As Reported by the House Finance and Appropriations Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 114

Representative McGregor 

Cosponsors: Representatives Amstutz, Carey 

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A BILL

To amend sections 122.075, 125.11, 127.12, 164.04,

1

164.08, 4163.07, 4301.62, 4501.02, 4501.06,

2

4501.21, 4501.81, 4503.03, 4503.031, 4503.04,

3

4503.521, 4503.62, 4503.94, 4505.06, 4505.09,

4

4506.08, 4507.05, 4507.23, 4510.43, 4511.108,

5

4511.53, 4511.69, 4513.24, 4517.01, 4517.02,

6

4517.33, 4582.12, 4582.31, 4905.802, 5501.51,

7

5501.55, 5502.011, 5525.15, 5577.042, and 5751.01,

8

to amend, for the purpose of adopting a new

9

section number as shown in parentheses, section

10

4905.802 (4905.801), to enact sections 4503.037,

11

4517.16, 4517.17, 4517.171, 4517.18, and 4749.031,

12

to repeal sections 4501.14 and 4905.801 of the

13

Revised Code, and to amend Section 512.90 of Am.

14

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

15

appropriations for programs related to

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transportation and public safety for the biennium

17

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

18

and to provide authorization and conditions for

19

the operation of those programs.

20

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

Section 101.01. That sections 122.075, 125.11, 127.12,	21
164.04, 164.08, 4163.07, 4301.62, 4501.02, 4501.06, 4501.21,	22
4501.81, 4503.03, 4503.031, 4503.04, 4503.521, 4503.62, 4503.94,	23
4505.06, 4505.09, 4506.08, 4507.05, 4507.23, 4510.43, 4511.108,	24
4511.53, 4511.69, 4513.24, 4517.01, 4517.02, 4517.33, 4582.12,	25
4582.31, 4905.802, 5501.51, 5501.55, 5502.011, 5525.15, 5577.042,	26
and 5751.01 be amended, section 4905.802 (4905.801) be amended for	27
the purpose of adopting a new section number as shown in	28
parentheses, and sections 4503.037, 4517.16, 4517.17, 4517.171,	29
4517.18, and 4749.031 of the Revised Code be enacted to read as	30
follows:	31

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

32

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

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

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

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

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

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

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

50

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

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

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

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

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

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

(a) Publicly accessible refueling facilities;

78

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 4163.07.  (A)(1) Prior to transporting any high-level	595
radioactive waste, spent nuclear fuel, transuranic waste, or any	596
quantity of special nuclear material or by-product material that	597
meets or exceeds the highway route controlled quantity, within,	598
into, or through the state, the carrier or shipper of the material	599
shall notify the executive director of the emergency management	600
agency established under section 5502.22 of the Revised Code of	601
the shipment. The notice shall be in writing and be sent by	602
certified mail and shall include the name of the shipper; the name	603
of the carrier; the type and quantity of the material; the	604
transportation mode of the shipment; the proposed date and time of	605
shipment of the material within, into, or through the state; and	606
the starting point, termination or exit point, scheduled route,	607
and each alternate route, if any, of the shipment. In order to	608
constitute effective notification under division (A)(1) of this	609
section, notification shall be received by the executive director	610
at least four days prior to shipment within, into, or through the	611
state.	612

(2) The carrier or shipper of any shipment subject to	613
division (A)(1) of this section shall immediately notify the	614
executive director of any change in the date and time of the	615
shipment or in the route of the shipment within, into, or through	616
the state.	617

(B) Upon receipt of a notice of any shipment of material that	618
is subject to division (A)(1) of this section within, into, or	619
through the state, the executive director of the emergency	620
management agency shall immediately notify the director of public	621
safety, the director of environmental protection, the director of	622
health, the chairperson of the public utilities commission, and	623
the county emergency management agency and sheriff of each county	624
along the proposed route, or any alternate route, of the shipment.	625

(C) The executive director of the emergency management agency	626
shall not disclose to any person other than those persons	627
enumerated in division (B) of this section any information	628
pertaining to any shipment of special nuclear material or	629
by-product material prior to the time that the shipment is	630
completed.	631

(D) This section does not apply to radioactive materials,	632
other than by-products, shipped by or for the United States	633
department of defense and United States department of energy for	634
military or national defense purposes. Nothing in this section	635
requires the disclosure of any defense information or restricted	636
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919,	637
42 U.S.C. 2011, as amended.	638

(E) No person shall transport or cause to be transported	639
within, into, or through the state any material that is subject to	640
division (A)(1) of this section without first providing the notice	641
required in that division.	642

(F) Whoever violates division (E) of this section, in	643
addition to any penalty imposed under section 4163.99 of the	644
Revised Code, is liable for a civil penalty in an amount not to	645
exceed ten times the amount of the fee due under section 4905.801	646
of the Revised Code. Thethe following, as applicable:	647

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

648

(2) Forty-five thousand dollars for the first cask designated	649
for transport by rail and thirty thousand dollars for each	650
additional cask designated for transport by rail that is shipped	651
by the same person or entity in the same shipment.	652

The attorney general, upon the request of the executive	653
director of the emergency management agency, shall bring a civil	654
action to collect the penalty. Fines collected pursuant to this	655
section shall be deposited into the state treasury to the credit	656
of the radioactive waste transportation fund created in section	657
4905.8024905.801 of the Revised Code.	658

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

659

(1) "Chauffeured limousine" means a vehicle registered under	660
section 4503.24 of the Revised Code.	661

(2) "Street," "highway," and "motor vehicle" have the same	662
meanings as in section 4511.01 of the Revised Code.	663

(B) No person shall have in the person's possession an opened	664
container of beer or intoxicating liquor in any of the following	665
circumstances:	666

(1) In a state liquor store;

667

(2) Except as provided in division (C) of this section, on	668
the premises of the holder of any permit issued by the division of	669
liquor control;	670

(3) In any other public place;

671

(4) Except as provided in division (D) or (E) of this	672
section, while operating or being a passenger in or on a motor	673
vehicle on any street, highway, or other public or private	674
property open to the public for purposes of vehicular travel or	675
parking;	676

(5) Except as provided in division (D) or (E) of this	677
section, while being in or on a stationary motor vehicle on any	678
street, highway, or other public or private property open to the	679
public for purposes of vehicular travel or parking.	680

(C)(1) A person may have in the person's possession an opened	681
container of any of the following:	682

(a) Beer or intoxicating liquor that has been lawfully	683
purchased for consumption on the premises where bought from the	684
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	685
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	686
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	687
F-8 permit;	688

(b) Beer, wine, or mixed beverages served for consumption on	689
the premises by the holder of an F-3 permit or wine served for	690
consumption on the premises by the holder of an F-4 or F-6 permit;	691

(c) Beer or intoxicating liquor consumed on the premises of a	692
convention facility as provided in section 4303.201 of the Revised	693
Code;	694

(d) Beer or intoxicating liquor to be consumed during	695
tastings and samplings approved by rule of the liquor control	696
commission.	697

(2) A person may have in the person's possession on an F	698
liquor permit premises an opened container of beer or intoxicating	699
liquor that was not purchased from the holder of the F permit if	700
the premises for which the F permit is issued is a music festival	701
and the holder of the F permit grants permission for that	702
possession on the premises during the period for which the F	703
permit is issued. As used in this division, "music festival" means	704
a series of outdoor live musical performances, extending for a	705
period of at least three consecutive days and located on an area	706
of land of at least forty acres.	707

(3)(a) A person may have in the person's possession on a D-2	708
liquor permit premises an opened or unopened container of wine	709
that was not purchased from the holder of the D-2 permit if the	710
premises for which the D-2 permit is issued is an outdoor	711
performing arts center, the person is attending an orchestral	712
performance, and the holder of the D-2 permit grants permission	713
for the possession and consumption of wine in certain	714
predesignated areas of the premises during the period for which	715
the D-2 permit is issued.	716

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

717

(i) "Orchestral performance" means a concert comprised of a	718
group of not fewer than forty musicians playing various musical	719
instruments.	720

(ii) "Outdoor performing arts center" means an outdoor	721
performing arts center that is located on not less than eightone	722
hundred fifty acres of land and that is open for performances from	723
the first day of April to the last day of October of each year.	724

(4) A person may have in the person's possession an opened or	725
unopened container of beer or intoxicating liquor at an outdoor	726
location at which the person is attending an orchestral	727
performance as defined in division (C)(3)(b)(i) of this section if	728
the person with supervision and control over the performance	729
grants permission for the possession and consumption of beer or	730
intoxicating liquor in certain predesignated areas of that outdoor	731
location.	732

(D) This section does not apply to a person who pays all or a	733
portion of the fee imposed for the use of a chauffeured limousine	734
pursuant to a prearranged contract, or the guest of the person,	735
when all of the following apply:	736

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

737

(2) The person or guest is located in the limousine, but is	738
not occupying a seat in the front compartment of the limousine	739
where the operator of the limousine is located.	740

(3) The limousine is located on any street, highway, or other	741
public or private property open to the public for purposes of	742
vehicular travel or parking.	743

(E) An opened bottle of wine that was purchased from the	744
holder of a permit that authorizes the sale of wine for	745
consumption on the premises where sold is not an opened container	746
for the purposes of this section if both of the following apply:	747

(1) The opened bottle of wine is securely resealed by the	748
permit holder or an employee of the permit holder before the	749
bottle is removed from the premises. The bottle shall be secured	750
in such a manner that it is visibly apparent if the bottle has	751
been subsequently opened or tampered with.	752

(2) The opened bottle of wine that is resealed in accordance	753
with division (E)(1) of this section is stored in the trunk of a	754
motor vehicle or, if the motor vehicle does not have a trunk,	755
behind the last upright seat or in an area not normally occupied	756
by the driver or passengers and not easily accessible by the	757
driver.	758

Sec. 4501.02.  (A) There is hereby created in the department	759
of public safety a bureau of motor vehicles, which shall be	760
administered by a registrar of motor vehicles. The registrar shall	761
be appointed by the director of public safety and shall serve at	762
the director's pleasure.	763

The registrar shall administer the laws of the state relative	764
to the registration of and certificates of title for motor	765
vehicles, and the licensing of motor vehicle dealers, motor	766
vehicle leasing dealers, distributors, and salespersons, and of	767
motor vehicle salvage dealers, salvage motor vehicle auctions, and	768
salvage motor vehicle pools. The registrar also shall, in	769
accordance with section 4503.61 of the Revised Code, take those	770
steps necessary to enter this state into membership in the	771
international registration plan and carry out the registrar's	772
other duties under that section. The registrar, with the approval	773
of the director of public safety, may do all of the following:	774

(1) Adopt such forms and rules as are necessary to carry out	775
all laws the registrar is required to administer;	776

(2) Appoint such number of assistants, deputies, clerks,	777
stenographers, and other employees as are necessary to carry out	778
such laws;	779

(3) Acquire or lease such facilities as are necessary to	780
carry out the duties of the registrar's office;	781

(4) Apply for, allocate, disburse, and account for grants	782
made available under federal law or from other federal, state, or	783
private sources;	784

(5) Establish accounts in a bank or depository and deposit	785
any funds collected by the registrar in those accounts to the	786
credit of "state of Ohio, bureau of motor vehicles." Within three	787
days after the deposit of funds in such an account, the registrar	788
shall draw on that account in favor of the treasurer of state. The	789
registrar may reserve funds against the draw to the treasurer of	790
state to the extent reasonably necessary to ensure that the	791
deposited items are not dishonored. The registrar may pay any	792
service charge usually collected by the bank or depository.	793

The registrar shall give a bond for the faithful performance	794
of the registrar's duties in such amount and with such security as	795
the director approves. When in the opinion of the director it is	796
advisable, any deputy or other employee may be required to give	797
bond in such amount and with such security as the director	798
approves. In the discretion of the director, the bonds authorized	799
to be taken on deputies or other employees may be individual,	800
schedule, or blanket bonds.	801

The director of public safety may investigate the activities	802
of the bureau and have access to its records at any time, and the	803
registrar shall make a report to the director at any time upon	804
request.	805

All laws relating to the licensing of motor vehicle dealers,	806
motor vehicle leasing dealers, distributors, and salespersons, and	807
of motor vehicle salvage dealers, salvage motor vehicle auctions,	808
and salvage motor vehicle pools, designating and granting power to	809
the registrar shall be liberally construed to the end that the	810
practice or commission of fraud in the business of selling motor	811
vehicles and of disposing of salvage motor vehicles may be	812
prohibited and prevented.	813

(B) There is hereby created in the department of public	814
safety a division of emergency medical services, which shall be	815
administered by an executive director of emergency medical	816
services appointed under section 4765.03 of the Revised Code.	817

Sec. 4501.06.  The taxes, fees, and fines levied, charged, or	818
referred to in division (O) of section 4503.04, division (E) of	819
section 4503.042, division (B) of section 4503.07, division (C)(1)	820
of section 4503.10, division (D) of section 4503.182, division (A)	821
of section 4503.19, division (D)(2) of section 4507.24, division	822
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	823
4505.111, 4506.08, 4506.09, 4507.23, 4508.05, 4923.12, and 5502.12	824
of the Revised Code, and the taxes charged in section 4503.65 that	825
are distributed in accordance with division (A)(2) of section	826
4501.044 of the Revised Code unless otherwise designated by law,	827
shall be deposited in the state treasury to the credit of the	828
state highway safety fund, which is hereby created, and shall,	829
after receipt of certifications from the commissioners of the	830
sinking fund certifying, as required by sections 5528.15 and	831
5528.35 of the Revised Code, that there are sufficient moneys to	832
the credit of the highway improvement bond retirement fund created	833
by section 5528.12 of the Revised Code to meet in full all	834
payments of interest, principal, and charges for the retirement of	835
bonds and other obligations issued pursuant to Section 2g of	836
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	837
of the Revised Code due and payable during the current calendar	838
year, and that there are sufficient moneys to the credit of the	839
highway obligations bond retirement fund created by section	840
5528.32 of the Revised Code to meet in full all payments of	841
interest, principal, and charges for the retirement of highway	842
obligations issued pursuant to Section 2i of Article VIII, Ohio	843
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	844
due and payable during the current calendar year, be used for the	845
purpose of enforcing and paying the expenses of administering the	846
law relative to the registration and operation of motor vehicles	847
on the public roads or highways. Amounts credited to the fund may	848
also be used to pay the expenses of administering and enforcing	849
the laws under which such fees were collected. All investment	850
earnings of the state highway safety fund shall be credited to the	851
fund.	852

Sec. 4501.21.  (A) There is hereby created in the state	853
treasury the license plate contribution fund. The fund shall	854
consist of all contributions paid by motor vehicle registrants and	855
collected by the registrar of motor vehicles pursuant to sections	856
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	857
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	858
4503.523, 4503.531, 4503.545, 4503.55, 4503.551, 4503.552,	859
4503.553, 4503.561, 4503.562, 4503.591, 4503.67, 4503.68, 4503.69,	860
4503.71, 4503.711, 4503.712, 4503.72, 4503.73, 4503.74, 4503.75,	861
4503.85, 4503.89, and 4503.92, and 4503.94 of the Revised Code.	862

(B) The registrar shall pay the contributions the registrar	863
collects in the fund as follows:	864

The registrar shall pay the contributions received pursuant	865
to section 4503.491 of the Revised Code to the breast cancer fund	866
of Ohio, which shall use that money only to pay for programs that	867
provide assistance and education to Ohio breast cancer patients	868
and that improve access for such patients to quality health care	869
and clinical trials and shall not use any of the money for	870
abortion information, counseling, services, or other	871
abortion-related activities.	872

The registrar shall pay the contributions received pursuant	873
to section 4503.493 of the Revised Code to the autism society of	874
Ohio, which shall use the contributions for programs and autism	875
awareness efforts throughout the state.	876

The registrar shall pay the contributions the registrar	877
receives pursuant to section 4503.494 of the Revised Code to the	878
national multiple sclerosis society for distribution in equal	879
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	880
chapters of the national multiple sclerosis society. These	881
chapters shall use the money they receive under this section to	882
assist in paying the expenses they incur in providing services	883
directly to their clients.	884

The registrar shall pay the contributions the registrar	885
receives pursuant to section 4503.496 of the Revised Code to the	886
Ohio sickle cell and health association, which shall use the	887
contributions to help support educational, clinical, and social	888
support services for adults who have sickle cell disease.	889

The registrar shall pay the contributions the registrar	890
receives pursuant to section 4503.498 of the Revised Code to	891
special olympics Ohio, inc., which shall use the contributions for	892
its programs, charitable efforts, and other activities.	893

The registrar shall pay the contributions the registrar	894
receives pursuant to section 4503.499 of the Revised Code to the	895
children's glioma cancer foundation, which shall use the	896
contributions for its research and other programs.	897

The registrar shall pay the contributions the registrar	898
receives pursuant to section 4503.50 of the Revised Code to the	899
future farmers of America foundation, which shall deposit the	900
contributions into its general account to be used for educational	901
and scholarship purposes of the future farmers of America	902
foundation.	903

The registrar shall pay the contributions the registrar	904
receives pursuant to section 4503.501 of the Revised Code to the	905
4-H youth development program of the Ohio state university	906
extension program, which shall use those contributions to pay the	907
expenses it incurs in conducting its educational activities.	908

The registrar shall pay the contributions received pursuant	909
to section 4503.502 of the Revised Code to the Ohio cattlemen's	910
foundation, which shall use those contributions for scholarships	911
and other educational activities.	912

The registrar shall pay the contributions received pursuant	913
to section 4503.505 of the Revised Code to the organization Ohio	914
region phi theta kappa, which shall use those contributions for	915
scholarships for students who are members of that organization.	916

The registrar shall pay each contribution the registrar	917
receives pursuant to section 4503.51 of the Revised Code to the	918
university or college whose name or marking or design appears on	919
collegiate license plates that are issued to a person under that	920
section. A university or college that receives contributions from	921
the fund shall deposit the contributions into its general	922
scholarship fund.	923

The registrar shall pay the contributions the registrar	924
receives pursuant to section 4503.522 of the Revised Code to the	925
"friends of Perry's victory and international peace memorial,	926
incorporated," a nonprofit corporation organized under the laws of	927
this state, to assist that organization in paying the expenses it	928
incurs in sponsoring or holding charitable, educational, and	929
cultural events at the monument.	930

The registrar shall pay the contributions the registrar	931
receives pursuant to section 4503.523 of the Revised Code to the	932
fairport lights foundation, which shall use the money to pay for	933
the restoration, maintenance, and preservation of the lighthouses	934
of fairport harbor.	935

The registrar shall pay the contributions the registrar	936
receives pursuant to section 4503.531 of the Revised Code to the	937
thank you foundation, incorporated, a nonprofit corporation	938
organized under the laws of this state, to assist that	939
organization in paying for the charitable activities and programs	940
it sponsors in support of United States military personnel,	941
veterans, and their families.	942

The registrar shall pay the contributions the registrar	943
receives pursuant to section 4503.55 of the Revised Code to the	944
pro football hall of fame, which shall deposit the contributions	945
into a special bank account that it establishes and which shall be	946
separate and distinct from any other account the pro football hall	947
of fame maintains, to be used exclusively for the purpose of	948
promoting the pro football hall of fame as a travel destination.	949

The registrar shall pay the contributions that are paid to	950
the registrar pursuant to section 4503.545 of the Revised Code to	951
the national rifle association foundation, which shall use the	952
money to pay the costs of the educational activities and programs	953
the foundation holds or sponsors in this state.	954

The registrar shall pay to the Ohio pet fund the	955
contributions the registrar receives pursuant to section 4503.551	956
of the Revised Code and any other money from any other source,	957
including donations, gifts, and grants, that is designated by the	958
source to be paid to the Ohio pet fund. The Ohio pet fund shall	959
use the moneys it receives under this section to support programs	960
for the sterilization of dogs and cats and for educational	961
programs concerning the proper veterinary care of those animals,	962
and for expenses of the Ohio pet fund that are reasonably	963
necessary for it to obtain and maintain its tax-exempt status and	964
to perform its duties.	965

The registrar shall pay the contributions the registrar	966
receives pursuant to section 4503.552 of the Revised Code to the	967
rock and roll hall of fame and museum, incorporated.	968

The registrar shall pay the contributions the registrar	969
receives pursuant to section 4503.553 of the Revised Code to the	970
Ohio coalition for animals, incorporated, a nonprofit corporation.	971
Except as provided in division (B) of this section, the coalition	972
shall distribute the money to its members, and the members shall	973
use the money only to pay for educational, charitable, and other	974
programs of each coalition member that provide care for unwanted,	975
abused, and neglected horses. The Ohio coalition for animals may	976
use a portion of the money to pay for reasonable marketing costs	977
incurred in the design and promotion of the license plate and for	978
administrative costs incurred in the disbursement and management	979
of funds received under this section.	980

The registrar shall pay the contributions the registrar	981
receives pursuant to section 4503.561 of the Revised Code to the	982
state of Ohio chapter of ducks unlimited, inc., which shall	983
deposit the contributions into a special bank account that it	984
establishes. The special bank account shall be separate and	985
distinct from any other account the state of Ohio chapter of ducks	986
unlimited, inc., maintains and shall be used exclusively for the	987
purpose of protecting, enhancing, restoring, and managing wetlands	988
and conserving wildlife habitat. The state of Ohio chapter of	989
ducks unlimited, inc., annually shall notify the registrar in	990
writing of the name, address, and account to which such payments	991
are to be made.	992

The registrar shall pay the contributions the registrar	993
receives pursuant to section 4503.562 of the Revised Code to the	994
Mahoning river consortium, which shall use the money to pay the	995
expenses it incurs in restoring and maintaining the Mahoning river	996
watershed.	997

The registrar shall pay to a sports commission created	998
pursuant to section 4503.591 of the Revised Code each contribution	999
the registrar receives under that section that an applicant pays	1000
to obtain license plates that bear the logo of a professional	1001
sports team located in the county of that sports commission and	1002
that is participating in the license plate program pursuant to	1003
division (E) of that section, irrespective of the county of	1004
residence of an applicant.	1005

The registrar shall pay to a community charity each	1006
contribution the registrar receives under section 4503.591 of the	1007
Revised Code that an applicant pays to obtain license plates that	1008
bear the logo of a professional sports team that is participating	1009
in the license plate program pursuant to division (G) of that	1010
section.	1011

The registrar shall pay the contributions the registrar	1012
receives pursuant to section 4503.67 of the Revised Code to the	1013
Dan Beard council of the boy scouts of America. The council shall	1014
distribute all contributions in an equitable manner throughout the	1015
state to regional councils of the boy scouts.	1016

The registrar shall pay the contributions the registrar	1017
receives pursuant to section 4503.68 of the Revised Code to the	1018
great river council of the girl scouts of the United States of	1019
America. The council shall distribute all contributions in an	1020
equitable manner throughout the state to regional councils of the	1021
girl scouts.	1022

The registrar shall pay the contributions the registrar	1023
receives pursuant to section 4503.69 of the Revised Code to the	1024
Dan Beard council of the boy scouts of America. The council shall	1025
distribute all contributions in an equitable manner throughout the	1026
state to regional councils of the boy scouts.	1027

The registrar shall pay the contributions the registrar	1028
receives pursuant to section 4503.71 of the Revised Code to the	1029
fraternal order of police of Ohio, incorporated, which shall	1030
deposit the fees into its general account to be used for purposes	1031
of the fraternal order of police of Ohio, incorporated.	1032

The registrar shall pay the contributions the registrar	1033
receives pursuant to section 4503.711 of the Revised Code to the	1034
fraternal order of police of Ohio, incorporated, which shall	1035
deposit the contributions into an account that it creates to be	1036
used for the purpose of advancing and protecting the law	1037
enforcement profession, promoting improved law enforcement	1038
methods, and teaching respect for law and order.	1039

The registrar shall pay the contributions received pursuant	1040
to section 4503.712 of the Revised Code to Ohio concerns of police	1041
survivors, which shall use those contributions to provide whatever	1042
assistance may be appropriate to the families of Ohio law	1043
enforcement officers who are killed in the line of duty.	1044

The registrar shall pay the contributions the registrar	1045
receives pursuant to section 4503.72 of the Revised Code to the	1046
organization known on March 31, 2003, as the Ohio CASA/GAL	1047
association, a private, nonprofit corporation organized under	1048
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	1049
shall use these contributions to pay the expenses it incurs in	1050
administering a program to secure the proper representation in the	1051
courts of this state of abused, neglected, and dependent children,	1052
and for the training and supervision of persons participating in	1053
that program.	1054

The registrar shall pay the contributions the registrar	1055
receives pursuant to section 4503.73 of the Revised Code to Wright	1056
B. Flyer, incorporated, which shall deposit the contributions into	1057
its general account to be used for purposes of Wright B. Flyer,	1058
incorporated.	1059

The registrar shall pay the contributions the registrar	1060
receives pursuant to section 4503.74 of the Revised Code to the	1061
Columbus zoological park association, which shall disburse the	1062
moneys to Ohio's major metropolitan zoos, as defined in section	1063
4503.74 of the Revised Code, in accordance with a written	1064
agreement entered into by the major metropolitan zoos.	1065

The registrar shall pay the contributions the registrar	1066
receives pursuant to section 4503.75 of the Revised Code to the	1067
rotary foundation, located on March 31, 2003, in Evanston,	1068
Illinois, to be placed in a fund known as the permanent fund and	1069
used to endow educational and humanitarian programs of the rotary	1070
foundation.	1071

The registrar shall pay the contributions the registrar	1072
receives pursuant to section 4503.85 of the Revised Code to the	1073
Ohio sea grant college program to be used for Lake Erie area	1074
research projects.	1075

The registrar shall pay the contributions the registrar	1076
receives pursuant to section 4503.89 of the Revised Code to the	1077
American red cross of greater Columbus on behalf of the Ohio	1078
chapters of the American red cross, which shall use the	1079
contributions for disaster readiness, preparedness, and response	1080
programs on a statewide basis.	1081

The registrar shall pay the contributions received pursuant	1082
to section 4503.92 of the Revised Code to support our troops,	1083
incorporated, a national nonprofit corporation, which shall use	1084
those contributions in accordance with its articles of	1085
incorporation and for the benefit of servicemembers of the armed	1086
forces of the United States and their families when they are in	1087
financial need.	1088

The registrar shall pay the contributions the registrar	1089
receives pursuant to section 4503.94 of the Revised Code to the	1090
Michelle's leading star foundation, which shall use the money	1091
solely to fund the rental, lease, or purchase of the simulated	1092
driving curriculum of the Michelle's leading star foundation by	1093
boards of education of city, exempted village, local, and joint	1094
vocational school districts.	1095

(C) All investment earnings of the license plate contribution	1096
fund shall be credited to the fund. Not later than the first day	1097
of May of every year, the registrar shall distribute to each	1098
entity described in division (B) of this section the investment	1099
income the fund earned the previous calendar year. The amount of	1100
such a distribution paid to an entity shall be proportionate to	1101
the amount of money the entity received from the fund during the	1102
previous calendar year.	1103

Sec. 4501.81. (A) The bureau of motor vehicles shall	1104
establish a database of the next of kin of persons who are issued	1105
and driver's licenses, commercial driver's licenses, temporary	1106
instruction permits, motorcycle operator's licenses and	1107
endorsements, and identification cards. Information in the	1108
database shall be accessible only to employees of the bureau and	1109
to criminal justice agencies and is not a public record for	1110
purposes of section 149.43 of the Revised Code.	1111

(B) AnWhen an individual holding a valid Ohiosubmits an	1112
application to the registrar of motor vehicles or a deputy	1113
registrar for a driver's license, commercial driver's license,	1114
temporary instruction permit, motorcycle operator's license or	1115
endorsement, or identification card, or renewal of any of them,	1116
the individual shall be afforded the opportunity tofurnished with	1117
a next of kin information form on which the individual may list	1118
the name, address, telephone number, and relationship to the	1119
individual of at least one contact person whom the individual	1120
wishes to be contacted if the individual is involved in a motor	1121
vehicle accident or emergency situation and the individual dies or	1122
is seriously injured or rendered unconscious and is unable to	1123
communicate with the contact person. The contact person may or may	1124
not be the next of kin of the applicant, except that if the	1125
applicant is under eighteen years of age and is not emancipated,	1126
the contact person shall include the parent, guardian, or	1127
custodian of the applicant.	1128

The form described in this division shall inform the	1129
individual that, after completing the form, the individual may	1130
return the form to the registrar or any deputy registrar, each of	1131
whom shall accept the form from the individual without payment of	1132
any fee. The form also shall contain the mailing address of the	1133
bureau, to which the individual may mail the completed form, and	1134
also instructions whereby the individual may furnish the	1135
information described in this division to the registrar through	1136
use of the internet.	1137

(C) The bureau, in accordance with Chapter 119. of the	1138
Revised Code, shall adopt rules to implement this section. The	1139
rules shall address bothall of the following:	1140

(1) The methods whereby a person who has submitted the name	1141
of a contact person for inclusion in the database may make changes	1142
to that entry;	1143

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

1144

(3) Any other aspect of the database or its operation that	1145
the registrar of motor vehicles determines is necessary in order	1146
to implement this section.	1147

(D) In the event of a motor vehicle accident or emergency	1148
situation in which a person dies or is seriously injured or	1149
rendered unconscious and is unable to communicate with the contact	1150
person specified in the database, an employee of a criminal	1151
justice agency shall make a good faith effort to notify the	1152
contact person of the situation, but neither the bureau of motor	1153
vehicles nor the employee nor the criminal justice agency that	1154
employs that employee incurs any liability if the employee is not	1155
able to make contact with the contact person.	1156

Sec. 4503.03.  (A)(1)(a) The registrar of motor vehicles may	1157
designate the county auditor in each county a deputy registrar. If	1158
the population of a county is forty thousand or less according to	1159
the last federal census and if the county auditor is designated by	1160
the registrar as a deputy registrar, no other person need be	1161
designated in the county to act as a deputy registrar.	1162

(b) The registrar may designate a clerk of a court of common	1163
pleas as a deputy registrar if the population of the county is	1164
forty thousand or less according to the last federal census. In a	1165
county with a population greater than forty thousand according to	1166
the last federal census, the clerk of a court of common pleas is	1167
eligible to act as a deputy registrar and may participate in the	1168
competitive selection process for the award of a deputy registrar	1169
contract by applying in the same manner as any other person. All	1170
fees collected and retained by a clerk for conducting deputy	1171
registrar services shall be paid into the county treasury to the	1172
credit of the certificate of title administration fund created	1173
under section 325.33 of the Revised Code.	1174

(c) In all other instances, the registrar shall contract with	1175
one or more other persons in each county to act as deputy	1176
registrars.	1177

(2) Deputy registrars shall accept applications for the	1178
annual license tax for any vehicle not taxed under section 4503.63	1179
of the Revised Code and shall assign distinctive numbers in the	1180
same manner as the registrar. Such deputies shall be located in	1181
such locations in the county as the registrar sees fit. There	1182
shall be at least one deputy registrar in each county.	1183

Deputy registrar contracts are subject to the provisions of	1184
division (B) of section 125.081 of the Revised Code.	1185

(B) The registrar shall not contract with any person to act	1186
as a deputy registrar if the person or, where applicable, the	1187
person's spouse or a member of the person's immediate family has	1188
made, within the current calendar year or any one of the previous	1189
three calendar years, one or more contributions totaling in excess	1190
of one hundred dollars to any person or entity included in	1191
division (A)(2) of section 4503.033 of the Revised Code. As used	1192
in this division, "immediate family" has the same meaning as in	1193
division (D) of section 102.01 of the Revised Code, and "entity"	1194
includes any political party and any "continuing association" as	1195
defined in division (B)(4) of section 3517.01 of the Revised Code	1196
or "political action committee" as defined in division (B)(8) of	1197
that section that is primarily associated with that political	1198
party. For purposes of this division, contributions to any	1199
continuing association or any political action committee that is	1200
primarily associated with a political party shall be aggregated	1201
with contributions to that political party.	1202

The contribution limitations contained in this division do	1203
not apply to any county auditor or clerk of a court of common	1204
pleas.	1205

The registrar shall not contract with either of the following	1206
to act as a deputy registrar:	1207

(1) Any elected public official other than a county auditor	1208
or, as authorized by division (A)(1)(b) of this section, a clerk	1209
of a court of common pleas, acting in an official capacity;	1210

(2) Any person holding a current, valid contract to conduct	1211
motor vehicle inspections under section 3704.14 of the Revised	1212
Code.	1213

(C)(1) Except as provided in division (C)(2) of this section,	1214
deputy registrars are independent contractors and neither they nor	1215
their employees are employees of this state, except that nothing	1216
in this section shall affect the status of county auditors or	1217
clerks of courts of common pleas as public officials, nor the	1218
status of their employees as employees of any of the counties of	1219
this state, which are political subdivisions of this state. Each	1220
deputy registrar shall be responsible for the payment of all	1221
unemployment compensation premiums, all workers' compensation	1222
premiums, social security contributions, and any and all taxes for	1223
which the deputy registrar is legally responsible. Each deputy	1224
registrar shall comply with all applicable federal, state, and	1225
local laws requiring the withholding of income taxes or other	1226
taxes from the compensation of the deputy registrar's employees.	1227
Each deputy registrar shall maintain during the entire term of the	1228
deputy registrar's contract a policy of business liability	1229
insurance satisfactory to the registrar and shall hold the	1230
department of public safety, the director of public safety, the	1231
bureau of motor vehicles, and the registrar harmless upon any and	1232
all claims for damages arising out of the operation of the deputy	1233
registrar agency.	1234

(2) For purposes of Chapter 4141. of the Revised Code,	1235
determinations concerning the employment of deputy registrars and	1236
their employees shall be made under Chapter 4141. of the Revised	1237
Code.	1238

(D)(1) With the approval of the director, the registrar shall	1239
adopt rules governing the terms of the contract between the	1240
registrar and each deputy registrar and specifications for the	1241
services to be performed. The rules shall include specifications	1242
relating to the amount of bond to be given as provided in this	1243
section; the size and location of the deputy's office; and the	1244
leasing of equipment necessary to conduct the vision screenings	1245
required under section 4507.12 of the Revised Code and training in	1246
the use of the equipment. The specifications shall permit and	1247
encourage every deputy registrar to inform the public of the	1248
location of the deputy registrar's office and hours of operation	1249
by means of public service announcements and allow any deputy	1250
registrar to advertise in regard to the operation of the deputy	1251
registrar's office. The rules also shall include specifications	1252
for the hours the deputy's office is to be open to the public and	1253
shall require as a minimum that one deputy's office in each county	1254
be open to the public for at least four hours each weekend,	1255
provided that if only one deputy's office is located within the	1256
boundary of the county seat, that office is the office that shall	1257
be open for the four-hour period each weekend, and that every	1258
deputy's office in each county shall be open to the public until	1259
six-thirty p.m. on at least one weeknight each week. The rules	1260
also shall include specifications providing that every deputy in	1261
each county, upon request, provide any person with information	1262
about the location and office hours of all deputy registrars in	1263
the county and that every deputy prominently display within the	1264
deputy's office, the toll-free telephone number of the bureau. The	1265
rules shall not prohibit the award of a deputy registrar contract	1266
to a nonprofit corporation formed under the laws of this state.	1267
The rules shall prohibit any deputy registrar from operating more	1268
than one such office at any time, except that the rules may permit	1269
a nonprofit corporation formed for the purposes of providing	1270
automobile-related services to its members or the public and that	1271
provides such services from more than one location in this state	1272
to operate a deputy registrar office at any such location,	1273
provided that the nonprofit corporation operates no more than one	1274
deputy registrar office in any one county. The rules may include	1275
such other specifications as the registrar and director consider	1276
necessary to provide a high level of service.	1277

(2) With the prior approval of the registrar, each deputy	1278
registrar may conduct at the location of the deputy registrar's	1279
office any business that is consistent with the functions of a	1280
deputy registrar and that is not specifically mandated or	1281
authorized by this or another chapter of the Revised Code or by	1282
implementing rules of the registrar.	1283

