, Subchapter (D) of the Internal Revenue Code applies;	4816

(g) Compensation, whether current or deferred, and whether in	4817
cash or in kind, received or to be received by an employee, former	4818
employee, or the employee's legal successor for services rendered	4819
to or for an employer, including reimbursements received by or for	4820
an individual for medical or education expenses, health insurance	4821
premiums, or employee expenses, or on account of a dependent care	4822
spending account, legal services plan, any cafeteria plan	4823
described in section 125 of the Internal Revenue Code, or any	4824
similar employee reimbursement;	4825

(h) Proceeds received from the issuance of the taxpayer's own	4826
stock, options, warrants, puts, or calls, or from the sale of the	4827
taxpayer's treasury stock;	4828

(i) Proceeds received on the account of payments from	4829
insurance policies, except those proceeds received for the loss of	4830
business revenue;	4831

(j) Gifts or charitable contributions received; membership	4832
dues received by trade, professional, homeowners', or condominium	4833
associations; and payments received for educational courses,	4834
meetings, meals, or similar payments to a trade, professional, or	4835
other similar association; and fundraising receipts received by	4836
any person when any excess receipts are donated or used	4837
exclusively for charitable purposes;	4838

(k) Damages received as the result of litigation in excess of	4839
amounts that, if received without litigation, would be gross	4840
receipts;	4841

(l) Property, money, and other amounts received or acquired	4842
by an agent on behalf of another in excess of the agent's	4843
commission, fee, or other remuneration;	4844

(m) Tax refunds, other tax benefit recoveries, and	4845
reimbursements for the tax imposed under this chapter made by	4846
entities that are part of the same combined taxpayer or	4847
consolidated elected taxpayer group, and reimbursements made by	4848
entities that are not members of a combined taxpayer or	4849
consolidated elected taxpayer group that are required to be made	4850
for economic parity among multiple owners of an entity whose tax	4851
obligation under this chapter is required to be reported and paid	4852
entirely by one owner, pursuant to the requirements of sections	4853
5751.011 and 5751.012 of the Revised Code;	4854

(n) Pension reversions;

4855

(o) Contributions to capital;

4856

(p) Sales or use taxes collected as a vendor or an	4857
out-of-state seller on behalf of the taxing jurisdiction from a	4858
consumer or other taxes the taxpayer is required by law to collect	4859
directly from a purchaser and remit to a local, state, or federal	4860
tax authority;	4861

(q) In the case of receipts from the sale of cigarettes or	4862
tobacco products by a wholesale dealer, retail dealer,	4863
distributor, manufacturer, or seller, all as defined in section	4864
5743.01 of the Revised Code, an amount equal to the federal and	4865
state excise taxes paid by any person on or for such cigarettes or	4866
tobacco products under subtitle E of the Internal Revenue Code or	4867
Chapter 5743. of the Revised Code;	4868

(r) In the case of receipts from the sale of motor fuel by a	4869
licensed motor fuel dealer, licensed retail dealer, or licensed	4870
permissive motor fuel dealer, all as defined in section 5735.01 of	4871
the Revised Code, an amount equal to federal and state excise	4872
taxes paid by any person on such motor fuel under section 4081 of	4873
the Internal Revenue Code or Chapter 5735. of the Revised Code;	4874

(s) In the case of receipts from the sale of beer or	4875
intoxicating liquor, as defined in section 4301.01 of the Revised	4876
Code, by a person holding a permit issued under Chapter 4301. or	4877
4303. of the Revised Code, an amount equal to federal and state	4878
excise taxes paid by any person on or for such beer or	4879
intoxicating liquor under subtitle E of the Internal Revenue Code	4880
or Chapter 4301. or 4305. of the Revised Code;	4881

(t) Receipts realized by a new motor vehicle dealer or used	4882
motor vehicle dealer, as defined in section 4517.01 of the Revised	4883
Code, from the sale or other transfer of a motor vehicle, as	4884
defined in that section, to another motor vehicle dealer for the	4885
purpose of resale by the transferee motor vehicle dealer, but only	4886
if the sale or other transfer was based upon the transferee's need	4887
to meet a specific customer's preference for a motor vehicle;	4888

(u) Receipts from a financial institution described in	4889
division (E)(3) of this section for services provided to the	4890
financial institution in connection with the issuance, processing,	4891
servicing, and management of loans or credit accounts, if such	4892
financial institution and the recipient of such receipts have at	4893
least fifty per cent of their ownership interests owned or	4894
controlled, directly or constructively through related interests,	4895
by common owners;	4896

(v) Receipts realized from administering anti-neoplastic	4897
drugs and other cancer chemotherapy, biologicals, therapeutic	4898
agents, and supportive drugs in a physician's office to patients	4899
with cancer;	4900

(w) Funds received or used by a mortgage broker that is not a	4901
dealer in intangibles, other than fees or other consideration,	4902
pursuant to a table-funding mortgage loan or warehouse-lending	4903
mortgage loan. Terms used in division (F)(2)(w) of this section	4904
have the same meanings as in section 1322.01 of the Revised Code,	4905
except "mortgage broker" means a person assisting a buyer in	4906
obtaining a mortgage loan for a fee or other consideration paid by	4907
the buyer or a lender, or a person engaged in table-funding or	4908
warehouse-lending mortgage loans that are first lien mortgage	4909
loans.	4910

(x) Property, money, and other amounts received by a	4911
professional employer organization, as defined in section 4125.01	4912
of the Revised Code, from a client employer, as defined in that	4913
section, in excess of the administrative fee charged by the	4914
professional employer organization to the client employer;	4915

(y) In the case of amounts retained as commissions by a	4916
permit holder under Chapter 3769. of the Revised Code, an amount	4917
equal to the amounts specified under that chapter that must be	4918
paid to or collected by the tax commissioner as a tax and the	4919
amounts specified under that chapter to be used as purse money;	4920

(z) Qualifying distribution center receipts.

4921

(i) For purposes of division (F)(2)(z) of this section:

4922

(I) "Qualifying distribution center receipts" means receipts	4923
of a supplier from qualified property that is delivered to a	4924
qualified distribution center, multiplied by a quantity that	4925
equals one minus the Ohio delivery percentage.	4926

(II) "Qualified property" means tangible personal property	4927
delivered to a qualified distribution center that is shipped to	4928
that qualified distribution center solely for further shipping by	4929
the qualified distribution center to another location in this	4930
state or elsewhere. "Further shipping" includes storing and	4931
repackaging such property into smaller or larger bundles, so long	4932
as such property is not subject to further manufacturing or	4933
processing.	4934

(III) "Qualified distribution center" means a warehouse or	4935
other similar facility in this state that, for the qualifying	4936
year, is operated by a person that is not part of a combined	4937
taxpayer group and that has a qualifying certificate. However, all	4938
warehouses or other similar facilities that are operated by	4939
persons in the same taxpayer group and that are located within one	4940
mile of each other shall be treated as one qualified distribution	4941
center.	4942

(IV) "Qualifying year" means the calendar year to which the	4943
qualifying certificate applies.	4944

(V) "Qualifying period" means the period of the first day of	4945
July of the second year preceding the qualifying year through the	4946
thirtieth day of June of the year preceding the qualifying year.	4947

(VI) "Qualifying certificate" means the certificate issued by	4948
the tax commissioner after the operator of a distribution center	4949
files an annual application with the commissioner. The application	4950
and annual fee shall be filed and paid for each qualified	4951
distribution center on or before the first day of September before	4952
the qualifying year or within forty-five days after the	4953
distribution center opens, whichever is later.	4954

The applicant must substantiate to the commissioner's	4955
satisfaction that, for the qualifying period, all persons	4956
operating the distribution center have more than fifty per cent of	4957
the cost of the qualified property shipped to a location such that	4958
it would be sitused outside this state under the provisions of	4959
division (E) of section 5751.033 of the Revised Code. The	4960
applicant must also substantiate that the distribution center	4961
cumulatively had costs from its suppliers equal to or exceeding	4962
five hundred million dollars during the qualifying period. (For	4963
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	4964
excludes any person that is part of the consolidated elected	4965
taxpayer group, if applicable, of the operator of the qualified	4966
distribution center.) The commissioner may require the applicant	4967
to have an independent certified public accountant certify that	4968
the calculation of the minimum thresholds required for a qualified	4969
distribution center by the operator of a distribution center has	4970
been made in accordance with generally accepted accounting	4971
principles. The commissioner shall issue or deny the issuance of a	4972
certificate within sixty days after the receipt of the	4973
application. A denial is subject to appeal under section 5717.02	4974
of the Revised Code. If the operator files a timely appeal under	4975
section 5717.02 of the Revised Code, the operator shall be granted	4976
a qualifying certificate, provided that the operator is liable for	4977
any tax, interest, or penalty upon amounts claimed as qualifying	4978
distribution center receipts, other than those receipts exempt	4979
under division (C)(1) of section 5751.011 of the Revised Code,	4980
that would have otherwise not been owed by its suppliers if the	4981
qualifying certificate was valid.	4982

(VII) "Ohio delivery percentage" means the proportion of the	4983
total property delivered to a destination inside Ohio from the	4984
qualified distribution center during the qualifying period	4985
compared with total deliveries from such distribution center	4986
everywhere during the qualifying period.	4987

(ii) If the distribution center is new and was not open for	4988
the entire qualifying period, the operator of the distribution	4989
center may request that the commissioner grant a qualifying	4990
certificate. If the certificate is granted and it is later	4991
determined that more than fifty per cent of the qualified property	4992
during that year was not shipped to a location such that it would	4993
be sitused outside of this state under the provisions of division	4994
(E) of section 5751.033 of the Revised Code or if it is later	4995
determined that the person that operates the distribution center	4996
had average monthly costs from its suppliers of less than forty	4997
million dollars during that year, then the operator of the	4998
distribution center shall be liable for any tax, interest, or	4999
penalty upon amounts claimed as qualifying distribution center	5000
receipts, other than those receipts exempt under division (C)(1)	5001
of section 5751.011 of the Revised Code, that would have not	5002
otherwise been owed by its suppliers during the qualifying year if	5003
the qualifying certificate was valid. (For purposes of division	5004
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	5005
is part of the consolidated elected taxpayer group, if applicable,	5006
of the operator of the qualified distribution center.)	5007

