Am. Sub. H. B. No. 114 As Passed by the Senate

As Passed by the Senate

129th General Assembly

Regular Session

2011-2012

Am. Sub. H. B. No. 114

Representative McGregor

Cosponsors: Representatives Amstutz, Carey, Adams, R., Anielski, Antonio, Ashford, Baker, Barnes, Beck, Blair, Blessing, Boose, Brenner, Bubp, Buchy, Carney, Celeste, Clyde, Combs, Derickson, Dovilla, Driehaus, Duffey, Fedor, Fende, Garland, Gentile, Gerberry, Gonzales, Goodwin, Goyal, Hackett, Hagan, C., Hall, Hayes, Heard, Henne, Hollington, Huffman, Johnson, Landis, Letson, Luckie, McClain, McKenney, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Patmon, Peterson, Phillips, Reece, Roegner, Rosenberger, Ruhl, Schuring, Sears, Slaby, Sprague, Stebelton, Stinziano, Sykes, Szollosi, Thompson, Uecker, Weddington, Williams, Winburn, Young, Yuko
Senators Bacon, Beagle, Brown, Daniels, Gillmor, Hite, Hughes, LaRose, Lehner, Manning, Obhof, Patton, Sawyer, Tavares, Turner, Widener, Wilson

A BILL

To amend sections 122.075, 125.11, 127.12, 164.04,

164.08, 1515.29, 4163.07, 4301.10, 4301.20,

4301.62, 4303.232, 4501.01, 4501.02, 4501.06,

4501.21, 4501.81, 4503.03, 4503.031, 4503.04,

4503.521, 4503.62, 4503.701, 4503.94, 4505.06,

4505.08, 4505.09, 4506.08, 4507.05, 4507.1612,

4507.23, 4507.45, 4509.101, 4509.81, 4510.10,

4510.22, 4510.43, 4510.72, 4511.108, 4511.191,

4511.53, 4511.69, 4513.24, 4513.263, 4513.61,

4517.01, 4517.02, 4517.03, 4517.33, 4582.12,

4582.31, 4905.802, 5501.51, 5501.55, 5502.011,

5502.11, 5503.02, 5517.011, 5525.15, 5531.12,

5531.18, 5540.01, 5577.042, and 5751.01, to amend,

for the purpose of adopting a new section number

as shown in parentheses, section 4905.802

(4905.801), to enact sections 121.531, 122.014,

4503.037, 4503.564, 4503.751, 4517.16, 4517.17,

4517.171, 4517.18, 4749.031, 5501.70 to 5501.83,

5537.051, 5577.043, and 6137.112, to repeal

sections 4501.14 and 4905.801 of the Revised Code,

to amend Sections 343.10 and 512.90 of Am. Sub.

H.B. 1 of the 128th General Assembly, and to amend

Sections 103.90, 105.43.10, 105.45.40, 105.45.70,

and 105.49.80 of Sub. H.B. 462 of the 128th

General Assembly, to make appropriations for

programs related to transportation and public

safety for the biennium beginning July 1, 2011 and

ending June 30, 2013, and to provide authorization

and conditions for the operation of those

programs.

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

Section 101.01. That sections 122.075, 125.11, 127.12,	31
164.04, 164.08, 1515.29, 4163.07, 4301.10, 4301.20, 4301.62,	32
4303.232, 4501.01, 4501.02, 4501.06, 4501.21, 4501.81, 4503.03,	33
4503.031, 4503.04, 4503.521, 4503.62, 4503.701, 4503.94, 4505.06,	34
4505.08, 4505.09, 4506.08, 4507.05, 4507.1612, 4507.23, 4507.45,	35
4509.101, 4509.81, 4510.10, 4510.22, 4510.43, 4510.72, 4511.108,	36
4511.191, 4511.53, 4511.69, 4513.24, 4513.263, 4513.61, 4517.01,	37
4517.02, 4517.03, 4517.33, 4582.12, 4582.31, 4905.802, 5501.51,	38
5501.55, 5502.011, 5502.11, 5503.02, 5517.011, 5525.15, 5531.12,	39
5531.18, 5540.01, 5577.042, and 5751.01, be amended, section	40
4905.802 (4905.801) be amended for the purpose of adopting a new	41
section number as shown in parentheses, and sections 121.531,	42
122.014, 4503.037, 4503.564, 4503.751, 4517.16, 4517.17, 4517.171,	43
4517.18, 4749.031, 5501.70, 5501.71, 5501.72, 5502.73, 5501.74,	44
5501.75, 5501.76, 5501.77, 5501.78, 5501.79, 5501.80, 5501.81,	45
5501.82, 5501.83, 5537.051, 5577.043, and 6137.112 of the Revised	46
Code be enacted to read as follows:	47

Sec. 121.531. No recipient or distributor of funds received	48
under the "American Recovery and Reinvestment Act of 2009," Pub.	49
L. No. 111-5, 123 Stat. 115, shall spend such funds to purchase,	50
produce, erect, or maintain signs identifying the American	51
Recovery and Reinvestment Act of 2009 as the source of specific	52
project funding.	53

Sec. 122.014. (A) As used in this section, "gaming	54
activities" means activities conducted in connection with or that	55
include any of the following:	56

(1) Casino gaming, as authorized and defined in Section 6(C)	57
of Article XV, Ohio Constitution;	58

(2) Casino gaming, as defined in division (D) of section	59
3772.01 of the Revised Code; or	60

(3) The pari-mutuel system of wagering as authorized and	61
described in Chapter 3769. of the Revised Code.	62

(B) The department of development or any other entity that	63
administers any program or development project established under	64
Chapter 122., 166., or 184. of the Revised Code or in sections	65
149.311, 5709.87, or 5709.88 of the Revised Code shall not provide	66
any financial assistance, including loans, tax credits, and	67
grants, staffing assistance, technical support, or other	68
assistance to businesses conducting gaming activities or for	69
project sites on which gaming activities are or will be conducted.	70

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

(1) "Alternative fuel" ~~means blended biodiesel, blended~~	72
~~gasoline, or compressed air used~~has the same meaning as in	73
~~air-compression driven engines~~section 125.831 of the Revised	74
Code.	75

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	76
fuel that is derived from vegetable oils or animal fats, or any	77
combination of those reagents, and that meets American society for	78
testing and materials specification D6751-03a for biodiesel fuel	79
(B100) blend stock distillate fuels.	80

(3) "Diesel fuel" and "gasoline" have the same meanings as in	81
section 5735.01 of the Revised Code.	82

(4) "Ethanol" has the same meaning as in section 5733.46 of	83
the Revised Code.	84

(5) "Blended biodiesel" means diesel fuel containing at least	85
twenty per cent biodiesel by volume.	86

(6) "Blended gasoline" means gasoline containing at least	87
eighty-five per cent ethanol by volume.	88

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

(a) The difference in cost between blended gasoline and	90
gasoline containing ten per cent or less ethanol at the time that	91
the blended gasoline is purchased;	92

(b) The difference in cost between blended biodiesel and	93
diesel fuel containing two per cent or less biodiesel at the time	94
that the blended biodiesel is purchased.	95

(B) For the purpose of improving the air quality in this	96
state, the director of development shall establish an alternative	97
fuel transportation grant program under which the director may	98
make grants to businesses, nonprofit organizations, public school	99
systems, or local governments for the purchase and installation of	100
alternative fuel refueling or distribution facilities and	101
terminals, for the purchase and use of alternative fuel, and to	102
pay the costs of educational and promotional materials and	103
activities intended for prospective alternative fuel consumers,	104
fuel marketers, and others in order to increase the availability	105
and use of alternative fuel.	106

(C) The director, in consultation with the director of	107
agriculture, shall adopt rules in accordance with Chapter 119. of	108
the Revised Code that are necessary for the administration of the	109
alternative fuel transportation grant program. The rules shall	110
establish at least all of the following:	111

(1) An application form and procedures governing the	112
application process for a grant under the program;	113

(2) A procedure for prioritizing the award of grants under	114
the program. The procedures shall give preference to all of the	115
following:	116

(a) Publicly accessible refueling facilities;

117

(b) Entities seeking grants that have secured funding from	118
other sources, including, but not limited to, private or federal	119
grants;	120

(c) Entities that have presented compelling evidence of	121
demand in the market in which the facilities or terminals will be	122
located;	123

(d) Entities that have committed to utilizing purchased or	124
installed facilities or terminals for the greatest number of	125
years;	126

(e) Entities that will be purchasing or installing facilities	127
or terminals for ~~both blended biodiesel and blended gasoline~~any	128
type of alternative fuel.	129

(3) A requirement that the maximum grant for the purchase and	130
installation of an alternative fuel refueling or distribution	131
facility or terminal be eighty per cent of the cost of the	132
facility or terminal, except that at least twenty per cent of the	133
total net cost of the facility or terminal shall be incurred by	134
the grant recipient and not compensated for by any other source;	135

(4) A requirement that the maximum grant for the purchase of	136
alternative fuel be eighty per cent of the ~~incremental~~ cost of the	137
fuel or, in the case of blended biodiesel or blended gasoline,	138
eighty per cent of the incremental cost of the blended biodiesel	139
or blended gasoline;	140

(5) Any other criteria, procedures, or guidelines that the	141
director determines are necessary to administer the program.	142

(D) An applicant for a grant under this section that sells	143
motor vehicle fuel at retail shall agree that if the applicant	144
receives a grant, the applicant will report to the director the	145
gallon or gallon equivalent amounts of ~~blended gasoline and~~	146
~~blended biodiesel~~alternative fuel the applicant sells at retail	147
in this state for a period of three years after the grant is	148
awarded.	149

The director shall enter into a written confidentiality	150
agreement with the applicant regarding the gallon or gallon	151
equivalent amounts sold as described in this division, and upon	152
execution of the agreement this information is not a public	153
record.	154

(E) There is hereby created in the state treasury the	155
alternative fuel transportation grant fund. The fund shall consist	156
of money transferred to the fund under division (C) of section	157
125.836 of the Revised Code, money that is appropriated to it by	158
the general assembly, and money as may be specified by the general	159
assembly from the advanced energy fund created by section 4928.61	160
of the Revised Code. Money in the fund shall be used to make	161
grants under the alternative fuel transportation grant program and	162
by the director in the administration of that program.	163

Sec. 125.11. (A) Subject to division (B) of this section,	164
contracts awarded pursuant to a reverse auction under section	165
125.072 of the Revised Code or pursuant to competitive sealed	166
bidding, including contracts awarded under section 125.081 of the	167
Revised Code, shall be awarded to the lowest responsive and	168
responsible bidder on each item in accordance with section 9.312	169
of the Revised Code. When the contract is for meat products as	170
defined in section 918.01 of the Revised Code or poultry products	171
as defined in section 918.21 of the Revised Code, only those bids	172
received from vendors offering products from establishments on the	173
current list of meat and poultry vendors established and	174
maintained by the director of administrative services under	175
section 125.17 of the Revised Code shall be eligible for	176
acceptance. The department of administrative services may accept	177
or reject any or all bids in whole or by items, except that when	178
the contract is for services or products available from a	179
qualified nonprofit agency pursuant to sections 125.60 to 125.6012	180
or 4115.31 to 4115.35 of the Revised Code, the contract shall be	181
awarded to that agency.	182

(B) Prior to awarding a contract under division (A) of this	183
section, the department of administrative services or the state	184
agency responsible for evaluating a contract for the purchase of	185
products shall evaluate the bids received according to the	186
criteria and procedures established pursuant to divisions (C)(1)	187
and (2) of section 125.09 of the Revised Code for determining if a	188
product is produced or mined in the United States and if a product	189
is produced or mined in this state. The department or other state	190
agency shall first remove bids that offer products that have not	191
been or that will not be produced or mined in the United States.	192
From among the remaining bids, the department or other state	193
agency shall select the lowest responsive and responsible bid, in	194
accordance with section 9.312 of the Revised Code, from among the	195
bids that offer products that have been produced or mined in this	196
state where sufficient competition can be generated within this	197
state to ensure that compliance with these requirements will not	198
result in an excessive price for the product or acquiring a	199
disproportionately inferior product. ~~If there are two or more~~	200
~~qualified bids that offer products that have been produced or~~	201
~~mined in this state, it shall be deemed that there is sufficient~~	202
~~competition to prevent an excessive price for the product or the~~	203
~~acquiring of a disproportionately inferior product.~~	204

(C) Division (B) of this section applies to contracts for	205
which competitive bidding is waived by the controlling board.	206

(D) Division (B) of this section does not apply to the	207
purchase by the division of liquor control of spirituous liquor.	208

(E) The director of administrative services shall publish in	209
the form of a model act for use by counties, townships, municipal	210
corporations, or any other political subdivision described in	211
division (B) of section 125.04 of the Revised Code, a system of	212
preferences for products mined and produced in this state and in	213
the United States and for Ohio-based contractors. The model act	214
shall reflect substantial equivalence to the system of preferences	215
in purchasing and public improvement contracting procedures under	216
which the state operates pursuant to this chapter and section	217
153.012 of the Revised Code. To the maximum extent possible,	218
consistent with the Ohio system of preferences in purchasing and	219
public improvement contracting procedures, the model act shall	220
incorporate all of the requirements of the federal "Buy America	221
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and	222
the rules adopted under that act.	223

Before and during the development and promulgation of the	224
model act, the director shall consult with appropriate statewide	225
organizations representing counties, townships, and municipal	226
corporations so as to identify the special requirements and	227
concerns these political subdivisions have in their purchasing and	228
public improvement contracting procedures. The director shall	229
promulgate the model act by rule adopted pursuant to Chapter 119.	230
of the Revised Code and shall revise the act as necessary to	231
reflect changes in this chapter or section 153.012 of the Revised	232
Code.	233

The director shall make available copies of the model act,	234
supporting information, and technical assistance to any township,	235
county, or municipal corporation wishing to incorporate the	236
provisions of the act into its purchasing or public improvement	237
contracting procedure.	238

Sec. 127.12. There is hereby created a controlling board	239
consisting of ~~the~~all of the following:	240

(A) The director of budget and management or an employee of	241
the office of budget and management designated by the director,	242
~~the chairman~~;	243

(B) The chairperson or vice-chairperson of the	244
finance-appropriations committee of the house of representatives,	245
~~the chairman~~as designated by the speaker;	246

(C) The chairperson or vice-chairperson of the finance	247
committee of the senate, ~~two~~as designated by the president;	248

(D) Two members of the house of representatives appointed by	249
the speaker, one from the majority party and one from the minority	250
party~~, and two~~;	251

(E) Two members of the senate appointed by the president, one	252
from the majority party and one from the minority party.	253

Notwithstanding section 101.26 of the Revised Code, the	254
legislative members, when engaged in their duties as members of	255
the controlling board, shall be paid at the per diem rate of one	256
hundred fifty dollars, and their necessary traveling expenses,	257
which shall be paid from the funds appropriated for the payment of	258
expenses of legislative committees.	259

In the event of the absence, illness, disability, death, or	260
resignation of a legislative member, the following persons may	261
serve in ~~his~~the member's absence: for the ~~chairman~~chairperson or	262
vice-chairperson of the finance-appropriations committee of the	263
house of representatives, the speaker ~~of the house~~ or a member of	264
the house designated by ~~him~~the speaker; for the ~~chairman~~	265
chairperson or vice-chairperson of the senate finance committee,	266
the president ~~of the senate~~ or a member of the senate designated	267
by ~~him~~the president; for a member of the board appointed by the	268
speaker of the house of representatives, or the president of the	269
senate, the speaker or the president, as the case may be, or a	270
member of the house of representatives or of the senate of the	271
same party as such controlling board member, designated by such	272
speaker or president.	273

As used in any statute, "controlling board," unless the	274
context otherwise requires, means the controlling board created by	275
this section.	276

Sec. 164.04. (A) In each of the districts created in section	277
164.03 of the Revised Code, a district public works integrating	278
committee shall be established as follows:	279

(1) In district one, the district committee shall consist of	280
seven members appointed as follows: two members shall be appointed	281
by the board of county commissioners or the chief executive	282
officer of the county; two members shall be appointed by the chief	283
executive officer of the most populous municipal corporation in	284
the district; two members shall be appointed by a majority of the	285
chief executive officers of the other municipal corporations	286
located within the district; and one member, who shall have	287
experience in local infrastructure planning and economic	288
development and who shall represent the interests of private	289
industry within the district, shall be appointed by a majority of	290
the members of the district committee or their alternates. Except	291
with respect to the selection of the private sector member of the	292
committee, the affirmative vote of at least five committee members	293
or their alternates is required for any action taken by a vote of	294
the committee.	295

(2) In district two, the district committee shall consist of	296
nine members appointed as follows: two members shall be appointed	297
by the board of county commissioners; three members shall be	298
appointed by the chief executive officer of the most populous	299
municipal corporation in the district; two members shall be	300
appointed by a majority of the other chief executive officers of	301
municipal corporations in the district; and two members shall be	302
appointed by a majority of the boards of township trustees in the	303
district. Of the members appointed by the board of county	304
commissioners, one member shall have experience in local	305
infrastructure planning and economic development, and one member	306
shall be either a county commissioner or a county engineer of the	307
district. The affirmative vote of at least seven members of the	308
committee or their alternates is required for any action taken by	309
a vote of the committee.	310

(3) In districts three, four, eight, twelve, and nineteen,	311
the district committee shall consist of nine members appointed as	312
follows: two members shall be appointed by the board of county	313
commissioners or by the chief executive officer of the county; two	314
members shall be appointed by the chief executive officer of the	315
most populous municipal corporation located within the district;	316
two members shall be appointed by a majority of the other chief	317
executive officers of the municipal corporations located in the	318
district; two members shall be appointed by a majority of the	319
boards of township trustees located in the district; and one	320
member, who shall have experience in local infrastructure planning	321
and economic development and who shall represent the interests of	322
private industry within the district, shall be appointed by a	323
majority of the members of the committee or their alternates.	324
Except with respect to the selection of the private sector member	325
of the committee, the affirmative vote of at least seven committee	326
members or their alternates is required for any action taken by a	327
vote of the committee.	328

(4) In district six, the district committee shall consist of	329
nine members appointed as follows: one member shall be appointed	330
by the board of county commissioners of each county in the	331
district; one member shall be appointed by the chief executive	332
officer of the most populous municipal corporation in each county	333
in the district; one member shall be appointed alternately by a	334
majority of the chief executives of the municipal corporations,	335
other than the largest municipal corporation, within one of the	336
counties of the district; and one member shall be appointed	337
alternately by a majority of the boards of township trustees	338
within one of the counties in the district. The two persons who	339
are the county engineers of the counties in the district also	340
shall be members of the committee. At least six of these members	341
or their alternates shall agree upon the appointment to the	342
committee of a private sector person who shall have experience in	343
local infrastructure planning and economic development. The	344
affirmative vote of seven committee members or their alternates is	345
required for any action taken by a vote of the committee.	346

The first appointment to the committee made by the majority	347
of the boards of township trustees of a county shall be made by	348
the boards of township trustees located in the least populous	349
county of the district, and the first appointment made by the	350
majority of the chief executives of municipal corporations, other	351
than the largest municipal corporation, of a county shall be made	352
by the chief executives of municipal corporations, other than the	353
largest municipal corporation, from the most populous county in	354
the district.	355

Notwithstanding division (C) of this section, the members of	356
the district committee appointed alternately by a majority of the	357
chief executive officers of municipal corporations, other than the	358
largest municipal corporation, of a county and a majority of	359
boards of township trustees of a county shall serve five-year	360
terms.	361

(5) In districts seven, nine, and ten, the district committee	362
shall consist of two members appointed by the board of county	363
commissioners of each county in the district, two members	364
appointed by a majority of the chief executive officers of all	365
cities within each county in the district, three members appointed	366
by a majority of the boards of township trustees of all townships	367
in the district, three members appointed by a majority of chief	368
executive officers of all villages in the district, one member who	369
is appointed by a majority of the county engineers in the district	370
and who shall be a county engineer, and one member, who shall have	371
experience in local infrastructure planning and economic	372
development, shall be appointed by a majority of all other	373
committee members or their alternates. If there is a county in the	374
district in which there are no cities, the member that is to be	375
appointed by the chief executive officers of the cities within	376
that county shall be appointed by the chief executive officer of	377
the village with the largest population in that county.	378

(6) In districts five, eleven, and thirteen through eighteen,	379
the members of each district committee shall be appointed as	380
follows: one member shall be appointed by each board of county	381
commissioners; one member shall be appointed by the majority of	382
the chief executive officers of the cities located in each county;	383
three members shall be appointed by a majority of the chief	384
executive officers of villages located within the district; three	385
members shall be appointed by a majority of the boards of township	386
trustees located within the district; one member shall be	387
appointed by a majority of the county engineers of the district	388
and shall be a county engineer; and one member, who shall have	389
experience in local infrastructure planning and economic	390
development and who shall represent the interests of private	391
industry within the district, shall be appointed by a majority of	392
the members of the committee or their alternates. If there is a	393
county in the district in which there are no cities, the member	394
that is to be appointed by the chief executive officers of the	395
cities within that county shall be appointed by the chief	396
executive officer of the village with the largest population in	397
that county.	398

(7) In districts five, seven, nine, ten, eleven, thirteen,	399
fourteen, sixteen, and seventeen organized in accordance with	400
divisions (A)(5) and (6) of this section, a nine-member executive	401
committee shall be established that shall include at least one of	402
the persons appointed to the district committee by the chief	403
executive officers of the villages within the district, at least	404
one of the persons appointed to the district committee by the	405
boards of township trustees within the district, the person	406
appointed to the district committee to represent the interests of	407
private industry, and six additional district committee members	408
selected to serve on the executive committee by a majority of the	409
members of the district committee or their alternates, except that	410
not more than three persons who were appointed to the district	411
committee by a board of county commissioners and not more than	412
three persons who were appointed to the district committee by the	413
chief executives of the cities located in the district shall serve	414
on the executive committee.	415

(8) In districts fifteen and eighteen organized in accordance	416
with division (A)(6) of this section, an eleven-member executive	417
committee shall be established that shall include at least one of	418
the persons appointed to the district committee by the chief	419
executive officers of the villages within the district, at least	420
one of the persons appointed to the district committee by the	421
boards of township trustees within the district, the person	422
appointed to the district committee to represent the interests of	423
private industry, and eight additional district committee members	424
selected to serve on the executive committee by a majority of the	425
members of the district committee or their alternates, except that	426
not more than four persons who were appointed to the district	427
committee by a board of county commissioners and not more than	428
four persons who were appointed to the district committee by the	429
chief executives of the cities located in the district shall serve	430
on the executive committee. No more than two persons from each	431
county shall be on the executive committee.	432

All decisions of a district committee required to be	433
organized in accordance with divisions (A)(5) and (6) of this	434
section shall be approved by its executive committee. The	435
affirmative vote of at least seven executive committee members or	436
their alternates for executive committees formed under division	437
(A)(7) of this section and at least nine members or their	438
alternates for executive committees formed under division (A)(8)	439
of this section is required for any action taken by vote of the	440
executive committee, except that any decision of the executive	441
committee may be rejected by a vote of at least two-thirds of the	442
full membership of the district committee within thirty days of	443
the executive committee action. Only projects approved by the	444
executive committee may be submitted to the director of the Ohio	445
public works commission pursuant to section 164.05 of the Revised	446
Code.	447

(B) Appointing authorities that appoint district committee	448
members also may appoint an alternate for each committee member	449
appointed under divisions (A)(1) to (6) of this section. If a	450
district committee member is absent from a district or executive	451
committee or subcommittee meeting, the alternate has the right to	452
vote and participate in all proceedings and actions at that	453
meeting.	454

(C) Terms of office for members of district committees and	455
their alternates shall be for three years, with each term ending	456
on the same day of the same month as did the term that it	457
succeeds. Each member and that member's alternate shall hold	458
office from the date of appointment until the end of the term for	459
which the member is appointed, except that, with respect to any	460
member who was an elected or appointed official of a township,	461
county, or municipal corporation or that member's alternate, the	462
term of office for that person under this section shall not extend	463
beyond the member's term as an elected or appointed official	464
unless the member was appointed by a group of officials of more	465
than one political subdivision or the members of the district	466
committee, in which case the member's alternate shall continue to	467
serve for the full term. Members and their alternates may be	468
reappointed. Vacancies shall be filled in the same manner provided	469
for original appointments. Any member or that member's alternate	470
appointed to fill a vacancy occurring prior to the expiration date	471
of the term for which the member's or alternate's predecessor was	472
appointed shall hold office for the remainder of that term. A	473
member or that member's alternate shall continue in office	474
subsequent to the expiration date of the member's or alternate's	475
term until the member's or alternate's successor takes office or	476
until a period of sixty days has elapsed, whichever occurs first.	477
Each district public works integrating committee shall elect a	478
chairperson, vice-chairperson, and other officers it considers	479
advisable.	480

(D) For purposes of this chapter, if a subdivision is located	481
in more than one county or in more than one district, the	482
subdivision shall be deemed to be a part of the county or district	483
in which the largest number of its population is located. However,	484
if after a decennial census the change in a subdivision's	485
population would result in the subdivision becoming part of a	486
different county or district, the legislative authority of the	487
subdivision may, by resolution, choose to remain a part of the	488
county or district of which the subdivision was originally deemed	489
to be a part. Such a decision is not revocable unless similar	490
conditions arise following the next decennial census.	491

(E) Notwithstanding any provision of law to the contrary, a	492
county, municipal, or township public official may serve as a	493
member of a district public works integrating committee.	494

(F) A member of a district committee or that member's	495
alternate does not have an unlawful interest in a public contract	496
under section 2921.42 of the Revised Code solely by virtue of the	497
receipt of financial assistance under this chapter by the local	498
subdivision of which the member or that member's alternate is also	499
a public official or appointee.	500

Sec. 164.08. (A) Except as provided in sections 151.01 and	501
151.08 or section 164.09 of the Revised Code, the net proceeds of	502
obligations issued and sold by the treasurer of state pursuant to	503
section 164.09 of the Revised Code before September 30, 2000, or	504
pursuant to sections 151.01 and 151.08 of the Revised Code, for	505
the purpose of financing or assisting in the financing of the cost	506
of public infrastructure capital improvement projects of local	507
subdivisions, as provided for in Section 2k, 2m, or 2p of Article	508
VIII, Ohio Constitution, and this chapter, shall be paid into the	509
state capital improvements fund, which is hereby created in the	510
state treasury. Investment earnings on moneys in the fund shall be	511
credited to the fund.	512

(B) ~~Each~~Beginning July 1, 2011, each program year the amount	513
of obligations authorized by the general assembly in accordance	514
with sections 151.01 and 151.08 or section 164.09 of the Revised	515
Code, excluding the proceeds of refunding or renewal obligations,	516
shall be allocated by the director of the Ohio public works	517
commission as follows:	518

(1) First, ~~twelve~~fifteen million dollars of the amount of	519
obligations authorized shall be allocated to provide financial	520
assistance to villages and to townships with populations in the	521
unincorporated areas of the township of less than five thousand	522
persons, for capital improvements in accordance with section	523
164.051 and division (D) of section 164.06 of the Revised Code. As	524
used in division (B)(1) of this section, "capital improvements"	525
includes resurfacing and improving roads.	526

(2) Following the allocation required by division (B)(1) of	527
this section, the director may allocate ~~two~~three million ~~five~~	528
~~hundred thousand~~ dollars of the authorized obligations to provide	529
financial assistance to local subdivisions for capital improvement	530
projects which in the judgment of the director of the Ohio public	531
works commission are necessary for the immediate preservation of	532
the health, safety, and welfare of the citizens of the local	533
subdivision requesting assistance.	534

(3) For the second, third, fourth, and fifth years that	535
obligations are authorized and are available for allocation under	536
this chapter, one million dollars shall be allocated to the sewer	537
and water fund created in section 1525.11 of the Revised Code.	538
Money from this allocation shall be transferred to that fund when	539
needed to support specific payments from that fund.	540

(4) For program years twelve and fourteen that obligations	541
are authorized and available for allocation under this chapter,	542
two million dollars each program year shall be allocated to the	543
small county capital improvement program for use in providing	544
financial assistance under division (F) of section 164.02 of the	545
Revised Code.	546

(5) After the allocation required by division (B)(3) of this	547
section is made, the director shall determine the amount of the	548
remaining obligations authorized to be issued and sold that each	549
county would receive if such amounts were allocated on a per	550
capita basis each year. If a county's per capita share for the	551
year would be less than three hundred thousand dollars, the	552
director shall allocate to the district in which that county is	553
located an amount equal to the difference between three hundred	554
thousand dollars and the county's per capita share.	555

(6) After making the allocation required by division (B)(5)	556
of this section, the director shall allocate the remaining amount	557
to each district on a per capita basis.	558

(C)(1) There is hereby created in the state treasury the	559
state capital improvements revolving loan fund, into which shall	560
be deposited all repayments of loans made to local subdivisions	561
for capital improvements pursuant to this chapter. Investment	562
earnings on moneys in the fund shall be credited to the fund.	563

(2) There may also be deposited in the state capital	564
improvements revolving loan fund moneys obtained from federal or	565
private grants, or from other sources, which are to be used for	566
any of the purposes authorized by this chapter. Such moneys shall	567
be allocated each year in accordance with division (B)(6) of this	568
section.	569

(3) Moneys deposited into the state capital improvements	570
revolving loan fund shall be used to make loans for the purpose of	571
financing or assisting in the financing of the cost of capital	572
improvement projects of local subdivisions.	573

(4) Investment earnings credited to the state capital	574
improvements revolving loan fund that exceed the amounts required	575
to meet estimated federal arbitrage rebate requirements shall be	576
used to pay costs incurred by the public works commission in	577
administering this section. Investment earnings credited to the	578
state capital improvements revolving loan fund that exceed the	579
amounts required to pay for the administrative costs and estimated	580
rebate requirements shall be allocated to each district on a per	581
capita basis.	582

(5) Each program year, loan repayments received and on	583
deposit in the state capital improvements revolving loan fund	584
shall be allocated as follows:	585

(a) Each district public works integrating committee shall be	586
allocated an amount equal to the sum of all loan repayments made	587
to the state capital improvements revolving loan fund by local	588
subdivisions that are part of the district. Moneys not used in a	589
program year may be used in the next program year in the same	590
manner and for the same purpose as originally allocated.	591

(b) Loan repayments made pursuant to projects approved under	592
division (B)(1) of this section shall be used to make loans in	593
accordance with section 164.051 and division (D) of section 164.06	594
of the Revised Code. Allocations for this purpose made pursuant to	595
division (C)(5) of this section shall be in addition to the	596
allocation provided in division (B)(1) of this section.	597

(c) Loan repayments made pursuant to projects approved under	598
division (B)(2) of this section shall be used to make loans in	599
accordance with division (B)(2) of this section. Allocations for	600
this purpose made pursuant to division (C)(5) of this section	601
shall be in addition to the allocation provided in division (B)(2)	602
of this section.	603

(d) Loans made from the state capital improvements revolving	604
loan fund shall not be limited in their usage by divisions (E),	605
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	606

(D) Investment earnings credited to the state capital	607
improvements fund that exceed the amounts required to meet	608
estimated federal arbitrage rebate requirements shall be used to	609
pay costs incurred by the public works commission in administering	610
sections 164.01 to 164.12 of the Revised Code.	611

(E) The director of the Ohio public works commission shall	612
notify the director of budget and management of the amounts	613
allocated pursuant to this section and such information shall be	614
entered into the state accounting system. The director of budget	615
and management shall establish appropriation line items as needed	616
to track these allocations.	617

(F) If the amount of a district's allocation in a program	618
year exceeds the amount of financial assistance approved for the	619
district by the commission for that year, the remaining portion of	620
the district's allocation shall be added to the district's	621
allocation pursuant to division (B) of this section for the next	622
succeeding year for use in the same manner and for the same	623
purposes as it was originally allocated, except that any portion	624
of a district's allocation which was available for use on new or	625
expanded infrastructure pursuant to division (H) of section 164.05	626
of the Revised Code shall be available in succeeding years only	627
for the repair and replacement of existing infrastructure.	628

(G) When an allocation based on population is made by the	629
director pursuant to division (B) of this section, the director	630
shall use the most recent decennial census statistics, and shall	631
not make any reallocations based upon a change in a district's	632
population.	633

Sec. 1515.29. The board of county commissioners, or, if a	634
joint board of county commissioners has been created under section	635
1515.22 of the Revised Code, the joint board, shall maintain the	636
works of improvement constructed by the board for a soil and water	637
conservation district,. For that purpose, the board or joint board	638
may use procedures and requirements established in sections	639
6137.08 to 6137.14 of the Revised Code and may contract with or	640
authorize the supervisors or joint board of supervisors of a soil	641
and water conservation district to perform maintenance of such	642
works of improvement.	643

Sec. 4163.07. (A)(1) Prior to transporting any high-level	644
radioactive waste, spent nuclear fuel, transuranic waste, or any	645
quantity of special nuclear material or by-product material that	646
meets or exceeds the highway route controlled quantity, within,	647
into, or through the state, the ~~carrier or~~ shipper of the material	648
shall notify the executive director of the emergency management	649
agency established under section 5502.22 of the Revised Code of	650
the shipment. The notice shall be in writing and be sent by	651
certified mail and shall include the name of the shipper; the name	652
of the carrier; the type and quantity of the material; the	653
transportation mode of the shipment; the proposed date and time of	654
shipment of the material within, into, or through the state; and	655
the starting point, termination or exit point, scheduled route,	656
and each alternate route, if any, of the shipment. In order to	657
constitute effective notification under division (A)(1) of this	658
section, notification shall be received by the executive director	659
at least four days prior to shipment within, into, or through the	660
state.	661

(2) The carrier or shipper of any shipment subject to	662
division (A)(1) of this section shall immediately notify the	663
executive director of any change in the date and time of the	664
shipment or in the route of the shipment within, into, or through	665
the state.	666

(B) Upon receipt of a notice of any shipment of material that	667
is subject to division (A)(1) of this section within, into, or	668
through the state, the executive director of the emergency	669
management agency shall immediately notify the director of public	670
safety, the director of environmental protection, the director of	671
health, the chairperson of the public utilities commission, and	672
the county emergency management agency and sheriff of each county	673
along the proposed route, or any alternate route, of the shipment.	674

(C) The executive director of the emergency management agency	675
shall not disclose to any person other than those persons	676
enumerated in division (B) of this section any information	677
pertaining to any shipment of special nuclear material or	678
by-product material prior to the time that the shipment is	679
completed.	680

(D) This section does not apply to radioactive materials,	681
other than by-products, shipped by or for the United States	682
department of defense and United States department of energy for	683
military or national defense purposes. Nothing in this section	684
requires the disclosure of any defense information or restricted	685
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919,	686
42 U.S.C. 2011, as amended.	687

(E) No person shall transport or cause to be transported	688
within, into, or through the state any material that is subject to	689
division (A)(1) of this section without first providing the notice	690
required in that division.	691

(F) Whoever violates division (E) of this section, in	692
addition to any penalty imposed under section 4163.99 of the	693
Revised Code, is liable for a civil penalty in an amount not to	694
exceed ~~ten times the amount of the fee due under section 4905.801~~	695
~~of the Revised Code. The~~the following, as applicable:	696

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

697

(2) Forty-five thousand dollars for the first cask designated	698
for transport by rail and thirty thousand dollars for each	699
additional cask designated for transport by rail that is shipped	700
by the same person or entity in the same shipment.	701

The attorney general, upon the request of the executive	702
director of the emergency management agency, shall bring a civil	703
action to collect the penalty. Fines collected pursuant to this	704
section shall be deposited into the state treasury to the credit	705
of the radioactive waste transportation fund created in section	706
~~4905.802~~4905.801 of the Revised Code.	707

Sec. 4301.10. (A) The division of liquor control shall do	708
all of the following:	709

(1) Control the traffic in beer and intoxicating liquor in	710
this state, including the manufacture, importation, and sale of	711
beer and intoxicating liquor;	712

(2) Grant or refuse permits for the manufacture,	713
distribution, transportation, and sale of beer and intoxicating	714
liquor and the sale of alcohol, as authorized or required by this	715
chapter and Chapter 4303. of the Revised Code. A certificate,	716
signed by the superintendent of liquor control and to which is	717
affixed the official seal of the division, stating that it appears	718
from the records of the division that no permit has been issued to	719
the person specified in the certificate, or that a permit, if	720
issued, has been revoked, canceled, or suspended, shall be	721
received as prima-facie evidence of the facts recited in the	722
certificate in any court or before any officer of this state.	723

(3) Put into operation, manage, and control a system of state	724
liquor stores for the sale of spirituous liquor at retail and to	725
holders of permits authorizing the sale of spirituous liquor;	726
however, the division shall not establish any drive-in state	727
liquor stores; and by means of those types of stores, and any	728
manufacturing plants, distributing and bottling plants,	729
warehouses, and other facilities that it considers expedient,	730
establish and maintain a state monopoly of the distribution of	731
spirituous liquor and its sale in packages or containers; and for	732
that purpose, manufacture, buy, import, possess, and sell	733
spirituous liquors as provided in this chapter and Chapter 4303.	734
of the Revised Code, and in the rules promulgated by the	735
superintendent of liquor control pursuant to those chapters; lease	736
or in any manner acquire the use of any land or building required	737
for any of those purposes; purchase any equipment that is	738
required; and borrow money to carry on its business, and issue,	739
sign, endorse, and accept notes, checks, and bills of exchange;	740
but all obligations of the division created under authority of	741
this division shall be a charge only upon the moneys received by	742
the division from the sale of spirituous liquor and its other	743
business transactions in connection with the sale of spirituous	744
liquor, and shall not be general obligations of the state;	745

(4) Enforce the administrative provisions of this chapter and	746
Chapter 4303. of the Revised Code, and the rules and orders of the	747
liquor control commission and the superintendent relating to the	748
manufacture, importation, transportation, distribution, and sale	749
of beer or intoxicating liquor. The attorney general, any	750
prosecuting attorney, and any prosecuting officer of a municipal	751
corporation or a municipal court shall, at the request of the	752
division of liquor control or the department of public safety,	753
prosecute any person charged with the violation of any provision	754
in those chapters or of any section of the Revised Code relating	755
to the manufacture, importation, transportation, distribution, and	756
sale of beer or intoxicating liquor.	757

(5) Determine the locations of all state liquor stores and	758
manufacturing, distributing, and bottling plants required in	759
connection with those stores, subject to this chapter and Chapter	760
4303. of the Revised Code;	761

(6) Conduct inspections of liquor permit premises to	762
determine compliance with the administrative provisions of this	763
chapter and Chapter 4303. of the Revised Code and the rules	764
adopted under those provisions by the liquor control commission.	765

Except as otherwise provided in division (A)(6) of this	766
section, those inspections may be conducted only during those	767
hours in which the permit holder is open for business and only by	768
authorized agents or employees of the division or by any peace	769
officer, as defined in section 2935.01 of the Revised Code.	770
Inspections may be conducted at other hours only to determine	771
compliance with laws or commission rules that regulate the hours	772
of sale of beer or intoxicating liquor and only if the	773
investigator has reasonable cause to believe that those laws or	774
rules are being violated. Any inspection conducted pursuant to	775
division (A)(6) of this section is subject to all of the following	776
requirements:	777

(a) The only property that may be confiscated is contraband,	778
as defined in section 2901.01 of the Revised Code, or property	779
that is otherwise necessary for evidentiary purposes.	780

(b) A complete inventory of all property confiscated from the	781
premises shall be given to the permit holder or the permit	782
holder's agent or employee by the confiscating agent or officer at	783
the conclusion of the inspection. At that time, the inventory	784
shall be signed by the confiscating agent or officer, and the	785
agent or officer shall give the permit holder or the permit	786
holder's agent or employee the opportunity to sign the inventory.	787

(c) Inspections conducted pursuant to division (A)(6) of this	788
section shall be conducted in a reasonable manner. A finding by	789
any court of competent jurisdiction that an inspection was not	790
conducted in a reasonable manner in accordance with this section	791
or any rules adopted by the commission may be considered grounds	792
for suppression of evidence. A finding by the commission that an	793
inspection was not conducted in a reasonable manner in accordance	794
with this section or any rules adopted by it may be considered	795
grounds for dismissal of the commission case.	796

If any court of competent jurisdiction finds that property	797
confiscated as the result of an administrative inspection is not	798
necessary for evidentiary purposes and is not contraband, as	799
defined in section 2901.01 of the Revised Code, the court shall	800
order the immediate return of the confiscated property, provided	801
that property is not otherwise subject to forfeiture, to the	802
permit holder. However, the return of this property is not grounds	803
for dismissal of the case. The commission likewise may order the	804
return of confiscated property if no criminal prosecution is	805
pending or anticipated.	806

(7) Delegate to any of its agents or employees any power of	807
investigation that the division possesses with respect to the	808
enforcement of any of the administrative laws relating to beer or	809
intoxicating liquor, provided that this division does not	810
authorize the division to designate any agent or employee to serve	811
as an enforcement agent. The employment and designation of	812
enforcement agents shall be within the exclusive authority of the	813
director of public safety pursuant to sections 5502.13 to 5502.19	814
of the Revised Code.	815

(8) Collect the following fees:

816

(a) A biennial fifty-dollar registration fee for each agent,	817
solicitor, or salesperson, registered pursuant to section 4303.25	818
of the Revised Code, of a beer or intoxicating liquor	819
manufacturer, supplier, broker, or wholesale distributor doing	820
business in this state;	821

(b) A fifty-dollar product registration fee for each new beer	822
or intoxicating liquor product sold in this state. The product	823
registration fee also applies to products sold in this state by	824
B-2a and S permit holders. The product registration fee shall be	825
accompanied by a copy of the federal label and product approval	826
for the new product.	827

(c) An annual three-hundred-dollar supplier registration fee	828
from each manufacturer or supplier that produces and ships into	829
this state, or ships into this state, intoxicating liquor or beer,	830
in addition to an initial application fee of one hundred dollars.	831
A manufacturer that produces and ships beer or wine into this	832
state and that holds only an S permit is exempt from the supplier	833
registration fee. A manufacturer that produces and ships wine into	834
this state and that holds a B-2a permit shall pay an annual	835
seventy-six-dollar supplier registration fee. A manufacturer that	836
produces and ships wine into this state and that does not hold	837
either an S or a B-2a permit, but that produces less than two	838
hundred fifty thousand gallons of wine per year and that is	839
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	840
annual seventy-six-dollar supplier registration fee. A B-2a or S	841
permit holder that does not sell its wine to wholesale	842
distributors of wine in this state and an S permit holder that	843
does not sell its beer to wholesale distributors of beer in this	844
state shall not be required to submit to the division territory	845
designation forms.	846

Each supplier, agent, solicitor, or salesperson registration	847
issued under this division shall authorize the person named to	848
carry on the activity specified in the registration. Each agent,	849
solicitor, or salesperson registration is valid for two years or	850
for the unexpired portion of a two-year registration period. Each	851
supplier registration is valid for one year or for the unexpired	852
portion of a one-year registration period. Registrations shall end	853
on their respective uniform expiration date, which shall be	854
designated by the division, and are subject to suspension,	855
revocation, cancellation, or fine as authorized by this chapter	856
and Chapter 4303. of the Revised Code.	857

(9) Establish a system of electronic data interchange within	858
the division and regulate the electronic transfer of information	859
and funds among persons and governmental entities engaged in the	860
manufacture, distribution, and retail sale of alcoholic beverages;	861

(10) Notify all holders of retail permits of the forms of	862
permissible identification for purposes of division (A) of section	863
4301.639 of the Revised Code;	864

(11) Exercise all other powers expressly or by necessary	865
implication conferred upon the division by this chapter and	866
Chapter 4303. of the Revised Code, and all powers necessary for	867
the exercise or discharge of any power, duty, or function	868
expressly conferred or imposed upon the division by those	869
chapters.	870

(B) The division may do all of the following:

871

(1) Sue, but may be sued only in connection with the	872
execution of leases of real estate and the purchases and contracts	873
necessary for the operation of the state liquor stores that are	874
made under this chapter and Chapter 4303. of the Revised Code;	875

(2) Enter into leases and contracts of all descriptions and	876
acquire and transfer title to personal property with regard to the	877
sale, distribution, and storage of spirituous liquor within the	878
state;	879

(3) Terminate at will any lease entered into pursuant to	880
division (B)(2) of this section upon first giving ninety days'	881
notice in writing to the lessor of its intention to do so;	882

(4) Fix the wholesale and retail prices at which the various	883
classes, varieties, and brands of spirituous liquor shall be sold	884
by the division. Those retail prices shall be the same at all	885
state liquor stores, except to the extent that a price	886
differential is required to collect a county sales tax levied	887
pursuant to section 5739.021 of the Revised Code and for which tax	888
the tax commissioner has authorized prepayment pursuant to section	889
5739.05 of the Revised Code. In fixing selling prices, the	890
division shall compute an anticipated gross profit at least	891
sufficient to provide in each calendar year all costs and expenses	892
of the division and also an adequate working capital reserve for	893
the division. The gross profit shall not exceed forty per cent of	894
the retail selling price based on costs of the division, and in	895
addition the sum required by section 4301.12 of the Revised Code	896
to be paid into the state treasury. An amount equal to one and	897
one-half per cent of that gross profit shall be paid into the	898
statewide treatment and prevention fund created by section 4301.30	899
of the Revised Code and be appropriated by the general assembly	900
from the fund to the department of alcohol and drug addiction	901
services as provided in section 4301.30 of the Revised Code.	902

On spirituous liquor manufactured in this state from the	903
juice of grapes or fruits grown in this state, the division shall	904
compute an anticipated gross profit of not to exceed ten per cent.	905

The wholesale prices fixed under this division shall be at a	906
discount of not less than six per cent of the retail selling	907
prices as determined by the division in accordance with this	908
section.	909

(C) The division may approve the expansion or diminution of a	910
premises to which a liquor permit has been issued and may adopt	911
standards governing such an expansion or diminution.	912

Sec. 4301.20. This chapter and Chapter 4303. of the Revised	913
Code do not prevent the following:	914

(A) The storage of intoxicating liquor in bonded warehouses,	915
established in accordance with the acts of congress and under the	916
regulation of the United States, located in this state, or the	917
transportation of intoxicating liquor to or from bonded warehouses	918
of the United States wherever located;	919

(B) A bona fide resident of this state who is the owner of a	920
warehouse receipt from obtaining or transporting to the resident's	921
residence for the resident's own consumption and not for resale	922
spirituous liquor stored in a government bonded warehouse in this	923
state or in another state prior to December 1933, subject to such	924
terms as are prescribed by the division of liquor control;	925

(C) The manufacture of cider from fruit for the purpose of	926
making vinegar, and nonintoxicating cider and fruit juices for use	927
and sale;	928

(D) A licensed physician or dentist from administering or	929
dispensing intoxicating liquor or alcohol to a patient in good	930
faith in the actual course of the practice of the physician's or	931
dentist's profession;	932

(E) The sale of alcohol to physicians, dentists, druggists,	933
veterinary surgeons, manufacturers, hospitals, infirmaries, or	934
medical or educational institutions using the alcohol for	935
medicinal, mechanical, chemical, or scientific purposes;	936

(F) The sale, gift, or keeping for sale by druggists and	937
others of any of the medicinal preparations manufactured in	938
accordance with the formulas prescribed by the United States	939
Pharmacopoeia and National Formulary, patent or proprietary	940
preparations, and other bona fide medicinal and technical	941
preparations, which contain no more alcohol than is necessary to	942
hold the medicinal agents in solution and to preserve the same,	943
which are manufactured and sold as medicine and not as beverages,	944
are unfit for use for beverage purposes, and the sale of which	945
does not require the payment of a United States liquor dealer's	946
tax;	947

(G) The manufacture and sale of tinctures or of toilet,	948
medicinal, and antiseptic preparations and solutions not intended	949
for internal human use nor to be sold as beverages, and which are	950
unfit for beverage purposes, if upon the outside of each bottle,	951
box, or package of which there is printed in the English language,	952
conspicuously and legibly, the quantity by volume of alcohol in	953
the preparation or solution;	954

(H) The manufacture and keeping for sale of the food products	955
known as flavoring extracts when manufactured and sold for	956
cooking, culinary, or flavoring purposes, and which are unfit for	957
use for beverage purposes;	958

(I) The lawful sale of wood alcohol or of ethyl alcohol for	959
external use when combined with other substances as to make it	960
unfit for internal use;	961

(J) The manufacture, sale, and transport of ethanol or ethyl	962
alcohol for use as fuel. As used in this division, "ethanol" has	963
the same meaning as in section 5733.46 of the Revised Code.	964

(K) The purchase and importation into this state of	965
intoxicating liquor for use in manufacturing processes of	966
nonbeverage food products under terms prescribed by the division,	967
provided that the terms prescribed by the division shall not	968
increase the cost of the intoxicating liquor to any person, firm,	969
or corporation purchasing and importing it into this state for	970
that use;	971

(L) Any resident of this state or any member of the armed	972
forces of the United States, who has attained the age of	973
twenty-one years, from bringing into this state, for personal use	974
and not for resale, not more than one liter of spirituous liquor,	975
four and one-half liters of wine, or two hundred eighty-eight	976
ounces of beer in any thirty-day period, and the same is free of	977
any tax consent fee when the resident or member of the armed	978
forces physically possesses and accompanies the spirituous liquor,	979
wine, or beer on returning from a foreign country, another state,	980
or an insular possession of the United States;	981

(M) Persons, at least twenty-one years of age, who collect	982
ceramic commemorative bottles containing spirituous liquor that	983
have unbroken federal tax stamps on them from selling or trading	984
the bottles to other collectors. The bottles shall originally have	985
been purchased at retail from the division, legally imported under	986
division (L) of this section, or legally imported pursuant to a	987
supplier registration issued by the division. The sales shall be	988
for the purpose of exchanging a ceramic commemorative bottle	989
between private collectors and shall not be for the purpose of	990
selling the spirituous liquor for personal consumption. The sale	991
or exchange authorized by this division shall not occur on the	992
premises of any permit holder, shall not be made in connection	993
with the business of any permit holder, and shall not be made in	994
connection with any mercantile business.	995

(N) The sale of beer or intoxicating liquor without a liquor	996
permit at a private residence, not more than five times per	997
calendar year at a residence address, at an event that has the	998
following characteristics:	999

(1) The event is for a charitable, benevolent, or political	1000
purpose, but shall not include any event the proceeds of which are	1001
for the profit or gain of any individual;	1002

(2) The event has in attendance not more than fifty people;

1003

(3) The event shall be for a period not to exceed twelve	1004
hours;	1005

(4) The sale of beer and intoxicating liquor at the event	1006
shall not take place between two-thirty a.m. and five-thirty a.m.;	1007

(5) No person under twenty-one years of age shall purchase or	1008
consume beer or intoxicating liquor at the event and no beer or	1009
intoxicating liquor shall be sold to any person under twenty-one	1010
years of age at the event; and	1011

(6) No person at the event shall sell or furnish beer or	1012
intoxicating liquor to an intoxicated person.	1013

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

1014

(1) "Chauffeured limousine" means a vehicle registered under	1015
section 4503.24 of the Revised Code.	1016

(2) "Street," "highway," and "motor vehicle" have the same	1017
meanings as in section 4511.01 of the Revised Code.	1018

(B) No person shall have in the person's possession an opened	1019
container of beer or intoxicating liquor in any of the following	1020
circumstances:	1021

(1) In a state liquor store;

1022

(2) Except as provided in division (C) of this section, on	1023
the premises of the holder of any permit issued by the division of	1024
liquor control;	1025

(3) In any other public place;

1026

(4) Except as provided in division (D) or (E) of this	1027
section, while operating or being a passenger in or on a motor	1028
vehicle on any street, highway, or other public or private	1029
property open to the public for purposes of vehicular travel or	1030
parking;	1031

(5) Except as provided in division (D) or (E) of this	1032
section, while being in or on a stationary motor vehicle on any	1033
street, highway, or other public or private property open to the	1034
public for purposes of vehicular travel or parking.	1035

(C)(1) A person may have in the person's possession an opened	1036
container of any of the following:	1037

(a) Beer or intoxicating liquor that has been lawfully	1038
purchased for consumption on the premises where bought from the	1039
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	1040
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	1041
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	1042
F-8 permit;	1043

(b) Beer, wine, or mixed beverages served for consumption on	1044
the premises by the holder of an F-3 permit or wine served for	1045
consumption on the premises by the holder of an F-4 or F-6 permit;	1046

(c) Beer or intoxicating liquor consumed on the premises of a	1047
convention facility as provided in section 4303.201 of the Revised	1048
Code;	1049

(d) Beer or intoxicating liquor to be consumed during	1050
tastings and samplings approved by rule of the liquor control	1051
commission.	1052

(2) A person may have in the person's possession on an F	1053
liquor permit premises an opened container of beer or intoxicating	1054
liquor that was not purchased from the holder of the F permit if	1055
the premises for which the F permit is issued is a music festival	1056
and the holder of the F permit grants permission for that	1057
possession on the premises during the period for which the F	1058
permit is issued. As used in this division, "music festival" means	1059
a series of outdoor live musical performances, extending for a	1060
period of at least three consecutive days and located on an area	1061
of land of at least forty acres.	1062

(3)(a) A person may have in the person's possession on a D-2	1063
liquor permit premises an opened or unopened container of wine	1064
that was not purchased from the holder of the D-2 permit if the	1065
premises for which the D-2 permit is issued is an outdoor	1066
performing arts center, the person is attending an orchestral	1067
performance, and the holder of the D-2 permit grants permission	1068
for the possession and consumption of wine in certain	1069
predesignated areas of the premises during the period for which	1070
the D-2 permit is issued.	1071

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

1072

(i) "Orchestral performance" means a concert comprised of a	1073
group of not fewer than forty musicians playing various musical	1074
instruments.	1075

(ii) "Outdoor performing arts center" means an outdoor	1076
performing arts center that is located on not less than ~~eight~~one	1077
hundred fifty acres of land and that is open for performances from	1078
the first day of April to the last day of October of each year.	1079

(4) A person may have in the person's possession an opened or	1080
unopened container of beer or intoxicating liquor at an outdoor	1081
location at which the person is attending an orchestral	1082
performance as defined in division (C)(3)(b)(i) of this section if	1083
the person with supervision and control over the performance	1084
grants permission for the possession and consumption of beer or	1085
intoxicating liquor in certain predesignated areas of that outdoor	1086
location.	1087

(D) This section does not apply to a person who pays all or a	1088
portion of the fee imposed for the use of a chauffeured limousine	1089
pursuant to a prearranged contract, or the guest of the person,	1090
when all of the following apply:	1091

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

1092

(2) The person or guest is located in the limousine, but is	1093
not occupying a seat in the front compartment of the limousine	1094
where the operator of the limousine is located.	1095

(3) The limousine is located on any street, highway, or other	1096
public or private property open to the public for purposes of	1097
vehicular travel or parking.	1098

(E) An opened bottle of wine that was purchased from the	1099
holder of a permit that authorizes the sale of wine for	1100
consumption on the premises where sold is not an opened container	1101
for the purposes of this section if both of the following apply:	1102

(1) The opened bottle of wine is securely resealed by the	1103
permit holder or an employee of the permit holder before the	1104
bottle is removed from the premises. The bottle shall be secured	1105
in such a manner that it is visibly apparent if the bottle has	1106
been subsequently opened or tampered with.	1107

(2) The opened bottle of wine that is resealed in accordance	1108
with division (E)(1) of this section is stored in the trunk of a	1109
motor vehicle or, if the motor vehicle does not have a trunk,	1110
behind the last upright seat or in an area not normally occupied	1111
by the driver or passengers and not easily accessible by the	1112
driver.	1113

Sec. 4303.232. (A)(1) Permit S may be issued to a person	1114
that is the brand owner or United States importer of beer or	1115
wine, is the designated agent of a brand owner or importer for all	1116
beer or wine sold in this state for that owner or importer, or	1117
manufactures wine if ~~such~~the manufacturer is entitled to a tax	1118
credit under 27 C.F.R. 24.278 and produces less than two hundred	1119
fifty thousand gallons of wine per year. If the person resides	1120
outside this state, the person shall comply with the requirements	1121
governing the issuance of licenses or permits that authorize the	1122
sale of beer or intoxicating liquor by the appropriate authority	1123
of the state in which the person resides or by the alcohol and	1124
tobacco tax and trade bureau of the United States department of	1125
the treasury.	1126

(2) The fee for the S permit is twenty-five dollars.

1127

(3) The holder of an S permit may sell beer or wine to a	1128
personal consumer by receiving and filling orders that the	1129
personal consumer submits to the permit holder. The permit holder	1130
shall sell only wine that the permit holder has manufactured to a	1131
personal consumer.	1132

(4) The holder of an S permit shall renew the permit in	1133
accordance with section 4303.271 of the Revised Code, except that	1134
the renewal shall not be subject to the notice and hearing	1135
requirements established in division (B) of that section.	1136

(5) The division of liquor control may refuse to renew an S	1137
permit for any of the reasons specified in section 4303.292 of the	1138
Revised Code or if the holder of the permit fails to do any of the	1139
following:	1140

(a) Collect and pay all applicable taxes specified in	1141
division (B) of this section;	1142

(b) Pay the permit fee;

1143

(c) Comply with this section or any rules adopted by the	1144
liquor control commission under section 4301.03 of the Revised	1145
Code.	1146

(B)(1) The holder of an S permit who sells wine shall collect	1147
and pay the taxes relating to the delivery of wine to a personal	1148
consumer that are levied under sections 4301.421, 4301.43, and	1149
4301.432 and Chapters 5739. and 5741. of the Revised Code.	1150

(2) The holder of an S permit who sells beer shall collect	1151
and pay the taxes relating to the delivery of beer to a personal	1152
consumer that are levied under sections 4301.42 and 4301.421 and	1153
Chapters 4305., 4307., 5739., and 5741. of the Revised Code.	1154

(C)(1) The holder of an S permit shall send a shipment of	1155
beer or wine that has been paid for by a personal consumer to that	1156
personal consumer via the holder of an H permit. Prior to sending	1157
a shipment of beer or wine to a personal consumer, the holder of	1158
an S permit, or an employee of the permit holder, shall make a	1159
bona fide effort to ensure that the personal consumer is at least	1160
twenty-one years of age. The shipment of beer or wine shall be	1161
shipped in a package that clearly has written on it in bold print	1162
the words "alcohol enclosed." No person shall fail to comply with	1163
division (C)(1) of this section.	1164

(2) Upon delivering a shipment of beer or wine to a personal	1165
consumer, the holder of the H permit, or an employee of the permit	1166
holder, shall verify that the personal consumer is at least	1167
twenty-one years of age by checking the personal consumer's	1168
driver's or commercial driver's license or identification card	1169
issued under sections 4507.50 to 4507.52 of the Revised Code.	1170

(3) The holder of an S permit shall keep a record of each	1171
shipment of beer or wine that the permit holder sends to a	1172
personal consumer. The records shall be used for all of the	1173
following:	1174

(a) To provide a copy of each beer or wine shipment invoice	1175
to the tax commissioner in a manner prescribed by the	1176
commissioner. The invoice shall include the name of each personal	1177
consumer that purchased beer or wine from the S permit holder in	1178
accordance with this section and any other information required by	1179
the tax commissioner.	1180

(b) To provide annually in electronic format by electronic	1181
means a report to the division. The report shall include the name	1182
and address of each personal consumer that purchased beer or wine	1183
from the S permit holder in accordance with this section, the	1184
quantity of beer or wine purchased by each personal consumer, and	1185
any other information requested by the division. The division	1186
shall prescribe and provide an electronic form for the report and	1187
shall determine the specific electronic means that the S permit	1188
holder must use to submit the report.	1189

(c) To notify a personal consumer of any health or welfare	1190
recalls of the beer or wine that has been purchased by the	1191
personal consumer.	1192

(D) As used in this section, "personal consumer" means an	1193
individual who is at least twenty-one years of age, is a resident	1194
of this state, does not hold a permit issued under this chapter,	1195
and intends to use beer or wine purchased in accordance with this	1196
section for personal consumption only and not for resale or other	1197
commercial purposes.	1198

(E) The holder of an S permit shall comply with this chapter,	1199
Chapter 4301. of the Revised Code, and any rules adopted by the	1200
liquor control commission under section 4301.03 of the Revised	1201
Code.	1202

Sec. 4501.01. As used in this chapter and Chapters 4503.,	1203
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	1204
Revised Code, and in the penal laws, except as otherwise provided:	1205

(A) "Vehicles" means everything on wheels or runners,	1206
including motorized bicycles, but does not mean electric personal	1207
assistive mobility devices, vehicles that are operated exclusively	1208
on rails or tracks or from overhead electric trolley wires, and	1209
vehicles that belong to any police department, municipal fire	1210
department, or volunteer fire department, or that are used by such	1211
a department in the discharge of its functions.	1212

(B) "Motor vehicle" means any vehicle, including mobile homes	1213
and recreational vehicles, that is propelled or drawn by power	1214
other than muscular power or power collected from overhead	1215
electric trolley wires. "Motor vehicle" does not include utility	1216
vehicles as defined in division (VV) of this section, motorized	1217
bicycles, road rollers, traction engines, power shovels, power	1218
cranes, and other equipment used in construction work and not	1219
designed for or employed in general highway transportation,	1220
well-drilling machinery, ditch-digging machinery, farm machinery,	1221
and trailers that are designed and used exclusively to transport a	1222
boat between a place of storage and a marina, or in and around a	1223
marina, when drawn or towed on a public road or highway for a	1224
distance of no more than ten miles and at a speed of twenty-five	1225
miles per hour or less.	1226

(C) "Agricultural tractor" and "traction engine" mean any	1227
self-propelling vehicle that is designed or used for drawing other	1228
vehicles or wheeled machinery, but has no provisions for carrying	1229
loads independently of such other vehicles, and that is used	1230
principally for agricultural purposes.	1231

(D) "Commercial tractor," except as defined in division (C)	1232
of this section, means any motor vehicle that has motive power and	1233
either is designed or used for drawing other motor vehicles, or is	1234
designed or used for drawing another motor vehicle while carrying	1235
a portion of the other motor vehicle or its load, or both.	1236

(E) "Passenger car" means any motor vehicle that is designed	1237
and used for carrying not more than nine persons and includes any	1238
motor vehicle that is designed and used for carrying not more than	1239
fifteen persons in a ridesharing arrangement.	1240

(F) "Collector's vehicle" means any motor vehicle or	1241
agricultural tractor or traction engine that is of special	1242
interest, that has a fair market value of one hundred dollars or	1243
more, whether operable or not, and that is owned, operated,	1244
collected, preserved, restored, maintained, or used essentially as	1245
a collector's item, leisure pursuit, or investment, but not as the	1246
owner's principal means of transportation. "Licensed collector's	1247
vehicle" means a collector's vehicle, other than an agricultural	1248
tractor or traction engine, that displays current, valid license	1249
tags issued under section 4503.45 of the Revised Code, or a	1250
similar type of motor vehicle that displays current, valid license	1251
tags issued under substantially equivalent provisions in the laws	1252
of other states.	1253

(G) "Historical motor vehicle" means any motor vehicle that	1254
is over twenty-five years old and is owned solely as a collector's	1255
item and for participation in club activities, exhibitions, tours,	1256
parades, and similar uses, but that in no event is used for	1257
general transportation.	1258

(H) "Noncommercial motor vehicle" means any motor vehicle,	1259
including a farm truck as defined in section 4503.04 of the	1260
Revised Code, that is designed by the manufacturer to carry a load	1261
of no more than one ton and is used exclusively for purposes other	1262
than engaging in business for profit.	1263

(I) "Bus" means any motor vehicle that has motor power and is	1264
designed and used for carrying more than nine passengers, except	1265
any motor vehicle that is designed and used for carrying not more	1266
than fifteen passengers in a ridesharing arrangement.	1267

(J) "Commercial car" or "truck" means any motor vehicle that	1268
has motor power and is designed and used for carrying merchandise	1269
or freight, or that is used as a commercial tractor.	1270

(K) "Bicycle" means every device, other than a tricycle that	1271
is designed solely for use as a play vehicle by a child, that is	1272
propelled solely by human power upon which any person may ride,	1273
and that has two tandem wheels, or one wheel in front and two	1274
wheels in the rear, or two wheels in the front and one wheel in	1275
the rear, any of which is more than fourteen inches in diameter.	1276

(L) "Motorized bicycle" means any vehicle that either has two	1277
tandem wheels or one wheel in the front and two wheels in the	1278
rear, that is capable of being pedaled, and that is equipped with	1279
a helper motor of not more than fifty cubic centimeters piston	1280
displacement that produces no more than one brake horsepower and	1281
is capable of propelling the vehicle at a speed of no greater than	1282
twenty miles per hour on a level surface.	1283

(M) "Trailer" means any vehicle without motive power that is	1284
designed or used for carrying property or persons wholly on its	1285
own structure and for being drawn by a motor vehicle, and includes	1286
any such vehicle that is formed by or operated as a combination of	1287
a semitrailer and a vehicle of the dolly type such as that	1288
commonly known as a trailer dolly, a vehicle used to transport	1289
agricultural produce or agricultural production materials between	1290
a local place of storage or supply and the farm when drawn or	1291
towed on a public road or highway at a speed greater than	1292
twenty-five miles per hour, and a vehicle that is designed and	1293
used exclusively to transport a boat between a place of storage	1294
and a marina, or in and around a marina, when drawn or towed on a	1295
public road or highway for a distance of more than ten miles or at	1296
a speed of more than twenty-five miles per hour. "Trailer" does	1297
not include a manufactured home or travel trailer.	1298

(N) "Noncommercial trailer" means any trailer, except a	1299
travel trailer or trailer that is used to transport a boat as	1300
described in division (B) of this section, but, where applicable,	1301
includes a vehicle that is used to transport a boat as described	1302
in division (M) of this section, that has a gross weight of no	1303
more than ~~three~~ten thousand pounds, and that is used exclusively	1304
for purposes other than engaging in business for a profit, such as	1305
the transportation of personal items for personal or recreational	1306
purposes.	1307

(O) "Mobile home" means a building unit or assembly of closed	1308
construction that is fabricated in an off-site facility, is more	1309
than thirty-five body feet in length or, when erected on site, is	1310
three hundred twenty or more square feet, is built on a permanent	1311
chassis, is transportable in one or more sections, and does not	1312
qualify as a manufactured home as defined in division (C)(4) of	1313
section 3781.06 of the Revised Code or as an industrialized unit	1314
as defined in division (C)(3) of section 3781.06 of the Revised	1315
Code.	1316

(P) "Semitrailer" means any vehicle of the trailer type that	1317
does not have motive power and is so designed or used with another	1318
and separate motor vehicle that in operation a part of its own	1319
weight or that of its load, or both, rests upon and is carried by	1320
the other vehicle furnishing the motive power for propelling	1321
itself and the vehicle referred to in this division, and includes,	1322
for the purpose only of registration and taxation under those	1323
chapters, any vehicle of the dolly type, such as a trailer dolly,	1324
that is designed or used for the conversion of a semitrailer into	1325
a trailer.	1326

(Q) "Recreational vehicle" means a vehicular portable	1327
structure that meets all of the following conditions:	1328

(1) It is designed for the sole purpose of recreational	1329
travel.	1330

(2) It is not used for the purpose of engaging in business	1331
for profit.	1332

(3) It is not used for the purpose of engaging in intrastate	1333
commerce.	1334

(4) It is not used for the purpose of commerce as defined in	1335
49 C.F.R. 383.5, as amended.	1336

(5) It is not regulated by the public utilities commission	1337
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	1338

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

1339

(a) "Travel trailer" means a nonself-propelled recreational	1340
vehicle that does not exceed an overall length of thirty-five	1341
feet, exclusive of bumper and tongue or coupling, and contains	1342
less than three hundred twenty square feet of space when erected	1343
on site. "Travel trailer" includes a tent-type fold-out camping	1344
trailer as defined in section 4517.01 of the Revised Code.	1345

(b) "Motor home" means a self-propelled recreational vehicle	1346
that has no fifth wheel and is constructed with permanently	1347
installed facilities for cold storage, cooking and consuming of	1348
food, and for sleeping.	1349

(c) "Truck camper" means a nonself-propelled recreational	1350
vehicle that does not have wheels for road use and is designed to	1351
be placed upon and attached to a motor vehicle. "Truck camper"	1352
does not include truck covers that consist of walls and a roof,	1353
but do not have floors and facilities enabling them to be used as	1354
a dwelling.	1355

(d) "Fifth wheel trailer" means a vehicle that is of such	1356
size and weight as to be movable without a special highway permit,	1357
that has a gross trailer area of four hundred square feet or less,	1358
that is constructed with a raised forward section that allows a	1359
bi-level floor plan, and that is designed to be towed by a vehicle	1360
equipped with a fifth-wheel hitch ordinarily installed in the bed	1361
of a truck.	1362

(e) "Park trailer" means a vehicle that is commonly known as	1363
a park model recreational vehicle, meets the American national	1364
standard institute standard A119.5 (1988) for park trailers, is	1365
built on a single chassis, has a gross trailer area of four	1366
hundred square feet or less when set up, is designed for seasonal	1367
or temporary living quarters, and may be connected to utilities	1368
necessary for the operation of installed features and appliances.	1369

(R) "Pneumatic tires" means tires of rubber and fabric or	1370
tires of similar material, that are inflated with air.	1371