(3) As used in this section and in section 4507.01 of the	1284
Revised Code, "nonprofit corporation" has the same meaning as in	1285
section 1702.01 of the Revised Code.	1286

(E) Unless otherwise terminated and except for interim	1287
contracts of less than one year, contracts with deputy registrars	1288
shall be for a term of at least two years, but no more than three	1289
years, and all contracts effective on or after July 1, 1996, shall	1290
be for a term of more than two years, but not more than three	1291
years. All contracts with deputy registrars shall expire on the	1292
last Saturday of June in the year of their expiration. The auditor	1293
of state may examine the accounts, reports, systems, and other	1294
data of each deputy registrar at least every two years. The	1295
registrar, with the approval of the director, shall immediately	1296
remove a deputy who violates any provision of the Revised Code	1297
related to the duties as a deputy, any rule adopted by the	1298
registrar, or a term of the deputy's contract with the registrar.	1299
The registrar also may remove a deputy who, in the opinion of the	1300
registrar, has engaged in any conduct that is either unbecoming to	1301
one representing this state or is inconsistent with the efficient	1302
operation of the deputy's office.	1303

If the registrar, with the approval of the director,	1304
determines that there is good cause to believe that a deputy	1305
registrar or a person proposing for a deputy registrar contract	1306
has engaged in any conduct that would require the denial or	1307
termination of the deputy registrar contract, the registrar may	1308
require the production of books, records, and papers as the	1309
registrar determines are necessary, and may take the depositions	1310
of witnesses residing within or outside the state in the same	1311
manner as is prescribed by law for the taking of depositions in	1312
civil actions in the court of common pleas, and for that purpose	1313
the registrar may issue a subpoena for any witness or a subpoena	1314
duces tecum to compel the production of any books, records, or	1315
papers, directed to the sheriff of the county where the witness	1316
resides or is found. Such a subpoena shall be served and returned	1317
in the same manner as a subpoena in a criminal case is served and	1318
returned. The fees of the sheriff shall be the same as that	1319
allowed in the court of common pleas in criminal cases. Witnesses	1320
shall be paid the fees and mileage provided for under section	1321
119.094 of the Revised Code. The fees and mileage shall be paid	1322
from the fund in the state treasury for the use of the agency in	1323
the same manner as other expenses of the agency are paid.	1324

In any case of disobedience or neglect of any subpoena served	1325
on any person or the refusal of any witness to testify to any	1326
matter regarding which the witness lawfully may be interrogated,	1327
the court of common pleas of any county where the disobedience,	1328
neglect, or refusal occurs or any judge of that court, on	1329
application by the registrar, shall compel obedience by attachment	1330
proceedings for contempt, as in the case of disobedience of the	1331
requirements of a subpoena issued from that court, or a refusal to	1332
testify in that court.	1333

Nothing in this division shall be construed to require a	1334
hearing of any nature prior to the termination of any deputy	1335
registrar contract by the registrar, with the approval of the	1336
director, for cause.	1337

(F) Except as provided in section 2743.03 of the Revised	1338
Code, no court, other than the court of common pleas of Franklin	1339
county, has jurisdiction of any action against the department of	1340
public safety, the director, the bureau, or the registrar to	1341
restrain the exercise of any power or authority, or to entertain	1342
any action for declaratory judgment, in the selection and	1343
appointment of, or contracting with, deputy registrars. Neither	1344
the department, the director, the bureau, nor the registrar is	1345
liable in any action at law for damages sustained by any person	1346
because of any acts of the department, the director, the bureau,	1347
or the registrar, or of any employee of the department or bureau,	1348
in the performance of official duties in the selection and	1349
appointment of, and contracting with, deputy registrars.	1350

(G) The registrar shall assign to each deputy registrar a	1351
series of numbers sufficient to supply the demand at all times in	1352
the area the deputy registrar serves, and the registrar shall keep	1353
a record in the registrar's office of the numbers within the	1354
series assigned. Each deputy shall be required to give bond in the	1355
amount of at least twenty-five thousand dollars, or in such higher	1356
amount as the registrar determines necessary, based on a uniform	1357
schedule of bond amounts established by the registrar and	1358
determined by the volume of registrations handled by the deputy.	1359
The form of the bond shall be prescribed by the registrar. The	1360
bonds required of deputy registrars, in the discretion of the	1361
registrar, may be individual or schedule bonds or may be included	1362
in any blanket bond coverage carried by the department.	1363

(H) Each deputy registrar shall keep a file of each	1364
application received by the deputy and shall register that motor	1365
vehicle with the name and address of its owner.	1366

(I) Upon request, a deputy registrar shall make the physical	1367
inspection of a motor vehicle and issue the physical inspection	1368
certificate required in section 4505.061 of the Revised Code.	1369

(J) Each deputy registrar shall file a report semi-annually	1370
with the registrar of motor vehicles listing the number of	1371
applicants for licenses the deputy has served, the number of voter	1372
registration applications the deputy has completed and transmitted	1373
to the board of elections, and the number of voter registration	1374
applications declined.	1375

Sec. 4503.031.  (A)(1) If the registrar determines that space	1376
is available at a deputy registrar's office, the clerk of the	1377
court of common pleas in the county where the deputy is located	1378
shall be given the opportunity to use the space for the purpose of	1379
carrying out histhe clerk's duties related to the titling of	1380
motor vehicles. Each clerk of the court of common pleas using	1381
space in a deputy registrar's office shall remit to the deputy a	1382
rental fee equal to the percentage of space occupied by the clerk	1383
in the deputy's office multiplied by the rental fee or mortgage	1384
cost paid for the entire deputy registrar's office plus a pro rata	1385
share of all utility costs.	1386

(2) If the clerk of the court of common pleas determines that	1387
space is available at any location at which the clerk has an	1388
office, the clerk shall inform the registrar of that fact and	1389
shall provide the registrar with all pertinent information about	1390
the available space. After giving due consideration to the	1391
locations of deputy registrar offices existing in the county in	1392
which the clerk of the court of common pleas is located, the	1393
registrar shall inform the appropriate deputy registrars, if any,	1394
of the available space of the clerk of the court of common pleas.	1395
Each such deputy registrar shall be given the opportunity to use	1396
the space for the purpose of carrying out the deputy registrar's	1397
duties. Each deputy registrar using space in the office of the	1398
clerk of a court of common pleas shall remit to the clerk a rental	1399
fee equal to the percentage of space occupied by the deputy	1400
registrar in the clerk's office multiplied by the rental fee or	1401
mortgage cost, if any, paid for the entire clerk's office plus a	1402
pro rata share of all utility costs.	1403

If no current deputy registrar elects to utilize the	1404
available space of the clerk of the court of common pleas, the	1405
registrar shall inform all persons who express an interest to the	1406
registrar in becoming a deputy registrar in that county of the	1407
available space of the clerk if the space in fact continues to be	1408
available.	1409

(3) A clerk of the court of common pleas and a deputy	1410
registrar may elect to occupy a location at which neither the	1411
clerk nor the deputy currently is an occupant. Any such	1412
arrangement is subject to the approval of the registrar, who shall	1413
give due consideration to all issues and aspects of the proposed	1414
arrangement, including security at the location and service to the	1415
public.	1416

(B) The registrar and the superintendent of the state highway	1417
patrol shall cooperate to the fullest extent possible in locating	1418
a driver's license examination station at or near a deputy	1419
registrar's office. For each driver's license examination station	1420
located at a deputy registrar's office, the superintendent of the	1421
state highway patrol shall remit to the deputy a rental fee equal	1422
to the percentage of space occupied for the driver's license	1423
examination station multiplied by the rental fee or mortgage cost	1424
paid for the entire deputy registrar's office plus a pro rata	1425
share of all utility costs.	1426

(C) During the regular business hours of deputy registrars,	1427
the registrar shall keep the central office open and sufficiently	1428
staffed to be able to respond to the technical needs of the	1429
deputies.	1430

(D) The registrar shall adopt rules to promote public	1431
information regarding motor vehicle registration. The rules shall	1432
include:	1433

(1) The operation by the registrar, during the regular	1434
business hours of deputy registrars, of a toll-free telephone	1435
number to give information and receive complaints;	1436

(2) The listing by the registrar, of each deputy registrar,	1437
together with the toll-free telephone number required under	1438
division (D)(1) of this section, in the local business and	1439
advertising telephone directory for the area served by the deputy,	1440
under the heading of the bureau of motor vehicles.	1441

Sec. 4503.037.  (A) To promote the efficient use of	1442
governmental resources, including staff and facilities, and to	1443
improve service to the public, a county auditor who is designated	1444
to act as a deputy registrar and the clerk of the court of common	1445
pleas from the same county, subject to approval by the board of	1446
county commissioners and by the registrar of motor vehicles, may	1447
enter into a memorandum of understanding to allocate motor	1448
vehicle-related duties between the auditor and clerk. The board of	1449
county commissioners shall act by resolution in approving or	1450
rejecting a memorandum. The registrar shall approve or reject a	1451
memorandum in writing.	1452

(B) A memorandum of understanding may allocate the	1453
performance of motor vehicle-related duties only to the extent	1454
that the auditor acting as a deputy registrar or the clerk	1455
otherwise is authorized by law to perform such duties, and except	1456
as provided in this section, the performance of motor	1457
vehicle-related duties under a memorandum of understanding shall	1458
be in accordance with all applicable laws.	1459

A memorandum may allocate motor vehicle-related duties	1460
without regard to whether the duty is allocated by law to a deputy	1461
registrar or a clerk, and the performance of motor-vehicle related	1462
duties by either an auditor or clerk under this section is deemed	1463
sufficient to satisfy laws specifying that a deputy registrar or	1464
clerk perform the duty. A memorandum may allocate any fees that	1465
are retained by a deputy registrar or clerk by law.	1466

(C) For purposes of this section, "motor vehicle-related	1467
duties" means all deputy registrar duties and certificate of title	1468
duties under Chapters 1548., 4505., and 4519. of the Revised Code.	1469

Sec. 4503.04.  Except as provided in sections 4503.042 and	1470
4503.65 of the Revised Code for the registration of commercial	1471
cars, trailers, semitrailers, and certain buses, the rates of the	1472
taxes imposed by section 4503.02 of the Revised Code shall be as	1473
follows:	1474

(A) For motor vehicles having three wheels or less, the	1475
license tax is:	1476

(1) For each motorized bicycle, ten dollars;

1477

(2) For each motorcycle, fourteen dollars.

1478

(B) For each passenger car, twenty dollars;

1479

(C) For each manufactured home, each mobile home, and each	1480
travel trailer, ten dollars;	1481

(D) For each noncommercial motor vehicle designed by the	1482
manufacturer to carry a load of no more than three-quarters of one	1483
ton and for each motor home, thirty-five dollars; for each	1484
noncommercial motor vehicle designed by the manufacturer to carry	1485
a load of more than three-quarters of one ton, but not more than	1486
one ton, seventy dollars;	1487

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

1488

(1) Eighty-five cents for each one hundred pounds or part	1489
thereof for the first two thousand pounds or part thereof of	1490
weight of vehicle fully equipped;	1491

(2) One dollar and forty cents for each one hundred pounds or	1492
part thereof in excess of two thousand pounds up to and including	1493
three thousand pounds.	1494

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

1495

(1) Vehicle equipped, owned, and used by a charitable or	1496
nonprofit corporation exclusively for the purpose of administering	1497
chest x-rays or receiving blood donations;	1498

(2) Van used principally for the transportation of	1499
handicapped persons that has been modified by being equipped with	1500
adaptive equipment to facilitate the movement of such persons into	1501
and out of the van;	1502

(3) Bus used principally for the transportation of	1503
handicapped persons or persons sixty-five years of age or older;.	1504

(G) Notwithstanding its weight, twenty dollars for any bus	1505
used principally for the transportation of persons in a	1506
ridesharing arrangement.	1507

(H) For each transit bus having motor power the license tax	1508
is twelve dollars.	1509

"Transit bus" means either a motor vehicle having a seating	1510
capacity of more than seven persons which is operated and used by	1511
any person in the rendition of a public mass transportation	1512
service primarily in a municipal corporation or municipal	1513
corporations and provided at least seventy-five per cent of the	1514
annual mileage of such service and use is within such municipal	1515
corporation or municipal corporations or a motor vehicle having a	1516
seating capacity of more than seven persons which is operated	1517
solely for the transportation of persons associated with a	1518
charitable or nonprofit corporation, but does not mean any motor	1519
vehicle having a seating capacity of more than seven persons when	1520
such vehicle is used in a ridesharing capacity or any bus	1521
described by division (F)(3) of this section.	1522

The application for registration of such transit bus shall be	1523
accompanied by an affidavit prescribed by the registrar of motor	1524
vehicles and signed by the person or an agent of the firm or	1525
corporation operating such bus stating that the bus has a seating	1526
capacity of more than seven persons, and that it is either to be	1527
operated and used in the rendition of a public mass transportation	1528
service and that at least seventy-five per cent of the annual	1529
mileage of such operation and use shall be within one or more	1530
municipal corporations or that it is to be operated solely for the	1531
transportation of persons associated with a charitable or	1532
nonprofit corporation.	1533

The form of the license plate, and the manner of its	1534
attachment to the vehicle, shall be prescribed by the registrar of	1535
motor vehicles.	1536

(I) The minimum tax for any vehicle having motor power other	1537
than a farm truck, a motorized bicycle, or motorcycle is ten	1538
dollars and eighty cents, and for each noncommercial trailer, five	1539
dollars.	1540

(J)(1) Except as otherwise provided in division (J) of this	1541
section, for each farm truck, except a noncommercial motor	1542
vehicle, that is owned, controlled, or operated by one or more	1543
farmers exclusively in farm use as defined in this section, and	1544
not for commercial purposes, and provided that at least	1545
seventy-five per cent of such farm use is by or for the one or	1546
more owners, controllers, or operators of the farm in the	1547
operation of which a farm truck is used, the license tax is five	1548
dollars plus:	1549

(a) Fifty cents per one hundred pounds or part thereof for	1550
the first three thousand pounds;	1551

(b) Seventy cents per one hundred pounds or part thereof in	1552
excess of three thousand pounds up to and including four thousand	1553
pounds;	1554

(c) Ninety cents per one hundred pounds or part thereof in	1555
excess of four thousand pounds up to and including six thousand	1556
pounds;	1557

(d) Two dollars for each one hundred pounds or part thereof	1558
in excess of six thousand pounds up to and including ten thousand	1559
pounds;	1560

(e) Two dollars and twenty-five cents for each one hundred	1561
pounds or part thereof in excess of ten thousand pounds;	1562

(f) The minimum license tax for any farm truck shall be	1563
twelve dollars.	1564

(2) The owner of a farm truck may register the truck for a	1565
period of one-half year by paying one-half the registration tax	1566
imposed on the truck under this chapter and one-half the amount of	1567
any tax imposed on the truck under Chapter 4504. of the Revised	1568
Code.	1569

(3) A farm bus may be registered for a period of ninety days	1570
from the date of issue of the license plates for the bus, for a	1571
fee of ten dollars, provided such license plates shall not be	1572
issued for more than any two ninety-day periods in any calendar	1573
year. Such use does not include the operation of trucks by	1574
commercial processors of agricultural products.	1575

(4) License plates for farm trucks and for farm buses shall	1576
have some distinguishing marks, letters, colors, or other	1577
characteristics to be determined by the director of public safety.	1578

(5) Every person registering a farm truck or bus under this	1579
section shall furnish an affidavit certifying that the truck or	1580
bus licensed to that person is to be so used as to meet the	1581
requirements necessary for the farm truck or farm bus	1582
classification.	1583

Any farmer may use a truck owned by the farmer for commercial	1584
purposes by paying the difference between the commercial truck	1585
registration fee and the farm truck registration fee for the	1586
remaining part of the registration period for which the truck is	1587
registered. Such remainder shall be calculated from the beginning	1588
of the semiannual period in which application for such commercial	1589
license is made.	1590

Taxes at the rates provided in this section are in lieu of	1591
all taxes on or with respect to the ownership of such motor	1592
vehicles, except as provided in section 4503.042 and section	1593
4503.06 of the Revised Code.	1594

(K) Other than trucks registered under the international	1595
registration plan in another jurisdiction and for which this state	1596
has received an apportioned registration fee, the license tax for	1597
each truck which is owned, controlled, or operated by a	1598
nonresident, and licensed in another state, and which is used	1599
exclusively for the transportation of nonprocessed agricultural	1600
products intrastate, from the place of production to the place of	1601
processing, is twenty-four dollars.	1602

"Truck," as used in this division, means any pickup truck,	1603
straight truck, semitrailer, or trailer other than a travel	1604
trailer. Nonprocessed agricultural products, as used in this	1605
division, does not include livestock or grain.	1606

A license issued under this division shall be issued for a	1607
period of one hundred thirty days in the same manner in which all	1608
other licenses are issued under this section, provided that no	1609
truck shall be so licensed for more than one	1610
one-hundred-thirty-day period during any calendar year.	1611

The license issued pursuant to this division shall consist of	1612
a windshield decal to be designed by the director of public	1613
safety.	1614

Every person registering a truck under this division shall	1615
furnish an affidavit certifying that the truck licensed to the	1616
person is to be used exclusively for the purposes specified in	1617
this division.	1618

(L) Every person registering a motor vehicle as a	1619
noncommercial motor vehicle as defined in section 4501.01 of the	1620
Revised Code, or registering a trailer as a noncommercial trailer	1621
as defined in that section, shall furnish an affidavit certifying	1622
that the motor vehicle or trailer so licensed to the person is to	1623
be so used as to meet the requirements necessary for the	1624
noncommercial vehicle classification.	1625

(M) Every person registering a van or bus as provided in	1626
divisions (F)(2) and (3) of this section shall furnish a notarized	1627
statement certifying that the van or bus licensed to the person is	1628
to be used for the purposes specified in those divisions. The form	1629
of the license plate issued for such motor vehicles shall be	1630
prescribed by the registrar.	1631

(N) Every person registering as a passenger car a motor	1632
vehicle designed and used for carrying more than nine but not more	1633
than fifteen passengers, and every person registering a bus as	1634
provided in division (G) of this section, shall furnish an	1635
affidavit certifying that the vehicle so licensed to the person is	1636
to be used in a ridesharing arrangement and that the person will	1637
have in effect whenever the vehicle is used in a ridesharing	1638
arrangement a policy of liability insurance with respect to the	1639
motor vehicle in amounts and coverages no less than those required	1640
by section 4509.79 of the Revised Code. The form of the license	1641
plate issued for such a motor vehicle shall be prescribed by the	1642
registrar.	1643

(O)(1) Commencing on October 1, 2009, if an application for	1644
registration renewal is not applied for prior to the expiration	1645
date of the registration or within seven days after that date, the	1646
registrar or deputy registrar shall collect a fee of twenty	1647
dollars for the issuance of the vehicle registration, but. For any	1648
motor vehicle that is used on a seasonal basis, whether used for	1649
general transportation or not, and that has not been used on the	1650
public roads or highways since the expiration of the registration,	1651
the registrar or deputy registrar shall waive the fee established	1652
under this division if the application is accompanied by	1653
supporting evidence of seasonal use as the registrar may require.	1654
The registrar or deputy registrar may waive the fee for other good	1655
cause shown if the application is accompanied by supporting	1656
evidence as the registrar may require. The fee shall be in	1657
addition to all other fees established by this section. A deputy	1658
registrar shall retain fifty cents of the fee and shall transmit	1659
the remaining amount to the registrar at the time and in the	1660
manner provided by section 4503.10 of the Revised Code. The	1661
registrar shall deposit all moneys received under this division	1662
into the state highway safety fund established in section 4501.06	1663
of the Revised Code.	1664

(2) Division (O)(1) of this section does not apply to a farm	1665
truck or farm bus registered under division (J) of this section.	1666

(P) As used in this section:

1667

(1) "Van" means any motor vehicle having a single rear axle	1668
and an enclosed body without a second seat.	1669

(2) "Handicapped person" means any person who has lost the	1670
use of one or both legs, or one or both arms, or is blind, deaf,	1671
or so severely disabled as to be unable to move about without the	1672
aid of crutches or a wheelchair.	1673

(3) "Farm truck" means a truck used in the transportation	1674
from the farm of products of the farm, including livestock and its	1675
products, poultry and its products, floricultural and	1676
horticultural products, and in the transportation to the farm of	1677
supplies for the farm, including tile, fence, and every other	1678
thing or commodity used in agricultural, floricultural,	1679
horticultural, livestock, and poultry production and livestock,	1680
poultry, and other animals and things used for breeding, feeding,	1681
or other purposes connected with the operation of the farm.	1682

(4) "Farm bus" means a bus used only for the transportation	1683
of agricultural employees and used only in the transportation of	1684
such employees as are necessary in the operation of the farm.	1685

(5) "Farm supplies" includes fuel used exclusively in the	1686
operation of a farm, including one or more homes located on and	1687
used in the operation of one or more farms, and furniture and	1688
other things used in and around such homes.	1689

Sec. 4503.521. (A) The owner or lessee of any passenger car,	1690
noncommercial motor vehicle, recreational vehicle, or other	1691
vehicle of a class approved by the registrar of motor vehicles may	1692
apply to the registrar for the registration of the vehicle and	1693
issuance of "share the road" license plates. The application for	1694
"share the road" license plates may be combined with a request for	1695
a special reserved license plate under section 4503.40 or 4503.42	1696
of the Revised Code. Upon receipt of the completed application and	1697
compliance with division (B) of this section, the registrar shall	1698
issue to the applicant the appropriate vehicle registration and a	1699
set of "share the road" license plates with a validation sticker	1700
or a validation sticker alone when required by section 4503.191 of	1701
the Revised Code.	1702

In addition to the letters and numbers ordinarily inscribed	1703
on the license plates, "share the road" license plates shall be	1704
inscribed with the words "share the road" and markings designed by	1705
the organization known on the effective date of this sectionMarch	1706
23, 2005, as the Ohio bicycle federation and approved by the	1707
registrar. "Share the road" license plates shall bear county	1708
identification stickers that identify the county of registration	1709
by name or number.	1710

(B) "Share the road" license plates and validation stickers	1711
shall be issued upon receipt of a contribution as provided in	1712
division (C) of this section and upon payment of the regular	1713
license tax as prescribed under section 4503.04 of the Revised	1714
Code, a fee of ten dollars for the purpose of compensating the	1715
bureau of motor vehicles for additional services required in the	1716
issuing of the "share the road" license plates, any applicable	1717
motor vehicle tax levied under Chapter 4504. of the Revised Code,	1718
any applicable additional fee prescribed by section 4503.40 or	1719
4503.42 of the Revised Code, and compliance with all other	1720
applicable laws relating to the registration of motor vehicles.	1721

(C) For each application for registration and registration	1722
renewal that the registrar receives under this section, the	1723
registrar shall collect a contribution of five dollars. The	1724
registrar shall transmit this contribution to the treasurer of	1725
state for deposit in the state highway safety fund created in	1726
section 4501.06 of the Revised Code to. The contribution may be	1727
used only to publishcreate and distribute a booklet that	1728
instructs bicycle riders on the methods and procedures of riding	1729
bicycles on the roads and streets of this state in a confident,	1730
legal, and safe mannersafety education materials.	1731

The registrar shall deposit the additional fee of ten dollars	1732
specified in division (B) of this section that the applicant for	1733
registration pays for the purpose of compensating the bureau for	1734
the additional services required in the issuing of the applicant's	1735
"share the road" license plates in the state bureau of motor	1736
vehicles fund created in section 4501.25 of the Revised Code.	1737

Sec. 4503.62.  (A) Application for the registration of an	1738
apportionable vehicle shall be made to the registrar of motor	1739
vehicles in accordance with division (J) of section 4503.10 of the	1740
Revised Code.	1741

(B) Any person applying to register a vehicle or combination	1742
vehicle that has a gross vehicle weight of twenty-six thousand	1743
pounds or less or two axles, or that is a bus used in charter	1744
party service, also may register the vehicle in accordance with	1745
division (J) of section 4503.10 of the Revised Code if the vehicle	1746
is used or intended for use in two or more international	1747
registration plan member jurisdictions.	1748

(C) No later than December 31, 2011, the registrar shall	1749
adopt rules under Chapter 119. of the Revised Code to establish a	1750
program to accept applications for vehicle registration	1751
transactions of apportionable vehicles electronically over the	1752
internet. The program also may provide for vehicle registration	1753
transactions of nonapportionable commercial motor vehicles over	1754
the internet.	1755

(D) The internet registration program shall provide an option	1756
for the payment of all registration taxes and fees by use of a	1757
financial transaction device. In providing for payment by the use	1758
of a financial transaction device, the registrar may, but is not	1759
required to, comply with section 113.40 of the Revised Code. The	1760
registrar, with the approval of the director of public safety, may	1761
contract with a third party to accept and process payments made by	1762
use of a financial transaction device on behalf of the bureau of	1763
motor vehicles. All fees associated with payment by use of a	1764
financial transaction device shall be borne by the applicants	1765
seeking the registration of apportionable or other vehicles under	1766
the program established pursuant to division (C) of this section.	1767
The bureau shall not pay any fees, and shall not collect any	1768
additional fees, associated with the use of a financial	1769
transaction device.	1770

(E) As used in this section, "financial transaction device"	1771
has the same meaning as in section 113.40 of the Revised Code.	1772

Sec. 4503.94. (A) The owner or lessee of any passenger car,	1773
noncommercial motor vehicle, recreational vehicle, or other	1774
vehicle of a class approved by the registrar of motor vehicles may	1775
apply to the registrar for the registration of the vehicle and	1776
issuance of "teen driver education" license plates. The	1777
application may be combined with a request for a special reserved	1778
license plate under section 4503.40 or 4503.42 of the Revised	1779
Code. Upon receipt of the completed application and compliance by	1780
the applicant with divisions (B) and (C) of this section, the	1781
registrar shall issue to the applicant the appropriate vehicle	1782
registration and a set of "teen driver education" license plates	1783
and a validation sticker, or a validation sticker alone when	1784
required by section 4503.191 of the Revised Code.	1785

In addition to the letters and numbers ordinarily inscribed	1786
on the license plates, "teen driver education" license plates	1787
shall bear an appropriate logo and the words "teen driver	1788
education." The bureau of motor vehicles shall design "teen driver	1789
education" license plates, and they shall display county	1790
identification stickers that identify the county of registration	1791
by name or number.	1792

(B) "Teen driver education" license plates and a validation	1793
sticker, or validation sticker alone, shall be issued upon receipt	1794
of an application for registration of a motor vehicle under this	1795
section; payment of the regular license tax as prescribed under	1796
section 4503.04 of the Revised Code, any applicable motor vehicle	1797
license tax levied under Chapter 4504. of the Revised Code, any	1798
applicable additional fee prescribed by section 4503.40 or 4503.42	1799
of the Revised Code, an additional fee of ten dollars, and a	1800
contribution as provided in division (C) of this section; and	1801
compliance with all other applicable laws relating to the	1802
registration of motor vehicles.	1803

(C) For each application for registration and registration	1804
renewal notice the registrar receives under this section, the	1805
registrar shall collect a contribution of fifteen dollars. The	1806
registrar shall transmit this contribution to the treasurer of	1807
state for deposit into the state treasury to the credit of the	1808
teen driver education license plate contribution fund created by	1809
section 4501.144501.21 of the Revised Code.	1810

The registrar shall transmit the additional fee of ten	1811
dollars, which is to compensate the bureau for the additional	1812
services required in the issuing of "teen driver education"	1813
license plates, to the treasurer of state for deposit into the	1814
state treasury to the credit of the state bureau of motor vehicles	1815
fund created by section 4501.25 of the Revised Code.	1816

Sec. 4505.06.  (A)(1) Application for a certificate of title	1817
shall be made in a form prescribed by the registrar of motor	1818
vehicles and shall be sworn to before a notary public or other	1819
officer empowered to administer oaths. The application shall be	1820
filed with the clerk of any court of common pleas. An application	1821
for a certificate of title may be filed electronically by any	1822
electronic means approved by the registrar in any county with the	1823
clerk of the court of common pleas of that county. Any payments	1824
required by this chapter shall be considered as accompanying any	1825
electronically transmitted application when payment actually is	1826
received by the clerk. Payment of any fee or taxes may be made by	1827
electronic transfer of funds.	1828

(2) The application for a certificate of title shall be	1829
accompanied by the fee prescribed in section 4505.09 of the	1830
Revised Code. The fee shall be retained by the clerk who issues	1831
the certificate of title and shall be distributed in accordance	1832
with that section. If a clerk of a court of common pleas, other	1833
than the clerk of the court of common pleas of an applicant's	1834
county of residence, issues a certificate of title to the	1835
applicant, the clerk shall transmit data related to the	1836
transaction to the automated title processing system.	1837

(3) If a certificate of title previously has been issued for	1838
a motor vehicle in this state, the application for a certificate	1839
of title also shall be accompanied by that certificate of title	1840
duly assigned, unless otherwise provided in this chapter. If a	1841
certificate of title previously has not been issued for the motor	1842
vehicle in this state, the application, unless otherwise provided	1843
in this chapter, shall be accompanied by a manufacturer's or	1844
importer's certificate or by a certificate of title of another	1845
state from which the motor vehicle was brought into this state. If	1846
the application refers to a motor vehicle last previously	1847
registered in another state, the application also shall be	1848
accompanied by the physical inspection certificate required by	1849
section 4505.061 of the Revised Code. If the application is made	1850
by two persons regarding a motor vehicle in which they wish to	1851
establish joint ownership with right of survivorship, they may do	1852
so as provided in section 2131.12 of the Revised Code. If the	1853
applicant requests a designation of the motor vehicle in	1854
beneficiary form so that upon the death of the owner of the motor	1855
vehicle, ownership of the motor vehicle will pass to a designated	1856
transfer-on-death beneficiary or beneficiaries, the applicant may	1857
do so as provided in section 2131.13 of the Revised Code. A person	1858
who establishes ownership of a motor vehicle that is transferable	1859
on death in accordance with section 2131.13 of the Revised Code	1860
may terminate that type of ownership or change the designation of	1861
the transfer-on-death beneficiary or beneficiaries by applying for	1862
a certificate of title pursuant to this section. The clerk shall	1863
retain the evidence of title presented by the applicant and on	1864
which the certificate of title is issued, except that, if an	1865
application for a certificate of title is filed electronically by	1866
an electronic motor vehicle dealer on behalf of the purchaser of a	1867
motor vehicle, the clerk shall retain the completed electronic	1868
record to which the dealer converted the certificate of title	1869
application and other required documents. The registrar, after	1870
consultation with the attorney general, shall adopt rules that	1871
govern the location at which, and the manner in which, are stored	1872
the actual application and all other documents relating to the	1873
sale of a motor vehicle when an electronic motor vehicle dealer	1874
files the application for a certificate of title electronically on	1875
behalf of the purchaser. Not later than sixty days after the	1876
effective date of this amendment, the registrar shall enable all	1877
electronic motor vehicle dealers to file applications for	1878
certificates of title on behalf of purchasers of motor vehicles	1879
electronically directly with the registrar and not through a third	1880
party.	1881

The clerk shall use reasonable diligence in ascertaining	1882
whether or not the facts in the application for a certificate of	1883
title are true by checking the application and documents	1884
accompanying it or the electronic record to which a dealer	1885
converted the application and accompanying documents with the	1886
records of motor vehicles in the clerk's office. If the clerk is	1887
satisfied that the applicant is the owner of the motor vehicle and	1888
that the application is in the proper form, the clerk, within five	1889
business days after the application is filed and except as	1890
provided in section 4505.021 of the Revised Code, shall issue a	1891
physical certificate of title over the clerk's signature and	1892
sealed with the clerk's seal, unless the applicant specifically	1893
requests the clerk not to issue a physical certificate of title	1894
and instead to issue an electronic certificate of title. For	1895
purposes of the transfer of a certificate of title, if the clerk	1896
is satisfied that the secured party has duly discharged a lien	1897
notation but has not canceled the lien notation with a clerk, the	1898
clerk may cancel the lien notation on the automated title	1899
processing system and notify the clerk of the county of origin.	1900

(4) In the case of the sale of a motor vehicle to a general	1901
buyer or user by a dealer, by a motor vehicle leasing dealer	1902
selling the motor vehicle to the lessee or, in a case in which the	1903
leasing dealer subleased the motor vehicle, the sublessee, at the	1904
end of the lease agreement or sublease agreement, or by a	1905
manufactured housing broker, the certificate of title shall be	1906
obtained in the name of the buyer by the dealer, leasing dealer,	1907
or manufactured housing broker, as the case may be, upon	1908
application signed by the buyer. The certificate of title shall be	1909
issued, or the process of entering the certificate of title	1910
application information into the automated title processing system	1911
if a physical certificate of title is not to be issued shall be	1912
completed, within five business days after the application for	1913
title is filed with the clerk. If the buyer of the motor vehicle	1914
previously leased the motor vehicle and is buying the motor	1915
vehicle at the end of the lease pursuant to that lease, the	1916
certificate of title shall be obtained in the name of the buyer by	1917
the motor vehicle leasing dealer who previously leased the motor	1918
vehicle to the buyer or by the motor vehicle leasing dealer who	1919
subleased the motor vehicle to the buyer under a sublease	1920
agreement.	1921

In all other cases, except as provided in section 4505.032	1922
and division (D)(2) of section 4505.11 of the Revised Code, such	1923
certificates shall be obtained by the buyer.	1924

(5)(a)(i) If the certificate of title is being obtained in	1925
the name of the buyer by a motor vehicle dealer or motor vehicle	1926
leasing dealer and there is a security interest to be noted on the	1927
certificate of title, the dealer or leasing dealer shall submit	1928
the application for the certificate of title and payment of the	1929
applicable tax to a clerk within seven business days after the	1930
later of the delivery of the motor vehicle to the buyer or the	1931
date the dealer or leasing dealer obtains the manufacturer's or	1932
importer's certificate, or certificate of title issued in the name	1933
of the dealer or leasing dealer, for the motor vehicle. Submission	1934
of the application for the certificate of title and payment of the	1935
applicable tax within the required seven business days may be	1936
indicated by postmark or receipt by a clerk within that period.	1937

(ii) Upon receipt of the certificate of title with the	1938
security interest noted on its face, the dealer or leasing dealer	1939
shall forward the certificate of title to the secured party at the	1940
location noted in the financing documents or otherwise specified	1941
by the secured party.	1942

(iii) A motor vehicle dealer or motor vehicle leasing dealer	1943
is liable to a secured party for a late fee of ten dollars per day	1944
for each certificate of title application and payment of the	1945
applicable tax that is submitted to a clerk more than seven	1946
business days but less than twenty-one days after the later of the	1947
delivery of the motor vehicle to the buyer or the date the dealer	1948
or leasing dealer obtains the manufacturer's or importer's	1949
certificate, or certificate of title issued in the name of the	1950
dealer or leasing dealer, for the motor vehicle and, from then on,	1951
twenty-five dollars per day until the application and applicable	1952
tax are submitted to a clerk.	1953

(b) In all cases of transfer of a motor vehicle except the	1954
transfer of a manufactured home or mobile home, the application	1955
for certificate of title shall be filed within thirty days after	1956
the assignment or delivery of the motor vehicle.	1957

(c) An application for a certificate of title for a new	1958
manufactured home shall be filed within thirty days after the	1959
delivery of the new manufactured home to the purchaser. The date	1960
of the delivery shall be the date on which an occupancy permit for	1961
the manufactured home is delivered to the purchaser of the home by	1962
the appropriate legal authority.	1963

(d) An application for a certificate of title for a used	1964
manufactured home or a used mobile home shall be filed as follows:	1965

(i) If a certificate of title for the used manufactured home	1966
or used mobile home was issued to the motor vehicle dealer prior	1967
to the sale of the manufactured or mobile home to the purchaser,	1968
the application for certificate of title shall be filed within	1969
thirty days after the date on which an occupancy permit for the	1970
manufactured or mobile home is delivered to the purchaser by the	1971
appropriate legal authority.	1972