(iii) When filing an application for a qualifying certificate	5008
under division (F)(2)(z)(i)(VI) of this section, the operator of a	5009
qualified distribution center also shall provide documentation, as	5010
the commissioner requires, for the commissioner to ascertain the	5011
Ohio delivery percentage. The commissioner, upon issuing the	5012
qualifying certificate, also shall certify the Ohio delivery	5013
percentage. The operator of the qualified distribution center may	5014
appeal the commissioner's certification of the Ohio delivery	5015
percentage in the same manner as an appeal is taken from the	5016
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	5017
of this section.	5018

Within thirty days after all appeals have been exhausted, the	5019
operator of the qualified distribution center shall notify the	5020
affected suppliers of qualified property that such suppliers are	5021
required to file, within sixty days after receiving notice from	5022
the operator of the qualified distribution center, amended reports	5023
for the impacted calendar quarter or quarters or calendar year,	5024
whichever the case may be. Any additional tax liability or tax	5025
overpayment shall be subject to interest but shall not be subject	5026
to the imposition of any penalty so long as the amended returns	5027
are timely filed. The supplier of tangible personal property	5028
delivered to the qualified distribution center shall include in	5029
its report of taxable gross receipts the receipts from the total	5030
sales of property delivered to the qualified distribution center	5031
for the calendar quarter or calendar year, whichever the case may	5032
be, multiplied by the Ohio delivery percentage for the qualifying	5033
year. Nothing in division (F)(2)(z)(iii) of this section shall be	5034
construed as imposing liability on the operator of a qualified	5035
distribution center for the tax imposed by this chapter arising	5036
from any change to the Ohio delivery percentage.	5037

(iv) In the case where the distribution center is new and not	5038
open for the entire qualifying period, the operator shall make a	5039
good faith estimate of an Ohio delivery percentage for use by	5040
suppliers in their reports of taxable gross receipts for the	5041
remainder of the qualifying period. The operator of the facility	5042
shall disclose to the suppliers that such Ohio delivery percentage	5043
is an estimate and is subject to recalculation. By the due date of	5044
the next application for a qualifying certificate, the operator	5045
shall determine the actual Ohio delivery percentage for the	5046
estimated qualifying period and proceed as provided in division	5047
(F)(2)(z)(iii) of this section with respect to the calculation and	5048
recalculation of the Ohio delivery percentage. The supplier is	5049
required to file, within sixty days after receiving notice from	5050
the operator of the qualified distribution center, amended reports	5051
for the impacted calendar quarter or quarters or calendar year,	5052
whichever the case may be. Any additional tax liability or tax	5053
overpayment shall be subject to interest but shall not be subject	5054
to the imposition of any penalty so long as the amended returns	5055
are timely filed.	5056

(v) Qualifying certificates and Ohio delivery percentages	5057
issued by the commissioner shall be open to public inspection and	5058
shall be timely published by the commissioner. A supplier relying	5059
in good faith on a certificate issued under this division shall	5060
not be subject to tax on the qualifying distribution center	5061
receipts under division (F)(2)(z) of this section. A person	5062
receiving a qualifying certificate is responsible for paying the	5063
tax, interest, and penalty upon amounts claimed as qualifying	5064
distribution center receipts that would not otherwise have been	5065
owed by the supplier if the qualifying certificate were available	5066
when it is later determined that the qualifying certificate should	5067
not have been issued because the statutory requirements were in	5068
fact not met.	5069

(vi) The annual fee for a qualifying certificate shall be one	5070
hundred thousand dollars for each qualified distribution center.	5071
If a qualifying certificate is not issued, the annual fee is	5072
subject to refund after the exhaustion of all appeals provided for	5073
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	5074
under this division may be assessed in the same manner as the tax	5075
imposed under this chapter. The first one hundred thousand dollars	5076
of the annual application fees collected each calendar year shall	5077
be credited to the commercial activity tax administrative fund.	5078
The remainder of the annual application fees collected shall be	5079
distributed in the same manner required under section 5751.20 of	5080
the Revised Code.	5081

(vii) The tax commissioner may require that adequate security	5082
be posted by the operator of the distribution center on appeal	5083
when the commissioner disagrees that the applicant has met the	5084
minimum thresholds for a qualified distribution center as set	5085
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	5086
section.	5087

(aa) Receipts of an employer from payroll deductions relating	5088
to the reimbursement of the employer for advancing moneys to an	5089
unrelated third party on an employee's behalf;	5090

(bb) Cash discounts allowed and taken;

5091

(cc) Returns and allowances;

5092

(dd) Bad debts from receipts on the basis of which the tax	5093
imposed by this chapter was paid in a prior quarterly tax payment	5094
period. For the purpose of this division, "bad debts" means any	5095
debts that have become worthless or uncollectible between the	5096
preceding and current quarterly tax payment periods, have been	5097
uncollected for at least six months, and that may be claimed as a	5098
deduction under section 166 of the Internal Revenue Code and the	5099
regulations adopted under that section, or that could be claimed	5100
as such if the taxpayer kept its accounts on the accrual basis.	5101
"Bad debts" does not include repossessed property, uncollectible	5102
amounts on property that remains in the possession of the taxpayer	5103
until the full purchase price is paid, or expenses in attempting	5104
to collect any account receivable or for any portion of the debt	5105
recovered;	5106

(ee) Any amount realized from the sale of an account	5107
receivable to the extent the receipts from the underlying	5108
transaction giving rise to the account receivable were included in	5109
the gross receipts of the taxpayer;	5110

(ff) Any receipts for which the tax imposed by this chapter	5111
is prohibited by the Constitution or laws of the United States or	5112
the Constitution of Ohio.	5113

(gg) Amounts realized by licensed motor fuel dealers or	5114
licensed permissive motor fuel dealers from the exchange of	5115
petroleum products, including motor fuel, between such dealers,	5116
provided that delivery of the petroleum products occurs at a	5117
refinery, terminal, pipeline, or marine vessel and that the	5118
exchanging dealers agree neither dealer shall require monetary	5119
compensation from the other for the value of the exchanged	5120
petroleum products other than such compensation for differences in	5121
product location or grade. Division (F)(2)(gg) of this section	5122
does not apply to amounts realized as a result of differences in	5123
location or grade of exchanged petroleum products or from	5124
handling, lubricity, dye, or other additive injections fees,	5125
pipeline security fees, or similar fees. As used in this division,	5126
"motor fuel," "licensed motor fuel dealer," "licensed permissive	5127
motor fuel dealer," and "terminal" have the same meanings as in	5128
section 5735.01 of the Revised Code.	5129

(3) In the case of a taxpayer when acting as a real estate	5130
broker, "gross receipts" includes only the portion of any fee for	5131
the service of a real estate broker, or service of a real estate	5132
salesperson associated with that broker, that is retained by the	5133
broker and not paid to an associated real estate salesperson or	5134
another real estate broker. For the purposes of this division,	5135
"real estate broker" and "real estate salesperson" have the same	5136
meanings as in section 4735.01 of the Revised Code.	5137

(4) A taxpayer's method of accounting for gross receipts for	5138
a tax period shall be the same as the taxpayer's method of	5139
accounting for federal income tax purposes for the taxpayer's	5140
federal taxable year that includes the tax period. If a taxpayer's	5141
method of accounting for federal income tax purposes changes, its	5142
method of accounting for gross receipts under this chapter shall	5143
be changed accordingly.	5144

(G) "Taxable gross receipts" means gross receipts sitused to	5145
this state under section 5751.033 of the Revised Code.	5146

(H) A person has "substantial nexus with this state" if any	5147
of the following applies. The person:	5148

(1) Owns or uses a part or all of its capital in this state;

5149

(2) Holds a certificate of compliance with the laws of this	5150
state authorizing the person to do business in this state;	5151

(3) Has bright-line presence in this state;

5152

(4) Otherwise has nexus with this state to an extent that the	5153
person can be required to remit the tax imposed under this chapter	5154
under the Constitution of the United States.	5155

(I) A person has "bright-line presence" in this state for a	5156
reporting period and for the remaining portion of the calendar	5157
year if any of the following applies. The person:	5158

(1) Has at any time during the calendar year property in this	5159
state with an aggregate value of at least fifty thousand dollars.	5160
For the purpose of division (I)(1) of this section, owned property	5161
is valued at original cost and rented property is valued at eight	5162
times the net annual rental charge.	5163

(2) Has during the calendar year payroll in this state of at	5164
least fifty thousand dollars. Payroll in this state includes all	5165
of the following:	5166

(a) Any amount subject to withholding by the person under	5167
section 5747.06 of the Revised Code;	5168

(b) Any other amount the person pays as compensation to an	5169
individual under the supervision or control of the person for work	5170
done in this state; and	5171

(c) Any amount the person pays for services performed in this	5172
state on its behalf by another.	5173

(3) Has during the calendar year taxable gross receipts of	5174
at least five hundred thousand dollars.	5175

(4) Has at any time during the calendar year within this	5176
state at least twenty-five per cent of the person's total	5177
property, total payroll, or total gross receipts.	5178

(5) Is domiciled in this state as an individual or for	5179
corporate, commercial, or other business purposes.	5180

(J) "Tangible personal property" has the same meaning as in	5181
section 5739.01 of the Revised Code.	5182

(K) "Internal Revenue Code" means the Internal Revenue Code	5183
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	5184
this chapter that is not otherwise defined has the same meaning as	5185
when used in a comparable context in the laws of the United States	5186
relating to federal income taxes unless a different meaning is	5187
clearly required. Any reference in this chapter to the Internal	5188
Revenue Code includes other laws of the United States relating to	5189
federal income taxes.	5190

(L) "Calendar quarter" means a three-month period ending on	5191
the thirty-first day of March, the thirtieth day of June, the	5192
thirtieth day of September, or the thirty-first day of December.	5193