(S) "Solid tires" means tires of rubber or similar elastic	1372
material that are not dependent upon confined air for support of	1373
the load.	1374

(T) "Solid tire vehicle" means any vehicle that is equipped	1375
with two or more solid tires.	1376

(U) "Farm machinery" means all machines and tools that are	1377
used in the production, harvesting, and care of farm products, and	1378
includes trailers that are used to transport agricultural produce	1379
or agricultural production materials between a local place of	1380
storage or supply and the farm, agricultural tractors, threshing	1381
machinery, hay-baling machinery, corn shellers, hammermills, and	1382
machinery used in the production of horticultural, agricultural,	1383
and vegetable products.	1384

(V) "Owner" includes any person or firm, other than a	1385
manufacturer or dealer, that has title to a motor vehicle, except	1386
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	1387
includes in addition manufacturers and dealers.	1388

(W) "Manufacturer" and "dealer" include all persons and firms	1389
that are regularly engaged in the business of manufacturing,	1390
selling, displaying, offering for sale, or dealing in motor	1391
vehicles, at an established place of business that is used	1392
exclusively for the purpose of manufacturing, selling, displaying,	1393
offering for sale, or dealing in motor vehicles. A place of	1394
business that is used for manufacturing, selling, displaying,	1395
offering for sale, or dealing in motor vehicles shall be deemed to	1396
be used exclusively for those purposes even though snowmobiles or	1397
all-purpose vehicles are sold or displayed for sale thereat, even	1398
though farm machinery is sold or displayed for sale thereat, or	1399
even though repair, accessory, gasoline and oil, storage, parts,	1400
service, or paint departments are maintained thereat, or, in any	1401
county having a population of less than seventy-five thousand at	1402
the last federal census, even though a department in a place of	1403
business is used to dismantle, salvage, or rebuild motor vehicles	1404
by means of used parts, if such departments are operated for the	1405
purpose of furthering and assisting in the business of	1406
manufacturing, selling, displaying, offering for sale, or dealing	1407
in motor vehicles. Places of business or departments in a place of	1408
business used to dismantle, salvage, or rebuild motor vehicles by	1409
means of using used parts are not considered as being maintained	1410
for the purpose of assisting or furthering the manufacturing,	1411
selling, displaying, and offering for sale or dealing in motor	1412
vehicles.	1413

(X) "Operator" includes any person who drives or operates a	1414
motor vehicle upon the public highways.	1415

(Y) "Chauffeur" means any operator who operates a motor	1416
vehicle, other than a taxicab, as an employee for hire; or any	1417
operator whether or not the owner of a motor vehicle, other than a	1418
taxicab, who operates such vehicle for transporting, for gain,	1419
compensation, or profit, either persons or property owned by	1420
another. Any operator of a motor vehicle who is voluntarily	1421
involved in a ridesharing arrangement is not considered an	1422
employee for hire or operating such vehicle for gain,	1423
compensation, or profit.	1424

(Z) "State" includes the territories and federal districts of	1425
the United States, and the provinces of Canada.	1426

(AA) "Public roads and highways" for vehicles includes all	1427
public thoroughfares, bridges, and culverts.	1428

(BB) "Manufacturer's number" means the manufacturer's	1429
original serial number that is affixed to or imprinted upon the	1430
chassis or other part of the motor vehicle.	1431

(CC) "Motor number" means the manufacturer's original number	1432
that is affixed to or imprinted upon the engine or motor of the	1433
vehicle.	1434

(DD) "Distributor" means any person who is authorized by a	1435
motor vehicle manufacturer to distribute new motor vehicles to	1436
licensed motor vehicle dealers at an established place of business	1437
that is used exclusively for the purpose of distributing new motor	1438
vehicles to licensed motor vehicle dealers, except when the	1439
distributor also is a new motor vehicle dealer, in which case the	1440
distributor may distribute at the location of the distributor's	1441
licensed dealership.	1442

(EE) "Ridesharing arrangement" means the transportation of	1443
persons in a motor vehicle where the transportation is incidental	1444
to another purpose of a volunteer driver and includes ridesharing	1445
arrangements known as carpools, vanpools, and buspools.	1446

(FF) "Apportionable vehicle" means any vehicle that is used	1447
or intended for use in two or more international registration plan	1448
member jurisdictions that allocate or proportionally register	1449
vehicles, that is used for the transportation of persons for hire	1450
or designed, used, or maintained primarily for the transportation	1451
of property, and that meets any of the following qualifications:	1452

(1) Is a power unit having a gross vehicle weight in excess	1453
of twenty-six thousand pounds;	1454

(2) Is a power unit having three or more axles, regardless of	1455
the gross vehicle weight;	1456

(3) Is a combination vehicle with a gross vehicle weight in	1457
excess of twenty-six thousand pounds.	1458

"Apportionable vehicle" does not include recreational	1459
vehicles, vehicles displaying restricted plates, city pick-up and	1460
delivery vehicles, buses used for the transportation of chartered	1461
parties, or vehicles owned and operated by the United States, this	1462
state, or any political subdivisions thereof.	1463

(GG) "Chartered party" means a group of persons who contract	1464
as a group to acquire the exclusive use of a passenger-carrying	1465
motor vehicle at a fixed charge for the vehicle in accordance with	1466
the carrier's tariff, lawfully on file with the United States	1467
department of transportation, for the purpose of group travel to a	1468
specified destination or for a particular itinerary, either agreed	1469
upon in advance or modified by the chartered group after having	1470
left the place of origin.	1471

(HH) "International registration plan" means a reciprocal	1472
agreement of member jurisdictions that is endorsed by the American	1473
association of motor vehicle administrators, and that promotes and	1474
encourages the fullest possible use of the highway system by	1475
authorizing apportioned registration of fleets of vehicles and	1476
recognizing registration of vehicles apportioned in member	1477
jurisdictions.	1478

(II) "Restricted plate" means a license plate that has a	1479
restriction of time, geographic area, mileage, or commodity, and	1480
includes license plates issued to farm trucks under division (J)	1481
of section 4503.04 of the Revised Code.	1482

(JJ) "Gross vehicle weight," with regard to any commercial	1483
car, trailer, semitrailer, or bus that is taxed at the rates	1484
established under section 4503.042 or 4503.65 of the Revised Code,	1485
means the unladen weight of the vehicle fully equipped plus the	1486
maximum weight of the load to be carried on the vehicle.	1487

(KK) "Combined gross vehicle weight" with regard to any	1488
combination of a commercial car, trailer, and semitrailer, that is	1489
taxed at the rates established under section 4503.042 or 4503.65	1490
of the Revised Code, means the total unladen weight of the	1491
combination of vehicles fully equipped plus the maximum weight of	1492
the load to be carried on that combination of vehicles.	1493

(LL) "Chauffeured limousine" means a motor vehicle that is	1494
designed to carry nine or fewer passengers and is operated for	1495
hire on an hourly basis pursuant to a prearranged contract for the	1496
transportation of passengers on public roads and highways along a	1497
route under the control of the person hiring the vehicle and not	1498
over a defined and regular route. "Prearranged contract" means an	1499
agreement, made in advance of boarding, to provide transportation	1500
from a specific location in a chauffeured limousine at a fixed	1501
rate per hour or trip. "Chauffeured limousine" does not include	1502
any vehicle that is used exclusively in the business of funeral	1503
directing.	1504

(MM) "Manufactured home" has the same meaning as in division	1505
(C)(4) of section 3781.06 of the Revised Code.	1506

(NN) "Acquired situs," with respect to a manufactured home or	1507
a mobile home, means to become located in this state by the	1508
placement of the home on real property, but does not include the	1509
placement of a manufactured home or a mobile home in the inventory	1510
of a new motor vehicle dealer or the inventory of a manufacturer,	1511
remanufacturer, or distributor of manufactured or mobile homes.	1512

(OO) "Electronic" includes electrical, digital, magnetic,	1513
optical, electromagnetic, or any other form of technology that	1514
entails capabilities similar to these technologies.	1515

(PP) "Electronic record" means a record generated,	1516
communicated, received, or stored by electronic means for use in	1517
an information system or for transmission from one information	1518
system to another.	1519

(QQ) "Electronic signature" means a signature in electronic	1520
form attached to or logically associated with an electronic	1521
record.	1522

(RR) "Financial transaction device" has the same meaning as	1523
in division (A) of section 113.40 of the Revised Code.	1524

(SS) "Electronic motor vehicle dealer" means a motor vehicle	1525
dealer licensed under Chapter 4517. of the Revised Code whom the	1526
registrar of motor vehicles determines meets the criteria	1527
designated in section 4503.035 of the Revised Code for electronic	1528
motor vehicle dealers and designates as an electronic motor	1529
vehicle dealer under that section.	1530

(TT) "Electric personal assistive mobility device" means a	1531
self-balancing two non-tandem wheeled device that is designed to	1532
transport only one person, has an electric propulsion system of an	1533
average of seven hundred fifty watts, and when ridden on a paved	1534
level surface by an operator who weighs one hundred seventy pounds	1535
has a maximum speed of less than twenty miles per hour.	1536

(UU) "Limited driving privileges" means the privilege to	1537
operate a motor vehicle that a court grants under section 4510.021	1538
of the Revised Code to a person whose driver's or commercial	1539
driver's license or permit or nonresident operating privilege has	1540
been suspended.	1541

(VV) "Utility vehicle" means a self-propelled vehicle	1542
designed with a bed, principally for the purpose of transporting	1543
material or cargo in connection with construction, agricultural,	1544
forestry, grounds maintenance, lawn and garden, materials	1545
handling, or similar activities. "Utility vehicle" includes a	1546
vehicle with a maximum attainable speed of twenty miles per hour	1547
or less that is used exclusively within the boundaries of state	1548
parks by state park employees or volunteers for the operation or	1549
maintenance of state park facilities.	1550

Sec. 4501.02. (A) There is hereby created in the department	1551
of public safety a bureau of motor vehicles, which shall be	1552
administered by a registrar of motor vehicles. The registrar shall	1553
be appointed by the director of public safety and shall serve at	1554
the director's pleasure.	1555

The registrar shall administer the laws of the state relative	1556
to the registration of and certificates of title for motor	1557
vehicles, and the licensing of motor vehicle dealers, motor	1558
vehicle leasing dealers, distributors, and salespersons, and of	1559
motor vehicle salvage dealers, salvage motor vehicle auctions, and	1560
salvage motor vehicle pools. The registrar also shall, in	1561
accordance with section 4503.61 of the Revised Code, take those	1562
steps necessary to enter this state into membership in the	1563
international registration plan and carry out the registrar's	1564
other duties under that section. The registrar, with the approval	1565
of the director of public safety, may do all of the following:	1566

(1) Adopt such forms and rules as are necessary to carry out	1567
all laws the registrar is required to administer;	1568

(2) Appoint such number of assistants, deputies, clerks,	1569
stenographers, and other employees as are necessary to carry out	1570
such laws;	1571

(3) Acquire or lease such facilities as are necessary to	1572
carry out the duties of the registrar's office;	1573

(4) Apply for, allocate, disburse, and account for grants	1574
made available under federal law or from other federal, state, or	1575
private sources;	1576

(5) Establish accounts in a bank or depository and deposit	1577
any funds collected by the registrar in those accounts to the	1578
credit of "state of Ohio, bureau of motor vehicles." Within three	1579
days after the deposit of funds in such an account, the registrar	1580
shall draw on that account in favor of the treasurer of state. The	1581
registrar may reserve funds against the draw to the treasurer of	1582
state to the extent reasonably necessary to ensure that the	1583
deposited items are not dishonored. The registrar may pay any	1584
service charge usually collected by the bank or depository.	1585

The registrar shall give a bond for the faithful performance	1586
of the registrar's duties in such amount and with such security as	1587
the director approves. When in the opinion of the director it is	1588
advisable, any deputy or other employee may be required to give	1589
bond in such amount and with such security as the director	1590
approves. In the discretion of the director, the bonds authorized	1591
to be taken on deputies or other employees may be individual,	1592
schedule, or blanket bonds.	1593

The director of public safety may investigate the activities	1594
of the bureau and have access to its records at any time, and the	1595
registrar shall make a report to the director at any time upon	1596
request.	1597

All laws relating to the licensing of motor vehicle dealers,	1598
motor vehicle leasing dealers, distributors, and salespersons, and	1599
of motor vehicle salvage dealers, salvage motor vehicle auctions,	1600
and salvage motor vehicle pools, designating and granting power to	1601
the registrar shall be liberally construed to the end that the	1602
practice or commission of fraud in the business of selling motor	1603
vehicles and of disposing of salvage motor vehicles may be	1604
prohibited and prevented.	1605

(B) There is hereby created in the department of public	1606
safety a division of emergency medical services, which shall be	1607
administered by an executive director of emergency medical	1608
services appointed under section 4765.03 of the Revised Code.	1609

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	1610
referred to in division (O) of section 4503.04, division (E) of	1611
section 4503.042, division (B) of section 4503.07, division (C)(1)	1612
of section 4503.10, division (D) of section 4503.182, division (A)	1613
of section 4503.19, division (D)(2) of section 4507.24, division	1614
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	1615
4505.111, 4506.08, 4506.09, 4507.23, 4508.05, 4923.12, and 5502.12	1616
of the Revised Code, and the taxes charged in section 4503.65 that	1617
are distributed in accordance with division (A)(2) of section	1618
4501.044 of the Revised Code unless otherwise designated by law,	1619
shall be deposited in the state treasury to the credit of the	1620
state highway safety fund, which is hereby created, and shall,	1621
after receipt of certifications from the commissioners of the	1622
sinking fund certifying~~, as required by sections 5528.15 and~~	1623
~~5528.35 of the Revised Code, that there are sufficient moneys to~~	1624
~~the credit of the highway improvement bond retirement fund created~~	1625
~~by section 5528.12 of the Revised Code to meet in full all~~	1626
~~payments of interest, principal, and charges for the retirement of~~	1627
~~bonds and other obligations issued pursuant to Section 2g of~~	1628
~~Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11~~	1629
~~of the Revised Code due and payable during the current calendar~~	1630
~~year, and~~ that there are sufficient moneys to the credit of the	1631
highway obligations bond retirement fund created by section	1632
5528.32 of the Revised Code to meet in full all payments of	1633
interest, principal, and charges for the retirement of highway	1634
obligations issued pursuant to Section 2i of Article VIII, Ohio	1635
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	1636
due and payable during the current calendar year, be used for the	1637
purpose of enforcing and paying the expenses of administering the	1638
law relative to the registration and operation of motor vehicles	1639
on the public roads or highways. Amounts credited to the fund may	1640
also be used to pay the expenses of administering and enforcing	1641
the laws under which such fees were collected. All investment	1642
earnings of the state highway safety fund shall be credited to the	1643
fund.	1644

Sec. 4501.21. (A) There is hereby created in the state	1645
treasury the license plate contribution fund. The fund shall	1646
consist of all contributions paid by motor vehicle registrants and	1647
collected by the registrar of motor vehicles pursuant to sections	1648
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	1649
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	1650
4503.523, 4503.531, 4503.545, 4503.55, 4503.551, 4503.552,	1651
4503.553, 4503.561, 4503.562, 4503.564, 4503.591, 4503.67,	1652
4503.68, 4503.69, 4503.701, 4503.71, 4503.711, 4503.712, 4503.72,	1653
4503.73, 4503.74, 4503.75, 4503.751, 4503.85, 4503.89, ~~and~~	1654
4503.92, and 4503.94 of the Revised Code.	1655

(B) The registrar shall pay the contributions the registrar	1656
collects in the fund as follows:	1657

The registrar shall pay the contributions received pursuant	1658
to section 4503.491 of the Revised Code to the breast cancer fund	1659
of Ohio, which shall use that money only to pay for programs that	1660
provide assistance and education to Ohio breast cancer patients	1661
and that improve access for such patients to quality health care	1662
and clinical trials and shall not use any of the money for	1663
abortion information, counseling, services, or other	1664
abortion-related activities.	1665

The registrar shall pay the contributions received pursuant	1666
to section 4503.493 of the Revised Code to the autism society of	1667
Ohio, which shall use the contributions for programs and autism	1668
awareness efforts throughout the state.	1669

The registrar shall pay the contributions the registrar	1670
receives pursuant to section 4503.494 of the Revised Code to the	1671
national multiple sclerosis society for distribution in equal	1672
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	1673
chapters of the national multiple sclerosis society. These	1674
chapters shall use the money they receive under this section to	1675
assist in paying the expenses they incur in providing services	1676
directly to their clients.	1677

The registrar shall pay the contributions the registrar	1678
receives pursuant to section 4503.496 of the Revised Code to the	1679
Ohio sickle cell and health association, which shall use the	1680
contributions to help support educational, clinical, and social	1681
support services for adults who have sickle cell disease.	1682

The registrar shall pay the contributions the registrar	1683
receives pursuant to section 4503.498 of the Revised Code to	1684
special olympics Ohio, inc., which shall use the contributions for	1685
its programs, charitable efforts, and other activities.	1686

The registrar shall pay the contributions the registrar	1687
receives pursuant to section 4503.499 of the Revised Code to the	1688
children's glioma cancer foundation, which shall use the	1689
contributions for its research and other programs.	1690

The registrar shall pay the contributions the registrar	1691
receives pursuant to section 4503.50 of the Revised Code to the	1692
future farmers of America foundation, which shall deposit the	1693
contributions into its general account to be used for educational	1694
and scholarship purposes of the future farmers of America	1695
foundation.	1696

The registrar shall pay the contributions the registrar	1697
receives pursuant to section 4503.501 of the Revised Code to the	1698
4-H youth development program of the Ohio state university	1699
extension program, which shall use those contributions to pay the	1700
expenses it incurs in conducting its educational activities.	1701

The registrar shall pay the contributions received pursuant	1702
to section 4503.502 of the Revised Code to the Ohio cattlemen's	1703
foundation, which shall use those contributions for scholarships	1704
and other educational activities.	1705

The registrar shall pay the contributions received pursuant	1706
to section 4503.505 of the Revised Code to the organization Ohio	1707
region phi theta kappa, which shall use those contributions for	1708
scholarships for students who are members of that organization.	1709

The registrar shall pay each contribution the registrar	1710
receives pursuant to section 4503.51 of the Revised Code to the	1711
university or college whose name or marking or design appears on	1712
collegiate license plates that are issued to a person under that	1713
section. A university or college that receives contributions from	1714
the fund shall deposit the contributions into its general	1715
scholarship fund.	1716

The registrar shall pay the contributions the registrar	1717
receives pursuant to section 4503.522 of the Revised Code to the	1718
"friends of Perry's victory and international peace memorial,	1719
incorporated," a nonprofit corporation organized under the laws of	1720
this state, to assist that organization in paying the expenses it	1721
incurs in sponsoring or holding charitable, educational, and	1722
cultural events at the monument.	1723

The registrar shall pay the contributions the registrar	1724
receives pursuant to section 4503.523 of the Revised Code to the	1725
fairport lights foundation, which shall use the money to pay for	1726
the restoration, maintenance, and preservation of the lighthouses	1727
of fairport harbor.	1728

The registrar shall pay the contributions the registrar	1729
receives pursuant to section 4503.531 of the Revised Code to the	1730
thank you foundation, incorporated, a nonprofit corporation	1731
organized under the laws of this state, to assist that	1732
organization in paying for the charitable activities and programs	1733
it sponsors in support of United States military personnel,	1734
veterans, and their families.	1735

The registrar shall pay the contributions the registrar	1736
receives pursuant to section 4503.55 of the Revised Code to the	1737
pro football hall of fame, which shall deposit the contributions	1738
into a special bank account that it establishes and which shall be	1739
separate and distinct from any other account the pro football hall	1740
of fame maintains, to be used exclusively for the purpose of	1741
promoting the pro football hall of fame as a travel destination.	1742

The registrar shall pay the contributions that are paid to	1743
the registrar pursuant to section 4503.545 of the Revised Code to	1744
the national rifle association foundation, which shall use the	1745
money to pay the costs of the educational activities and programs	1746
the foundation holds or sponsors in this state.	1747

The registrar shall pay to the Ohio pet fund the	1748
contributions the registrar receives pursuant to section 4503.551	1749
of the Revised Code and any other money from any other source,	1750
including donations, gifts, and grants, that is designated by the	1751
source to be paid to the Ohio pet fund. The Ohio pet fund shall	1752
use the moneys it receives under this section to support programs	1753
for the sterilization of dogs and cats and for educational	1754
programs concerning the proper veterinary care of those animals,	1755
and for expenses of the Ohio pet fund that are reasonably	1756
necessary for it to obtain and maintain its tax-exempt status and	1757
to perform its duties.	1758

The registrar shall pay the contributions the registrar	1759
receives pursuant to section 4503.552 of the Revised Code to the	1760
rock and roll hall of fame and museum, incorporated.	1761

The registrar shall pay the contributions the registrar	1762
receives pursuant to section 4503.553 of the Revised Code to the	1763
Ohio coalition for animals, incorporated, a nonprofit corporation.	1764
Except as provided in division (B) of this section, the coalition	1765
shall distribute the money to its members, and the members shall	1766
use the money only to pay for educational, charitable, and other	1767
programs of each coalition member that provide care for unwanted,	1768
abused, and neglected horses. The Ohio coalition for animals may	1769
use a portion of the money to pay for reasonable marketing costs	1770
incurred in the design and promotion of the license plate and for	1771
administrative costs incurred in the disbursement and management	1772
of funds received under this section.	1773

The registrar shall pay the contributions the registrar	1774
receives pursuant to section 4503.561 of the Revised Code to the	1775
state of Ohio chapter of ducks unlimited, inc., which shall	1776
deposit the contributions into a special bank account that it	1777
establishes. The special bank account shall be separate and	1778
distinct from any other account the state of Ohio chapter of ducks	1779
unlimited, inc., maintains and shall be used exclusively for the	1780
purpose of protecting, enhancing, restoring, and managing wetlands	1781
and conserving wildlife habitat. The state of Ohio chapter of	1782
ducks unlimited, inc., annually shall notify the registrar in	1783
writing of the name, address, and account to which such payments	1784
are to be made.	1785

The registrar shall pay the contributions the registrar	1786
receives pursuant to section 4503.562 of the Revised Code to the	1787
Mahoning river consortium, which shall use the money to pay the	1788
expenses it incurs in restoring and maintaining the Mahoning river	1789
watershed.	1790

The registrar shall pay the contributions the registrar	1791
receives pursuant to section 4503.564 of the Revised Code to	1792
Antioch college for the use of the Glen Helen ecology institute to	1793
pay expenses related to the Glen Helen nature preserve.	1794

The registrar shall pay to a sports commission created	1795
pursuant to section 4503.591 of the Revised Code each contribution	1796
the registrar receives under that section that an applicant pays	1797
to obtain license plates that bear the logo of a professional	1798
sports team located in the county of that sports commission and	1799
that is participating in the license plate program pursuant to	1800
division (E) of that section, irrespective of the county of	1801
residence of an applicant.	1802

The registrar shall pay to a community charity each	1803
contribution the registrar receives under section 4503.591 of the	1804
Revised Code that an applicant pays to obtain license plates that	1805
bear the logo of a professional sports team that is participating	1806
in the license plate program pursuant to division (G) of that	1807
section.	1808

The registrar shall pay the contributions the registrar	1809
receives pursuant to section 4503.67 of the Revised Code to the	1810
Dan Beard council of the boy scouts of America. The council shall	1811
distribute all contributions in an equitable manner throughout the	1812
state to regional councils of the boy scouts.	1813

The registrar shall pay the contributions the registrar	1814
receives pursuant to section 4503.68 of the Revised Code to the	1815
great river council of the girl scouts of the United States of	1816
America. The council shall distribute all contributions in an	1817
equitable manner throughout the state to regional councils of the	1818
girl scouts.	1819

The registrar shall pay the contributions the registrar	1820
receives pursuant to section 4503.69 of the Revised Code to the	1821
Dan Beard council of the boy scouts of America. The council shall	1822
distribute all contributions in an equitable manner throughout the	1823
state to regional councils of the boy scouts.	1824

The registrar shall pay the contributions the registrar	1825
receives pursuant to section 4503.701 of the Revised Code to the	1826
Prince Hall grand lodge of free and accepted masons of Ohio, which	1827
shall use the contributions for scholarship purposes.	1828

The registrar shall pay the contributions the registrar	1829
receives pursuant to section 4503.71 of the Revised Code to the	1830
fraternal order of police of Ohio, incorporated, which shall	1831
deposit the fees into its general account to be used for purposes	1832
of the fraternal order of police of Ohio, incorporated.	1833

The registrar shall pay the contributions the registrar	1834
receives pursuant to section 4503.711 of the Revised Code to the	1835
fraternal order of police of Ohio, incorporated, which shall	1836
deposit the contributions into an account that it creates to be	1837
used for the purpose of advancing and protecting the law	1838
enforcement profession, promoting improved law enforcement	1839
methods, and teaching respect for law and order.	1840

The registrar shall pay the contributions received pursuant	1841
to section 4503.712 of the Revised Code to Ohio concerns of police	1842
survivors, which shall use those contributions to provide whatever	1843
assistance may be appropriate to the families of Ohio law	1844
enforcement officers who are killed in the line of duty.	1845

The registrar shall pay the contributions the registrar	1846
receives pursuant to section 4503.72 of the Revised Code to the	1847
organization known on March 31, 2003, as the Ohio CASA/GAL	1848
association, a private, nonprofit corporation organized under	1849
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	1850
shall use these contributions to pay the expenses it incurs in	1851
administering a program to secure the proper representation in the	1852
courts of this state of abused, neglected, and dependent children,	1853
and for the training and supervision of persons participating in	1854
that program.	1855

The registrar shall pay the contributions the registrar	1856
receives pursuant to section 4503.73 of the Revised Code to Wright	1857
B. Flyer, incorporated, which shall deposit the contributions into	1858
its general account to be used for purposes of Wright B. Flyer,	1859
incorporated.	1860

The registrar shall pay the contributions the registrar	1861
receives pursuant to section 4503.74 of the Revised Code to the	1862
Columbus zoological park association, which shall disburse the	1863
moneys to Ohio's major metropolitan zoos, as defined in section	1864
4503.74 of the Revised Code, in accordance with a written	1865
agreement entered into by the major metropolitan zoos.	1866

The registrar shall pay the contributions the registrar	1867
receives pursuant to section 4503.75 of the Revised Code to the	1868
rotary foundation, located on March 31, 2003, in Evanston,	1869
Illinois, to be placed in a fund known as the permanent fund and	1870
used to endow educational and humanitarian programs of the rotary	1871
foundation.	1872

The registrar shall pay the contributions the registrar	1873
receives pursuant to section 4503.751 of the Revised Code to the	1874
Ohio association of realtors, which shall deposit the	1875
contributions into a property disaster relief fund maintained	1876
under the Ohio realtors charitable and education foundation.	1877

The registrar shall pay the contributions the registrar	1878
receives pursuant to section 4503.85 of the Revised Code to the	1879
Ohio sea grant college program to be used for Lake Erie area	1880
research projects.	1881

The registrar shall pay the contributions the registrar	1882
receives pursuant to section 4503.89 of the Revised Code to the	1883
American red cross of greater Columbus on behalf of the Ohio	1884
chapters of the American red cross, which shall use the	1885
contributions for disaster readiness, preparedness, and response	1886
programs on a statewide basis.	1887

The registrar shall pay the contributions received pursuant	1888
to section 4503.92 of the Revised Code to support our troops,	1889
incorporated, a national nonprofit corporation, which shall use	1890
those contributions in accordance with its articles of	1891
incorporation and for the benefit of servicemembers of the armed	1892
forces of the United States and their families when they are in	1893
financial need.	1894

The registrar shall pay the contributions the registrar	1895
receives pursuant to section 4503.94 of the Revised Code to the	1896
Michelle's leading star foundation, which shall use the money	1897
solely to fund the rental, lease, or purchase of the simulated	1898
driving curriculum of the Michelle's leading star foundation by	1899
boards of education of city, exempted village, local, and joint	1900
vocational school districts.	1901

(C) All investment earnings of the license plate contribution	1902
fund shall be credited to the fund. Not later than the first day	1903
of May of every year, the registrar shall distribute to each	1904
entity described in division (B) of this section the investment	1905
income the fund earned the previous calendar year. The amount of	1906
such a distribution paid to an entity shall be proportionate to	1907
the amount of money the entity received from the fund during the	1908
previous calendar year.	1909

Sec. 4501.81. (A) The bureau of motor vehicles shall	1910
establish a database of the next of kin of persons who are issued	1911
~~and~~ driver's licenses, commercial driver's licenses, temporary	1912
instruction permits, motorcycle operator's licenses and	1913
endorsements, and identification cards. Information in the	1914
database shall be accessible only to employees of the bureau and	1915
to criminal justice agencies and is not a public record for	1916
purposes of section 149.43 of the Revised Code.	1917

(B) AnWhen an individual ~~holding a valid Ohio~~submits an	1918
application to the registrar of motor vehicles or a deputy	1919
registrar for a driver's license, commercial driver's license,	1920
temporary instruction permit, motorcycle operator's license or	1921
endorsement, or identification card, or renewal of any of them,	1922
the individual shall be ~~afforded the opportunity to~~furnished with	1923
a next of kin information form on which the individual may list	1924
the name, address, telephone number, and relationship to the	1925
individual of at least one contact person whom the individual	1926
wishes to be contacted if the individual is involved in a motor	1927
vehicle accident or emergency situation and the individual dies or	1928
is seriously injured or rendered unconscious and is unable to	1929
communicate with the contact person. The contact person may or may	1930
not be the next of kin of the applicant, except that if the	1931
applicant is under eighteen years of age and is not emancipated,	1932
the contact person shall include the parent, guardian, or	1933
custodian of the applicant.	1934

The form described in this division shall inform the	1935
individual that, after completing the form, the individual may	1936
return the form to the registrar or any deputy registrar, each of	1937
whom shall accept the form from the individual without payment of	1938
any fee. The form also shall contain the mailing address of the	1939
bureau, to which the individual may mail the completed form, and	1940
also instructions whereby the individual may furnish the	1941
information described in this division to the registrar through	1942
use of the internet.	1943

(C) The bureau, in accordance with Chapter 119. of the	1944
Revised Code, shall adopt rules to implement this section. The	1945
rules shall address ~~both~~all of the following:	1946

(1) The methods whereby a person who has submitted the name	1947
of a contact person for inclusion in the database may make changes	1948
to that entry;	1949

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

1950

(3) Any other aspect of the database or its operation that	1951
the registrar ~~of motor vehicles~~ determines is necessary in order	1952
to implement this section.	1953

(D) In the event of a motor vehicle accident or emergency	1954
situation in which a person dies or is seriously injured or	1955
rendered unconscious and is unable to communicate with the contact	1956
person specified in the database, an employee of a criminal	1957
justice agency shall make a good faith effort to notify the	1958
contact person of the situation, but neither the bureau ~~of motor~~	1959
~~vehicles~~ nor the employee nor the criminal justice agency that	1960
employs that employee incurs any liability if the employee is not	1961
able to make contact with the contact person.	1962

Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may	1963
designate the county auditor in each county a deputy registrar. If	1964
the population of a county is forty thousand or less according to	1965
the last federal census and if the county auditor is designated by	1966
the registrar as a deputy registrar, no other person need be	1967
designated in the county to act as a deputy registrar.	1968

(b) The registrar may designate a clerk of a court of common	1969
pleas as a deputy registrar if the population of the county is	1970
forty thousand or less according to the last federal census. In a	1971
county with a population greater than forty thousand but not more	1972
than fifty thousand according to the last federal census, the	1973
clerk of a court of common pleas is eligible to act as a deputy	1974
registrar and may participate in the competitive selection process	1975
for the award of a deputy registrar contract by applying in the	1976
same manner as any other person. All fees collected and retained	1977
by a clerk for conducting deputy registrar services shall be paid	1978
into the county treasury to the credit of the certificate of title	1979
administration fund created under section 325.33 of the Revised	1980
Code.	1981

(c) In all other instances, the registrar shall contract with	1982
one or more other persons in each county to act as deputy	1983
registrars. Notwithstanding the county population restrictions in	1984
division (A)(1)(b) of this section, if no person applies to act	1985
under contract as a deputy registrar in a county and the county	1986
auditor is not designated as a deputy registrar, the registrar may	1987
ask the clerk of a court of common pleas to serve as the deputy	1988
registrar for that county.	1989

(2) Deputy registrars shall accept applications for the	1990
annual license tax for any vehicle not taxed under section 4503.63	1991
of the Revised Code and shall assign distinctive numbers in the	1992
same manner as the registrar. Such deputies shall be located in	1993
such locations in the county as the registrar sees fit. There	1994
shall be at least one deputy registrar in each county.	1995

Deputy registrar contracts are subject to the provisions of	1996
division (B) of section 125.081 of the Revised Code.	1997

(B) The registrar shall not contract with any person to act	1998
as a deputy registrar if the person or, where applicable, the	1999
person's spouse or a member of the person's immediate family has	2000
made, within the current calendar year or any one of the previous	2001
three calendar years, one or more contributions totaling in excess	2002
of one hundred dollars to any person or entity included in	2003
division (A)(2) of section 4503.033 of the Revised Code. As used	2004
in this division, "immediate family" has the same meaning as in	2005
division (D) of section 102.01 of the Revised Code, and "entity"	2006
includes any political party and any "continuing association" as	2007
defined in division (B)(4) of section 3517.01 of the Revised Code	2008
or "political action committee" as defined in division (B)(8) of	2009
that section that is primarily associated with that political	2010
party. For purposes of this division, contributions to any	2011
continuing association or any political action committee that is	2012
primarily associated with a political party shall be aggregated	2013
with contributions to that political party.	2014

The contribution limitations contained in this division do	2015
not apply to any county auditor or clerk of a court of common	2016
pleas. A county auditor or clerk of a court of common pleas is not	2017
required to file the disclosure statement or pay the filing fee	2018
required under section 4503.033 of the Revised Code. The	2019
limitations of this division also do not apply to a deputy	2020
registrar who, subsequent to being awarded a deputy registrar	2021
contract, is elected to an office of a political subdivision.	2022

The registrar shall not contract with either of the following	2023
to act as a deputy registrar:	2024

(1) Any elected public official other than a county auditor	2025
or, as authorized by division (A)(1)(b) of this section, a clerk	2026
of a court of common pleas, acting in an official capacity, except	2027
that, the registrar shall continue and may renew a contract with	2028
any deputy registrar who, subsequent to being awarded a deputy	2029
registrar contract, is elected to an office of a political	2030
subdivision;	2031

(2) Any person holding a current, valid contract to conduct	2032
motor vehicle inspections under section 3704.14 of the Revised	2033
Code.	2034

As used in division (B) of this section "political	2035
subdivision" has the same meaning as in section 3501.01 of the	2036
Revised Code.	2037

(C)(1) Except as provided in division (C)(2) of this section,	2038
deputy registrars are independent contractors and neither they nor	2039
their employees are employees of this state, except that nothing	2040
in this section shall affect the status of county auditors or	2041
clerks of courts of common pleas as public officials, nor the	2042
status of their employees as employees of any of the counties of	2043
this state, which are political subdivisions of this state. Each	2044
deputy registrar shall be responsible for the payment of all	2045
unemployment compensation premiums, all workers' compensation	2046
premiums, social security contributions, and any and all taxes for	2047
which the deputy registrar is legally responsible. Each deputy	2048
registrar shall comply with all applicable federal, state, and	2049
local laws requiring the withholding of income taxes or other	2050
taxes from the compensation of the deputy registrar's employees.	2051
Each deputy registrar shall maintain during the entire term of the	2052
deputy registrar's contract a policy of business liability	2053
insurance satisfactory to the registrar and shall hold the	2054
department of public safety, the director of public safety, the	2055
bureau of motor vehicles, and the registrar harmless upon any and	2056
all claims for damages arising out of the operation of the deputy	2057
registrar agency.	2058

(2) For purposes of Chapter 4141. of the Revised Code,	2059
determinations concerning the employment of deputy registrars and	2060
their employees shall be made under Chapter 4141. of the Revised	2061
Code.	2062

(D)(1) With the approval of the director, the registrar shall	2063
adopt rules governing the terms of the contract between the	2064
registrar and each deputy registrar and specifications for the	2065
services to be performed. The rules shall include specifications	2066
relating to the amount of bond to be given as provided in this	2067
section; the size and location of the deputy's office; and the	2068
leasing of equipment necessary to conduct the vision screenings	2069
required under section 4507.12 of the Revised Code and training in	2070
the use of the equipment. The specifications shall permit and	2071
encourage every deputy registrar to inform the public of the	2072
location of the deputy registrar's office and hours of operation	2073
by means of public service announcements and allow any deputy	2074
registrar to advertise in regard to the operation of the deputy	2075
registrar's office. The rules also shall include specifications	2076
for the hours the deputy's office is to be open to the public and	2077
shall require as a minimum that one deputy's office in each county	2078
be open to the public for at least four hours each weekend,	2079
provided that if only one deputy's office is located within the	2080
boundary of the county seat, that office is the office that shall	2081
be open for the four-hour period each weekend, and that every	2082
deputy's office in each county shall be open to the public until	2083
six-thirty p.m. on at least one weeknight each week. The rules	2084
also shall include specifications providing that every deputy in	2085
each county, upon request, provide any person with information	2086
about the location and office hours of all deputy registrars in	2087
the county and that every deputy prominently display within the	2088
deputy's office, the toll-free telephone number of the bureau. The	2089
rules shall not prohibit the award of a deputy registrar contract	2090
to a nonprofit corporation formed under the laws of this state.	2091
The rules shall prohibit any deputy registrar from operating more	2092
than one such office at any time, except that the rules may permit	2093
a nonprofit corporation formed for the purposes of providing	2094
automobile-related services to its members or the public and that	2095
provides such services from more than one location in this state	2096
to operate a deputy registrar office at any such location,	2097
provided that the nonprofit corporation operates no more than one	2098
deputy registrar office in any one county. The rules may include	2099
such other specifications as the registrar and director consider	2100
necessary to provide a high level of service.	2101

The rules shall establish procedures for a deputy registrar	2102
who requests such authority to collect reinstatement fees under	2103
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,	2104
4510.72, and 4511.191 of the Revised Code and to transmit the	2105
reinstatement fees and two dollars of the service fee collected	2106
under those sections. The registrar shall ensure that, not later	2107
than January 1, 2012, at least one deputy registrar in each county	2108
has the necessary equipment and is able to accept reinstatement	2109
fees. The registrar shall deposit the service fees received from a	2110
deputy registrar under those sections into the state bureau of	2111
motor vehicles fund created in section 4501.25 of the Revised Code	2112
and shall use the money for deputy registrar equipment necessary	2113
in connection with accepting reinstatement fees.	2114

(2) As a daily adjustment, the bureau of motor vehicles shall	2115
credit to a deputy registrar three dollars and fifty cents for	2116
each damaged license plate or validation sticker the deputy	2117
registrar replaces as a service to a member of the public.	2118

(3) With the prior approval of the registrar, each deputy	2119
registrar may conduct at the location of the deputy registrar's	2120
office any business that is consistent with the functions of a	2121
deputy registrar and that is not specifically mandated or	2122
authorized by this or another chapter of the Revised Code or by	2123
implementing rules of the registrar.	2124

In accordance with guidelines the director of public safety	2125
shall establish, a deputy registrar may operate or contract for	2126
the operation of a vending machine at a deputy registrar location	2127
if products of the vending machine are consistent with the	2128
functions of a deputy registrar.	2129

~~(3)~~(4) As used in this section and in section 4507.01 of the	2130
Revised Code, "nonprofit corporation" has the same meaning as in	2131
section 1702.01 of the Revised Code.	2132

(E) Unless otherwise terminated and except for interim	2133
contracts of less than one year, contracts with deputy registrars	2134
shall be for a term of at least two years, but no more than three	2135
years, and all contracts effective on or after July 1, 1996, shall	2136
be for a term of more than two years, but not more than three	2137
years. All contracts with deputy registrars shall expire on the	2138
last Saturday of June in the year of their expiration. The auditor	2139
of state may examine the accounts, reports, systems, and other	2140
data of each deputy registrar at least every two years. The	2141
registrar, with the approval of the director, shall immediately	2142
remove a deputy who violates any provision of the Revised Code	2143
related to the duties as a deputy, any rule adopted by the	2144
registrar, or a term of the deputy's contract with the registrar.	2145
The registrar also may remove a deputy who, in the opinion of the	2146
registrar, has engaged in any conduct that is either unbecoming to	2147
one representing this state or is inconsistent with the efficient	2148
operation of the deputy's office.	2149

If the registrar, with the approval of the director,	2150
determines that there is good cause to believe that a deputy	2151
registrar or a person proposing for a deputy registrar contract	2152
has engaged in any conduct that would require the denial or	2153
termination of the deputy registrar contract, the registrar may	2154
require the production of books, records, and papers as the	2155
registrar determines are necessary, and may take the depositions	2156
of witnesses residing within or outside the state in the same	2157
manner as is prescribed by law for the taking of depositions in	2158
civil actions in the court of common pleas, and for that purpose	2159
the registrar may issue a subpoena for any witness or a subpoena	2160
duces tecum to compel the production of any books, records, or	2161
papers, directed to the sheriff of the county where the witness	2162
resides or is found. Such a subpoena shall be served and returned	2163
in the same manner as a subpoena in a criminal case is served and	2164
returned. The fees of the sheriff shall be the same as that	2165
allowed in the court of common pleas in criminal cases. Witnesses	2166
shall be paid the fees and mileage provided for under section	2167
119.094 of the Revised Code. The fees and mileage shall be paid	2168
from the fund in the state treasury for the use of the agency in	2169
the same manner as other expenses of the agency are paid.	2170

In any case of disobedience or neglect of any subpoena served	2171
on any person or the refusal of any witness to testify to any	2172
matter regarding which the witness lawfully may be interrogated,	2173
the court of common pleas of any county where the disobedience,	2174
neglect, or refusal occurs or any judge of that court, on	2175
application by the registrar, shall compel obedience by attachment	2176
proceedings for contempt, as in the case of disobedience of the	2177
requirements of a subpoena issued from that court, or a refusal to	2178
testify in that court.	2179

Nothing in this division shall be construed to require a	2180
hearing of any nature prior to the termination of any deputy	2181
registrar contract by the registrar, with the approval of the	2182
director, for cause.	2183

(F) Except as provided in section 2743.03 of the Revised	2184
Code, no court, other than the court of common pleas of Franklin	2185
county, has jurisdiction of any action against the department of	2186
public safety, the director, the bureau, or the registrar to	2187
restrain the exercise of any power or authority, or to entertain	2188
any action for declaratory judgment, in the selection and	2189
appointment of, or contracting with, deputy registrars. Neither	2190
the department, the director, the bureau, nor the registrar is	2191
liable in any action at law for damages sustained by any person	2192
because of any acts of the department, the director, the bureau,	2193
or the registrar, or of any employee of the department or bureau,	2194
in the performance of official duties in the selection and	2195
appointment of, and contracting with, deputy registrars.	2196

(G) The registrar shall assign to each deputy registrar a	2197
series of numbers sufficient to supply the demand at all times in	2198
the area the deputy registrar serves, and the registrar shall keep	2199
a record in the registrar's office of the numbers within the	2200
series assigned. Each deputy shall be required to give bond in the	2201
amount of at least twenty-five thousand dollars, or in such higher	2202
amount as the registrar determines necessary, based on a uniform	2203
schedule of bond amounts established by the registrar and	2204
determined by the volume of registrations handled by the deputy.	2205
The form of the bond shall be prescribed by the registrar. The	2206
bonds required of deputy registrars, in the discretion of the	2207
registrar, may be individual or schedule bonds or may be included	2208
in any blanket bond coverage carried by the department.	2209

(H) Each deputy registrar shall keep a file of each	2210
application received by the deputy and shall register that motor	2211
vehicle with the name and address of its owner.	2212

(I) Upon request, a deputy registrar shall make the physical	2213
inspection of a motor vehicle and issue the physical inspection	2214
certificate required in section 4505.061 of the Revised Code.	2215

(J) Each deputy registrar shall file a report semi-annually	2216
with the registrar of motor vehicles listing the number of	2217
applicants for licenses the deputy has served, the number of voter	2218
registration applications the deputy has completed and transmitted	2219
to the board of elections, and the number of voter registration	2220
applications declined.	2221

Sec. 4503.031. (A)(1) If the registrar determines that space	2222
is available at a deputy registrar's office, the clerk of the	2223
court of common pleas in the county where the deputy is located	2224
shall be given the opportunity to use the space for the purpose of	2225
carrying out ~~his~~the clerk's duties related to the titling of	2226
motor vehicles. Each clerk of the court of common pleas using	2227
space in a deputy registrar's office shall remit to the deputy a	2228
rental fee equal to the percentage of space occupied by the clerk	2229
in the deputy's office multiplied by the rental fee or mortgage	2230
cost paid for the entire deputy registrar's office plus a pro rata	2231
share of all utility costs.	2232

(2) If the clerk of the court of common pleas determines that	2233
space is available at any location at which the clerk has an	2234
office, the clerk shall inform the registrar of that fact and	2235
shall provide the registrar with all pertinent information about	2236
the available space. After giving due consideration to the	2237
locations of deputy registrar offices existing in the county in	2238
which the clerk of the court of common pleas is located, the	2239
registrar shall inform the appropriate deputy registrars, if any,	2240
of the available space of the clerk of the court of common pleas.	2241
Each such deputy registrar shall be given the opportunity to use	2242
the space for the purpose of carrying out the deputy registrar's	2243
duties. Each deputy registrar using space in the office of the	2244
clerk of a court of common pleas shall remit to the clerk a rental	2245
fee equal to the percentage of space occupied by the deputy	2246
registrar in the clerk's office multiplied by the rental fee or	2247
mortgage cost, if any, paid for the entire clerk's office plus a	2248
pro rata share of all utility costs.	2249

If no current deputy registrar elects to utilize the	2250
available space of the clerk of the court of common pleas, the	2251
registrar shall inform all persons who express an interest to the	2252
registrar in becoming a deputy registrar in that county of the	2253
available space of the clerk if the space in fact continues to be	2254
available.	2255

(3) A clerk of the court of common pleas and a deputy	2256
registrar may elect to occupy a location at which neither the	2257
clerk nor the deputy currently is an occupant. Any such	2258
arrangement is subject to the approval of the registrar, who shall	2259
give due consideration to all issues and aspects of the proposed	2260
arrangement, including security at the location and service to the	2261
public.	2262

(B) The registrar and the superintendent of the state highway	2263
patrol shall cooperate to the fullest extent possible in locating	2264
a driver's license examination station at or near a deputy	2265
registrar's office. For each driver's license examination station	2266
located at a deputy registrar's office, the superintendent of the	2267
state highway patrol shall remit to the deputy a rental fee equal	2268
to the percentage of space occupied for the driver's license	2269
examination station multiplied by the rental fee or mortgage cost	2270
paid for the entire deputy registrar's office plus a pro rata	2271
share of all utility costs.	2272

(C) During the regular business hours of deputy registrars,	2273
the registrar shall keep the central office open and sufficiently	2274
staffed to be able to respond to the technical needs of the	2275
deputies.	2276

(D) The registrar shall adopt rules to promote public	2277
information regarding motor vehicle registration. The rules shall	2278
include:	2279

(1) The operation by the registrar, during the regular	2280
business hours of deputy registrars, of a toll-free telephone	2281
number to give information and receive complaints;	2282

(2) The listing by the registrar, of each deputy registrar,	2283
together with the toll-free telephone number required under	2284
division (D)(1) of this section, in the local business and	2285
advertising telephone directory for the area served by the deputy,	2286
under the heading of the bureau of motor vehicles.	2287

Sec. 4503.037. (A) To promote the efficient use of	2288
governmental resources, including staff and facilities, and to	2289
improve service to the public, a county auditor who is designated	2290
to act as a deputy registrar and the clerk of the court of common	2291
pleas from the same county, subject to approval by the board of	2292
county commissioners and by the registrar of motor vehicles, may	2293
enter into a memorandum of understanding to allocate motor	2294
vehicle-related duties between the auditor and clerk. The board of	2295
county commissioners shall act by resolution in approving or	2296
rejecting a memorandum. The registrar shall approve or reject a	2297
memorandum in writing.	2298

(B) A memorandum of understanding may allocate the	2299
performance of motor vehicle-related duties only to the extent	2300
that the auditor acting as a deputy registrar or the clerk	2301
otherwise is authorized by law to perform such duties, and except	2302
as provided in this section, the performance of motor	2303
vehicle-related duties under a memorandum of understanding shall	2304
be in accordance with all applicable laws.	2305

A memorandum may allocate motor vehicle-related duties	2306
without regard to whether the duty is allocated by law to a deputy	2307
registrar or a clerk, and the performance of motor-vehicle related	2308
duties by either an auditor or clerk under this section is deemed	2309
sufficient to satisfy laws specifying that a deputy registrar or	2310
clerk perform the duty. A memorandum may allocate any fees that	2311
are retained by a deputy registrar or clerk by law.	2312

(C) For purposes of this section, "motor vehicle-related	2313
duties" means all deputy registrar duties and certificate of title	2314
duties under Chapters 1548., 4505., and 4519. of the Revised Code.	2315

Sec. 4503.04. Except as provided in sections 4503.042 and	2316
4503.65 of the Revised Code for the registration of commercial	2317
cars, trailers, semitrailers, and certain buses, the rates of the	2318
taxes imposed by section 4503.02 of the Revised Code shall be as	2319
follows:	2320

(A) For motor vehicles having three wheels or less, the	2321
license tax is:	2322

(1) For each motorized bicycle, ten dollars;

2323

(2) For each motorcycle, fourteen dollars.

2324

(B) For each passenger car, twenty dollars;

2325

(C) For each manufactured home, each mobile home, and each	2326
travel trailer, ten dollars;	2327

(D) For each noncommercial motor vehicle designed by the	2328
manufacturer to carry a load of no more than three-quarters of one	2329
ton and for each motor home, thirty-five dollars; for each	2330
noncommercial motor vehicle designed by the manufacturer to carry	2331
a load of more than three-quarters of one ton, but not more than	2332
one ton, seventy dollars;	2333

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

2334

(1) Eighty-five cents for each one hundred pounds or part	2335
thereof for the first two thousand pounds or part thereof of	2336
weight of vehicle fully equipped;	2337

(2) One dollar and forty cents for each one hundred pounds or	2338
part thereof in excess of two thousand pounds up to and including	2339
~~three~~ten thousand pounds.	2340

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

2341

(1) Vehicle equipped, owned, and used by a charitable or	2342
nonprofit corporation exclusively for the purpose of administering	2343
chest x-rays or receiving blood donations;	2344

(2) Van used principally for the transportation of	2345
handicapped persons that has been modified by being equipped with	2346
adaptive equipment to facilitate the movement of such persons into	2347
and out of the van;	2348

(3) Bus used principally for the transportation of	2349
handicapped persons or persons sixty-five years of age or older;.	2350

(G) Notwithstanding its weight, twenty dollars for any bus	2351
used principally for the transportation of persons in a	2352
ridesharing arrangement.	2353

(H) For each transit bus having motor power the license tax	2354
is twelve dollars.	2355

"Transit bus" means either a motor vehicle having a seating	2356
capacity of more than seven persons which is operated and used by	2357
any person in the rendition of a public mass transportation	2358
service primarily in a municipal corporation or municipal	2359
corporations and provided at least seventy-five per cent of the	2360
annual mileage of such service and use is within such municipal	2361
corporation or municipal corporations or a motor vehicle having a	2362
seating capacity of more than seven persons which is operated	2363
solely for the transportation of persons associated with a	2364
charitable or nonprofit corporation, but does not mean any motor	2365
vehicle having a seating capacity of more than seven persons when	2366
such vehicle is used in a ridesharing capacity or any bus	2367
described by division (F)(3) of this section.	2368

The application for registration of such transit bus shall be	2369
accompanied by an affidavit prescribed by the registrar of motor	2370
vehicles and signed by the person or an agent of the firm or	2371
corporation operating such bus stating that the bus has a seating	2372
capacity of more than seven persons, and that it is either to be	2373
operated and used in the rendition of a public mass transportation	2374
service and that at least seventy-five per cent of the annual	2375
mileage of such operation and use shall be within one or more	2376
municipal corporations or that it is to be operated solely for the	2377
transportation of persons associated with a charitable or	2378
nonprofit corporation.	2379

The form of the license plate, and the manner of its	2380
attachment to the vehicle, shall be prescribed by the registrar of	2381
motor vehicles.	2382

(I) The minimum tax for any vehicle having motor power other	2383
than a farm truck, a motorized bicycle, or motorcycle is ten	2384
dollars and eighty cents, and for each noncommercial trailer, five	2385
dollars.	2386

(J)(1) Except as otherwise provided in division (J) of this	2387
section, for each farm truck, except a noncommercial motor	2388
vehicle, that is owned, controlled, or operated by one or more	2389
farmers exclusively in farm use as defined in this section, and	2390
not for commercial purposes, and provided that at least	2391
seventy-five per cent of such farm use is by or for the one or	2392
more owners, controllers, or operators of the farm in the	2393
operation of which a farm truck is used, the license tax is five	2394
dollars plus:	2395

(a) Fifty cents per one hundred pounds or part thereof for	2396
the first three thousand pounds;	2397

(b) Seventy cents per one hundred pounds or part thereof in	2398
excess of three thousand pounds up to and including four thousand	2399
pounds;	2400

(c) Ninety cents per one hundred pounds or part thereof in	2401
excess of four thousand pounds up to and including six thousand	2402
pounds;	2403

(d) Two dollars for each one hundred pounds or part thereof	2404
in excess of six thousand pounds up to and including ten thousand	2405
pounds;	2406

(e) Two dollars and twenty-five cents for each one hundred	2407
pounds or part thereof in excess of ten thousand pounds;	2408

(f) The minimum license tax for any farm truck shall be	2409
twelve dollars.	2410

(2) The owner of a farm truck may register the truck for a	2411
period of one-half year by paying one-half the registration tax	2412
imposed on the truck under this chapter and one-half the amount of	2413
any tax imposed on the truck under Chapter 4504. of the Revised	2414
Code.	2415

(3) A farm bus may be registered for a period of ninety days	2416
from the date of issue of the license plates for the bus, for a	2417
fee of ten dollars, provided such license plates shall not be	2418
issued for more than any two ninety-day periods in any calendar	2419
year. Such use does not include the operation of trucks by	2420
commercial processors of agricultural products.	2421

(4) License plates for farm trucks and for farm buses shall	2422
have some distinguishing marks, letters, colors, or other	2423
characteristics to be determined by the director of public safety.	2424

(5) Every person registering a farm truck or bus under this	2425
section shall furnish an affidavit certifying that the truck or	2426
bus licensed to that person is to be so used as to meet the	2427
requirements necessary for the farm truck or farm bus	2428
classification.	2429

Any farmer may use a truck owned by the farmer for commercial	2430
purposes by paying the difference between the commercial truck	2431
registration fee and the farm truck registration fee for the	2432
remaining part of the registration period for which the truck is	2433
registered. Such remainder shall be calculated from the beginning	2434
of the semiannual period in which application for such commercial	2435
license is made.	2436

Taxes at the rates provided in this section are in lieu of	2437
all taxes on or with respect to the ownership of such motor	2438
vehicles, except as provided in section 4503.042 and section	2439
4503.06 of the Revised Code.	2440

(K) Other than trucks registered under the international	2441
registration plan in another jurisdiction and for which this state	2442
has received an apportioned registration fee, the license tax for	2443
each truck which is owned, controlled, or operated by a	2444
nonresident, and licensed in another state, and which is used	2445
exclusively for the transportation of nonprocessed agricultural	2446
products intrastate, from the place of production to the place of	2447
processing, is twenty-four dollars.	2448

"Truck," as used in this division, means any pickup truck,	2449
straight truck, semitrailer, or trailer other than a travel	2450
trailer. Nonprocessed agricultural products, as used in this	2451
division, does not include livestock or grain.	2452

A license issued under this division shall be issued for a	2453
period of one hundred thirty days in the same manner in which all	2454
other licenses are issued under this section, provided that no	2455
truck shall be so licensed for more than one	2456
one-hundred-thirty-day period during any calendar year.	2457

The license issued pursuant to this division shall consist of	2458
a windshield decal to be designed by the director of public	2459
safety.	2460

Every person registering a truck under this division shall	2461
furnish an affidavit certifying that the truck licensed to the	2462
person is to be used exclusively for the purposes specified in	2463
this division.	2464

(L) Every person registering a motor vehicle as a	2465
noncommercial motor vehicle as defined in section 4501.01 of the	2466
Revised Code, or registering a trailer as a noncommercial trailer	2467
as defined in that section, shall furnish an affidavit certifying	2468
that the motor vehicle or trailer so licensed to the person is to	2469
be so used as to meet the requirements necessary for the	2470
noncommercial vehicle classification.	2471

(M) Every person registering a van or bus as provided in	2472
divisions (F)(2) and (3) of this section shall furnish a notarized	2473
statement certifying that the van or bus licensed to the person is	2474
to be used for the purposes specified in those divisions. The form	2475
of the license plate issued for such motor vehicles shall be	2476
prescribed by the registrar.	2477

(N) Every person registering as a passenger car a motor	2478
vehicle designed and used for carrying more than nine but not more	2479
than fifteen passengers, and every person registering a bus as	2480
provided in division (G) of this section, shall furnish an	2481
affidavit certifying that the vehicle so licensed to the person is	2482
to be used in a ridesharing arrangement and that the person will	2483
have in effect whenever the vehicle is used in a ridesharing	2484
arrangement a policy of liability insurance with respect to the	2485
motor vehicle in amounts and coverages no less than those required	2486
by section 4509.79 of the Revised Code. The form of the license	2487
plate issued for such a motor vehicle shall be prescribed by the	2488
registrar.	2489

(O)(1) Commencing on October 1, 2009, if an application for	2490
registration renewal is not applied for prior to the expiration	2491
date of the registration or within seven days after that date, the	2492
registrar or deputy registrar shall collect a fee of twenty	2493
dollars for the issuance of the vehicle registration~~, but~~. For any	2494
motor vehicle that is used on a seasonal basis, whether used for	2495
general transportation or not, and that has not been used on the	2496
public roads or highways since the expiration of the registration,	2497
the registrar or deputy registrar shall waive the fee established	2498
under this division if the application is accompanied by	2499
supporting evidence of seasonal use as the registrar may require.	2500
The registrar or deputy registrar may waive the fee for other good	2501
cause shown if the application is accompanied by supporting	2502
evidence as the registrar may require. The fee shall be in	2503
addition to all other fees established by this section. A deputy	2504
registrar shall retain fifty cents of the fee and shall transmit	2505
the remaining amount to the registrar at the time and in the	2506
manner provided by section 4503.10 of the Revised Code. The	2507
registrar shall deposit all moneys received under this division	2508
into the state highway safety fund established in section 4501.06	2509
of the Revised Code.	2510

(2) Division (O)(1) of this section does not apply to a farm	2511
truck or farm bus registered under division (J) of this section.	2512

(P) As used in this section:

2513

(1) "Van" means any motor vehicle having a single rear axle	2514
and an enclosed body without a second seat.	2515

(2) "Handicapped person" means any person who has lost the	2516
use of one or both legs, or one or both arms, or is blind, deaf,	2517
or so severely disabled as to be unable to move about without the	2518
aid of crutches or a wheelchair.	2519

(3) "Farm truck" means a truck used in the transportation	2520
from the farm of products of the farm, including livestock and its	2521
products, poultry and its products, floricultural and	2522
horticultural products, and in the transportation to the farm of	2523
supplies for the farm, including tile, fence, and every other	2524
thing or commodity used in agricultural, floricultural,	2525
horticultural, livestock, and poultry production and livestock,	2526
poultry, and other animals and things used for breeding, feeding,	2527
or other purposes connected with the operation of the farm.	2528

(4) "Farm bus" means a bus used only for the transportation	2529
of agricultural employees and used only in the transportation of	2530
such employees as are necessary in the operation of the farm.	2531

(5) "Farm supplies" includes fuel used exclusively in the	2532
operation of a farm, including one or more homes located on and	2533
used in the operation of one or more farms, and furniture and	2534
other things used in and around such homes.	2535

Sec. 4503.521. (A) The owner or lessee of any passenger car,	2536
noncommercial motor vehicle, recreational vehicle, or other	2537
vehicle of a class approved by the registrar of motor vehicles may	2538
apply to the registrar for the registration of the vehicle and	2539
issuance of "share the road" license plates. The application for	2540
"share the road" license plates may be combined with a request for	2541
a special reserved license plate under section 4503.40 or 4503.42	2542
of the Revised Code. Upon receipt of the completed application and	2543
compliance with division (B) of this section, the registrar shall	2544
issue to the applicant the appropriate vehicle registration and a	2545
set of "share the road" license plates with a validation sticker	2546
or a validation sticker alone when required by section 4503.191 of	2547
the Revised Code.	2548

In addition to the letters and numbers ordinarily inscribed	2549
on the license plates, "share the road" license plates shall be	2550
inscribed with the words "share the road" and markings designed by	2551
the organization known on ~~the effective date of this section~~March	2552
23, 2005, as the Ohio bicycle federation and approved by the	2553
registrar. "Share the road" license plates shall bear county	2554
identification stickers that identify the county of registration	2555
by name or number.	2556

(B) "Share the road" license plates and validation stickers	2557
shall be issued upon receipt of a contribution as provided in	2558
division (C) of this section and upon payment of the regular	2559
license tax as prescribed under section 4503.04 of the Revised	2560
Code, a fee of ten dollars for the purpose of compensating the	2561
bureau of motor vehicles for additional services required in the	2562
issuing of the "share the road" license plates, any applicable	2563
motor vehicle tax levied under Chapter 4504. of the Revised Code,	2564
any applicable additional fee prescribed by section 4503.40 or	2565
4503.42 of the Revised Code, and compliance with all other	2566
applicable laws relating to the registration of motor vehicles.	2567

(C) For each application for registration and registration	2568
renewal that the registrar receives under this section, the	2569
registrar shall collect a contribution of five dollars. The	2570
registrar shall transmit this contribution to the treasurer of	2571
state for deposit in the state highway safety fund created in	2572
section 4501.06 of the Revised Code to. The contribution may be	2573
used ~~only~~ to ~~publish~~create and distribute ~~a booklet that~~	2574
~~instructs~~ bicycle ~~riders on the methods and procedures of riding~~	2575
~~bicycles on the roads and streets of this state in a confident,~~	2576
~~legal, and safe manner~~safety education materials.	2577

The registrar shall deposit the additional fee of ten dollars	2578
specified in division (B) of this section that the applicant for	2579
registration pays for the purpose of compensating the bureau for	2580
the additional services required in the issuing of the applicant's	2581
"share the road" license plates in the state bureau of motor	2582
vehicles fund created in section 4501.25 of the Revised Code.	2583

Sec. 4503.564. (A) The owner or lessee of any passenger car,	2584
noncommercial motor vehicle, recreational vehicle, or other	2585
vehicle of a class approved by the registrar of motor vehicles may	2586
apply to the registrar for the registration of the vehicle and	2587
issuance of Glen Helen nature preserve license plates. The	2588
application for Glen Helen nature preserve license plates may be	2589
combined with a request for a special reserved license plate under	2590
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	2591
the completed application and compliance with division (B) of this	2592
section, the registrar shall issue to the applicant the	2593
appropriate vehicle registration and a set of Glen Helen nature	2594
preserve license plates with a validation sticker or a validation	2595
sticker alone when required by section 4503.191 of the Revised	2596
Code.	2597

In addition to the letters and numbers ordinarily inscribed	2598
thereon, Glen Helen nature preserve license plates shall be	2599
inscribed with identifying words or markings designed by the Glen	2600
Helen ecology institute and approved by the registrar. Glen Helen	2601
nature preserve license plates shall bear county identification	2602
stickers that identify the county of registration by name or	2603
number.	2604

(B) The Glen Helen nature preserve license plates and	2605
validation sticker shall be issued upon receipt of a contribution	2606
as provided in division (C) of this section and upon payment of	2607
the regular license fees as prescribed under section 4503.04 of	2608
the Revised Code, a bureau of motor vehicles administrative fee of	2609
ten dollars, any applicable motor vehicle tax levied under Chapter	2610
4504. of the Revised Code, and compliance with all other	2611
applicable laws relating to the registration of motor vehicles. If	2612
the application for Glen Helen nature preserve license plates is	2613
combined with a request for a special reserved license plate under	2614
section 4503.40 or 4503.42 of the Revised Code, the license plates	2615
and validation sticker shall be issued upon payment of the	2616
contribution, fees, and taxes contained in this division and the	2617
additional fee prescribed under section 4503.40 or 4503.42 of the	2618
Revised Code.	2619

(C) For each application for registration and registration	2620
renewal submitted under this section, the registrar shall collect	2621
a contribution of fifteen dollars. The registrar shall transmit	2622
this contribution to the treasurer of state for deposit in the	2623
license plate contribution fund created in section 4501.21 of the	2624
Revised Code.	2625

The registrar shall deposit the ten-dollar bureau	2626
administrative fee, the purpose of which is to compensate the	2627
bureau for additional services required in issuing Glen Helen	2628
nature preserve license plates, in the state bureau of motor	2629
vehicles fund created in section 4501.25 of the Revised Code.	2630

Sec. 4503.62. (A) Application for the registration of an	2631
apportionable vehicle shall be made to the registrar of motor	2632
vehicles in accordance with division (J) of section 4503.10 of the	2633
Revised Code.	2634

(B) Any person applying to register a vehicle or combination	2635
vehicle that has a gross vehicle weight of twenty-six thousand	2636
pounds or less or two axles, or that is a bus used in charter	2637
party service, also may register the vehicle in accordance with	2638
division (J) of section 4503.10 of the Revised Code if the vehicle	2639
is used or intended for use in two or more international	2640
registration plan member jurisdictions.	2641

(C) No later than December 31, 2011, the registrar shall	2642
adopt rules under Chapter 119. of the Revised Code to establish a	2643
program to accept applications for vehicle registration	2644
transactions of apportionable vehicles electronically over the	2645
internet. The program also may provide for vehicle registration	2646
transactions of nonapportionable commercial motor vehicles over	2647
the internet.	2648

(D) The internet registration program shall provide an option	2649
for the payment of all registration taxes and fees by use of a	2650
financial transaction device. In providing for payment by the use	2651
of a financial transaction device, the registrar may, but is not	2652
required to, comply with section 113.40 of the Revised Code. The	2653
registrar, with the approval of the director of public safety, may	2654
contract with a third party to accept and process payments made by	2655
use of a financial transaction device on behalf of the bureau of	2656
motor vehicles. All fees associated with payment by use of a	2657
financial transaction device shall be borne by the applicants	2658
seeking the registration of apportionable or other vehicles under	2659
the program established pursuant to division (C) of this section.	2660
The bureau shall not pay any costs, and shall not retain any	2661
additional fees, associated with the use of a financial	2662
transaction device.	2663

(E) As used in this section, "financial transaction device"	2664
has the same meaning as in section 113.40 of the Revised Code.	2665

Sec. 4503.701. (A) The owner or lessee of any passenger car,	2666
noncommercial motor vehicle, recreational vehicle, or other	2667
vehicle of a class approved by the registrar of motor vehicles may	2668
apply to the registrar for the registration of the vehicle and	2669
issuance of Prince Hall freemason license plates. The application	2670
for Prince Hall freemason license plates may be combined with a	2671
request for a special reserved license plate under section 4503.40	2672
or 4503.42 of the Revised Code. Upon receipt of the completed	2673
application and compliance by the applicant with this section, the	2674
registrar shall issue to the applicant the appropriate vehicle	2675
registration and a set of Prince Hall freemason license plates	2676
with a validation sticker or a validation sticker alone when	2677
required by section 4503.191 of the Revised Code.	2678

In addition to the letters and numbers ordinarily inscribed	2679
thereon, Prince Hall freemason license plates shall be inscribed	2680
with identifying words and a symbol or logo designed by the Prince	2681
Hall grand lodge of free and accepted masons of Ohio and approved	2682
by the registrar. Prince Hall freemason license plates shall bear	2683
county identification stickers that identify the county of	2684
registration by name or number.	2685

(B) Prince Hall freemason license plates and validation	2686
stickers shall be issued upon receipt of a contribution as	2687
provided in division (C) of this section and upon payment of the	2688
regular license fee required by section 4503.04 of the Revised	2689
Code, payment of any local motor vehicle license tax levied under	2690
Chapter 4504. of the Revised Code, payment of an additional fee of	2691
ten dollars, and compliance with all other applicable laws	2692
relating to the registration of motor vehicles. If the application	2693
for Prince Hall freemason license plates is combined with a	2694
request for a special reserved license plate under section 4503.40	2695
or 4503.42 of the Revised Code, the license plates and validation	2696
sticker shall be issued upon payment of the fees and taxes	2697
contained in this section and the additional fee prescribed under	2698
section 4503.40 or 4503.42 of the Revised Code. The additional fee	2699
of ten dollars shall be for the purpose of compensating the bureau	2700
of motor vehicles for additional services required in the issuing	2701
of Prince Hall freemason license plates~~, and shall be transmitted~~	2702
~~by the~~.	2703

(C) For each application for registration and registration	2704
renewal notice the registrar receives under this section, the	2705
registrar shall collect a contribution of fifteen dollars. The	2706
registrar shall transmit this contribution to the treasurer of	2707
state for deposit in the license plate contribution fund created	2708
in section 4501.21 of the Revised Code.	2709