(ii) If the motor vehicle dealer has been designated by a	1973
secured party to display the manufactured or mobile home for sale,	1974
or to sell the manufactured or mobile home under section 4505.20	1975
of the Revised Code, but the certificate of title has not been	1976
transferred by the secured party to the motor vehicle dealer, and	1977
the dealer has complied with the requirements of division (A) of	1978
section 4505.181 of the Revised Code, the application for	1979
certificate of title shall be filed within thirty days after the	1980
date on which the motor vehicle dealer obtains the certificate of	1981
title for the home from the secured party or the date on which an	1982
occupancy permit for the manufactured or mobile home is delivered	1983
to the purchaser by the appropriate legal authority, whichever	1984
occurs later.	1985

(6) If an application for a certificate of title is not filed	1986
within the period specified in division (A)(5)(b), (c), or (d) of	1987
this section, the clerk shall collect a fee of five dollars for	1988
the issuance of the certificate, except that no such fee shall be	1989
required from a motor vehicle salvage dealer, as defined in	1990
division (A) of section 4738.01 of the Revised Code, who	1991
immediately surrenders the certificate of title for cancellation.	1992
The fee shall be in addition to all other fees established by this	1993
chapter, and shall be retained by the clerk. The registrar shall	1994
provide, on the certificate of title form prescribed by section	1995
4505.07 of the Revised Code, language necessary to give evidence	1996
of the date on which the assignment or delivery of the motor	1997
vehicle was made.	1998

(7) As used in division (A) of this section, "lease	1999
agreement," "lessee," and "sublease agreement" have the same	2000
meanings as in section 4505.04 of the Revised Code and "new	2001
manufactured home," "used manufactured home," and "used mobile	2002
home" have the same meanings as in section 5739.0210 of the	2003
Revised Code.	2004

(B)(1) The clerk, except as provided in this section, shall	2005
refuse to accept for filing any application for a certificate of	2006
title and shall refuse to issue a certificate of title unless the	2007
dealer or the applicant, in cases in which the certificate shall	2008
be obtained by the buyer, submits with the application payment of	2009
the tax levied by or pursuant to Chapters 5739. and 5741. of the	2010
Revised Code based on the purchaser's county of residence. Upon	2011
payment of the tax in accordance with division (E) of this	2012
section, the clerk shall issue a receipt prescribed by the	2013
registrar and agreed upon by the tax commissioner showing payment	2014
of the tax or a receipt issued by the commissioner showing the	2015
payment of the tax. When submitting payment of the tax to the	2016
clerk, a dealer shall retain any discount to which the dealer is	2017
entitled under section 5739.12 of the Revised Code.	2018

(2) For receiving and disbursing such taxes paid to the clerk	2019
by a resident of the clerk's county, the clerk may retain a	2020
poundage fee of one and one one-hundredth per cent, and the clerk	2021
shall pay the poundage fee into the certificate of title	2022
administration fund created by section 325.33 of the Revised Code.	2023
The clerk shall not retain a poundage fee from payments of taxes	2024
by persons who do not reside in the clerk's county.	2025

A clerk, however, may retain from the taxes paid to the clerk	2026
an amount equal to the poundage fees associated with certificates	2027
of title issued by other clerks of courts of common pleas to	2028
applicants who reside in the first clerk's county. The registrar,	2029
in consultation with the tax commissioner and the clerks of the	2030
courts of common pleas, shall develop a report from the automated	2031
title processing system that informs each clerk of the amount of	2032
the poundage fees that the clerk is permitted to retain from those	2033
taxes because of certificates of title issued by the clerks of	2034
other counties to applicants who reside in the first clerk's	2035
county.	2036

(3) In the case of casual sales of motor vehicles, as defined	2037
in section 4517.01 of the Revised Code, the price for the purpose	2038
of determining the tax shall be the purchase price on the assigned	2039
certificate of title executed by the seller and filed with the	2040
clerk by the buyer on a form to be prescribed by the registrar,	2041
which shall be prima-facie evidence of the amount for the	2042
determination of the tax.	2043

(4) Each county clerk shall forward to the treasurer of state	2044
all sales and use tax collections resulting from sales of motor	2045
vehicles, off-highway motorcycles, and all-purpose vehicles during	2046
a calendar week on or before the Friday following the close of	2047
that week. If, on any Friday, the offices of the clerk of courts	2048
or the state are not open for business, the tax shall be forwarded	2049
to the treasurer of state on or before the next day on which the	2050
offices are open. Every remittance of tax under division (B)(4) of	2051
this section shall be accompanied by a remittance report in such	2052
form as the tax commissioner prescribes. Upon receipt of a tax	2053
remittance and remittance report, the treasurer of state shall	2054
date stamp the report and forward it to the tax commissioner. If	2055
the tax due for any week is not remitted by a clerk of courts as	2056
required under division (B)(4) of this section, the commissioner	2057
may require the clerk to forfeit the poundage fees for the sales	2058
made during that week. The treasurer of state may require the	2059
clerks of courts to transmit tax collections and remittance	2060
reports electronically.	2061

(C)(1) If the transferor indicates on the certificate of	2062
title that the odometer reflects mileage in excess of the designed	2063
mechanical limit of the odometer, the clerk shall enter the phrase	2064
"exceeds mechanical limits" following the mileage designation. If	2065
the transferor indicates on the certificate of title that the	2066
odometer reading is not the actual mileage, the clerk shall enter	2067
the phrase "nonactual: warning - odometer discrepancy" following	2068
the mileage designation. The clerk shall use reasonable care in	2069
transferring the information supplied by the transferor, but is	2070
not liable for any errors or omissions of the clerk or those of	2071
the clerk's deputies in the performance of the clerk's duties	2072
created by this chapter.	2073

The registrar shall prescribe an affidavit in which the	2074
transferor shall swear to the true selling price and, except as	2075
provided in this division, the true odometer reading of the motor	2076
vehicle. The registrar may prescribe an affidavit in which the	2077
seller and buyer provide information pertaining to the odometer	2078
reading of the motor vehicle in addition to that required by this	2079
section, as such information may be required by the United States	2080
secretary of transportation by rule prescribed under authority of	2081
subchapter IV of the "Motor Vehicle Information and Cost Savings	2082
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	2083

(2) Division (C)(1) of this section does not require the	2084
giving of information concerning the odometer and odometer reading	2085
of a motor vehicle when ownership of a motor vehicle is being	2086
transferred as a result of a bequest, under the laws of intestate	2087
succession, to a survivor pursuant to section 2106.18, 2131.12, or	2088
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	2089
beneficiaries pursuant to section 2131.13 of the Revised Code, in	2090
connection with the creation of a security interest or for a	2091
vehicle with a gross vehicle weight rating of more than sixteen	2092
thousand pounds.	2093

(D) When the transfer to the applicant was made in some other	2094
state or in interstate commerce, the clerk, except as provided in	2095
this section, shall refuse to issue any certificate of title	2096
unless the tax imposed by or pursuant to Chapter 5741. of the	2097
Revised Code based on the purchaser's county of residence has been	2098
paid as evidenced by a receipt issued by the tax commissioner, or	2099
unless the applicant submits with the application payment of the	2100
tax. Upon payment of the tax in accordance with division (E) of	2101
this section, the clerk shall issue a receipt prescribed by the	2102
registrar and agreed upon by the tax commissioner, showing payment	2103
of the tax.	2104

For receiving and disbursing such taxes paid to the clerk by	2105
a resident of the clerk's county, the clerk may retain a poundage	2106
fee of one and one one-hundredth per cent. The clerk shall not	2107
retain a poundage fee from payments of taxes by persons who do not	2108
reside in the clerk's county.	2109

A clerk, however, may retain from the taxes paid to the clerk	2110
an amount equal to the poundage fees associated with certificates	2111
of title issued by other clerks of courts of common pleas to	2112
applicants who reside in the first clerk's county. The registrar,	2113
in consultation with the tax commissioner and the clerks of the	2114
courts of common pleas, shall develop a report from the automated	2115
title processing system that informs each clerk of the amount of	2116
the poundage fees that the clerk is permitted to retain from those	2117
taxes because of certificates of title issued by the clerks of	2118
other counties to applicants who reside in the first clerk's	2119
county.	2120

When the vendor is not regularly engaged in the business of	2121
selling motor vehicles, the vendor shall not be required to	2122
purchase a vendor's license or make reports concerning those	2123
sales.	2124

(E) The clerk shall accept any payment of a tax in cash, or	2125
by cashier's check, certified check, draft, money order, or teller	2126
check issued by any insured financial institution payable to the	2127
clerk and submitted with an application for a certificate of title	2128
under division (B) or (D) of this section. The clerk also may	2129
accept payment of the tax by corporate, business, or personal	2130
check, credit card, electronic transfer or wire transfer, debit	2131
card, or any other accepted form of payment made payable to the	2132
clerk. The clerk may require bonds, guarantees, or letters of	2133
credit to ensure the collection of corporate, business, or	2134
personal checks. Any service fee charged by a third party to a	2135
clerk for the use of any form of payment may be paid by the clerk	2136
from the certificate of title administration fund created in	2137
section 325.33 of the Revised Code, or may be assessed by the	2138
clerk upon the applicant as an additional fee. Upon collection,	2139
the additional fees shall be paid by the clerk into that	2140
certificate of title administration fund.	2141

The clerk shall make a good faith effort to collect any	2142
payment of taxes due but not made because the payment was returned	2143
or dishonored, but the clerk is not personally liable for the	2144
payment of uncollected taxes or uncollected fees. The clerk shall	2145
notify the tax commissioner of any such payment of taxes that is	2146
due but not made and shall furnish the information to the	2147
commissioner that the commissioner requires. The clerk shall	2148
deduct the amount of taxes due but not paid from the clerk's	2149
periodic remittance of tax payments, in accordance with procedures	2150
agreed upon by the tax commissioner. The commissioner may collect	2151
taxes due by assessment in the manner provided in section 5739.13	2152
of the Revised Code.	2153

Any person who presents payment that is returned or	2154
dishonored for any reason is liable to the clerk for payment of a	2155
penalty over and above the amount of the taxes due. The clerk	2156
shall determine the amount of the penalty, and the penalty shall	2157
be no greater than that amount necessary to compensate the clerk	2158
for banking charges, legal fees, or other expenses incurred by the	2159
clerk in collecting the returned or dishonored payment. The	2160
remedies and procedures provided in this section are in addition	2161
to any other available civil or criminal remedies. Subsequently	2162
collected penalties, poundage fees, and title fees, less any title	2163
fee due the state, from returned or dishonored payments collected	2164
by the clerk shall be paid into the certificate of title	2165
administration fund. Subsequently collected taxes, less poundage	2166
fees, shall be sent by the clerk to the treasurer of state at the	2167
next scheduled periodic remittance of tax payments, with	2168
information as the commissioner may require. The clerk may abate	2169
all or any part of any penalty assessed under this division.	2170

(F) In the following cases, the clerk shall accept for filing	2171
an application and shall issue a certificate of title without	2172
requiring payment or evidence of payment of the tax:	2173

(1) When the purchaser is this state or any of its political	2174
subdivisions, a church, or an organization whose purchases are	2175
exempted by section 5739.02 of the Revised Code;	2176

(2) When the transaction in this state is not a retail sale	2177
as defined by section 5739.01 of the Revised Code;	2178

(3) When the purchase is outside this state or in interstate	2179
commerce and the purpose of the purchaser is not to use, store, or	2180
consume within the meaning of section 5741.01 of the Revised Code;	2181

(4) When the purchaser is the federal government;

2182

(5) When the motor vehicle was purchased outside this state	2183
for use outside this state;	2184

(6) When the motor vehicle is purchased by a nonresident	2185
under the circumstances described in division (B)(1) of section	2186
5739.029 of the Revised Code, and upon presentation of a copy of	2187
the affidavit provided by that section, and a copy of the	2188
exemption certificate provided by section 5739.03 of the Revised	2189
Code.	2190

(G) An application, as prescribed by the registrar and agreed	2191
to by the tax commissioner, shall be filled out and sworn to by	2192
the buyer of a motor vehicle in a casual sale. The application	2193
shall contain the following notice in bold lettering: "WARNING TO	2194
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	2195
law to state the true selling price. A false statement is in	2196
violation of section 2921.13 of the Revised Code and is punishable	2197
by six months' imprisonment or a fine of up to one thousand	2198
dollars, or both. All transfers are audited by the department of	2199
taxation. The seller and buyer must provide any information	2200
requested by the department of taxation. The buyer may be assessed	2201
any additional tax found to be due."	2202

(H) For sales of manufactured homes or mobile homes occurring	2203
on or after January 1, 2000, the clerk shall accept for filing,	2204
pursuant to Chapter 5739. of the Revised Code, an application for	2205
a certificate of title for a manufactured home or mobile home	2206
without requiring payment of any tax pursuant to section 5739.02,	2207
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	2208
issued by the tax commissioner showing payment of the tax. For	2209
sales of manufactured homes or mobile homes occurring on or after	2210
January 1, 2000, the applicant shall pay to the clerk an	2211
additional fee of five dollars for each certificate of title	2212
issued by the clerk for a manufactured or mobile home pursuant to	2213
division (H) of section 4505.11 of the Revised Code and for each	2214
certificate of title issued upon transfer of ownership of the	2215
home. The clerk shall credit the fee to the county certificate of	2216
title administration fund, and the fee shall be used to pay the	2217
expenses of archiving those certificates pursuant to division (A)	2218
of section 4505.08 and division (H)(3) of section 4505.11 of the	2219
Revised Code. The tax commissioner shall administer any tax on a	2220
manufactured or mobile home pursuant to Chapters 5739. and 5741.	2221
of the Revised Code.	2222

(I) Every clerk shall have the capability to transact by	2223
electronic means all procedures and transactions relating to the	2224
issuance of motor vehicle certificates of title that are described	2225
in the Revised Code as being accomplished by electronic means.	2226

Sec. 4505.09.  (A)(1) The clerk of a court of common pleas	2227
shall charge and retain fees as follows:	2228

(a) Five dollars for each certificate of title that is not	2229
applied for within thirty days after the later of the assignment	2230
or delivery of the motor vehicle described in it. The entire fee	2231
shall be retained by the clerk.	2232

(b) Fifteen dollars for each certificate of title or	2233
duplicate certificate of title including the issuance of a	2234
memorandum certificate of title, or authorization to print a	2235
non-negotiable evidence of ownership described in division (G) of	2236
section 4505.08 of the Revised Code, non-negotiable evidence of	2237
ownership printed by the clerk under division (H) of that section,	2238
and notation of any lien on a certificate of title that is applied	2239
for at the same time as the certificate of title. The clerk shall	2240
retain eleven dollars and fifty cents of that fee for each	2241
certificate of title when there is a notation of a lien or	2242
security interest on the certificate of title, twelve dollars and	2243
twenty-five cents when there is no lien or security interest noted	2244
on the certificate of title, and eleven dollars and fifty cents	2245
for each duplicate certificate of title.	2246

(c) FiveFour dollars and fifty cents for each certificate of	2247
title with no security interest noted that is issued to a licensed	2248
motor vehicle dealer for resale purposes and, in addition, a	2249
separate fee of fifty cents. The clerk shall retain two dollars	2250
and twenty-five cents of that fee.	2251

(d) Five dollars for each memorandum certificate of title or	2252
non-negotiable evidence of ownership that is applied for	2253
separately. The clerk shall retain that entire fee.	2254

(2) The fees that are not retained by the clerk shall be paid	2255
to the registrar of motor vehicles by monthly returns, which shall	2256
be forwarded to the registrar not later than the fifth day of the	2257
month next succeeding that in which the certificate is issued or	2258
that in which the registrar is notified of a lien or cancellation	2259
of a lien.	2260

(B)(1) The registrar shall pay twenty-five cents of the	2261
amount received for each certificate of title issued to a motor	2262
vehicle dealer for resale, one dollar for certificates of title	2263
issued with a lien or security interest noted on the certificate	2264
of title, and twenty-five cents for each certificate of title with	2265
no lien or security interest noted on the certificate of title	2266
into the state bureau of motor vehicles fund established in	2267
section 4501.25 of the Revised Code.	2268

(2) Fifty cents of the amount received for each certificate	2269
of title shall be paid by the registrar as follows:	2270

(a) Four cents shall be paid into the state treasury to the	2271
credit of the motor vehicle dealers board fund, which is hereby	2272
created. All investment earnings of the fund shall be credited to	2273
the fund. The moneys in the motor vehicle dealers board fund shall	2274
be used by the motor vehicle dealers board created under section	2275
4517.30 of the Revised Code, together with other moneys	2276
appropriated to it, in the exercise of its powers and the	2277
performance of its duties under Chapter 4517. of the Revised Code,	2278
except that the director of budget and management may transfer	2279
excess money from the motor vehicle dealers board fund to the	2280
bureau of motor vehicles fund if the registrar determines that the	2281
amount of money in the motor vehicle dealers board fund, together	2282
with other moneys appropriated to the board, exceeds the amount	2283
required for the exercise of its powers and the performance of its	2284
duties under Chapter 4517. of the Revised Code and requests the	2285
director to make the transfer.	2286

(b) Twenty-one cents shall be paid into the highway operating	2287
fund.	2288

(c) Twenty-five cents shall be paid into the state treasury	2289
to the credit of the motor vehicle sales audit fund, which is	2290
hereby created. The moneys in the fund shall be used by the tax	2291
commissioner together with other funds available to the	2292
commissioner to conduct a continuing investigation of sales and	2293
use tax returns filed for motor vehicles in order to determine if	2294
sales and use tax liability has been satisfied. The commissioner	2295
shall refer cases of apparent violations of section 2921.13 of the	2296
Revised Code made in connection with the titling or sale of a	2297
motor vehicle and cases of any other apparent violations of the	2298
sales or use tax law to the appropriate county prosecutor whenever	2299
the commissioner considers it advisable.	2300

(3) Two dollars of the amount received by the registrar under	2301
divisions (A)(1)(a), (b), and (d) of this section and one dollar	2302
and fifty cents of the amount received by the registrar under	2303
division (A)(1)(c) of this section for each certificate of title	2304
shall be paid into the state treasury to the credit of the	2305
automated title processing fund, which is hereby created and which	2306
shall consist of moneys collected under division (B)(3) of this	2307
section and under sections 1548.10 and 4519.59 of the Revised	2308
Code. All investment earnings of the fund shall be credited to the	2309
fund. The moneys in the fund shall be used as follows:	2310

(a) Except for moneys collected under section 1548.10 of the	2311
Revised Code and as provided in division (B)(3)(c) of this	2312
section, moneys collected under division (B)(3) of this section	2313
shall be used to implement and maintain an automated title	2314
processing system for the issuance of motor vehicle, off-highway	2315
motorcycle, and all-purpose vehicle certificates of title in the	2316
offices of the clerks of the courts of common pleas.	2317

(b) Moneys collected under section 1548.10 of the Revised	2318
Code shall be used to issue marine certificates of title in the	2319
offices of the clerks of the courts of common pleas as provided in	2320
Chapter 1548. of the Revised Code.	2321

(c) Moneys collected under division (B)(3) of this section	2322
shall be used in accordance with section 4505.25 of the Revised	2323
Code to implement Sub. S.B. 59 of the 124th general assembly.	2324

(4) The registrar shall pay the fifty-cent separate fee	2325
collected from a licensed motor vehicle dealer under division	2326
(A)(1)(c) of this section into the title defect recision fund	2327
created by section 1345.52 of the Revised Code.	2328

(C)(1) The automated title processing board is hereby created	2329
consisting of the registrar or the registrar's representative, a	2330
person selected by the registrar, the president of the Ohio clerks	2331
of court association or the president's representative, and two	2332
clerks of courts of common pleas appointed by the governor. The	2333
director of budget and management or the director's designee, the	2334
chief of the division of watercraft in the department of natural	2335
resources or the chief's designee, and the tax commissioner or the	2336
commissioner's designee shall be nonvoting members of the board.	2337
The purpose of the board is to facilitate the operation and	2338
maintenance of an automated title processing system and approve	2339
the procurement of automated title processing system equipment.	2340
Voting members of the board, excluding the registrar or the	2341
registrar's representative, shall serve without compensation, but	2342
shall be reimbursed for travel and other necessary expenses	2343
incurred in the conduct of their official duties. The registrar or	2344
the registrar's representative shall receive neither compensation	2345
nor reimbursement as a board member.	2346

(2) The automated title processing board shall determine each	2347
of the following:	2348

(a) The automated title processing equipment and certificates	2349
of title requirements for each county;	2350

(b) The payment of expenses that may be incurred by the	2351
counties in implementing an automated title processing system;	2352

(c) The repayment to the counties for existing title	2353
processing equipment.	2354

(3) The registrar shall purchase, lease, or otherwise acquire	2355
any automated title processing equipment and certificates of title	2356
that the board determines are necessary from moneys in the	2357
automated title processing fund established by division (B)(3) of	2358
this section.	2359

(D) All counties shall conform to the requirements of the	2360
registrar regarding the operation of their automated title	2361
processing system for motor vehicle titles, certificates of title	2362
for off-highway motorcycles and all-purpose vehicles, and	2363
certificates of title for watercraft and outboard motors.	2364

Sec. 4506.08.  (A)(1) Each application for a commercial	2365
driver's license temporary instruction permit shall be accompanied	2366
by a fee of ten dollars. Each application for a commercial	2367
driver's license, restricted commercial driver's license, renewal	2368
of such a license, or waiver for farm-related service industries	2369
shall be accompanied by a fee of twenty-five dollars, except that	2370
an application for a commercial driver's license or restricted	2371
commercial driver's license received pursuant to division (A)(3)	2372
of section 4506.14 of the Revised Code shall be accompanied by a	2373
fee of eighteen dollars and seventy-five cents if the license will	2374
expire on the licensee's birthday three years after the date of	2375
issuance, a fee of twelve dollars and fifty cents if the license	2376
will expire on the licensee's birthday two years after the date of	2377
issuance, and a fee of six dollars and twenty-five cents if the	2378
license will expire on the licensee's birthday one year after the	2379
date of issuance. Each application for a duplicate commercial	2380
driver's license shall be accompanied by a fee of ten dollars.	2381

(2) In addition, the registrar of motor vehicles or deputy	2382
registrar may collect and retain an additional fee of no more than	2383
three dollars and fifty cents for each application for a	2384
commercial driver's license temporary instruction permit,	2385
commercial driver's license, renewal of a commercial driver's	2386
license, or duplicate commercial driver's license received by the	2387
registrar or deputy.	2388

(B) In addition to the fees imposed under division (A) of	2389
this section, the registrar of motor vehicles or deputy registrar	2390
shall collect a fee of twelve dollars for each application for a	2391
commercial driver's license temporary instruction permit,	2392
commercial driver's license, or duplicate commercial driver's	2393
license and for each application for renewal of a commercial	2394
driver's license. The additional fee is for the purpose of	2395
defraying the department of public safety's costs associated with	2396
the administration and enforcement of the motor vehicle and	2397
traffic laws of Ohio.	2398

(C) Commencing on October 1, 2009, if an application for a	2399
commercial driver's license made by a person who previously held	2400
such a license is not applied for within the period specified in	2401
section 4506.14 of the Revised Code or within seven days after the	2402
period so specified, the registrar or deputy registrar shall	2403
collect a fee of twenty dollars for the issuance of the commercial	2404
driver's license, but may waive the fee for good cause shown if	2405
the application is accompanied by supporting evidence as the	2406
registrar may require. The fee is in addition to all other fees	2407
established by this section. A deputy registrar shall retain fifty	2408
cents of the fee and shall transmit the remaining amount in	2409
accordance with division (D) of this section.	2410

(D) Each deputy registrar shall transmit the fees collected	2411
under divisions (A)(1),and (B), and (C) of this section in the	2412
time and manner prescribed by the registrar. The registrar shall	2413
deposit all moneys received under division (D)(C) of this section	2414
into the state highway safety fund established in section 4501.06	2415
of the Revised Code.	2416

(E)(D) Information regarding the driving record of any person	2417
holding a commercial driver's license issued by this state shall	2418
be furnished by the registrar, upon request and payment of a fee	2419
of five dollars, to the employer or prospective employer of such a	2420
person and to any insurer.	2421

Of each five-dollar fee the registrar collects under this	2422
division, the registrar shall pay two dollars into the state	2423
treasury to the credit of the state bureau of motor vehicles fund	2424
established in section 4501.25 of the Revised Code, sixty cents	2425
into the state treasury to the credit of the trauma and emergency	2426
medical services fund established in section 4513.263 of the	2427
Revised Code, sixty cents into the state treasury to the credit of	2428
the homeland security fund established in section 5502.03 of the	2429
Revised Code, thirty cents into the state treasury to the credit	2430
of the investigations fund established in section 5502.131 of the	2431
Revised Code, one dollar and twenty-five cents into the state	2432
treasury to the credit of the emergency management agency service	2433
and reimbursement fund established in section 5502.39 of the	2434
Revised Code, and twenty-five cents into the state treasury to the	2435
credit of the justice program services fund established in section	2436
5502.67 of the Revised Code.	2437

Sec. 4507.05.  (A) The registrar of motor vehicles, or a	2438
deputy registrar, upon receiving an application for a temporary	2439
instruction permit and a temporary instruction permit	2440
identification card for a driver's license from any person who is	2441
at least fifteen years six months of age, may issue such a permit	2442
and identification card entitling the applicant to drive a motor	2443
vehicle, other than a commercial motor vehicle, upon the highways	2444
under the following conditions:	2445

(1) If the permit is issued to a person who is at least	2446
fifteen years six months of age, but less than sixteen years of	2447
age:	2448

(a) The permit and identification card are in the holder's	2449
immediate possession;	2450

(b) The holder is accompanied by an eligible adult who	2451
actually occupies the seat beside the permit holder and does not	2452
have a prohibited concentration of alcohol in the whole blood,	2453
blood serum or plasma, breath, or urine as provided in division	2454
(A) of section 4511.19 of the Revised Code;	2455

(c) The total number of occupants of the vehicle does not	2456
exceed the total number of occupant restraining devices originally	2457
installed in the motor vehicle by its manufacturer, and each	2458
occupant of the vehicle is wearing all of the available elements	2459
of a properly adjusted occupant restraining device.	2460

(2) If the permit is issued to a person who is at least	2461
sixteen years of age:	2462

(a) The permit and identification card are in the holder's	2463
immediate possession;	2464

(b) The holder is accompanied by a licensed operator who is	2465
at least twenty-one years of age, is actually occupying a seat	2466
beside the driver, and does not have a prohibited concentration of	2467
alcohol in the whole blood, blood serum or plasma, breath, or	2468
urine as provided in division (A) of section 4511.19 of the	2469
Revised Code;	2470

(c) The total number of occupants of the vehicle does not	2471
exceed the total number of occupant restraining devices originally	2472
installed in the motor vehicle by its manufacturer, and each	2473
occupant of the vehicle is wearing all of the available elements	2474
of a properly adjusted occupant restraining device.	2475

(B) The registrar or a deputy registrar, upon receiving from	2476
any person an application for a temporary instruction permit and	2477
temporary instruction permit identification card to operate a	2478
motorcycle or motorized bicycle, may issue such a permit and	2479
identification card entitling the applicant, while having the	2480
permit and identification card in the applicant's immediate	2481
possession, to drive a motorcycle under the restrictions	2482
prescribed in section 4511.53 of the Revised Code, or to drive a	2483
motorized bicycle under restrictions determined by the registrar.	2484
A temporary instruction permit and temporary instruction permit	2485
identification card to operate a motorized bicycle may be issued	2486
to a person fourteen or fifteen years old.	2487

(C) Any permit and identification card issued under this	2488
section shall be issued in the same manner as a driver's license,	2489
upon a form to be furnished by the registrar. A temporary	2490
instruction permit to drive a motor vehicle other than a	2491
commercial motor vehicle shall be valid for a period of one year.	2492

(D) Any person having in the person's possession a valid and	2493
current driver's license or motorcycle operator's license or	2494
endorsement issued to the person by another jurisdiction	2495
recognized by this state is exempt from obtaining a temporary	2496
instruction permit for a driver's license, but shall submit to the	2497
regular examination in obtaining a driver's license or motorcycle	2498
operator's endorsement in this state.	2499

(E) The registrar may adopt rules governing the use of	2500
temporary instruction permits and temporary instruction permit	2501
identification cards.	2502

(F)(1) No holder of a permit issued under division (A) of	2503
this section shall operate a motor vehicle upon a highway or any	2504
public or private property used by the public for purposes of	2505
vehicular travel or parking in violation of the conditions	2506
established under division (A) of this section.	2507

(2) Except as provided in division (F)(2) of this section, no	2508
holder of a permit that is issued under division (A) of this	2509
section and that is issued on or after July 1, 1998, and who has	2510
not attained the age of eighteen years, shall operate a motor	2511
vehicle upon a highway or any public or private property used by	2512
the public for purposes of vehicular travel or parking between the	2513
hours of midnight and six a.m.	2514

The holder of a permit issued under division (A) of this	2515
section on or after July 1, 1998, who has not attained the age of	2516
eighteen years, may operate a motor vehicle upon a highway or any	2517
public or private property used by the public for purposes of	2518
vehicular travel or parking between the hours of midnight and six	2519
a.m. if, at the time of such operation, the holder is accompanied	2520
by the holder's parent, guardian, or custodian, and the parent,	2521
guardian, or custodian holds a current valid driver's or	2522
commercial driver's license issued by this state, is actually	2523
occupying a seat beside the permit holder, and does not have a	2524
prohibited concentration of alcohol in the whole blood, blood	2525
serum or plasma, breath, or urine as provided in division (A) of	2526
section 4511.19 of the Revised Code.	2527

(G)(1) Notwithstanding any other provision of law to the	2528
contrary, no law enforcement officer shall cause the operator of a	2529
motor vehicle being operated on any street or highway to stop the	2530
motor vehicle for the sole purpose of determining whether each	2531
occupant of the motor vehicle is wearing all of the available	2532
elements of a properly adjusted occupant restraining device as	2533
required by division (A) of this section, or for the sole purpose	2534
of issuing a ticket, citation, or summons if the requirement in	2535
that division has been or is being violated, or for causing the	2536
arrest of or commencing a prosecution of a person for a violation	2537
of that requirement.	2538

(2) Notwithstanding any other provision of law to the	2539
contrary, no law enforcement officer shall cause the operator of a	2540
motor vehicle being operated on any street or highway to stop the	2541
motor vehicle for the sole purpose of determining whether a	2542
violation of division (F)(2) of this section has been or is being	2543
committed or for the sole purpose of issuing a ticket, citation,	2544
or summons for such a violation or for causing the arrest of or	2545
commencing a prosecution of a person for such violation.	2546

(H) As used in this section:

2547

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

2548

(a) An instructor of a driver training course approved by the	2549
department of public safety;	2550

(b) Any of the following persons who holds a current valid	2551
driver's or commercial driver's license issued by this state:	2552

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

2553

(ii) A person twenty-one years of age or older who acts in	2554
loco parentis of the permit holder.	2555

(2) "Occupant restraining device" has the same meaning as in	2556
section 4513.263 of the Revised Code.	2557

(I) Whoever violates division (F)(1) or (2) of this section	2558
is guilty of a minor misdemeanor.	2559

Sec. 4507.23.  (A) Except as provided in division (J)(I) of	2560
this section, each application for a temporary instruction permit	2561
and examination shall be accompanied by a fee of five dollars.	2562

(B) Except as provided in division (J)(I) of this section,	2563
each application for a driver's license made by a person who	2564
previously held such a license and whose license has expired not	2565
more than two years prior to the date of application, and who is	2566
required under this chapter to give an actual demonstration of the	2567
person's ability to drive, shall be accompanied by a fee of three	2568
dollars in addition to any other fees.	2569

(C)(1) Except as provided in divisions (E) and (J)(I) of this	2570
section, each application for a driver's license, or motorcycle	2571
operator's endorsement, or renewal of a driver's license shall be	2572
accompanied by a fee of six dollars.	2573

(2) Except as provided in division (J)(I) of this section,	2574
each application for a duplicate driver's license shall be	2575
accompanied by a fee of seven dollars and fifty cents. The	2576
duplicate driver's licenses issued under this section shall be	2577
distributed by the deputy registrar in accordance with rules	2578
adopted by the registrar of motor vehicles.	2579

(D) Except as provided in division (J)(I) of this section,	2580
each application for a motorized bicycle license or duplicate	2581
thereof shall be accompanied by a fee of two dollars and fifty	2582
cents.	2583

(E) Except as provided in division (J)(I) of this section,	2584
each application for a driver's license or renewal of a driver's	2585
license that will be issued to a person who is less than	2586
twenty-one years of age shall be accompanied by whichever of the	2587
following fees is applicable:	2588

(1) If the person is sixteen years of age or older, but less	2589
than seventeen years of age, a fee of seven dollars and	2590
twenty-five cents;	2591

(2) If the person is seventeen years of age or older, but	2592
less than eighteen years of age, a fee of six dollars;	2593

(3) If the person is eighteen years of age or older, but less	2594
than nineteen years of age, a fee of four dollars and seventy-five	2595
cents;	2596

(4) If the person is nineteen years of age or older, but less	2597
than twenty years of age, a fee of three dollars and fifty cents;	2598

(5) If the person is twenty years of age or older, but less	2599
than twenty-one years of age, a fee of two dollars and twenty-five	2600
cents.	2601

(F) Neither the registrar nor any deputy registrar shall	2602
charge a fee in excess of one dollar and fifty cents for	2603
laminating a driver's license, motorized bicycle license, or	2604
temporary instruction permit identification cards as required by	2605
sections 4507.13 and 4511.521 of the Revised Code. A deputy	2606
registrar laminating a driver's license, motorized bicycle	2607
license, or temporary instruction permit identification cards	2608
shall retain the entire amount of the fee charged for lamination,	2609
less the actual cost to the registrar of the laminating materials	2610
used for that lamination, as specified in the contract executed by	2611
the bureau for the laminating materials and laminating equipment.	2612
The deputy registrar shall forward the amount of the cost of the	2613
laminating materials to the registrar for deposit as provided in	2614
this section.	2615

(G) Except as provided in division (J)(I) of this section and	2616
except for the renewal of a driver's license, commencing on	2617
October 1, 2003, each transaction described in divisions (A), (B),	2618
(C), (D), and (E) of this section shall be accompanied by an	2619
additional fee of twelve dollars. A transaction involving the	2620
renewal of a driver's license with an expiration date on or after	2621
that date shall be accompanied by an additional fee of twelve	2622
dollars. The additional fee is for the purpose of defraying the	2623
department of public safety's costs associated with the	2624
administration and enforcement of the motor vehicle and traffic	2625
laws of Ohio.	2626

(H) Except as provided in division (J) of this section,	2627
commencing on October 1, 2009, if an application for a driver's	2628
license or motorcycle operator's endorsement made by a person who	2629
previously held such a license is not applied for within the	2630
period specified in section 4507.09 of the Revised Code or within	2631
seven days after the period so specified, the registrar or deputy	2632
registrar shall collect a fee of twenty dollars for the issuance	2633
of the driver's license or motorcycle endorsement, but may waive	2634
the fee for good cause shown if the application is accompanied by	2635
supporting evidence as the registrar may require. The fee shall be	2636
in addition to all other fees established by this section. A	2637
deputy registrar collecting this twenty dollar fee shall retain	2638
fifty cents and send the remaining fee to the registrar as	2639
specified in division (I) of this section.	2640

(I) At the time and in the manner provided by section 4503.10	2641
of the Revised Code, the deputy registrar shall transmit the fees	2642
collected under divisions (A), (B), (C), (D), and (E), those	2643
portions of the fees specified in and collected under division	2644
(F), and the additional fee under divisionsdivision (G) and (H)	2645
of this section to the registrar. The registrar shall pay two	2646
dollars and fifty cents of each fee collected under divisions (A),	2647
(B), (C)(1) and (2), (D), and (E)(1) to (4) of this section, and	2648
the entire fee collected under division (E)(5) of this section,	2649
into the state highway safety fund established in section 4501.06	2650
of the Revised Code, and such fees shall be used for the sole	2651
purpose of supporting driver licensing activities. The registrar	2652
also shall pay five dollars of each fee collected under division	2653
(C)(2) of this section and the entire fee collected under	2654
divisionsdivision (G) and (H) of this section into the state	2655
highway safety fund created in section 4501.06 of the Revised	2656
Code. The remaining fees collected by the registrar under this	2657
section shall be paid into the state bureau of motor vehicles fund	2658
established in section 4501.25 of the Revised Code.	2659

(J)(I) A disabled veteran who has a service-connected	2660
disability rated at one hundred per cent by the veterans'	2661
administration may apply to the registrar or a deputy registrar	2662
for the issuance to that veteran, without the payment of any fee	2663
prescribed in this section, of any of the following items:	2664

(1) A temporary instruction permit and examination;

2665

(2) A new, renewal, or duplicate driver's or commercial	2666
driver's license;	2667

(3) A motorcycle operator's endorsement;

2668

(4) A motorized bicycle license or duplicate thereof;

2669

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

2670

(6) Lamination of a driver's license, motorized bicycle	2671
license, or temporary instruction permit identification card as	2672
provided in division (F) of this section, if the circumstances	2673
specified in division (J)(6) of this section are met.	2674

A disabled veteran whose driver's license, motorized bicycle	2675
license, or temporary instruction permit identification card is	2676
laminated by the registrar or deputy registrar is not required to	2677
pay the registrar any lamination fee.	2678

An application made under division (J)(I) of this section	2679
shall be accompanied by such documentary evidence of disability as	2680
the registrar may require by rule.	2681

Sec. 4510.43.  (A)(1) The director of public safety, upon	2682
consultation with the director of health and in accordance with	2683
Chapter 119. of the Revised Code, shall certify immobilizing and	2684
disabling devices and, subject to section 4510.45 of the Revised	2685
Code, shall publish and make available to the courts, without	2686
charge, a list of licensed manufacturers of ignition interlock	2687
devices and approved devices together with information about the	2688
manufacturers of the devices and where they may be obtained. The	2689
manufacturer of an immobilizing or disabling device shall pay the	2690
cost of obtaining the certification of the device to the director	2691
of public safety, and the director shall deposit the payment in	2692
the drivers' treatment and interventionindigent drivers alcohol	2693
treatment fund established by sections 4511.19 andsection	2694
4511.191 of the Revised Code.	2695

(2) The director of public safety, in accordance with Chapter	2696
119. of the Revised Code, shall adopt and publish rules setting	2697
forth the requirements for obtaining the certification of an	2698
immobilizing or disabling device. The director of public safety	2699
shall not certify an immobilizing or disabling device under this	2700
section unless it meets the requirements specified and published	2701
by the director in the rules adopted pursuant to this division. A	2702
certified device may consist of an ignition interlock device, an	2703
ignition blocking device initiated by time or magnetic or	2704
electronic encoding, an activity monitor, or any other device that	2705
reasonably assures compliance with an order granting limited	2706
driving privileges. Ignition interlock devices shall be certified	2707
annually.	2708

The requirements for an immobilizing or disabling device that	2709
is an ignition interlock device shall require that the	2710
manufacturer of the device submit to the department of public	2711
safety a certificate from an independent testing laboratory	2712
indicating that the device meets or exceeds the standards of the	2713
national highway traffic safety administration, as defined in	2714
section 4511.19 of the Revised Code, that are in effect at the	2715
time of the director's decision regarding certification of the	2716
device, shall include provisions for setting a minimum and maximum	2717
calibration range, and shall include, but shall not be limited to,	2718
specifications that the device complies with all of the following:	2719

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

2720

(b) It has features that make circumvention difficult and	2721
that do not interfere with the normal use of the vehicle, and the	2722
features are operating and functioning.	2723

(c) It correlates well with established measures of alcohol	2724
impairment.	2725

(d) It works accurately and reliably in an unsupervised	2726
environment.	2727

(e) It is resistant to tampering and shows evidence of	2728
tampering if tampering is attempted.	2729

(f) It is difficult to circumvent and requires premeditation	2730
to do so.	2731

(g) It minimizes inconvenience to a sober user.