(M) "Tax period" means the calendar quarter or calendar year	5194
on the basis of which a taxpayer is required to pay the tax	5195
imposed under this chapter.	5196

(N) "Calendar year taxpayer" means a taxpayer for which the	5197
tax period is a calendar year.	5198

(O) "Calendar quarter taxpayer" means a taxpayer for which	5199
the tax period is a calendar quarter.	5200

(P) "Agent" means a person authorized by another person to	5201
act on its behalf to undertake a transaction for the other,	5202
including any of the following:	5203

(1) A person receiving a fee to sell financial instruments;

5204

(2) A person retaining only a commission from a transaction	5205
with the other proceeds from the transaction being remitted to	5206
another person;	5207

(3) A person issuing licenses and permits under section	5208
1533.13 of the Revised Code;	5209

(4) A lottery sales agent holding a valid license issued	5210
under section 3770.05 of the Revised Code;	5211

(5) A person acting as an agent of the division of liquor	5212
control under section 4301.17 of the Revised Code.	5213

(Q) "Received" includes amounts accrued under the accrual	5214
method of accounting.	5215

(R) "Reporting person" means a person in a consolidated	5216
elected taxpayer or combined taxpayer group that is designated by	5217
that group to legally bind the group for all filings and tax	5218
liabilities and to receive all legal notices with respect to	5219
matters under this chapter, or, for the purposes of section	5220
5751.04 of the Revised Code, a separate taxpayer that is not a	5221
member of such a group.	5222

Section 101.02. That existing sections 122.075, 125.11,	5223
127.12, 164.04, 164.08, 306.35, 4163.07, 4301.62, 4501.02,	5224
4501.06, 4501.21, 4501.81, 4503.03, 4503.04, 4503.521, 4503.62,	5225
4503.94, 4505.06, 4505.09, 4506.08, 4507.05, 4507.23, 4510.43,	5226
4511.108, 4511.53, 4511.69, 4513.24, 4517.01, 4517.02, 4517.33,	5227
4582.12, 4582.31, 4905.802, 5501.51, 5501.55, 5502.011, 5525.15,	5228
5577.042, and 5751.01 of the Revised Code are hereby repealed.	5229

Section 105.01. That sections 4501.14 and 4905.801 of the	5230
Revised Code are hereby repealed.	5231

Section 201.10.  Except as otherwise provided, all	5232
appropriation items in this act are hereby appropriated out of any	5233
moneys in the state treasury to the credit of the designated fund	5234
that are not otherwise appropriated. For all appropriations made	5235
in this act, the amounts in the first column are for fiscal year	5236
2012 and the amounts in the second column are for fiscal year	5237
2013.	5238

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

5239

FUND

TITLE

FY 2012

FY 2013

5240

Highway Operating Fund Group	5241

2120	772426		Highway Infrastructure Bank - Federal		$	6,775,000		$	6,725,000		5242
2120	772427		Highway Infrastructure Bank - State		$	12,700,000		$	12,750,000		5243
2120	772430		Infrastructure Debt Reserve Title 23-49		$	525,000		$	525,000		5244
2130	772431		Roadway Infrastructure Bank - State		$	2,500,000		$	2,500,000		5245
2130	772433		Infrastructure Debt Reserve - State		$	1,000,000		$	1,000,000		5246
2130	775457		Transit Infrastructure Bank - State		$	250,000		$	250,000		5247
2130	777477		Aviation Infrastructure Bank - State		$	1,250,000		$	1,250,000		5248
7002	771411		Planning and Research - State		$	23,474,971		$	23,057,800		5249
7002	771412		Planning and Research - Federal		$	28,647,965		$	28,925,138		5250
7002	772421		Highway Construction - State		$	495,573,672		$	472,982,710		5251
7002	772422		Highway Construction - Federal		$	1,146,641,723		$	1,180,471,714		5252
7002	772424		Highway Construction - Other		$	80,000,000		$	80,000,000		5253
7002	772437		GARVEE Debt Service - State		$	31,918,500		$	33,276,100		5254
7002	772438		GARVEE Debt Service - Federal		$	139,155,600		$	144,590,400		5255
7002	773431		Highway Maintenance - State		$	454,853,435		$	469,400,101		5256
7002	775452		Public Transportation - Federal		$	27,060,785		$	27,060,785		5257
7002	775454		Public Transportation - Other		$	1,500,000		$	1,500,000		5258
7002	775459		Elderly and Disabled Special Equipment		$	4,730,000		$	4,730,000		5259
7002	776462		Grade Crossings - Federal		$	14,200,000		$	14,240,000		5260
7002	777472		Airport Improvements - Federal		$	405,000		$	405,000		5261
7002	777475		Aviation Administration		$	5,453,108		$	5,374,144		5262
7002	779491		Administration - State		$	136,462,349		$	140,904,501		5263
TOTAL HOF Highway Operating											5264
Fund Group					$	2,615,077,108		$	2,651,918,393		5265

State Special Revenue Fund Group	5266

4N40	776663		Panhandle Lease Reserve Payments		$	764,300		$	0		5267
4N40	776664		Rail Transportation - Other		$	2,111,500		$	2,875,800		5268
5W90	777615		County Airport Maintenance		$	620,000		$	620,000		5269
TOTAL SSR State Special Revenue											5270
Fund Group					$	3,495,800		$	3,495,800		5271

Infrastructure Bank Obligations Fund Group	5272

7045	772428		Highway Infrastructure Bank - Bonds		$	45,400,000		$	98,000,000		5273
TOTAL 045 Infrastructure Bank											5274
Obligations Fund Group					$	45,400,000		$	98,000,000		5275

Highway Capital Improvement Fund Group	5276

7042	772723		Highway Construction - Bonds		$	36,600,000		$	91,600,000		5277
TOTAL 042 Highway Capital											5278
Improvement Fund Group					$	36,600,000		$	91,600,000		5279
TOTAL ALL BUDGET FUND GROUPS					$	2,700,572,908		$	2,845,014,193		5280

Section 203.20. PUBLIC ACCESS ROADS FOR DNR FACILITIES

5282

Of the foregoing appropriation item 772421, Highway	5283
Construction – State, $5,000,000 shall be used in each fiscal year	5284
for the construction, reconstruction, or maintenance of public	5285
access roads, including support features, to and within state	5286
facilities owned or operated by the Department of Natural	5287
Resources.	5288

Section 203.30. PUBLIC ACCESS FOR ROADS FOR PARKS AND	5289
EXPOSITIONS COMMISSION'S FACILITIES	5290

Notwithstanding section 5511.06 of the Revised Code, of the	5291
foregoing appropriation item 772421, Highway Construction – State,	5292
$2,228,000 in each fiscal year shall be used for the construction,	5293
reconstruction, or maintenance of park drives or park roads within	5294
the boundaries of metropolitan parks.	5295

The Department of Transportation may use the foregoing	5296
appropriation item 772421, Highway Construction – State, to	5297
perform related road work on behalf of the Ohio Expositions	5298
Commission at the state fairgrounds, including reconstruction or	5299
maintenance of public access roads and support features to and	5300
within fairgrounds facilities, as requested by the Commission and	5301
approved by the Director of Transportation.	5302

Section 203.30.10. SHARONVILLE RAIL YARD STUDY

5303

Of the foregoing appropriation item 776664, Rail	5304
Transportation - Other, $25,000 shall be used in fiscal year 2012	5305
for a study of the capacity and design of the Sharonville Rail	5306
Yard. The study shall include recommendations for possible	5307
improvements to or redesign of the rail yard.	5308

Section 203.40.  ISSUANCE OF BONDS

5309

The Treasurer of State, upon the request of the Director of	5310
Transportation, is authorized to issue and sell, in accordance	5311
with Section 2m of Article VIII, Ohio Constitution, and Chapter	5312
151. and particularly sections 151.01 and 151.06 of the Revised	5313
Code, obligations, including bonds and notes, in the aggregate	5314
amount of $123,000,000 in addition to the original issuance of	5315
obligations authorized by prior acts of the General Assembly.	5316

The obligations shall be issued and sold from time to time in	5317
amounts necessary to provide sufficient moneys to the credit of	5318
the Highway Capital Improvement Fund (Fund 7042) created by	5319
section 5528.53 of the Revised Code to pay costs charged to the	5320
fund when due as estimated by the Director of Transportation,	5321
provided, however, that such obligations shall be issued and sold	5322
at such time or times so that not more than $220,000,000 original	5323
principal amount of obligations, plus the principal amount of	5324
obligations that in prior fiscal years could have been, but were	5325
not, issued within the $220,000,000 limit, may be issued in any	5326
fiscal year, and not more than $1,200,000,000 original principal	5327
amount of such obligations are outstanding at any one time.	5328

Section 203.50. TRANSFER OF HIGHWAY OPERATING FUND (FUND	5329
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION,	5330
HIGHWAY MAINTENANCE, PUBLIC TRANSPORTATION, RAIL, AVIATION, AND	5331
ADMINISTRATION	5332

The Director of Budget and Management may approve requests	5333
from the Director of Transportation for transfer of Highway	5334
Operating Fund (Fund 7002) appropriations for planning and	5335
research (appropriation items 771411 and 771412), highway	5336
construction and debt service (appropriation items 772421, 772422,	5337
772424, 772437, and 772438), highway maintenance (appropriation	5338
item 773431), public transportation - federal (appropriation item	5339
775452), elderly and disabled special equipment (appropriation	5340
item 775459), rail grade crossings (appropriation item 776462),	5341
aviation (appropriation item 777475), and administration	5342
(appropriation item 779491). The Director of Budget and Management	5343
may not make transfers out of debt service appropriation items	5344
unless the Director determines that the appropriated amounts	5345
exceed the actual and projected debt service requirements.	5346
Transfers of appropriations may be made upon the written request	5347
of the Director of Transportation and with the approval of the	5348
Director of Budget and Management. The transfers shall be reported	5349
to the Controlling Board at the next regularly scheduled meeting	5350
of the board.	5351