The registrar shall transmit the additional fee of ten	2710
dollars paid to compensate the bureau for the additional services	2711
required in the issuing of Prince Hall freemason license plates to	2712
the treasurer of state for deposit into the state treasury to the	2713
credit of the state bureau of motor vehicles fund created by	2714
section 4501.25 of the Revised Code.	2715

Sec. 4503.751. (A) The owner or lessee of any passenger car,	2716
noncommercial motor vehicle, recreational vehicle, or other	2717
vehicle of a class approved by the registrar of motor vehicles who	2718
also is a member of a national, state, or local association of	2719
realtors may apply to the registrar for the registration of the	2720
vehicle and issuance of realtor license plates. The application	2721
for realtor license plates may be combined with a request for a	2722
special reserved license plate under section 4503.40 or 4503.42 of	2723
the Revised Code. Upon receipt of the completed application, proof	2724
of membership in a national, state, or local association of	2725
realtors as required by the registrar, and compliance with	2726
division (B) of this section, the registrar shall issue to the	2727
applicant the appropriate vehicle registration and a set of	2728
realtor license plates with a validation sticker or a validation	2729
sticker alone when required by section 4503.191 of the Revised	2730
Code.	2731

In addition to the letters and numbers ordinarily inscribed	2732
thereon, realtor license plates shall be inscribed with	2733
identifying words or markings representing realtors and approved	2734
by the registrar. Realtor license plates shall bear county	2735
identification stickers that identify the county of registration	2736
by name or number.	2737

(B) The realtor license plates and validation sticker shall	2738
be issued upon receipt of a contribution as provided in division	2739
(C) of this section and upon payment of the regular license tax as	2740
prescribed under section 4503.04 of the Revised Code, a fee of ten	2741
dollars for the purpose of compensating the bureau of motor	2742
vehicles for additional services required in the issuing of the	2743
realtor license plates, any applicable motor vehicle tax levied	2744
under Chapter 4504. of the Revised Code, and compliance with all	2745
other applicable laws relating to the registration of motor	2746
vehicles. If the application for realtor license plates is	2747
combined with a request for a special reserved license plate under	2748
section 4503.40 or 4503.42 of the Revised Code, the license plate	2749
and validation sticker shall be issued upon payment of the	2750
contribution, fees, and taxes contained in this division and the	2751
additional fee prescribed under section 4503.40 or 4503.42 of the	2752
Revised Code.	2753

(C) For each application for registration and registration	2754
renewal the registrar receives under this section, the registrar	2755
shall collect a contribution of fifteen dollars. The registrar	2756
shall transmit this contribution to the treasurer of state for	2757
deposit in the license plate contribution fund created in section	2758
4501.21 of the Revised Code.	2759

The registrar shall deposit the additional fee of ten dollars	2760
specified in division (B) of this section that the applicant for	2761
registration voluntarily pays for the purpose of compensating the	2762
bureau for the additional services required in the issuing of the	2763
applicant's realtor license plates in the state bureau of motor	2764
vehicles fund created in section 4501.25 of the Revised Code.	2765

Sec. 4503.94. (A) The owner or lessee of any passenger car,	2766
noncommercial motor vehicle, recreational vehicle, or other	2767
vehicle of a class approved by the registrar of motor vehicles may	2768
apply to the registrar for the registration of the vehicle and	2769
issuance of "teen driver education" license plates. The	2770
application may be combined with a request for a special reserved	2771
license plate under section 4503.40 or 4503.42 of the Revised	2772
Code. Upon receipt of the completed application and compliance by	2773
the applicant with divisions (B) and (C) of this section, the	2774
registrar shall issue to the applicant the appropriate vehicle	2775
registration and a set of "teen driver education" license plates	2776
and a validation sticker, or a validation sticker alone when	2777
required by section 4503.191 of the Revised Code.	2778

In addition to the letters and numbers ordinarily inscribed	2779
on the license plates, "teen driver education" license plates	2780
shall bear an appropriate logo and the words "teen driver	2781
education." The bureau of motor vehicles shall design "teen driver	2782
education" license plates, and they shall display county	2783
identification stickers that identify the county of registration	2784
by name or number.	2785

(B) "Teen driver education" license plates and a validation	2786
sticker, or validation sticker alone, shall be issued upon receipt	2787
of an application for registration of a motor vehicle under this	2788
section; payment of the regular license tax as prescribed under	2789
section 4503.04 of the Revised Code, any applicable motor vehicle	2790
license tax levied under Chapter 4504. of the Revised Code, any	2791
applicable additional fee prescribed by section 4503.40 or 4503.42	2792
of the Revised Code, an additional fee of ten dollars, and a	2793
contribution as provided in division (C) of this section; and	2794
compliance with all other applicable laws relating to the	2795
registration of motor vehicles.	2796

(C) For each application for registration and registration	2797
renewal notice the registrar receives under this section, the	2798
registrar shall collect a contribution of fifteen dollars. The	2799
registrar shall transmit this contribution to the treasurer of	2800
state for deposit into the state treasury to the credit of the	2801
~~teen driver education~~ license plate contribution fund created by	2802
section ~~4501.14~~4501.21 of the Revised Code.	2803

The registrar shall transmit the additional fee of ten	2804
dollars, which is to compensate the bureau for the additional	2805
services required in the issuing of "teen driver education"	2806
license plates, to the treasurer of state for deposit into the	2807
state treasury to the credit of the state bureau of motor vehicles	2808
fund created by section 4501.25 of the Revised Code.	2809

Sec. 4505.06. (A)(1) Application for a certificate of title	2810
shall be made in a form prescribed by the registrar of motor	2811
vehicles and shall be sworn to before a notary public or other	2812
officer empowered to administer oaths. The application shall be	2813
filed with the clerk of any court of common pleas. An application	2814
for a certificate of title may be filed electronically by any	2815
electronic means approved by the registrar in any county with the	2816
clerk of the court of common pleas of that county. Any payments	2817
required by this chapter shall be considered as accompanying any	2818
electronically transmitted application when payment actually is	2819
received by the clerk. Payment of any fee or taxes may be made by	2820
electronic transfer of funds.	2821

(2) The application for a certificate of title shall be	2822
accompanied by the fee prescribed in section 4505.09 of the	2823
Revised Code. The fee shall be retained by the clerk who issues	2824
the certificate of title and shall be distributed in accordance	2825
with that section. If a clerk of a court of common pleas, other	2826
than the clerk of the court of common pleas of an applicant's	2827
county of residence, issues a certificate of title to the	2828
applicant, the clerk shall transmit data related to the	2829
transaction to the automated title processing system.	2830

(3) If a certificate of title previously has been issued for	2831
a motor vehicle in this state, the application for a certificate	2832
of title also shall be accompanied by that certificate of title	2833
duly assigned, unless otherwise provided in this chapter. If a	2834
certificate of title previously has not been issued for the motor	2835
vehicle in this state, the application, unless otherwise provided	2836
in this chapter, shall be accompanied by a manufacturer's or	2837
importer's certificate or by a certificate of title of another	2838
state from which the motor vehicle was brought into this state. If	2839
the application refers to a motor vehicle last previously	2840
registered in another state, the application also shall be	2841
accompanied by the physical inspection certificate required by	2842
section 4505.061 of the Revised Code. If the application is made	2843
by two persons regarding a motor vehicle in which they wish to	2844
establish joint ownership with right of survivorship, they may do	2845
so as provided in section 2131.12 of the Revised Code. If the	2846
applicant requests a designation of the motor vehicle in	2847
beneficiary form so that upon the death of the owner of the motor	2848
vehicle, ownership of the motor vehicle will pass to a designated	2849
transfer-on-death beneficiary or beneficiaries, the applicant may	2850
do so as provided in section 2131.13 of the Revised Code. A person	2851
who establishes ownership of a motor vehicle that is transferable	2852
on death in accordance with section 2131.13 of the Revised Code	2853
may terminate that type of ownership or change the designation of	2854
the transfer-on-death beneficiary or beneficiaries by applying for	2855
a certificate of title pursuant to this section. The clerk shall	2856
retain the evidence of title presented by the applicant and on	2857
which the certificate of title is issued, except that, if an	2858
application for a certificate of title is filed electronically by	2859
an electronic motor vehicle dealer on behalf of the purchaser of a	2860
motor vehicle, the clerk shall retain the completed electronic	2861
record to which the dealer converted the certificate of title	2862
application and other required documents. The registrar, after	2863
consultation with the attorney general, shall adopt rules that	2864
govern the location at which, and the manner in which, are stored	2865
the actual application and all other documents relating to the	2866
sale of a motor vehicle when an electronic motor vehicle dealer	2867
files the application for a certificate of title electronically on	2868
behalf of the purchaser. Not later than December 31, 2011, the	2869
registrar shall enable all electronic motor vehicle dealers to	2870
file applications for certificates of title on behalf of	2871
purchasers of motor vehicles electronically directly with the	2872
registrar and not through a third party.	2873

The clerk shall use reasonable diligence in ascertaining	2874
whether or not the facts in the application for a certificate of	2875
title are true by checking the application and documents	2876
accompanying it or the electronic record to which a dealer	2877
converted the application and accompanying documents with the	2878
records of motor vehicles in the clerk's office. If the clerk is	2879
satisfied that the applicant is the owner of the motor vehicle and	2880
that the application is in the proper form, the clerk, within five	2881
business days after the application is filed and except as	2882
provided in section 4505.021 of the Revised Code, shall issue a	2883
physical certificate of title over the clerk's signature and	2884
sealed with the clerk's seal, unless the applicant specifically	2885
requests the clerk not to issue a physical certificate of title	2886
and instead to issue an electronic certificate of title. For	2887
purposes of the transfer of a certificate of title, if the clerk	2888
is satisfied that the secured party has duly discharged a lien	2889
notation but has not canceled the lien notation with a clerk, the	2890
clerk may cancel the lien notation on the automated title	2891
processing system and notify the clerk of the county of origin.	2892

(4) In the case of the sale of a motor vehicle to a general	2893
buyer or user by a dealer, by a motor vehicle leasing dealer	2894
selling the motor vehicle to the lessee or, in a case in which the	2895
leasing dealer subleased the motor vehicle, the sublessee, at the	2896
end of the lease agreement or sublease agreement, or by a	2897
manufactured housing broker, the certificate of title shall be	2898
obtained in the name of the buyer by the dealer, leasing dealer,	2899
or manufactured housing broker, as the case may be, upon	2900
application signed by the buyer. The certificate of title shall be	2901
issued, or the process of entering the certificate of title	2902
application information into the automated title processing system	2903
if a physical certificate of title is not to be issued shall be	2904
completed, within five business days after the application for	2905
title is filed with the clerk. If the buyer of the motor vehicle	2906
previously leased the motor vehicle and is buying the motor	2907
vehicle at the end of the lease pursuant to that lease, the	2908
certificate of title shall be obtained in the name of the buyer by	2909
the motor vehicle leasing dealer who previously leased the motor	2910
vehicle to the buyer or by the motor vehicle leasing dealer who	2911
subleased the motor vehicle to the buyer under a sublease	2912
agreement.	2913

In all other cases, except as provided in section 4505.032	2914
and division (D)(2) of section 4505.11 of the Revised Code, such	2915
certificates shall be obtained by the buyer.	2916

(5)(a)(i) If the certificate of title is being obtained in	2917
the name of the buyer by a motor vehicle dealer or motor vehicle	2918
leasing dealer and there is a security interest to be noted on the	2919
certificate of title, the dealer or leasing dealer shall submit	2920
the application for the certificate of title and payment of the	2921
applicable tax to a clerk within seven business days after the	2922
later of the delivery of the motor vehicle to the buyer or the	2923
date the dealer or leasing dealer obtains the manufacturer's or	2924
importer's certificate, or certificate of title issued in the name	2925
of the dealer or leasing dealer, for the motor vehicle. Submission	2926
of the application for the certificate of title and payment of the	2927
applicable tax within the required seven business days may be	2928
indicated by postmark or receipt by a clerk within that period.	2929

(ii) Upon receipt of the certificate of title with the	2930
security interest noted on its face, the dealer or leasing dealer	2931
shall forward the certificate of title to the secured party at the	2932
location noted in the financing documents or otherwise specified	2933
by the secured party.	2934

(iii) A motor vehicle dealer or motor vehicle leasing dealer	2935
is liable to a secured party for a late fee of ten dollars per day	2936
for each certificate of title application and payment of the	2937
applicable tax that is submitted to a clerk more than seven	2938
business days but less than twenty-one days after the later of the	2939
delivery of the motor vehicle to the buyer or the date the dealer	2940
or leasing dealer obtains the manufacturer's or importer's	2941
certificate, or certificate of title issued in the name of the	2942
dealer or leasing dealer, for the motor vehicle and, from then on,	2943
twenty-five dollars per day until the application and applicable	2944
tax are submitted to a clerk.	2945

(b) In all cases of transfer of a motor vehicle except the	2946
transfer of a manufactured home or mobile home, the application	2947
for certificate of title shall be filed within thirty days after	2948
the assignment or delivery of the motor vehicle.	2949

(c) An application for a certificate of title for a new	2950
manufactured home shall be filed within thirty days after the	2951
delivery of the new manufactured home to the purchaser. The date	2952
of the delivery shall be the date on which an occupancy permit for	2953
the manufactured home is delivered to the purchaser of the home by	2954
the appropriate legal authority.	2955

(d) An application for a certificate of title for a used	2956
manufactured home or a used mobile home shall be filed as follows:	2957

(i) If a certificate of title for the used manufactured home	2958
or used mobile home was issued to the motor vehicle dealer prior	2959
to the sale of the manufactured or mobile home to the purchaser,	2960
the application for certificate of title shall be filed within	2961
thirty days after the date on which an occupancy permit for the	2962
manufactured or mobile home is delivered to the purchaser by the	2963
appropriate legal authority.	2964

(ii) If the motor vehicle dealer has been designated by a	2965
secured party to display the manufactured or mobile home for sale,	2966
or to sell the manufactured or mobile home under section 4505.20	2967
of the Revised Code, but the certificate of title has not been	2968
transferred by the secured party to the motor vehicle dealer, and	2969
the dealer has complied with the requirements of division (A) of	2970
section 4505.181 of the Revised Code, the application for	2971
certificate of title shall be filed within thirty days after the	2972
date on which the motor vehicle dealer obtains the certificate of	2973
title for the home from the secured party or the date on which an	2974
occupancy permit for the manufactured or mobile home is delivered	2975
to the purchaser by the appropriate legal authority, whichever	2976
occurs later.	2977

(6) If an application for a certificate of title is not filed	2978
within the period specified in division (A)(5)(b), (c), or (d) of	2979
this section, the clerk shall collect a fee of five dollars for	2980
the issuance of the certificate, except that no such fee shall be	2981
required from a motor vehicle salvage dealer, as defined in	2982
division (A) of section 4738.01 of the Revised Code, who	2983
immediately surrenders the certificate of title for cancellation.	2984
The fee shall be in addition to all other fees established by this	2985
chapter, and shall be retained by the clerk. The registrar shall	2986
provide, on the certificate of title form prescribed by section	2987
4505.07 of the Revised Code, language necessary to give evidence	2988
of the date on which the assignment or delivery of the motor	2989
vehicle was made.	2990

(7) As used in division (A) of this section, "lease	2991
agreement," "lessee," and "sublease agreement" have the same	2992
meanings as in section 4505.04 of the Revised Code and "new	2993
manufactured home," "used manufactured home," and "used mobile	2994
home" have the same meanings as in section 5739.0210 of the	2995
Revised Code.	2996

(B)(1) The clerk, except as provided in this section, shall	2997
refuse to accept for filing any application for a certificate of	2998
title and shall refuse to issue a certificate of title unless the	2999
dealer or the applicant, in cases in which the certificate shall	3000
be obtained by the buyer, submits with the application payment of	3001
the tax levied by or pursuant to Chapters 5739. and 5741. of the	3002
Revised Code based on the purchaser's county of residence. Upon	3003
payment of the tax in accordance with division (E) of this	3004
section, the clerk shall issue a receipt prescribed by the	3005
registrar and agreed upon by the tax commissioner showing payment	3006
of the tax or a receipt issued by the commissioner showing the	3007
payment of the tax. When submitting payment of the tax to the	3008
clerk, a dealer shall retain any discount to which the dealer is	3009
entitled under section 5739.12 of the Revised Code.	3010

(2) For receiving and disbursing such taxes paid to the clerk	3011
by a resident of the clerk's county, the clerk may retain a	3012
poundage fee of one and one one-hundredth per cent, and the clerk	3013
shall pay the poundage fee into the certificate of title	3014
administration fund created by section 325.33 of the Revised Code.	3015
The clerk shall not retain a poundage fee from payments of taxes	3016
by persons who do not reside in the clerk's county.	3017

A clerk, however, may retain from the taxes paid to the clerk	3018
an amount equal to the poundage fees associated with certificates	3019
of title issued by other clerks of courts of common pleas to	3020
applicants who reside in the first clerk's county. The registrar,	3021
in consultation with the tax commissioner and the clerks of the	3022
courts of common pleas, shall develop a report from the automated	3023
title processing system that informs each clerk of the amount of	3024
the poundage fees that the clerk is permitted to retain from those	3025
taxes because of certificates of title issued by the clerks of	3026
other counties to applicants who reside in the first clerk's	3027
county.	3028

(3) In the case of casual sales of motor vehicles, as defined	3029
in section 4517.01 of the Revised Code, the price for the purpose	3030
of determining the tax shall be the purchase price on the assigned	3031
certificate of title executed by the seller and filed with the	3032
clerk by the buyer on a form to be prescribed by the registrar,	3033
which shall be prima-facie evidence of the amount for the	3034
determination of the tax.	3035

(4) Each county clerk shall forward to the treasurer of state	3036
all sales and use tax collections resulting from sales of motor	3037
vehicles, off-highway motorcycles, and all-purpose vehicles during	3038
a calendar week on or before the Friday following the close of	3039
that week. If, on any Friday, the offices of the clerk of courts	3040
or the state are not open for business, the tax shall be forwarded	3041
to the treasurer of state on or before the next day on which the	3042
offices are open. Every remittance of tax under division (B)(4) of	3043
this section shall be accompanied by a remittance report in such	3044
form as the tax commissioner prescribes. Upon receipt of a tax	3045
remittance and remittance report, the treasurer of state shall	3046
date stamp the report and forward it to the tax commissioner. If	3047
the tax due for any week is not remitted by a clerk of courts as	3048
required under division (B)(4) of this section, the commissioner	3049
may require the clerk to forfeit the poundage fees for the sales	3050
made during that week. The treasurer of state may require the	3051
clerks of courts to transmit tax collections and remittance	3052
reports electronically.	3053

(C)(1) If the transferor indicates on the certificate of	3054
title that the odometer reflects mileage in excess of the designed	3055
mechanical limit of the odometer, the clerk shall enter the phrase	3056
"exceeds mechanical limits" following the mileage designation. If	3057
the transferor indicates on the certificate of title that the	3058
odometer reading is not the actual mileage, the clerk shall enter	3059
the phrase "nonactual: warning - odometer discrepancy" following	3060
the mileage designation. The clerk shall use reasonable care in	3061
transferring the information supplied by the transferor, but is	3062
not liable for any errors or omissions of the clerk or those of	3063
the clerk's deputies in the performance of the clerk's duties	3064
created by this chapter.	3065

The registrar shall prescribe an affidavit in which the	3066
transferor shall swear to the true selling price and, except as	3067
provided in this division, the true odometer reading of the motor	3068
vehicle. The registrar may prescribe an affidavit in which the	3069
seller and buyer provide information pertaining to the odometer	3070
reading of the motor vehicle in addition to that required by this	3071
section, as such information may be required by the United States	3072
secretary of transportation by rule prescribed under authority of	3073
subchapter IV of the "Motor Vehicle Information and Cost Savings	3074
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	3075

(2) Division (C)(1) of this section does not require the	3076
giving of information concerning the odometer and odometer reading	3077
of a motor vehicle when ownership of a motor vehicle is being	3078
transferred as a result of a bequest, under the laws of intestate	3079
succession, to a survivor pursuant to section 2106.18, 2131.12, or	3080
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	3081
beneficiaries pursuant to section 2131.13 of the Revised Code, in	3082
connection with the creation of a security interest or for a	3083
vehicle with a gross vehicle weight rating of more than sixteen	3084
thousand pounds.	3085

(D) When the transfer to the applicant was made in some other	3086
state or in interstate commerce, the clerk, except as provided in	3087
this section, shall refuse to issue any certificate of title	3088
unless the tax imposed by or pursuant to Chapter 5741. of the	3089
Revised Code based on the purchaser's county of residence has been	3090
paid as evidenced by a receipt issued by the tax commissioner, or	3091
unless the applicant submits with the application payment of the	3092
tax. Upon payment of the tax in accordance with division (E) of	3093
this section, the clerk shall issue a receipt prescribed by the	3094
registrar and agreed upon by the tax commissioner, showing payment	3095
of the tax.	3096

For receiving and disbursing such taxes paid to the clerk by	3097
a resident of the clerk's county, the clerk may retain a poundage	3098
fee of one and one one-hundredth per cent. The clerk shall not	3099
retain a poundage fee from payments of taxes by persons who do not	3100
reside in the clerk's county.	3101

A clerk, however, may retain from the taxes paid to the clerk	3102
an amount equal to the poundage fees associated with certificates	3103
of title issued by other clerks of courts of common pleas to	3104
applicants who reside in the first clerk's county. The registrar,	3105
in consultation with the tax commissioner and the clerks of the	3106
courts of common pleas, shall develop a report from the automated	3107
title processing system that informs each clerk of the amount of	3108
the poundage fees that the clerk is permitted to retain from those	3109
taxes because of certificates of title issued by the clerks of	3110
other counties to applicants who reside in the first clerk's	3111
county.	3112

When the vendor is not regularly engaged in the business of	3113
selling motor vehicles, the vendor shall not be required to	3114
purchase a vendor's license or make reports concerning those	3115
sales.	3116

(E) The clerk shall accept any payment of a tax in cash, or	3117
by cashier's check, certified check, draft, money order, or teller	3118
check issued by any insured financial institution payable to the	3119
clerk and submitted with an application for a certificate of title	3120
under division (B) or (D) of this section. The clerk also may	3121
accept payment of the tax by corporate, business, or personal	3122
check, credit card, electronic transfer or wire transfer, debit	3123
card, or any other accepted form of payment made payable to the	3124
clerk. The clerk may require bonds, guarantees, or letters of	3125
credit to ensure the collection of corporate, business, or	3126
personal checks. Any service fee charged by a third party to a	3127
clerk for the use of any form of payment may be paid by the clerk	3128
from the certificate of title administration fund created in	3129
section 325.33 of the Revised Code, or may be assessed by the	3130
clerk upon the applicant as an additional fee. Upon collection,	3131
the additional fees shall be paid by the clerk into that	3132
certificate of title administration fund.	3133

The clerk shall make a good faith effort to collect any	3134
payment of taxes due but not made because the payment was returned	3135
or dishonored, but the clerk is not personally liable for the	3136
payment of uncollected taxes or uncollected fees. The clerk shall	3137
notify the tax commissioner of any such payment of taxes that is	3138
due but not made and shall furnish the information to the	3139
commissioner that the commissioner requires. The clerk shall	3140
deduct the amount of taxes due but not paid from the clerk's	3141
periodic remittance of tax payments, in accordance with procedures	3142
agreed upon by the tax commissioner. The commissioner may collect	3143
taxes due by assessment in the manner provided in section 5739.13	3144
of the Revised Code.	3145

Any person who presents payment that is returned or	3146
dishonored for any reason is liable to the clerk for payment of a	3147
penalty over and above the amount of the taxes due. The clerk	3148
shall determine the amount of the penalty, and the penalty shall	3149
be no greater than that amount necessary to compensate the clerk	3150
for banking charges, legal fees, or other expenses incurred by the	3151
clerk in collecting the returned or dishonored payment. The	3152
remedies and procedures provided in this section are in addition	3153
to any other available civil or criminal remedies. Subsequently	3154
collected penalties, poundage fees, and title fees, less any title	3155
fee due the state, from returned or dishonored payments collected	3156
by the clerk shall be paid into the certificate of title	3157
administration fund. Subsequently collected taxes, less poundage	3158
fees, shall be sent by the clerk to the treasurer of state at the	3159
next scheduled periodic remittance of tax payments, with	3160
information as the commissioner may require. The clerk may abate	3161
all or any part of any penalty assessed under this division.	3162

(F) In the following cases, the clerk shall accept for filing	3163
an application and shall issue a certificate of title without	3164
requiring payment or evidence of payment of the tax:	3165

(1) When the purchaser is this state or any of its political	3166
subdivisions, a church, or an organization whose purchases are	3167
exempted by section 5739.02 of the Revised Code;	3168

(2) When the transaction in this state is not a retail sale	3169
as defined by section 5739.01 of the Revised Code;	3170

(3) When the purchase is outside this state or in interstate	3171
commerce and the purpose of the purchaser is not to use, store, or	3172
consume within the meaning of section 5741.01 of the Revised Code;	3173

(4) When the purchaser is the federal government;

3174

(5) When the motor vehicle was purchased outside this state	3175
for use outside this state;	3176

(6) When the motor vehicle is purchased by a nonresident	3177
under the circumstances described in division (B)(1) of section	3178
5739.029 of the Revised Code, and upon presentation of a copy of	3179
the affidavit provided by that section, and a copy of the	3180
exemption certificate provided by section 5739.03 of the Revised	3181
Code.	3182

(G) An application, as prescribed by the registrar and agreed	3183
to by the tax commissioner, shall be filled out and sworn to by	3184
the buyer of a motor vehicle in a casual sale. The application	3185
shall contain the following notice in bold lettering: "WARNING TO	3186
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	3187
law to state the true selling price. A false statement is in	3188
violation of section 2921.13 of the Revised Code and is punishable	3189
by six months' imprisonment or a fine of up to one thousand	3190
dollars, or both. All transfers are audited by the department of	3191
taxation. The seller and buyer must provide any information	3192
requested by the department of taxation. The buyer may be assessed	3193
any additional tax found to be due."	3194

(H) For sales of manufactured homes or mobile homes occurring	3195
on or after January 1, 2000, the clerk shall accept for filing,	3196
pursuant to Chapter 5739. of the Revised Code, an application for	3197
a certificate of title for a manufactured home or mobile home	3198
without requiring payment of any tax pursuant to section 5739.02,	3199
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	3200
issued by the tax commissioner showing payment of the tax. For	3201
sales of manufactured homes or mobile homes occurring on or after	3202
January 1, 2000, the applicant shall pay to the clerk an	3203
additional fee of five dollars for each certificate of title	3204
issued by the clerk for a manufactured or mobile home pursuant to	3205
division (H) of section 4505.11 of the Revised Code and for each	3206
certificate of title issued upon transfer of ownership of the	3207
home. The clerk shall credit the fee to the county certificate of	3208
title administration fund, and the fee shall be used to pay the	3209
expenses of archiving those certificates pursuant to division (A)	3210
of section 4505.08 and division (H)(3) of section 4505.11 of the	3211
Revised Code. The tax commissioner shall administer any tax on a	3212
manufactured or mobile home pursuant to Chapters 5739. and 5741.	3213
of the Revised Code.	3214

(I) Every clerk shall have the capability to transact by	3215
electronic means all procedures and transactions relating to the	3216
issuance of motor vehicle certificates of title that are described	3217
in the Revised Code as being accomplished by electronic means.	3218

Sec. 4505.08. (A) When the clerk of a court of common pleas	3219
issues a physical certificate of title, the clerk shall issue the	3220
certificate of title on a form and in a manner prescribed by the	3221
registrar of motor vehicles. The clerk shall file a copy of the	3222
physical evidence for the creation of the certificate of title in	3223
a manner prescribed by the registrar. A clerk may retain digital	3224
images of documents used as evidence for issuance of a certificate	3225
of title. Certified printouts of documents retained as digital	3226
images shall have the same evidentiary value as the original	3227
physical documents. The record of the issuance of the certificate	3228
of title shall be maintained in the automated title processing	3229
system. The clerk shall sign and affix the clerk's seal to the	3230
original certificate of title and, if there are no liens on the	3231
motor vehicle, shall deliver the certificate to the applicant or	3232
the selling dealer. If there are one or more liens on the motor	3233
vehicle, the certificate of title shall be delivered to the holder	3234
of the first lien or the selling dealer, who shall deliver the	3235
certificate of title to the holder of the first lien.	3236

The registrar shall prescribe a uniform method of numbering	3237
certificates of title, and such numbering shall be in such manner	3238
that the county of issuance is indicated. The clerk shall assign	3239
numbers to certificates of title in the manner prescribed by the	3240
registrar. The clerk shall file all certificates of title	3241
according to rules to be prescribed by the registrar, and the	3242
clerk shall maintain in the clerk's office indexes for the	3243
certificates of title.	3244

The clerk need not retain on file any current certificates of	3245
title, current duplicate certificates of title, current memorandum	3246
certificates of title, or current salvage certificates of title,	3247
or supporting evidence of them covering any motor vehicle or	3248
manufactured or mobile home for a period longer than seven years	3249
after the date of its filing; thereafter, the documents and	3250
supporting evidence may be destroyed. The clerk need not retain on	3251
file any inactive records, including certificates of title,	3252
duplicate certificates of title, or memorandum certificates of	3253
title, or supporting evidence of them, including the electronic	3254
record described in division (A) of section 4505.06 of the Revised	3255
Code, covering any motor vehicle or manufactured or mobile home	3256
for a period longer than five years after the date of its filing;	3257
thereafter, the documents and supporting evidence may be	3258
destroyed.	3259

The automated title processing system shall contain all	3260
active records and an index of the active records, a record and	3261
index of all inactive titles for ten years, and a record and index	3262
of all inactive titles for manufactured and mobile homes for	3263
thirty years. If the clerk provides a written copy of any	3264
information contained in the database, the copy shall be	3265
considered the original for purposes of the clerk certifying the	3266
record of the information for use in any legal proceeding.	3267

(B)(1) If the clerk issues a certificate of title for a motor	3268
vehicle that was last previously registered in another state, the	3269
clerk shall record verbatim, where practicable, in the space on	3270
the title described in division (B)(19) of section 4505.07 of the	3271
Revised Code, the words that appear as a notation to the vehicle	3272
on the title issued by the previous state. These notations may	3273
include, but are not limited to, words to the effect that the	3274
vehicle was considered or was categorized by the state in which it	3275
was last previously registered to be a law enforcement vehicle or	3276
a taxicab or was once in a flood.	3277

(2) If the clerk, while issuing a certificate of title for a	3278
motor vehicle that was last previously registered in another	3279
state, receives information from the automated title processing	3280
system indicating that a title to the vehicle previously was	3281
issued by this state and that the previous title contained	3282
notations that appeared in the space described in division (B)(19)	3283
or (20) of section 4505.07 of the Revised Code, the clerk shall	3284
enter the notations that appeared on the previous certificate of	3285
title issued by this state on the new certificate of title in the	3286
space described in division (B)(19) or (20) of section 4505.07 of	3287
the Revised Code, irrespective of whether the notations appear on	3288
the certificate of title issued by the state in which the vehicle	3289
was last previously registered.	3290

(3) If the clerk, while issuing a certificate of title for a	3291
motor vehicle that was last previously registered in another	3292
state, receives information from the automated title processing	3293
system indicating that the vehicle was previously issued a title	3294
by this state and that the previous title bore the notation	3295
"REBUILT SALVAGE" as required by division (E) of section 4505.11	3296
of the Revised Code, or the previous title to the vehicle issued	3297
by this state was a salvage certificate of title, the clerk shall	3298
cause the certificate of title the clerk issues to bear the	3299
notation "REBUILT SALVAGE" in the location prescribed by the	3300
registrar pursuant to that division.	3301

(C) When the clerk issues a certificate of title for a motor	3302
vehicle that was last previously registered in this state and was	3303
a law enforcement vehicle or a taxicab or was once in a flood, the	3304
clerk shall record that information in the space on the title	3305
described in division (B)(20) of section 4505.07 of the Revised	3306
Code. The registrar, by rule, may prescribe any additional uses of	3307
or happenings to a motor vehicle that the registrar has reason to	3308
believe should be noted on the certificate of title as provided in	3309
this division.	3310

(D) The clerk shall use reasonable care in recording or	3311
entering onto titles the clerk issues any notation and information	3312
the clerk is required by divisions (B) and (C) of this section to	3313
record or enter and in causing the titles the clerk issues to bear	3314
any notation required by those divisions, but the clerk is not	3315
liable for any of the clerk's errors or omissions or those of the	3316
clerk's deputies, or the automated title processing system, in the	3317
performance of the duties imposed on the clerk by this section.	3318

(E) The clerk may issue a duplicate title, when duly applied	3319
for, of any title that has been destroyed as herein provided.	3320

(F) Except as provided in section 4505.021 of the Revised	3321
Code, the clerk shall issue a physical certificate of title to an	3322
applicant unless the applicant specifically requests the clerk not	3323
to issue a physical certificate of title and instead to issue an	3324
electronic certificate of title. The fact that a physical	3325
certificate of title is not issued for a motor vehicle does not	3326
affect ownership of the vehicle. In that case, when the clerk	3327
completes the process of entering certificate of title application	3328
information into the automated title processing system, the effect	3329
of the completion of the process is the same as if the clerk	3330
actually issued a physical certificate of title for the motor	3331
vehicle.	3332

(G) An electronic motor vehicle dealer who applies for a	3333
certificate of title on behalf of a customer who purchases a motor	3334
vehicle from the dealer may print a non-negotiable evidence of	3335
ownership for the customer if the customer so requests. The	3336
authorization to print the non-negotiable evidence of ownership	3337
shall come from the clerk with whom the dealer makes application	3338
for the certificate of title for the customer, but the printing by	3339
the dealer does not create an agency relationship of any kind	3340
between the dealer and the clerk.	3341

(H) The owner of a motor vehicle may apply at any time to a	3342
clerk of a court of common pleas for a non-negotiable evidence of	3343
ownership for the motor vehicle.	3344

(I) In accordance with rules adopted by the registrar, a	3345
clerk may issue a certificate of title applied for by an agent of	3346
a licensed motor vehicle dealer when that agent has a properly	3347
executed power of attorney from the dealer.	3348

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	3349
shall charge and retain fees as follows:	3350

(a) Five dollars for each certificate of title that is not	3351
applied for within thirty days after the later of the assignment	3352
or delivery of the motor vehicle described in it. The entire fee	3353
shall be retained by the clerk.	3354

(b) Fifteen dollars for each certificate of title or	3355
duplicate certificate of title including the issuance of a	3356
memorandum certificate of title, or authorization to print a	3357
non-negotiable evidence of ownership described in division (G) of	3358
section 4505.08 of the Revised Code, non-negotiable evidence of	3359
ownership printed by the clerk under division (H) of that section,	3360
and notation of any lien on a certificate of title that is applied	3361
for at the same time as the certificate of title. The clerk shall	3362
retain eleven dollars and fifty cents of that fee for each	3363
certificate of title when there is a notation of a lien or	3364
security interest on the certificate of title, twelve dollars and	3365
twenty-five cents when there is no lien or security interest noted	3366
on the certificate of title, and eleven dollars and fifty cents	3367
for each duplicate certificate of title.	3368

(c) ~~Five~~Four dollars and fifty cents for each certificate of	3369
title with no security interest noted that is issued to a licensed	3370
motor vehicle dealer for resale purposes and, in addition, a	3371
separate fee of fifty cents. The clerk shall retain two dollars	3372
and twenty-five cents of that fee.	3373

(d) Five dollars for each memorandum certificate of title or	3374
non-negotiable evidence of ownership that is applied for	3375
separately. The clerk shall retain that entire fee.	3376

(2) The fees that are not retained by the clerk shall be paid	3377
to the registrar of motor vehicles by monthly returns, which shall	3378
be forwarded to the registrar not later than the fifth day of the	3379
month next succeeding that in which the certificate is issued or	3380
that in which the registrar is notified of a lien or cancellation	3381
of a lien.	3382

(B)(1) The registrar shall pay twenty-five cents of the	3383
amount received for each certificate of title issued to a motor	3384
vehicle dealer for resale, one dollar for certificates of title	3385
issued with a lien or security interest noted on the certificate	3386
of title, and twenty-five cents for each certificate of title with	3387
no lien or security interest noted on the certificate of title	3388
into the state bureau of motor vehicles fund established in	3389
section 4501.25 of the Revised Code.	3390

(2) Fifty cents of the amount received for each certificate	3391
of title shall be paid by the registrar as follows:	3392

(a) Four cents shall be paid into the state treasury to the	3393
credit of the motor vehicle dealers board fund, which is hereby	3394
created. All investment earnings of the fund shall be credited to	3395
the fund. The moneys in the motor vehicle dealers board fund shall	3396
be used by the motor vehicle dealers board created under section	3397
4517.30 of the Revised Code, together with other moneys	3398
appropriated to it, in the exercise of its powers and the	3399
performance of its duties under Chapter 4517. of the Revised Code,	3400
except that the director of budget and management may transfer	3401
excess money from the motor vehicle dealers board fund to the	3402
bureau of motor vehicles fund if the registrar determines that the	3403
amount of money in the motor vehicle dealers board fund, together	3404
with other moneys appropriated to the board, exceeds the amount	3405
required for the exercise of its powers and the performance of its	3406
duties under Chapter 4517. of the Revised Code and requests the	3407
director to make the transfer.	3408

(b) Twenty-one cents shall be paid into the highway operating	3409
fund.	3410

(c) Twenty-five cents shall be paid into the state treasury	3411
to the credit of the motor vehicle sales audit fund, which is	3412
hereby created. The moneys in the fund shall be used by the tax	3413
commissioner together with other funds available to the	3414
commissioner to conduct a continuing investigation of sales and	3415
use tax returns filed for motor vehicles in order to determine if	3416
sales and use tax liability has been satisfied. The commissioner	3417
shall refer cases of apparent violations of section 2921.13 of the	3418
Revised Code made in connection with the titling or sale of a	3419
motor vehicle and cases of any other apparent violations of the	3420
sales or use tax law to the appropriate county prosecutor whenever	3421
the commissioner considers it advisable.	3422

(3) Two dollars of the amount received by the registrar under	3423
divisions (A)(1)(a), (b), and (d) of this section and one dollar	3424
and fifty cents of the amount received by the registrar under	3425
division (A)(1)(c) of this section for each certificate of title	3426
shall be paid into the state treasury to the credit of the	3427
automated title processing fund, which is hereby created and which	3428
shall consist of moneys collected under division (B)(3) of this	3429
section and under sections 1548.10 and 4519.59 of the Revised	3430
Code. All investment earnings of the fund shall be credited to the	3431
fund. The moneys in the fund shall be used as follows:	3432

(a) Except for moneys collected under section 1548.10 of the	3433
Revised Code and as provided in division (B)(3)(c) of this	3434
section, moneys collected under division (B)(3) of this section	3435
shall be used to implement and maintain an automated title	3436
processing system for the issuance of motor vehicle, off-highway	3437
motorcycle, and all-purpose vehicle certificates of title in the	3438
offices of the clerks of the courts of common pleas.	3439

(b) Moneys collected under section 1548.10 of the Revised	3440
Code shall be used to issue marine certificates of title in the	3441
offices of the clerks of the courts of common pleas as provided in	3442
Chapter 1548. of the Revised Code.	3443

(c) Moneys collected under division (B)(3) of this section	3444
shall be used in accordance with section 4505.25 of the Revised	3445
Code to implement Sub. S.B. 59 of the 124th general assembly.	3446

(4) The registrar shall pay the fifty-cent separate fee	3447
collected from a licensed motor vehicle dealer under division	3448
(A)(1)(c) of this section into the title defect recision fund	3449
created by section 1345.52 of the Revised Code.	3450

(C)(1) The automated title processing board is hereby created	3451
consisting of the registrar or the registrar's representative, a	3452
person selected by the registrar, the president of the Ohio clerks	3453
of court association or the president's representative, and two	3454
clerks of courts of common pleas appointed by the governor. The	3455
director of budget and management or the director's designee, the	3456
chief of the division of watercraft in the department of natural	3457
resources or the chief's designee, and the tax commissioner or the	3458
commissioner's designee shall be nonvoting members of the board.	3459
The purpose of the board is to facilitate the operation and	3460
maintenance of an automated title processing system and approve	3461
the procurement of automated title processing system equipment.	3462
Voting members of the board, excluding the registrar or the	3463
registrar's representative, shall serve without compensation, but	3464
shall be reimbursed for travel and other necessary expenses	3465
incurred in the conduct of their official duties. The registrar or	3466
the registrar's representative shall receive neither compensation	3467
nor reimbursement as a board member.	3468

(2) The automated title processing board shall determine each	3469
of the following:	3470

(a) The automated title processing equipment and certificates	3471
of title requirements for each county;	3472

(b) The payment of expenses that may be incurred by the	3473
counties in implementing an automated title processing system;	3474

(c) The repayment to the counties for existing title	3475
processing equipment.	3476

(3) The registrar shall purchase, lease, or otherwise acquire	3477
any automated title processing equipment and certificates of title	3478
that the board determines are necessary from moneys in the	3479
automated title processing fund established by division (B)(3) of	3480
this section.	3481

(D) All counties shall conform to the requirements of the	3482
registrar regarding the operation of their automated title	3483
processing system for motor vehicle titles, certificates of title	3484
for off-highway motorcycles and all-purpose vehicles, and	3485
certificates of title for watercraft and outboard motors.	3486

Sec. 4506.08. (A)(1) Each application for a commercial	3487
driver's license temporary instruction permit shall be accompanied	3488
by a fee of ten dollars. Each application for a commercial	3489
driver's license, restricted commercial driver's license, renewal	3490
of such a license, or waiver for farm-related service industries	3491
shall be accompanied by a fee of twenty-five dollars, except that	3492
an application for a commercial driver's license or restricted	3493
commercial driver's license received pursuant to division (A)(3)	3494
of section 4506.14 of the Revised Code shall be accompanied by a	3495
fee of eighteen dollars and seventy-five cents if the license will	3496
expire on the licensee's birthday three years after the date of	3497
issuance, a fee of twelve dollars and fifty cents if the license	3498
will expire on the licensee's birthday two years after the date of	3499
issuance, and a fee of six dollars and twenty-five cents if the	3500
license will expire on the licensee's birthday one year after the	3501
date of issuance. Each application for a duplicate commercial	3502
driver's license shall be accompanied by a fee of ten dollars.	3503

(2) In addition, the registrar of motor vehicles or deputy	3504
registrar may collect and retain an additional fee of no more than	3505
three dollars and fifty cents for each application for a	3506
commercial driver's license temporary instruction permit,	3507
commercial driver's license, renewal of a commercial driver's	3508
license, or duplicate commercial driver's license received by the	3509
registrar or deputy.	3510

(B) In addition to the fees imposed under division (A) of	3511
this section, the registrar of motor vehicles or deputy registrar	3512
shall collect a fee of twelve dollars for each application for a	3513
commercial driver's license temporary instruction permit,	3514
commercial driver's license, or duplicate commercial driver's	3515
license and for each application for renewal of a commercial	3516
driver's license. The additional fee is for the purpose of	3517
defraying the department of public safety's costs associated with	3518
the administration and enforcement of the motor vehicle and	3519
traffic laws of Ohio.	3520

(C) ~~Commencing on October 1, 2009, if an application for a~~	3521
~~commercial driver's license made by a person who previously held~~	3522
~~such a license is not applied for within the period specified in~~	3523
~~section 4506.14 of the Revised Code or within seven days after the~~	3524
~~period so specified, the registrar or deputy registrar shall~~	3525
~~collect a fee of twenty dollars for the issuance of the commercial~~	3526
~~driver's license, but may waive the fee for good cause shown if~~	3527
~~the application is accompanied by supporting evidence as the~~	3528
~~registrar may require. The fee is in addition to all other fees~~	3529
~~established by this section. A deputy registrar shall retain fifty~~	3530
~~cents of the fee and shall transmit the remaining amount in~~	3531
~~accordance with division (D) of this section.~~	3532

~~(D)~~ Each deputy registrar shall transmit the fees collected	3533
under divisions (A)(1),and (B)~~, and (C)~~ of this section in the	3534
time and manner prescribed by the registrar. The registrar shall	3535
deposit all moneys received under division ~~(D)~~(C) of this section	3536
into the state highway safety fund established in section 4501.06	3537
of the Revised Code.	3538

~~(E)~~(D) Information regarding the driving record of any person	3539
holding a commercial driver's license issued by this state shall	3540
be furnished by the registrar, upon request and payment of a fee	3541
of five dollars, to the employer or prospective employer of such a	3542
person and to any insurer.	3543

Of each five-dollar fee the registrar collects under this	3544
division, the registrar shall pay two dollars into the state	3545
treasury to the credit of the state bureau of motor vehicles fund	3546
established in section 4501.25 of the Revised Code, sixty cents	3547
into the state treasury to the credit of the trauma and emergency	3548
medical services fund established in section 4513.263 of the	3549
Revised Code, sixty cents into the state treasury to the credit of	3550
the homeland security fund established in section 5502.03 of the	3551
Revised Code, thirty cents into the state treasury to the credit	3552
of the investigations fund established in section 5502.131 of the	3553
Revised Code, one dollar and twenty-five cents into the state	3554
treasury to the credit of the emergency management agency service	3555
and reimbursement fund established in section 5502.39 of the	3556
Revised Code, and twenty-five cents into the state treasury to the	3557
credit of the justice program services fund established in section	3558
5502.67 of the Revised Code.	3559

Sec. 4507.05. (A) The registrar of motor vehicles, or a	3560
deputy registrar, upon receiving an application for a temporary	3561
instruction permit and a temporary instruction permit	3562
identification card for a driver's license from any person who is	3563
at least fifteen years six months of age, may issue such a permit	3564
and identification card entitling the applicant to drive a motor	3565
vehicle, other than a commercial motor vehicle, upon the highways	3566
under the following conditions:	3567

(1) If the permit is issued to a person who is at least	3568
fifteen years six months of age, but less than sixteen years of	3569
age:	3570

(a) The permit and identification card are in the holder's	3571
immediate possession;	3572

(b) The holder is accompanied by an eligible adult who	3573
actually occupies the seat beside the permit holder and does not	3574
have a prohibited concentration of alcohol in the whole blood,	3575
blood serum or plasma, breath, or urine as provided in division	3576
(A) of section 4511.19 of the Revised Code;	3577

(c) The total number of occupants of the vehicle does not	3578
exceed the total number of occupant restraining devices originally	3579
installed in the motor vehicle by its manufacturer, and each	3580
occupant of the vehicle is wearing all of the available elements	3581
of a properly adjusted occupant restraining device.	3582

(2) If the permit is issued to a person who is at least	3583
sixteen years of age:	3584

(a) The permit and identification card are in the holder's	3585
immediate possession;	3586

(b) The holder is accompanied by a licensed operator who is	3587
at least twenty-one years of age, is actually occupying a seat	3588
beside the driver, and does not have a prohibited concentration of	3589
alcohol in the whole blood, blood serum or plasma, breath, or	3590
urine as provided in division (A) of section 4511.19 of the	3591
Revised Code;	3592

(c) The total number of occupants of the vehicle does not	3593
exceed the total number of occupant restraining devices originally	3594
installed in the motor vehicle by its manufacturer, and each	3595
occupant of the vehicle is wearing all of the available elements	3596
of a properly adjusted occupant restraining device.	3597

(B) The registrar or a deputy registrar, upon receiving from	3598
any person an application for a temporary instruction permit and	3599
temporary instruction permit identification card to operate a	3600
motorcycle or motorized bicycle, may issue such a permit and	3601
identification card entitling the applicant, while having the	3602
permit and identification card in the applicant's immediate	3603
possession, to drive a motorcycle under the restrictions	3604
prescribed in section 4511.53 of the Revised Code, or to drive a	3605
motorized bicycle under restrictions determined by the registrar.	3606
A temporary instruction permit and temporary instruction permit	3607
identification card to operate a motorized bicycle may be issued	3608
to a person fourteen or fifteen years old.	3609

(C) Any permit and identification card issued under this	3610
section shall be issued in the same manner as a driver's license,	3611
upon a form to be furnished by the registrar. A temporary	3612
instruction permit to drive a motor vehicle other than a	3613
commercial motor vehicle shall be valid for a period of one year.	3614

(D) Any person having in the person's possession a valid and	3615
current driver's license or motorcycle operator's license or	3616
endorsement issued to the person by another jurisdiction	3617
recognized by this state is exempt from obtaining a temporary	3618
instruction permit for a driver's license, but shall submit to the	3619
regular examination in obtaining a driver's license or motorcycle	3620
operator's endorsement in this state.	3621

(E) The registrar may adopt rules governing the use of	3622
temporary instruction permits and temporary instruction permit	3623
identification cards.	3624

(F)(1) No holder of a permit issued under division (A) of	3625
this section shall operate a motor vehicle upon a highway or any	3626
public or private property used by the public for purposes of	3627
vehicular travel or parking in violation of the conditions	3628
established under division (A) of this section.	3629

(2) Except as provided in division (F)(2) of this section, no	3630
holder of a permit that is issued under division (A) of this	3631
section and that is issued on or after July 1, 1998, and who has	3632
not attained the age of eighteen years, shall operate a motor	3633
vehicle upon a highway or any public or private property used by	3634
the public for purposes of vehicular travel or parking between the	3635
hours of midnight and six a.m.	3636

The holder of a permit issued under division (A) of this	3637
section on or after July 1, 1998, who has not attained the age of	3638
eighteen years, may operate a motor vehicle upon a highway or any	3639
public or private property used by the public for purposes of	3640
vehicular travel or parking between the hours of midnight and six	3641
a.m. if, at the time of such operation, the holder is accompanied	3642
by the holder's parent, guardian, or custodian, and the parent,	3643
guardian, or custodian holds a current valid driver's or	3644
commercial driver's license issued by this state, is actually	3645
occupying a seat beside the permit holder, and does not have a	3646
prohibited concentration of alcohol in the whole blood, blood	3647
serum or plasma, breath, or urine as provided in division (A) of	3648
section 4511.19 of the Revised Code.	3649

(G)(1) Notwithstanding any other provision of law to the	3650
contrary, no law enforcement officer shall cause the operator of a	3651
motor vehicle being operated on any street or highway to stop the	3652
motor vehicle for the sole purpose of determining whether each	3653
occupant of the motor vehicle is wearing all of the available	3654
elements of a properly adjusted occupant restraining device as	3655
required by division (A) of this section, or for the sole purpose	3656
of issuing a ticket, citation, or summons if the requirement in	3657
that division has been or is being violated, or for causing the	3658
arrest of or commencing a prosecution of a person for a violation	3659
of that requirement.	3660

(2) Notwithstanding any other provision of law to the	3661
contrary, no law enforcement officer shall cause the operator of a	3662
motor vehicle being operated on any street or highway to stop the	3663
motor vehicle for the sole purpose of determining whether a	3664
violation of division (F)(2) of this section has been or is being	3665
committed or for the sole purpose of issuing a ticket, citation,	3666
or summons for such a violation or for causing the arrest of or	3667
commencing a prosecution of a person for such violation.	3668

(H) As used in this section:

3669

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

3670

(a) An instructor of a driver training course approved by the	3671
department of public safety;	3672

(b) Any of the following persons who holds a current valid	3673
driver's or commercial driver's license issued by this state:	3674

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

3675

(ii) A person twenty-one years of age or older who acts in	3676
loco parentis of the permit holder.	3677

(2) "Occupant restraining device" has the same meaning as in	3678
section 4513.263 of the Revised Code.	3679

(I) Whoever violates division (F)(1) or (2) of this section	3680
is guilty of a minor misdemeanor.	3681

Sec. 4507.1612. The registrar of motor vehicles shall not	3682
restore any operating privileges or reissue a probationary	3683
driver's license, restricted license, driver's license, or	3684
probationary commercial driver's license suspended under section	3685
2923.122 of the Revised Code until the person whose license was	3686
suspended pays a reinstatement fee of thirty dollars to the ~~bureau~~	3687
~~of motor vehicles~~registrar or an eligible deputy registrar. In	3688
addition, each deputy registrar shall collect a service fee of ten	3689
dollars to compensate the deputy registrar for services performed	3690
under this section. The deputy registrar shall retain eight	3691
dollars of the service fee and shall transmit the reinstatement	3692
fee, plus two dollars of the service fee, to the registrar in the	3693
manner the registrar shall determine.	3694

The bureau of motor vehicles shall pay all fees collected	3695
under this section into the state treasury to the credit of the	3696
state bureau of motor vehicles fund created by section 4501.25 of	3697
the Revised Code.	3698

Sec. 4507.23. (A) Except as provided in division ~~(J)~~(I) of	3699
this section, each application for a temporary instruction permit	3700
and examination shall be accompanied by a fee of five dollars.	3701

(B) Except as provided in division ~~(J)~~(I) of this section,	3702
each application for a driver's license made by a person who	3703
previously held such a license and whose license has expired not	3704
more than two years prior to the date of application, and who is	3705
required under this chapter to give an actual demonstration of the	3706
person's ability to drive, shall be accompanied by a fee of three	3707
dollars in addition to any other fees.	3708

(C)(1) Except as provided in divisions (E) and ~~(J)~~(I) of this	3709
section, each application for a driver's license, or motorcycle	3710
operator's endorsement, or renewal of a driver's license shall be	3711
accompanied by a fee of six dollars.	3712

(2) Except as provided in division ~~(J)~~(I) of this section,	3713
each application for a duplicate driver's license shall be	3714
accompanied by a fee of seven dollars and fifty cents. The	3715
duplicate driver's licenses issued under this section shall be	3716
distributed by the deputy registrar in accordance with rules	3717
adopted by the registrar of motor vehicles.	3718

(D) Except as provided in division ~~(J)~~(I) of this section,	3719
each application for a motorized bicycle license or duplicate	3720
thereof shall be accompanied by a fee of two dollars and fifty	3721
cents.	3722

(E) Except as provided in division ~~(J)~~(I) of this section,	3723
each application for a driver's license or renewal of a driver's	3724
license that will be issued to a person who is less than	3725
twenty-one years of age shall be accompanied by whichever of the	3726
following fees is applicable:	3727

(1) If the person is sixteen years of age or older, but less	3728
than seventeen years of age, a fee of seven dollars and	3729
twenty-five cents;	3730

(2) If the person is seventeen years of age or older, but	3731
less than eighteen years of age, a fee of six dollars;	3732

(3) If the person is eighteen years of age or older, but less	3733
than nineteen years of age, a fee of four dollars and seventy-five	3734
cents;	3735

(4) If the person is nineteen years of age or older, but less	3736
than twenty years of age, a fee of three dollars and fifty cents;	3737

(5) If the person is twenty years of age or older, but less	3738
than twenty-one years of age, a fee of two dollars and twenty-five	3739
cents.	3740

(F) Neither the registrar nor any deputy registrar shall	3741
charge a fee in excess of one dollar and fifty cents for	3742
laminating a driver's license, motorized bicycle license, or	3743
temporary instruction permit identification cards as required by	3744
sections 4507.13 and 4511.521 of the Revised Code. A deputy	3745
registrar laminating a driver's license, motorized bicycle	3746
license, or temporary instruction permit identification cards	3747
shall retain the entire amount of the fee charged for lamination,	3748
less the actual cost to the registrar of the laminating materials	3749
used for that lamination, as specified in the contract executed by	3750
the bureau for the laminating materials and laminating equipment.	3751
The deputy registrar shall forward the amount of the cost of the	3752
laminating materials to the registrar for deposit as provided in	3753
this section.	3754

(G) Except as provided in division ~~(J)~~(I) of this section ~~and~~	3755
~~except for the renewal of a driver's license, commencing on~~	3756
~~October 1, 2003~~, each transaction described in divisions (A), (B),	3757
(C), (D), and (E) of this section shall be accompanied by an	3758
additional fee of twelve dollars. ~~A transaction involving the~~	3759
~~renewal of a driver's license with an expiration date on or after~~	3760
~~that date shall be accompanied by an additional fee of twelve~~	3761
~~dollars.~~ The additional fee is for the purpose of defraying the	3762
department of public safety's costs associated with the	3763
administration and enforcement of the motor vehicle and traffic	3764
laws of Ohio.	3765

(H) ~~Except as provided in division (J) of this section,~~	3766
~~commencing on October 1, 2009, if an application for a driver's~~	3767
~~license or motorcycle operator's endorsement made by a person who~~	3768
~~previously held such a license is not applied for within the~~	3769
~~period specified in section 4507.09 of the Revised Code or within~~	3770
~~seven days after the period so specified, the registrar or deputy~~	3771
~~registrar shall collect a fee of twenty dollars for the issuance~~	3772
~~of the driver's license or motorcycle endorsement, but may waive~~	3773
~~the fee for good cause shown if the application is accompanied by~~	3774
~~supporting evidence as the registrar may require. The fee shall be~~	3775
~~in addition to all other fees established by this section. A~~	3776
~~deputy registrar collecting this twenty dollar fee shall retain~~	3777
~~fifty cents and send the remaining fee to the registrar as~~	3778
~~specified in division (I) of this section.~~	3779

~~(I)~~ At the time and in the manner provided by section 4503.10	3780
of the Revised Code, the deputy registrar shall transmit the fees	3781
collected under divisions (A), (B), (C), (D), and (E), those	3782
portions of the fees specified in and collected under division	3783
(F), and the additional fee under ~~divisions~~division (G) ~~and (H)~~	3784
of this section to the registrar. The registrar shall pay two	3785
dollars and fifty cents of each fee collected under divisions (A),	3786
(B), (C)(1) and (2), (D), and (E)(1) to (4) of this section, and	3787
the entire fee collected under division (E)(5) of this section,	3788
into the state highway safety fund established in section 4501.06	3789
of the Revised Code, and such fees shall be used for the sole	3790
purpose of supporting driver licensing activities. The registrar	3791
also shall pay five dollars of each fee collected under division	3792
(C)(2) of this section and the entire fee collected under	3793
~~divisions~~division (G) ~~and (H)~~ of this section into the state	3794
highway safety fund created in section 4501.06 of the Revised	3795
Code. The remaining fees collected by the registrar under this	3796
section shall be paid into the state bureau of motor vehicles fund	3797
established in section 4501.25 of the Revised Code.	3798

~~(J)~~(I) A disabled veteran who has a service-connected	3799
disability rated at one hundred per cent by the veterans'	3800
administration may apply to the registrar or a deputy registrar	3801
for the issuance to that veteran, without the payment of any fee	3802
prescribed in this section, of any of the following items:	3803

(1) A temporary instruction permit and examination;

3804

(2) A new, renewal, or duplicate driver's or commercial	3805
driver's license;	3806

(3) A motorcycle operator's endorsement;

3807

(4) A motorized bicycle license or duplicate thereof;

3808

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

3809

~~(6)~~ Lamination of a driver's license, motorized bicycle	3810
license, or temporary instruction permit identification card as	3811
provided in division (F) of this section~~, if the circumstances~~	3812
~~specified in division (J)(6) of this section are met.~~	3813

~~A disabled veteran whose driver's license, motorized bicycle~~	3814
~~license, or temporary instruction permit identification card is~~	3815
~~laminated by the registrar or deputy registrar is not required to~~	3816
~~pay the registrar any lamination fee~~.	3817

An application made under division ~~(J)~~(I) of this section	3818
shall be accompanied by such documentary evidence of disability as	3819
the registrar may require by rule.	3820

Sec. 4507.45. If a person's driver's license, commercial	3821
driver's license, or nonresident operating privilege is suspended,	3822
disqualified, or canceled for an indefinite period of time or for	3823
a period of at least ninety days, and if at the end of the period	3824
of suspension, disqualification, or cancellation the person is	3825
eligible to have the license or privilege reinstated, the	3826
registrar of motor vehicles or an eligible deputy registrar shall	3827
collect a reinstatement fee of forty dollars when the person	3828
requests reinstatement. In addition, each deputy registrar shall	3829
collect a service fee of ten dollars to compensate the deputy	3830
registrar for services performed under this section. The deputy	3831
registrar shall retain eight dollars of the service fee and shall	3832
transmit the reinstatement fee, plus two dollars of the service	3833
fee, to the registrar in the manner the registrar shall determine.	3834
However, the registrar or an eligible deputy registrar shall not	3835
collect the fee prescribed by this section if a different driver's	3836
license, commercial driver's license, or nonresident operating	3837
privilege reinstatement fee is prescribed by law.	3838

The registrar shall deposit ten dollars of each forty-dollar	3839
fee into the state treasury to the credit of the indigent defense	3840
support fund created by section 120.08 of the Revised Code and	3841
thirty dollars of each fee into the state treasury to the credit	3842
of the state bureau of motor vehicles fund created by section	3843
4501.25 of the Revised Code.	3844

Sec. 4509.101. (A)(1) No person shall operate, or permit the	3845
operation of, a motor vehicle in this state, unless proof of	3846
financial responsibility is maintained continuously throughout the	3847
registration period with respect to that vehicle, or, in the case	3848
of a driver who is not the owner, with respect to that driver's	3849
operation of that vehicle.	3850

(2) Whoever violates division (A)(1) of this section shall be	3851
subject to the following civil penalties:	3852

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	3853
class E suspension of the person's driver's license, commercial	3854
driver's license, temporary instruction permit, probationary	3855
license, or nonresident operating privilege for the period of time	3856
specified in division (B)(5) of section 4510.02 of the Revised	3857
Code and impoundment of the person's license. The court may grant	3858
limited driving privileges to the person only if the person	3859
presents proof of financial responsibility and has complied with	3860
division (A)(5) of this section.	3861

(b) If, within five years of the violation, the person's	3862
operating privileges are again suspended and the person's license	3863
again is impounded for a violation of division (A)(1) of this	3864
section, a class C suspension of the person's driver's license,	3865
commercial driver's license, temporary instruction permit,	3866
probationary license, or nonresident operating privilege for the	3867
period of time specified in division (B)(3) of section 4510.02 of	3868
the Revised Code. The court may grant limited driving privileges	3869
to the person only if the person presents proof of financial	3870
responsibility and has complied with division (A)(5) of this	3871
section, and no court may grant limited driving privileges for the	3872
first fifteen days of the suspension.	3873

(c) If, within five years of the violation, the person's	3874
operating privileges are suspended and the person's license is	3875
impounded two or more times for a violation of division (A)(1) of	3876
this section, a class B suspension of the person's driver's	3877
license, commercial driver's license, temporary instruction	3878
permit, probationary license, or nonresident operating privilege	3879
for the period of time specified in division (B)(2) of section	3880
4510.02 of the Revised Code. No court may grant limited driving	3881
privileges during the suspension.	3882

(d) In addition to the suspension of an owner's license under	3883
division (A)(2)(a), (b), or (c) of this section, the suspension of	3884
the rights of the owner to register the motor vehicle and the	3885
impoundment of the owner's certificate of registration and license	3886
plates until the owner complies with division (A)(5) of this	3887
section.	3888

(3) A person to whom this state has issued a certificate of	3889
registration for a motor vehicle or a license to operate a motor	3890
vehicle or who is determined to have operated any motor vehicle or	3891
permitted the operation in this state of a motor vehicle owned by	3892
the person shall be required to verify the existence of proof of	3893
financial responsibility covering the operation of the motor	3894
vehicle or the person's operation of the motor vehicle under any	3895
of the following circumstances:	3896

(a) The person or a motor vehicle owned by the person is	3897
involved in a traffic accident that requires the filing of an	3898
accident report under section 4509.06 of the Revised Code.	3899

(b) The person receives a traffic ticket indicating that	3900
proof of the maintenance of financial responsibility was not	3901
produced upon the request of a peace officer or state highway	3902
patrol trooper made in accordance with division (D)(2) of this	3903
section.	3904

(c) Whenever, in accordance with rules adopted by the	3905
registrar, the person is randomly selected by the registrar and	3906
requested to provide such verification.	3907

(4) An order of the registrar that suspends and impounds a	3908
license or registration, or both, shall state the date on or	3909
before which the person is required to surrender the person's	3910
license or certificate of registration and license plates. The	3911
person is deemed to have surrendered the license or certificate of	3912
registration and license plates, in compliance with the order, if	3913
the person does either of the following:	3914

(a) On or before the date specified in the order, personally	3915
delivers the license or certificate of registration and license	3916
plates, or causes the delivery of the items, to the registrar;	3917

(b) Mails the license or certificate of registration and	3918
license plates to the registrar in an envelope or container	3919
bearing a postmark showing a date no later than the date specified	3920
in the order.	3921

(5) Except as provided in division (A)(6) or (L) of this	3922
section, the registrar shall not restore any operating privileges	3923
or registration rights suspended under this section, return any	3924
license, certificate of registration, or license plates impounded	3925
under this section, or reissue license plates under section	3926
4503.232 of the Revised Code, if the registrar destroyed the	3927
impounded license plates under that section, or reissue a license	3928
under section 4510.52 of the Revised Code, if the registrar	3929
destroyed the suspended license under that section, unless the	3930
rights are not subject to suspension or revocation under any other	3931
law and unless the person, in addition to complying with all other	3932
conditions required by law for reinstatement of the operating	3933
privileges or registration rights, complies with all of the	3934
following:	3935

(a) Pays to the registrar or an eligible deputy registrar a	3936
financial responsibility reinstatement fee of one hundred dollars	3937
for the first violation of division (A)(1) of this section, three	3938
hundred dollars for a second violation of that division, and six	3939
hundred dollars for a third or subsequent violation of that	3940
division;	3941

(b) If the person has not voluntarily surrendered the	3942
license, certificate, or license plates in compliance with the	3943
order, pays to the registrar or an eligible deputy registrar a	3944
financial responsibility nonvoluntary compliance fee in an amount,	3945
not to exceed fifty dollars, determined by the registrar;	3946

(c) Files and continuously maintains proof of financial	3947
responsibility under sections 4509.44 to 4509.65 of the Revised	3948
Code;	3949

(d) Pays a deputy registrar a service fee of ten dollars to	3950
compensate the deputy registrar for services performed under this	3951
section. The deputy registrar shall retain eight dollars of the	3952
service fee and shall transmit the reinstatement fee, any	3953
nonvoluntary compliance fee, and two dollars of the service fee to	3954
the registrar in the manner the registrar shall determine.	3955

(6) If the registrar issues an order under division (A)(2) of	3956
this section resulting from the failure of a person to respond to	3957
a financial responsibility random verification request under	3958
division (A)(3)(c) of this section and the person successfully	3959
maintains an affirmative defense to a violation of section 4510.16	3960
of the Revised Code or is determined by the registrar or a deputy	3961
registrar to have been in compliance with division (A)(1) of this	3962
section at the time of the initial financial responsibility random	3963
verification request, the registrar shall do both of the	3964
following:	3965

(a) Terminate the order of suspension or impoundment;

3966

(b) Restore the operating privileges and registration rights	3967
of the person without payment of the fees established in divisions	3968
(A)(5)(a) and (b) of this section and without a requirement to	3969
file proof of financial responsibility.	3970

(B)(1) Every party required to file an accident report under	3971
section 4509.06 of the Revised Code also shall include with the	3972
report a document described in division (G)(1) of this section.	3973

If the registrar determines, within forty-five days after the	3974
report is filed, that an operator or owner has violated division	3975
(A)(1) of this section, the registrar shall do all of the	3976
following:	3977

(a) Order the impoundment, with respect to the motor vehicle	3978
involved, required under division (A)(2)(d) of this section, of	3979
the certificate of registration and license plates of any owner	3980
who has violated division (A)(1) of this section;	3981

(b) Order the suspension required under division (A)(2)(a),	3982
(b), or (c) of this section of the license of any operator or	3983
owner who has violated division (A)(1) of this section;	3984

(c) Record the name and address of the person whose	3985
certificate of registration and license plates have been impounded	3986
or are under an order of impoundment, or whose license has been	3987
suspended or is under an order of suspension; the serial number of	3988
the person's license; the serial numbers of the person's	3989
certificate of registration and license plates; and the person's	3990
social security account number, if assigned, or, where the motor	3991
vehicle is used for hire or principally in connection with any	3992
established business, the person's federal taxpayer identification	3993
number. The information shall be recorded in such a manner that it	3994
becomes a part of the person's permanent record, and assists the	3995
registrar in monitoring compliance with the orders of suspension	3996
or impoundment.	3997

(d) Send written notification to every person to whom the	3998
order pertains, at the person's last known address as shown on the	3999
records of the bureau. The person, within ten days after the date	4000
of the mailing of the notification, shall surrender to the	4001
registrar, in a manner set forth in division (A)(4) of this	4002
section, any certificate of registration and registration plates	4003
under an order of impoundment, or any license under an order of	4004
suspension.	4005

(2) The registrar shall issue any order under division (B)(1)	4006
of this section without a hearing. Any person adversely affected	4007
by the order, within ten days after the issuance of the order, may	4008
request an administrative hearing before the registrar, who shall	4009
provide the person with an opportunity for a hearing in accordance	4010
with this paragraph. A request for a hearing does not operate as a	4011
suspension of the order. The scope of the hearing shall be limited	4012
to whether the person in fact demonstrated to the registrar proof	4013
of financial responsibility in accordance with this section. The	4014
registrar shall determine the date, time, and place of any	4015
hearing, provided that the hearing shall be held, and an order	4016
issued or findings made, within thirty days after the registrar	4017
receives a request for a hearing. If requested by the person in	4018
writing, the registrar may designate as the place of hearing the	4019
county seat of the county in which the person resides or a place	4020
within fifty miles of the person's residence. The person shall pay	4021
the cost of the hearing before the registrar, if the registrar's	4022
order of suspension or impoundment is upheld.	4023