2732

(h) It requires a proper, deep-lung breath sample or other	2733
accurate measure of the concentration by weight of alcohol in the	2734
breath.	2735

(i) It operates reliably over the range of automobile	2736
environments.	2737

(j) It is made by a manufacturer who is covered by product	2738
liability insurance.	2739

(3) The director of public safety may adopt, in whole or in	2740
part, the guidelines, rules, regulations, studies, or independent	2741
laboratory tests performed and relied upon by other states, or	2742
their agencies or commissions, in the certification or approval of	2743
immobilizing or disabling devices.	2744

(4) The director of public safety shall adopt rules in	2745
accordance with Chapter 119. of the Revised Code for the design of	2746
a warning label that shall be affixed to each immobilizing or	2747
disabling device upon installation. The label shall contain a	2748
warning that any person tampering, circumventing, or otherwise	2749
misusing the device is subject to a fine, imprisonment, or both	2750
and may be subject to civil liability.	2751

(B) A court considering the use of a prototype device in a	2752
pilot program shall advise the director of public safety, thirty	2753
days before the use, of the prototype device and its protocol,	2754
methodology, manufacturer, and licensor, lessor, other agent, or	2755
owner, and the length of the court's pilot program. A prototype	2756
device shall not be used for a violation of section 4510.14 or	2757
4511.19 of the Revised Code, a violation of a municipal OVI	2758
ordinance, or in relation to a suspension imposed under section	2759
4511.191 of the Revised Code. A court that uses a prototype device	2760
in a pilot program, periodically during the existence of the	2761
program and within fourteen days after termination of the program,	2762
shall report in writing to the director of public safety regarding	2763
the effectiveness of the prototype device and the program.	2764

(C) If a person has been granted limited driving privileges	2765
with a condition of the privileges being that the motor vehicle	2766
that is operated under the privileges must be equipped with an	2767
immobilizing or disabling device, the person may operate a motor	2768
vehicle that is owned by the person's employer only if the person	2769
is required to operate that motor vehicle in the course and scope	2770
of the offender's employment. Such a person may operate that	2771
vehicle without the installation of an immobilizing or disabling	2772
device, provided that the employer has been notified that the	2773
person has limited driving privileges and of the nature of the	2774
restriction and further provided that the person has proof of the	2775
employer's notification in the person's possession while operating	2776
the employer's vehicle for normal business duties. A motor vehicle	2777
owned by a business that is partly or entirely owned or controlled	2778
by a person with limited driving privileges is not a motor vehicle	2779
owned by an employer, for purposes of this division.	2780

Sec. 4511.108. The director of transportation shall adopt	2781
rules under Chapter 119. of the Revised Code to establish a	2782
traffic generator sign program and shall set forth in the traffic	2783
engineering manual the specifications for a uniform system of	2784
traffic generator signs and the criteria for participation in the	2785
program. The department of transportation shall operate,	2786
construct, and maintain the program. The director shall establish,	2787
and may revise at any time, an annual fee to be charged for a	2788
qualifying private business to participateparticipation in the	2789
traffic generator sign program. Money paid by the qualifying	2790
private businessprogram participants shall be remitted to the	2791
departmentdeposited into the state treasury to the credit of the	2792
highway operating fund.	2793

The director may contract with any person that applies to	2794
operate, construct, maintain, or market the traffic generator sign	2795
program. The contract may allow for a reasonable profit to be	2796
earned by the successful applicant. In awarding the contract, the	2797
director may consider the skill, expertise, prior experience, and	2798
other qualifications of each applicant.	2799

If the director determines that the department shall operate	2800
this program, all money collected from program participants shall	2801
be deposited and credited as prescribed in this section.	2802

Sec. 4511.53.  (A) For purposes of this section, "snowmobile"	2803
has the same meaning as given that term in section 4519.01 of the	2804
Revised Code.	2805

(B) No person operating a bicycle shall ride other than upon	2806
or astride the permanent and regular seat attached thereto or	2807
carry any other person upon such bicycle other than upon a firmly	2808
attached and regular seat thereon, and no person shall ride upon a	2809
bicycle other than upon such a firmly attached and regular seat.	2810

No person operating a motorcycle shall ride other than upon	2811
or astride the permanent and regular seat or saddle attached	2812
thereto, or carry any other person upon such motorcycle other than	2813
upon a firmly attached and regular seat or saddle thereon, and no	2814
person shall ride upon a motorcycle other than upon such a firmly	2815
attached and regular seat or saddle.	2816

No person shall ride upon a motorcycle that is equipped with	2817
a saddle other than while sitting astride the saddle, facing	2818
forward, with one leg on each side of the motorcycle.	2819

No person shall ride upon a motorcycle that is equipped with	2820
a seat other than while sitting upon the seat.	2821

No person operating a bicycle shall carry any package,	2822
bundle, or article that prevents the driver from keeping at least	2823
one hand upon the handle bars.	2824

No bicycle or motorcycle shall be used to carry more persons	2825
at one time than the number for which it is designed and equipped,	2826
nor shall any motorcycle be operated on a highway when the handle	2827
bars or grips are more than fifteen inches higher than the seat or	2828
saddle for the operator.	2829

No person shall operate or be a passenger on a snowmobile or	2830
motorcycle without using safety glasses or other protective eye	2831
device. No person who is under the age of eighteen years, or who	2832
holds a motorcycle operator's endorsement or license bearing a	2833
"novice" designation that is currently in effect as provided in	2834
section 4507.13 of the Revised Code, shall operate a motorcycle on	2835
a highway, or be a passenger on a motorcycle, unless wearing a	2836
protective helmet on the person's head, and no other person shall	2837
be a passenger on a motorcycle operated by such a person unless	2838
similarly wearing a protective helmet. The helmet, safety glasses,	2839
or other protective eye device shall conform with regulations	2840
prescribed and promulgatedrules adopted by the director of public	2841
safety. The provisions of this paragraph or a violation thereof	2842
shall not be used in the trial of any civil action.	2843

(C)(1) No person shall operate a motorcycle with a valid	2844
temporary instruction permit and temporary instruction permit	2845
identification card issued by the registrar of motor vehicles	2846
pursuant to section 4507.05 of the Revised Code unless the person,	2847
at the time of such operation, is wearing on the person's head a	2848
protective helmet that conforms with rules adopted by the	2849
director.	2850

(2) No person shall operate a motorcycle with a valid	2851
temporary instruction permit and temporary instruction permit	2852
identification card issued by the registrar pursuant to section	2853
4507.05 of the Revised Code in any of the following circumstances:	2854

(a) At any time when lighted lights are required by division	2855
(A)(1) of section 4513.03 of the Revised Code;	2856

(b) While carrying a passenger;

2857

(c) On any limited access highway.

2858

(D) Nothing in this section shall be construed as prohibiting	2859
the carrying of a child in a seat or trailer that is designed for	2860
carrying children and is firmly attached to the bicycle.	2861

(D)(E) Except as otherwise provided in this division, whoever	2862
violates this section is guilty of a minor misdemeanor. If, within	2863
one year of the offense, the offender previously has been	2864
convicted of or pleaded guilty to one predicate motor vehicle or	2865
traffic offense, whoever violates this section is guilty of a	2866
misdemeanor of the fourth degree. If, within one year of the	2867
offense, the offender previously has been convicted of two or more	2868
predicate motor vehicle or traffic offenses, whoever violates this	2869
section is guilty of a misdemeanor of the third degree.	2870

Sec. 4511.69.  (A) Every vehicle stopped or parked upon a	2871
roadway where there is an adjacent curb shall be stopped or parked	2872
with the right-hand wheels of the vehicle parallel with and not	2873
more than twelve inches from the right-hand curb, unless it is	2874
impossible to approach so close to the curb; in such case the stop	2875
shall be made as close to the curb as possible and only for the	2876
time necessary to discharge and receive passengers or to load or	2877
unload merchandise. Local authorities by ordinance may permit	2878
angle parking on any roadway under their jurisdiction, except that	2879
angle parking shall not be permitted on a state route within a	2880
municipal corporation unless an unoccupied roadway width of not	2881
less than twenty-five feet is available for free-moving traffic.	2882

(B) Local authorities by ordinance may permit parking of	2883
vehicles with the left-hand wheels adjacent to and within twelve	2884
inches of the left-hand curb of a one-way roadway.	2885

(C) No(1) Except as provided in division (C)(2) of this	2886
section, no vehicle or trackless trolley shall be stopped or	2887
parked on a road or highway with the vehicle or trackless trolley	2888
facing in a direction other than the direction of travel on that	2889
side of the road or highway.	2890

(2) The operator of a motorcycle may back the motorcycle into	2891
an angled parking space so that when the motorcycle is parked it	2892
is facing in a direction other than the direction of travel on the	2893
side of the road or highway.	2894

(D) Notwithstanding any statute or any rule, resolution, or	2895
ordinance adopted by any local authority, air compressors,	2896
tractors, trucks, and other equipment, while being used in the	2897
construction, reconstruction, installation, repair, or removal of	2898
facilities near, on, over, or under a street or highway, may stop,	2899
stand, or park where necessary in order to perform such work,	2900
provided a flagperson is on duty or warning signs or lights are	2901
displayed as may be prescribed by the director of transportation.	2902

(E) Special parking locations and privileges for persons with	2903
disabilities that limit or impair the ability to walk, also known	2904
as handicapped parking spaces or disability parking spaces, shall	2905
be provided and designated by all political subdivisions and by	2906
the state and all agencies and instrumentalities thereof at all	2907
offices and facilities, where parking is provided, whether owned,	2908
rented, or leased, and at all publicly owned parking garages. The	2909
locations shall be designated through the posting of an elevated	2910
sign, whether permanently affixed or movable, imprinted with the	2911
international symbol of access and shall be reasonably close to	2912
exits, entrances, elevators, and ramps. All elevated signs posted	2913
in accordance with this division and division (C) of section	2914
3781.111 of the Revised Code shall be mounted on a fixed or	2915
movable post, and the distance from the ground to the top edge of	2916
the sign shall measure five feet. If a new sign or a replacement	2917
sign designating a special parking location is posted on or after	2918
October 14, 1999, there also shall be affixed upon the surface of	2919
that sign or affixed next to the designating sign a notice that	2920
states the fine applicable for the offense of parking a motor	2921
vehicle in the special designated parking location if the motor	2922
vehicle is not legally entitled to be parked in that location.	2923

(F)(1) No person shall stop, stand, or park any motor vehicle	2924
at special parking locations provided under division (E) of this	2925
section or at special clearly marked parking locations provided in	2926
or on privately owned parking lots, parking garages, or other	2927
parking areas and designated in accordance with that division,	2928
unless one of the following applies:	2929

(a) The motor vehicle is being operated by or for the	2930
transport of a person with a disability that limits or impairs the	2931
ability to walk and is displaying a valid removable windshield	2932
placard or special license plates;	2933

(b) The motor vehicle is being operated by or for the	2934
transport of a handicapped person and is displaying a parking card	2935
or special handicapped license plates.	2936

(2) Any motor vehicle that is parked in a special marked	2937
parking location in violation of division (F)(1)(a) or (b) of this	2938
section may be towed or otherwise removed from the parking	2939
location by the law enforcement agency of the political	2940
subdivision in which the parking location is located. A motor	2941
vehicle that is so towed or removed shall not be released to its	2942
owner until the owner presents proof of ownership of the motor	2943
vehicle and pays all towing and storage fees normally imposed by	2944
that political subdivision for towing and storing motor vehicles.	2945
If the motor vehicle is a leased vehicle, it shall not be released	2946
to the lessee until the lessee presents proof that that person is	2947
the lessee of the motor vehicle and pays all towing and storage	2948
fees normally imposed by that political subdivision for towing and	2949
storing motor vehicles.	2950

(3) If a person is charged with a violation of division	2951
(F)(1)(a) or (b) of this section, it is an affirmative defense to	2952
the charge that the person suffered an injury not more than	2953
seventy-two hours prior to the time the person was issued the	2954
ticket or citation and that, because of the injury, the person	2955
meets at least one of the criteria contained in division (A)(1) of	2956
section 4503.44 of the Revised Code.	2957

(G) When a motor vehicle is being operated by or for the	2958
transport of a person with a disability that limits or impairs the	2959
ability to walk and is displaying a removable windshield placard	2960
or a temporary removable windshield placard or special license	2961
plates, or when a motor vehicle is being operated by or for the	2962
transport of a handicapped person and is displaying a parking card	2963
or special handicapped license plates, the motor vehicle is	2964
permitted to park for a period of two hours in excess of the legal	2965
parking period permitted by local authorities, except where local	2966
ordinances or police rules provide otherwise or where the vehicle	2967
is parked in such a manner as to be clearly a traffic hazard.	2968

(H) No owner of an office, facility, or parking garage where	2969
special parking locations are required to be designated in	2970
accordance with division (E) of this section shall fail to	2971
properly mark the special parking locations in accordance with	2972
that division or fail to maintain the markings of the special	2973
locations, including the erection and maintenance of the fixed or	2974
movable signs.	2975

(I) Nothing in this section shall be construed to require a	2976
person or organization to apply for a removable windshield placard	2977
or special license plates if the parking card or special license	2978
plates issued to the person or organization under prior law have	2979
not expired or been surrendered or revoked.	2980

(J)(1) Whoever violates division (A) or (C) of this section	2981
is guilty of a minor misdemeanor.	2982

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	2983
section is guilty of a misdemeanor and shall be punished as	2984
provided in division (J)(2)(a) and (b) of this section. Except as	2985
otherwise provided in division (J)(2)(a) of this section, an	2986
offender who violates division (F)(1)(a) or (b) of this section	2987
shall be fined not less than two hundred fifty nor more than five	2988
hundred dollars. An offender who violates division (F)(1)(a) or	2989
(b) of this section shall be fined not more than one hundred	2990
dollars if the offender, prior to sentencing, proves either of the	2991
following to the satisfaction of the court:	2992

(i) At the time of the violation of division (F)(1)(a) of	2993
this section, the offender or the person for whose transport the	2994
motor vehicle was being operated had been issued a removable	2995
windshield placard that then was valid or special license plates	2996
that then were valid but the offender or the person neglected to	2997
display the placard or license plates as described in division	2998
(F)(1)(a) of this section.	2999

(ii) At the time of the violation of division (F)(1)(b) of	3000
this section, the offender or the person for whose transport the	3001
motor vehicle was being operated had been issued a parking card	3002
that then was valid or special handicapped license plates that	3003
then were valid but the offender or the person neglected to	3004
display the card or license plates as described in division	3005
(F)(1)(b) of this section.	3006

(b) In no case shall an offender who violates division	3007
(F)(1)(a) or (b) of this section be sentenced to any term of	3008
imprisonment.	3009

An arrest or conviction for a violation of division (F)(1)(a)	3010
or (b) of this section does not constitute a criminal record and	3011
need not be reported by the person so arrested or convicted in	3012
response to any inquiries contained in any application for	3013
employment, license, or other right or privilege, or made in	3014
connection with the person's appearance as a witness.	3015

The clerk of the court shall pay every fine collected under	3016
division (J)(2) of this section to the political subdivision in	3017
which the violation occurred. Except as provided in division	3018
(J)(2) of this section, the political subdivision shall use the	3019
fine moneys it receives under division (J)(2) of this section to	3020
pay the expenses it incurs in complying with the signage and	3021
notice requirements contained in division (E) of this section. The	3022
political subdivision may use up to fifty per cent of each fine it	3023
receives under division (J)(2) of this section to pay the costs of	3024
educational, advocacy, support, and assistive technology programs	3025
for persons with disabilities, and for public improvements within	3026
the political subdivision that benefit or assist persons with	3027
disabilities, if governmental agencies or nonprofit organizations	3028
offer the programs.	3029

(3) Whoever violates division (H) of this section shall be	3030
punished as follows:	3031

(a) Except as otherwise provided in division (J)(3) of this	3032
section, the offender shall be issued a warning.	3033

(b) If the offender previously has been convicted of or	3034
pleaded guilty to a violation of division (H) of this section or	3035
of a municipal ordinance that is substantially similar to that	3036
division, the offender shall not be issued a warning but shall be	3037
fined not more than twenty-five dollars for each parking location	3038
that is not properly marked or whose markings are not properly	3039
maintained.	3040

(K) As used in this section:

3041

(1) "Handicapped person" means any person who has lost the	3042
use of one or both legs or one or both arms, who is blind, deaf,	3043
or so severely handicapped as to be unable to move without the aid	3044
of crutches or a wheelchair, or whose mobility is restricted by a	3045
permanent cardiovascular, pulmonary, or other handicapping	3046
condition.	3047

(2) "Person with a disability that limits or impairs the	3048
ability to walk" has the same meaning as in section 4503.44 of the	3049
Revised Code.	3050

(3) "Special license plates" and "removable windshield	3051
placard" mean any license plates or removable windshield placard	3052
or temporary removable windshield placard issued under section	3053
4503.41 or 4503.44 of the Revised Code, and also mean any	3054
substantially similar license plates or removable windshield	3055
placard or temporary removable windshield placard issued by a	3056
state, district, country, or sovereignty.	3057

Sec. 4513.24.  (A) No person shall drive any motor vehicle on	3058
a street or highway in this state, other than a motorcycle or	3059
motorized bicycle, that is not equipped with a windshield.	3060

(B)(1) No person shall drive any motor vehicle, other than a	3061
bus, with any sign, poster, or other nontransparent material upon	3062
the front windshield, sidewings, side, or rear windows of such	3063
vehicle other than a certificate or other paper required to be	3064
displayed by law, except that there may be in the lower left-hand	3065
or right-hand corner of the windshield a sign, poster, or decal	3066
not to exceed four inches in height by six inches in width. No	3067
sign, poster, or decal shall be displayed in the front windshield	3068
in such a manner as to conceal the vehicle identification number	3069
for the motor vehicle when, in accordance with federal law, that	3070
number is located inside the vehicle passenger compartment and so	3071
placed as to be readable through the vehicle glazing without	3072
moving any part of the vehicle.	3073

(2) Division (B)(1) of this section does not apply to a	3074
person who is driving a passenger car with an electronic device,	3075
including an antenna, electronic tolling or other transponder,	3076
camera, directional navigation device, or other similar electronic	3077
device located in the front windshield if the device meets both of	3078
the following:	3079

(a) It does not restrict the vehicle operator's sight lines	3080
to the road and highway signs and signals.	3081

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

3082

(3) Division (B)(1) of this section does not apply to a	3083
person who is driving a commercial car with an electronic device,	3084
including an antenna, electronic tolling or other transponder,	3085
camera, directional navigation device, or other similar electronic	3086
device located in the front windshield if the device meets both of	3087
the following:	3088

(a) It does not restrict the vehicle operator's sight lines	3089
to the road and highway signs and signals.	3090

(b) It is mounted not more than six inches below the upper	3091
edge of the windshield and is outside the area swept by the	3092
vehicle's windshield wipers.	3093

(C) The windshield on every motor vehicle, streetcar, and	3094
trackless trolley shall be equipped with a device for cleaning	3095
rain, snow, or other moisture from the windshield. The device	3096
shall be maintained in good working order and so constructed as to	3097
be controlled or operated by the operator of the vehicle,	3098
streetcar, or trackless trolley.	3099

(D) Whoever violates this section is guilty of a minor	3100
misdemeanor.	3101

Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of the	3102
Revised Code:	3103

(A) "Persons" includes individuals, firms, partnerships,	3104
associations, joint stock companies, corporations, and any	3105
combinations of individuals.	3106

(B) "Motor vehicle" means motor vehicle as defined in section	3107
4501.01 of the Revised Code and also includes "all-purpose	3108
vehicle" and "off-highway motorcycle" as those terms are defined	3109
in section 4519.01 of the Revised Code. "Motor vehicle" does not	3110
include a snowmobile as defined in section 4519.01 of the Revised	3111
Code or manufactured and mobile homes.	3112

(C) "New motor vehicle" means a motor vehicle, the legal	3113
title to which has never been transferred by a manufacturer,	3114
remanufacturer, distributor, or dealer to an ultimate purchaser.	3115

(D) "Ultimate purchaser" means, with respect to any new motor	3116
vehicle, the first person, other than a dealer purchasing in the	3117
capacity of a dealer, who in good faith purchases such new motor	3118
vehicle for purposes other than resale.	3119

(E) "Business" includes any activities engaged in by any	3120
person for the object of gain, benefit, or advantage either direct	3121
or indirect.	3122

(F) "Engaging in business" means commencing, conducting, or	3123
continuing in business, or liquidating a business when the	3124
liquidator thereof holds self out to be conducting such business;	3125
making a casual sale or otherwise making transfers in the ordinary	3126
course of business when the transfers are made in connection with	3127
the disposition of all or substantially all of the transferor's	3128
assets is not engaging in business.	3129

(G) "Retail sale" or "sale at retail" means the act or	3130
attempted act of selling, bartering, exchanging, or otherwise	3131
disposing of a motor vehicle to an ultimate purchaser for use as a	3132
consumer.	3133

(H) "Retail installment contract" includes any contract in	3134
the form of a note, chattel mortgage, conditional sales contract,	3135
lease, agreement, or other instrument payable in one or more	3136
installments over a period of time and arising out of the retail	3137
sale of a motor vehicle.	3138

(I) "Farm machinery" means all machines and tools used in the	3139
production, harvesting, and care of farm products.	3140

(J) "Dealer" or "motor vehicle dealer" means any new motor	3141
vehicle dealer, any motor vehicle leasing dealer, and any used	3142
motor vehicle dealer.	3143

(K) "New motor vehicle dealer" means any person engaged in	3144
the business of selling at retail, displaying, offering for sale,	3145
or dealing in new motor vehicles pursuant to a contract or	3146
agreement entered into with the manufacturer, remanufacturer, or	3147
distributor of the motor vehicles.	3148

(L) "Used motor vehicle dealer" means any person engaged in	3149
the business of selling, displaying, offering for sale, or dealing	3150
in used motor vehicles, at retail or wholesale, but does not mean	3151
any new motor vehicle dealer selling, displaying, offering for	3152
sale, or dealing in used motor vehicles incidentally to engaging	3153
in the business of selling, displaying, offering for sale, or	3154
dealing in new motor vehicles, any person engaged in the business	3155
of dismantling, salvaging, or rebuilding motor vehicles by means	3156
of using used parts, or any public officer performing official	3157
duties.	3158

(M) "Motor vehicle leasing dealer" means any person engaged	3159
in the business of regularly making available, offering to make	3160
available, or arranging for another person to use a motor vehicle	3161
pursuant to a bailment, lease, sublease, or other contractual	3162
arrangement under which a charge is made for its use at a periodic	3163
rate for a term of thirty days or more, and title to the motor	3164
vehicle is in and remains in the motor vehicle leasing dealer who	3165
originally leases it, irrespective of whether or not the motor	3166
vehicle is the subject of a later sublease, and not in the user,	3167
but does not mean a manufacturer or its affiliate leasing to its	3168
employees or to dealers.	3169

(N) "Salesperson" means any person employed by a dealer or	3170
manufactured home broker to sell, display, and offer for sale, or	3171
deal in motor vehicles for a commission, compensation, or other	3172
valuable consideration, but does not mean any public officer	3173
performing official duties.	3174

(O) "Casual sale" means any transfer of a motor vehicle by a	3175
person other than a new motor vehicle dealer, used motor vehicle	3176
dealer, motor vehicle salvage dealer, as defined in division (A)	3177
of section 4738.01 of the Revised Code, salesperson, motor vehicle	3178
auction owner, manufacturer, or distributor acting in the capacity	3179
of a dealer, salesperson, auction owner, manufacturer, or	3180
distributor, to a person who purchases the motor vehicle for use	3181
as a consumer.	3182

(P) "Motor vehicle show" means a display of current models of	3183
motor vehicles whereby the primary purpose is the exhibition of	3184
competitive makes and models in order to provide the general	3185
public the opportunity to review and inspect various makes and	3186
models of motor vehicles at a single location.	3187

(Q) "Motor vehicle auction owner" means any person who is	3188
engaged wholly or in part in the business of auctioning motor	3189
vehicles, but does not mean a construction equipment auctioneer or	3190
a construction equipment auction licensee.	3191

(R) "Manufacturer" means a person who manufactures,	3192
assembles, or imports motor vehicles, including motor homes, but	3193
does not mean a person who only assembles or installs a body,	3194
special equipment unit, finishing trim, or accessories on a motor	3195
vehicle chassis supplied by a manufacturer or distributor.	3196

(S) "Tent-type fold-out camping trailer" means any vehicle	3197
intended to be used, when stationary, as a temporary shelter with	3198
living and sleeping facilities, and that is subject to the	3199
following properties and limitations:	3200

(1) A minimum of twenty-five per cent of the fold-out portion	3201
of the top and sidewalls combined must be constructed of canvas,	3202
vinyl, or other fabric, and form an integral part of the shelter.	3203

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

3204

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

3205

(b) Sixty inches in height from the point of contact with the	3206
ground;	3207

(c) Eight feet in width;

3208

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

3209

(T) "Distributor" means any person authorized by a motor	3210
vehicle manufacturer to distribute new motor vehicles to licensed	3211
new motor vehicle dealers, but does not mean a person who only	3212
assembles or installs a body, special equipment unit, finishing	3213
trim, or accessories on a motor vehicle chassis supplied by a	3214
manufacturer or distributor.	3215

(U) "Flea market" means a market place, other than a dealer's	3216
location licensed under this chapter, where a space or location is	3217
provided for a fee or compensation to a seller to exhibit and	3218
offer for sale or trade, motor vehicles to the general public.	3219

(V) "Franchise" means any written agreement, contract, or	3220
understanding between any motor vehicle manufacturer or	3221
remanufacturer engaged in commerce and any motor vehicle dealer	3222
that purports to fix the legal rights and liabilities of the	3223
parties to such agreement, contract, or understanding.	3224

(W) "Franchisee" means a person who receives new motor	3225
vehicles from the franchisor under a franchise agreement and who	3226
offers, sells, and provides service for such new motor vehicles to	3227
the general public.	3228

(X) "Franchisor" means a new motor vehicle manufacturer,	3229
remanufacturer, or distributor who supplies new motor vehicles	3230
under a franchise agreement to a franchisee.	3231

(Y) "Dealer organization" means a state or local trade	3232
association the membership of which is comprised predominantly of	3233
new motor vehicle dealers.	3234

(Z) "Factory representative" means a representative employed	3235
by a manufacturer, remanufacturer, or by a factory branch	3236
primarily for the purpose of promoting the sale of its motor	3237
vehicles, parts, or accessories to dealers or for supervising or	3238
contacting its dealers or prospective dealers.	3239

(AA) "Administrative or executive management" means those	3240
individuals who are not subject to federal wage and hour laws.	3241

(BB) "Good faith" means honesty in the conduct or transaction	3242
concerned and the observance of reasonable commercial standards of	3243
fair dealing in the trade as is defined in division (S) of section	3244
1301.01 of the Revised Code, including, but not limited to, the	3245
duty to act in a fair and equitable manner so as to guarantee	3246
freedom from coercion, intimidation, or threats of coercion or	3247
intimidation; provided however, that recommendation, endorsement,	3248
exposition, persuasion, urging, or argument shall not be	3249
considered to constitute a lack of good faith.	3250

(CC) "Coerce" means to compel or attempt to compel by failing	3251
to act in good faith or by threat of economic harm, breach of	3252
contract, or other adverse consequences. Coerce does not mean to	3253
argue, urge, recommend, or persuade.	3254

(DD) "Relevant market area" means any area within a radius of	3255
ten miles from the site of a potential new dealership, except that	3256
for manufactured home or recreational vehicle dealerships the	3257
radius shall be twenty-five miles. The ten-mile radius shall be	3258
measured from the dealer's established place of business that is	3259
used exclusively for the purpose of selling, displaying, offering	3260
for sale, or dealing in motor vehicles.	3261

(EE) "Wholesale" or "at wholesale" means the act or attempted	3262
act of selling, bartering, exchanging, or otherwise disposing of a	3263
motor vehicle to a transferee for the purpose of resale and not	3264
for ultimate consumption by that transferee.	3265

(FF) "Motor vehicle wholesaler" means any person licensed as	3266
a dealer under the laws of another state and engaged in the	3267
business of selling, displaying, or offering for sale used motor	3268
vehicles, at wholesale, but does not mean any motor vehicle dealer	3269
as defined in this section.	3270

(GG)(1) "Remanufacturer" means a person who assembles or	3271
installs passenger seating, walls, a roof elevation, or a body	3272
extension on a conversion van with the motor vehicle chassis	3273
supplied by a manufacturer or distributor, a person who modifies a	3274
truck chassis supplied by a manufacturer or distributor for use as	3275
a public safety or public service vehicle, a person who modifies a	3276
motor vehicle chassis supplied by a manufacturer or distributor	3277
for use as a limousine or hearse, or a person who modifies an	3278
incomplete motor vehicle cab and chassis supplied by a new motor	3279
vehicle dealer or distributor for use as a tow truck, but does not	3280
mean either of the following:	3281

(a) A person who assembles or installs passenger seating, a	3282
roof elevation, or a body extension on a recreational vehicle as	3283
defined in division (Q) and referred to in division (B) of section	3284
4501.01 of the Revised Code;	3285

(b) A person who assembles or installs special equipment or	3286
accessories for handicapped persons, as defined in section 4503.44	3287
of the Revised Code, upon a motor vehicle chassis supplied by a	3288
manufacturer or distributor.	3289

(2) For the purposes of division (GG)(1) of this section,	3290
"public safety vehicle or public service vehicle" means a fire	3291
truck, ambulance, school bus, street sweeper, garbage packing	3292
truck, or cement mixer, or a mobile self-contained facility	3293
vehicle.	3294

(3) For the purposes of division (GG)(1) of this section,	3295
"limousine" means a motor vehicle, designed only for the purpose	3296
of carrying nine or fewer passengers, that a person modifies by	3297
cutting the original chassis, lengthening the wheelbase by forty	3298
inches or more, and reinforcing the chassis in such a way that all	3299
modifications comply with all applicable federal motor vehicle	3300
safety standards. No person shall qualify as or be deemed to be a	3301
remanufacturer who produces limousines unless the person has a	3302
written agreement with the manufacturer of the chassis the person	3303
utilizes to produce the limousines to complete properly the	3304
remanufacture of the chassis into limousines.	3305

(4) For the purposes of division (GG)(1) of this section,	3306
"hearse" means a motor vehicle, designed only for the purpose of	3307
transporting a single casket, that is equipped with a compartment	3308
designed specifically to carry a single casket that a person	3309
modifies by cutting the original chassis, lengthening the	3310
wheelbase by ten inches or more, and reinforcing the chassis in	3311
such a way that all modifications comply with all applicable	3312
federal motor vehicle safety standards. No person shall qualify as	3313
or be deemed to be a remanufacturer who produces hearses unless	3314
the person has a written agreement with the manufacturer of the	3315
chassis the person utilizes to produce the hearses to complete	3316
properly the remanufacture of the chassis into hearses.	3317

(5) For the purposes of division (GG)(1) of this section,	3318
"mobile self-contained facility vehicle" means a mobile classroom	3319
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	3320
testing laboratory, and mobile display vehicle, each of which is	3321
designed for purposes other than for passenger transportation and	3322
other than the transportation or displacement of cargo, freight,	3323
materials, or merchandise. A vehicle is remanufactured into a	3324
mobile self-contained facility vehicle in part by the addition of	3325
insulation to the body shell, and installation of all of the	3326
following: a generator, electrical wiring, plumbing, holding	3327
tanks, doors, windows, cabinets, shelving, and heating,	3328
ventilating, and air conditioning systems.	3329