This transfer authority is intended to provide for emergency	5352
situations and flexibility to meet unforeseen conditions that	5353
could arise during the budget period. It also is intended to allow	5354
the department to optimize the use of available resources and	5355
adjust to circumstances affecting the obligation and expenditure	5356
of federal funds.	5357

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY, TRANSIT,	5358
AVIATION, AND RAIL AND LOCAL TRANSIT	5359

The Director of Budget and Management may approve written	5360
requests from the Director of Transportation for the transfer of	5361
appropriations between appropriation items 772422, Highway	5362
Construction - Federal, 775452, Public Transportation - Federal,	5363
775454, Public Transportation - Other, 775459, Elderly and	5364
Disabled Special Equipment, 776475, Federal Rail Administration,	5365
and 777472, Airport Improvements - Federal. The transfers shall be	5366
reported to the Controlling Board at its next regularly scheduled	5367
meeting.	5368

TRANSFER OF APPROPRIATIONS - ARRA

5369

The Director of Budget and Management may approve written	5370
requests from the Director of Transportation for the transfer of	5371
appropriations between appropriation items 771412, Planning and	5372
Research – Federal, 772422, Highway Construction - Federal,	5373
772424, Highway Construction – Other, 775452, Public	5374
Transportation - Federal, 776462, Grade Crossing - Federal, and	5375
777472, Airport Improvements - Federal, based upon the	5376
requirements of the American Recovery and Reinvestment Act of 2009	5377
that apply to the money appropriated. The transfers shall be	5378
reported to the Controlling Board at its next regularly scheduled	5379
meeting.	5380

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	5381
BANK	5382

The Director of Budget and Management may approve requests	5383
from the Director of Transportation for transfer of appropriations	5384
and cash of the Infrastructure Bank funds created in section	5385
5531.09 of the Revised Code, including transfers between fiscal	5386
years 2012 and 2013. The transfers shall be reported to the	5387
Controlling Board at its next regularly scheduled meeting.	5388

The Director of Budget and Management may approve requests	5389
from the Director of Transportation for transfer of appropriations	5390
and cash from the Highway Operating Fund (Fund 7002) to the	5391
Infrastructure Bank funds created in section 5531.09 of the	5392
Revised Code. The Director of Budget and Management may transfer	5393
from the Infrastructure Bank funds to the Highway Operating Fund	5394
up to the amounts originally transferred to the Infrastructure	5395
Bank funds under this section. However, the Director may not make	5396
transfers between modes or transfers between different funding	5397
sources. The transfers shall be reported to the Controlling Board	5398
at its next regularly scheduled meeting.	5399

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

5400

The Director of Budget and Management may approve requests	5401
from the Director of Transportation for transfer of appropriations	5402
and cash of the Ohio Toll Fund and any subaccounts created in	5403
section 5531.14 of the Revised Code, including transfers between	5404
fiscal years 2012 and 2013. The transfers shall be reported to the	5405
Controlling Board at its next regularly scheduled meeting.	5406

INCREASING APPROPRIATIONS: STATE FUNDS

5407

In the event that receipts or unexpended balances credited to	5408
the Highway Operating Fund (Fund 7002) exceed the estimates upon	5409
which the appropriations have been made in this act, upon the	5410
request of the Director of Transportation, the Controlling Board	5411
may increase those appropriations in the manner prescribed in	5412
section 131.35 of the Revised Code.	5413

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

5414

In the event that receipts or unexpended balances credited to	5415
the Highway Operating Fund (Fund 7002) or apportionments or	5416
allocations made available from the federal and local government	5417
exceed the estimates upon which the appropriations have been made	5418
in this act, upon the request of the Director of Transportation,	5419
the Controlling Board may increase those appropriations in the	5420
manner prescribed in section 131.35 of the Revised Code.	5421

REAPPROPRIATIONS

5422

Upon approval of the Director of Budget and Management, all	5423
appropriations of the Highway Operating Fund (Fund 7002), the	5424
Highway Capital Improvement Fund (Fund 7042), and the	5425
Infrastructure Bank funds created in section 5531.09 of the	5426
Revised Code remaining unencumbered on June 30, 2011, are hereby	5427
reappropriated for the same purpose in fiscal year 2012.	5428

Upon approval of the Director of Budget and Management, all	5429
appropriations of the Highway Operating Fund (Fund 7002), the	5430
Highway Capital Improvement Fund (Fund 7042), and the	5431
Infrastructure Bank funds created in section 5531.09 of the	5432
Revised Code remaining unencumbered on June 30, 2012, are hereby	5433
reappropriated for the same purpose in fiscal year 2013.	5434

Any balances of prior years' appropriations to the Highway	5435
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	5436
(Fund 7042), and the Infrastructure Bank funds created in section	5437
5531.09 of the Revised Code that are unencumbered on June 30,	5438
2011, subject to the availability of revenue as determined by the	5439
Director of Transportation, are hereby reappropriated for the same	5440
purpose in fiscal year 2012 upon the request of the Director of	5441
Transportation and with the approval of the Director of Budget and	5442
Management. The reappropriations shall be reported to the	5443
Controlling Board.	5444

Any balances of prior years' appropriations to the Highway	5445
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	5446
(Fund 7042), and the Infrastructure Bank funds created in section	5447
5531.09 of the Revised Code that are unencumbered on June 30,	5448
2012, subject to the availability of revenue as determined by the	5449
Director of Transportation, are hereby reappropriated for the same	5450
purpose in fiscal year 2013 upon the request of the Director of	5451
Transportation and with the approval of the Director of Budget and	5452
Management. The reappropriations shall be reported to the	5453
Controlling Board.	5454

LIQUIDATION OF UNFORESEEN LIABILITIES

5455

Any appropriation made from the Highway Operating Fund (Fund	5456
7002) not otherwise restricted by law is available to liquidate	5457
unforeseen liabilities arising from contractual agreements of	5458
prior years when the prior year encumbrance is insufficient.	5459

Section  203.60. MAINTENANCE OF INTERSTATE HIGHWAYS

5460

The Director of Transportation may remove snow and ice and	5461
maintain, repair, improve, or provide lighting upon interstate	5462
highways that are located within the boundaries of municipal	5463
corporations, adequate to meet the requirements of federal law.	5464
When agreed in writing by the Director of Transportation and the	5465
legislative authority of a municipal corporation and	5466
notwithstanding sections 125.01 and 125.11 of the Revised Code,	5467
the Department of Transportation may reimburse a municipal	5468
corporation for all or any part of the costs, as provided by such	5469
agreement, incurred by the municipal corporation in maintaining,	5470
repairing, lighting, and removing snow and ice from the interstate	5471
system.	5472

Section 203.70.  PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

5473

The Director of Transportation may use revenues from the	5474
state motor vehicle fuel tax to match approved federal grants	5475
awarded to the Department of Transportation, regional transit	5476
authorities, or eligible public transportation systems, for public	5477
transportation highway purposes, or to support local or state	5478
funded projects for public transportation highway purposes. Public	5479
transportation highway purposes include: the construction or	5480
repair of high-occupancy vehicle traffic lanes, the acquisition or	5481
construction of park-and-ride facilities, the acquisition or	5482
construction of public transportation vehicle loops, the	5483
construction or repair of bridges used by public transportation	5484
vehicles or that are the responsibility of a regional transit	5485
authority or other public transportation system, or other similar	5486
construction that is designated as an eligible public	5487
transportation highway purpose. Motor vehicle fuel tax revenues	5488
may not be used for operating assistance or for the purchase of	5489
vehicles, equipment, or maintenance facilities.	5490

Section 203.80. The federal payments made to the state for	5491
highway infrastructure or for transit agencies under Title XII of	5492
Division A of the American Recovery and Reinvestment Act of 2009	5493
shall be deposited to the credit of the Highway Operating Fund	5494
(Fund 7002), which is created in section 5735.291 of the Revised	5495
Code.	5496

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

5497

State Highway Safety Fund Group	5498

4W40	762321		Operating Expense - BMV		$	71,431,380		$	71,431,380		5499
4W40	762410		Registrations Supplement		$	23,741,735		$	23,741,735		5500
5V10	762682		License Plate Contributions		$	2,100,000		$	2,100,000		5501
7036	761321		Operating Expense - Information and Education		$	7,124,366		$	7,338,097		5502
7036	761401		Lease Rental Payments		$	9,978,300		$	2,315,700		5503
7036	764033		Minor Capital Projects		$	1,250,000		$	1,250,000		5504
7036	764321		Operating Expense - Highway Patrol		$	260,744,934		$	258,365,903		5505
7036	764605		Motor Carrier Enforcement Expenses		$	2,860,000		$	2,860,000		5506
8300	761603		Salvage and Exchange - Administration		$	19,469		$	20,053		5507
8310	761610		Information and Education - Federal		$	422,084		$	434,746		5508
8310	764610		Patrol - Federal		$	2,209,936		$	2,276,234		5509
8310	764659		Transportation Enforcement - Federal		$	5,519,333		$	5,684,913		5510
8310	765610		EMS - Federal		$	532,007		$	532,007		5511
8310	769610		Food Stamp Trafficking Enforcement - Federal		$	1,546,319		$	1,546,319		5512
8310	769631		Homeland Security - Federal		$	2,184,000		$	2,184,000		5513
8320	761612		Traffic Safety - Federal		$	16,577,565		$	16,577,565		5514
8350	762616		Financial Responsibility Compliance		$	5,457,240		$	5,549,068		5515
8370	764602		Turnpike Policing		$	11,553,959		$	11,553,959		5516
8380	764606		Patrol Reimbursement		$	50,000		$	50,000		5517
83C0	764630		Contraband, Forfeiture, Other		$	622,894		$	622,894		5518
83F0	764657		Law Enforcement Automated Data System		$	9,053,266		$	9,053,266		5519
83G0	764633		OMVI Enforcement/Education		$	623,230		$	641,927		5520
83J0	764693		Highway Patrol Justice Contraband		$	2,100,000		$	2,100,000		5521
83M0	765624		Operating Expense - Trauma and EMS		$	2,632,106		$	2,711,069		5522
83N0	761611		Elementary School Seat Belt Program		$	305,600		$	305,600		5523
83P0	765637		EMS Grants		$	4,106,621		$	4,229,819		5524
83R0	762639		Local Immobilization Reimbursement		$	450,000		$	450,000		5525
83T0	764694		Highway Patrol Treasury Contraband		$	21,000		$	21,000		5526
8400	764607		State Fair Security		$	1,256,655		$	1,294,354		5527
8400	764617		Security and Investigations		$	6,432,686		$	6,432,686		5528
8400	764626		State Fairgrounds Police Force		$	849,883		$	849,883		5529
8400	769632		Homeland Security - Operating		$	737,791		$	737,791		5530
8410	764603		Salvage and Exchange - Highway Patrol		$	1,339,399		$	1,339,399		5531
8440	761613		Seat Belt Education Program		$	360,000		$	370,800		5532
8460	761625		Motorcycle Safety Education		$	3,185,013		$	3,280,563		5533
8490	762627		Automated Title Processing Board		$	17,316,755		$	14,335,513		5534
TOTAL HSF State Highway Safety Fund Group					$	476,695,526		$	464,588,243		5535

