H. B. No. 35 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 35

Representative McGregor

A BILL

To amend sections 9.33, 127.14, 153.01, 153.65,

307.05, 307.051, 307.055, 505.37, 505.375, 505.44,

505.72, 718.01, 2937.221, 3354.13, 3355.10,

3357.12, 3705.242, 4501.03, 4501.04, 4501.041,

4501.042, 4501.043, 4501.06, 4503.42, 4503.45,

4503.49, 4504.19, 4504.21, 4506.08, 4506.09,

4507.011, 4507.23, 4508.08, 4511.13, 4513.263,

4513.53, 4513.66, 4561.21, 4743.05, 4765.02,

4765.03, 4765.04, 4765.05, 4765.06, 4765.07,

4765.08, 4765.09, 4765.10, 4765.101, 4765.102,

4765.11, 4765.111, 4765.112, 4765.113, 4765.114,

4765.115, 4765.116, 4765.12, 4765.15, 4765.16,

4765.17, 4765.18, 4765.22, 4765.23, 4765.28,

4765.29, 4765.30, 4765.31, 4765.32, 4765.33,

4765.37, 4765.38, 4765.39, 4765.40, 4765.42,

4765.48, 4765.49, 4765.55, 4765.56, 4766.01,

4766.03, 4766.04, 4766.05, 4766.07, 4766.08,

4766.09, 4766.10, 4766.11, 4766.12, 4766.13,

4766.15, 4766.22, 5501.73, 5501.77, 5502.01,

5503.04, 5503.31, 5503.32, 5513.01, 5515.01,

5517.011, 5517.02, 5525.01, 5525.16, 5533.31,

5537.01, 5537.02, 5537.03, 5537.04, 5537.05,

5537.051, 5537.06, 5537.07, 5537.08, 5537.09,

5537.11, 5537.12, 5537.13, 5537.14, 5537.15,

5537.16, 5537.17, 5537.19, 5537.20, 5537.21,

5537.22, 5537.24, 5537.25, 5537.26, 5537.27,

5537.28, 5537.30, 5728.01, 5735.05, 5735.23,

5739.02, 5747.01, 5751.01, 5751.02, 5751.051, and

5751.20; to enact sections 4501.031, 5517.021, and

5537.18; and to repeal sections 126.60, 126.601,

126.602, 126.603, 126.604, 126.605, 4501.13,

4766.02, 4766.20, 4981.36, and 4981.361 of the

Revised Code; to amend Section 10 of Am. Sub. H.B.

386 of the 129th General Assembly; and to amend

Sections 203.80 and 203.83 of Sub. H.B. 482 of the

129th General Assembly to make appropriations for

programs related to transportation and public

safety for the biennium beginning July 1, 2013,

and ending June 30, 2015, and to provide

authorization and conditions for the operation of

those programs.

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

Section 101.01. That sections 9.33, 127.14, 153.01, 153.65,	42
307.05, 307.051, 307.055, 505.37, 505.375, 505.44, 505.72, 718.01,	43
2937.221, 3354.13, 3355.10, 3357.12, 3705.242, 4501.03, 4501.04,	44
4501.041, 4501.042, 4501.043, 4501.06, 4503.42, 4503.45, 4503.49,	45
4504.19, 4504.21, 4506.08, 4506.09, 4507.011, 4507.23, 4508.08,	46
4511.13, 4513.263, 4513.53, 4513.66, 4561.21, 4743.05, 4765.02,	47
4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08, 4765.09,	48
4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,	49
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,	50
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,	51
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,	52
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,	53
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	54
4766.12, 4766.13, 4766.15, 4766.22, 5501.73, 5501.77, 5502.01,	55
5503.04, 5503.31, 5503.32, 5513.01, 5515.01, 5517.011, 5517.02,	56
5525.01, 5525.16, 5533.31, 5537.01, 5537.02, 5537.03, 5537.04,	57
5537.05, 5537.051, 5537.06, 5537.07, 5537.08, 5537.09, 5537.11,	58
5537.12, 5537.13, 5537.14, 5537.15, 5537.16, 5537.17, 5537.19,	59
5537.20, 5537.21, 5537.22, 5537.24, 5537.25, 5537.26, 5537.27,	60
5537.28, 5537.30, 5728.01, 5735.05, 5735.23, 5739.02, 5747.01,	61
5751.01, 5751.02, 5751.051, and 5751.20 be amended, and sections	62
4501.031, 5517.021, and 5537.18 of the Revised Code be enacted to	63
read as follows:	64

Sec. 9.33. As used in sections 9.33 to 9.335 of the Revised	65
Code:	66

(A) "Construction manager" means a person with substantial	67
discretion and authority to plan, coordinate, manage, and direct	68
all phases of a project for the construction, demolition,	69
alteration, repair, or reconstruction of any public building,	70
structure, or other improvement, but does not mean the person who	71
provides the professional design services or who actually performs	72
the construction, demolition, alteration, repair, or	73
reconstruction work on the project.	74

(B)(1) "Construction manager at risk" means a person with	75
substantial discretion and authority to plan, coordinate, manage,	76
direct, and construct all phases of a project for the	77
construction, demolition, alteration, repair, or reconstruction of	78
any public building, structure, or other improvement and who	79
provides the public authority a guaranteed maximum price as	80
determined in section 9.334 of the Revised Code.	81

(2) As used in division (B)(1) of this section:

(a) "Construct" includes performing, or subcontracting for	83
performing, construction, demolition, alteration, repair, or	84
reconstruction.	85

(b) "Manage" includes approving bidders and awarding	86
subcontracts for furnishing materials regarding, or for	87
performing, construction, demolition, alteration, repair, or	88
reconstruction.	89

(C) "Construction management contract" means a contract	90
between a public authority and another person obligating the	91
person to provide construction management services.	92

(D) "Construction management services" or "management	93
services" means the range of services that either a construction	94
manager or a construction manager at risk may provide.	95

(E) "Qualified" means having the following qualifications:

(1) Competence to perform the required management services as	97
indicated by the technical training, education, and experience of	98
the construction manager's or construction manager at risk's	99
personnel, especially the technical training, education, and	100
experience of the construction manager's or construction manager	101
at risk's employees who would be assigned to perform the services;	102

(2) Ability in terms of workload and the availability of	103
qualified personnel, equipment, and facilities to perform the	104
required management services competently and expeditiously;	105

(3) Past performance as reflected by the evaluations of	106
previous clients with respect to factors such as control of costs,	107
quality of work, and meeting of deadlines;	108

(4) Financial responsibility as evidenced by the capability	109
to provide a letter of credit pursuant to Chapter 1305. of the	110
Revised Code, a surety bond, certified check, or cashier's check	111
in an amount equal to the value of the construction management	112
contract, or by other means acceptable to the public authority;	113

(5) Other similar factors.

114

(F)(1) "Public authority" means the state, any state	115
institution of higher education as defined in section 3345.011 of	116
the Revised Code, any county, township, municipal corporation,	117
school district, or other political subdivision, or any public	118
agency, authority, board, commission, instrumentality, or special	119
purpose district of the state or of a political subdivision.	120

(2) "Public authority" does not include the ~~Ohio turnpike~~	121
~~commission~~department of transportation.	122

(G) "Open book pricing method" means a method in which a	123
construction manager at risk provides the public authority, at the	124
public authority's request, all books, records, documents, and	125
other data in its possession pertaining to the bidding, pricing,	126
or performance of a construction management contract awarded to	127
the construction manager at risk.	128

Sec. 127.14. The controlling board may, at the request of	129
any state agency or the director of budget and management,	130
authorize, with respect to the provisions of any appropriation	131
act:	132

(A) Transfers of all or part of an appropriation within but	133
not between state agencies, except such transfers as the director	134
of budget and management is authorized by law to make, provided	135
that no transfer shall be made by the director for the purpose of	136
effecting new or changed levels of program service not authorized	137
by the general assembly;	138

(B) Transfers of all or part of an appropriation from one	139
fiscal year to another;	140

(C) Transfers of all or part of an appropriation within or	141
between state agencies made necessary by administrative	142
reorganization or by the abolition of an agency or part of an	143
agency;	144

(D) Transfers of all or part of cash balances in excess of	145
needs from any fund of the state to the general revenue fund or to	146
such other fund of the state to which the money would have been	147
credited in the absence of the fund from which the transfers are	148
authorized to be made, except that the controlling board may not	149
authorize such transfers from the accrued leave liability fund,	150
auto registration distribution fund, local motor vehicle license	151
tax fund, budget stabilization fund, development bond retirement	152
fund, facilities establishment fund, gasoline excise tax fund,	153
general revenue fund, higher education improvement fund, highway	154
improvement bond retirement fund, highway obligations bond	155
retirement fund, highway capital improvement fund, highway	156
operating fund, horse racing tax fund, improvements bond	157
retirement fund, public library fund, liquor control fund, local	158
government fund, local transportation improvement program fund,	159
mental health facilities improvement fund, Ohio fairs fund, parks	160
and recreation improvement fund, public improvements bond	161
retirement fund, school district income tax fund, state agency	162
facilities improvement fund, state and local government highway	163
distribution fund, state highway safety fund, state lottery fund,	164
undivided liquor permit fund, Vietnam conflict compensation bond	165
retirement fund, volunteer fire fighters' dependents fund,	166
waterways safety fund, wildlife fund, workers' compensation fund,	167
or any fund not specified in this division that the director of	168
budget and management determines to be a bond fund or bond	169
retirement fund;	170

(E) Transfers of all or part of those appropriations included	171
in the emergency purposes account of the controlling board;	172

(F) Temporary transfers of all or part of an appropriation or	173
other moneys into and between existing funds, or new funds, as may	174
be established by law when needed for capital outlays for which	175
notes or bonds will be issued;	176

(G) Transfer or release of all or part of an appropriation to	177
a state agency requiring controlling board approval of such	178
transfer or release as provided by law;	179

(H) Temporary transfer of funds included in the emergency	180
purposes appropriation of the controlling board. Such temporary	181
transfers may be made subject to conditions specified by the	182
controlling board at the time temporary transfers are authorized.	183
No transfers shall be made under this division for the purpose of	184
effecting new or changed levels of program service not authorized	185
by the general assembly.	186

As used in this section, "request" means an application by a	187
state agency or the director of budget and management seeking some	188
action by the controlling board.	189

When authorizing the transfer of all or part of an	190
appropriation under this section, the controlling board may	191
authorize the transfer to an existing appropriation item and the	192
creation of and transfer to a new appropriation item.	193

Whenever there is a transfer of all or part of funds included	194
in the emergency purposes appropriation by the controlling board,	195
pursuant to division (E) of this section, the state agency or the	196
director of budget and management receiving such transfer shall	197
keep a detailed record of the use of the transferred funds. At the	198
earliest scheduled meeting of the controlling board following the	199
accomplishment of the purposes specified in the request originally	200
seeking the transfer, or following the total expenditure of the	201
transferred funds for the specified purposes, the state agency or	202
the director of budget and management shall submit a report on the	203
expenditure of such funds to the board. The portion of any	204
appropriation so transferred which is not required to accomplish	205
the purposes designated in the original request to the controlling	206
board shall be returned to the proper appropriation of the	207
controlling board at this time.	208

Notwithstanding any provisions of law providing for the	209
deposit of revenues received by a state agency to the credit of a	210
particular fund in the state treasury, whenever there is a	211
temporary transfer of funds included in the emergency purposes	212
appropriation of the controlling board pursuant to division (H) of	213
this section, revenues received by any state agency receiving such	214
a temporary transfer of funds shall, as directed by the	215
controlling board, be transferred back to the emergency purposes	216
appropriation.	217

The board may delegate to the director of budget and	218
management authority to approve transfers among items of	219
appropriation under division (A) of this section.	220

Sec. 153.01. (A) Whenever any building or structure for the	221
use of the state or any institution supported in whole or in part	222
by the state or in or upon the public works of the state that is	223
administered by the Ohio facilities construction commission or by	224
any other state officer or state agency authorized by law to	225
administer a project, including an educational institution listed	226
in section 3345.50 of the Revised Code, is to be erected or	227
constructed, whenever additions, alterations, or structural or	228
other improvements are to be made, or whenever heating, cooling,	229
or ventilating plants or other equipment is to be installed or	230
material supplied therefor, the estimated cost of which amounts to	231
two hundred thousand dollars or more, or the amount determined	232
pursuant to section 153.53 of the Revised Code or more, each	233
officer, board, or other authority upon which devolves the duty of	234
constructing, erecting, altering, or installing the same, referred	235
to in sections 153.01 to 153.60 of the Revised Code as the public	236
authority, shall cause to be made, by an architect or engineer	237
whose contract of employment shall be prepared and approved by the	238
attorney general, the following:	239

(1) Full and accurate plans, suitable for the use of	240
mechanics and other builders in the construction, improvement,	241
addition, alteration, or installation;	242

(2) Details to scale and full-sized, so drawn and represented	243
as to be easily understood;	244

(3) Definite and complete specifications of the work to be	245
performed, together with directions that will enable a competent	246
mechanic or other builder to carry them out and afford bidders all	247
needful information;	248

(4) A full and accurate estimate of each item of expense and	249
the aggregate cost of those items of expense;	250

(5) A life-cycle cost analysis;

251

(6) Further data as may be required by the Ohio facilities	252
construction commission.	253

(B)(1) Division (A) of this section shall not be required	254
with respect to a construction management contract entered into	255
with a construction manager at risk as described in section 9.334	256
of the Revised Code or a design-build contract entered into with a	257
design-build firm as described in section 153.693 of the Revised	258
Code.	259

(2) Nothing in this chapter shall interfere with the power of	260
the director of transportation to prepare plans for, acquire	261
rights-of-way for, construct, or maintain transportation	262
facilities, or to let contracts for those purposes.	263

Sec. 153.65. As used in sections 153.65 to 153.73 of the	264
Revised Code:	265

(A)(1) "Public authority" means the state, a state	266
institution of higher education as defined in section 3345.011 of	267
the Revised Code, a county, township, municipal corporation,	268
school district, or other political subdivision, or any public	269
agency, authority, board, commission, instrumentality, or special	270
purpose district of the state or of a political subdivision.	271

(2) "Public authority" does not include the ~~Ohio turnpike~~	272
~~commission~~department of transportation.	273

(B) "Professional design firm" means any person legally	274
engaged in rendering professional design services.	275

(C) "Professional design services" means services within the	276
scope of practice of an architect or landscape architect	277
registered under Chapter 4703. of the Revised Code or a	278
professional engineer or surveyor registered under Chapter 4733.	279
of the Revised Code.	280

(D) "Qualifications" means all of the following:

281

(1)(a) For a professional design firm, competence to perform	282
the required professional design services as indicated by the	283
technical training, education, and experience of the firm's	284
personnel, especially the technical training, education, and	285
experience of the employees within the firm who would be assigned	286
to perform the services;	287

(b) For a design-build firm, competence to perform the	288
required design-build services as indicated by the technical	289
training, education, and experience of the design-build firm's	290
personnel and key consultants, especially the technical training,	291
education, and experience of the employees and consultants of the	292
design-build firm who would be assigned to perform the services,	293
including the proposed architect or engineer of record.	294

(2) Ability of the firm in terms of its workload and the	295
availability of qualified personnel, equipment, and facilities to	296
perform the required professional design services or design-build	297
services competently and expeditiously;	298

(3) Past performance of the firm as reflected by the	299
evaluations of previous clients with respect to such factors as	300
control of costs, quality of work, and meeting of deadlines;	301

(4) Any other relevant factors as determined by the public	302
authority;	303

(5) With respect to a design-build firm, compliance with	304
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	305
including the use of a licensed design professional for all design	306
services.	307

(E) "Design-build contract" means a contract between a public	308
authority and another person that obligates the person to provide	309
design-build services.	310

(F) "Design-build firm" means a person capable of providing	311
design-build services.	312

(G) "Design-build services" means services that form an	313
integrated delivery system for which a person is responsible to a	314
public authority for both the design and construction, demolition,	315
alteration, repair, or reconstruction of a public improvement.	316

(H) "Architect or engineer of record" means the architect or	317
engineer that serves as the final signatory on the plans and	318
specifications for the design-build project.	319

(I) "Criteria architect or engineer" means the architect or	320
engineer retained by a public authority to prepare conceptual	321
plans and specifications, to assist the public authority in	322
connection with the establishment of the design criteria for a	323
design-build project, and, if requested by the public authority,	324
to serve as the representative of the public authority and	325
provide, during the design-build project, other design and	326
construction administration services on behalf of the public	327
authority, including but not limited to, confirming that the	328
design prepared by the design-build firm reflects the original	329
design intent established in the design criteria package.	330

(J) "Open book pricing method" means a method in which a	331
design-build firm provides the public authority, at the public	332
authority's request, all books, records, documents, contracts,	333
subcontracts, purchase orders, and other data in its possession	334
pertaining to the bidding, pricing, or performance of a contract	335
for design-build services awarded to the design-build firm.	336

Sec. 307.05. As used in this section, "emergency medical	337
service organization" has the same meaning as in section 4765.01	338
of the Revised Code.	339

A board of county commissioners may operate an ambulance	340
service organization or emergency medical service organization,	341
or, in counties with a population of forty thousand or less, may	342
operate a nonemergency patient transport service organization, or	343
may enter into a contract with one or more counties, townships,	344
municipal corporations, nonprofit corporations, joint emergency	345
medical services districts, fire and ambulance districts, or	346
private ambulance owners, regardless of whether such counties,	347
townships, municipal corporations, nonprofit corporations, joint	348
emergency medical services districts, fire and ambulance	349
districts, or private ambulance owners are located within or	350
without the state, in order to furnish or obtain the services of	351
ambulance service organizations, to furnish or obtain additional	352
services from ambulance service organizations in times of	353
emergency, to furnish or obtain the services of emergency medical	354
service organizations, or, in counties with a population of forty	355
thousand or less, to furnish or obtain services of nonemergency	356
patient transport service organizations, or may enter into a	357
contract with any such entity to furnish or obtain the interchange	358
of services from ambulance or emergency medical service	359
organizations, or, within counties with a population of forty	360
thousand or less, to furnish or obtain the interchange of services	361
from nonemergency patient transport service organizations, within	362
the territories of the contracting subdivisions. Except in the	363
case of a contract with a joint emergency medical services	364
district to obtain the services of emergency medical service	365
organizations, such contracts shall not be entered into with a	366
public agency or nonprofit corporation that receives more than	367
half of its operating funds from governmental entities with the	368
intention of directly competing with the operation of other	369
ambulance service organizations, nonemergency patient transport	370
service organizations, or emergency medical service organizations	371
in the county unless the public agency or nonprofit corporation is	372
awarded the contract after submitting the lowest and best bid to	373
the board of county commissioners. Any county wishing to commence	374
operation of a nonemergency patient transport service organization	375
or wishing to enter into a contract for the first time to furnish	376
or obtain services from a nonemergency patient transport service	377
organization on or after March 1, 1993, including a county in	378
which a private provider has been providing the service, shall	379
demonstrate the need for public funding for the service to, and	380
obtain approval from, the state board of emergency medical, fire,	381
and transportation services or its immediate successor board prior	382
to operating or funding the organization.	383

When such an organization is operated by the board, the	384
organization may be administered by the board, by the county	385
sheriff, or by another county officer or employee designated by	386
the board. All rules, including the determining of reasonable	387
rates, necessary for the establishment, operation, and maintenance	388
of such an organization shall be adopted by the board.	389

A contract for services of an ambulance service, nonemergency	390
patient transport service, or emergency medical service	391
organization shall include the terms, conditions, and stipulations	392
as agreed to by the parties to the contract. It may provide for a	393
fixed annual charge to be paid at the times agreed upon and	394
stipulated in the contract, or for compensation based upon a	395
stipulated price for each run, call, or emergency or the number of	396
persons or pieces of apparatus employed, or the elapsed time of	397
service required in such run, call, or emergency, or any	398
combination thereof.	399

Sec. 307.051. As used in this section, "emergency medical	400
service organization" has the same meaning as in section 4766.01	401
of the Revised Code.	402

A board of county commissioners, by adoption of an	403
appropriate resolution, may choose to have the ~~Ohio~~state board of	404
emergency medical, fire, and transportation ~~board~~services license	405
any emergency medical service organization it operates. If a board	406
adopts such a resolution, Chapter 4766. of the Revised Code,	407
except for sections 4766.06 and 4766.99 of the Revised Code,	408
applies to the county emergency medical service organization. All	409
rules adopted under the applicable sections of that chapter also	410
apply to the organization. A board, by adoption of an appropriate	411
resolution, may remove its emergency medical service organization	412
from the jurisdiction of the ~~Ohio~~state board of emergency	413
medical, fire, and transportation ~~board~~services.	414

Sec. 307.055. (A) Subject to the terms and conditions of the	415
joint resolution creating it, each joint emergency medical	416
services district may furnish ambulance services and emergency	417
medical services by one of the following methods:	418

(1) By operating an emergency medical service organization as	419
defined in section 4765.01 of the Revised Code;	420

(2) By contracting for the operation of one or more	421
facilities pursuant to division (C) or (D) of this section;	422

(3) By providing necessary services and equipment to the	423
district either directly or under a contract entered into pursuant	424
to division (B) of this section;	425

(4) By providing service through any combination of methods	426
described in divisions (A)(1) to (3) of this section.	427

(B) In order to obtain ambulance service, to obtain	428
additional ambulance service in times of emergency, or to obtain	429
emergency medical services, a joint emergency medical services	430
district may enter into a contract, for a period not to exceed	431
three years, with one or more counties, townships, municipal	432
corporations, joint fire districts, other governmental units that	433
provide ambulance service or emergency medical services, nonprofit	434
corporations, or private ambulance owners, regardless of whether	435
the entities contracted with are located within or outside this	436
state, upon such terms as are agreed to, to furnish or receive	437
ambulance services or the interchange of ambulance services or	438
emergency medical services within the several territories of the	439
contracting subdivisions, if the contract is first authorized by	440
all boards of trustees and legislative authorities in the	441
territories to be served.	442

Such a contract may provide for a fixed annual charge to be	443
paid at the times agreed upon and stipulated in the contract; or	444
for compensation based on a stipulated price for each run, call,	445
or emergency or based on the elapsed time of service required for	446
each run, call, or emergency, or based on any combination of	447
these.	448

Expenditures of a district for ambulance service or emergency	449
medical service, whether pursuant to contract or otherwise, are	450
lawful expenditures, regardless of whether the district or the	451
party with which it contracts charges an additional fee to users	452
of the service.	453

(C) The board of trustees may enter into a contract with any	454
person, municipal corporation, township, or other political	455
subdivision, and any political subdivision may contract with the	456
board, for the operation and maintenance of emergency medical	457
services facilities regardless of whether the facilities used are	458
owned or leased by the district, by another political subdivision,	459
or by the contractor.	460

(D) The district may purchase, lease, and maintain all	461
materials, buildings, land, and equipment, including vehicles, the	462
board considers necessary for the district.	463

When the board finds, by resolution, that the district has	464
personal property that is not needed for public use, or is	465
obsolete or unfit for the use for which it was acquired, the board	466
may dispose of the property in the same manner as provided in	467
section 307.12 of the Revised Code.	468

(E) Except in the case of a contract with a board of county	469
commissioners for the provision of services of an emergency	470
medical service organization, any contract entered into by a joint	471
emergency medical services district shall conform to the same	472
bidding requirements that apply to county contracts under sections	473
307.86 to 307.92 of the Revised Code.	474

(F) A county participating in a joint district may contribute	475
any of its rights or interests in real or personal property,	476
including money, and may contribute services to the district. Any	477
such contributions shall be made by a written agreement between	478
the contributing county and the district, specifying the	479
contribution as well as the rights of the participating counties	480
in the contributed property. Written agreements shall also be	481
prepared specifying the rights of participating counties in	482
property acquired by the district other than by contribution of a	483
participating county. Written agreements required by this division	484
may be amended only by written agreement of all parties to the	485
original agreement.	486

(G) A district's board of trustees, by adoption of an	487
appropriate resolution, may choose to have the ~~Ohio~~state board of	488
emergency medical, fire, and transportation ~~board~~services license	489
any emergency medical service organization the district operates.	490
If a board adopts such a resolution, Chapter 4766. of the Revised	491
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	492
applies to the district emergency medical service organization.	493
All rules adopted under the applicable sections of that chapter	494
also apply to the organization. A board, by adoption of an	495
appropriate resolution, may remove the district emergency medical	496
service organization from the jurisdiction of the ~~Ohio~~state board	497
of emergency medical, fire, and transportation ~~board~~services.	498

Sec. 505.37. (A) The board of township trustees may	499
establish all necessary rules to guard against the occurrence of	500
fires and to protect the property and lives of the citizens	501
against damage and accidents, and may, with the approval of the	502
specifications by the prosecuting attorney or, if the township has	503
adopted limited home rule government under Chapter 504. of the	504
Revised Code, with the approval of the specifications by the	505
township's law director, purchase, lease, lease with an option to	506
purchase, or otherwise provide any fire apparatus, mechanical	507
resuscitators, or other equipment, appliances, materials, fire	508
hydrants, and water supply for fire-fighting purposes that seems	509
advisable to the board. The board shall provide for the care and	510
maintenance of fire equipment, and, for these purposes, may	511
purchase, lease, lease with an option to purchase, or construct	512
and maintain necessary buildings, and it may establish and	513
maintain lines of fire-alarm communications within the limits of	514
the township. The board may employ one or more persons to maintain	515
and operate fire-fighting equipment, or it may enter into an	516
agreement with a volunteer fire company for the use and operation	517
of fire-fighting equipment. The board may compensate the members	518
of a volunteer fire company on any basis and in any amount that it	519
considers equitable.	520

When the estimated cost to purchase fire apparatus,	521
mechanical resuscitators, other equipment, appliances, materials,	522
fire hydrants, buildings, or fire-alarm communications equipment	523
or services exceeds fifty thousand dollars, the contract shall be	524
let by competitive bidding. When competitive bidding is required,	525
the board shall advertise once a week for not less than two	526
consecutive weeks in a newspaper of general circulation within the	527
township. The board may also cause notice to be inserted in trade	528
papers or other publications designated by it or to be distributed	529
by electronic means, including posting the notice on the board's	530
internet web site. If the board posts the notice on its web site,	531
it may eliminate the second notice otherwise required to be	532
published in a newspaper of general circulation within the	533
township, provided that the first notice published in such	534
newspaper meets all of the following requirements:	535

(1) It is published at least two weeks before the opening of	536
bids.	537

(2) It includes a statement that the notice is posted on the	538
board's internet web site.	539

(3) It includes the internet address of the board's internet	540
web site.	541

(4) It includes instructions describing how the notice may be	542
accessed on the board's internet web site.	543

The advertisement shall include the time, date, and place	544
where the clerk of the township, or the clerk's designee, will	545
read bids publicly. The time, date, and place of bid openings may	546
be extended to a later date by the board of township trustees,	547
provided that written or oral notice of the change shall be given	548
to all persons who have received or requested specifications not	549
later than ninety-six hours prior to the original time and date	550
fixed for the opening. The board may reject all the bids or accept	551
the lowest and best bid, provided that the successful bidder meets	552
the requirements of section 153.54 of the Revised Code when the	553
contract is for the construction, demolition, alteration, repair,	554
or reconstruction of an improvement.	555

(B) The boards of township trustees of any two or more	556
townships, or the legislative authorities of any two or more	557
political subdivisions, or any combination of these, may, through	558
joint action, unite in the joint purchase, lease, lease with an	559
option to purchase, maintenance, use, and operation of	560
fire-fighting equipment, or for any other purpose designated in	561
sections 505.37 to 505.42 of the Revised Code, and may prorate the	562
expense of the joint action on any terms that are mutually agreed	563
upon.	564

(C) The board of township trustees of any township may, by	565
resolution, whenever it is expedient and necessary to guard	566
against the occurrence of fires or to protect the property and	567
lives of the citizens against damages resulting from their	568
occurrence, create a fire district of any portions of the township	569
that it considers necessary. The board may purchase, lease, lease	570
with an option to purchase, or otherwise provide any fire	571
apparatus, appliances, materials, fire hydrants, and water supply	572
for fire-fighting purposes, or may contract for the fire	573
protection for the fire district as provided in section 9.60 of	574
the Revised Code. The fire district so created shall be given a	575
separate name by which it shall be known.	576

Additional unincorporated territory of the township may be	577
added to a fire district upon the board's adoption of a resolution	578
authorizing the addition. A municipal corporation that is within	579
or adjoining the township may be added to a fire district upon the	580
board's adoption of a resolution authorizing the addition and the	581
municipal legislative authority's adoption of a resolution or	582
ordinance requesting the addition of the municipal corporation to	583
the fire district.	584

If the township fire district imposes a tax, additional	585
unincorporated territory of the township or a municipal	586
corporation that is within or adjoining the township shall become	587
part of the fire district only after all of the following have	588
occurred:	589

(1) Adoption by the board of township trustees of a	590
resolution approving the expansion of the territorial limits of	591
the district and, if the resolution proposes to add a municipal	592
corporation, adoption by the municipal legislative authority of a	593
resolution or ordinance requesting the addition of the municipal	594
corporation to the district;	595

(2) Adoption by the board of township trustees of a	596
resolution recommending the extension of the tax to the additional	597
territory;	598

(3) Approval of the tax by the electors of the territory	599
proposed for addition to the district.	600

Each resolution of the board adopted under division (C)(2) of	601
this section shall state the name of the fire district, a	602
description of the territory to be added, and the rate and	603
termination date of the tax, which shall be the rate and	604
termination date of the tax currently in effect in the fire	605
district.	606

The board of trustees shall certify each resolution adopted	607
under division (C)(2) of this section to the board of elections in	608
accordance with section 5705.19 of the Revised Code. The election	609
required under division (C)(3) of this section shall be held,	610
canvassed, and certified in the manner provided for the submission	611
of tax levies under section 5705.25 of the Revised Code, except	612
that the question appearing on the ballot shall read:	613

"Shall the territory within ........................	614
(description of the proposed territory to be added) be added to	615
........................ (name) fire district, and a property tax	616
at a rate of taxation not exceeding ...... (here insert tax rate)	617
be in effect for .......... (here insert the number of years the	618
tax is to be in effect or "a continuing period of time," as	619
applicable)?"	620

If the question is approved by at least a majority of the	621
electors voting on it, the joinder shall be effective as of the	622
first day of July of the year following approval, and on that	623
date, the township fire district tax shall be extended to the	624
taxable property within the territory that has been added. If the	625
territory that has been added is a municipal corporation and if it	626
had adopted a tax levy for fire purposes, the levy is terminated	627
on the effective date of the joinder.	628

Any municipal corporation may withdraw from a township fire	629
district created under division (C) of this section by the	630
adoption by the municipal legislative authority of a resolution or	631
ordinance ordering withdrawal. On the first day of July of the	632
year following the adoption of the resolution or ordinance of	633
withdrawal, the municipal corporation withdrawing ceases to be a	634
part of the district, and the power of the fire district to levy a	635
tax upon taxable property in the withdrawing municipal corporation	636
terminates, except that the fire district shall continue to levy	637
and collect taxes for the payment of indebtedness within the	638
territory of the fire district as it was composed at the time the	639
indebtedness was incurred.	640

Upon the withdrawal of any municipal corporation from a	641
township fire district created under division (C) of this section,	642
the county auditor shall ascertain, apportion, and order a	643
division of the funds on hand, moneys and taxes in the process of	644
collection except for taxes levied for the payment of	645
indebtedness, credits, and real and personal property, either in	646
money or in kind, on the basis of the valuation of the respective	647
tax duplicates of the withdrawing municipal corporation and the	648
remaining territory of the fire district.	649

A board of township trustees may remove unincorporated	650
territory of the township from the fire district upon the adoption	651
of a resolution authorizing the removal. On the first day of July	652
of the year following the adoption of the resolution, the	653
unincorporated township territory described in the resolution	654
ceases to be a part of the district, and the power of the fire	655
district to levy a tax upon taxable property in that territory	656
terminates, except that the fire district shall continue to levy	657
and collect taxes for the payment of indebtedness within the	658
territory of the fire district as it was composed at the time the	659
indebtedness was incurred.	660

(D) The board of township trustees of any township, the board	661
of fire district trustees of a fire district created under section	662
505.371 of the Revised Code, or the legislative authority of any	663
municipal corporation may purchase, lease, or lease with an option	664
to purchase the necessary fire-fighting equipment, buildings, and	665
sites for the township, fire district, or municipal corporation	666
and issue securities for that purpose with maximum maturities as	667
provided in section 133.20 of the Revised Code. The board of	668
township trustees, board of fire district trustees, or legislative	669
authority may also construct any buildings necessary to house	670
fire-fighting equipment and issue securities for that purpose with	671
maximum maturities as provided in section 133.20 of the Revised	672
Code.	673

The board of township trustees, board of fire district	674
trustees, or legislative authority may issue the securities of the	675
township, fire district, or municipal corporation, signed by the	676
board or designated officer of the municipal corporation and	677
attested by the signature of the township fiscal officer, fire	678
district clerk, or municipal clerk, covering any deferred payments	679
and payable at the times provided, which securities shall bear	680
interest not to exceed the rate determined as provided in section	681
9.95 of the Revised Code, and shall not be subject to Chapter 133.	682
of the Revised Code. The legislation authorizing the issuance of	683
the securities shall provide for levying and collecting annually	684
by taxation, amounts sufficient to pay the interest on and	685
principal of the securities. The securities shall be offered for	686
sale on the open market or given to the vendor or contractor if no	687
sale is made.	688

Section 505.40 of the Revised Code does not apply to any	689
securities issued, or any lease with an option to purchase entered	690
into, in accordance with this division.	691

(E) A board of township trustees of any township or a board	692
of fire district trustees of a fire district created under section	693
505.371 of the Revised Code may purchase a policy or policies of	694
liability insurance for the officers, employees, and appointees of	695
the fire department, fire district, or joint fire district	696
governed by the board that includes personal injury liability	697
coverage as to the civil liability of those officers, employees,	698
and appointees for false arrest, detention, or imprisonment,	699
malicious prosecution, libel, slander, defamation or other	700
violation of the right of privacy, wrongful entry or eviction, or	701
other invasion of the right of private occupancy, arising out of	702
the performance of their duties.	703

When a board of township trustees cannot, by deed of gift or	704
by purchase and upon terms it considers reasonable, procure land	705
for a township fire station that is needed in order to respond in	706
reasonable time to a fire or medical emergency, the board may	707
appropriate land for that purpose under sections 163.01 to 163.22	708
of the Revised Code. If it is necessary to acquire additional	709
adjacent land for enlarging or improving the fire station, the	710
board may purchase, appropriate, or accept a deed of gift for the	711
land for these purposes.	712

(F) As used in this division, "emergency medical service	713
organization" has the same meaning as in section 4766.01 of the	714
Revised Code.	715

A board of township trustees, by adoption of an appropriate	716
resolution, may choose to have the ~~Ohio~~state board of emergency	717
medical, fire, and transportation ~~board~~services license any	718
emergency medical service organization it operates. If the board	719
adopts such a resolution, Chapter 4766. of the Revised Code,	720
except for sections 4766.06 and 4766.99 of the Revised Code,	721
applies to the organization. All rules adopted under the	722
applicable sections of that chapter also apply to the	723
organization. A board of township trustees, by adoption of an	724
appropriate resolution, may remove its emergency medical service	725
organization from the jurisdiction of the ~~Ohio~~state board of	726
emergency medical, fire, and transportation ~~board~~services.	727

Sec. 505.375. (A)(1)(a) The boards of township trustees of	728
one or more townships and the legislative authorities of one or	729
more municipal corporations, or the legislative authorities of two	730
or more municipal corporations, or the boards of township trustees	731
of two or more townships, may negotiate an agreement to form a	732
fire and ambulance district for the delivery of both fire and	733
ambulance services. The agreement shall be ratified by the	734
adoption of a joint resolution by a majority of the members of	735
each board of township trustees involved and a majority of the	736
members of the legislative authority of each municipal corporation	737
involved. The joint resolution shall specify a date on which the	738
fire and ambulance district shall come into being.	739

(b) If a joint fire district created under section 505.371 of	740
the Revised Code or a joint ambulance district created under	741
section 505.71 of the Revised Code is dissolved to facilitate the	742
creation of a fire and ambulance district under division (A)(1)(a)	743
of this section, the townships and municipal corporations forming	744
the fire and ambulance district may transfer to the fire and	745
ambulance district any of the funds on hand, moneys and taxes in	746
the process of collection, credits, and real and personal property	747
apportioned to them under division (D) of section 505.371 of the	748
Revised Code or section 505.71 of the Revised Code, as applicable,	749
for use by the fire and ambulance district in accordance with this	750
section.	751

(2)(a) The board of trustees of a joint ambulance district	752
created under section 505.71 of the Revised Code and the board of	753
fire district trustees of a joint fire district created under	754
section 505.371 of the Revised Code may negotiate to combine their	755
two joint districts into a single fire and ambulance district for	756
the delivery of both fire and ambulance services, if the	757
geographic area covered by the combining joint districts is	758
exactly the same. Both boards shall adopt a joint resolution	759
ratifying the agreement and setting a date on which the fire and	760
ambulance district shall come into being.	761

(b) On that date, the joint fire district and the joint	762
ambulance district shall cease to exist, and the power of each to	763
levy a tax upon taxable property shall terminate, except that any	764
levy of a tax for the payment of indebtedness within the territory	765
of the joint fire or joint ambulance district as it was composed	766
at the time the indebtedness was incurred shall continue to be	767
collected by the successor fire and ambulance district if the	768
indebtedness remains unpaid. All funds and other property of the	769
joint districts shall become the property of the fire and	770
ambulance district, unless otherwise provided in the negotiated	771
agreement. The agreement shall provide for the settlement of all	772
debts and obligations of the joint districts.	773

(B)(1) The governing body of a fire and ambulance district	774
created under division (A)(1) or (2) of this section shall be a	775
board of trustees of at least three but no more than nine members,	776
appointed as provided in the agreement creating the district.	777
Members of the board may be compensated at a rate not to exceed	778
thirty dollars per meeting for not more than fifteen meetings per	779
year, and may be reimbursed for all necessary expenses incurred,	780
as provided in the agreement creating the district.	781

(2) The board shall employ a clerk and other employees as it	782
considers best, including a fire chief or fire prevention	783
officers, and shall fix their compensation. Neither this section	784
nor any other section of the Revised Code requires, or shall be	785
construed to require, that the fire chief of a fire and ambulance	786
district be a resident of the district.	787

Before entering upon the duties of office, the clerk shall	788
execute a bond, in the amount and with surety to be approved by	789
the board, payable to the state, conditioned for the faithful	790
performance of all of the clerk's official duties. The clerk shall	791
deposit the bond with the presiding officer of the board, who	792
shall file a copy of it, certified by the presiding officer, with	793
the county auditor of the county containing the most territory in	794
the district.	795

The board also shall provide for the appointment of a fiscal	796
officer for the district and may enter into agreements with	797
volunteer fire companies for the use and operation of	798
fire-fighting equipment. Volunteer firefighters acting under such	799
an agreement are subject to the requirements for volunteer	800
firefighters set forth in division (A) of section 505.38 of the	801
Revised Code.	802

(3) Employees of the district shall not be removed from	803
office except as provided by sections 733.35 to 733.39 of the	804
Revised Code, except that, to initiate removal proceedings, the	805
board shall designate a private citizen or, if the employee is	806
employed as a firefighter, the board may designate the fire chief,	807
to investigate, conduct the proceedings, and prepare the necessary	808
charges in conformity with those sections, and except that the	809
board shall perform the functions and duties specified for the	810
municipal legislative authority under those sections. The board	811
may pay reasonable compensation to any private citizen hired for	812
services rendered in the matter.	813

(4) No person shall be appointed as a permanent full-time	814
paid member of the district whose duties include fire fighting, or	815
be appointed as a volunteer firefighter, unless that person has	816
received a certificate issued under former section 3303.07 or	817
section 4765.55 of the Revised Code evidencing satisfactory	818
completion of a firefighter training program. The board may send	819
its officers and firefighters to schools of instruction designed	820
to promote the efficiency of firefighters and, if authorized in	821
advance, may pay their necessary expenses from the funds used for	822
the maintenance and operation of the district.	823

The board may choose, by adoption of an appropriate	824
resolution, to have the ~~Ohio~~state board of emergency medical,	825
fire, and transportation ~~board~~services license any emergency	826
medical service organization it operates. If the board adopts such	827
a resolution, Chapter 4766. of the Revised Code, except for	828
sections 4766.06 and 4766.99 of the Revised Code, applies to the	829
organization. All rules adopted under the applicable sections of	830
that chapter also apply to the organization. The board may remove,	831
by resolution, its emergency medical service organization from the	832
jurisdiction of the ~~Ohio~~state board of emergency medical, fire,	833
and transportation ~~board~~services.	834

(C) The board of trustees of a fire and ambulance district	835
created under division (A)(1) or (2) of this section may exercise	836
the following powers:	837

(1) Purchase or otherwise provide any fire apparatus,	838
mechanical resuscitators, or other fire or ambulance equipment,	839
appliances, or materials; fire hydrants; and water supply for	840
firefighting purposes that seems advisable to the board;	841

(2) Provide for the care and maintenance of equipment and,	842
for that purpose, purchase, lease, lease with an option to	843
purchase, or construct and maintain necessary buildings;	844

(3) Establish and maintain lines of fire-alarm communications	845
within the limits of the district;	846

(4) Appropriate land for a fire station or medical emergency	847
unit needed in order to respond in reasonable time to a fire or	848
medical emergency, in accordance with Chapter 163. of the Revised	849
Code;	850

(5) Purchase, appropriate, or accept a deed or gift of land	851
to enlarge or improve a fire station or medical emergency unit;	852

(6) Purchase, lease, lease with an option to purchase,	853
maintain, and use all materials, equipment, vehicles, buildings,	854
and land necessary to perform its duties;	855

(7) Contract for a period not to exceed three years with one	856
or more townships, municipal corporations, counties, joint fire	857
districts, joint ambulance districts, governmental agencies,	858
nonprofit corporations, or private ambulance owners located either	859
within or outside the state, to furnish or receive ambulance	860
services or emergency medical services within the several	861
territories of the contracting parties, if the contract is first	862
authorized by all boards of trustees and legislative authorities	863
concerned;	864

(8) Establish reasonable charges for the use of ambulance or	865
emergency medical services under the same conditions under which a	866
board of fire district trustees may establish those charges under	867
section 505.371 of the Revised Code;	868

(9) Establish all necessary rules to guard against the	869
occurrence of fires and to protect property and lives against	870
damage and accidents;	871

(10) Adopt a standard code pertaining to fire, fire hazards,	872
and fire prevention prepared and promulgated by the state or by a	873
public or private organization that publishes a model or standard	874
code;	875

(11) Provide for charges for false alarms at commercial	876
establishments in the same manner as joint fire districts are	877
authorized to do under section 505.391 of the Revised Code;	878

(12) Issue bonds and other evidences of indebtedness, subject	879
to Chapter 133. of the Revised Code, but only after approval by a	880
vote of the electors of the district as provided by section 133.18	881
of the Revised Code;	882

(13) To provide the services and equipment it considers	883
necessary, levy a sufficient tax, subject to Chapter 5705. of the	884
Revised Code, on all the taxable property in the district.	885

(D) Any municipal corporation or township may join an	886
existing fire and ambulance district, whether created under	887
division (A)(1) or (2) of this section, by its legislative	888
authority's adoption of a resolution requesting the membership and	889
upon approval of the board of trustees of the district. Any	890
municipal corporation or township may withdraw from a district,	891
whether created under division (A)(1) or (2) of this section, by	892
its legislative authority's adoption of a resolution ordering	893
withdrawal. Upon its withdrawal, the municipal corporation or	894
township ceases to be a part of the district, and the district's	895
power to levy a tax on taxable property in the withdrawing	896
township or municipal corporation terminates, except that the	897
district shall continue to levy and collect taxes for the payment	898
of indebtedness within the territory of the district as it was	899
composed at the time the indebtedness was incurred.	900

Upon the withdrawal of any township or municipal corporation	901
from a district, the county auditor of the county containing the	902
most territory in the district shall ascertain, apportion, and	903
order a division of the funds on hand, including funds in the	904
ambulance and emergency medical services fund, moneys and taxes in	905
the process of collection, except for taxes levied for the payment	906
of indebtedness, credits, and real and personal property on the	907
basis of the valuation of the respective tax duplicates of the	908
withdrawing municipal corporation or township and the remaining	909
territory of the district.	910

(E) As used in this section:

911

(1) "Governmental agency" includes all departments, boards,	912
offices, commissions, agencies, colleges, universities,	913
institutions, and other instrumentalities of this or another	914
state.	915

(2) "Emergency medical service organization" has the same	916
meaning as in section 4766.01 of the Revised Code.	917

Sec. 505.44. As used in this section:

918

(A) "Emergency medical service organization" has the same	919
meaning as in section 4765.01 of the Revised Code.	920

(B) "State agency" means all departments, boards, offices,	921
commissions, agencies, colleges, universities, institutions, and	922
other instrumentalities of this or another state.	923

In order to obtain the services of ambulance service	924
organizations, to obtain additional services from ambulance	925
service organizations in times of emergency, to obtain the	926
services of emergency medical service organizations, or, if the	927
township is located in a county with a population of forty	928
thousand or less, to obtain the services of nonemergency patient	929
transport service organizations, a township may enter into a	930
contract with one or more state agencies, townships, municipal	931
corporations, counties, nonprofit corporations, joint emergency	932
medical services districts, fire and ambulance districts, or	933
private ambulance owners, regardless of whether such state	934
agencies, townships, municipal corporations, counties, nonprofit	935
corporations, joint emergency medical services districts, fire and	936
ambulance districts, or private ambulance owners are located	937
within or outside the state, upon such terms as are agreed to by	938
them, to furnish or receive services from ambulance or emergency	939
medical service organizations or, if the township is located in a	940
county with a population of forty thousand or less, to furnish or	941
receive services from nonemergency patient transport service	942
organizations, or may enter into a contract for the interchange of	943
services from ambulance or emergency medical service organizations	944
or, if the township is located in a county with a population of	945
forty thousand or less, the interchange of services from	946
nonemergency patient transport service organizations, within the	947
several territories of the contracting parties, if the contract is	948
first authorized by the respective boards of township trustees,	949
the other legislative bodies, or the officer or body authorized to	950
contract on behalf of the state agency. Such contracts shall not	951
be entered into with a state agency or nonprofit corporation that	952
receives more than half of its operating funds from governmental	953
entities with the intention of directly competing with the	954
operation of other ambulance, emergency medical, or nonemergency	955
patient transport service organizations in the township unless the	956
state agency or nonprofit corporation is awarded the contract	957
after submitting the lowest and best bid to the board of township	958
trustees.	959

The contract may provide for compensation upon such terms as	960
the parties may agree.	961

Any township wishing to commence providing or wishing to	962
enter into a contract for the first time to furnish or obtain	963
services from nonemergency patient transport service organizations	964
on or after March 1, 1993, including a township in which a private	965
provider has been providing the service, shall demonstrate the	966
need for public funding for the service to, and obtain approval	967
from, the state board of emergency medical, fire, and	968
transportation services or its immediate successor board prior to	969
the establishment of a township-operated or township-funded	970
service.	971

Sec. 505.72. (A) The board of trustees of a joint ambulance	972
district shall provide for the employment of such employees as it	973
considers best, and shall fix their compensation. Such employees	974
shall continue in office until removed as provided by sections	975
733.35 to 733.39 of the Revised Code. To initiate removal	976
proceedings, and for such purpose, the board shall designate a	977
private citizen to investigate the conduct and prepare the	978
necessary charges in conformity with sections 733.35 to 733.39 of	979
the Revised Code. The board may pay reasonable compensation to	980
such person for the person's services.	981

In case of the removal of an employee of the district, an	982
appeal may be had from the decision of the board to the court of	983
common pleas of the county in which such district, or part of it,	984
is situated, to determine the sufficiency of the cause of removal.	985
Such appeal from the findings of the board shall be taken within	986
ten days.	987

(B) As used in this division, "emergency medical service	988
organization" has the same meaning as in section 4765.01 of the	989
Revised Code.	990

(1) In order to obtain the services of ambulance service	991
organizations, to obtain additional services from ambulance	992
service organizations in times of emergency, or to obtain the	993
services of emergency medical service organizations, a district	994
may enter into a contract, for a period not to exceed three years,	995
with one or more townships, municipal corporations, joint fire	996
districts, nonprofit corporations, any other governmental unit	997
that provides ambulance services or emergency medical services, or	998
with private ambulance owners, regardless of whether such	999
townships, municipal corporations, joint fire districts, nonprofit	1000
corporations, governmental unit, or private ambulance owners are	1001
located within or without this state, upon such terms as are	1002
agreed to, to furnish or receive services from ambulance or	1003
emergency medical service organizations or the interchange of	1004
services from ambulance or emergency medical service organizations	1005
within the several territories of the contracting subdivisions, if	1006
such contract is first authorized by all boards of trustees and	1007
legislative authorities concerned.	1008

The contract may provide for a fixed annual charge to be paid	1009
at the times agreed upon and stipulated in the contract, or for	1010
compensation based upon a stipulated price for each run, call, or	1011
emergency, or the elapsed time of service required in such run,	1012
call, or emergency, or any combination thereof.	1013

(2) Expenditures of a district for the services of ambulance	1014
service organizations or emergency medical service organizations,	1015
whether pursuant to contract or otherwise, are lawful	1016
expenditures, regardless of whether the district or the party with	1017
which it contracts charges additional fees to users of the	1018
services.	1019

(3) A district's board of trustees, by adoption of an	1020
appropriate resolution, may choose to have the ~~Ohio~~state board of	1021
emergency medical, fire, and transportation ~~board~~services license	1022
any emergency medical service organization the district operates.	1023
If a board adopts such a resolution, Chapter 4766. of the Revised	1024
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	1025
applies to the district emergency medical service organization.	1026
All rules adopted under the applicable sections of that chapter	1027
also apply to the organization. A board, by adoption of an	1028
appropriate resolution, may remove the district emergency medical	1029
service organization from the jurisdiction of the ~~Ohio~~state board	1030
of emergency medical, fire, and transportation ~~board~~services.	1031

(C) Ambulance services or emergency medical services rendered	1032
for a joint ambulance district under this section and section	1033
505.71 of the Revised Code shall be deemed services of the	1034
district. These sections do not authorize suits against a district	1035
or any township or municipal corporation providing or receiving,	1036
or contracting to provide or receive, such services under these	1037
sections for damages for injury or loss to persons or property or	1038
for wrongful death caused by persons providing such services.	1039

Sec. 718.01. (A) As used in this chapter:

1040

(1) "Adjusted federal taxable income" means a C corporation's	1041
federal taxable income before net operating losses and special	1042
deductions as determined under the Internal Revenue Code, adjusted	1043
as follows:	1044

(a) Deduct intangible income to the extent included in	1045
federal taxable income. The deduction shall be allowed regardless	1046
of whether the intangible income relates to assets used in a trade	1047
or business or assets held for the production of income.	1048

(b) Add an amount equal to five per cent of intangible income	1049
deducted under division (A)(1)(a) of this section, but excluding	1050
that portion of intangible income directly related to the sale,	1051
exchange, or other disposition of property described in section	1052
1221 of the Internal Revenue Code;	1053

(c) Add any losses allowed as a deduction in the computation	1054
of federal taxable income if the losses directly relate to the	1055
sale, exchange, or other disposition of an asset described in	1056
section 1221 or 1231 of the Internal Revenue Code;	1057

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	1058
section, deduct income and gain included in federal taxable income	1059
to the extent the income and gain directly relate to the sale,	1060
exchange, or other disposition of an asset described in section	1061
1221 or 1231 of the Internal Revenue Code;	1062

(ii) Division (A)(1)(d)(i) of this section does not apply to	1063
the extent the income or gain is income or gain described in	1064
section 1245 or 1250 of the Internal Revenue Code.	1065

(e) Add taxes on or measured by net income allowed as a	1066
deduction in the computation of federal taxable income;	1067

(f) In the case of a real estate investment trust and	1068
regulated investment company, add all amounts with respect to	1069
dividends to, distributions to, or amounts set aside for or	1070
credited to the benefit of investors and allowed as a deduction in	1071
the computation of federal taxable income;	1072

(g) Deduct, to the extent not otherwise deducted or excluded	1073
in computing federal taxable income, any income ~~derived from~~	1074
~~providing public services under a contract through a project owned~~	1075
~~by the state, as described in section 126.604 of the Revised Code~~	1076
or derived from a transfer agreement or from the enterprise	1077
transferred under that agreement under section 4313.02 of the	1078
Revised Code.	1079

If the taxpayer is not a C corporation and is not an	1080
individual, the taxpayer shall compute adjusted federal taxable	1081
income as if the taxpayer were a C corporation, except guaranteed	1082
payments and other similar amounts paid or accrued to a partner,	1083
former partner, member, or former member shall not be allowed as a	1084
deductible expense; amounts paid or accrued to a qualified	1085
self-employed retirement plan with respect to an owner or	1086
owner-employee of the taxpayer, amounts paid or accrued to or for	1087
health insurance for an owner or owner-employee, and amounts paid	1088
or accrued to or for life insurance for an owner or owner-employee	1089
shall not be allowed as a deduction.	1090

Nothing in division (A)(1) of this section shall be construed	1091
as allowing the taxpayer to add or deduct any amount more than	1092
once or shall be construed as allowing any taxpayer to deduct any	1093
amount paid to or accrued for purposes of federal self-employment	1094
tax.	1095

Nothing in this chapter shall be construed as limiting or	1096
removing the ability of any municipal corporation to administer,	1097
audit, and enforce the provisions of its municipal income tax.	1098

(2) "Internal Revenue Code" means the Internal Revenue Code	1099
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	1100

(3) "Schedule C" means internal revenue service schedule C	1101
filed by a taxpayer pursuant to the Internal Revenue Code.	1102

(4) "Form 2106" means internal revenue service form 2106	1103
filed by a taxpayer pursuant to the Internal Revenue Code.	1104

(5) "Intangible income" means income of any of the following	1105
types: income yield, interest, capital gains, dividends, or other	1106
income arising from the ownership, sale, exchange, or other	1107
disposition of intangible property including, but not limited to,	1108
investments, deposits, money, or credits as those terms are	1109
defined in Chapter 5701. of the Revised Code, and patents,	1110
copyrights, trademarks, tradenames, investments in real estate	1111
investment trusts, investments in regulated investment companies,	1112
and appreciation on deferred compensation. "Intangible income"	1113
does not include prizes, awards, or other income associated with	1114
any lottery winnings or other similar games of chance.	1115