(6) For the purposes of division (GG)(1) of this section,	3330
"tow truck" means both of the following:	3331

(a) An incomplete cab and chassis that are purchased by a	3332
remanufacturer from a new motor vehicle dealer or distributor of	3333
the cab and chassis and on which the remanufacturer then installs	3334
in a permanent manner a wrecker body it purchases from a	3335
manufacturer or distributor of wrecker bodies, installs an	3336
emergency flashing light pylon and emergency lights upon the mast	3337
of the wrecker body or rooftop, and installs such other related	3338
accessories and equipment, including push bumpers, front grille	3339
guards with pads and other custom-ordered items such as painting,	3340
special lettering, and safety striping so as to create a complete	3341
motor vehicle capable of lifting and towing another motor vehicle.	3342

(b) An incomplete cab and chassis that are purchased by a	3343
remanufacturer from a new motor vehicle dealer or distributor of	3344
the cab and chassis and on which the remanufacturer then installs	3345
in a permanent manner a car carrier body it purchases from a	3346
manufacturer or distributor of car carrier bodies, installs an	3347
emergency flashing light pylon and emergency lights upon the	3348
rooftop, and installs such other related accessories and	3349
equipment, including push bumpers, front grille guards with pads	3350
and other custom-ordered items such as painting, special	3351
lettering, and safety striping.	3352

As used in division (GG)(6)(b) of this section, "car carrier	3353
body" means a mechanical or hydraulic apparatus capable of lifting	3354
and holding a motor vehicle on a flat level surface so that one or	3355
more motor vehicles can be transported, once the car carrier is	3356
permanently installed upon an incomplete cab and chassis.	3357

(HH) "Operating as a new motor vehicle dealership" means	3358
engaging in activities such as displaying, offering for sale, and	3359
selling new motor vehicles at retail, operating a service facility	3360
to perform repairs and maintenance on motor vehicles, offering for	3361
sale and selling motor vehicle parts at retail, and conducting all	3362
other acts that are usual and customary to the operation of a new	3363
motor vehicle dealership. For the purposes of this chapter only,	3364
possession of either a valid new motor vehicle dealer franchise	3365
agreement or a new motor vehicle dealers license, or both of these	3366
items, is not evidence that a person is operating as a new motor	3367
vehicle dealership.	3368

(II) "Outdoor power equipment" means garden and small utility	3369
tractors, walk-behind and riding mowers, chainsaws, and tillers.	3370

(JJ) "Remote service facility" means premises that are	3371
separate from a licensed new motor vehicle dealer's sales facility	3372
by not more than one mile and that are used by the dealer to	3373
perform repairs, warranty work, recall work, and maintenance on	3374
motor vehicles pursuant to a franchise agreement entered into with	3375
a manufacturer of motor vehicles. A remote service facility shall	3376
be deemed to be part of the franchise agreement and is subject to	3377
all the rights, duties, obligations, and requirements of Chapter	3378
4517. of the Revised Code that relate to the performance of motor	3379
vehicle repairs, warranty work, recall work, and maintenance work	3380
by new motor vehicle dealers.	3381

(KK) "Recreational vehicle" has the same meaning as in	3382
section 4501.01 of the Revised Code.	3383

(LL) "Construction equipment auctioneer" means a person who	3384
holds both a valid auctioneer's license issued under Chapter 4707.	3385
of the Revised Code and a valid construction equipment auction	3386
license issued under this chapter.	3387

(MM) "Large construction or transportation equipment" means	3388
vehicles having a gross vehicle weight rating of more than ten	3389
thousand pounds and includes road rollers, traction engines, power	3390
shovels, power cranes, commercial cars and trucks, or farm trucks,	3391
and other similar vehicles obtained primarily from the	3392
construction, mining, transportation or farming industries.	3393

Sec. 4517.02.  (A) Except as otherwise provided in this	3394
section, no person shall do any of the following:	3395

(1) Engage in the business of displaying or selling at retail	3396
new motor vehicles or assume to engage in that business, unless	3397
the person is licensed as a new motor vehicle dealer under	3398
sections 4517.01 to 4517.45 of the Revised Code, or is a	3399
salesperson licensed under those sections and employed by a	3400
licensed new motor vehicle dealer;	3401

(2) Engage in the business of offering for sale, displaying	3402
for sale, or selling at retail or wholesale used motor vehicles or	3403
assume to engage in that business, unless the person is licensed	3404
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	3405
or is a salesperson licensed under those sections and employed by	3406
a licensed used motor vehicle dealer or licensed new motor vehicle	3407
dealer, or the person holds a construction equipment auction	3408
license issued under section 4517.17 of the Revised Code;	3409

(3) Engage in the business of regularly making available,	3410
offering to make available, or arranging for another person to use	3411
a motor vehicle, in the manner described in division (M) of	3412
section 4517.01 of the Revised Code, unless the person is licensed	3413
as a motor vehicle leasing dealer under sections 4517.01 to	3414
4517.45 of the Revised Code;	3415

(4) Engage in the business of motor vehicle auctioning or	3416
assume to engage in that business, unless the person is licensed	3417
as a motor vehicle auction owner under sections 4517.01 to 4517.45	3418
of the Revised Code and the person uses an auctioneer who is	3419
licensed under Chapter 4707. of the Revised Code to conduct the	3420
motor vehicle auctions or the person holds a construction	3421
equipment auction license issued under section 4517.17 of the	3422
Revised Code;	3423

(5) Engage in the business of distributing motor vehicles or	3424
assume to engage in that business, unless the person is licensed	3425
as a distributor under sections 4517.01 to 4517.45 of the Revised	3426
Code;	3427

(6) Make more than five casual sales of motor vehicles in a	3428
twelve-month period, commencing with the day of the month in which	3429
the first such sale is made, nor provide a location or space for	3430
the sale of motor vehicles at a flea market, without obtaining a	3431
license as a dealer under sections 4517.01 to 4517.45 of the	3432
Revised Code, provided that nothing in this section shall be	3433
construed to prohibit the disposition without a license of a motor	3434
vehicle originally acquired and held for purposes other than sale,	3435
rental, or lease to an employee, retiree, officer, or director of	3436
the person making the disposition, to a corporation affiliated	3437
with the person making the disposition, or to a person licensed	3438
under sections 4517.01 to 4517.45 of the Revised Code;	3439

(7) Engage in the business of auctioning large construction	3440
or transportation equipment and motor vehicles incident thereto,	3441
unless the person is a construction equipment auctioneer or the	3442
person is licensed as a motor vehicle auction owner and the person	3443
uses an auctioneer who is licensed under Chapter 4707. of the	3444
Revised Code to conduct the auction.	3445

(B) Nothing in this section shall be construed to require an	3446
auctioneer licensed under sections 4707.01 to 4707.19 of the	3447
Revised Code, to obtain a motor vehicle salesperson's license	3448
under sections 4517.01 to 4517.45 of the Revised Code when	3449
conducting an auction sale for a licensed motor vehicle dealer on	3450
the dealer's premises, or when conducting an auction sale for a	3451
licensed motor vehicle auction owner; nor shall such an auctioneer	3452
be required to obtain a motor vehicle auction owner's license	3453
under sections 4517.01 to 4517.45 of the Revised Code when engaged	3454
in auctioning for a licensed motor vehicle auction owner.	3455

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	3456
apply to any of the following:	3457

(1) Persons engaging in the business of selling commercial	3458
tractors, trailers, or semitrailers incidentally to engaging	3459
primarily in business other than the selling or leasing of motor	3460
vehicles;	3461

(2) Mortgagees selling at retail only those motor vehicles	3462
that have come into their possession by a default in the terms of	3463
a mortgage contract;	3464

(3) The leasing, rental, and interchange of motor vehicles	3465
used directly in the rendition of a public utility service by	3466
regulated motor carriers.	3467

(D) When a partnership licensed under sections 4517.01 to	3468
4517.45 of the Revised Code is dissolved by death, the surviving	3469
partners may operate under the license for a period of sixty days,	3470
and the heirs or representatives of deceased persons and receivers	3471
or trustees in bankruptcy appointed by any competent authority may	3472
operate under the license of the person succeeded in possession by	3473
that heir, representative, receiver, or trustee in bankruptcy.	3474

(E) No remanufacturer shall engage in the business of selling	3475
at retail any new motor vehicle without having written authority	3476
from the manufacturer or distributor of the vehicle to sell new	3477
motor vehicles and to perform repairs under the terms of the	3478
manufacturer's or distributor's new motor vehicle warranty,	3479
unless, at the time of the sale of the vehicle, each customer is	3480
furnished with a binding agreement ensuring that the customer has	3481
the right to have the vehicle serviced or repaired by a new motor	3482
vehicle dealer who is franchised to sell and service vehicles of	3483
the same line-make as the chassis of the remanufactured vehicle	3484
purchased by the customer and whose service or repair facility is	3485
located within either twenty miles of the remanufacturer's	3486
location and place of business or twenty miles of the customer's	3487
residence or place of business. If there is no such new motor	3488
vehicle dealer located within twenty miles of the remanufacturer's	3489
location and place of business or the customer's residence or	3490
place of business, the binding agreement furnished to the customer	3491
may be with the new motor vehicle dealer who is franchised to sell	3492
and service vehicles of the same line-make as the chassis of the	3493
remanufactured vehicle purchased by the customer and whose service	3494
or repair facility is located nearest to the remanufacturer's	3495
location and place of business or the customer's residence or	3496
place of business. Additionally, at the time of sale of any	3497
vehicle, each customer of the remanufacturer shall be furnished	3498
with a warranty issued by the remanufacturer for a term of at	3499
least one year.	3500

(F) Except as otherwise provided in this division, whoever	3501
violates this section is guilty of a minor misdemeanor and shall	3502
be subject to a mandatory fine of one hundred dollars. If the	3503
offender previously has been convicted of or pleaded guilty to a	3504
violation of this section, whoever violates this section is guilty	3505
of a misdemeanor of the first degree and shall be subject to a	3506
mandatory fine of one thousand dollars.	3507

Sec. 4517.16.  A person is eligible for a construction	3508
equipment auction license under section 4517.17 of the Revised	3509
Code if the person meets all of the following requirements:	3510

(A) Maintains a primary permanent auction site within this	3511
state that is at least ninety acres in size and maintains over	3512
sixty thousand square feet of total facility space;	3513

(B) Is engaged primarily in the business of selling large	3514
construction and transportation equipment at auction, receives	3515
more than one million dollars in gross annual sales in this state,	3516
and derives not more than ten per cent of the person's gross	3517
annual sales revenue from the sale of motor vehicles having a	3518
gross vehicle weight rating of ten thousand pounds or less to	3519
buyers domiciled or having their principal place of business in	3520
Ohio.	3521

Sec. 4517.17.  (A) Each person applying for a construction	3522
equipment auction license shall make out and deliver an	3523
application to the registrar of motor vehicles, upon a form	3524
furnished by the registrar for that purpose. The application shall	3525
be signed and sworn to by the applicant and shall include such	3526
information as the registrar may require by rule.	3527

(B) The registrar shall issue a construction equipment	3528
auction license to any applicant who meets the requirements of	3529
this section and section 4517.16 of the Revised Code and pays the	3530
fee required by this section.	3531

(C) A construction equipment auction license shall expire	3532
five years after the date of issuance unless sooner revoked. The	3533
fee for a construction equipment auction license shall be seven	3534
thousand five hundred dollars and shall accompany the application.	3535
The registrar shall deposit all fees received under this section	3536
into the state treasury to the credit of the state bureau of motor	3537
vehicles fund established by section 4501.25 of the Revised Code.	3538

(D) In accordance with Chapter 119. of the Revised Code, the	3539
registrar shall adopt rules necessary for the regulation of	3540
construction equipment auction sales and licensees.	3541

(E) At the time the registrar grants the application of any	3542
person for a construction equipment auction license, the registrar	3543
shall issue to the person a license, which shall include the name	3544
and post-office address of the person licensed.	3545

(F) The business records of a construction equipment auction	3546
licensee shall be open for reasonable inspection by the registrar	3547
or the registrar's authorized agent.	3548

(G) Each construction equipment auction licensee shall keep	3549
the license, or a certified copy of the license, posted in a	3550
conspicuous place in each place of its business.	3551

Sec. 4517.171.  (A) The registrar of motor vehicles shall	3552
deny the application of any person for a construction equipment	3553
auction license or may revoke a license previously issued if the	3554
registrar finds that the person:	3555

(1) Is not eligible for the license pursuant to section	3556
4517.16 of the Revised Code;	3557

(2) Has made any false statement of a material fact in the	3558
application;	3559

(3) Is of bad business repute or has habitually defaulted on	3560
financial obligations;	3561

(4) Has been guilty of a fraudulent act in connection with	3562
selling or otherwise dealing in auctions, vehicles, or equipment;	3563

(5) Is insolvent;

3564

(6) Is of insufficient responsibility to ensure the prompt	3565
payment of any final judgments that might reasonably be entered	3566
against the applicant because of the transaction of the	3567
construction equipment auction business during the period of the	3568
license applied for, or has failed to satisfy any such judgment.	3569

(B) Any person who has been denied a license or has had a	3570
license revoked under this section may appeal from the action of	3571
the registrar to the motor vehicle dealers board in the manner	3572
provided in section 4517.33 of the Revised Code.	3573

Sec. 4517.18.  (A) A construction equipment auction licensee	3574
may sell at auction large construction or transportation equipment	3575
and shall do all of the following:	3576

(1) Have title present for all vehicles to be sold by	3577
auction;	3578

(2) Except as provided in division (B) of this section, sell,	3579
at auction, only vehicles with a gross vehicle weight rating of	3580
more than ten thousand pounds;	3581

(3) File with the bureau of motor vehicles on an annual basis	3582
a certification stating the gross proceeds generated from auctions	3583
held at the auction site during the prior calendar year and the	3584
gross proceeds generated from the sale of motor vehicles having a	3585
gross vehicle weight rating of ten thousand pounds or less during	3586
such year.	3587

(B)(1) A construction equipment auctioneer may sell, at	3588
auction, motor vehicles having a gross vehicle weight rating of	3589
ten thousand pounds or less, only if the construction equipment	3590
auctioneer complies with all applicable provisions of Chapter	3591
4505. of the Revised Code concerning the titling of such vehicles,	3592
Chapter 5739. of the Revised Code concerning the withholding and	3593
payment of sales taxes in connection with the sale of such motor	3594
vehicles, and Chapter 5751. of the Revised Code concerning the	3595
payment of commercial activity taxes on the sale of such motor	3596
vehicles in the same manner as a motor vehicle dealer, including	3597
transferring title to such vehicles to the licensee's name prior	3598
to the auction.	3599

(2) A construction equipment auction licensee who sells motor	3600
vehicles having a gross vehicle weight rating of ten thousand	3601
pounds or less is not required to comply with section 4517.03,	3602
4517.20, 4517.21, or 4517.22 of the Revised Code, or any	3603
provisions of the Ohio Administrative Code adopted pursuant to	3604
such provisions.	3605

(C) No construction equipment auction licensee shall do any	3606
of the following:	3607

(1) Sell vehicles with a manufacturer's statement of origin	3608
only unless authorized by the vehicle manufacturer;	3609

(2) Hold any additional motor vehicle dealer licenses issued	3610
by this state at the same time as holding a construction equipment	3611
auction license;	3612

(3) Sell at auction a motor vehicle having a gross vehicle	3613
weight rating of ten thousand pounds or less unless the owner of	3614
such motor vehicle also sells large construction or transportation	3615
equipment through the construction equipment auction licensee;	3616

(4) Hold more than seven auctions per year at the permanent	3617
auction site, at which large construction or transportation	3618
equipment is offered for sale.	3619

(D) Whoever violates this section is guilty of a minor	3620
misdemeanor on a first offense and a misdemeanor of the fourth	3621
degree on subsequent offenses. In addition, the court shall impose	3622
on the offender a fine of up to ten thousand dollars.	3623

Sec. 4517.33.  The motor vehicle dealers board shall hear	3624
appeals which may be taken from an order of the registrar of motor	3625
vehicles, refusing to issue a license. All appeals from any order	3626
of the registrar refusing to issue any license upon proper	3627
application must be taken within thirty days from the date of the	3628
order, or the order is final and conclusive. All appeals from	3629
orders of the registrar must be by petition in writing and	3630
verified under oath by the applicant whose application for license	3631
has been denied, and must set forth the reason for the appeal and	3632
the reason why, in the petitioner's opinion, the order of the	3633
registrar is not correct. In such appeals the board may make	3634
investigation to determine the correctness and legality of the	3635
order of the registrar.	3636

The board may make rules governing its actions relative to	3637
the suspension and revocation of dealers', motor vehicle leasing	3638
dealers', distributors', auction owners', and salespersons', and	3639
construction equipment auction licenses, and may, upon its own	3640
motion, and shall, upon the verified complaint in writing of any	3641
person, investigate the conduct of any licensee under sections	3642
4517.01 to 4517.65 of the Revised Code. The board shall suspend or	3643
revoke or notify the registrar to refuse to renew any dealer's,	3644
motor vehicle leasing dealer's, distributor's, auction owner's, or	3645
salesperson's, or construction equipment auction license, if any	3646
ground existed upon which the license might have been refused, or	3647
if a ground exists that would be cause for refusal to issue a	3648
license.	3649

The board may suspend or revoke any license if the licensee	3650
has in any manner violated the rules issued pursuant to sections	3651
4517.01 to 4517.65 of the Revised Code, or has violated section	3652
4501.02 of the Revised Code, or has been convicted of committing a	3653
felony or violating any law that in any way relates to the	3654
selling, taxing, licensing, or regulation of sales of motor	3655
vehicles.	3656

Sec. 4582.12.  (A)(1) Except as otherwise provided in	3657
division (E) of section 307.671 of the Revised Code, division (A)	3658
of this section does not apply to a port authority educational and	3659
cultural facility acquired, constructed, and equipped pursuant to	3660
a cooperative agreement entered into under section 307.671 of the	3661
Revised Code.	3662

(2)(a) Except as provided in division (C) of this section,	3663
when the cost of a contract for the construction of any building,	3664
structure, or other improvement undertaken by a port authority	3665
involves an expenditure exceeding twenty-fivethe higher of one	3666
hundred thousand dollars or the amount as adjusted under division	3667
(A)(2)(b) of this section and the port authority is the	3668
contracting entity, the port authority shall make a written	3669
contract after notice calling for bids for the award of the	3670
contract has been given by publication twice, with at least seven	3671
days between publications, in a newspaper of general circulation	3672
in the area of the jurisdiction of the port authority. Each such	3673
contract shall be let to the lowest responsive and responsible	3674
bidder in accordance with section 9.312 of the Revised Code. Every	3675
contract let shall be in writing and if the contract involves work	3676
or construction, it shall be accompanied by or shall refer to	3677
plans and specifications for the work to be done, prepared for and	3678
approved by the port authority, signed by an authorized officer of	3679
the port authority and by the contractor, and shall be executed in	3680
triplicate.	3681

Each bid shall be awarded in accordance with sections 153.54,	3682
153.57, and 153.571 of the Revised Code.	3683

The port authority may reject any and all bids.

3684

(b) On January 1, 2012, and the first day of January of every	3685
even-numbered year thereafter, the director of commerce shall	3686
adjust the threshold level for contracts subject to the bidding	3687
requirements contained in division (A)(2)(a) of this section. The	3688
director shall adjust this amount according to the average	3689
increase for each of the two years immediately preceding the	3690
adjustment as set forth in the producer price index for material	3691
and supply inputs for new nonresidential construction as	3692
determined by the bureau of labor statistics of the United States	3693
department of labor or, if that index no longer is published, a	3694
generally available comparable index. If there is no resulting	3695
increase, the threshold shall remain the same until the next	3696
scheduled adjustment on the first day of January of the next	3697
even-numbered year.	3698

(B) The board of directors of a port authority by rule may	3699
provide criteria for the negotiation and award without competitive	3700
bidding of any contract as to which the port authority is the	3701
contracting entity for the construction of any building,	3702
structure, or other improvement under any of the following	3703
circumstances:	3704

(1) There exists a real and present emergency that threatens	3705
damage or injury to persons or property of the port authority or	3706
other persons, provided that a statement specifying the nature of	3707
the emergency that is the basis for the negotiation and award of a	3708
contract without competitive bidding shall be signed by the	3709
officer of the port authority that executes that contract at the	3710
time of the contract's execution and shall be attached to the	3711
contract.	3712

(2) A commonly recognized industry or other standard or	3713
specification does not exist and cannot objectively be articulated	3714
for the improvement.	3715

(3) The contract is for any energy conservation measure as	3716
defined in section 307.041 of the Revised Code.	3717

(4) With respect to material to be incorporated into the	3718
improvement, only a single source or supplier exists for the	3719
material.	3720

(5) A single bid is received by the port authority after	3721
complying with the provisions of division (A) of this section.	3722

(C)(1) If a contract is to be negotiated and awarded without	3723
competitive bidding for the reason set forth in division (B)(2) of	3724
this section, the port authority shall publish a notice calling	3725
for technical proposals at least twice, with at least seven days	3726
between publications, in a newspaper of general circulation in the	3727
area of the port authority. After receipt of the technical	3728
proposals, the port authority may negotiate with and award a	3729
contract for the improvement to the proposer making the proposal	3730
considered to be the most advantageous to the port authority.	3731

(2) If a contract is to be negotiated and awarded without	3732
competitive bidding for the reason set forth in division (B)(4) of	3733
this section, any construction activities related to the	3734
incorporation of the material into the improvement also may be	3735
provided without competitive bidding by the source or supplier of	3736
that material.	3737

(D) No contract for the construction or repair of any	3738
building, structure, or other improvement and no loan agreement	3739
for the borrowing of funds for any such improvement undertaken by	3740
a port authority, where the port authority is the contracting	3741
entity, shall be executed unless laborers and mechanics employed	3742
on such improvements are paid at the prevailing rates of wages of	3743
laborers and mechanics for the class of work called for by the	3744
improvement. The wages shall be determined in accordance with the	3745
requirements of Chapter 4115. of the Revised Code for the	3746
determination of prevailing wage rates, provided that the	3747
requirements of this section do not apply where the federal	3748
government or any of its agencies furnishes by loan or grant all	3749
or any part of the funds used in connection with such project and	3750
prescribes predetermined minimum wages to be paid to the laborers	3751
and mechanics.	3752

Sec. 4582.31.  (A) A port authority created in accordance	3753
with section 4582.22 of the Revised Code may:	3754

(1) Adopt bylaws for the regulation of its affairs and the	3755
conduct of its business;	3756

(2) Adopt an official seal;

3757

(3) Maintain a principal office within its jurisdiction, and	3758
maintain such branch offices as it may require;	3759

(4) Acquire, construct, furnish, equip, maintain, repair,	3760
sell, exchange, lease to or from, or lease with an option to	3761
purchase, convey other interests in real or personal property, or	3762
any combination thereof, related to, useful for, or in furtherance	3763
of any authorized purpose and operate any property in connection	3764
with transportation, recreational, governmental operations, or	3765
cultural activities;	3766

(5) Straighten, deepen, and improve any channel, river,	3767
stream, or other water course or way which may be necessary or	3768
proper in the development of the facilities of a port authority;	3769

(6) Make available the use or services of any port authority	3770
facility to one or more persons, one or more governmental	3771
agencies, or any combination thereof;	3772

(7) Issue bonds or notes for the acquisition, construction,	3773
furnishing, or equipping of any port authority facility or other	3774
permanent improvement that a port authority is authorized to	3775
acquire, construct, furnish, or equip, in compliance with Chapter	3776
133. of the Revised Code, except that such bonds or notes may only	3777
be issued pursuant to a vote of the electors residing within the	3778
area of jurisdiction of the port authority. The net indebtedness	3779
incurred by a port authority shall never exceed two per cent of	3780
the total value of all property within the territory comprising	3781
the port authority as listed and assessed for taxation.	3782

(8) Issue port authority revenue bonds beyond the limit of	3783
bonded indebtedness provided by law, payable solely from revenues	3784
as provided in section 4582.48 of the Revised Code, for the	3785
purpose of providing funds to pay the costs of any port authority	3786
facility or facilities or parts thereof;	3787

(9) Apply to the proper authorities of the United States	3788
pursuant to appropriate law for the right to establish, operate,	3789
and maintain foreign trade zones and establish, operate, and	3790
maintain foreign trade zones and to acquire, exchange, sell, lease	3791
to or from, lease with an option to purchase, or operate	3792
facilities, land, or property therefor in accordance with the	3793
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to	3794
81u;	3795

(10) Enjoy and possess the same rights, privileges, and	3796
powers granted municipal corporations under sections 721.04 to	3797
721.11 of the Revised Code;	3798

(11) Maintain such funds as it considers necessary;

3799

(12) Direct its agents or employees, when properly identified	3800
in writing, and after at least five days' written notice, to enter	3801
upon lands within the confines of its jurisdiction in order to	3802
make surveys and examinations preliminary to location and	3803
construction of works for the purposes of the port authority,	3804
without liability of the port authority or its agents or employees	3805
except for actual damage done;	3806

(13) Promote, advertise, and publicize the port authority and	3807
its facilities; provide information to shippers and other	3808
commercial interests; and appear before rate-making authorities to	3809
represent and promote the interests of the port authority;	3810

(14) Adopt rules, not in conflict with general law, it finds	3811
necessary or incidental to the performance of its duties and the	3812
execution of its powers under sections 4582.21 to 4582.54 of the	3813
Revised Code. Any such rule shall be posted at no less than five	3814
public places in the port authority, as determined by the board of	3815
directors, for a period of not fewer than fifteen days, and shall	3816
be available for public inspection at the principal office of the	3817
port authority during regular business hours. No person shall	3818
violate any lawful rule adopted and posted as provided in this	3819
division.	3820

(15) Do any of the following, in regard to any interests in	3821
any real or personal property, or any combination thereof,	3822
including, without limitation, machinery, equipment, plants,	3823
factories, offices, and other structures and facilities related	3824
to, useful for, or in furtherance of any authorized purpose, for	3825
such consideration and in such manner, consistent with Article	3826
VIII of the Ohio Constitution, as the board in its sole discretion	3827
may determine:	3828

(a) Loan moneys to any person or governmental entity for the	3829
acquisition, construction, furnishing, and equipping of the	3830
property;	3831

(b) Acquire, construct, maintain, repair, furnish, and equip	3832
the property;	3833

(c) Sell to, exchange with, lease, convey other interests in,	3834
or lease with an option to purchase the same or any lesser	3835
interest in the property to the same or any other person or	3836
governmental entity;	3837

(d) Guarantee the obligations of any person or governmental	3838
entity.	3839

A port authority may accept and hold as consideration for the	3840
conveyance of property or any interest therein such property or	3841
interests therein as the board in its discretion may determine,	3842
notwithstanding any restrictions that apply to the investment of	3843
funds by a port authority.	3844

(16) Sell, lease, or convey other interests in real and	3845
personal property, and grant easements or rights-of-way over	3846
property of the port authority. The board of directors shall	3847
specify the consideration and any terms for the sale, lease, or	3848
conveyance of other interests in real and personal property. Any	3849
determination made by the board under this division shall be	3850
conclusive. The sale, lease, or conveyance may be made without	3851
advertising and the receipt of bids.	3852

(17) Exercise the right of eminent domain to appropriate any	3853
land, rights, rights-of-way, franchises, easements, or other	3854
property, necessary or proper for any authorized purpose, pursuant	3855
to the procedure provided in sections 163.01 to 163.22 of the	3856
Revised Code, if funds equal to the appraised value of the	3857
property to be acquired as a result of such proceedings are	3858
available for that purpose. However, nothing contained in sections	3859
4582.201 to 4582.59 of the Revised Code shall authorize a port	3860
authority to take or disturb property or facilities belonging to	3861
any agency or political subdivision of this state, public utility,	3862
or common carrier, which property or facilities are necessary and	3863
convenient in the operation of the agency or political	3864
subdivision, public utility, or common carrier, unless provision	3865
is made for the restoration, relocation, or duplication of such	3866
property or facilities, or upon the election of the agency or	3867
political subdivision, public utility, or common carrier, for the	3868
payment of compensation, if any, at the sole cost of the port	3869
authority, provided that:	3870

(a) If any restoration or duplication proposed to be made	3871
under this section involves a relocation of the property or	3872
facilities, the new facilities and location shall be of at least	3873
comparable utilitarian value and effectiveness and shall not	3874
impair the ability of the public utility or common carrier to	3875
compete in its original area of operation;	3876

(b) If any restoration or duplication made under this section	3877
involves a relocation of the property or facilities, the port	3878
authority shall acquire no interest or right in or to the	3879
appropriated property or facilities, except as provided in	3880
division (O) of this section, until the relocated property or	3881
facilities are available for use and until marketable title	3882
thereto has been transferred to the public utility or common	3883
carrier.	3884

(18)(a) Make and enter into all contracts and agreements and	3885
execute all instruments necessary or incidental to the performance	3886
of its duties and the execution of its powers under sections	3887
4582.21 to 4582.59 of the Revised Code.	3888

(b)(i) Except as provided in division (A)(18)(c) of this	3889
section, when the cost of a contract for the construction of any	3890
building, structure, or other improvement undertaken by a port	3891
authority involves an expenditure exceeding twenty-fivethe higher	3892
of one hundred thousand dollars or the amount as adjusted under	3893
division (A)(18)(b)(ii) of this section, and the port authority is	3894
the contracting entity, the port authority shall make a written	3895
contract after notice calling for bids for the award of the	3896
contract has been given by publication twice, with at least seven	3897
days between publications, in a newspaper of general circulation	3898
in the area of the port authority. Each such contract shall be let	3899
to the lowest responsive and responsible bidder in accordance with	3900
section 9.312 of the Revised Code. Every contract shall be	3901
accompanied by or shall refer to plans and specifications for the	3902
work to be done, prepared for and approved by the port authority,	3903
signed by an authorized officer of the port authority and by the	3904
contractor, and shall be executed in triplicate.	3905

Each bid shall be awarded in accordance with sections 153.54,	3906
153.57, and 153.571 of the Revised Code. The port authority may	3907
reject any and all bids.	3908

(ii) On January 1, 2012, and the first day of January of	3909
every even-numbered year thereafter, the director of commerce	3910
shall adjust the threshold level for contracts subject to the	3911
bidding requirements contained in division (A)(18)(b)(i) of this	3912
section. The director shall adjust this amount according to the	3913
average increase for each of the two years immediately preceding	3914
the adjustment as set forth in the producer price index for	3915
material and supply inputs for new nonresidential construction as	3916
determined by the bureau of labor statistics of the United States	3917
department of labor or, if that index no longer is published, a	3918
generally available comparable index. If there is no resulting	3919
increase, the threshold shall remain the same until the next	3920
scheduled adjustment on the first day of January of the next	3921
even-numbered year.	3922

(c) The board of directors by rule may provide criteria for	3923
the negotiation and award without competitive bidding of any	3924
contract as to which the port authority is the contracting entity	3925
for the construction of any building or structure or other	3926
improvement under any of the following circumstances:	3927

(i) There exists a real and present emergency that threatens	3928
damage or injury to persons or property of the port authority or	3929
other persons, provided that a statement specifying the nature of	3930
the emergency that is the basis for the negotiation and award of a	3931
contract without competitive bidding shall be signed by the	3932
officer of the port authority that executes that contract at the	3933
time of the contract's execution and shall be attached to the	3934
contract.	3935

(ii) A commonly recognized industry or other standard or	3936
specification does not exist and cannot objectively be articulated	3937
for the improvement.	3938

(iii) The contract is for any energy conservation measure as	3939
defined in section 307.041 of the Revised Code.	3940

(iv) With respect to material to be incorporated into the	3941
improvement, only a single source or supplier exists for the	3942
material.	3943

(v) A single bid is received by the port authority after	3944
complying with the provisions of division (A)(18)(b) of this	3945
section.	3946

(d)(i) If a contract is to be negotiated and awarded without	3947
competitive bidding for the reason set forth in division	3948
(A)(18)(c)(ii) of this section, the port authority shall publish a	3949
notice calling for technical proposals at least twice, with at	3950
least seven days between publications, in a newspaper of general	3951
circulation in the area of the port authority. After receipt of	3952
the technical proposals, the port authority may negotiate with and	3953
award a contract for the improvement to the proposer making the	3954
proposal considered to be the most advantageous to the port	3955
authority.	3956

(ii) If a contract is to be negotiated and awarded without	3957
competitive bidding for the reason set forth in division	3958
(A)(18)(c)(iv) of this section, any construction activities	3959
related to the incorporation of the material into the improvement	3960
also may be provided without competitive bidding by the source or	3961
supplier of that material.	3962

(e)(i) Any purchase, exchange, sale, lease, lease with an	3963
option to purchase, conveyance of other interests in, or other	3964
contract with a person or governmental entity that pertains to the	3965
acquisition, construction, maintenance, repair, furnishing,	3966
equipping, or operation of any real or personal property, or any	3967
combination thereof, related to, useful for, or in furtherance of	3968
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	3969
Constitution, shall be made in such manner and subject to such	3970
terms and conditions as may be determined by the board of	3971
directors in its discretion.	3972

(ii) Division (A)(18)(e)(i) of this section applies to all	3973
contracts that are subject to the division, notwithstanding any	3974
other provision of law that might otherwise apply, including,	3975
without limitation, any requirement of notice, any requirement of	3976
competitive bidding or selection, or any requirement for the	3977
provision of security.	3978

(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not	3979
apply to either of the following: any contract secured by or to be	3980
paid from moneys raised by taxation or the proceeds of obligations	3981
secured by a pledge of moneys raised by taxation; or any contract	3982
secured exclusively by or to be paid exclusively from the general	3983
revenues of the port authority. For the purposes of this section,	3984
any revenues derived by the port authority under a lease or other	3985
agreement that, by its terms, contemplates the use of amounts	3986
payable under the agreement either to pay the costs of the	3987
improvement that is the subject of the contract or to secure	3988
obligations of the port authority issued to finance costs of such	3989
improvement, are excluded from general revenues.	3990

(19) Employ managers, superintendents, and other employees	3991
and retain or contract with consulting engineers, financial	3992
consultants, accounting experts, architects, attorneys, and any	3993
other consultants and independent contractors as are necessary in	3994
its judgment to carry out this chapter, and fix the compensation	3995
thereof. All expenses thereof shall be payable from any available	3996
funds of the port authority or from funds appropriated for that	3997
purpose by a political subdivision creating or participating in	3998
the creation of the port authority.	3999

(20) Receive and accept from any state or federal agency	4000
grants and loans for or in aid of the construction of any port	4001
authority facility or for research and development with respect to	4002
port authority facilities, and receive and accept aid or	4003
contributions from any source of money, property, labor, or other	4004
things of value, to be held, used, and applied only for the	4005
purposes for which the grants and contributions are made;	4006

(21) Engage in research and development with respect to port	4007
authority facilities;	4008

(22) Purchase fire and extended coverage and liability	4009
insurance for any port authority facility and for the principal	4010
office and branch offices of the port authority, insurance	4011
protecting the port authority and its officers and employees	4012
against liability for damage to property or injury to or death of	4013
persons arising from its operations, and any other insurance the	4014
port authority may agree to provide under any resolution	4015
authorizing its port authority revenue bonds or in any trust	4016
agreement securing the same;	4017

(23) Charge, alter, and collect rentals and other charges for	4018
the use or services of any port authority facility as provided in	4019
section 4582.43 of the Revised Code;	4020

(24) Provide coverage for its employees under Chapters 145.,	4021
4123., and 4141. of the Revised Code;	4022

(25) Do all acts necessary or proper to carry out the powers	4023
expressly granted in sections 4582.21 to 4582.59 of the Revised	4024
Code.	4025

(B) Any instrument by which real property is acquired	4026
pursuant to this section shall identify the agency of the state	4027
that has the use and benefit of the real property as specified in	4028
section 5301.012 of the Revised Code.	4029