(C) Any order of suspension or impoundment issued under this	4024
section or division (B) of section 4509.37 of the Revised Code may	4025
be terminated at any time if the registrar determines upon a	4026
showing of proof of financial responsibility that the operator or	4027
owner of the motor vehicle was in compliance with division (A)(1)	4028
of this section at the time of the traffic offense, motor vehicle	4029
inspection, or accident that resulted in the order against the	4030
person. A determination may be made without a hearing. This	4031
division does not apply unless the person shows good cause for the	4032
person's failure to present satisfactory proof of financial	4033
responsibility to the registrar prior to the issuance of the	4034
order.	4035

(D)(1) For the purpose of enforcing this section, every peace	4036
officer is deemed an agent of the registrar.	4037

(a) Except as provided in division (D)(1)(b) of this section,	4038
any peace officer who, in the performance of the peace officer's	4039
duties as authorized by law, becomes aware of a person whose	4040
license is under an order of suspension, or whose certificate of	4041
registration and license plates are under an order of impoundment,	4042
pursuant to this section, may confiscate the license, certificate	4043
of registration, and license plates, and return them to the	4044
registrar.	4045

(b) Any peace officer who, in the performance of the peace	4046
officer's duties as authorized by law, becomes aware of a person	4047
whose license is under an order of suspension, or whose	4048
certificate of registration and license plates are under an order	4049
of impoundment resulting from failure to respond to a financial	4050
responsibility random verification, shall not, for that reason,	4051
arrest the owner or operator or seize the vehicle or license	4052
plates. Instead, the peace officer shall issue a citation for a	4053
violation of section 4510.16 of the Revised Code specifying the	4054
circumstances as failure to respond to a financial responsibility	4055
random verification.	4056

(2) A peace officer shall request the owner or operator of a	4057
motor vehicle to produce proof of financial responsibility in a	4058
manner described in division (G) of this section at the time the	4059
peace officer acts to enforce the traffic laws of this state and	4060
during motor vehicle inspections conducted pursuant to section	4061
4513.02 of the Revised Code.	4062

(3) A peace officer shall indicate on every traffic ticket	4063
whether the person receiving the traffic ticket produced proof of	4064
the maintenance of financial responsibility in response to the	4065
officer's request under division (D)(2) of this section. The peace	4066
officer shall inform every person who receives a traffic ticket	4067
and who has failed to produce proof of the maintenance of	4068
financial responsibility that the person must submit proof to the	4069
traffic violations bureau with any payment of a fine and costs for	4070
the ticketed violation or, if the person is to appear in court for	4071
the violation, the person must submit proof to the court.	4072

(4)(a) If a person who has failed to produce proof of the	4073
maintenance of financial responsibility appears in court for a	4074
ticketed violation, the court may permit the defendant to present	4075
evidence of proof of financial responsibility to the court at such	4076
time and in such manner as the court determines to be necessary or	4077
appropriate. In a manner prescribed by the registrar, the clerk of	4078
courts shall provide the registrar with the identity of any person	4079
who fails to submit proof of the maintenance of financial	4080
responsibility pursuant to division (D)(3) of this section.	4081

(b) If a person who has failed to produce proof of the	4082
maintenance of financial responsibility also fails to submit that	4083
proof to the traffic violations bureau with payment of a fine and	4084
costs for the ticketed violation, the traffic violations bureau,	4085
in a manner prescribed by the registrar, shall notify the	4086
registrar of the identity of that person.	4087

(5)(a) Upon receiving notice from a clerk of courts or	4088
traffic violations bureau pursuant to division (D)(4) of this	4089
section, the registrar shall order the suspension of the license	4090
of the person required under division (A)(2)(a), (b), or (c) of	4091
this section and the impoundment of the person's certificate of	4092
registration and license plates required under division (A)(2)(d)	4093
of this section, effective thirty days after the date of the	4094
mailing of notification. The registrar also shall notify the	4095
person that the person must present the registrar with proof of	4096
financial responsibility in accordance with this section,	4097
surrender to the registrar the person's certificate of	4098
registration, license plates, and license, or submit a statement	4099
subject to section 2921.13 of the Revised Code that the person did	4100
not operate or permit the operation of the motor vehicle at the	4101
time of the offense. Notification shall be in writing and shall be	4102
sent to the person at the person's last known address as shown on	4103
the records of the bureau of motor vehicles. The person, within	4104
fifteen days after the date of the mailing of notification, shall	4105
present proof of financial responsibility, surrender the	4106
certificate of registration, license plates, and license to the	4107
registrar in a manner set forth in division (A)(4) of this	4108
section, or submit the statement required under this section	4109
together with other information the person considers appropriate.	4110

If the registrar does not receive proof or the person does	4111
not surrender the certificate of registration, license plates, and	4112
license, in accordance with this division, the registrar shall	4113
permit the order for the suspension of the license of the person	4114
and the impoundment of the person's certificate of registration	4115
and license plates to take effect.	4116

(b) In the case of a person who presents, within the	4117
fifteen-day period, documents to show proof of financial	4118
responsibility, the registrar shall terminate the order of	4119
suspension and the impoundment of the registration and license	4120
plates required under division (A)(2)(d) of this section and shall	4121
send written notification to the person, at the person's last	4122
known address as shown on the records of the bureau.	4123

(c) Any person adversely affected by the order of the	4124
registrar under division (D)(5)(a) or (b) of this section, within	4125
ten days after the issuance of the order, may request an	4126
administrative hearing before the registrar, who shall provide the	4127
person with an opportunity for a hearing in accordance with this	4128
paragraph. A request for a hearing does not operate as a	4129
suspension of the order. The scope of the hearing shall be limited	4130
to whether, at the time of the hearing, the person presents proof	4131
of financial responsibility covering the vehicle and whether the	4132
person is eligible for an exemption in accordance with this	4133
section or any rule adopted under it. The registrar shall	4134
determine the date, time, and place of any hearing; provided, that	4135
the hearing shall be held, and an order issued or findings made,	4136
within thirty days after the registrar receives a request for a	4137
hearing. If requested by the person in writing, the registrar may	4138
designate as the place of hearing the county seat of the county in	4139
which the person resides or a place within fifty miles of the	4140
person's residence. Such person shall pay the cost of the hearing	4141
before the registrar, if the registrar's order of suspension or	4142
impoundment under division (D)(5)(a) or (b) of this section is	4143
upheld.	4144

(6) A peace officer may charge an owner or operator of a	4145
motor vehicle with a violation of section 4510.16 of the Revised	4146
Code when the owner or operator fails to show proof of the	4147
maintenance of financial responsibility pursuant to a peace	4148
officer's request under division (D)(2) of this section, if a	4149
check of the owner or operator's driving record indicates that the	4150
owner or operator, at the time of the operation of the motor	4151
vehicle, is required to file and maintain proof of financial	4152
responsibility under section 4509.45 of the Revised Code for a	4153
previous violation of this chapter.	4154

(7) Any forms used by law enforcement agencies in	4155
administering this section shall be prescribed, supplied, and paid	4156
for by the registrar.	4157

(8) No peace officer, law enforcement agency employing a	4158
peace officer, or political subdivision or governmental agency	4159
that employs a peace officer shall be liable in a civil action for	4160
damages or loss to persons arising out of the performance of any	4161
duty required or authorized by this section.	4162

(9) As used in this division and divisions (E) and (G) of	4163
this section, "peace officer" has the meaning set forth in section	4164
2935.01 of the Revised Code.	4165

(E) All fees, except court costs, fees paid to a deputy	4166
registrar, and those portions of the financial responsibility	4167
reinstatement fees as otherwise specified in this division,	4168
collected under this section shall be paid into the state treasury	4169
to the credit of the financial responsibility compliance fund. The	4170
financial responsibility compliance fund shall be used exclusively	4171
to cover costs incurred by the bureau in the administration of	4172
this section and sections 4503.20, 4507.212, and 4509.81 of the	4173
Revised Code, and by any law enforcement agency employing any	4174
peace officer who returns any license, certificate of	4175
registration, and license plates to the registrar pursuant to	4176
division (C) of this section, except that the director of budget	4177
and management may transfer excess money from the financial	4178
responsibility compliance fund to the state bureau of motor	4179
vehicles fund if the registrar determines that the amount of money	4180
in the financial responsibility compliance fund exceeds the amount	4181
required to cover such costs incurred by the bureau or a law	4182
enforcement agency and requests the director to make the transfer.	4183

Of each financial responsibility reinstatement fee the	4184
registrar collects pursuant to division (A)(5)(a) of this section	4185
or receives from a deputy registrar under division (A)(5)(d) of	4186
this section, the registrar shall deposit twenty-five dollars of	4187
each one-hundred-dollar reinstatement fee, fifty dollars of each	4188
three-hundred-dollar reinstatement fee, and one hundred dollars of	4189
each six-hundred-dollar reinstatement fee into the state treasury	4190
to the credit of the indigent defense support fund created by	4191
section 120.08 of the Revised Code.	4192

All investment earnings of the financial responsibility	4193
compliance fund shall be credited to the fund.	4194

(F) Chapter 119. of the Revised Code applies to this section	4195
only to the extent that any provision in that chapter is not	4196
clearly inconsistent with this section.	4197

(G)(1) The registrar, court, traffic violations bureau, or	4198
peace officer may require proof of financial responsibility to be	4199
demonstrated by use of a standard form prescribed by the	4200
registrar. If the use of a standard form is not required, a person	4201
may demonstrate proof of financial responsibility under this	4202
section by presenting to the traffic violations bureau, court,	4203
registrar, or peace officer any of the following documents or a	4204
copy of the documents:	4205

(a) A financial responsibility identification card as	4206
provided in section 4509.103 of the Revised Code;	4207

(b) A certificate of proof of financial responsibility on a	4208
form provided and approved by the registrar for the filing of an	4209
accident report required to be filed under section 4509.06 of the	4210
Revised Code;	4211

(c) A policy of liability insurance, a declaration page of a	4212
policy of liability insurance, or liability bond, if the policy or	4213
bond complies with section 4509.20 or sections 4509.49 to 4509.61	4214
of the Revised Code;	4215

(d) A bond or certification of the issuance of a bond as	4216
provided in section 4509.59 of the Revised Code;	4217

(e) A certificate of deposit of money or securities as	4218
provided in section 4509.62 of the Revised Code;	4219

(f) A certificate of self-insurance as provided in section	4220
4509.72 of the Revised Code.	4221

(2) If a person fails to demonstrate proof of financial	4222
responsibility in a manner described in division (G)(1) of this	4223
section, the person may demonstrate proof of financial	4224
responsibility under this section by any other method that the	4225
court or the bureau, by reason of circumstances in a particular	4226
case, may consider appropriate.	4227

(3) A motor carrier certificated by the interstate commerce	4228
commission or by the public utilities commission may demonstrate	4229
proof of financial responsibility by providing a statement	4230
designating the motor carrier's operating authority and averring	4231
that the insurance coverage required by the certificating	4232
authority is in full force and effect.	4233

(4)(a) A finding by the registrar or court that a person is	4234
covered by proof of financial responsibility in the form of an	4235
insurance policy or surety bond is not binding upon the named	4236
insurer or surety or any of its officers, employees, agents, or	4237
representatives and has no legal effect except for the purpose of	4238
administering this section.	4239

(b) The preparation and delivery of a financial	4240
responsibility identification card or any other document	4241
authorized to be used as proof of financial responsibility under	4242
this division does not do any of the following:	4243

(i) Create any liability or estoppel against an insurer or	4244
surety, or any of its officers, employees, agents, or	4245
representatives;	4246

(ii) Constitute an admission of the existence of, or of any	4247
liability or coverage under, any policy or bond;	4248

(iii) Waive any defenses or counterclaims available to an	4249
insurer, surety, agent, employee, or representative in an action	4250
commenced by an insured or third-party claimant upon a cause of	4251
action alleged to have arisen under an insurance policy or surety	4252
bond or by reason of the preparation and delivery of a document	4253
for use as proof of financial responsibility.	4254

(c) Whenever it is determined by a final judgment in a	4255
judicial proceeding that an insurer or surety, which has been	4256
named on a document accepted by a court or the registrar as proof	4257
of financial responsibility covering the operation of a motor	4258
vehicle at the time of an accident or offense, is not liable to	4259
pay a judgment for injuries or damages resulting from such	4260
operation, the registrar, notwithstanding any previous contrary	4261
finding, shall forthwith suspend the operating privileges and	4262
registration rights of the person against whom the judgment was	4263
rendered as provided in division (A)(2) of this section.	4264

(H) In order for any document described in division (G)(1)(b)	4265
of this section to be used for the demonstration of proof of	4266
financial responsibility under this section, the document shall	4267
state the name of the insured or obligor, the name of the insurer	4268
or surety company, and the effective and expiration dates of the	4269
financial responsibility, and designate by explicit description or	4270
by appropriate reference all motor vehicles covered which may	4271
include a reference to fleet insurance coverage.	4272

(I) For purposes of this section, "owner" does not include a	4273
licensed motor vehicle leasing dealer as defined in section	4274
4517.01 of the Revised Code, but does include a motor vehicle	4275
renting dealer as defined in section 4549.65 of the Revised Code.	4276
Nothing in this section or in section 4509.51 of the Revised Code	4277
shall be construed to prohibit a motor vehicle renting dealer from	4278
entering into a contractual agreement with a person whereby the	4279
person renting the motor vehicle agrees to be solely responsible	4280
for maintaining proof of financial responsibility, in accordance	4281
with this section, with respect to the operation, maintenance, or	4282
use of the motor vehicle during the period of the motor vehicle's	4283
rental.	4284

(J) The purpose of this section is to require the maintenance	4285
of proof of financial responsibility with respect to the operation	4286
of motor vehicles on the highways of this state, so as to minimize	4287
those situations in which persons are not compensated for injuries	4288
and damages sustained in motor vehicle accidents. The general	4289
assembly finds that this section contains reasonable civil	4290
penalties and procedures for achieving this purpose.	4291

(K) Nothing in this section shall be construed to be subject	4292
to section 4509.78 of the Revised Code.	4293

(L)(1) The registrar may terminate any suspension imposed	4294
under this section and not require the owner to comply with	4295
divisions (A)(5)(a), (b), and (c) of this section if the registrar	4296
with or without a hearing determines that the owner of the vehicle	4297
has established by clear and convincing evidence that all of the	4298
following apply:	4299

(a) The owner customarily maintains proof of financial	4300
responsibility.	4301

(b) Proof of financial responsibility was not in effect for	4302
the vehicle on the date in question for one of the following	4303
reasons:	4304

(i) The vehicle was inoperable.

4305

(ii) The vehicle is operated only seasonally, and the date in	4306
question was outside the season of operation.	4307

(iii) A person other than the vehicle owner or driver was at	4308
fault for the lapse of proof of financial responsibility through	4309
no fault of the owner or driver.	4310

(iv) The lapse of proof of financial responsibility was	4311
caused by excusable neglect under circumstances that are not	4312
likely to recur and do not suggest a purpose to evade the	4313
requirements of this chapter.	4314

(2) The registrar may grant an owner or driver relief for a	4315
reason specified in division (L)(1)(b)(i) or (ii) of this section	4316
whenever the owner or driver is randomly selected to verify the	4317
existence of proof of financial responsibility for such a vehicle.	4318
However, the registrar may grant an owner or driver relief for a	4319
reason specified in division (L)(1)(b)(iii) or (iv) of this	4320
section only if the owner or driver has not previously been	4321
granted relief under division (L)(1)(b)(iii) or (iv) of this	4322
section.	4323

(M) The registrar shall adopt rules in accordance with	4324
Chapter 119. of the Revised Code that are necessary to administer	4325
and enforce this section. The rules shall include procedures for	4326
the surrender of license plates upon failure to maintain proof of	4327
financial responsibility and provisions relating to reinstatement	4328
of registration rights, acceptable forms of proof of financial	4329
responsibility, and verification of the existence of financial	4330
responsibility during the period of registration.	4331

Sec. 4509.81. (A) Upon receipt of a notification of	4332
violation as provided in division (C) of section 4509.80 of the	4333
Revised Code; upon failure of a timely surrender of the livery	4334
license plate sticker as required by division (D) of section	4335
4509.80 of the Revised Code; or if the registrar of motor	4336
vehicles, upon receipt of notification from an insurer of the	4337
imminent cancellation or termination of coverage required by	4338
section 4509.80 of the Revised Code, fails to receive evidence of	4339
a continuation or substitution of coverage prior to the	4340
cancellation or termination date, the registrar shall order the	4341
immediate suspension of the rights of the owner of the chauffeured	4342
limousine described in the notice to register the limousine and	4343
the impoundment of the certificate of registration and	4344
registration plates for the limousine. The registrar shall notify	4345
the owner that the owner must surrender the certificate of	4346
registration and registration plates to the registrar. The	4347
notification shall be in writing and sent to the owner at the	4348
owner's last known address as shown in the records of the bureau	4349
of motor vehicles. Proceedings under this section are deemed	4350
special, summary statutory proceedings.	4351

(B) The order of suspension and impoundment of a registration	4352
shall state the date on or before which the owner of the	4353
chauffeured limousine involved is required to surrender the	4354
certificate of registration and registration plates to the	4355
registrar. The owner shall be deemed to have surrendered the	4356
certificate of registration and registration plates if the owner	4357
causes the items to be delivered to the registrar on or before the	4358
date specified in the order or mails the items to the registrar in	4359
an envelope or container bearing a postmark showing a date no	4360
later than the date specified in the order.	4361

(C) The registrar shall not restore any registration rights	4362
suspended under this section, return any certificate of	4363
registration or registration plates impounded under this section,	4364
or reissue registration plates under section 4503.232 of the	4365
Revised Code, if the registrar destroyed the impounded	4366
registration plates under that section, unless those rights are	4367
not subject to suspension under any other law and unless the owner	4368
complies with both of the following:	4369

(1) Pays to the registrar or an eligible deputy registrar a	4370
financial responsibility reinstatement fee of thirty dollars. The	4371
reinstatement fee may be increased, upon approval of the	4372
controlling board, up to an amount not exceeding fifty dollars. In	4373
addition, pays a service fee of ten dollars to each deputy	4374
registrar to compensate the deputy registrar for services	4375
performed under this section. The deputy registrar shall retain	4376
eight dollars of the service fee and shall transmit the	4377
reinstatement fee and two dollars of the service fee to the	4378
registrar in the manner the registrar shall determine.	4379

(2) Files and maintains proof of financial responsibility	4380
under section 4509.80 of the Revised Code.	4381

(D) Any owner adversely affected by the order of the	4382
registrar under this section may, within ten days after the	4383
issuance of the order, request an administrative hearing before	4384
the registrar, who shall provide the owner with an opportunity for	4385
a hearing in accordance with this division. A request for a	4386
hearing does not operate as a suspension of the order unless the	4387
owner establishes to the satisfaction of the registrar that the	4388
operation of the owner's chauffeured limousine will be covered by	4389
proof of financial responsibility during the pendency of the	4390
appeal. The scope of the hearing shall be limited to whether the	4391
owner in fact demonstrated to the registrar proof of financial	4392
responsibility in accordance with section 4509.80 of the Revised	4393
Code. The registrar shall determine the date, time, and place of	4394
any hearing, provided that the hearing shall be held and an order	4395
issued or findings made within thirty days after the registrar	4396
receives a request for a hearing. If requested by the owner in	4397
writing, the registrar may designate as the place of hearing the	4398
county seat of the county in which the owner resides or a place	4399
within fifty miles of the owner's residence. The owner shall pay	4400
the cost of the hearing before the registrar, if the registrar's	4401
order of suspension or impoundment is upheld.	4402

(E) Any order of suspension or impoundment issued under this	4403
section may be terminated at any time if the registrar determines	4404
upon a showing of proof of financial responsibility that the owner	4405
of the limousine was in compliance with section 4509.80 of the	4406
Revised Code at the time of the incident that resulted in the	4407
order against the owner. Such a determination may be made without	4408
a hearing.	4409

(F) All fees except the two dollar service fee transmitted to	4410
the registrar by a deputy registrar, that are collected by the	4411
registrar or transmitted to the registrar under this section shall	4412
be paid into the state treasury to the credit of the financial	4413
responsibility compliance fund created by section 4509.101 of the	4414
Revised Code.	4415

(G) Chapter 119. of the Revised Code applies to this section	4416
only to the extent that any provision in that chapter is not	4417
clearly inconsistent with this section.	4418

(H)(1) Proof of financial responsibility may be demonstrated	4419
by any of the methods authorized in section 4509.80 of the Revised	4420
Code.	4421

(2) Divisions (G)(4)(a) and (b) of section 4509.101 of the	4422
Revised Code apply to any finding by the registrar under this	4423
section that an owner is covered by proof of financial	4424
responsibility.	4425

Sec. 4510.10. (A) As used in this section, "reinstatement	4426
fees" means the fees that are required under section 4507.1612,	4427
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	4428
provision of the Revised Code, or under a schedule established by	4429
the bureau of motor vehicles, in order to reinstate a driver's or	4430
commercial driver's license or permit or nonresident operating	4431
privilege of an offender under a suspension.	4432

(B) Reinstatement fees are those fees that compensate the	4433
bureau of motor vehicles for suspensions, cancellations, or	4434
disqualifications of a person's driving privileges and to	4435
compensate the bureau and other agencies in their administration	4436
of programs intended to reduce and eliminate threats to public	4437
safety through education, treatment, and other activities. The	4438
registrar of motor vehicles shall not reinstate a driver's or	4439
commercial driver's license or permit or nonresident operating	4440
privilege of a person until the person has paid all reinstatement	4441
fees and has complied with all conditions for each suspension,	4442
cancellation, or disqualification incurred by that person.	4443

(C) When a municipal court or county court determines in a	4444
pending case involving an offender that the offender cannot	4445
reasonably pay reinstatement fees due and owing by the offender	4446
relative to one or more suspensions that have been or will be	4447
imposed by the bureau of motor vehicles or by a court of this	4448
state, the court, by order, may undertake an installment payment	4449
plan or a payment extension plan for the payment of reinstatement	4450
fees due and owing to the bureau in that pending case. The court	4451
shall establish an installment payment plan or a payment extension	4452
plan under this division in accordance with the requirements of	4453
divisions (D)(1) and (2) of this section.	4454

(D) Independent of the provisions of division (C) of this	4455
section, an offender who cannot reasonably pay reinstatement fees	4456
due and owing by the offender relative to a suspension that has	4457
been imposed on the offender may file a petition in the municipal	4458
court, county court, or, if the person is under the age of	4459
eighteen, the juvenile division of the court of common pleas in	4460
whose jurisdiction the person resides or, if the person is not a	4461
resident of this state, in the Franklin county municipal court or	4462
juvenile division of the Franklin county court of common pleas for	4463
an order that does either of the following, in order of	4464
preference:	4465

(1) Establishes a reasonable payment plan of not less than	4466
fifty dollars per month, to be paid by the offender to the ~~bureau~~	4467
registrar of motor vehicles or an eligible deputy registrar, in	4468
all succeeding months until all reinstatement fees required of the	4469
offender are paid in full;. If the person is making payments to a	4470
deputy registrar, the deputy registrar shall collect a service fee	4471
of ten dollars each time the deputy registrar collects a payment	4472
to compensate the deputy registrar for services performed under	4473
this section. The deputy registrar shall retain eight dollars of	4474
the service fee and shall transmit the reinstatement payments,	4475
plus two dollars of each service fee, to the registrar in the	4476
manner the registrar shall determine.	4477

(2) If the offender, but for the payment of the reinstatement	4478
fees, otherwise would be entitled to operate a vehicle in this	4479
state or to obtain reinstatement of the offender's operating	4480
privileges, permits the offender to operate a motor vehicle, as	4481
authorized by the court, until a future date upon which date all	4482
reinstatement fees must be paid in full. A payment extension	4483
granted under this division shall not exceed one hundred eighty	4484
days, and any operating privileges granted under this division	4485
shall be solely for the purpose of permitting the offender	4486
occupational or "family necessity" privileges in order to enable	4487
the offender to reasonably acquire the delinquent reinstatement	4488
fees due and owing.	4489

(E) If a municipal court, county court, or juvenile division	4490
enters an order of the type described in division (C) or division	4491
(D)(1) or (2) of this section, the court, at any time after the	4492
issuance of the order, may determine that a change of	4493
circumstances has occurred and may amend the order as justice	4494
requires, provided that the amended order also shall be an order	4495
that is permitted under division (C) or division (D)(1) or (2) of	4496
this section.	4497

(F) If a court enters an order of the type described in	4498
division (C), (D)(1), (D)(2), or (E) of this section, during the	4499
pendency of the order, the offender in relation to whom it applies	4500
is not subject to prosecution for failing to pay the reinstatement	4501
fees covered by the order.	4502

(G) Reinstatement fees are debts that may be discharged in	4503
bankruptcy.	4504

Sec. 4510.22. (A) If a person who has a current valid Ohio	4505
driver's, commercial driver's license, or temporary instruction	4506
permit is charged with a violation of any provision in sections	4507
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	4508
4549.65 of the Revised Code that is classified as a misdemeanor of	4509
the first, second, third, or fourth degree or with a violation of	4510
any substantially equivalent municipal ordinance and if the person	4511
either fails to appear in court at the required time and place to	4512
answer the charge or pleads guilty to or is found guilty of the	4513
violation and fails within the time allowed by the court to pay	4514
the fine imposed by the court, the court shall declare the	4515
forfeiture of the person's license. Thirty days after the	4516
declaration of forfeiture, the court shall inform the registrar of	4517
motor vehicles of the forfeiture by entering information relative	4518
to the of forfeiture on a form approved and furnished by the	4519
registrar and sending the form to the registrar. The court also	4520
shall forward the person's license, if it is in the possession of	4521
the court, to the registrar.	4522

The registrar shall impose a class F suspension of the	4523
person's driver's or commercial driver's license, or temporary	4524
instruction permit for the period of time specified in division	4525
(B)(6) of section 4510.02 of the Revised Code on any person who is	4526
named in a declaration received by the registrar under this	4527
section. The registrar shall send written notification of the	4528
suspension to the person at the person's last known address and,	4529
if the person is in possession of the license, order the person to	4530
surrender the person's license or permit to the registrar within	4531
forty-eight hours.	4532

No valid driver's or commercial driver's license shall be	4533
granted to the person after the suspension, unless the court	4534
having jurisdiction of the offense that led to the suspension	4535
orders that the forfeiture be terminated. The court shall order	4536
the termination of the forfeiture if the person thereafter appears	4537
to answer the charge and pays any fine imposed by the court or	4538
pays the fine originally imposed by the court. The court shall	4539
inform the registrar of the termination of the forfeiture by	4540
entering information relative to the termination on a form	4541
approved and furnished by the registrar and sending the form to	4542
the registrar. The person shall pay to the ~~bureau~~registrar of	4543
motor vehicles or an eligible deputy registrar a	4544
twenty-five-dollar reinstatement fee. In addition, each deputy	4545
registrar shall collect a service fee of ten dollars to compensate	4546
the deputy registrar for services performed under this section.	4547
The deputy registrar shall retain eight dollars of the service fee	4548
and shall transmit the reinstatement fee, plus two dollars of the	4549
service fee, to the registrar in the manner the registrar shall	4550
determine. The registrar shall deposit fifteen dollars of the	4551
reinstatement fee into the state treasury to the credit of the	4552
state bureau of motor vehicles fund created by section 4501.25 of	4553
the Revised Code to cover the costs of the bureau in administering	4554
this section and shall deposit ten dollars of the fee into the	4555
state treasury to the credit of the indigent defense support fund	4556
created by section 120.08 of the Revised Code.	4557

(B) In addition to suspending the driver's or commercial	4558
driver's license or permit of the person named in a declaration of	4559
forfeiture, the registrar, upon receipt from the court of the copy	4560
of the declaration of forfeiture, shall take any measures that may	4561
be necessary to ensure that neither the registrar nor any deputy	4562
registrar accepts any application for the registration or transfer	4563
of registration of any motor vehicle owned or leased by the person	4564
named in the declaration of forfeiture. However, for a motor	4565
vehicle leased by a person named in a declaration of forfeiture,	4566
the registrar shall not implement the preceding sentence until the	4567
registrar adopts procedures for that implementation under section	4568
4503.39 of the Revised Code. The period of denial of registration	4569
or transfer shall continue until such time as the court having	4570
jurisdiction of the offense that led to the suspension orders the	4571
forfeiture be terminated. Upon receipt by the registrar of an	4572
order terminating the forfeiture, the registrar also shall take	4573
any measures that may be necessary to permit the person to	4574
register a motor vehicle owned or leased by the person or to	4575
transfer the registration of such a motor vehicle, if the person	4576
later makes application to take such action and otherwise is	4577
eligible to register the motor vehicle or to transfer its	4578
registration.	4579

The registrar shall not be required to give effect to any	4580
declaration of forfeiture or order terminating a forfeiture	4581
provided by a court under this section unless the information	4582
contained in the declaration or order is transmitted to the	4583
registrar by means of an electronic transfer system. The registrar	4584
shall not restore the person's driving or vehicle registration	4585
privileges until the person pays the reinstatement fee as provided	4586
in this section.	4587

The period of denial relating to the issuance or transfer of	4588
a certificate of registration for a motor vehicle imposed pursuant	4589
to this division remains in effect until the person pays any fine	4590
imposed by the court relative to the offense.	4591

Sec. 4510.43. (A)(1) The director of public safety, upon	4592
consultation with the director of health and in accordance with	4593
Chapter 119. of the Revised Code, shall certify immobilizing and	4594
disabling devices and, subject to section 4510.45 of the Revised	4595
Code, shall publish and make available to the courts, without	4596
charge, a list of licensed manufacturers of ignition interlock	4597
devices and approved devices together with information about the	4598
manufacturers of the devices and where they may be obtained. The	4599
manufacturer of an immobilizing or disabling device shall pay the	4600
cost of obtaining the certification of the device to the director	4601
of public safety, and the director shall deposit the payment in	4602
the ~~drivers' treatment and intervention~~indigent drivers alcohol	4603
treatment fund established by ~~sections 4511.19 and~~section	4604
4511.191 of the Revised Code.	4605

(2) The director of public safety, in accordance with Chapter	4606
119. of the Revised Code, shall adopt and publish rules setting	4607
forth the requirements for obtaining the certification of an	4608
immobilizing or disabling device. The director of public safety	4609
shall not certify an immobilizing or disabling device under this	4610
section unless it meets the requirements specified and published	4611
by the director in the rules adopted pursuant to this division. A	4612
certified device may consist of an ignition interlock device, an	4613
ignition blocking device initiated by time or magnetic or	4614
electronic encoding, an activity monitor, or any other device that	4615
reasonably assures compliance with an order granting limited	4616
driving privileges. Ignition interlock devices shall be certified	4617
annually.	4618

The requirements for an immobilizing or disabling device that	4619
is an ignition interlock device shall require that the	4620
manufacturer of the device submit to the department of public	4621
safety a certificate from an independent testing laboratory	4622
indicating that the device meets or exceeds the standards of the	4623
national highway traffic safety administration, as defined in	4624
section 4511.19 of the Revised Code, that are in effect at the	4625
time of the director's decision regarding certification of the	4626
device, shall include provisions for setting a minimum and maximum	4627
calibration range, and shall include, but shall not be limited to,	4628
specifications that the device complies with all of the following:	4629

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

4630

(b) It has features that make circumvention difficult and	4631
that do not interfere with the normal use of the vehicle, and the	4632
features are operating and functioning.	4633

(c) It correlates well with established measures of alcohol	4634
impairment.	4635

(d) It works accurately and reliably in an unsupervised	4636
environment.	4637

(e) It is resistant to tampering and shows evidence of	4638
tampering if tampering is attempted.	4639

(f) It is difficult to circumvent and requires premeditation	4640
to do so.	4641

(g) It minimizes inconvenience to a sober user.

4642

(h) It requires a proper, deep-lung breath sample or other	4643
accurate measure of the concentration by weight of alcohol in the	4644
breath.	4645

(i) It operates reliably over the range of automobile	4646
environments.	4647

(j) It is made by a manufacturer who is covered by product	4648
liability insurance.	4649

(3) The director of public safety may adopt, in whole or in	4650
part, the guidelines, rules, regulations, studies, or independent	4651
laboratory tests performed and relied upon by other states, or	4652
their agencies or commissions, in the certification or approval of	4653
immobilizing or disabling devices.	4654

(4) The director of public safety shall adopt rules in	4655
accordance with Chapter 119. of the Revised Code for the design of	4656
a warning label that shall be affixed to each immobilizing or	4657
disabling device upon installation. The label shall contain a	4658
warning that any person tampering, circumventing, or otherwise	4659
misusing the device is subject to a fine, imprisonment, or both	4660
and may be subject to civil liability.	4661

(B) A court considering the use of a prototype device in a	4662
pilot program shall advise the director of public safety, thirty	4663
days before the use, of the prototype device and its protocol,	4664
methodology, manufacturer, and licensor, lessor, other agent, or	4665
owner, and the length of the court's pilot program. A prototype	4666
device shall not be used for a violation of section 4510.14 or	4667
4511.19 of the Revised Code, a violation of a municipal OVI	4668
ordinance, or in relation to a suspension imposed under section	4669
4511.191 of the Revised Code. A court that uses a prototype device	4670
in a pilot program, periodically during the existence of the	4671
program and within fourteen days after termination of the program,	4672
shall report in writing to the director of public safety regarding	4673
the effectiveness of the prototype device and the program.	4674

(C) If a person has been granted limited driving privileges	4675
with a condition of the privileges being that the motor vehicle	4676
that is operated under the privileges must be equipped with an	4677
immobilizing or disabling device, the person may operate a motor	4678
vehicle that is owned by the person's employer only if the person	4679
is required to operate that motor vehicle in the course and scope	4680
of the offender's employment. Such a person may operate that	4681
vehicle without the installation of an immobilizing or disabling	4682
device, provided that the employer has been notified that the	4683
person has limited driving privileges and of the nature of the	4684
restriction and further provided that the person has proof of the	4685
employer's notification in the person's possession while operating	4686
the employer's vehicle for normal business duties. A motor vehicle	4687
owned by a business that is partly or entirely owned or controlled	4688
by a person with limited driving privileges is not a motor vehicle	4689
owned by an employer, for purposes of this division.	4690

Sec. 4510.72. (A) A fee of thirty dollars shall be charged	4691
by the registrar of motor vehicles or an eligible deputy registrar	4692
for the reinstatement of any driver's license suspended pursuant	4693
to division (A) of Article IV of the compact enacted in section	4694
4510.71 of the Revised Code. In addition, each deputy registrar	4695
shall collect a service fee of ten dollars to compensate the	4696
deputy registrar for services performed under this section. The	4697
deputy registrar shall retain eight dollars of the service fee and	4698
shall transmit the reinstatement fee, plus two dollars of the	4699
service fee, to the registrar in the manner the registrar shall	4700
determine.	4701

(B) Pursuant to division (A) of Article VI of the nonresident	4702
violator compact of 1977 enacted in section 4510.71 of the Revised	4703
Code, the director of public safety shall serve as the compact	4704
administrator for Ohio.	4705

Sec. 4511.108. The director of transportation shall adopt	4706
rules under Chapter 119. of the Revised Code to establish a	4707
traffic generator sign program and shall set forth in the traffic	4708
engineering manual the specifications for a uniform system of	4709
traffic generator signs and the criteria for participation in the	4710
program. ~~The department of transportation shall operate,~~	4711
~~construct, and maintain the program.~~ The director shall establish,	4712
and may revise at any time, an annual fee to be charged for a	4713
~~qualifying private business to participate~~participation in the	4714
traffic generator sign program. Money paid by the qualifying	4715
~~private business~~program participants shall be ~~remitted to the~~	4716
~~department~~deposited into the state treasury to the credit of the	4717
highway operating fund.	4718

The director may contract with any person that applies to	4719
operate, construct, maintain, or market the traffic generator sign	4720
program. The contract may allow for a reasonable profit to be	4721
earned by the successful applicant. In awarding the contract, the	4722
director may consider the skill, expertise, prior experience, and	4723
other qualifications of each applicant.	4724

If the director determines that the department shall operate	4725
this program, all money collected from program participants shall	4726
be deposited and credited as prescribed in this section.	4727

Sec. 4511.191. (A)(1) As used in this section:

4728

(a) "Physical control" has the same meaning as in section	4729
4511.194 of the Revised Code.	4730

(b) "Alcohol monitoring device" means any device that	4731
provides for continuous alcohol monitoring, any ignition interlock	4732
device, any immobilizing or disabling device other than an	4733
ignition interlock device that is constantly available to monitor	4734
the concentration of alcohol in a person's system, or any other	4735
device that provides for the automatic testing and periodic	4736
reporting of alcohol consumption by a person and that a court	4737
orders a person to use as a sanction imposed as a result of the	4738
person's conviction of or plea of guilty to an offense.	4739

(2) Any person who operates a vehicle, streetcar, or	4740
trackless trolley upon a highway or any public or private property	4741
used by the public for vehicular travel or parking within this	4742
state or who is in physical control of a vehicle, streetcar, or	4743
trackless trolley shall be deemed to have given consent to a	4744
chemical test or tests of the person's whole blood, blood serum or	4745
plasma, breath, or urine to determine the alcohol, drug of abuse,	4746
controlled substance, metabolite of a controlled substance, or	4747
combination content of the person's whole blood, blood serum or	4748
plasma, breath, or urine if arrested for a violation of division	4749
(A) or (B) of section 4511.19 of the Revised Code, section	4750
4511.194 of the Revised Code or a substantially equivalent	4751
municipal ordinance, or a municipal OVI ordinance.	4752

(3) The chemical test or tests under division (A)(2) of this	4753
section shall be administered at the request of a law enforcement	4754
officer having reasonable grounds to believe the person was	4755
operating or in physical control of a vehicle, streetcar, or	4756
trackless trolley in violation of a division, section, or	4757
ordinance identified in division (A)(2) of this section. The law	4758
enforcement agency by which the officer is employed shall	4759
designate which of the tests shall be administered.	4760

(4) Any person who is dead or unconscious, or who otherwise	4761
is in a condition rendering the person incapable of refusal, shall	4762
be deemed to have consented as provided in division (A)(2) of this	4763
section, and the test or tests may be administered, subject to	4764
sections 313.12 to 313.16 of the Revised Code.	4765

(5)(a) If a law enforcement officer arrests a person for a	4766
violation of division (A) or (B) of section 4511.19 of the Revised	4767
Code, section 4511.194 of the Revised Code or a substantially	4768
equivalent municipal ordinance, or a municipal OVI ordinance and	4769
if the person if convicted would be required to be sentenced under	4770
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	4771
Code, the law enforcement officer shall request the person to	4772
submit, and the person shall submit, to a chemical test or tests	4773
of the person's whole blood, blood serum or plasma, breath, or	4774
urine for the purpose of determining the alcohol, drug of abuse,	4775
controlled substance, metabolite of a controlled substance, or	4776
combination content of the person's whole blood, blood serum or	4777
plasma, breath, or urine. A law enforcement officer who makes a	4778
request pursuant to this division that a person submit to a	4779
chemical test or tests is not required to advise the person of the	4780
consequences of submitting to, or refusing to submit to, the test	4781
or tests and is not required to give the person the form described	4782
in division (B) of section 4511.192 of the Revised Code, but the	4783
officer shall advise the person at the time of the arrest that if	4784
the person refuses to take a chemical test the officer may employ	4785
whatever reasonable means are necessary to ensure that the person	4786
submits to a chemical test of the person's whole blood or blood	4787
serum or plasma. The officer shall also advise the person at the	4788
time of the arrest that the person may have an independent	4789
chemical test taken at the person's own expense. Divisions (A)(3)	4790
and (4) of this section apply to the administration of a chemical	4791
test or tests pursuant to this division.	4792

(b) If a person refuses to submit to a chemical test upon a	4793
request made pursuant to division (A)(5)(a) of this section, the	4794
law enforcement officer who made the request may employ whatever	4795
reasonable means are necessary to ensure that the person submits	4796
to a chemical test of the person's whole blood or blood serum or	4797
plasma. A law enforcement officer who acts pursuant to this	4798
division to ensure that a person submits to a chemical test of the	4799
person's whole blood or blood serum or plasma is immune from	4800
criminal and civil liability based upon a claim for assault and	4801
battery or any other claim for the acts, unless the officer so	4802
acted with malicious purpose, in bad faith, or in a wanton or	4803
reckless manner.	4804

(B)(1) Upon receipt of the sworn report of a law enforcement	4805
officer who arrested a person for a violation of division (A) or	4806
(B) of section 4511.19 of the Revised Code, section 4511.194 of	4807
the Revised Code or a substantially equivalent municipal	4808
ordinance, or a municipal OVI ordinance that was completed and	4809
sent to the registrar and a court pursuant to section 4511.192 of	4810
the Revised Code in regard to a person who refused to take the	4811
designated chemical test, the registrar shall enter into the	4812
registrar's records the fact that the person's driver's or	4813
commercial driver's license or permit or nonresident operating	4814
privilege was suspended by the arresting officer under this	4815
division and that section and the period of the suspension, as	4816
determined under this section. The suspension shall be subject to	4817
appeal as provided in section 4511.197 of the Revised Code. The	4818
suspension shall be for whichever of the following periods	4819
applies:	4820

(a) Except when division (B)(1)(b), (c), or (d) of this	4821
section applies and specifies a different class or length of	4822
suspension, the suspension shall be a class C suspension for the	4823
period of time specified in division (B)(3) of section 4510.02 of	4824
the Revised Code.	4825

(b) If the arrested person, within six years of the date on	4826
which the person refused the request to consent to the chemical	4827
test, had refused one previous request to consent to a chemical	4828
test or had been convicted of or pleaded guilty to one violation	4829
of division (A) or (B) of section 4511.19 of the Revised Code or	4830
one other equivalent offense, the suspension shall be a class B	4831
suspension imposed for the period of time specified in division	4832
(B)(2) of section 4510.02 of the Revised Code.	4833

(c) If the arrested person, within six years of the date on	4834
which the person refused the request to consent to the chemical	4835
test, had refused two previous requests to consent to a chemical	4836
test, had been convicted of or pleaded guilty to two violations of	4837
division (A) or (B) of section 4511.19 of the Revised Code or	4838
other equivalent offenses, or had refused one previous request to	4839
consent to a chemical test and also had been convicted of or	4840
pleaded guilty to one violation of division (A) or (B) of section	4841
4511.19 of the Revised Code or other equivalent offenses, which	4842
violation or offense arose from an incident other than the	4843
incident that led to the refusal, the suspension shall be a class	4844
A suspension imposed for the period of time specified in division	4845
(B)(1) of section 4510.02 of the Revised Code.	4846

(d) If the arrested person, within six years of the date on	4847
which the person refused the request to consent to the chemical	4848
test, had refused three or more previous requests to consent to a	4849
chemical test, had been convicted of or pleaded guilty to three or	4850
more violations of division (A) or (B) of section 4511.19 of the	4851
Revised Code or other equivalent offenses, or had refused a number	4852
of previous requests to consent to a chemical test and also had	4853
been convicted of or pleaded guilty to a number of violations of	4854
division (A) or (B) of section 4511.19 of the Revised Code or	4855
other equivalent offenses that cumulatively total three or more	4856
such refusals, convictions, and guilty pleas, the suspension shall	4857
be for five years.	4858

(2) The registrar shall terminate a suspension of the	4859
driver's or commercial driver's license or permit of a resident or	4860
of the operating privilege of a nonresident, or a denial of a	4861
driver's or commercial driver's license or permit, imposed	4862
pursuant to division (B)(1) of this section upon receipt of notice	4863
that the person has entered a plea of guilty to, or that the	4864
person has been convicted after entering a plea of no contest to,	4865
operating a vehicle in violation of section 4511.19 of the Revised	4866
Code or in violation of a municipal OVI ordinance, if the offense	4867
for which the conviction is had or the plea is entered arose from	4868
the same incident that led to the suspension or denial.	4869

The registrar shall credit against any judicial suspension of	4870
a person's driver's or commercial driver's license or permit or	4871
nonresident operating privilege imposed pursuant to section	4872
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	4873
Revised Code for a violation of a municipal OVI ordinance, any	4874
time during which the person serves a related suspension imposed	4875
pursuant to division (B)(1) of this section.	4876

(C)(1) Upon receipt of the sworn report of the law	4877
enforcement officer who arrested a person for a violation of	4878
division (A) or (B) of section 4511.19 of the Revised Code or a	4879
municipal OVI ordinance that was completed and sent to the	4880
registrar and a court pursuant to section 4511.192 of the Revised	4881
Code in regard to a person whose test results indicate that the	4882
person's whole blood, blood serum or plasma, breath, or urine	4883
contained at least the concentration of alcohol specified in	4884
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	4885
Revised Code or at least the concentration of a listed controlled	4886
substance or a listed metabolite of a controlled substance	4887
specified in division (A)(1)(j) of section 4511.19 of the Revised	4888
Code, the registrar shall enter into the registrar's records the	4889
fact that the person's driver's or commercial driver's license or	4890
permit or nonresident operating privilege was suspended by the	4891
arresting officer under this division and section 4511.192 of the	4892
Revised Code and the period of the suspension, as determined under	4893
divisions (C)(1)(a) to (d) of this section. The suspension shall	4894
be subject to appeal as provided in section 4511.197 of the	4895
Revised Code. The suspension described in this division does not	4896
apply to, and shall not be imposed upon, a person arrested for a	4897
violation of section 4511.194 of the Revised Code or a	4898
substantially equivalent municipal ordinance who submits to a	4899
designated chemical test. The suspension shall be for whichever of	4900
the following periods applies:	4901

(a) Except when division (C)(1)(b), (c), or (d) of this	4902
section applies and specifies a different period, the suspension	4903
shall be a class E suspension imposed for the period of time	4904
specified in division (B)(5) of section 4510.02 of the Revised	4905
Code.	4906

(b) The suspension shall be a class C suspension for the	4907
period of time specified in division (B)(3) of section 4510.02 of	4908
the Revised Code if the person has been convicted of or pleaded	4909
guilty to, within six years of the date the test was conducted,	4910
one violation of division (A) or (B) of section 4511.19 of the	4911
Revised Code or one other equivalent offense.	4912

(c) If, within six years of the date the test was conducted,	4913
the person has been convicted of or pleaded guilty to two	4914
violations of a statute or ordinance described in division	4915
(C)(1)(b) of this section, the suspension shall be a class B	4916
suspension imposed for the period of time specified in division	4917
(B)(2) of section 4510.02 of the Revised Code.	4918

(d) If, within six years of the date the test was conducted,	4919
the person has been convicted of or pleaded guilty to more than	4920
two violations of a statute or ordinance described in division	4921
(C)(1)(b) of this section, the suspension shall be a class A	4922
suspension imposed for the period of time specified in division	4923
(B)(1) of section 4510.02 of the Revised Code.	4924

(2) The registrar shall terminate a suspension of the	4925
driver's or commercial driver's license or permit of a resident or	4926
of the operating privilege of a nonresident, or a denial of a	4927
driver's or commercial driver's license or permit, imposed	4928
pursuant to division (C)(1) of this section upon receipt of notice	4929
that the person has entered a plea of guilty to, or that the	4930
person has been convicted after entering a plea of no contest to,	4931
operating a vehicle in violation of section 4511.19 of the Revised	4932
Code or in violation of a municipal OVI ordinance, if the offense	4933
for which the conviction is had or the plea is entered arose from	4934
the same incident that led to the suspension or denial.	4935

The registrar shall credit against any judicial suspension of	4936
a person's driver's or commercial driver's license or permit or	4937
nonresident operating privilege imposed pursuant to section	4938
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	4939
Revised Code for a violation of a municipal OVI ordinance, any	4940
time during which the person serves a related suspension imposed	4941
pursuant to division (C)(1) of this section.	4942

(D)(1) A suspension of a person's driver's or commercial	4943
driver's license or permit or nonresident operating privilege	4944
under this section for the time described in division (B) or (C)	4945
of this section is effective immediately from the time at which	4946
the arresting officer serves the notice of suspension upon the	4947
arrested person. Any subsequent finding that the person is not	4948
guilty of the charge that resulted in the person being requested	4949
to take the chemical test or tests under division (A) of this	4950
section does not affect the suspension.	4951

(2) If a person is arrested for operating a vehicle,	4952
streetcar, or trackless trolley in violation of division (A) or	4953
(B) of section 4511.19 of the Revised Code or a municipal OVI	4954
ordinance, or for being in physical control of a vehicle,	4955
streetcar, or trackless trolley in violation of section 4511.194	4956
of the Revised Code or a substantially equivalent municipal	4957
ordinance, regardless of whether the person's driver's or	4958
commercial driver's license or permit or nonresident operating	4959
privilege is or is not suspended under division (B) or (C) of this	4960
section or Chapter 4510. of the Revised Code, the person's initial	4961
appearance on the charge resulting from the arrest shall be held	4962
within five days of the person's arrest or the issuance of the	4963
citation to the person, subject to any continuance granted by the	4964
court pursuant to section 4511.197 of the Revised Code regarding	4965
the issues specified in that division.	4966

(E) When it finally has been determined under the procedures	4967
of this section and sections 4511.192 to 4511.197 of the Revised	4968
Code that a nonresident's privilege to operate a vehicle within	4969
this state has been suspended, the registrar shall give	4970
information in writing of the action taken to the motor vehicle	4971
administrator of the state of the person's residence and of any	4972
state in which the person has a license.	4973

(F) At the end of a suspension period under this section,	4974
under section 4511.194, section 4511.196, or division (G) of	4975
section 4511.19 of the Revised Code, or under section 4510.07 of	4976
the Revised Code for a violation of a municipal OVI ordinance and	4977
upon the request of the person whose driver's or commercial	4978
driver's license or permit was suspended and who is not otherwise	4979
subject to suspension, cancellation, or disqualification, the	4980
registrar shall return the driver's or commercial driver's license	4981
or permit to the person upon the occurrence of all of the	4982
conditions specified in divisions (F)(1) and (2) of this section:	4983

(1) A showing that the person has proof of financial	4984
responsibility, a policy of liability insurance in effect that	4985
meets the minimum standards set forth in section 4509.51 of the	4986
Revised Code, or proof, to the satisfaction of the registrar, that	4987
the person is able to respond in damages in an amount at least	4988
equal to the minimum amounts specified in section 4509.51 of the	4989
Revised Code.	4990

(2) Subject to the limitation contained in division (F)(3) of	4991
this section, payment by the person to the ~~bureau~~registrar of	4992
motor vehicles or an eligible deputy registrar of a license	4993
reinstatement fee of four hundred seventy-five dollars, which fee	4994
shall be deposited in the state treasury and credited as follows:	4995

(a) One hundred twelve dollars and fifty cents shall be	4996
credited to the statewide treatment and prevention fund created by	4997
section 4301.30 of the Revised Code. The fund shall be used to pay	4998
the costs of driver treatment and intervention programs operated	4999
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The	5000
director of alcohol and drug addiction services shall determine	5001
the share of the fund that is to be allocated to alcohol and drug	5002
addiction programs authorized by section 3793.02 of the Revised	5003
Code, and the share of the fund that is to be allocated to	5004
drivers' intervention programs authorized by section 3793.10 of	5005
the Revised Code.	5006

(b) Seventy-five dollars shall be credited to the reparations	5007
fund created by section 2743.191 of the Revised Code.	5008

(c) Thirty-seven dollars and fifty cents shall be credited to	5009
the indigent drivers alcohol treatment fund, which is hereby	5010
established in the state treasury. Except as otherwise provided in	5011
division (F)(2)(c) of this section, moneys in the fund shall be	5012
distributed by the department of alcohol and drug addiction	5013
services to the county indigent drivers alcohol treatment funds,	5014
the county juvenile indigent drivers alcohol treatment funds, and	5015
the municipal indigent drivers alcohol treatment funds that are	5016
required to be established by counties and municipal corporations	5017
pursuant to division (H) of this section, and shall be used only	5018
to pay the cost of an alcohol and drug addiction treatment program	5019
attended by an offender or juvenile traffic offender who is	5020
ordered to attend an alcohol and drug addiction treatment program	5021
by a county, juvenile, or municipal court judge and who is	5022
determined by the county, juvenile, or municipal court judge not	5023
to have the means to pay for the person's attendance at the	5024
program or to pay the costs specified in division (H)(4) of this	5025
section in accordance with that division. In addition, a county,	5026
juvenile, or municipal court judge may use moneys in the county	5027
indigent drivers alcohol treatment fund, county juvenile indigent	5028
drivers alcohol treatment fund, or municipal indigent drivers	5029
alcohol treatment fund to pay for the cost of the continued use of	5030
an alcohol monitoring device as described in divisions (H)(3) and	5031
(4) of this section. Moneys in the fund that are not distributed	5032
to a county indigent drivers alcohol treatment fund, a county	5033
juvenile indigent drivers alcohol treatment fund, or a municipal	5034
indigent drivers alcohol treatment fund under division (H) of this	5035
section because the director of alcohol and drug addiction	5036
services does not have the information necessary to identify the	5037
county or municipal corporation where the offender or juvenile	5038
offender was arrested may be transferred by the director of budget	5039
and management to the statewide treatment and prevention fund	5040
created by section 4301.30 of the Revised Code, upon certification	5041
of the amount by the director of alcohol and drug addiction	5042
services.	5043

(d) Seventy-five dollars shall be credited to the Ohio	5044
rehabilitation services commission established by section 3304.12	5045
of the Revised Code, to the services for rehabilitation fund,	5046
which is hereby established. The fund shall be used to match	5047
available federal matching funds where appropriate, and for any	5048
other purpose or program of the commission to rehabilitate people	5049
with disabilities to help them become employed and independent.	5050

(e) Seventy-five dollars shall be deposited into the state	5051
treasury and credited to the drug abuse resistance education	5052
programs fund, which is hereby established, to be used by the	5053
attorney general for the purposes specified in division (F)(4) of	5054
this section.	5055

(f) Thirty dollars shall be credited to the state bureau of	5056
motor vehicles fund created by section 4501.25 of the Revised	5057
Code.	5058

(g) Twenty dollars shall be credited to the trauma and	5059
emergency medical services grants fund created by section 4513.263	5060
of the Revised Code.	5061

(h) Fifty dollars shall be credited to the indigent drivers	5062
interlock and alcohol monitoring fund, which is hereby established	5063
in the state treasury. Monies in the fund shall be distributed by	5064
the department of public safety to the county indigent drivers	5065
interlock and alcohol monitoring funds, the county juvenile	5066
indigent drivers interlock and alcohol monitoring funds, and the	5067
municipal indigent drivers interlock and alcohol monitoring funds	5068
that are required to be established by counties and municipal	5069
corporations pursuant to this section, and shall be used only to	5070
pay the cost of an immobilizing or disabling device, including a	5071
certified ignition interlock device, or an alcohol monitoring	5072
device used by an offender or juvenile offender who is ordered to	5073
use the device by a county, juvenile, or municipal court judge and	5074
who is determined by the county, juvenile, or municipal court	5075
judge not to have the means to pay for the person's use of the	5076
device.	5077

(3) If a person's driver's or commercial driver's license or	5078
permit is suspended under this section, under section 4511.196 or	5079
division (G) of section 4511.19 of the Revised Code, under section	5080
4510.07 of the Revised Code for a violation of a municipal OVI	5081
ordinance or under any combination of the suspensions described in	5082
division (F)(3) of this section, and if the suspensions arise from	5083
a single incident or a single set of facts and circumstances, the	5084
person is liable for payment of, and shall be required to pay to	5085
the ~~bureau~~registrar or an eligible deputy registrar, only one	5086
reinstatement fee of four hundred seventy-five dollars. The	5087
reinstatement fee shall be distributed by the bureau in accordance	5088
with division (F)(2) of this section.	5089

(4) The attorney general shall use amounts in the drug abuse	5090
resistance education programs fund to award grants to law	5091
enforcement agencies to establish and implement drug abuse	5092
resistance education programs in public schools. Grants awarded to	5093
a law enforcement agency under this section shall be used by the	5094
agency to pay for not more than fifty per cent of the amount of	5095
the salaries of law enforcement officers who conduct drug abuse	5096
resistance education programs in public schools. The attorney	5097
general shall not use more than six per cent of the amounts the	5098
attorney general's office receives under division (F)(2)(e) of	5099
this section to pay the costs it incurs in administering the grant	5100
program established by division (F)(2)(e) of this section and in	5101
providing training and materials relating to drug abuse resistance	5102
education programs.	5103

The attorney general shall report to the governor and the	5104
general assembly each fiscal year on the progress made in	5105
establishing and implementing drug abuse resistance education	5106
programs. These reports shall include an evaluation of the	5107
effectiveness of these programs.	5108

(5) In addition to the reinstatement fee under this section,	5109
if the person pays the reinstatement fee to a deputy registrar,	5110
the deputy registrar shall collect a service fee of ten dollars to	5111
compensate the deputy registrar for services performed under this	5112
section. The deputy registrar shall retain eight dollars of the	5113
service fee and shall transmit the reinstatement fee, plus two	5114
dollars of the service fee, to the registrar in the manner the	5115
registrar shall determine.	5116

(G) Suspension of a commercial driver's license under	5117
division (B) or (C) of this section shall be concurrent with any	5118
period of disqualification under section 3123.611 or 4506.16 of	5119
the Revised Code or any period of suspension under section 3123.58	5120
of the Revised Code. No person who is disqualified for life from	5121
holding a commercial driver's license under section 4506.16 of the	5122
Revised Code shall be issued a driver's license under Chapter	5123
4507. of the Revised Code during the period for which the	5124
commercial driver's license was suspended under division (B) or	5125
(C) of this section. No person whose commercial driver's license	5126
is suspended under division (B) or (C) of this section shall be	5127
issued a driver's license under Chapter 4507. of the Revised Code	5128
during the period of the suspension.	5129

(H)(1) Each county shall establish an indigent drivers	5130
alcohol treatment fund, each county shall establish a juvenile	5131
indigent drivers alcohol treatment fund, and each municipal	5132
corporation in which there is a municipal court shall establish an	5133
indigent drivers alcohol treatment fund. All revenue that the	5134
general assembly appropriates to the indigent drivers alcohol	5135
treatment fund for transfer to a county indigent drivers alcohol	5136
treatment fund, a county juvenile indigent drivers alcohol	5137
treatment fund, or a municipal indigent drivers alcohol treatment	5138
fund, all portions of fees that are paid under division (F) of	5139
this section and that are credited under that division to the	5140
indigent drivers alcohol treatment fund in the state treasury for	5141
a county indigent drivers alcohol treatment fund, a county	5142
juvenile indigent drivers alcohol treatment fund, or a municipal	5143
indigent drivers alcohol treatment fund, all portions of	5144
additional costs imposed under section 2949.094 of the Revised	5145
Code that are specified for deposit into a county, county	5146
juvenile, or municipal indigent drivers alcohol treatment fund by	5147
that section, and all portions of fines that are specified for	5148
deposit into a county or municipal indigent drivers alcohol	5149
treatment fund by section 4511.193 of the Revised Code shall be	5150
deposited into that county indigent drivers alcohol treatment	5151
fund, county juvenile indigent drivers alcohol treatment fund, or	5152
municipal indigent drivers alcohol treatment fund. The portions of	5153
the fees paid under division (F) of this section that are to be so	5154
deposited shall be determined in accordance with division (H)(2)	5155
of this section. Additionally, all portions of fines that are paid	5156
for a violation of section 4511.19 of the Revised Code or of any	5157
prohibition contained in Chapter 4510. of the Revised Code, and	5158
that are required under section 4511.19 or any provision of	5159
Chapter 4510. of the Revised Code to be deposited into a county	5160
indigent drivers alcohol treatment fund or municipal indigent	5161
drivers alcohol treatment fund shall be deposited into the	5162
appropriate fund in accordance with the applicable division of the	5163
section or provision.	5164

(2) That portion of the license reinstatement fee that is	5165
paid under division (F) of this section and that is credited under	5166
that division to the indigent drivers alcohol treatment fund shall	5167
be deposited into a county indigent drivers alcohol treatment	5168
fund, a county juvenile indigent drivers alcohol treatment fund,	5169
or a municipal indigent drivers alcohol treatment fund as follows:	5170

(a) Regarding a suspension imposed under this section, that	5171
portion of the fee shall be deposited as follows:	5172

(i) If the fee is paid by a person who was charged in a	5173
county court with the violation that resulted in the suspension or	5174
in the imposition of the court costs, the portion shall be	5175
deposited into the county indigent drivers alcohol treatment fund	5176
under the control of that court;	5177

(ii) If the fee is paid by a person who was charged in a	5178
juvenile court with the violation that resulted in the suspension	5179
or in the imposition of the court costs, the portion shall be	5180
deposited into the county juvenile indigent drivers alcohol	5181
treatment fund established in the county served by the court;	5182

(iii) If the fee is paid by a person who was charged in a	5183
municipal court with the violation that resulted in the suspension	5184
or in the imposition of the court costs, the portion shall be	5185
deposited into the municipal indigent drivers alcohol treatment	5186
fund under the control of that court.	5187

(b) Regarding a suspension imposed under section 4511.19 of	5188
the Revised Code or under section 4510.07 of the Revised Code for	5189
a violation of a municipal OVI ordinance, that portion of the fee	5190
shall be deposited as follows:	5191

(i) If the fee is paid by a person whose license or permit	5192
was suspended by a county court, the portion shall be deposited	5193
into the county indigent drivers alcohol treatment fund under the	5194
control of that court;	5195

(ii) If the fee is paid by a person whose license or permit	5196
was suspended by a municipal court, the portion shall be deposited	5197
into the municipal indigent drivers alcohol treatment fund under	5198
the control of that court.	5199

(3) Expenditures from a county indigent drivers alcohol	5200
treatment fund, a county juvenile indigent drivers alcohol	5201
treatment fund, or a municipal indigent drivers alcohol treatment	5202
fund shall be made only upon the order of a county, juvenile, or	5203
municipal court judge and only for payment of the cost of an	5204
assessment or the cost of the attendance at an alcohol and drug	5205
addiction treatment program of a person who is convicted of, or	5206
found to be a juvenile traffic offender by reason of, a violation	5207
of division (A) of section 4511.19 of the Revised Code or a	5208
substantially similar municipal ordinance, who is ordered by the	5209
court to attend the alcohol and drug addiction treatment program,	5210
and who is determined by the court to be unable to pay the cost of	5211
the assessment or the cost of attendance at the treatment program	5212
or for payment of the costs specified in division (H)(4) of this	5213
section in accordance with that division. The alcohol and drug	5214
addiction services board or the board of alcohol, drug addiction,	5215
and mental health services established pursuant to section 340.02	5216
or 340.021 of the Revised Code and serving the alcohol, drug	5217
addiction, and mental health service district in which the court	5218
is located shall administer the indigent drivers alcohol treatment	5219
program of the court. When a court orders an offender or juvenile	5220
traffic offender to obtain an assessment or attend an alcohol and	5221
drug addiction treatment program, the board shall determine which	5222
program is suitable to meet the needs of the offender or juvenile	5223
traffic offender, and when a suitable program is located and space	5224
is available at the program, the offender or juvenile traffic	5225
offender shall attend the program designated by the board. A	5226
reasonable amount not to exceed five per cent of the amounts	5227
credited to and deposited into the county indigent drivers alcohol	5228
treatment fund, the county juvenile indigent drivers alcohol	5229
treatment fund, or the municipal indigent drivers alcohol	5230
treatment fund serving every court whose program is administered	5231
by that board shall be paid to the board to cover the costs it	5232
incurs in administering those indigent drivers alcohol treatment	5233
programs.	5234

In addition, upon exhaustion of moneys in the indigent	5235
drivers interlock and alcohol monitoring fund for the use of an	5236
alcohol monitoring device, a county, juvenile, or municipal court	5237
judge may use moneys in the county indigent drivers alcohol	5238
treatment fund, county juvenile indigent drivers alcohol treatment	5239
fund, or municipal indigent drivers alcohol treatment fund in the	5240
following manners:	5241

(a) If the source of the moneys was an appropriation of the	5242
general assembly, a portion of a fee that was paid under division	5243
(F) of this section, a portion of a fine that was specified for	5244
deposit into the fund by section 4511.193 of the Revised Code, or	5245
a portion of a fine that was paid for a violation of section	5246
4511.19 of the Revised Code or of a provision contained in Chapter	5247
4510. of the Revised Code that was required to be deposited into	5248
the fund, to pay for the continued use of an alcohol monitoring	5249
device by an offender or juvenile traffic offender, in conjunction	5250
with a treatment program approved by the department of alcohol and	5251
drug addiction services, when such use is determined clinically	5252
necessary by the treatment program and when the court determines	5253
that the offender or juvenile traffic offender is unable to pay	5254
all or part of the daily monitoring or cost of the device;	5255

(b) If the source of the moneys was a portion of an	5256
additional court cost imposed under section 2949.094 of the	5257
Revised Code, to pay for the continued use of an alcohol	5258
monitoring device by an offender or juvenile traffic offender when	5259
the court determines that the offender or juvenile traffic	5260
offender is unable to pay all or part of the daily monitoring or	5261
cost of the device. The moneys may be used for a device as	5262
described in this division if the use of the device is in	5263
conjunction with a treatment program approved by the department of	5264
alcohol and drug addiction services, when the use of the device is	5265
determined clinically necessary by the treatment program, but the	5266
use of a device is not required to be in conjunction with a	5267
treatment program approved by the department in order for the	5268
moneys to be used for the device as described in this division.	5269

(4) If a county, juvenile, or municipal court determines, in	5270
consultation with the alcohol and drug addiction services board or	5271
the board of alcohol, drug addiction, and mental health services	5272
established pursuant to section 340.02 or 340.021 of the Revised	5273
Code and serving the alcohol, drug addiction, and mental health	5274
district in which the court is located, that the funds in the	5275
county indigent drivers alcohol treatment fund, the county	5276
juvenile indigent drivers alcohol treatment fund, or the municipal	5277
indigent drivers alcohol treatment fund under the control of the	5278
court are more than sufficient to satisfy the purpose for which	5279
the fund was established, as specified in divisions (H)(1) to (3)	5280
of this section, the court may declare a surplus in the fund. If	5281
the court declares a surplus in the fund, the court may expend the	5282
amount of the surplus in the fund for:	5283

(a) Alcohol and drug abuse assessment and treatment of	5284
persons who are charged in the court with committing a criminal	5285
offense or with being a delinquent child or juvenile traffic	5286
offender and in relation to whom both of the following apply:	5287

(i) The court determines that substance abuse was a	5288
contributing factor leading to the criminal or delinquent activity	5289
or the juvenile traffic offense with which the person is charged.	5290

(ii) The court determines that the person is unable to pay	5291
the cost of the alcohol and drug abuse assessment and treatment	5292
for which the surplus money will be used.	5293

(b) All or part of the cost of purchasing alcohol monitoring	5294
devices to be used in conjunction with division (H)(3) of this	5295
section, upon exhaustion of moneys in the indigent drivers	5296
interlock and alcohol monitoring fund for the use of an alcohol	5297
monitoring device.	5298

(5) For the purpose of determining as described in division	5299
(F)(2)(c) of this section whether an offender does not have the	5300
means to pay for the offender's attendance at an alcohol and drug	5301
addiction treatment program or whether an alleged offender or	5302
delinquent child is unable to pay the costs specified in division	5303
(H)(4) of this section, the court shall use the indigent client	5304
eligibility guidelines and the standards of indigency established	5305
by the state public defender to make the determination.	5306

(6) The court shall identify and refer any alcohol and drug	5307
addiction program that is not certified under section 3793.06 of	5308
the Revised Code and that is interested in receiving amounts from	5309
the surplus in the fund declared under division (H)(4) of this	5310
section to the department of alcohol and drug addiction services	5311
in order for the program to become a certified alcohol and drug	5312
addiction program. The department shall keep a record of applicant	5313
referrals received pursuant to this division and shall submit a	5314
report on the referrals each year to the general assembly. If a	5315
program interested in becoming certified makes an application to	5316
become certified pursuant to section 3793.06 of the Revised Code,	5317
the program is eligible to receive surplus funds as long as the	5318
application is pending with the department. The department of	5319
alcohol and drug addiction services must offer technical	5320
assistance to the applicant. If the interested program withdraws	5321
the certification application, the department must notify the	5322
court, and the court shall not provide the interested program with	5323
any further surplus funds.	5324

(7)(a) Each alcohol and drug addiction services board and	5325
board of alcohol, drug addiction, and mental health services	5326
established pursuant to section 340.02 or 340.021 of the Revised	5327
Code shall submit to the department of alcohol and drug addiction	5328
services an annual report for each indigent drivers alcohol	5329
treatment fund in that board's area.	5330

(b) The report, which shall be submitted not later than sixty	5331
days after the end of the state fiscal year, shall provide the	5332
total payment that was made from the fund, including the number of	5333
indigent consumers that received treatment services and the number	5334
of indigent consumers that received an alcohol monitoring device.	5335
The report shall identify the treatment program and expenditure	5336
for an alcohol monitoring device for which that payment was made.	5337
The report shall include the fiscal year balance of each indigent	5338
drivers alcohol treatment fund located in that board's area. In	5339
the event that a surplus is declared in the fund pursuant to	5340
division (H)(4) of this section, the report also shall provide the	5341
total payment that was made from the surplus moneys and identify	5342
the treatment program and expenditure for an alcohol monitoring	5343
device for which that payment was made. The department may require	5344
additional information necessary to complete the comprehensive	5345
statewide alcohol and drug addiction services plan as required by	5346
section 3793.04 of the Revised Code.	5347