(6) "S corporation" means a corporation that has made an	1116
election under subchapter S of Chapter 1 of Subtitle A of the	1117
Internal Revenue Code for its taxable year.	1118

(7) For taxable years beginning on or after January 1, 2004,	1119
"net profit" for a taxpayer other than an individual means	1120
adjusted federal taxable income and "net profit" for a taxpayer	1121
who is an individual means the individual's profit required to be	1122
reported on schedule C, schedule E, or schedule F, other than any	1123
amount allowed as a deduction under division (E)(2) or (3) of this	1124
section or amounts described in division (H) of this section.	1125

(8) "Taxpayer" means a person subject to a tax on income	1126
levied by a municipal corporation. Except as provided in division	1127
(L) of this section, "taxpayer" does not include any person that	1128
is a disregarded entity or a qualifying subchapter S subsidiary	1129
for federal income tax purposes, but "taxpayer" includes any other	1130
person who owns the disregarded entity or qualifying subchapter S	1131
subsidiary.	1132

(9) "Taxable year" means the corresponding tax reporting	1133
period as prescribed for the taxpayer under the Internal Revenue	1134
Code.	1135

(10) "Tax administrator" means the individual charged with	1136
direct responsibility for administration of a tax on income levied	1137
by a municipal corporation and includes:	1138

(a) The central collection agency and the regional income tax	1139
agency and their successors in interest, and other entities	1140
organized to perform functions similar to those performed by the	1141
central collection agency and the regional income tax agency;	1142

(b) A municipal corporation acting as the agent of another	1143
municipal corporation; and	1144

(c) Persons retained by a municipal corporation to administer	1145
a tax levied by the municipal corporation, but only if the	1146
municipal corporation does not compensate the person in whole or	1147
in part on a contingency basis.	1148

(11) "Person" includes individuals, firms, companies,	1149
business trusts, estates, trusts, partnerships, limited liability	1150
companies, associations, corporations, governmental entities, and	1151
any other entity.	1152

(12) "Schedule E" means internal revenue service schedule E	1153
filed by a taxpayer pursuant to the Internal Revenue Code.	1154

(13) "Schedule F" means internal revenue service schedule F	1155
filed by a taxpayer pursuant to the Internal Revenue Code.	1156

(B) No municipal corporation shall tax income at other than a	1157
uniform rate.	1158

(C) No municipal corporation shall levy a tax on income at a	1159
rate in excess of one per cent without having obtained the	1160
approval of the excess by a majority of the electors of the	1161
municipality voting on the question at a general, primary, or	1162
special election. The legislative authority of the municipal	1163
corporation shall file with the board of elections at least ninety	1164
days before the day of the election a copy of the ordinance	1165
together with a resolution specifying the date the election is to	1166
be held and directing the board of elections to conduct the	1167
election. The ballot shall be in the following form: "Shall the	1168
Ordinance providing for a ... per cent levy on income for (Brief	1169
description of the purpose of the proposed levy) be passed?	1170

1171

		FOR THE INCOME TAX			1172
		AGAINST THE INCOME TAX	"		1173

1174

In the event of an affirmative vote, the proceeds of the levy	1175
may be used only for the specified purpose.	1176

(D)(1) Except as otherwise provided in this section, no	1177
municipal corporation shall exempt from a tax on income	1178
compensation for personal services of individuals over eighteen	1179
years of age or the net profit from a business or profession.	1180

(2)(a) For taxable years beginning on or after January 1,	1181
2004, no municipal corporation shall tax the net profit from a	1182
business or profession using any base other than the taxpayer's	1183
adjusted federal taxable income.	1184

(b) Division (D)(2)(a) of this section does not apply to any	1185
taxpayer required to file a return under section 5745.03 of the	1186
Revised Code or to the net profit from a sole proprietorship.	1187

(E)(1) The legislative authority of a municipal corporation	1188
may, by ordinance or resolution, exempt from withholding and from	1189
a tax on income the following:	1190

(a) Compensation arising from the sale, exchange, or other	1191
disposition of a stock option, the exercise of a stock option, or	1192
the sale, exchange, or other disposition of stock purchased under	1193
a stock option; or	1194

(b) Compensation attributable to a nonqualified deferred	1195
compensation plan or program described in section 3121(v)(2)(C) of	1196
the Internal Revenue Code.	1197

(2) The legislative authority of a municipal corporation may	1198
adopt an ordinance or resolution that allows a taxpayer who is an	1199
individual to deduct, in computing the taxpayer's municipal income	1200
tax liability, an amount equal to the aggregate amount the	1201
taxpayer paid in cash during the taxable year to a health savings	1202
account of the taxpayer, to the extent the taxpayer is entitled to	1203
deduct that amount on internal revenue service form 1040.	1204

(3) The legislative authority of a municipal corporation may	1205
adopt an ordinance or resolution that allows a taxpayer who has a	1206
net profit from a business or profession that is operated as a	1207
sole proprietorship to deduct from that net profit the amount that	1208
the taxpayer paid during the taxable year for medical care	1209
insurance premiums for the taxpayer, the taxpayer's spouse, and	1210
dependents as defined in section 5747.01 of the Revised Code. The	1211
deduction shall be allowed to the same extent the taxpayer is	1212
entitled to deduct the premiums on internal revenue service form	1213
1040. The deduction allowed under this division shall be net of	1214
any related premium refunds, related premium reimbursements, or	1215
related insurance premium dividends received by the taxpayer	1216
during the taxable year.	1217

(F) If an individual's taxable income includes income against	1218
which the taxpayer has taken a deduction for federal income tax	1219
purposes as reportable on the taxpayer's form 2106, and against	1220
which a like deduction has not been allowed by the municipal	1221
corporation, the municipal corporation shall deduct from the	1222
taxpayer's taxable income an amount equal to the deduction shown	1223
on such form allowable against such income, to the extent not	1224
otherwise so allowed as a deduction by the municipal corporation.	1225

(G)(1) In the case of a taxpayer who has a net profit from a	1226
business or profession that is operated as a sole proprietorship,	1227
no municipal corporation may tax or use as the base for	1228
determining the amount of the net profit that shall be considered	1229
as having a taxable situs in the municipal corporation, an amount	1230
other than the net profit required to be reported by the taxpayer	1231
on schedule C or F from such sole proprietorship for the taxable	1232
year.	1233

(2) In the case of a taxpayer who has a net profit from	1234
rental activity required to be reported on schedule E, no	1235
municipal corporation may tax or use as the base for determining	1236
the amount of the net profit that shall be considered as having a	1237
taxable situs in the municipal corporation, an amount other than	1238
the net profit from rental activities required to be reported by	1239
the taxpayer on schedule E for the taxable year.	1240

(H) A municipal corporation shall not tax any of the	1241
following:	1242

(1) The military pay or allowances of members of the armed	1243
forces of the United States and of members of their reserve	1244
components, including the Ohio national guard;	1245

(2) The income of religious, fraternal, charitable,	1246
scientific, literary, or educational institutions to the extent	1247
that such income is derived from tax-exempt real estate,	1248
tax-exempt tangible or intangible property, or tax-exempt	1249
activities;	1250

(3) Except as otherwise provided in division (I) of this	1251
section, intangible income;	1252

(4) Compensation paid under section 3501.28 or 3501.36 of the	1253
Revised Code to a person serving as a precinct election official,	1254
to the extent that such compensation does not exceed one thousand	1255
dollars annually. Such compensation in excess of one thousand	1256
dollars may be subjected to taxation by a municipal corporation. A	1257
municipal corporation shall not require the payer of such	1258
compensation to withhold any tax from that compensation.	1259

(5) Compensation paid to an employee of a transit authority,	1260
regional transit authority, or regional transit commission created	1261
under Chapter 306. of the Revised Code for operating a transit bus	1262
or other motor vehicle for the authority or commission in or	1263
through the municipal corporation, unless the bus or vehicle is	1264
operated on a regularly scheduled route, the operator is subject	1265
to such a tax by reason of residence or domicile in the municipal	1266
corporation, or the headquarters of the authority or commission is	1267
located within the municipal corporation;	1268

(6) The income of a public utility, when that public utility	1269
is subject to the tax levied under section 5727.24 or 5727.30 of	1270
the Revised Code, except a municipal corporation may tax the	1271
following, subject to Chapter 5745. of the Revised Code:	1272

(a) Beginning January 1, 2002, the income of an electric	1273
company or combined company;	1274

(b) Beginning January 1, 2004, the income of a telephone	1275
company.	1276

As used in division (H)(6) of this section, "combined	1277
company," "electric company," and "telephone company" have the	1278
same meanings as in section 5727.01 of the Revised Code.	1279

(7) On and after January 1, 2003, items excluded from federal	1280
gross income pursuant to section 107 of the Internal Revenue Code;	1281

(8) On and after January 1, 2001, compensation paid to a	1282
nonresident individual to the extent prohibited under section	1283
718.011 of the Revised Code;	1284

(9)(a) Except as provided in division (H)(9)(b) and (c) of	1285
this section, an S corporation shareholder's distributive share of	1286
net profits of the S corporation, other than any part of the	1287
distributive share of net profits that represents wages as defined	1288
in section 3121(a) of the Internal Revenue Code or net earnings	1289
from self-employment as defined in section 1402(a) of the Internal	1290
Revenue Code.	1291

(b) If, pursuant to division (H) of former section 718.01 of	1292
the Revised Code as it existed before March 11, 2004, a majority	1293
of the electors of a municipal corporation voted in favor of the	1294
question at an election held on November 4, 2003, the municipal	1295
corporation may continue after 2002 to tax an S corporation	1296
shareholder's distributive share of net profits of an S	1297
corporation.	1298

(c) If, on December 6, 2002, a municipal corporation was	1299
imposing, assessing, and collecting a tax on an S corporation	1300
shareholder's distributive share of net profits of the S	1301
corporation to the extent the distributive share would be	1302
allocated or apportioned to this state under divisions (B)(1) and	1303
(2) of section 5733.05 of the Revised Code if the S corporation	1304
were a corporation subject to taxes imposed under Chapter 5733. of	1305
the Revised Code, the municipal corporation may continue to impose	1306
the tax on such distributive shares to the extent such shares	1307
would be so allocated or apportioned to this state only until	1308
December 31, 2004, unless a majority of the electors of the	1309
municipal corporation voting on the question of continuing to tax	1310
such shares after that date vote in favor of that question at an	1311
election held November 2, 2004. If a majority of those electors	1312
vote in favor of the question, the municipal corporation may	1313
continue after December 31, 2004, to impose the tax on such	1314
distributive shares only to the extent such shares would be so	1315
allocated or apportioned to this state.	1316

(d) For the purposes of division (D) of section 718.14 of the	1317
Revised Code, a municipal corporation shall be deemed to have	1318
elected to tax S corporation shareholders' distributive shares of	1319
net profits of the S corporation in the hands of the shareholders	1320
if a majority of the electors of a municipal corporation vote in	1321
favor of a question at an election held under division (H)(9)(b)	1322
or (c) of this section. The municipal corporation shall specify by	1323
ordinance or rule that the tax applies to the distributive share	1324
of a shareholder of an S corporation in the hands of the	1325
shareholder of the S corporation.	1326

(10) Employee compensation that is not "qualifying wages" as	1327
defined in section 718.03 of the Revised Code;	1328

(11) Beginning August 1, 2007, compensation paid to a person	1329
employed within the boundaries of a United States air force base	1330
under the jurisdiction of the United States air force that is used	1331
for the housing of members of the United States air force and is a	1332
center for air force operations, unless the person is subject to	1333
taxation because of residence or domicile. If the compensation is	1334
subject to taxation because of residence or domicile, municipal	1335
income tax shall be payable only to the municipal corporation of	1336
residence or domicile.	1337

(I) Any municipal corporation that taxes any type of	1338
intangible income on March 29, 1988, pursuant to Section 3 of	1339
Amended Substitute Senate Bill No. 238 of the 116th general	1340
assembly, may continue to tax that type of income after 1988 if a	1341
majority of the electors of the municipal corporation voting on	1342
the question of whether to permit the taxation of that type of	1343
intangible income after 1988 vote in favor thereof at an election	1344
held on November 8, 1988.	1345

(J) Nothing in this section or section 718.02 of the Revised	1346
Code shall authorize the levy of any tax on income that a	1347
municipal corporation is not authorized to levy under existing	1348
laws or shall require a municipal corporation to allow a deduction	1349
from taxable income for losses incurred from a sole proprietorship	1350
or partnership.	1351

(K)(1) Nothing in this chapter prohibits a municipal	1352
corporation from allowing, by resolution or ordinance, a net	1353
operating loss carryforward.	1354

(2) Nothing in this chapter requires a municipal corporation	1355
to allow a net operating loss carryforward.	1356

(L)(1) A single member limited liability company that is a	1357
disregarded entity for federal tax purposes may elect to be a	1358
separate taxpayer from its single member in all Ohio municipal	1359
corporations in which it either filed as a separate taxpayer or	1360
did not file for its taxable year ending in 2003, if all of the	1361
following conditions are met:	1362

(a) The limited liability company's single member is also a	1363
limited liability company;	1364

(b) The limited liability company and its single member were	1365
formed and doing business in one or more Ohio municipal	1366
corporations for at least five years before January 1, 2004;	1367

(c) Not later than December 31, 2004, the limited liability	1368
company and its single member each make an election to be treated	1369
as a separate taxpayer under division (L) of this section;	1370

(d) The limited liability company was not formed for the	1371
purpose of evading or reducing Ohio municipal corporation income	1372
tax liability of the limited liability company or its single	1373
member;	1374

(e) The Ohio municipal corporation that is the primary place	1375
of business of the sole member of the limited liability company	1376
consents to the election.	1377

(2) For purposes of division (L)(1)(e) of this section, a	1378
municipal corporation is the primary place of business of a	1379
limited liability company if, for the limited liability company's	1380
taxable year ending in 2003, its income tax liability is greater	1381
in that municipal corporation than in any other municipal	1382
corporation in Ohio, and that tax liability to that municipal	1383
corporation for its taxable year ending in 2003 is at least four	1384
hundred thousand dollars.	1385

Sec. 2937.221. (A) A person arrested without warrant for any	1386
violation listed in division (B) of this section, and having a	1387
current valid Ohio driver's or commercial driver's license, if the	1388
person has been notified of the possible consequences of the	1389
person's actions as required by division (C) of this section, may	1390
post bond by depositing the license with the arresting officer if	1391
the officer and person so choose, or with the local court having	1392
jurisdiction if the court and person so choose. The license may be	1393
used as bond only during the period for which it is valid.	1394

When an arresting officer accepts the driver's or commercial	1395
driver's license as bond, the officer shall note the date, time,	1396
and place of the court appearance on "the violator's notice to	1397
appear," and the notice shall serve as a valid Ohio driver's or	1398
commercial driver's license until the date and time appearing	1399
thereon. The arresting officer immediately shall forward the	1400
license to the appropriate court.	1401

When a local court accepts the license as bond or continues	1402
the case to another date and time, it shall provide the person	1403
with a card in a form approved by the registrar of motor vehicles	1404
setting forth the license number, name, address, the date and time	1405
of the court appearance, and a statement that the license is being	1406
held as bond. The card shall serve as a valid license until the	1407
date and time contained in the card.	1408

The court may accept other bond at any time and return the	1409
license to the person. The court shall return the license to the	1410
person when judgment is satisfied, including, but not limited to,	1411
compliance with any court orders, unless a suspension or	1412
cancellation is part of the penalty imposed.	1413

Neither "the violator's notice to appear" nor a court-	1414
granted card shall continue driving privileges beyond the	1415
expiration date of the license.	1416

If the person arrested fails to appear in court at the date	1417
and time set by the court or fails to satisfy the judgment of the	1418
court, including, but not limited to, compliance with all court	1419
orders within the time allowed by the court, the court may declare	1420
the forfeiture of the person's license. Thirty days after the	1421
declaration of the forfeiture, the court shall forward the	1422
person's license to the registrar. The court also shall enter	1423
information relative to the forfeiture on a form approved and	1424
furnished by the registrar and send the form to the registrar. The	1425
registrar shall suspend the person's license and send written	1426
notification of the suspension to the person at the person's last	1427
known address. No valid driver's or commercial driver's license	1428
shall be granted to the person until the court having jurisdiction	1429
orders that the forfeiture be terminated. The court shall inform	1430
the registrar of the termination of the forfeiture by entering	1431
information relative to the termination on a form approved and	1432
furnished by the registrar and sending the form to the registrar.	1433
Upon the termination, the person shall pay to the bureau of motor	1434
vehicles a reinstatement fee of fifteen dollars to cover the costs	1435
of the bureau in administering this section. The registrar shall	1436
deposit the fees so paid into the state bureau of motor vehicles	1437
fund created by section 4501.25 of the Revised Code.	1438

In addition, upon receipt from the court of the copy of the	1439
declaration of forfeiture, neither the registrar nor any deputy	1440
registrar shall accept any application for the registration or	1441
transfer of registration of any motor vehicle owned by or leased	1442
in the name of the person named in the declaration of forfeiture	1443
until the court having jurisdiction over the offense that led to	1444
the suspension issues an order terminating the forfeiture.	1445
However, for a motor vehicle leased in the name of a person named	1446
in a declaration of forfeiture, the registrar shall not implement	1447
the preceding sentence until the registrar adopts procedures for	1448
that implementation under section 4503.39 of the Revised Code.	1449
Upon receipt by the registrar of such an order, the registrar also	1450
shall take the measures necessary to permit the person to register	1451
a motor vehicle the person owns or leases or to transfer the	1452
registration of a motor vehicle the person owns or leases if the	1453
person later makes a proper application and otherwise is eligible	1454
to be issued or to transfer a motor vehicle registration.	1455

(B) Division (A) of this section applies to persons arrested	1456
for violation of:	1457

(1) Any of the provisions of Chapter 4511. or 4513. of the	1458
Revised Code, except sections 4511.19, 4511.20, 4511.251, and	1459
4513.36 of the Revised Code;	1460

(2) Any municipal ordinance substantially similar to a	1461
section included in division (B)(1) of this section;	1462

(3) Any bylaw, rule, or regulation of the Ohio turnpike and	1463
infrastructure commission substantially similar to a section	1464
included in division (B)(1) of this section.	1465

Division (A) of this section does not apply to those persons	1466
issued a citation for the commission of a minor misdemeanor under	1467
section 2935.26 of the Revised Code.	1468

(C) No license shall be accepted as bond by an arresting	1469
officer or by a court under this section until the officer or	1470
court has notified the person that, if the person deposits the	1471
license with the officer or court and either does not appear on	1472
the date and at the time set by the officer or the court, if the	1473
court sets a time, or does not satisfy any judgment rendered,	1474
including, but not limited to, compliance with all court orders,	1475
the license will be suspended, and the person will not be eligible	1476
for reissuance of the license or issuance of a new license, or the	1477
issuance of a certificate of registration for a motor vehicle	1478
owned or leased by the person until the person appears and	1479
complies with any order issued by the court. The person also is	1480
subject to any criminal penalties that may apply to the person.	1481

(D) The registrar shall not restore the person's driving or	1482
vehicle registration privileges until the person pays the	1483
reinstatement fee as provided in this section.	1484

Sec. 3354.13. The ownership of a community college created	1485
and established pursuant to provisions of sections 3354.02 and	1486
3354.04 of the Revised Code, including all right, title, and	1487
interest in and to all property, both real and personal,	1488
pertaining thereto, shall be vested in the board of trustees of	1489
the community college district in which such college is situated,	1490
except as may be provided in a contract entered into under the	1491
authority of division (A) of section 3354.09 of the Revised Code.	1492
The board may acquire by appropriation any land, rights, rights of	1493
way, franchises, easements, or other property necessary or proper	1494
for the construction or the efficient operation of any facility of	1495
the community college district, pursuant to the procedure provided	1496
in section 5537.06 of the Revised Code, with respect to the Ohio	1497
turnpike and infrastructure commission, and insofar as such	1498
procedure is applicable.	1499

Any instrument by which real property is acquired pursuant to	1500
this section shall identify the agency of the state that has the	1501
use and benefit of the real property as specified in section	1502
5301.012 of the Revised Code.	1503

Sec. 3355.10. The ownership of the university branch campus,	1504
created and established pursuant to sections 3355.01 to 3355.14 of	1505
the Revised Code, including all right, title, and interest in and	1506
to all property, both real and personal, pertaining thereto, shall	1507
be vested in the managing authority of the university branch	1508
district. The board may acquire by appropriation any land, rights,	1509
rights of way, franchises, easements, or other property necessary	1510
or proper for the construction or the efficient operation of any	1511
facility of the university branch district, pursuant to section	1512
5537.06 of the Revised Code, with respect to the Ohio turnpike and	1513
infrastructure commission, and insofar as such procedure is	1514
applicable.	1515

University branch district bonds, issued pursuant to section	1516
3355.08 of the Revised Code, are lawful investments of banks,	1517
savings banks, trust companies, trustees, boards of trustees of	1518
sinking funds of municipal corporations, school districts,	1519
counties, the administrator of workers' compensation, the state	1520
teachers retirement system, the public employees retirement	1521
system, and the school employees retirement system, and also are	1522
acceptable as security for the deposit of public moneys.	1523

Any instrument by which real property is acquired pursuant to	1524
this section shall identify the agency of the state that has the	1525
use and benefit of the real property as specified in section	1526
5301.012 of the Revised Code.	1527

Sec. 3357.12. The ownership of a technical college, created	1528
and established pursuant to section 3357.07 of the Revised Code,	1529
including all right, title, and interest in and to all property,	1530
both real and personal, pertaining thereto, shall be vested in the	1531
board of trustees of the technical college district in which such	1532
college is situated. The board may acquire by appropriation any	1533
land, rights, rights-of-way, franchises, easements, or other	1534
property necessary or proper for the construction or the efficient	1535
operation of any facility of the technical college district,	1536
pursuant to the procedure provided in section 5537.06 of the	1537
Revised Code, with respect to the Ohio turnpike and infrastructure	1538
commission, and insofar as such procedure is applicable.	1539

Any instrument by which real property is acquired pursuant to	1540
this section shall identify the agency of the state that has the	1541
use and benefit of the real property as specified in section	1542
5301.012 of the Revised Code.	1543

Sec. 3705.242. (A)(1) The director of health, a person	1544
authorized by the director, a local commissioner of health, or a	1545
local registrar of vital statistics shall charge and collect a fee	1546
of one dollar and fifty cents for each certified copy of a birth	1547
record, each certification of birth, and each copy of a death	1548
record. The fee is in addition to the fee imposed by section	1549
3705.24 or any other section of the Revised Code. A local	1550
commissioner of health or local registrar of vital statistics may	1551
retain an amount of each additional fee collected, not to exceed	1552
three per cent of the amount of the additional fee, to be used for	1553
costs directly related to the collection of the fee and the	1554
forwarding of the fee to the department of health.	1555

The additional fees collected by the director of health or a	1556
person authorized by the director and the additional fees	1557
collected but not retained by a local commissioner of health or a	1558
local registrar of vital statistics shall be forwarded to the	1559
department of health not later than thirty days following the end	1560
of each quarter. Not later than two days after the fees are	1561
forwarded to the department each quarter, the department shall pay	1562
the collected fees to the treasurer of state in accordance with	1563
rules adopted by the treasurer of state under section 113.08 of	1564
the Revised Code.	1565

(2) On the filing of a divorce decree under section 3105.10	1566
or a decree of dissolution under section 3105.65 of the Revised	1567
Code, a court of common pleas shall charge and collect a fee of	1568
five dollars and fifty cents. The fee is in addition to any other	1569
court costs or fees. The county clerk of courts may retain an	1570
amount of each additional fee collected, not to exceed three per	1571
cent of the amount of the additional fee, to be used for costs	1572
directly related to the collection of the fee and the forwarding	1573
of the fee to the treasurer of state. The additional fees	1574
collected, but not retained, under division (A)(2) of this section	1575
shall be forwarded to the treasurer of state not later than twenty	1576
days following the end of each month.	1577

(B) The treasurer of state shall deposit the fees paid or	1578
forwarded under this section in the state treasury to the credit	1579
of the family violence prevention fund, which is hereby created. A	1580
person or government entity that fails to pay or forward the fees	1581
in ~~a timely~~the manner~~, as determined by the treasurer of state~~	1582
described in this section, shall send to the ~~treasurer of state,~~	1583
~~in addition to the fees,~~department of public safety a penalty	1584
equal to ten per cent of the fees. The department of public safety	1585
shall forward all collected late fees to the treasurer of state	1586
for deposit into the family violence prevention fund in accordance	1587
with rules adopted by the treasurer of state under section 113.08	1588
of the Revised Code.	1589

The treasurer of state shall invest the moneys in the fund.	1590
All earnings resulting from investment of the fund shall be	1591
credited to the fund, except that actual administration costs	1592
incurred by the treasurer of state in administering the fund may	1593
be deducted from the earnings resulting from investments. The	1594
amount that may be deducted shall not exceed three per cent of the	1595
total amount of fees credited to the fund in each fiscal year. The	1596
balance of the investment earnings shall be credited to the fund.	1597

(C) The director of public safety shall use money credited to	1598
the fund to provide grants to family violence shelters in Ohio and	1599
to operate the division of criminal justice services.	1600

Sec. 4501.03. The registrar of motor vehicles shall open an	1601
account with each county and district of registration in the	1602
state, and may assign each county and district of registration in	1603
the state a unique code for identification purposes. Except as	1604
provided in section 4501.044 or division (A)(1) of section	1605
4501.045 of the Revised Code, the registrar shall pay all moneys	1606
the registrar receives under sections 4503.02,and 4503.12~~, and~~	1607
~~4504.09~~ of the Revised Code into the state treasury to the credit	1608
of the auto registration distribution fund, which is hereby	1609
created, for distribution in the manner provided for in this	1610
section and ~~sections~~section 4501.04~~, 4501.041, 4501.042, and~~	1611
~~4501.043~~ of the Revised Code. All other moneys received by the	1612
registrar shall be deposited in the state bureau of motor vehicles	1613
fund established in section 4501.25 of the Revised Code for the	1614
purposes enumerated in that section, unless otherwise provided by	1615
law.	1616

All moneys credited to the auto registration distribution	1617
fund shall be distributed to the counties and districts of	1618
registration, ~~except for funds received by the registrar under~~	1619
~~section 4504.09 of the Revised Code,~~ after receipt of	1620
certifications from the commissioners of the sinking fund	1621
certifying, as required by sections 5528.15 and 5528.35 of the	1622
Revised Code, that there are sufficient moneys to the credit of	1623
the highway improvement bond retirement fund created by section	1624
5528.12 of the Revised Code to meet in full all payments of	1625
interest, principal, and charges for the retirement of bonds and	1626
other obligations issued pursuant to Section 2g of Article VIII,	1627
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	1628
Code due and payable during the current calendar year, and that	1629
there are sufficient moneys to the credit of the highway	1630
obligations bond retirement fund created by section 5528.32 of the	1631
Revised Code to meet in full all payments of interest, principal,	1632
and charges for the retirement of highway obligations issued	1633
pursuant to Section 2i of Article VIII, Ohio Constitution, and	1634
sections 5528.30 and 5528.31 of the Revised Code due and payable	1635
during the current calendar year, in the manner provided in	1636
section 4501.04 of the Revised Code.	1637

The treasurer of state may invest any portion of the moneys	1638
credited to the auto registration distribution fund, in the same	1639
manner and subject to all the laws with respect to the investment	1640
of state funds by the treasurer of state, and all investment	1641
earnings of the fund shall be credited to the fund.	1642

Once each month the registrar shall prepare vouchers in favor	1643
of the county auditor of each county for the amount of the tax	1644
collection pursuant to sections 4503.02 and 4503.12 of the Revised	1645
Code apportioned to the county and to the districts of	1646
registration located wholly or in part in the county auditor's	1647
county. The county auditor shall distribute the proceeds of the	1648
tax collections due the county and the districts of registration	1649
in the manner provided in section 4501.04 of the Revised Code.	1650

~~Once each month the registrar also shall prepare vouchers in~~	1651
~~favor of the county auditor of each county levying a county motor~~	1652
~~vehicle license tax pursuant to section 4504.02, 4504.15, or~~	1653
~~4504.16 of the Revised Code and of each county in which is located~~	1654
~~one or more townships levying a township motor vehicle license tax~~	1655
~~pursuant to section 4504.18 of the Revised Code for the amount of~~	1656
~~the tax due the county or townships in the county.~~	1657

All moneys received by the registrar under sections 4503.02,	1658
and 4503.12~~, and 4504.09~~ of the Revised Code shall be distributed	1659
to counties, townships, and municipal corporations within thirty	1660
days of the expiration of the registration year, except that a sum	1661
equal to five per cent of the total amount received under sections	1662
4503.02 and 4503.12 of the Revised Code may be reserved to make	1663
final adjustments in accordance with the formula for distribution	1664
set forth in section 4501.04 of the Revised Code. If amounts set	1665
aside to make the adjustments are inadequate, necessary	1666
adjustments shall be made immediately out of funds available for	1667
distribution for the following two registration years.	1668

Sec. 4501.031. All moneys received under section 4504.09 of	1669
the Revised Code shall be paid into the state treasury to the	1670
credit of the local motor vehicle license tax fund, which is	1671
hereby created, for distribution in the manner provided for in	1672
this chapter. The treasurer of state may invest any portion of the	1673
moneys credited to the fund in the same manner and subject to all	1674
the laws governing the investment of state funds by the treasurer	1675
of state. All investment earnings of the fund shall be credited to	1676
the fund.	1677

The registrar of motor vehicles shall open an account with	1678
each county and district of registration in the state, and may	1679
assign each county and district a code for identification	1680
purposes. The code for a county or district may be the same as the	1681
code assigned to the county or district by the registrar under	1682
section 4501.03 of the Revised Code.	1683

Once each month the registrar shall prepare vouchers in favor	1684
of the county auditor of each county levying a county motor	1685
vehicle license tax pursuant to section 4504.02, 4504.15, or	1686
4504.16 of the Revised Code and of each county in which is located	1687
one or more townships levying a township motor vehicle license tax	1688
pursuant to section 4504.18 of the Revised Code for the amount of	1689
the tax due the county or townships in the county.	1690

All moneys received by the registrar under section 4504.09 of	1691
the Revised Code shall be distributed to counties, townships, and	1692
municipal corporations within thirty days of the expiration of the	1693
registration year. Necessary adjustments shall be made immediately	1694
out of funds available for distribution for the following two	1695
registration years.	1696

Sec. 4501.04. All moneys paid into the auto registration	1697
distribution fund under section 4501.03 of the Revised Code,	1698
except ~~moneys received under section 4504.09 of the Revised Code~~	1699
~~and~~ moneys that consist of the portion of motorcycle registration	1700
fees received under section 4503.02 of the Revised Code in	1701
~~accordance with~~that are deposited in the state highway safety	1702
fund under section ~~4501.13~~4501.06 of the Revised Code, and except	1703
moneys paid for costs of audits under section 4501.03 of the	1704
Revised Code, after receipt by the treasurer of state of	1705
certifications from the commissioners of the sinking fund	1706
certifying, as required by sections 5528.15 and 5528.35 of the	1707
Revised Code, that there are sufficient moneys to the credit of	1708
the highway improvement bond retirement fund created by section	1709
5528.12 of the Revised Code to meet in full all payments of	1710
interest, principal, and charges for the retirement of bonds and	1711
other obligations issued pursuant to Section 2g of Article VIII,	1712
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	1713
Code, due and payable during the current calendar year, and that	1714
there are sufficient moneys to the credit of the highway	1715
obligations bond retirement fund created by section 5528.32 of the	1716
Revised Code to meet in full all payments of interest, principal,	1717
and charges for the retirement of highway obligations issued	1718
pursuant to Section 2i of Article VIII, Ohio Constitution, and	1719
sections 5528.30 and 5528.31 of the Revised Code due and payable	1720
during the current calendar year, shall be distributed as follows:	1721

(A) Thirty-four per cent of all such moneys are for the use	1722
of the municipal corporation or county which constitutes the	1723
district of registration. The portion of such money due to the	1724
municipal corporation shall be paid into its treasury forthwith	1725
upon receipt by the county auditor, and shall be used to plan,	1726
construct, reconstruct, repave, widen, maintain, repair, clear,	1727
and clean public highways, roads, and streets; to maintain and	1728
repair bridges and viaducts; to purchase, erect, and maintain	1729
street and traffic signs and markers; to purchase, erect, and	1730
maintain traffic lights and signals; to pay the principal,	1731
interest, and charges on bonds and other obligations issued	1732
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1733
to section 5531.09 of the Revised Code for the purpose of	1734
acquiring or constructing roads, highways, bridges, or viaducts,	1735
or acquiring or making other highway improvements for which the	1736
municipal corporation may issue bonds; and to supplement revenue	1737
already available for such purposes.	1738

The county portion of such funds shall be retained in the	1739
county treasury and shall be used for the planning, maintenance,	1740
repair, construction, and repaving of public streets, and	1741
maintaining and repairing bridges and viaducts; the payment of	1742
principal, interest, and charges on bonds and other obligations	1743
issued pursuant to Chapter 133. of the Revised Code or incurred	1744
pursuant to section 5531.09 of the Revised Code for the purpose of	1745
acquiring or constructing roads, highways, bridges, or viaducts or	1746
acquiring or making other highway improvements for which the board	1747
of county commissioners may issue bonds under such chapter; and	1748
for no other purpose.	1749

(B) Five per cent of all such moneys, together with interest	1750
earned by the treasurer of state as provided in section 4501.03 of	1751
the Revised Code, shall constitute a fund for the use of the	1752
several counties for the purposes specified in division (C) of	1753
this section. The moneys shall be divided equally among all the	1754
counties in the state and shall be paid out by the registrar of	1755
motor vehicles in equal proportions to the county auditor of each	1756
county within the state.	1757

(C) Forty-seven per cent of all such moneys shall be for the	1758
use of the county in which the owner resides or in which the place	1759
is located at which the established business or branch business in	1760
connection with which the motor vehicle registered is used, for	1761
the planning, construction, reconstruction, improvement,	1762
maintenance, and repair of roads and highways; maintaining and	1763
repairing bridges and viaducts; and the payment of principal,	1764
interest, and charges on bonds and other obligations issued	1765
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1766
to section 5531.09 of the Revised Code for the purpose of	1767
acquiring or constructing roads, highways, bridges, or viaducts or	1768
acquiring or making other highway improvements for which the board	1769
of county commissioners may issue bonds under such chapter.	1770

(D) Nine per cent of all such moneys shall be for the use of	1771
the several counties for the purposes specified in division (C) of	1772
this section and shall be distributed to the several counties in	1773
the ratio which the total number of miles of county roads under	1774
the jurisdiction of each board of county commissioners in each	1775
county bears to the total number of miles of county roads in the	1776
state, as determined by the director of transportation. Before	1777
such distribution is made each board of county commissioners shall	1778
certify in writing to the director the actual number of miles	1779
under its statutory jurisdiction which are used by and maintained	1780
for the public.	1781

(E) Five per cent of all such moneys shall be for the use of	1782
the several townships and shall be distributed to the several	1783
townships in the ratio which the total number of miles of township	1784
roads under the jurisdiction of each board of township trustees in	1785
each township bears to the total number of miles of township roads	1786
in the state, as determined by the director of transportation.	1787
Before such distribution is made each board of township trustees	1788
shall certify in writing to the director the actual number of	1789
miles under its statutory jurisdiction which are used by and	1790
maintained for the public.	1791

Sec. 4501.041. Except as provided in section 4501.042 of the	1792
Revised Code, all moneys received under section 4504.09 of the	1793
Revised Code with respect to counties levying county motor vehicle	1794
license taxes pursuant to section 4504.02, 4504.15, or 4504.16 of	1795
the Revised Code and paid into the state treasury under section	1796
~~4501.03~~4501.031 of the Revised Code shall be distributed to the	1797
respective counties levying such taxes for allocation and	1798
distribution as provided in section 4504.05 of the Revised Code.	1799

Sec. 4501.042. All moneys received under section 4504.09 of	1800
the Revised Code from municipal motor vehicle license taxes levied	1801
pursuant to section 4504.06, 4504.17, 4504.171, or 4504.172 of the	1802
Revised Code, and any part of the moneys received from county	1803
motor vehicle license taxes levied pursuant to section 4504.15 of	1804
the Revised Code which is to be distributed to municipal	1805
corporations, shall be paid ~~directly~~ into the state treasury to	1806
the credit of the local motor vehicle license tax fund created	1807
under section 4501.031 of the Revised Code and shall be	1808
distributed to the treasuries of the municipal corporations	1809
levying or entitled to such tax moneys.	1810

Sec. 4501.043. All moneys received under section 4504.09 of	1811
the Revised Code with respect to townships levying township	1812
license taxes pursuant to section 4504.18 of the Revised Code and	1813
paid into the state treasury under section ~~4501.03~~4501.031 of the	1814
Revised Code shall be distributed to the respective townships	1815
levying such taxes for allocation and distribution as provided in	1816
section 4504.19 of the Revised Code.	1817

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	1818
referred to in division (O) of section 4503.04, division (E) of	1819
section 4503.042, division (B) of section 4503.07, division (C)(1)	1820
of section 4503.10, division (D) of section 4503.182, division (A)	1821
of section 4503.19, division (D)(2) of section 4507.24, division	1822
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	1823
4505.111, 4506.08, ~~4506.09,~~ 4507.23, 4508.05, 4513.53, and 5502.12	1824
of the Revised Code, and six dollars of each motorcycle	1825
registration fee designated for payment to the registrar of motor	1826
vehicles in section 4503.04 of the Revised Code, and the taxes	1827
charged in section 4503.65 that are distributed in accordance with	1828
division (A)(2) of section 4501.044 of the Revised Code unless	1829
otherwise designated by law, shall be deposited in the state	1830
treasury to the credit of the state highway safety fund, which is	1831
hereby created~~, and~~. Money credited to the fund shall, after	1832
receipt of certifications from the commissioners of the sinking	1833
fund certifying that there are sufficient moneys to the credit of	1834
the highway obligations bond retirement fund created by section	1835
5528.32 of the Revised Code to meet in full all payments of	1836
interest, principal, and charges for the retirement of highway	1837
obligations issued pursuant to Section 2i of Article VIII, Ohio	1838
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	1839
due and payable during the current calendar year, be used for the	1840
purpose of enforcing and paying the expenses of administering the	1841
law relative to the registration and operation of motor vehicles	1842
on the public roads or highways and for conducting motorcycle	1843
safety and education instruction. Amounts credited to the fund may	1844
also be used to pay the expenses of administering and enforcing	1845
the laws under which such fees were collected. All investment	1846
earnings of the state highway safety fund shall be credited to the	1847
fund.	1848

Sec. 4503.42. For each registration renewal with an	1849
expiration date before October 1, 2009, and for each initial	1850
application for registration received before that date the	1851
registrar of motor vehicles shall be allowed a fee not to exceed	1852
thirty-five dollars, and for each registration renewal with an	1853
expiration date on or after October 1, 2009, and for each initial	1854
application for registration received on or after that date the	1855
registrar shall be allowed a fee of fifty dollars, which shall be	1856
in addition to the regular license fee for tags as prescribed	1857
under section 4503.04 of the Revised Code and any tax levied under	1858
~~section 4504.02 or 4504.06~~Chapter 4504. of the Revised Code, for	1859
each application received by the registrar for special reserved	1860
license plate numbers containing more than three letters or	1861
numerals, and the issuing of such licenses and validation stickers	1862
in the several series as the registrar may designate. Five dollars	1863
of the fee shall be for the purpose of compensating the bureau of	1864
motor vehicles for additional services required in the issuing of	1865
such licenses and validation stickers, and the remaining portion	1866
of the fee shall be deposited by the registrar into the state	1867
treasury to the credit of the state highway safety fund created by	1868
section 4501.06 of the Revised Code.	1869

This section does not apply to the issuance of reserved	1870
license plates as authorized by sections 4503.14, 4503.15, and	1871
4503.40 of the Revised Code. The types of motor vehicles for which	1872
license plate numbers containing more than three letters or	1873
numerals may be issued in accordance with this section shall	1874
include at least buses, passenger cars, and noncommercial motor	1875
vehicles.	1876

Sec. 4503.45. An owner of a collector's vehicle, upon	1877
complying with the motor vehicle laws relating to registration and	1878
licensing of motor vehicles, and upon payment of the regular	1879
license fee as prescribed under section 4503.04 of the Revised	1880
Code and any tax levied under ~~section 4504.02 or 4504.06~~Chapter	1881
4504. of the Revised Code, and the payment of an additional fee of	1882
five dollars, which shall be for the purpose of compensating the	1883
bureau of motor vehicles for additional services required in the	1884
issuing of such licenses, shall be issued validation stickers and	1885
license plates, or validation stickers alone when required by	1886
section 4503.191 of the Revised Code, upon which, in addition to	1887
the letters and numbers ordinarily inscribed thereon, shall be	1888
inscribed the words "collector's vehicle."	1889

Sec. 4503.49. (A) As used in this section, "ambulance,"	1890
"ambulette," "emergency medical service organization,"	1891
"nonemergency medical service organization," and "nontransport	1892
vehicle" have the same meanings as in section 4766.01 of the	1893
Revised Code.	1894

(B) Each private emergency medical service organization and	1895
each private nonemergency medical service organization shall apply	1896
to the registrar of motor vehicles for the registration of any	1897
ambulance, ambulette, or nontransport vehicle it owns or leases.	1898
The application shall be accompanied by a copy of the certificate	1899
of licensure issued to the organization by the ~~Ohio~~state board of	1900
emergency medical, fire, and transportation ~~board~~services and the	1901
following fees:	1902

(1) The regular license tax as prescribed under section	1903
4503.04 of the Revised Code;	1904

(2) Any local license tax levied under Chapter 4504. of the	1905
Revised Code;	1906

(3) An additional fee of seven dollars and fifty cents. The	1907
additional fee shall be for the purpose of compensating the bureau	1908
of motor vehicles for additional services required to be performed	1909
under this section and shall be transmitted by the registrar to	1910
the treasurer of state for deposit in the state bureau of motor	1911
vehicles fund created by section 4501.25 of the Revised Code.	1912

(C) On receipt of a complete application, the registrar shall	1913
issue to the applicant the appropriate certificate of registration	1914
for the vehicle and do one of the following:	1915

(1) Issue a set of license plates with a validation sticker	1916
and a set of stickers to be attached to the plates as an	1917
identification of the vehicle's classification as an ambulance,	1918
ambulette, or nontransport vehicle;	1919

(2) Issue a validation sticker alone when so required by	1920
section 4503.191 of the Revised Code.	1921

Sec. 4504.19. Upon receipt by ~~him~~the county auditor of	1922
moneys pursuant to section 4501.043 of the Revised Code, the	1923
county auditor shall pay into the treasury of each township in the	1924
county levying a township motor vehicle license tax the portion of	1925
such money due the township as shown by the certificate of the	1926
registrar of motor vehicles prepared pursuant to section ~~4501.03~~	1927
4501.031 of the Revised Code. The money shall be used by the	1928
township only for the purposes described in section 4504.18 of the	1929
Revised Code.	1930

Sec. 4504.21. (A) For the purpose of paying the costs and	1931
expenses of enforcing and administering the tax provided for in	1932
this section; for planning, constructing, reconstructing,	1933
improving, maintaining, and repairing roads, bridges, and	1934
culverts; for purchasing, erecting, and maintaining traffic signs,	1935
markers, lights, and signals; for paying debt service charges on	1936
obligations issued for those purposes; and to supplement revenue	1937
already available for those purposes, a transportation improvement	1938
district created in accordance with section 5540.02 of the Revised	1939
Code may levy an annual license tax upon the operation of motor	1940
vehicles on the public roads and highways in the territory of the	1941
district. The tax shall be levied in increments of five dollars	1942
and shall not exceed twenty dollars per motor vehicle on all motor	1943
vehicles the owners of which reside in the district and shall be	1944
in addition to all other taxes levied under this chapter, subject	1945
to reduction in the manner provided in division (B)(2) of section	1946
4503.11 of the Revised Code. The tax may be levied in all or part	1947
of the territory of the district.	1948

(B) The board of trustees of a transportation improvement	1949
district proposing to levy a motor vehicle license tax under this	1950
section shall put the question of the tax to the electors of the	1951
district or of that part of the district in which the tax would be	1952
levied. The election shall be held on the date of a primary or	1953
general election held not less than ninety days after the board of	1954
trustees certifies to the county board of elections its resolution	1955
proposing the tax. The resolution shall specify the rate of the	1956
tax. The board of elections shall submit the question of the tax	1957
to the electors at the primary or general election. The secretary	1958
of state shall prescribe the form of the ballot for the election.	1959
If approved by a majority of the electors voting on the question	1960
of the tax, the board of trustees shall levy the tax as provided	1961
in the resolution.	1962

(C) A transportation improvement district license tax levied	1963
under this section shall continue in effect until repealed, or	1964
until the dissolution of the transportation improvement district	1965
that levied it.	1966

(D) Money received by the registrar of motor vehicles	1967
pursuant to ~~sections 4501.03 and~~section 4504.09 of the Revised	1968
Code that consists of the taxes levied under this section shall be	1969
deposited in the ~~auto registration distribution~~local motor	1970
vehicle license tax fund created by section ~~4501.03~~4501.031 of	1971
the Revised Code and distributed to the transportation improvement	1972
district levying such tax. The registrar may assign to the	1973
transportation improvement district a unique code to facilitate	1974
the distribution of such money, which may be the same unique code	1975
assigned to a county under section 4501.03 of the Revised Code.	1976

Sec. 4506.08. (A)(1) Each application for a commercial	1977
driver's license temporary instruction permit shall be accompanied	1978
by a fee of ten dollars. Each application for a commercial	1979
driver's license, restricted commercial driver's license, renewal	1980
of such a license, or waiver for farm-related service industries	1981
shall be accompanied by a fee of twenty-five dollars, except that	1982
an application for a commercial driver's license or restricted	1983
commercial driver's license received pursuant to division (A)(3)	1984
of section 4506.14 of the Revised Code shall be accompanied by a	1985
fee of eighteen dollars and seventy-five cents if the license will	1986
expire on the licensee's birthday three years after the date of	1987
issuance, a fee of twelve dollars and fifty cents if the license	1988
will expire on the licensee's birthday two years after the date of	1989
issuance, and a fee of six dollars and twenty-five cents if the	1990
license will expire on the licensee's birthday one year after the	1991
date of issuance. Each application for a duplicate commercial	1992
driver's license shall be accompanied by a fee of ten dollars.	1993

(2) In addition, the registrar of motor vehicles or deputy	1994
registrar may collect and retain an additional fee of no more than	1995
three dollars and fifty cents for each application for a	1996
commercial driver's license temporary instruction permit,	1997
commercial driver's license, renewal of a commercial driver's	1998
license, or duplicate commercial driver's license received by the	1999
registrar or deputy.	2000

(B) In addition to the fees imposed under division (A) of	2001
this section, the registrar of motor vehicles or deputy registrar	2002
shall collect a fee of twelve dollars for each application for a	2003
commercial driver's license temporary instruction permit,	2004
commercial driver's license, or duplicate commercial driver's	2005
license and for each application for renewal of a commercial	2006
driver's license. The additional fee is for the purpose of	2007
defraying the department of public safety's costs associated with	2008
the administration and enforcement of the motor vehicle and	2009
traffic laws of Ohio.	2010

(C) Each deputy registrar shall transmit the fees collected	2011
under divisions (A)(1) and (B) of this section in the time and	2012
manner prescribed by the registrar. The registrar shall deposit	2013
all moneys ~~received~~collected under division ~~(C)~~(A)(1) of this	2014
section into the state ~~highway safety~~bureau of motor vehicles	2015
fund established in section ~~4501.06~~4501.25 of the Revised Code.	2016
The registrar shall deposit all moneys collected under division	2017
(B) of this section into the state highway safety fund established	2018
in section 4501.06 of the Revised Code.	2019

(D) Information regarding the driving record of any person	2020
holding a commercial driver's license issued by this state shall	2021
be furnished by the registrar, upon request and payment of a fee	2022
of five dollars, to the employer or prospective employer of such a	2023
person and to any insurer.	2024

Of each five-dollar fee the registrar collects under this	2025
division, the registrar shall pay two dollars into the state	2026
treasury to the credit of the state bureau of motor vehicles fund	2027
established in section 4501.25 of the Revised Code, sixty cents	2028
into the state treasury to the credit of the trauma and emergency	2029
medical services fund established in section 4513.263 of the	2030
Revised Code, sixty cents into the state treasury to the credit of	2031
the homeland security fund established in section 5502.03 of the	2032
Revised Code, thirty cents into the state treasury to the credit	2033
of the investigations fund established in section 5502.131 of the	2034
Revised Code, one dollar and twenty-five cents into the state	2035
treasury to the credit of the emergency management agency service	2036
and reimbursement fund established in section 5502.39 of the	2037
Revised Code, and twenty-five cents into the state treasury to the	2038
credit of the justice program services fund established in section	2039
5502.67 of the Revised Code.	2040

Sec. 4506.09. (A) The registrar of motor vehicles, subject	2041
to approval by the director of public safety, shall adopt rules	2042
conforming with applicable standards adopted by the federal motor	2043
carrier safety administration as regulations under Pub. L. No.	2044
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	2045
31317. The rules shall establish requirements for the	2046
qualification and testing of persons applying for a commercial	2047
driver's license, which shall be in addition to other requirements	2048
established by this chapter. Except as provided in division (B) of	2049
this section, the highway patrol or any other employee of the	2050
department of public safety the registrar authorizes shall	2051
supervise and conduct the testing of persons applying for a	2052
commercial driver's license.	2053

(B) The director may adopt rules, in accordance with Chapter	2054
119. of the Revised Code and applicable requirements of the	2055
federal motor carrier safety administration, authorizing the	2056
skills test specified in this section to be administered by any	2057
person, by an agency of this or another state, or by an agency,	2058
department, or instrumentality of local government. Each party	2059
authorized under this division to administer the skills test may	2060
charge a maximum divisible fee of eighty-five dollars for each	2061
skills test given as part of a commercial driver's license	2062
examination. The fee shall consist of not more than twenty dollars	2063
for the pre-trip inspection portion of the test, not more than	2064
twenty dollars for the off-road maneuvering portion of the test,	2065
and not more than forty-five dollars for the on-road portion of	2066
the test. Each such party may require an appointment fee in the	2067
same manner provided in division (F)(2) of this section, except	2068
that the maximum amount such a party may require as an appointment	2069
fee is eighty-five dollars. The skills test administered by	2070
another party under this division shall be the same as otherwise	2071
would be administered by this state. The other party shall enter	2072
into an agreement with the director that, without limitation, does	2073
all of the following:	2074

(1) Allows the director or the director's representative and	2075
the federal motor carrier safety administration or its	2076
representative to conduct random examinations, inspections, and	2077
audits of the other party without prior notice;	2078

(2) Requires the director or the director's representative to	2079
conduct on-site inspections of the other party at least annually;	2080

(3) Requires that all examiners of the other party meet the	2081
same qualification and training standards as examiners of the	2082
department of public safety, to the extent necessary to conduct	2083
skills tests in the manner required by 49 C.F.R. 383.110 through	2084
383.135;	2085

(4) Requires either that state employees take, at least	2086
annually and as though the employees were test applicants, the	2087
tests actually administered by the other party, that the director	2088
test a sample of drivers who were examined by the other party to	2089
compare the test results, or that state employees accompany a test	2090
applicant during an actual test;	2091

(5) Reserves to this state the right to take prompt and	2092
appropriate remedial action against testers of the other party if	2093
the other party fails to comply with standards of this state or	2094
federal standards for the testing program or with any other terms	2095
of the contract.	2096

(C) The director shall enter into an agreement with the	2097
department of education authorizing the skills test specified in	2098
this section to be administered by the department at any location	2099
operated by the department for purposes of training and testing	2100
school bus drivers, provided that the agreement between the	2101
director and the department complies with the requirements of	2102
division (B) of this section. Skills tests administered by the	2103
department shall be limited to persons applying for a commercial	2104
driver's license with a school bus endorsement.	2105

(D) The director shall adopt rules, in accordance with	2106
Chapter 119. of the Revised Code, authorizing waiver of the skills	2107
test specified in this section for any applicant for a commercial	2108
driver's license who meets all of the following requirements:	2109

(1) Certifies that, during the two-year period immediately	2110
preceding application for a commercial driver's license, all of	2111
the following apply:	2112

(a) The applicant has not had more than one license.