(C) Whoever violates division (A)(14) of this section is	4030
guilty of a minor misdemeanor.	4031

Sec. 4749.031. (A) The department of public safety shall be a	4032
participating public office for purposes of the retained applicant	4033
fingerprint database established under section 109.5721 of the	4034
Revised Code. The department shall elect to participate in the	4035
continuous record monitoring service for all persons licensed or	4036
registered under this chapter. When the superintendent of the	4037
bureau of criminal identification and investigation, under section	4038
109.57 of the Revised Code, indicates that an individual in the	4039
retained applicant fingerprint database has been arrested for,	4040
convicted of, or pleaded guilty to any offense, the superintendent	4041
promptly shall notify the department either electronically or by	4042
mail that additional arrest or conviction information is	4043
available.	4044

(B) In addition to any other fees charged by the department	4045
under this chapter, an applicant for a license under section	4046
4749.03 of the Revised Code, at the time of making an initial or	4047
renewal application, shall pay any initial or annual fee charged	4048
by the superintendent pursuant to rules adopted under division (F)	4049
of section 109.5721 of the Revised Code.	4050

Sec. 4905.802.        Sec. 4905.801.  (A)(1) All fees collected under	4051
section 4905.801 of the Revised Code shall be credited to theThe	4052
radioactive waste transportation fund, which is hereby created in	4053
the state treasury. All investment earnings of the fund shall be	4054
credited to it.	4055

(2) Money in the radioactive waste transportation fund shall	4056
be used only for the following purposes related to the shipment of	4057
material that is subject to division (A)(1) of section 4163.07 of	4058
the Revised Code as determined by the public utilities commission:	4059

(a) State and local expenses, including inspections, escorts,	4060
security, emergency management services, and accident response;	4061

(b) Planning, coordination, education, and training of	4062
emergency response providers, law enforcement agencies, and other	4063
appropriate state or local entities;	4064

(c) Purchase and maintenance of monitoring, medical, safety,	4065
or emergency response equipment and supplies;	4066

(d) Administrative costs of the commission and other state or	4067
local entities;	4068

(e) Other similar expenses determined by the commission to be	4069
appropriate.	4070

(B)(1) The commission may adopt rules as necessary to	4071
implement sections 4905.801 and 4905.802 of the Revised Codethis	4072
section.	4073

(2) In administering section 4905.801 of the Revised Code,	4074
the commission shall work with any department or agency of	4075
federal, state, or local government that also regulates the	4076
shipment of material that is subject to division (A)(1) of section	4077
4163.07 of the Revised Code.	4078

(3) Subject to division (C) of section 4163.07 of the Revised	4079
Code, the commission, consistent with national security	4080
requirements, may notify any law enforcement agency or other state	4081
or local entity affected by the shipment of material that is	4082
subject to division (A)(1) of section 4163.07 of the Revised Code	4083
that the commission considers necessary for public safety.	4084

(4) Not later than December 31, 2010, the commission shall	4085
prepare and submit to both houses of the general assembly a report	4086
on the fees received by the commission under section 4905.801 of	4087
the Revised Code and on expenditures made from the radioactive	4088
waste transportation fund.	4089

Sec. 5501.51.  (A) The state shall reimburse a utility for	4090
the cost of relocation of utility facilities necessitated by the	4091
construction of a highway project only in the event that the	4092
utility can evidence a vested interest in the nature of a fee	4093
interest, an easement interest, or a lesser estate in the real	4094
property it occupies in the event that the utility possesses a	4095
vested interest in such property. The utility shall present	4096
evidence satisfactory to the state substantiating the cost of	4097
relocation. The director may audit all financial records which the	4098
director determines necessary to verify such actual costs.	4099

(B) The director of transportation may establish and enforce	4100
such rules and procedures as hethe director may determine to be	4101
necessary to assure consistency governing any and all aspects of	4102
the cost of utility relocations. The director may adopt such	4103
amendments to such rules as are necessary and within the	4104
guidelines of this section.	4105

(C) As used in this section:

4106

(1) "Utility" includes publicly, privately, and cooperatively	4107
owned utilities that are subject to the authority of the public	4108
utilities commission of Ohio"Actual cost" means those costs that	4109
are eligible for reimbursement in accordance with 23 C.F.R. 645.	4110

(2) "Cost of relocation" includesmeans the actual cost paid	4111
by a utility directly attributable to relocation after deducting	4112
any increase in the value of the new facility and any salvage	4113
value derived from the old facility.	4114

(3) "Utility" includes publicly, privately, and cooperatively	4115
owned utilities that are subject to the authority of the public	4116
utilities commission of Ohio.	4117

Sec. 5501.55.  (A) The department of transportation is the	4118
designated state agency responsible for overseeing the safety	4119
practices of rail fixed guideway systems and the administration of	4120
49 U.S.C. 5330. The director of transportation shall develop any	4121
guidelines necessary to oversee the safety practices of rail fixed	4122
guideway systems that are consistent with the federal act and	4123
rules adopted thereunder.	4124

(B) In accordance with guidelines developed by the director,	4125
the department shall do all of the following:	4126

(1) Establish a safety program plan standard for transit	4127
agencies operating a rail fixed guideway system within the state;	4128

(2) Adopt standards for the personal security of passengers	4129
and employees of rail fixed guideway systems;	4130

(3) Review and approve or disapprove the annual internal	4131
safety audit conducted by a transit agency under section 5501.56	4132
of the Revised Code;	4133

(4) Periodically, conduct an on-site safety review of each	4134
transit agency and make recommendations based on the review of the	4135
system safety program plan;	4136

(5)(a) Establish procedures for the investigation of	4137
accidents and unacceptable hazardous conditions as defined in the	4138
guidelines developed by the director;	4139

(b) Investigate accidents and unacceptable hazardous	4140
conditions at transit agencies;	4141

(c) Approve or disapprove any plan of a transit agency to	4142
minimize, control, correct, or eliminate any investigated hazard.	4143

(6) Submit to the federal transit administration any reports	4144
or other information necessary to remain in compliance with 49	4145
U.S.C. 5330 and the rules adopted under it.	4146

(C) The department may use a contractor to act on its behalf	4147
in carrying out the duties of the Department under this section	4148
and section 5501.56 of the Revised Code and 49 U.S.C. 5330 and the	4149
rules adopted under it.	4150

(D)(1) Reports of any investigation conducted by the	4151
department, a transit agency operating a rail fixed guideway	4152
system, or a contractor acting on behalf of the department or such	4153
a transit agency are confidential and are not subject to	4154
disclosure, inspection, or copying under section 149.43 of the	4155
Revised Code. Information contained in investigative files shall	4156
be disclosed only at the discretion of the director or as	4157
otherwise provided in this section.	4158

(2) Reports of any investigation conducted by the Department	4159
department, a transit agency operating a rail fixed guideway	4160
system, or a contractor acting on behalf of the Department	4161
department or such a transit agency shall not be admitted in	4162
evidence or used for any purpose in any action or proceeding	4163
arising out of any matter referred to in the investigation, except	4164
in actions or proceedings instituted by the state or by the	4165
department on behalf of the state, nor shall any member of the	4166
department or its employees, a transit agency acting on behalf of	4167
the department, or a contractor acting on behalf of the department	4168
or such a transit agency be required to testify to any facts	4169
ascertained in, or information obtained by reason of, the person's	4170
official capacity, or to testify as an expert witness in any	4171
action or proceeding involving or pertaining to rail fixed	4172
guideway systems to which the state is not a party.	4173

(E) In accordance with the guidelines developed by the	4174
director, the department may establish such programs, procedures,	4175
and administrative mandates as may be necessary to carry out its	4176
duties under this section and section 5501.56 of the Revised Code	4177
and 49 U.S.C. 5330 and the rules adopted under it.	4178

(F) As used in this section and in section 5501.56 of the	4179
Revised Code:	4180

(1) "Rail fixed guideway system" means any light, heavy, or	4181
rapid rail system, monorail, inclined plane, funicular, trolley,	4182
or automated guideway that is included in the federal transit	4183
administration's calculation of fixed guideway route miles or	4184
receives funding for urbanized areas under 49 U.S.C. 5336 and is	4185
not regulated by the federal railroad administration.	4186

(2) "Transit agency" means an entity operating a rail fixed	4187
guideway system.	4188

Sec. 5502.011. (A) As used in this section, "department of	4189
public safety" and "department" include all divisions within the	4190
department of public safety.	4191

(B) The director of the department of public safety is the	4192
chief executive and administrative officer of the department. The	4193
director may establish policies governing the department, the	4194
performance of its employees and officers, the conduct of its	4195
business, and the custody, use, and preservation of departmental	4196
records, papers, books, documents, and property. The director also	4197
may authorize and approve investigations to be conducted by any of	4198
the department's divisions. Whenever the Revised Code imposes a	4199
duty upon or requires an action of the department, the director	4200
may perform the action or duty in the name of the department or	4201
direct such performance to be performed by the director's	4202
designee.	4203

(C) In addition to any other duties enumerated in the Revised	4204
Code, the director or the director's designee shall do all of the	4205
following:	4206

(1) Administer and direct the performance of the duties of	4207
the department;	4208

(2) Pursuant to Chapter 119. of the Revised Code, approve,	4209
adopt, and prescribe such forms and rules as are necessary to	4210
carry out the duties of the department;	4211

(3) On behalf of the department and in addition to any	4212
authority the Revised Code otherwise grants to the department,	4213
have the authority and responsibility for approving and entering	4214
into contracts, agreements, and other business arrangements;	4215

(4) Make appointments for the department as needed to comply	4216
with requirements of the Revised Code;	4217

(5) Approve employment actions of the department, including	4218
appointments, promotions, discipline, investigations, and	4219
terminations;	4220

(6) Accept, hold, and use, for the benefit of the department,	4221
any gift, donation, bequest, or devise, and may agree to and	4222
perform all conditions of the gift, donation, bequest, or devise,	4223
that are not contrary to law;	4224

(7) Apply for, allocate, disburse, and account for grants	4225
made available under federal law or from other federal, state, or	4226
private sources;	4227

(8) Do all other acts necessary or desirable to carry out	4228
this chapter.	4229

(D)(1) The director of public safety may assess a reasonable	4230
fee, plus the amount of any charge or fee passed on from a	4231
financial institution, on a drawer or indorser for each of the	4232
following:	4233

(a) A check, draft, or money order that is returned or	4234
dishonored;	4235

(b) An automatic bank transfer that is declined, due to	4236
insufficient funds or for any other reason;	4237

(c) Any financial transaction device that is returned or	4238
dishonored for any reason.	4239

(2) The director shall deposit any fee collected under this	4240
division in an appropriate fund as determined by the director	4241
based on the tax, fee, or fine being paid.	4242

(3) As used in this division, "financial transaction device"	4243
has the same meaning as in section 113.40 of the Revised Code.	4244

(E) The director shall establish a homeland security advisory	4245
council to advise the director on homeland security, including	4246
homeland security funding efforts. The advisory council shall	4247
include, but not be limited to, state and local government	4248
officials who have homeland security or emergency management	4249
responsibilities and who represent first responders. The director	4250
shall appoint the members of the council, who shall serve without	4251
compensation.	4252

(F) The director of public safety shall adopt rules in	4253
accordance with Chapter 119. of the Revised Code as required by	4254
section 2909.28 of the Revised Code and division (A)(1) of section	4255
2909.32 of the Revised Code. The director shall adopt rules as	4256
required by division (D) of section 2909.32 of the Revised Code,	4257
division (E) of section 2909.33 of the Revised Code, and division	4258
(D) of section 2909.34 of the Revised Code. The director may adopt	4259
rules pursuant to division (A)(2) of section 2909.32 of the	4260
Revised Code, division (A)(2) of section 2909.33 of the Revised	4261
Code, and division (A)(2) of section 2909.34 of the Revised Code.	4262

Sec. 5525.15.  The director of transportation may provide	4263
that prior to the bid opening, the official engineer's estimate of	4264
cost of any project to be constructed by the department by the	4265
taking of bids and awarding of contractsof transportation shall	4266
be confidential information and so remain until after all bids on	4267
the project have been received. TheAfter the bid opening, only	4268
the total amount of theofficial engineer's estimate then shall	4269
of cost may be published.	4270

When the director exercises the authority conferred by this	4271
section, all information with respect to the total estimate of	4272
cost of the project to be built by contract and with respect to	4273
The unit price components and the estimate of cost of any	4274
particular item of work involved therein shall be kept and	4275
regarded by the director and all the director's subordinates as	4276
confidential, and shallare not be revealed to any person not	4277
employed in the department, or by the United States department of	4278
transportation in the case of projects financed in whole or part	4279
by federal funds, until after the bids on the project have been	4280
opened and published. Section 5517.01public records for purposes	4281
of section 149.43 of the Revised Code with respect to the public	4282
inspection of estimates of cost prior to the opening of bids and	4283
with respect to filing estimates of cost in the office of the	4284
district deputy director of transportation does not apply when the	4285
authority conferred by this section is exercised. This section	4286
does not prohibit the department from furnishing estimatesunit	4287
price components and the estimate of cost for any particular item	4288
of work involved therein to the federal government, counties,	4289
municipal corporations, or other local political subdivisions or	4290
to railroad or railway companies proposing to pay any portion of	4291
the cost of an improvement. Planning estimates are those estimates	4292
created for management of the capital program of the department	4293
and are public records for purposes of section 149.43 of the	4294
Revised Code.	4295

Section 5525.10 of the Revised Code, which provides that no	4296
contract for any improvement shall be awarded for a greater sum	4297
than the estimated cost thereof plus five per cent, does not apply	4298
in the case of any project with respect to which the authority	4299
conferred by this section is exercised. In cases in which the	4300
authority conferred by this section is exercised and in which the	4301
bid of the successful bidder exceeds the estimate, the director,	4302
before entering into a contract, shall determine that the bid of	4303
the successful bidder is fair and reasonable, and as long as the	4304
federal government imposes regulation on prices charged for	4305
construction service, shall require the successful bidder to	4306
certify that the bidder's bid does not exceed the maximum	4307
permitted by such federal regulation.	4308

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

4309

(1) "Farm machinery" has the same meaning as in section	4310
4501.01 of the Revised Code.	4311

(2) "Farm commodities" includes livestock, bulk milk, corn,	4312
soybeans, tobacco, and wheat, manure, turf, sod, and silage.	4313

(3) "Farm truck" means a truck used in the transportation	4314
from a farm of farm commodities when the truck is operated in	4315
accordance with this section.	4316

(4) "Forest products" includes logs, chips, sawdust, mulch,	4317
bark, pulpwood, biomass, and firewood.	4318

(5) "LogForest product truck" means a truck used in the	4319
transportation of timber from the site of its cuttingtransporting	4320
forest products from the site where the forest product is	4321
harvested when the truck is operated in accordance with this	4322
section.	4323

(5)(6) "Coal truck" means a truck transporting coal from the	4324
site where it is mined when the truck is operated in accordance	4325
with this section.	4326

(6)(7) "Solid waste" has the same meaning as in section	4327
3734.01 of the Revised Code.	4328

(7)(8) "Solid waste haul vehicle" means a vehicle hauling	4329
solid waste for which a bill of lading has not been issued.	4330

(9) "Minerals" has the same meaning as in section 1514.01 of	4331
the Revised Code.	4332

(10) "Surface mining vehicle" means a truck used in the	4333
transportation of minerals from the earth or from the surface of	4334
the land by surface excavation methods when the truck is operated	4335
in accordance with this section.	4336

(B)(1) Notwithstanding sections 5577.02 and 5577.04 of the	4337
Revised Code, a coal truck transporting coal, a farm truck or farm	4338
machinery transporting farm commodities, a log truck transporting	4339
timber, or a solid waste haul vehicle hauling solid waste, from	4340
the place of production to the first point of delivery where the	4341
commodities are weighed and title to the commodities, coal, or	4342
timber is transferred, or, in the case of solid waste, from the	4343
place of production to the first point of delivery where the solid	4344
waste is disposed of or title to the solid waste is transferred,	4345
the following vehicles under the described conditions may exceed	4346
by no more than seven and one-half per cent the weight provisions	4347
of sections 5577.01 to 5577.09 of the Revised Code and no penalty	4348
prescribed in section 5577.99 of the Revised Code shall be	4349
imposed. If a coal truck so transporting coal, a farm truck or	4350
farm machinery so transporting farm commodities, a timber truck so	4351
transporting timber, or a solid waste haul vehicle hauling solid	4352
waste,:	4353

(a) A coal truck transporting coal, from the place of	4354
production to the first point of delivery where title to the coal	4355
is transferred;	4356

(b) A farm truck or farm machinery transporting farm	4357
commodities, from the place of production to the first point of	4358
delivery where the commodities are weighed and title to the	4359
commodities is transferred;	4360

(c) A forest product truck transporting forest products, from	4361
the place of production to the first point of delivery where title	4362
to the forest product is transferred;	4363

(d) A solid waste haul vehicle hauling solid waste, from the	4364
place of production to the first point of delivery where the solid	4365
waste is disposed of or title to the solid waste is transferred;	4366

(e) A surface mining vehicle transporting minerals from the	4367
place where the minerals are removed from the earth or the surface	4368
of the land to the first place where the minerals are transferred	4369
from the vehicle;	4370

(f) A vehicle transporting hot mix asphalt material from the	4371
place where the material is first mixed to the paving site where	4372
the material is discharged	4373

(2) In addition, if any of the vehicles listed in division	4374
(B)(1) of this section and operated under the conditions described	4375
in that division does not exceed by more than seven and one-half	4376
per cent the gross vehicle weight provisions of sections 5577.01	4377
to 5577.09 of the Revised Code, no wheel or axle-load limits shall	4378
apply and no penalty prescribed in section 5577.99 of the Revised	4379
Code for a wheel or axle overload shall be imposed.	4380

(C) If any of the vehicles listed in division (B)(1) of this	4381
section and operated under the conditions described in that	4382
division exceeds by more than seven and one-half per cent the	4383
weight provisions of those sections 5577.01 to 5577.09 of the	4384
Revised Code, both of the following apply without regard to the	4385
seven and one-half per cent allowance provided by this division:	4386

(1) The applicable penalty prescribed in section 5577.99 of	4387
the Revised Code;	4388

(2) The civil liability imposed by section 5577.12 of the	4389
Revised Code.	4390

(C)(D)(1) Division (B) of this section does not apply to the	4391
operation of a farm truck, logforest product truck, or farm	4392
machinery transporting farm commodities during the months of	4393
February and March.	4394

(2) Regardless of when the operation occurs, division (B) of	4395
this section does not apply to the operation of a coal truck, a	4396
farm truck, a log truck, a solid waste haul vehicle, or farm	4397
machinery transporting farm commodities on either of the	4398
following:	4399

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

4400

(b) A highway, road, or bridge that is subject to reduced	4401
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	4402
5577.09, or 5591.42 of the Revised Code.	4403

Sec. 5751.01.  As used in this chapter:

4404

(A) "Person" means, but is not limited to, individuals,	4405
combinations of individuals of any form, receivers, assignees,	4406
trustees in bankruptcy, firms, companies, joint-stock companies,	4407
business trusts, estates, partnerships, limited liability	4408
partnerships, limited liability companies, associations, joint	4409
ventures, clubs, societies, for-profit corporations, S	4410
corporations, qualified subchapter S subsidiaries, qualified	4411
subchapter S trusts, trusts, entities that are disregarded for	4412
federal income tax purposes, and any other entities.	4413

(B) "Consolidated elected taxpayer" means a group of two or	4414
more persons treated as a single taxpayer for purposes of this	4415
chapter as the result of an election made under section 5751.011	4416
of the Revised Code.	4417

(C) "Combined taxpayer" means a group of two or more persons	4418
treated as a single taxpayer for purposes of this chapter under	4419
section 5751.012 of the Revised Code.	4420

(D) "Taxpayer" means any person, or any group of persons in	4421
the case of a consolidated elected taxpayer or combined taxpayer	4422
treated as one taxpayer, required to register or pay tax under	4423
this chapter. "Taxpayer" does not include excluded persons.	4424

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

4425

(1) Any person with not more than one hundred fifty thousand	4426
dollars of taxable gross receipts during the calendar year.	4427
Division (E)(1) of this section does not apply to a person that is	4428
a member of a consolidated elected taxpayer;	4429

(2) A public utility that paid the excise tax imposed by	4430
section 5727.24 or 5727.30 of the Revised Code based on one or	4431
more measurement periods that include the entire tax period under	4432
this chapter, except that a public utility that is a combined	4433
company is a taxpayer with regard to the following gross receipts:	4434

(a) Taxable gross receipts directly attributed to a public	4435
utility activity, but not directly attributed to an activity that	4436
is subject to the excise tax imposed by section 5727.24 or 5727.30	4437
of the Revised Code;	4438

(b) Taxable gross receipts that cannot be directly attributed	4439
to any activity, multiplied by a fraction whose numerator is the	4440
taxable gross receipts described in division (E)(2)(a) of this	4441
section and whose denominator is the total taxable gross receipts	4442
that can be directly attributed to any activity;	4443

(c) Except for any differences resulting from the use of an	4444
accrual basis method of accounting for purposes of determining	4445
gross receipts under this chapter and the use of the cash basis	4446
method of accounting for purposes of determining gross receipts	4447
under section 5727.24 of the Revised Code, the gross receipts	4448
directly attributed to the activity of a natural gas company shall	4449
be determined in a manner consistent with division (D) of section	4450
5727.03 of the Revised Code.	4451

As used in division (E)(2) of this section, "combined	4452
company" and "public utility" have the same meanings as in section	4453
5727.01 of the Revised Code.	4454

(3) A financial institution, as defined in section 5725.01 of	4455
the Revised Code, that paid the corporation franchise tax charged	4456
by division (D) of section 5733.06 of the Revised Code based on	4457
one or more taxable years that include the entire tax period under	4458
this chapter;	4459

(4) A dealer in intangibles, as defined in section 5725.01 of	4460
the Revised Code, that paid the dealer in intangibles tax levied	4461
by division (D) of section 5707.03 of the Revised Code based on	4462
one or more measurement periods that include the entire tax period	4463
under this chapter;	4464

(5) A financial holding company as defined in the "Bank	4465
Holding Company Act," 12 U.S.C. 1841(p);	4466

(6) A bank holding company as defined in the "Bank Holding	4467
Company Act," 12 U.S.C. 1841(a);	4468

(7) A savings and loan holding company as defined in the	4469
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	4470
only in activities or investments permissible for a financial	4471
holding company under 12 U.S.C. 1843(k);	4472

(8) A person directly or indirectly owned by one or more	4473
financial institutions, financial holding companies, bank holding	4474
companies, or savings and loan holding companies described in	4475
division (E)(3), (5), (6), or (7) of this section that is engaged	4476
in activities permissible for a financial holding company under 12	4477
U.S.C. 1843(k), except that any such person held pursuant to	4478
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	4479
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	4480
directly or indirectly owned by one or more insurance companies	4481
described in division (E)(9) of this section that is authorized to	4482
do the business of insurance in this state.	4483

For the purposes of division (E)(8) of this section, a person	4484
owns another person under the following circumstances:	4485

(a) In the case of corporations issuing capital stock, one	4486
corporation owns another corporation if it owns fifty per cent or	4487
more of the other corporation's capital stock with current voting	4488
rights;	4489

(b) In the case of a limited liability company, one person	4490
owns the company if that person's membership interest, as defined	4491
in section 1705.01 of the Revised Code, is fifty per cent or more	4492
of the combined membership interests of all persons owning such	4493
interests in the company;	4494

(c) In the case of a partnership, trust, or other	4495
unincorporated business organization other than a limited	4496
liability company, one person owns the organization if, under the	4497
articles of organization or other instrument governing the affairs	4498
of the organization, that person has a beneficial interest in the	4499
organization's profits, surpluses, losses, or distributions of	4500
fifty per cent or more of the combined beneficial interests of all	4501
persons having such an interest in the organization;	4502

(d) In the case of multiple ownership, the ownership	4503
interests of more than one person may be aggregated to meet the	4504
fifty per cent ownership tests in this division only when each	4505
such owner is described in division (E)(3), (5), (6), or (7) of	4506
this section and is engaged in activities permissible for a	4507
financial holding company under 12 U.S.C. 1843(k) or is a person	4508
directly or indirectly owned by one or more insurance companies	4509
described in division (E)(9) of this section that is authorized to	4510
do the business of insurance in this state.	4511

(9) A domestic insurance company or foreign insurance	4512
company, as defined in section 5725.01 of the Revised Code, that	4513
paid the insurance company premiums tax imposed by section 5725.18	4514
or Chapter 5729. of the Revised Code based on one or more	4515
measurement periods that include the entire tax period under this	4516
chapter;	4517

(10) A person that solely facilitates or services one or more	4518
securitizations or similar transactions for any person described	4519
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	4520
For purposes of this division, "securitization" means transferring	4521
one or more assets to one or more persons and then issuing	4522
securities backed by the right to receive payment from the asset	4523
or assets so transferred.	4524

(11) Except as otherwise provided in this division, a	4525
pre-income tax trust as defined in division (FF)(4) of section	4526
5747.01 of the Revised Code and any pass-through entity of which	4527
such pre-income tax trust owns or controls, directly, indirectly,	4528
or constructively through related interests, more than five per	4529
cent of the ownership or equity interests. If the pre-income tax	4530
trust has made a qualifying pre-income tax trust election under	4531
division (FF)(3) of section 5747.01 of the Revised Code, then the	4532
trust and the pass-through entities of which it owns or controls,	4533
directly, indirectly, or constructively through related interests,	4534
more than five per cent of the ownership or equity interests,	4535
shall not be excluded persons for purposes of the tax imposed	4536
under section 5751.02 of the Revised Code.	4537

(12) Nonprofit organizations or the state and its agencies,	4538
instrumentalities, or political subdivisions.	4539

(F) Except as otherwise provided in divisions (F)(2), (3),	4540
and (4) of this section, "gross receipts" means the total amount	4541
realized by a person, without deduction for the cost of goods sold	4542
or other expenses incurred, that contributes to the production of	4543
gross income of the person, including the fair market value of any	4544
property and any services received, and any debt transferred or	4545
forgiven as consideration.	4546

(1) The following are examples of gross receipts:

4547

(a) Amounts realized from the sale, exchange, or other	4548
disposition of the taxpayer's property to or with another;	4549

(b) Amounts realized from the taxpayer's performance of	4550
services for another;	4551

(c) Amounts realized from another's use or possession of the	4552
taxpayer's property or capital;	4553

(d) Any combination of the foregoing amounts.

4554

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

4555

(a) Interest income except interest on credit sales;

4556

(b) Dividends and distributions from corporations, and	4557
distributive or proportionate shares of receipts and income from a	4558
pass-through entity as defined under section 5733.04 of the	4559
Revised Code;	4560

(c) Receipts from the sale, exchange, or other disposition of	4561
an asset described in section 1221 or 1231 of the Internal Revenue	4562
Code, without regard to the length of time the person held the	4563
asset. Notwithstanding section 1221 of the Internal Revenue Code,	4564
receipts from hedging transactions also are excluded to the extent	4565
the transactions are entered into primarily to protect a financial	4566
position, such as managing the risk of exposure to (i) foreign	4567
currency fluctuations that affect assets, liabilities, profits,	4568
losses, equity, or investments in foreign operations; (ii)	4569
interest rate fluctuations; or (iii) commodity price fluctuations.	4570
As used in division (F)(2)(c) of this section, "hedging	4571
transaction" has the same meaning as used in section 1221 of the	4572
Internal Revenue Code and also includes transactions accorded	4573
hedge accounting treatment under statement of financial accounting	4574
standards number 133 of the financial accounting standards board.	4575
For the purposes of division (F)(2)(c) of this section, the actual	4576
transfer of title of real or tangible personal property to another	4577
entity is not a hedging transaction.	4578

(d) Proceeds received attributable to the repayment,	4579
maturity, or redemption of the principal of a loan, bond, mutual	4580
fund, certificate of deposit, or marketable instrument;	4581

(e) The principal amount received under a repurchase	4582
agreement or on account of any transaction properly characterized	4583
as a loan to the person;	4584

(f) Contributions received by a trust, plan, or other	4585
arrangement, any of which is described in section 501(a) of the	4586
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	4587
1, Subchapter (D) of the Internal Revenue Code applies;	4588

(g) Compensation, whether current or deferred, and whether in	4589
cash or in kind, received or to be received by an employee, former	4590
employee, or the employee's legal successor for services rendered	4591
to or for an employer, including reimbursements received by or for	4592
an individual for medical or education expenses, health insurance	4593
premiums, or employee expenses, or on account of a dependent care	4594
spending account, legal services plan, any cafeteria plan	4595
described in section 125 of the Internal Revenue Code, or any	4596
similar employee reimbursement;	4597

(h) Proceeds received from the issuance of the taxpayer's own	4598
stock, options, warrants, puts, or calls, or from the sale of the	4599
taxpayer's treasury stock;	4600

(i) Proceeds received on the account of payments from	4601
insurance policies, except those proceeds received for the loss of	4602
business revenue;	4603

(j) Gifts or charitable contributions received; membership	4604
dues received by trade, professional, homeowners', or condominium	4605
associations; and payments received for educational courses,	4606
meetings, meals, or similar payments to a trade, professional, or	4607
other similar association; and fundraising receipts received by	4608
any person when any excess receipts are donated or used	4609
exclusively for charitable purposes;	4610

(k) Damages received as the result of litigation in excess of	4611
amounts that, if received without litigation, would be gross	4612
receipts;	4613

(l) Property, money, and other amounts received or acquired	4614
by an agent on behalf of another in excess of the agent's	4615
commission, fee, or other remuneration;	4616

(m) Tax refunds, other tax benefit recoveries, and	4617
reimbursements for the tax imposed under this chapter made by	4618
entities that are part of the same combined taxpayer or	4619
consolidated elected taxpayer group, and reimbursements made by	4620
entities that are not members of a combined taxpayer or	4621
consolidated elected taxpayer group that are required to be made	4622
for economic parity among multiple owners of an entity whose tax	4623
obligation under this chapter is required to be reported and paid	4624
entirely by one owner, pursuant to the requirements of sections	4625
5751.011 and 5751.012 of the Revised Code;	4626

(n) Pension reversions;

4627

(o) Contributions to capital;

4628

(p) Sales or use taxes collected as a vendor or an	4629
out-of-state seller on behalf of the taxing jurisdiction from a	4630
consumer or other taxes the taxpayer is required by law to collect	4631
directly from a purchaser and remit to a local, state, or federal	4632
tax authority;	4633

(q) In the case of receipts from the sale of cigarettes or	4634
tobacco products by a wholesale dealer, retail dealer,	4635
distributor, manufacturer, or seller, all as defined in section	4636
5743.01 of the Revised Code, an amount equal to the federal and	4637
state excise taxes paid by any person on or for such cigarettes or	4638
tobacco products under subtitle E of the Internal Revenue Code or	4639
Chapter 5743. of the Revised Code;	4640

(r) In the case of receipts from the sale of motor fuel by a	4641
licensed motor fuel dealer, licensed retail dealer, or licensed	4642
permissive motor fuel dealer, all as defined in section 5735.01 of	4643
the Revised Code, an amount equal to federal and state excise	4644
taxes paid by any person on such motor fuel under section 4081 of	4645
the Internal Revenue Code or Chapter 5735. of the Revised Code;	4646

(s) In the case of receipts from the sale of beer or	4647
intoxicating liquor, as defined in section 4301.01 of the Revised	4648
Code, by a person holding a permit issued under Chapter 4301. or	4649
4303. of the Revised Code, an amount equal to federal and state	4650
excise taxes paid by any person on or for such beer or	4651
intoxicating liquor under subtitle E of the Internal Revenue Code	4652
or Chapter 4301. or 4305. of the Revised Code;	4653

(t) Receipts realized by a new motor vehicle dealer or used	4654
motor vehicle dealer, as defined in section 4517.01 of the Revised	4655
Code, from the sale or other transfer of a motor vehicle, as	4656
defined in that section, to another motor vehicle dealer for the	4657
purpose of resale by the transferee motor vehicle dealer, but only	4658
if the sale or other transfer was based upon the transferee's need	4659
to meet a specific customer's preference for a motor vehicle;	4660

(u) Receipts from a financial institution described in	4661
division (E)(3) of this section for services provided to the	4662
financial institution in connection with the issuance, processing,	4663
servicing, and management of loans or credit accounts, if such	4664
financial institution and the recipient of such receipts have at	4665
least fifty per cent of their ownership interests owned or	4666
controlled, directly or constructively through related interests,	4667
by common owners;	4668

(v) Receipts realized from administering anti-neoplastic	4669
drugs and other cancer chemotherapy, biologicals, therapeutic	4670
agents, and supportive drugs in a physician's office to patients	4671
with cancer;	4672

(w) Funds received or used by a mortgage broker that is not a	4673
dealer in intangibles, other than fees or other consideration,	4674
pursuant to a table-funding mortgage loan or warehouse-lending	4675
mortgage loan. Terms used in division (F)(2)(w) of this section	4676
have the same meanings as in section 1322.01 of the Revised Code,	4677
except "mortgage broker" means a person assisting a buyer in	4678
obtaining a mortgage loan for a fee or other consideration paid by	4679
the buyer or a lender, or a person engaged in table-funding or	4680
warehouse-lending mortgage loans that are first lien mortgage	4681
loans.	4682

(x) Property, money, and other amounts received by a	4683
professional employer organization, as defined in section 4125.01	4684
of the Revised Code, from a client employer, as defined in that	4685
section, in excess of the administrative fee charged by the	4686
professional employer organization to the client employer;	4687

(y) In the case of amounts retained as commissions by a	4688
permit holder under Chapter 3769. of the Revised Code, an amount	4689
equal to the amounts specified under that chapter that must be	4690
paid to or collected by the tax commissioner as a tax and the	4691
amounts specified under that chapter to be used as purse money;	4692

(z) Qualifying distribution center receipts.