General Services Fund Group	5536

4P60	768601		Justice Program Services		$	998,104		$	1,028,047		5537
4S30	766661		Hilltop Utility Reimbursement		$	540,800		$	540,800		5538
5ET0	768625		Drug Law Enforcement		$	3,780,000		$	3,893,400		5539
5Y10	764695		Highway Patrol Continuing Professional Training		$	170,000		$	170,000		5540
5Y10	767696		Investigative Unit Continuing Professional Training		$	15,000		$	15,000		5541
TOTAL GSF General Services Fund Group					$	5,503,904		$	5,647,247		5542

Federal Special Revenue Fund Group	5543

3290	763645		Federal Mitigation Program		$	10,110,332		$	10,413,642		5544
3370	763609		Federal Disaster Relief		$	27,707,636		$	27,707,636		5545
3390	763647		Emergency Management Assistance and Training		$	75,664,821		$	77,934,765		5546
3CB0	768691		Federal Justice Grants - FFY06		$	200,000		$	50,000		5547
3CC0	768609		Justice Assistance Grants - FFY07		$	583,222		$	310,000		5548
3CD0	768610		Justice Assistance Grants – FFY08		$	310,000		$	150,000		5549
3CE0	768611		Justice Assistance Grants – FFY09		$	865,000		$	1,200,000		5550
3CV0	768697		Justice Assistance Grants Supplement – FFY08		$	2,000		$	0		5551
3DE0	768612		Federal Stimulus - Justice Assistance Grants		$	1,015,000		$	1,015,000		5552
3DH0	768613		Federal Stimulus - Justice Programs		$	150,000		$	150,000		5553
3DU0	762628		BMV Grants		$	1,525,000		$	1,580,000		5554
3EU0	768614		Justice Assistance Grants – FFY10		$	650,000		$	920,000		5555
3L50	768604		Justice Program		$	11,400,000		$	11,400,000		5556
3N50	763644		U.S. Department of Energy Agreement		$	31,672		$	31,672		5557
TOTAL FED Federal Special Revenue Fund Group					$	130,214,683		$	132,862,715		5558

State Special Revenue Fund Group	5559

4V30	763662		EMA Service and Reimbursement		$	4,368,369		$	4,499,420		5560
5390	762614		Motor Vehicle Dealers Board		$	180,000		$	185,400		5561
5B90	766632		Private Investigator and Security Guard Provider		$	1,562,637		$	1,562,637		5562
5BK0	768687		Criminal Justice Services - Operating		$	400,000		$	400,000		5563
5BK0	768689		Family Violence Shelter Programs		$	750,000		$	750,000		5564
5CM0	767691		Federal Investigative Seizure		$	300,000		$	300,000		5565
5DS0	769630		Homeland Security		$	1,414,384		$	1,414,384		5566
5FF0	762621		Indigent Interlock and Alcohol Monitoring		$	2,000,000		$	2,000,000		5567
5FL0	769634		Investigations		$	899,300		$	899,300		5568
6220	767615		Investigative Contraband and Forfeiture		$	375,000		$	375,000		5569
6570	763652		Utility Radiological Safety		$	1,415,945		$	1,415,945		5570
6810	763653		SARA Title III HAZMAT Planning		$	262,438		$	262,438		5571
8500	767628		Investigative Unit Salvage		$	90,000		$	92,700		5572
TOTAL SSR State Special Revenue Fund Group					$	14,018,073		$	14,157,224		5573

Liquor Control Fund Group	5574

7043	767321		Liquor Enforcement - Operating		$	11,897,178		$	11,897,178		5575
TOTAL LCF Liquor Control Fund Group					$	11,897,178		$	11,897,178		5576

Agency Fund Group	5577

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		5578
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		5579

Holding Account Redistribution Fund Group	5580

R024	762619		Unidentified Motor Vehicle Receipts		$	1,885,000		$	1,885,000		5581
R052	762623		Security Deposits		$	350,000		$	350,000		5582
TOTAL 090 Holding Account Redistribution Fund Group					$	2,235,000		$	2,235,000		5583
TOTAL ALL BUDGET FUND GROUPS					$	642,064,364		$	632,887,607		5584

MOTOR VEHICLE REGISTRATION

5585

The Registrar of Motor Vehicles may deposit revenues to meet	5586
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	5587
4W40) established in section 4501.25 of the Revised Code, obtained	5588
under sections 4503.02 and 4504.02 of the Revised Code, less all	5589
other available cash. Revenue deposited pursuant to this paragraph	5590
shall support, in part, appropriations for operating expenses and	5591
defray the cost of manufacturing and distributing license plates	5592
and license plate stickers and enforcing the law relative to the	5593
operation and registration of motor vehicles. Notwithstanding	5594
section 4501.03 of the Revised Code, the revenues shall be paid	5595
into Fund 4W40 before any revenues obtained pursuant to sections	5596
4503.02 and 4504.02 of the Revised Code are paid into any other	5597
fund. The deposit of revenues to meet the aforementioned cash	5598
needs shall be in approximately equal amounts on a monthly basis	5599
or as otherwise determined by the Director of Budget and	5600
Management pursuant to a plan submitted by the Registrar of Motor	5601
Vehicles.	5602

CAPITAL PROJECTS

5603

The Registrar of Motor Vehicles may transfer cash from the	5604
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	5605
Highway Safety Fund (Fund 7036) to meet its obligations for	5606
capital projects CIR-047, Department of Public Safety Office	5607
Building and CIR-049, Warehouse Facility.	5608

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

5609

The foregoing appropriation item 761401, Lease Rental	5610
Payments, shall be used for payments to the Ohio Building	5611
Authority for the period July 1, 2011, to June 30, 2013, under the	5612
primary leases and agreements for public safety related buildings	5613
financed by obligations issued under Chapter 152. of the Revised	5614
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	5615
Building Authority may, with approval of the Director of Budget	5616
and Management, lease capital facilities to the Department of	5617
Public Safety.	5618

HILLTOP TRANSFER

5619

The Director of Public Safety shall determine, per an	5620
agreement with the Director of Transportation, the share of each	5621
debt service payment made out of appropriation item 761401, Lease	5622
Rental Payments, that relates to the Department of	5623
Transportation's portion of the Hilltop Building Project, and	5624
shall certify to the Director of Budget and Management the amounts	5625
of this share. The Director of Budget and Management shall	5626
transfer the amounts of such shares from the Highway Operating	5627
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	5628

CASH TRANSFERS BETWEEN FUNDS

5629

Notwithstanding any provision of law to the contrary, the	5630
Director of Budget and Management, upon the written request of the	5631
Director of Public Safety, may approve the transfer of cash	5632
between the following six funds: the Trauma and Emergency Medical	5633
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	5634
the Investigations Fund (Fund 5FL0), the Emergency Management	5635
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	5636
Program Services Fund (Fund 4P60), and the State Bureau of Motor	5637
Vehicles Fund (Fund 4W40).	5638

CASH TRANSFERS OF SEAT BELT FINE REVENUES

5639

Notwithstanding any provision of law to the contrary, the	5640
Controlling Board, upon request of the Director of Public Safety,	5641
may approve the transfer of cash between the following four funds	5642
that receive fine revenues from enforcement of the mandatory seat	5643
belt law: the Trauma and Emergency Medical Services Fund (Fund	5644
83M0), the Elementary School Program Fund (Fund 83N0), the Trauma	5645
and Emergency Medical Services Grants Fund (Fund 83P0), and the	5646
Seat Belt Education Fund (Fund 8440).	5647

STATE DISASTER RELIEF

5648

The State Disaster Relief Fund (Fund 5330) may accept	5649
transfers of cash and appropriations from Controlling Board	5650
appropriation items for Ohio Emergency Management Agency disaster	5651
response costs and disaster program management costs, and may also	5652
be used for the following purposes:	5653

(A) To accept transfers of cash and appropriations from	5654
Controlling Board appropriation items for Ohio Emergency	5655
Management Agency public assistance and mitigation program match	5656
costs to reimburse eligible local governments and private	5657
nonprofit organizations for costs related to disasters;	5658

(B) To accept and transfer cash to reimburse the costs	5659
associated with Emergency Management Assistance Compact (EMAC)	5660
deployments;	5661

(C) To accept disaster related reimbursement from federal,	5662
state, and local governments. The Director of Budget and	5663
Management may transfer cash from reimbursements received by this	5664
fund to other funds of the state from which transfers were	5665
originally approved by the Controlling Board.	5666

(D) To accept transfers of cash and appropriations from	5667
Controlling Board appropriation items to fund the State Disaster	5668
Relief Program, for disasters that have been declared by the	5669
Governor, and the State Individual Assistance Program for	5670
disasters that have been declared by the Governor and the federal	5671
Small Business Administration. The Ohio Emergency Management	5672
Agency shall publish and make available application packets	5673
outlining procedures for the State Disaster Relief Program and the	5674
State Individual Assistance Program.	5675