2113

(b) The applicant has not had any license suspended, revoked,	2114
or canceled.	2115

(c) The applicant has not had any convictions for any type of	2116
motor vehicle for the offenses for which disqualification is	2117
prescribed in section 4506.16 of the Revised Code.	2118

(d) The applicant has not had any violation of a state or	2119
local law relating to motor vehicle traffic control other than a	2120
parking violation arising in connection with any traffic accident	2121
and has no record of an accident in which the applicant was at	2122
fault.	2123

(e) The applicant has previously taken and passed a skills	2124
test given by a state with a classified licensing and testing	2125
system in which the test was behind-the-wheel in a representative	2126
vehicle for the applicant's commercial driver's license	2127
classification.	2128

(2) Certifies and also provides evidence that the applicant	2129
is regularly employed in a job requiring operation of a commercial	2130
motor vehicle and that one of the following applies:	2131

(a) The applicant has previously taken and passed a skills	2132
test given by a state with a classified licensing and testing	2133
system in which the test was behind-the-wheel in a representative	2134
vehicle for the applicant's commercial driver's license	2135
classification.	2136

(b) The applicant has regularly operated, for at least two	2137
years immediately preceding application for a commercial driver's	2138
license, a vehicle representative of the commercial motor vehicle	2139
the applicant operates or expects to operate.	2140

(E) The director shall adopt rules, in accordance with	2141
Chapter 119. of the Revised Code, authorizing waiver of the skills	2142
test specified in this section for any applicant for a commercial	2143
driver's license who meets all of the following requirements:	2144

(1) At the time of applying, is a member or uniformed	2145
employee of the armed forces of the United States or their reserve	2146
components, including the Ohio national guard, or separated from	2147
such service or employment within the preceding ninety days;	2148

(2) Certifies that, during the two-year period immediately	2149
preceding application for a commercial driver's license, all of	2150
the following apply:	2151

(a) The applicant has not had more than one license,	2152
excluding any military license.	2153

(b) The applicant has not had any license suspended, revoked,	2154
or canceled.	2155

(c) The applicant has not had any convictions for any type of	2156
motor vehicle for the offenses for which disqualification is	2157
prescribed in section 4506.16 of the Revised Code.	2158

(d) The applicant has not had more than one conviction for	2159
any type of motor vehicle for a serious traffic violation.	2160

(e) The applicant has not had any violation of a state or	2161
local law relating to motor vehicle traffic control other than a	2162
parking violation arising in connection with any traffic accident	2163
and has no record of an accident in which the applicant was at	2164
fault.	2165

(3) In accordance with rules adopted by the director,	2166
certifies and also provides evidence of all of the following:	2167

(a) That the applicant is regularly employed or was regularly	2168
employed within the preceding ninety days in a military position	2169
requiring operation of a commercial motor vehicle;	2170

(b) That the applicant was exempt from the requirements of	2171
this chapter under division (B)(6) of section 4506.03 of the	2172
Revised Code;	2173

(c) That, for at least two years immediately preceding the	2174
date of application or at least two years immediately preceding	2175
the date the applicant separated from military service or	2176
employment, the applicant regularly operated a vehicle	2177
representative of the commercial motor vehicle type that the	2178
applicant operates or expects to operate.	2179

(F)(1) The department of public safety may charge and collect	2180
a divisible fee of fifty dollars for each skills test given as	2181
part of a commercial driver's license examination. The fee shall	2182
consist of ten dollars for the pre-trip inspection portion of the	2183
test, ten dollars for the off-road maneuvering portion of the	2184
test, and thirty dollars for the on-road portion of the test.	2185

(2) The director may require an applicant for a commercial	2186
driver's license who schedules an appointment with the highway	2187
patrol or other authorized employee of the department of public	2188
safety to take all portions of the skills test, to pay an	2189
appointment fee of fifty dollars at the time of scheduling the	2190
appointment. If the applicant appears at the time and location	2191
specified for the appointment and takes all portions of the skills	2192
test during that appointment, the appointment fee shall serve as	2193
the skills test fee. If the applicant schedules an appointment to	2194
take all portions of the skills test and fails to appear at the	2195
time and location specified for the appointment, no portion of the	2196
appointment fee shall be refunded. If the applicant schedules an	2197
appointment to take all portions of the skills test and appears at	2198
the time and location specified for the appointment, but declines	2199
or is unable to take all portions of the skills test, no portion	2200
of the appointment fee shall be refunded. If the applicant cancels	2201
a scheduled appointment forty-eight hours or more prior to the	2202
time of the appointment time, the applicant shall not forfeit the	2203
appointment fee.	2204

An applicant for a commercial driver's license who schedules	2205
an appointment to take one or more, but not all, portions of the	2206
skills test shall be required to pay an appointment fee equal to	2207
the costs of each test scheduled, as prescribed in division (F)(1)	2208
of this section, when scheduling such an appointment. If the	2209
applicant appears at the time and location specified for the	2210
appointment and takes all the portions of the skills test during	2211
that appointment that the applicant was scheduled to take, the	2212
appointment fee shall serve as the skills test fee. If the	2213
applicant schedules an appointment to take one or more, but not	2214
all, portions of the skills test and fails to appear at the time	2215
and location specified for the appointment, no portion of the	2216
appointment fee shall be refunded. If the applicant schedules an	2217
appointment to take one or more, but not all, portions of the	2218
skills test and appears at the time and location specified for the	2219
appointment, but declines or is unable to take all portions of the	2220
skills test that the applicant was scheduled to take, no portion	2221
of the appointment fee shall be refunded. If the applicant cancels	2222
a scheduled appointment forty-eight hours or more prior to the	2223
time of the appointment time, the applicant shall not forfeit the	2224
appointment fee.	2225

(3) The department of public safety shall deposit all fees it	2226
collects under division (F) of this section in the state ~~highway~~	2227
~~safety~~bureau of motor vehicles fund established in section	2228
4501.25 of the Revised Code.	2229

(G) As used in this section, "skills test" means a test of an	2230
applicant's ability to drive the type of commercial motor vehicle	2231
for which the applicant seeks a commercial driver's license by	2232
having the applicant drive such a motor vehicle while under the	2233
supervision of an authorized state driver's license examiner or	2234
tester.	2235

Sec. 4507.011. (A) Each deputy registrar assigned to a	2236
driver's license examining station by the registrar of motor	2237
vehicles as provided in section 4507.01 of the Revised Code shall	2238
remit to the director of public safety a rental fee equal to the	2239
percentage of space occupied by the deputy registrar in the	2240
driver's license examining station multiplied by the rental fee	2241
paid for the entire driver's license examining station plus a pro	2242
rata share of all utility costs. All such moneys received by the	2243
director shall be deposited in the state treasury to the credit of	2244
the ~~registrar rental~~state bureau of motor vehicles fund~~, which is~~	2245
~~hereby~~ created in section 4501.25 of the Revised Code. ~~The moneys~~	2246
~~in the fund shall be used by the department of public safety only~~	2247
~~to pay the rent and expenses of the driver's license examining~~	2248
~~stations. All investment earnings of the fund shall be credited to~~	2249
~~the fund.~~	2250

(B) Each deputy registrar assigned to a bureau of motor	2251
vehicles' location shall reimburse the registrar a monthly	2252
building rental fee, including applicable utility charges. All	2253
such moneys received by the registrar shall be deposited into the	2254
state bureau of motor vehicles fund ~~created in section 4501.25 of~~	2255
~~the Revised Code~~.	2256

Sec. 4507.23. (A) Except as provided in division (I) of this	2257
section, each application for a temporary instruction permit and	2258
examination shall be accompanied by a fee of five dollars.	2259

(B) Except as provided in division (I) of this section, each	2260
application for a driver's license made by a person who previously	2261
held such a license and whose license has expired not more than	2262
two years prior to the date of application, and who is required	2263
under this chapter to give an actual demonstration of the person's	2264
ability to drive, shall be accompanied by a fee of three dollars	2265
in addition to any other fees.	2266

(C)(1) Except as provided in divisions (E) and (I) of this	2267
section, each application for a driver's license, or motorcycle	2268
operator's endorsement, or renewal of a driver's license shall be	2269
accompanied by a fee of six dollars.	2270

(2) Except as provided in division (I) of this section, each	2271
application for a duplicate driver's license shall be accompanied	2272
by a fee of seven dollars and fifty cents. The duplicate driver's	2273
licenses issued under this section shall be distributed by the	2274
deputy registrar in accordance with rules adopted by the registrar	2275
of motor vehicles.	2276

(D) Except as provided in division (I) of this section, each	2277
application for a motorized bicycle license or duplicate thereof	2278
shall be accompanied by a fee of two dollars and fifty cents.	2279

(E) Except as provided in division (I) of this section, each	2280
application for a driver's license or renewal of a driver's	2281
license that will be issued to a person who is less than	2282
twenty-one years of age shall be accompanied by whichever of the	2283
following fees is applicable:	2284

(1) If the person is sixteen years of age or older, but less	2285
than seventeen years of age, a fee of seven dollars and	2286
twenty-five cents;	2287

(2) If the person is seventeen years of age or older, but	2288
less than eighteen years of age, a fee of six dollars;	2289

(3) If the person is eighteen years of age or older, but less	2290
than nineteen years of age, a fee of four dollars and seventy-five	2291
cents;	2292

(4) If the person is nineteen years of age or older, but less	2293
than twenty years of age, a fee of three dollars and fifty cents;	2294

(5) If the person is twenty years of age or older, but less	2295
than twenty-one years of age, a fee of two dollars and twenty-five	2296
cents.	2297

(F) Neither the registrar nor any deputy registrar shall	2298
charge a fee in excess of one dollar and fifty cents for	2299
laminating a driver's license, motorized bicycle license, or	2300
temporary instruction permit identification cards as required by	2301
sections 4507.13 and 4511.521 of the Revised Code. A deputy	2302
registrar laminating a driver's license, motorized bicycle	2303
license, or temporary instruction permit identification cards	2304
shall retain the entire amount of the fee charged for lamination,	2305
less the actual cost to the registrar of the laminating materials	2306
used for that lamination, as specified in the contract executed by	2307
the bureau for the laminating materials and laminating equipment.	2308
The deputy registrar shall forward the amount of the cost of the	2309
laminating materials to the registrar for deposit as provided in	2310
this section.	2311

(G) Except as provided in division (I) of this section, each	2312
transaction described in divisions (A), (B), (C), (D), and (E) of	2313
this section shall be accompanied by an additional fee of twelve	2314
dollars. The additional fee is for the purpose of defraying the	2315
department of public safety's costs associated with the	2316
administration and enforcement of the motor vehicle and traffic	2317
laws of Ohio.	2318

(H) At the time and in the manner provided by section 4503.10	2319
of the Revised Code, the deputy registrar shall transmit the fees	2320
collected under divisions (A), (B), (C), (D), and (E), those	2321
portions of the fees specified in and collected under division	2322
(F), and the additional fee under division (G) of this section to	2323
the registrar. The registrar shall pay two dollars and fifty cents	2324
of each fee collected under divisions (A), (B), (C)(1) and (2),	2325
(D), and (E)(1) to (4) of this section, and the entire fee	2326
collected under division (E)(5) of this section, into the state	2327
~~highway safety~~bureau of motor vehicles fund established in	2328
section ~~4501.06~~4501.25 of the Revised Code, and such fees shall	2329
be used for the sole purpose of supporting driver licensing	2330
activities. The registrar also shall pay five dollars of each fee	2331
collected under division (C)(2) of this section and the entire fee	2332
collected under division (G) of this section into the state	2333
highway safety fund created in section 4501.06 of the Revised	2334
Code. The remaining fees collected by the registrar under this	2335
section shall be paid into the state bureau of motor vehicles fund	2336
established in section 4501.25 of the Revised Code.	2337

(I) A disabled veteran who has a service-connected disability	2338
rated at one hundred per cent by the veterans' administration may	2339
apply to the registrar or a deputy registrar for the issuance to	2340
that veteran, without the payment of any fee prescribed in this	2341
section, of any of the following items:	2342

(1) A temporary instruction permit and examination;

2343

(2) A new, renewal, or duplicate driver's or commercial	2344
driver's license;	2345

(3) A motorcycle operator's endorsement;

2346

(4) A motorized bicycle license or duplicate thereof;

2347

(5) Lamination of a driver's license, motorized bicycle	2348
license, or temporary instruction permit identification card as	2349
provided in division (F) of this section.	2350

An application made under division (I) of this section shall	2351
be accompanied by such documentary evidence of disability as the	2352
registrar may require by rule.	2353

Sec. 4508.08. There is hereby created in the department of	2354
public safety the motorcycle safety and education program. The	2355
director of public safety shall administer the program in	2356
accordance with the following guidelines:	2357

(A) The program shall include courses of instruction	2358
conducted at vocational schools, community colleges, or other	2359
suitable locations, by instructors who have obtained certification	2360
in the manner and form prescribed by the director. The courses	2361
shall meet standards established in rules adopted by the	2362
department in accordance with Chapter 119. of the Revised Code.	2363
The courses may include instruction for novice motorcycle	2364
operators, instruction in motorist awareness and alcohol and drug	2365
awareness, and any other kind of instruction the director	2366
considers appropriate. A reasonable tuition fee, as determined by	2367
the director, may be charged. The director may authorize private	2368
organizations or corporations to offer courses without tuition fee	2369
restrictions, but such entities are not eligible for reimbursement	2370
of expenses or subsidies from the ~~motorcycle safety and education~~	2371
state highway safety fund created in section ~~4501.13~~4501.06 of	2372
the Revised Code.	2373

(B) In addition to courses of instruction, the program may	2374
include provisions for equipment purchases, marketing and	2375
promotion, improving motorcycle license testing procedures, and	2376
any other provisions the director considers appropriate.	2377

(C) The director shall evaluate the program every two years	2378
and shall periodically inspect the facilities, equipment, and	2379
procedures used in the courses of instruction.	2380

(D) The director shall appoint at least one training	2381
specialist who shall oversee the operation of the program,	2382
establish courses of instruction, and supervise instructors. The	2383
training specialist shall be a licensed motorcycle operator and	2384
shall obtain certification in the manner and form prescribed by	2385
the director.	2386

(E) The director may contract with other public agencies or	2387
with private organizations or corporations to assist in	2388
administering the program.	2389

(F) Notwithstanding any provision of Chapter 102. of the	2390
Revised Code, the director, in order to administer the program,	2391
may participate in a motorcycle manufacturer's motorcycle loan	2392
program.	2393

(G) The director shall contract with an insurance company or	2394
companies authorized to do business in this state to purchase a	2395
policy or policies of insurance with respect to the establishment	2396
or administration, or any other aspect of the operation of the	2397
program.	2398

Sec. 4511.13. Highway traffic signal indications for	2399
vehicles and pedestrians shall have the following meanings:	2400

(A) Steady green signal indication:

2401

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	2402
facing a circular green signal indication are permitted to proceed	2403
straight through or turn right or left or make a u-turn movement	2404
except as such movement is modified by a lane-use sign, turn	2405
prohibition sign, lane marking, roadway design, separate turn	2406
signal indication, or other traffic control device. Such vehicular	2407
traffic, including vehicles turning right or left or making a	2408
u-turn movement, shall yield the right-of-way to both of the	2409
following:	2410

(i) Pedestrians lawfully within an associated crosswalk;

2411

(ii) Other vehicles lawfully within the intersection.

2412

(b) In addition, vehicular traffic turning left or making a	2413
u-turn movement to the left shall yield the right-of-way to other	2414
vehicles approaching from the opposite direction so closely as to	2415
constitute an immediate hazard during the time when such turning	2416
vehicle is moving across or within the intersection.	2417

(2) Vehicular traffic, streetcars, and trackless trolleys	2418
facing a green arrow signal indication, displayed alone or in	2419
combination with another signal indication, are permitted to	2420
cautiously enter the intersection only to make the movement	2421
indicated by such arrow, or such other movement as is permitted by	2422
other indications displayed at the same time. Such vehicular	2423
traffic, streetcars, and trackless trolleys, including vehicles	2424
turning right or left or making a u-turn movement, shall yield the	2425
right-of-way to both of the following:	2426

(a) Pedestrians lawfully within an associated crosswalk;

2427

(b) Other traffic lawfully using the intersection.

2428

(3)(a) Unless otherwise directed by a pedestrian signal	2429
indication, as provided in section 4511.14 of the Revised Code,	2430
pedestrians facing a circular green signal indication are	2431
permitted to proceed across the roadway within any marked or	2432
unmarked associated crosswalk. The pedestrian shall yield the	2433
right-of-way to vehicles lawfully within the intersection or so	2434
close as to create an immediate hazard at the time that the green	2435
signal indication is first displayed.	2436

(b) Pedestrians facing a green arrow signal indication,	2437
unless otherwise directed by a pedestrian signal indication or	2438
other traffic control device, shall not cross the roadway.	2439

(B) Steady yellow signal indication:

2440

(1) Vehicular traffic, streetcars, and trackless trolleys	2441
facing a steady circular yellow signal indication are thereby	2442
warned that the related green movement or the related flashing	2443
arrow movement is being terminated or that a steady red signal	2444
indication will be exhibited immediately thereafter when vehicular	2445
traffic, streetcars, and trackless trolleys shall not enter the	2446
intersection. The provisions governing vehicular operation under	2447
the movement being terminated shall continue to apply while the	2448
steady circular yellow signal indication is displayed.	2449

(2) Vehicular traffic facing a steady yellow arrow signal	2450
indication is thereby warned that the related green arrow movement	2451
or the related flashing arrow movement is being terminated. The	2452
provisions governing vehicular operation under the movement being	2453
terminated shall continue to apply while the steady yellow arrow	2454
signal indication is displayed.	2455

(3) Pedestrians facing a steady circular yellow or yellow	2456
arrow signal indication, unless otherwise directed by a pedestrian	2457
signal indication as provided in section 4511.14 of the Revised	2458
Code or other traffic control device, shall not start to cross the	2459
roadway.	2460

2461

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	2462
facing a steady circular red signal indication, unless entering	2463
the intersection to make another movement permitted by another	2464
signal indication, shall stop at a clearly marked stop line; but	2465
if there is no stop line, traffic shall stop before entering the	2466
crosswalk on the near side of the intersection; or if there is no	2467
crosswalk, then before entering the intersection; and shall remain	2468
stopped until a signal indication to proceed is displayed except	2469
as provided in divisions (C)(1), (2), and (3) of this section.	2470

(b) Except when a traffic control device is in place	2471
prohibiting a turn on red or a steady red arrow signal indication	2472
is displayed, vehicular traffic facing a steady circular red	2473
signal indication is permitted, after stopping, to enter the	2474
intersection to turn right, or to turn left from a one-way street,	2475
~~after stopping~~into a one-way street. The right to proceed with	2476
the turn shall be subject to the provisions that are applicable	2477
after making a stop at a stop sign.	2478

(2)(a) Vehicular traffic, streetcars, and trackless trolleys	2479
facing a steady red arrow signal indication shall not enter the	2480
intersection to make the movement indicated by the arrow and,	2481
unless entering the intersection to make another movement	2482
permitted by another signal indication, shall stop at a clearly	2483
marked stop line; but if there is no stop line, before entering	2484
the crosswalk on the near side of the intersection; or if there is	2485
no crosswalk, then before entering the intersection; and shall	2486
remain stopped until a signal indication or other traffic control	2487
device permitting the movement indicated by such red arrow is	2488
displayed.	2489

(b) When a traffic control device is in place permitting a	2490
turn on a steady red arrow signal indication, vehicular traffic	2491
facing a steady red arrow indication is permitted, after stopping,	2492
to enter the intersection to ~~make the movement indicated by the~~	2493
~~arrow signal indication, after stopping~~turn right, or to turn	2494
left from a one-way street into a one-way street. The right to	2495
proceed with the turn shall be limited to the direction indicated	2496
by the arrow and shall be subject to the provisions that are	2497
applicable after making a stop at a stop sign.	2498

(3) Unless otherwise directed by a pedestrian signal	2499
indication as provided in section 4511.14 of the Revised Code or	2500
other traffic control device, pedestrians facing a steady circular	2501
red or steady red arrow signal indication shall not enter the	2502
roadway.	2503

(4) Local authorities by ordinance, or the director of	2504
transportation on state highways, may prohibit a right or a left	2505
turn against a steady red signal at any intersection, which shall	2506
be effective when signs giving notice thereof are posted at the	2507
intersection.	2508

(D) A flashing green signal indication has no meaning and	2509
shall not be used.	2510

(E) Flashing yellow signal indication:

2511

(1)(a) Vehicular traffic, on an approach to an intersection,	2512
facing a flashing circular yellow signal indication, is permitted	2513
to cautiously enter the intersection to proceed straight through	2514
or turn right or left or make a u-turn movement except as such	2515
movement is modified by lane-use signs, turn prohibition signs,	2516
lane markings, roadway design, separate turn signal indications,	2517
or other traffic control devices. Such vehicular traffic,	2518
including vehicles turning right or left or making a u-turn	2519
movement, shall yield the right-of-way to both of the following:	2520

(i) Pedestrians lawfully within an associated crosswalk;

2521

(ii) Other vehicles lawfully within the intersection.

2522

(b) In addition, vehicular traffic turning left or making a	2523
u-turn to the left shall yield the right-of-way to other vehicles	2524
approaching from the opposite direction so closely as to	2525
constitute an immediate hazard during the time when such turning	2526
vehicle is moving across or within the intersection.	2527

(2)(a) Vehicular traffic, on an approach to an intersection,	2528
facing a flashing yellow arrow signal indication, displayed alone	2529
or in combination with another signal indication, is permitted to	2530
cautiously enter the intersection only to make the movement	2531
indicated by such arrow, or other such movement as is permitted by	2532
other signal indications displayed at the same time. Such	2533
vehicular traffic, including vehicles turning right or left or	2534
making a u-turn, shall yield the right-of-way to both of the	2535
following:	2536

(i) Pedestrians lawfully within an associated crosswalk;

2537

(ii) Other vehicles lawfully within the intersection.

2538

(b) In addition, vehicular traffic turning left or making a	2539
u-turn to the left shall yield the right-of-way to other vehicles	2540
approaching from the opposite direction so closely as to	2541
constitute an immediate hazard during the time when such turning	2542
vehicle is moving across or within the intersection.	2543

(3) Pedestrians facing any flashing yellow signal indication	2544
at an intersection, unless otherwise directed by a pedestrian	2545
signal indication or other traffic control device, are permitted	2546
to proceed across the roadway within any marked or unmarked	2547
associated crosswalk. Pedestrians shall yield the right-of-way to	2548
vehicles lawfully within the intersection at the time that the	2549
flashing yellow signal indication is first displayed.	2550

(4) When a flashing circular yellow signal indication is	2551
displayed as a beacon to supplement another traffic control	2552
device, road users are notified that there is a need to pay	2553
additional attention to the message contained thereon or that the	2554
regulatory or warning requirements of the other traffic control	2555
device, which might not be applicable at all times, are currently	2556
applicable.	2557

(F) Flashing red signal indication:

2558

(1) Vehicular traffic, on an approach to an intersection,	2559
facing a flashing circular red signal indication, shall stop at a	2560
clearly marked stop line; but if there is no stop line, before	2561
entering the crosswalk on the near side of the intersection; or if	2562
there is no crosswalk, at the point nearest the intersecting	2563
roadway where the driver has a view of approaching traffic on the	2564
intersecting roadway before entering the intersection. The right	2565
to proceed shall be subject to the provisions that are applicable	2566
after making a stop at a stop sign.	2567

(2) Pedestrians facing any flashing red signal indication at	2568
an intersection, unless otherwise directed by a pedestrian signal	2569
indication or other traffic control device, are permitted to	2570
proceed across the roadway within any marked or unmarked	2571
associated crosswalk. Pedestrians shall yield the right-of-way to	2572
vehicles lawfully within the intersection at the time that the	2573
flashing red signal indication is first displayed.	2574

(3) When a flashing circular red signal indication is	2575
displayed as a beacon to supplement another traffic control	2576
device, road users are notified that there is a need to pay	2577
additional attention to the message contained thereon or that the	2578
regulatory requirements of the other traffic control device, which	2579
might not be applicable at all times, are currently applicable.	2580
Use of this signal indication shall be limited to supplementing	2581
stop, do not enter, or wrong way signs, and to applications where	2582
compliance with the supplemented traffic control device requires a	2583
stop at a designated point.	2584

(G) In the event an official traffic-control signal is	2585
erected and maintained at a place other than an intersection, the	2586
provisions of this section shall be applicable except as to those	2587
provisions which by their nature can have no application. Any stop	2588
required shall be made at a sign or marking on the pavement	2589
indicating where the stop shall be made, but in the absence of any	2590
such sign or marking the stop shall be made at the signal.	2591

(H) This section does not apply at railroad grade crossings.	2592
Conduct of drivers of vehicles, trackless trolleys, and streetcars	2593
approaching railroad grade crossings shall be governed by sections	2594
4511.61 and 4511.62 of the Revised Code.	2595

Sec. 4513.263. (A) As used in this section and in section	2596
4513.99 of the Revised Code:	2597

(1) "Automobile" means any commercial tractor, passenger car,	2598
commercial car, or truck that is required to be factory-equipped	2599
with an occupant restraining device for the operator or any	2600
passenger by regulations adopted by the United States secretary of	2601
transportation pursuant to the "National Traffic and Motor Vehicle	2602
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	2603

(2) "Occupant restraining device" means a seat safety belt,	2604
shoulder belt, harness, or other safety device for restraining a	2605
person who is an operator of or passenger in an automobile and	2606
that satisfies the minimum federal vehicle safety standards	2607
established by the United States department of transportation.	2608

(3) "Passenger" means any person in an automobile, other than	2609
its operator, who is occupying a seating position for which an	2610
occupant restraining device is provided.	2611

(4) "Commercial tractor," "passenger car," and "commercial	2612
car" have the same meanings as in section 4501.01 of the Revised	2613
Code.	2614

(5) "Vehicle" and "motor vehicle," as used in the definitions	2615
of the terms set forth in division (A)(4) of this section, have	2616
the same meanings as in section 4511.01 of the Revised Code.	2617

(6) "Tort action" means a civil action for damages for	2618
injury, death, or loss to person or property. "Tort action"	2619
includes a product liability claim, as defined in section 2307.71	2620
of the Revised Code, and an asbestos claim, as defined in section	2621
2307.91 of the Revised Code, but does not include a civil action	2622
for damages for breach of contract or another agreement between	2623
persons.	2624

(B) No person shall do any of the following:

2625

(1) Operate an automobile on any street or highway unless	2626
that person is wearing all of the available elements of a properly	2627
adjusted occupant restraining device, or operate a school bus that	2628
has an occupant restraining device installed for use in its	2629
operator's seat unless that person is wearing all of the available	2630
elements of the device, as properly adjusted;	2631

(2) Operate an automobile on any street or highway unless	2632
each passenger in the automobile who is subject to the requirement	2633
set forth in division (B)(3) of this section is wearing all of the	2634
available elements of a properly adjusted occupant restraining	2635
device;	2636

(3) Occupy, as a passenger, a seating position on the front	2637
seat of an automobile being operated on any street or highway	2638
unless that person is wearing all of the available elements of a	2639
properly adjusted occupant restraining device;	2640

(4) Operate a taxicab on any street or highway unless all	2641
factory-equipped occupant restraining devices in the taxicab are	2642
maintained in usable form.	2643

(C) Division (B)(3) of this section does not apply to a	2644
person who is required by section 4511.81 of the Revised Code to	2645
be secured in a child restraint device or booster seat. Division	2646
(B)(1) of this section does not apply to a person who is an	2647
employee of the United States postal service or of a newspaper	2648
home delivery service, during any period in which the person is	2649
engaged in the operation of an automobile to deliver mail or	2650
newspapers to addressees. Divisions (B)(1) and (3) of this section	2651
do not apply to a person who has an affidavit signed by a	2652
physician licensed to practice in this state under Chapter 4731.	2653
of the Revised Code or a chiropractor licensed to practice in this	2654
state under Chapter 4734. of the Revised Code that states that the	2655
person has a physical impairment that makes use of an occupant	2656
restraining device impossible or impractical.	2657

(D) Notwithstanding any provision of law to the contrary, no	2658
law enforcement officer shall cause an operator of an automobile	2659
being operated on any street or highway to stop the automobile for	2660
the sole purpose of determining whether a violation of division	2661
(B) of this section has been or is being committed or for the sole	2662
purpose of issuing a ticket, citation, or summons for a violation	2663
of that nature or causing the arrest of or commencing a	2664
prosecution of a person for a violation of that nature, and no law	2665
enforcement officer shall view the interior or visually inspect	2666
any automobile being operated on any street or highway for the	2667
sole purpose of determining whether a violation of that nature has	2668
been or is being committed.	2669

(E) All fines collected for violations of division (B) of	2670
this section, or for violations of any ordinance or resolution of	2671
a political subdivision that is substantively comparable to that	2672
division, shall be forwarded to the treasurer of state for deposit	2673
into the state treasury to the credit of the trauma and emergency	2674
medical services fund, which is hereby created. In addition, sixty	2675
cents of each fee collected under sections 4501.34, 4503.26,	2676
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as	2677
specified in those sections, plus the portion of the driver's	2678
license reinstatement fee described in division (F)(2)(g) of	2679
section 4511.191 of the Revised Code, plus all fees collected	2680
under section 4765.11 of the Revised Code, plus all fines imposed	2681
under section 4765.55 of the Revised Code, plus the fees and other	2682
moneys specified in section 4766.05 of the Revised Code, and plus	2683
five per cent of fines and moneys arising from bail forfeitures as	2684
directed by section 5503.04 of the Revised Code, also shall be	2685
deposited into the trauma and emergency medical services fund. All	2686
money deposited into the trauma and emergency medical services	2687
fund shall be used by the department of public safety for the	2688
administration and operation of the division of emergency medical	2689
services and the state board of emergency medical, fire, and	2690
transportation services, and by the state board of emergency	2691
medical, fire, and transportation services to make grants, in	2692
accordance with section 4765.07 of the Revised Code and rules the	2693
board adopts under section 4765.11 of the Revised Code. The	2694
director of budget and management may transfer excess money from	2695
the trauma and emergency medical services fund to the state	2696
highway safety fund if the director of public safety determines	2697
that the amount of money in the trauma and emergency medical	2698
services fund exceeds the amount required to cover such costs	2699
incurred by the emergency medical services agency and the grants	2700
made by the state board of emergency medical, fire, and	2701
transportation services and requests the director of budget and	2702
management to make the transfer.	2703

(F)(1) Subject to division (F)(2) of this section, the	2704
failure of a person to wear all of the available elements of a	2705
properly adjusted occupant restraining device in violation of	2706
division (B)(1) or (3) of this section or the failure of a person	2707
to ensure that each minor who is a passenger of an automobile	2708
being operated by that person is wearing all of the available	2709
elements of a properly adjusted occupant restraining device in	2710
violation of division (B)(2) of this section shall not be	2711
considered or used by the trier of fact in a tort action as	2712
evidence of negligence or contributory negligence. But, the trier	2713
of fact may determine based on evidence admitted consistent with	2714
the Ohio Rules of Evidence that the failure contributed to the	2715
harm alleged in the tort action and may diminish a recovery of	2716
compensatory damages that represents noneconomic loss, as defined	2717
in section 2307.011 of the Revised Code, in a tort action that	2718
could have been recovered but for the plaintiff's failure to wear	2719
all of the available elements of a properly adjusted occupant	2720
restraining device. Evidence of that failure shall not be used as	2721
a basis for a criminal prosecution of the person other than a	2722
prosecution for a violation of this section; and shall not be	2723
admissible as evidence in a criminal action involving the person	2724
other than a prosecution for a violation of this section.	2725

(2) If, at the time of an accident involving a passenger car	2726
equipped with occupant restraining devices, any occupant of the	2727
passenger car who sustained injury or death was not wearing an	2728
available occupant restraining device, was not wearing all of the	2729
available elements of such a device, or was not wearing such a	2730
device as properly adjusted, then, consistent with the Rules of	2731
Evidence, the fact that the occupant was not wearing the available	2732
occupant restraining device, was not wearing all of the available	2733
elements of such a device, or was not wearing such a device as	2734
properly adjusted is admissible in evidence in relation to any	2735
claim for relief in a tort action to the extent that the claim for	2736
relief satisfies all of the following:	2737

(a) It seeks to recover damages for injury or death to the	2738
occupant.	2739

(b) The defendant in question is the manufacturer, designer,	2740
distributor, or seller of the passenger car.	2741

(c) The claim for relief against the defendant in question is	2742
that the injury or death sustained by the occupant was enhanced or	2743
aggravated by some design defect in the passenger car or that the	2744
passenger car was not crashworthy.	2745

(G)(1) Whoever violates division (B)(1) of this section shall	2746
be fined thirty dollars.	2747

(2) Whoever violates division (B)(3) of this section shall be	2748
fined twenty dollars.	2749

(3) Except as otherwise provided in this division, whoever	2750
violates division (B)(4) of this section is guilty of a minor	2751
misdemeanor. If the offender previously has been convicted of or	2752
pleaded guilty to a violation of division (B)(4) of this section,	2753
whoever violates division (B)(4) of this section is guilty of a	2754
misdemeanor of the third degree.	2755

Sec. 4513.53. (A) The superintendent of the state highway	2756
patrol, with approval of the director of public safety, may	2757
appoint and maintain necessary staff to carry out the inspection	2758
of buses.	2759

(B) The superintendent of the state highway patrol shall	2760
adopt a distinctive annual safety inspection decal bearing the	2761
date of inspection. The state highway patrol may remove any decal	2762
from a bus that fails any inspection.	2763

(C) ~~Fees~~Bus inspection fees collected by the state highway	2764
patrol under section 4513.52 of the Revised Code shall be paid	2765
into the state treasury to the credit of the ~~general revenue fund.~~	2766
~~Annually by the first day of June, the director of public safety~~	2767
~~shall determine the amount of fees collected under section 4513.52~~	2768
~~of the Revised Code and shall certify the amount to the director~~	2769
~~of budget and management for reimbursement. The director of budget~~	2770
~~and management then may transfer cash up to the amount certified~~	2771
~~from the general revenue fund to the~~ state highway safety fund	2772
created in section 4501.06 of the Revised Code.	2773

Sec. 4513.66. (A) If a motor vehicle accident occurs on any	2774
highway, public street, or other property open to the public for	2775
purposes of vehicular travel and if any motor vehicle, cargo, or	2776
personal property that has been damaged or spilled as a result of	2777
the motor vehicle accident is blocking the highway, street, or	2778
other property or is otherwise endangering public safety, the	2779
sheriff of the county, or the chief of police of the municipal	2780
corporation, township, or township or joint police district, in	2781
which the accident occurred, a state highway patrol trooper, or	2782
the chief of the fire department having jurisdiction where the	2783
accident occurred ~~may~~, or any duly authorized designee of an	2784
official specified above, without consent of the owner but with	2785
the approval of the law enforcement agency conducting any	2786
investigation of the accident, may remove the motor vehicle if the	2787
motor vehicle is unoccupied, cargo, or personal property from the	2788
portion of the highway, public street, or property ordinarily used	2789
for vehicular travel on the highway, public street, or other	2790
property open to the public for purposes of vehicular travel.	2791

(B)(1) Except as provided in division (B)(2) or (3) of this	2792
section, no employee of the department of transportation, sheriff,	2793
deputy sheriff, chief of police or police officer of a municipal	2794
corporation, township, or township or joint police district, state	2795
highway patrol trooper, chief of a fire department, or fire	2796
fighter, or any duly authorized designee of such an official who	2797
authorizes or participates in the removal of any unoccupied motor	2798
vehicle, cargo, or personal property as authorized by division (A)	2799
of this section is liable in civil damages for any injury, death,	2800
or loss to person or property that results from the removal of	2801
that unoccupied motor vehicle, cargo, or personal property. Except	2802
as provided in division (B)(2) or (3) of this section, if the	2803
department of transportation or a sheriff, chief of police of a	2804
municipal corporation, township, or township or joint police	2805
district, head of the state highway patrol, or chief of a fire	2806
department, or any duly authorized designee of such an official	2807
authorizes, employs, or arranges to have a private tow truck	2808
operator or towing company remove any unoccupied motor vehicle,	2809
cargo, or personal property as authorized by division (A) of this	2810
section, that private tow truck operator or towing company is not	2811
liable in civil damages for any injury, death, or loss to person	2812
or property that results from the removal of that unoccupied motor	2813
vehicle, cargo, or personal property~~, and~~. Further, the department	2814
of transportation, sheriff, chief of police, head of the state	2815
highway patrol, or fire department chief, or any duly authorized	2816
designee of such an official is not liable in civil damages for	2817
any injury, death, or loss to person or property that results from	2818
the private tow truck operator or towing company's removal of that	2819
unoccupied motor vehicle, cargo, or personal property.	2820

(2) Division (B)(1) of this section does not apply to any	2821
person or entity involved in the removal of an unoccupied motor	2822
vehicle, cargo, or personal property pursuant to division (A) of	2823
this section if that removal causes or contributes to the release	2824
of a hazardous material or to structural damage to the roadway.	2825

(3) Division (B)(1) of this section does not apply to a	2826
private tow truck operator or towing company that was not	2827
authorized, employed, or arranged by the department of	2828
transportation, a sheriff, a chief of police of a municipal	2829
corporation, township, or township or joint police district, the	2830
head of the state highway patrol, or a chief of a fire department,	2831
or any duly authorized designee of such an official or to a	2832
private tow truck operator or towing company that was authorized,	2833
employed, or arranged by the department of transportation, a	2834
sheriff, a chief of police of a municipal corporation, township,	2835
or township or joint police district, the head of the state	2836
highway patrol, or a chief of a fire department, or any duly	2837
authorized designee of such an official to perform the removal of	2838
the unoccupied motor vehicle, cargo, or personal property and the	2839
private tow truck operator or towing company performed the removal	2840
in a reckless or willful manner.	2841

(C) As used in this section, "hazardous material" has the	2842
same meaning as in section 2305.232 of the Revised Code.	2843

Sec. 4561.21. (A) The director of transportation shall	2844
deposit all aircraft transfer fees in the state treasury to the	2845
credit of the general fund.	2846

(B) The director shall deposit all aircraft license taxes and	2847
fines in the state treasury to the credit of the airport	2848
assistance fund, which is hereby created. Money in the fund shall	2849
be used for maintenance and capital improvements to publicly owned	2850
airports, and the operating costs associated with the office of	2851
aviation. For maintenance and capital improvements to publicly	2852
owned airports, the director shall distribute the money to	2853
eligible recipients in accordance with such procedures,	2854
guidelines, and criteria as the director shall establish.	2855

Sec. 4743.05. Except as otherwise provided in sections	2856
4701.20, 4723.062, 4723.082, 4729.65, 4781.121, and 4781.28 of the	2857
Revised Code, all money collected under Chapters 3773., 4701.,	2858
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	2859
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	2860
4761., ~~4766.,~~ 4771., 4775., 4779., and 4781. of the Revised Code	2861
shall be paid into the state treasury to the credit of the	2862
occupational licensing and regulatory fund, which is hereby	2863
created for use in administering such chapters.	2864

At the end of each quarter, the director of budget and	2865
management shall transfer from the occupational licensing and	2866
regulatory fund to the nurse education assistance fund created in	2867
section 3333.28 of the Revised Code the amount certified to the	2868
director under division (B) of section 4723.08 of the Revised	2869
Code.	2870

At the end of each quarter, the director shall transfer from	2871
the occupational licensing and regulatory fund to the certified	2872
public accountant education assistance fund created in section	2873
4701.26 of the Revised Code the amount certified to the director	2874
under division (H)(2) of section 4701.10 of the Revised Code.	2875

Sec. 4765.02. (A)(1) There is hereby created the state board	2876
of emergency medical, fire, and transportation services within the	2877
division of emergency medical services of the department of public	2878
safety. The board shall consist of the members specified in this	2879
section who are residents of this state. The governor, with the	2880
advice and consent of the senate, shall appoint all members of the	2881
board, except the employee of the department of public safety	2882
designated by the director of public safety under this section to	2883
be a member of the board. In making the appointments, the governor	2884
shall appoint only members with background or experience in	2885
emergency medical services or trauma care and shall attempt to	2886
include members representing urban and rural areas, various	2887
geographical regions of the state, and various schools of	2888
training.	2889

(2) One member of the board shall be a physician certified by	2890
the American board of emergency medicine or the American	2891
osteopathic board of emergency medicine who is active in the	2892
practice of emergency medicine and is actively involved with an	2893
emergency medical service organization. The governor shall appoint	2894
this member from among three persons nominated by the Ohio chapter	2895
of the American college of emergency physicians and three persons	2896
nominated by the Ohio osteopathic association. One member shall be	2897
a physician certified by the American board of surgery or the	2898
American osteopathic board of surgery who is active in the	2899
practice of trauma surgery and is actively involved with emergency	2900
medical services. The governor shall appoint this member from	2901
among three persons nominated by the Ohio chapter of the American	2902
college of surgeons and three persons nominated by the Ohio	2903
osteopathic association. One member shall be a physician certified	2904
by the American academy of pediatrics or American osteopathic	2905
board of pediatrics who is active in the practice of pediatric	2906
emergency medicine and actively involved with an emergency medical	2907
service organization. The governor shall appoint this member from	2908
among three persons nominated by the Ohio chapter of the American	2909
academy of pediatrics and three persons nominated by the Ohio	2910
osteopathic association. ~~One member shall be the administrator of~~	2911
~~an adult or pediatric trauma center. The governor shall appoint~~	2912
~~this member from among three persons nominated by the OHA: the~~	2913
~~association for hospitals and health systems, three persons~~	2914
~~nominated by the Ohio osteopathic association, three persons~~	2915
~~nominated by the association of Ohio children's hospitals, and~~	2916
~~three persons nominated by the health forum of Ohio.~~ One member	2917
shall be the administrator of a hospital ~~that is not a trauma~~	2918
~~center~~located in this state. The governor shall appoint this	2919
member from among three persons nominated by OHA: the association	2920
for hospitals and health systems, three persons nominated by the	2921
Ohio osteopathic association, and three persons nominated by the	2922
association of Ohio children's hospitals~~, and three persons~~	2923
~~nominated by the health forum of Ohio~~. One member shall be a	2924
registered nurse with EMS certification who ~~is in the active~~	2925
~~practice of emergency nursing~~performs mobile intensive care or	2926
air medical transport. The governor shall appoint this member from	2927
among three persons nominated by the Ohio nurses association,	2928
three persons nominated by the Ohio association of critical care	2929
transport, and three persons nominated by the Ohio state council	2930
of the emergency nurses association. One member shall be the chief	2931
of a fire department that is also an emergency medical service	2932
organization in which more than fifty per cent of the persons who	2933
provide emergency medical services are full-time paid employees.	2934
The governor shall appoint this member from among three persons	2935
nominated by the Ohio fire chiefs' association. One member shall	2936
be the chief of a fire department that is also an emergency	2937
medical service organization in which more than fifty per cent of	2938
the persons who provide emergency medical services are volunteers.	2939
The governor shall appoint this member from among three persons	2940
nominated by the Ohio fire chiefs' association. One member shall	2941
be a person who is certified to teach under section 4765.23 of the	2942
Revised Code ~~or, if the board has not yet certified persons to~~	2943
~~teach under that section, a person who is qualified to be~~	2944
~~certified to teach under that section~~and holds a valid	2945
certificate to practice as an EMT, AEMT, or paramedic. The	2946
governor shall appoint this member from among three persons	2947
nominated by the Ohio emergency medical technician instructors	2948
association and the Ohio instructor/coordinators' society. One	2949
member shall be an ~~EMT-basic, one shall be an EMT-I, and one~~EMT,	2950
AEMT, or paramedic, and one member shall be a paramedic. The	2951
governor shall appoint these members from among three ~~EMTs-basic,~~	2952
~~three EMTs-I,~~EMTs or AEMTs and three paramedics nominated by the	2953
Ohio association of professional fire fighters ~~and three~~	2954
~~EMTs-basic, three EMTs-I, and three paramedics nominated by the~~	2955
~~northern Ohio fire fighters~~. One member shall be an ~~EMT-basic,~~	2956
~~one shall be an EMT-I, and one~~EMT, AEMT, or paramedic, and one	2957
member shall be a paramedic ~~whom the~~. The governor shall appoint	2958
these members from among three ~~EMTs-basic, three EMTs-I,~~EMTs or	2959
AEMTs and three paramedics nominated by the Ohio state	2960
firefighter's association. One member shall be a person whom the	2961
governor shall appoint from among an ~~EMT-basic, an EMT-I, and~~EMT,	2962
AEMT, or a paramedic nominated by the Ohio association of	2963
emergency medical services or the Ohio ambulance and medical	2964
transportation association. One member shall be an EMT, AEMT, or a	2965
paramedic, whom the governor shall appoint from among three	2966
persons nominated by the Ohio ambulance and medical transportation	2967
association. One member shall be a paramedic, whom the governor	2968
shall appoint from among three persons nominated by the Ohio	2969
ambulance and medical transportation association. ~~The governor~~	2970
~~shall appoint one member who is an EMT-basic, EMT-I, or paramedic~~	2971
~~affiliated with an emergency medical services organization. One~~	2972
~~member shall be a member of the Ohio ambulance association whom~~	2973
~~the governor shall appoint from among three persons nominated by~~	2974
~~the Ohio ambulance association. One member shall be a physician~~	2975
~~certified by the American board of surgery, American board of~~	2976
~~osteopathic surgery, American osteopathic board of emergency~~	2977
~~medicine, or American board of emergency medicine who is the chief~~	2978
~~medical officer of an air medical agency and is currently active~~	2979
~~in providing emergency medical services. The governor shall~~	2980
~~appoint this member from among three persons nominated by the Ohio~~	2981
~~association of air medical services.~~One member shall be the owner	2982
or operator of a private emergency medical service organization	2983
whom the governor shall appoint from among three persons nominated	2984
by the Ohio ambulance and medical transportation association. One	2985
member shall be a provider of mobile intensive care unit	2986
transportation in this state whom the governor shall appoint from	2987
among three persons nominated by the Ohio association of critical	2988
care transport. One member shall be a provider of air-medical	2989
transportation in this state whom the governor shall appoint from	2990
among three persons nominated by the Ohio association of critical	2991
care transport. One member shall be the owner or operator of a	2992
nonemergency medical service organization in this state that	2993
provides ambulette services whom the governor shall appoint from	2994
among three persons nominated by the Ohio ambulance and medical	2995
transportation association.	2996

The governor may refuse to appoint any of the persons	2997
nominated by one or more organizations under division (A)(2) of	2998
this section, except the employee of the department of public	2999
safety designated by the director of public safety under this	3000
section to be a member of the board. In that event, the	3001
organization or organizations shall continue to nominate the	3002
required number of persons until the governor appoints to the	3003
board one or more of the persons nominated by the organization or	3004
organizations.	3005

The director of public safety shall designate an employee of	3006
the department of public safety to serve as a member of the board	3007
at the director's pleasure. This member shall serve as a liaison	3008
between the department and the division of emergency medical	3009
services in cooperation with the executive director of the board.	3010

~~Initial appointments to the board by the governor and the~~	3011
~~director of public safety shall be made within ninety days after~~	3012
~~November 12, 1992. Of the initial appointments by the governor,~~	3013
~~five shall be for terms ending one year after November 12, 1992,~~	3014
~~six shall be for terms ending two years after November 12, 1992,~~	3015
~~and six shall be for terms ending three years after November 12,~~	3016
~~1992. Within ninety days after the effective date of this~~	3017
~~amendment, the governor shall appoint the member of the board who~~	3018
~~is the chief medical officer of an air medical agency for an~~	3019
~~initial term ending November 12, 2000. Thereafter, terms~~	3020

(B) Terms of office of all members appointed by the governor	3021
shall be for three years, each term ending on the same day of the	3022
same month as did the term it succeeds. Each member shall hold	3023
office from the date of appointment until the end of the term for	3024
which the member was appointed. A member shall continue in office	3025
subsequent to the expiration date of the member's term until the	3026
member's successor takes office, or until a period of sixty days	3027
has elapsed, whichever occurs first.	3028

Each vacancy shall be filled in the same manner as the	3029
original appointment. A member appointed to fill a vacancy	3030
occurring prior to the expiration of the term for which the	3031
member's predecessor was appointed shall hold office for the	3032
remainder of the unexpired term.	3033

The term of a member shall expire if the member ceases to	3034
meet any of the requirements to be appointed as that member. The	3035
governor may remove any member from office for neglect of duty,	3036
malfeasance, misfeasance, or nonfeasance, after an adjudication	3037
hearing held in accordance with Chapter 119. of the Revised Code.	3038

(C) The members of the board shall serve without compensation	3039
but shall be reimbursed for their actual and necessary expenses	3040
incurred in carrying out their duties as board members.	3041

(D) The board shall organize by annually selecting a chair	3042
and vice-chair from among its members. The board may adopt bylaws	3043
to regulate its affairs. A majority of all members of the board	3044
shall constitute a quorum. No action shall be taken without the	3045
concurrence of a majority of all members of the board. The board	3046
shall meet at least four times annually and at the call of the	3047
chair. The chair shall call a meeting on the request of the	3048
executive director or the medical director of the board or on the	3049
written request of five members. The board shall maintain written	3050
or electronic records of its meetings.	3051

(E) Upon twenty-four hours' notice from a member of the	3052
board, the member's employer shall release the member from the	3053
member's employment duties to attend meetings of the full board.	3054
Nothing in this ~~paragraph~~division requires the employer of a	3055
member of the board to compensate the member for time the member	3056
is released from employment duties under this paragraph, but any	3057
civil immunity, workers' compensation, disability, or similar	3058
coverage that applies to a member of the board as a result of the	3059
member's employment shall continue to apply while the member is	3060
released from employment duties under this paragraph.	3061

Sec. 4765.03. (A) The director of public safety shall	3062
appoint a full-time executive director for the state board of	3063
emergency medical, fire, and transportation services. The	3064
executive director shall be knowledgeable in emergency medical	3065
services and trauma care and shall serve at the pleasure of the	3066
director of public safety. The director of public safety shall	3067
appoint the executive director from among three persons nominated	3068
by the board. The director of public safety may refuse, for cause,	3069
to appoint any of the board's nominees. If the director fails to	3070
appoint any of the board's nominees, the board shall continue to	3071
nominate groups of three persons until the director does appoint	3072
one of the board's nominees. The executive director shall serve as	3073
the chief executive officer of the board and as the executive	3074
director of the division of emergency medical services. The	3075
executive director shall attend each meeting of the board, except	3076
the board may exclude the executive director from discussions	3077
concerning the employment or performance of the executive director	3078
or medical director of the board. The executive director shall	3079
give a surety bond to the state in such sum as the board	3080
determines, conditioned on the faithful performance of the duties	3081
of the executive director's office. The executive director shall	3082
receive a salary from the board and shall be reimbursed for actual	3083
and necessary expenses incurred in carrying out duties as	3084
executive director.	3085

The executive director shall submit a report to the director	3086
of public safety at least every three months regarding the status	3087
of emergency medical services in this state. The executive	3088
director shall meet with the director of public safety at the	3089
director's request.	3090

(B) The board shall appoint a medical director, who shall	3091
serve at the pleasure of the board. The medical director shall be	3092
a physician certified by the American board of emergency medicine	3093
or the American osteopathic board of emergency medicine who is	3094
active in the practice of emergency medicine and has been actively	3095
involved with an emergency medical service organization for at	3096
least five years prior to being appointed. The board shall	3097
consider any recommendations for this appointment from the Ohio	3098
chapter of the American college of emergency physicians, the Ohio	3099
chapter of the American college of surgeons, the Ohio chapter of	3100
the American academy of pediatrics, the Ohio osteopathic	3101
association, and the Ohio state medical association.	3102

The medical director shall direct the executive director and	3103
advise the board with regard to adult and pediatric trauma and	3104
emergency medical services issues. The medical director shall	3105
attend each meeting of the board, except the board may exclude the	3106
medical director from discussions concerning the appointment or	3107
performance of the medical director or executive director of the	3108
board. The medical director shall be employed and paid by the	3109
board and shall be reimbursed for actual and necessary expenses	3110
incurred in carrying out duties as medical director.	3111

(C) The board may appoint employees as it determines	3112
necessary. The board shall prescribe the duties and titles of its	3113
employees.	3114

Sec. 4765.04. (A) The firefighter and fire safety inspector	3115
training committee of the state board of emergency medical, fire,	3116
and transportation services is hereby created and shall consist of	3117
the members of the board who are chiefs of fire departments, and	3118
the members of the board who are emergency medical	3119
technicians-basic, emergency medical technicians-intermediate, and	3120
emergency medical technicians-paramedic appointed from among	3121
persons nominated by the Ohio association of professional fire	3122
fighters or the northern Ohio fire fighters and from among persons	3123
nominated by the Ohio state firefighter's association. Each member	3124
of the committee, except the chairperson, may designate a person	3125
with fire experience to serve in that member's place. The members	3126
of the committee or their designees shall select a chairperson	3127
from among the members or their designees.	3128

The committee may conduct investigations in the course of	3129
discharging its duties under this chapter. In the course of an	3130
investigation, the committee may issue subpoenas. If a person	3131
subpoenaed fails to comply with the subpoena, the committee may	3132
authorize its chairperson to apply to the court of common pleas in	3133
the county where the person to be subpoenaed resides for an order	3134
compelling compliance in the same manner as compliance with a	3135
subpoena issued by the court is compelled.	3136

(B) The trauma committee of the state board of emergency	3137
medical, fire, and transportation services is hereby created and	3138
shall consist of the following members appointed by the director	3139
of public safety:	3140

(1) A physician who is certified by the American board of	3141
surgery or American osteopathic board of surgery and actively	3142
practices general trauma surgery, appointed from among three	3143
persons nominated by the Ohio chapter of the American college of	3144
surgeons, three persons nominated by the Ohio state medical	3145
association, and three persons nominated by the Ohio osteopathic	3146
association;	3147

(2) A physician who is certified by the American board of	3148
surgery or the American osteopathic board of surgery and actively	3149
practices orthopedic trauma surgery, appointed from among three	3150
persons nominated by the Ohio orthopedic society and three persons	3151
nominated by the Ohio osteopathic association;	3152

(3) A physician who is certified by the American board of	3153
neurological surgeons or the American osteopathic board of surgery	3154
and actively practices neurosurgery on trauma victims, appointed	3155
from among three persons nominated by the Ohio state neurological	3156
society and three persons nominated by the Ohio osteopathic	3157
association;	3158

(4) A physician who is certified by the American board of	3159
surgeons or American osteopathic board of surgeons and actively	3160
specializes in treating burn victims, appointed from among three	3161
persons nominated by the Ohio chapter of the American college of	3162
surgeons and three persons nominated by the Ohio osteopathic	3163
association;	3164

(5) A dentist who is certified by the American board of oral	3165
and maxillofacial surgery and actively practices oral and	3166
maxillofacial surgery, appointed from among three persons	3167
nominated by the Ohio dental association;	3168

(6) A physician who is certified by the American board of	3169
physical medicine and rehabilitation or American osteopathic board	3170
of rehabilitation medicine and actively provides rehabilitative	3171
care to trauma victims, appointed from among three persons	3172
nominated by the Ohio society of physical medicine and	3173
rehabilitation and three persons nominated by the Ohio osteopathic	3174
association;	3175

(7) A physician who is certified by the American board of	3176
surgery or American osteopathic board of surgery with special	3177
qualifications in pediatric surgery and actively practices	3178
pediatric trauma surgery, appointed from among three persons	3179
nominated by the Ohio chapter of the American academy of	3180
pediatrics and three persons nominated by the Ohio osteopathic	3181
association;	3182

(8) A physician who is certified by the American board of	3183
emergency medicine or American osteopathic board of emergency	3184
medicine, actively practices emergency medicine, and is actively	3185
involved in emergency medical services, appointed from among three	3186
persons nominated by the Ohio chapter of the American college of	3187
emergency physicians and three persons nominated by the Ohio	3188
osteopathic association;	3189

(9) A physician who is certified by the American board of	3190
pediatrics, American osteopathic board of pediatrics, or American	3191
board of emergency medicine, is sub-boarded in pediatric emergency	3192
medicine, actively practices pediatric emergency medicine, and is	3193
actively involved in emergency medical services, appointed from	3194
among three persons nominated by the Ohio chapter of the American	3195
academy of pediatrics, three persons nominated by the Ohio chapter	3196
of the American college of emergency physicians, and three persons	3197
nominated by the Ohio osteopathic association;	3198