4693

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

4694

(I) "Qualifying distribution center receipts" means receipts	4695
of a supplier from qualified property that is delivered to a	4696
qualified distribution center, multiplied by a quantity that	4697
equals one minus the Ohio delivery percentage.	4698

(II) "Qualified property" means tangible personal property	4699
delivered to a qualified distribution center that is shipped to	4700
that qualified distribution center solely for further shipping by	4701
the qualified distribution center to another location in this	4702
state or elsewhere. "Further shipping" includes storing and	4703
repackaging such property into smaller or larger bundles, so long	4704
as such property is not subject to further manufacturing or	4705
processing.	4706

(III) "Qualified distribution center" means a warehouse or	4707
other similar facility in this state that, for the qualifying	4708
year, is operated by a person that is not part of a combined	4709
taxpayer group and that has a qualifying certificate. However, all	4710
warehouses or other similar facilities that are operated by	4711
persons in the same taxpayer group and that are located within one	4712
mile of each other shall be treated as one qualified distribution	4713
center.	4714

(IV) "Qualifying year" means the calendar year to which the	4715
qualifying certificate applies.	4716

(V) "Qualifying period" means the period of the first day of	4717
July of the second year preceding the qualifying year through the	4718
thirtieth day of June of the year preceding the qualifying year.	4719

(VI) "Qualifying certificate" means the certificate issued by	4720
the tax commissioner after the operator of a distribution center	4721
files an annual application with the commissioner. The application	4722
and annual fee shall be filed and paid for each qualified	4723
distribution center on or before the first day of September before	4724
the qualifying year or within forty-five days after the	4725
distribution center opens, whichever is later.	4726

The applicant must substantiate to the commissioner's	4727
satisfaction that, for the qualifying period, all persons	4728
operating the distribution center have more than fifty per cent of	4729
the cost of the qualified property shipped to a location such that	4730
it would be sitused outside this state under the provisions of	4731
division (E) of section 5751.033 of the Revised Code. The	4732
applicant must also substantiate that the distribution center	4733
cumulatively had costs from its suppliers equal to or exceeding	4734
five hundred million dollars during the qualifying period. (For	4735
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	4736
excludes any person that is part of the consolidated elected	4737
taxpayer group, if applicable, of the operator of the qualified	4738
distribution center.) The commissioner may require the applicant	4739
to have an independent certified public accountant certify that	4740
the calculation of the minimum thresholds required for a qualified	4741
distribution center by the operator of a distribution center has	4742
been made in accordance with generally accepted accounting	4743
principles. The commissioner shall issue or deny the issuance of a	4744
certificate within sixty days after the receipt of the	4745
application. A denial is subject to appeal under section 5717.02	4746
of the Revised Code. If the operator files a timely appeal under	4747
section 5717.02 of the Revised Code, the operator shall be granted	4748
a qualifying certificate, provided that the operator is liable for	4749
any tax, interest, or penalty upon amounts claimed as qualifying	4750
distribution center receipts, other than those receipts exempt	4751
under division (C)(1) of section 5751.011 of the Revised Code,	4752
that would have otherwise not been owed by its suppliers if the	4753
qualifying certificate was valid.	4754

(VII) "Ohio delivery percentage" means the proportion of the	4755
total property delivered to a destination inside Ohio from the	4756
qualified distribution center during the qualifying period	4757
compared with total deliveries from such distribution center	4758
everywhere during the qualifying period.	4759

(ii) If the distribution center is new and was not open for	4760
the entire qualifying period, the operator of the distribution	4761
center may request that the commissioner grant a qualifying	4762
certificate. If the certificate is granted and it is later	4763
determined that more than fifty per cent of the qualified property	4764
during that year was not shipped to a location such that it would	4765
be sitused outside of this state under the provisions of division	4766
(E) of section 5751.033 of the Revised Code or if it is later	4767
determined that the person that operates the distribution center	4768
had average monthly costs from its suppliers of less than forty	4769
million dollars during that year, then the operator of the	4770
distribution center shall be liable for any tax, interest, or	4771
penalty upon amounts claimed as qualifying distribution center	4772
receipts, other than those receipts exempt under division (C)(1)	4773
of section 5751.011 of the Revised Code, that would have not	4774
otherwise been owed by its suppliers during the qualifying year if	4775
the qualifying certificate was valid. (For purposes of division	4776
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	4777
is part of the consolidated elected taxpayer group, if applicable,	4778
of the operator of the qualified distribution center.)	4779

(iii) When filing an application for a qualifying certificate	4780
under division (F)(2)(z)(i)(VI) of this section, the operator of a	4781
qualified distribution center also shall provide documentation, as	4782
the commissioner requires, for the commissioner to ascertain the	4783
Ohio delivery percentage. The commissioner, upon issuing the	4784
qualifying certificate, also shall certify the Ohio delivery	4785
percentage. The operator of the qualified distribution center may	4786
appeal the commissioner's certification of the Ohio delivery	4787
percentage in the same manner as an appeal is taken from the	4788
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	4789
of this section.	4790

Within thirty days after all appeals have been exhausted, the	4791
operator of the qualified distribution center shall notify the	4792
affected suppliers of qualified property that such suppliers are	4793
required to file, within sixty days after receiving notice from	4794
the operator of the qualified distribution center, amended reports	4795
for the impacted calendar quarter or quarters or calendar year,	4796
whichever the case may be. Any additional tax liability or tax	4797
overpayment shall be subject to interest but shall not be subject	4798
to the imposition of any penalty so long as the amended returns	4799
are timely filed. The supplier of tangible personal property	4800
delivered to the qualified distribution center shall include in	4801
its report of taxable gross receipts the receipts from the total	4802
sales of property delivered to the qualified distribution center	4803
for the calendar quarter or calendar year, whichever the case may	4804
be, multiplied by the Ohio delivery percentage for the qualifying	4805
year. Nothing in division (F)(2)(z)(iii) of this section shall be	4806
construed as imposing liability on the operator of a qualified	4807
distribution center for the tax imposed by this chapter arising	4808
from any change to the Ohio delivery percentage.	4809

(iv) In the case where the distribution center is new and not	4810
open for the entire qualifying period, the operator shall make a	4811
good faith estimate of an Ohio delivery percentage for use by	4812
suppliers in their reports of taxable gross receipts for the	4813
remainder of the qualifying period. The operator of the facility	4814
shall disclose to the suppliers that such Ohio delivery percentage	4815
is an estimate and is subject to recalculation. By the due date of	4816
the next application for a qualifying certificate, the operator	4817
shall determine the actual Ohio delivery percentage for the	4818
estimated qualifying period and proceed as provided in division	4819
(F)(2)(z)(iii) of this section with respect to the calculation and	4820
recalculation of the Ohio delivery percentage. The supplier is	4821
required to file, within sixty days after receiving notice from	4822
the operator of the qualified distribution center, amended reports	4823
for the impacted calendar quarter or quarters or calendar year,	4824
whichever the case may be. Any additional tax liability or tax	4825
overpayment shall be subject to interest but shall not be subject	4826
to the imposition of any penalty so long as the amended returns	4827
are timely filed.	4828

(v) Qualifying certificates and Ohio delivery percentages	4829
issued by the commissioner shall be open to public inspection and	4830
shall be timely published by the commissioner. A supplier relying	4831
in good faith on a certificate issued under this division shall	4832
not be subject to tax on the qualifying distribution center	4833
receipts under division (F)(2)(z) of this section. A person	4834
receiving a qualifying certificate is responsible for paying the	4835
tax, interest, and penalty upon amounts claimed as qualifying	4836
distribution center receipts that would not otherwise have been	4837
owed by the supplier if the qualifying certificate were available	4838
when it is later determined that the qualifying certificate should	4839
not have been issued because the statutory requirements were in	4840
fact not met.	4841

(vi) The annual fee for a qualifying certificate shall be one	4842
hundred thousand dollars for each qualified distribution center.	4843
If a qualifying certificate is not issued, the annual fee is	4844
subject to refund after the exhaustion of all appeals provided for	4845
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	4846
under this division may be assessed in the same manner as the tax	4847
imposed under this chapter. The first one hundred thousand dollars	4848
of the annual application fees collected each calendar year shall	4849
be credited to the commercial activity tax administrative fund.	4850
The remainder of the annual application fees collected shall be	4851
distributed in the same manner required under section 5751.20 of	4852
the Revised Code.	4853

(vii) The tax commissioner may require that adequate security	4854
be posted by the operator of the distribution center on appeal	4855
when the commissioner disagrees that the applicant has met the	4856
minimum thresholds for a qualified distribution center as set	4857
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	4858
section.	4859

(aa) Receipts of an employer from payroll deductions relating	4860
to the reimbursement of the employer for advancing moneys to an	4861
unrelated third party on an employee's behalf;	4862

(bb) Cash discounts allowed and taken;

4863

(cc) Returns and allowances;

4864

(dd) Bad debts from receipts on the basis of which the tax	4865
imposed by this chapter was paid in a prior quarterly tax payment	4866
period. For the purpose of this division, "bad debts" means any	4867
debts that have become worthless or uncollectible between the	4868
preceding and current quarterly tax payment periods, have been	4869
uncollected for at least six months, and that may be claimed as a	4870
deduction under section 166 of the Internal Revenue Code and the	4871
regulations adopted under that section, or that could be claimed	4872
as such if the taxpayer kept its accounts on the accrual basis.	4873
"Bad debts" does not include repossessed property, uncollectible	4874
amounts on property that remains in the possession of the taxpayer	4875
until the full purchase price is paid, or expenses in attempting	4876
to collect any account receivable or for any portion of the debt	4877
recovered;	4878

(ee) Any amount realized from the sale of an account	4879
receivable to the extent the receipts from the underlying	4880
transaction giving rise to the account receivable were included in	4881
the gross receipts of the taxpayer;	4882

(ff) Any receipts for which the tax imposed by this chapter	4883
is prohibited by the Constitution or laws of the United States or	4884
the Constitution of Ohio.	4885

(gg) Amounts realized by licensed motor fuel dealers or	4886
licensed permissive motor fuel dealers from the exchange of	4887
petroleum products, including motor fuel, between such dealers,	4888
provided that delivery of the petroleum products occurs at a	4889
refinery, terminal, pipeline, or marine vessel and that the	4890
exchanging dealers agree neither dealer shall require monetary	4891
compensation from the other for the value of the exchanged	4892
petroleum products other than such compensation for differences in	4893
product location or grade. Division (F)(2)(gg) of this section	4894
does not apply to amounts realized as a result of differences in	4895
location or grade of exchanged petroleum products or from	4896
handling, lubricity, dye, or other additive injections fees,	4897
pipeline security fees, or similar fees. As used in this division,	4898
"motor fuel," "licensed motor fuel dealer," "licensed permissive	4899
motor fuel dealer," and "terminal" have the same meanings as in	4900
section 5735.01 of the Revised Code.	4901

(3) In the case of a taxpayer when acting as a real estate	4902
broker, "gross receipts" includes only the portion of any fee for	4903
the service of a real estate broker, or service of a real estate	4904
salesperson associated with that broker, that is retained by the	4905
broker and not paid to an associated real estate salesperson or	4906
another real estate broker. For the purposes of this division,	4907
"real estate broker" and "real estate salesperson" have the same	4908
meanings as in section 4735.01 of the Revised Code.	4909

(4) A taxpayer's method of accounting for gross receipts for	4910
a tax period shall be the same as the taxpayer's method of	4911
accounting for federal income tax purposes for the taxpayer's	4912
federal taxable year that includes the tax period. If a taxpayer's	4913
method of accounting for federal income tax purposes changes, its	4914
method of accounting for gross receipts under this chapter shall	4915
be changed accordingly.	4916

(G) "Taxable gross receipts" means gross receipts sitused to	4917
this state under section 5751.033 of the Revised Code.	4918

(H) A person has "substantial nexus with this state" if any	4919
of the following applies. The person:	4920

(1) Owns or uses a part or all of its capital in this state;

4921

(2) Holds a certificate of compliance with the laws of this	4922
state authorizing the person to do business in this state;	4923

(3) Has bright-line presence in this state;

4924

(4) Otherwise has nexus with this state to an extent that the	4925
person can be required to remit the tax imposed under this chapter	4926
under the Constitution of the United States.	4927

(I) A person has "bright-line presence" in this state for a	4928
reporting period and for the remaining portion of the calendar	4929
year if any of the following applies. The person:	4930

(1) Has at any time during the calendar year property in this	4931
state with an aggregate value of at least fifty thousand dollars.	4932
For the purpose of division (I)(1) of this section, owned property	4933
is valued at original cost and rented property is valued at eight	4934
times the net annual rental charge.	4935

(2) Has during the calendar year payroll in this state of at	4936
least fifty thousand dollars. Payroll in this state includes all	4937
of the following:	4938

(a) Any amount subject to withholding by the person under	4939
section 5747.06 of the Revised Code;	4940

(b) Any other amount the person pays as compensation to an	4941
individual under the supervision or control of the person for work	4942
done in this state; and	4943

(c) Any amount the person pays for services performed in this	4944
state on its behalf by another.	4945

(3) Has during the calendar year taxable gross receipts of at	4946
least five hundred thousand dollars.	4947

(4) Has at any time during the calendar year within this	4948
state at least twenty-five per cent of the person's total	4949
property, total payroll, or total gross receipts.	4950

(5) Is domiciled in this state as an individual or for	4951
corporate, commercial, or other business purposes.	4952

(J) "Tangible personal property" has the same meaning as in	4953
section 5739.01 of the Revised Code.	4954

(K) "Internal Revenue Code" means the Internal Revenue Code	4955
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	4956
this chapter that is not otherwise defined has the same meaning as	4957
when used in a comparable context in the laws of the United States	4958
relating to federal income taxes unless a different meaning is	4959
clearly required. Any reference in this chapter to the Internal	4960
Revenue Code includes other laws of the United States relating to	4961
federal income taxes.	4962

(L) "Calendar quarter" means a three-month period ending on	4963
the thirty-first day of March, the thirtieth day of June, the	4964
thirtieth day of September, or the thirty-first day of December.	4965

(M) "Tax period" means the calendar quarter or calendar year	4966
on the basis of which a taxpayer is required to pay the tax	4967
imposed under this chapter.	4968

(N) "Calendar year taxpayer" means a taxpayer for which the	4969
tax period is a calendar year.	4970

(O) "Calendar quarter taxpayer" means a taxpayer for which	4971
the tax period is a calendar quarter.	4972

(P) "Agent" means a person authorized by another person to	4973
act on its behalf to undertake a transaction for the other,	4974
including any of the following:	4975

(1) A person receiving a fee to sell financial instruments;

4976

(2) A person retaining only a commission from a transaction	4977
with the other proceeds from the transaction being remitted to	4978
another person;	4979

(3) A person issuing licenses and permits under section	4980
1533.13 of the Revised Code;	4981

(4) A lottery sales agent holding a valid license issued	4982
under section 3770.05 of the Revised Code;	4983

(5) A person acting as an agent of the division of liquor	4984
control under section 4301.17 of the Revised Code.	4985

(Q) "Received" includes amounts accrued under the accrual	4986
method of accounting.	4987

(R) "Reporting person" means a person in a consolidated	4988
elected taxpayer or combined taxpayer group that is designated by	4989
that group to legally bind the group for all filings and tax	4990
liabilities and to receive all legal notices with respect to	4991
matters under this chapter, or, for the purposes of section	4992
5751.04 of the Revised Code, a separate taxpayer that is not a	4993
member of such a group.	4994

Section 101.02. That existing sections 122.075, 125.11,	4995
127.12, 164.04, 164.08, 4163.07, 4301.62, 4501.02, 4501.06,	4996
4501.21, 4501.81, 4503.03, 4503.031, 4503.04, 4503.521, 4503.62,	4997
4503.94, 4505.06, 4505.09, 4506.08, 4507.05, 4507.23, 4510.43,	4998
4511.108, 4511.53, 4511.69, 4513.24, 4517.01, 4517.02, 4517.33,	4999
4582.12, 4582.31, 4905.802, 5501.51, 5501.55, 5502.011, 5525.15,	5000
5577.042, and 5751.01 of the Revised Code are hereby repealed.	5001

Section 105.01. That sections 4501.14 and 4905.801 of the	5002
Revised Code are hereby repealed.	5003

Section 201.10.  Except as otherwise provided, all	5004
appropriation items in this act are hereby appropriated out of any	5005
moneys in the state treasury to the credit of the designated fund	5006
that are not otherwise appropriated. For all appropriations made	5007
in this act, the amounts in the first column are for fiscal year	5008
2012 and the amounts in the second column are for fiscal year	5009
2013.	5010

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

5011

FUND

TITLE

FY 2012

FY 2013

5012

Highway Operating Fund Group	5013

2120	772426		Highway Infrastructure Bank - Federal		$	6,775,000		$	6,725,000		5014
2120	772427		Highway Infrastructure Bank - State		$	12,700,000		$	12,750,000		5015
2120	772430		Infrastructure Debt Reserve Title 23-49		$	525,000		$	525,000		5016
2130	772431		Roadway Infrastructure Bank - State		$	2,500,000		$	2,500,000		5017
2130	772433		Infrastructure Debt Reserve - State		$	1,000,000		$	1,000,000		5018
2130	775457		Transit Infrastructure Bank - State		$	250,000		$	250,000		5019
2130	777477		Aviation Infrastructure Bank - State		$	1,250,000		$	1,250,000		5020
7002	771411		Planning and Research - State		$	23,474,971		$	23,057,800		5021
7002	771412		Planning and Research - Federal		$	28,647,965		$	28,925,138		5022
7002	772421		Highway Construction - State		$	495,573,672		$	472,982,710		5023
7002	772422		Highway Construction - Federal		$	1,146,641,723		$	1,180,471,714		5024
7002	772424		Highway Construction - Other		$	80,000,000		$	80,000,000		5025
7002	772437		GARVEE Debt Service - State		$	31,918,500		$	33,276,100		5026
7002	772438		GARVEE Debt Service - Federal		$	139,155,600		$	144,590,400		5027
7002	773431		Highway Maintenance - State		$	454,853,435		$	469,400,101		5028
7002	775452		Public Transportation - Federal		$	27,060,785		$	27,060,785		5029
7002	775454		Public Transportation - Other		$	1,500,000		$	1,500,000		5030
7002	775459		Elderly and Disabled Special Equipment		$	4,730,000		$	4,730,000		5031
7002	776462		Grade Crossings - Federal		$	14,200,000		$	14,240,000		5032
7002	777472		Airport Improvements - Federal		$	405,000		$	405,000		5033
7002	777475		Aviation Administration		$	5,453,108		$	5,374,144		5034
7002	779491		Administration - State		$	136,462,349		$	140,904,501		5035
TOTAL HOF Highway Operating											5036
Fund Group					$	2,615,077,108		$	2,651,918,393		5037

State Special Revenue Fund Group	5038

4N40	776663		Panhandle Lease Reserve Payments		$	764,300		$	0		5039
4N40	776664		Rail Transportation - Other		$	2,111,500		$	2,875,800		5040
5W90	777615		County Airport Maintenance		$	620,000		$	620,000		5041
TOTAL SSR State Special Revenue											5042
Fund Group					$	3,495,800		$	3,495,800		5043

Infrastructure Bank Obligations Fund Group	5044

7045	772428		Highway Infrastructure Bank - Bonds		$	45,400,000		$	98,000,000		5045
TOTAL 045 Infrastructure Bank											5046
Obligations Fund Group					$	45,400,000		$	98,000,000		5047

Highway Capital Improvement Fund Group	5048

7042	772723		Highway Construction - Bonds		$	36,600,000		$	91,600,000		5049
TOTAL 042 Highway Capital											5050
Improvement Fund Group					$	36,600,000		$	91,600,000		5051
TOTAL ALL BUDGET FUND GROUPS					$	2,700,572,908		$	2,845,014,193		5052

Section 203.20. PUBLIC ACCESS ROADS FOR DNR FACILITIES

5054

Of the foregoing appropriation item 772421, Highway	5055
Construction – State, $5,000,000 shall be used in each fiscal year	5056
for the construction, reconstruction, or maintenance of public	5057
access roads, including support features, to and within state	5058
facilities owned or operated by the Department of Natural	5059
Resources.	5060

Section 203.30. PUBLIC ACCESS FOR ROADS FOR PARKS AND	5061
EXPOSITIONS COMMISSION'S FACILITIES	5062

Notwithstanding section 5511.06 of the Revised Code, of the	5063
foregoing appropriation item 772421, Highway Construction – State,	5064
$2,228,000 in each fiscal year shall be used for the construction,	5065
reconstruction, or maintenance of park drives or park roads within	5066
the boundaries of metropolitan parks.	5067

The Department of Transportation may use the foregoing	5068
appropriation item 772421, Highway Construction – State, to	5069
perform related road work on behalf of the Ohio Expositions	5070
Commission at the state fairgrounds, including reconstruction or	5071
maintenance of public access roads and support features to and	5072
within fairgrounds facilities, as requested by the Commission and	5073
approved by the Director of Transportation.	5074

Section 203.30.10. SHARONVILLE RAIL YARD STUDY

5075

Of the foregoing appropriation item 776664, Rail	5076
Transportation - Other, $25,000 shall be used in fiscal year 2012	5077
for a study of the capacity and design of the Sharonville Rail	5078
Yard. The study shall include recommendations for possible	5079
improvements to or redesign of the rail yard.	5080

Section 203.40.  ISSUANCE OF BONDS

5081

The Treasurer of State, upon the request of the Director of	5082
Transportation, is authorized to issue and sell, in accordance	5083
with Section 2m of Article VIII, Ohio Constitution, and Chapter	5084
151. and particularly sections 151.01 and 151.06 of the Revised	5085
Code, obligations, including bonds and notes, in the aggregate	5086
amount of $123,000,000 in addition to the original issuance of	5087
obligations authorized by prior acts of the General Assembly.	5088

The obligations shall be issued and sold from time to time in	5089
amounts necessary to provide sufficient moneys to the credit of	5090
the Highway Capital Improvement Fund (Fund 7042) created by	5091
section 5528.53 of the Revised Code to pay costs charged to the	5092
fund when due as estimated by the Director of Transportation,	5093
provided, however, that such obligations shall be issued and sold	5094
at such time or times so that not more than $220,000,000 original	5095
principal amount of obligations, plus the principal amount of	5096
obligations that in prior fiscal years could have been, but were	5097
not, issued within the $220,000,000 limit, may be issued in any	5098
fiscal year, and not more than $1,200,000,000 original principal	5099
amount of such obligations are outstanding at any one time.	5100

Section 203.50. TRANSFER OF HIGHWAY OPERATING FUND (FUND	5101
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION,	5102
HIGHWAY MAINTENANCE, PUBLIC TRANSPORTATION, RAIL, AVIATION, AND	5103
ADMINISTRATION	5104

The Director of Budget and Management may approve requests	5105
from the Director of Transportation for transfer of Highway	5106
Operating Fund (Fund 7002) appropriations for planning and	5107
research (appropriation items 771411 and 771412), highway	5108
construction and debt service (appropriation items 772421, 772422,	5109
772424, 772437, and 772438), highway maintenance (appropriation	5110
item 773431), public transportation - federal (appropriation item	5111
775452), elderly and disabled special equipment (appropriation	5112
item 775459), rail grade crossings (appropriation item 776462),	5113
aviation (appropriation item 777475), and administration	5114
(appropriation item 779491). The Director of Budget and Management	5115
may not make transfers out of debt service appropriation items	5116
unless the Director determines that the appropriated amounts	5117
exceed the actual and projected debt service requirements.	5118
Transfers of appropriations may be made upon the written request	5119
of the Director of Transportation and with the approval of the	5120
Director of Budget and Management. The transfers shall be reported	5121
to the Controlling Board at the next regularly scheduled meeting	5122
of the board.	5123

This transfer authority is intended to provide for emergency	5124
situations and flexibility to meet unforeseen conditions that	5125
could arise during the budget period. It also is intended to allow	5126
the department to optimize the use of available resources and	5127
adjust to circumstances affecting the obligation and expenditure	5128
of federal funds.	5129

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY, TRANSIT,	5130
AVIATION, AND RAIL AND LOCAL TRANSIT	5131

The Director of Budget and Management may approve written	5132
requests from the Director of Transportation for the transfer of	5133
appropriations between appropriation items 772422, Highway	5134
Construction - Federal, 775452, Public Transportation - Federal,	5135
775454, Public Transportation - Other, 775459, Elderly and	5136
Disabled Special Equipment, 776475, Federal Rail Administration,	5137
and 777472, Airport Improvements - Federal. The transfers shall be	5138
reported to the Controlling Board at its next regularly scheduled	5139
meeting.	5140

TRANSFER OF APPROPRIATIONS - ARRA

5141

The Director of Budget and Management may approve written	5142
requests from the Director of Transportation for the transfer of	5143
appropriations between appropriation items 771412, Planning and	5144
Research – Federal, 772422, Highway Construction - Federal,	5145
772424, Highway Construction – Other, 775452, Public	5146
Transportation - Federal, 776462, Grade Crossing - Federal, and	5147
777472, Airport Improvements - Federal, based upon the	5148
requirements of the American Recovery and Reinvestment Act of 2009	5149
that apply to the money appropriated. The transfers shall be	5150
reported to the Controlling Board at its next regularly scheduled	5151
meeting.	5152

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	5153
BANK	5154

The Director of Budget and Management may approve requests	5155
from the Director of Transportation for transfer of appropriations	5156
and cash of the Infrastructure Bank funds created in section	5157
5531.09 of the Revised Code, including transfers between fiscal	5158
years 2012 and 2013. The transfers shall be reported to the	5159
Controlling Board at its next regularly scheduled meeting.	5160

The Director of Budget and Management may approve requests	5161
from the Director of Transportation for transfer of appropriations	5162
and cash from the Highway Operating Fund (Fund 7002) to the	5163
Infrastructure Bank funds created in section 5531.09 of the	5164
Revised Code. The Director of Budget and Management may transfer	5165
from the Infrastructure Bank funds to the Highway Operating Fund	5166
up to the amounts originally transferred to the Infrastructure	5167
Bank funds under this section. However, the Director may not make	5168
transfers between modes or transfers between different funding	5169
sources. The transfers shall be reported to the Controlling Board	5170
at its next regularly scheduled meeting.	5171

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

5172

The Director of Budget and Management may approve requests	5173
from the Director of Transportation for transfer of appropriations	5174
and cash of the Ohio Toll Fund and any subaccounts created in	5175
section 5531.14 of the Revised Code, including transfers between	5176
fiscal years 2012 and 2013. The transfers shall be reported to the	5177
Controlling Board at its next regularly scheduled meeting.	5178

INCREASING APPROPRIATIONS: STATE FUNDS

5179

In the event that receipts or unexpended balances credited to	5180
the Highway Operating Fund (Fund 7002) exceed the estimates upon	5181
which the appropriations have been made in this act, upon the	5182
request of the Director of Transportation, the Controlling Board	5183
may increase those appropriations in the manner prescribed in	5184
section 131.35 of the Revised Code.	5185

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

5186

In the event that receipts or unexpended balances credited to	5187
the Highway Operating Fund (Fund 7002) or apportionments or	5188
allocations made available from the federal and local government	5189
exceed the estimates upon which the appropriations have been made	5190
in this act, upon the request of the Director of Transportation,	5191
the Controlling Board may increase those appropriations in the	5192
manner prescribed in section 131.35 of the Revised Code.	5193

REAPPROPRIATIONS

5194

Upon approval of the Director of Budget and Management, all	5195
appropriations of the Highway Operating Fund (Fund 7002), the	5196
Highway Capital Improvement Fund (Fund 7042), and the	5197
Infrastructure Bank funds created in section 5531.09 of the	5198
Revised Code remaining unencumbered on June 30, 2011, are hereby	5199
reappropriated for the same purpose in fiscal year 2012.	5200

Upon approval of the Director of Budget and Management, all	5201
appropriations of the Highway Operating Fund (Fund 7002), the	5202
Highway Capital Improvement Fund (Fund 7042), and the	5203
Infrastructure Bank funds created in section 5531.09 of the	5204
Revised Code remaining unencumbered on June 30, 2012, are hereby	5205
reappropriated for the same purpose in fiscal year 2013.	5206

Any balances of prior years' appropriations to the Highway	5207
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	5208
(Fund 7042), and the Infrastructure Bank funds created in section	5209
5531.09 of the Revised Code that are unencumbered on June 30,	5210
2011, subject to the availability of revenue as determined by the	5211
Director of Transportation, are hereby reappropriated for the same	5212
purpose in fiscal year 2012 upon the request of the Director of	5213
Transportation and with the approval of the Director of Budget and	5214
Management. The reappropriations shall be reported to the	5215
Controlling Board.	5216

Any balances of prior years' appropriations to the Highway	5217
Operating Fund (Fund 7002), the Highway Capital Improvement Fund	5218
(Fund 7042), and the Infrastructure Bank funds created in section	5219
5531.09 of the Revised Code that are unencumbered on June 30,	5220
2012, subject to the availability of revenue as determined by the	5221
Director of Transportation, are hereby reappropriated for the same	5222
purpose in fiscal year 2013 upon the request of the Director of	5223
Transportation and with the approval of the Director of Budget and	5224
Management. The reappropriations shall be reported to the	5225
Controlling Board.	5226

LIQUIDATION OF UNFORESEEN LIABILITIES

5227

Any appropriation made from the Highway Operating Fund (Fund	5228
7002) not otherwise restricted by law is available to liquidate	5229
unforeseen liabilities arising from contractual agreements of	5230
prior years when the prior year encumbrance is insufficient.	5231

Section  203.60. MAINTENANCE OF INTERSTATE HIGHWAYS

5232

The Director of Transportation may remove snow and ice and	5233
maintain, repair, improve, or provide lighting upon interstate	5234
highways that are located within the boundaries of municipal	5235
corporations, adequate to meet the requirements of federal law.	5236
When agreed in writing by the Director of Transportation and the	5237
legislative authority of a municipal corporation and	5238
notwithstanding sections 125.01 and 125.11 of the Revised Code,	5239
the Department of Transportation may reimburse a municipal	5240
corporation for all or any part of the costs, as provided by such	5241
agreement, incurred by the municipal corporation in maintaining,	5242
repairing, lighting, and removing snow and ice from the interstate	5243
system.	5244

Section 203.70.  PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

5245

The Director of Transportation may use revenues from the	5246
state motor vehicle fuel tax to match approved federal grants	5247
awarded to the Department of Transportation, regional transit	5248
authorities, or eligible public transportation systems, for public	5249
transportation highway purposes, or to support local or state	5250
funded projects for public transportation highway purposes. Public	5251
transportation highway purposes include: the construction or	5252
repair of high-occupancy vehicle traffic lanes, the acquisition or	5253
construction of park-and-ride facilities, the acquisition or	5254
construction of public transportation vehicle loops, the	5255
construction or repair of bridges used by public transportation	5256
vehicles or that are the responsibility of a regional transit	5257
authority or other public transportation system, or other similar	5258
construction that is designated as an eligible public	5259
transportation highway purpose. Motor vehicle fuel tax revenues	5260
may not be used for operating assistance or for the purchase of	5261
vehicles, equipment, or maintenance facilities.	5262

Section 203.80. The federal payments made to the state for	5263
highway infrastructure or for transit agencies under Title XII of	5264
Division A of the American Recovery and Reinvestment Act of 2009	5265
shall be deposited to the credit of the Highway Operating Fund	5266
(Fund 7002), which is created in section 5735.291 of the Revised	5267
Code.	5268

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

5269

State Highway Safety Fund Group	5270

4W40	762321		Operating Expense - BMV		$	78,531,380		$	80,831,380		5271
4W40	762410		Registrations Supplement		$	23,741,735		$	23,741,735		5272
5V10	762682		License Plate Contributions		$	2,100,000		$	2,100,000		5273
7036	761321		Operating Expense - Information and Education		$	7,124,366		$	7,338,097		5274
7036	761401		Lease Rental Payments		$	9,978,300		$	2,315,700		5275
7036	764033		Minor Capital Projects		$	1,250,000		$	1,250,000		5276
7036	764321		Operating Expense - Highway Patrol		$	260,744,934		$	258,365,903		5277
7036	764605		Motor Carrier Enforcement Expenses		$	2,860,000		$	2,860,000		5278
8300	761603		Salvage and Exchange - Administration		$	19,469		$	20,053		5279
8310	761610		Information and Education - Federal		$	422,084		$	434,746		5280
8310	764610		Patrol - Federal		$	2,209,936		$	2,276,234		5281
8310	764659		Transportation Enforcement - Federal		$	5,519,333		$	5,684,913		5282
8310	765610		EMS - Federal		$	532,007		$	532,007		5283
8310	769610		Food Stamp Trafficking Enforcement - Federal		$	1,546,319		$	1,546,319		5284
8310	769631		Homeland Security - Federal		$	2,184,000		$	2,184,000		5285
8320	761612		Traffic Safety - Federal		$	16,577,565		$	16,577,565		5286
8350	762616		Financial Responsibility Compliance		$	5,457,240		$	5,549,068		5287
8370	764602		Turnpike Policing		$	11,553,959		$	11,553,959		5288
8380	764606		Patrol Reimbursement		$	50,000		$	50,000		5289
83C0	764630		Contraband, Forfeiture, Other		$	622,894		$	622,894		5290
83F0	764657		Law Enforcement Automated Data System		$	9,053,266		$	9,053,266		5291
83G0	764633		OMVI Enforcement/Education		$	623,230		$	641,927		5292
83J0	764693		Highway Patrol Justice Contraband		$	2,100,000		$	2,100,000		5293
83M0	765624		Operating Expense - Trauma and EMS		$	2,632,106		$	2,711,069		5294
83N0	761611		Elementary School Seat Belt Program		$	305,600		$	305,600		5295
83P0	765637		EMS Grants		$	4,106,621		$	4,229,819		5296
83R0	762639		Local Immobilization Reimbursement		$	450,000		$	450,000		5297
83T0	764694		Highway Patrol Treasury Contraband		$	21,000		$	21,000		5298
8400	764607		State Fair Security		$	1,256,655		$	1,294,354		5299
8400	764617		Security and Investigations		$	6,432,686		$	6,432,686		5300
8400	764626		State Fairgrounds Police Force		$	849,883		$	849,883		5301
8400	769632		Homeland Security - Operating		$	737,791		$	737,791		5302
8410	764603		Salvage and Exchange - Highway Patrol		$	1,339,399		$	1,339,399		5303
8440	761613		Seat Belt Education Program		$	360,000		$	370,800		5304
8460	761625		Motorcycle Safety Education		$	3,185,013		$	3,280,563		5305
8490	762627		Automated Title Processing Board		$	17,316,755		$	14,335,513		5306
TOTAL HSF State Highway Safety Fund Group					$	483,795,526		$	473,988,243		5307

General Services Fund Group	5308

4P60	768601		Justice Program Services		$	998,104		$	1,028,047		5309
4S30	766661		Hilltop Utility Reimbursement		$	540,800		$	540,800		5310
5ET0	768625		Drug Law Enforcement		$	3,780,000		$	3,893,400		5311
5Y10	764695		Highway Patrol Continuing Professional Training		$	170,000		$	170,000		5312
5Y10	767696		Investigative Unit Continuing Professional Training		$	15,000		$	15,000		5313
TOTAL GSF General Services Fund Group					$	5,503,904		$	5,647,247		5314

Federal Special Revenue Fund Group	5315

3290	763645		Federal Mitigation Program		$	10,110,332		$	10,413,642		5316
3370	763609		Federal Disaster Relief		$	27,707,636		$	27,707,636		5317
3390	763647		Emergency Management Assistance and Training		$	75,664,821		$	77,934,765		5318
3CB0	768691		Federal Justice Grants - FFY06		$	200,000		$	50,000		5319
3CC0	768609		Justice Assistance Grants - FFY07		$	583,222		$	310,000		5320
3CD0	768610		Justice Assistance Grants – FFY08		$	310,000		$	150,000		5321
3CE0	768611		Justice Assistance Grants – FFY09		$	865,000		$	1,200,000		5322
3CV0	768697		Justice Assistance Grants Supplement – FFY08		$	2,000		$	0		5323
3DE0	768612		Federal Stimulus - Justice Assistance Grants		$	1,015,000		$	1,015,000		5324
3DH0	768613		Federal Stimulus - Justice Programs		$	150,000		$	150,000		5325
3DU0	762628		BMV Grants		$	1,525,000		$	1,580,000		5326
3EU0	768614		Justice Assistance Grants – FFY10		$	650,000		$	920,000		5327
3L50	768604		Justice Program		$	11,400,000		$	11,400,000		5328
3N50	763644		U.S. Department of Energy Agreement		$	31,672		$	31,672		5329
TOTAL FED Federal Special Revenue Fund Group					$	130,214,683		$	132,862,715		5330

State Special Revenue Fund Group	5331

4V30	763662		EMA Service and Reimbursement		$	4,368,369		$	4,499,420		5332
5390	762614		Motor Vehicle Dealers Board		$	180,000		$	185,400		5333
5B90	766632		Private Investigator and Security Guard Provider		$	1,562,637		$	1,562,637		5334
5BK0	768687		Criminal Justice Services - Operating		$	400,000		$	400,000		5335
5BK0	768689		Family Violence Shelter Programs		$	750,000		$	750,000		5336
5CM0	767691		Federal Investigative Seizure		$	300,000		$	300,000		5337
5DS0	769630		Homeland Security		$	1,414,384		$	1,414,384		5338
5FF0	762621		Indigent Interlock and Alcohol Monitoring		$	2,000,000		$	2,000,000		5339
5FL0	769634		Investigations		$	899,300		$	899,300		5340
6220	767615		Investigative Contraband and Forfeiture		$	375,000		$	375,000		5341
6570	763652		Utility Radiological Safety		$	1,415,945		$	1,415,945		5342
6810	763653		SARA Title III HAZMAT Planning		$	262,438		$	262,438		5343
8500	767628		Investigative Unit Salvage		$	90,000		$	92,700		5344
TOTAL SSR State Special Revenue Fund Group					$	14,018,073		$	14,157,224		5345