(c) If a board is unable to obtain adequate information to	5348
develop the report to submit to the department for a particular	5349
indigent drivers alcohol treatment fund, the board shall submit a	5350
report detailing the effort made in obtaining the information.	5351

(I)(1) Each county shall establish an indigent drivers	5352
interlock and alcohol monitoring fund and a juvenile indigent	5353
drivers interlock and alcohol treatment fund, and each municipal	5354
corporation in which there is a municipal court shall establish an	5355
indigent drivers interlock and alcohol monitoring fund. All	5356
revenue that the general assembly appropriates to the indigent	5357
drivers interlock and alcohol monitoring fund for transfer to a	5358
county indigent drivers interlock and alcohol monitoring fund, a	5359
county juvenile indigent drivers interlock and alcohol monitoring	5360
fund, or a municipal indigent drivers interlock and alcohol	5361
monitoring fund, all portions of license reinstatement fees that	5362
are paid under division (F)(2) of this section and that are	5363
credited under that division to the indigent drivers interlock and	5364
alcohol monitoring fund in the state treasury, and all portions of	5365
fines that are paid under division (G) of section 4511.19 of the	5366
Revised Code and that are credited by division (G)(5)(e) of that	5367
section to the indigent drivers interlock and alcohol monitoring	5368
fund in the state treasury shall be deposited in the appropriate	5369
fund in accordance with division (I)(2) of this section.	5370

(2) That portion of the license reinstatement fee that is	5371
paid under division (F) of this section and that portion of the	5372
fine paid under division (G) of section 4511.19 of the Revised	5373
Code and that is credited under either division to the indigent	5374
drivers interlock and alcohol monitoring fund shall be deposited	5375
into a county indigent drivers interlock and alcohol monitoring	5376
fund, a county juvenile indigent drivers interlock and alcohol	5377
monitoring fund, or a municipal indigent drivers interlock and	5378
alcohol monitoring fund as follows:	5379

(a) If the fee or fine is paid by a person who was charged in	5380
a county court with the violation that resulted in the suspension	5381
or fine, the portion shall be deposited into the county indigent	5382
drivers interlock and alcohol monitoring fund under the control of	5383
that court.	5384

(b) If the fee or fine is paid by a person who was charged in	5385
a juvenile court with the violation that resulted in the	5386
suspension or fine, the portion shall be deposited into the county	5387
juvenile indigent drivers interlock and alcohol monitoring fund	5388
established in the county served by the court.	5389

(c) If the fee or fine is paid by a person who was charged in	5390
a municipal court with the violation that resulted in the	5391
suspension, the portion shall be deposited into the municipal	5392
indigent drivers interlock and alcohol monitoring fund under the	5393
control of that court.	5394

Sec. 4511.53. (A) For purposes of this section, "snowmobile"	5395
has the same meaning as given that term in section 4519.01 of the	5396
Revised Code.	5397

(B) No person operating a bicycle shall ride other than upon	5398
or astride the permanent and regular seat attached thereto or	5399
carry any other person upon such bicycle other than upon a firmly	5400
attached and regular seat thereon, and no person shall ride upon a	5401
bicycle other than upon such a firmly attached and regular seat.	5402

No person operating a motorcycle shall ride other than upon	5403
or astride the permanent and regular seat or saddle attached	5404
thereto, or carry any other person upon such motorcycle other than	5405
upon a firmly attached and regular seat or saddle thereon, and no	5406
person shall ride upon a motorcycle other than upon such a firmly	5407
attached and regular seat or saddle.	5408

No person shall ride upon a motorcycle that is equipped with	5409
a saddle other than while sitting astride the saddle, facing	5410
forward, with one leg on each side of the motorcycle.	5411

No person shall ride upon a motorcycle that is equipped with	5412
a seat other than while sitting upon the seat.	5413

No person operating a bicycle shall carry any package,	5414
bundle, or article that prevents the driver from keeping at least	5415
one hand upon the handle bars.	5416

No bicycle or motorcycle shall be used to carry more persons	5417
at one time than the number for which it is designed and equipped,	5418
nor shall any motorcycle be operated on a highway when the handle	5419
bars or grips are more than fifteen inches higher than the seat or	5420
saddle for the operator.	5421

No person shall operate or be a passenger on a snowmobile or	5422
motorcycle without using safety glasses or other protective eye	5423
device. No person who is under the age of eighteen years, or who	5424
holds a motorcycle operator's endorsement or license bearing a	5425
"novice" designation that is currently in effect as provided in	5426
section 4507.13 of the Revised Code, shall operate a motorcycle on	5427
a highway, or be a passenger on a motorcycle, unless wearing a	5428
protective helmet on the person's head, and no other person shall	5429
be a passenger on a motorcycle operated by such a person unless	5430
similarly wearing a protective helmet. The helmet, safety glasses,	5431
or other protective eye device shall conform with ~~regulations~~	5432
~~prescribed and promulgated~~rules adopted by the director of public	5433
safety. The provisions of this paragraph or a violation thereof	5434
shall not be used in the trial of any civil action.	5435

(C)(1) No person shall operate a motorcycle with a valid	5436
temporary instruction permit and temporary instruction permit	5437
identification card issued by the registrar of motor vehicles	5438
pursuant to section 4507.05 of the Revised Code unless the person,	5439
at the time of such operation, is wearing on the person's head a	5440
protective helmet that conforms with rules adopted by the	5441
director.	5442

(2) No person shall operate a motorcycle with a valid	5443
temporary instruction permit and temporary instruction permit	5444
identification card issued by the registrar pursuant to section	5445
4507.05 of the Revised Code in any of the following circumstances:	5446

(a) At any time when lighted lights are required by division	5447
(A)(1) of section 4513.03 of the Revised Code;	5448

(b) While carrying a passenger;

5449

5450

(D) Nothing in this section shall be construed as prohibiting	5451
the carrying of a child in a seat or trailer that is designed for	5452
carrying children and is firmly attached to the bicycle.	5453

~~(D)~~(E) Except as otherwise provided in this division, whoever	5454
violates this section is guilty of a minor misdemeanor. If, within	5455
one year of the offense, the offender previously has been	5456
convicted of or pleaded guilty to one predicate motor vehicle or	5457
traffic offense, whoever violates this section is guilty of a	5458
misdemeanor of the fourth degree. If, within one year of the	5459
offense, the offender previously has been convicted of two or more	5460
predicate motor vehicle or traffic offenses, whoever violates this	5461
section is guilty of a misdemeanor of the third degree.	5462

Sec. 4511.69. (A) Every vehicle stopped or parked upon a	5463
roadway where there is an adjacent curb shall be stopped or parked	5464
with the right-hand wheels of the vehicle parallel with and not	5465
more than twelve inches from the right-hand curb, unless it is	5466
impossible to approach so close to the curb; in such case the stop	5467
shall be made as close to the curb as possible and only for the	5468
time necessary to discharge and receive passengers or to load or	5469
unload merchandise. Local authorities by ordinance may permit	5470
angle parking on any roadway under their jurisdiction, except that	5471
angle parking shall not be permitted on a state route within a	5472
municipal corporation unless an unoccupied roadway width of not	5473
less than twenty-five feet is available for free-moving traffic.	5474

(B) Local authorities by ordinance may permit parking of	5475
vehicles with the left-hand wheels adjacent to and within twelve	5476
inches of the left-hand curb of a one-way roadway.	5477

(C) No(1) Except as provided in division (C)(2) of this	5478
section, no vehicle or trackless trolley shall be stopped or	5479
parked on a road or highway with the vehicle or trackless trolley	5480
facing in a direction other than the direction of travel on that	5481
side of the road or highway.	5482

(2) The operator of a motorcycle may back the motorcycle into	5483
an angled parking space so that when the motorcycle is parked it	5484
is facing in a direction other than the direction of travel on the	5485
side of the road or highway.	5486

(D) Notwithstanding any statute or any rule, resolution, or	5487
ordinance adopted by any local authority, air compressors,	5488
tractors, trucks, and other equipment, while being used in the	5489
construction, reconstruction, installation, repair, or removal of	5490
facilities near, on, over, or under a street or highway, may stop,	5491
stand, or park where necessary in order to perform such work,	5492
provided a flagperson is on duty or warning signs or lights are	5493
displayed as may be prescribed by the director of transportation.	5494

(E) Special parking locations and privileges for persons with	5495
disabilities that limit or impair the ability to walk, also known	5496
as handicapped parking spaces or disability parking spaces, shall	5497
be provided and designated by all political subdivisions and by	5498
the state and all agencies and instrumentalities thereof at all	5499
offices and facilities, where parking is provided, whether owned,	5500
rented, or leased, and at all publicly owned parking garages. The	5501
locations shall be designated through the posting of an elevated	5502
sign, whether permanently affixed or movable, imprinted with the	5503
international symbol of access and shall be reasonably close to	5504
exits, entrances, elevators, and ramps. All elevated signs posted	5505
in accordance with this division and division (C) of section	5506
3781.111 of the Revised Code shall be mounted on a fixed or	5507
movable post, and the distance from the ground to the top edge of	5508
the sign shall measure five feet. If a new sign or a replacement	5509
sign designating a special parking location is posted on or after	5510
October 14, 1999, there also shall be affixed upon the surface of	5511
that sign or affixed next to the designating sign a notice that	5512
states the fine applicable for the offense of parking a motor	5513
vehicle in the special designated parking location if the motor	5514
vehicle is not legally entitled to be parked in that location.	5515

(F)(1) No person shall stop, stand, or park any motor vehicle	5516
at special parking locations provided under division (E) of this	5517
section or at special clearly marked parking locations provided in	5518
or on privately owned parking lots, parking garages, or other	5519
parking areas and designated in accordance with that division,	5520
unless one of the following applies:	5521

(a) The motor vehicle is being operated by or for the	5522
transport of a person with a disability that limits or impairs the	5523
ability to walk and is displaying a valid removable windshield	5524
placard or special license plates;	5525

(b) The motor vehicle is being operated by or for the	5526
transport of a handicapped person and is displaying a parking card	5527
or special handicapped license plates.	5528

(2) Any motor vehicle that is parked in a special marked	5529
parking location in violation of division (F)(1)(a) or (b) of this	5530
section may be towed or otherwise removed from the parking	5531
location by the law enforcement agency of the political	5532
subdivision in which the parking location is located. A motor	5533
vehicle that is so towed or removed shall not be released to its	5534
owner until the owner presents proof of ownership of the motor	5535
vehicle and pays all towing and storage fees normally imposed by	5536
that political subdivision for towing and storing motor vehicles.	5537
If the motor vehicle is a leased vehicle, it shall not be released	5538
to the lessee until the lessee presents proof that that person is	5539
the lessee of the motor vehicle and pays all towing and storage	5540
fees normally imposed by that political subdivision for towing and	5541
storing motor vehicles.	5542

(3) If a person is charged with a violation of division	5543
(F)(1)(a) or (b) of this section, it is an affirmative defense to	5544
the charge that the person suffered an injury not more than	5545
seventy-two hours prior to the time the person was issued the	5546
ticket or citation and that, because of the injury, the person	5547
meets at least one of the criteria contained in division (A)(1) of	5548
section 4503.44 of the Revised Code.	5549

(G) When a motor vehicle is being operated by or for the	5550
transport of a person with a disability that limits or impairs the	5551
ability to walk and is displaying a removable windshield placard	5552
or a temporary removable windshield placard or special license	5553
plates, or when a motor vehicle is being operated by or for the	5554
transport of a handicapped person and is displaying a parking card	5555
or special handicapped license plates, the motor vehicle is	5556
permitted to park for a period of two hours in excess of the legal	5557
parking period permitted by local authorities, except where local	5558
ordinances or police rules provide otherwise or where the vehicle	5559
is parked in such a manner as to be clearly a traffic hazard.	5560

(H) No owner of an office, facility, or parking garage where	5561
special parking locations are required to be designated in	5562
accordance with division (E) of this section shall fail to	5563
properly mark the special parking locations in accordance with	5564
that division or fail to maintain the markings of the special	5565
locations, including the erection and maintenance of the fixed or	5566
movable signs.	5567

(I) Nothing in this section shall be construed to require a	5568
person or organization to apply for a removable windshield placard	5569
or special license plates if the parking card or special license	5570
plates issued to the person or organization under prior law have	5571
not expired or been surrendered or revoked.	5572

(J)(1) Whoever violates division (A) or (C) of this section	5573
is guilty of a minor misdemeanor.	5574

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	5575
section is guilty of a misdemeanor and shall be punished as	5576
provided in division (J)(2)(a) and (b) of this section. Except as	5577
otherwise provided in division (J)(2)(a) of this section, an	5578
offender who violates division (F)(1)(a) or (b) of this section	5579
shall be fined not less than two hundred fifty nor more than five	5580
hundred dollars. An offender who violates division (F)(1)(a) or	5581
(b) of this section shall be fined not more than one hundred	5582
dollars if the offender, prior to sentencing, proves either of the	5583
following to the satisfaction of the court:	5584

(i) At the time of the violation of division (F)(1)(a) of	5585
this section, the offender or the person for whose transport the	5586
motor vehicle was being operated had been issued a removable	5587
windshield placard that then was valid or special license plates	5588
that then were valid but the offender or the person neglected to	5589
display the placard or license plates as described in division	5590
(F)(1)(a) of this section.	5591

(ii) At the time of the violation of division (F)(1)(b) of	5592
this section, the offender or the person for whose transport the	5593
motor vehicle was being operated had been issued a parking card	5594
that then was valid or special handicapped license plates that	5595
then were valid but the offender or the person neglected to	5596
display the card or license plates as described in division	5597
(F)(1)(b) of this section.	5598

(b) In no case shall an offender who violates division	5599
(F)(1)(a) or (b) of this section be sentenced to any term of	5600
imprisonment.	5601

An arrest or conviction for a violation of division (F)(1)(a)	5602
or (b) of this section does not constitute a criminal record and	5603
need not be reported by the person so arrested or convicted in	5604
response to any inquiries contained in any application for	5605
employment, license, or other right or privilege, or made in	5606
connection with the person's appearance as a witness.	5607

The clerk of the court shall pay every fine collected under	5608
division (J)(2) of this section to the political subdivision in	5609
which the violation occurred. Except as provided in division	5610
(J)(2) of this section, the political subdivision shall use the	5611
fine moneys it receives under division (J)(2) of this section to	5612
pay the expenses it incurs in complying with the signage and	5613
notice requirements contained in division (E) of this section. The	5614
political subdivision may use up to fifty per cent of each fine it	5615
receives under division (J)(2) of this section to pay the costs of	5616
educational, advocacy, support, and assistive technology programs	5617
for persons with disabilities, and for public improvements within	5618
the political subdivision that benefit or assist persons with	5619
disabilities, if governmental agencies or nonprofit organizations	5620
offer the programs.	5621

(3) Whoever violates division (H) of this section shall be	5622
punished as follows:	5623

(a) Except as otherwise provided in division (J)(3) of this	5624
section, the offender shall be issued a warning.	5625

(b) If the offender previously has been convicted of or	5626
pleaded guilty to a violation of division (H) of this section or	5627
of a municipal ordinance that is substantially similar to that	5628
division, the offender shall not be issued a warning but shall be	5629
fined not more than twenty-five dollars for each parking location	5630
that is not properly marked or whose markings are not properly	5631
maintained.	5632

(K) As used in this section:

5633

(1) "Handicapped person" means any person who has lost the	5634
use of one or both legs or one or both arms, who is blind, deaf,	5635
or so severely handicapped as to be unable to move without the aid	5636
of crutches or a wheelchair, or whose mobility is restricted by a	5637
permanent cardiovascular, pulmonary, or other handicapping	5638
condition.	5639

(2) "Person with a disability that limits or impairs the	5640
ability to walk" has the same meaning as in section 4503.44 of the	5641
Revised Code.	5642

(3) "Special license plates" and "removable windshield	5643
placard" mean any license plates or removable windshield placard	5644
or temporary removable windshield placard issued under section	5645
4503.41 or 4503.44 of the Revised Code, and also mean any	5646
substantially similar license plates or removable windshield	5647
placard or temporary removable windshield placard issued by a	5648
state, district, country, or sovereignty.	5649

Sec. 4513.24. (A) No person shall drive any motor vehicle on	5650
a street or highway in this state, other than a motorcycle or	5651
motorized bicycle, that is not equipped with a windshield.	5652

(B)(1) No person shall drive any motor vehicle, other than a	5653
bus, with any sign, poster, or other nontransparent material upon	5654
the front windshield, sidewings, side, or rear windows of such	5655
vehicle other than a certificate or other paper required to be	5656
displayed by law, except that there may be in the lower left-hand	5657
or right-hand corner of the windshield a sign, poster, or decal	5658
not to exceed four inches in height by six inches in width. No	5659
sign, poster, or decal shall be displayed in the front windshield	5660
in such a manner as to conceal the vehicle identification number	5661
for the motor vehicle when, in accordance with federal law, that	5662
number is located inside the vehicle passenger compartment and so	5663
placed as to be readable through the vehicle glazing without	5664
moving any part of the vehicle.	5665

(2) Division (B)(1) of this section does not apply to a	5666
person who is driving a passenger car with an electronic device,	5667
including an antenna, electronic tolling or other transponder,	5668
camera, directional navigation device, or other similar electronic	5669
device located in the front windshield if the device meets both of	5670
the following:	5671

(a) It does not restrict the vehicle operator's sight lines	5672
to the road and highway signs and signals.	5673

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

5674

(3) Division (B)(1) of this section does not apply to a	5675
person who is driving a commercial car with an electronic device,	5676
including an antenna, electronic tolling or other transponder,	5677
camera, directional navigation device, or other similar electronic	5678
device located in the front windshield if the device meets both of	5679
the following:	5680

(a) It does not restrict the vehicle operator's sight lines	5681
to the road and highway signs and signals.	5682

(b) It is mounted not more than six inches below the upper	5683
edge of the windshield and is outside the area swept by the	5684
vehicle's windshield wipers.	5685

(C) The windshield on every motor vehicle, streetcar, and	5686
trackless trolley shall be equipped with a device for cleaning	5687
rain, snow, or other moisture from the windshield. The device	5688
shall be maintained in good working order and so constructed as to	5689
be controlled or operated by the operator of the vehicle,	5690
streetcar, or trackless trolley.	5691

(D) Whoever violates this section is guilty of a minor	5692
misdemeanor.	5693

Sec. 4513.263. (A) As used in this section and in section	5694
4513.99 of the Revised Code:	5695

(1) "Automobile" means any commercial tractor, passenger car,	5696
commercial car, or truck that is required to be factory-equipped	5697
with an occupant restraining device for the operator or any	5698
passenger by regulations adopted by the United States secretary of	5699
transportation pursuant to the "National Traffic and Motor Vehicle	5700
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	5701

(2) "Occupant restraining device" means a seat safety belt,	5702
shoulder belt, harness, or other safety device for restraining a	5703
person who is an operator of or passenger in an automobile and	5704
that satisfies the minimum federal vehicle safety standards	5705
established by the United States department of transportation.	5706

(3) "Passenger" means any person in an automobile, other than	5707
its operator, who is occupying a seating position for which an	5708
occupant restraining device is provided.	5709

(4) "Commercial tractor," "passenger car," and "commercial	5710
car" have the same meanings as in section 4501.01 of the Revised	5711
Code.	5712

(5) "Vehicle" and "motor vehicle," as used in the definitions	5713
of the terms set forth in division (A)(4) of this section, have	5714
the same meanings as in section 4511.01 of the Revised Code.	5715

(6) "Tort action" means a civil action for damages for	5716
injury, death, or loss to person or property. "Tort action"	5717
includes a product liability claim, as defined in section 2307.71	5718
of the Revised Code, and an asbestos claim, as defined in section	5719
2307.91 of the Revised Code, but does not include a civil action	5720
for damages for breach of contract or another agreement between	5721
persons.	5722

(B) No person shall do any of the following:

5723

(1) Operate an automobile on any street or highway unless	5724
that person is wearing all of the available elements of a properly	5725
adjusted occupant restraining device, or operate a school bus that	5726
has an occupant restraining device installed for use in its	5727
operator's seat unless that person is wearing all of the available	5728
elements of the device, as properly adjusted;	5729

(2) Operate an automobile on any street or highway unless	5730
each passenger in the automobile who is subject to the requirement	5731
set forth in division (B)(3) of this section is wearing all of the	5732
available elements of a properly adjusted occupant restraining	5733
device;	5734

(3) Occupy, as a passenger, a seating position on the front	5735
seat of an automobile being operated on any street or highway	5736
unless that person is wearing all of the available elements of a	5737
properly adjusted occupant restraining device;	5738

(4) Operate a taxicab on any street or highway unless all	5739
factory-equipped occupant restraining devices in the taxicab are	5740
maintained in usable form.	5741

(C) Division (B)(3) of this section does not apply to a	5742
person who is required by section 4511.81 of the Revised Code to	5743
be secured in a child restraint device or booster seat. Division	5744
(B)(1) of this section does not apply to a person who is an	5745
employee of the United States postal service or of a newspaper	5746
home delivery service, during any period in which the person is	5747
engaged in the operation of an automobile to deliver mail or	5748
newspapers to addressees. Divisions (B)(1) and (3) of this section	5749
do not apply to a person who has an affidavit signed by a	5750
physician licensed to practice in this state under Chapter 4731.	5751
of the Revised Code or a chiropractor licensed to practice in this	5752
state under Chapter 4734. of the Revised Code that states that the	5753
person has a physical impairment that makes use of an occupant	5754
restraining device impossible or impractical.	5755

(D) Notwithstanding any provision of law to the contrary, no	5756
law enforcement officer shall cause an operator of an automobile	5757
being operated on any street or highway to stop the automobile for	5758
the sole purpose of determining whether a violation of division	5759
(B) of this section has been or is being committed or for the sole	5760
purpose of issuing a ticket, citation, or summons for a violation	5761
of that nature or causing the arrest of or commencing a	5762
prosecution of a person for a violation of that nature, and no law	5763
enforcement officer shall view the interior or visually inspect	5764
any automobile being operated on any street or highway for the	5765
sole purpose of determining whether a violation of that nature has	5766
been or is being committed.	5767

(E) All fines collected for violations of division (B) of	5768
this section, or for violations of any ordinance or resolution of	5769
a political subdivision that is substantively comparable to that	5770
division, shall be forwarded to the treasurer of state for deposit	5771
as follows:	5772

(1) ~~Eight per cent shall be deposited into the seat belt~~	5773
~~education fund, which is hereby created in the state treasury, and~~	5774
~~shall be used by the department of public safety to establish a~~	5775
~~seat belt education program.~~	5776

~~(2)~~ Eight per cent shall be deposited into the elementary	5777
school program fund, which is hereby created in the state	5778
treasury, and shall be used by the department of public safety to	5779
establish and administer elementary school programs that encourage	5780
seat safety belt use.	5781

~~(3)~~(2) Two per cent shall be deposited into the occupational	5782
licensing and regulatory fund created by section 4743.05 of the	5783
Revised Code.	5784

~~(4) Twenty-eight~~(3) Thirty-six per cent, plus sixty cents of	5785
each fee collected under sections 4501.34, 4503.26, 4506.08, and	5786
4509.05, plus on and after October 1, 2009, sixty cents of each	5787
fee collected under sections 4505.14 and 4519.63 of the Revised	5788
Code as specified in those sections, shall be deposited into the	5789
trauma and emergency medical services fund, which is hereby	5790
created in the state treasury, and shall be used by the department	5791
of public safety for the administration of the division of	5792
emergency medical services and the state board of emergency	5793
medical services, except that the director of budget and	5794
management may transfer excess money from the trauma and emergency	5795
medical services fund to the state highway safety fund if the	5796
director of public safety determines that the amount of money in	5797
the trauma and emergency medical services fund exceeds the amount	5798
required to cover such costs incurred by the emergency medical	5799
services agency and requests the director of budget and management	5800
to make the transfer.	5801

~~(5)~~(4) Fifty-four per cent shall be deposited into the trauma	5802
and emergency medical services grants fund, which is hereby	5803
created in the state treasury, and shall be used by the state	5804
board of emergency medical services to make grants, in accordance	5805
with section 4765.07 of the Revised Code and rules the board	5806
adopts under section 4765.11 of the Revised Code.	5807

(F)(1) Subject to division (F)(2) of this section, the	5808
failure of a person to wear all of the available elements of a	5809
properly adjusted occupant restraining device in violation of	5810
division (B)(1) or (3) of this section or the failure of a person	5811
to ensure that each minor who is a passenger of an automobile	5812
being operated by that person is wearing all of the available	5813
elements of a properly adjusted occupant restraining device in	5814
violation of division (B)(2) of this section shall not be	5815
considered or used by the trier of fact in a tort action as	5816
evidence of negligence or contributory negligence. But, the trier	5817
of fact may determine based on evidence admitted consistent with	5818
the Ohio Rules of Evidence that the failure contributed to the	5819
harm alleged in the tort action and may diminish a recovery of	5820
compensatory damages that represents noneconomic loss, as defined	5821
in section 2307.011 of the Revised Code, in a tort action that	5822
could have been recovered but for the plaintiff's failure to wear	5823
all of the available elements of a properly adjusted occupant	5824
restraining device. Evidence of that failure shall not be used as	5825
a basis for a criminal prosecution of the person other than a	5826
prosecution for a violation of this section; and shall not be	5827
admissible as evidence in a criminal action involving the person	5828
other than a prosecution for a violation of this section.	5829

(2) If, at the time of an accident involving a passenger car	5830
equipped with occupant restraining devices, any occupant of the	5831
passenger car who sustained injury or death was not wearing an	5832
available occupant restraining device, was not wearing all of the	5833
available elements of such a device, or was not wearing such a	5834
device as properly adjusted, then, consistent with the Rules of	5835
Evidence, the fact that the occupant was not wearing the available	5836
occupant restraining device, was not wearing all of the available	5837
elements of such a device, or was not wearing such a device as	5838
properly adjusted is admissible in evidence in relation to any	5839
claim for relief in a tort action to the extent that the claim for	5840
relief satisfies all of the following:	5841

(a) It seeks to recover damages for injury or death to the	5842
occupant.	5843

(b) The defendant in question is the manufacturer, designer,	5844
distributor, or seller of the passenger car.	5845

(c) The claim for relief against the defendant in question is	5846
that the injury or death sustained by the occupant was enhanced or	5847
aggravated by some design defect in the passenger car or that the	5848
passenger car was not crashworthy.	5849

(G)(1) Whoever violates division (B)(1) of this section shall	5850
be fined thirty dollars.	5851

(2) Whoever violates division (B)(3) of this section shall be	5852
fined twenty dollars.	5853

(3) Except as otherwise provided in this division, whoever	5854
violates division (B)(4) of this section is guilty of a minor	5855
misdemeanor. If the offender previously has been convicted of or	5856
pleaded guilty to a violation of division (B)(4) of this section,	5857
whoever violates division (B)(4) of this section is guilty of a	5858
misdemeanor of the third degree.	5859

Sec. 4513.61. The sheriff of a county or chief of police of	5860
a municipal corporation, township, or township police district,	5861
within the sheriff's or chief's respective territorial	5862
jurisdiction, or a state highway patrol trooper, upon notification	5863
to the sheriff or chief of police of such action and of the	5864
location of the place of storage, may order into storage any motor	5865
vehicle, including an abandoned junk motor vehicle as defined in	5866
section 4513.63 of the Revised Code, that has come into the	5867
possession of the sheriff, chief of police, or state highway	5868
patrol trooper as a result of the performance of the sheriff's,	5869
chief's, or trooper's duties or that has been left on a public	5870
street or other property open to the public for purposes of	5871
vehicular travel, or upon or within the right-of-way of any road	5872
or highway, for forty-eight hours or longer without notification	5873
to the sheriff or chief of police of the reasons for leaving the	5874
motor vehicle in such place, except that when such a motor vehicle	5875
constitutes an obstruction to traffic it may be ordered into	5876
storage immediately. The sheriff or chief of police shall	5877
designate the place of storage of any motor vehicle so ordered	5878
removed.	5879

The sheriff or chief of police immediately shall cause a	5880
search to be made of the records of the bureau of motor vehicles	5881
to ascertain the owner and any lienholder of a motor vehicle	5882
ordered into storage by the sheriff or chief of police, or by a	5883
state highway patrol trooper, and, if known, shall send or cause	5884
to be sent notice to the owner or lienholder at the owner's or	5885
lienholder's last known address by certified mail with return	5886
receipt requested, that the motor vehicle will be declared a	5887
nuisance and disposed of if not claimed within ten days of the	5888
date of mailing of the notice. The owner or lienholder of the	5889
motor vehicle may reclaim it upon payment of any expenses or	5890
charges incurred in its removal and storage, and presentation of	5891
proof of ownership, which may be evidenced by a certificate of	5892
title or memorandum certificate of title to the motor vehicle. If	5893
the owner or lienholder of the motor vehicle reclaims it after a	5894
search of the records of the bureau has been conducted and after	5895
notice has been sent to the owner or lienholder as described in	5896
this section, and the search was conducted by the owner of the	5897
place of storage or the owner's employee, and the notice was sent	5898
to the motor vehicle owner by the owner of the place of storage or	5899
the owner's employee, the owner or lienholder shall pay to the	5900
place of storage a processing fee of twenty-five dollars, in	5901
addition to any expenses or charges incurred in the removal and	5902
storage of the vehicle.	5903

If the owner or lienholder makes no claim to the motor	5904
vehicle within ten days of the date of mailing of the notice, and	5905
if the vehicle is to be disposed of at public auction as provided	5906
in section 4513.62 of the Revised Code, the sheriff or chief of	5907
police, without charge to any party, shall file with the clerk of	5908
courts of the county in which the place of storage is located an	5909
affidavit showing compliance with the requirements of this	5910
section. Upon presentation of the affidavit, the clerk, without	5911
charge, shall issue a salvage certificate of title, free and clear	5912
of all liens and encumbrances, to the sheriff or chief of police.	5913
If the vehicle is to be disposed of to a motor vehicle salvage	5914
dealer or other facility as provided in section 4513.62 of the	5915
Revised Code, the sheriff or chief of police shall execute in	5916
triplicate an affidavit, as prescribed by the registrar of motor	5917
vehicles, describing the motor vehicle and the manner in which it	5918
was disposed of, and that all requirements of this section have	5919
been complied with. The sheriff or chief of police shall retain	5920
the original of the affidavit for the sheriff's or chief's	5921
records, and shall furnish two copies to the motor vehicle salvage	5922
dealer or other facility. Upon presentation of a copy of the	5923
affidavit by the motor vehicle salvage dealer, the clerk of	5924
courts, within thirty days of the presentation, shall issue to	5925
such owner a salvage certificate of title, free and clear of all	5926
liens and encumbrances.	5927

Whenever a motor vehicle salvage dealer or other facility	5928
receives an affidavit for the disposal of a motor vehicle as	5929
provided in this section, the dealer or facility shall not be	5930
required to obtain an Ohio certificate of title to the motor	5931
vehicle in the dealer's or facility's own name if the vehicle is	5932
dismantled or destroyed and both copies of the affidavit are	5933
delivered to the clerk of courts.	5934

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	5935
Revised Code:	5936

(A) "Persons" includes individuals, firms, partnerships,	5937
associations, joint stock companies, corporations, and any	5938
combinations of individuals.	5939

(B) "Motor vehicle" means motor vehicle as defined in section	5940
4501.01 of the Revised Code and also includes "all-purpose	5941
vehicle" and "off-highway motorcycle" as those terms are defined	5942
in section 4519.01 of the Revised Code. "Motor vehicle" does not	5943
include a snowmobile as defined in section 4519.01 of the Revised	5944
Code or manufactured and mobile homes.	5945

(C) "New motor vehicle" means a motor vehicle, the legal	5946
title to which has never been transferred by a manufacturer,	5947
remanufacturer, distributor, or dealer to an ultimate purchaser.	5948

(D) "Ultimate purchaser" means, with respect to any new motor	5949
vehicle, the first person, other than a dealer purchasing in the	5950
capacity of a dealer, who in good faith purchases such new motor	5951
vehicle for purposes other than resale.	5952

(E) "Business" includes any activities engaged in by any	5953
person for the object of gain, benefit, or advantage either direct	5954
or indirect.	5955

(F) "Engaging in business" means commencing, conducting, or	5956
continuing in business, or liquidating a business when the	5957
liquidator thereof holds self out to be conducting such business;	5958
making a casual sale or otherwise making transfers in the ordinary	5959
course of business when the transfers are made in connection with	5960
the disposition of all or substantially all of the transferor's	5961
assets is not engaging in business.	5962

(G) "Retail sale" or "sale at retail" means the act or	5963
attempted act of selling, bartering, exchanging, or otherwise	5964
disposing of a motor vehicle to an ultimate purchaser for use as a	5965
consumer.	5966

(H) "Retail installment contract" includes any contract in	5967
the form of a note, chattel mortgage, conditional sales contract,	5968
lease, agreement, or other instrument payable in one or more	5969
installments over a period of time and arising out of the retail	5970
sale of a motor vehicle.	5971

(I) "Farm machinery" means all machines and tools used in the	5972
production, harvesting, and care of farm products.	5973

(J) "Dealer" or "motor vehicle dealer" means any new motor	5974
vehicle dealer, any motor vehicle leasing dealer, and any used	5975
motor vehicle dealer.	5976

(K) "New motor vehicle dealer" means any person engaged in	5977
the business of selling at retail, displaying, offering for sale,	5978
or dealing in new motor vehicles pursuant to a contract or	5979
agreement entered into with the manufacturer, remanufacturer, or	5980
distributor of the motor vehicles.	5981

(L) "Used motor vehicle dealer" means any person engaged in	5982
the business of selling, displaying, offering for sale, or dealing	5983
in used motor vehicles, at retail or wholesale, but does not mean	5984
any new motor vehicle dealer selling, displaying, offering for	5985
sale, or dealing in used motor vehicles incidentally to engaging	5986
in the business of selling, displaying, offering for sale, or	5987
dealing in new motor vehicles, any person engaged in the business	5988
of dismantling, salvaging, or rebuilding motor vehicles by means	5989
of using used parts, or any public officer performing official	5990
duties.	5991

(M) "Motor vehicle leasing dealer" means any person engaged	5992
in the business of regularly making available, offering to make	5993
available, or arranging for another person to use a motor vehicle	5994
pursuant to a bailment, lease, sublease, or other contractual	5995
arrangement under which a charge is made for its use at a periodic	5996
rate for a term of thirty days or more, and title to the motor	5997
vehicle is in and remains in the motor vehicle leasing dealer who	5998
originally leases it, irrespective of whether or not the motor	5999
vehicle is the subject of a later sublease, and not in the user,	6000
but does not mean a manufacturer or its affiliate leasing to its	6001
employees or to dealers.	6002

(N) "Salesperson" means any person employed by a dealer or	6003
manufactured home broker to sell, display, and offer for sale, or	6004
deal in motor vehicles for a commission, compensation, or other	6005
valuable consideration, but does not mean any public officer	6006
performing official duties.	6007

(O) "Casual sale" means any transfer of a motor vehicle by a	6008
person other than a new motor vehicle dealer, used motor vehicle	6009
dealer, motor vehicle salvage dealer, as defined in division (A)	6010
of section 4738.01 of the Revised Code, salesperson, motor vehicle	6011
auction owner, manufacturer, or distributor acting in the capacity	6012
of a dealer, salesperson, auction owner, manufacturer, or	6013
distributor, to a person who purchases the motor vehicle for use	6014
as a consumer.	6015

(P) "Motor vehicle show" means a display of current models of	6016
motor vehicles whereby the primary purpose is the exhibition of	6017
competitive makes and models in order to provide the general	6018
public the opportunity to review and inspect various makes and	6019
models of motor vehicles at a single location.	6020

(Q) "Motor vehicle auction owner" means any person who is	6021
engaged wholly or in part in the business of auctioning motor	6022
vehicles, but does not mean a construction equipment auctioneer or	6023
a construction equipment auction licensee.	6024

(R) "Manufacturer" means a person who manufactures,	6025
assembles, or imports motor vehicles, including motor homes, but	6026
does not mean a person who only assembles or installs a body,	6027
special equipment unit, finishing trim, or accessories on a motor	6028
vehicle chassis supplied by a manufacturer or distributor.	6029

(S) "Tent-type fold-out camping trailer" means any vehicle	6030
intended to be used, when stationary, as a temporary shelter with	6031
living and sleeping facilities, and that is subject to the	6032
following properties and limitations:	6033

(1) A minimum of twenty-five per cent of the fold-out portion	6034
of the top and sidewalls combined must be constructed of canvas,	6035
vinyl, or other fabric, and form an integral part of the shelter.	6036

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

6037

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

6038

(b) Sixty inches in height from the point of contact with the	6039
ground;	6040

6041

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

6042

(T) "Distributor" means any person authorized by a motor	6043
vehicle manufacturer to distribute new motor vehicles to licensed	6044
new motor vehicle dealers, but does not mean a person who only	6045
assembles or installs a body, special equipment unit, finishing	6046
trim, or accessories on a motor vehicle chassis supplied by a	6047
manufacturer or distributor.	6048

(U) "Flea market" means a market place, other than a dealer's	6049
location licensed under this chapter, where a space or location is	6050
provided for a fee or compensation to a seller to exhibit and	6051
offer for sale or trade, motor vehicles to the general public.	6052

(V) "Franchise" means any written agreement, contract, or	6053
understanding between any motor vehicle manufacturer or	6054
remanufacturer engaged in commerce and any motor vehicle dealer	6055
that purports to fix the legal rights and liabilities of the	6056
parties to such agreement, contract, or understanding.	6057

(W) "Franchisee" means a person who receives new motor	6058
vehicles from the franchisor under a franchise agreement and who	6059
offers, sells, and provides service for such new motor vehicles to	6060
the general public.	6061

(X) "Franchisor" means a new motor vehicle manufacturer,	6062
remanufacturer, or distributor who supplies new motor vehicles	6063
under a franchise agreement to a franchisee.	6064

(Y) "Dealer organization" means a state or local trade	6065
association the membership of which is comprised predominantly of	6066
new motor vehicle dealers.	6067

(Z) "Factory representative" means a representative employed	6068
by a manufacturer, remanufacturer, or by a factory branch	6069
primarily for the purpose of promoting the sale of its motor	6070
vehicles, parts, or accessories to dealers or for supervising or	6071
contacting its dealers or prospective dealers.	6072

(AA) "Administrative or executive management" means those	6073
individuals who are not subject to federal wage and hour laws.	6074

(BB) "Good faith" means honesty in the conduct or transaction	6075
concerned and the observance of reasonable commercial standards of	6076
fair dealing in the trade as is defined in division (S) of section	6077
1301.01 of the Revised Code, including, but not limited to, the	6078
duty to act in a fair and equitable manner so as to guarantee	6079
freedom from coercion, intimidation, or threats of coercion or	6080
intimidation; provided however, that recommendation, endorsement,	6081
exposition, persuasion, urging, or argument shall not be	6082
considered to constitute a lack of good faith.	6083

(CC) "Coerce" means to compel or attempt to compel by failing	6084
to act in good faith or by threat of economic harm, breach of	6085
contract, or other adverse consequences. Coerce does not mean to	6086
argue, urge, recommend, or persuade.	6087

(DD) "Relevant market area" means any area within a radius of	6088
ten miles from the site of a potential new dealership, except that	6089
for manufactured home or recreational vehicle dealerships the	6090
radius shall be twenty-five miles. The ten-mile radius shall be	6091
measured from the dealer's established place of business that is	6092
used exclusively for the purpose of selling, displaying, offering	6093
for sale, or dealing in motor vehicles.	6094

(EE) "Wholesale" or "at wholesale" means the act or attempted	6095
act of selling, bartering, exchanging, or otherwise disposing of a	6096
motor vehicle to a transferee for the purpose of resale and not	6097
for ultimate consumption by that transferee.	6098

(FF) "Motor vehicle wholesaler" means any person licensed as	6099
a dealer under the laws of another state and engaged in the	6100
business of selling, displaying, or offering for sale used motor	6101
vehicles, at wholesale, but does not mean any motor vehicle dealer	6102
as defined in this section.	6103

(GG)(1) "Remanufacturer" means a person who assembles or	6104
installs passenger seating, walls, a roof elevation, or a body	6105
extension on a conversion van with the motor vehicle chassis	6106
supplied by a manufacturer or distributor, a person who modifies a	6107
truck chassis supplied by a manufacturer or distributor for use as	6108
a public safety or public service vehicle, a person who modifies a	6109
motor vehicle chassis supplied by a manufacturer or distributor	6110
for use as a limousine or hearse, or a person who modifies an	6111
incomplete motor vehicle cab and chassis supplied by a new motor	6112
vehicle dealer or distributor for use as a tow truck, but does not	6113
mean either of the following:	6114

(a) A person who assembles or installs passenger seating, a	6115
roof elevation, or a body extension on a recreational vehicle as	6116
defined in division (Q) and referred to in division (B) of section	6117
4501.01 of the Revised Code;	6118

(b) A person who assembles or installs special equipment or	6119
accessories for handicapped persons, as defined in section 4503.44	6120
of the Revised Code, upon a motor vehicle chassis supplied by a	6121
manufacturer or distributor.	6122

(2) For the purposes of division (GG)(1) of this section,	6123
"public safety vehicle or public service vehicle" means a fire	6124
truck, ambulance, school bus, street sweeper, garbage packing	6125
truck, or cement mixer, or a mobile self-contained facility	6126
vehicle.	6127

(3) For the purposes of division (GG)(1) of this section,	6128
"limousine" means a motor vehicle, designed only for the purpose	6129
of carrying nine or fewer passengers, that a person modifies by	6130
cutting the original chassis, lengthening the wheelbase by forty	6131
inches or more, and reinforcing the chassis in such a way that all	6132
modifications comply with all applicable federal motor vehicle	6133
safety standards. No person shall qualify as or be deemed to be a	6134
remanufacturer who produces limousines unless the person has a	6135
written agreement with the manufacturer of the chassis the person	6136
utilizes to produce the limousines to complete properly the	6137
remanufacture of the chassis into limousines.	6138

(4) For the purposes of division (GG)(1) of this section,	6139
"hearse" means a motor vehicle, designed only for the purpose of	6140
transporting a single casket, that is equipped with a compartment	6141
designed specifically to carry a single casket that a person	6142
modifies by cutting the original chassis, lengthening the	6143
wheelbase by ten inches or more, and reinforcing the chassis in	6144
such a way that all modifications comply with all applicable	6145
federal motor vehicle safety standards. No person shall qualify as	6146
or be deemed to be a remanufacturer who produces hearses unless	6147
the person has a written agreement with the manufacturer of the	6148
chassis the person utilizes to produce the hearses to complete	6149
properly the remanufacture of the chassis into hearses.	6150

(5) For the purposes of division (GG)(1) of this section,	6151
"mobile self-contained facility vehicle" means a mobile classroom	6152
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	6153
testing laboratory, and mobile display vehicle, each of which is	6154
designed for purposes other than for passenger transportation and	6155
other than the transportation or displacement of cargo, freight,	6156
materials, or merchandise. A vehicle is remanufactured into a	6157
mobile self-contained facility vehicle in part by the addition of	6158
insulation to the body shell, and installation of all of the	6159
following: a generator, electrical wiring, plumbing, holding	6160
tanks, doors, windows, cabinets, shelving, and heating,	6161
ventilating, and air conditioning systems.	6162

(6) For the purposes of division (GG)(1) of this section,	6163
"tow truck" means both of the following:	6164

(a) An incomplete cab and chassis that are purchased by a	6165
remanufacturer from a new motor vehicle dealer or distributor of	6166
the cab and chassis and on which the remanufacturer then installs	6167
in a permanent manner a wrecker body it purchases from a	6168
manufacturer or distributor of wrecker bodies, installs an	6169
emergency flashing light pylon and emergency lights upon the mast	6170
of the wrecker body or rooftop, and installs such other related	6171
accessories and equipment, including push bumpers, front grille	6172
guards with pads and other custom-ordered items such as painting,	6173
special lettering, and safety striping so as to create a complete	6174
motor vehicle capable of lifting and towing another motor vehicle.	6175

(b) An incomplete cab and chassis that are purchased by a	6176
remanufacturer from a new motor vehicle dealer or distributor of	6177
the cab and chassis and on which the remanufacturer then installs	6178
in a permanent manner a car carrier body it purchases from a	6179
manufacturer or distributor of car carrier bodies, installs an	6180
emergency flashing light pylon and emergency lights upon the	6181
rooftop, and installs such other related accessories and	6182
equipment, including push bumpers, front grille guards with pads	6183
and other custom-ordered items such as painting, special	6184
lettering, and safety striping.	6185

As used in division (GG)(6)(b) of this section, "car carrier	6186
body" means a mechanical or hydraulic apparatus capable of lifting	6187
and holding a motor vehicle on a flat level surface so that one or	6188
more motor vehicles can be transported, once the car carrier is	6189
permanently installed upon an incomplete cab and chassis.	6190

(HH) "Operating as a new motor vehicle dealership" means	6191
engaging in activities such as displaying, offering for sale, and	6192
selling new motor vehicles at retail, operating a service facility	6193
to perform repairs and maintenance on motor vehicles, offering for	6194
sale and selling motor vehicle parts at retail, and conducting all	6195
other acts that are usual and customary to the operation of a new	6196
motor vehicle dealership. For the purposes of this chapter only,	6197
possession of either a valid new motor vehicle dealer franchise	6198
agreement or a new motor vehicle dealers license, or both of these	6199
items, is not evidence that a person is operating as a new motor	6200
vehicle dealership.	6201

(II) "Outdoor power equipment" means garden and small utility	6202
tractors, walk-behind and riding mowers, chainsaws, and tillers.	6203

(JJ) "Remote service facility" means premises that are	6204
separate from a licensed new motor vehicle dealer's sales facility	6205
by not more than one mile and that are used by the dealer to	6206
perform repairs, warranty work, recall work, and maintenance on	6207
motor vehicles pursuant to a franchise agreement entered into with	6208
a manufacturer of motor vehicles. A remote service facility shall	6209
be deemed to be part of the franchise agreement and is subject to	6210
all the rights, duties, obligations, and requirements of Chapter	6211
4517. of the Revised Code that relate to the performance of motor	6212
vehicle repairs, warranty work, recall work, and maintenance work	6213
by new motor vehicle dealers.	6214

(KK) "Recreational vehicle" has the same meaning as in	6215
section 4501.01 of the Revised Code.	6216

(LL) "Construction equipment auctioneer" means a person who	6217
holds both a valid auctioneer's license issued under Chapter 4707.	6218
of the Revised Code and a valid construction equipment auction	6219
license issued under this chapter.	6220

(MM) "Large construction or transportation equipment" means	6221
vehicles having a gross vehicle weight rating of more than ten	6222
thousand pounds and includes road rollers, traction engines, power	6223
shovels, power cranes, commercial cars and trucks, or farm trucks,	6224
and other similar vehicles obtained primarily from the	6225
construction, mining, transportation or farming industries.	6226

Sec. 4517.02. (A) Except as otherwise provided in this	6227
section, no person shall do any of the following:	6228

(1) Engage in the business of displaying or selling at retail	6229
new motor vehicles or assume to engage in that business, unless	6230
the person is licensed as a new motor vehicle dealer under	6231
sections 4517.01 to 4517.45 of the Revised Code, or is a	6232
salesperson licensed under those sections and employed by a	6233
licensed new motor vehicle dealer;	6234

(2) Engage in the business of offering for sale, displaying	6235
for sale, or selling at retail or wholesale used motor vehicles or	6236
assume to engage in that business, unless the person is licensed	6237
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	6238
or is a salesperson licensed under those sections and employed by	6239
a licensed used motor vehicle dealer or licensed new motor vehicle	6240
dealer, or the person holds a construction equipment auction	6241
license issued under section 4517.17 of the Revised Code;	6242

(3) Engage in the business of regularly making available,	6243
offering to make available, or arranging for another person to use	6244
a motor vehicle, in the manner described in division (M) of	6245
section 4517.01 of the Revised Code, unless the person is licensed	6246
as a motor vehicle leasing dealer under sections 4517.01 to	6247
4517.45 of the Revised Code;	6248

(4) Engage in the business of motor vehicle auctioning or	6249
assume to engage in that business, unless the person is licensed	6250
as a motor vehicle auction owner under sections 4517.01 to 4517.45	6251
of the Revised Code and the person uses an auctioneer who is	6252
licensed under Chapter 4707. of the Revised Code to conduct the	6253
motor vehicle auctions or the person holds a construction	6254
equipment auction license issued under section 4517.17 of the	6255
Revised Code;	6256

(5) Engage in the business of distributing motor vehicles or	6257
assume to engage in that business, unless the person is licensed	6258
as a distributor under sections 4517.01 to 4517.45 of the Revised	6259
Code;	6260

(6) Make more than five casual sales of motor vehicles in a	6261
twelve-month period, commencing with the day of the month in which	6262
the first such sale is made, nor provide a location or space for	6263
the sale of motor vehicles at a flea market, without obtaining a	6264
license as a dealer under sections 4517.01 to 4517.45 of the	6265
Revised Code, provided that nothing in this section shall be	6266
construed to prohibit the disposition without a license of a motor	6267
vehicle originally acquired and held for purposes other than sale,	6268
rental, or lease to an employee, retiree, officer, or director of	6269
the person making the disposition, to a corporation affiliated	6270
with the person making the disposition, or to a person licensed	6271
under sections 4517.01 to 4517.45 of the Revised Code;	6272

(7) Engage in the business of auctioning large construction	6273
or transportation equipment and motor vehicles incident thereto,	6274
unless the person is a construction equipment auctioneer or the	6275
person is licensed as a motor vehicle auction owner and the person	6276
uses an auctioneer who is licensed under Chapter 4707. of the	6277
Revised Code to conduct the auction.	6278

(B) Nothing in this section shall be construed to require an	6279
auctioneer licensed under sections 4707.01 to 4707.19 of the	6280
Revised Code, to obtain a motor vehicle salesperson's license	6281
under sections 4517.01 to 4517.45 of the Revised Code when	6282
conducting an auction sale for a licensed motor vehicle dealer on	6283
the dealer's premises, or when conducting an auction sale for a	6284
licensed motor vehicle auction owner; nor shall such an auctioneer	6285
be required to obtain a motor vehicle auction owner's license	6286
under sections 4517.01 to 4517.45 of the Revised Code when engaged	6287
in auctioning for a licensed motor vehicle auction owner.	6288

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	6289
apply to any of the following:	6290

(1) Persons engaging in the business of selling commercial	6291
tractors, trailers, or semitrailers incidentally to engaging	6292
primarily in business other than the selling or leasing of motor	6293
vehicles;	6294

(2) Mortgagees selling at retail only those motor vehicles	6295
that have come into their possession by a default in the terms of	6296
a mortgage contract;	6297

(3) The leasing, rental, and interchange of motor vehicles	6298
used directly in the rendition of a public utility service by	6299
regulated motor carriers.	6300

(D) When a partnership licensed under sections 4517.01 to	6301
4517.45 of the Revised Code is dissolved by death, the surviving	6302
partners may operate under the license for a period of sixty days,	6303
and the heirs or representatives of deceased persons and receivers	6304
or trustees in bankruptcy appointed by any competent authority may	6305
operate under the license of the person succeeded in possession by	6306
that heir, representative, receiver, or trustee in bankruptcy.	6307

(E) No remanufacturer shall engage in the business of selling	6308
at retail any new motor vehicle without having written authority	6309
from the manufacturer or distributor of the vehicle to sell new	6310
motor vehicles and to perform repairs under the terms of the	6311
manufacturer's or distributor's new motor vehicle warranty,	6312
unless, at the time of the sale of the vehicle, each customer is	6313
furnished with a binding agreement ensuring that the customer has	6314
the right to have the vehicle serviced or repaired by a new motor	6315
vehicle dealer who is franchised to sell and service vehicles of	6316
the same line-make as the chassis of the remanufactured vehicle	6317
purchased by the customer and whose service or repair facility is	6318
located within either twenty miles of the remanufacturer's	6319
location and place of business or twenty miles of the customer's	6320
residence or place of business. If there is no such new motor	6321
vehicle dealer located within twenty miles of the remanufacturer's	6322
location and place of business or the customer's residence or	6323
place of business, the binding agreement furnished to the customer	6324
may be with the new motor vehicle dealer who is franchised to sell	6325
and service vehicles of the same line-make as the chassis of the	6326
remanufactured vehicle purchased by the customer and whose service	6327
or repair facility is located nearest to the remanufacturer's	6328
location and place of business or the customer's residence or	6329
place of business. Additionally, at the time of sale of any	6330
vehicle, each customer of the remanufacturer shall be furnished	6331
with a warranty issued by the remanufacturer for a term of at	6332
least one year.	6333

(F) Except as otherwise provided in this division, whoever	6334
violates this section is guilty of a minor misdemeanor and shall	6335
be subject to a mandatory fine of one hundred dollars. If the	6336
offender previously has been convicted of or pleaded guilty to a	6337
violation of this section, whoever violates this section is guilty	6338
of a misdemeanor of the first degree and shall be subject to a	6339
mandatory fine of one thousand dollars.	6340

Sec. 4517.03. (A) A place of business that is used for	6341
selling, displaying, offering for sale, or dealing in motor	6342
vehicles shall be considered as used exclusively for those	6343
purposes even though snowmobiles, farm machinery, outdoor power	6344
equipment, watercraft and related products, or products	6345
manufactured or distributed by a motor vehicle manufacturer with	6346
which the motor vehicle dealer has a franchise agreement are sold	6347
or displayed there, or if repair, accessory, gasoline and oil,	6348
storage, parts, service, or paint departments are maintained	6349
there, or such products or services are provided there, if the	6350
departments are operated or the products or services are provided	6351
for the business of selling, displaying, offering for sale, or	6352
dealing in motor vehicles. Places of business or departments in a	6353
place of business used to dismantle, salvage, or rebuild motor	6354
vehicles by means of using used parts, are not considered as being	6355
maintained for the purpose of assisting or furthering the selling,	6356
displaying, offering for sale, or dealing in motor vehicles. A	6357
place of business shall be considered as used exclusively for	6358
selling, displaying, offering for sale, or dealing in motor	6359
vehicles even though a business owned by a motor vehicle leasing	6360
dealer or a motor vehicle renting dealer is located at the place	6361
of business.	6362

(B)(1) No new motor vehicle dealer shall sell, display, offer	6363
for sale, or deal in motor vehicles at any place except an	6364
established place of business that is used exclusively for the	6365
purpose of selling, displaying, offering for sale, or dealing in	6366
motor vehicles. The place of business shall have space, under	6367
roof, for the display of at least one new motor vehicle. The	6368
established place of business or, if the dealer operates a remote	6369
service facility, the dealer's remote service facility shall have	6370
facilities and space for the inspection, servicing, and repair of	6371
at least one motor vehicle. However a new motor vehicle dealer	6372
selling manufactured or mobile homes is exempt from the	6373
requirement that a place of business have space, under roof, for	6374
the display of at least one new motor vehicle and facilities and	6375
space for the inspection, servicing, and repair of at least one	6376
motor vehicle.	6377

(2) A licensed new motor vehicle dealer may operate a remote	6378
service facility with the consent of the manufacturer and only to	6379
perform repairs, warranty work, recall work, and maintenance on	6380
motor vehicles as part of the dealer's franchised and licensed new	6381
motor vehicle dealership. The remote service facility shall be	6382
included on the new motor vehicle dealer's license and be deemed	6383
to be part of the dealer's licensed location.	6384

(3) No person shall use a remote service facility for	6385
selling, displaying, or offering for sale motor vehicles.	6386

(C) No used motor vehicle dealer shall sell, display, offer	6387
for sale, or deal in motor vehicles at any place except an	6388
established place of business that is used exclusively for the	6389
purpose of selling, displaying, offering for sale, or dealing in	6390
motor vehicles.	6391

(D) No motor vehicle leasing dealer shall make a motor	6392
vehicle available for use by another, in the manner described in	6393
division (M) of section 4517.01 of the Revised Code, at any place	6394
except an established place of business that is used for leasing	6395
motor vehicles; except that a motor vehicle leasing dealer who is	6396
also a new motor vehicle dealer or used motor vehicle dealer may	6397
lease motor vehicles at the same place of business at which the	6398
dealer sells, offers for sale, or deals in new or used motor	6399
vehicles.	6400

(E) No motor vehicle leasing dealer or motor vehicle renting	6401
dealer shall sell a motor vehicle within ninety days after a	6402
certificate of title to the motor vehicle is issued to the dealer,	6403
except ~~when a~~as follows:	6404

(1) A salvage certificate of title ismay be issued to	6405
replace the original certificate of title ~~and except when a~~.	6406

(2) A motor vehicle leasing dealer ~~sells~~may sell a motor	6407
vehicle to another motor vehicle leasing dealer at the end of a	6408
sublease pursuant to that sublease.	6409

(3) A motor vehicle leasing dealer may sell a motor vehicle	6410
previously titled to an ultimate purchaser to another licensed	6411
motor vehicle dealer.	6412

(4) A motor vehicle leasing dealer may sell a motor vehicle	6413
when the motor vehicle has been titled in the dealer's name or in	6414
the name of an entity affiliated with the dealer in this state or	6415
another state for a cumulative period of ninety days.	6416

(F) No distributor shall distribute new motor vehicles to new	6417
motor vehicle dealers at any place except an established place of	6418
business that is used exclusively for the purpose of distributing	6419
new motor vehicles to new motor vehicle dealers; except that a	6420
distributor who is also a new motor vehicle dealer may distribute	6421
new motor vehicles at the same place of business at which the	6422
distributor sells, displays, offers for sale, or deals in new	6423
motor vehicles.	6424

(G) No person, firm, or corporation that sells, displays, or	6425
offers for sale tent-type fold-out camping trailers is subject to	6426
the requirement that the person's, firm's, or corporation's place	6427
of business be used exclusively for the purpose of selling,	6428
displaying, offering for sale, or dealing in motor vehicles. No	6429
person, firm, or corporation that sells, displays, or offers for	6430
sale tent-type fold-out camping trailers, trailers, semitrailers,	6431
or park trailers is subject to the requirement that the place of	6432
business have space, under roof, for the display of at least one	6433
new motor vehicle and facilities and space for the inspection,	6434
servicing, and repair of at least one motor vehicle.	6435

(H) Nothing in this section shall be construed to prohibit	6436
persons licensed under this chapter from making sales calls.	6437

(I) Whoever violates this section is guilty of a misdemeanor	6438
of the fourth degree.	6439

(J) As used in this section:

6440

(1) "Motor vehicle leasing dealer" has the same meaning as in	6441
section 4517.01 of the Revised Code.	6442

(2) "Motor vehicle renting dealer" has the same meaning as in	6443
section 4549.65 of the Revised Code.	6444

(3) "Watercraft" has the same meaning as in section 1547.01	6445
of the Revised Code.	6446

Sec. 4517.16. A person is eligible for a construction	6447
equipment auction license under section 4517.17 of the Revised	6448
Code if the person meets all of the following requirements:	6449

(A) Maintains a permanent auction site within this state that	6450
is at least ninety acres in size and maintains over sixty thousand	6451
square feet of total facility space;	6452

(B) Is engaged primarily in the business of selling large	6453
construction and transportation equipment at auction, receives	6454
more than one million dollars in gross annual sales in this state,	6455
and derives not more than ten per cent of the person's gross	6456
annual sales revenue in this state from the sale of motor vehicles	6457
having a gross vehicle weight rating of ten thousand pounds or	6458
less.	6459

Sec. 4517.17. (A) Each person applying for a construction	6460
equipment auction license shall make out and deliver an	6461
application to the registrar of motor vehicles, upon a form	6462
furnished by the registrar for that purpose. The application shall	6463
be signed and sworn to by the applicant and shall include such	6464
information as the registrar may require by rule.	6465

(B) The registrar shall issue a construction equipment	6466
auction license to any applicant who meets the requirements of	6467
this section and section 4517.16 of the Revised Code and pays the	6468
fee required by this section.	6469

(C) A construction equipment auction license shall expire	6470
five years after the date of issuance unless sooner revoked. The	6471
fee for a construction equipment auction license shall be seven	6472
thousand five hundred dollars and shall accompany the application.	6473
The registrar shall deposit all fees received under this section	6474
into the state treasury to the credit of the state bureau of motor	6475
vehicles fund established by section 4501.25 of the Revised Code.	6476

(D) In accordance with Chapter 119. of the Revised Code, the	6477
registrar shall adopt rules necessary for the regulation of	6478
construction equipment auction sales and licensees, which rules	6479
shall be specific to construction equipment auction sales and	6480
licensees, separate and distinct from any other rules adopted	6481
under this chapter.	6482

(E) At the time the registrar grants the application of any	6483
person for a construction equipment auction license, the registrar	6484
shall issue to the person a license, which shall include the name	6485
and post-office address of the person licensed.	6486

(F) The business records of a construction equipment auction	6487
licensee shall be open for reasonable inspection by the registrar	6488
or the registrar's authorized agent.	6489

(G) Each construction equipment auction licensee shall keep	6490
the license, or a certified copy of the license, posted in a	6491
conspicuous place in each place of its business.	6492

Sec. 4517.171. (A) The registrar of motor vehicles shall	6493
deny the application of any person for a construction equipment	6494
auction license or may revoke a license previously issued if the	6495
registrar finds that the person:	6496

(1) Is not eligible for the license pursuant to section	6497
4517.16 of the Revised Code;	6498

(2) Has made any false statement of a material fact in the	6499
application;	6500

(3) Is of bad business repute or has habitually defaulted on	6501
financial obligations;	6502

(4) Has been guilty of a fraudulent act in connection with	6503
selling or otherwise dealing in auctions, vehicles, or equipment;	6504

(5) Is insolvent;

6505

(6) Is of insufficient responsibility to ensure the prompt	6506
payment of any final judgments that might reasonably be entered	6507
against the applicant because of the transaction of the	6508
construction equipment auction business during the period of the	6509
license applied for, or has failed to satisfy any such judgment.	6510

(B) Any person who has been denied a license or has had a	6511
license revoked under this section may appeal from the action of	6512
the registrar to the motor vehicle dealers board in the manner	6513
provided in section 4517.33 of the Revised Code.	6514

Sec. 4517.18. (A) A construction equipment auction licensee	6515
may sell at auction large construction or transportation equipment	6516
and shall do all of the following:	6517

(1) Have title present for all vehicles to be sold by	6518
auction;	6519

(2) Except as provided in division (B) of this section, sell,	6520
at auction, only vehicles with a gross vehicle weight rating of	6521
more than ten thousand pounds;	6522

(3) File with the bureau of motor vehicles on an annual basis	6523
a certification stating the gross proceeds generated from auctions	6524
held at the auction site during the prior calendar year and the	6525
gross proceeds generated from the sale of motor vehicles having a	6526
gross vehicle weight rating of ten thousand pounds or less during	6527
such year.	6528

(B) A construction equipment auctioneer may sell, at auction,	6529
motor vehicles having a gross vehicle weight rating of ten	6530
thousand pounds or less, only if the construction equipment	6531
auctioneer complies with all applicable provisions of Chapter	6532
4505. of the Revised Code concerning the titling of such vehicles,	6533
Chapter 5739. of the Revised Code concerning the withholding and	6534
payment of sales taxes in connection with the sale of such motor	6535
vehicles, and Chapter 5751. of the Revised Code concerning the	6536
payment of commercial activity taxes on the sale of such motor	6537
vehicles in the same manner as a motor vehicle dealer, including	6538
transferring title to such vehicles to the licensee's name prior	6539
to the auction.	6540

(C) No construction equipment auction licensee shall do any	6541
of the following:	6542

(1) Sell vehicles with a manufacturer's statement of origin;

6543

(2) Hold any motor vehicle dealer licenses issued by this	6544
state at the same time as holding a construction equipment auction	6545
license, and the construction equipment auction license shall be	6546
separate and distinct from any other license issued under this	6547
chapter;	6548

(3) Sell at auction a motor vehicle having a gross vehicle	6549
weight rating of ten thousand pounds or less unless the owner of	6550
such motor vehicle also sells large construction or transportation	6551
equipment through the construction equipment auction licensee.	6552

(D) Whoever violates this section is guilty of a minor	6553
misdemeanor on a first offense and a misdemeanor of the fourth	6554
degree on subsequent offenses. In addition, the court shall impose	6555
on the offender a fine of up to ten thousand dollars.	6556

Sec. 4517.33. The motor vehicle dealers board shall hear	6557
appeals which may be taken from an order of the registrar of motor	6558
vehicles, refusing to issue a license. All appeals from any order	6559
of the registrar refusing to issue any license upon proper	6560
application must be taken within thirty days from the date of the	6561
order, or the order is final and conclusive. All appeals from	6562
orders of the registrar must be by petition in writing and	6563
verified under oath by the applicant whose application for license	6564
has been denied, and must set forth the reason for the appeal and	6565
the reason why, in the petitioner's opinion, the order of the	6566
registrar is not correct. In such appeals the board may make	6567
investigation to determine the correctness and legality of the	6568
order of the registrar.	6569

The board may make rules governing its actions relative to	6570
the suspension and revocation of dealers', motor vehicle leasing	6571
dealers', distributors', auction owners', ~~and~~ salespersons', and	6572
construction equipment auction licenses, and may, upon its own	6573
motion, and shall, upon the verified complaint in writing of any	6574
person, investigate the conduct of any licensee under sections	6575
4517.01 to 4517.65 of the Revised Code. The board shall suspend or	6576
revoke or notify the registrar to refuse to renew any dealer's,	6577
motor vehicle leasing dealer's, distributor's, auction owner's, or	6578
salesperson's, or construction equipment auction license, if any	6579
ground existed upon which the license might have been refused, or	6580
if a ground exists that would be cause for refusal to issue a	6581
license.	6582

The board may suspend or revoke any license if the licensee	6583
has in any manner violated the rules issued pursuant to sections	6584
4517.01 to 4517.65 of the Revised Code, or has violated section	6585
4501.02 of the Revised Code, or has been convicted of committing a	6586
felony or violating any law that in any way relates to the	6587
selling, taxing, licensing, or regulation of sales of motor	6588
vehicles.	6589

Sec. 4582.12. (A)(1) Except as otherwise provided in	6590
division (E) of section 307.671 of the Revised Code, division (A)	6591
of this section does not apply to a port authority educational and	6592
cultural facility acquired, constructed, and equipped pursuant to	6593
a cooperative agreement entered into under section 307.671 of the	6594
Revised Code.	6595

(2)(a) Except as provided in division (C) of this section,	6596
when the cost of a contract for the construction of any building,	6597
structure, or other improvement undertaken by a port authority	6598
involves an expenditure exceeding ~~twenty-five~~the higher of one	6599
hundred thousand dollars or the amount as adjusted under division	6600
(A)(2)(b) of this section and the port authority is the	6601
contracting entity, the port authority shall make a written	6602
contract after notice calling for bids for the award of the	6603
contract has been given by publication twice, with at least seven	6604
days between publications, in a newspaper of general circulation	6605
in the area of the jurisdiction of the port authority. Each such	6606
contract shall be let to the lowest responsive and responsible	6607
bidder in accordance with section 9.312 of the Revised Code. Every	6608
contract let shall be in writing and if the contract involves work	6609
or construction, it shall be accompanied by or shall refer to	6610
plans and specifications for the work to be done, prepared for and	6611
approved by the port authority, signed by an authorized officer of	6612
the port authority and by the contractor, and shall be executed in	6613
triplicate.	6614

Each bid shall be awarded in accordance with sections 153.54,	6615
153.57, and 153.571 of the Revised Code.	6616

The port authority may reject any and all bids.