(10) A physician who is certified by the American board of	3199
surgery, American osteopathic board of surgery, or American board	3200
of emergency medicine and is the chief medical officer of an air	3201
medical organization, appointed from among three persons nominated	3202
by the Ohio association of air medical services;	3203

(11) A coroner or medical examiner appointed from among three	3204
people nominated by the Ohio state coroners' association;	3205

(12) A registered nurse who actively practices trauma nursing	3206
at an adult or pediatric trauma center, appointed from among three	3207
persons nominated by the Ohio association of trauma nurse	3208
coordinators;	3209

(13) A registered nurse who actively practices emergency	3210
nursing and is actively involved in emergency medical services,	3211
appointed from among three persons nominated by the Ohio chapter	3212
of the emergency nurses' association;	3213

(14) The chief trauma registrar of an adult or pediatric	3214
trauma center, appointed from among three persons nominated by the	3215
alliance of Ohio trauma registrars;	3216

(15) The administrator of an adult or pediatric trauma	3217
center, appointed from among three persons nominated by OHA: the	3218
association for hospitals and health systems, three persons	3219
nominated by the Ohio osteopathic association, three persons	3220
nominated by the association of Ohio children's hospitals, and	3221
three persons nominated by the health forum of Ohio;	3222

(16) The administrator of a hospital that is not a trauma	3223
center and actively provides emergency care to adult or pediatric	3224
trauma patients, appointed from among three persons nominated by	3225
OHA: the association for hospitals and health systems, three	3226
persons nominated by the Ohio osteopathic association, three	3227
persons nominated by the association of Ohio children's hospitals,	3228
and three persons nominated by the health forum of Ohio;	3229

(17) The operator of an ambulance company that actively	3230
provides trauma care to emergency patients, appointed from among	3231
three persons nominated by the Ohio ambulance association;	3232

(18) The chief of a fire department that actively provides	3233
trauma care to emergency patients, appointed from among three	3234
persons nominated by the Ohio fire chiefs' association;	3235

(19) An EMT or paramedic who is certified under this chapter	3236
and actively provides trauma care to emergency patients, appointed	3237
from among three persons nominated by the Ohio association of	3238
professional firefighters, three persons nominated by the northern	3239
Ohio fire fighters, three persons nominated by the Ohio state	3240
firefighters' association, and three persons nominated by the Ohio	3241
association of emergency medical services;	3242

(20) A person who actively advocates for trauma victims,	3243
appointed from three persons nominated by the Ohio brain injury	3244
association and three persons nominated by the governor's council	3245
on people with disabilities;	3246

(21) A physician or nurse who has substantial administrative	3247
responsibility for trauma care provided in or by an adult or	3248
pediatric trauma center, appointed from among three persons	3249
nominated by OHA: the association for hospitals and health	3250
systems, three persons nominated by the Ohio osteopathic	3251
association, three persons nominated by the association of Ohio	3252
children's hospitals, and three persons nominated by the health	3253
forum of Ohio;	3254

(22) Three representatives of hospitals that are not trauma	3255
centers and actively provide emergency care to trauma patients,	3256
appointed from among three persons nominated by OHA: the	3257
association for hospitals and health systems, three persons	3258
nominated by the Ohio osteopathic association, three persons	3259
nominated by the association of Ohio children's hospitals, and	3260
three persons nominated by the health forum of Ohio. The	3261
representatives may be hospital administrators, physicians,	3262
nurses, or other clinical professionals.	3263

Members of the committee shall have substantial experience in	3264
the categories they represent, shall be residents of this state,	3265
and may be members of the state board of emergency medical, fire,	3266
and transportation services. In appointing members of the	3267
committee, the director shall attempt to include members	3268
representing urban and rural areas, various geographical areas of	3269
the state, and various schools of training. The director shall not	3270
appoint to the committee more than one member who is employed by	3271
or practices at the same hospital, health system, or emergency	3272
medical service organization.	3273

The director may refuse to appoint any of the persons	3274
nominated by an organization or organizations under this division.	3275
In that event, the organization or organizations shall continue to	3276
nominate the required number of persons until the director	3277
appoints to the committee one or more of the persons nominated by	3278
the organization or organizations.	3279

Initial appointments to the committee shall be made by the	3280
director not later than ninety days after November 3, 2000.	3281
Members of the committee shall serve at the pleasure of the	3282
director, except that any member of the committee who ceases to be	3283
qualified for the position to which the member was appointed shall	3284
cease to be a member of the committee. Vacancies on the committee	3285
shall be filled in the same manner as original appointments.	3286

The members of the committee shall serve without compensation	3287
but shall be reimbursed for actual and necessary expenses incurred	3288
in carrying out duties as members of the committee.	3289

The committee shall select a chairperson and vice-chairperson	3290
from among its members. A majority of all members of the committee	3291
shall constitute a quorum. No action shall be taken without the	3292
concurrence of a majority of all members of the committee. The	3293
committee shall meet at the call of the chair, upon written	3294
request of five members of the committee, and at the direction of	3295
the state board of emergency medical, fire, and transportation	3296
services. The committee shall not meet at times or locations that	3297
conflict with meetings of the board. The executive director and	3298
medical director of the state board of emergency medical, fire,	3299
and transportation services may participate in any meeting of the	3300
committee and shall do so at the request of the committee.	3301

The committee shall advise and assist the state board of	3302
emergency medical, fire, and transportation services in matters	3303
related to adult and pediatric trauma care and the establishment	3304
and operation of the state trauma registry. In matters relating to	3305
the state trauma registry, the board and the committee shall	3306
consult with trauma registrars from adult and pediatric trauma	3307
centers in the state. The committee may appoint a subcommittee to	3308
advise and assist with the trauma registry. The subcommittee may	3309
include persons with expertise relevant to the trauma registry who	3310
are not members of the board or committee.	3311

(C) The state board of emergency medical, fire, and	3312
transportation services may appoint other committees and	3313
subcommittees as it considers necessary.	3314

(D) The state board of emergency medical, fire, and	3315
transportation services, and any of its committees or	3316
subcommittees, may request assistance from any state agency. The	3317
board and its committees and subcommittees may permit persons who	3318
are not members of those bodies to participate in deliberations of	3319
those bodies, but no person who is not a member of the board shall	3320
vote on the board and no person who is not a member of a committee	3321
created under division (A) or (B) of this section shall vote on	3322
that committee.	3323

(E) Sections 101.82 to 101.87 of the Revised Code do not	3324
apply to the committees established under division (A) or (B) of	3325
this section.	3326

Sec. 4765.05. (A) As used in this section, "prehospital	3327
emergency medical services" means an emergency medical services	3328
system that provides medical services to patients who require	3329
immediate assistance, because of illness or injury, prior to their	3330
arrival at an emergency medical facility.	3331

(B) The state board of emergency medical, fire, and	3332
transportation services shall divide the state geographically into	3333
prehospital emergency medical services regions for purposes of	3334
overseeing the delivery of adult and pediatric prehospital	3335
emergency medical services. For each prehospital emergency medical	3336
services region, the state board of emergency medical, fire, and	3337
transportation services shall appoint either a physician to serve	3338
as the regional director or a physician advisory board to serve as	3339
the regional advisory board. The state board of emergency medical,	3340
fire, and transportation services shall specify the duties of each	3341
regional director and regional advisory board. Regional directors	3342
and members of regional advisory boards shall serve without	3343
compensation, but shall be reimbursed for actual and necessary	3344
expenses incurred in carrying out duties as regional directors and	3345
members of regional advisory boards.	3346

(C) Nothing in this section shall be construed to limit in	3347
any way the ability of a hospital to determine the market area of	3348
that hospital.	3349

Sec. 4765.06. (A) The state board of emergency medical,	3350
fire, and transportation services shall establish an emergency	3351
medical services incidence reporting system for the collection of	3352
information regarding the delivery of emergency medical services	3353
in this state and the frequency at which the services are	3354
provided. All emergency medical service organizations shall submit	3355
to the board any information that the board determines is	3356
necessary for maintaining the incidence reporting system.	3357

(B) The board shall establish a state trauma registry to be	3358
used for the collection of information regarding the care of adult	3359
and pediatric trauma victims in this state. The registry shall	3360
provide for the reporting of adult and pediatric trauma-related	3361
deaths, identification of adult and pediatric trauma patients,	3362
monitoring of adult and pediatric trauma patient care data,	3363
determination of the total amount of uncompensated adult and	3364
pediatric trauma care provided annually by each facility that	3365
provides care to trauma victims, and collection of any other	3366
information specified by the board. All persons designated by the	3367
board shall submit to the board any information it determines is	3368
necessary for maintaining the state trauma registry. At the	3369
request of the board any state agency possessing information	3370
regarding adult or pediatric trauma care shall provide the	3371
information to the board. The board shall maintain the state	3372
trauma registry in accordance with rules adopted under section	3373
4765.11 of the Revised Code.	3374

Rules relating to the state trauma registry adopted under	3375
this section and section 4765.11 of the Revised Code shall not	3376
prohibit the operation of other trauma registries and may provide	3377
for the reporting of information to the state trauma registry by	3378
or through other trauma registries in a manner consistent with	3379
information otherwise reported to the state trauma registry. Other	3380
trauma registries may report aggregate information to the state	3381
trauma registry, provided the information can be matched to the	3382
person that reported it. Information maintained by another trauma	3383
registry and reported to the state trauma registry in lieu of	3384
being reported directly to the state trauma registry is a public	3385
record and shall be maintained, made available to the public, held	3386
in confidence, risk adjusted, and not subject to discovery or	3387
introduction into evidence in a civil action as provided in	3388
section 149.43 of the Revised Code and this section. Any person	3389
who provides, maintains, or risk adjusts such information shall	3390
comply with this section and rules adopted under it in performing	3391
that function and has the same immunities with respect to that	3392
function as a person who performs that function with respect to	3393
the state trauma registry.	3394

(C) The board and any employee or contractor of the board or	3395
the department of public safety shall not make public information	3396
it receives under Chapter 4765. of the Revised Code that	3397
identifies or would tend to identify a specific recipient of	3398
emergency medical services or adult or pediatric trauma care.	3399

(D) Not later than two years after November 3, 2000, the	3400
board shall adopt and implement rules under section 4765.11 of the	3401
Revised Code that provide written standards and procedures for	3402
risk adjustment of information received by the board under Chapter	3403
4765. of the Revised Code. The rules shall be developed in	3404
consultation with appropriate medical, hospital, and emergency	3405
medical service organizations and may provide for risk adjustment	3406
by a contractor of the board. Except as provided in division (G)	3407
of this section, before risk adjustment standards and procedures	3408
are implemented, no member of the board and no employee or	3409
contractor of the board or the department of public safety shall	3410
make public information received by the board under Chapter 4765.	3411
of the Revised Code that identifies or would tend to identify a	3412
specific provider of emergency medical services or adult or	3413
pediatric trauma care. Except as provided in division (G) of this	3414
section, after risk adjustment standards and procedures are	3415
implemented, the board shall make public such information only on	3416
a risk adjusted basis.	3417

(E) The board shall adopt rules under section 4765.11 of the	3418
Revised Code that specify procedures for ensuring the	3419
confidentiality of information that is not to be made public under	3420
this section. The rules shall specify the circumstances in which	3421
deliberations of the persons performing risk adjustment functions	3422
under this section are not open to the public and records of those	3423
deliberations are maintained in confidence. Nothing in this	3424
section prohibits the board from making public statistical	3425
information that does not identify or tend to identify a specific	3426
recipient or provider of emergency medical services or adult or	3427
pediatric trauma care.	3428

(F) No provider that furnishes information to the board with	3429
respect to any patient the provider examined or treated shall,	3430
because of this furnishing, be deemed liable in damages to any	3431
person or be held to answer for betrayal of a professional	3432
confidence in the absence of willful or wanton misconduct. No such	3433
information shall be subject to introduction in evidence in any	3434
civil action against the provider. No provider that furnishes	3435
information to the board shall be liable for the misuse or	3436
improper release of the information by the board or any other	3437
person.	3438

No person who performs risk adjustment functions under this	3439
section shall, because of performing such functions, be held	3440
liable in a civil action for betrayal of professional confidence	3441
or otherwise in the absence of willful or wanton misconduct.	3442

(G) The board may transmit data that identifies or tends to	3443
identify a specific provider of emergency medical services care	3444
and has not been risk-adjusted from the emergency medical services	3445
incident reporting system directly to the national emergency	3446
medical services information system, pursuant to a written	3447
contract between the board and the federal agency that administers	3448
the national emergency medical services information system, which	3449
shall ensure to the maximum extent permitted by federal law that	3450
such agency shall use such data solely for inclusion in the	3451
national emergency medical services information system and shall	3452
not disclose such data to the public, through legal discovery, a	3453
freedom of information request, or otherwise, in a manner that	3454
identifies or tends to identify a specific provider of emergency	3455
medical services care.	3456

Sec. 4765.07. (A) The state board of emergency medical,	3457
fire, and transportation services shall adopt rules under section	3458
4765.11 of the Revised Code to establish and administer a grant	3459
program under which grants are distributed according to the	3460
following priorities:	3461

(1) First priority shall be given to emergency medical	3462
service organizations for the training of personnel, for the	3463
purchase of equipment and vehicles, and to improve the	3464
availability, accessibility, and quality of emergency medical	3465
services in this state. In this category, the board shall give	3466
priority to grants that fund training and equipping of emergency	3467
medical service personnel.	3468

(2) Second priority shall be given to entities that research,	3469
test, and evaluate medical procedures and systems related to adult	3470
and pediatric trauma care.	3471

(3) Third priority shall be given to entities that research	3472
the causes, nature, and effects of traumatic injuries, educate the	3473
public about injury prevention, and implement, test, and evaluate	3474
injury prevention strategies.	3475

(4) Fourth priority shall be given to entities that research,	3476
test, and evaluate procedures that promote the rehabilitation,	3477
retraining, and reemployment of adult or pediatric trauma victims	3478
and social service support mechanisms for adult or pediatric	3479
trauma victims and their families.	3480

(5) Fifth priority shall be given to entities that conduct	3481
research on, test, or evaluate one or more of the following:	3482

(a) Procedures governing the performance of emergency medical	3483
services in this state;	3484

(b) The training of emergency medical service personnel;

3485

3486

(6) For grants distributed for the grant award years	3487
occurring not later than the award year ending June 30, 2017,	3488
sixth priority shall be given to entities that operate paramedic	3489
training programs and are seeking national accreditation of the	3490
programs.	3491

(B) To be eligible for a grant distributed pursuant to	3492
division (A)(6) of this section, an applicant for the grant shall	3493
meet all of the following conditions:	3494

(1) Hold a certificate of accreditation issued by the board	3495
under section 4765.17 of the Revised Code to operate a paramedic	3496
training program;	3497

(2) Be seeking initial national accreditation of the program	3498
from an accrediting organization approved by the board;	3499

(3) Apply for the national accreditation on or after February	3500
25, 2010.	3501

(C) The grant program shall be funded from the trauma and	3502
emergency medical services fund created by section 4513.263 of the	3503
Revised Code.	3504

Sec. 4765.08. The state board of emergency medical, fire,	3505
and transportation services shall prepare a statewide emergency	3506
medical services plan and shall revise the plan as necessary.	3507

The board shall prepare a plan for the statewide regulation	3508
of emergency medical services during periods of disaster. The plan	3509
shall be consistent with the statewide emergency medical services	3510
plan required under this section and with the statewide emergency	3511
operations plan required under section 5502.22 of the Revised	3512
Code. The board shall submit the plan to the emergency management	3513
agency created under section 5502.22 of the Revised Code. The	3514
board shall cooperate with the agency in any other manner the	3515
agency considers necessary to develop and implement the statewide	3516
emergency operations plan.	3517

Sec. 4765.09. The state board of emergency medical, fire,	3518
and transportation services shall prepare recommendations for the	3519
operation of ambulance service organizations, air medical	3520
organizations, and emergency medical service organizations. Within	3521
thirty days following the preparation or modification of	3522
recommendations, the board shall notify the board of county	3523
commissioners of any county, the board of township trustees of any	3524
township, the board of trustees of any joint ambulance district,	3525
or the board of trustees of any joint emergency medical services	3526
district in which there exist ambulance service organizations, air	3527
medical organizations, or emergency medical service organizations	3528
of any board recommendations for the operation of such	3529
organizations. The recommendations shall include, but not be	3530
limited to:	3531

(A) The definition and classification of ambulances and	3532
medical aircraft;	3533

(B) The design, equipment, and supplies for ambulances and	3534
medical aircraft, including special equipment, supplies, training,	3535
and staffing required to assist pediatric and geriatric emergency	3536
victims;	3537

(C) The minimum number and type of personnel for the	3538
operation of ambulances and medical aircraft;	3539

(D) The communication systems necessary for the operation of	3540
ambulances and medical aircraft;	3541

(E) Reports to be made by persons holding certificates of	3542
accreditation or approval issued under section 4765.17 of the	3543
Revised Code and certificates to practice issued under section	3544
4765.30 of the Revised Code to ascertain compliance with this	3545
chapter and the rules and recommendations adopted thereunder and	3546
to ascertain the quantity and quality of ambulance service	3547
organizations, air medical organizations, and emergency medical	3548
service organizations throughout the state.	3549

Sec. 4765.10. (A) The state board of emergency medical,	3550
fire, and transportation services shall do all of the following:	3551

(1) Administer and enforce the provisions of this chapter and	3552
the rules adopted under it;	3553

(2) Approve, in accordance with procedures established in	3554
rules adopted under section 4765.11 of the Revised Code,	3555
examinations that demonstrate competence to have a certificate to	3556
practice renewed without completing a continuing education	3557
program;	3558

(3) Advise applicants for state or federal emergency medical	3559
services funds, review and comment on applications for these	3560
funds, and approve the use of all state and federal funds	3561
designated solely for emergency medical service programs unless	3562
federal law requires another state agency to approve the use of	3563
all such federal funds;	3564

(4) Serve as a statewide clearinghouse for discussion,	3565
inquiry, and complaints concerning emergency medical services;	3566

(5) Make recommendations to the general assembly on	3567
legislation to improve the delivery of emergency medical services;	3568

(6) Maintain a toll-free long distance telephone number	3569
through which it shall respond to questions about emergency	3570
medical services;	3571

(7) Work with appropriate state offices in coordinating the	3572
training of firefighters and emergency medical service personnel.	3573
Other state offices that are involved in the training of	3574
firefighters or emergency medical service personnel shall	3575
cooperate with the board and its committees and subcommittees to	3576
achieve this goal.	3577

(8) Provide a liaison to the state emergency operation center	3578
during those periods when a disaster, as defined in section	3579
5502.21 of the Revised Code, has occurred in this state and the	3580
governor has declared an emergency as defined in that section.	3581

(B) The board may do any of the following:

3582

(1) Investigate complaints concerning emergency medical	3583
services and emergency medical service organizations as it	3584
determines necessary;	3585

(2) Enter into reciprocal agreements with other states that	3586
have standards for accreditation of emergency medical services	3587
training programs and for certification of first responders,	3588
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety	3589
inspectors that are substantially similar to those established	3590
under this chapter and the rules adopted under it;	3591

(3) Establish a statewide public information system and	3592
public education programs regarding emergency medical services;	3593

(4) Establish an injury prevention program.

3594

Sec. 4765.101. (A) The state board of emergency medical,	3595
fire, and transportation services shall investigate any allegation	3596
that a person has violated this chapter or a rule adopted under	3597
it.	3598

Any person may submit to the board a written complaint	3599
regarding an alleged violation of this chapter or a rule adopted	3600
under it. In the absence of fraud or bad faith, no person	3601
submitting a complaint to the board or testifying in an	3602
adjudication hearing conducted in accordance with Chapter 119. of	3603
the Revised Code with regard to such an alleged violation shall be	3604
liable to any person in damages in a civil action as a result of	3605
submitting the complaint or providing testimony.	3606

(B) In investigating an allegation, the board may do any of	3607
the following:	3608

(1) Administer oaths;

3609

(2) Order the taking of depositions;

3610

(3) Issue subpoenas;

3611

(4) Compel the attendance of witnesses and production of	3612
books, accounts, papers, records, documents, and testimony.	3613

(C) A subpoena for patient record information shall not be	3614
issued without consultation with the attorney general's office and	3615
approval of the executive director of the board. Before issuance	3616
of a subpoena for patient record information, the executive	3617
director shall determine whether there is probable cause to	3618
believe that the complaint filed alleges a violation of this	3619
chapter or any rule adopted under it and that the records sought	3620
are relevant to the alleged violation and material to the	3621
investigation. The subpoena may apply only to records that cover a	3622
reasonable period of time surrounding the alleged violation.	3623

(D) On failure to comply with any subpoena issued by the	3624
board and after reasonable notice to the person being subpoenaed,	3625
the board may move, pursuant to the Rules of Civil Procedure, for	3626
an order compelling the production of persons or records.	3627

(E) A subpoena issued by the board may be served by a	3628
sheriff, the sheriff's deputy, or an investigator for the division	3629
of emergency medical services of the department of public safety.	3630
Service of a subpoena issued by the board may be made by	3631
delivering a copy of the subpoena to the person named in it,	3632
reading it to the person, or leaving it at the person's usual	3633
place of residence. When the person being served is an individual	3634
authorized by this chapter to practice emergency medical services,	3635
service of the subpoena may be made by certified mail, restricted	3636
delivery, return receipt requested, and the subpoena shall be	3637
deemed served on the date delivery is made or on the date that the	3638
person refuses to accept delivery.	3639

Sec. 4765.102. (A) As used in this section, "licensing	3640
agency" means any entity that has the authority pursuant to Title	3641
XLVII of the Revised Code to issue a license, and any other agency	3642
of this or another state, other than the Ohio supreme court, that	3643
has the authority to issue a license that authorizes an individual	3644
to engage in an occupation or profession. "Licensing agency"	3645
includes an administrative officer that has authority to issue a	3646
license that authorizes an individual to engage in an occupation	3647
or profession.	3648

(B) Except as provided in divisions (C) and (D) of this	3649
section and section 4765.111 of the Revised Code, all information	3650
the state board of emergency medical, fire, and transportation	3651
services receives pursuant to an investigation, including	3652
information regarding an alleged violation of this chapter or	3653
rules adopted under it or a complaint submitted under division (A)	3654
of section 4765.101 of the Revised Code, is confidential, and is	3655
not subject to discovery in any civil action, during the course of	3656
the investigation and any adjudication proceedings that result	3657
from the investigation. Upon completion of the investigation and	3658
any resulting adjudication proceedings, the information is a	3659
matter of public record for purposes of section 149.43 of the	3660
Revised Code.	3661

(C) The board may release information otherwise made	3662
confidential by division (B) of this section to law enforcement	3663
officers or licensing agencies of this or another state that are	3664
prosecuting, adjudicating, or investigating the holder of a	3665
certificate issued under this chapter or a person who allegedly	3666
engaged in the unauthorized provision of emergency medical	3667
services.	3668

A law enforcement officer or licensing agency with	3669
information disclosed by the board under this division shall not	3670
divulge the information other than for the purpose of an	3671
adjudication by a court or licensing agency to which the subject	3672
of the adjudication is a party.	3673

(D) If an investigation conducted under section 4765.101 of	3674
the Revised Code requires a review of patient records, the	3675
investigation and proceedings related to it shall be conducted in	3676
such a manner as to protect patient confidentiality. The board	3677
shall not make public the name or any other identifying	3678
information about a patient unless proper consent is given in	3679
accordance with rules adopted by the board. If the patient is less	3680
than eighteen years of age, the board shall obtain consent from	3681
the patient's parent, guardian, or custodian.	3682

Sec. 4765.11. (A) The state board of emergency medical,	3683
fire, and transportation services shall adopt, and may amend and	3684
rescind, rules in accordance with Chapter 119. of the Revised Code	3685
and division (C) of this section that establish all of the	3686
following:	3687

(1) Procedures for its governance and the control of its	3688
actions and business affairs;	3689

(2) Standards for the performance of emergency medical	3690
services by first responders, emergency medical technicians-basic,	3691
emergency medical technicians-intermediate, and emergency medical	3692
technicians-paramedic;	3693

(3) Application fees for certificates of accreditation,	3694
certificates of approval, certificates to teach, and certificates	3695
to practice, which shall be deposited into the trauma and	3696
emergency medical services fund created in section 4513.263 of the	3697
Revised Code;	3698

(4) Criteria for determining when the application or renewal	3699
fee for a certificate to practice may be waived because an	3700
applicant cannot afford to pay the fee;	3701

(5) Procedures for issuance and renewal of certificates of	3702
accreditation, certificates of approval, certificates to teach,	3703
and certificates to practice, including any procedures necessary	3704
to ensure that adequate notice of renewal is provided in	3705
accordance with division (D) of section 4765.30 of the Revised	3706
Code;	3707

(6) Procedures for suspending or revoking certificates of	3708
accreditation, certificates of approval, certificates to teach,	3709
and certificates to practice;	3710

(7) Grounds for suspension or revocation of a certificate to	3711
practice issued under section 4765.30 of the Revised Code and for	3712
taking any other disciplinary action against a first responder,	3713
EMT-basic, EMT-I, or paramedic;	3714

(8) Procedures for taking disciplinary action against a first	3715
responder, EMT-basic, EMT-I, or paramedic;	3716

(9) Standards for certificates of accreditation and	3717
certificates of approval;	3718

(10) Qualifications for certificates to teach;

3719

(11) Requirements for a certificate to practice;

3720

(12) The curricula, number of hours of instruction and	3721
training, and instructional materials to be used in adult and	3722
pediatric emergency medical services training programs and adult	3723
and pediatric emergency medical services continuing education	3724
programs;	3725

(13) Procedures for conducting courses in recognizing	3726
symptoms of life-threatening allergic reactions and in calculating	3727
proper dosage levels and administering injections of epinephrine	3728
to adult and pediatric patients who suffer life-threatening	3729
allergic reactions;	3730

(14) Examinations for certificates to practice;

3731

(15) Procedures for administering examinations for	3732
certificates to practice;	3733

(16) Procedures for approving examinations that demonstrate	3734
competence to have a certificate to practice renewed without	3735
completing an emergency medical services continuing education	3736
program;	3737

(17) Procedures for granting extensions and exemptions of	3738
emergency medical services continuing education requirements;	3739

(18) Procedures for approving the additional emergency	3740
medical services first responders are authorized by division (C)	3741
of section 4765.35 of the Revised Code to perform, EMTs-basic are	3742
authorized by division (C) of section 4765.37 of the Revised Code	3743
to perform, EMTs-I are authorized by division (B)(5) of section	3744
4765.38 of the Revised Code to perform, and paramedics are	3745
authorized by division (B)(6) of section 4765.39 of the Revised	3746
Code to perform;	3747

(19) Standards and procedures for implementing the	3748
requirements of section 4765.06 of the Revised Code, including	3749
designations of the persons who are required to report information	3750
to the board and the types of information to be reported;	3751

(20) Procedures for administering the emergency medical	3752
services grant program established under section 4765.07 of the	3753
Revised Code;	3754

(21) Procedures consistent with Chapter 119. of the Revised	3755
Code for appealing decisions of the board;	3756

(22) Minimum qualifications and peer review and quality	3757
improvement requirements for persons who provide medical direction	3758
to emergency medical service personnel;	3759

(23) The manner in which a patient, or a patient's parent,	3760
guardian, or custodian may consent to the board releasing	3761
identifying information about the patient under division (D) of	3762
section 4765.102 of the Revised Code;	3763

(24) Circumstances under which a training program or	3764
continuing education program, or portion of either type of	3765
program, may be taught by a person who does not hold a certificate	3766
to teach issued under section 4765.23 of the Revised Code;	3767

(25) Certification cycles for certificates issued under	3768
sections 4765.23 and 4765.30 of the Revised Code and certificates	3769
issued by the executive director of the state board of emergency	3770
medical, fire, and transportation services under section 4765.55	3771
of the Revised Code that establish a common expiration date for	3772
all certificates.	3773

(B) The board may adopt, and may amend and rescind, rules in	3774
accordance with Chapter 119. of the Revised Code and division (C)	3775
of this section that establish the following:	3776

(1) Specifications of information that may be collected under	3777
the trauma system registry and incidence reporting system created	3778
under section 4765.06 of the Revised Code;	3779

(2) Standards and procedures for implementing any of the	3780
recommendations made by any committees of the board or under	3781
section 4765.04 of the Revised Code;	3782

(3) Requirements that a person must meet to receive a	3783
certificate to practice as a first responder pursuant to division	3784
(A)(2) of section 4765.30 of the Revised Code;	3785

(4) Any other rules necessary to implement this chapter.

3786

(C) In developing and administering rules adopted under this	3787
chapter, the state board of emergency medical, fire, and	3788
transportation services shall consult with regional directors and	3789
regional physician advisory boards created by section 4765.05 of	3790
the Revised Code and emphasize the special needs of pediatric and	3791
geriatric patients.	3792

(D) Except as otherwise provided in this division, before	3793
adopting, amending, or rescinding any rule under this chapter, the	3794
board shall submit the proposed rule to the director of public	3795
safety for review. The director may review the proposed rule for	3796
not more than sixty days after the date it is submitted. If,	3797
within this sixty-day period, the director approves the proposed	3798
rule or does not notify the board that the rule is disapproved,	3799
the board may adopt, amend, or rescind the rule as proposed. If,	3800
within this sixty-day period, the director notifies the board that	3801
the proposed rule is disapproved, the board shall not adopt,	3802
amend, or rescind the rule as proposed unless at least twelve	3803
members of the board vote to adopt, amend, or rescind it.	3804

This division does not apply to an emergency rule adopted in	3805
accordance with section 119.03 of the Revised Code.	3806

Sec. 4765.111. Except as provided in this section or sections	3807
4765.112 to 4765.116 of the Revised Code, the state board of	3808
emergency medical, fire, and transportation services shall conduct	3809
disciplinary proceedings regarding the holder of a certificate	3810
issued under this chapter in accordance with rules adopted by the	3811
board under section 4765.11 of the Revised Code.	3812

The board and a holder of a certificate are the parties to a	3813
hearing conducted under this chapter. Either party may submit a	3814
written request to the other party for a list of witnesses and	3815
copies of documents intended to be introduced at the hearing. The	3816
request shall be in writing and shall be served not less than	3817
thirty-seven days prior to the commencement of the hearing, unless	3818
the hearing officer or presiding board member grants an extension	3819
of time to make the request. Not later than thirty days before the	3820
hearing, the responding party shall provide the requested list of	3821
witnesses and copies of documents to the requesting party, unless	3822
the hearing officer or presiding board member grants an extension	3823
of time to provide the list and copies.	3824

Failure to timely provide a list or copies requested in	3825
accordance with this section shall result in exclusion from the	3826
hearing of the witnesses, testimony, or documents.	3827

Sec. 4765.112. (A) The state board of emergency medical,	3828
fire, and transportation services, by an affirmative vote of the	3829
majority of its members, may suspend without a prior hearing a	3830
certificate to practice issued under this chapter if the board	3831
determines that there is clear and convincing evidence that	3832
continued practice by the certificate holder presents a danger of	3833
immediate and serious harm to the public and that the certificate	3834
holder has done any of the following:	3835

(1) Furnished false, fraudulent, or misleading information to	3836
the board;	3837

(2) Engaged in activities that exceed those permitted by the	3838
individual's certificate;	3839

(3) In a court of this or any other state or federal court	3840
been convicted of, pleaded guilty to, or been the subject of a	3841
judicial finding of guilt of, a judicial finding of guilt	3842
resulting from a plea of no contest to, or a judicial finding of	3843
eligibility for intervention in lieu of conviction for, a felony	3844
or for a misdemeanor committed in the course of practice or	3845
involving gross immorality or moral turpitude.	3846

(B) Immediately following the decision to impose a summary	3847
suspension, the board, in accordance with section 119.07 of the	3848
Revised Code, shall issue a written order of suspension, cause it	3849
to be delivered to the certificate holder, and notify the	3850
certificate holder of the opportunity for a hearing. If timely	3851
requested by the certificate holder, a hearing shall be conducted	3852
in accordance with section 4765.115 of the Revised Code.	3853

Sec. 4765.113. If the state board of emergency medical,	3854
fire, and transportation services imposes a suspension on the	3855
basis of a conviction, judicial finding, or plea as described in	3856
division (A)(3) of section 4765.112 of the Revised Code that is	3857
overturned on appeal, the certificate holder, on exhaustion of the	3858
criminal appeal process, may file with the board a petition for	3859
reconsideration of the suspension along with appropriate court	3860
documents. On receipt of the petition and documents, the board	3861
shall reinstate the certificate holder's certificate to practice.	3862

Sec. 4765.114. (A) A certificate to practice emergency	3863
medical services issued under this chapter is automatically	3864
suspended on the certificate holder's conviction of, plea of	3865
guilty to, or judicial finding of guilt of any of the following:	3866
aggravated murder, murder, voluntary manslaughter, felonious	3867
assault, kidnapping, rape, sexual battery, gross sexual	3868
imposition, aggravated arson, aggravated burglary, aggravated	3869
robbery, or a substantially equivalent offense committed in this	3870
or another jurisdiction. Continued practice after the suspension	3871
is practicing without a certificate.	3872

(B) If the state board of emergency medical, fire, and	3873
transportation services has knowledge that an automatic suspension	3874
has occurred, it shall notify, in accordance with section 119.07	3875
of the Revised Code, the certificate holder of the suspension and	3876
of the opportunity for a hearing. If timely requested by the	3877
certificate holder, a hearing shall be conducted in accordance	3878
with section 4765.115 of the Revised Code.	3879

Sec. 4765.115. (A) A suspension order issued under section	3880
4765.112 or automatic suspension under section 4765.114 of the	3881
Revised Code is not subject to suspension by a court prior to a	3882
hearing under this section or during the pendency of any appeal	3883
filed under section 119.12 of the Revised Code.	3884

(B) A suspension order issued under section 4765.112 or	3885
automatic suspension under section 4765.114 of the Revised Code	3886
remains in effect, unless reversed by the state board of emergency	3887
medical, fire, and transportation services, until a final	3888
adjudication order issued by the board pursuant to this section	3889
becomes effective.	3890

(C) Hearings requested pursuant to section 4765.112 or	3891
4765.114 of the Revised Code shall be conducted under this section	3892
in accordance with Chapter 119. of the Revised Code.	3893

(D) A hearing under this section shall be held not later than	3894
forty-five days but not earlier than forty days after the	3895
certificate holder requests it, unless another date is agreed to	3896
by the certificate holder and the board.	3897

(E) After completion of an adjudication hearing, the board	3898
may adopt, by an affirmative vote of the majority of its members,	3899
a final adjudication order that imposes any of the following	3900
sanctions:	3901

(1) Suspension of the holder's certificate to practice;

3902

(2) Revocation of the holder's certificate to practice;

3903

(3) Issuance of a written reprimand;

3904

(4) A refusal to renew or a limitation on the holder's	3905
certificate to practice.	3906

The board shall issue its final adjudication order not later	3907
than forty-five days after completion of an adjudication hearing.	3908
If the board does not issue a final order within that time period,	3909
the suspension order is void, but any final adjudication order	3910
subsequently issued is not affected.	3911

(F) Any action taken by the board under this section	3912
resulting in a suspension from practice shall be accompanied by a	3913
written statement of the conditions under which the certificate to	3914
practice may be reinstated. Reinstatement of a certificate	3915
suspended under this section requires an affirmative vote by the	3916
majority of the members of the board.	3917

(G) When the board revokes or refuses to reinstate a	3918
certificate to practice, the board may specify that its action is	3919
permanent. An individual subject to permanent action taken by the	3920
board is forever ineligible to hold a certificate of the type	3921
revoked or refused, and the board shall not accept from the	3922
individual an application for reinstatement of the certificate or	3923
for a new certificate.	3924

Sec. 4765.116. If a certificate holder subject to a	3925
suspension order issued by the state board of emergency medical,	3926
fire, and transportation services under section 4765.112 or an	3927
automatic suspension order under section 4765.114 of the Revised	3928
Code fails to make a timely request for a hearing, the following	3929
apply:	3930

(A) In the case of a certificate holder subject to a summary	3931
suspension order, the board is not required to hold a hearing, but	3932
may adopt, by an affirmative vote of a majority of its members, a	3933
final order that contains the board's findings. In the final	3934
order, the board may order any of the sanctions listed in division	3935
(E) of section 4765.115 of the Revised Code.	3936

(B) In the case of a certificate holder subject to an	3937
automatic suspension order, the board may adopt, by an affirmative	3938
vote of a majority of its members, a final order that permanently	3939
revokes the holder's certificate to practice.	3940

Sec. 4765.12. (A) Not later than two years after ~~the~~	3941
~~effective date of this section~~November 3, 2000, the state board	3942
of emergency medical, fire, and transportation services shall	3943
develop and distribute guidelines for the care of trauma victims	3944
by emergency medical service personnel and for the conduct of peer	3945
review and quality assurance programs by emergency medical service	3946
organizations. The guidelines shall be consistent with the state	3947
trauma triage protocols adopted in rules under sections 4765.11	3948
and 4765.40 of the Revised Code and shall place emphasis on the	3949
special needs of pediatric and geriatric trauma victims. In	3950
developing the guidelines, the board shall consult with entities	3951
with interests in trauma and emergency medical services and shall	3952
consider any relevant guidelines adopted by national	3953
organizations, including the American college of surgeons,	3954
American college of emergency physicians, and American academy of	3955
pediatrics. The board shall distribute the guidelines, and	3956
amendments to the guidelines, to each emergency medical service	3957
organization, regional director, regional physician advisory	3958
board, certified emergency medical service instructor, and person	3959
who regularly provides medical direction to emergency medical	3960
service personnel in this state.	3961

(B) Not later than three years after ~~the effective date of~~	3962
~~this section~~November 3, 2000, each emergency medical service	3963
organization in this state shall implement ongoing peer review and	3964
quality assurance programs designed to improve the availability	3965
and quality of the emergency medical services it provides. The	3966
form and content of the programs shall be determined by each	3967
emergency medical service organization. In implementing the	3968
programs, each emergency medical service organization shall	3969
consider how to improve its ability to provide effective trauma	3970
care, particularly for pediatric and geriatric trauma victims, and	3971
shall take into account the trauma care guidelines developed by	3972
the state board of emergency medical, fire, and transportation	3973
services under this section.	3974

Information generated solely for use in a peer review or	3975
quality assurance program conducted on behalf of an emergency	3976
medical service organization is not a public record under section	3977
149.43 of the Revised Code. Such information, and any discussion	3978
conducted in the course of a peer review or quality assurance	3979
program conducted on behalf of an emergency medical service	3980
organization, is not subject to discovery in a civil action and	3981
shall not be introduced into evidence in a civil action against	3982
the emergency medical service organization on whose behalf the	3983
information was generated or the discussion occurred.	3984

No emergency medical service organization on whose behalf a	3985
peer review or quality assurance program is conducted, and no	3986
person who conducts such a program, because of performing such	3987
functions, shall be liable in a civil action for betrayal of	3988
professional confidence or otherwise in the absence of willful or	3989
wanton misconduct.	3990

Sec. 4765.15. A person seeking to operate an emergency	3991
medical services training program shall submit a completed	3992
application for accreditation to the state board of emergency	3993
medical, fire, and transportation services on a form the board	3994
shall prescribe and furnish. The application shall be accompanied	3995
by the appropriate application fee established in rules adopted	3996
under section 4765.11 of the Revised Code.	3997

A person seeking to operate an emergency medical services	3998
continuing education program shall submit a completed application	3999
for approval to the board on a form the board shall prescribe and	4000
furnish. The application shall be accompanied by the appropriate	4001
application fee established in rules adopted under section 4765.11	4002
of the Revised Code.	4003

The board shall administer the accreditation and approval	4004
processes pursuant to rules adopted under section 4765.11 of the	4005
Revised Code. In administering these processes, the board may	4006
authorize other persons to evaluate applications for accreditation	4007
or approval and may accept the recommendations made by those	4008
persons.	4009

The board may cause an investigation to be made into the	4010
accuracy of the information submitted in any application for	4011
accreditation or approval. If an investigation indicates that	4012
false, misleading, or incomplete information has been submitted to	4013
the board in connection with any application for accreditation or	4014
approval, the board shall conduct a hearing on the matter in	4015
accordance with Chapter 119. of the Revised Code.	4016

Sec. 4765.16. (A) All courses offered through an emergency	4017
medical services training program or an emergency medical services	4018
continuing education program, other than ambulance driving, shall	4019
be developed under the direction of a physician who specializes in	4020
emergency medicine. Each course that deals with trauma care shall	4021
be developed in consultation with a physician who specializes in	4022
trauma surgery. Except as specified by the state board of	4023
emergency medical, fire, and transportation services pursuant to	4024
rules adopted under section 4765.11 of the Revised Code, each	4025
course offered through a training program or continuing education	4026
program shall be taught by a person who holds the appropriate	4027
certificate to teach issued under section 4765.23 of the Revised	4028
Code.	4029

(B) A training program for first responders shall meet the	4030
standards established in rules adopted by the board under section	4031
4765.11 of the Revised Code. The program shall include courses in	4032
both of the following areas for at least the number of hours	4033
established by the board's rules:	4034

(1) Emergency victim care;

4035

(2) Reading and interpreting a trauma victim's vital signs.

4036

(C) A training program for emergency medical	4037
technicians-basic shall meet the standards established in rules	4038
adopted by the board under section 4765.11 of the Revised Code.	4039
The program shall include courses in each of the following areas	4040
for at least the number of hours established by the board's rules:	4041

(1) Emergency victim care;

4042

(2) Reading and interpreting a trauma victim's vital signs;

4043

(3) Triage protocols for adult and pediatric trauma victims;

4044

(4) In-hospital training;

4045

(5) Clinical training;

4046

(6) Training as an ambulance driver.

4047

Each operator of a training program for emergency medical	4048
technicians-basic shall allow any pupil in the twelfth grade in a	4049
secondary school who is at least seventeen years old and who	4050
otherwise meets the requirements for admission into such a	4051
training program to be admitted to and complete the program and,	4052
as part of the training, to ride in an ambulance with emergency	4053
medical technicians-basic, emergency medical	4054
technicians-intermediate, and emergency medical	4055
technicians-paramedic. Each emergency medical service organization	4056
shall allow pupils participating in training programs to ride in	4057
an ambulance with emergency medical technicians-basic, advanced	4058
emergency medical technicians-intermediate, and emergency medical	4059
technicians-paramedic.	4060

(D) A training program for emergency medical	4061
technicians-intermediate shall meet the standards established in	4062
rules adopted by the board under section 4765.11 of the Revised	4063
Code. The program shall include, or require as a prerequisite, the	4064
training specified in division (C) of this section and courses in	4065
each of the following areas for at least the number of hours	4066
established by the board's rules:	4067

(1) Recognizing symptoms of life-threatening allergic	4068
reactions and in calculating proper dosage levels and	4069
administering injections of epinephrine to persons who suffer	4070
life-threatening allergic reactions, conducted in accordance with	4071
rules adopted by the board under section 4765.11 of the Revised	4072
Code;	4073

(2) Venous access procedures;

4074

(3) Cardiac monitoring and electrical interventions to	4075
support or correct the cardiac function.	4076

(E) A training program for emergency medical	4077
technicians-paramedic shall meet the standards established in	4078
rules adopted by the board under section 4765.11 of the Revised	4079
Code. The program shall include, or require as a prerequisite, the	4080
training specified in divisions (C) and (D) of this section and	4081
courses in each of the following areas for at least the number of	4082
hours established by the board's rules:	4083

(1) Medical terminology;

4084

(2) Venous access procedures;

4085

(3) Airway procedures;

4086

(4) Patient assessment and triage;

4087

(5) Acute cardiac care, including administration of	4088
parenteral injections, electrical interventions, and other	4089
emergency medical services;	4090

(6) Emergency and trauma victim care beyond that required	4091
under division (C) of this section;	4092

(7) Clinical training beyond that required under division (C)	4093
of this section.	4094

(F) A continuing education program for first responders,	4095
EMTs-basic, EMTs-I, or paramedics shall meet the standards	4096
established in rules adopted by the board under section 4765.11 of	4097
the Revised Code. A continuing education program shall include	4098
instruction and training in subjects established by the board's	4099
rules for at least the number of hours established by the board's	4100
rules.	4101

Sec. 4765.17. (A) The state board of emergency medical,	4102
fire, and transportation services shall issue the appropriate	4103
certificate of accreditation or certificate of approval to an	4104
applicant who is of good reputation and meets the requirements of	4105
section 4765.16 of the Revised Code. The board shall grant or deny	4106
a certificate of accreditation or certificate of approval within	4107
one hundred twenty days of receipt of the application. The board	4108
may issue or renew a certificate of accreditation or certificate	4109
of approval on a provisional basis to an applicant who is of good	4110
reputation and is in substantial compliance with the requirements	4111
of section 4765.16 of the Revised Code. The board shall inform an	4112
applicant receiving such a certificate of the conditions that must	4113
be met to complete compliance with section 4765.16 of the Revised	4114
Code.	4115

(B) Except as provided in division (C) of this section, a	4116
certificate of accreditation or certificate of approval is valid	4117
for up to five years and may be renewed by the board pursuant to	4118
procedures and standards established in rules adopted under	4119
section 4765.11 of the Revised Code. An application for renewal	4120
shall be accompanied by the appropriate renewal fee established in	4121
rules adopted under section 4765.11 of the Revised Code.	4122

(C) A certificate of accreditation or certificate of approval	4123
issued on a provisional basis is valid for the length of time	4124
established by the board. If the board finds that the holder of	4125
such a certificate has met the conditions it specifies under	4126
division (A) of this section, the board shall issue the	4127
appropriate certificate of accreditation or certificate of	4128
approval.	4129

(D) A certificate of accreditation is valid only for the	4130
emergency medical services training program or programs for which	4131
it is issued. The holder of a certificate of accreditation may	4132
apply to operate additional training programs in accordance with	4133
rules adopted by the board under section 4765.11 of the Revised	4134
Code. Any additional training programs shall expire on the	4135
expiration date of the applicant's current certificate. A	4136
certificate of approval is valid only for the emergency medical	4137
services continuing education program for which it is issued.	4138
Neither is transferable.	4139

(E) The holder of a certificate of accreditation or a	4140
certificate of approval may offer courses at more than one	4141
location in accordance with rules adopted under section 4765.11 of	4142
the Revised Code.	4143

Sec. 4765.18. The state board of emergency medical, fire,	4144
and transportation services may suspend or revoke a certificate of	4145
accreditation or a certificate of approval issued under section	4146
4765.17 of the Revised Code for any of the following reasons:	4147

(A) Violation of this chapter or any rule adopted under it;

4148

(B) Furnishing of false, misleading, or incomplete	4149
information to the board;	4150

(C) The signing of an application or the holding of a	4151
certificate of accreditation by a person who has pleaded guilty to	4152
or has been convicted of a felony, or has pleaded guilty to or	4153
been convicted of a crime involving moral turpitude;	4154

(D) The signing of an application or the holding of a	4155
certificate of accreditation by a person who is addicted to the	4156
use of any controlled substance or has been adjudicated	4157
incompetent for that purpose by a court, as provided in section	4158
5122.301 of the Revised Code;	4159

(E) Violation of any commitment made in an application for a	4160
certificate of accreditation or certificate of approval;	4161

(F) Presentation to prospective students of misleading,	4162
false, or fraudulent information relating to the emergency medical	4163
services training program or emergency medical services continuing	4164
education program, employment opportunities, or opportunities for	4165
enrollment in accredited institutions of higher education after	4166
entering or completing courses offered by the operator of a	4167
program;	4168

(G) Failure to maintain in a safe and sanitary condition	4169
premises and equipment used in conducting courses of study;	4170

(H) Failure to maintain financial resources adequate for the	4171
satisfactory conduct of courses of study or to retain a sufficient	4172
number of certified instructors;	4173

(I) Discrimination in the acceptance of students upon the	4174
basis of race, color, religion, sex, or national origin.	4175

Sec. 4765.22. A person seeking a certificate to teach in an	4176
emergency medical services training program or an emergency	4177
medical services continuing education program shall submit a	4178
completed application for certification to the state board of	4179
emergency medical, fire, and transportation services on a form the	4180
board shall prescribe and furnish. The application shall be	4181
accompanied by the appropriate application fee established in	4182
rules adopted under section 4765.11 of the Revised Code.	4183

Sec. 4765.23. The state board of emergency medical, fire,	4184
and transportation services shall issue a certificate to teach in	4185
an emergency medical services training program or an emergency	4186
medical services continuing education program to any applicant who	4187
it determines meets the qualifications established in rules	4188
adopted under section 4765.11 of the Revised Code. The certificate	4189
shall indicate each type of instruction and training the	4190
certificate holder may teach under the certificate.	4191

A certificate to teach shall have a certification cycle	4192
established by the board and may be renewed by the board pursuant	4193
to rules adopted under section 4765.11 of the Revised Code. An	4194
application for renewal shall be accompanied by the appropriate	4195
renewal fee established in rules adopted under section 4765.11 of	4196
the Revised Code.	4197

The board may suspend or revoke a certificate to teach	4198
pursuant to rules adopted under section 4765.11 of the Revised	4199
Code.	4200

Sec. 4765.28. A person seeking a certificate to practice as	4201
a first responder, emergency medical technician-basic, emergency	4202
medical technician-intermediate, or emergency medical	4203
technician-paramedic shall submit a completed application for	4204
certification to the state board of emergency medical, fire, and	4205
transportation services on a form the board shall prescribe and	4206
furnish. Except as provided in division (B) of section 4765.29 of	4207
the Revised Code, the application shall include evidence that the	4208
applicant received the appropriate certificate of completion	4209
pursuant to section 4765.24 of the Revised Code. The application	4210
shall be accompanied by the appropriate application fee	4211
established in rules adopted under section 4765.11 of the Revised	4212
Code, unless the board waives the fee on determining pursuant to	4213
those rules that the applicant cannot afford to pay the fee.	4214

Sec. 4765.29. (A) The state board of emergency medical,	4215
fire, and transportation services shall provide for the	4216
examination of applicants for certification to practice as first	4217
responders, emergency medical technicians-basic, emergency medical	4218
technicians-intermediate, and emergency medical	4219
technicians-paramedic. The examinations shall be established by	4220
the board in rules adopted under section 4765.11 of the Revised	4221
Code. The board may administer the examinations or contract with	4222
other persons to administer the examinations. In either case, the	4223
examinations shall be administered pursuant to procedures	4224
established in rules adopted under section 4765.11 of the Revised	4225
Code and shall be offered at various locations in the state	4226
selected by the board.	4227

Except as provided in division (B) of this section, an	4228
applicant shall not be permitted to take an examination for the	4229
same certificate to practice more than three times since last	4230
receiving the certificate of completion pursuant to section	4231
4765.24 of the Revised Code that qualifies the applicant to take	4232
the examination unless the applicant receives another certificate	4233
of completion that qualifies the applicant to take the	4234
examination.	4235

(B) On request of an applicant who fails three examinations	4236
for the same certificate to practice, the board may direct the	4237
applicant to complete a specific portion of an accredited	4238
emergency medical services training program. If the applicant	4239
provides satisfactory proof to the board that the applicant has	4240
successfully completed that portion of the program, the applicant	4241
shall be permitted to take the examination.	4242

Sec. 4765.30. (A)(1) The state board of emergency medical,	4243
fire, and transportation services shall issue a certificate to	4244
practice as a first responder to an applicant who meets all of the	4245
following conditions:	4246

(a) Except as provided in division (A)(2) of this section, is	4247
a volunteer for a nonprofit emergency medical service organization	4248
or a nonprofit fire department;	4249

(b) Holds the appropriate certificate of completion issued in	4250
accordance with section 4765.24 of the Revised Code;	4251

(c) Passes the appropriate examination conducted under	4252
section 4765.29 of the Revised Code;	4253

(d) Is not in violation of any provision of this chapter or	4254
the rules adopted under it;	4255

(e) Meets any other certification requirements established in	4256
rules adopted under section 4765.11 of the Revised Code.	4257

(2) The board may waive the requirement to be a volunteer for	4258
a nonprofit entity if the applicant meets other requirements	4259
established in rules adopted under division (B)(3) of section	4260
4765.11 of the Revised Code relative to a person's eligibility to	4261
practice as a first responder.	4262

(B) The state board of emergency medical, fire, and	4263
transportation services shall issue a certificate to practice as	4264
an emergency medical technician-basic to an applicant who meets	4265
all of the following conditions:	4266

(1) Holds a certificate of completion in emergency medical	4267
services training-basic issued in accordance with section 4765.24	4268
of the Revised Code;	4269

(2) Passes the examination for emergency medical	4270
technicians-basic conducted under section 4765.29 of the Revised	4271
Code;	4272

(3) Is not in violation of any provision of this chapter or	4273
the rules adopted under it;	4274

(4) Meets any other certification requirements established in	4275
rules adopted under section 4765.11 of the Revised Code.	4276

(C) The state board of emergency medical, fire, and	4277
transportation services shall issue a certificate to practice as	4278
an emergency medical technician-intermediate or emergency medical	4279
technician-paramedic to an applicant who meets all of the	4280
following conditions:	4281

(1) Holds a certificate to practice as an emergency medical	4282
technician-basic;	4283

(2) Holds the appropriate certificate of completion issued in	4284
accordance with section 4765.24 of the Revised Code;	4285

(3) Passes the appropriate examination conducted under	4286
section 4765.29 of the Revised Code;	4287

(4) Is not in violation of any provision of this chapter or	4288
the rules adopted under it;	4289

(5) Meets any other certification requirements established in	4290
rules adopted under section 4765.11 of the Revised Code.	4291

(D) A certificate to practice shall have a certification	4292
cycle established by the board and may be renewed by the board	4293
pursuant to rules adopted under section 4765.11 of the Revised	4294
Code. Not later than sixty days prior to the expiration date of an	4295
individual's certificate to practice, the board shall notify the	4296
individual of the scheduled expiration.	4297

An application for renewal shall be accompanied by the	4298
appropriate renewal fee established in rules adopted under section	4299
4765.11 of the Revised Code, unless the board waives the fee on	4300
determining pursuant to those rules that the applicant cannot	4301
afford to pay the fee. Except as provided in division (B) of	4302
section 4765.31 of the Revised Code, the application shall include	4303
evidence of either of the following:	4304

(1) That the applicant received a certificate of completion	4305
from the appropriate emergency medical services continuing	4306
education program pursuant to section 4765.24 of the Revised Code;	4307