Liquor Control Fund Group	5346

7043	767321		Liquor Enforcement - Operating		$	11,897,178		$	11,897,178		5347
TOTAL LCF Liquor Control Fund Group					$	11,897,178		$	11,897,178		5348

Agency Fund Group	5349

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		5350
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		5351

Holding Account Redistribution Fund Group	5352

R024	762619		Unidentified Motor Vehicle Receipts		$	1,885,000		$	1,885,000		5353
R052	762623		Security Deposits		$	350,000		$	350,000		5354
TOTAL 090 Holding Account Redistribution Fund Group					$	2,235,000		$	2,235,000		5355
TOTAL ALL BUDGET FUND GROUPS					$	649,164,364		$	642,287,607		5356

MOTOR VEHICLE REGISTRATION

5357

The Registrar of Motor Vehicles may deposit revenues to meet	5358
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	5359
4W40) established in section 4501.25 of the Revised Code, obtained	5360
under sections 4503.02 and 4504.02 of the Revised Code, less all	5361
other available cash. Revenue deposited pursuant to this paragraph	5362
shall support, in part, appropriations for operating expenses and	5363
defray the cost of manufacturing and distributing license plates	5364
and license plate stickers and enforcing the law relative to the	5365
operation and registration of motor vehicles. Notwithstanding	5366
section 4501.03 of the Revised Code, the revenues shall be paid	5367
into Fund 4W40 before any revenues obtained pursuant to sections	5368
4503.02 and 4504.02 of the Revised Code are paid into any other	5369
fund. The deposit of revenues to meet the aforementioned cash	5370
needs shall be in approximately equal amounts on a monthly basis	5371
or as otherwise determined by the Director of Budget and	5372
Management pursuant to a plan submitted by the Registrar of Motor	5373
Vehicles.	5374

CAPITAL PROJECTS

5375

The Registrar of Motor Vehicles may transfer cash from the	5376
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	5377
Highway Safety Fund (Fund 7036) to meet its obligations for	5378
capital projects CIR-047, Department of Public Safety Office	5379
Building and CIR-049, Warehouse Facility.	5380

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

5381

The foregoing appropriation item 761401, Lease Rental	5382
Payments, shall be used for payments to the Ohio Building	5383
Authority for the period July 1, 2011, to June 30, 2013, under the	5384
primary leases and agreements for public safety related buildings	5385
financed by obligations issued under Chapter 152. of the Revised	5386
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	5387
Building Authority may, with approval of the Director of Budget	5388
and Management, lease capital facilities to the Department of	5389
Public Safety.	5390

HILLTOP TRANSFER

5391

The Director of Public Safety shall determine, per an	5392
agreement with the Director of Transportation, the share of each	5393
debt service payment made out of appropriation item 761401, Lease	5394
Rental Payments, that relates to the Department of	5395
Transportation's portion of the Hilltop Building Project, and	5396
shall certify to the Director of Budget and Management the amounts	5397
of this share. The Director of Budget and Management shall	5398
transfer the amounts of such shares from the Highway Operating	5399
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	5400

CASH TRANSFERS FROM STATE BUREAU OF MOTOR VEHICLES FUND TO	5401
STATE HIGHWAY SAFETY FUND	5402

Notwithstanding any provision of law to the contrary, not	5403
later than the first day of April in each fiscal year, the	5404
Director of Budget and Management shall transfer $6,675,207 in	5405
cash in fiscal year 2012 and $7,643,657 in cash in fiscal year	5406
2013 from the State Bureau of Motor Vehicles Fund (Fund 4W40) to	5407
the State Highway Safety Fund (Fund 7036).	5408

CASH TRANSFERS BETWEEN FUNDS

5409

Notwithstanding any provision of law to the contrary, the	5410
Director of Budget and Management, upon the written request of the	5411
Director of Public Safety, may approve the transfer of cash	5412
between the following six funds: the Trauma and Emergency Medical	5413
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	5414
the Investigations Fund (Fund 5FL0), the Emergency Management	5415
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	5416
Program Services Fund (Fund 4P60), and the State Bureau of Motor	5417
Vehicles Fund (Fund 4W40).	5418

CASH TRANSFERS OF SEAT BELT FINE REVENUES

5419

Notwithstanding any provision of law to the contrary, the	5420
Controlling Board, upon request of the Director of Public Safety,	5421
may approve the transfer of cash between the following four funds	5422
that receive fine revenues from enforcement of the mandatory seat	5423
belt law: the Trauma and Emergency Medical Services Fund (Fund	5424
83M0), the Elementary School Program Fund (Fund 83N0), the Trauma	5425
and Emergency Medical Services Grants Fund (Fund 83P0), and the	5426
Seat Belt Education Fund (Fund 8440).	5427

STATE DISASTER RELIEF

5428

The State Disaster Relief Fund (Fund 5330) may accept	5429
transfers of cash and appropriations from Controlling Board	5430
appropriation items for Ohio Emergency Management Agency disaster	5431
response costs and disaster program management costs, and may also	5432
be used for the following purposes:	5433

(A) To accept transfers of cash and appropriations from	5434
Controlling Board appropriation items for Ohio Emergency	5435
Management Agency public assistance and mitigation program match	5436
costs to reimburse eligible local governments and private	5437
nonprofit organizations for costs related to disasters;	5438

(B) To accept and transfer cash to reimburse the costs	5439
associated with Emergency Management Assistance Compact (EMAC)	5440
deployments;	5441

(C) To accept disaster related reimbursement from federal,	5442
state, and local governments. The Director of Budget and	5443
Management may transfer cash from reimbursements received by this	5444
fund to other funds of the state from which transfers were	5445
originally approved by the Controlling Board.	5446

(D) To accept transfers of cash and appropriations from	5447
Controlling Board appropriation items to fund the State Disaster	5448
Relief Program, for disasters that have been declared by the	5449
Governor, and the State Individual Assistance Program for	5450
disasters that have been declared by the Governor and the federal	5451
Small Business Administration. The Ohio Emergency Management	5452
Agency shall publish and make available application packets	5453
outlining procedures for the State Disaster Relief Program and the	5454
State Individual Assistance Program.	5455

JUSTICE ASSISTANCE GRANT FUND

5456

The federal payments made to the state for the Byrne Justice	5457
Assistance Grants Program under Title II of Division A of the	5458
American Recovery and Reinvestment Act of 2009 shall be deposited	5459
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	5460
which is hereby created in the state treasury. All investment	5461
earnings of the fund shall be credited to the fund.	5462

FEDERAL STIMULUS – JUSTICE PROGRAMS

5463

The federal payments made to the state for the Violence	5464
Against Women Formula Grant under Title II of Division A of the	5465
American Recovery and Reinvestment Act of 2009 shall be deposited	5466
to the credit of the Federal Stimulus – Justice Programs Fund	5467
(Fund 3DH0).	5468

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	5469
AGENCY SERVICE AND REIMBURSEMENT FUND	5470

On July 1 of each fiscal year, or as soon as possible	5471
thereafter, the Director of Budget and Management shall transfer	5472
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	5473
the Emergency Management Agency Service and Reimbursement Fund	5474
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	5475
Search and Rescue Unit and other urban search and rescue programs	5476
around the state.	5477

FAMILY VIOLENCE PREVENTION FUND

5478

Notwithstanding any provision of law to the contrary, in each	5479
of fiscal years 2012 and 2013, the first $750,000 received to the	5480
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	5481
appropriated to appropriation item 768689, Family Violence Shelter	5482
Programs, and the next $400,000 received to the credit of Fund	5483
5BK0 in each of those fiscal years shall be appropriated to	5484
appropriation item 768687, Criminal Justice Services - Operating.	5485
Any moneys received to the credit of Fund 5BK0 in excess of the	5486
aforementioned appropriated amounts in each fiscal year shall,	5487
upon the approval of the Controlling Board, be used to provide	5488
grants to family violence shelters in Ohio.	5489

SARA TITLE III HAZMAT PLANNING

5490

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	5491
entitled to receive grant funds from the Emergency Response	5492
Commission to implement the Emergency Management Agency's	5493
responsibilities under Chapter 3750. of the Revised Code.	5494

COLLECTIVE BARGAINING INCREASES

5495

Notwithstanding division (D) of section 127.14 and division	5496
(B) of section 131.35 of the Revised Code, except for the General	5497
Revenue Fund, the Controlling Board may, upon the request of	5498
either the Director of Budget and Management, or the Department of	5499
Public Safety with the approval of the Director of Budget and	5500
Management, increase appropriations for any fund, as necessary for	5501
the Department of Public Safety, to assist in paying the costs of	5502
increases in employee compensation that have occurred pursuant to	5503
collective bargaining agreements under Chapter 4117. of the	5504
Revised Code and, for exempt employees, under section 124.152 of	5505
the Revised Code.	5506

CASH BALANCE FUND REVIEW

5507

Not later than the first day of April in each fiscal year of	5508
the biennium, the Director of Budget and Management shall review	5509
the cash balances for each fund, except the State Highway Safety	5510
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	5511
4W40), in the State Highway Safety Fund Group, and shall recommend	5512
to the Controlling Board an amount to be transferred to the credit	5513
of Fund 7036 or Fund 4W40, as appropriate.	5514

Section 207.10. DEV DEPARTMENT OF DEVELOPMENT

5515

State Special Revenue Fund Group	5516

4W00	195629		Roadwork Development		$	18,699,900		$	18,699,900		5517
TOTAL SSR State Special Revenue											5518
Fund Group					$	18,699,900		$	18,699,900		5519
TOTAL ALL BUDGET FUND GROUPS					$	18,699,900		$	18,699,900		5520

ROADWORK DEVELOPMENT FUND

5521

The Roadwork Development Fund shall be used for road	5522
improvements associated with economic development opportunities	5523
that will retain or attract businesses for Ohio. "Road	5524
improvements" are improvements to public roadway facilities	5525
located on, or serving or capable of serving, a project site.	5526

The Department of Transportation, under the direction of the	5527
Department of Development, shall provide these funds in accordance	5528
with all guidelines and requirements established for Department of	5529
Development appropriation item 195412, Business Development,	5530
including Controlling Board review and approval as well as the	5531
requirements for usage of gas tax revenue prescribed in Section 5a	5532
of Article XII, Ohio Constitution. Should the Department of	5533
Development require the assistance of the Department of	5534
Transportation to bring a project to completion, the Department of	5535
Transportation shall use its authority under Title LV of the	5536
Revised Code to provide such assistance and may enter into	5537
contracts on behalf of the Department of Development. In addition,	5538
these funds may be used in conjunction with appropriation item	5539
195412, Business Development, or any other state funds	5540
appropriated for infrastructure improvements.	5541

The Director of Budget and Management, pursuant to a plan	5542
submitted by the Director of Development or as otherwise	5543
determined by the Director of Budget and Management, shall set a	5544
cash transfer schedule to meet the cash needs of the Department of	5545
Development's Roadwork Development Fund (Fund 4W00), less any	5546
other available cash. The Director shall transfer to the Roadwork	5547
Development Fund from the Highway Operating Fund (Fund 7002),	5548
established in section 5735.291 of the Revised Code, such amounts	5549
at such times as determined by the transfer schedule.	5550

TRANSPORTATION IMPROVEMENT DISTRICTS

5551

Notwithstanding section 5540.151 of the Revised Code, and any	5552
other restrictions that apply to the distribution of Roadwork	5553
Development Grants, of the foregoing appropriation item 195629,	5554
Roadwork Development, $2,750,000 in each fiscal year shall be	5555
distributed by the Director of Development to Transportation	5556
Improvement Districts. The Director shall develop eligibility	5557
criteria for Transportation Improvement Districts to receive	5558
funding under this section and no Transportation Improvement	5559
District shall receive funding unless it is certified as eligible	5560
by the Director. Eligibility criteria shall include the	5561
requirement that a Transportation Improvement District designate a	5562
specific project for which the funds will be used. Funds released	5563
to a Transportation Improvement District under this section shall	5564
be used to facilitate eligible projects and shall not be used to	5565
cover the full cost of a project or to cover any administrative	5566
costs of a project.	5567

SECURITY DEPOSIT FUND CASH TRANSFER

5568

Notwithstanding any other provision of law to the contrary,	5569
on July 1, 2011, or as soon as possible thereafter, the Director	5570
of Budget and Management shall transfer $32,027.17 in cash from	5571
the Security Deposit Fund (Fund R052) to the Roadwork Development	5572
Fund (Fund 4W00).	5573

Section 209.10. PWC PUBLIC WORKS COMMISSION

5574

Local Transportation Improvements Fund Group	5575

7052	150402		Local Transportation Improvement Program - Operating		$	299,246		$	296,555		5576
7052	150701		Local Transportation Improvement Program		$	56,000,000		$	56,000,000		5577
TOTAL 052 Local Transportation											5578
Improvements Fund Group					$	56,299,246		$	56,296,555		5579

Local Infrastructure Improvements Fund Group	5580

7038	150321		State Capital Improvements Program - Operating Expenses		$	918,000		$	910,000		5581
TOTAL LIF Local Infrastructure											5582
Improvements Fund Group					$	918,000		$	910,000		5583
TOTAL ALL BUDGET FUND GROUPS					$	57,217,246		$	57,206,555		5584

PUBLIC WORKS OPERATING EXPENSES

5585

The forgoing appropriation item 150321, State Capital	5586
Improvements Program-Operating Expenses, shall be used by the Ohio	5587
Public Works Commission to administer the State Capital	5588
Improvement Program under sections 164.01 to 164.16 of the Revised	5589
Code.	5590

DISTRICT ADMINISTRATION COSTS

5591

The Director of the Public Works Commission is authorized to	5592
create a District Administration Costs Program from interest	5593
earnings of the Capital Improvements Fund and Local Transportation	5594
Improvement Program Fund proceeds. The program shall be used to	5595
provide for the direct costs of district administration of the	5596
nineteen public works districts. Districts choosing to participate	5597
in the program shall only expend State Capital Improvements Fund	5598
moneys for State Capital Improvements Fund costs and Local	5599
Transportation Improvement Program Fund moneys for Local	5600
Transportation Improvement Program Fund costs. The account shall	5601
not exceed $1,235,000 per fiscal year. Each public works district	5602
may be eligible for up to $65,000 per fiscal year from its	5603
district allocation as provided in sections 164.08 and 164.14 of	5604
the Revised Code.	5605

The Director, by rule, shall define allowable and	5606
nonallowable costs for the purpose of the District Administration	5607
Costs Program. Nonallowable costs include indirect costs, elected	5608
official salaries and benefits, and project-specific costs. No	5609
district public works committee may participate in the District	5610
Administration Costs Program without the approval of those costs	5611
by the district public works committee under section 164.04 of the	5612
Revised Code.	5613

REAPPROPRIATIONS

5614

All capital appropriations from the Local Transportation	5615
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 2 of the	5616
128th General Assembly remaining unencumbered as of June 30, 2011,	5617
are reappropriated for use during the period July 1, 2011, through	5618
June 30, 2012, for the same purpose.	5619

Notwithstanding division (B) of section 127.14 of the Revised	5620
Code, all capital appropriations and reappropriations from the	5621
Local Transportation Improvement Program Fund (Fund 7052) in this	5622
act remaining unencumbered as of June 30, 2012, are reappropriated	5623
for use during the period July 1, 2012, through June 30, 2013, for	5624
the same purposes, subject to the availability of revenue as	5625
determined by the Director of the Public Works Commission.	5626

Section 209.20. All items in this section are hereby	5627
appropriated as designated out of any moneys in the state treasury	5628
to the credit of the State Capital Improvements Fund (Fund 7038)	5629
that are not otherwise appropriated. The appropriations made in	5630
this section are in addition to any other appropriations made for	5631
the biennium ending June 30, 2012.	5632

Appropriations

PWC PUBLIC WORKS COMMISSION	5633

C15000			Local Public Infrastructure					$	150,000,000		5634
TOTAL Public Works Commission								$	150,000,000		5635
TOTAL State Capital Improvements Fund								$	150,000,000		5636

The foregoing appropriation item C15000, Local Public	5637
Infrastructure, shall be used in accordance with sections 164.01	5638
to 164.12 of the Revised Code. The Director of the Public Works	5639
Commission may certify to the Director of Budget and Management	5640
that a need exists to appropriate investment earnings to be used	5641
in accordance with sections 164.01 to 164.12 of the Revised Code.	5642
If the Director of Budget and Management determines pursuant to	5643
division (D) of section 164.08 and section 164.12 of the Revised	5644
Code that investment earnings are available to support additional	5645
appropriations, such amounts are hereby appropriated.	5646

Section 209.21. The Ohio Public Facilities Commission is	5647
hereby authorized to issue and sell, in accordance with Section 2p	5648
of Article VIII, Ohio Constitution, and pursuant to sections	5649
151.01 and 151.08 of the Revised Code, original obligations of the	5650
state, in an aggregate principal amount not to exceed	5651
$150,000,000, in addition to the original obligations heretofore	5652
authorized by prior acts of the General Assembly. These authorized	5653
obligations shall be issued and sold from time to time, subject to	5654
applicable constitutional and statutory limitations, as needed to	5655
ensure sufficient moneys to the credit of the State Capital	5656
Improvements Fund (Fund 7038) to pay costs of the state in	5657
financing or assisting in the financing of local subdivision	5658
capital improvement projects.	5659

Section 209.30. All items in this section are hereby	5660
appropriated as designated out of any moneys in the state treasury	5661
to the credit of the State Capital Improvements Revolving Loan	5662
Fund (Fund 7040) that are not otherwise appropriated. Revenues to	5663
the State Capital Improvements Revolving Loan Fund shall consist	5664
of all repayments of loans made to local subdivisions for capital	5665
improvements, investment earnings on moneys in the fund, and	5666
moneys obtained from federal or private grants or from other	5667
sources for the purpose of making loans to finance or to assist in	5668
the financing of the cost of capital improvement projects of local	5669
subdivisions. The appropriations made in this section are in	5670
addition to any other appropriations made for the biennium ending	5671
June 30, 2012.	5672

Appropriations

PWC PUBLIC WORKS COMMISSION	5673

C15030			Revolving Loan					$	49,000,000		5674
TOTAL Public Works Commission								$	49,000,000		5675
TOTAL State Capital Improvements Revolving Loan Fund								$	49,000,000		5676

The foregoing appropriation item C15030, Revolving Loan,	5677
shall be used in accordance with sections 164.01 to 164.12 of the	5678
Revised Code.	5679

Section 209.40. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	5680
AND MANAGEMENT	5681

Notwithstanding section 126.14 of the Revised Code, the	5682
appropriations from the State Capital Improvements Fund (Fund	5683
7038) and the State Capital Improvements Revolving Loan Fund (Fund	5684
7040) to the Public Works Commission shall be released upon	5685
presentation of a request to release the funds by the Director of	5686
the Public Works Commission to the Director of Budget and	5687
Management.	5688

Section 209.50. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	5689
REVISED CODE	5690

The capital improvements for which appropriations are made in	5691
this act from the State Capital Improvements Fund (Fund 7038) are	5692
determined to be capital improvements and capital facilities for	5693
local subdivision capital improvement projects and are designated	5694
as capital facilities to which proceeds of obligations issued	5695
under Chapter 151. of the Revised Code are to be applied.	5696

Section 509.10. AUTHORIZATION FOR OHIO BUILDING AUTHORITY AND	5697
OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	5698

The Director of Budget and Management shall initiate and	5699
process payments from lease rental payment appropriation items	5700
during the period from July 1, 2011, to June 30, 2013, pursuant to	5701
the lease agreements for bonds or notes issued under Section 2i of	5702
Article VIII of the Ohio Constitution and Chapter 152. of the	5703
Revised Code. Payments shall be made upon certification by the	5704
Ohio Building Authority of the dates and amounts due on those	5705
dates.	5706

Section 509.20. LEASE AND DEBT SERVICE PAYMENTS TO OBA AND	5707
TREASURER	5708

Certain appropriations are in this act for the purpose of	5709
lease rental and other payments to the Ohio Building Authority or	5710
to the Treasurer of State under leases and agreements relating to	5711
bonds or notes issued by the Ohio Building Authority or the	5712
Treasurer of State under the Ohio Constitution and acts of the	5713
General Assembly. If it is determined that additional	5714
appropriations are necessary for this purpose, such amounts are	5715
hereby appropriated.	5716

Section 515.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	5717
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	5718

Upon the request of the Director of Transportation, the	5719
Director of Budget and Management may transfer cash from the	5720
Highway Operating Fund (Fund 7002) to the Highway Capital	5721
Improvement Fund (Fund 7042) created in section 5528.53 of the	5722
Revised Code. The Director of Budget and Management may transfer	5723
from Fund 7042 to Fund 7002 up to the amounts previously	5724
transferred to Fund 7042 under this section.	5725

Section 515.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

5726

The Director of Budget and Management shall transfer cash in	5727
equal monthly increments totaling $163,918,656 in fiscal year 2012	5728
and in equal monthly increments totaling $170,424,912 in fiscal	5729
year 2013 from the Highway Operating Fund, created in section	5730
5735.291 of the Revised Code, to the Gasoline Excise Tax Fund	5731
created in division (A) of section 5735.27 of the Revised Code.	5732
The monthly amounts transferred under this section shall be	5733
distributed as follows: 42.86 per cent shall be distributed among	5734
the municipal corporations within the state under division (A)(2)	5735
of section 5735.27 of the Revised Code; 37.14 per cent shall be	5736
distributed among the counties within the state under division	5737
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent	5738
shall be distributed among the townships within the state under	5739
division (A)(5)(b) of section 5735.27 of the Revised Code.	5740

Section 515.30. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

5741

On July 1, 2011, and on January 1, 2012, or as soon as	5742
possible thereafter, respectively, the Director of Budget and	5743
Management shall transfer $200,000 in cash, for each period, from	5744
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	5745
General for ODOT Fund (Fund 5FA0).	5746

On July 1, 2012, and on January 1, 2013, or as soon as	5747
possible thereafter, respectively, the Director of Budget and	5748
Management shall transfer $200,000 in cash, for each period, from	5749
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	5750
General for ODOT Fund (Fund 5FA0).	5751

Should additional amounts be necessary, the Inspector	5752
General, with the consent of the Director of Budget and	5753
Management, may seek Controlling Board approval for additional	5754
transfers of cash and to increase the amount appropriated from	5755
appropriation item 965603, Deputy Inspector General for ODOT, in	5756
the amount of the additional transfers.	5757

Section 515.40.  CASH TRANSFER TO GRF

5758

On July 1, 2011, or as soon as possible thereafter, the	5759
Director of Budget and Management shall transfer the cash balance	5760
of the Transit Capital Fund (Fund 5E70), as of June 30, 2011, to	5761
the General Revenue Fund.	5762

Section 515.50. On July 1, 2011, or as soon as possible	5763
thereafter, the Director of Budget and Management shall transfer	5764
$25,000,000 of the money in the International Registration Plan	5765
Distribution Fund created by section 4501.044 of the Revised Code	5766
and that is specified in division (A)(3) of that section to the	5767
State Highway Safety Fund created by section 4501.06 of the	5768
Revised Code. The Director shall make such transfer before any	5769
money that is described in division (A)(3) of section 4501.044 of	5770
the Revised Code is distributed, deposited, or credited in	5771
accordance with that division.	5772

On July 1, 2012, or as soon as possible thereafter, the	5773
Director of Budget and Management shall transfer $24,000,000 of	5774
the money in the International Registration Plan Distribution Fund	5775
created by section 4501.044 of the Revised Code and that is	5776
specified in division (A)(3) of that section to the State Highway	5777
Safety Fund created by section 4501.06 of the Revised Code. The	5778
Director shall make such transfer before any money that is	5779
described in division (A)(3) of section 4501.044 of the Revised	5780
Code is distributed, deposited, or credited in accordance with	5781
that division.	5782

Section 610.10. That Section 512.90 of Am. Sub. H.B. 1 of the	5783
128th General Assembly be amended to read as follows:	5784

Sec. 512.90.  CASH TRANSFERS FROM THE TOBACCO USE PREVENTION	5785
AND CONTROL FOUNDATION ENDOWMENT FUND	5786

The Director of Budget and Management may request the	5787
Treasurer of State to transfer $258,622,890 cash from moneys in	5788
the custody of the Treasurer of State that were formerly to the	5789
credit of the Tobacco Use Prevention and Control Foundation	5790
Endowment Fund, to the General Health and Human Service	5791
Pass-Through Fund (Fund 5HC0). If any cash is transferred to the	5792
General Health and Human Service Pass-Through Fund (Fund 5HC0) the	5793
Director of Budget and Management shall transfer the cash as	5794
follows:	5795

(A) Up to $46,000,000 cash in each fiscal year to the Child	5796
and Adult Protective Services Fund (Fund 5GV0), used by the	5797
Department of Job and Family Services, to support child and adult	5798
protective services under Title XX of the "Social Security Act,"	5799
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended, and any	5800
allowable service activity defined in Section 309.45.21 of Am.	5801
Sub. H.B. 1 of the 128th General Assembly. The amount transferred	5802
is hereby appropriated.	5803

(B) Up to $31,808,863 cash in fiscal year 2010 to the Health	5804
Care Services – Other Fund (Fund 5HA0), used by the Department of	5805
Job and Family Services and up to $129,814,027 cash in fiscal year	5806
2011 to Fund 5HA0, to support health care services under the state	5807
Medicaid plan. The amount transferred is hereby appropriated.	5808

(C) Up to $2,500,000 cash in each fiscal year to the Breast	5809
and Cervical Cancer Fund (Fund 5HB0), used by the Department of	5810
Health, to support breast and cervical cancer screenings. The	5811
amount transferred is hereby appropriated.	5812

Section 610.11. That existing Section 512.90 of Am. Sub. H.B.	5813
1 of the 128th General Assembly is hereby repealed.	5814

Section 753.10. (A) The Governor is authorized to execute a	5815
deed in the name of the state conveying to the City of Massillon	5816
(hereinafter the "grantee"), its successors and assigns, all of	5817
the right, title, and interest of the state in the following	5818
described real estate:	5819

Situated in the City of Massillon, County of Stark, State of	5820
Ohio and being part of Massillon City Out Lot 538. Also being part	5821
of a 40.00 acre tract conveyed to State of Ohio Youth Commission.	5822

Beginning at a 1/2-inch iron bar with an H&A cap set at the	5823
southeast corner of said Out Lot 538 and the true place of	5824
beginning;	5825

1. Thence N 60°13'44" W along the north line of a tract now	5826
or formerly owned by Massillon Materials, Inc. (O.R. Vol. 1167,	5827
Pg. 223) a distance of 1411.25 feet to a 1/2-inch iron bar with an	5828
H&A cap set;	5829

2. Thence N 39°37'36" E along the east line a tract of land	5830
now or formerly owned by the City of Massillon (21.46 ac.) a	5831
distance of 34.07 feet to a 1/2-inch iron bar with an H&A cap set;	5832

3. Thence N 48°54'16" E continuing along the east line of	5833
said City of Massillon tract (21.46 ac.) a distance of 100.03 feet	5834
to a 1/2-inch iron bar with an H&A cap set;	5835

4. Thence N 56°10'56" E continuing along the east line of	5836
said City of Massillon tract (21.46 ac.) a distance of 101.15 feet	5837
to a 1/2-inch iron bar with an H&A cap set;	5838

5. Thence N 55°38'06" E continuing along the east line of	5839
said City of Massillon tract (21.46 ac.) a distance of 89.92 feet	5840
to a 1/2-inch iron bar with an H&A cap set;	5841

6. Thence N 55°25'36" E continuing along the east line of	5842
said City of Massillon tract (21.46 ac.) a distance of 100.03 feet	5843
to a 1/2-inch iron bar with an H&A cap set;	5844

7. Thence N 54°13'26" E continuing along the east line of	5845
said City of Massillon tract (21.46 ac.) a. distance of 100.00	5846
feet to a 1/2-inch iron bar with an H&A cap set;	5847

8. Thence N 44°40'56" E continuing along the east line of	5848
said City of Massillon tract (21.46 ac.) a distance of 101.37 feet	5849
to a 1/2-inch iron bar with an H&A cap set;	5850

9. Thence S 06°28'18" E along a new division line a distance	5851
of 469.59 feet to a 1/2-inch iron bar with an H&A cap set;	5852

10. Thence S 60°13'44" E continuing along a new division line	5853
a distance of 700.00 feet to a 1/2-inch iron bar with an H&A cap	5854
set;	5855

11. Thence N 74°46'16" E continuing along a new division line	5856
a distance of 282.84 feet to a 1/2-inch iron bar with an H&A cap	5857
set;	5858

12. Thence S 29°46'16" W along the west line of said	5859
Massillon Materials, Inc. tract (O.R. Vol. 1167, Pg. 223) a	5860
distance of 400.00 feet to a 1/2-inch iron bar with an H&A cap set	5861
and the true place of beginning.	5862

The above described tract contains 8.622 acres of which no	5863
acres lie within the public right-of-way as surveyed under the	5864
supervision of Gary L. Toussant, P.S. #6332 of Hammontree and	5865
Associates, Limited, Engineers, Planners and Surveyors of North	5866
Canton, Ohio on November 2, 2006.	5867

The basis of bearings is the Ohio State Plane Coordinate	5868
System, North Zone, NAD83 from the City of Massillon Control	5869
Survey.	5870

In preparing the deed, the Auditor of State, with the	5871
assistance of the Attorney General, may modify the foregoing	5872
description insofar as necessary to bring it into conformity with	5873
the actual bounds of the real estate being described.	5874

(B) Consideration for the conveyance of the real estate is	5875
fifteen thousand dollars, to be paid to the state at closing, as	5876
derived by mutual agreement reached between the state and the	5877
grantee through an executed Offer to Purchase (hereinafter the	5878
"Offer to Purchase").	5879

(C) The grantee, following the conveyance of the real estate,	5880
and in accordance with the terms of the Offer to Purchase, shall	5881
do all of the following:	5882

(1) Construct and maintain, at the grantee's sole expense, a	5883
detention basin on the real estate;	5884

(2) Permit the state to discharge water into the detention	5885
basin; and	5886

(3) Maintain or relocate the state's existing storm sewer	5887
connections.	5888

(D) The real estate shall be sold as an entire tract and not	5889
in parcels.	5890

(E) Upon payment of the purchase price, the Auditor of State,	5891
with the assistance of the Attorney General, shall prepare a deed	5892
to the real estate. The deed shall state the consideration and the	5893
conditions, and shall be executed by the Governor in the name of	5894
the state, countersigned by the Secretary of State, sealed with	5895
the Great Seal of the State, presented in the Office of the	5896
Auditor of State for recording, and delivered to the grantee. The	5897
grantee shall present the deed for recording in the Office of the	5898
Stark County Recorder.	5899

(F) The grantee shall pay the costs of the conveyance of the	5900
real estate, including recordation costs of the deed.	5901

(G) This section expires one year after its effective date.

5902

Section 755.30. Notwithstanding Chapter 5735. of the Revised	5903
Code, the following shall apply for the period of July 1, 2011,	5904
through June 30, 2013:	5905

(A) For the discount under section 5735.06 of the Revised	5906
Code, if the monthly report is timely filed and the tax is timely	5907
paid, one per cent of the total number of gallons of motor fuel	5908
received by the motor fuel dealer within the state during the	5909
preceding calendar month, less the total number of gallons	5910
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	5911
the Revised Code, less one-half of one per cent of the total	5912
number of gallons of motor fuel that were sold to a retail dealer	5913
during the preceding calendar month.	5914

(B) For the semiannual periods ending December 31, 2011, June	5915
30, 2012, December 31, 2012, and June 30, 2013, the refund	5916
provided to retail dealers under section 5735.141 of the Revised	5917
Code shall be one-half of one per cent of the Ohio motor fuel	5918
taxes paid on fuel purchased during those semiannual periods.	5919

Section 755.40. On July 1, 2011, and on the first day of the	5920
month for each month thereafter, the Treasurer of State, before	5921
making any of the distributions specified in sections 5735.23,	5922
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	5923
the first two per cent of the amount of motor fuel tax received	5924
for the preceding calendar month to the credit of the Highway	5925
Operating Fund (Fund 7002).	5926

Upon the written request of the Director of Public Safety,	5927
the Director of Budget and Management may make periodic transfers	5928
of cash totaling $16,200,000 in each fiscal year from the Highway	5929
Operating Fund (Fund 7002) to the State Highway Safety Fund (Fund	5930
7036).	5931

Section 755.50. To the extent permitted by federal law,	5932
federal money received by the state for fiscal stabilization and	5933
recovery purposes shall be used in accordance with the preferences	5934
for products and services made or performed in the United States	5935
and Ohio established in section 125.09 of the Revised Code.	5936

Section 757.10. The amendment by this act of section 5751.01	5937
of the Revised Code is intended to clarify the law as it existed	5938
prior to the enactment of this act and shall be construed	5939
accordingly. The amendment shall apply to all tax periods	5940
beginning on or after July 1, 2005.	5941

Section 757.20. There is hereby created the Joint Legislative	5942
Task Force on Department of Transportation Funding. The Task Force	5943
shall consist of three members of the House Finance and	5944
Appropriations Committee, two of whom shall be appointed by the	5945
Speaker of the House of Representatives and one of whom shall be	5946
appointed by the Minority Leader of the House of Representatives,	5947
and three members of the Senate Highways and Transportation	5948
Committee, two of whom shall be appointed by the President of the	5949
Senate and one of whom shall be appointed by the Minority Leader	5950
of the Senate.	5951

The Task Force shall examine the funding needs of the Ohio	5952
Department of Transportation. Not later than December 15, 2011,	5953
the Task Force shall issue a report containing its findings and	5954
recommendations to the President of the Senate, the Minority	5955
Leader of the Senate, the Speaker of the House of Representatives,	5956
and the Minority Leader of the House of Representatives. At that	5957
time, the Task Force shall cease to exist.	5958

Section 801.10.  PROVISIONS OF LAW GENERALLY APPLICABLE TO	5959
APPROPRIATIONS	5960

Law contained in the main operating appropriations act of the	5961
129th General Assembly that is generally applicable to the	5962
appropriations made in the main operating appropriations act also	5963
is generally applicable to the appropriations made in this act.	5964

Section 801.20.  As used in the uncodified law of this act,	5965
"American Recovery and Reinvestment Act of 2009" means the	5966
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	5967
111-5, 123 Stat. 115.	5968

Section 806.10. The items of law contained in this act, and	5969
their applications, are severable. If any item of law contained in	5970
this act, or if any application of any item of law contained in	5971
this act, is held invalid, the invalidity does not affect other	5972
items of law contained in this act and their applications that can	5973
be given effect without the invalid item or application.	5974

Section 812.10.  Except as otherwise provided in this act,	5975
the amendment, enactment, or repeal by this act of a section of	5976
law is subject to the referendum under Ohio Constitution, Article	5977
II, Section 1c and therefore takes effect on the ninety-first day	5978
after this act is filed with the Secretary of State or, if a later	5979
effective date is specified below, on that date.	5980

Section 812.20. In this section, an "appropriation" includes	5981
another provision of law in this act that relates to the subject	5982
of the appropriation.	5983

An appropriation of money made in this act is not subject to	5984
the referendum insofar as a contemplated expenditure authorized	5985
thereby is wholly to meet a current expense within the meaning of	5986
Ohio Constitution, Article II, Section 1d and section 1.471 of the	5987
Revised Code. To that extent, the appropriation takes effect	5988
immediately when this act becomes law. Conversely, the	5989
appropriation is subject to the referendum insofar as a	5990
contemplated expenditure authorized thereby is wholly or partly	5991
not to meet a current expense within the meaning of Ohio	5992
Constitution, Article II, Section 1d and section 1.471 of the	5993
Revised Code. To that extent, the appropriation takes effect on	5994
the ninety-first day after this act is filed with the Secretary of	5995
State.	5996