6617

(b) On January 1, 2012, and the first day of January of every	6618
even-numbered year thereafter, the director of commerce shall	6619
adjust the threshold level for contracts subject to the bidding	6620
requirements contained in division (A)(2)(a) of this section. The	6621
director shall adjust this amount according to the average	6622
increase for each of the two years immediately preceding the	6623
adjustment as set forth in the producer price index for material	6624
and supply inputs for new nonresidential construction as	6625
determined by the bureau of labor statistics of the United States	6626
department of labor or, if that index no longer is published, a	6627
generally available comparable index. If there is no resulting	6628
increase, the threshold shall remain the same until the next	6629
scheduled adjustment on the first day of January of the next	6630
even-numbered year.	6631

(B) The board of directors of a port authority by rule may	6632
provide criteria for the negotiation and award without competitive	6633
bidding of any contract as to which the port authority is the	6634
contracting entity for the construction of any building,	6635
structure, or other improvement under any of the following	6636
circumstances:	6637

(1) There exists a real and present emergency that threatens	6638
damage or injury to persons or property of the port authority or	6639
other persons, provided that a statement specifying the nature of	6640
the emergency that is the basis for the negotiation and award of a	6641
contract without competitive bidding shall be signed by the	6642
officer of the port authority that executes that contract at the	6643
time of the contract's execution and shall be attached to the	6644
contract.	6645

(2) A commonly recognized industry or other standard or	6646
specification does not exist and cannot objectively be articulated	6647
for the improvement.	6648

(3) The contract is for any energy conservation measure as	6649
defined in section 307.041 of the Revised Code.	6650

(4) With respect to material to be incorporated into the	6651
improvement, only a single source or supplier exists for the	6652
material.	6653

(5) A single bid is received by the port authority after	6654
complying with the provisions of division (A) of this section.	6655

(C)(1) If a contract is to be negotiated and awarded without	6656
competitive bidding for the reason set forth in division (B)(2) of	6657
this section, the port authority shall publish a notice calling	6658
for technical proposals at least twice, with at least seven days	6659
between publications, in a newspaper of general circulation in the	6660
area of the port authority. After receipt of the technical	6661
proposals, the port authority may negotiate with and award a	6662
contract for the improvement to the proposer making the proposal	6663
considered to be the most advantageous to the port authority.	6664

(2) If a contract is to be negotiated and awarded without	6665
competitive bidding for the reason set forth in division (B)(4) of	6666
this section, any construction activities related to the	6667
incorporation of the material into the improvement also may be	6668
provided without competitive bidding by the source or supplier of	6669
that material.	6670

(D) No contract for the construction or repair of any	6671
building, structure, or other improvement and no loan agreement	6672
for the borrowing of funds for any such improvement undertaken by	6673
a port authority, where the port authority is the contracting	6674
entity, shall be executed unless laborers and mechanics employed	6675
on such improvements are paid at the prevailing rates of wages of	6676
laborers and mechanics for the class of work called for by the	6677
improvement. The wages shall be determined in accordance with the	6678
requirements of Chapter 4115. of the Revised Code for the	6679
determination of prevailing wage rates, provided that the	6680
requirements of this section do not apply where the federal	6681
government or any of its agencies furnishes by loan or grant all	6682
or any part of the funds used in connection with such project and	6683
prescribes predetermined minimum wages to be paid to the laborers	6684
and mechanics.	6685

Sec. 4582.31. (A) A port authority created in accordance	6686
with section 4582.22 of the Revised Code may:	6687

(1) Adopt bylaws for the regulation of its affairs and the	6688
conduct of its business;	6689

(2) Adopt an official seal;

6690

(3) Maintain a principal office within its jurisdiction, and	6691
maintain such branch offices as it may require;	6692

(4) Acquire, construct, furnish, equip, maintain, repair,	6693
sell, exchange, lease to or from, or lease with an option to	6694
purchase, convey other interests in real or personal property, or	6695
any combination thereof, related to, useful for, or in furtherance	6696
of any authorized purpose and operate any property in connection	6697
with transportation, recreational, governmental operations, or	6698
cultural activities;	6699

(5) Straighten, deepen, and improve any channel, river,	6700
stream, or other water course or way which may be necessary or	6701
proper in the development of the facilities of a port authority;	6702

(6) Make available the use or services of any port authority	6703
facility to one or more persons, one or more governmental	6704
agencies, or any combination thereof;	6705

(7) Issue bonds or notes for the acquisition, construction,	6706
furnishing, or equipping of any port authority facility or other	6707
permanent improvement that a port authority is authorized to	6708
acquire, construct, furnish, or equip, in compliance with Chapter	6709
133. of the Revised Code, except that such bonds or notes may only	6710
be issued pursuant to a vote of the electors residing within the	6711
area of jurisdiction of the port authority. The net indebtedness	6712
incurred by a port authority shall never exceed two per cent of	6713
the total value of all property within the territory comprising	6714
the port authority as listed and assessed for taxation.	6715

(8) Issue port authority revenue bonds beyond the limit of	6716
bonded indebtedness provided by law, payable solely from revenues	6717
as provided in section 4582.48 of the Revised Code, for the	6718
purpose of providing funds to pay the costs of any port authority	6719
facility or facilities or parts thereof;	6720

(9) Apply to the proper authorities of the United States	6721
pursuant to appropriate law for the right to establish, operate,	6722
and maintain foreign trade zones and establish, operate, and	6723
maintain foreign trade zones and to acquire, exchange, sell, lease	6724
to or from, lease with an option to purchase, or operate	6725
facilities, land, or property therefor in accordance with the	6726
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to	6727
81u;	6728

(10) Enjoy and possess the same rights, privileges, and	6729
powers granted municipal corporations under sections 721.04 to	6730
721.11 of the Revised Code;	6731

(11) Maintain such funds as it considers necessary;

6732

(12) Direct its agents or employees, when properly identified	6733
in writing, and after at least five days' written notice, to enter	6734
upon lands within the confines of its jurisdiction in order to	6735
make surveys and examinations preliminary to location and	6736
construction of works for the purposes of the port authority,	6737
without liability of the port authority or its agents or employees	6738
except for actual damage done;	6739

(13) Promote, advertise, and publicize the port authority and	6740
its facilities; provide information to shippers and other	6741
commercial interests; and appear before rate-making authorities to	6742
represent and promote the interests of the port authority;	6743

(14) Adopt rules, not in conflict with general law, it finds	6744
necessary or incidental to the performance of its duties and the	6745
execution of its powers under sections 4582.21 to 4582.54 of the	6746
Revised Code. Any such rule shall be posted at no less than five	6747
public places in the port authority, as determined by the board of	6748
directors, for a period of not fewer than fifteen days, and shall	6749
be available for public inspection at the principal office of the	6750
port authority during regular business hours. No person shall	6751
violate any lawful rule adopted and posted as provided in this	6752
division.	6753

(15) Do any of the following, in regard to any interests in	6754
any real or personal property, or any combination thereof,	6755
including, without limitation, machinery, equipment, plants,	6756
factories, offices, and other structures and facilities related	6757
to, useful for, or in furtherance of any authorized purpose, for	6758
such consideration and in such manner, consistent with Article	6759
VIII of the Ohio Constitution, as the board in its sole discretion	6760
may determine:	6761

(a) Loan moneys to any person or governmental entity for the	6762
acquisition, construction, furnishing, and equipping of the	6763
property;	6764

(b) Acquire, construct, maintain, repair, furnish, and equip	6765
the property;	6766

(c) Sell to, exchange with, lease, convey other interests in,	6767
or lease with an option to purchase the same or any lesser	6768
interest in the property to the same or any other person or	6769
governmental entity;	6770

(d) Guarantee the obligations of any person or governmental	6771
entity.	6772

A port authority may accept and hold as consideration for the	6773
conveyance of property or any interest therein such property or	6774
interests therein as the board in its discretion may determine,	6775
notwithstanding any restrictions that apply to the investment of	6776
funds by a port authority.	6777

(16) Sell, lease, or convey other interests in real and	6778
personal property, and grant easements or rights-of-way over	6779
property of the port authority. The board of directors shall	6780
specify the consideration and any terms for the sale, lease, or	6781
conveyance of other interests in real and personal property. Any	6782
determination made by the board under this division shall be	6783
conclusive. The sale, lease, or conveyance may be made without	6784
advertising and the receipt of bids.	6785

(17) Exercise the right of eminent domain to appropriate any	6786
land, rights, rights-of-way, franchises, easements, or other	6787
property, necessary or proper for any authorized purpose, pursuant	6788
to the procedure provided in sections 163.01 to 163.22 of the	6789
Revised Code, if funds equal to the appraised value of the	6790
property to be acquired as a result of such proceedings are	6791
available for that purpose. However, nothing contained in sections	6792
4582.201 to 4582.59 of the Revised Code shall authorize a port	6793
authority to take or disturb property or facilities belonging to	6794
any agency or political subdivision of this state, public utility,	6795
cable operator, or common carrier, which property or facilities	6796
are necessary and convenient in the operation of the agency or	6797
political subdivision, public utility, cable operator, or common	6798
carrier, unless provision is made for the restoration, relocation,	6799
or duplication of such property or facilities, or upon the	6800
election of the agency or political subdivision, public utility,	6801
cable operator, or common carrier, for the payment of	6802
compensation, if any, at the sole cost of the port authority,	6803
provided that:	6804

(a) If any restoration or duplication proposed to be made	6805
under this section involves a relocation of the property or	6806
facilities, the new facilities and location shall be of at least	6807
comparable utilitarian value and effectiveness and shall not	6808
impair the ability of the public utility, cable operator, or	6809
common carrier to compete in its original area of operation;	6810

(b) If any restoration or duplication made under this section	6811
involves a relocation of the property or facilities, the port	6812
authority shall acquire no interest or right in or to the	6813
appropriated property or facilities, except as provided in	6814
division ~~(O)~~(A)(15) of this section, until the relocated property	6815
or facilities are available for use and until marketable title	6816
thereto has been transferred to the public utility, cable	6817
operator, or common carrier.	6818

As used in division (A)(17) of this section, "cable operator"	6819
has the same meaning as in the "Cable Communications Policy Act of	6820
1984," Pub. L. No. 98-549, 98 Stat. 2780, 47 U.S.C. 522, as	6821
amended by the "Telecommunications Act of 1996," Pub. L. No.	6822
104-104, 110 Stat. 56.	6823

(18)(a) Make and enter into all contracts and agreements and	6824
execute all instruments necessary or incidental to the performance	6825
of its duties and the execution of its powers under sections	6826
4582.21 to 4582.59 of the Revised Code.	6827

(b)(i) Except as provided in division (A)(18)(c) of this	6828
section, when the cost of a contract for the construction of any	6829
building, structure, or other improvement undertaken by a port	6830
authority involves an expenditure exceeding ~~twenty-five~~the higher	6831
of one hundred thousand dollars or the amount as adjusted under	6832
division (A)(18)(b)(ii) of this section, and the port authority is	6833
the contracting entity, the port authority shall make a written	6834
contract after notice calling for bids for the award of the	6835
contract has been given by publication twice, with at least seven	6836
days between publications, in a newspaper of general circulation	6837
in the area of the port authority. Each such contract shall be let	6838
to the lowest responsive and responsible bidder in accordance with	6839
section 9.312 of the Revised Code. Every contract shall be	6840
accompanied by or shall refer to plans and specifications for the	6841
work to be done, prepared for and approved by the port authority,	6842
signed by an authorized officer of the port authority and by the	6843
contractor, and shall be executed in triplicate.	6844

Each bid shall be awarded in accordance with sections 153.54,	6845
153.57, and 153.571 of the Revised Code. The port authority may	6846
reject any and all bids.	6847

(ii) On January 1, 2012, and the first day of January of	6848
every even-numbered year thereafter, the director of commerce	6849
shall adjust the threshold level for contracts subject to the	6850
bidding requirements contained in division (A)(18)(b)(i) of this	6851
section. The director shall adjust this amount according to the	6852
average increase for each of the two years immediately preceding	6853
the adjustment as set forth in the producer price index for	6854
material and supply inputs for new nonresidential construction as	6855
determined by the bureau of labor statistics of the United States	6856
department of labor or, if that index no longer is published, a	6857
generally available comparable index. If there is no resulting	6858
increase, the threshold shall remain the same until the next	6859
scheduled adjustment on the first day of January of the next	6860
even-numbered year.	6861

(c) The board of directors by rule may provide criteria for	6862
the negotiation and award without competitive bidding of any	6863
contract as to which the port authority is the contracting entity	6864
for the construction of any building or structure or other	6865
improvement under any of the following circumstances:	6866

(i) There exists a real and present emergency that threatens	6867
damage or injury to persons or property of the port authority or	6868
other persons, provided that a statement specifying the nature of	6869
the emergency that is the basis for the negotiation and award of a	6870
contract without competitive bidding shall be signed by the	6871
officer of the port authority that executes that contract at the	6872
time of the contract's execution and shall be attached to the	6873
contract.	6874

(ii) A commonly recognized industry or other standard or	6875
specification does not exist and cannot objectively be articulated	6876
for the improvement.	6877

(iii) The contract is for any energy conservation measure as	6878
defined in section 307.041 of the Revised Code.	6879

(iv) With respect to material to be incorporated into the	6880
improvement, only a single source or supplier exists for the	6881
material.	6882

(v) A single bid is received by the port authority after	6883
complying with the provisions of division (A)(18)(b) of this	6884
section.	6885

(d)(i) If a contract is to be negotiated and awarded without	6886
competitive bidding for the reason set forth in division	6887
(A)(18)(c)(ii) of this section, the port authority shall publish a	6888
notice calling for technical proposals at least twice, with at	6889
least seven days between publications, in a newspaper of general	6890
circulation in the area of the port authority. After receipt of	6891
the technical proposals, the port authority may negotiate with and	6892
award a contract for the improvement to the proposer making the	6893
proposal considered to be the most advantageous to the port	6894
authority.	6895

(ii) If a contract is to be negotiated and awarded without	6896
competitive bidding for the reason set forth in division	6897
(A)(18)(c)(iv) of this section, any construction activities	6898
related to the incorporation of the material into the improvement	6899
also may be provided without competitive bidding by the source or	6900
supplier of that material.	6901

(e)(i) Any purchase, exchange, sale, lease, lease with an	6902
option to purchase, conveyance of other interests in, or other	6903
contract with a person or governmental entity that pertains to the	6904
acquisition, construction, maintenance, repair, furnishing,	6905
equipping, or operation of any real or personal property, or any	6906
combination thereof, related to, useful for, or in furtherance of	6907
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	6908
Constitution, shall be made in such manner and subject to such	6909
terms and conditions as may be determined by the board of	6910
directors in its discretion.	6911

(ii) Division (A)(18)(e)(i) of this section applies to all	6912
contracts that are subject to the division, notwithstanding any	6913
other provision of law that might otherwise apply, including,	6914
without limitation, any requirement of notice, any requirement of	6915
competitive bidding or selection, or any requirement for the	6916
provision of security.	6917

(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not	6918
apply to either of the following: any contract secured by or to be	6919
paid from moneys raised by taxation or the proceeds of obligations	6920
secured by a pledge of moneys raised by taxation; or any contract	6921
secured exclusively by or to be paid exclusively from the general	6922
revenues of the port authority. For the purposes of this section,	6923
any revenues derived by the port authority under a lease or other	6924
agreement that, by its terms, contemplates the use of amounts	6925
payable under the agreement either to pay the costs of the	6926
improvement that is the subject of the contract or to secure	6927
obligations of the port authority issued to finance costs of such	6928
improvement, are excluded from general revenues.	6929

(19) Employ managers, superintendents, and other employees	6930
and retain or contract with consulting engineers, financial	6931
consultants, accounting experts, architects, attorneys, and any	6932
other consultants and independent contractors as are necessary in	6933
its judgment to carry out this chapter, and fix the compensation	6934
thereof. All expenses thereof shall be payable from any available	6935
funds of the port authority or from funds appropriated for that	6936
purpose by a political subdivision creating or participating in	6937
the creation of the port authority.	6938

(20) Receive and accept from any state or federal agency	6939
grants and loans for or in aid of the construction of any port	6940
authority facility or for research and development with respect to	6941
port authority facilities, and receive and accept aid or	6942
contributions from any source of money, property, labor, or other	6943
things of value, to be held, used, and applied only for the	6944
purposes for which the grants and contributions are made;	6945

(21) Engage in research and development with respect to port	6946
authority facilities;	6947

(22) Purchase fire and extended coverage and liability	6948
insurance for any port authority facility and for the principal	6949
office and branch offices of the port authority, insurance	6950
protecting the port authority and its officers and employees	6951
against liability for damage to property or injury to or death of	6952
persons arising from its operations, and any other insurance the	6953
port authority may agree to provide under any resolution	6954
authorizing its port authority revenue bonds or in any trust	6955
agreement securing the same;	6956

(23) Charge, alter, and collect rentals and other charges for	6957
the use or services of any port authority facility as provided in	6958
section 4582.43 of the Revised Code;	6959

(24) Provide coverage for its employees under Chapters 145.,	6960
4123., and 4141. of the Revised Code;	6961

(25) Do all acts necessary or proper to carry out the powers	6962
expressly granted in sections 4582.21 to 4582.59 of the Revised	6963
Code.	6964

(B) Any instrument by which real property is acquired	6965
pursuant to this section shall identify the agency of the state	6966
that has the use and benefit of the real property as specified in	6967
section 5301.012 of the Revised Code.	6968

(C) Whoever violates division (A)(14) of this section is	6969
guilty of a minor misdemeanor.	6970

Sec. 4749.031. (A) The department of public safety shall be a	6971
participating public office for purposes of the retained applicant	6972
fingerprint database established under section 109.5721 of the	6973
Revised Code. The department shall elect to participate in the	6974
continuous record monitoring service for all persons licensed or	6975
registered under this chapter. When the superintendent of the	6976
bureau of criminal identification and investigation, under section	6977
109.57 of the Revised Code, indicates that an individual in the	6978
retained applicant fingerprint database has been arrested for,	6979
convicted of, or pleaded guilty to any offense, the superintendent	6980
promptly shall notify the department either electronically or by	6981
mail that additional arrest or conviction information is	6982
available.	6983

(B) In addition to any other fees charged by the department	6984
under this chapter, an applicant for a license under section	6985
4749.03 of the Revised Code, at the time of making an initial or	6986
renewal application, shall pay any initial or annual fee charged	6987
by the superintendent pursuant to rules adopted under division (F)	6988
of section 109.5721 of the Revised Code.	6989

~~Sec. 4905.802.~~ Sec. 4905.801. (A)(1) ~~All fees collected under~~	6990
~~section 4905.801 of the Revised Code shall be credited to the~~The	6991
radioactive waste transportation fund~~, which~~ is hereby created in	6992
the state treasury. All investment earnings of the fund shall be	6993
credited to it.	6994

(2) Money in the radioactive waste transportation fund shall	6995
be used only for the following purposes related to the shipment of	6996
material that is subject to division (A)(1) of section 4163.07 of	6997
the Revised Code as determined by the public utilities commission:	6998

(a) State and local expenses, including inspections, escorts,	6999
security, emergency management services, and accident response;	7000

(b) Planning, coordination, education, and training of	7001
emergency response providers, law enforcement agencies, and other	7002
appropriate state or local entities;	7003

(c) Purchase and maintenance of monitoring, medical, safety,	7004
or emergency response equipment and supplies;	7005

(d) Administrative costs of the commission and other state or	7006
local entities;	7007

(e) Other similar expenses determined by the commission to be	7008
appropriate.	7009

(B)(1) The commission may adopt rules as necessary to	7010
implement ~~sections 4905.801 and 4905.802 of the Revised Code~~this	7011
section.	7012

(2) ~~In administering section 4905.801 of the Revised Code,~~	7013
~~the commission shall work with any department or agency of~~	7014
~~federal, state, or local government that also regulates the~~	7015
~~shipment of material that is subject to division (A)(1) of section~~	7016
~~4163.07 of the Revised Code.~~	7017

~~(3)~~ Subject to division (C) of section 4163.07 of the Revised	7018
Code, the commission, consistent with national security	7019
requirements, may notify any law enforcement agency or other state	7020
or local entity affected by the shipment of material that is	7021
subject to division (A)(1) of section 4163.07 of the Revised Code	7022
that the commission considers necessary for public safety.	7023

~~(4) Not later than December 31, 2010, the commission shall~~	7024
~~prepare and submit to both houses of the general assembly a report~~	7025
~~on the fees received by the commission under section 4905.801 of~~	7026
~~the Revised Code and on expenditures made from the radioactive~~	7027
~~waste transportation fund.~~	7028

Sec. 5501.51. (A) The state shall reimburse a utility for	7029
the cost of relocation of utility facilities necessitated by the	7030
construction of a highway project only in the event that the	7031
utility can evidence a vested interest in the nature of a fee	7032
interest, an easement interest, or a lesser estate in the real	7033
property it occupies in the event that the utility possesses a	7034
vested interest in such property. The utility shall present	7035
evidence satisfactory to the state substantiating the cost of	7036
relocation. The director may audit all financial records which the	7037
director determines necessary to verify such actual costs.	7038

(B) The director of transportation may establish and enforce	7039
such rules and procedures as hethe director may determine to be	7040
necessary to assure consistency governing any and all aspects of	7041
the cost of utility relocations. The director may adopt such	7042
amendments to such rules as are necessary and within the	7043
guidelines of this section.	7044

7045

(1) ~~"Utility" includes publicly, privately, and cooperatively~~	7046
~~owned utilities that are subject to the authority of the public~~	7047
~~utilities commission of Ohio.~~	7048

~~(2)~~ "Cost of relocation" includes the actual cost paid by a	7049
utility directly attributable to relocation after deducting any	7050
increase in the value of the new facility and any salvage value	7051
derived from the old facility.	7052

(2) "Utility" includes publicly, privately, and cooperatively	7053
owned utilities that are subject to the authority of the public	7054
utilities commission of Ohio. "Utility" also includes a cable	7055
operator as defined in the "Cable Communications Policy Act of	7056
1984," 98 Stat. 2780, 47 U.S.C. 522, as amended by the	7057
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151, and	7058
includes the provision of other information or telecommunications	7059
services, or both, and an electric cooperative and a municipal	7060
electric utility, both as defined in section 4928.01 of the	7061
Revised Code.	7062

Sec. 5501.55. (A) The department of transportation is the	7063
designated state agency responsible for overseeing the safety	7064
practices of rail fixed guideway systems and the administration of	7065
49 U.S.C. 5330. The director of transportation shall develop any	7066
guidelines necessary to oversee the safety practices of rail fixed	7067
guideway systems that are consistent with the federal act and	7068
rules adopted thereunder.	7069

(B) In accordance with guidelines developed by the director,	7070
the department shall do all of the following:	7071

(1) Establish a safety program plan standard for transit	7072
agencies operating a rail fixed guideway system within the state;	7073

(2) Adopt standards for the personal security of passengers	7074
and employees of rail fixed guideway systems;	7075

(3) Review and approve or disapprove the annual internal	7076
safety audit conducted by a transit agency under section 5501.56	7077
of the Revised Code;	7078

(4) Periodically, conduct an on-site safety review of each	7079
transit agency and make recommendations based on the review of the	7080
system safety program plan;	7081

(5)(a) Establish procedures for the investigation of	7082
accidents and unacceptable hazardous conditions as defined in the	7083
guidelines developed by the director;	7084

(b) Investigate accidents and unacceptable hazardous	7085
conditions at transit agencies;	7086

(c) Approve or disapprove any plan of a transit agency to	7087
minimize, control, correct, or eliminate any investigated hazard.	7088

(6) Submit to the federal transit administration any reports	7089
or other information necessary to remain in compliance with 49	7090
U.S.C. 5330 and the rules adopted under it.	7091

(C) The department may use a contractor to act on its behalf	7092
in carrying out the duties of the Department under this section	7093
and section 5501.56 of the Revised Code and 49 U.S.C. 5330 and the	7094
rules adopted under it.	7095

(D)(1) Reports of any investigation conducted by the	7096
department, a transit agency operating a rail fixed guideway	7097
system, or a contractor acting on behalf of the department or such	7098
a transit agency are confidential and are not subject to	7099
disclosure, inspection, or copying under section 149.43 of the	7100
Revised Code. Information contained in investigative files shall	7101
be disclosed only at the discretion of the director or as	7102
otherwise provided in this section.	7103

(2) Reports of any investigation conducted by the ~~Department~~	7104
department, a transit agency operating a rail fixed guideway	7105
system, or a contractor acting on behalf of the ~~Department~~	7106
department or such a transit agency shall not be admitted in	7107
evidence or used for any purpose in any action or proceeding	7108
arising out of any matter referred to in the investigation, except	7109
in actions or proceedings instituted by the state or by the	7110
department on behalf of the state, nor shall any member of the	7111
department or its employees, a transit agency acting on behalf of	7112
the department, or a contractor acting on behalf of the department	7113
or such a transit agency be required to testify to any facts	7114
ascertained in, or information obtained by reason of, the person's	7115
official capacity, or to testify as an expert witness in any	7116
action or proceeding involving or pertaining to rail fixed	7117
guideway systems to which the state is not a party.	7118

(E) In accordance with the guidelines developed by the	7119
director, the department may establish such programs, procedures,	7120
and administrative mandates as may be necessary to carry out its	7121
duties under this section and section 5501.56 of the Revised Code	7122
and 49 U.S.C. 5330 and the rules adopted under it.	7123

(F) As used in this section and in section 5501.56 of the	7124
Revised Code:	7125

(1) "Rail fixed guideway system" means any light, heavy, or	7126
rapid rail system, monorail, inclined plane, funicular, trolley,	7127
or automated guideway that is included in the federal transit	7128
administration's calculation of fixed guideway route miles or	7129
receives funding for urbanized areas under 49 U.S.C. 5336 and is	7130
not regulated by the federal railroad administration.	7131

(2) "Transit agency" means an entity operating a rail fixed	7132
guideway system.	7133

Sec. 5501.70. As used in sections 5501.70 to 5501.83 of the	7134
Revised Code:	7135

(A) "Affected jurisdiction" means any unit of government	7136
within the state in which all or part of a transportation facility	7137
is located or any other public entity directly affected by the	7138
transportation facility.	7139

(B) "Force majeure" means an uncontrollable force or natural	7140
disaster not within the power of the operator or the state.	7141

(C) "Maintenance" includes routine maintenance, major	7142
maintenance, and any other categories of maintenance that may be	7143
designated by the department of transportation.	7144

(D) "Material default" means any failure of an operator to	7145
perform any duties under a public-private agreement that	7146
jeopardizes delivery of adequate service to the public and remains	7147
unsatisfied after a reasonable period of time and after the	7148
operator has received written notice from the department of the	7149
failure.	7150

(E) "Operate" means any action to maintain, repair, improve,	7151
equip, or modify a transportation facility.	7152

(F) "Operator" means a private entity that has entered into a	7153
public-private agreement under sections 5501.71 to 5501.83 of the	7154
Revised Code.	7155

(G) "Private entity" means any natural person, corporation,	7156
general partnership, limited liability company, limited	7157
partnership, joint venture, business trust, public benefit	7158
corporation, nonprofit entity, or other business entity.	7159

(H) "Public-private agreement" means the agreement between a	7160
private entity and the department that relates to the development,	7161
financing, maintenance, or operation of a transportation facility	7162
subject to sections 5501.70 to 5501.83 of the Revised Code.	7163

(I) "Public-private initiative" means an arrangement between	7164
the department and one or more private entities, the terms of	7165
which are stated in a public-private agreement, that provides for	7166
all of the following:	7167

(1) Acceptance of a private contribution, including a money	7168
payment, for a project or service for a transportation facility;	7169

(2) Sharing of resources and the means of providing a project	7170
or service for a transportation facility;	7171

(3) Cooperation in researching, developing, and implementing	7172
projects or services for a transportation facility.	7173

(J) "Transportation facility" has the same meaning as in	7174
section 5501.01 of the Revised Code and also includes a tunnel,	7175
ferry, port facility on navigable waters that are used for	7176
commerce, intermodal facility, or similar facility open to the	7177
public and used for the transportation of persons or goods, and	7178
any building, structure, parking area, or other appurtenances or	7179
property needed to operate a transportation facility that is	7180
subject to a public-private agreement.	7181

(K) "User fee" means a rate, toll, fee, or other charge	7182
imposed by an operator for use of all or part of a transportation	7183
facility.	7184

(L) "Utility" means a privately, publicly, or cooperatively	7185
owned line, facility, or system for producing, transmitting, or	7186
distributing communications, cable television, power, electricity,	7187
light, heat, gas, oil, crude products, water, steam, waste, storm	7188
water not connected with highway drainage, alternative or	7189
renewable energy sources such as wind or solar, or any other	7190
similar commodity, including a fire or police signal system or	7191
street lighting system that directly or indirectly serves the	7192
public.	7193

Sec. 5501.71. (A) The department of transportation may	7194
solicit, receive, consider, evaluate, and accept a proposal for a	7195
public-private initiative.	7196

(B) In soliciting and selecting a private entity with which	7197
to enter into a public-private initiative, the department shall	7198
use one or both of the following:	7199

(1) Sealed bidding;

7200

(2) Selection of proposals, with or without negotiations,	7201
based on qualifications, best value, or both.	7202

(C) The department shall consider the following factors in	7203
evaluating and selecting a bid or proposal to enter into a	7204
public-private initiative:	7205

(1) The ability of the transportation facility to improve	7206
safety, reduce congestion, increase capacity, and promote economic	7207
growth;	7208

(2) The extent that the private entity's proposal addresses	7209
the needs identified in the appropriate state, regional, or local	7210
transportation plan by improving safety, reducing congestion,	7211
increasing capacity, or enhancing economic efficiency and the	7212
private entity's proposal is on the transportation improvement	7213
program for the affected metropolitan planning organization or the	7214
state transportation improvement program;	7215

(3) The proposed cost of and financial plan for the	7216
transportation facility;	7217

(4) The general reputation, qualifications, industry	7218
experience, and financial capacity of the private entity;	7219

(5) The proposed design, operation, and feasibility of the	7220
transportation facility;	7221

(6) Comments from local citizens and affected jurisdictions;

7222

(7) Benefits to the public and the affected transportation	7223
facility;	7224

(8) The safety record of the private entity;

7225

(9) Any other criteria that the department considers	7226
appropriate.	7227

(D) The department may select multiple private entities with	7228
which to enter a public-private agreement for a transportation	7229
facility if it is in the public interest to do so.	7230

(E) The department shall select a private entity or entities	7231
for a public-private initiative on a competitive basis.	7232

(F) Any materials or data submitted to, made available to, or	7233
received by the director of transportation, to the extent that the	7234
material or data consist of trade secrets, as defined in section	7235
1333.61 of the Revised Code, are confidential and are not public	7236
records for the purposes of section 149.43 of the Revised Code.	7237
Financial information received by the director that is related to	7238
a proposal is confidential and not a public record for purposes of	7239
section 149.43 of the Revised Code until such time as a proposal	7240
is selected. Prior to submission of a solicited proposal, a	7241
private entity may request a review by the department of	7242
information that the private entity has identified as	7243
confidential, to determine whether such information would be	7244
subject to disclosure under section 149.43 of the Revised Code.	7245

Sec. 5501.72. (A) The department of transportation may	7246
receive, consider, evaluate, and accept an unsolicited proposal	7247
for a public-private initiative if the proposal meets all of the	7248
following:	7249

(1) Addresses the needs identified in the appropriate state,	7250
regional, or local transportation plan by improving safety,	7251
reducing congestion, increasing capacity, or enhancing economic	7252
efficiency and the proposal is on the transportation improvement	7253
program for the affected metropolitan planning organization or	7254
state transportation improvement program;	7255

(2) Is independently originated and developed by the	7256
proposer;	7257

(3) Benefits the public;

7258

(4) Is prepared without department supervision;

7259

(5) Includes sufficient detail and information for the	7260
department to evaluate the proposal in an objective and timely	7261
manner;	7262

(6) Is made by a private entity that is not prohibited from	7263
making an unsolicited proposal under division (AA)(1) of section	7264
3517.13 of the Revised Code.	7265

(B) Within ninety days after receiving an unsolicited	7266
proposal, the department shall undertake a preliminary evaluation	7267
of the unsolicited proposal to determine if the proposal complies	7268
with the requirements of division (A) of this section.	7269

(C) Any materials or data submitted to, made available to, or	7270
received by the director of transportation under this section, to	7271
the extent that the material or data consist of trade secrets, as	7272
defined in section 1333.61 of the Revised Code, are confidential	7273
and are not public records for the purposes of section 149.43 of	7274
the Revised Code. Financial information received by the director	7275
that is related to a proposal is confidential and not a public	7276
record for purposes of section 149.43 of the Revised Code until	7277
the department accepts or rejects the proposal. Prior to	7278
submission of an unsolicited proposal or a competing proposal, a	7279
private entity may request a review by the department of	7280
information that the private entity has identified as confidential	7281
to determine whether such information would be subject to	7282
disclosure under section 149.43 of the Revised Code.	7283

(D) If the unsolicited proposal does not comply with division	7284
(A) of this section, the department shall return the proposal	7285
without further action.	7286

(E) If the unsolicited proposal complies with division (A) of	7287
this section, the department may continue to evaluate the proposal	7288
in accordance with this section.	7289

(F)(1) If the unsolicited proposal complies with division (A)	7290
of this section, the department shall advertise the unsolicited	7291
proposal for the purpose of receiving competitive proposals for	7292
the proposed transportation facility.	7293

(2) The advertisement shall outline the general nature and	7294
scope of the unsolicited proposal, including the location of the	7295
transportation facility and the work to be performed on or in	7296
connection with the transportation facility and shall specify an	7297
address to which a competing proposal may be submitted.	7298

(3) The advertisement shall specify a reasonable time period	7299
by which competitors must submit a competing proposal to the	7300
department.	7301

(G) The department shall charge a reasonable fee to cover its	7302
costs to process, review, and evaluate an unsolicited proposal and	7303
any competing proposals.	7304

(H) Upon receipt of any competing proposals, the department	7305
shall do all of the following:	7306

(1) Determine if any competing proposal is comparable in	7307
nature and scope to the original unsolicited proposal;	7308

(2) Evaluate the original unsolicited proposal and any	7309
comparable competing proposal;	7310

(3) Conduct any good faith discussions and, if necessary, any	7311
negotiations concerning each qualified proposal.	7312

(I) The department shall evaluate an unsolicited proposal and	7313
any comparable competing proposal using the following factors:	7314

(1) Novel methods, approaches, or concepts demonstrated by	7315
the proposal;	7316

(2) Scientific, technical, or socioeconomic merits of the	7317
proposal;	7318

(3) Potential contribution of the proposal to the	7319
department's mission;	7320

(4) Capabilities, related experience, facilities, or	7321
techniques of the private entity or unique combinations of these	7322
qualities that are integral factors for achieving the proposal	7323
objectives;	7324

(5) Qualifications, capabilities, and experience of the	7325
proposed principal investigator, team leader, or key personnel,	7326
who are critical to achieving the proposal objectives;	7327

(6) How the proposal benefits the public;

7328

(7) Any other factors appropriate to a particular proposal.

7329

(J) After evaluating the unsolicited proposal and any	7330
competing proposals, the department may do any of the following:	7331

(1) Accept the unsolicited proposal and reject any competing	7332
proposals;	7333

(2) Reject the unsolicited proposal and accept a comparable	7334
competing proposal if the department determines that the	7335
comparable competing proposal is the most advantageous to the	7336
state;	7337

(3) Accept both an unsolicited proposal and a competing	7338
proposal if accepting both proposals is advantageous to the state;	7339

(4) Reject the unsolicited proposal and any competing	7340
proposals.	7341

Sec. 5501.73. (A) After selecting a solicited or unsolicited	7342
proposal for a public-private initiative, the department of	7343
transportation shall enter into a public-private agreement for a	7344
transportation facility with the selected private entity or any	7345
configuration of private entities. An affected jurisdiction may be	7346
a party to a public-private agreement entered into by the	7347
department and a selected private entity or combination of private	7348
entities.	7349

(B) A public-private agreement under this section shall	7350
provide for all of the following:	7351

(1) Planning, acquisition, financing, development, design,	7352
construction, reconstruction, replacement, improvement,	7353
maintenance, management, repair, leasing, or operation of a	7354
transportation facility;	7355

(2) Term of the public-private agreement, subject to division	7356
(D) of this section;	7357

(3) Type of property interest, if any, the private entity	7358
will have in the transportation facility;	7359

(4) A specific plan to ensure proper maintenance of the	7360
transportation facility throughout the term of the agreement and a	7361
return of the facility to the department, if applicable, in good	7362
condition and repair;	7363

(5) Whether user fees will be collected on the transportation	7364
facility and the basis by which such user fees shall be determined	7365
and modified;	7366

(6) Compliance with applicable federal, state, and local	7367
laws;	7368

(7) Grounds for termination of the public-private agreement	7369
by the department or operator;	7370

(8) Disposition of the facility upon completion of the	7371
agreement;	7372

(9) Procedures for amendment of the agreement.

7373

(C) A public-private agreement under this section may provide	7374
for any of the following:	7375

(1) Review and approval by the department of the operator's	7376
plans for the development and operation of the transportation	7377
facility;	7378

(2) Inspection by the department of construction of or	7379
improvements to the transportation facility;	7380

(3) Maintenance by the operator of a policy of liability	7381
insurance or self-insurance;	7382

(4) Filing by the operator, on a periodic basis, of	7383
appropriate financial statements in a form acceptable to the	7384
department;	7385

(5) Filing by the operator, on a periodic basis, of traffic	7386
reports in a form acceptable to the department;	7387

(6) Financing obligations of the operator and the department;

7388

(7) Apportionment of expenses between the operator and the	7389
department;	7390

(8) Rights and duties of the operator, the department, and	7391
other state and local governmental entities with respect to use of	7392
the transportation facility;	7393

(9) Rights and remedies available in the event of default or	7394
delay;	7395

(10) Terms and conditions of indemnification of the operator	7396
by the department;	7397

(11) Assignment, subcontracting, or other delegation of	7398
responsibilities of the operator or the department under the	7399
agreement to third parties, including other private entities and	7400
other state agencies;	7401

(12) Sale or lease to the operator of private property	7402
related to the transportation facility;	7403

(13) Traffic enforcement and other policing issues, including	7404
any reimbursement by the private entity for such services.	7405

(D) Any public-private agreement entered into under this	7406
section may be for a period not to exceed the then current	7407
two-year period for which appropriations have been made by the	7408
general assembly to the department; provided, that any agreement	7409
may be renewed for succeeding two-year periods when the general	7410
assembly enacts sufficient appropriations to the department for	7411
each successive biennium. Any such agreement may include, without	7412
limitation, any agreement by the department with respect to any	7413
costs of transportation facilities to be included prior to	7414
acquisition and construction of such transportation facilities.	7415
Any such agreement shall not constitute a debt or pledge of the	7416
faith and credit of the state, or of any political subdivision of	7417
the state, and the operator shall have no right to have taxes or	7418
excises levied by the general assembly, or the taxing authority of	7419
any political subdivision of the state, for payments under the	7420
agreement. Any such agreement shall contain a statement to that	7421
effect.	7422

(E) No public-private agreement entered into under this	7423
section shall be construed to transfer to a private entity the	7424
director's authority to appropriate property under Chapters 163.,	7425
5501., and 5519. of the Revised Code.	7426

Sec. 5501.74. In the event of termination of the	7427
public-private agreement, the authority and duties of the operator	7428
cease, except for any duties and obligations that extend beyond	7429
the termination as provided in the public-private agreement, and	7430
the transportation facility reverts to the department of	7431
transportation and shall be dedicated to the department for public	7432
use.	7433

Sec. 5501.75. (A) Upon the occurrence and during the	7434
continuation of material default by an operator, not related to an	7435
event of force majeure, the department of transportation may do	7436
the following:	7437

(1) Elect to take over the transportation facility, including	7438
the succession of all right, title, and interest in the	7439
transportation facility, subject to any liens on revenues	7440
previously granted by the private entity;	7441

(2) Terminate the public-private agreement and exercise any	7442
other available rights and remedies.	7443

(B) In the event that the department elects to take over a	7444
transportation facility, the department shall collect and pay any	7445
revenues that are subject to lien to satisfy any obligation and	7446
may do the following:	7447

(1) Develop and operate the transportation facility, impose	7448
user fees for the use of the transportation facility, and comply	7449
with any service contracts;	7450

(2) Solicit proposals for the maintenance and operation of	7451
the transportation facility under section 5501.71 of the Revised	7452
Code.	7453

Sec. 5501.76. Obligations may be issued under section 5531.10	7454
of the Revised Code for the purpose of providing funds to carry	7455
out sections 5501.70 to 5501.83 of the Revised Code with respect	7456
to the development or financing of a transportation facility.	7457

Sec. 5501.77. (A) For the purposes of carrying out sections	7458
5501.70 to 5501.83 of the Revised Code, the department of	7459
transportation may do all of the following:	7460

(1) Accept, subject to applicable terms and conditions,	7461
available funds from the United States or any of its agencies,	7462
whether the funds are made available by grant, loan, or other	7463
financial assistance;	7464

(2) Enter into agreements or other arrangements with the	7465
United States or any of its agencies as may be necessary;	7466

(3) For the purpose of completing a transportation facility	7467
under an agreement, accept from any source any grant, donation,	7468
gift, or other form of conveyance of land, money, other real or	7469
personal property, or other item of value made to the state or the	7470
department.	7471

(B) Any transportation facility may be financed in whole or	7472
in part by contribution of any funds or property made by any	7473
private entity or affected jurisdiction that is party to a	7474
public-private agreement under sections 5501.70 to 5501.83 of the	7475
Revised Code.	7476

(C) The department may use federal, state, local, and private	7477
funds to finance a transportation facility under sections 5501.70	7478
to 5501.83 of the Revised Code and shall comply with any	7479
requirements and restrictions governing the use of the funds,	7480
including maintaining the funds separately when necessary.	7481

Sec. 5501.78. A transportation facility and any tangible	7482
personal property used exclusively with a transportation facility	7483
that is owned by the department of transportation and leased,	7484
licensed, financed, or otherwise conveyed to an operator, or that	7485
is acquired, constructed, or otherwise provided by an operator on	7486
behalf of the department, is exempt from all ad valorem property	7487
taxes and special assessments levied against property by the state	7488
or any political subdivision of the state.	7489

Sec. 5501.79. The department of transportation, in the same	7490
manner and for the same transportation purposes established in	7491
section 5519.01 of the Revised Code, may acquire property,	7492
rights-of-way, or other rights in property for transportation use	7493
in connection with transportation projects that are part of a	7494
public-private initiative in accordance with Chapter 163. of the	7495
Revised Code. If the department proposes to acquire property,	7496
rights-of-way, or other rights in property for such transportation	7497
use at the request of a private entity, the acquisition shall be	7498
by the department, in accordance with Chapter 163. of the Revised	7499
Code and only if the director of transportation first makes a	7500
finding that the acquisition is for a public transportation use	7501
and serves the public transportation purposes of sections 5501.70	7502
to 5501.83 of the Revised Code; the director also shall require	7503
the private party to pay the costs of the acquisition.	7504

Sec. 5501.80. All law enforcement officers of the state and	7505
of an affected local jurisdiction shall have the same powers and	7506
jurisdiction within the limits of the transportation facility as	7507
they have in their respective areas of jurisdiction and access to	7508
the transportation facility at any time for the purpose of	7509
exercising such powers and jurisdiction.	7510

Sec. 5501.81. An operator under sections 5501.70 to 5501.83	7511
of the Revised Code and any utility whose facility is to be	7512
crossed or relocated shall cooperate fully in planning and	7513
arranging the manner of the crossing or relocation of the utility	7514
facility.	7515

Sec. 5501.82. Nothing in sections 5501.70 to 5501.83 of the	7516
Revised Code shall be construed or deemed to affect any waiver of	7517
the sovereign immunity of the state or any officer or employee of	7518
the state with respect to the participation in or approval of all	7519
or any part of the transportation facility or its operation.	7520

Sec. 5501.83. The department of transportation may adopt	7521
rules under Chapter 119. of the Revised Code to carry out sections	7522
5501.70 to 5501.83 of the Revised Code.	7523

Sec. 5502.011. (A) As used in this section, "department of	7524
public safety" and "department" include all divisions within the	7525
department of public safety.	7526

(B) The director of the department of public safety is the	7527
chief executive and administrative officer of the department. The	7528
director may establish policies governing the department, the	7529
performance of its employees and officers, the conduct of its	7530
business, and the custody, use, and preservation of departmental	7531
records, papers, books, documents, and property. The director also	7532
may authorize and approve investigations to be conducted by any of	7533
the department's divisions. Whenever the Revised Code imposes a	7534
duty upon or requires an action of the department, the director	7535
may perform the action or duty in the name of the department or	7536
direct such performance to be performed by the director's	7537
designee.	7538

(C) In addition to any other duties enumerated in the Revised	7539
Code, the director or the director's designee shall do all of the	7540
following:	7541

(1) Administer and direct the performance of the duties of	7542
the department;	7543

(2) Pursuant to Chapter 119. of the Revised Code, approve,	7544
adopt, and prescribe such forms and rules as are necessary to	7545
carry out the duties of the department;	7546

(3) On behalf of the department and in addition to any	7547
authority the Revised Code otherwise grants to the department,	7548
have the authority and responsibility for approving and entering	7549
into contracts, agreements, and other business arrangements;	7550

(4) Make appointments for the department as needed to comply	7551
with requirements of the Revised Code;	7552

(5) Approve employment actions of the department, including	7553
appointments, promotions, discipline, investigations, and	7554
terminations;	7555

(6) Accept, hold, and use, for the benefit of the department,	7556
any gift, donation, bequest, or devise, and may agree to and	7557
perform all conditions of the gift, donation, bequest, or devise,	7558
that are not contrary to law;	7559

(7) Apply for, allocate, disburse, and account for grants	7560
made available under federal law or from other federal, state, or	7561
private sources;	7562

(8) Do all other acts necessary or desirable to carry out	7563
this chapter.	7564

(D)(1) The director of public safety may assess a reasonable	7565
fee, plus the amount of any charge or fee passed on from a	7566
financial institution, on a drawer or indorser for each of the	7567
following:	7568

(a) A check, draft, or money order that is returned or	7569
dishonored;	7570

(b) An automatic bank transfer that is declined, due to	7571
insufficient funds or for any other reason;	7572

(c) Any financial transaction device that is returned or	7573
dishonored for any reason.	7574

(2) The director shall deposit any fee collected under this	7575
division in an appropriate fund as determined by the director	7576
based on the tax, fee, or fine being paid.	7577

(3) As used in this division, "financial transaction device"	7578
has the same meaning as in section 113.40 of the Revised Code.	7579

(E) The director shall establish a homeland security advisory	7580
council to advise the director on homeland security, including	7581
homeland security funding efforts. The advisory council shall	7582
include, but not be limited to, state and local government	7583
officials who have homeland security or emergency management	7584
responsibilities and who represent first responders. The director	7585
shall appoint the members of the council, who shall serve without	7586
compensation.	7587

(F) The director of public safety shall adopt rules in	7588
accordance with Chapter 119. of the Revised Code as required by	7589
section 2909.28 of the Revised Code and division (A)(1) of section	7590
2909.32 of the Revised Code. The director shall adopt rules as	7591
required by division (D) of section 2909.32 of the Revised Code,	7592
division (E) of section 2909.33 of the Revised Code, and division	7593
(D) of section 2909.34 of the Revised Code. The director may adopt	7594
rules pursuant to division (A)(2) of section 2909.32 of the	7595
Revised Code, division (A)(2) of section 2909.33 of the Revised	7596
Code, and division (A)(2) of section 2909.34 of the Revised Code.	7597

Sec. 5502.11. Every law enforcement agency representing a	7598
township, county, municipal corporation, or other political	7599
subdivision investigating a motor vehicle accident involving a	7600
fatality, personal injury, or property damage in an amount greater	7601
than ~~four hundred~~one thousand dollars ~~shall~~, within five days,	7602
shall forward a written report of such accident to the director of	7603
public safety on a form, which the director shall adopt subject to	7604
sections 119.01 to 119.13 of the Revised Code.	7605

Sec. 5503.02. (A) The state highway patrol shall enforce the	7606
laws of the state relating to the titling, registration, and	7607
licensing of motor vehicles; enforce on all roads and highways,	7608
notwithstanding section 4513.39 of the Revised Code, the laws	7609
relating to the operation and use of vehicles on the highways;	7610
enforce and prevent the violation of the laws relating to the	7611
size, weight, and speed of commercial motor vehicles and all laws	7612
designed for the protection of the highway pavements and	7613
structures on the highways; investigate and enforce rules and laws	7614
of the public utilities commission governing the transportation of	7615
persons and property by motor carriers and report violations of	7616
such rules and laws to the commission; enforce against any motor	7617
transportation company as defined in section 4921.02 of the	7618
Revised Code, any contract carrier by motor vehicle as defined in	7619
section 4923.02 of the Revised Code, any private motor carrier as	7620
defined in section 4923.20 of the Revised Code, and any motor	7621
carrier as defined in section 4919.75 of the Revised Code those	7622
rules and laws that, if violated, may result in a forfeiture as	7623
provided in section 4905.83, 4919.99, 4921.99, or 4923.99 of the	7624
Revised Code; investigate and report violations of all laws	7625
relating to the collection of excise taxes on motor vehicle fuels;	7626
and regulate the movement of traffic on the roads and highways of	7627
the state, notwithstanding section 4513.39 of the Revised Code.	7628

The patrol, whenever possible, shall determine the identity	7629
of the persons who are causing or who are responsible for the	7630
breaking, damaging, or destruction of any improved surfaced	7631
roadway, structure, sign, marker, guardrail, or other appurtenance	7632
constructed or maintained by the department of transportation and	7633
shall arrest the persons who are responsible for the breaking,	7634
damaging, or destruction and bring them before the proper	7635
officials for prosecution.	7636

State highway patrol troopers shall investigate and report	7637
all motor vehicle accidents on all roads and highways outside of	7638
municipal corporations. The superintendent of the patrol or any	7639
state highway patrol trooper may arrest, without a warrant, any	7640
person, who is the driver of or a passenger in any vehicle	7641
operated or standing on a state highway, whom the superintendent	7642
or trooper has reasonable cause to believe is guilty of a felony,	7643
under the same circumstances and with the same power that any	7644
peace officer may make such an arrest.	7645

The superintendent or any state highway patrol trooper may	7646
enforce the criminal laws on all state properties and state	7647
institutions, owned or leased by the state, and, when so ordered	7648
by the governor in the event of riot, civil disorder, or	7649
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the	7650
Revised Code, arrest offenders against the criminal laws wherever	7651
they may be found within the state if the violations occurred	7652
upon, or resulted in injury to person or property on, state	7653
properties or state institutions, or under the conditions	7654
described in division (B) of this section.	7655

(B) In the event of riot, civil disorder, or insurrection, or	7656
the reasonable threat of riot, civil disorder, or insurrection,	7657
and upon request, as provided in this section, of the sheriff of a	7658
county or the mayor or other chief executive of a municipal	7659
corporation, the governor may order the state highway patrol to	7660
enforce the criminal laws within the area threatened by riot,	7661
civil disorder, or insurrection, as designated by the governor,	7662
upon finding that law enforcement agencies within the counties	7663
involved will not be reasonably capable of controlling the riot,	7664
civil disorder, or insurrection and that additional assistance is	7665
necessary. In cities in which the sheriff is under contract to	7666
provide exclusive police services pursuant to section 311.29 of	7667
the Revised Code, in villages, and in the unincorporated areas of	7668
the county, the sheriff has exclusive authority to request the use	7669
of the patrol. In cities in which the sheriff does not exclusively	7670
provide police services, the mayor, or other chief executive	7671
performing the duties of mayor, has exclusive authority to request	7672
the use of the patrol.	7673

The superintendent or any state highway patrol trooper may	7674
enforce the criminal laws within the area designated by the	7675
governor during the emergency arising out of the riot, civil	7676
disorder, or insurrection until released by the governor upon	7677
consultation with the requesting authority. State highway patrol	7678
troopers shall never be used as peace officers in connection with	7679
any strike or labor dispute.	7680

When a request for the use of the patrol is made pursuant to	7681
this division, the requesting authority shall notify the law	7682
enforcement authorities in contiguous communities and the sheriff	7683
of each county within which the threatened area, or any part of	7684
the threatened area, lies of the request, but the failure to	7685
notify the authorities or a sheriff shall not affect the validity	7686
of the request.	7687

(C) Any person who is arrested by the superintendent or a	7688
state highway patrol trooper shall be taken before any court or	7689
magistrate having jurisdiction of the offense with which the	7690
person is charged. Any person who is arrested or apprehended	7691
within the limits of a municipal corporation shall be brought	7692
before the municipal court or other tribunal of the municipal	7693
corporation.	7694

(D)(1) State highway patrol troopers have the same right and	7695
power of search and seizure as other peace officers.	7696

No state official shall command, order, or direct any state	7697
highway patrol trooper to perform any duty or service that is not	7698
authorized by law. The powers and duties conferred on the patrol	7699
are supplementary to, and in no way a limitation on, the powers	7700
and duties of sheriffs or other peace officers of the state.	7701

(2)(a) A state highway patrol trooper, pursuant to the policy	7702
established by the superintendent of the state highway patrol	7703
under division (D)(2)(b) of this section, may render emergency	7704
assistance to any other peace officer who has arrest authority	7705
under section 2935.03 of the Revised Code, if both of the	7706
following apply:	7707

(i) There is a threat of imminent physical danger to the	7708
peace officer, a threat of physical harm to another person, or any	7709
other serious emergency situation;	7710

(ii) Either the peace officer requests emergency assistance,	7711
or it appears that the peace officer is unable to request	7712
emergency assistance and the circumstances observed by the state	7713
highway patrol trooper reasonably indicate that emergency	7714
assistance is appropriate, or the peace officer requests emergency	7715
assistance and in the request the peace officer specifies a	7716
particular location and the state highway patrol trooper arrives	7717
at that location prior to the time that the peace officer arrives	7718
at that location and the circumstances observed by the state	7719
highway patrol trooper reasonably indicate that emergency	7720
assistance is appropriate.	7721

(b) The superintendent of the state highway patrol shall	7722
establish, within sixty days of August 8, 1991, a policy that sets	7723
forth the manner and procedures by which a state highway patrol	7724
trooper may render emergency assistance to any other peace officer	7725
under division (D)(2)(a) of this section. The policy shall include	7726
a provision that a state highway patrol trooper never be used as a	7727
peace officer in connection with any strike or labor dispute.	7728

(3)(a) A state highway patrol trooper who renders emergency	7729
assistance to any other peace officer under the policy established	7730
by the superintendent pursuant to division (D)(2)(b) of this	7731
section shall be considered to be performing regular employment	7732
for the purposes of compensation, pension, indemnity fund rights,	7733
workers' compensation, and other rights or benefits to which the	7734
trooper may be entitled as incident to regular employment.	7735

(b) A state highway patrol trooper who renders emergency	7736
assistance to any other peace officer under the policy established	7737
by the superintendent pursuant to division (D)(2)(b) of this	7738
section retains personal immunity from liability as specified in	7739
section 9.86 of the Revised Code.	7740

(c) A state highway patrol trooper who renders emergency	7741
assistance under the policy established by the superintendent	7742
pursuant to division (D)(2)(b) of this section has the same	7743
authority as the peace officer for or with whom the state highway	7744
patrol trooper is providing emergency assistance.	7745

(E)(1) Subject to the availability of funds specifically	7746
appropriated by the general assembly for security detail purposes,	7747
the state highway patrol shall provide security as follows:	7748

(a) For the governor;

7749

(b) At the direction of the governor, for other officials of	7750
the state government of this state; officials of the state	7751
governments of other states who are visiting this state; officials	7752
of the United States government who are visiting this state;	7753
officials of the governments of foreign countries or their	7754
political subdivisions who are visiting this state; or other	7755
officials or dignitaries who are visiting this state, including,	7756
but not limited to, members of trade missions;	7757

(c) For the capitol square, as defined in section 105.41 of	7758
the Revised Code;	7759

(d) For other state property.

7760

(2) To carry out the security responsibilities of the patrol	7761
listed in division (E)(1) of this section, the superintendent may	7762
assign state highway patrol troopers to a separate unit that is	7763
responsible for security details. The number of troopers assigned	7764
to particular security details shall be determined by the	7765
superintendent.	7766

(3) The superintendent and any state highway patrol trooper,	7767
when providing security pursuant to division (E)(1)(a) or (b) of	7768
this section, have the same arrest powers as other peace officers	7769
to apprehend offenders against the criminal laws who endanger or	7770
threaten the security of any person being protected, no matter	7771
where the offense occurs.	7772

The superintendent, any state highway patrol trooper, and any	7773
special police officer designated under section 5503.09 of the	7774
Revised Code, when providing security pursuant to division	7775
(E)(1)(c) of this section, shall enforce any rules governing	7776
capitol square adopted by the capitol square review and advisory	7777
board.	7778

(F) The governor may order the state highway patrol to	7779
undertake major criminal investigations that involve state	7780
property interests. If an investigation undertaken pursuant to	7781
this division results in either the issuance of a no bill or the	7782
filing of an indictment, the superintendent shall file a complete	7783
and accurate report of the investigation with the president of the	7784
senate, the speaker of the house of representatives, the minority	7785
leader of the senate, and the minority leader of the house of	7786
representatives within fifteen days after the issuance of the no	7787
bill or the filing of an indictment. If the investigation does not	7788
have as its result any prosecutorial action, the superintendent	7789
shall, upon reporting this fact to the governor, file a complete	7790
and accurate report of the investigation with the president of the	7791
senate, the speaker of the house of representatives, the minority	7792
leader of the senate, and the minority leader of the house of	7793
representatives.	7794

(G) The superintendent may purchase or lease real property	7795
and buildings needed by the patrol, negotiate the sale of real	7796
property owned by the patrol, rent or lease real property owned or	7797
leased by the patrol, and make or cause to be made repairs to all	7798
property owned or under the control of the patrol. Any instrument	7799
by which real property is acquired pursuant to this division shall	7800
identify the agency of the state that has the use and benefit of	7801
the real property as specified in section 5301.012 of the Revised	7802
Code.	7803

Sections 123.01 and 125.02 of the Revised Code do not limit	7804
the powers granted to the superintendent by this division.	7805

Sec. 5517.011. Notwithstanding section 5517.01 of the	7806
Revised Code, the director of transportation may establish a	7807
program to expedite the sale and construction of special projects	7808
by combining the design and construction elements of a highway or	7809
bridge project into a single contract. The director shall prepare	7810
and distribute a scope of work document upon which the bidders	7811
shall base their bids. Except in regard to those requirements	7812
relating to providing plans, the director shall award contracts	7813
under this section in accordance with Chapter 5525. of the Revised	7814
Code.	7815

~~On the effective date of this amendment and until July 1,~~	7816
~~2011, the~~Notwithstanding any provision of Chapter 5525. of the	7817
Revised Code, the director may use a value-based selection	7818
process, combining technical qualifications and competitive	7819
bidding elements, including consideration for minority or	7820
disadvantaged businesses that may include joint ventures, when	7821
letting special projects that contain both design and construction	7822
elements of a transportation project into a single contract.	7823

The total dollar value of contracts made under this section	7824
shall not exceed one billion dollars per fiscal year. ~~On and after~~	7825
~~July 1, 2011, for each biennium, the total dollar value of~~	7826
~~contracts made under this section shall not exceed two hundred~~	7827
~~fifty million dollars unless otherwise authorized by the general~~	7828
~~assembly.~~The director may provide compensation for preparation of	7829
a responsive preliminary design concept to not more than two	7830
bidders who, after the successful bidder, submitted the next best	7831
bids. The director may establish policies or procedures necessary	7832
to determine the amount of compensation to be provided for each	7833
project and the method of evaluating the value of the preliminary	7834
design concept submitted, but in no instance may the compensation	7835
exceed the value of such concept.	7836

Sec. 5525.15. The director of transportation may provide	7837
that prior to the bid opening, the official engineer's estimate of	7838
cost of any project to be constructed by the department ~~by the~~	7839
~~taking of bids and awarding of contracts~~of transportation shall	7840
be confidential information ~~and so remain until after all bids on~~	7841
~~the project have been received~~. ~~The~~After the bid opening, only	7842
the total ~~amount of the~~official engineer's estimate ~~then shall~~	7843
of cost may be published.	7844

~~When the director exercises the authority conferred by this~~	7845
~~section, all information with respect to the total estimate of~~	7846
~~cost of the project to be built by contract and with respect to~~	7847
The unit price components and the estimate of cost of any	7848
particular item of work involved therein shall be kept and	7849
regarded by the director and all the director's subordinates as	7850
confidential, and ~~shall~~are not ~~be revealed to any person not~~	7851
~~employed in the department, or by the United States department of~~	7852
~~transportation in the case of projects financed in whole or part~~	7853
~~by federal funds, until after the bids on the project have been~~	7854
~~opened and published. Section 5517.01~~public records for purposes	7855
of section 149.43 of the Revised Code ~~with respect to the public~~	7856
~~inspection of estimates of cost prior to the opening of bids and~~	7857
~~with respect to filing estimates of cost in the office of the~~	7858
~~district deputy director of transportation does not apply when the~~	7859
~~authority conferred by this section is exercised~~. This section	7860
does not prohibit the department from furnishing ~~estimates~~unit	7861
price components and the estimate of cost for any particular item	7862
of work involved therein to the federal government, counties,	7863
municipal corporations, or other local political subdivisions or	7864
to railroad or railway companies proposing to pay any portion of	7865
the cost of an improvement. Planning estimates are those estimates	7866
created for management of the capital program of the department	7867
and are public records for purposes of section 149.43 of the	7868
Revised Code.	7869

Section 5525.10 of the Revised Code, which provides that no	7870
contract for any improvement shall be awarded for a greater sum	7871
than the estimated cost thereof plus five per cent, does not apply	7872
in the case of any project with respect to which the authority	7873
conferred by this section is exercised. In cases in which the	7874
authority conferred by this section is exercised and in which the	7875
bid of the successful bidder exceeds the estimate, the director,	7876
before entering into a contract, shall determine that the bid of	7877
the successful bidder is fair and reasonable, and as long as the	7878
federal government imposes regulation on prices charged for	7879
construction service, shall require the successful bidder to	7880
certify that the bidder's bid does not exceed the maximum	7881
permitted by such federal regulation.	7882

Sec. 5531.12. (A)~~(1)~~ In order to remove present and	7883
anticipated handicaps and potential hazards on the highways in	7884
this state, to facilitate vehicular traffic throughout the state,	7885
to promote the agricultural, commercial, recreational, tourism,	7886
and industrial development of the state, and to provide for the	7887
general welfare of its citizens, the ~~state~~director of	7888
transportation ~~finance commission~~ may approve toll projects at	7889
~~locations approved by the director of transportation~~. Any revenue	7890
derived from toll projects shall be used only for purposes of the	7891
toll project and shall not be expended for any purpose other than	7892
as provided in Section 5a of Article XII, Ohio Constitution. The	7893
toll projects authorized by sections 5531.11 to 5531.18 of the	7894
Revised Code are part of the state highway system.	7895

~~(2)~~(B) Any toll project shall be developed and submitted for	7896
selection in accordance with the policies and procedures of the	7897
major new capacity selection process of the transportation review	7898
advisory council, created under Chapter 5512. of the Revised Code.	7899
Each toll project may be separately designated, by name or number,	7900
and may be constructed, improved, or reconstructed as the	7901
department of transportation may from time to time determine	7902
pursuant to sections 5531.11 to 5531.18 of the Revised Code. A	7903
toll project shall be considered a state infrastructure project as	7904
defined in section 5531.10 of the Revised Code for all purposes of	7905
that section and section 5531.09 of the Revised Code and also is a	7906
transportation facility as defined in section 5501.01 of the	7907
Revised Code.	7908

~~(3)~~(C) Nothing in this chapter shall be construed to permit	7909
tolls to be charged on existing nontoll ~~highways~~public roads.	7910

~~(B)(1) There is hereby created within the department of~~	7911
~~transportation the "Ohio transportation finance commission." The~~	7912
~~commission shall consist of seven members as follows:~~	7913

~~(a) Two members appointed by the governor;~~

7914

~~(b) The director of development, or the director's designee,~~	7915
~~who shall be a nonvoting ex officio member and shall serve without~~	7916
~~compensation;~~	7917

~~(c) Two members appointed by the president of the senate, who~~	7918
~~shall have experience relevant to approving toll projects,~~	7919
~~including expertise in finance, engineering, statewide planning,~~	7920
~~economic development, logistics, or land use planning;~~	7921

~~(d) Two members appointed by the speaker of the house of~~	7922
~~representatives, who shall have experience relevant to approving~~	7923
~~toll projects, including expertise in finance, engineering,~~	7924
~~statewide planning, economic development, logistics, or land use~~	7925
~~planning.~~	7926

~~(2) No member of the general assembly shall be a member of~~	7927
~~the commission. In making their appointments, the governor,~~	7928
~~speaker of the house of representatives, and the president of the~~	7929
~~senate shall consult with each other so that from the total number~~	7930
~~of six appointed members, at least two are affiliated with the~~	7931
~~major political party not represented by the governor. In making~~	7932
~~the governor's appointments, the governor shall appoint persons~~	7933
~~who reside in different geographic areas of the state. The members~~	7934
~~appointed by the governor shall be residents of the state and~~	7935
~~shall serve terms of five years commencing on the first day of~~	7936
~~July and ending on the thirtieth day of June. The members~~	7937
~~appointed by the president of the senate or the speaker of the~~	7938
~~house of representatives shall serve a term of the remainder of~~	7939
~~the general assembly during which the member is appointed. The~~	7940
~~governor shall appoint one of the members as chairperson and~~	7941
~~another as vice-chairperson and shall appoint a~~	7942
~~secretary-treasurer who need not be a member of the commission.~~	7943
~~Four of the members of the commission constitute a quorum, and the~~	7944
~~affirmative vote of four voting members is necessary for any~~	7945
~~action taken by the commission. No vacancy in the membership of~~	7946
~~the commission impairs the rights of a quorum to exercise all the~~	7947
~~rights and perform all the duties of the commission. Appointed~~	7948
~~members shall have no conflict of interest with the position. For~~	7949
~~purposes of this section, "conflict of interest" means taking any~~	7950
~~action that violates any provision of Chapter 102. or 2921. of the~~	7951
~~Revised Code.~~	7952

~~(C) Each appointed member shall hold office from the date of~~	7953
~~appointment until the end of the term for which the member was~~	7954
~~appointed. If a commission member dies or resigns, or if an ex~~	7955
~~officio member ceases to hold the applicable office, the vacancy~~	7956
~~shall be filled in the same manner as provided in division (B) of~~	7957
~~this section. Any member who fills a vacancy occurring prior to~~	7958
~~the end of the term for which the member's predecessor was~~	7959
~~appointed, if appointed by the governor, shall hold office for the~~	7960
~~remainder of such term or, if appointed by the president of the~~	7961
~~senate or the speaker of the house of representatives, shall hold~~	7962
~~office for the remainder of the term or for a shorter period of~~	7963
~~time as determined by the president or the speaker. Any member~~	7964
~~appointed by the governor shall continue in office subsequent to~~	7965
~~the expiration date of the member's term until the member's~~	7966
~~successor takes office or until a period of sixty days has~~	7967
~~elapsed, whichever occurs first. A member of the commission is~~	7968
~~eligible for reappointment. Each appointed member of the~~	7969
~~commission, before entering upon the member's duties, shall take~~	7970
~~an oath as provided by Section 7 of Article XV, Ohio Constitution.~~	7971
~~The governor, the president of the senate, or the speaker of the~~	7972
~~house of representatives may at any time remove their respective~~	7973
~~appointees to the commission for misfeasance, nonfeasance, or~~	7974
~~malfeasance in office.~~	7975

~~(D) Each appointed member shall serve without compensation~~	7976
~~but shall be reimbursed for the member's actual and necessary~~	7977
~~expenses incurred in the performance of the member's duties. At~~	7978
~~the request of the chairperson of the Ohio transportation finance~~	7979
~~commission, the department of transportation shall provide staff~~	7980
~~assistance and office space for the commission.~~	7981

~~(E) Upon selection of a toll project by the transportation~~	7982
~~review advisory council, the director of transportation shall~~	7983
~~submit a toll proposal for the project to the Ohio transportation~~	7984
~~finance commission. The commission shall review the toll proposal~~	7985
~~for the project and either approve it, disapprove it, or suggest~~	7986
~~modifications to it. Approval for any toll proposal shall be made~~	7987
~~by an affirmative vote of four of the six voting members of the~~	7988
~~commission.~~	7989

~~(F) The director of transportation shall adopt rules pursuant~~	7990
~~to chapter 119. of the Revised Code governing the duties of the~~	7991
~~commission, the frequency of commission meetings, compensation for~~	7992
~~each appointed member, and any rules necessary for the planning,~~	7993
~~development, and implementation of toll projects and the~~	7994
~~collection of tolls. The rules adopted pursuant to this section~~	7995
~~shall include a requirement that the commission hold at least~~	7996
~~three public hearings prior to the commission voting on whether to~~	7997
~~approve a toll project.~~	7998

Sec. 5531.18. The director of transportation shall establish	7999
a procedure whereby a political subdivision or other governmental	8000
agency or agencies may submit a written application to the	8001
director requesting the department of transportation to construct	8002
and operate a toll project within the boundaries of the	8003
subdivision, agency, or agencies making the request. The procedure	8004
shall include a requirement that the director send a written reply	8005
to the subdivision, agency, or agencies explaining the disposition	8006
of the request. ~~The procedure established pursuant to this section~~	8007
~~shall not become effective unless it is approved by the Ohio~~	8008
~~transportation finance commission created under section 5531.12 of~~	8009
~~the Revised Code.~~	8010

Sec. 5537.051. (A)(1) In any county that as of January 1,	8011
2011, had closed one or more roads as a result of grade separation	8012
failure at intersections of a turnpike project with a county or	8013
township road, the Ohio turnpike commission is responsible for the	8014
major maintenance and repair and replacement of failed grade	8015
separations. The governmental entity with jurisdiction over the	8016
county or township road is responsible for routine maintenance of	8017
such failed grade separations.	8018

(2) This section does not apply to any grade separation at	8019
intersections of a turnpike project with a county or township road	8020
except as described in division (A)(1) of this section.	8021

(3) Major maintenance and repair and replacement of	8022
aforementioned failed grade separations shall commence not later	8023
than July 1, 2011, and be completed before December 31, 2014.	8024

(B) As used in this section:

8025

(1) "Major maintenance and repair and replacement" relates to	8026
all elements constructed as part of or required for a grade	8027
separation, including bridges, pile, foundations, substructures,	8028
abutments, piers, superstructures, approach slabs, slopes,	8029
embankments, fences, and appurtenances.	8030

(2) "Routine maintenance" includes, without limitation,	8031
clearing debris, sweeping, snow and ice removal, wearing surface	8032
improvements, marking for traffic control, box culverts, drainage	8033
facilities including headwalls and underdrains, inlets, catch	8034
basins and grates, guardrails, minor and emergency repairs to	8035
railing and appurtenances, and emergency patching.	8036

Sec. 5540.01. As used in this chapter:

8037

(A) "Transportation improvement district" or "district" means	8038
a transportation improvement district designated pursuant to	8039
section 5540.02 of the Revised Code.	8040

(B) "Governmental agency" means a department, division, or	8041
other unit of state government; a county, township, or municipal	8042
corporation or other political subdivision; a regional transit	8043
authority or regional transit commission created pursuant to	8044
Chapter 306. of the Revised Code; a port authority created	8045
pursuant to Chapter 4582. of the Revised Code; and the United	8046
States or any agency thereof.	8047

(C) "Project" means a street, highway, parking facility,	8048
freight rail tracks and necessarily related freight rail	8049
facilities, or other transportation project constructed or	8050
improved under this chapter and includes all bridges, tunnels,	8051
overpasses, underpasses, interchanges, approaches, those portions	8052
of connecting streets or highways that serve interchanges and are	8053
determined by the district to be necessary for the safe merging of	8054
traffic between the project and those streets or highways, service	8055
facilities, and administration, storage, and other buildings,	8056
property, and facilities, that the district considers necessary	8057
for the operation of the project, together with all property and	8058
rights that must be acquired by the district for the construction,	8059
maintenance, or operation of the project.	8060

(D) "Cost," as applied to the construction of a project,	8061
includes the cost of construction, including bridges over or under	8062
existing highways and railroads, acquisition of all property	8063
acquired by the district for such construction, demolishing or	8064
removing any buildings or structures on land so acquired,	8065
including the cost of acquiring any lands to which such buildings	8066
or structures may be moved, site clearance, improvement, and	8067
preparation, diverting streets or highways, interchanges with	8068
streets or highways, access roads to private property, including	8069
the cost of land or easements therefor, all machinery,	8070
furnishings, and equipment, communications facilities, financing	8071
expenses, interest prior to and during construction and for one	8072
year after completion of construction, traffic estimates,	8073
indemnity and surety bonds and premiums on insurance, and	8074
guarantees, engineering, feasibility studies, and legal expenses,	8075
plans, specifications, surveys, estimates of cost and revenues,	8076
other expenses necessary or incidental to determining the	8077
feasibility or practicability of constructing a project, and such	8078
other expense as may be necessary or incident to the construction	8079
of the project and the financing of such construction. Any	8080
obligation or expense incurred by any governmental agency or	8081
person for surveys, borings, preparation of plans and	8082
specifications, and other engineering services, or any other cost	8083
described above, in connection with the construction of a project	8084
may be regarded as part of the cost of the project and reimbursed	8085
from revenues, taxes, or the proceeds of bonds as authorized by	8086
this chapter.	8087

(E) "Owner" includes any person having any title or interest	8088
in any property authorized to be acquired by a district under this	8089
chapter.	8090

(F) "Revenues" means all moneys received by a district with	8091
respect to the lease, sublease, or sale, including installment	8092
sale, conditional sale, or sale under a lease-purchase agreement,	8093
of a project, all moneys received by a district under an agreement	8094
pursuant to Section 515.03 of H.B. 66 of the 126th General	8095
Assembly, any gift or grant received with respect to a project,	8096
tolls, special assessments levied by the district, proceeds of	8097
bonds to the extent the use thereof for payment of principal or of	8098
premium, if any, or interest on the bonds is authorized by the	8099
district, proceeds from any insurance, condemnation, or guaranty	8100
pertaining to a project or property mortgaged to secure bonds or	8101
pertaining to the financing of a project, and income and profit	8102
from the investment of the proceeds of bonds or of any revenues.	8103

(G) "Street or highway" has the same meaning as in section	8104
4511.01 of the Revised Code.	8105

(H) "Financing expenses" means all costs and expenses	8106
relating to the authorization, issuance, sale, delivery,	8107
authentication, deposit, custody, clearing, registration,	8108
transfer, exchange, fractionalization, replacement, payment, and	8109
servicing of bonds including, without limitation, costs and	8110
expenses for or relating to publication and printing, postage,	8111
delivery, preliminary and final official statements, offering	8112
circulars, and informational statements, travel and	8113
transportation, underwriters, placement agents, investment	8114
bankers, paying agents, registrars, authenticating agents,	8115
remarketing agents, custodians, clearing agencies or corporations,	8116
securities depositories, financial advisory services,	8117
certifications, audits, federal or state regulatory agencies,	8118
accounting and computation services, legal services and obtaining	8119
approving legal opinions and other legal opinions, credit ratings,	8120
redemption premiums, and credit enhancement facilities.	8121

(I) "Bond proceedings" means the resolutions, trust	8122
agreements, certifications, notices, sale proceedings, leases,	8123
lease-purchase agreements, assignments, credit enhancement	8124
facility agreements, and other agreements, instruments, and	8125
documents, as amended and supplemented, or any one or more of	8126
combination thereof, authorizing, or authorizing or providing for	8127
the terms and conditions applicable to, or providing for the	8128
security or sale or award or liquidity of, bonds, and includes the	8129
provisions set forth or incorporated in those bonds and bond	8130
proceedings.	8131

(J) "Bond service charges" means principal, including any	8132
mandatory sinking fund or mandatory redemption requirements for	8133
retirement of bonds, and interest and any redemption premium	8134
payable on bonds, as those payments come due and are payable to	8135
the bondholder or to a person making payment under a credit	8136
enhancement facility of those bond service charges to a	8137
bondholder.	8138

(K) "Bond service fund" means the applicable fund created by	8139
the bond proceedings for and pledged to the payment of bond	8140
service charges on bonds provided for by those proceedings,	8141
including all moneys and investments, and earnings from	8142
investments, credited and to be credited to that fund as provided	8143
in the bond proceedings.	8144

(L) "Bonds" means bonds, notes, including notes anticipating	8145
bonds or other notes, commercial paper, certificates of	8146
participation, or other evidences of obligation, including any	8147
interest coupons pertaining thereto, issued pursuant to this	8148
chapter.	8149

(M) "Net revenues" means revenues lawfully available to pay	8150
both current operating expenses of a district and bond service	8151
charges in any fiscal year or other specified period, less current	8152
operating expenses of the district and any amount necessary to	8153
maintain a working capital reserve for that period.	8154

(N) "Pledged revenues" means net revenues, moneys and	8155
investments, and earnings on those investments, in the applicable	8156
bond service fund and any other special funds, and the proceeds of	8157
any bonds issued for the purpose of refunding prior bonds, all as	8158
lawfully available and by resolution of the district committed for	8159
application as pledged revenues to the payment of bond service	8160
charges on particular issues of bonds.	8161

(O) "Special funds" means the applicable bond service fund	8162
and any accounts and subaccounts in that fund, any other funds or	8163
accounts permitted by and established under, and identified as a	8164
special fund or special account in, the bond proceedings,	8165
including any special fund or account established for purposes of	8166
rebate or other requirements under federal income tax laws.	8167

(P) "Credit enhancement facilities" means letters of credit,	8168
lines of credit, standby, contingent, or firm securities purchase	8169
agreements, insurance, or surety arrangements, guarantees, and	8170
other arrangements that provide for direct or contingent payment	8171
of bond service charges, for security or additional security in	8172
the event of nonpayment or default in respect of bonds, or for	8173
making payment of bond service charges and at the option and on	8174
demand of bondholders or at the option of the district or upon	8175
certain conditions occurring under put or similar arrangements, or	8176
for otherwise supporting the credit or liquidity of the bonds, and	8177
includes credit, reimbursement, marketing, remarketing, indexing,	8178
carrying, interest rate hedge, and subrogation agreements, and	8179
other agreements and arrangements for payment and reimbursement of	8180
the person providing the credit enhancement facility and the	8181
security for that payment and reimbursement.	8182

(Q) "Refund" means to fund and retire outstanding bonds,	8183
including advance refunding with or without payment or redemption	8184
prior to stated maturity.	8185

(R) "Property" includes interests in property.