JUSTICE ASSISTANCE GRANT FUND

5676

The federal payments made to the state for the Byrne Justice	5677
Assistance Grants Program under Title II of Division A of the	5678
American Recovery and Reinvestment Act of 2009 shall be deposited	5679
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	5680
which is hereby created in the state treasury. All investment	5681
earnings of the fund shall be credited to the fund.	5682

FEDERAL STIMULUS – JUSTICE PROGRAMS

5683

The federal payments made to the state for the Violence	5684
Against Women Formula Grant under Title II of Division A of the	5685
American Recovery and Reinvestment Act of 2009 shall be deposited	5686
to the credit of the Federal Stimulus – Justice Programs Fund	5687
(Fund 3DH0).	5688

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	5689
AGENCY SERVICE AND REIMBURSEMENT FUND	5690

On July 1 of each fiscal year, or as soon as possible	5691
thereafter, the Director of Budget and Management shall transfer	5692
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	5693
the Emergency Management Agency Service and Reimbursement Fund	5694
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	5695
Search and Rescue Unit and other urban search and rescue programs	5696
around the state.	5697

FAMILY VIOLENCE PREVENTION FUND

5698

Notwithstanding any provision of law to the contrary, in each	5699
of fiscal years 2012 and 2013, the first $750,000 received to the	5700
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	5701
appropriated to appropriation item 768689, Family Violence Shelter	5702
Programs, and the next $400,000 received to the credit of Fund	5703
5BK0 in each of those fiscal years shall be appropriated to	5704
appropriation item 768687, Criminal Justice Services - Operating.	5705
Any moneys received to the credit of Fund 5BK0 in excess of the	5706
aforementioned appropriated amounts in each fiscal year shall,	5707
upon the approval of the Controlling Board, be used to provide	5708
grants to family violence shelters in Ohio.	5709

SARA TITLE III HAZMAT PLANNING

5710

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	5711
entitled to receive grant funds from the Emergency Response	5712
Commission to implement the Emergency Management Agency's	5713
responsibilities under Chapter 3750. of the Revised Code.	5714

COLLECTIVE BARGAINING INCREASES

5715

Notwithstanding division (D) of section 127.14 and division	5716
(B) of section 131.35 of the Revised Code, except for the General	5717
Revenue Fund, the Controlling Board may, upon the request of	5718
either the Director of Budget and Management, or the Department of	5719
Public Safety with the approval of the Director of Budget and	5720
Management, increase appropriations for any fund, as necessary for	5721
the Department of Public Safety, to assist in paying the costs of	5722
increases in employee compensation that have occurred pursuant to	5723
collective bargaining agreements under Chapter 4117. of the	5724
Revised Code and, for exempt employees, under section 124.152 of	5725
the Revised Code.	5726

CASH BALANCE FUND REVIEW

5727

Not later than the first day of April in each fiscal year of	5728
the biennium, the Director of Budget and Management shall review	5729
the cash balances for each fund, except the State Highway Safety	5730
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	5731
4W40), in the State Highway Safety Fund Group, and shall recommend	5732
to the Controlling Board an amount to be transferred to the credit	5733
of Fund 7036 or Fund 4W40, as appropriate.	5734

Section 207.10. DEV DEPARTMENT OF DEVELOPMENT

5735

State Special Revenue Fund Group	5736

4W00	195629		Roadwork Development		$	18,699,900		$	18,699,900		5737
TOTAL SSR State Special Revenue											5738
Fund Group					$	18,699,900		$	18,699,900		5739
TOTAL ALL BUDGET FUND GROUPS					$	18,699,900		$	18,699,900		5740

ROADWORK DEVELOPMENT FUND

5741

The Roadwork Development Fund shall be used for road	5742
improvements associated with economic development opportunities	5743
that will retain or attract businesses for Ohio. "Road	5744
improvements" are improvements to public roadway facilities	5745
located on, or serving or capable of serving, a project site.	5746

The Department of Transportation, under the direction of the	5747
Department of Development, shall provide these funds in accordance	5748
with all guidelines and requirements established for Department of	5749
Development appropriation item 195412, Business Development,	5750
including Controlling Board review and approval as well as the	5751
requirements for usage of gas tax revenue prescribed in Section 5a	5752
of Article XII, Ohio Constitution. Should the Department of	5753
Development require the assistance of the Department of	5754
Transportation to bring a project to completion, the Department of	5755
Transportation shall use its authority under Title LV of the	5756
Revised Code to provide such assistance and may enter into	5757
contracts on behalf of the Department of Development. In addition,	5758
these funds may be used in conjunction with appropriation item	5759
195412, Business Development, or any other state funds	5760
appropriated for infrastructure improvements.	5761

The Director of Budget and Management, pursuant to a plan	5762
submitted by the Director of Development or as otherwise	5763
determined by the Director of Budget and Management, shall set a	5764
cash transfer schedule to meet the cash needs of the Department of	5765
Development's Roadwork Development Fund (Fund 4W00), less any	5766
other available cash. The Director shall transfer to the Roadwork	5767
Development Fund from the Highway Operating Fund (Fund 7002),	5768
established in section 5735.291 of the Revised Code, such amounts	5769
at such times as determined by the transfer schedule.	5770

TRANSPORTATION IMPROVEMENT DISTRICTS

5771

Notwithstanding section 5540.151 of the Revised Code, and any	5772
other restrictions that apply to the distribution of Roadwork	5773
Development Grants, of the foregoing appropriation item 195629,	5774
Roadwork Development, $2,750,000 in each fiscal year shall be	5775
distributed by the Director of Development to Transportation	5776
Improvement Districts. The Director shall develop eligibility	5777
criteria for Transportation Improvement Districts to receive	5778
funding under this section and no Transportation Improvement	5779
District shall receive funding unless it is certified as eligible	5780
by the Director. Eligibility criteria shall include the	5781
requirement that a Transportation Improvement District designate a	5782
specific project for which the funds will be used. Funds released	5783
to a Transportation Improvement District under this section shall	5784
be used to facilitate eligible projects and shall not be used to	5785
cover the full cost of a project or to cover any administrative	5786
costs of a project.	5787

SECURITY DEPOSIT FUND CASH TRANSFER

5788

Notwithstanding any other provision of law to the contrary,	5789
on July 1, 2011, or as soon as possible thereafter, the Director	5790
of Budget and Management shall transfer $32,027.17 in cash from	5791
the Security Deposit Fund (Fund R052) to the Roadwork Development	5792
Fund (Fund 4W00).	5793

Section 209.10. PWC PUBLIC WORKS COMMISSION

5794

Local Transportation Improvements Fund Group	5795

7052	150402		Local Transportation Improvement Program - Operating		$	299,246		$	296,555		5796
7052	150701		Local Transportation Improvement Program		$	56,000,000		$	56,000,000		5797
TOTAL 052 Local Transportation											5798
Improvements Fund Group					$	56,299,246		$	56,296,555		5799

Local Infrastructure Improvements Fund Group	5800

7038	150321		State Capital Improvements Program - Operating Expenses		$	918,000		$	910,000		5801
TOTAL LIF Local Infrastructure											5802
Improvements Fund Group					$	918,000		$	910,000		5803
TOTAL ALL BUDGET FUND GROUPS					$	57,217,246		$	57,206,555		5804

PUBLIC WORKS OPERATING EXPENSES

5805

The forgoing appropriation item 150321, State Capital	5806
Improvements Program-Operating Expenses, shall be used by the Ohio	5807
Public Works Commission to administer the State Capital	5808
Improvement Program under sections 164.01 to 164.16 of the Revised	5809
Code.	5810

DISTRICT ADMINISTRATION COSTS

5811

The Director of the Public Works Commission is authorized to	5812
create a District Administration Costs Program from interest	5813
earnings of the Capital Improvements Fund and Local Transportation	5814
Improvement Program Fund proceeds. The program shall be used to	5815
provide for the direct costs of district administration of the	5816
nineteen public works districts. Districts choosing to participate	5817
in the program shall only expend State Capital Improvements Fund	5818
moneys for State Capital Improvements Fund costs and Local	5819
Transportation Improvement Program Fund moneys for Local	5820
Transportation Improvement Program Fund costs. The account shall	5821
not exceed $1,235,000 per fiscal year. Each public works district	5822
may be eligible for up to $65,000 per fiscal year from its	5823
district allocation as provided in sections 164.08 and 164.14 of	5824
the Revised Code.	5825

The Director, by rule, shall define allowable and	5826
nonallowable costs for the purpose of the District Administration	5827
Costs Program. Nonallowable costs include indirect costs, elected	5828
official salaries and benefits, and project-specific costs. No	5829
district public works committee may participate in the District	5830
Administration Costs Program without the approval of those costs	5831
by the district public works committee under section 164.04 of the	5832
Revised Code.	5833

REAPPROPRIATIONS

5834

All capital appropriations from the Local Transportation	5835
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 2 of the	5836
128th General Assembly remaining unencumbered as of June 30, 2011,	5837
are reappropriated for use during the period July 1, 2011, through	5838
June 30, 2012, for the same purpose.	5839

Notwithstanding division (B) of section 127.14 of the Revised	5840
Code, all capital appropriations and reappropriations from the	5841
Local Transportation Improvement Program Fund (Fund 7052) in this	5842
act remaining unencumbered as of June 30, 2012, are reappropriated	5843
for use during the period July 1, 2012, through June 30, 2013, for	5844
the same purposes, subject to the availability of revenue as	5845
determined by the Director of the Public Works Commission.	5846

Section 209.20. All items in this section are hereby	5847
appropriated as designated out of any moneys in the state treasury	5848
to the credit of the State Capital Improvements Fund (Fund 7038)	5849
that are not otherwise appropriated. The appropriations made in	5850
this section are in addition to any other appropriations made for	5851
the biennium ending June 30, 2012.	5852