(2) That the applicant has successfully passed an examination	4308
that demonstrates the competence to have a certificate renewed	4309
without completing an emergency medical services continuing	4310
education program. The board shall approve such examinations in	4311
accordance with rules adopted under section 4765.11 of the Revised	4312
Code.	4313

(E) The board shall not require an applicant for renewal of a	4314
certificate to practice to take an examination as a condition of	4315
renewing the certificate. This division does not preclude the use	4316
of examinations by operators of approved emergency medical	4317
services continuing education programs as a condition for issuance	4318
of a certificate of completion in emergency medical services	4319
continuing education.	4320

Sec. 4765.31. (A) Except as provided in division (B) of this	4321
section, a first responder, emergency medical technician-basic,	4322
emergency medical technician-intermediate, and emergency medical	4323
technician-paramedic shall complete an emergency medical services	4324
continuing education program or pass an examination approved by	4325
the state board of emergency medical, fire, and transportation	4326
services under division (A) of section 4765.10 of the Revised Code	4327
prior to the expiration of the individual's certificate to	4328
practice. Completion of the continuing education requirements for	4329
EMTs-I or paramedics satisfies the continuing education	4330
requirements for renewing the certificate to practice as an	4331
EMT-basic held by an EMT-I or paramedic.	4332

(B)(1) An applicant for renewal of a certificate to practice	4333
may apply to the board, in writing, for an extension to complete	4334
the continuing education requirements established under division	4335
(A) of this section. The board may grant such an extension and	4336
determine the length of the extension. The board may authorize the	4337
applicant to continue to practice during the extension as if the	4338
certificate to practice had not expired.	4339

(2) An applicant for renewal of a certificate to practice may	4340
apply to the board, in writing, for an exemption from the	4341
continuing education requirements established under division (A)	4342
of this section. The board may exempt an individual or a group of	4343
individuals from all or any part of the continuing education	4344
requirements due to active military service, unusual circumstance,	4345
emergency, special hardship, or any other cause considered	4346
reasonable by the board.	4347

(C) Decisions of whether to grant an extension or exemption	4348
under division (B) of this section shall be made by the board	4349
pursuant to procedures established in rules adopted under section	4350
4765.11 of the Revised Code.	4351

Sec. 4765.32. A current, valid certificate of accreditation	4352
issued under the provisions of former section 3303.11 or 3303.23	4353
of the Revised Code shall remain valid until one year after the	4354
expiration date of the certificate as determined by the provisions	4355
of those sections and shall confer the same privileges and impose	4356
the same responsibilities and requirements as a certificate of	4357
accreditation issued by the state board of emergency medical,	4358
fire, and transportation services under section 4765.17 of the	4359
Revised Code.	4360

A certificate to practice as an emergency medical	4361
technician-ambulance that is valid on November 24, 1995, shall be	4362
considered a certificate to practice as an emergency medical	4363
technician-basic. A certificate to practice as an advanced	4364
emergency medical technician-ambulance that is valid on November	4365
24, 1995, shall be considered a certificate to practice as an	4366
emergency medical technician-intermediate.	4367

Sec. 4765.33. The state board of emergency medical, fire,	4368
and transportation services may suspend or revoke certificates to	4369
practice issued under section 4765.30 of the Revised Code, and may	4370
take other disciplinary action against first responders, emergency	4371
medical technicians-basic, emergency medical	4372
technicians-intermediate, and emergency medical	4373
technicians-paramedic pursuant to rules adopted under section	4374
4765.11 of the Revised Code.	4375

Sec. 4765.37. (A) An emergency medical technician-basic	4376
shall perform the emergency medical services described in this	4377
section in accordance with this chapter and any rules adopted	4378
under it by the state board of emergency medical, fire, and	4379
transportation services.	4380

(B) An emergency medical technician-basic may operate, or be	4381
responsible for operation of, an ambulance and may provide	4382
emergency medical services to patients. In an emergency, an	4383
EMT-basic may determine the nature and extent of illness or injury	4384
and establish priority for required emergency medical services. An	4385
EMT-basic may render emergency medical services such as opening	4386
and maintaining an airway, giving positive pressure ventilation,	4387
cardiac resuscitation, electrical interventions with automated	4388
defibrillators to support or correct the cardiac function and	4389
other methods determined by the board, controlling of hemorrhage,	4390
treatment of shock, immobilization of fractures, bandaging,	4391
assisting in childbirth, management of mentally disturbed	4392
patients, initial care of poison and burn patients, and	4393
determining triage of adult and pediatric trauma victims. Where	4394
patients must in an emergency be extricated from entrapment, an	4395
EMT-basic may assess the extent of injury and render all possible	4396
emergency medical services and protection to the entrapped	4397
patient; provide light rescue services if an ambulance has not	4398
been accompanied by a specialized unit; and after extrication,	4399
provide additional care in sorting of the injured in accordance	4400
with standard emergency procedures.	4401

(C) An EMT-basic may perform any other emergency medical	4402
services approved pursuant to rules adopted under section 4765.11	4403
of the Revised Code. The board shall determine whether the nature	4404
of any such service requires that an EMT-basic receive	4405
authorization prior to performing the service.	4406

(D)(1) Except as provided in division (D)(2) of this section,	4407
if the board determines under division (C) of this section that a	4408
service requires prior authorization, the service shall be	4409
performed only pursuant to the written or verbal authorization of	4410
a physician or of the cooperating physician advisory board, or	4411
pursuant to an authorization transmitted through a direct	4412
communication device by a physician or registered nurse designated	4413
by a physician.	4414

(2) If communications fail during an emergency situation or	4415
the required response time prohibits communication, an EMT-basic	4416
may perform services subject to this division, if, in the judgment	4417
of the EMT-basic, the life of the patient is in immediate danger.	4418
Services performed under these circumstances shall be performed in	4419
accordance with the protocols for triage of adult and pediatric	4420
trauma victims established in rules adopted under sections 4765.11	4421
and 4765.40 of the Revised Code and any applicable protocols	4422
adopted by the emergency medical service organization with which	4423
the EMT-basic is affiliated.	4424

Sec. 4765.38. (A) An emergency medical	4425
technician-intermediate shall perform the emergency medical	4426
services described in this section in accordance with this chapter	4427
and any rules adopted under it.	4428

(B) An EMT-I may do any of the following:

4429

(1) Establish and maintain an intravenous lifeline that has	4430
been approved by a cooperating physician or physician advisory	4431
board;	4432

(2) Perform cardiac monitoring;

4433

(3) Perform electrical interventions to support or correct	4434
the cardiac function;	4435

(4) Administer epinephrine;

4436

(5) Determine triage of adult and pediatric trauma victims;

4437

(6) Perform any other emergency medical services approved	4438
pursuant to rules adopted under section 4765.11 of the Revised	4439
Code.	4440

(C)(1) Except as provided in division (C)(2) of this section,	4441
the services described in division (B) of this section shall be	4442
performed by an EMT-I only pursuant to the written or verbal	4443
authorization of a physician or of the cooperating physician	4444
advisory board, or pursuant to an authorization transmitted	4445
through a direct communication device by a physician or registered	4446
nurse designated by a physician.	4447

(2) If communications fail during an emergency situation or	4448
the required response time prohibits communication, an EMT-I may	4449
perform any of the services described in division (B) of this	4450
section, if, in the judgment of the EMT-I, the life of the patient	4451
is in immediate danger. Services performed under these	4452
circumstances shall be performed in accordance with the protocols	4453
for triage of adult and pediatric trauma victims established in	4454
rules adopted under sections 4765.11 and 4765.40 of the Revised	4455
Code and any applicable protocols adopted by the emergency medical	4456
service organization with which the EMT-I is affiliated.	4457

(D) In addition to, and in the course of, providing emergency	4458
medical treatment, an emergency medical technician-intermediate	4459
may withdraw blood as provided under sections 1547.11, 4506.17,	4460
and 4511.19 of the Revised Code. An emergency medical	4461
technician-intermediate shall withdraw blood in accordance with	4462
this chapter and any rules adopted under it by the state board of	4463
emergency medical, fire, and transportation services.	4464

Sec. 4765.39. (A) An emergency medical technician-paramedic	4465
shall perform the emergency medical services described in this	4466
section in accordance with this chapter and any rules adopted	4467
under it.	4468

(B) A paramedic may do any of the following:

4469

(1) Perform cardiac monitoring;

4470

(2) Perform electrical interventions to support or correct	4471
the cardiac function;	4472

(3) Perform airway procedures;

4473

(4) Perform relief of pneumothorax;

4474

(5) Administer appropriate drugs and intravenous fluids;

4475

(6) Determine triage of adult and pediatric trauma victims;

4476

(7) Perform any other emergency medical services, including	4477
life support or intensive care techniques, approved pursuant to	4478
rules adopted under section 4765.11 of the Revised Code.	4479

(C)(1) Except as provided in division (C)(2) of this section,	4480
the services described in division (B) of this section shall be	4481
performed by a paramedic only pursuant to the written or verbal	4482
authorization of a physician or of the cooperating physician	4483
advisory board, or pursuant to an authorization transmitted	4484
through a direct communication device by a physician or registered	4485
nurse designated by a physician.	4486

(2) If communications fail during an emergency situation or	4487
the required response time prohibits communication, a paramedic	4488
may perform any of the services described in division (B) of this	4489
section, if, in the paramedic's judgment, the life of the patient	4490
is in immediate danger. Services performed under these	4491
circumstances shall be performed in accordance with the protocols	4492
for triage of adult and pediatric trauma victims established in	4493
rules adopted under sections 4765.11 and 4765.40 of the Revised	4494
Code and any applicable protocols adopted by the emergency medical	4495
service organization with which the paramedic is affiliated.	4496

(D) In addition to, and in the course of, providing emergency	4497
medical treatment, an emergency medical technician-paramedic may	4498
withdraw blood as provided under sections 1547.11, 4506.17, and	4499
4511.19 of the Revised Code. An emergency medical	4500
technician-paramedic shall withdraw blood in accordance with this	4501
chapter and any rules adopted under it by the state board of	4502
emergency medical, fire, and transportation services.	4503

Sec. 4765.40. (A)(1) Not later than two years after ~~the~~	4504
~~effective date of this amendment~~November 3, 2000, the state board	4505
of emergency medical, fire, and transportation services shall	4506
adopt rules under section 4765.11 of the Revised Code establishing	4507
written protocols for the triage of adult and pediatric trauma	4508
victims. The rules shall define adult and pediatric trauma in a	4509
manner that is consistent with section 4765.01 of the Revised	4510
Code, minimizes overtriage and undertriage, and emphasizes the	4511
special needs of pediatric and geriatric trauma patients.	4512

(2) The state triage protocols adopted under division (A) of	4513
this section shall require a trauma victim to be transported	4514
directly to an adult or pediatric trauma center that is qualified	4515
to provide appropriate adult or pediatric trauma care, unless one	4516
or more of the following exceptions applies:	4517

(a) It is medically necessary to transport the victim to	4518
another hospital for initial assessment and stabilization before	4519
transfer to an adult or pediatric trauma center;	4520

(b) It is unsafe or medically inappropriate to transport the	4521
victim directly to an adult or pediatric trauma center due to	4522
adverse weather or ground conditions or excessive transport time;	4523

(c) Transporting the victim to an adult or pediatric trauma	4524
center would cause a shortage of local emergency medical service	4525
resources;	4526

(d) No appropriate adult or pediatric trauma center is able	4527
to receive and provide adult or pediatric trauma care to the	4528
trauma victim without undue delay;	4529

(e) Before transport of a patient begins, the patient	4530
requests to be taken to a particular hospital that is not a trauma	4531
center or, if the patient is less than eighteen years of age or is	4532
not able to communicate, such a request is made by an adult member	4533
of the patient's family or a legal representative of the patient.	4534

(3)(a) The state triage protocols adopted under division (A)	4535
of this section shall require trauma patients to be transported to	4536
an adult or pediatric trauma center that is able to provide	4537
appropriate adult or pediatric trauma care, but shall not require	4538
a trauma patient to be transported to a particular trauma center.	4539
The state triage protocols shall establish one or more procedures	4540
for evaluating whether an injury victim requires or would benefit	4541
from adult or pediatric trauma care, which procedures shall be	4542
applied by emergency medical service personnel based on the	4543
patient's medical needs. In developing state trauma triage	4544
protocols, the board shall consider relevant model triage rules	4545
and shall consult with the commission on minority health, regional	4546
directors, regional physician advisory boards, and appropriate	4547
medical, hospital, and emergency medical service organizations.	4548

(b) Before the joint committee on agency rule review	4549
considers state triage protocols for trauma victims proposed by	4550
the state board of emergency medical, fire, and transportation	4551
services, or amendments thereto, the board shall send a copy of	4552
the proposal to the Ohio chapter of the American college of	4553
emergency physicians, the Ohio chapter of the American college of	4554
surgeons, the Ohio chapter of the American academy of pediatrics,	4555
OHA: the association for hospitals and health systems, the Ohio	4556
osteopathic association, and the association of Ohio children's	4557
hospitals and shall hold a public hearing at which it must	4558
consider the appropriateness of the protocols to minimize	4559
overtriage and undertriage of trauma victims.	4560

(c) The board shall provide copies of the state triage	4561
protocols, and amendments to the protocols, to each emergency	4562
medical service organization, regional director, regional	4563
physician advisory board, certified emergency medical service	4564
instructor, and person who regularly provides medical direction to	4565
emergency medical service personnel in the state; to each medical	4566
service organization in other jurisdictions that regularly provide	4567
emergency medical services in this state; and to others upon	4568
request.	4569

(B)(1) The state board of emergency medical, fire, and	4570
transportation services shall approve regional protocols for the	4571
triage of adult and pediatric trauma victims, and amendments to	4572
such protocols, that are submitted to the board as provided in	4573
division (B)(2) of this section and provide a level of adult and	4574
pediatric trauma care comparable to the state triage protocols	4575
adopted under division (A) of this section. The board shall not	4576
otherwise approve regional triage protocols for trauma victims.	4577
The board shall not approve regional triage protocols for regions	4578
that overlap and shall resolve any such disputes by apportioning	4579
the overlapping territory among appropriate regions in a manner	4580
that best serves the medical needs of the residents of that	4581
territory. The trauma committee of the board shall have reasonable	4582
opportunity to review and comment on regional triage protocols and	4583
amendments to such protocols before the board approves or	4584
disapproves them.	4585

(2) Regional protocols for the triage of adult and pediatric	4586
trauma victims, and amendments to such protocols, shall be	4587
submitted in writing to the state board of emergency medical,	4588
fire, and transportation services by the regional physician	4589
advisory board or regional director, as appropriate, that serves a	4590
majority of the population in the region in which the protocols	4591
apply. Prior to submitting regional triage protocols, or an	4592
amendment to such protocols, to the state board of emergency	4593
medical, fire, and transportation services, a regional physician	4594
advisory board or regional director shall consult with each of the	4595
following that regularly serves the region in which the protocols	4596
apply:	4597

(a) Other regional physician advisory boards and regional	4598
directors;	4599

(b) Hospitals that operate an emergency facility;

4600

4601

(d) Professional societies of physicians who specialize in	4602
adult or pediatric emergency medicine or adult or pediatric trauma	4603
surgery;	4604

(e) Professional societies of nurses who specialize in adult	4605
or pediatric emergency nursing or adult or pediatric trauma	4606
surgery;	4607

(f) Professional associations or labor organizations of	4608
emergency medical service personnel;	4609

(g) Emergency medical service organizations and medical	4610
directors of such organizations;	4611

(h) Certified emergency medical service instructors.

4612

(3) Regional protocols for the triage of adult and pediatric	4613
trauma victims approved under division (B)(2) of this section	4614
shall require patients to be transported to a trauma center that	4615
is able to provide an appropriate level of adult or pediatric	4616
trauma care; shall not discriminate among trauma centers for	4617
reasons not related to a patient's medical needs; shall seek to	4618
minimize undertriage and overtriage; may include any of the	4619
exceptions in division (A)(2) of this section; and supersede the	4620
state triage protocols adopted under division (A) of this section	4621
in the region in which the regional protocols apply.	4622

(4) Upon approval of regional protocols for the triage of	4623
adult and pediatric trauma victims under division (B)(2) of this	4624
section, or an amendment to such protocols, the state board of	4625
emergency medical, fire, and transportation services shall provide	4626
written notice of the approval and a copy of the protocols or	4627
amendment to each entity in the region in which the protocols	4628
apply to which the board is required to send a copy of the state	4629
triage protocols adopted under division (A) of this section.	4630

(C)(1) The state board of emergency medical, fire, and	4631
transportation services shall review the state triage protocols	4632
adopted under division (A) of this section at least every three	4633
years to determine if they are causing overtriage or undertriage	4634
of trauma patients, and shall modify them as necessary to minimize	4635
overtriage and undertriage.	4636

(2) Each regional physician advisory board or regional	4637
director that has had regional triage protocols approved under	4638
division (B)(2) of this section shall review the protocols at	4639
least every three years to determine if they are causing	4640
overtriage or undertriage of trauma patients and shall submit an	4641
appropriate amendment to the state board, as provided in division	4642
(B) of this section, as necessary to minimize overtriage and	4643
undertriage. The state board shall approve the amendment if it	4644
will reduce overtriage or undertriage while complying with	4645
division (B) of this section, and shall not otherwise approve the	4646
amendment.	4647

(D) No provider of emergency medical services or person who	4648
provides medical direction to emergency medical service personnel	4649
in this state shall fail to comply with the state triage protocols	4650
adopted under division (A) of this section or applicable regional	4651
triage protocols approved under division (B)(2) of this section.	4652

(E) The state board of emergency medical, fire, and	4653
transportation services shall adopt rules under section 4765.11 of	4654
the Revised Code that provide for enforcement of the state triage	4655
protocols adopted under division (A) of this section and regional	4656
triage protocols approved under division (B)(2) of this section,	4657
and for education regarding those protocols for emergency medical	4658
service organizations and personnel, regional directors and	4659
regional physician advisory boards, emergency medical service	4660
instructors, and persons who regularly provide medical direction	4661
to emergency medical service personnel in this state.	4662

Sec. 4765.42. Each emergency medical service organization	4663
shall give notice of the name of its medical director or the names	4664
of the members of its cooperating physician advisory board to the	4665
state board of emergency medical, fire, and transportation	4666
services. The notice shall be made in writing.	4667

Sec. 4765.48. The attorney general, the prosecuting attorney	4668
of the county, or the city director of law shall, upon complaint	4669
of the state board of emergency medical, fire, and transportation	4670
services, prosecute to termination or bring an action for	4671
injunction against any person violating this chapter or the rules	4672
adopted under it. The common pleas court in which an action for	4673
injunction is filed has the jurisdiction to grant injunctive	4674
relief upon a showing that the respondent named in the complaint	4675
is in violation of this chapter or the rules adopted under it.	4676

Sec. 4765.49. (A) A first responder, emergency medical	4677
technician-basic, emergency medical technician-intermediate, or	4678
emergency medical technician-paramedic is not liable in damages in	4679
a civil action for injury, death, or loss to person or property	4680
resulting from the individual's administration of emergency	4681
medical services, unless the services are administered in a manner	4682
that constitutes willful or wanton misconduct. A physician or	4683
registered nurse designated by a physician, who is advising or	4684
assisting in the emergency medical services by means of any	4685
communication device or telemetering system, is not liable in	4686
damages in a civil action for injury, death, or loss to person or	4687
property resulting from the individual's advisory communication or	4688
assistance, unless the advisory communication or assistance is	4689
provided in a manner that constitutes willful or wanton	4690
misconduct. Medical directors and members of cooperating physician	4691
advisory boards of emergency medical service organizations are not	4692
liable in damages in a civil action for injury, death, or loss to	4693
person or property resulting from their acts or omissions in the	4694
performance of their duties, unless the act or omission	4695
constitutes willful or wanton misconduct.	4696

(B) A political subdivision, joint ambulance district, joint	4697
emergency medical services district, or other public agency, and	4698
any officer or employee of a public agency or of a private	4699
organization operating under contract or in joint agreement with	4700
one or more political subdivisions, that provides emergency	4701
medical services, or that enters into a joint agreement or a	4702
contract with the state, any political subdivision, joint	4703
ambulance district, or joint emergency medical services district	4704
for the provision of emergency medical services, is not liable in	4705
damages in a civil action for injury, death, or loss to person or	4706
property arising out of any actions taken by a first responder,	4707
EMT-basic, EMT-I, or paramedic working under the officer's or	4708
employee's jurisdiction, or for injury, death, or loss to person	4709
or property arising out of any actions of licensed medical	4710
personnel advising or assisting the first responder, EMT-basic,	4711
EMT-I, or paramedic, unless the services are provided in a manner	4712
that constitutes willful or wanton misconduct.	4713

(C) A student who is enrolled in an emergency medical	4714
services training program accredited under section 4765.17 of the	4715
Revised Code or an emergency medical services continuing education	4716
program approved under that section is not liable in damages in a	4717
civil action for injury, death, or loss to person or property	4718
resulting from either of the following:	4719

(1) The student's administration of emergency medical	4720
services or patient care or treatment, if the services, care, or	4721
treatment is administered while the student is under the direct	4722
supervision and in the immediate presence of an EMT-basic, EMT-I,	4723
paramedic, registered nurse, or physician and while the student is	4724
receiving clinical training that is required by the program,	4725
unless the services, care, or treatment is provided in a manner	4726
that constitutes willful or wanton misconduct;	4727

(2) The student's training as an ambulance driver, unless the	4728
driving is done in a manner that constitutes willful or wanton	4729
misconduct.	4730

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	4731
holds a valid commercial driver's license issued pursuant to	4732
Chapter 4506. of the Revised Code or driver's license issued	4733
pursuant to Chapter 4507. of the Revised Code and who is employed	4734
by an emergency medical service organization that is not owned or	4735
operated by a political subdivision as defined in section 2744.01	4736
of the Revised Code, is not liable in damages in a civil action	4737
for injury, death, or loss to person or property that is caused by	4738
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	4739
or other operator while responding to or completing a call for	4740
emergency medical services, unless the operation constitutes	4741
willful or wanton misconduct or does not comply with the	4742
precautions of section 4511.03 of the Revised Code. An emergency	4743
medical service organization is not liable in damages in a civil	4744
action for any injury, death, or loss to person or property that	4745
is caused by the operation of an ambulance by its employee or	4746
agent, if this division grants the employee or agent immunity from	4747
civil liability for the injury, death, or loss.	4748

(E) An employee or agent of an emergency medical service	4749
organization who receives requests for emergency medical services	4750
that are directed to the organization, dispatches first	4751
responders, EMTs-basic, EMTs-I, or paramedics in response to those	4752
requests, communicates those requests to those employees or agents	4753
of the organization who are authorized to dispatch first	4754
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	4755
combination of these functions for the organization, is not liable	4756
in damages in a civil action for injury, death, or loss to person	4757
or property resulting from the individual's acts or omissions in	4758
the performance of those duties for the organization, unless an	4759
act or omission constitutes willful or wanton misconduct.	4760

(F) A person who is performing the functions of a first	4761
responder, EMT-basic, EMT-I, or paramedic under the authority of	4762
the laws of a state that borders this state and who provides	4763
emergency medical services to or transportation of a patient in	4764
this state is not liable in damages in a civil action for injury,	4765
death, or loss to person or property resulting from the person's	4766
administration of emergency medical services, unless the services	4767
are administered in a manner that constitutes willful or wanton	4768
misconduct. A physician or registered nurse designated by a	4769
physician, who is licensed to practice in the adjoining state and	4770
who is advising or assisting in the emergency medical services by	4771
means of any communication device or telemetering system is not	4772
liable in damages in a civil action for injury, death, or loss to	4773
person or property resulting from the person's advisory	4774
communication or assistance, unless the advisory communication or	4775
assistance is provided in a manner that constitutes willful or	4776
wanton misconduct.	4777

(G) A person certified under section 4765.23 of the Revised	4778
Code to teach in an emergency medical services training program or	4779
emergency medical services continuing education program, and a	4780
person who teaches at the Ohio fire academy established under	4781
section 3737.33 of the Revised Code or in a fire service training	4782
program described in division (A) of section 4765.55 of the	4783
Revised Code, is not liable in damages in a civil action for	4784
injury, death, or loss to person or property resulting from the	4785
person's acts or omissions in the performance of the person's	4786
duties, unless an act or omission constitutes willful or wanton	4787
misconduct.	4788

(H) In the accreditation of emergency medical services	4789
training programs or approval of emergency medical services	4790
continuing education programs, the state board of emergency	4791
medical, fire, and transportation services and any person or	4792
entity authorized by the board to evaluate applications for	4793
accreditation or approval are not liable in damages in a civil	4794
action for injury, death, or loss to person or property resulting	4795
from their acts or omissions in the performance of their duties,	4796
unless an act or omission constitutes willful or wanton	4797
misconduct.	4798

(I) A person authorized by an emergency medical service	4799
organization to review the performance of first responders,	4800
EMTs-basic, EMTs-I, and paramedics or to administer quality	4801
assurance programs is not liable in damages in a civil action for	4802
injury, death, or loss to person or property resulting from the	4803
person's acts or omissions in the performance of the person's	4804
duties, unless an act or omission constitutes willful or wanton	4805
misconduct.	4806

Sec. 4765.55. (A) The executive director of the state board	4807
of emergency medical, fire, and transportation services, with the	4808
advice and counsel of the firefighter and fire safety inspector	4809
training committee of the state board of emergency medical, fire,	4810
and transportation services, shall assist in the establishment and	4811
maintenance by any state agency, or any county, township, city,	4812
village, school district, or educational service center of a fire	4813
service training program for the training of all persons in	4814
positions of any fire training certification level approved by the	4815
executive director, including full-time paid firefighters,	4816
part-time paid firefighters, volunteer firefighters, and, fire	4817
safety inspectors in this state. The executive director, with the	4818
advice and counsel of the committee, shall adopt rules to regulate	4819
those firefighter and fire safety inspector training programs, and	4820
other training programs approved by the executive director. The	4821
rules may include, but need not be limited to, training	4822
curriculum, certification examinations, training schedules,	4823
minimum hours of instruction, attendance requirements, required	4824
equipment and facilities, basic physical requirements, and methods	4825
of training for all persons in positions of any fire training	4826
certification level approved by the executive director, including	4827
full-time paid firefighters, part-time paid firefighters,	4828
volunteer firefighters, and fire safety inspectors. The rules	4829
adopted to regulate training programs for volunteer firefighters	4830
shall not require more than thirty-six hours of training.	4831

The executive director, with the advice and counsel of the	4832
committee, shall provide for the classification and chartering of	4833
fire service training programs in accordance with rules adopted	4834
under division (B) of this section, and may take action against	4835
any chartered training program or applicant, in accordance with	4836
rules adopted under divisions (B)(4) and (5) of this section, for	4837
failure to meet standards set by the adopted rules.	4838

(B) The executive director, with the advice and counsel of	4839
the firefighter and fire safety inspector training committee of	4840
the state board of emergency medical, fire, and transportation	4841
services, shall adopt, and may amend or rescind, rules under	4842
Chapter 119. of the Revised Code that establish all of the	4843
following:	4844

(1) Requirements for, and procedures for chartering, the	4845
training programs regulated by this section;	4846

(2) Requirements for, and requirements and procedures for	4847
obtaining and renewing, an instructor certificate to teach the	4848
training programs and continuing education classes regulated by	4849
this section;	4850

(3) Requirements for, and requirements and procedures for	4851
obtaining and renewing, any of the fire training certificates	4852
regulated by this section;	4853

(4) Grounds and procedures for suspending, revoking,	4854
restricting, or refusing to issue or renew any of the certificates	4855
or charters regulated by this section, which grounds shall be	4856
limited to one of the following:	4857

(a) Failure to satisfy the education or training requirements	4858
of this section;	4859

(b) Conviction of a felony offense;

4860

4861

(d) Conviction of a misdemeanor committed in the course of	4862
practice;	4863

(e) In the case of a chartered training program or applicant,	4864
failure to meet standards set by the rules adopted under this	4865
division.	4866

(5) Grounds and procedures for imposing and collecting fines,	4867
not to exceed one thousand dollars, in relation to actions taken	4868
under division (B)(4) of this section against persons holding	4869
certificates and charters regulated by this section, the fines to	4870
be deposited into the trauma and emergency medical services fund	4871
established under section 4513.263 of the Revised Code;	4872

(6) Continuing education requirements for certificate	4873
holders, including a requirement that credit shall be granted for	4874
in-service training programs conducted by local entities;	4875

(7) Procedures for considering the granting of an extension	4876
or exemption of fire service continuing education requirements;	4877

(8) Certification cycles for which the certificates and	4878
charters regulated by this section are valid.	4879

(C) The executive director, with the advice and counsel of	4880
the firefighter and fire safety inspector training committee of	4881
the state board of emergency medical, fire, and transportation	4882
services, shall issue or renew an instructor certificate to teach	4883
the training programs and continuing education classes regulated	4884
by this section to any applicant that the executive director	4885
determines meets the qualifications established in rules adopted	4886
under division (B) of this section, and may take disciplinary	4887
action against an instructor certificate holder or applicant in	4888
accordance with rules adopted under division (B) of this section.	4889
The executive director, with the advice and counsel of the	4890
committee, shall charter or renew the charter of any training	4891
program that the executive director determines meets the	4892
qualifications established in rules adopted under division (B) of	4893
this section, and may take disciplinary action against the holder	4894
of a charter in accordance with rules adopted under division (B)	4895
of this section.	4896

(D) The executive director shall issue or renew a fire	4897
training certificate for a firefighter, a fire safety inspector,	4898
or another position of any fire training certification level	4899
approved by the executive director, to any applicant that the	4900
executive director determines meets the qualifications established	4901
in rules adopted under division (B) of this section and may take	4902
disciplinary actions against a certificate holder or applicant in	4903
accordance with rules adopted under division (B) of this section.	4904

(E) Certificates issued under this section shall be on a form	4905
prescribed by the executive director, with the advice and counsel	4906
of the firefighter and fire safety inspector training committee of	4907
the state board of emergency medical, fire, and transportation	4908
services.	4909

(F)(1) The executive director, with the advice and counsel of	4910
the firefighter and fire safety inspector training committee of	4911
the state board of emergency medical, fire, and transportation	4912
services, shall establish criteria for evaluating the standards	4913
maintained by other states and the branches of the United States	4914
military for firefighter, fire safety inspector, and fire	4915
instructor training programs, and other training programs	4916
recognized by the executive director, to determine whether the	4917
standards are equivalent to those established under this section	4918
and shall establish requirements and procedures for issuing a	4919
certificate to each person who presents proof to the executive	4920
director of having satisfactorily completed a training program	4921
that meets those standards.	4922

(2) The executive director, with the committee's advice and	4923
counsel, shall adopt rules establishing requirements and	4924
procedures for issuing a fire training certificate in lieu of	4925
completing a chartered training program.	4926

(G) Nothing in this section invalidates any other section of	4927
the Revised Code relating to the fire training academy. Section	4928
4765.11 of the Revised Code does not affect any powers and duties	4929
granted to the executive director under this section.	4930

Sec. 4765.56. On receipt of a notice pursuant to section	4931
3123.43 of the Revised Code, the state board of emergency medical,	4932
fire, and transportation services shall comply with sections	4933
3123.41 to 3123.50 of the Revised Code and any applicable rules	4934
adopted under section 3123.63 of the Revised Code with respect to	4935
a certificate to practice issued pursuant to this chapter.	4936

Sec. 4766.01. As used in this chapter:

4937

(A) "Advanced life support" means treatment described in	4938
section 4765.39 of the Revised Code that a paramedic is certified	4939
to perform.	4940

(B) "Air medical service organization" means an organization	4941
that furnishes, conducts, maintains, advertises, promotes, or	4942
otherwise engages in providing medical services with a rotorcraft	4943
air ambulance or fixed wing air ambulance.	4944

(C) "Air medical transportation" means the transporting of a	4945
patient by rotorcraft air ambulance or fixed wing air ambulance	4946
with appropriately licensed and certified medical personnel.	4947

(D) "Ambulance" means any motor vehicle that is specifically	4948
designed, constructed, or modified and equipped and is intended to	4949
be used to provide basic life support, intermediate life support,	4950
advanced life support, or mobile intensive care unit services and	4951
transportation upon the streets or highways of this state of	4952
persons who are seriously ill, injured, wounded, or otherwise	4953
incapacitated or helpless. "Ambulance" does not include air	4954
medical transportation or a vehicle designed and used solely for	4955
the transportation of nonstretcher-bound persons, whether	4956
hospitalized or handicapped or whether ambulatory or confined to a	4957
wheelchair.	4958

(E) "Ambulette" means a motor vehicle that is specifically	4959
designed, constructed, or modified and equipped and is intended to	4960
be used for transportation upon the streets or highways of this	4961
state of persons who require use of a wheelchair.	4962

(F) "Basic life support" means treatment described in section	4963
4765.37 of the Revised Code that an ~~EMT-basic~~EMT is certified to	4964
perform.	4965

(G) "Disaster situation" means any condition or situation	4966
described by rule of the ~~Ohio~~state board of emergency medical,	4967
fire, and transportation ~~board~~services as a mass casualty, major	4968
emergency, natural disaster, or national emergency.	4969

(H) "Emergency medical service organization" means an	4970
organization that uses ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, or	4971
paramedics, or a combination of ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, and	4972
paramedics, to provide medical care to victims of illness or	4973
injury. An emergency medical service organization includes, but is	4974
not limited to, a commercial ambulance service organization, a	4975
hospital, and a funeral home.	4976

(I) "~~EMT-basic~~EMT," "~~EMT-I~~AEMT," and "paramedic" have the	4977
same meanings as in ~~section~~sections 4765.01 and 4765.011 of the	4978
Revised Code.	4979

(J) "Fixed wing air ambulance" means a fixed wing aircraft	4980
that is specifically designed, constructed, or modified and	4981
equipped and is intended to be used as a means of air medical	4982
transportation.	4983

(K) "Intermediate life support" means treatment described in	4984
section 4765.38 of the Revised Code that an ~~EMT-I~~AEMT is	4985
certified to perform.	4986

(L) "Major emergency" means any emergency event that cannot	4987
be resolved through the use of locally available emergency	4988
resources.	4989

(M) "Mass casualty" means an emergency event that results in	4990
ten or more persons being injured, incapacitated, made ill, or	4991
killed.	4992

(N) "Medical emergency" means an unforeseen event affecting	4993
an individual in such a manner that a need for immediate care is	4994
created.	4995

(O) "Mobile intensive care unit" means an ambulance used only	4996
for maintaining specialized or intensive care treatment and used	4997
primarily for interhospital transports of patients whose	4998
conditions require care beyond the scope of a paramedic as	4999
provided in section 4765.39 of the Revised Code.	5000

(P)(1) "Nonemergency medical service organization" means a	5001
person that does both of the following:	5002

(a) Provides services to the public on a regular basis for	5003
the purpose of transporting individuals who require the use of a	5004
wheelchair or are confined to a wheelchair to receive health care	5005
services at health care facilities or health care practitioners'	5006
offices in nonemergency circumstances;	5007

(b) Provides the services for a fee, regardless of whether	5008
the fee is paid by the person being transported, a third party	5009
payer, as defined in section 3702.51 of the Revised Code, or any	5010
other person or government entity.	5011

(2) "Nonemergency medical service organization" does not	5012
include a health care facility, as defined in section 1751.01 of	5013
the Revised Code, that provides ambulette services only to	5014
patients of that facility.	5015

(Q) "Nontransport vehicle" means a motor vehicle operated by	5016
a licensed emergency medical service organization not as an	5017
ambulance, but as a vehicle for providing services in conjunction	5018
with the ambulances operated by the organization or other	5019
emergency medical service organizations.	5020

(R) "Patient" means any individual who as a result of illness	5021
or injury needs medical attention, whose physical or mental	5022
condition is such that there is imminent danger of loss of life or	5023
significant health impairment, who may be otherwise incapacitated	5024
or helpless as a result of a physical or mental condition, or	5025
whose physical condition requires the use of a wheelchair.	5026

(S) "Rotorcraft air ambulance" means a helicopter or other	5027
aircraft capable of vertical takeoffs, vertical landings, and	5028
hovering that is specifically designed, constructed, or modified	5029
and equipped and is intended to be used as a means of air medical	5030
transportation.	5031

Sec. 4766.03. (A) The ~~Ohio~~state board of emergency medical,	5032
fire, and transportation ~~board~~services shall adopt rules, in	5033
accordance with Chapter 119. of the Revised Code, implementing the	5034
requirements of this chapter. The rules shall include provisions	5035
relating to the following:	5036

(1) Requirements for an emergency medical service	5037
organization to receive a permit for an ambulance or nontransport	5038
vehicle;	5039

(2) Requirements for an emergency medical service	5040
organization to receive a license as a basic life-support,	5041
intermediate life-support, advanced life-support, or mobile	5042
intensive care unit organization;	5043

(3) Requirements for a nonemergency medical service	5044
organization to receive a permit for an ambulette vehicle;	5045

(4) Requirements for a nonemergency medical service	5046
organization to receive a license for an ambulette service;	5047

(5) Requirements for an air medical service organization to	5048
receive a permit for a rotorcraft air ambulance or fixed wing air	5049
ambulance;	5050

(6) Requirements for licensure of air medical service	5051
organizations;	5052

(7) Forms for applications and renewals of licenses and	5053
permits;	5054

(8) Requirements for record keeping of service responses made	5055
by licensed emergency medical service organizations;	5056

(9) Fee amounts for licenses and permits, and their renewals;

5057

(10) Inspection requirements for licensees' vehicles or	5058
aircraft, records, and physical facilities;	5059

(11) Fee amounts for inspections of ambulances, ambulettes,	5060
rotorcraft air ambulances, fixed wing air ambulances, and	5061
nontransport vehicles;	5062

(12) Requirements for ambulances and nontransport vehicles	5063
used by licensed emergency medical service organizations, for	5064
ambulette vehicles used by licensed nonemergency medical service	5065
organizations, and for rotorcraft air ambulances or fixed wing air	5066
ambulances used by licensed air medical service organizations that	5067
specify for each type of vehicle or aircraft the types of	5068
equipment that must be carried, the communication systems that	5069
must be maintained, and the personnel who must staff the vehicle	5070
or aircraft;	5071

(13) The level of care each type of emergency medical service	5072
organization, nonemergency medical service organization, and air	5073
medical service organization is authorized to provide;	5074

(14) Eligibility requirements for employment as an ambulette	5075
driver, including grounds for disqualification due to the results	5076
of a motor vehicle law violation check, chemical test, or criminal	5077
records check. The rule may require that an applicant for	5078
employment as an ambulette driver provide a set of fingerprints to	5079
law enforcement authorities if the applicant comes under final	5080
consideration for employment.	5081

(15) Any other rules that the board determines necessary for	5082
the implementation and enforcement of this chapter.	5083

(B) In the rules for ambulances and nontransport vehicles	5084
adopted under division (A)(12) of this section, the board may	5085
establish requirements that vary according to whether the	5086
emergency medical service organization using the vehicles is	5087
licensed as a basic life-support, intermediate life-support,	5088
advanced life-support, or mobile intensive care unit organization.	5089

(C) A mobile intensive care unit that is not dually certified	5090
to provide advanced life-support and meets the requirements of the	5091
rules adopted under this section is not required to carry	5092
immobilization equipment, including board splint kits, traction	5093
splints, backboards, backboard straps, cervical immobilization	5094
devices, cervical collars, stair chairs, folding cots, or other	5095
types of immobilization equipment determined by the board to be	5096
unnecessary for mobile intensive care units.	5097

A mobile intensive care unit is exempt from the emergency	5098
medical technician staffing requirements of section 4765.43 of the	5099
Revised Code when it is staffed by at least one physician or	5100
registered nurse and another person, designated by a physician,	5101
who holds a valid license or certificate to practice in a health	5102
care profession, and when at least one of the persons staffing the	5103
mobile intensive care unit is a registered nurse whose training	5104
meets or exceeds the training required for a paramedic.	5105

Sec. 4766.04. (A) Except as otherwise provided in this	5106
chapter, no person shall furnish, operate, conduct, maintain,	5107
advertise, engage in, or propose or profess to engage in the	5108
business or service in this state of transporting persons who are	5109
seriously ill, injured, or otherwise incapacitated or who require	5110
the use of a wheelchair or are confined to a wheelchair unless the	5111
person is licensed pursuant to this section.	5112

(B) To qualify for a license as a basic life-support,	5113
intermediate life-support, advanced life-support, or mobile	5114
intensive care unit organization, an emergency medical service	5115
organization shall do all of the following:	5116

(1) Apply for a permit for each ambulance and nontransport	5117
vehicle owned or leased as provided in section 4766.07 of the	5118
Revised Code;	5119

(2) Meet all requirements established in rules adopted by the	5120
~~Ohio~~state board of emergency medical, fire, and transportation	5121
~~board~~services regarding ambulances and nontransport vehicles,	5122
including requirements pertaining to equipment, communications	5123
systems, staffing, and level of care the particular organization	5124
is permitted to render;	5125

(3) Maintain the appropriate type and amount of insurance as	5126
specified in section 4766.06 of the Revised Code;	5127

(4) Meet all other requirements established under rules	5128
adopted by the board for the particular license.	5129

(C) To qualify for a license to provide ambulette service, a	5130
nonemergency medical service organization shall do all of the	5131
following:	5132

(1) Apply for a permit for each ambulette owned or leased as	5133
provided in section 4766.07 of the Revised Code;	5134

(2) Meet all requirements established in rules adopted by the	5135
~~Ohio~~state board of emergency medical, fire, and transportation	5136
~~board~~services regarding ambulettes, including requirements	5137
pertaining to equipment, communication systems, staffing, and	5138
level of care the organization is permitted to render;	5139

(3) Maintain the appropriate type and amount of insurance as	5140
specified in section 4766.06 of the Revised Code;	5141

(4) Meet all other requirements established under rules	5142
adopted by the board for the license.	5143

(D) To qualify for a license to provide air medical	5144
transportation, an air medical service organization shall do all	5145
of the following:	5146

(1) Apply for a permit for each rotorcraft air ambulance and	5147
fixed wing air ambulance owned or leased as provided in section	5148
4766.07 of the Revised Code;	5149

(2) Meet all requirements established in rules adopted by the	5150
~~Ohio~~state board of emergency medical, fire, and transportation	5151
~~board~~services regarding rotorcraft air ambulances and fixed wing	5152
air ambulances, including requirements pertaining to equipment,	5153
communication systems, staffing, and level of care the	5154
organization is permitted to render;	5155

(3) Maintain the appropriate type and amount of insurance as	5156
specified in section 4766.06 of the Revised Code;	5157

(4) Meet all other requirements established under rules	5158
adopted by the board for the license.	5159

(E) An emergency medical service organization that applies	5160
for a license as a basic life-support, intermediate life-support,	5161
advanced life-support, or mobile intensive care unit organization;	5162
a nonemergency medical service organization that applies for a	5163
license to provide ambulette service; or an air medical service	5164
organization that applies for a license to provide air medical	5165
transportation shall submit a completed application to the board,	5166
on a form provided by the board for each particular license,	5167
together with the appropriate fees established under section	5168
4766.05 of the Revised Code. The application form shall include	5169
all of the following:	5170

(1) The name and business address of the operator of the	5171
organization for which licensure is sought;	5172

(2) The name under which the applicant will operate the	5173
organization;	5174

(3) A list of the names and addresses of all officers and	5175
directors of the organization;	5176

(4) For emergency medical service organizations and	5177
nonemergency medical service organizations, a description of each	5178
vehicle to be used, including the make, model, year of	5179
manufacture, mileage, vehicle identification number, and the color	5180
scheme, insignia, name, monogram, or other distinguishing	5181
characteristics to be used to designate the applicant's vehicle;	5182

(5) For air medical service organizations using fixed wing	5183
air ambulances, a description of each aircraft to be used,	5184
including the make, model, year of manufacture, and aircraft hours	5185
on airframe;	5186

(6) For air medical service organizations using rotorcraft	5187
air ambulances, a description of each aircraft to be used,	5188
including the make, model, year of manufacture, aircraft hours on	5189
airframe, aircraft identification number, and the color scheme,	5190
insignia, name, monogram, or other distinguishing characteristics	5191
to be used to designate the applicant's rotorcraft air ambulance;	5192

(7) The location and description of each place from which the	5193
organization will operate;	5194

(8) A description of the geographic area to be served by the	5195
applicant;	5196

(9) Any other information the board, by rule, determines	5197
necessary.	5198

(F) Within sixty days after receiving a completed application	5199
for licensure as a basic life-support, intermediate life-support,	5200
advanced life-support, or mobile intensive care unit organization;	5201
an ambulette service; or an air medical service organization, the	5202
board shall approve or deny the application. The board shall deny	5203
an application if it determines that the applicant does not meet	5204
the requirements of this chapter or any rules adopted under it.	5205
The board shall send notice of the denial of an application by	5206
certified mail to the applicant. The applicant may request a	5207
hearing within ten days after receipt of the notice. If the board	5208
receives a timely request, it shall hold a hearing in accordance	5209
with Chapter 119. of the Revised Code.	5210

(G) If an applicant or licensee operates or plans to operate	5211
an organization in more than one location under the same or	5212
different identities, the applicant or licensee shall apply for	5213
and meet all requirements for licensure or renewal of a license,	5214
other than payment of a license fee or renewal fee, for operating	5215
the organization at each separate location. An applicant or	5216
licensee that operates or plans to operate under the same	5217
organization identity in separate locations shall pay only a	5218
single license fee.	5219

(H) An emergency medical service organization that wishes to	5220
provide ambulette services to the public must apply for a separate	5221
license under division (C) of this section.	5222

(I) Each license issued under this section and each permit	5223
issued under section 4766.07 of the Revised Code expires one year	5224
after the date of issuance and may be renewed in accordance with	5225
the standard renewal procedures of Chapter 4745. of the Revised	5226
Code. An application for renewal shall include the license or	5227
permit renewal fee established under section 4766.05 of the	5228
Revised Code. An applicant for renewal of a permit also shall	5229
submit to the board proof of an annual inspection of the vehicle	5230
or aircraft for which permit renewal is sought. The board shall	5231
renew a license if the applicant meets the requirements for	5232
licensure and shall renew a permit if the applicant and vehicle or	5233
aircraft meet the requirements to maintain a permit for that	5234
vehicle or aircraft.	5235

(J) Each licensee shall maintain accurate records of all	5236
service responses conducted. The records shall be maintained on	5237
forms prescribed by the board and shall contain information as	5238
specified by rule by the board.	5239

Sec. 4766.05. (A) The ~~Ohio~~state board of emergency medical,	5240
fire, and transportation ~~board~~services shall establish by rule a	5241
license fee, a permit fee for each ambulance, ambulette,	5242
rotorcraft air ambulance, fixed wing air ambulance, and	5243
nontransport vehicle owned or leased by the licensee that is or	5244
will be used as provided in section 4766.07 of the Revised Code,	5245
and fees for renewals of licenses and permits, taking into	5246
consideration the actual costs incurred by the board in carrying	5247
out its duties under this chapter. However, the fee for each	5248
license and each renewal of a license shall not exceed one hundred	5249
dollars, and the fee for each permit and each renewal of a permit	5250
shall not exceed one hundred dollars for each ambulance,	5251
rotorcraft air ambulance, fixed wing air ambulance, and	5252
nontransport vehicle. The ~~fee for each permit and each renewal of~~	5253
~~a permit shall be twenty-five dollars for each ambulette for one~~	5254
~~year after March 9, 2004. Thereafter, the~~ board shall determine by	5255
rule the fee, which shall not exceed fifty dollars, for each	5256
permit and each renewal of a permit for each ambulette. For	5257
purposes of establishing fees, "actual costs" includes the costs	5258
of salaries, expenses, inspection equipment, supervision, and	5259
program administration.	5260

(B) The board shall deposit all fees and other moneys	5261
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	5262
the Revised Code in the state treasury to the credit of the	5263
~~occupational licensing~~trauma and ~~regulatory~~emergency medical	5264
services fund, which is created by section ~~4743.05~~4513.263 of the	5265
Revised Code. ~~All moneys from the fund shall be used solely for~~	5266
~~the salaries and expenses of the board incurred in implementing~~	5267
~~and enforcing this chapter.~~	5268

(C) The board, subject to the approval of the controlling	5269
board, may establish fees in excess of the maximum amounts allowed	5270
under division (A) of this section, but such fees shall not exceed	5271
those maximum amounts by more than fifty per cent.	5272

Sec. 4766.07. (A) Except as otherwise provided by rule of	5273
the ~~Ohio~~state board of emergency medical, fire, and	5274
transportation ~~board~~services, each emergency medical service	5275
organization, nonemergency medical service organization, and air	5276
medical service organization subject to licensure under this	5277
chapter shall possess a valid permit for each ambulance,	5278
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	5279
nontransport vehicle it owns or leases that is or will be used by	5280
the licensee to perform the services permitted by the license.	5281
Each licensee and license applicant shall submit the appropriate	5282
fee and an application for a permit for each ambulance, ambulette,	5283
rotorcraft air ambulance, fixed wing air ambulance, and	5284
nontransport vehicle to the ~~Ohio~~state board of emergency	5285
medical, fire, and transportation ~~board~~services on forms provided	5286
by the board. The application shall include documentation that the	5287
vehicle or aircraft meets the appropriate standards set by the	5288
board, that the vehicle or aircraft has been inspected pursuant to	5289
division (C) of this section, that the permit applicant maintains	5290
insurance as provided in section 4766.06 of the Revised Code, and	5291
that the vehicle or aircraft and permit applicant meet any other	5292
requirements established under rules adopted by the board.	5293

The ~~Ohio~~state board of emergency medical, fire, and	5294
transportation ~~board~~services may adopt rules in accordance with	5295
Chapter 119. of the Revised Code to authorize the temporary use of	5296
a vehicle or aircraft for which a permit is not possessed under	5297
this section in back-up or disaster situations.	5298

(B)(1) Within sixty days after receiving a completed	5299
application for a permit, the board shall issue or deny the	5300
permit. The board shall deny an application if it determines that	5301
the permit applicant, vehicle, or aircraft does not meet the	5302
requirements of this chapter and the rules adopted under it that	5303
apply to permits for ambulances, ambulettes, rotorcraft air	5304
ambulances, fixed wing air ambulances, and nontransport vehicles.	5305
The board shall send notice of the denial of an application by	5306
certified mail to the permit applicant. The permit applicant may	5307
request a hearing within ten days after receipt of the notice. If	5308
the board receives a timely request, it shall hold a hearing in	5309
accordance with Chapter 119. of the Revised Code.	5310

(2) If the board issues the vehicle permit for an ambulance,	5311
ambulette, or nontransport vehicle, it also shall issue a decal,	5312
in a form prescribed by rule, to be displayed on the rear window	5313
of the vehicle. The board shall not issue a decal until all of the	5314
requirements for licensure and permit issuance have been met.	5315

(3) If the board issues the aircraft permit for a rotorcraft	5316
air ambulance or fixed wing air ambulance, it also shall issue a	5317
decal, in a form prescribed by rule, to be displayed on the left	5318
fuselage aircraft window in a manner that complies with all	5319
applicable federal aviation regulations. The board shall not issue	5320
a decal until all of the requirements for licensure and permit	5321
issuance have been met.	5322

(C) In addition to any other requirements that the board	5323
establishes by rule, a licensee or license applicant applying for	5324
an initial vehicle or aircraft permit under division (A) of this	5325
section shall submit to the board the vehicle or aircraft for	5326
which the permit is sought. Thereafter, a licensee shall annually	5327
submit to the board each vehicle or aircraft for which a permit	5328
has been issued.	5329

(1) The board shall conduct a physical inspection of an	5330
ambulance, ambulette, or nontransport vehicle to determine its	5331
roadworthiness and compliance with standard motor vehicle	5332
requirements.	5333

(2) The board shall conduct a physical inspection of the	5334
medical equipment, communication system, and interior of an	5335
ambulance to determine the operational condition and safety of the	5336
equipment and the ambulance's interior and to determine whether	5337
the ambulance is in compliance with the federal requirements for	5338
ambulance construction that were in effect at the time the	5339
ambulance was manufactured, as specified by the general services	5340
administration in the various versions of its publication titled	5341
"federal specification for the star-of-life ambulance,	5342
KKK-A-1822."	5343

(3) The board shall conduct a physical inspection of the	5344
equipment, communication system, and interior of an ambulette to	5345
determine the operational condition and safety of the equipment	5346
and the ambulette's interior and to determine whether the	5347
ambulette is in compliance with state requirements for ambulette	5348
construction. The board shall determine by rule requirements for	5349
the equipment, communication system, interior, and construction of	5350
an ambulette.	5351

(4) The board shall conduct a physical inspection of the	5352
medical equipment, communication system, and interior of a	5353
rotorcraft air ambulance or fixed wing air ambulance to determine	5354
the operational condition and safety of the equipment and the	5355
aircraft's interior.	5356

(5) The board shall issue a certificate to the applicant for	5357
each vehicle or aircraft that passes the inspection and may assess	5358
a fee for each inspection, as established by the board.	5359

(6) The board shall adopt rules regarding the implementation	5360
and coordination of inspections. The rules may permit the board to	5361
contract with a third party to conduct the inspections required of	5362
the board under this section.	5363

Sec. 4766.08. (A) The ~~Ohio~~state board of emergency medical,	5364
fire, and transportation ~~board may~~services, pursuant to an	5365
adjudication conducted in accordance with Chapter 119. of the	5366
Revised Code, may suspend or revoke any license or permit or	5367
renewal thereof issued under this chapter for any one or	5368
combination of the following causes:	5369

(1) Violation of this chapter or any rule adopted thereunder;

5370

(2) Refusal to permit the board to inspect a vehicle or	5371
aircraft used under the terms of a permit or to inspect the	5372
records or physical facilities of a licensee;	5373

(3) Failure to meet the ambulance, ambulette, rotorcraft air	5374
ambulance, fixed wing air ambulance, and nontransport vehicle	5375
requirements specified in this chapter or the rules adopted	5376
thereunder;	5377

(4) Violation of an order issued by the board;

5378

(5) Failure to comply with any of the terms of an agreement	5379
entered into with the board regarding the suspension or revocation	5380
of a license or permit or the imposition of a penalty under this	5381
section.	5382

(B) If the board determines that the records, record-keeping	5383
procedures, or physical facilities of a licensee, or an ambulance,	5384
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or	5385
nontransport vehicle for which a valid permit has been issued, do	5386
not meet the standards specified in this chapter and the rules	5387
adopted thereunder, the board shall notify the licensee of any	5388
deficiencies within thirty days of finding the deficiencies. If	5389
the board determines that the deficiencies exist and they remain	5390
uncorrected after thirty days, the board may suspend the license,	5391
vehicle permit, or aircraft permit. The licensee, notwithstanding	5392
the suspension under this division, may operate until all appeals	5393
have been exhausted.	5394