8186

(S) "Administrative agent," "agent," "commercial paper,"	8187
"floating rate interest structure," "indexing agent," "interest	8188
rate hedge," "interest rate period," "put arrangement," and	8189
"remarketing agent" have the same meanings as in section 9.98 of	8190
the Revised Code.	8191

(T) "Outstanding" as applied to bonds means outstanding in	8192
accordance with the terms of the bonds and the applicable bond	8193
proceedings.	8194

(U) "Interstate system" has the same meaning as in section	8195
5516.01 of the Revised Code.	8196

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

8197

(1) "Farm machinery" has the same meaning as in section	8198
4501.01 of the Revised Code.	8199

(2) "Farm commodities" includes livestock, bulk milk, corn,	8200
soybeans, tobacco, and wheat.	8201

(3) "Farm truck" means a truck used in the transportation	8202
from a farm of farm commodities when the truck is operated in	8203
accordance with this section.	8204

(4) "Log truck" means a truck used in the transportation of	8205
timber from the site of its cutting when the truck is operated in	8206
accordance with this section.	8207

(5) "Coal truck" means a truck transporting coal from the	8208
site where it is mined when the truck is operated in accordance	8209
with this section.	8210

(6) "Solid waste" has the same meaning as in section 3734.01	8211
of the Revised Code.	8212

(7) "Solid waste haul vehicle" means a vehicle hauling solid	8213
waste for which a bill of lading has not been issued.	8214

(B)(1) Notwithstanding sections 5577.02 and 5577.04 of the	8215
Revised Code, ~~a coal truck transporting coal, a farm truck or farm~~	8216
~~machinery transporting farm commodities, a log truck transporting~~	8217
~~timber, or a solid waste haul vehicle hauling solid waste, from~~	8218
~~the place of production to the first point of delivery where the~~	8219
~~commodities are weighed and title to the commodities, coal, or~~	8220
~~timber is transferred, or, in the case of solid waste, from the~~	8221
~~place of production to the first point of delivery where the solid~~	8222
~~waste is disposed of or title to the solid waste is transferred,~~	8223
the following vehicles under the described conditions may exceed	8224
by no more than seven and one-half per cent the weight provisions	8225
of sections 5577.01 to 5577.09 of the Revised Code and no penalty	8226
prescribed in section 5577.99 of the Revised Code shall be	8227
imposed~~. If a coal truck so transporting coal, a farm truck or~~	8228
~~farm machinery so transporting farm commodities, a timber truck so~~	8229
~~transporting timber, or a solid waste haul vehicle hauling solid~~	8230
~~waste,~~:	8231

(a) A coal truck transporting coal, from the place of	8232
production to the first point of delivery where title to the coal	8233
is transferred;	8234

(b) A farm truck or farm machinery transporting farm	8235
commodities, from the place of production to the first point of	8236
delivery where the commodities are weighed and title to the	8237
commodities is transferred;	8238

(c) A log truck transporting timber, from the site of its	8239
cutting to the first point of delivery where the timber is	8240
transferred;	8241

(d) A solid waste haul vehicle hauling solid waste, from the	8242
place of production to the first point of delivery where the solid	8243
waste is disposed of or title to the solid waste is transferred.	8244

(2) In addition, if any of the vehicles listed in division	8245
(B)(1) of this section and operated under the conditions described	8246
in that division does not exceed by more than seven and one-half	8247
per cent the gross vehicle weight provisions of sections 5577.01	8248
to 5577.09 of the Revised Code, no wheel or axle-load limits shall	8249
apply and no penalty prescribed in section 5577.99 of the Revised	8250
Code for a wheel or axle overload shall be imposed.	8251

(C) If any of the vehicles listed in division (B)(1) of this	8252
section and operated under the conditions described in that	8253
division exceeds by more than seven and one-half per cent the	8254
weight provisions of ~~those~~ sections 5577.01 to 5577.09 of the	8255
Revised Code, both of the following apply without regard to the	8256
seven and one-half per cent allowance provided by ~~this~~ division	8257
(B) of this section:	8258

(1) The applicable penalty prescribed in section 5577.99 of	8259
the Revised Code;	8260

(2) The civil liability imposed by section 5577.12 of the	8261
Revised Code.	8262

~~(C)~~(D)(1) Division (B) of this section does not apply to the	8263
operation of a farm truck, log truck, or farm machinery	8264
transporting farm commodities during the months of February and	8265
March.	8266

(2) Regardless of when the operation occurs, division (B) of	8267
this section does not apply to the operation of a ~~coal truck, a~~	8268
~~farm truck, a log truck, a solid waste haul~~ vehicle~~, or farm~~	8269
~~machinery transporting farm commodities~~ on either of the	8270
following:	8271

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

8272

(b) A highway, road, or bridge that is subject to reduced	8273
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	8274
5577.09, or 5591.42 of the Revised Code.	8275

Sec. 5577.043. (A) Notwithstanding sections 5577.02 and	8276
5577.04 of the Revised Code, the following vehicles under the	8277
described conditions may exceed by no more than five per cent the	8278
weight provisions of sections 5577.01 to 5577.09 of the Revised	8279
Code and no penalty prescribed in section 5577.99 of the Revised	8280
Code shall be imposed:	8281

(1) A surface mining truck transporting minerals from the	8282
place where the minerals are loaded to any of the following:	8283

(a) The construction site where the minerals are discharged;

8284

(b) The place where title to the minerals is transferred;

8285

8286

(2) A vehicle transporting hot mix asphalt material from the	8287
place where the material is first mixed to the paving site where	8288
the material is discharged;	8289

(3) A vehicle transporting concrete from the place where the	8290
material is first mixed to the site where the material is	8291
discharged;	8292

(4) A vehicle transporting manure, turf, sod, or silage from	8293
the site where the material is first produced to the first place	8294
of delivery;	8295

(5) A vehicle transporting chips, sawdust, mulch, bark,	8296
pulpwood, biomass, or firewood from the site where the product is	8297
first produced or harvested to first point where the product is	8298
transferred.	8299

(B) In addition, if any of the vehicles listed in division	8300
(A) of this section and operated under the conditions described in	8301
that division does not exceed by more than five per cent the gross	8302
vehicle weight provisions of sections 5577.01 to 5577.09 of the	8303
Revised Code, no wheel or axle load limits shall apply and no	8304
penalty prescribed in section 5577.99 of the Revised Code for a	8305
wheel or axle overload shall be imposed.	8306

(C) If any of the vehicles listed in division (A) of this	8307
section and operated under the conditions described in that	8308
division exceeds by more than five per cent the weight provisions	8309
of sections 5577.01 to 5577.09 of the Revised Code, both of the	8310
following apply without regard to the allowance provided by	8311
division (A) of this section:	8312

(1) The applicable penalty prescribed in section 5577.99 of	8313
the Revised Code;	8314

(2) The civil liability imposed by section 5577.12 of the	8315
Revised Code.	8316

(D) Divisions (A) and (B) of this section do not apply to the	8317
operation of a vehicle listed in division (A) of this section on	8318
either of the following:	8319

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

8320

(2) A highway, road, or bridge that is subject to reduced	8321
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	8322
5577.09, or 5591.42 of the Revised Code.	8323

Sec. 5751.01. As used in this chapter:

8324

(A) "Person" means, but is not limited to, individuals,	8325
combinations of individuals of any form, receivers, assignees,	8326
trustees in bankruptcy, firms, companies, joint-stock companies,	8327
business trusts, estates, partnerships, limited liability	8328
partnerships, limited liability companies, associations, joint	8329
ventures, clubs, societies, for-profit corporations, S	8330
corporations, qualified subchapter S subsidiaries, qualified	8331
subchapter S trusts, trusts, entities that are disregarded for	8332
federal income tax purposes, and any other entities.	8333

(B) "Consolidated elected taxpayer" means a group of two or	8334
more persons treated as a single taxpayer for purposes of this	8335
chapter as the result of an election made under section 5751.011	8336
of the Revised Code.	8337

(C) "Combined taxpayer" means a group of two or more persons	8338
treated as a single taxpayer for purposes of this chapter under	8339
section 5751.012 of the Revised Code.	8340

(D) "Taxpayer" means any person, or any group of persons in	8341
the case of a consolidated elected taxpayer or combined taxpayer	8342
treated as one taxpayer, required to register or pay tax under	8343
this chapter. "Taxpayer" does not include excluded persons.	8344

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

8345

(1) Any person with not more than one hundred fifty thousand	8346
dollars of taxable gross receipts during the calendar year.	8347
Division (E)(1) of this section does not apply to a person that is	8348
a member of a consolidated elected taxpayer;	8349

(2) A public utility that paid the excise tax imposed by	8350
section 5727.24 or 5727.30 of the Revised Code based on one or	8351
more measurement periods that include the entire tax period under	8352
this chapter, except that a public utility that is a combined	8353
company is a taxpayer with regard to the following gross receipts:	8354

(a) Taxable gross receipts directly attributed to a public	8355
utility activity, but not directly attributed to an activity that	8356
is subject to the excise tax imposed by section 5727.24 or 5727.30	8357
of the Revised Code;	8358

(b) Taxable gross receipts that cannot be directly attributed	8359
to any activity, multiplied by a fraction whose numerator is the	8360
taxable gross receipts described in division (E)(2)(a) of this	8361
section and whose denominator is the total taxable gross receipts	8362
that can be directly attributed to any activity;	8363

(c) Except for any differences resulting from the use of an	8364
accrual basis method of accounting for purposes of determining	8365
gross receipts under this chapter and the use of the cash basis	8366
method of accounting for purposes of determining gross receipts	8367
under section 5727.24 of the Revised Code, the gross receipts	8368
directly attributed to the activity of a natural gas company shall	8369
be determined in a manner consistent with division (D) of section	8370
5727.03 of the Revised Code.	8371

As used in division (E)(2) of this section, "combined	8372
company" and "public utility" have the same meanings as in section	8373
5727.01 of the Revised Code.	8374

(3) A financial institution, as defined in section 5725.01 of	8375
the Revised Code, that paid the corporation franchise tax charged	8376
by division (D) of section 5733.06 of the Revised Code based on	8377
one or more taxable years that include the entire tax period under	8378
this chapter;	8379

(4) A dealer in intangibles, as defined in section 5725.01 of	8380
the Revised Code, that paid the dealer in intangibles tax levied	8381
by division (D) of section 5707.03 of the Revised Code based on	8382
one or more measurement periods that include the entire tax period	8383
under this chapter;	8384

(5) A financial holding company as defined in the "Bank	8385
Holding Company Act," 12 U.S.C. 1841(p);	8386

(6) A bank holding company as defined in the "Bank Holding	8387
Company Act," 12 U.S.C. 1841(a);	8388

(7) A savings and loan holding company as defined in the	8389
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	8390
only in activities or investments permissible for a financial	8391
holding company under 12 U.S.C. 1843(k);	8392

(8) A person directly or indirectly owned by one or more	8393
financial institutions, financial holding companies, bank holding	8394
companies, or savings and loan holding companies described in	8395
division (E)(3), (5), (6), or (7) of this section that is engaged	8396
in activities permissible for a financial holding company under 12	8397
U.S.C. 1843(k), except that any such person held pursuant to	8398
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	8399
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	8400
directly or indirectly owned by one or more insurance companies	8401
described in division (E)(9) of this section that is authorized to	8402
do the business of insurance in this state.	8403

For the purposes of division (E)(8) of this section, a person	8404
owns another person under the following circumstances:	8405

(a) In the case of corporations issuing capital stock, one	8406
corporation owns another corporation if it owns fifty per cent or	8407
more of the other corporation's capital stock with current voting	8408
rights;	8409

(b) In the case of a limited liability company, one person	8410
owns the company if that person's membership interest, as defined	8411
in section 1705.01 of the Revised Code, is fifty per cent or more	8412
of the combined membership interests of all persons owning such	8413
interests in the company;	8414

(c) In the case of a partnership, trust, or other	8415
unincorporated business organization other than a limited	8416
liability company, one person owns the organization if, under the	8417
articles of organization or other instrument governing the affairs	8418
of the organization, that person has a beneficial interest in the	8419
organization's profits, surpluses, losses, or distributions of	8420
fifty per cent or more of the combined beneficial interests of all	8421
persons having such an interest in the organization;	8422

(d) In the case of multiple ownership, the ownership	8423
interests of more than one person may be aggregated to meet the	8424
fifty per cent ownership tests in this division only when each	8425
such owner is described in division (E)(3), (5), (6), or (7) of	8426
this section and is engaged in activities permissible for a	8427
financial holding company under 12 U.S.C. 1843(k) or is a person	8428
directly or indirectly owned by one or more insurance companies	8429
described in division (E)(9) of this section that is authorized to	8430
do the business of insurance in this state.	8431

(9) A domestic insurance company or foreign insurance	8432
company, as defined in section 5725.01 of the Revised Code, that	8433
paid the insurance company premiums tax imposed by section 5725.18	8434
or Chapter 5729. of the Revised Code based on one or more	8435
measurement periods that include the entire tax period under this	8436
chapter;	8437

(10) A person that solely facilitates or services one or more	8438
securitizations or similar transactions for any person described	8439
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	8440
For purposes of this division, "securitization" means transferring	8441
one or more assets to one or more persons and then issuing	8442
securities backed by the right to receive payment from the asset	8443
or assets so transferred.	8444

(11) Except as otherwise provided in this division, a	8445
pre-income tax trust as defined in division (FF)(4) of section	8446
5747.01 of the Revised Code and any pass-through entity of which	8447
such pre-income tax trust owns or controls, directly, indirectly,	8448
or constructively through related interests, more than five per	8449
cent of the ownership or equity interests. If the pre-income tax	8450
trust has made a qualifying pre-income tax trust election under	8451
division (FF)(3) of section 5747.01 of the Revised Code, then the	8452
trust and the pass-through entities of which it owns or controls,	8453
directly, indirectly, or constructively through related interests,	8454
more than five per cent of the ownership or equity interests,	8455
shall not be excluded persons for purposes of the tax imposed	8456
under section 5751.02 of the Revised Code.	8457

(12) Nonprofit organizations or the state and its agencies,	8458
instrumentalities, or political subdivisions.	8459

(F) Except as otherwise provided in divisions (F)(2), (3),	8460
and (4) of this section, "gross receipts" means the total amount	8461
realized by a person, without deduction for the cost of goods sold	8462
or other expenses incurred, that contributes to the production of	8463
gross income of the person, including the fair market value of any	8464
property and any services received, and any debt transferred or	8465
forgiven as consideration.	8466

(1) The following are examples of gross receipts:

8467

(a) Amounts realized from the sale, exchange, or other	8468
disposition of the taxpayer's property to or with another;	8469

(b) Amounts realized from the taxpayer's performance of	8470
services for another;	8471

(c) Amounts realized from another's use or possession of the	8472
taxpayer's property or capital;	8473

(d) Any combination of the foregoing amounts.

8474

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

8475

(a) Interest income except interest on credit sales;

8476

(b) Dividends and distributions from corporations, and	8477
distributive or proportionate shares of receipts and income from a	8478
pass-through entity as defined under section 5733.04 of the	8479
Revised Code;	8480

(c) Receipts from the sale, exchange, or other disposition of	8481
an asset described in section 1221 or 1231 of the Internal Revenue	8482
Code, without regard to the length of time the person held the	8483
asset. Notwithstanding section 1221 of the Internal Revenue Code,	8484
receipts from hedging transactions also are excluded to the extent	8485
the transactions are entered into primarily to protect a financial	8486
position, such as managing the risk of exposure to (i) foreign	8487
currency fluctuations that affect assets, liabilities, profits,	8488
losses, equity, or investments in foreign operations; (ii)	8489
interest rate fluctuations; or (iii) commodity price fluctuations.	8490
As used in division (F)(2)(c) of this section, "hedging	8491
transaction" has the same meaning as used in section 1221 of the	8492
Internal Revenue Code and also includes transactions accorded	8493
hedge accounting treatment under statement of financial accounting	8494
standards number 133 of the financial accounting standards board.	8495
For the purposes of division (F)(2)(c) of this section, the actual	8496
transfer of title of real or tangible personal property to another	8497
entity is not a hedging transaction.	8498

(d) Proceeds received attributable to the repayment,	8499
maturity, or redemption of the principal of a loan, bond, mutual	8500
fund, certificate of deposit, or marketable instrument;	8501

(e) The principal amount received under a repurchase	8502
agreement or on account of any transaction properly characterized	8503
as a loan to the person;	8504

(f) Contributions received by a trust, plan, or other	8505
arrangement, any of which is described in section 501(a) of the	8506
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	8507
1, Subchapter (D) of the Internal Revenue Code applies;	8508

(g) Compensation, whether current or deferred, and whether in	8509
cash or in kind, received or to be received by an employee, former	8510
employee, or the employee's legal successor for services rendered	8511
to or for an employer, including reimbursements received by or for	8512
an individual for medical or education expenses, health insurance	8513
premiums, or employee expenses, or on account of a dependent care	8514
spending account, legal services plan, any cafeteria plan	8515
described in section 125 of the Internal Revenue Code, or any	8516
similar employee reimbursement;	8517

(h) Proceeds received from the issuance of the taxpayer's own	8518
stock, options, warrants, puts, or calls, or from the sale of the	8519
taxpayer's treasury stock;	8520

(i) Proceeds received on the account of payments from	8521
insurance policies, except those proceeds received for the loss of	8522
business revenue;	8523

(j) Gifts or charitable contributions received; membership	8524
dues received by trade, professional, homeowners', or condominium	8525
associations; and payments received for educational courses,	8526
meetings, meals, or similar payments to a trade, professional, or	8527
other similar association; and fundraising receipts received by	8528
any person when any excess receipts are donated or used	8529
exclusively for charitable purposes;	8530

(k) Damages received as the result of litigation in excess of	8531
amounts that, if received without litigation, would be gross	8532
receipts;	8533

(l) Property, money, and other amounts received or acquired	8534
by an agent on behalf of another in excess of the agent's	8535
commission, fee, or other remuneration;	8536

(m) Tax refunds, other tax benefit recoveries, and	8537
reimbursements for the tax imposed under this chapter made by	8538
entities that are part of the same combined taxpayer or	8539
consolidated elected taxpayer group, and reimbursements made by	8540
entities that are not members of a combined taxpayer or	8541
consolidated elected taxpayer group that are required to be made	8542
for economic parity among multiple owners of an entity whose tax	8543
obligation under this chapter is required to be reported and paid	8544
entirely by one owner, pursuant to the requirements of sections	8545
5751.011 and 5751.012 of the Revised Code;	8546

(n) Pension reversions;

8547

(o) Contributions to capital;

8548

(p) Sales or use taxes collected as a vendor or an	8549
out-of-state seller on behalf of the taxing jurisdiction from a	8550
consumer or other taxes the taxpayer is required by law to collect	8551
directly from a purchaser and remit to a local, state, or federal	8552
tax authority;	8553

(q) In the case of receipts from the sale of cigarettes or	8554
tobacco products by a wholesale dealer, retail dealer,	8555
distributor, manufacturer, or seller, all as defined in section	8556
5743.01 of the Revised Code, an amount equal to the federal and	8557
state excise taxes paid by any person on or for such cigarettes or	8558
tobacco products under subtitle E of the Internal Revenue Code or	8559
Chapter 5743. of the Revised Code;	8560

(r) In the case of receipts from the sale of motor fuel by a	8561
licensed motor fuel dealer, licensed retail dealer, or licensed	8562
permissive motor fuel dealer, all as defined in section 5735.01 of	8563
the Revised Code, an amount equal to federal and state excise	8564
taxes paid by any person on such motor fuel under section 4081 of	8565
the Internal Revenue Code or Chapter 5735. of the Revised Code;	8566

(s) In the case of receipts from the sale of beer or	8567
intoxicating liquor, as defined in section 4301.01 of the Revised	8568
Code, by a person holding a permit issued under Chapter 4301. or	8569
4303. of the Revised Code, an amount equal to federal and state	8570
excise taxes paid by any person on or for such beer or	8571
intoxicating liquor under subtitle E of the Internal Revenue Code	8572
or Chapter 4301. or 4305. of the Revised Code;	8573

(t) Receipts realized by a new motor vehicle dealer or used	8574
motor vehicle dealer, as defined in section 4517.01 of the Revised	8575
Code, from the sale or other transfer of a motor vehicle, as	8576
defined in that section, to another motor vehicle dealer for the	8577
purpose of resale by the transferee motor vehicle dealer, but only	8578
if the sale or other transfer was based upon the transferee's need	8579
to meet a specific customer's preference for a motor vehicle;	8580

(u) Receipts from a financial institution described in	8581
division (E)(3) of this section for services provided to the	8582
financial institution in connection with the issuance, processing,	8583
servicing, and management of loans or credit accounts, if such	8584
financial institution and the recipient of such receipts have at	8585
least fifty per cent of their ownership interests owned or	8586
controlled, directly or constructively through related interests,	8587
by common owners;	8588

(v) Receipts realized from administering anti-neoplastic	8589
drugs and other cancer chemotherapy, biologicals, therapeutic	8590
agents, and supportive drugs in a physician's office to patients	8591
with cancer;	8592

(w) Funds received or used by a mortgage broker that is not a	8593
dealer in intangibles, other than fees or other consideration,	8594
pursuant to a table-funding mortgage loan or warehouse-lending	8595
mortgage loan. Terms used in division (F)(2)(w) of this section	8596
have the same meanings as in section 1322.01 of the Revised Code,	8597
except "mortgage broker" means a person assisting a buyer in	8598
obtaining a mortgage loan for a fee or other consideration paid by	8599
the buyer or a lender, or a person engaged in table-funding or	8600
warehouse-lending mortgage loans that are first lien mortgage	8601
loans.	8602

(x) Property, money, and other amounts received by a	8603
professional employer organization, as defined in section 4125.01	8604
of the Revised Code, from a client employer, as defined in that	8605
section, in excess of the administrative fee charged by the	8606
professional employer organization to the client employer;	8607

(y) In the case of amounts retained as commissions by a	8608
permit holder under Chapter 3769. of the Revised Code, an amount	8609
equal to the amounts specified under that chapter that must be	8610
paid to or collected by the tax commissioner as a tax and the	8611
amounts specified under that chapter to be used as purse money;	8612

(z) Qualifying distribution center receipts.

8613

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

8614

(I) "Qualifying distribution center receipts" means receipts	8615
of a supplier from qualified property that is delivered to a	8616
qualified distribution center, multiplied by a quantity that	8617
equals one minus the Ohio delivery percentage.	8618

(II) "Qualified property" means tangible personal property	8619
delivered to a qualified distribution center that is shipped to	8620
that qualified distribution center solely for further shipping by	8621
the qualified distribution center to another location in this	8622
state or elsewhere. "Further shipping" includes storing and	8623
repackaging such property into smaller or larger bundles, so long	8624
as such property is not subject to further manufacturing or	8625
processing.	8626

(III) "Qualified distribution center" means a warehouse or	8627
other similar facility in this state that, for the qualifying	8628
year, is operated by a person that is not part of a combined	8629
taxpayer group and that has a qualifying certificate. However, all	8630
warehouses or other similar facilities that are operated by	8631
persons in the same taxpayer group and that are located within one	8632
mile of each other shall be treated as one qualified distribution	8633
center.	8634

(IV) "Qualifying year" means the calendar year to which the	8635
qualifying certificate applies.	8636

(V) "Qualifying period" means the period of the first day of	8637
July of the second year preceding the qualifying year through the	8638
thirtieth day of June of the year preceding the qualifying year.	8639

(VI) "Qualifying certificate" means the certificate issued by	8640
the tax commissioner after the operator of a distribution center	8641
files an annual application with the commissioner. The application	8642
and annual fee shall be filed and paid for each qualified	8643
distribution center on or before the first day of September before	8644
the qualifying year or within forty-five days after the	8645
distribution center opens, whichever is later.	8646

The applicant must substantiate to the commissioner's	8647
satisfaction that, for the qualifying period, all persons	8648
operating the distribution center have more than fifty per cent of	8649
the cost of the qualified property shipped to a location such that	8650
it would be sitused outside this state under the provisions of	8651
division (E) of section 5751.033 of the Revised Code. The	8652
applicant must also substantiate that the distribution center	8653
cumulatively had costs from its suppliers equal to or exceeding	8654
five hundred million dollars during the qualifying period. (For	8655
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	8656
excludes any person that is part of the consolidated elected	8657
taxpayer group, if applicable, of the operator of the qualified	8658
distribution center.) The commissioner may require the applicant	8659
to have an independent certified public accountant certify that	8660
the calculation of the minimum thresholds required for a qualified	8661
distribution center by the operator of a distribution center has	8662
been made in accordance with generally accepted accounting	8663
principles. The commissioner shall issue or deny the issuance of a	8664
certificate within sixty days after the receipt of the	8665
application. A denial is subject to appeal under section 5717.02	8666
of the Revised Code. If the operator files a timely appeal under	8667
section 5717.02 of the Revised Code, the operator shall be granted	8668
a qualifying certificate, provided that the operator is liable for	8669
any tax, interest, or penalty upon amounts claimed as qualifying	8670
distribution center receipts, other than those receipts exempt	8671
under division (C)(1) of section 5751.011 of the Revised Code,	8672
that would have otherwise not been owed by its suppliers if the	8673
qualifying certificate was valid.	8674

(VII) "Ohio delivery percentage" means the proportion of the	8675
total property delivered to a destination inside Ohio from the	8676
qualified distribution center during the qualifying period	8677
compared with total deliveries from such distribution center	8678
everywhere during the qualifying period.	8679

(ii) If the distribution center is new and was not open for	8680
the entire qualifying period, the operator of the distribution	8681
center may request that the commissioner grant a qualifying	8682
certificate. If the certificate is granted and it is later	8683
determined that more than fifty per cent of the qualified property	8684
during that year was not shipped to a location such that it would	8685
be sitused outside of this state under the provisions of division	8686
(E) of section 5751.033 of the Revised Code or if it is later	8687
determined that the person that operates the distribution center	8688
had average monthly costs from its suppliers of less than forty	8689
million dollars during that year, then the operator of the	8690
distribution center shall be liable for any tax, interest, or	8691
penalty upon amounts claimed as qualifying distribution center	8692
receipts, other than those receipts exempt under division (C)(1)	8693
of section 5751.011 of the Revised Code, that would have not	8694
otherwise been owed by its suppliers during the qualifying year if	8695
the qualifying certificate was valid. (For purposes of division	8696
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	8697
is part of the consolidated elected taxpayer group, if applicable,	8698
of the operator of the qualified distribution center.)	8699

(iii) When filing an application for a qualifying certificate	8700
under division (F)(2)(z)(i)(VI) of this section, the operator of a	8701
qualified distribution center also shall provide documentation, as	8702
the commissioner requires, for the commissioner to ascertain the	8703
Ohio delivery percentage. The commissioner, upon issuing the	8704
qualifying certificate, also shall certify the Ohio delivery	8705
percentage. The operator of the qualified distribution center may	8706
appeal the commissioner's certification of the Ohio delivery	8707
percentage in the same manner as an appeal is taken from the	8708
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	8709
of this section.	8710

Within thirty days after all appeals have been exhausted, the	8711
operator of the qualified distribution center shall notify the	8712
affected suppliers of qualified property that such suppliers are	8713
required to file, within sixty days after receiving notice from	8714
the operator of the qualified distribution center, amended reports	8715
for the impacted calendar quarter or quarters or calendar year,	8716
whichever the case may be. Any additional tax liability or tax	8717
overpayment shall be subject to interest but shall not be subject	8718
to the imposition of any penalty so long as the amended returns	8719
are timely filed. The supplier of tangible personal property	8720
delivered to the qualified distribution center shall include in	8721
its report of taxable gross receipts the receipts from the total	8722
sales of property delivered to the qualified distribution center	8723
for the calendar quarter or calendar year, whichever the case may	8724
be, multiplied by the Ohio delivery percentage for the qualifying	8725
year. Nothing in division (F)(2)(z)(iii) of this section shall be	8726
construed as imposing liability on the operator of a qualified	8727
distribution center for the tax imposed by this chapter arising	8728
from any change to the Ohio delivery percentage.	8729

(iv) In the case where the distribution center is new and not	8730
open for the entire qualifying period, the operator shall make a	8731
good faith estimate of an Ohio delivery percentage for use by	8732
suppliers in their reports of taxable gross receipts for the	8733
remainder of the qualifying period. The operator of the facility	8734
shall disclose to the suppliers that such Ohio delivery percentage	8735
is an estimate and is subject to recalculation. By the due date of	8736
the next application for a qualifying certificate, the operator	8737
shall determine the actual Ohio delivery percentage for the	8738
estimated qualifying period and proceed as provided in division	8739
(F)(2)(z)(iii) of this section with respect to the calculation and	8740
recalculation of the Ohio delivery percentage. The supplier is	8741
required to file, within sixty days after receiving notice from	8742
the operator of the qualified distribution center, amended reports	8743
for the impacted calendar quarter or quarters or calendar year,	8744
whichever the case may be. Any additional tax liability or tax	8745
overpayment shall be subject to interest but shall not be subject	8746
to the imposition of any penalty so long as the amended returns	8747
are timely filed.	8748

(v) Qualifying certificates and Ohio delivery percentages	8749
issued by the commissioner shall be open to public inspection and	8750
shall be timely published by the commissioner. A supplier relying	8751
in good faith on a certificate issued under this division shall	8752
not be subject to tax on the qualifying distribution center	8753
receipts under division (F)(2)(z) of this section. A person	8754
receiving a qualifying certificate is responsible for paying the	8755
tax, interest, and penalty upon amounts claimed as qualifying	8756
distribution center receipts that would not otherwise have been	8757
owed by the supplier if the qualifying certificate were available	8758
when it is later determined that the qualifying certificate should	8759
not have been issued because the statutory requirements were in	8760
fact not met.	8761

(vi) The annual fee for a qualifying certificate shall be one	8762
hundred thousand dollars for each qualified distribution center.	8763
If a qualifying certificate is not issued, the annual fee is	8764
subject to refund after the exhaustion of all appeals provided for	8765
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	8766
under this division may be assessed in the same manner as the tax	8767
imposed under this chapter. The first one hundred thousand dollars	8768
of the annual application fees collected each calendar year shall	8769
be credited to the commercial activity tax administrative fund.	8770
The remainder of the annual application fees collected shall be	8771
distributed in the same manner required under section 5751.20 of	8772
the Revised Code.	8773

(vii) The tax commissioner may require that adequate security	8774
be posted by the operator of the distribution center on appeal	8775
when the commissioner disagrees that the applicant has met the	8776
minimum thresholds for a qualified distribution center as set	8777
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	8778
section.	8779

(aa) Receipts of an employer from payroll deductions relating	8780
to the reimbursement of the employer for advancing moneys to an	8781
unrelated third party on an employee's behalf;	8782

(bb) Cash discounts allowed and taken;

8783

(cc) Returns and allowances;

8784

(dd) Bad debts from receipts on the basis of which the tax	8785
imposed by this chapter was paid in a prior quarterly tax payment	8786
period. For the purpose of this division, "bad debts" means any	8787
debts that have become worthless or uncollectible between the	8788
preceding and current quarterly tax payment periods, have been	8789
uncollected for at least six months, and that may be claimed as a	8790
deduction under section 166 of the Internal Revenue Code and the	8791
regulations adopted under that section, or that could be claimed	8792
as such if the taxpayer kept its accounts on the accrual basis.	8793
"Bad debts" does not include repossessed property, uncollectible	8794
amounts on property that remains in the possession of the taxpayer	8795
until the full purchase price is paid, or expenses in attempting	8796
to collect any account receivable or for any portion of the debt	8797
recovered;	8798

(ee) Any amount realized from the sale of an account	8799
receivable to the extent the receipts from the underlying	8800
transaction giving rise to the account receivable were included in	8801
the gross receipts of the taxpayer;	8802

(ff) Any receipts for which the tax imposed by this chapter	8803
is prohibited by the Constitution or laws of the United States or	8804
the Constitution of Ohio.	8805

(gg) Amounts realized by licensed motor fuel dealers or	8806
licensed permissive motor fuel dealers from the exchange of	8807
petroleum products, including motor fuel, between such dealers,	8808
provided that delivery of the petroleum products occurs at a	8809
refinery, terminal, pipeline, or marine vessel and that the	8810
exchanging dealers agree neither dealer shall require monetary	8811
compensation from the other for the value of the exchanged	8812
petroleum products other than such compensation for differences in	8813
product location or grade. Division (F)(2)(gg) of this section	8814
does not apply to amounts realized as a result of differences in	8815
location or grade of exchanged petroleum products or from	8816
handling, lubricity, dye, or other additive injections fees,	8817
pipeline security fees, or similar fees. As used in this division,	8818
"motor fuel," "licensed motor fuel dealer," "licensed permissive	8819
motor fuel dealer," and "terminal" have the same meanings as in	8820
section 5735.01 of the Revised Code.	8821

(3) In the case of a taxpayer when acting as a real estate	8822
broker, "gross receipts" includes only the portion of any fee for	8823
the service of a real estate broker, or service of a real estate	8824
salesperson associated with that broker, that is retained by the	8825
broker and not paid to an associated real estate salesperson or	8826
another real estate broker. For the purposes of this division,	8827
"real estate broker" and "real estate salesperson" have the same	8828
meanings as in section 4735.01 of the Revised Code.	8829

(4) A taxpayer's method of accounting for gross receipts for	8830
a tax period shall be the same as the taxpayer's method of	8831
accounting for federal income tax purposes for the taxpayer's	8832
federal taxable year that includes the tax period. If a taxpayer's	8833
method of accounting for federal income tax purposes changes, its	8834
method of accounting for gross receipts under this chapter shall	8835
be changed accordingly.	8836

(G) "Taxable gross receipts" means gross receipts sitused to	8837
this state under section 5751.033 of the Revised Code.	8838

(H) A person has "substantial nexus with this state" if any	8839
of the following applies. The person:	8840

(1) Owns or uses a part or all of its capital in this state;

8841

(2) Holds a certificate of compliance with the laws of this	8842
state authorizing the person to do business in this state;	8843

(3) Has bright-line presence in this state;

8844

(4) Otherwise has nexus with this state to an extent that the	8845
person can be required to remit the tax imposed under this chapter	8846
under the Constitution of the United States.	8847

(I) A person has "bright-line presence" in this state for a	8848
reporting period and for the remaining portion of the calendar	8849
year if any of the following applies. The person:	8850

(1) Has at any time during the calendar year property in this	8851
state with an aggregate value of at least fifty thousand dollars.	8852
For the purpose of division (I)(1) of this section, owned property	8853
is valued at original cost and rented property is valued at eight	8854
times the net annual rental charge.	8855

(2) Has during the calendar year payroll in this state of at	8856
least fifty thousand dollars. Payroll in this state includes all	8857
of the following:	8858

(a) Any amount subject to withholding by the person under	8859
section 5747.06 of the Revised Code;	8860

(b) Any other amount the person pays as compensation to an	8861
individual under the supervision or control of the person for work	8862
done in this state; and	8863

(c) Any amount the person pays for services performed in this	8864
state on its behalf by another.	8865

(3) Has during the calendar year taxable gross receipts of at	8866
least five hundred thousand dollars.	8867

(4) Has at any time during the calendar year within this	8868
state at least twenty-five per cent of the person's total	8869
property, total payroll, or total gross receipts.	8870

(5) Is domiciled in this state as an individual or for	8871
corporate, commercial, or other business purposes.	8872

(J) "Tangible personal property" has the same meaning as in	8873
section 5739.01 of the Revised Code.	8874

(K) "Internal Revenue Code" means the Internal Revenue Code	8875
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	8876
this chapter that is not otherwise defined has the same meaning as	8877
when used in a comparable context in the laws of the United States	8878
relating to federal income taxes unless a different meaning is	8879
clearly required. Any reference in this chapter to the Internal	8880
Revenue Code includes other laws of the United States relating to	8881
federal income taxes.	8882

(L) "Calendar quarter" means a three-month period ending on	8883
the thirty-first day of March, the thirtieth day of June, the	8884
thirtieth day of September, or the thirty-first day of December.	8885

(M) "Tax period" means the calendar quarter or calendar year	8886
on the basis of which a taxpayer is required to pay the tax	8887
imposed under this chapter.	8888

(N) "Calendar year taxpayer" means a taxpayer for which the	8889
tax period is a calendar year.	8890

(O) "Calendar quarter taxpayer" means a taxpayer for which	8891
the tax period is a calendar quarter.	8892

(P) "Agent" means a person authorized by another person to	8893
act on its behalf to undertake a transaction for the other,	8894
including any of the following:	8895

(1) A person receiving a fee to sell financial instruments;

8896

(2) A person retaining only a commission from a transaction	8897
with the other proceeds from the transaction being remitted to	8898
another person;	8899

(3) A person issuing licenses and permits under section	8900
1533.13 of the Revised Code;	8901

(4) A lottery sales agent holding a valid license issued	8902
under section 3770.05 of the Revised Code;	8903

(5) A person acting as an agent of the division of liquor	8904
control under section 4301.17 of the Revised Code.	8905

(Q) "Received" includes amounts accrued under the accrual	8906
method of accounting.	8907

(R) "Reporting person" means a person in a consolidated	8908
elected taxpayer or combined taxpayer group that is designated by	8909
that group to legally bind the group for all filings and tax	8910
liabilities and to receive all legal notices with respect to	8911
matters under this chapter, or, for the purposes of section	8912
5751.04 of the Revised Code, a separate taxpayer that is not a	8913
member of such a group.	8914

Sec. 6137.112. (A) At the time that the board of county	8915
commissioners reviews the permanent base of an improvement for	8916
maintenance fund assessments after six annual maintenance fund	8917
assessments have been made as provided in section 6137.11 of the	8918
Revised Code, the board may request the county engineer to	8919
estimate the construction cost of the improvement if that	8920
improvement were to be constructed at the time of the permanent	8921
base review. Not less than thirty days prior to a hearing at which	8922
the board will consider the estimate as the construction cost of	8923
the improvement, the clerk of the board shall send to each owner	8924
that would be affected a notice by certified mail, return receipt	8925
requested, or by first class mail in a five-day return envelope.	8926
For each improvement, all individual notices shall be sent by the	8927
same type of mail. Whichever method the board chooses, the words	8928
"legal notice" shall be printed in plain view on the face of the	8929
envelope. The notice shall state the amount of the present	8930
permanent base for maintenance assessment, the proposed new	8931
permanent base amount with respect to the owner, and the date of	8932
the hearing on the proposed change.	8933

(B) The board of county commissioners, by adoption of a	8934
resolution at the hearing required under division (A) of this	8935
section, may approve the estimate as the construction cost of the	8936
improvement in lieu of the original construction cost of the	8937
improvement. If approved, the estimate of construction cost shall	8938
be the permanent base that is used to calculate maintenance fund	8939
assessments for owners benefiting from the improvement. The	8940
approved estimate of construction cost shall serve as the	8941
permanent base for the purposes of this chapter until such time as	8942
it is revised in accordance with this section.	8943

Section 101.02. That existing sections 122.075, 125.11,	8944
127.12, 164.04, 164.08, 1515.29, 4163.07, 4301.10, 4301.20,	8945
4301.62, 4303.232, 4501.01, 4501.02, 4501.06, 4501.21, 4501.81,	8946
4503.03, 4503.031, 4503.04, 4503.521, 4503.62, 4503.701, 4503.94,	8947
4505.06, 4505.08, 4505.09, 4506.08, 4507.05, 4507.1612, 4507.23,	8948
4507.45, 4509.101, 4509.81, 4510.10, 4510.22, 4510.43, 4510.72,	8949
4511.108, 4511.191, 4511.53, 4511.69, 4513.24, 4513.263, 4513.61,	8950
4517.01, 4517.02, 4517.03, 4517.33, 4582.12, 4582.31, 4905.802,	8951
5501.51, 5501.55, 5502.011, 5502.11, 5503.02, 5517.011, 5525.15,	8952
5531.12, 5531.18, 5540.01, 5577.042, and 5751.01 of the Revised	8953
Code are hereby repealed.	8954

Section 105.01. That sections 4501.14 and 4905.801 of the	8955
Revised Code are hereby repealed.	8956

Section 201.10. Except as otherwise provided, all	8957
appropriation items in this act are hereby appropriated out of any	8958
moneys in the state treasury to the credit of the designated fund	8959
that are not otherwise appropriated. For all appropriations made	8960
in this act, the amounts in the first column are for fiscal year	8961
2012 and the amounts in the second column are for fiscal year	8962
2013.	8963

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

8964

FUND

TITLE

FY 2012

FY 2013

8965

Highway Operating Fund Group	8966

2120	772426	Highway Infrastructure Bank - Federal	$	6,775,000	$	6,725,000	8967
2120	772427	Highway Infrastructure Bank - State	$	12,700,000	$	12,750,000	8968
2120	772430	Infrastructure Debt Reserve Title 23-49	$	525,000	$	525,000	8969
2130	772431	Roadway Infrastructure Bank - State	$	2,500,000	$	2,500,000	8970
2130	772433	Infrastructure Debt Reserve - State	$	1,000,000	$	1,000,000	8971
2130	775457	Transit Infrastructure Bank - State	$	250,000	$	250,000	8972
2130	777477	Aviation Infrastructure Bank - State	$	1,250,000	$	1,250,000	8973
7002	771411	Planning and Research - State	$	23,474,971	$	23,057,800	8974
7002	771412	Planning and Research - Federal	$	28,647,965	$	28,925,138	8975
7002	772421	Highway Construction - State	$	499,073,672	$	476,482,710	8976
7002	772422	Highway Construction - Federal	$	1,146,641,723	$	1,180,471,714	8977
7002	772424	Highway Construction - Other	$	80,000,000	$	80,000,000	8978
7002	772437	GARVEE Debt Service - State	$	31,918,500	$	33,276,100	8979
7002	772438	GARVEE Debt Service - Federal	$	139,155,600	$	144,590,400	8980
7002	773431	Highway Maintenance - State	$	454,853,435	$	469,400,101	8981
7002	775452	Public Transportation - Federal	$	27,060,785	$	27,060,785	8982
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	8983
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	8984
7002	776462	Grade Crossings - Federal	$	14,200,000	$	14,240,000	8985
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	8986
7002	777475	Aviation Administration	$	5,453,108	$	5,374,144	8987
7002	779491	Administration - State	$	136,462,349	$	140,904,501	8988
TOTAL HOF Highway Operating							8989
Fund Group			$	2,618,577,108	$	2,655,418,393	8990

State Special Revenue Fund Group	8991

4N40	776663	Panhandle Lease Reserve Payments	$	764,300	$	0	8992
4N40	776664	Rail Transportation - Other	$	2,111,500	$	2,875,800	8993
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	8994
TOTAL SSR State Special Revenue							8995
Fund Group			$	3,495,800	$	3,495,800	8996

Infrastructure Bank Obligations Fund Group	8997

7045	772428	Highway Infrastructure Bank - Bonds	$	45,400,000	$	98,000,000	8998
TOTAL 045 Infrastructure Bank							8999
Obligations Fund Group			$	45,400,000	$	98,000,000	9000

Highway Capital Improvement Fund Group	9001

7042	772723	Highway Construction - Bonds	$	36,600,000	$	91,600,000	9002
TOTAL 042 Highway Capital							9003
Improvement Fund Group			$	36,600,000	$	91,600,000	9004
TOTAL ALL BUDGET FUND GROUPS			$	2,704,072,908	$	2,848,514,193	9005

Section 203.20. PUBLIC ACCESS ROADS FOR DNR FACILITIES

9007

Of the foregoing appropriation item 772421, Highway	9008
Construction – State, $5,000,000 shall be used in each fiscal year	9009
for the construction, reconstruction, or maintenance of public	9010
access roads, including support features, to and within state	9011
facilities owned or operated by the Department of Natural	9012
Resources.	9013

Section 203.30. PUBLIC ACCESS FOR ROADS FOR PARKS AND	9014
EXPOSITIONS COMMISSION'S FACILITIES	9015

Notwithstanding section 5511.06 of the Revised Code, of the	9016
foregoing appropriation item 772421, Highway Construction – State,	9017
$2,228,000 in each fiscal year shall be used for the construction,	9018
reconstruction, or maintenance of park drives or park roads within	9019
the boundaries of metropolitan parks.	9020

The Department of Transportation may use the foregoing	9021
appropriation item 772421, Highway Construction – State, to	9022
perform related road work on behalf of the Ohio Expositions	9023
Commission at the state fairgrounds, including reconstruction or	9024
maintenance of public access roads and support features to and	9025
within fairgrounds facilities, as requested by the Commission and	9026
approved by the Director of Transportation.	9027

Section 203.30.20. TRANSPORTATION IMPROVEMENT DISTRICTS

9028

(A) Notwithstanding section 5540.151 of the Revised Code, of	9029
the foregoing appropriation item 772421, Highway Construction –	9030
State, $3,500,000 in each fiscal year shall be made available for	9031
distribution by the Director of Transportation to Transportation	9032
Improvement Districts that have facilitated funding for the cost	9033
of a project or projects, as defined in division (C) of section	9034
5540.01 of the Revised Code, in conjunction with and through other	9035
governmental agencies, as defined in division (B) of section	9036
5540.01 of the Revised Code.	9037

(B) A Transportation Improvement District shall submit	9038
requests for project funding to the Ohio Department of	9039
Transportation no later than the first day of September in each	9040
fiscal year. The Ohio Department of Transportation shall notify	9041
the Transportation Improvement District whether the Department has	9042
approved or disapproved the project funding request within 90 days	9043
after the day the request was submitted by the Transportation	9044
Improvement District.	9045

(C) Any funding provided to a Transportation Improvement	9046
District specified in this section shall not be used for the	9047
purposes of administrative costs or administrative staffing and	9048
must be used to fund a specific project or projects within that	9049
District's area. The total amount of a specific project's cost	9050
shall not be fully funded by the amount of funds provided under	9051
this section. The total amount of funding provided for each	9052
project is limited to 10% of total project costs or $250,000 per	9053
fiscal year, whichever is greater. Transportation Improvement	9054
Districts that are co-sponsoring a specific project may	9055
individually apply for up to $250,000 for that project. However,	9056
no more than 10% of a project's total costs shall be funded	9057
through moneys provided under this section.	9058

(D) Funds provided under this section may be used for	9059
preliminary engineering, detailed design, right-of-way	9060
acquisition, and construction of the specific project and such	9061
other project costs that are defined in section 5540.01 of the	9062
Revised Code and approved by the Director of Transportation. Upon	9063
receipt of a copy of an invoice for work performed on the specific	9064
project, the Director of Transportation shall reimburse a	9065
Transportation Improvement District for the expenditures described	9066
above, subject to the requirements of this section.	9067

(E) Any Transportation Improvement District that is	9068
requesting funds under this section shall register with the	9069
Director of Transportation. The Director of Transportation shall	9070
register a Transportation Improvement District only if the	9071
district has a specific, eligible project and may cancel the	9072
registration of a Transportation Improvement District that is not	9073
eligible to receive funds under this section. The Director shall	9074
not provide funds to any Transportation Improvement District under	9075
this section if the district is not registered.	9076

Section 203.40. ISSUANCE OF BONDS

9077

The Treasurer of State, upon the request of the Director of	9078
Transportation, is authorized to issue and sell, in accordance	9079
with Section 2m of Article VIII, Ohio Constitution, and Chapter	9080
151. and particularly sections 151.01 and 151.06 of the Revised	9081
Code, obligations, including bonds and notes, in the aggregate	9082
amount of $123,000,000 in addition to the original issuance of	9083
obligations authorized by prior acts of the General Assembly.	9084

The obligations shall be issued and sold from time to time in	9085
amounts necessary to provide sufficient moneys to the credit of	9086
the Highway Capital Improvement Fund (Fund 7042) created by	9087
section 5528.53 of the Revised Code to pay costs charged to the	9088
fund when due as estimated by the Director of Transportation,	9089
provided, however, that such obligations shall be issued and sold	9090
at such time or times so that not more than $220,000,000 original	9091
principal amount of obligations, plus the principal amount of	9092
obligations that in prior fiscal years could have been, but were	9093
not, issued within the $220,000,000 limit, may be issued in any	9094
fiscal year, and not more than $1,200,000,000 original principal	9095
amount of such obligations are outstanding at any one time.	9096

Section 203.50. TRANSFER OF HIGHWAY OPERATING FUND (FUND	9097
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION,	9098
HIGHWAY MAINTENANCE, PUBLIC TRANSPORTATION, RAIL, AVIATION, AND	9099
ADMINISTRATION	9100

The Director of Budget and Management may approve requests	9101
from the Director of Transportation for transfer of Highway	9102
Operating Fund (Fund 7002) appropriations for planning and	9103
research (appropriation items 771411 and 771412), highway	9104
construction and debt service (appropriation items 772421, 772422,	9105
772424, 772437, and 772438), highway maintenance (appropriation	9106
item 773431), public transportation - federal (appropriation item	9107
775452), elderly and disabled special equipment (appropriation	9108
item 775459), rail grade crossings (appropriation item 776462),	9109
aviation (appropriation item 777475), and administration	9110
(appropriation item 779491). The Director of Budget and Management	9111
may not make transfers out of debt service appropriation items	9112
unless the Director determines that the appropriated amounts	9113
exceed the actual and projected debt service requirements.	9114
Transfers of appropriations may be made upon the written request	9115
of the Director of Transportation and with the approval of the	9116
Director of Budget and Management. The transfers shall be reported	9117
to the Controlling Board at the next regularly scheduled meeting	9118
of the board.	9119

This transfer authority is intended to provide for emergency	9120
situations and flexibility to meet unforeseen conditions that	9121
could arise during the budget period. It also is intended to allow	9122
the department to optimize the use of available resources and	9123
adjust to circumstances affecting the obligation and expenditure	9124
of federal funds.	9125

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY, TRANSIT,	9126
AVIATION, AND RAIL AND LOCAL TRANSIT	9127

The Director of Budget and Management may approve written	9128
requests from the Director of Transportation for the transfer of	9129
appropriations between appropriation items 772422, Highway	9130
Construction - Federal, 775452, Public Transportation - Federal,	9131
775454, Public Transportation - Other, 775459, Elderly and	9132
Disabled Special Equipment, 776475, Federal Rail Administration,	9133
and 777472, Airport Improvements - Federal. The transfers shall be	9134
reported to the Controlling Board at its next regularly scheduled	9135
meeting.	9136

TRANSFER OF APPROPRIATIONS - ARRA

9137

The Director of Budget and Management may approve written	9138
requests from the Director of Transportation for the transfer of	9139
appropriations between appropriation items 771412, Planning and	9140
Research – Federal, 772422, Highway Construction - Federal,	9141
772424, Highway Construction – Other, 775452, Public	9142
Transportation - Federal, 776462, Grade Crossing - Federal, and	9143
777472, Airport Improvements - Federal, based upon the	9144
requirements of the American Recovery and Reinvestment Act of 2009	9145
that apply to the money appropriated. The transfers shall be	9146
reported to the Controlling Board at its next regularly scheduled	9147
meeting.	9148

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	9149
BANK	9150

The Director of Budget and Management may approve requests	9151
from the Director of Transportation for transfer of appropriations	9152
and cash of the Infrastructure Bank funds created in section	9153
5531.09 of the Revised Code, including transfers between fiscal	9154
years 2012 and 2013. The transfers shall be reported to the	9155
Controlling Board at its next regularly scheduled meeting.	9156

The Director of Budget and Management may approve requests	9157
from the Director of Transportation for transfer of appropriations	9158
and cash from the Highway Operating Fund (Fund 7002) to the	9159
Infrastructure Bank funds created in section 5531.09 of the	9160
Revised Code. The Director of Budget and Management may transfer	9161
from the Infrastructure Bank funds to the Highway Operating Fund	9162
up to the amounts originally transferred to the Infrastructure	9163
Bank funds under this section. However, the Director may not make	9164
transfers between modes or transfers between different funding	9165
sources. The transfers shall be reported to the Controlling Board	9166
at its next regularly scheduled meeting.	9167

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

9168

The Director of Budget and Management may approve requests	9169
from the Director of Transportation for transfer of appropriations	9170
and cash of the Ohio Toll Fund and any subaccounts created in	9171
section 5531.14 of the Revised Code, including transfers between	9172
fiscal years 2012 and 2013. The transfers shall be reported to the	9173
Controlling Board at its next regularly scheduled meeting.	9174

INCREASING APPROPRIATIONS: STATE FUNDS

9175

In the event that receipts or unexpended balances credited to	9176
the Highway Operating Fund (Fund 7002) exceed the estimates upon	9177
which the appropriations have been made in this act, upon the	9178
request of the Director of Transportation, the Controlling Board	9179
may increase those appropriations in the manner prescribed in	9180
section 131.35 of the Revised Code.	9181

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

9182

In the event that receipts or unexpended balances credited to	9183
the Highway Operating Fund (Fund 7002) or apportionments or	9184
allocations made available from the federal and local government	9185
exceed the estimates upon which the appropriations have been made	9186
in this act, upon the request of the Director of Transportation,	9187
the Controlling Board may increase those appropriations in the	9188
manner prescribed in section 131.35 of the Revised Code.	9189

REAPPROPRIATIONS

9190

Upon approval of the Director of Budget and Management, all	9191
appropriations of the Highway Operating Fund (Fund 7002), the	9192
Highway Capital Improvement Fund (Fund 7042), and the	9193
Infrastructure Bank funds created in section 5531.09 of the	9194
Revised Code remaining unencumbered on June 30, 2011, are hereby	9195
reappropriated for the same purpose in fiscal year 2012.	9196

Upon approval of the Director of Budget and Management, all	9197
appropriations of the Highway Operating Fund (Fund 7002), the	9198
Highway Capital Improvement Fund (Fund 7042), and the	9199
Infrastructure Bank funds created in section 5531.09 of the	9200
Revised Code remaining unencumbered on June 30, 2012, are hereby	9201
reappropriated for the same purpose in fiscal year 2013.	9202

Any balances of prior years' appropriations to the Highway	9203
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	9204
(Fund 7042), and the Infrastructure Bank funds created in section	9205
5531.09 of the Revised Code that are unencumbered on June 30,	9206
2011, subject to the availability of revenue as determined by the	9207
Director of Transportation, are hereby reappropriated for the same	9208
purpose in fiscal year 2012 upon the request of the Director of	9209
Transportation and with the approval of the Director of Budget and	9210
Management. The reappropriations shall be reported to the	9211
Controlling Board.	9212

Any balances of prior years' appropriations to the Highway	9213
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	9214
(Fund 7042), and the Infrastructure Bank funds created in section	9215
5531.09 of the Revised Code that are unencumbered on June 30,	9216
2012, subject to the availability of revenue as determined by the	9217
Director of Transportation, are hereby reappropriated for the same	9218
purpose in fiscal year 2013 upon the request of the Director of	9219
Transportation and with the approval of the Director of Budget and	9220
Management. The reappropriations shall be reported to the	9221
Controlling Board.	9222

LIQUIDATION OF UNFORESEEN LIABILITIES

9223

Any appropriation made from the Highway Operating Fund (Fund	9224
7002) not otherwise restricted by law is available to liquidate	9225
unforeseen liabilities arising from contractual agreements of	9226
prior years when the prior year encumbrance is insufficient.	9227

Section 203.60. MAINTENANCE OF INTERSTATE HIGHWAYS

9228

The Director of Transportation may remove snow and ice and	9229
maintain, repair, improve, or provide lighting upon interstate	9230
highways that are located within the boundaries of municipal	9231
corporations, adequate to meet the requirements of federal law.	9232
When agreed in writing by the Director of Transportation and the	9233
legislative authority of a municipal corporation and	9234
notwithstanding sections 125.01 and 125.11 of the Revised Code,	9235
the Department of Transportation may reimburse a municipal	9236
corporation for all or any part of the costs, as provided by such	9237
agreement, incurred by the municipal corporation in maintaining,	9238
repairing, lighting, and removing snow and ice from the interstate	9239
system.	9240

Section 203.70. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

9241

The Director of Transportation may use revenues from the	9242
state motor vehicle fuel tax to match approved federal grants	9243
awarded to the Department of Transportation, regional transit	9244
authorities, or eligible public transportation systems, for public	9245
transportation highway purposes, or to support local or state	9246
funded projects for public transportation highway purposes. Public	9247
transportation highway purposes include: the construction or	9248
repair of high-occupancy vehicle traffic lanes, the acquisition or	9249
construction of park-and-ride facilities, the acquisition or	9250
construction of public transportation vehicle loops, the	9251
construction or repair of bridges used by public transportation	9252
vehicles or that are the responsibility of a regional transit	9253
authority or other public transportation system, or other similar	9254
construction that is designated as an eligible public	9255
transportation highway purpose. Motor vehicle fuel tax revenues	9256
may not be used for operating assistance or for the purchase of	9257
vehicles, equipment, or maintenance facilities.	9258

Section 203.80. The federal payments made to the state for	9259
highway infrastructure or for transit agencies under Title XII of	9260
Division A of the American Recovery and Reinvestment Act of 2009	9261
shall be deposited to the credit of the Highway Operating Fund	9262
(Fund 7002), which is created in section 5735.291 of the Revised	9263
Code.	9264

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

9265

State Highway Safety Fund Group	9266

4W40	762321	Operating Expense - BMV	$	80,003,146	$	82,403,240	9267
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	9268
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	9269
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	7,338,097	9270
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	9271
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	9272
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	9273
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	9274
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	9275
8310	761610	Information and Education - Federal	$	422,084	$	434,746	9276
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	9277
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	9278
8310	765610	EMS - Federal	$	532,007	$	532,007	9279
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,546,319	$	1,546,319	9280
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	9281
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	9282
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	5,549,068	9283
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	9284
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	9285
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	9286
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	9287
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	9288
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	9289
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	2,711,069	9290
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	305,600	9291
83P0	765637	EMS Grants	$	4,106,621	$	4,229,819	9292
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	9293
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	9294
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	9295
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	9296
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	9297
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	9298
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	9299
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	9300
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	9301
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	481,261,100	9302

General Services Fund Group	9303

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	9304
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	9305
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	9306
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	9307
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	9308
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	9309

Federal Special Revenue Fund Group	9310

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	9311
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	9312
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	9313
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	9314
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	9315
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	9316
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	9317
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	9318
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	9319
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	9320
3DU0	762628	BMV Grants	$	1,525,000	$	1,580,000	9321
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	9322
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	9323
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	9324
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	132,862,715	9325

State Special Revenue Fund Group	9326

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	9327
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	9328
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	9329
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	9330
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	9331
5CM0	767691	Federal Investigative Seizure	$	300,000	$	300,000	9332
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	9333
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	9334
5FL0	769634	Investigations	$	899,300	$	899,300	9335
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	9336
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	9337
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	9338
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	9339
TOTAL SSR State Special Revenue Fund Group			$	14,018,073	$	14,157,224	9340

Liquor Control Fund Group	9341

7043	767321		Liquor Enforcement - Operating		$	11,897,178		$	11,897,178		9342
TOTAL LCF Liquor Control Fund Group					$	11,897,178		$	11,897,178		9343

Agency Fund Group	9344

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		9345
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		9346

Holding Account Redistribution Fund Group	9347

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	9348
R052	762623	Security Deposits	$	350,000	$	350,000	9349
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	9350
TOTAL ALL BUDGET FUND GROUPS			$	655,479,571	$	649,560,464	9351

MOTOR VEHICLE REGISTRATION

9352

The Registrar of Motor Vehicles may deposit revenues to meet	9353
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	9354
4W40) established in section 4501.25 of the Revised Code, obtained	9355
under sections 4503.02 and 4504.02 of the Revised Code, less all	9356
other available cash. Revenue deposited pursuant to this paragraph	9357
shall support, in part, appropriations for operating expenses and	9358
defray the cost of manufacturing and distributing license plates	9359
and license plate stickers and enforcing the law relative to the	9360
operation and registration of motor vehicles. Notwithstanding	9361
section 4501.03 of the Revised Code, the revenues shall be paid	9362
into Fund 4W40 before any revenues obtained pursuant to sections	9363
4503.02 and 4504.02 of the Revised Code are paid into any other	9364
fund. The deposit of revenues to meet the aforementioned cash	9365
needs shall be in approximately equal amounts on a monthly basis	9366
or as otherwise determined by the Director of Budget and	9367
Management pursuant to a plan submitted by the Registrar of Motor	9368
Vehicles.	9369

CAPITAL PROJECTS

9370

The Registrar of Motor Vehicles may transfer cash from the	9371
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	9372
Highway Safety Fund (Fund 7036) to meet its obligations for	9373
capital projects CIR-047, Department of Public Safety Office	9374
Building and CIR-049, Warehouse Facility.	9375

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

9376

The foregoing appropriation item 761401, Lease Rental	9377
Payments, shall be used for payments to the Ohio Building	9378
Authority for the period July 1, 2011, to June 30, 2013, under the	9379
primary leases and agreements for public safety related buildings	9380
financed by obligations issued under Chapter 152. of the Revised	9381
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	9382
Building Authority may, with approval of the Director of Budget	9383
and Management, lease capital facilities to the Department of	9384
Public Safety.	9385