Appropriations

PWC PUBLIC WORKS COMMISSION	5853

C15000			Local Public Infrastructure					$	150,000,000		5854
TOTAL Public Works Commission								$	150,000,000		5855
TOTAL State Capital Improvements Fund								$	150,000,000		5856

The foregoing appropriation item C15000, Local Public	5857
Infrastructure, shall be used in accordance with sections 164.01	5858
to 164.12 of the Revised Code. The Director of the Public Works	5859
Commission may certify to the Director of Budget and Management	5860
that a need exists to appropriate investment earnings to be used	5861
in accordance with sections 164.01 to 164.12 of the Revised Code.	5862
If the Director of Budget and Management determines pursuant to	5863
division (D) of section 164.08 and section 164.12 of the Revised	5864
Code that investment earnings are available to support additional	5865
appropriations, such amounts are hereby appropriated.	5866

Section 209.21. The Ohio Public Facilities Commission is	5867
hereby authorized to issue and sell, in accordance with Section 2p	5868
of Article VIII, Ohio Constitution, and pursuant to sections	5869
151.01 and 151.08 of the Revised Code, original obligations of the	5870
state, in an aggregate principal amount not to exceed	5871
$150,000,000, in addition to the original obligations heretofore	5872
authorized by prior acts of the General Assembly. These authorized	5873
obligations shall be issued and sold from time to time, subject to	5874
applicable constitutional and statutory limitations, as needed to	5875
ensure sufficient moneys to the credit of the State Capital	5876
Improvements Fund (Fund 7038) to pay costs of the state in	5877
financing or assisting in the financing of local subdivision	5878
capital improvement projects.	5879

Section 209.30. All items in this section are hereby	5880
appropriated as designated out of any moneys in the state treasury	5881
to the credit of the State Capital Improvements Revolving Loan	5882
Fund (Fund 7040) that are not otherwise appropriated. Revenues to	5883
the State Capital Improvements Revolving Loan Fund shall consist	5884
of all repayments of loans made to local subdivisions for capital	5885
improvements, investment earnings on moneys in the fund, and	5886
moneys obtained from federal or private grants or from other	5887
sources for the purpose of making loans to finance or to assist in	5888
the financing of the cost of capital improvement projects of local	5889
subdivisions. The appropriations made in this section are in	5890
addition to any other appropriations made for the biennium ending	5891
June 30, 2012.	5892

Appropriations

PWC PUBLIC WORKS COMMISSION	5893

C15030			Revolving Loan					$	49,000,000		5894
TOTAL Public Works Commission								$	49,000,000		5895
TOTAL State Capital Improvements Revolving Loan Fund								$	49,000,000		5896

The foregoing appropriation item C15030, Revolving Loan,	5897
shall be used in accordance with sections 164.01 to 164.12 of the	5898
Revised Code.	5899

Section 209.40. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	5900
AND MANAGEMENT	5901

Notwithstanding section 126.14 of the Revised Code, the	5902
appropriations from the State Capital Improvements Fund (Fund	5903
7038) and the State Capital Improvements Revolving Loan Fund (Fund	5904
7040) to the Public Works Commission shall be released upon	5905
presentation of a request to release the funds by the Director of	5906
the Public Works Commission to the Director of Budget and	5907
Management.	5908

Section 209.50. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	5909
REVISED CODE	5910

The capital improvements for which appropriations are made in	5911
this act from the State Capital Improvements Fund (Fund 7038) are	5912
determined to be capital improvements and capital facilities for	5913
local subdivision capital improvement projects and are designated	5914
as capital facilities to which proceeds of obligations issued	5915
under Chapter 151. of the Revised Code are to be applied.	5916

Section 509.10. AUTHORIZATION FOR OHIO BUILDING AUTHORITY AND	5917
OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	5918

The Director of Budget and Management shall initiate and	5919
process payments from lease rental payment appropriation items	5920
during the period from July 1, 2011, to June 30, 2013, pursuant to	5921
the lease agreements for bonds or notes issued under Section 2i of	5922
Article VIII of the Ohio Constitution and Chapter 152. of the	5923
Revised Code. Payments shall be made upon certification by the	5924
Ohio Building Authority of the dates and amounts due on those	5925
dates.	5926

Section 509.20. LEASE AND DEBT SERVICE PAYMENTS TO OBA AND	5927
TREASURER	5928

Certain appropriations are in this act for the purpose of	5929
lease rental and other payments to the Ohio Building Authority or	5930
to the Treasurer of State under leases and agreements relating to	5931
bonds or notes issued by the Ohio Building Authority or the	5932
Treasurer of State under the Ohio Constitution and acts of the	5933
General Assembly. If it is determined that additional	5934
appropriations are necessary for this purpose, such amounts are	5935
hereby appropriated.	5936

Section 515.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	5937
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	5938

Upon the request of the Director of Transportation, the	5939
Director of Budget and Management may transfer cash from the	5940
Highway Operating Fund (Fund 7002) to the Highway Capital	5941
Improvement Fund (Fund 7042) created in section 5528.53 of the	5942
Revised Code. The Director of Budget and Management may transfer	5943
from Fund 7042 to Fund 7002 up to the amounts previously	5944
transferred to Fund 7042 under this section.	5945

Section 515.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

5946

The Director of Budget and Management shall transfer cash in	5947
equal monthly increments totaling $163,918,656 in fiscal year 2012	5948
and in equal monthly increments totaling $170,424,912 in fiscal	5949
year 2013 from the Highway Operating Fund, created in section	5950
5735.291 of the Revised Code, to the Gasoline Excise Tax Fund	5951
created in division (A) of section 5735.27 of the Revised Code.	5952
The monthly amounts transferred under this section shall be	5953
distributed as follows: 42.86 per cent shall be distributed among	5954
the municipal corporations within the state under division (A)(2)	5955
of section 5735.27 of the Revised Code; 37.14 per cent shall be	5956
distributed among the counties within the state under division	5957
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent	5958
shall be distributed among the townships within the state under	5959
division (A)(5)(b) of section 5735.27 of the Revised Code.	5960

Section 515.30. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

5961

On July 1, 2011, and on January 1, 2012, or as soon as	5962
possible thereafter, respectively, the Director of Budget and	5963
Management shall transfer $200,000 in cash, for each period, from	5964
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	5965
General for ODOT Fund (Fund 5FA0).	5966

On July 1, 2012, and on January 1, 2013, or as soon as	5967
possible thereafter, respectively, the Director of Budget and	5968
Management shall transfer $200,000 in cash, for each period, from	5969
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	5970
General for ODOT Fund (Fund 5FA0).	5971

Should additional amounts be necessary, the Inspector	5972
General, with the consent of the Director of Budget and	5973
Management, may seek Controlling Board approval for additional	5974
transfers of cash and to increase the amount appropriated from	5975
appropriation item 965603, Deputy Inspector General for ODOT, in	5976
the amount of the additional transfers.	5977

Section 515.40.  CASH TRANSFER TO GRF

5978

On July 1, 2011, or as soon as possible thereafter, the	5979
Director of Budget and Management shall transfer the cash balance	5980
of the Transit Capital Fund (Fund 5E70), as of June 30, 2011, to	5981
the General Revenue Fund.	5982

Section 515.50. On July 1, 2011, or as soon as possible	5983
thereafter, the Director of Budget and Management shall transfer	5984
$17,900,000 of the money in the International Registration Plan	5985
Distribution Fund created by section 4501.044 of the Revised Code	5986
and that is specified in division (A)(3) of that section to the	5987
State Highway Safety Fund created by section 4501.06 of the	5988
Revised Code. The Director shall make such transfer before any	5989
money that is described in division (A)(3) of section 4501.044 of	5990
the Revised Code is distributed, deposited, or credited in	5991
accordance with that division.	5992

On July 1, 2012, or as soon as possible thereafter, the	5993
Director of Budget and Management shall transfer $14,600,000 of	5994
the money in the International Registration Plan Distribution Fund	5995
created by section 4501.044 of the Revised Code and that is	5996
specified in division (A)(3) of that section to the State Highway	5997
Safety Fund created by section 4501.06 of the Revised Code. The	5998
Director shall make such transfer before any money that is	5999
described in division (A)(3) of section 4501.044 of the Revised	6000
Code is distributed, deposited, or credited in accordance with	6001
that division.	6002

Section 610.10. That Section 512.90 of Am. Sub. H.B. 1 of the	6003
128th General Assembly be amended to read as follows:	6004

Sec. 512.90.  CASH TRANSFERS FROM THE TOBACCO USE PREVENTION	6005
AND CONTROL FOUNDATION ENDOWMENT FUND	6006

The Director of Budget and Management may request the	6007
Treasurer of State to transfer $258,622,890 cash from moneys in	6008
the custody of the Treasurer of State that were formerly to the	6009
credit of the Tobacco Use Prevention and Control Foundation	6010
Endowment Fund, to the General Health and Human Service	6011
Pass-Through Fund (Fund 5HC0). If any cash is transferred to the	6012
General Health and Human Service Pass-Through Fund (Fund 5HC0) the	6013
Director of Budget and Management shall transfer the cash as	6014
follows:	6015

(A) Up to $46,000,000 cash in each fiscal year to the Child	6016
and Adult Protective Services Fund (Fund 5GV0), used by the	6017
Department of Job and Family Services, to support child and adult	6018
protective services under Title XX of the "Social Security Act,"	6019
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended, and any	6020
allowable service activity defined in Section 309.45.21 of Am.	6021
Sub. H.B. 1 of the 128th General Assembly. The amount transferred	6022
is hereby appropriated.	6023

(B) Up to $31,808,863 cash in fiscal year 2010 to the Health	6024
Care Services – Other Fund (Fund 5HA0), used by the Department of	6025
Job and Family Services and up to $129,814,027 cash in fiscal year	6026
2011 to Fund 5HA0, to support health care services under the state	6027
Medicaid plan. The amount transferred is hereby appropriated.	6028