(C) At the discretion of the board, a licensee whose license	5395
has been suspended or revoked under this section may be ineligible	5396
to be licensed under this chapter for a period of not more than	5397
three years from the date of the violation, provided that the	5398
board shall make no determination on a period of ineligibility	5399
until all the licensee's appeals relating to the suspension or	5400
revocation have been exhausted.	5401

(D) The board may, in addition to any other action taken	5402
under this section and after a hearing conducted pursuant to	5403
Chapter 119. of the Revised Code, impose a penalty of not more	5404
than fifteen hundred dollars for any violation specified in this	5405
section. The attorney general shall institute a civil action for	5406
the collection of any such penalty imposed.	5407

Sec. 4766.09. This chapter does not apply to any of the	5408
following:	5409

(A) A person rendering services with an ambulance in the	5410
event of a disaster situation when licensees' vehicles based in	5411
the locality of the disaster situation are incapacitated or	5412
insufficient in number to render the services needed;	5413

(B) Any person operating an ambulance, ambulette, rotorcraft	5414
air ambulance, or fixed wing air ambulance outside this state	5415
unless receiving a person within this state for transport to a	5416
location within this state;	5417

(C) A publicly owned or operated emergency medical service	5418
organization and the vehicles it owns or leases and operates,	5419
except as provided in section 307.051, division (G) of section	5420
307.055, division (F) of section 505.37, division (B) of section	5421
505.375, and division (B)(3) of section 505.72 of the Revised	5422
Code;	5423

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	5424
wing air ambulance, or nontransport vehicle owned or leased and	5425
operated by the federal government;	5426

(E) A publicly owned and operated fire department vehicle;

5427

(F) Emergency vehicles owned by a corporation and operating	5428
only on the corporation's premises, for the sole use by that	5429
corporation;	5430

(G) An ambulance, nontransport vehicle, or other emergency	5431
medical service organization vehicle owned and operated by a	5432
municipal corporation;	5433

(H) A motor vehicle titled in the name of a volunteer rescue	5434
service organization, as defined in section 4503.172 of the	5435
Revised Code;	5436

(I) A public emergency medical service organization;

5437

(J) A fire department, rescue squad, or life squad comprised	5438
of volunteers who provide services without expectation of	5439
remuneration and do not receive payment for services other than	5440
reimbursement for expenses;	5441

(K) A private, nonprofit emergency medical service	5442
organization when fifty per cent or more of its personnel are	5443
volunteers, as defined in section 4765.01 of the Revised Code;	5444

(L) Emergency medical service personnel who are regulated by	5445
the state board of emergency medical, fire, and transportation	5446
services under Chapter 4765. of the Revised Code;	5447

(M) Any of the following that operates a transit bus, as that	5448
term is defined in division (Q) of section 5735.01 of the Revised	5449
Code, unless the entity provides ambulette services that are	5450
reimbursed under the state medicaid plan:	5451

(1) A public nonemergency medical service organization;

5452

(2) An urban or rural public transit system;

5453

(3) A private nonprofit organization that receives grants	5454
under section 5501.07 of the Revised Code.	5455

(N)(1) An entity, to the extent it provides ambulette	5456
services, if the entity meets all of the following conditions:	5457

(a) The entity is certified by the department of aging or the	5458
department's designee in accordance with section 173.391 of the	5459
Revised Code or operates under a contract or grant agreement with	5460
the department or the department's designee in accordance with	5461
section 173.392 of the Revised Code.	5462

(b) The entity meets the requirements of section 4766.14 of	5463
the Revised Code.	5464

(c) The entity does not provide ambulette services that are	5465
reimbursed under the state medicaid plan.	5466

(2) A vehicle, to the extent it is used to provide ambulette	5467
services, if the vehicle meets both of the following conditions:	5468

(a) The vehicle is owned by an entity that meets the	5469
conditions specified in division (N)(1) of this section.	5470

(b) The vehicle does not provide ambulette services that are	5471
reimbursed under the state medicaid plan.	5472

(O) A vehicle that meets both of the following criteria,	5473
unless the vehicle provides services that are reimbursed under the	5474
state medicaid plan:	5475

(1) The vehicle was purchased with funds from a grant made by	5476
the United States secretary of transportation under 49 U.S.C.	5477
5310;	5478

(2) The department of transportation holds a lien on the	5479
vehicle.	5480

Sec. 4766.10. This chapter does not invalidate any ordinance	5481
or resolution adopted by a municipal corporation that establishes	5482
standards for the licensure of emergency medical service	5483
organizations as basic life-support, intermediate life-support, or	5484
advanced life-support service organizations that have their	5485
principal places of business located within the limits of the	5486
municipal corporation, as long as the licensure standards meet or	5487
exceed the standards established in this chapter and the rules	5488
adopted thereunder.	5489

Emergency medical service organizations licensed by a	5490
municipal corporation are subject to the jurisdiction of the ~~Ohio~~	5491
state board of emergency medical, fire, and transportation ~~board~~	5492
services, but the fees they pay to the board for licenses,	5493
permits, and renewals thereof shall not exceed fifty per cent of	5494
the fee amounts established by the board pursuant to section	5495
4766.03 of the Revised Code. The board may choose to waive the	5496
vehicle inspection requirements and inspection fees, but not the	5497
permit fees, for the vehicles of organizations licensed by a	5498
municipal corporation.	5499

Sec. 4766.11. (A) The ~~Ohio~~state board of emergency medical,	5500
fire, and transportation ~~board~~services may investigate alleged	5501
violations of this chapter or the rules adopted under it and may	5502
investigate any complaints received regarding alleged violations.	5503

In addition to any other remedies available and regardless of	5504
whether an adequate remedy at law exists, the board may apply to	5505
the court of common pleas in the county where a violation of any	5506
provision of this chapter or any rule adopted pursuant thereto is	5507
occurring for a temporary or permanent injunction restraining a	5508
person from continuing to commit that violation. On a showing that	5509
a person has committed a violation, the court shall grant the	5510
injunction.	5511

In conducting an investigation under this section, the board	5512
may issue subpoenas compelling the attendance and testimony of	5513
witnesses and the production of books, records, and other	5514
documents pertaining to the investigation. If a person fails to	5515
obey a subpoena from the board, the board may apply to the court	5516
of common pleas in the county where the investigation is being	5517
conducted for an order compelling the person to comply with the	5518
subpoena. On application by the board, the court shall compel	5519
obedience by attachment proceedings for contempt, as in the case	5520
of disobedience of the requirements of a subpoena from the court	5521
or a refusal to testify therein.	5522

(B) The ~~medical transportation~~ board may suspend a license	5523
issued under this chapter without a prior hearing if it determines	5524
that there is evidence that the license holder is subject to	5525
action under this section and that there is clear and convincing	5526
evidence that continued operation by the license holder presents a	5527
danger of immediate and serious harm to the public. The	5528
chairperson and executive director of the board shall make a	5529
preliminary determination and describe the evidence on which they	5530
made their determination to the board members. The board by	5531
resolution may designate another board member to act in place of	5532
the chairperson or another employee to act in place of the	5533
executive director in the event that the chairperson or executive	5534
director is unavailable or unable to act. Upon review of the	5535
allegations, the board, by the affirmative vote of ~~at least four~~a	5536
majority of its members, may suspend the license without a	5537
hearing.	5538

~~Any method of communication, including a telephone conference~~	5539
~~call, may be utilized for describing the evidence to the board~~	5540
~~members, for reviewing the allegations, and for voting on the~~	5541
~~suspension.~~	5542

Immediately following the decision by the board to suspend a	5543
license under this division, the board shall issue a written order	5544
of suspension and cause it to be delivered in accordance with	5545
section 119.07 of the Revised Code. If the license holder subject	5546
to the suspension requests an adjudication hearing by the board,	5547
the date set for the adjudication shall be within fifteen days but	5548
not earlier than seven days after the request unless another date	5549
is agreed to by the license holder and the board.	5550

Any summary suspension imposed under this division remains in	5551
effect, unless reversed by the board, until a final adjudicative	5552
order issued by the board pursuant to this section and Chapter	5553
119. of the Revised Code becomes effective. The board shall issue	5554
its final adjudicative order not less than ninety days after	5555
completion of its adjudication hearing. Failure to issue the order	5556
by that day shall cause the summary suspension order to end, but	5557
such failure shall not affect the validity of any subsequent final	5558
adjudication order.	5559

Sec. 4766.12. If a county, township, joint ambulance	5560
district, or joint emergency medical services district chooses to	5561
have the ~~Ohio~~state board of emergency medical, fire, and	5562
transportation ~~board~~services license its emergency medical	5563
service organizations and issue permits for its vehicles pursuant	5564
to this chapter, except as may be otherwise provided, all	5565
provisions of this chapter and all rules adopted by the board	5566
thereunder are fully applicable. However, a county, township,	5567
joint ambulance district, or joint emergency medical services	5568
district is not required to obtain any type of permit from the	5569
board for any of its nontransport vehicles.	5570

Sec. 4766.13. The ~~Ohio~~state board of emergency medical,	5571
fire, and transportation ~~board~~services, by endorsement, may	5572
license and issue vehicle permits to an emergency medical service	5573
organization or a nonemergency medical service organization that	5574
is regulated by another state. To qualify for a license and	5575
vehicle permits by endorsement, an organization must submit	5576
evidence satisfactory to the board that it has met standards in	5577
another state that are equal to or more stringent than the	5578
standards established by this chapter and the rules adopted under	5579
it.	5580

Sec. 4766.15. (A) An applicant for employment as an	5581
ambulette driver with an organization licensed pursuant to this	5582
chapter shall submit proof to the organization of, or give consent	5583
to the employer to obtain, all of the following:	5584

(1)(a) A valid driver's license issued pursuant to Chapter	5585
4506. or 4507. of the Revised Code, or its equivalent, if the	5586
applicant is a resident of another state;	5587

(b) A recent certified abstract of the applicant's record of	5588
convictions for violations of motor vehicle laws provided by the	5589
registrar of motor vehicles pursuant to section 4509.05 of the	5590
Revised Code, or its equivalent, if the applicant is a resident of	5591
another state.	5592

(2)(a) A certificate of completion of a course in first aid	5593
techniques offered by the American red cross or an equivalent	5594
organization;	5595

(b) A certificate of completion of a course in	5596
cardiopulmonary resuscitation, or its equivalent, offered by an	5597
organization approved by the ~~Ohio~~state board of emergency	5598
medical, fire, and transportation ~~board~~services.	5599

(3) The result of a chemical test or tests of the applicant's	5600
blood, breath, or urine conducted at a hospital or other	5601
institution approved by the board for the purpose of determining	5602
the alcohol, drug of abuse, controlled substance, or metabolite of	5603
a controlled substance content of the applicant's whole blood,	5604
blood serum or plasma, breath, or urine;	5605

(4) The result of a criminal records check conducted by the	5606
bureau of criminal identification and investigation.	5607

(B) An organization may employ an applicant on a temporary	5608
provisional basis pending the completion of all of the	5609
requirements of this section. The length of the provisional period	5610
shall be determined by the board.	5611

(C) An organization licensed pursuant to this chapter shall	5612
use information received pursuant to this section to determine in	5613
accordance with rules adopted by the ~~Ohio~~state board of emergency	5614
medical, fire, and transportation ~~board~~services under section	5615
4766.03 of the Revised Code whether an applicant is disqualified	5616
for employment.	5617

No applicant shall be accepted for permanent employment as an	5618
ambulette driver by an organization licensed pursuant to this	5619
chapter until all of the requirements of division (A) of this	5620
section have been met.	5621

Sec. 4766.22. (A) Not later than forty-five days after the	5622
end of each fiscal year, the ~~Ohio~~state board of emergency	5623
medical, fire, and transportation ~~board~~services shall submit a	5624
report to the governor and general assembly that provides all of	5625
the following information for that fiscal year:	5626

(1) The number of each of the following the board issued:

5627

(a) Basic life-support organization licenses;

5628

(b) Intermediate life-support organization licenses;

5629

5630

(d) Mobile intensive care unit organization licenses;

5631

(e) Ambulette service licenses;

5632

(f) Air medical service organization licenses;

5633

(g) Ambulance permits;

5634

(h) Nontransport vehicle permits;

5635

(i) Ambulette vehicle permits;

5636

(j) Rotorcraft air ambulance permits;

5637

(k) Fixed wing air ambulance permits.

5638

(2) The amount of fees the board collected for issuing and	5639
renewing each type of license and permit specified in division	5640
(A)(1) of this section;	5641

(3) The number of inspections the board or a third party on	5642
the board's behalf conducted in connection with each type of	5643
license and permit specified in division (A)(1) of this section	5644
and the amount of fees the board collected for the inspections;	5645

(4) The number of complaints that were submitted to the	5646
board;	5647

(5) The number of investigations the board conducted under	5648
section 4766.11 of the Revised Code;	5649

(6) The number of adjudication hearings the board held and	5650
the outcomes of the adjudications;	5651

(7) The amount of penalties the board imposed and collected	5652
under section 4766.08 of the Revised Code;	5653

(8) Other information the board determines reflects the	5654
board's operations.	5655

(B) The board shall post the annual report required by this	5656
section on its web site and make it available to the public on	5657
request.	5658

Sec. 5501.73. (A) After selecting a solicited or unsolicited	5659
proposal for a public-private initiative, the department of	5660
transportation shall enter into a public-private agreement for a	5661
transportation facility with the selected private entity or any	5662
configuration of private entities. An affected jurisdiction may be	5663
a party to a public-private agreement entered into by the	5664
department and a selected private entity or combination of private	5665
entities.	5666

(B) A public-private agreement under this section shall	5667
provide for all of the following:	5668

(1) Planning, acquisition, financing, development, design,	5669
construction, reconstruction, replacement, improvement,	5670
maintenance, management, repair, leasing, or operation of a	5671
transportation facility;	5672

(2) Term of the public-private agreement;

5673

(3) Type of property interest, if any, the private entity	5674
will have in the transportation facility;	5675

(4) A specific plan to ensure proper maintenance of the	5676
transportation facility throughout the term of the agreement and a	5677
return of the facility to the department, if applicable, in good	5678
condition and repair;	5679

(5) Whether user fees will be collected on the transportation	5680
facility and the basis by which such user fees shall be determined	5681
and modified;	5682

(6) Compliance with applicable federal, state, and local	5683
laws;	5684

(7) Grounds for termination of the public-private agreement	5685
by the department or operator;	5686

(8) Disposition of the facility upon completion of the	5687
agreement;	5688

(9) Procedures for amendment of the agreement.

5689

(C) A public-private agreement under this section may provide	5690
for any of the following:	5691

(1) Review and approval by the department of the operator's	5692
plans for the development and operation of the transportation	5693
facility;	5694

(2) Inspection by the department of construction of or	5695
improvements to the transportation facility;	5696

(3) Maintenance by the operator of a policy of liability	5697
insurance or self-insurance;	5698

(4) Filing by the operator, on a periodic basis, of	5699
appropriate financial statements in a form acceptable to the	5700
department;	5701

(5) Filing by the operator, on a periodic basis, of traffic	5702
reports in a form acceptable to the department;	5703

(6) Financing obligations of the operator and the department;

5704

(7) Apportionment of expenses between the operator and the	5705
department;	5706

(8) Rights and duties of the operator, the department, and	5707
other state and local governmental entities with respect to use of	5708
the transportation facility;	5709

(9) Rights and remedies available in the event of default or	5710
delay;	5711

(10) Terms and conditions of indemnification of the operator	5712
by the department;	5713

(11) Assignment, subcontracting, or other delegation of	5714
responsibilities of the operator or the department under the	5715
agreement to third parties, including other private entities and	5716
other state agencies;	5717

(12) Sale or lease to the operator of private property	5718
related to the transportation facility;	5719

(13) Traffic enforcement and other policing issues, including	5720
any reimbursement by the private entity for such services.	5721

(D)(1) The director of transportation may include in any	5722
public-private agreement under sections 5501.70 to 5501.83 of the	5723
Revised Code a provision authorizing a binding dispute resolution	5724
method for any controversy subsequently arising out of the	5725
contract. The binding dispute resolution method may proceed only	5726
upon agreement of all parties to the controversy. If all parties	5727
do not agree to proceed to a binding dispute resolution, a party	5728
having a claim against the department shall exhaust its	5729
administrative remedies specified in the public-private agreement	5730
prior to filing any action against the department in the court of	5731
claims.	5732

No appeal from the determination of a technical expert lies	5733
to any court, except that the court of common pleas of Franklin	5734
County may issue an order vacating such a determination upon the	5735
application of any party to the binding dispute resolution if any	5736
of the following applies:	5737

(a) The determination was procured by corruption, fraud, or	5738
undue means.	5739

(b) There was evidence of partiality or corruption on the	5740
part of the technical expert.	5741

(c) The technical expert was guilty of misconduct in refusing	5742
to postpone the hearing, upon sufficient cause shown, or in	5743
refusing to hear evidence pertinent and material to the	5744
controversy, or of any other misbehavior by which the rights of	5745
any party have been prejudiced.	5746

(2) As used in this division, "binding dispute resolution"	5747
means a binding determination after review by a technical expert	5748
of all relevant items, which may include documents, and by	5749
interviewing appropriate personnel and visiting the project site	5750
involved in the controversy. "Binding dispute resolution" does not	5751
involve representation by legal counsel or advocacy by any person	5752
on behalf of any party to the controversy.	5753

(E) No public-private agreement entered into under this	5754
section shall be construed to transfer to a private entity the	5755
director's authority to appropriate property under Chapters 163.,	5756
5501., and 5519. of the Revised Code.	5757

Sec. 5501.77. (A) For the purposes of carrying out sections	5758
5501.70 to 5501.83 of the Revised Code, the department of	5759
transportation may do all of the following:	5760

(1) Accept, subject to applicable terms and conditions,	5761
available funds from the United States or any of its agencies,	5762
whether the funds are made available by grant, loan, or other	5763
financial assistance;	5764

(2) Enter into agreements or other arrangements with the	5765
United States or any of its agencies as may be necessary;	5766

(3) For the purpose of completing a transportation facility	5767
under an agreement, accept from any source any grant, donation,	5768
gift, or other form of conveyance of land, money, other real or	5769
personal property, or other item of value made to the state or the	5770
department.	5771

(B) Any transportation facility may be financed in whole or	5772
in part by contribution of any funds or property made by any	5773
private entity or affected jurisdiction that is party to a	5774
public-private agreement under sections 5501.70 to 5501.83 of the	5775
Revised Code.	5776

(C) The department may use federal, state, local, and private	5777
funds to finance a transportation facility under sections 5501.70	5778
to 5501.83 of the Revised Code and shall comply with any	5779
requirements and restrictions governing the use of the funds,	5780
including maintaining the funds separately when necessary.	5781

(D) The director of transportation, in accordance with	5782
Chapter 119. of the Revised Code, may adopt such rules as the	5783
director considers advisable for the control and regulation of	5784
traffic on any transportation facility subject to a public-private	5785
agreement, for the protection and preservation of the	5786
transportation facility, for the maintenance and preservation of	5787
good order within the transportation facility, and for the purpose	5788
of establishing vehicle owner or operator liability for avoidance	5789
of user fees. The rules shall provide that public police officers	5790
shall be afforded ready access, while in the performance of their	5791
official duties, to the transportation facility without the	5792
payment of user fees.	5793

(1) No person shall violate any rules of the department of	5794
transportation adopted under this division.	5795

(2)(a) All fines collected for the violation of applicable	5796
laws of the state and the rules of the department of	5797
transportation or money arising from bonds forfeited for such	5798
violation shall be disposed of in accordance with section 5503.04	5799
of the Revised Code.	5800

(b) All fees or charges assessed by the department of	5801
transportation or a public-private operator in accordance with	5802
this section against an owner or operator of a vehicle as a civil	5803
violation for failure to comply with toll collection rules shall	5804
be revenues of the department or public-private operator as set	5805
forth in the public-private agreement.	5806

(E)(1) Except as provided in division (E)(2) of this section,	5807
whoever violates division (D)(1) of this section is guilty of a	5808
minor misdemeanor on a first offense; on each subsequent offense	5809
such person is guilty of a misdemeanor of the fourth degree.	5810

(2) Whoever violates division (D)(1) of this section when the	5811
violation is a civil violation for failure to comply with toll	5812
collection rules is subject to a fee or charge established by the	5813
department by rule.	5814

Sec. 5502.01. (A) The department of public safety shall	5815
administer and enforce the laws relating to the registration,	5816
licensing, sale, and operation of motor vehicles and the laws	5817
pertaining to the licensing of drivers of motor vehicles.	5818

The department shall compile, analyze, and publish statistics	5819
relative to motor vehicle accidents and the causes of them,	5820
prepare and conduct educational programs for the purpose of	5821
promoting safety in the operation of motor vehicles on the	5822
highways, and conduct research and studies for the purpose of	5823
promoting safety on the highways of this state.	5824

(B) The department shall administer the laws and rules	5825
relative to trauma and emergency medical services specified in	5826
Chapter 4765. of the Revised Code and any laws and rules relative	5827
to commercial medical transportation services as may be specified	5828
in Chapter 4766. of the Revised Code.	5829

(C) The department shall administer and enforce the laws	5830
contained in Chapters 4301. and 4303. of the Revised Code and	5831
enforce the rules and orders of the liquor control commission	5832
pertaining to retail liquor permit holders.	5833

(D) The department shall administer the laws governing the	5834
state emergency management agency and shall enforce all additional	5835
duties and responsibilities as prescribed in the Revised Code	5836
related to emergency management services.	5837

(E) The department shall conduct investigations pursuant to	5838
Chapter 5101. of the Revised Code in support of the duty of the	5839
department of job and family services to administer the	5840
supplemental nutrition assistance program throughout this state.	5841
The department of public safety shall conduct investigations	5842
necessary to protect the state's property rights and interests in	5843
the supplemental nutrition assistance program.	5844

(F) The department of public safety shall enforce compliance	5845
with orders and rules of the public utilities commission and	5846
applicable laws in accordance with Chapters 4905., 4921., and	5847
4923. of the Revised Code regarding commercial motor vehicle	5848
transportation safety, economic, and hazardous materials	5849
requirements.	5850

(G) Notwithstanding Chapter 4117. of the Revised Code, the	5851
department of public safety may establish requirements for its	5852
enforcement personnel, including its enforcement agents described	5853
in section 5502.14 of the Revised Code, that include standards of	5854
conduct, work rules and procedures, and criteria for eligibility	5855
as law enforcement personnel.	5856

(H) The department shall administer, maintain, and operate	5857
the Ohio criminal justice network. The Ohio criminal justice	5858
network shall be a computer network that supports state and local	5859
criminal justice activities. The network shall be an electronic	5860
repository for various data, which may include arrest warrants,	5861
notices of persons wanted by law enforcement agencies, criminal	5862
records, prison inmate records, stolen vehicle records, vehicle	5863
operator's licenses, and vehicle registrations and titles.	5864

(I) The department shall coordinate all homeland security	5865
activities of all state agencies and shall be a liaison between	5866
state agencies and local entities for those activities and related	5867
purposes.	5868

(J) Beginning July 1, 2004, the department shall administer	5869
and enforce the laws relative to private investigators and	5870
security service providers specified in Chapter 4749. of the	5871
Revised Code.	5872

(K) The department shall administer criminal justice services	5873
in accordance with sections 5502.61 to 5502.66 of the Revised	5874
Code.	5875

Sec. 5503.04. Forty-five per cent of the fines collected	5876
from or moneys arising from bail forfeited by persons apprehended	5877
or arrested by state highway patrol troopers shall be paid into	5878
the state treasury to be credited to the general revenue fund,	5879
five per cent shall be paid into the state treasury to be credited	5880
to the trauma and emergency medical services fund created by	5881
section 4513.263 of the Revised Code, and fifty per cent shall be	5882
paid into the treasury of the municipal corporation where the case	5883
is prosecuted, if in a mayor's court. If the prosecution is in a	5884
trial court outside a municipal corporation, or outside the	5885
territorial jurisdiction of a municipal court, the fifty per cent	5886
of the fines and moneys that is not paid into the state treasury	5887
shall be paid into the treasury of the county where the case is	5888
prosecuted. The fines and moneys paid into a county treasury and	5889
the fines and moneys paid into the treasury of a municipal	5890
corporation shall be deposited one-half to the same fund and	5891
expended in the same manner as is the revenue received from the	5892
registration of motor vehicles, and one-half to the general fund	5893
of such county or municipal corporation.	5894

If the prosecution is in a municipal court, forty-five per	5895
cent of the fines and moneys shall be paid into the state treasury	5896
to be credited to the general revenue fund, five per cent shall be	5897
paid into the state treasury to be credited to the trauma and	5898
emergency medical services ~~grants~~ fund created by division (E) of	5899
section 4513.263 of the Revised Code, ten per cent shall be paid	5900
into the county treasury to be credited to the general fund of the	5901
county, and forty per cent shall be paid into the municipal	5902
treasury to be credited to the general fund of the municipal	5903
corporation. In the Auglaize county, Clermont county, Crawford	5904
county, Hocking county, Jackson county, Lawrence county, Madison	5905
county, Miami county, Ottawa county, Portage county, and Wayne	5906
county municipal courts, that portion of money otherwise paid into	5907
the municipal treasury shall be paid into the county treasury.	5908

The trial court shall make remittance of the fines and moneys	5909
as prescribed in this section, and at the same time as the	5910
remittance is made of the state's portion to the state treasury,	5911
the trial court shall notify the superintendent of the state	5912
highway patrol of the case and the amount covered by the	5913
remittance.	5914

This section does not apply to fines for violations of	5915
division (B) of section 4513.263 of the Revised Code, or for	5916
violations of any municipal ordinance that is substantively	5917
comparable to that division, all of which shall be delivered to	5918
the treasurer of state as provided in division (E) of section	5919
4513.263 of the Revised Code.	5920

Sec. 5503.31. The state highway patrol shall have the same	5921
authority as is conferred upon it by section 5503.02 of the	5922
Revised Code with respect to the enforcement of state laws on	5923
other roads and highways and on other state properties, to enforce	5924
on all turnpike projects the laws of the state and the bylaws,	5925
rules, and regulations of the Ohio turnpike and infrastructure	5926
commission. The patrol, the superintendent of the patrol, and all	5927
state highway patrol troopers shall have the same authority to	5928
make arrests on all turnpike projects for violations of state laws	5929
and of bylaws, rules, and regulations of the Ohio turnpike and	5930
infrastructure commission as is conferred upon them by section	5931
5503.02 of the Revised Code to make arrests on, and in connection	5932
with offenses committed on, other roads and highways and on other	5933
state properties.	5934

Sec. 5503.32. The director of public safety may from time to	5935
time enter into contracts with the Ohio turnpike and	5936
infrastructure commission with respect to the policing of turnpike	5937
projects by the state highway patrol. The contracts shall provide	5938
for the reimbursement of the state by the commission for the costs	5939
incurred by the patrol in policing turnpike projects, including,	5940
but not limited to, the salaries of employees of the patrol	5941
assigned to the policing, the current costs of funding retirement	5942
pensions for the employees of the patrol and of providing workers'	5943
compensation for them, the cost of training state highway patrol	5944
troopers and radio operators assigned to turnpike projects, and	5945
the cost of equipment and supplies used by the patrol in such	5946
policing, and of housing for such troopers and radio operators, to	5947
the extent that the equipment, supplies, and housing are not	5948
directly furnished by the commission. Each contract may provide	5949
for the ascertainment of such costs, and shall be of any duration,	5950
not in excess of five years, and may contain any other terms, that	5951
the director and the commission may agree upon. The patrol shall	5952
not be obligated to furnish policing services on any turnpike	5953
project beyond the extent required by the contract. All payments	5954
pursuant to any contract in reimbursement of the costs of the	5955
policing shall be deposited in the state treasury to the credit of	5956
the turnpike policing fund, which is hereby created. All	5957
investment earnings of the fund shall be credited to the fund.	5958

Sec. 5513.01. (A) All purchases of machinery, materials,	5959
supplies, or other articles that the director of transportation	5960
makes shall be in the manner provided in this section. In all	5961
cases except those in which the director provides written	5962
authorization for purchases by district deputy directors of	5963
transportation, all such purchases shall be made at the central	5964
office of the department of transportation in Columbus. Before	5965
making any purchase at that office, the director, as provided in	5966
this section, shall give notice to bidders of the director's	5967
intention to purchase. Where the expenditure does not exceed the	5968
amount applicable to the purchase of supplies specified in	5969
division (B) of section 125.05 of the Revised Code, as adjusted	5970
pursuant to division (D) of that section, the director shall give	5971
such notice as the director considers proper, or the director may	5972
make the purchase without notice. Where the expenditure exceeds	5973
the amount applicable to the purchase of supplies specified in	5974
division (B) of section 125.05 of the Revised Code, as adjusted	5975
pursuant to division (D) of that section, the director shall give	5976
notice by posting for not less than ten days a written, typed, or	5977
printed invitation to bidders on a bulletin board, which shall be	5978
located in a place in the offices assigned to the department and	5979
open to the public during business hours. Producers or	5980
distributors of any product may notify the director, in writing,	5981
of the class of articles for the furnishing of which they desire	5982
to bid and their post-office addresses, in which case copies of	5983
all invitations to bidders relating to the purchase of such	5984
articles shall be mailed to such persons by the director by	5985
regular first class mail at least ten days prior to the time fixed	5986
for taking bids. The director also may mail copies of all	5987
invitations to bidders to news agencies or other agencies or	5988
organizations distributing information of this character. Requests	5989
for invitations shall not be valid nor require action by the	5990
director unless renewed, either annually or after such shorter	5991
period as the director may prescribe by a general rule. The	5992
invitation to bidders shall contain a brief statement of the	5993
general character of the article that it is intended to purchase,	5994
the approximate quantity desired, and a statement of the time and	5995
place where bids will be received, and may relate to and describe	5996
as many different articles as the director thinks proper, it being	5997
the intent and purpose of this section to authorize the inclusion	5998
in a single invitation of as many different articles as the	5999
director desires to invite bids upon at any given time.	6000
Invitations issued during each calendar year shall be given	6001
consecutive numbers, and the number assigned to each invitation	6002
shall appear on all copies thereof. In all cases where notice is	6003
required by this section, sealed bids shall be taken, on forms	6004
prescribed and furnished by the director, and modification of bids	6005
after they have been opened shall not be permitted.	6006

(B) The director may permit the Ohio turnpike and	6007
infrastructure commission, any political subdivision, and any	6008
state university or college to participate in contracts into which	6009
the director has entered for the purchase of machinery, materials,	6010
supplies, or other articles. The turnpike and infrastructure	6011
commission and any political subdivision or state university or	6012
college desiring to participate in such purchase contracts shall	6013
file with the director a certified copy of the bylaws or rules of	6014
the turnpike and infrastructure commission or the ordinance or	6015
resolution of the legislative authority, board of trustees, or	6016
other governing board requesting authorization to participate in	6017
such contracts and agreeing to be bound by such terms and	6018
conditions as the director prescribes. Purchases made by the	6019
turnpike and infrastructure commission, political subdivisions, or	6020
state universities or colleges under this division are exempt from	6021
any competitive bidding required by law for the purchase of	6022
machinery, materials, supplies, or other articles.	6023

6024

(1) "Political subdivision" means any county, township,	6025
municipal corporation, conservancy district, township park	6026
district, park district created under Chapter 1545. of the Revised	6027
Code, port authority, regional transit authority, regional airport	6028
authority, regional water and sewer district, county transit	6029
board, or school district as defined in section 5513.04 of the	6030
Revised Code.	6031

(2) "State university or college" has the same meaning as in	6032
division (A)(1) of section 3345.32 of the Revised Code.	6033

(3) "Ohio turnpike and infrastructure commission" means the	6034
commission created by section 5537.02 of the Revised Code.	6035

Sec. 5515.01. (A) The director of transportation ~~may~~, upon	6036
formal application being made to the director, may grant a permit	6037
to any individual, firm, or corporation to use or occupy such	6038
portion of a road or highway on the state highway system as will	6039
not incommode the traveling public. Such permits, when granted,	6040
shall be upon the following conditions:	6041

~~(A)~~(1) The director may issue a permit to any individual,	6042
firm, or corporation for any use of a road or highway on the state	6043
highway system that is consistent with applicable federal law or	6044
federal regulations.	6045

~~(B)~~(2) Such location shall be changed as prescribed by the	6046
director when the director deems such change necessary for the	6047
convenience of the traveling public, or in connection with or	6048
contemplation of, the construction, reconstruction, improvement,	6049
relocating, maintenance, or repair of such road or highway.	6050

~~(C)~~(3) The placing of objects or things shall be at a grade	6051
and in accordance with such plans, specifications, or both, as	6052
shall be first approved by the director.	6053

~~(D)~~(4) The road or highway in all respects shall be fully	6054
restored to its former condition of usefulness and at the expense	6055
of such individual, firm, or corporation.	6056

~~(E)~~(5) Such individual, firm, or corporation shall maintain	6057
all objects and things in a proper manner, promptly repair all	6058
damages resulting to such road or highway on account thereof, and	6059
in event of failure to so repair such road or highway to pay to	6060
the state all costs and expenses that may be expended by the	6061
director in repairing any damage.	6062

~~(F)~~(6) Such other conditions as may seem reasonable to the	6063
director, ~~but no condition shall be prescribed that imposes the~~	6064
~~payment of a money consideration for the privilege granted~~	6065
including payment of a reasonable one-time access permit	6066
processing fee not exceeding thirty dollars for agricultural	6067
access, seventy dollars for residential access, and three hundred	6068
dollars for commercial or industrial access. Nothing in this	6069
division prohibits the director from requiring payment of money	6070
consideration for a lease, easement, license, or other interest in	6071
a transportation facility under control of the department of	6072
transportation.	6073

~~(G)~~(7) Permits may be revoked by the director at any time for	6074
a noncompliance with the conditions imposed.	6075

~~(H)~~(8) As a condition precedent to the issuance of any permit	6076
for telecommunications facilities or carbon capture and storage	6077
pipelines, the director shall require the applicant to provide	6078
proof it is party to a lease, easement, or license for the	6079
construction, placement, or operation of such facility or pipeline	6080
in or on a transportation facility.	6081

(B) Except as otherwise provided in this section and section	6082
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,	6083
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,	6084
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit	6085
telephone and electric light and power companies from	6086
constructing, maintaining, and using telephone or electric light	6087
and power lines along and upon such roads or highways under	6088
section 4933.14 or other sections of the Revised Code, or to	6089
affect existing rights of any such companies, or to require such	6090
companies to obtain a permit from the director, except with	6091
respect to the location of poles, wires, conduits, and other	6092
equipment comprising lines on or beneath the surface of such road	6093
or highways.	6094

(C) This section does not prohibit steam or electric railroad	6095
companies from constructing tracks across such roads or highways,	6096
nor authorize the director to grant permission to any company	6097
owning, operating, controlling, or managing a steam railroad or	6098
interurban railway in this state to build a new line of railroad,	6099
or to change or alter the location of existing tracks across any	6100
road or highway on the state highway system at grade. No such	6101
company shall change the elevation of any of its tracks across	6102
such road or highway except in accordance with plans and	6103
specifications first approved by the director.	6104

(D) This section does not relieve any individual, firm, or	6105
corporation from the obligation of satisfying any claim or demand	6106
of an owner of lands abutting on such road or highway on the state	6107
highway system on account of placing in such road or highway a	6108
burden in addition to public travel.	6109

Sec. 5517.011. (A) Notwithstanding section 5517.01 or Chapter	6110
153. of the Revised Code, the director of transportation may	6111
establish ~~a program to~~programs that expedite the sale and	6112
construction of special projects ~~by combining~~. The programs may	6113
do the following:	6114

(1) Combine the design and construction elements of a ~~highway~~	6115
~~or bridge~~transportation facility project into a single contract.	6116
The director shall prepare and distribute a scope of work document	6117
upon which the bidders shall base their bids. ~~Except in regard to~~	6118
~~those requirements relating to providing plans, the director shall~~	6119
~~award contracts under this section in accordance with Chapter~~	6120
~~5525. of the Revised Code.~~	6121

~~Notwithstanding any provision of Chapter 5525. of the Revised~~	6122
~~Code, the~~The director may develop and use a value-based selection	6123
process, combining technical qualifications and competitive	6124
bidding elements, including consideration for minority or	6125
disadvantaged businesses that may include joint ventures, when	6126
letting special projects that contain both design and construction	6127
elements of a transportation facility project into a single	6128
contract.	6129

(2) Engage a construction manager during the design phase of	6130
a transportation facility project to provide constructability	6131
input including scheduling, pricing, and phasing, and utilize the	6132
same construction manager to construct the project. The director	6133
may execute separate contracts with the construction manager for	6134
constructability input and construction, and may include a	6135
guaranteed maximum price in the construction contract. The	6136
director may develop and use a value-based selection process,	6137
combining technical qualifications and competitive bidding	6138
elements, including consideration for minority or disadvantaged	6139
businesses that may include joint ventures, when letting special	6140
projects that utilize a construction manager for both	6141
constructability input and construction. The authority granted	6142
under division (A)(2) of this section shall be limited to one	6143
pilot project as determined by the director unless otherwise	6144
specified by law.	6145

(B) Except as provided in this section, the director shall	6146
award contracts in accordance with Chapter 5525. of the Revised	6147
Code.	6148

The total dollar value of contracts made under this section	6149
shall not exceed one billion dollars per fiscal year. The director	6150
may provide compensation for preparation of a responsive	6151
preliminary design concept to not more than two bidders who, after	6152
the successful bidder, submitted the next best bids. The director	6153
may establish policies or procedures necessary to determine the	6154
amount of compensation to be provided for each project and the	6155
method of evaluating the value of the preliminary design concept	6156
submitted, but in no instance may the compensation exceed the	6157
value of such concept.	6158

Sec. 5517.02. (A) Before undertaking the construction,	6159
reconstruction by widening or resurfacing, or improvement of a	6160
state highway, or a bridge or culvert thereon, or the installation	6161
of a traffic control signal on a state highway, the director of	6162
transportation, except as provided in section 5517.021 of the	6163
Revised Code, shall make an estimate of the cost of the work using	6164
the force account project assessment form developed by the auditor	6165
of state under section 117.16 of the Revised Code. In	6166
~~constructing, or reconstructing by widening or resurfacing,~~	6167
~~improving, maintaining, and repairing state highways, and the~~	6168
~~bridges and culverts thereon, and in installing, maintaining, and~~	6169
~~repairing traffic control signals on state highways, the director,~~	6170
~~except as provided in division (B) of this section, shall proceed~~	6171
~~by contract let to the lowest competent and responsible bidder,~~	6172
~~after advertisement as provided in section 5525.01 of the Revised~~	6173
~~Code~~When a force account project assessment form is required, the	6174
estimate shall include costs for subcontracted work and any	6175
competitively bid component costs.	6176

(B)(1) ~~Where the work contemplated is the construction of a~~	6177
~~bridge or culvert, or the installation of a traffic control~~	6178
~~signal, estimated to cost not more than fifty thousand dollars,~~	6179
~~the director may proceed by employing labor, purchasing materials,~~	6180
~~and furnishing equipment.~~	6181

~~(2) The~~After complying with division (A) of this section,	6182
the director may ~~also~~ proceed without competitive bidding with	6183
maintenance or repair work by employing labor, purchasing	6184
materials, and furnishing equipment, ~~provided~~if the total	6185
estimated cost of the completed operation, or series of connected	6186
operations, does not exceed ~~twenty-five~~the following, as adjusted	6187
under division (B)(2) of this section:	6188

(a) Thirty thousand dollars per centerline mile of highway,	6189
exclusive of structures and traffic control signals~~, or fifty~~;	6190

(b) Sixty thousand dollars for any single ~~structure or~~	6191
traffic control signal or any other single project.	6192

~~(3)~~(2) On the first day of July of every odd-numbered year	6193
beginning in 2015, the director shall increase the amounts	6194
established in division (B)(1) of this section by an amount not to	6195
exceed the lesser of three per cent, or the percentage amount of	6196
any increase in the department of transportation's construction	6197
cost index as annualized and totaled for the prior two calendar	6198
years. The director shall publish the applicable amounts on the	6199
department's internet web site.	6200

(C) The director may proceed by furnishing equipment,	6201
purchasing materials, and employing labor in the erection of	6202
temporary bridges or the making of temporary repairs to a highway	6203
or bridge rendered necessary by flood, landslide, or other	6204
extraordinary emergency. If the director determines inability to	6205
complete such emergency work by force account, the director may	6206
contract for any part of the work, with or without advertising for	6207
bids, as the director considers for the best interest of the	6208
department of transportation.	6209

(D) When a project proceeds by force account under this	6210
section or section 5517.021 of the Revised Code, the department of	6211
transportation shall perform the work in compliance with any	6212
project requirements and specifications that would have applied if	6213
a contract for the work had been let by competitive bidding. The	6214
department shall retain in the project record all records	6215
documenting materials testing compliance, materials placement	6216
compliance, actual personnel and equipment hours usage, and all	6217
other documentation that would have been required if a contract	6218
for the work had been let by competitive bidding.	6219

(E) The director shall proceed by competitive bidding to let	6220
work to the lowest competent and responsible bidder after	6221
advertisement as provided in section 5525.01 of the Revised Code	6222
in both of the following situations:	6223

(1) When the scope of work exceeds the limits established in	6224
section 5517.021 of the Revised Code;	6225

(2) When the estimated cost for a project, other than work	6226
described in section 5517.021 of the Revised Code, exceeds the	6227
amounts established in division (B) of this section, as adjusted.	6228

Sec. 5517.021. (A)(1) The director of transportation may	6229
proceed without competitive bidding by employing labor, purchasing	6230
materials, and furnishing equipment to do any of the following	6231
work:	6232

(a) Replace any single span bridge in its substantial	6233
entirety or widen any single span bridge, including necessary	6234
modifications to accommodate widening the existing substructure	6235
and wing walls. The director shall proceed under division	6236
(A)(1)(a) of this section only if the deck area of the new or	6237
widened bridge does not exceed seven hundred square feet as	6238
measured around the outside perimeter of the deck.	6239

(b) Replace the bearings, beams, and deck of any bridge on	6240
that bridge's existing foundation if the deck area of the	6241
rehabilitated structure does not exceed eight hundred square feet;	6242

(c) Construct or replace any single cell or multi-cell	6243
culvert whose total waterway opening does not exceed fifty-two	6244
square feet;	6245

(d) Pave or patch an asphalt surface if the operation does	6246
not exceed one hundred twenty tons of asphalt per lane-mile of	6247
roadway length, except that the department shall not perform a	6248
continuous resurfacing operation under this section if the cost of	6249
the work exceeds the amount established in division (B)(1)(a) of	6250
section 5517.02 of the Revised Code, as adjusted.	6251

(2) Work performed in accordance with division (A)(1) of this	6252
section may include approach roadway work, extending not more than	6253
one hundred fifty feet as measured from the back side of the	6254
bridge abutment wall or outside edge of the culvert, as	6255
applicable. The length of an approach guardrail shall be in	6256
accordance with department of transportation design requirements	6257
and shall not be included in the approach work size limitation.	6258

(B) The requirements of section 117.16 of the Revised Code	6259
shall not apply to work described in division (A) of this section	6260
and the work shall be exempt from audit for force account purposes	6261
except to determine compliance with the applicable size or tonnage	6262
restrictions.	6263

Sec. 5525.01. Before entering into a contract, the director	6264
of transportation shall advertise for bids for two consecutive	6265
weeks in one newspaper of general circulation published in the	6266
county in which the improvement or part thereof is located, but if	6267
there is no such newspaper then in one newspaper having general	6268
circulation in an adjacent county. In the alternative, the	6269
director may advertise for bids as provided in section 7.16 of the	6270
Revised Code. The director may advertise for bids in such other	6271
publications as the director considers advisable. Such notices	6272
shall state that plans and specifications for the improvement are	6273
on file in the office of the director and the district deputy	6274
director of the district in which the improvement or part thereof	6275
is located and the time within which bids therefor will be	6276
received.	6277

Each bidder shall be required to file with the bidder's bid a	6278
bid guaranty in the form of a certified check, a cashier's check,	6279
or an electronic funds transfer to the treasurer of state that is	6280
evidenced by a receipt or by a certification to the director of	6281
transportation in a form prescribed by the director that an	6282
electronic funds transfer has been made to the treasurer of state,	6283
for an amount equal to five per cent of the bidder's bid, but in	6284
no event more than fifty thousand dollars, or a bid bond for ten	6285
per cent of the bidder's bid, payable to the director, which	6286
check, transferred sum, or bond shall be forthwith returned to the	6287
bidder in case the contract is awarded to another bidder, or, in	6288
case of a successful bidder, when the bidder has entered into a	6289
contract and furnished the bonds required by section 5525.16 of	6290
the Revised Code. In the event the contract is awarded to a	6291
bidder, and the bidder fails or refuses to furnish the bonds as	6292
required by section 5525.16 of the Revised Code, the check,	6293
transferred sum, or bid bond filed with the bidder's bid shall be	6294
forfeited as liquidated damages. No bidder shall be required	6295
either to file a signed contract with the bidder's bid, to enter	6296
into a contract, or to furnish the contract performance bond and	6297
the payment bond required by that section until the bids have been	6298
opened and the bidder has been notified by the director that the	6299
bidder is awarded the contract.	6300

The director shall permit a bidder to withdraw the bidder's	6301
bid from consideration, without forfeiture of the check,	6302
transferred sum, or bid bond filed with the bid, providing a	6303
written request together with a sworn statement of the grounds for	6304
such withdrawal is delivered within forty-eight hours after the	6305
time established for the receipt of bids, and if the price bid was	6306
substantially lower than the other bids, providing the bid was	6307
submitted in good faith, and the reason for the price bid being	6308
substantially lower was a clerical mistake evident on the face of	6309
the bid, as opposed to a judgment mistake, and was actually due to	6310
an unintentional and substantial arithmetic error or an	6311
unintentional omission of a substantial quantity of work, labor,	6312
or material made directly in the compilation of the bid. In the	6313
event the director decides the conditions for withdrawal have not	6314
been met, the director may award the contract to such bidder. If	6315
such bidder does not then enter into a contract and furnish the	6316
contract bond as required by law, the director may declare	6317
forfeited the check, transferred sum, or bid bond as liquidated	6318
damages and award the contract to the next higher bidder or reject	6319
the remaining bids and readvertise the project for bids. Such	6320
bidder ~~may~~, within thirty days, may appeal the decision of the	6321
director to the court of common pleas of Franklin county and the	6322
court may affirm or reverse the decision of the director and may	6323
order the director to refund the amount of the forfeiture. At the	6324
hearing before the common pleas court evidence may be introduced	6325
for and against the decision of the director. The decision of the	6326
common pleas court may be appealed as in other cases.	6327

There is hereby created the ODOT letting fund, which shall be	6328
in the custody of the treasurer of state but shall not be part of	6329
the state treasury. All certified checks and cashiers' checks	6330
received with bidders' bids, and all sums transferred to the	6331
treasurer of state by electronic funds transfer in connection with	6332
bidders' bids, under this section shall be credited to the fund.	6333
All such bid guaranties shall be held in the fund until a	6334
determination is made as to the final disposition of the money. If	6335
the department determines that any such bid guaranty is no longer	6336
required to be held, the amount of the bid guaranty shall be	6337
returned to the appropriate bidder. If the department determines	6338
that a bid guaranty under this section shall be forfeited, the	6339
amount of the bid guaranty shall be transferred or, in the case of	6340
money paid on a forfeited bond, deposited into the state treasury,	6341
to the credit of the highway operating fund. Any investment	6342
earnings of the ODOT letting fund shall be distributed as the	6343
treasurer of state considers appropriate.	6344

The director shall require all bidders to furnish the	6345
director, upon such forms as the director may prescribe, detailed	6346
information with respect to all pending work of the bidder,	6347
whether with the department of transportation or otherwise,	6348
together with such other information as the director considers	6349
necessary.	6350

In the event a bidder fails to submit anything required to be	6351
submitted with the bid and then fails or refuses to so submit such	6352
at the request of the director, the failure or refusal constitutes	6353
grounds for the director, in the director's discretion, to declare	6354
as forfeited the bid guaranty submitted with the bid.	6355

The director may reject any or all bids. Except in regard to	6356
contracts for environmental remediation and specialty work for	6357
which there are no classes of work set out in the rules adopted by	6358
the director, if the director awards the contract, the director	6359
shall award it to the lowest competent and responsible bidder as	6360
defined by rules adopted by the director under section 5525.05 of	6361
the Revised Code, who is qualified to bid under sections 5525.02	6362
to 5525.09 of the Revised Code. In regard to contracts for	6363
environmental remediation and specialty work for which there are	6364
no classes of work set out in the rules adopted by the director,	6365
the director shall competitively bid the projects in accordance	6366
with this chapter and shall award the contracts to the lowest and	6367
best bidder.	6368

The award for all projects competitively let by the director	6369
under this section shall be made within ten days after the date on	6370
which the bids are opened, and the successful bidder shall enter	6371
into a contract and furnish a contract performance bond and a	6372
payment bond, as provided for in section 5525.16 of the Revised	6373
Code, within ten days after the bidder is notified that the bidder	6374
has been awarded the contract.	6375

The director may insert in any contract awarded under this	6376
chapter a clause providing for value engineering change proposals,	6377
under which a contractor who has been awarded a contract may	6378
propose a change in the plans and specifications of the project	6379
that saves the department time or money on the project without	6380
impairing any of the essential functions and characteristics of	6381
the project such as service life, reliability, economy of	6382
operation, ease of maintenance, safety, and necessary standardized	6383
features. If the director adopts the value engineering proposal,	6384
the savings from the proposal shall be divided between the	6385
department and the contractor according to guidelines established	6386
by the director, provided that the contractor shall receive at	6387
least fifty per cent of the savings from the proposal. The	6388
adoption of a value engineering proposal does not invalidate the	6389
award of the contract or require the director to rebid the	6390
project.	6391

Sec. 5525.16. (A) Before entering into a contract, the	6392
director of transportation shall require a contract performance	6393
bond and a payment bond with sufficient sureties, as follows:	6394

(1) A contract performance bond in an amount equal to one	6395
hundred per cent of the ~~estimated cost of the work~~contract	6396
amount, conditioned, among other things, that the contractor will	6397
perform the work upon the terms proposed, within the time	6398
prescribed, and in accordance with the plans and specifications,	6399
will indemnify the state against any damage that may result from	6400
any failure of the contractor to so perform, and, further, in case	6401
of a grade separation will indemnify any railroad company involved	6402
against any damage that may result by reason of the negligence of	6403
the contractor in making the improvement.	6404

(2) A payment bond in an amount equal to one hundred per cent	6405
of the ~~estimated cost of the work~~contract amount, conditioned for	6406
the payment by the contractor and all subcontractors for labor or	6407
work performed or materials furnished in connection with the work,	6408
improvement, or project involved.	6409

(B) In no case is the state liable for damages sustained in	6410
the construction of any work, improvement, or project under this	6411
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516.,	6412
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and	6413
5535. of the Revised Code.	6414

This section does not require the director to take bonds as	6415
described in division (A) of this section in connection with any	6416
force account work, but the director may require those bonds in	6417
connection with force account work.	6418

If any bonds taken under this section are executed by a	6419
surety company, the director may not approve such bonds unless	6420
there is attached a certificate of the superintendent of insurance	6421
that the company is authorized to transact business in this state,	6422
and a copy of the power of attorney of the agent of the company.	6423
The superintendent, upon request, shall issue to any licensed	6424
agent of such company the certificate without charge.	6425

The bonds required to be taken under this section shall be	6426
executed by the same surety, approved by the director as to	6427
sufficiency of the sureties, and be in the form prescribed by the	6428
attorney general.	6429

(C) Any person to whom any money is due for labor or work	6430
performed or materials furnished in connection with a work,	6431
improvement, or project, at any time after performing the labor or	6432
furnishing the materials but not later than ninety days after the	6433
acceptance of the work, improvement, or project by the director,	6434
may furnish to the sureties on the payment bond a statement of the	6435
amount due the person. If the indebtedness is not paid in full at	6436
the expiration of sixty days after the statement is furnished, the	6437
person may commence an action in the person's own name upon the	6438
bond as provided in sections 2307.06 and 2307.07 of the Revised	6439
Code.	6440

An action shall not be commenced against the sureties on a	6441
payment bond until sixty days after the furnishing of the	6442
statement described in this section or, notwithstanding section	6443
2305.12 of the Revised Code, later than one year after the date of	6444
the acceptance of the work, improvement, or project.	6445

(D) As used in this section, "improvement," "subcontractor,"	6446
"material supplier," and "materials" have the same meanings as in	6447
section 1311.01 of the Revised Code, and "contractor" has the same	6448
meaning as "original contractor" as defined in that section.	6449

Sec. 5533.31. The road known as interstate route eighty,	6450
extending across Ohio from the Pennsylvania border in Trumbull	6451
county to the Indiana border in Williams county, shall be known as	6452
the "Christopher Columbus highway."	6453

The director of transportation may erect suitable markers	6454
upon the portions of such highway under ~~his~~the director's	6455
jurisdiction indicating its name, and the Ohio turnpike and	6456
infrastructure commission may erect suitable markers on the	6457
portions of such highway under its jurisdiction indicating its	6458
name.	6459

Sec. 5537.01. As used in this chapter:

6460

(A) "Commission" means the Ohio turnpike and infrastructure	6461
commission created by section 5537.02 of the Revised Code or, if	6462
that commission is abolished, the board, body, officer, or	6463
commission succeeding to the principal functions thereof or to	6464
which the powers given by this chapter to the commission are given	6465
by law.	6466

(B) "~~Project" or "turnpike~~Turnpike project" means any	6467
express or limited access highway, super highway, or motorway	6468
constructed, operated, or improved, under the jurisdiction of the	6469
commission and pursuant to this chapter, at a location or	6470
locations reviewed by the turnpike legislative review committee	6471
and approved by the governor, including all bridges, tunnels,	6472
overpasses, underpasses, interchanges, entrance plazas,	6473
approaches, those portions of connecting public roads that serve	6474
interchanges and are determined by the commission and the director	6475
of transportation to be necessary for the safe merging of traffic	6476
between the turnpike project and those public roads, toll booths,	6477
service facilities, and administration, storage, and other	6478
buildings, property, and facilities that the commission considers	6479
necessary for the operation or policing of the turnpike project,	6480
together with all property and rights which may be acquired by the	6481
commission for the construction, maintenance, or operation of the	6482
turnpike project, and includes any sections or extensions of a	6483
turnpike project designated by the commission as such for the	6484
particular purpose. Each turnpike project shall be separately	6485
designated, by name or number, and may be constructed, improved,	6486
or extended in such sections as the commission may from time to	6487
time determine. Construction includes the improvement and	6488
renovation of a previously constructed turnpike project, including	6489
additional interchanges, whether or not the turnpike project was	6490
initially constructed by the commission.	6491