HILLTOP TRANSFER

9386

The Director of Public Safety shall determine, per an	9387
agreement with the Director of Transportation, the share of each	9388
debt service payment made out of appropriation item 761401, Lease	9389
Rental Payments, that relates to the Department of	9390
Transportation's portion of the Hilltop Building Project, and	9391
shall certify to the Director of Budget and Management the amounts	9392
of this share. The Director of Budget and Management shall	9393
transfer the amounts of such shares from the Highway Operating	9394
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	9395

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

9396

On July 1, 2011, or as soon as possible thereafter, the	9397
Director of Budget and Management shall transfer the unexpended	9398
and unencumbered cash balance in the Seat Belt Education Fund	9399
(Fund 8440) to the Trauma and Emergency Medical Services Fund	9400
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	9401
abolished. The Director shall cancel any existing encumbrances	9402
against appropriation item 761613, Seat Belt Education Program,	9403
and reestablish them against appropriation item 765624, Operating	9404
Expense - Trauma and EMS. The reestablished encumbrance amounts	9405
are hereby appropriated.	9406

CASH TRANSFERS BETWEEN FUNDS

9407

Notwithstanding any provision of law to the contrary, the	9408
Director of Budget and Management, upon the written request of the	9409
Director of Public Safety, may approve the transfer of cash	9410
between the following six funds: the Trauma and Emergency Medical	9411
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	9412
the Investigations Fund (Fund 5FL0), the Emergency Management	9413
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	9414
Program Services Fund (Fund 4P60), and the State Bureau of Motor	9415
Vehicles Fund (Fund 4W40).	9416

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

9417

Notwithstanding any provision of law to the contrary, the	9418
Director Budget and Management, upon the written request of the	9419
Director of Public Safety, may approve the transfer of cash from	9420
the Continuing Professional Training Fund (Fund 5Y10), the State	9421
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	9422
and the Highway Safety Salvage and Exchange Highway Patrol Fund	9423
(Fund 8410) to the Security, Investigations, and Policing Fund	9424
(Fund 8400).	9425

CASH TRANSFERS OF SEAT BELT FINE REVENUES

9426

Notwithstanding any provision of law to the contrary, the	9427
Controlling Board, upon request of the Director of Public Safety,	9428
may approve the transfer of cash between the following four funds	9429
that receive fine revenues from enforcement of the mandatory seat	9430
belt law: the Trauma and Emergency Medical Services Fund (Fund	9431
83M0), the Elementary School Program Fund (Fund 83N0), and the	9432
Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	9433

STATE DISASTER RELIEF

9434

The State Disaster Relief Fund (Fund 5330) may accept	9435
transfers of cash and appropriations from Controlling Board	9436
appropriation items for Ohio Emergency Management Agency disaster	9437
response costs and disaster program management costs, and may also	9438
be used for the following purposes:	9439

(A) To accept transfers of cash and appropriations from	9440
Controlling Board appropriation items for Ohio Emergency	9441
Management Agency public assistance and mitigation program match	9442
costs to reimburse eligible local governments and private	9443
nonprofit organizations for costs related to disasters;	9444

(B) To accept and transfer cash to reimburse the costs	9445
associated with Emergency Management Assistance Compact (EMAC)	9446
deployments;	9447

(C) To accept disaster related reimbursement from federal,	9448
state, and local governments. The Director of Budget and	9449
Management may transfer cash from reimbursements received by this	9450
fund to other funds of the state from which transfers were	9451
originally approved by the Controlling Board.	9452

(D) To accept transfers of cash and appropriations from	9453
Controlling Board appropriation items to fund the State Disaster	9454
Relief Program, for disasters that have been declared by the	9455
Governor, and the State Individual Assistance Program for	9456
disasters that have been declared by the Governor and the federal	9457
Small Business Administration. The Ohio Emergency Management	9458
Agency shall publish and make available application packets	9459
outlining procedures for the State Disaster Relief Program and the	9460
State Individual Assistance Program.	9461

JUSTICE ASSISTANCE GRANT FUND

9462

The federal payments made to the state for the Byrne Justice	9463
Assistance Grants Program under Title II of Division A of the	9464
American Recovery and Reinvestment Act of 2009 shall be deposited	9465
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	9466
which is hereby created in the state treasury. All investment	9467
earnings of the fund shall be credited to the fund.	9468

FEDERAL STIMULUS – JUSTICE PROGRAMS

9469

The federal payments made to the state for the Violence	9470
Against Women Formula Grant under Title II of Division A of the	9471
American Recovery and Reinvestment Act of 2009 shall be deposited	9472
to the credit of the Federal Stimulus – Justice Programs Fund	9473
(Fund 3DH0).	9474

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	9475
AGENCY SERVICE AND REIMBURSEMENT FUND	9476

On July 1 of each fiscal year, or as soon as possible	9477
thereafter, the Director of Budget and Management shall transfer	9478
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	9479
the Emergency Management Agency Service and Reimbursement Fund	9480
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	9481
Search and Rescue Unit and other urban search and rescue programs	9482
around the state.	9483

FAMILY VIOLENCE PREVENTION FUND

9484

Notwithstanding any provision of law to the contrary, in each	9485
of fiscal years 2012 and 2013, the first $750,000 received to the	9486
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	9487
appropriated to appropriation item 768689, Family Violence Shelter	9488
Programs, and the next $400,000 received to the credit of Fund	9489
5BK0 in each of those fiscal years shall be appropriated to	9490
appropriation item 768687, Criminal Justice Services - Operating.	9491
Any moneys received to the credit of Fund 5BK0 in excess of the	9492
aforementioned appropriated amounts in each fiscal year shall,	9493
upon the approval of the Controlling Board, be used to provide	9494
grants to family violence shelters in Ohio.	9495

SARA TITLE III HAZMAT PLANNING

9496

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	9497
entitled to receive grant funds from the Emergency Response	9498
Commission to implement the Emergency Management Agency's	9499
responsibilities under Chapter 3750. of the Revised Code.	9500

COLLECTIVE BARGAINING INCREASES

9501

Notwithstanding division (D) of section 127.14 and division	9502
(B) of section 131.35 of the Revised Code, except for the General	9503
Revenue Fund, the Controlling Board may, upon the request of	9504
either the Director of Budget and Management, or the Department of	9505
Public Safety with the approval of the Director of Budget and	9506
Management, increase appropriations for any fund, as necessary for	9507
the Department of Public Safety, to assist in paying the costs of	9508
increases in employee compensation that have occurred pursuant to	9509
collective bargaining agreements under Chapter 4117. of the	9510
Revised Code and, for exempt employees, under section 124.152 of	9511
the Revised Code.	9512

CASH BALANCE FUND REVIEW

9513

Not later than the first day of April in each fiscal year of	9514
the biennium, the Director of Budget and Management shall review	9515
the cash balances for each fund, except the State Highway Safety	9516
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	9517
4W40), in the State Highway Safety Fund Group, and shall recommend	9518
to the Controlling Board an amount to be transferred to the credit	9519
of Fund 7036 or Fund 4W40, as appropriate.	9520

Section 207.10. DEV DEPARTMENT OF DEVELOPMENT

9521

State Special Revenue Fund Group	9522

4W00	195629	Roadwork Development	$	15,199,900	$	15,199,900	9523
TOTAL SSR State Special Revenue							9524
Fund Group			$	15,199,900	$	15,199,900	9525
TOTAL ALL BUDGET FUND GROUPS			$	15,199,900	$	15,199,900	9526

ROADWORK DEVELOPMENT FUND

9527

The Roadwork Development Fund shall be used for road	9528
improvements associated with economic development opportunities	9529
that will retain or attract businesses for Ohio. "Road	9530
improvements" are improvements to public roadway facilities	9531
located on, or serving or capable of serving, a project site.	9532

The Department of Transportation, under the direction of the	9533
Department of Development, shall provide these funds in accordance	9534
with all guidelines and requirements established for Department of	9535
Development appropriation item 195412, Business Development,	9536
including Controlling Board review and approval as well as the	9537
requirements for usage of gas tax revenue prescribed in Section 5a	9538
of Article XII, Ohio Constitution. Should the Department of	9539
Development require the assistance of the Department of	9540
Transportation to bring a project to completion, the Department of	9541
Transportation shall use its authority under Title LV of the	9542
Revised Code to provide such assistance and may enter into	9543
contracts on behalf of the Department of Development. In addition,	9544
these funds may be used in conjunction with appropriation item	9545
195412, Business Development, or any other state funds	9546
appropriated for infrastructure improvements.	9547

The Director of Budget and Management, pursuant to a plan	9548
submitted by the Director of Development or as otherwise	9549
determined by the Director of Budget and Management, shall set a	9550
cash transfer schedule to meet the cash needs of the Department of	9551
Development's Roadwork Development Fund (Fund 4W00), less any	9552
other available cash. The Director shall transfer to the Roadwork	9553
Development Fund from the Highway Operating Fund (Fund 7002),	9554
established in section 5735.291 of the Revised Code, such amounts	9555
at such times as determined by the transfer schedule.	9556

SECURITY DEPOSIT FUND CASH TRANSFER

9557

Notwithstanding any other provision of law to the contrary,	9558
on July 1, 2011, or as soon as possible thereafter, the Director	9559
of Budget and Management shall transfer $32,027.17 in cash from	9560
the Security Deposit Fund (Fund R052) to the Roadwork Development	9561
Fund (Fund 4W00).	9562

Section 209.10. PWC PUBLIC WORKS COMMISSION

9563

Local Transportation Improvements Fund Group	9564

7052	150402	Local Transportation Improvement Program - Operating	$	299,246	$	296,555	9565
7052	150701	Local Transportation Improvement Program	$	56,000,000	$	56,000,000	9566
TOTAL 052 Local Transportation							9567
Improvements Fund Group			$	56,299,246	$	56,296,555	9568

Local Infrastructure Improvements Fund Group	9569

7038	150321	State Capital Improvements Program - Operating Expenses	$	918,000	$	910,000	9570
TOTAL LIF Local Infrastructure							9571
Improvements Fund Group			$	918,000	$	910,000	9572
TOTAL ALL BUDGET FUND GROUPS			$	57,217,246	$	57,206,555	9573

PUBLIC WORKS OPERATING EXPENSES

9574

The forgoing appropriation item 150321, State Capital	9575
Improvements Program-Operating Expenses, shall be used by the Ohio	9576
Public Works Commission to administer the State Capital	9577
Improvement Program under sections 164.01 to 164.16 of the Revised	9578
Code.	9579

DISTRICT ADMINISTRATION COSTS

9580

The Director of the Public Works Commission is authorized to	9581
create a District Administration Costs Program from interest	9582
earnings of the Capital Improvements Fund and Local Transportation	9583
Improvement Program Fund proceeds. The program shall be used to	9584
provide for the direct costs of district administration of the	9585
nineteen public works districts. Districts choosing to participate	9586
in the program shall only expend State Capital Improvements Fund	9587
moneys for State Capital Improvements Fund costs and Local	9588
Transportation Improvement Program Fund moneys for Local	9589
Transportation Improvement Program Fund costs. The account shall	9590
not exceed $1,235,000 per fiscal year. Each public works district	9591
may be eligible for up to $65,000 per fiscal year from its	9592
district allocation as provided in sections 164.08 and 164.14 of	9593
the Revised Code.	9594

The Director, by rule, shall define allowable and	9595
nonallowable costs for the purpose of the District Administration	9596
Costs Program. Nonallowable costs include indirect costs, elected	9597
official salaries and benefits, and project-specific costs. No	9598
district public works committee may participate in the District	9599
Administration Costs Program without the approval of those costs	9600
by the district public works committee under section 164.04 of the	9601
Revised Code.	9602

REAPPROPRIATIONS

9603

All capital appropriations from the Local Transportation	9604
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 2 of the	9605
128th General Assembly remaining unencumbered as of June 30, 2011,	9606
are reappropriated for use during the period July 1, 2011, through	9607
June 30, 2012, for the same purpose.	9608

Notwithstanding division (B) of section 127.14 of the Revised	9609
Code, all capital appropriations and reappropriations from the	9610
Local Transportation Improvement Program Fund (Fund 7052) in this	9611
act remaining unencumbered as of June 30, 2012, are reappropriated	9612
for use during the period July 1, 2012, through June 30, 2013, for	9613
the same purposes, subject to the availability of revenue as	9614
determined by the Director of the Public Works Commission.	9615

Section 209.20. All items in this section are hereby	9616
appropriated as designated out of any moneys in the state treasury	9617
to the credit of the State Capital Improvements Fund (Fund 7038)	9618
that are not otherwise appropriated. The appropriations made in	9619
this section are in addition to any other appropriations made for	9620
the biennium ending June 30, 2012.	9621

Appropriations

PWC PUBLIC WORKS COMMISSION	9622

C15000	Local Public Infrastructure	$	150,000,000	9623
TOTAL Public Works Commission		$	150,000,000	9624
TOTAL State Capital Improvements Fund		$	150,000,000	9625

The foregoing appropriation item C15000, Local Public	9626
Infrastructure, shall be used in accordance with sections 164.01	9627
to 164.12 of the Revised Code. The Director of the Public Works	9628
Commission may certify to the Director of Budget and Management	9629
that a need exists to appropriate investment earnings to be used	9630
in accordance with sections 164.01 to 164.12 of the Revised Code.	9631
If the Director of Budget and Management determines pursuant to	9632
division (D) of section 164.08 and section 164.12 of the Revised	9633
Code that investment earnings are available to support additional	9634
appropriations, such amounts are hereby appropriated.	9635

Section 209.21. The Ohio Public Facilities Commission is	9636
hereby authorized to issue and sell, in accordance with Section 2p	9637
of Article VIII, Ohio Constitution, and pursuant to sections	9638
151.01 and 151.08 of the Revised Code, original obligations of the	9639
state, in an aggregate principal amount not to exceed	9640
$150,000,000, in addition to the original obligations heretofore	9641
authorized by prior acts of the General Assembly. These authorized	9642
obligations shall be issued and sold from time to time, subject to	9643
applicable constitutional and statutory limitations, as needed to	9644
ensure sufficient moneys to the credit of the State Capital	9645
Improvements Fund (Fund 7038) to pay costs of the state in	9646
financing or assisting in the financing of local subdivision	9647
capital improvement projects.	9648

Section 209.30. All items in this section are hereby	9649
appropriated as designated out of any moneys in the state treasury	9650
to the credit of the State Capital Improvements Revolving Loan	9651
Fund (Fund 7040) that are not otherwise appropriated. Revenues to	9652
the State Capital Improvements Revolving Loan Fund shall consist	9653
of all repayments of loans made to local subdivisions for capital	9654
improvements, investment earnings on moneys in the fund, and	9655
moneys obtained from federal or private grants or from other	9656
sources for the purpose of making loans to finance or to assist in	9657
the financing of the cost of capital improvement projects of local	9658
subdivisions. The appropriations made in this section are in	9659
addition to any other appropriations made for the biennium ending	9660
June 30, 2012.	9661

Appropriations

PWC PUBLIC WORKS COMMISSION	9662

C15030	Revolving Loan	$	49,000,000	9663
TOTAL Public Works Commission		$	49,000,000	9664
TOTAL State Capital Improvements Revolving Loan Fund		$	49,000,000	9665

The foregoing appropriation item C15030, Revolving Loan,	9666
shall be used in accordance with sections 164.01 to 164.12 of the	9667
Revised Code.	9668

Section 209.40. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	9669
AND MANAGEMENT	9670

Notwithstanding section 126.14 of the Revised Code, the	9671
appropriations from the State Capital Improvements Fund (Fund	9672
7038) and the State Capital Improvements Revolving Loan Fund (Fund	9673
7040) to the Public Works Commission shall be released upon	9674
presentation of a request to release the funds by the Director of	9675
the Public Works Commission to the Director of Budget and	9676
Management.	9677

Section 209.50. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	9678
REVISED CODE	9679

The capital improvements for which appropriations are made in	9680
this act from the State Capital Improvements Fund (Fund 7038) are	9681
determined to be capital improvements and capital facilities for	9682
local subdivision capital improvement projects and are designated	9683
as capital facilities to which proceeds of obligations issued	9684
under Chapter 151. of the Revised Code are to be applied.	9685

Section 509.10. AUTHORIZATION FOR OHIO BUILDING AUTHORITY AND	9686
OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	9687

The Director of Budget and Management shall initiate and	9688
process payments from lease rental payment appropriation items	9689
during the period from July 1, 2011, to June 30, 2013, pursuant to	9690
the lease agreements for bonds or notes issued under Section 2i of	9691
Article VIII of the Ohio Constitution and Chapter 152. of the	9692
Revised Code. Payments shall be made upon certification by the	9693
Ohio Building Authority of the dates and amounts due on those	9694
dates.	9695

Section 509.20. LEASE AND DEBT SERVICE PAYMENTS TO OBA AND	9696
TREASURER	9697

Certain appropriations are in this act for the purpose of	9698
lease rental and other payments to the Ohio Building Authority or	9699
to the Treasurer of State under leases and agreements relating to	9700
bonds or notes issued by the Ohio Building Authority or the	9701
Treasurer of State under the Ohio Constitution and acts of the	9702
General Assembly. If it is determined that additional	9703
appropriations are necessary for this purpose, such amounts are	9704
hereby appropriated.	9705

Section 509.30. FLEXIBILITY TO PROCESS JULY 1, 2011 PAYCHECK	9706
IN FISCAL YEAR 2011	9707

Notwithstanding section 127.14 of the Revised Code, if the	9708
Director of Budget and Management determines that cash is	9709
available, the Director may authorize additional expenditures as	9710
necessary in fiscal year 2011 from various General Revenue Fund	9711
and non-General Revenue Fund appropriation items in order to pay	9712
agency payroll costs for employees who are paid on a biweekly	9713
current or biweekly delayed pay cycle for the pay period ending	9714
June 18, 2011, which was not included in agencies' appropriations	9715
for fiscal year 2011. The Director of Budget and Management also	9716
may authorize additional expenditures as necessary in fiscal year	9717
2011 from various General Revenue Fund and non-General Revenue	9718
Fund appropriation items in order to pay agency payroll costs for	9719
employees who are not paid on a biweekly current or biweekly	9720
delayed pay cycle for similar pay periods that were not included	9721
in agencies' appropriations for fiscal year 2011. Any expenditures	9722
authorized by the Director of Budget and Management under this	9723
section are hereby appropriated. The Director of Budget and	9724
Management may transfer cash between funds if necessary to make	9725
these expenditures and to reimburse funds from which cash was	9726
transferred for this purpose.	9727

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	9728
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	9729

Upon the request of the Director of Transportation, the	9730
Director of Budget and Management may transfer cash from the	9731
Highway Operating Fund (Fund 7002) to the Highway Capital	9732
Improvement Fund (Fund 7042) created in section 5528.53 of the	9733
Revised Code. The Director of Budget and Management may transfer	9734
from Fund 7042 to Fund 7002 up to the amounts previously	9735
transferred to Fund 7042 under this section.	9736

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

9737

The Director of Budget and Management shall transfer cash in	9738
equal monthly increments totaling $163,918,656 in fiscal year 2012	9739
and in equal monthly increments totaling $170,424,912 in fiscal	9740
year 2013 from the Highway Operating Fund, created in section	9741
5735.291 of the Revised Code, to the Gasoline Excise Tax Fund	9742
created in division (A) of section 5735.27 of the Revised Code.	9743
The monthly amounts transferred under this section shall be	9744
distributed as follows: 42.86 per cent shall be distributed among	9745
the municipal corporations within the state under division (A)(2)	9746
of section 5735.27 of the Revised Code; 37.14 per cent shall be	9747
distributed among the counties within the state under division	9748
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent	9749
shall be distributed among the townships within the state under	9750
division (A)(5)(b) of section 5735.27 of the Revised Code.	9751

Section 512.30. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

9752

On July 1, 2011, and on January 1, 2012, or as soon as	9753
possible thereafter, respectively, the Director of Budget and	9754
Management shall transfer $200,000 in cash, for each period, from	9755
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	9756
General for ODOT Fund (Fund 5FA0).	9757

On July 1, 2012, and on January 1, 2013, or as soon as	9758
possible thereafter, respectively, the Director of Budget and	9759
Management shall transfer $200,000 in cash, for each period, from	9760
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	9761
General for ODOT Fund (Fund 5FA0).	9762

Should additional amounts be necessary, the Inspector	9763
General, with the consent of the Director of Budget and	9764
Management, may seek Controlling Board approval for additional	9765
transfers of cash and to increase the amount appropriated from	9766
appropriation item 965603, Deputy Inspector General for ODOT, in	9767
the amount of the additional transfers.	9768

Section 512.40. CASH TRANSFER TO GRF

9769

On July 1, 2011, or as soon as possible thereafter, the	9770
Director of Budget and Management shall transfer the cash balance	9771
of the Transit Capital Fund (Fund 5E70), as of June 30, 2011, to	9772
the General Revenue Fund.	9773

Section 512.50. Notwithstanding division (A)(3) of section	9774
4501.044 and division (A)(1) of section 4501.045 of the Revised	9775
Code, commencing July 1, 2011, and extending through June 30,	9776
2012, the Director of Public Safety shall deposit the money	9777
otherwise deposited and distributed in accordance with those	9778
divisions into the State Highway Safety Fund created by section	9779
4501.06 of the Revised Code until such time as the deposits equal	9780
a cumulative total of $25,000,000. At that point, the Director	9781
shall cease depositing any such money into the State Highway	9782
Safety Fund and shall deposit and distribute that money as	9783
prescribed in division (A)(3) of section 4501.044 and division	9784
(A)(1) of section 4501.045 of the Revised Code.	9785

Notwithstanding division (A)(3) of section 4501.044 and	9786
division (A)(1) of section 4501.045 of the Revised Code,	9787
commencing July 1, 2012, and extending through June 30, 2013, the	9788
Director of Public Safety shall deposit the money otherwise	9789
deposited and distributed in accordance with those divisions into	9790
the State Highway Safety Fund created by section 4501.06 of the	9791
Revised Code until such time as the deposits equal a cumulative	9792
total of $24,000,000. At that point, the Director shall cease	9793
depositing any such money into the State Highway Safety Fund and	9794
shall deposit and distribute that money as prescribed in division	9795
(A)(3) of section 4501.044 and division (A)(1) of section 4501.045	9796
of the Revised Code.	9797

Section 512.60. TRANSFER OF FUNDS FOR CASINO CONTROL	9798
COMMISSION OPERATIONS	9799

During state fiscal year 2011 and 2012, the Director of	9800
Budget and Management may, in consultation with the Executive	9801
Director of the Casino Control Commission, transfer such funds as	9802
necessary for initial operating expenses and casino investigations	9803
by the Office of Inspector General and the Ohio Ethics Commission	9804
prior to the receipt of other deposits into the fund. The transfer	9805
shall be made from the General Revenue Fund to the Casino Control	9806
Commission Operating Fund (Fund 5HSO). Once funds from upfront	9807
license application fees and gross casino revenue taxes have been	9808
accumulated to sustain operations, the Director of Budget and	9809
Management, in consultation with the Executive Director of the	9810
Casino Control Commission, shall establish a repayment schedule	9811
for transfers to the General Revenue Fund from the Casino Control	9812
Commission Operating Fund (Fund 5HSO).	9813

Section 610.10. That Sections 343.10 and 512.90 of Am. Sub.	9814
H.B. 1 of the 128th General Assembly be amended to read as	9815
follows:	9816

Sec. 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

9817

General Revenue Fund	9818

GRF	725401	Wildlife-GRF Central Support	$	1,950,000	$	2,000,000	9819
GRF	725413	Lease Rental Payments	$	20,760,600	$	21,556,500	9820
GRF	725456	Canal Lands	$	150,000	$	150,000	9821
GRF	725502	Soil and Water Districts	$	6,900,000	$	2,900,000	9822
GRF	725903	Natural Resources General Obligation Debt Service	$	25,438,000	$	26,549,400	9823
GRF	727321	Division of Forestry	$	5,906,376	$	5,420,376	9824
GRF	728321	Division of Geological Survey	$	1,100,000	$	0	9825
GRF	730321	Division of Parks and Recreation	$	31,806,918	$	32,693,791	9826
GRF	733321	Division of Water	$	2,300,000	$	2,546,000	9827
GRF	736321	Division of Engineering	$	2,300,000	$	2,572,000	9828
GRF	737321	Division of Soil and Water Resources	$	2,828,562	$	3,128,562	9829
GRF	738321	Division of Real Estate and Land Management	$	1,475,000	$	1,546,000	9830
GRF	741321	Division of Natural Areas and Preserves	$	1,739,873	$	0	9831
GRF	744321	Division of Mineral Resources Management	$	2,800,000	$	1,000,000	9832
TOTAL GRF General Revenue Fund			$	107,455,329	$	102,062,629	9833

General Services Fund Group	9834

1550	725601	Departmental Projects	$	2,100,000	$	2,100,000	9835
1570	725651	Central Support Indirect	$	6,000,000	$	6,000,000	9836
2040	725687	Information Services	$	4,200,000	$	4,400,448	9837
2070	725690	Real Estate Services	$	130,000	$	132,000	9838
2230	725665	Law Enforcement Administration	$	2,062,410	$	2,062,410	9839
2270	725406	Parks Projects Personnel	$	150,000	$	150,000	9840
4300	725671	Canal Lands	$	916,541	$	922,424	9841
4D50	725618	Recycled Materials	$	50,000	$	50,000	9842
4S90	725622	NatureWorks Personnel	$	412,740	$	412,740	9843
4X80	725662	Water Resources Council	$	138,900	$	138,900	9844
5080	725684	Natural Resources Publications	$	150,000	$	150,000	9845
5100	725631	Maintenance - State-owned Residences	$	258,919	$	258,919	9846
5160	725620	Water Management	$	2,500,000	$	2,500,000	9847
6350	725664	Fountain Square Facilities Management	$	3,500,000	$	3,500,000	9848
6970	725670	Submerged Lands	$	1,072,011	$	772,011	9849
TOTAL GSF General Services							9850
Fund Group			$	23,641,521	$	23,549,852	9851

Federal Special Revenue Fund Group	9852

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	9853
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	9854
3B40	725641	Federal Flood Pass-Thru	$	700,000	$	700,000	9855
3B50	725645	Federal Abandoned Mine Lands	$	14,307,667	$	14,307,667	9856
3B60	725653	Federal Land and Water Conservation Grants	$	2,000,000	$	2,000,000	9857
3B70	725654	Reclamation - Regulatory	$	2,394,565	$	2,388,775	9858
3P00	725630	Natural Areas and Preserves - Federal	$	215,000	$	215,000	9859
3P10	725632	Geological Survey - Federal	$	689,506	$	692,401	9860
3P20	725642	Oil and Gas-Federal	$	231,456	$	234,509	9861
3P30	725650	Coastal Management - Federal	$	1,711,237	$	1,711,237	9862
3P40	725660	Federal - Soil and Water Resources	$	316,734	$	316,734	9863
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	9864
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	9865
TOTAL FED Federal Special Revenue							9866
Fund Group			$	27,299,268	$	27,299,426	9867

State Special Revenue Fund Group	9868

4J20	725628	Injection Well Review	$	68,933	$	68,933	9869
4M70	725686	Wildfire Suppression	$	75,000	$	75,000	9870
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	9871
5090	725602	State Forest	$	7,200,000	$	7,200,000	9872
5110	725646	Ohio Geological Mapping	$	724,310	$	723,515	9873
5120	725605	State Parks Operations	$	31,885,528	$	31,885,528	9874
5140	725606	Lake Erie Shoreline	$	1,074,113	$	974,113	9875
5180	725643	Oil and Gas Permit Fees	$	2,974,378	$	2,974,378	9876
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	9877
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	9878
5220	725656	Natural Areas and Preserves	$	1,400,000	$	1,400,000	9879
5260	725610	Strip Mining Administration Fee	$	3,267,587	$	3,364,361	9880
5270	725637	Surface Mining Administration	$	1,946,591	$	1,946,591	9881
5290	725639	Unreclaimed Land Fund	$	2,021,713	$	2,023,831	9882
5310	725648	Reclamation Forfeiture	$	1,500,000	$	1,500,000	9883
5320	725644	Litter Control and Recycling	$	6,280,681	$	6,280,681	9884
5860	725633	Scrap Tire Program	$	1,000,000	$	1,000,000	9885
5B30	725674	Mining Regulation		28,850		28,850	9886
5BV0	725683	Soil and Water Districts	$	10,875,577	$	18,104,906	9887
5CU0	725647	Mine Safety	$	3,053,843	$	3,199,923	9888
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	9889
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	9890
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	9891
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	9892
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	9893
6150	725661	Dam Safety	$	807,403	$	807,403	9894
TOTAL SSR State Special Revenue							9895
Fund Group			$	77,528,497	$	84,902,003	9896

Clean Ohio Conservation Fund Group	9897

7061	725405		Clean Ohio Operating		$	310,000		$	310,000		9898
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		9899

Wildlife Fund Group	9900

5P20	725634	Wildlife Boater Angler Administration	$	2,000,000	$	2,000,000	9901
7015	740401	Division of Wildlife Conservation	$	58,614,436	$	54,906,000	9902
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	9903
8160	725649	Wetlands Habitat	$	966,885	$	966,885	9904
8170	725655	Wildlife Conservation Checkoff Fund	$	2,800,000	$	2,800,000	9905
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	9906
8190	725685	Ohio River Management	$	128,584	$	128,584	9907
TOTAL WLF Wildlife Fund Group			$	66,130,354	$	62,421,918	9908

Waterways Safety Fund Group	9909

7086	725414	Waterways Improvement	$	4,265,575	$	~~4,265,575~~ 5,015,575	9910
7086	725418	Buoy Placement	$	52,182	$	52,182	9911
7086	725501	Waterway Safety Grants	$	137,867	$	137,867	9912
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	9913
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	9914
7086	739401	Division of Watercraft	$	19,949,181	$	19,949,181	9915
TOTAL WSF Waterways Safety Fund							9916
Group			$	25,347,601	$	~~25,347,601~~ 26,097,601	9917

Accrued Leave Liability Fund Group	9918

4M80	725675	FOP Contract	$	20,844	$	20,844	9919
TOTAL ALF Accrued Leave							9920
Liability Fund Group			$	20,844	$	20,844	9921

Holding Account Redistribution Fund Group	9922

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	9923
R043	725624	Forestry	$	2,000,000	$	2,000,000	9924
TOTAL 090 Holding Account							9925
Redistribution Fund Group			$	2,296,263	$	2,296,263	9926
TOTAL ALL BUDGET FUND GROUPS			$	330,029,677	$	~~328,210,536~~ 328,960,536	9927

Sec. 512.90. CASH TRANSFERS FROM THE TOBACCO USE PREVENTION	9929
AND CONTROL FOUNDATION ENDOWMENT FUND	9930

The Director of Budget and Management may request the	9931
Treasurer of State to transfer $258,622,890 cash from moneys in	9932
the custody of the Treasurer of State that were formerly to the	9933
credit of the Tobacco Use Prevention and Control Foundation	9934
Endowment Fund, to the General Health and Human Service	9935
Pass-Through Fund (Fund 5HC0). If any cash is transferred to the	9936
General Health and Human Service Pass-Through Fund (Fund 5HC0) the	9937
Director of Budget and Management shall transfer the cash as	9938
follows:	9939

(A) Up to $46,000,000 cash in each fiscal year to the Child	9940
and Adult Protective Services Fund (Fund 5GV0), used by the	9941
Department of Job and Family Services, to support child and adult	9942
protective services under Title XX of the "Social Security Act,"	9943
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended, and any	9944
allowable service activity defined in Section 309.45.21 of Am.	9945
Sub. H.B. 1 of the 128th General Assembly. The amount transferred	9946
is hereby appropriated.	9947

(B) Up to $31,808,863 cash in fiscal year 2010 to the Health	9948
Care Services – Other Fund (Fund 5HA0), used by the Department of	9949
Job and Family Services and up to $129,814,027 cash in fiscal year	9950
2011 to Fund 5HA0, to support health care services under the state	9951
Medicaid plan. The amount transferred is hereby appropriated.	9952

(C) Up to $2,500,000 cash in each fiscal year to the Breast	9953
and Cervical Cancer Fund (Fund 5HB0), used by the Department of	9954
Health, to support breast and cervical cancer screenings. The	9955
amount transferred is hereby appropriated.	9956

Section 610.11. That existing Sections 343.10 and 512.90 of	9957
Am. Sub. H.B. 1 of the 128th General Assembly are hereby repealed.	9958

Section 610.20. That Sections 103.90, 105.43.10, 105.45.40,	9959
105.45.70, and 105.49.80 of Sub. H.B. 462 of the 128th General	9960
Assembly be amended to read as follows:	9961

Sec. 103.90. All items set forth in this section are hereby	9962
appropriated out of any moneys in the state treasury to the credit	9963
of the Cultural and Sports Facilities Building Fund (Fund 7030)	9964
that are not otherwise appropriated:	9965

Reappropriations

AFC CULTURAL FACILITIES COMMISSION	9966

C37114	Woodward Opera House Renovation	$	1,200,000	9967
C37116	Center Exhibit Replacement	$	415,000	9968
C37122	Akron Art Museum	$	700,000	9969
C37131	Bramley Historic House	$	75,000	9970
C37133	Delaware County Cultural Arts Center	$	140,000	9971
C37137	West Side Arts Consortium	$	138,000	9972
C37139	Stan Hywet Hall & Gardens	$	1,050,000	9973
C37141	Spring Hill Historic Home	$	125,000	9974
C37142	Midland Theatre	$	300,000	9975
C37143	Lorain Palace Civic Theatre	$	113,550	9976
C37144	Great Lakes Historical Society	$	1,175,000	9977
C37153	Historic Sites and Museums	$	299,725	9978
C37155	Buffington Island State Memorial	$	33,475	9979
C37163	Harding Home State Memorial	$	100,000	9980
C37185	McConnellsville Opera House	$	75,000	9981
C37186	Secrest Auditorium	$	75,000	9982
C37188	Trumpet in the Land	$	150,000	9983
C37189	Mid-Ohio Valley Players	$	80,000	9984
C37190	The Anchorage	$	50,000	9985
C37193	Galion Historic Big Four Depot Restoration	$	200,000	9986
C37196	Hancock Historical Society	$	75,000	9987
C37198	Ft. Piqua Hotel	$	200,000	9988
C371A1	Lima Historic Athletic Field	$	100,000	9989
C371A3	Voice of America Museum	$	500,000	9990
C371A4	Oxford Arts Center ADA Project	$	174,000	9991
C371A5	Clark County Community Arts Expansion Project	$	500,000	9992
C371B9	Ariel Theatre	$	100,000	9993
C371C2	Ensemble Theatre	$	1,200,000	9994
C371C4	Art Academy of Cincinnati	$	600,000	9995
C371C7	Music Hall: Over-The-Rhine	$	2,850,000	9996
C371C9	Malinta Historical Society Caboose Exhibit	$	6,000	9997
C371D1	Art Deco Markay Theatre	$	200,000	9998
C371D4	Broad Street Historical Renovation	$	300,000	9999
C371D5	Amherst Historical Society	$	35,000	10000
C371D7	Ohio Theatre - Toledo	$	100,000	10001
C371E2	Aurora Outdoor Sports Complex	$	50,000	10002
C371E3	Preble County Historical Society	$	350,000	10003
C371E4	Tecumseh Sugarloaf Mountain Amphitheatre	$	120,000	10004
C371F6	Marietta Colony Theatre	$	585,000	10005
C371F8	Beavercreek Community Theater	$	50,000	10006
C371G4	Collections Facility Planning	$	1,240,000	10007
C371H2	National Underground Railroad Freedom Center	$	850,000	10008
C371H8	Columbus Museum of Art	$	2,500,000	10009
C371I3	Horvitz Center for the Arts	$	750,000	10010
C371J5	The Mandel Center	$	250,000	10011
C371J9	Stambaugh Hall Improvements	$	925,000	10012
C371K4	City of Avon Stadium Complex	$	200,000	10013
C371K8	Maumee Valley Historical Society	$	150,000	10014
C371L0	First Lunar Flight Project	$	25,000	10015
C371L5	Moreland Theatre Renovation	$	100,000	10016
C371M1	The Octagon House	$	100,000	10017
C371M2	Vinton County Stage-Pavilion Project	$	100,000	10018
C371M4	Paul Brown Museum	$	75,000	10019
C371N2	Johnny Appleseed Museum	$	50,000	10020
C371N5	Little Brown Jug Facility Improvements	$	50,000	10021
C371N6	Applecreek Historical Society	$	50,000	10022
C371N7	Wyandot Historic Courthouse	$	50,000	10023
C371N9	Bucyrus Historic Depot Renovations	$	30,000	10024
C371O3	Portland Civil War Museum and Historical Displays	$	25,000	10025
C371O4	Morgan County Opera House	$	25,000	10026
C371O5	Crawford Antique Museum	$	9,000	10027
C371O6	Monroe City Historical Society Building Repair	$	5,000	10028
C371O7	Wright Dunbar Historical Facility	$	250,000	10029
C371O8	Nationwide Children's Hospital Livingston Park Cultural Improvements	$	1,000,000	10030
C371P8	AB Graham Center	$	40,000	10031
C371Q2	Ballpark Village Project	$	2,000,000	10032
C371Q5	Cincinnati Zoo	$	1,500,000	10033
C371Q6	Cincinnati Art Museum	$	1,500,000	10034
C371R0	Lincoln Theatre	$	350,000	10035
C371R4	Eagles Palace Theater	$	100,052	10036
C371S0	Towpath Trail	$	500,000	10037
~~C371S1~~	~~Museum of Contemporary Art Cleveland~~	$	~~450,000~~	10038
C371S2	Arts in Stark Cultural Center	$	150,000	10039
C371S5	The Fine Arts Association	$	300,000	10040
C371S9	Portsmouth Mural	$	250,000	10041
C371T2	Bucyrus Little Theater Restoration Project	$	250,000	10042
C371T6	Baltimore Theatre	$	50,000	10043
C371T9	Cozad-Bates House Historic Project	$	100,000	10044
C371U3	Lake Erie Nature & Science Center	$	200,000	10045
~~C371U5~~	~~Cleveland Zoological Society~~	$	~~150,000~~	10046
C371U8	Kidron Historical Society - Sonnenberg Village Project	$	200,000	10047
C371V0	Chesterhill Union Hall Theatre	$	25,000	10048
C371V1	Geauga County Historical Society - Maple Museum	$	20,000	10049
C371V2	Hallsville Historical Society	$	100,000	10050
C371V6	Madeira Historical Society/Miller House	$	60,000	10051
C371W0	Antwerp Railroad Depot Historic Building	$	106,000	10052
C371W1	Village of Edinburg Veterans Memorial	$	35,000	10053
C371W3	North Ridgeville Historic Community Theater	$	175,000	10054
C371W4	Redbrick Center for the Arts	$	200,000	10055
C371W5	Irene Lawrence Fuller Historic House	$	250,000	10056
C371W7	BalletTech	$	200,000	10057
C371W9	Rickenbacker Boyhood Home	$	139,000	10058
C371X0	Rivers Edge Amphitheater Project	$	100,000	10059
C371X1	Variety Theater	$	85,000	10060
C371X3	Salem Community Theater	$	53,000	10061
C371X5	Belle's Opera House Improvements	$	50,000	10062
C371X6	Warren Veterans Memorial	$	50,000	10063
C371X7	Huntington Playhouse	$	40,000	10064
C371X8	Cambridge Performing Arts Center	$	37,500	10065
C371X9	Old Harvey Historic School Restoration	$	25,000	10066
C371Y0	Dalton Community Historical Society	$	10,000	10067
C371Y1	Mohawk Veterans' Memorial	$	15,000	10068
C371Y2	Cleveland Museum of Natural History	$	150,000	10069
C371Y4	New Town Indian Artifact Museum	$	300,000	10070
C371Y6	Historic League Park Restoration	$	150,000	10071
C371Y8	Madisonville Arts Center of Hamilton County	$	36,000	10072
C371Z0	Marietta Citizens Armory Cultural Center	$	200,000	10073
C371Z3	Lorain Lighthouse Restoration	$	190,000	10074
Total Cultural Facilities Commission		$	~~34,290,302~~ 33,690,302	10075
TOTAL Cultural and Sports Facilities Building Fund		$	~~34,290,302~~ 33,690,302	10076

Reappropriations

Sec. 105.43.10. UCN UNIVERSITY OF CINCINNATI

10078

C26500	Basic Renovations	$	8,729,960	10079
C26501	Basic Renovations - Clermont	$	722,495	10080
C26502	Raymond Walters Renovations	$	1,291,364	10081
C26503	Instructional & Data Processing Equipment	$	1,887,563	10082
C26504	Infrastructure Assessment	$	1,639	10083
C26505	Science and Allied Health Building - Walters	$	118,748	10084
C26508	ADA Modifications	$	50,376	10085
C26509	ADA Modifications - Clermont	$	6,039	10086
C26510	Molecular Components/Simulation Network	$	14,154	10087
C26512	Surface Engineering	$	9,104	10088
C26516	Rapid Prototype Process	$	41,626	10089
C26520	Nano Particles	$	1,103	10090
C26521	Transgenic Core Capacity	$	1,633	10091
C26522	Thin Film Analysis	$	82,952	10092
C26523	Electronic Reconstruction	$	1,784	10093
C26525	TC/Dyer Rehabilitation - Phase 1A	$	8,532	10094
C26530	Medical Science Building Rehabilitation	$	14,412,509	10095
C26537	Van Wormer Administrative Building Rehabilitation	$	8,152	10096
C26540	Biomedical Engineering	$	17,145	10097
C26541	Student Services	$	111,750	10098
C26553	Developmental Neurobiology	$	303,750	10099
C26559	Proteomics in the Post Genome Era	$	1,024	10100
C26560	Nanoscale Hybrid Materials	$	1,980	10101
C26567	GRI Building F240 Renovation	$	5,393	10102
C26568	Peters-Jones Building Restroom Upgrade	$	1,943	10103
C26571	Gas Turbine Spray Combustion	$	150,000	10104
C26572	Bridging the Skills Gap	$	6,789	10105
C26586	People Working Cooperatively	$	100,000	10106
C26591	Clermont Snyder Masonry Restoration	$	6,909	10107
C26595	Remediation Technology	$	6,131	10108
C26597	RWC-Flory 100 Level PDI Renovation	$	49,376	10109
C26601	Elevator Modernization - Blegen/Wherry	$	170	10110
C26603	RWC Technology Center	$	1,534,608	10111
C26604	Barrett Cancer Center	$	1,320,403	10112
C26606	Hebrew Union College	$	173,603	10113
C26607	Consolidated Communications Project of Clermont County	$	475,000	10114
C26609	CAS High Voltage	$	25,127	10115
C26610	Zimmer Rehabilitation	$	16,241	10116
C26612	Clermont Renovations	$	751,132	10117
C26613	New Building	$	1,582,233	10118
C26614	Barrett Cancer Center	$	1,500,000	10119
C26615	Beech Acres	$	125,000	10120
C26616	Forest Park Homeland Security Facility	$	50,000	10121
C26617	Health Care Connection - Lincoln Heights	$	150,000	10122
C26618	People Working Cooperatively	$	120,000	10123
C26619	Sharonville Convention Center	$	14,250	10124
C26620	Society for the Prevention of Cruelty to Animals	$	100,000	10125
C26622	Medical Science Building Interim Clinical Pathology	$	128,023	10126
C26623	Medical Science Building East Receiving Elevator	$	199	10127
C26624	Medical Science Building Floors 4, 5, 6, 7 Renovation	$	3,856	10128
C26627	Eden Retaining Wall	$	80,921	10129
C26628	Rieveschl 500 Teaching Lab	$	5,851,949	10130
C26629	Procter Facade Improvements	$	341,340	10131
C26630	W/C Site Lighting	$	48,368	10132
C26631	Clermont Air Handling Unit	$	4,597	10133
C26632	Crosley Facade Renovation	$	3,807	10134
C26633	Clermont Educational Services	$	55	10135
C26634	Kehoe 223-240 Renovation	$	995,458	10136
C26635	Memorial Hall Walkway Renovation	$	5,213	10137
C26638	WC Perimeter Access Control Phase 2	$	64,033	10138
C26640	Crosley/Rieveschl Upgrade Wiring	$	15,377	10139
C26641	Old Chemistry Facade	$	454,259	10140
C26642	Nanoscale Lithography System	$	180,234	10141
C26657	Blue Ash City Conference Center	$	150,000	10142
Total University of Cincinnati		$	~~44,267,379~~ 44,417,379	10143

The amount reappropriated for the foregoing appropriation	10144
item C26500, Basic Renovations, is the unencumbered and unallotted	10145
balance as of June 30, 2010, in appropriation item C26500, Basic	10146
Renovations, plus $7,564.33.	10147

The amount reappropriated for the foregoing appropriation	10148
item C26501, Basic Renovations - Clermont, is the unencumbered and	10149
unallotted balance as of June 30, 2010, in appropriation item	10150
C26501, Basic Renovations - Clermont, plus $476.00.	10151

The amount reappropriated for the foregoing appropriation	10152
item C26628, Rieveschl 500 Teaching Lab, is the unencumbered and	10153
unallotted balance as of June 30, 2010, in appropriation item	10154
C26628, Rieveschl 500 Teaching Lab, plus $80,584.50.	10155

Reappropriations

Sec. 105.45.40. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	10156
COLLEGE	10157

C36100	Interior Renovations	$	2,258	10158
C36101	Basic Renovations	$	2,360,899	10159
C36102	Health Professions Building Planning	$	1,468	10160
C36103	Instructional and Data Processing Equipment	$	240,432	10161
C36107	Classroom Technology Enhancements	$	17,887	10162
C36109	Brick Repair and Weatherproofing	$	3,380	10163
C36114	Lot C Parking Lot	$	250,000	10164
C36115	Ceiling Replacement	$	75,000	10165
C36116	Electrical Surge Protection	$	100,000	10166
C36117	Campus Signage	$	75,000	10167
C36119	Window Replacement	$	10,875	10168
~~C36120~~	~~Blue Ash City Conference Center~~	$	~~150,000~~	10169
C36121	Hebrew Union College Archives	$	185,000	10170
C36122	Mayerson Center	$	700,000	10171
Total Cincinnati State Community College		$	~~4,172,199~~ 4,022,199	10172

Reappropriations

Sec. 105.45.70. CCC CUYAHOGA COMMUNITY COLLEGE

10174

C37800	Basic Renovations	$	4,406,772	10175
C37803	Technology Learning Center - Western	$	43,096	10176
C37807	Cleveland Art Museum - Improvements	$	3,100,000	10177
C37812	Building A Expansion Module - Western	$	124,332	10178
C37816	College-Wide Wayfinding Signage System	$	145,893	10179
C37817	College-Wide Asset Protection & Building	$	631,205	10180
C37818	Healthcare Technology Building - Eastern	$	13,464,866	10181
C37821	Hospitality Management Program	$	2,452,728	10182
C37822	Theater Renovations	$	2,243,769	10183
C37824	Rock and Roll Hall of Fame Archive	$	18,000	10184
C37826	CW Roof Replacement	$	190,735	10185
C37829	College of Podiatric Medicine	$	250,000	10186
C37830	Auto Lab Improvements	$	240	10187
C37831	Visiting Nurse Association	$	150,000	10188
C37832	Western Reserve Hospice Center	$	1,500	10189
C37833	Cleveland Zoological Society	$	150,000	10190
C37834	Museum of Contemporary Art Cleveland	$	450,000	10191
C37835	Western Reserve Historical Society	$	2,800,000	10192
Total Cuyahoga Community College		$	~~27,223,136~~ 30,623,136	10193

On July 1, 2011, or as soon as possible thereafter, the	10194
Director of Budget and Management shall cancel any existing	10195
encumbrances against appropriation item C371A9, Western Reserve	10196
Historical Society, and reestablish them against the foregoing	10197
appropriation item C37835, Western Reserve Historical Society.	10198

Reappropriations

Sec. 105.49.80. STC STARK TECHNICAL COLLEGE

10199

C38900	Basic Renovations	$	100,713	10200
C38913	Business Technologies Building	$	2,034,537	10201
C38914	Corporate and Community Services Facility	$	500,000	10202
C38915	High Pressure Test System	$	2,595,121	10203
Total Stark Technical College		$	5,230,371	10204
TOTAL Higher Education Improvement Fund		$	~~681,859,327~~ 685,259,327	10205

Section 610.21. That existing Sections 103.90, 105.43.10,	10207
105.45.40, 105.45.70, and 105.49.80 of Sub. H.B. 462 of the 128th	10208
General Assembly are hereby repealed.	10209

Section 701.10. The Auditor of State shall conduct a	10210
performance audit of the Department of Transportation. The	10211
Department shall cooperate fully with the Auditor of State in the	10212
conduct of the performance audit.	10213

Section 733.10. ARRA COMPLIANCE FUND TRANSFERS

10214

The State Fiscal Stabilization Fund requirements under the	10215
American Recovery and Reinvestment Act are that the state maintain	10216
support for elementary and secondary education to at least the	10217
level supported for fiscal year 2006, and that state payments	10218
under the primary funding formula to local education agencies for	10219
fiscal year 2010 and fiscal year 2011 be not less than payments	10220
under the primary funding formula for fiscal year 2009. However,	10221
if payments under the primary funding formula for fiscal year 2010	10222
or fiscal year 2011 are lower than payments under the primary	10223
funding formula for fiscal year 2009, the shortfall in state	10224
payments must be filled with federal stabilization funding so that	10225
it is proportional to the corresponding shortfall in state aid to	10226
public institutions of higher education.	10227

If state payments for elementary and secondary education for	10228
fiscal year 2010 or fiscal year 2011 provided under the primary	10229
funding formula used to meet State Fiscal Stabilization Fund	10230
requirements under the American Recovery and Reinvestment Act are	10231
less than required, as described above, on or before June 1, 2011,	10232
or as soon as possible thereafter, the Superintendent of Public	10233
Instruction shall certify to the Director of Budget and Management	10234
the amount by which funding levels are lower than required as the	10235
"ARRA compliance difference." The Superintendent of Public	10236
Instruction, in consultation with the Director of Budget and	10237
Management, shall identify encumbrances that are no longer needed	10238
for fiscal year 2011 and prior years against General Revenue Fund	10239
appropriations in the Department of Education's budget equal to	10240
the ARRA compliance difference for fiscal year 2010 and fiscal	10241
year 2011. The Director of Budget and Management shall transfer	10242
cash in the amount of the identified encumbered balances no longer	10243
needed in appropriation item 200502, Pupil Transportation, and	10244
appropriation item 200550, Foundation Funding, and up to	10245
$20,000,000 for each fiscal year of identified encumbered balances	10246
no longer needed in other General Revenue Fund appropriation items	10247
in the Department of Education's budget, from the General Revenue	10248
Fund to the ARRA Compliance Fund (Fund 5JA0). The amount of	10249
transferred encumbered balances from appropriation items other	10250
than 200502 and 200550 shall not total more than $20,000,000 for	10251
each fiscal year. The Department of Education shall seek	10252
Controlling Board approval if the needed cash transfer into the	10253
ARRA Compliance Fund (Fund 5JA0) exceeds $25,000,000 for each	10254
fiscal year. The transferred cash shall be used by the Department	10255
of Education to provide additional subsidy, on a per pupil basis,	10256
to city, local, and exempted village school districts, community	10257
schools, and STEM schools.	10258

Section 753.10. (A) The Governor is authorized to execute a	10259
deed in the name of the state conveying to the City of Massillon	10260
(hereinafter the "grantee"), its successors and assigns, all of	10261
the right, title, and interest of the state in the following	10262
described real estate:	10263

Situated in the City of Massillon, County of Stark, State of	10264
Ohio and being part of Massillon City Out Lot 538. Also being part	10265
of a 40.00 acre tract conveyed to State of Ohio Youth Commission.	10266

Beginning at a 1/2-inch iron bar with an H&A cap set at the	10267
southeast corner of said Out Lot 538 and the true place of	10268
beginning;	10269

1. Thence N 60°13'44" W along the north line of a tract now	10270
or formerly owned by Massillon Materials, Inc. (O.R. Vol. 1167,	10271
Pg. 223) a distance of 1411.25 feet to a 1/2-inch iron bar with an	10272
H&A cap set;	10273

2. Thence N 39°37'36" E along the east line a tract of land	10274
now or formerly owned by the City of Massillon (21.46 ac.) a	10275
distance of 34.07 feet to a 1/2-inch iron bar with an H&A cap set;	10276

3. Thence N 48°54'16" E continuing along the east line of	10277
said City of Massillon tract (21.46 ac.) a distance of 100.03 feet	10278
to a 1/2-inch iron bar with an H&A cap set;	10279

4. Thence N 56°10'56" E continuing along the east line of	10280
said City of Massillon tract (21.46 ac.) a distance of 101.15 feet	10281
to a 1/2-inch iron bar with an H&A cap set;	10282

5. Thence N 55°38'06" E continuing along the east line of	10283
said City of Massillon tract (21.46 ac.) a distance of 89.92 feet	10284
to a 1/2-inch iron bar with an H&A cap set;	10285

6. Thence N 55°25'36" E continuing along the east line of	10286
said City of Massillon tract (21.46 ac.) a distance of 100.03 feet	10287
to a 1/2-inch iron bar with an H&A cap set;	10288

7. Thence N 54°13'26" E continuing along the east line of	10289
said City of Massillon tract (21.46 ac.) a. distance of 100.00	10290
feet to a 1/2-inch iron bar with an H&A cap set;	10291

8. Thence N 44°40'56" E continuing along the east line of	10292
said City of Massillon tract (21.46 ac.) a distance of 101.37 feet	10293
to a 1/2-inch iron bar with an H&A cap set;	10294

9. Thence S 06°28'18" E along a new division line a distance	10295
of 469.59 feet to a 1/2-inch iron bar with an H&A cap set;	10296

10. Thence S 60°13'44" E continuing along a new division line	10297
a distance of 700.00 feet to a 1/2-inch iron bar with an H&A cap	10298
set;	10299

11. Thence N 74°46'16" E continuing along a new division line	10300
a distance of 282.84 feet to a 1/2-inch iron bar with an H&A cap	10301
set;	10302

12. Thence S 29°46'16" W along the west line of said	10303
Massillon Materials, Inc. tract (O.R. Vol. 1167, Pg. 223) a	10304
distance of 400.00 feet to a 1/2-inch iron bar with an H&A cap set	10305
and the true place of beginning.	10306

The above described tract contains 8.622 acres of which no	10307
acres lie within the public right-of-way as surveyed under the	10308
supervision of Gary L. Toussant, P.S. #6332 of Hammontree and	10309
Associates, Limited, Engineers, Planners and Surveyors of North	10310
Canton, Ohio on November 2, 2006.	10311

The basis of bearings is the Ohio State Plane Coordinate	10312
System, North Zone, NAD83 from the City of Massillon Control	10313
Survey.	10314

In preparing the deed, the Auditor of State, with the	10315
assistance of the Attorney General, may modify the foregoing	10316
description insofar as necessary to bring it into conformity with	10317
the actual bounds of the real estate being described.	10318

(B) Consideration for the conveyance of the real estate is	10319
fifteen thousand dollars, to be paid to the state at closing, as	10320
derived by mutual agreement reached between the state and the	10321
grantee through an executed Offer to Purchase (hereinafter the	10322
"Offer to Purchase").	10323

(C) The grantee, following the conveyance of the real estate,	10324
and in accordance with the terms of the Offer to Purchase, shall	10325
do all of the following:	10326

(1) Construct and maintain, at the grantee's sole expense, a	10327
detention basin on the real estate;	10328

(2) Permit the state to discharge water into the detention	10329
basin; and	10330

(3) Maintain or relocate the state's existing storm sewer	10331
connections.	10332

(D) The real estate shall be sold as an entire tract and not	10333
in parcels.	10334

(E) Upon payment of the purchase price, the Auditor of State,	10335
with the assistance of the Attorney General, shall prepare a deed	10336
to the real estate. The deed shall state the consideration and the	10337
conditions, and shall be executed by the Governor in the name of	10338
the state, countersigned by the Secretary of State, sealed with	10339
the Great Seal of the State, presented in the Office of the	10340
Auditor of State for recording, and delivered to the grantee. The	10341
grantee shall present the deed for recording in the Office of the	10342
Stark County Recorder.	10343

(F) The grantee shall pay the costs of the conveyance of the	10344
real estate, including recordation costs of the deed.	10345

(G) This section expires one year after its effective date.

10346

Section 753.20. (A) The Governor is authorized to execute a	10347
deed in the name of the state conveying to Taylor Chevrolet, Inc.	10348
(hereinafter the "grantee"), its successors and assigns, all of	10349
the state's right, title, and interest in Ohio State Highway	10350
Patrol Post 23, 1125 Ety Road, in the City of Lancaster, County of	10351
Fairfield, State of Ohio, and in the land on which the post is	10352
situated.	10353

(B) In preparing the deed, the Auditor of State, with the	10354
assistance of the Attorney General, shall develop a legal	10355
description of the real estate in conformity with the actual	10356
bounds of the real estate.	10357

(C) Consideration for conveyance of the real estate shall be	10358
agreed upon between the Superintendent of the State Highway Patrol	10359
and the grantee.	10360

(D) The deed may contain any condition or restriction that	10361
the Governor determines is reasonably necessary to protect the	10362
state's interests.	10363

(E) The grantee shall pay all costs associated with the	10364
purchase and conveyance of the real estate, including recordation	10365
costs of the deed.	10366

(F) Upon payment of the purchase price, the Auditor of State,	10367
with the assistance of the Attorney General, shall prepare a deed	10368
to the real estate. The deed shall state the consideration and any	10369
conditions or restrictions and shall be executed by the Governor	10370
in the name of the state, countersigned by the Secretary of State,	10371
sealed with the Great Seal of the State, presented in the Office	10372
of the Auditor of State for recording, and delivered to the	10373
grantee. The grantee shall present the deed for recording in the	10374
Office of the Fairfield County Recorder.	10375

(G) The proceeds of the conveyance of the real estate shall	10376
be deposited into the state treasury to the credit of the State	10377
Highway Safety Fund.	10378

(H) This section expires one year after its effective date.

10379

Section 753.30. (A) The Governor is authorized to execute a	10380
deed in the name of Kent State University conveying to Delta	10381
Upsilon KSU Alumni Chapter, Inc., its successors and assigns all	10382
of the university's right, title, and interest in the following	10383
described real estate:	10384

Known as being part of Franklin Township Lot 14 and further	10385
described as follows: Starting at an angle point in the original	10386
centerline of Summit Street, C.H.148, N. 54 deg. 30' W., 1325.96	10387
feet as measured along said centerline from the southeast corner	10388
of Lot 14; thence N. 49 deg. 29' 20" W., 299.67 feet to a point in	10389
said original centerline and the Grantor's northwest corner;	10390
thence S. 26 deg. 14' 40" W., 190.68 feet along the westerly line	10391
of a private drive to an iron pipe at an angle point and the true	10392
place of beginning; thence S. 7 deg. 24' 10" E., 52.71 feet to an	10393
iron pipe at an angle point in said westerly line; thence S. 19	10394
deg. 48' 50" E., 366.40 feet along said westerly line to an iron	10395
pipe; thence N. 65 deg. 17' 30" W., 293.12 feet to an iron pipe in	10396
the Grantor's west line; thence N. 26 deg. 14' 40" E., 306.00 feet	10397
along said west line to the beginning; and containing 0.981 acres	10398
of land, be the same more or less, but subject to all legal	10399
highways, as surveyed by R.E. Stockman, Reg. Sur. No. 5134.	10400

Subject to an easement 5 feet wide along the easterly line of	10401
the above described parcel for utilities (East Ohio Gas Company),	10402
and an easement 15 feet wide along the westerly line of said	10403
parcel from the south line of said parcel to a point about 60 feet	10404
south of the northwest corner; thence widening easterly by line	10405
placed at right angles to the east line of said parcel to the east	10406
line of said parcel, together with the right to use said private	10407
driveway. As surveyed by Stockman and Associates May 5, 1967. With	10408
a street address of 1061 Fraternity Circle, Kent, Ohio 44240.	10409

Together with all such rights to which the ownership of the	10410
premises are entitled to the use in common with others of all	10411
private streets and roadways for ingress and egress to and from	10412
Summit Street, Kent, or other public street with which said	10413
streets and roadways may now or hereafter connect.	10414

The above premises are to be conveyed subject to all	10415
covenants, restrictions, and conditions in Deed Volume 812, Page	10416
503, Portage County Records of Deeds, to the same extent as if	10417
fully rewritten herein and except as modified in accordance with	10418
the terms thereof.	10419

(B) Consideration for conveyance of the real estate shall be	10420
determined by Kent State University and Delta Upsilon KSU Alumni	10421
Chapter, Inc.	10422

(C) Delta Upsilon KSU Alumni Chapter, Inc., shall pay the	10423
costs of the conveyance.	10424

(D) The Auditor of State, with the assistance of the Attorney	10425
General, shall prepare a deed to the real estate. The deed shall	10426
state the consideration and the conditions. The deed shall be	10427
executed by the Governor in the name of the state, countersigned	10428
by the Secretary of State, sealed with the Great Seal of the	10429
State, presented in the Office of the Auditor of State for	10430
recording, and delivered to Delta Upsilon KSU Alumni Chapter,	10431
Inc., 83 Hawthorne Avenue, Akron, Ohio 44303. Delta Upsilon KSU	10432
Alumni Chapter, Inc., shall present the deed for recording in the	10433
Office of the Portage County Recorder.	10434

(E) This section expires three years after its effective	10435
date.	10436

Section 755.30. Notwithstanding Chapter 5735. of the Revised	10437
Code, the following shall apply for the period of July 1, 2011,	10438
through June 30, 2013:	10439

(A) For the discount under section 5735.06 of the Revised	10440
Code, if the monthly report is timely filed and the tax is timely	10441
paid, one per cent of the total number of gallons of motor fuel	10442
received by the motor fuel dealer within the state during the	10443
preceding calendar month, less the total number of gallons	10444
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	10445
the Revised Code, less one-half of one per cent of the total	10446
number of gallons of motor fuel that were sold to a retail dealer	10447
during the preceding calendar month.	10448

(B) For the semiannual periods ending December 31, 2011, June	10449
30, 2012, December 31, 2012, and June 30, 2013, the refund	10450
provided to retail dealers under section 5735.141 of the Revised	10451
Code shall be one-half of one per cent of the Ohio motor fuel	10452
taxes paid on fuel purchased during those semiannual periods.	10453

Section 755.40. On July 1, 2011, and on the first day of the	10454
month for each month thereafter, the Treasurer of State, before	10455
making any of the distributions specified in sections 5735.23,	10456
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	10457
the first two per cent of the amount of motor fuel tax received	10458
for the preceding calendar month to the credit of the Highway	10459
Operating Fund (Fund 7002).	10460

Upon the written request of the Director of Public Safety,	10461
the Director of Budget and Management may make periodic transfers	10462
of cash totaling $16,200,000 in each fiscal year from the Highway	10463
Operating Fund (Fund 7002) to the State Highway Safety Fund (Fund	10464
7036).	10465

Section 755.50. To the extent permitted by federal law,	10466
federal money received by the state for fiscal stabilization and	10467
recovery purposes shall be used in accordance with the preferences	10468
for products and services made or performed in the United States	10469
and Ohio established in section 125.09 of the Revised Code.	10470

Section 755.60. No state or federal funds may be encumbered,	10471
transferred, or spent pursuant to this or any other appropriations	10472
act for the Cincinnati Streetcar Project.	10473

Section 757.10. The amendment by this act of section 5751.01	10474
of the Revised Code is intended to clarify the law as it existed	10475
prior to the enactment of this act and shall be construed	10476
accordingly. The amendment shall apply to all tax periods	10477
beginning on or after July 1, 2005.	10478

Section 757.20. As used in this section, "qualified property"	10479
means real property that is owned by the state and satisfies the	10480
qualifications for tax exemption under section 5709.08 of the	10481
Revised Code.	10482

Notwithstanding section 5713.081 of the Revised Code, when	10483
qualified property has not received tax exemption due to a failure	10484
to comply with Chapter 5713. or section 5715.27 of the Revised	10485
Code, the owner of the property, at any time on or before twelve	10486
months after the effective date of this section, may file with the	10487
Tax Commissioner an application requesting that the property be	10488
placed on the tax-exempt list and that all unpaid taxes,	10489
penalties, and interest on the property be abated.	10490

The application shall be made on the form prescribed by the	10491
Tax Commissioner under section 5715.27 of the Revised Code and	10492
shall list the name of the county in which the property is	10493
located; the property's legal description; its taxable value; the	10494
amount in dollars of the unpaid taxes, penalties, and interest;	10495
the date of acquisition of title to the property; the use of the	10496
property during any time that the unpaid taxes accrued; and any	10497
other information required by the Tax Commissioner. The county	10498
auditor shall supply the required information upon request of the	10499
applicant.	10500

Upon request of the applicant, the county treasurer shall	10501
determine if all taxes, penalties, and interest that became a lien	10502
on the qualified property before it first was used for an exempt	10503
purpose and all special assessments charged against the property	10504
have been paid in full. If so, the county treasurer shall issue a	10505
certificate to the applicant stating that all such taxes,	10506
penalties, interest, and assessments have been paid in full. Prior	10507
to filing the application with the Tax Commissioner, the applicant	10508
shall attach the county treasurer's certificate to it. The Tax	10509
Commissioner shall not consider an application filed under this	10510
section unless such a certificate is attached to it.	10511

Upon receipt of the application and after consideration of	10512
it, the Tax Commissioner shall determine if the applicant meets	10513
the qualifications set forth in this section, and if so shall	10514
issue an order directing that the property be placed on the	10515
tax-exempt list of the county and that all unpaid taxes,	10516
penalties, and interest for every year the property met the	10517
qualifications for exemption described in section 5709.08 of the	10518
Revised Code be abated. If the Tax Commissioner finds that the	10519
property is not now being so used or is being used for a purpose	10520
that would foreclose its right to tax exemption, the Tax	10521
Commissioner shall issue an order denying the application.	10522

If the Tax Commissioner finds that the property is not	10523
entitled to tax exemption and to the abatement of unpaid taxes,	10524
penalties, and interest for any of the years for which the current	10525
or prior owner claims an exemption or abatement, the Tax	10526
Commissioner shall order the county treasurer of the county in	10527
which the property is located to collect all taxes, penalties, and	10528
interest due on the property for those years in accordance with	10529
law.	10530

The Tax Commissioner may apply this section to any qualified	10531
property that is the subject of an application for exemption	10532
pending before the Tax Commissioner on the effective date of this	10533
section, without requiring the property owner to file an	10534
additional application. The Tax Commissioner also may apply this	10535
section to any qualified property that is the subject of an	10536
application for exemption filed on or after the effective date of	10537
this section and on or before twelve months after that effective	10538
date, even though the application does not expressly request	10539
abatement of unpaid taxes, penalties, and interest.	10540

Section 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	10541
APPROPRIATIONS	10542

Law contained in the main operating appropriations act of the	10543
129th General Assembly that is generally applicable to the	10544
appropriations made in the main operating appropriations act also	10545
is generally applicable to the appropriations made in this act.	10546

Section 801.20. As used in the uncodified law of this act,	10547
"American Recovery and Reinvestment Act of 2009" means the	10548
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	10549
111-5, 123 Stat. 115.	10550

Section 806.10. The items of law contained in this act, and	10551
their applications, are severable. If any item of law contained in	10552
this act, or if any application of any item of law contained in	10553
this act, is held invalid, the invalidity does not affect other	10554
items of law contained in this act and their applications that can	10555
be given effect without the invalid item or application.	10556

Section 812.10. Except as otherwise provided in this act,	10557
the amendment, enactment, or repeal by this act of a section of	10558
law is subject to the referendum under Ohio Constitution, Article	10559
II, Section 1c and therefore takes effect on the ninety-first day	10560
after this act is filed with the Secretary of State or, if a later	10561
effective date is specified below, on that date.	10562

Section 812.20. In this section, an "appropriation" includes	10563
another provision of law in this act that relates to the subject	10564
of the appropriation.	10565

An appropriation of money made in this act is not subject to	10566
the referendum insofar as a contemplated expenditure authorized	10567
thereby is wholly to meet a current expense within the meaning of	10568
Ohio Constitution, Article II, Section 1d and section 1.471 of the	10569
Revised Code. To that extent, the appropriation takes effect	10570
immediately when this act becomes law. Conversely, the	10571
appropriation is subject to the referendum insofar as a	10572
contemplated expenditure authorized thereby is wholly or partly	10573
not to meet a current expense within the meaning of Ohio	10574
Constitution, Article II, Section 1d and section 1.471 of the	10575
Revised Code. To that extent, the appropriation takes effect on	10576
the ninety-first day after this act is filed with the Secretary of	10577
State.	10578

Section 812.30. Section 733.10 of this act is exempt from the	10579
referendum under Ohio Constitution, Article II, Section 1d and	10580
section 1.471 of the Revised Code and therefore takes effect	10581
immediately when this act becomes law.	10582

Section 815.10. Section 4511.191 of the Revised Code is	10583
presented in this act as a composite of the section as amended by	10584
both Am. Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General	10585
Assembly. The General Assembly, applying the principle stated in	10586
division (B) of section 1.52 of the Revised Code that amendments	10587
are to be harmonized if reasonably capable of simultaneous	10588
operation, finds that the composite is the resulting version of	10589
the section in effect prior to the effective date of the section	10590
as presented in this act.	10591