(C) Up to $2,500,000 cash in each fiscal year to the Breast	6029
and Cervical Cancer Fund (Fund 5HB0), used by the Department of	6030
Health, to support breast and cervical cancer screenings. The	6031
amount transferred is hereby appropriated.	6032

Section 610.11. That existing Section 512.90 of Am. Sub. H.B.	6033
1 of the 128th General Assembly is hereby repealed.	6034

Section 753.10. (A) The Governor is authorized to execute a	6035
deed in the name of the state conveying to the City of Massillon	6036
(hereinafter the "grantee"), its successors and assigns, all of	6037
the right, title, and interest of the state in the following	6038
described real estate:	6039

Situated in the City of Massillon, County of Stark, State of	6040
Ohio and being part of Massillon City Out Lot 538. Also being part	6041
of a 40.00 acre tract conveyed to State of Ohio Youth Commission.	6042

Beginning at a 1/2-inch iron bar with an H&A cap set at the	6043
southeast corner of said Out Lot 538 and the true place of	6044
beginning;	6045

1. Thence N 60°13'44" W along the north line of a tract now	6046
or formerly owned by Massillon Materials, Inc. (O.R. Vol. 1167,	6047
Pg. 223) a distance of 1411.25 feet to a 1/2-inch iron bar with an	6048
H&A cap set;	6049

2. Thence N 39°37'36" E along the east line a tract of land	6050
now or formerly owned by the City of Massillon (21.46 ac.) a	6051
distance of 34.07 feet to a 1/2-inch iron bar with an H&A cap set;	6052

3. Thence N 48°54'16" E continuing along the east line of	6053
said City of Massillon tract (21.46 ac.) a distance of 100.03 feet	6054
to a 1/2-inch iron bar with an H&A cap set;	6055

4. Thence N 56°10'56" E continuing along the east line of	6056
said City of Massillon tract (21.46 ac.) a distance of 101.15 feet	6057
to a 1/2-inch iron bar with an H&A cap set;	6058

5. Thence N 55°38'06" E continuing along the east line of	6059
said City of Massillon tract (21.46 ac.) a distance of 89.92 feet	6060
to a 1/2-inch iron bar with an H&A cap set;	6061

6. Thence N 55°25'36" E continuing along the east line of	6062
said City of Massillon tract (21.46 ac.) a distance of 100.03 feet	6063
to a 1/2-inch iron bar with an H&A cap set;	6064

7. Thence N 54°13'26" E continuing along the east line of	6065
said City of Massillon tract (21.46 ac.) a. distance of 100.00	6066
feet to a 1/2-inch iron bar with an H&A cap set;	6067

8. Thence N 44°40'56" E continuing along the east line of	6068
said City of Massillon tract (21.46 ac.) a distance of 101.37 feet	6069
to a 1/2-inch iron bar with an H&A cap set;	6070

9. Thence S 06°28'18" E along a new division line a distance	6071
of 469.59 feet to a 1/2-inch iron bar with an H&A cap set;	6072

10. Thence S 60°13'44" E continuing along a new division line	6073
a distance of 700.00 feet to a 1/2-inch iron bar with an H&A cap	6074
set;	6075

11. Thence N 74°46'16" E continuing along a new division line	6076
a distance of 282.84 feet to a 1/2-inch iron bar with an H&A cap	6077
set;	6078

12. Thence S 29°46'16" W along the west line of said	6079
Massillon Materials, Inc. tract (O.R. Vol. 1167, Pg. 223) a	6080
distance of 400.00 feet to a 1/2-inch iron bar with an H&A cap set	6081
and the true place of beginning.	6082

The above described tract contains 8.622 acres of which no	6083
acres lie within the public right-of-way as surveyed under the	6084
supervision of Gary L. Toussant, P.S. #6332 of Hammontree and	6085
Associates, Limited, Engineers, Planners and Surveyors of North	6086
Canton, Ohio on November 2, 2006.	6087

The basis of bearings is the Ohio State Plane Coordinate	6088
System, North Zone, NAD83 from the City of Massillon Control	6089
Survey.	6090

In preparing the deed, the Auditor of State, with the	6091
assistance of the Attorney General, may modify the foregoing	6092
description insofar as necessary to bring it into conformity with	6093
the actual bounds of the real estate being described.	6094

(B) Consideration for the conveyance of the real estate is	6095
fifteen thousand dollars, to be paid to the state at closing, as	6096
derived by mutual agreement reached between the state and the	6097
grantee through an executed Offer to Purchase (hereinafter the	6098
"Offer to Purchase").	6099

(C) The grantee, following the conveyance of the real estate,	6100
and in accordance with the terms of the Offer to Purchase, shall	6101
do all of the following:	6102

(1) Construct and maintain, at the grantee's sole expense, a	6103
detention basin on the real estate;	6104

(2) Permit the state to discharge water into the detention	6105
basin; and	6106

(3) Maintain or relocate the state's existing storm sewer	6107
connections.	6108

(D) The real estate shall be sold as an entire tract and not	6109
in parcels.	6110

(E) Upon payment of the purchase price, the Auditor of State,	6111
with the assistance of the Attorney General, shall prepare a deed	6112
to the real estate. The deed shall state the consideration and the	6113
conditions, and shall be executed by the Governor in the name of	6114
the state, countersigned by the Secretary of State, sealed with	6115
the Great Seal of the State, presented in the Office of the	6116
Auditor of State for recording, and delivered to the grantee. The	6117
grantee shall present the deed for recording in the Office of the	6118
Stark County Recorder.	6119

(F) The grantee shall pay the costs of the conveyance of the	6120
real estate, including recordation costs of the deed.	6121

(G) This section expires one year after its effective date.

6122

Section 755.30. Notwithstanding Chapter 5735. of the Revised	6123
Code, the following shall apply for the period of July 1, 2011,	6124
through June 30, 2013:	6125

(A) For the discount under section 5735.06 of the Revised	6126
Code, if the monthly report is timely filed and the tax is timely	6127
paid, one per cent of the total number of gallons of motor fuel	6128
received by the motor fuel dealer within the state during the	6129
preceding calendar month, less the total number of gallons	6130
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	6131
the Revised Code, less one-half of one per cent of the total	6132
number of gallons of motor fuel that were sold to a retail dealer	6133
during the preceding calendar month.	6134

(B) For the semiannual periods ending December 31, 2011, June	6135
30, 2012, December 31, 2012, and June 30, 2013, the refund	6136
provided to retail dealers under section 5735.141 of the Revised	6137
Code shall be one-half of one per cent of the Ohio motor fuel	6138
taxes paid on fuel purchased during those semiannual periods.	6139

Section 755.40. On July 1, 2011, and on the first day of the	6140
month for each month thereafter, the Treasurer of State, before	6141
making any of the distributions specified in sections 5735.23,	6142
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	6143
the first two per cent of the amount of motor fuel tax received	6144
for the preceding calendar month to the credit of the Highway	6145
Operating Fund (Fund 7002).	6146

Upon the written request of the Director of Public Safety,	6147
the Director of Budget and Management may make periodic transfers	6148
of cash totaling $16,200,000 in each fiscal year from the Highway	6149
Operating Fund (Fund 7002) to the State Highway Safety Fund (Fund	6150
7036).	6151

Section 755.50. To the extent permitted by federal law,	6152
federal money received by the state for fiscal stabilization and	6153
recovery purposes shall be used in accordance with the preferences	6154
for products and services made or performed in the United States	6155
and Ohio established in section 125.09 of the Revised Code.	6156

Section 755.60. From July 1, 2011, through June 30, 2013,	6157
three or fewer steel coils are deemed to be a nondivisible load	6158
for purposes of special permits issued under section 4513.34 of	6159
the Revised Code, provided that the maximum overall gross vehicle	6160
weight of the vehicle and load shall not exceed 92,000 pounds.	6161

Section 757.10. The amendment by this act of section 5751.01	6162
of the Revised Code is intended to clarify the law as it existed	6163
prior to the enactment of this act and shall be construed	6164
accordingly. The amendment shall apply to all tax periods	6165
beginning on or after July 1, 2005.	6166

Section 801.10.  PROVISIONS OF LAW GENERALLY APPLICABLE TO	6167
APPROPRIATIONS	6168

Law contained in the main operating appropriations act of the	6169
129th General Assembly that is generally applicable to the	6170
appropriations made in the main operating appropriations act also	6171
is generally applicable to the appropriations made in this act.	6172

Section 801.20.  As used in the uncodified law of this act,	6173
"American Recovery and Reinvestment Act of 2009" means the	6174
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	6175
111-5, 123 Stat. 115.	6176

Section 806.10. The items of law contained in this act, and	6177
their applications, are severable. If any item of law contained in	6178
this act, or if any application of any item of law contained in	6179
this act, is held invalid, the invalidity does not affect other	6180
items of law contained in this act and their applications that can	6181
be given effect without the invalid item or application.	6182

Section 812.10.  Except as otherwise provided in this act,	6183
the amendment, enactment, or repeal by this act of a section of	6184
law is subject to the referendum under Ohio Constitution, Article	6185
II, Section 1c and therefore takes effect on the ninety-first day	6186
after this act is filed with the Secretary of State or, if a later	6187
effective date is specified below, on that date.	6188

Section 812.20. In this section, an "appropriation" includes	6189
another provision of law in this act that relates to the subject	6190
of the appropriation.	6191

An appropriation of money made in this act is not subject to	6192
the referendum insofar as a contemplated expenditure authorized	6193
thereby is wholly to meet a current expense within the meaning of	6194
Ohio Constitution, Article II, Section 1d and section 1.471 of the	6195
Revised Code. To that extent, the appropriation takes effect	6196
immediately when this act becomes law. Conversely, the	6197
appropriation is subject to the referendum insofar as a	6198
contemplated expenditure authorized thereby is wholly or partly	6199
not to meet a current expense within the meaning of Ohio	6200
Constitution, Article II, Section 1d and section 1.471 of the	6201
Revised Code. To that extent, the appropriation takes effect on	6202
the ninety-first day after this act is filed with the Secretary of	6203
State.	6204