(C) "Infrastructure project" means any public express or	6492
limited access highway, super highway, or motorway, including all	6493
bridges, tunnels, overpasses, underpasses, interchanges, entrance	6494
plazas, approaches, and those portions of connecting public roads	6495
that serve interchanges, that is constructed or improved, in whole	6496
or in part, with infrastructure funding approved pursuant to	6497
criteria established under section 5537.18 of the Revised Code.	6498

(D) "Cost," as applied to construction of a turnpike project	6499
or an infrastructure project, includes the cost of construction,	6500
including bridges over or under existing highways and railroads,	6501
acquisition of all property acquired either by the commission or	6502
by the owner of the infrastructure project for the construction,	6503
demolishing or removing any buildings or structures on land so	6504
acquired, including the cost of acquiring any lands to which the	6505
buildings or structures may be moved, site clearance, improvement,	6506
and preparation, diverting public roads, interchanges with public	6507
roads, access roads to private property, including the cost of	6508
land or easements therefor, all machinery, furnishings, and	6509
equipment, communications facilities, financing expenses, interest	6510
prior to and during construction and for one year after completion	6511
of construction, traffic estimates, indemnity and surety bonds and	6512
premiums on insurance, title work and title commitments,	6513
insurance, and guarantees, engineering, feasibility studies, and	6514
legal expenses, plans, specifications, surveys, estimates of cost	6515
and revenues, other expenses necessary or incident to determining	6516
the feasibility or practicability of constructing or operating a	6517
turnpike project or an infrastructure project, administrative	6518
expenses, and any other expense that may be necessary or incident	6519
to the construction of the turnpike project or an infrastructure	6520
project, the financing of the construction, and the placing of the	6521
turnpike project or an infrastructure project in operation. Any	6522
obligation or expense incurred by the department of transportation	6523
with the approval of the commission for surveys, borings,	6524
preparation of plans and specifications, and other engineering	6525
services in connection with the construction of a turnpike project	6526
or an infrastructure project, or by the federal government with	6527
the approval of the commission for any public road projects which	6528
must be reimbursed as a condition to the exercise of any of the	6529
powers of the commission under this chapter, shall be regarded as	6530
a part of the cost of the turnpike project or an infrastructure	6531
project and shall be reimbursed to the state or the federal	6532
government, as the case may be, from revenues, state taxes, or the	6533
proceeds of bonds as authorized by this chapter.	6534

~~(D)~~(E) "Owner" includes all persons having any title or	6535
interest in any property authorized to be acquired by the	6536
commission for turnpike projects under this chapter, or the public	6537
entity for whom an infrastructure project is funded, in whole or	6538
in part, by the commission under this chapter.	6539

~~(E)~~(F) "Revenues" means all tolls, service revenues,	6540
investment income on special funds, rentals, gifts, grants, and	6541
all other moneys coming into the possession of or under the	6542
control of the commission by virtue of this chapter, except the	6543
proceeds from the sale of bonds. "Revenues" does not include state	6544
taxes.	6545

~~(F)~~(G) "Public roads" means all public highways, roads, and	6546
streets in the state, whether maintained by a state agency or any	6547
other governmental agency.	6548

~~(G)~~(H) "Public utility facilities" means tracks, pipes,	6549
mains, conduits, cables, wires, towers, poles, and other equipment	6550
and appliances of any public utility.	6551

~~(H)~~(I) "Financing expenses" means all costs and expenses	6552
relating to the authorization, issuance, sale, delivery,	6553
authentication, deposit, custody, clearing, registration,	6554
transfer, exchange, fractionalization, replacement, payment, and	6555
servicing of bonds including, without limitation, costs and	6556
expenses for or relating to publication and printing, postage,	6557
delivery, preliminary and final official statements, offering	6558
circulars, and informational statements, travel and	6559
transportation, underwriters, placement agents, investment	6560
bankers, paying agents, registrars, authenticating agents,	6561
remarketing agents, custodians, clearing agencies or corporations,	6562
securities depositories, financial advisory services,	6563
certifications, audits, federal or state regulatory agencies,	6564
accounting and computation services, legal services and obtaining	6565
approving legal opinions and other legal opinions, credit ratings,	6566
redemption premiums, and credit enhancement facilities.	6567

~~(I)~~(J) "Bond proceedings" means the resolutions, trust	6568
agreements, certifications, notices, sale proceedings, leases,	6569
lease-purchase agreements, assignments, credit enhancement	6570
facility agreements, and other agreements, instruments, and	6571
documents, as amended and supplemented, or any one or more or any	6572
combination thereof, authorizing, or authorizing or providing for	6573
the terms and conditions applicable to, or providing for the	6574
security or sale or award or liquidity of, bonds, and includes the	6575
provisions set forth or incorporated in those bonds and bond	6576
proceedings.	6577

~~(J)~~(K) "Bond service charges" means principal, including any	6578
mandatory sinking fund or mandatory redemption requirements for	6579
the retirement of bonds, and interest and any redemption premium	6580
payable on bonds, as those payments come due and are payable to	6581
the bondholder or to a person making payment under a credit	6582
enhancement facility of those bond service charges to a	6583
bondholder.	6584

~~(K)~~(L) "Bond service fund" means the applicable fund created	6585
by the bond proceedings for and pledged to the payment of bond	6586
service charges on bonds provided for by those proceedings,	6587
including all moneys and investments, and earnings from	6588
investments, credited and to be credited to that fund as provided	6589
in the bond proceedings.	6590

~~(L)~~(M) "Bonds" means bonds, notes, including notes	6591
anticipating bonds or other notes, commercial paper, certificates	6592
of participation, or other evidences of obligation, including any	6593
interest coupons pertaining thereto, issued by the commission	6594
pursuant to this chapter.	6595

~~(M)~~(N) "Infrastructure fund" means the applicable fund or	6596
funds created by the bond proceedings, which shall be used to pay	6597
or defray the cost of infrastructure projects recommended by the	6598
director of transportation and evaluated and approved by the	6599
commission.	6600

(O) "Net revenues" means revenues lawfully available to pay	6601
both current operating expenses of the commission and bond service	6602
charges in any fiscal year or other specified period, less current	6603
operating expenses of the commission and any amount necessary to	6604
maintain a working capital reserve for that period.	6605

~~(N)~~(P) "Pledged revenues" means net revenues, moneys and	6606
investments, and earnings on those investments, in the applicable	6607
bond service fund and any other special funds, and the proceeds of	6608
any bonds issued for the purpose of refunding prior bonds, all as	6609
lawfully available and by resolution of the commission committed	6610
for application as pledged revenues to the payment of bond service	6611
charges on particular issues of bonds.	6612

~~(O)~~(Q) "Service facilities" means service stations,	6613
restaurants, and other facilities for food service, roadside parks	6614
and rest areas, parking, camping, tenting, rest, and sleeping	6615
facilities, hotels or motels, and all similar and other facilities	6616
providing services to the traveling public in connection with the	6617
use of a turnpike project and owned, leased, licensed, or operated	6618
by the commission.	6619

~~(P)~~(R) "Service revenues" means those revenues of the	6620
commission derived from its ownership, leasing, licensing, or	6621
operation of service facilities.	6622

~~(Q)~~(S) "Special funds" means the applicable bond service fund	6623
and any accounts and subaccounts in that fund, any other funds or	6624
accounts permitted by and established under, and identified as a	6625
"special fund" or "special account" in, the bond proceedings,	6626
including any special fund or account established for purposes of	6627
rebate or other requirements under federal income tax laws.	6628

~~(R)~~(T) "State agencies" means the state, officers of the	6629
state, and boards, departments, branches, divisions, or other	6630
units or agencies of the state.	6631

~~(S)~~(U) "State taxes" means receipts of the commission from	6632
the proceeds of state taxes or excises levied and collected, or	6633
appropriated by the general assembly to the commission, for the	6634
purposes and functions of the commission. State taxes do not	6635
include tolls, or investment earnings on state taxes except on	6636
those state taxes referred to in Section 5a of Article XII, Ohio	6637
Constitution.	6638

~~(T)~~(V) "Tolls" means tolls, special fees or permit fees, or	6639
other charges by the commission to the owners, lessors, lessees,	6640
or operators of motor vehicles for the operation of or the right	6641
to operate those vehicles on a turnpike project.	6642

~~(U)~~(W) "Credit enhancement facilities" means letters of	6643
credit, lines of credit, standby, contingent, or firm securities	6644
purchase agreements, insurance, or surety arrangements,	6645
guarantees, and other arrangements that provide for direct or	6646
contingent payment of bond service charges, for security or	6647
additional security in the event of nonpayment or default in	6648
respect of bonds, or for making payment of bond service charges	6649
and at the option and on demand of bondholders or at the option of	6650
the commission or upon certain conditions occurring under put or	6651
similar arrangements, or for otherwise supporting the credit or	6652
liquidity of the bonds, and includes credit, reimbursement,	6653
marketing, remarketing, indexing, carrying, interest rate hedge,	6654
and subrogation agreements, and other agreements and arrangements	6655
for payment and reimbursement of the person providing the credit	6656
enhancement facility and the security for that payment and	6657
reimbursement.	6658

~~(V)~~(X) "Person" has the same meaning as in section 1.59 of	6659
the Revised Code and, unless the context otherwise provides, also	6660
includes any governmental agency and any combination of those	6661
persons.	6662

~~(W)~~(Y) "Refund" means to fund and retire outstanding bonds,	6663
including advance refunding with or without payment or redemption	6664
prior to stated maturity.	6665

~~(X)~~(Z) "Governmental agency" means any state agency, federal	6666
agency, political subdivision, or other local, interstate, or	6667
regional governmental agency, and any combination of those	6668
agencies.	6669

~~(Y)~~(AA) "Property" has the same meaning as in section 1.59 of	6670
the Revised Code, and includes interests in property.	6671

~~(Z)~~(BB) "Administrative agent," "agent," "commercial paper,"	6672
"floating rate interest structure," "indexing agent," "interest	6673
rate hedge," "interest rate period," "put arrangement," and	6674
"remarketing agent" have the same meanings as in section 9.98 of	6675
the Revised Code.	6676

~~(AA)~~(CC) "Outstanding," as applied to bonds, means	6677
outstanding in accordance with the terms of the bonds and the	6678
applicable bond proceedings.	6679

~~(BB)~~(DD) "Ohio turnpike system" or "system" means all	6680
existing and future turnpike projects constructed, operated, and	6681
maintained under the jurisdiction of the commission.	6682

(EE) "Ohio turnpike and infrastructure system" means turnpike	6683
projects and infrastructure projects funded by the commission	6684
existing on and after July 1, 2013.	6685

Sec. 5537.02. (A) There is hereby created a commission to be	6686
known on and after July 1, 2013, as the "Ohio turnpike and	6687
infrastructure commission." The commission is a body both	6688
corporate and politic, constituting an instrumentality of the	6689
state, and the exercise by it of the powers conferred by this	6690
chapter in the construction, operation, and maintenance of the	6691
Ohio turnpike system, and also in entering into agreements with	6692
the department of transportation to pay the cost or a portion of	6693
the costs of infrastructure projects, are and shall be held to be	6694
essential governmental functions of the state, but the commission	6695
shall not be immune from liability by reason thereof. Chapter	6696
2744. of the Revised Code applies to the commission and the	6697
commission is a political subdivision of the state for purposes of	6698
that chapter. The commission is subject to all provisions of law	6699
generally applicable to state agencies which do not conflict with	6700
this chapter.	6701

(B)(1) The commission shall consist of ~~nine~~ten members as	6702
follows:	6703

(a) ~~Four~~Six members appointed by the governor with the	6704
advice and consent of the senate, no more than ~~two~~three of whom	6705
shall be members of the same political party;	6706

(b) The director of transportation, who shall be a voting	6707
member, and the director of budget and management, ~~and the~~	6708
~~director of development, each~~both of whom shall ~~be a member~~serve	6709
as ex officio members, without compensation;	6710

(c) One member of the senate, appointed by the president of	6711
the senate, who shall represent either a district in which is	6712
located or through which passes a portion of a turnpike project	6713
that is part of the Ohio turnpike system or a district located in	6714
the vicinity of a turnpike project that is part of the Ohio	6715
turnpike system;	6716

(d) One member of the house of representatives, appointed by	6717
the speaker of the house of representatives, who shall represent	6718
either a district in which is located or through which passes a	6719
portion of a turnpike project that is part of the Ohio turnpike	6720
system or a district located in the vicinity of a turnpike project	6721
that is part of the Ohio turnpike system.	6722

(2) The members appointed by the governor shall be residents	6723
of the state, shall have been qualified electors therein for a	6724
period of at least five years next preceding their appointment,	6725
~~and~~. In making the appointments, the governor may appoint persons	6726
who reside in different geographic areas of the state, taking into	6727
consideration the various turnpike and infrastructure projects in	6728
the state. Members appointed to the commission prior to July 1,	6729
2013, shall serve terms of eight years commencing on the first day	6730
of July and ending on the thirtieth day of June. Thereafter,	6731
members appointed by the governor shall serve terms of three years	6732
commencing on the first day of July and ending on the thirtieth	6733
day of June. Those members appointed by the president of the	6734
senate or the speaker of the house of representatives shall serve	6735
a term of the remainder of the general assembly during which the	6736
senator or representative is appointed. Each appointed member	6737
shall hold office from the date of appointment until the end of	6738
the term for which the member was appointed. If a commission	6739
member dies or resigns, or if a senator or representative who is a	6740
member of the commission ceases to be a senator or representative,	6741
or if an ex officio member ceases to hold the applicable office,	6742
the vacancy shall be filled in the same manner as provided in	6743
division (B)(1) of this section. Any member who fills a vacancy	6744
occurring prior to the end of the term for which the member's	6745
predecessor was appointed shall, if appointed by the governor,	6746
hold office for the remainder of such term or, if appointed by the	6747
president of the senate or the speaker of the house of	6748
representatives, shall hold office for the remainder of the term	6749
or for a shorter period of time as determined by the president or	6750
the speaker. Any member appointed by the governor shall continue	6751
in office subsequent to the expiration date of the member's term	6752
until the member's successor takes office, or until a period of	6753
sixty days has elapsed, whichever occurs first. A member of the	6754
commission is eligible for reappointment. Each member of the	6755
commission appointed by the governor, before entering upon the	6756
member's duties, shall take an oath as provided by Section 7 of	6757
Article XV, Ohio Constitution. The governor, the president of the	6758
senate, or the speaker of the house of representatives, may at any	6759
time remove their respective appointees to the commission for	6760
misfeasance, nonfeasance, or malfeasance in office.	6761

(3)(a) A member of the commission who is appointed by the	6762
president of the senate or the speaker of the house of	6763
representatives shall not participate in any vote of the	6764
commission. Serving as an appointed member of the commission under	6765
divisions (B)(1)(c), (1)(d), or (2) of this section does not	6766
constitute grounds for resignation from the senate or the house of	6767
representatives under section 101.26 of the Revised Code.	6768

(b) The director of budget and management ~~and the director of~~	6769
~~development~~ shall not participate in any vote of the commission.	6770

(C) The voting members of the commission shall elect one of	6771
the ~~appointed~~ voting members as chairperson and another as	6772
vice-chairperson, and shall appoint a secretary-treasurer who need	6773
not be a member of the commission. ~~Three~~Four of the voting	6774
members of the commission constitute a quorum, and the affirmative	6775
vote of ~~three~~four voting members is necessary for any action	6776
taken by the commission. No vacancy in the membership of the	6777
commission impairs the rights of a quorum to exercise all the	6778
rights and perform all the duties of the commission.	6779

(D) Each member of the commission appointed by the governor	6780
shall give a surety bond to the commission in the penal sum of	6781
twenty-five thousand dollars and the secretary-treasurer shall	6782
give such a bond in at least the penal sum of fifty thousand	6783
dollars. The commission may require any of its officers or	6784
employees to file surety bonds including a blanket bond as	6785
provided in section 3.06 of the Revised Code. Each such bond shall	6786
be in favor of the commission and shall be conditioned upon the	6787
faithful performance of the duties of the office, executed by a	6788
surety company authorized to transact business in this state,	6789
approved by the governor, and filed in the office of the secretary	6790
of state. The costs of the surety bonds shall be paid or	6791
reimbursed by the commission from revenues. Each member of the	6792
commission appointed by the governor shall receive an annual	6793
salary of five thousand dollars, payable in monthly installments.	6794
Each member shall be reimbursed for the member's actual expenses	6795
necessarily incurred in the performance of the member's duties.	6796
All costs and expenses incurred by the commission in carrying out	6797
this chapter shall be payable solely from revenues and state	6798
taxes, and no liability or obligation shall be incurred by the	6799
commission beyond the extent to which revenues have been provided	6800
for pursuant to this chapter.	6801

Sec. 5537.03. In order to remove present and anticipated	6802
handicaps and potential hazards on the congested highways in this	6803
state, to facilitate vehicular traffic throughout the state, to	6804
finance infrastructure projects that enhance mobility and economic	6805
development in Ohio, to promote the agricultural, commercial,	6806
recreational, tourism, and industrial development of the state,	6807
and to provide for the general welfare by the construction,	6808
improvement, and maintenance of modern express highways embodying	6809
safety devices, including without limitation center divisions,	6810
ample shoulder widths, longsight distances, multiple lanes in each	6811
direction, and grade separations at intersections with other	6812
public roads and railroads, the Ohio turnpike and infrastructure	6813
commission~~, subject~~may do the following:	6814

(A) Subject to section 5537.26 of the Revised Code, ~~may~~	6815
construct, maintain, repair, and operate a system of turnpike	6816
projects at locations that are reviewed by the turnpike	6817
legislative review committee and approved by the governor, and in	6818
accordance with alignment and design standards that are approved	6819
by the director of transportation, and issue revenue bonds of this	6820
state, payable solely from pledged revenues, to pay the cost of	6821
those projects. The turnpikes and turnpike projects authorized by	6822
this chapter are hereby or shall be made part of the Ohio turnpike	6823
system.	6824

(B) Provide the infrastructure funds to pay the cost or a	6825
portion of the cost of infrastructure projects as recommended by	6826
the director of transportation pursuant to a determination made by	6827
the commission based on criteria set forth in rules adopted by the	6828
commission under section 5537.18 of the Revised Code. A	6829
determination by the commission to provide infrastructure funds	6830
for an infrastructure project shall be conclusive and	6831
incontestable.	6832

Sec. 5537.04. (A) The Ohio turnpike and infrastructure	6833
commission may do any of the following:	6834

(1) Adopt bylaws for the regulation of its affairs and the	6835
conduct of its business;	6836

(2) Adopt an official seal, which shall not be the great seal	6837
of the state and which need not be in compliance with section 5.10	6838
of the Revised Code;	6839

(3) Maintain a principal office and suboffices at such places	6840
within the state as it designates;	6841

(4) ~~Sue~~With respect to the Ohio turnpike system and turnpike	6842
projects, sue and be sued in its own name, plead and be impleaded,	6843
provided any actions against the commission shall be brought in	6844
the court of common pleas of the county in which the principal	6845
office of the commission is located, or in the court of common	6846
pleas of the county in which the cause of action arose if that	6847
county is located within this state, and all summonses,	6848
exceptions, and notices of every kind shall be served on the	6849
commission by leaving a copy thereof at its principal office with	6850
the secretary-treasurer or executive director of the commission;	6851

(5) With respect to infrastructure projects only, sue and be	6852
sued in its own name, plead and be impleaded, provided any actions	6853
against the commission shall be brought in the court of common	6854
pleas of Franklin county, and all summonses, exceptions, and	6855
notices of every kind shall be served on the commission by leaving	6856
a copy thereof at its principal office with the	6857
secretary-treasurer or executive director of the commission.	6858

(6) Construct, maintain, repair, police, and operate the	6859
turnpike system, and establish rules for the use of any turnpike	6860
project;	6861

~~(6)~~(7) Issue revenue bonds of the state, payable solely from	6862
pledged revenues, as provided in this chapter, for the purpose of	6863
paying any part of the cost of constructing any one or more	6864
turnpike projects or infrastructure projects;	6865

~~(7)~~(8) Fix, and revise from time to time, and charge and	6866
collect tolls by any method approved by the commission, including,	6867
but not limited to, manual methods or through electronic	6868
technology accepted within the tolling industry;	6869

~~(8)~~(9) Acquire, hold, and dispose of property in the exercise	6870
of its powers and the performance of its duties under this	6871
chapter;	6872

~~(9)~~(10) Designate the locations and establish, limit, and	6873
control such points of ingress to and egress from each turnpike	6874
project as are necessary or desirable in the judgment of the	6875
commission and of the director of transportation to ensure the	6876
proper operation and maintenance of that turnpike project, and	6877
prohibit entrance to such a turnpike project from any point not so	6878
designated;	6879

~~(10)~~(11) Make and enter into all contracts and agreements	6880
necessary or incidental to the performance of its duties and the	6881
execution of its powers under this chapter, including	6882
participation in a multi-jurisdiction electronic toll collection	6883
agreement and collection or remittance of tolls, fees, or other	6884
charges to or from entities or agencies that participate in such	6885
an agreement;	6886

~~(11)~~(12) Employ or retain or contract for the services of	6887
consulting engineers, superintendents, managers, and any other	6888
engineers, construction and accounting experts, financial	6889
advisers, trustees, marketing, remarketing, and administrative	6890
agents, attorneys, and other employees, independent contractors,	6891
or agents that are necessary in its judgment and fix their	6892
compensation, provided all such expenses shall be payable solely	6893
from the proceeds of bonds or from revenues of the Ohio turnpike	6894
system;	6895

~~(12)~~(13) Receive and accept from any federal agency, subject	6896
to the approval of the governor, and from any other governmental	6897
agency grants for or in aid of the construction, reconstruction,	6898
repair, renovation, maintenance, or operation of any turnpike	6899
project, and receive and accept aid or contributions from any	6900
source or person of money, property, labor, or other things of	6901
value, to be held, used, and applied only for the purposes for	6902
which such grants and contributions are made;	6903

~~(13)~~(14) Provide coverage for its employees under Chapters	6904
4123. and 4141. of the Revised Code;	6905

~~(14)~~(15) Fix and revise by rule, from time to time, such	6906
permit fees, processing fees, or administrative charges for the	6907
prepayment, deferred payment, or nonpayment of tolls and use of	6908
electronic tolling equipment or other commission property;	6909

(16) Adopt rules for the issuance of citations either by a	6910
policing authority or through administrative means to individuals	6911
or corporations that evade the payment of tolls established for	6912
the use of any turnpike project;	6913

(17) Approve funding and authorize agreements with the	6914
department of transportation for the funding of infrastructure	6915
projects recommended by the director of transportation pursuant to	6916
the criteria established by rule under section 5537.18 of the	6917
Revised Code.	6918

(B) The commission may do all acts necessary or proper to	6919
carry out the powers expressly granted in this chapter.	6920

Sec. 5537.05. (A) The Ohio turnpike and infrastructure	6921
commission may construct grade separations at intersections of any	6922
turnpike project with public roads and railroads, and change and	6923
adjust the lines and grades of those roads and railroads, and of	6924
public utility facilities, which change and adjustment of lines	6925
and grades of those roads shall be subject to the approval of the	6926
governmental agency having jurisdiction over the road, so as to	6927
accommodate them to the design of the grade separation. The cost	6928
of the grade separation and any damage incurred in changing and	6929
adjusting the lines and grades of roads, railroads, and public	6930
utility facilities shall be ascertained and paid by the commission	6931
as a part of the cost of the turnpike project or from revenues or	6932
state taxes.	6933

(1) If the commission finds it necessary to change the	6934
location of any portion of any public road, railroad, or public	6935
utility facility, it shall cause the same to be reconstructed at	6936
the location the governmental agency having jurisdiction over such	6937
road, railroad, or public utility facility considers most	6938
favorable. The construction shall be of substantially the same	6939
type and in as good condition as the original road, railroad, or	6940
public utility facility. The cost of the reconstruction,	6941
relocation, or removal and any damage incurred in changing the	6942
location shall be ascertained and paid by the commission as a part	6943
of the cost of the turnpike project or from revenues or state	6944
taxes.	6945

(2) The commission may petition the board of county	6946
commissioners of the county in which is situated any public road	6947
or part thereof affected by the location therein of any turnpike	6948
project, for the vacation or relocation of the road or any part	6949
thereof, in the same manner and with the same force and effect as	6950
is given to the director of transportation pursuant to sections	6951
5553.04 to 5553.11 of the Revised Code.	6952

(B) The commission and its authorized agents and employees,	6953
after proper notice, may enter upon any lands, waters, and	6954
premises in the state for the purpose of making surveys,	6955
soundings, drillings, and examinations that are necessary or	6956
proper for the purposes of this chapter, and the entry shall not	6957
be deemed a trespass, nor shall an entry for those purposes be	6958
deemed an entry under any appropriation proceedings which may then	6959
be pending, provided that before entering upon the premises of any	6960
railroad notice shall be given to the superintendent of the	6961
railroad involved at least five days in advance of entry, and	6962
provided that no survey, sounding, drilling, and examination shall	6963
be made between the rails or so close to a railroad track as would	6964
render the track unusable. The commission shall make reimbursement	6965
for any actual damage resulting to such lands, waters, and	6966
premises and to private property located in, on, along, over, or	6967
under such lands, waters, and premises, as a result of such	6968
activities. The state, subject to the approval of the governor,	6969
hereby consents to the use of all lands owned by it, including	6970
lands lying under water, that are necessary or proper for the	6971
construction, maintenance, or operation of any turnpike project,	6972
provided adequate consideration is provided for the use.	6973

(C) The commission may make reasonable provisions or rules	6974
for the installation, construction, maintenance, repair, renewal,	6975
relocation, and removal of public utility facilities in, on,	6976
along, over, or under any turnpike project. Whenever the	6977
commission determines that it is necessary that any public utility	6978
facilities located in, on, along, over, or under any turnpike	6979
project should be relocated in or removed from the turnpike	6980
project, the public utility owning or operating the facilities	6981
shall relocate or remove them in accordance with the order of the	6982
commission. Except as otherwise provided in any license or other	6983
agreement with the commission, the cost and expenses of such	6984
relocation or removal, including the cost of installing the	6985
facilities in a new location, the cost of any lands, or any rights	6986
or interests in lands, and any other rights, acquired to	6987
accomplish the relocation or removal, shall be ascertained and	6988
paid by the commission as part of the cost of the turnpike project	6989
or from revenues of the Ohio turnpike system. In case of any such	6990
relocation or removal of facilities, the public utility owning or	6991
operating them and its successors or assigns may maintain and	6992
operate the facilities, with the necessary appurtenances, in the	6993
new location, for as long a period, and upon the same terms, as it	6994
had the right to maintain and operate the facilities in their	6995
former location.	6996

(D) The commission is subject to Chapters 1515., 6131.,	6997
6133., 6135., and 6137. of the Revised Code and shall pay any	6998
assessments levied under those chapters for an improvement or	6999
maintenance of an improvement on land under the control or	7000
ownership of the commission.	7001

Sec. 5537.051. (A)(1) In any county that as of January 1,	7002
2011, had closed one or more roads as a result of grade separation	7003
failure at intersections of a turnpike project with a county or	7004
township road, the Ohio turnpike and infrastructure commission is	7005
responsible for the major maintenance and repair and replacement	7006
of failed grade separations. The governmental entity with	7007
jurisdiction over the county or township road is responsible for	7008
routine maintenance of such failed grade separations.	7009

(2) This section does not apply to any grade separation at	7010
intersections of a turnpike project with a county or township road	7011
except as described in division (A)(1) of this section.	7012

(3) Major maintenance and repair and replacement of	7013
aforementioned failed grade separations shall commence not later	7014
than July 1, 2011, and be completed before December 31, 2014.	7015

(B) As used in this section:

7016

(1) "Major maintenance and repair and replacement" relates to	7017
all elements constructed as part of or required for a grade	7018
separation, including bridges, pile, foundations, substructures,	7019
abutments, piers, superstructures, approach slabs, slopes,	7020
embankments, fences, and appurtenances.	7021

(2) "Routine maintenance" includes, without limitation,	7022
clearing debris, sweeping, snow and ice removal, wearing surface	7023
improvements, marking for traffic control, box culverts, drainage	7024
facilities including headwalls and underdrains, inlets, catch	7025
basins and grates, guardrails, minor and emergency repairs to	7026
railing and appurtenances, and emergency patching.	7027

Sec. 5537.06. (A) The Ohio turnpike and infrastructure	7028
commission may acquire by purchase, lease, lease-purchase, lease	7029
with option to purchase, appropriation, or otherwise and in such	7030
manner and for such consideration as it considers proper, any	7031
public or private property necessary, convenient, or proper for	7032
the construction, maintenance, or efficient operation of the Ohio	7033
turnpike system. The commission may pledge net revenues, to the	7034
extent permitted by this chapter with respect to bonds, to secure	7035
payments to be made by the commission under any such lease,	7036
lease-purchase agreement, or lease with option to purchase. Title	7037
to personal property, and interests less than a fee in real	7038
property, shall be held in the name of the commission. Title to	7039
real property held in fee shall be held in the name of the state	7040
for the use of the commission. In any proceedings for	7041
appropriation under this section, the procedure to be followed	7042
shall be in accordance with the procedure provided in sections	7043
163.01 to 163.22 of the Revised Code, including division (B) of	7044
section 163.06 of the Revised Code notwithstanding the limitation	7045
in that division of its applicability to roads open to the public	7046
without charge. Except as otherwise agreed upon by the owner, full	7047
compensation shall be paid for public property so taken.	7048

(B) This section does not authorize the commission to take or	7049
disturb property or facilities belonging to any public utility or	7050
to a common carrier engaged in interstate commerce, which property	7051
or facilities are required for the proper and convenient operation	7052
of the public utility or common carrier, unless provision is made	7053
for the restoration, relocation, replication, or duplication of	7054
the property or facilities elsewhere at the sole cost of the	7055
commission.	7056

(C) Disposition of real property shall be by the commission	7057
in the manner and for the consideration it determines if to a	7058
state agency or other governmental agency, and otherwise in the	7059
manner provided in section 5501.45 of the Revised Code for the	7060
disposition of property by the director of transportation.	7061
Disposition of personal property shall be in the manner and for	7062
the consideration the commission determines.	7063

(D) Any instrument by which real property is acquired	7064
pursuant to this section shall identify the agency of the state	7065
that has the use and benefit of the real property as specified in	7066
section 5301.012 of the Revised Code.	7067

Sec. 5537.07. (A) When the cost to the Ohio turnpike and	7068
infrastructure commission under any contract with a person other	7069
than a governmental agency involves an expenditure of more than	7070
fifty thousand dollars, the commission shall make a written	7071
contract with the lowest responsive and responsible bidder in	7072
accordance with section 9.312 of the Revised Code after	7073
advertisement for not less than two consecutive weeks in a	7074
newspaper of general circulation in Franklin county, and in such	7075
other publications as the commission determines, which notice	7076
shall state the general character of the work and the general	7077
character of the materials to be furnished, the place where plans	7078
and specifications therefor may be examined, and the time and	7079
place of receiving bids. The commission may require that the cost	7080
estimate for the construction, demolition, alteration, repair,	7081
improvement, renovation, or reconstruction of roadways and bridges	7082
for which the commission is required to receive bids be kept	7083
confidential and remain confidential until after all bids for the	7084
public improvement have been received or the deadline for	7085
receiving bids has passed. Thereafter, and before opening the bids	7086
submitted for the roadways and bridges, the commission shall make	7087
the cost estimate public knowledge by reading the cost estimate in	7088
a public place. The commission may reject any and all bids. The	7089
requirements of this division do not apply to contracts for the	7090
acquisition of real property or compensation for professional or	7091
other personal services.	7092

(B) Each bid for a contract for construction, demolition,	7093
alteration, repair, improvement, renovation, or reconstruction	7094
shall contain the full name of every person interested in it and	7095
shall meet the requirements of section 153.54 of the Revised Code.	7096

(C) Other than for a contract referred to in division (B) of	7097
this section, each bid for a contract that involves an expenditure	7098
in excess of one hundred fifty thousand dollars or any contract	7099
with a service facility operator shall contain the full name of	7100
every person interested in it and shall be accompanied by a	7101
sufficient bond or certified check on a solvent bank that if the	7102
bid is accepted a contract will be entered into and the	7103
performance of its proposal secured.	7104

(D) Other than a contract referred to in division (B) of this	7105
section, a bond with good and sufficient surety, in a form as	7106
prescribed and approved by the commission, shall be required of	7107
every contractor awarded a contract that involves an expenditure	7108
in excess of one hundred fifty thousand dollars or any contract	7109
with a service facility operator. The bond shall be in an amount	7110
equal to at least fifty per cent of the contract price and shall	7111
be conditioned upon the faithful performance of the contract.	7112

(E) Notwithstanding any other provisions of this section, the	7113
commission may establish a program to expedite special turnpike	7114
projects by combining the design and construction elements of any	7115
public improvement project into a single contract. The commission	7116
shall prepare and distribute a scope of work document upon which	7117
the bidders shall base their bids. At a minimum, bidders shall	7118
meet the requirements of section 4733.161 of the Revised Code.	7119
Except in regard to those requirements relating to providing	7120
plans, the commission shall award contracts following the	7121
requirements set forth in divisions (A), (B), (C), and (D) of this	7122
section.	7123

Sec. 5537.08. (A) The Ohio turnpike and infrastructure	7124
commission may provide by resolution for the issuance, at one time	7125
or from time to time, of revenue bonds of the state for the	7126
purpose of paying all or any part of the cost of any one or more	7127
turnpike projects or infrastructure projects. The bond service	7128
charges shall be payable solely from pledged revenues pledged for	7129
such payment pursuant to the applicable bond proceedings. The	7130
bonds of each issue shall be dated, shall bear interest at a rate	7131
or rates or at variable rates, and shall mature or be payable at	7132
such time or times, with a final maturity not to exceed forty	7133
years from their date or dates, all as determined by the	7134
commission in the bond proceedings. The commission shall determine	7135
the form of the bonds, including any interest coupons to be	7136
attached thereto, and shall fix the denomination or denominations	7137
of the bonds and the place or places of payment of bond service	7138
charges.	7139

(B) The bonds shall be signed by the chairperson or	7140
vice-chairperson of the commission or by the facsimile signature	7141
of that officer, the official seal of the commission or a	7142
facsimile thereof shall be affixed thereto or printed thereon and	7143
attested by the secretary-treasurer of the commission, which may	7144
be by facsimile signature, and any coupons attached thereto shall	7145
bear the facsimile signature of the chairperson or	7146
vice-chairperson of the commission. In case any officer whose	7147
signature, or a facsimile of whose signature, appears on any bonds	7148
or coupons ceases to be such officer before delivery of bonds,	7149
such signature or facsimile shall nevertheless be valid and	7150
sufficient for all purposes the same as if the officer had	7151
remained in office until such delivery.	7152

(C) Subject to the bond proceedings and provisions for	7153
registration, the bonds shall have all the qualities and incidents	7154
of negotiable instruments under Title XIII of the Revised Code.	7155
The bonds may be issued in such form or forms as the commission	7156
determines, including without limitation coupon, book entry, and	7157
fully registered form, and provision may be made for the	7158
registration of any coupon bonds as to principal alone and also as	7159
to both principal and interest, and for the exchange of bonds	7160
between forms. The commission may sell such bonds by competitive	7161
bid on the best bid after advertisement or request for bids or by	7162
private sale in the manner, and for the price, it determines to be	7163
for the best interest of the state. ~~The determination of the~~	7164
~~commission as to the manner of sale, by competitive bid or by~~	7165
~~private sale, shall be approved by the controlling board.~~	7166

(D) The proceeds of the bonds of each issue shall be used	7167
solely for the payment of the costs of the turnpike project or	7168
projects for which such bonds were issued, ~~and~~or for the payment	7169
of the costs of the infrastructure project or projects as approved	7170
by the commission under section 5537.18 of the Revised Code. The	7171
proceeds shall be disbursed in such manner and under such	7172
restrictions as the commission provides in the applicable bond	7173
proceedings.	7174

(E) Prior to the preparation of definitive bonds, the	7175
commission may, under like restrictions, issue interim receipts or	7176
temporary bonds or bond anticipation notes, with or without	7177
coupons, exchangeable for definitive bonds when such bonds have	7178
been executed and are available for delivery. The commission may	7179
provide for the replacement of any mutilated, stolen, destroyed,	7180
or lost bonds. Bonds may be issued by the commission under this	7181
chapter without obtaining the consent of any state agency, and	7182
without any other proceedings or the happening of any other	7183
conditions or things than those proceedings, conditions, or things	7184
that are specifically required by this chapter or those	7185
proceedings.	7186

(F) Sections 9.98 to 9.983 of the Revised Code apply to the	7187
bonds.	7188

(G) The bond proceedings shall provide, subject to the	7189
provisions of any other applicable bond proceedings, for the	7190
pledge to the payment of bond service charges and of any costs of	7191
or relating to credit enhancement facilities of all, or such part	7192
as the commission may determine, of the pledged revenues and the	7193
applicable special fund or funds, which pledges may be made to	7194
secure the bonds on a parity with bonds theretofore or thereafter	7195
issued if and to the extent provided in the bond proceedings.	7196
Every pledge, and every covenant and agreement with respect	7197
thereto, made in the bond proceedings may in the bond proceedings	7198
be extended to the benefit of the owners and holders of bonds and	7199
to any trustee and any person providing a credit enhancement	7200
facility for those bonds, for the further security for the payment	7201
of the bond service charges and credit enhancement facility costs.	7202

(H) The bond proceedings may contain additional provisions as	7203
to:	7204

(1) The redemption of bonds prior to maturity at the option	7205
of the commission or of the bondholders or upon the occurrence of	7206
certain stated conditions, and at such price or prices and under	7207
such terms and conditions as are provided in the bond proceedings;	7208

(2) Other terms of the bonds;

7209

(3) Limitations on the issuance of additional bonds;

7210

(4) The terms of any trust agreement securing the bonds or	7211
under which the same may be issued;	7212

(5) Any or every provision of the bond proceedings being	7213
binding upon the commission and state agencies, or other person as	7214
may from time to time have the authority under law to take such	7215
actions as may be necessary to perform all or any part of the duty	7216
required by such provision;	7217

(6) Any provision that may be made in a trust agreement;

7218

(7) Any other or additional agreements with the holders of	7219
the bonds, or the trustee therefor, relating to the bonds or the	7220
security for the bonds, including agreements for credit	7221
enhancement facilities.	7222

(I) Any holder of bonds or a trustee under the bond	7223
proceedings, except to the extent that the holder's or trustee's	7224
rights are restricted by the bond proceedings, may by any suitable	7225
form of legal proceedings, protect and enforce any rights under	7226
the laws of this state or granted by the bond proceedings. Those	7227
rights include the right to compel the performance of all duties	7228
of the commission and state agencies required by this chapter or	7229
the bond proceedings; to enjoin unlawful activities; and in the	7230
event of default with respect to the payment of any bond service	7231
charges on any bonds or in the performance of any covenant or	7232
agreement on the part of the commission contained in the bond	7233
proceedings, to apply to a court having jurisdiction of the cause	7234
to appoint a receiver to receive and administer the revenues and	7235
the pledged revenues which are pledged to the payment of the bond	7236
service charges on such bonds or which are the subject of the	7237
covenant or agreement, with full power to pay, and to provide for	7238
payment of, bond service charges on such bonds, and with such	7239
powers, subject to the direction of the court, as are accorded	7240
receivers in general equity cases, excluding any power to pledge	7241
additional revenues or receipts or other income, funds, or moneys	7242
of the commission or state agencies to the payment of such bond	7243
service charges and excluding the power to take possession of,	7244
mortgage, or cause the sale or otherwise dispose of any turnpike	7245
project or other property of the commission.	7246

(J) Each duty of the commission and the commission's officers	7247
and employees, undertaken pursuant to the bond proceedings, is	7248
hereby established as a duty of the commission, and of each such	7249
officer, member, or employee having authority to perform the duty,	7250
specifically enjoined by law resulting from an office, trust, or	7251
station within the meaning of section 2731.01 of the Revised Code.	7252

(K) The commission's officers or employees are not liable in	7253
their personal capacities on any bonds issued by the commission or	7254
any agreements of or with the commission relating to those bonds.	7255

(L) The bonds are lawful investments for banks, savings and	7256
loan associations, credit union share guaranty corporations, trust	7257
companies, trustees, fiduciaries, insurance companies, including	7258
domestic for life and domestic not for life, trustees or other	7259
officers having charge of sinking and bond retirement or other	7260
funds of the state or its political subdivisions and taxing	7261
districts, the commissioners of the sinking fund of the state, the	7262
administrator of workers' compensation, the state teachers	7263
retirement system, the public employees retirement system, the	7264
school employees retirement system, and the Ohio police and fire	7265
pension fund, notwithstanding any other provisions of the Revised	7266
Code or rules adopted pursuant thereto by any state agency with	7267
respect to investments by them, and are also acceptable as	7268
security for the repayment of the deposit of public moneys.	7269

(M) Provision may be made in the applicable bond proceedings	7270
for the establishment of separate accounts in the bond service	7271
fund and for the application of such accounts only to the	7272
specified bond service charges pertinent to such accounts and bond	7273
service fund, and for other accounts therein within the general	7274
purposes of such fund.	7275

(N) The commission may pledge all, or such portion as it	7276
determines, of the pledged revenues to the payment of bond service	7277
charges, and for the establishment and maintenance of any reserves	7278
and special funds, as provided in the bond proceedings, and make	7279
other provisions therein with respect to pledged revenues,	7280
revenues, and net revenues as authorized by this chapter, which	7281
provisions are controlling notwithstanding any other provisions of	7282
law pertaining thereto.	7283

Sec. 5537.09. The Ohio turnpike and infrastructure	7284
commission may provide by resolution for the issuance of revenue	7285
bonds of the state, payable solely from pledged revenues, for the	7286
purpose of refunding any bonds then outstanding, including the	7287
payment of related financing expenses and, if considered advisable	7288
by the commission, for the additional purpose of paying costs of	7289
improvements, extensions, renovations, or enlargements of any	7290
turnpike project or any infrastructure project. The issuance of	7291
refunding bonds, the maturities and other details thereof, the	7292
rights of the holders thereof, and the rights, duties, and	7293
obligations of the commission in respect to such bonds shall be	7294
governed by the provisions of this chapter insofar as they are	7295
applicable and by the applicable bond proceedings.	7296

Sec. 5537.11. (A) The bonds do not constitute a debt, or a	7297
pledge of the faith and credit, of the state or of any political	7298
subdivision of the state. Bond service charges on outstanding	7299
bonds are payable solely from the pledged revenues pledged for	7300
their payment as authorized by this chapter and as provided in the	7301
bond proceedings. All turnpike and infrastructure revenue bonds	7302
shall contain on their face a statement to that effect.	7303

(B) All expenses incurred in carrying out this chapter shall	7304
be payable solely from revenues provided under this chapter and	7305
from state taxes. This chapter does not authorize the Ohio	7306
turnpike and infrastructure commission to incur indebtedness or	7307
liability on behalf of or payable by the state or any political	7308
subdivision of the state.	7309

Sec. 5537.12. (A) In the discretion of the Ohio turnpike and	7310
infrastructure commission any bonds may be secured by a trust	7311
agreement between the commission and a corporate trustee, which	7312
may be any trust company or bank having the powers of a trust	7313
company within or without the state but authorized to exercise	7314
trust powers within this state.	7315

(B) Any trust agreement may pledge or assign the revenues to	7316
be received, but shall not convey or mortgage any turnpike project	7317
or infrastructure project, any part of a turnpike project or	7318
infrastructure project, or any part of the Ohio turnpike system or	7319
the Ohio turnpike and infrastructure system. Any such trust	7320
agreement or other bond proceedings may contain provisions for	7321
protecting and enforcing the rights and remedies of the	7322
bondholders that are reasonable and proper and not in violation of	7323
law, including covenants setting forth the duties of the	7324
commission in relation to the acquisition of property, and the	7325
construction, maintenance, repair, operation, and insurance of the	7326
turnpike project or projects in connection with which the bonds	7327
are authorized, the rates of toll to be charged, and the custody,	7328
safeguarding, and application of all moneys, and provisions for	7329
the employment or retention of the services of consulting	7330
engineers in connection with the construction, maintenance, or	7331
operation of the turnpike project or projects. Any bank or trust	7332
company incorporated under the laws of this state which may act as	7333
depository of the proceeds of bonds or of revenues may furnish	7334
such indemnifying bonds or may pledge such securities as are	7335
required by the commission. Any such trust agreement may set forth	7336
the rights and remedies of the bondholders and of the trustee, may	7337
restrict the individual right of action by bondholders as is	7338
customary in revenue bond trust agreements of public bodies, and	7339
may contain other provisions that the commission considers	7340
reasonable and proper for the security of the bondholders. All	7341
expenses incurred in entering into or carrying out the provisions	7342
of such a trust agreement may be treated as a part of the cost, or	7343
of the cost of the operation, of the turnpike project or projects.	7344

Sec. 5537.13. (A) Subject to section 5537.26 of the Revised	7345
Code, the Ohio turnpike and infrastructure commission may fix,	7346
revise, charge, and collect tolls for each turnpike project, and	7347
contract in the manner provided by this section with any person	7348
desiring the use of any part thereof, including the right-of-way	7349
adjoining the paved portion, for placing thereon telephone,	7350
electric light, or power lines, service facilities, or for any	7351
other purpose, and fix the terms, conditions, rents, and rates of	7352
charge for such use, provided that no toll, charge, or rental may	7353
be made by the commission for placing in, on, along, over, or	7354
under the turnpike project, equipment or public utility facilities	7355
that are necessary to serve service facilities or to interconnect	7356
any public utility facilities.	7357

(B) Contracts for the operation of service facilities shall	7358
be made in writing. Such contracts, except contracts with state	7359
agencies or other governmental agencies, shall be made with the	7360
bidder whose bid is determined by the commission to be the best	7361
bid received, after advertisement for two consecutive weeks in a	7362
newspaper of general circulation in Franklin county, and in other	7363
publications that the commission determines. The notice shall	7364
state the general character of the service facilities operation	7365
proposed, the place where plans and specifications may be	7366
examined, and the time and place of receiving bids. Bids shall	7367
contain the full name of each person interested in them, and shall	7368
be in such form as the commission requires. The commission may	7369
reject any and all bids. All contracts for service facilities	7370
shall be preserved in the principal office of the commission.	7371

(C) Tolls shall be so fixed and adjusted as to provide funds	7372
at least sufficient with other revenues of the Ohio turnpike	7373
system, if any, to pay:	7374

(1) The cost of maintaining, improving, repairing,	7375
constructing, and operating the Ohio turnpike system and its	7376
different parts and sections, and to create and maintain any	7377
reserves for those purposes;	7378

(2) Any unpaid bond service charges on outstanding bonds	7379
payable from pledged revenues as such charges become due and	7380
payable, and to create and maintain any reserves for that purpose.	7381

(D) Tolls are not subject to supervision, approval, or	7382
regulation by any state agency other than the turnpike and	7383
infrastructure commission.	7384

(E) Revenues derived from each turnpike project ~~in connection~~	7385
~~with which any bonds are outstanding~~ shall be first applied to pay	7386
the cost of maintenance, improvement, repair, and operation and to	7387
provide any reserves therefor that are provided for in the bond	7388
proceedings authorizing the issuance of those outstanding bonds,	7389
and otherwise as provided by the commission~~, and the balance~~. The	7390
bond proceedings also shall provide, subject to the provisions of	7391
any other applicable bond proceedings, for the pledge of all, or	7392
such part as the commission may determine of the pledged revenues	7393
~~shall be set aside, at such regular intervals as are provided in~~	7394
~~the bond proceedings, in a bond service fund, which is hereby~~	7395
~~pledged to and charged with~~and the applicable special fund or	7396
funds to the payment of the bond service charges ~~on any such~~	7397
~~outstanding bonds as provided in the applicable~~, which pledge may	7398
be made to secure the bonds senior or subordinate to or on a	7399
parity with bonds theretofore or thereafter issued, if and to the	7400
extent provided in the bond proceedings. The pledge shall be valid	7401
and binding from the time the pledge is made; the revenues and the	7402
pledged revenues thereafter received by the commission immediately	7403
shall be subject to the lien of the pledge without any physical	7404
delivery thereof or further act, and the lien of the pledge shall	7405
be valid and binding as against all parties having claims of any	7406
kind in tort, contract, or otherwise against the commission,	7407
whether or not those parties have notice thereof. The bond	7408
proceedings by which a pledge is created need not be filed or	7409
recorded except in the records of the commission. The use and	7410
disposition of moneys to the credit of a bond service fund shall	7411
be subject to the applicable bond proceedings. ~~Except as is~~	7412
~~otherwise provided in such bond proceedings, such a bond service~~	7413
~~fund shall be a fund for all such bonds, without distinction or~~	7414
~~priority of one over another.~~	7415

(F) The proceeds of bonds issued for the payment of the costs	7416
of infrastructure projects, net of the payment of all financing	7417
expenses and deposits into debt service reserves or other special	7418
funds as may be required in the applicable bond proceedings, shall	7419
be deposited to the infrastructure fund or funds and shall be	7420
exclusively used to pay the cost of infrastructure projects	7421
approved by the commission, except that income earned by the	7422
infrastructure fund may be used by the commission towards the	7423
payment of bond service charges.	7424

Sec. 5537.14. All moneys received by the Ohio turnpike and	7425
infrastructure commission under this chapter, whether as proceeds	7426
from the sale of bonds or as revenues, are to be held and applied	7427
solely as provided in this chapter and in any applicable bond	7428
proceedings. Such moneys shall be kept in depositories as selected	7429
by the commission in the manner provided in sections 135.01 to	7430
135.21 of the Revised Code, insofar as such sections are	7431
applicable, and the deposits shall be secured as provided in	7432
sections 135.01 to 135.21 of the Revised Code. The bond	7433
proceedings shall provide that any officer to whom, or any bank or	7434
trust company to which, revenues or pledged revenues are paid	7435
shall act as trustee of such moneys and hold and apply them for	7436
the purposes thereof, subject to applicable provisions of this	7437
chapter and the bond proceedings.	7438

Sec. 5537.15. Any holder of bonds issued and outstanding	7439
under this chapter, or any of the coupons appertaining thereto,	7440
and the trustee under any trust agreement, except to the extent	7441
the rights given by this chapter may be restricted or modified by	7442
the bond proceedings, may by suit, action, mandamus, or other	7443
proceedings, protect and enforce any rights under the laws of the	7444
state or granted under this chapter or the bond proceedings, and	7445
may enforce and compel the performance of all duties required by	7446
this chapter or the bond proceedings, to be performed by the Ohio	7447
turnpike and infrastructure commission or any officer of the	7448
commission, including the fixing, charging, collecting, and	7449
application of tolls.	7450

Sec. 5537.16. (A) The Ohio turnpike and infrastructure	7451
commission may adopt such bylaws and rules as it considers	7452
advisable for the control and regulation of traffic on any	7453
turnpike project, for the protection and preservation of property	7454
under its jurisdiction and control, for the maintenance and	7455
preservation of good order within the property under its control,	7456
and for the purpose of establishing owner or operator liability	7457
for failure to comply with toll collection rules. The rules of the	7458
commission with respect to the speed, use of special engine	7459
brakes, axle loads, vehicle loads, and vehicle dimensions of	7460
vehicles on turnpike projects, including the issuance of a special	7461
permit by the commission to allow the operation on any turnpike	7462
project of a motor vehicle transporting two or fewer steel coils,	7463
shall apply notwithstanding sections 4511.21 to 4511.24, 4513.34,	7464
and Chapter 5577. of the Revised Code. Such bylaws and rules shall	7465
be published in a newspaper of general circulation in Franklin	7466
county, and in such other manner as the commission prescribes.	7467

(B) Such rules shall provide that public police officers	7468
shall be afforded ready access, while in the performance of their	7469
official duty, to all property under the jurisdiction of the	7470
commission and without the payment of tolls.	7471

(C) No person shall violate any such bylaws or rules of the	7472
commission.	7473

(D)(1) All fines collected for the violation of applicable	7474
laws of the state and the bylaws and rules of the commission or	7475
moneys arising from bonds forfeited for such violation shall be	7476
disposed of in accordance with section 5503.04 of the Revised	7477
Code.	7478

(2) All fees or charges assessed by the commission against an	7479
owner or operator of a vehicle as a civil violation for failure to	7480
comply with toll collection or toll evasion rules shall be	7481
revenues of the commission.	7482

Sec. 5537.17. (A) Each turnpike project open to traffic	7483
shall be maintained and kept in good condition and repair by the	7484
Ohio turnpike and infrastructure commission. The Ohio turnpike	7485
system shall be policed and operated by a force of police, toll	7486
collectors, and other employees and agents that the commission	7487
employs or contracts for.	7488

(B) All public or private property damaged or destroyed in	7489
carrying out the powers granted by this chapter shall be restored	7490
or repaired and placed in its original condition, as nearly as	7491
practicable, or adequate compensation or consideration made	7492
therefor out of moneys provided under this chapter.	7493

(C) All governmental agencies may lease, lend, grant, or	7494
convey to the commission at its request, upon terms that the	7495
proper authorities of the governmental agencies consider	7496
reasonable and fair and without the necessity for an	7497
advertisement, order of court, or other action or formality, other	7498
than the regular and formal action of the authorities concerned,	7499
any property that is necessary or convenient to the effectuation	7500
of the purposes of the commission, including public roads and	7501
other property already devoted to public use.	7502

(D) Each bridge constituting part of a turnpike project shall	7503
be inspected at least once each year by a professional engineer	7504
employed or retained by the commission.	7505

(E) On or before the first day of July in each year, the	7506
commission shall make an annual report of its activities for the	7507
preceding calendar year to the governor and the general assembly.	7508
Each such report shall set forth a complete operating and	7509
financial statement covering the commission's operations and	7510
funding of any turnpike projects and infrastructure projects	7511
during the year. The commission shall cause an audit of its books	7512
and accounts to be made at least once each year by certified	7513
public accountants, and the cost thereof may be treated as a part	7514
of the cost of operations of the commission. The auditor of state,	7515
at least once a year and without previous notice to the	7516
commission, shall audit the accounts and transactions of the	7517
commission.	7518

(F) The commission shall submit a copy of its annual audit by	7519
the auditor of state and its proposed annual budget for each	7520
calendar or fiscal year to the governor, the presiding officers of	7521
each house of the general assembly, the director of budget and	7522
management, and the legislative service commission no later than	7523
the first day of that calendar or fiscal year.	7524

(G) Upon request of the chairperson of the appropriate	7525
standing committee or subcommittee of the senate and house of	7526
representatives that is primarily responsible for considering	7527
transportation budget matters, the commission shall appear at	7528
least one time before each committee or subcommittee during the	7529
period when that committee or subcommittee is considering the	7530
biennial appropriations for the department of transportation and	7531
shall provide testimony outlining its budgetary results for the	7532
last two calendar years, including a comparison of budget and	7533
actual revenue and expenditure amounts. The commission also shall	7534
address its current budget and long-term capital plan.	7535

(H) Not more than sixty nor less than thirty days before	7536
adopting its annual budget, the commission shall submit a copy of	7537
its proposed annual budget to the governor, the presiding officers	7538
of each house of the general assembly, the director of budget and	7539
management, and the legislative service commission. The office of	7540
budget and management shall review the proposed budget and may	7541
provide recommendations to the commission for its consideration.	7542

Sec. 5537.18. (A) The Ohio turnpike and infrastructure	7543
commission shall adopt rules establishing the procedures and	7544
criteria under which the commission may approve an application	7545
received from the director of transportation for infrastructure	7546
project funding under division (B) of this section. The rules	7547
shall require an infrastructure project to have an anticipated	7548
economic or transportation-related impact on the Ohio turnpike and	7549
infrastructure system.	7550

(B) The director of transportation may submit an application	7551
to the commission for infrastructure project funding. An	7552
application to the commission for infrastructure project funding,	7553
as submitted by the director, shall include only infrastructure	7554
projects that previously have been reviewed and recommended by the	7555
transportation review advisory council pursuant to the selection	7556
process followed by the council under Chapter 5512. of the Revised	7557
Code.	7558

(C) The commission shall evaluate each application for	7559
infrastructure project funding submitted under division (B) of	7560
this section in accordance with the procedures and criteria	7561
established in rules adopted under division (A) of this section. A	7562
determination or approval made under this section is conclusive	7563
and incontestable.	7564

Sec. 5537.19. The Ohio turnpike and infrastructure	7565
commission shall expend such moneys as the commission considers	7566
necessary for studies of any turnpike project or infrastructure	7567
project, whether proposed, under construction, or in operation,	7568
and may employ consulting engineers, traffic engineers, and any	7569
other individuals or firms that the commission considers necessary	7570
to properly implement the studies. The cost of the studies may be	7571
paid from revenues, eligible state and federal grants, state taxes	7572
available to the commission and permitted by law to be spent for	7573
such purposes, or the proceeds of bonds.	7574

Sec. 5537.20. The exercise of the powers granted by this	7575
chapter is in all respects for the benefit of the people of the	7576
state, for the increase of their commerce and prosperity, and for	7577
the improvement of their health and living conditions, and as the	7578
construction, operation, and maintenance of the Ohio turnpike	7579
system by the Ohio turnpike and infrastructure commission	7580
constitute the performance of essential governmental functions,	7581
the commission, except as provided in division (D) of section	7582
5537.05 of the Revised Code, shall not be required to pay any	7583
state or local taxes or assessments upon any turnpike project or	7584
infrastructure project funded by it, or upon revenues or any	7585
property acquired or used by the commission under this chapter, or	7586
upon the income therefrom. The bonds issued under this chapter,	7587
their transfer, and the income therefrom, including any profit	7588
made on the sale thereof, shall at all times be free from taxation	7589
within the state.	7590

Sec. 5537.21. (A) When bond service charges on all	7591
outstanding bonds issued in connection with any turnpike project	7592
have been paid or provision for that payment has been made, as	7593
provided in the applicable bond proceedings, or in the case of a	7594
turnpike project in connection with which no bonds have been	7595
issued, the project shall continue to be or be operated, and	7596
improved and maintained, by the Ohio turnpike and infrastructure	7597
commission as a part of the Ohio turnpike system and as a toll	7598
road, and all revenues received by the commission relating to that	7599
project shall be applied as provided in division (B) of this	7600
section.	7601

(B) Subject to the bond proceedings for bonds relating to any	7602
turnpike project or infrastructure project, tolls relating to a	7603
turnpike project as referred to in division (A) of this section	7604
shall be so fixed and adjusted such that the aggregate of	7605
available revenues relating to that turnpike project ~~and available~~	7606
~~for the purpose~~ are in amounts ~~to provide moneys~~at least	7607
sufficient~~, and those revenues shall be used,~~ to pay the costs	7608
described in division (C)(1) of section 5537.13 of the Revised	7609
Code.	7610

Sec. 5537.22. All final actions of the Ohio turnpike and	7611
infrastructure commission shall be journalized and such journal	7612
shall be open to the inspection of the public at all reasonable	7613
times.	7614

Sec. 5537.24. (A) There is hereby created a turnpike	7615
legislative review committee consisting of six members as follows:	7616

(1) Three members of the senate, no more than two of whom	7617
shall be members of the same political party, one of whom shall be	7618
the chairperson of the committee dealing primarily with highway	7619
matters, one of whom shall be appointed by the president of the	7620
senate, and one of whom shall be appointed by the minority leader	7621
of the senate.	7622

Both the senate member who is appointed by the president of	7623
the senate and the senate member appointed by the minority leader	7624
of the senate shall represent either districts in which is located	7625
or through which passes a portion of a turnpike project that is	7626
part of the Ohio turnpike system or districts located in the	7627
vicinity of a turnpike project that is part of the Ohio turnpike	7628
system.	7629

The president of the senate shall make the president of the	7630
senate's appointment to the committee first, followed by the	7631
minority leader of the senate, and they shall make their	7632
appointments in such a manner that their two appointees represent	7633
districts that are located in different areas of the state. If the	7634
chairperson of the senate committee dealing primarily with highway	7635
matters represents a district in which is located or through which	7636
passes a portion of a turnpike project that is part of the Ohio	7637
turnpike system or a district located in the vicinity of a	7638
turnpike project that is part of the Ohio turnpike system, the	7639
president of the senate and the minority leader of the senate	7640
shall make their appointments in such a manner that their two	7641
appointees and the chairperson of the senate committee dealing	7642
primarily with highway matters all represent districts that are	7643
located in different areas of the state.	7644

(2) Three members of the house of representatives, no more	7645
than two of whom shall be members of the same political party, one	7646
of whom shall be the chairperson of the house of representatives	7647
committee dealing primarily with highway matters, one of whom	7648
shall be appointed by the speaker of the house of representatives,	7649
and one of whom shall be appointed by the minority leader of the	7650
house of representatives.	7651

Both the house of representatives member who is appointed by	7652
the speaker of the house of representatives and the house of	7653
representatives member appointed by the minority leader of the	7654
house of representatives shall represent either districts in which	7655
is located or through which passes a portion of a turnpike project	7656
that is part of the Ohio turnpike system or districts located in	7657
the vicinity of a turnpike project that is part of the Ohio	7658
turnpike system.	7659

The speaker of the house of representatives shall make the	7660
speaker of the house of representative's appointment to the	7661
committee first, followed by the minority leader of the house of	7662
representatives, and they shall make their appointments in such a	7663
manner that their two appointees represent districts that are	7664
located in different areas of the state. If the chairperson of the	7665
house of representatives committee dealing primarily with highway	7666
matters represents a district in which is located or through which	7667
passes a portion of a turnpike project that is part of the Ohio	7668
turnpike system or a district located in the vicinity of a	7669
turnpike project that is part of the Ohio turnpike system, the	7670
speaker of the house of representatives and the minority leader of	7671
the house of representatives shall make their appointments in such	7672
a manner that their two appointees and the chairperson of the	7673
house of representatives committee dealing primarily with highway	7674
matters all represent districts that are located in different	7675
areas of the state.	7676

The chairperson of the house of representatives committee	7677
shall serve as the chairperson of the turnpike legislative review	7678
committee for the year 1996. Thereafter, the chair annually shall	7679
alternate between, first, the chairperson of the senate committee	7680
and then the chairperson of the house of representatives	7681
committee.	7682

(B) Each member of the turnpike legislative review committee	7683
who is a member of the general assembly shall serve a term of the	7684
remainder of the general assembly during which the member is	7685
appointed or is serving as chairperson of the specified senate or	7686
house committee. In the event of the death or resignation of a	7687
committee member who is a member of the general assembly, or in	7688
the event that a member ceases to be a senator or representative,	7689
or in the event that the chairperson of the senate committee	7690
dealing primarily with highway matters or the chairperson of the	7691
house of representatives committee dealing primarily with highway	7692
matters ceases to hold that position, the vacancy shall be filled	7693
through an appointment by the president of the senate or the	7694
speaker of the house of representatives or minority leader of the	7695
senate or house of representatives, as applicable. Any member	7696
appointed to fill a vacancy occurring prior to the end of the term	7697
for which the member's predecessor was appointed shall hold office	7698
for the remainder of the term or for a shorter period of time as	7699
determined by the president or the speaker. A member of the	7700
committee is eligible for reappointment.	7701

(C) The turnpike legislative review committee shall meet at	7702
least quarterly and may meet at the call of its chairperson, or	7703
upon the written request to the chairperson of not fewer than four	7704
members of the committee. Meetings shall be held at sites that are	7705
determined solely by the chairperson of the committee. At each	7706
meeting, the Ohio turnpike and infrastructure commission shall	7707
make a report to the committee on commission matters, including	7708
but not limited to financial and budgetary matters and proposed	7709
and on-going construction, maintenance, repair, and operational	7710
projects of the commission.	7711

The committee, by the affirmative vote of at least four of	7712
its members, may submit written recommendations to the commission,	7713
either at meetings held pursuant to this section or at any other	7714
time, describing new turnpike projects or new interchanges located	7715
on existing projects that the committee believes the commission	7716
should consider constructing.	7717

(D) At least annually the commission shall make a report to	7718
the committee of those infrastructure projects approved and paid	7719
for by the commission.	7720

(E) The members of the turnpike legislative review committee	7721
who are members of the general assembly shall serve without	7722
compensation, but shall be reimbursed by the commission for their	7723
actual and necessary expenses incurred in the discharge of their	7724
official duties as committee members. Serving as a member of the	7725
turnpike legislative review committee does not constitute grounds	7726
for resignation from the senate or house of representatives under	7727
section 101.26 of the Revised Code.	7728

Sec. 5537.25. (A) Notwithstanding any provision of law to	7729
the contrary, the Ohio turnpike and infrastructure commission	7730
shall make no expenditure to engage the services of any person to	7731
influence either of the following:	7732

(1) Administrative actions or decisions of the governor, the	7733
director of any department listed in section 121.02 of the Revised	7734
Code, any member of the staff of any public officer or employee	7735
listed in this section, the president of the United States, or any	7736
federal officer or employee;	7737

(2) Legislation pending in this state or any other state, a	7738
subdivision of this state or any other state, or the federal	7739
government, including the executive approval or veto of any such	7740
pending legislation.	7741

(B) This section shall not be interpreted to prohibit the	7742
commission from designating officers or members of the commission,	7743
or full-time, permanent employees of the commission, to act as	7744
administrative or legislative agents for the commission.	7745

Sec. 5537.26. (A) Except as provided in division (D) of this	7746
section, no increase by the Ohio turnpike and infrastructure	7747
commission in the toll rate structure that is applicable to	7748
vehicles operating on a turnpike project shall become effective	7749
unless the commission complies with the notice and hearing	7750
requirements prescribed in division (B) of this section, and the	7751
commission shall not take any action that expands, has the effect	7752
of expanding, or will to any degree at any time in the future have	7753
the effect of expanding the sphere of responsibility of the	7754
commission beyond the Ohio turnpike, unless the commission	7755
complies with the notice and hearing requirements prescribed in	7756
division (B) of this section.	7757

(B) Not less than ninety days prior to the date on which the	7758
commission votes to increase any part of the toll rate structure	7759
that is applicable to vehicles operating on a turnpike project,	7760
and not less than ninety days prior to the date on which the	7761
commission votes to take an action that expands, has the effect of	7762
expanding, or will to any degree at any time in the future have	7763
the effect of expanding the sphere of responsibility of the	7764
commission beyond the Ohio turnpike, the commission shall do both	7765
of the following:	7766

(1) Send notice to the governor and the presiding officers	7767
and minority leaders of the senate and house of representatives	7768
that details the proposed increase to the toll rate structure or	7769
the expansion of the sphere of responsibility of the commission	7770
beyond the Ohio turnpike, including a description of and a	7771
justification for the increase or expansion;	7772

(2) Commence holding public hearings on the proposed increase	7773
in the toll rate structure or the proposed action. If the	7774
commission is proposing an increase in the toll rate structure	7775
that is applicable to vehicles operating on a turnpike project, it	7776
shall hold not less than three public hearings in three	7777
geographically diverse locations in this state that are in the	7778
immediate vicinity of the affected project. If the commission is	7779
proposing to take an action that expands, has the effect of	7780
expanding, or will to any degree at any time in the future have	7781
the effect of expanding the sphere of responsibility of the	7782
commission beyond the Ohio turnpike, it shall hold not less than	7783
three public hearings in three locations in the immediate vicinity	7784
where the expanded responsibilities would arise.	7785

The commission shall hold the third or, if it holds more than	7786
three hearings, the last hearing of any set of hearings required	7787
to be held under this section not less than thirty days prior to	7788
the date on which it votes to increase part of the toll rate	7789
structure that is applicable to vehicles operating on a turnpike	7790
project or to take an action that expands, has the effect of	7791
expanding, or will to any degree at any time in the future have	7792
the effect of expanding the sphere of responsibility of the	7793
commission beyond the Ohio turnpike.	7794

The commission shall inform the public of all the hearings	7795
required to be held under this section by causing a notice to be	7796
published in a newspaper of general circulation in the county in	7797
which each hearing is to be held, not less than once per week for	7798
two weeks prior to the date of the hearing.	7799

(C) If the commission does not comply with the notice and	7800
hearing requirements contained in division (B) of this section and	7801
votes for an increase in the toll rate structure that is	7802
applicable to vehicles operating on a turnpike project, the	7803
increase in the toll rate structure shall not take effect, any	7804
attempt by the commission to implement the increase in the toll	7805
rate structure is void, and, if necessary, the attorney general	7806
shall file an action in the court of common pleas of the county in	7807
which the principal office of the commission is located to enjoin	7808
the commission from implementing the increase. The commission	7809
shall not implement any increase until it complies with division	7810
(B) of this section.	7811

If the commission does not comply with the notice and hearing	7812
requirements contained in division (B) of this section and votes	7813
to take an action that expands, has the effect of expanding, or	7814
will to any degree at any time in the future have the effect of	7815
expanding the sphere of responsibility of the commission beyond	7816
the Ohio turnpike, the commission shall not take the proposed	7817
action and, if necessary, the attorney general shall file an	7818
action in the court of common pleas of the county in which the	7819
principal office of the commission is located to enjoin the	7820
commission from taking the proposed action. The commission shall	7821
not take the proposed action until it complies with the notice and	7822
hearing requirements prescribed in division (B) of this section.	7823

(D) Divisions (A) to (C) of this section do not apply to any	7824
decrease made to the toll rate structure by the commission. The	7825
commission may implement a temporary decrease in the toll rate	7826
structure only if it does not exceed eighteen months in duration.	7827
Prior to instituting any decrease to the toll rate structure, the	7828
commission shall do both of the following:	7829

(1) Not less than five days prior to any public meeting under	7830
division (D)(2) of this section, send notice to the governor and	7831
the presiding officers and minority leaders of the senate and	7832
house of representatives that details the proposed decrease to the	7833
toll rate structure;	7834

(2) Hold a public meeting to explain to members of the	7835
traveling public the reasons for the upcoming decrease, to inform	7836
them of any benefits and any negative consequences, and to give	7837
them the opportunity to express their opinions as to the relative	7838
merits or drawbacks of each toll decrease. The commission shall	7839
inform the public of the meeting by causing a notice to be	7840
published in newspapers of general circulation in Cuyahoga, Lucas,	7841
Mahoning, Trumbull, Williams, and Summit counties not less than	7842
five days prior to the meeting. The commission shall not be	7843
required to hold any public hearing or meeting upon the expiration	7844
of any temporary decrease in the toll rate structure, so long as	7845
it implements the same toll rate structure that was in effect	7846
immediately prior to the temporary decrease.	7847

(E) As used in this section, "Ohio turnpike" means the toll	7848
freeway that is under the jurisdiction of the commission and runs	7849
in an easterly and westerly direction across the entire northern	7850
portion of this state between its borders with the state of	7851
Pennsylvania in the east and the state of Indiana in the west, and	7852
carries the interstate highway designations of interstate	7853
seventy-six, interstate eighty, and interstate eighty-ninety.	7854

Sec. 5537.27. The Ohio turnpike and infrastructure	7855
commission, the director of transportation or the director's	7856
designee, and another person designated by the governor shall	7857
establish a procedure whereby a political subdivision or other	7858
government agency or agencies may submit a written application to	7859
the commission, requesting the commission to construct and operate	7860
a turnpike project within the boundaries of the subdivision,	7861
agency, or agencies making the request. The procedure shall	7862
include a requirement that the commission send a written reply to	7863
the subdivision, agency, or agencies, explaining the disposition	7864
of the request. The procedure established pursuant to this section	7865
shall not become effective unless it is approved by the commission	7866
and by the director or the director's designee and the designee of	7867
the governor, and shall require submission of the proposed	7868
turnpike project to the turnpike legislative review committee if	7869
the project must be approved by the governor.	7870

Sec. 5537.28. (A) ~~Notwithstanding any other provision of~~	7871
~~law, on and after the effective date of this section, the Ohio~~	7872
~~turnpike commission shall not expend any toll revenues that are~~	7873
~~generated by an existing turnpike project to fund in any manner or~~	7874
~~to any degree the construction, operation, maintenance, or repair~~	7875
~~of another turnpike project the location of which must be reviewed~~	7876
~~by the turnpike legislative review committee and approved by the~~	7877
~~governor.~~	7878

In paying the cost of ~~such a~~any turnpike project, the Ohio	7879
turnpike and infrastructure commission may issue bonds and bond	7880
anticipation notes as permitted by this chapter, and may accept	7881
moneys from any source to pay the cost of any portion of the	7882
turnpike project, including, but not limited to, the federal	7883
government, any department or agency of this state, and any	7884
political subdivision or other government agency. Each such	7885
project shall be constructed, operated, maintained, and repaired	7886
~~entirely~~ with funds ~~generated by that project or otherwise~~	7887
specifically acquired for that project or from ~~sources permitted~~	7888
~~by this chapter~~excess funds available from any other turnpike	7889
project.	7890

(B) ~~The commission shall not expend any toll revenues~~	7891
~~generated by the Ohio turnpike to pay any amount of the principal~~	7892
~~amount of, or interest due on, any bonds or bond anticipation~~	7893
~~notes issued by the commission to pay any portion of the cost of~~	7894
~~another turnpike project the location of which must be reviewed by~~	7895
~~the turnpike legislative review committee and approved by the~~	7896
~~governor. The commission shall not expend any toll revenues~~	7897
~~generated by any turnpike project to pay any amount of the~~	7898
~~principal amount of, or interest due on, any bonds or bond~~	7899
~~anticipation notes issued by the commission to pay any portion of~~	7900
~~the cost of a new turnpike project the location of which must be~~	7901
~~reviewed by the turnpike legislative review committee and approved~~	7902
~~by the governor or the cost of the operation, repair, improvement,~~	7903
~~maintenance, or reconstruction of any turnpike project other than~~	7904
~~the project that generated those toll revenues.~~	7905

~~(C)~~ As used in this section:

7906

~~(1) "Ohio turnpike" has the same meaning as in division (E)~~	7907
~~of section 5537.26 of the Revised Code;~~	7908

~~(2) "Another~~"any turnpike project" does not include	7909
infrastructure ~~improvements on the Ohio turnpike or on connecting~~	7910
~~roadways within one mile of an Ohio turnpike interchange~~projects.	7911
The costs of infrastructure projects approved under section	7912
5537.18 of the Revised Code shall be funded exclusively out of the	7913
infrastructure fund or funds.	7914

Sec. 5537.30. (A) Not later than December 31, 2009, the Ohio	7915
turnpike and infrastructure commission shall establish a program	7916
for the placement of business logos for identification purposes on	7917
directional signs within the turnpike right-of-way.	7918

(B)(1) The commission shall establish, and may revise at any	7919
time, a fee for participation in the business logo sign program.	7920
All direct and indirect costs of the business logo sign program	7921
established pursuant to this section shall be fully paid by the	7922
businesses applying for participation in the program. The direct	7923
and indirect costs of the program shall include, but not be	7924
limited to, the cost of capital, directional signs, blanks, posts,	7925
logos, installation, repair, engineering, design, insurance,	7926
removal, replacement, and administration.	7927

(2) Money generated from participating businesses in excess	7928
of the direct and indirect costs and any reasonable profit earned	7929
by a person awarded a contract ~~under division (C) of this section~~	7930
to operate, maintain, or market the business logo sign program	7931
shall be remitted to the commission.	7932

(3) If the commission operates such a program and does not	7933
contract with a private person to operate it, all money collected	7934
from participating businesses shall be retained by the commission.	7935

(C) ~~The commission, in accordance with rules adopted pursuant~~	7936
~~to section 111.15 of the Revised Code, may contract with any~~	7937
~~private person to operate, maintain, or market the business logo~~	7938
~~sign program. The contract may allow for a reasonable profit to be~~	7939
~~earned by the successful applicant. In awarding the contract, the~~	7940
~~commission shall consider the skill, expertise, prior experience,~~	7941
~~and other qualifications of each applicant.~~	7942

~~(D)~~ The program shall permit the business logo signs of a	7943
seller of motor vehicle fuel to include on the seller's signs a	7944
marking or symbol indicating that the seller sells one or more	7945
types of alternative fuel so long as the seller in fact sells that	7946
fuel. As used in this division, "alternative fuel" has the same	7947
meaning as in section 125.831 of the Revised Code.	7948

Sec. 5728.01. As used in sections 5728.02 to 5728.14 of the	7949
Revised Code:	7950

(A) "Motor vehicle" means everything on wheels that is	7951
self-propelled, other than by muscular power or power collected	7952
from electric trolley wires and other than vehicles or machinery	7953
not designed for or employed in general highway transportation,	7954
used to transport or propel persons or property over a public	7955
highway.	7956

(B) "Commercial car" means any motor vehicle used for	7957
transporting persons or property, wholly on its own structure on a	7958
public highway.	7959

(C) "Commercial tractor" means any motor vehicle designed and	7960
used to propel or draw a trailer or semi-trailer or both on a	7961
public highway without having any provision for carrying loads	7962
independently of such trailer or semi-trailer.	7963

(D) "Trailer" means everything on wheels that is not	7964
self-propelled, except vehicles or machinery not designed for or	7965
employed in general highway transportation, used for carrying	7966
property wholly on its own structure and for being drawn by a	7967
motor vehicle on a public highway, including any such vehicle when	7968
formed by or operated as a combination of a semi-trailer and a	7969
vehicle of the dolly type such as that commonly known as a trailer	7970
dolly. "Trailer" does not include manufactured homes as defined in	7971
division (C)(4) of section 3781.06 of the Revised Code or mobile	7972
homes as defined in division (O) of section 4501.01 of the Revised	7973
Code.	7974

(E) "Semi-trailer" means everything on wheels that is not	7975
self-propelled, except vehicles or machinery not designed for or	7976
employed in general highway transportation, designed and used for	7977
carrying property on a public highway when being propelled or	7978
drawn by a commercial tractor when part of its own weight or the	7979
weight of its load, or both, rest upon and is carried by a	7980
commercial tractor.	7981

(F) "Commercial tandem" means any commercial car and trailer	7982
or any commercial tractor, semi-trailer, and trailer when fastened	7983
together and used as one unit.	7984

(G) "Commercial tractor combination" means any commercial	7985
tractor and semi-trailer when fastened together and used as one	7986
unit.	7987

(H) "Axle" means two or more load carrying wheels mounted in	7988
a single transverse vertical plane.	7989

(I) "Public highway" means any highway, road, or street	7990
dedicated to public use, including a highway under the control and	7991
jurisdiction of the Ohio turnpike and infrastructure commission	7992
created by the provisions of section 5537.02 of the Revised Code	7993
and land and lots over which the public, either as user or owner,	7994
generally has a right to pass even though such land or lots are	7995
closed temporarily by public authorities for the purpose of	7996
construction, reconstruction, maintenance, or repair.	7997

(J) "Jurisdiction" means a state of the United States, the	7998
District of Columbia, or a province or territory of Canada.	7999

Sec. 5735.05. (A) To provide revenue for maintaining the	8000
state highway system; to widen existing surfaces on such highways;	8001
to resurface such highways; to pay that portion of the	8002
construction cost of a highway project which a county, township,	8003
or municipal corporation normally would be required to pay, but	8004
which the director of transportation, pursuant to division (B) of	8005
section 5531.08 of the Revised Code, determines instead will be	8006
paid from moneys in the highway operating fund; to enable the	8007
counties of the state properly to plan, maintain, and repair their	8008
roads and to pay principal, interest, and charges on bonds and	8009
other obligations issued pursuant to Chapter 133. of the Revised	8010
Code or incurred pursuant to section 5531.09 of the Revised Code	8011
for highway improvements; to enable the municipal corporations to	8012
plan, construct, reconstruct, repave, widen, maintain, repair,	8013
clear, and clean public highways, roads, and streets, and to pay	8014
the principal, interest, and charges on bonds and other	8015
obligations issued pursuant to Chapter 133. of the Revised Code or	8016
incurred pursuant to section 5531.09 of the Revised Code for	8017
highway improvements; to enable the Ohio turnpike and	8018
infrastructure commission to construct, reconstruct, maintain, and	8019
repair turnpike projects; to maintain and repair bridges and	8020
viaducts; to purchase, erect, and maintain street and traffic	8021
signs and markers; to purchase, erect, and maintain traffic lights	8022
and signals; to pay the costs apportioned to the public under	8023
sections 4907.47 and 4907.471 of the Revised Code and to	8024
supplement revenue already available for such purposes; to pay the	8025
costs incurred by the public utilities commission in administering	8026
sections 4907.47 to 4907.476 of the Revised Code; to distribute	8027
equitably among those persons using the privilege of driving motor	8028
vehicles upon such highways and streets the cost of maintaining	8029
and repairing them; to pay the interest, principal, and charges on	8030
highway capital improvements bonds and other obligations issued	8031
pursuant to Section 2m of Article VIII, Ohio Constitution, and	8032
section 151.06 of the Revised Code; to pay the interest,	8033
principal, and charges on highway obligations issued pursuant to	8034
Section 2i of Article VIII, Ohio Constitution, and sections	8035
5528.30 and 5528.31 of the Revised Code; to pay the interest,	8036
principal, and charges on major new state infrastructure bonds and	8037
other obligations of the state issued pursuant to Section 13 of	8038
Article VIII, Ohio Constitution, and section 5531.10 of the	8039
Revised Code; to provide revenue for the purposes of sections	8040
1547.71 to 1547.78 of the Revised Code; and to pay the expenses of	8041
the department of taxation incident to the administration of the	8042
motor fuel laws, a motor fuel excise tax is hereby imposed on all	8043
motor fuel dealers upon receipt of motor fuel within this state at	8044
the rate of two cents plus the cents per gallon rate on each	8045
gallon so received, to be computed in the manner set forth in	8046
section 5735.06 of the Revised Code; provided that no tax is	8047
hereby imposed upon the following transactions:	8048

(1) The sale of dyed diesel fuel by a licensed motor fuel	8049
dealer from a location other than a retail service station	8050
provided the licensed motor fuel dealer places on the face of the	8051
delivery document or invoice, or both if both are used, a	8052
conspicuous notice stating that the fuel is dyed and is not for	8053
taxable use, and that taxable use of that fuel is subject to a	8054
penalty. The tax commissioner, by rule, may provide that any	8055
notice conforming to rules or regulations issued by the United	8056
States department of the treasury or the Internal Revenue Service	8057
is sufficient notice for the purposes of division (A)(1) of this	8058
section.	8059

(2) The sale of K-1 kerosene to a retail service station,	8060
except when placed directly in the fuel supply tank of a motor	8061
vehicle. Such sale shall be rebuttably presumed to not be	8062
distributed or sold for use or used to generate power for the	8063
operation of motor vehicles upon the public highways or upon the	8064
waters within the boundaries of this state.	8065

(3) The sale of motor fuel by a licensed motor fuel dealer to	8066
another licensed motor fuel dealer;	8067

(4) The exportation of motor fuel by a licensed motor fuel	8068
dealer from this state to any other state or foreign country;	8069

(5) The sale of motor fuel to the United States government or	8070
any of its agencies, except such tax as is permitted by it, where	8071
such sale is evidenced by an exemption certificate, in a form	8072
approved by the tax commissioner, executed by the United States	8073
government or an agency thereof certifying that the motor fuel	8074
therein identified has been purchased for the exclusive use of the	8075
United States government or its agency;	8076

(6) The sale of motor fuel that is in the process of	8077
transportation in foreign or interstate commerce, except insofar	8078
as it may be taxable under the Constitution and statutes of the	8079
United States, and except as may be agreed upon in writing by the	8080
dealer and the commissioner;	8081

(7) The sale of motor fuel when sold exclusively for use in	8082
the operation of aircraft, where such sale is evidenced by an	8083
exemption certificate prescribed by the commissioner and executed	8084
by the purchaser certifying that the motor fuel purchased has been	8085
purchased for exclusive use in the operation of aircraft;	8086

(8) The sale for exportation of motor fuel by a licensed	8087
motor fuel dealer to a licensed exporter type A;	8088

(9) The sale for exportation of motor fuel by a licensed	8089
motor fuel dealer to a licensed exporter type B, provided that the	8090
destination state motor fuel tax has been paid or will be accrued	8091
and paid by the licensed motor fuel dealer.	8092

(10) The sale to a consumer of diesel fuel, by a motor fuel	8093
dealer for delivery from a bulk lot vehicle, for consumption in	8094
operating a vessel when the use of such fuel in a vessel would	8095
otherwise qualify for a refund under section 5735.14 of the	8096
Revised Code.	8097

Division (A)(1) of this section does not apply to the sale or	8098
distribution of dyed diesel fuel used to operate a motor vehicle	8099
on the public highways or upon water within the boundaries of this	8100
state by persons permitted under regulations of the United States	8101
department of the treasury or of the Internal Revenue Service to	8102
so use dyed diesel fuel.	8103

(B) The two cent motor fuel tax levied by this section is	8104
also for the purpose of paying the expenses of administering and	8105
enforcing the state law relating to the registration and operation	8106
of motor vehicles.	8107

(C) After the tax provided for by this section on the receipt	8108
of any motor fuel has been paid by the motor fuel dealer, the	8109
motor fuel may thereafter be used, sold, or resold by any person	8110
having lawful title to it, without incurring liability for such	8111
tax.	8112

If a licensed motor fuel dealer sells motor fuel received by	8113
the licensed motor fuel dealer to another licensed motor fuel	8114
dealer, the seller may deduct on the report required by section	8115
5735.06 of the Revised Code the number of gallons so sold for the	8116
month within which the motor fuel was sold or delivered. In this	8117
event the number of gallons is deemed to have been received by the	8118
purchaser, who shall report and pay the tax imposed thereon.	8119

Sec. 5735.23. (A) Out of receipts from the tax levied by	8120
section 5735.05 of the Revised Code, the treasurer of state shall	8121
place to the credit of the tax refund fund established by section	8122
5703.052 of the Revised Code amounts equal to the refunds	8123
certified by the tax commissioner pursuant to sections 5735.13,	8124
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	8125
treasurer of state shall then transfer the amount required by	8126
section 5735.051 of the Revised Code to the waterways safety fund,	8127
the amount required by section 4907.472 of the Revised Code to the	8128
grade crossing protection fund, and the amount required by section	8129
5735.053 of the Revised Code to the motor fuel tax administration	8130
fund.	8131

(B) Except as provided in division (D) of this section, each	8132
month the balance of the receipts from the tax levied by section	8133
5735.05 of the Revised Code shall be credited, after receipt by	8134
the treasurer of state of certification from the commissioners of	8135
the sinking fund, as required by section 5528.35 of the Revised	8136
Code, that there are sufficient moneys to the credit of the	8137
highway obligations bond retirement fund to meet in full all	8138
payments of interest, principal, and charges for the retirement of	8139
highway obligations issued pursuant to Section 2i of Article VIII,	8140
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	8141
Code due and payable during the current calendar year, as follows:	8142

(1) To the state and local government highway distribution	8143
fund, which is hereby created in the state treasury, an amount	8144
that is the same percentage of the balance to be credited as that	8145
portion of the tax per gallon determined under division (B)(2)(a)	8146
of section 5735.06 of the Revised Code is of the total tax per	8147
gallon determined under divisions (B)(2)(a) and (b) of that	8148
section.	8149

(2) After making the distribution to the state and local	8150
government highway distribution fund, the remainder shall be	8151
credited as follows:	8152

(a) Thirty per cent to the gasoline excise tax fund for	8153
distribution pursuant to division (A)(1) of section 5735.27 of the	8154
Revised Code;	8155

(b) Twenty-five per cent to the gasoline excise tax fund for	8156
distribution pursuant to division (A)(3) of section 5735.27 of the	8157
Revised Code;	8158

(c) Except as provided in division (D) of this section,	8159
forty-five per cent to the highway operating fund for distribution	8160
pursuant to division (B)(1) of section 5735.27 of the Revised	8161
Code.	8162

(C) From the balance in the state and local government	8163
highway distribution fund on the last day of each month there	8164
shall be paid the following amounts:	8165

(1) To the local transportation improvement program fund	8166
created by section 164.14 of the Revised Code, an amount equal to	8167
a fraction of the balance in the state and local government	8168
highway distribution fund, the numerator of which fraction is one	8169
and the denominator of which fraction is that portion of the tax	8170
per gallon determined under division (B)(2)(a) of section 5735.06	8171
of the Revised Code;	8172

(2) An amount equal to five cents multiplied by the number of	8173
gallons of motor fuel sold at stations operated by the Ohio	8174
turnpike and infrastructure commission, such gallonage to be	8175
certified by the commission to the treasurer of state not later	8176
than the last day of the month following. The funds paid to the	8177
commission pursuant to this section shall be expended for the	8178
construction, reconstruction, maintenance, and repair of turnpike	8179
projects, except that the funds may not be expended for the	8180
construction of new interchanges. The funds also may be expended	8181
for the construction, reconstruction, maintenance, and repair of	8182
those portions of connecting public roads that serve existing	8183
interchanges and are determined by the commission and the director	8184
of transportation to be necessary for the safe merging of traffic	8185
between the turnpike and those public roads.	8186

The remainder of the balance shall be distributed as follows	8187
on the fifteenth day of the following month:	8188

(a) Ten and seven-tenths per cent shall be paid to municipal	8189
corporations for distribution pursuant to division (A)(1) of	8190
section 5735.27 of the Revised Code and may be used for any	8191
purpose for which payments received under that division may be	8192
used. Through July 15, 2005, the sum of two hundred forty-eight	8193
thousand six hundred twenty-five dollars shall be monthly	8194
subtracted from the amount so computed and credited to the highway	8195
operating fund. Beginning August 15, 2005, the sum of seven	8196
hundred forty-five thousand eight hundred seventy-five dollars	8197
shall be monthly subtracted from the amount so computed and	8198
credited to the highway operating fund.	8199

(b) Five per cent shall be paid to townships for distribution	8200
pursuant to division (A)(5) of section 5735.27 of the Revised Code	8201
and may be used for any purpose for which payments received under	8202
that division may be used. Through July 15, 2005, the sum of	8203
eighty-seven thousand seven hundred fifty dollars shall be monthly	8204
subtracted from the amount so computed and credited to the highway	8205
operating fund. Beginning August 15, 2005, the sum of two hundred	8206
sixty-three thousand two hundred fifty dollars shall be monthly	8207
subtracted from the amount so computed and credited to the highway	8208
operating fund.	8209

(c) Nine and three-tenths per cent shall be paid to counties	8210
for distribution pursuant to division (A)(3) of section 5735.27 of	8211
the Revised Code and may be used for any purpose for which	8212
payments received under that division may be used. Through July	8213
15, 2005, the sum of two hundred forty-eight thousand six hundred	8214
twenty-five dollars shall be monthly subtracted from the amount so	8215
computed and credited to the highway operating fund. Beginning	8216
August 15, 2005, the sum of seven hundred forty-five thousand	8217
eight hundred seventy-five dollars shall be monthly subtracted	8218
from the amount so computed and credited to the highway operating	8219
fund.	8220

(d) Except as provided in division (D) of this section, the	8221
balance shall be transferred to the highway operating fund and	8222
used for the purposes set forth in division (B)(1) of section	8223
5735.27 of the Revised Code.	8224

(D) Monthly from September to February of each fiscal year,	8225
an amount equal to one-sixth of the amount certified in July of	8226
that year by the treasurer of state pursuant to division (Q) of	8227
section 151.01 of the Revised Code shall, from amounts required to	8228
be credited or transferred to the highway operating fund pursuant	8229
to division (B)(2)(c) or (C)(2)(d) of this section, be credited or	8230
transferred to the highway capital improvement bond service fund	8231
created in section 151.06 of the Revised Code. If, in any of those	8232
months, the amount available to be credited or transferred to the	8233
bond service fund is less than one-sixth of the amount so	8234
certified, the shortfall shall be added to the amount due the next	8235
succeeding month. Any amount still due at the end of the six-month	8236
period shall be credited or transferred as the money becomes	8237
available, until such time as the office of budget and management	8238
receives certification from the treasurer of state or the	8239
treasurer of state's designee that sufficient money has been	8240
credited or transferred to the bond service fund to meet in full	8241
all payments of debt service and financing costs due during the	8242
fiscal year from that fund.	8243

Sec. 5739.02. For the purpose of providing revenue with	8244
which to meet the needs of the state, for the use of the general	8245
revenue fund of the state, for the purpose of securing a thorough	8246
and efficient system of common schools throughout the state, for	8247
the purpose of affording revenues, in addition to those from	8248
general property taxes, permitted under constitutional	8249
limitations, and from other sources, for the support of local	8250
governmental functions, and for the purpose of reimbursing the	8251
state for the expense of administering this chapter, an excise tax	8252
is hereby levied on each retail sale made in this state.	8253

(A)(1) The tax shall be collected as provided in section	8254
5739.025 of the Revised Code. The rate of the tax shall be five	8255
and one-half per cent. The tax applies and is collectible when the	8256
sale is made, regardless of the time when the price is paid or	8257
delivered.	8258

(2) In the case of the lease or rental, with a fixed term of	8259
more than thirty days or an indefinite term with a minimum period	8260
of more than thirty days, of any motor vehicles designed by the	8261
manufacturer to carry a load of not more than one ton, watercraft,	8262
outboard motor, or aircraft, or of any tangible personal property,	8263
other than motor vehicles designed by the manufacturer to carry a	8264
load of more than one ton, to be used by the lessee or renter	8265
primarily for business purposes, the tax shall be collected by the	8266
vendor at the time the lease or rental is consummated and shall be	8267
calculated by the vendor on the basis of the total amount to be	8268
paid by the lessee or renter under the lease agreement. If the	8269
total amount of the consideration for the lease or rental includes	8270
amounts that are not calculated at the time the lease or rental is	8271
executed, the tax shall be calculated and collected by the vendor	8272
at the time such amounts are billed to the lessee or renter. In	8273
the case of an open-end lease or rental, the tax shall be	8274
calculated by the vendor on the basis of the total amount to be	8275
paid during the initial fixed term of the lease or rental, and for	8276
each subsequent renewal period as it comes due. As used in this	8277
division, "motor vehicle" has the same meaning as in section	8278
4501.01 of the Revised Code, and "watercraft" includes an outdrive	8279
unit attached to the watercraft.	8280

A lease with a renewal clause and a termination penalty or	8281
similar provision that applies if the renewal clause is not	8282
exercised is presumed to be a sham transaction. In such a case,	8283
the tax shall be calculated and paid on the basis of the entire	8284
length of the lease period, including any renewal periods, until	8285
the termination penalty or similar provision no longer applies.	8286
The taxpayer shall bear the burden, by a preponderance of the	8287
evidence, that the transaction or series of transactions is not a	8288
sham transaction.	8289

(3) Except as provided in division (A)(2) of this section, in	8290
the case of a sale, the price of which consists in whole or in	8291
part of the lease or rental of tangible personal property, the tax	8292
shall be measured by the installments of that lease or rental.	8293

(4) In the case of a sale of a physical fitness facility	8294
service or recreation and sports club service, the price of which	8295
consists in whole or in part of a membership for the receipt of	8296
the benefit of the service, the tax applicable to the sale shall	8297
be measured by the installments thereof.	8298

(B) The tax does not apply to the following:

8299

(1) Sales to the state or any of its political subdivisions,	8300
or to any other state or its political subdivisions if the laws of	8301
that state exempt from taxation sales made to this state and its	8302
political subdivisions;	8303

(2) Sales of food for human consumption off the premises	8304
where sold;	8305

(3) Sales of food sold to students only in a cafeteria,	8306
dormitory, fraternity, or sorority maintained in a private,	8307
public, or parochial school, college, or university;	8308

(4) Sales of newspapers and of magazine subscriptions and	8309
sales or transfers of magazines distributed as controlled	8310
circulation publications;	8311

(5) The furnishing, preparing, or serving of meals without	8312
charge by an employer to an employee provided the employer records	8313
the meals as part compensation for services performed or work	8314
done;	8315

(6) Sales of motor fuel upon receipt, use, distribution, or	8316
sale of which in this state a tax is imposed by the law of this	8317
state, but this exemption shall not apply to the sale of motor	8318
fuel on which a refund of the tax is allowable under division (A)	8319
of section 5735.14 of the Revised Code; and the tax commissioner	8320
may deduct the amount of tax levied by this section applicable to	8321
the price of motor fuel when granting a refund of motor fuel tax	8322
pursuant to division (A) of section 5735.14 of the Revised Code	8323
and shall cause the amount deducted to be paid into the general	8324
revenue fund of this state;	8325

(7) Sales of natural gas by a natural gas company, of water	8326
by a water-works company, or of steam by a heating company, if in	8327
each case the thing sold is delivered to consumers through pipes	8328
or conduits, and all sales of communications services by a	8329
telegraph company, all terms as defined in section 5727.01 of the	8330
Revised Code, and sales of electricity delivered through wires;	8331

(8) Casual sales by a person, or auctioneer employed directly	8332
by the person to conduct such sales, except as to such sales of	8333
motor vehicles, watercraft or outboard motors required to be	8334
titled under section 1548.06 of the Revised Code, watercraft	8335
documented with the United States coast guard, snowmobiles, and	8336
all-purpose vehicles as defined in section 4519.01 of the Revised	8337
Code;	8338

(9)(a) Sales of services or tangible personal property, other	8339
than motor vehicles, mobile homes, and manufactured homes, by	8340
churches, organizations exempt from taxation under section	8341
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	8342
organizations operated exclusively for charitable purposes as	8343
defined in division (B)(12) of this section, provided that the	8344
number of days on which such tangible personal property or	8345
services, other than items never subject to the tax, are sold does	8346
not exceed six in any calendar year, except as otherwise provided	8347
in division (B)(9)(b) of this section. If the number of days on	8348
which such sales are made exceeds six in any calendar year, the	8349
church or organization shall be considered to be engaged in	8350
business and all subsequent sales by it shall be subject to the	8351
tax. In counting the number of days, all sales by groups within a	8352
church or within an organization shall be considered to be sales	8353
of that church or organization.	8354

(b) The limitation on the number of days on which tax-exempt	8355
sales may be made by a church or organization under division	8356
(B)(9)(a) of this section does not apply to sales made by student	8357
clubs and other groups of students of a primary or secondary	8358
school, or a parent-teacher association, booster group, or similar	8359
organization that raises money to support or fund curricular or	8360
extracurricular activities of a primary or secondary school.	8361

(c) Divisions (B)(9)(a) and (b) of this section do not apply	8362
to sales by a noncommercial educational radio or television	8363
broadcasting station.	8364

(10) Sales not within the taxing power of this state under	8365
the Constitution of the United States;	8366

(11) Except for transactions that are sales under division	8367
(B)(3)(r) of section 5739.01 of the Revised Code, the	8368
transportation of persons or property, unless the transportation	8369
is by a private investigation and security service;	8370

(12) Sales of tangible personal property or services to	8371
churches, to organizations exempt from taxation under section	8372
501(c)(3) of the Internal Revenue Code of 1986, and to any other	8373
nonprofit organizations operated exclusively for charitable	8374
purposes in this state, no part of the net income of which inures	8375
to the benefit of any private shareholder or individual, and no	8376
substantial part of the activities of which consists of carrying	8377
on propaganda or otherwise attempting to influence legislation;	8378
sales to offices administering one or more homes for the aged or	8379
one or more hospital facilities exempt under section 140.08 of the	8380
Revised Code; and sales to organizations described in division (D)	8381
of section 5709.12 of the Revised Code.	8382

"Charitable purposes" means the relief of poverty; the	8383
improvement of health through the alleviation of illness, disease,	8384
or injury; the operation of an organization exclusively for the	8385
provision of professional, laundry, printing, and purchasing	8386
services to hospitals or charitable institutions; the operation of	8387
a home for the aged, as defined in section 5701.13 of the Revised	8388
Code; the operation of a radio or television broadcasting station	8389
that is licensed by the federal communications commission as a	8390
noncommercial educational radio or television station; the	8391
operation of a nonprofit animal adoption service or a county	8392
humane society; the promotion of education by an institution of	8393
learning that maintains a faculty of qualified instructors,	8394
teaches regular continuous courses of study, and confers a	8395
recognized diploma upon completion of a specific curriculum; the	8396
operation of a parent-teacher association, booster group, or	8397
similar organization primarily engaged in the promotion and	8398
support of the curricular or extracurricular activities of a	8399
primary or secondary school; the operation of a community or area	8400
center in which presentations in music, dramatics, the arts, and	8401
related fields are made in order to foster public interest and	8402
education therein; the production of performances in music,	8403
dramatics, and the arts; or the promotion of education by an	8404
organization engaged in carrying on research in, or the	8405
dissemination of, scientific and technological knowledge and	8406
information primarily for the public.	8407

Nothing in this division shall be deemed to exempt sales to	8408
any organization for use in the operation or carrying on of a	8409
trade or business, or sales to a home for the aged for use in the	8410
operation of independent living facilities as defined in division	8411
(A) of section 5709.12 of the Revised Code.	8412

(13) Building and construction materials and services sold to	8413
construction contractors for incorporation into a structure or	8414
improvement to real property under a construction contract with	8415
this state or a political subdivision of this state, or with the	8416
United States government or any of its agencies; building and	8417
construction materials and services sold to construction	8418
contractors for incorporation into a structure or improvement to	8419
real property that are accepted for ownership by this state or any	8420
of its political subdivisions, or by the United States government	8421
or any of its agencies at the time of completion of the structures	8422
or improvements; building and construction materials sold to	8423
construction contractors for incorporation into a horticulture	8424
structure or livestock structure for a person engaged in the	8425
business of horticulture or producing livestock; building	8426
materials and services sold to a construction contractor for	8427
incorporation into a house of public worship or religious	8428
education, or a building used exclusively for charitable purposes	8429
under a construction contract with an organization whose purpose	8430
is as described in division (B)(12) of this section; building	8431
materials and services sold to a construction contractor for	8432
incorporation into a building under a construction contract with	8433
an organization exempt from taxation under section 501(c)(3) of	8434
the Internal Revenue Code of 1986 when the building is to be used	8435
exclusively for the organization's exempt purposes; building and	8436
construction materials sold for incorporation into the original	8437
construction of a sports facility under section 307.696 of the	8438
Revised Code; building and construction materials and services	8439
sold to a construction contractor for incorporation into real	8440
property outside this state if such materials and services, when	8441
sold to a construction contractor in the state in which the real	8442
property is located for incorporation into real property in that	8443
state, would be exempt from a tax on sales levied by that state;	8444
and, until one calendar year after the construction of a	8445
convention center that qualifies for property tax exemption under	8446
section 5709.084 of the Revised Code is completed, building and	8447
construction materials and services sold to a construction	8448
contractor for incorporation into the real property comprising	8449
that convention center;	8450

(14) Sales of ships or vessels or rail rolling stock used or	8451
to be used principally in interstate or foreign commerce, and	8452
repairs, alterations, fuel, and lubricants for such ships or	8453
vessels or rail rolling stock;	8454

(15) Sales to persons primarily engaged in any of the	8455
activities mentioned in division (B)(42)(a), (g), or (h) of this	8456
section, to persons engaged in making retail sales, or to persons	8457
who purchase for sale from a manufacturer tangible personal	8458
property that was produced by the manufacturer in accordance with	8459
specific designs provided by the purchaser, of packages, including	8460
material, labels, and parts for packages, and of machinery,	8461
equipment, and material for use primarily in packaging tangible	8462
personal property produced for sale, including any machinery,	8463
equipment, and supplies used to make labels or packages, to	8464
prepare packages or products for labeling, or to label packages or	8465
products, by or on the order of the person doing the packaging, or	8466
sold at retail. "Packages" includes bags, baskets, cartons,	8467
crates, boxes, cans, bottles, bindings, wrappings, and other	8468
similar devices and containers, but does not include motor	8469
vehicles or bulk tanks, trailers, or similar devices attached to	8470
motor vehicles. "Packaging" means placing in a package. Division	8471
(B)(15) of this section does not apply to persons engaged in	8472
highway transportation for hire.	8473

(16) Sales of food to persons using supplemental nutrition	8474
assistance program benefits to purchase the food. As used in this	8475
division, "food" has the same meaning as in 7 U.S.C. 2012 and	8476
federal regulations adopted pursuant to the Food and Nutrition Act	8477
of 2008.	8478

(17) Sales to persons engaged in farming, agriculture,	8479
horticulture, or floriculture, of tangible personal property for	8480
use or consumption primarily in the production by farming,	8481
agriculture, horticulture, or floriculture of other tangible	8482
personal property for use or consumption primarily in the	8483
production of tangible personal property for sale by farming,	8484
agriculture, horticulture, or floriculture; or material and parts	8485
for incorporation into any such tangible personal property for use	8486
or consumption in production; and of tangible personal property	8487
for such use or consumption in the conditioning or holding of	8488
products produced by and for such use, consumption, or sale by	8489
persons engaged in farming, agriculture, horticulture, or	8490
floriculture, except where such property is incorporated into real	8491
property;	8492

(18) Sales of drugs for a human being that may be dispensed	8493
only pursuant to a prescription; insulin as recognized in the	8494
official United States pharmacopoeia; urine and blood testing	8495
materials when used by diabetics or persons with hypoglycemia to	8496
test for glucose or acetone; hypodermic syringes and needles when	8497
used by diabetics for insulin injections; epoetin alfa when	8498
purchased for use in the treatment of persons with medical	8499
disease; hospital beds when purchased by hospitals, nursing homes,	8500
or other medical facilities; and medical oxygen and medical	8501
oxygen-dispensing equipment when purchased by hospitals, nursing	8502
homes, or other medical facilities;	8503

(19) Sales of prosthetic devices, durable medical equipment	8504
for home use, or mobility enhancing equipment, when made pursuant	8505
to a prescription and when such devices or equipment are for use	8506
by a human being.	8507

(20) Sales of emergency and fire protection vehicles and	8508
equipment to nonprofit organizations for use solely in providing	8509
fire protection and emergency services, including trauma care and	8510
emergency medical services, for political subdivisions of the	8511
state;	8512

(21) Sales of tangible personal property manufactured in this	8513
state, if sold by the manufacturer in this state to a retailer for	8514
use in the retail business of the retailer outside of this state	8515
and if possession is taken from the manufacturer by the purchaser	8516
within this state for the sole purpose of immediately removing the	8517
same from this state in a vehicle owned by the purchaser;	8518

(22) Sales of services provided by the state or any of its	8519
political subdivisions, agencies, instrumentalities, institutions,	8520
or authorities, or by governmental entities of the state or any of	8521
its political subdivisions, agencies, instrumentalities,	8522
institutions, or authorities;	8523

(23) Sales of motor vehicles to nonresidents of this state	8524
under the circumstances described in division (B) of section	8525
5739.029 of the Revised Code;	8526

(24) Sales to persons engaged in the preparation of eggs for	8527
sale of tangible personal property used or consumed directly in	8528
such preparation, including such tangible personal property used	8529
for cleaning, sanitizing, preserving, grading, sorting, and	8530
classifying by size; packages, including material and parts for	8531
packages, and machinery, equipment, and material for use in	8532
packaging eggs for sale; and handling and transportation equipment	8533
and parts therefor, except motor vehicles licensed to operate on	8534
public highways, used in intraplant or interplant transfers or	8535
shipment of eggs in the process of preparation for sale, when the	8536
plant or plants within or between which such transfers or	8537
shipments occur are operated by the same person. "Packages"	8538
includes containers, cases, baskets, flats, fillers, filler flats,	8539
cartons, closure materials, labels, and labeling materials, and	8540
"packaging" means placing therein.	8541

(25)(a) Sales of water to a consumer for residential use;

8542

(b) Sales of water by a nonprofit corporation engaged	8543
exclusively in the treatment, distribution, and sale of water to	8544
consumers, if such water is delivered to consumers through pipes	8545
or tubing.	8546

(26) Fees charged for inspection or reinspection of motor	8547
vehicles under section 3704.14 of the Revised Code;	8548

(27) Sales to persons licensed to conduct a food service	8549
operation pursuant to section 3717.43 of the Revised Code, of	8550
tangible personal property primarily used directly for the	8551
following:	8552

(a) To prepare food for human consumption for sale;

8553

(b) To preserve food that has been or will be prepared for	8554
human consumption for sale by the food service operator, not	8555
including tangible personal property used to display food for	8556
selection by the consumer;	8557

(c) To clean tangible personal property used to prepare or	8558
serve food for human consumption for sale.	8559

(28) Sales of animals by nonprofit animal adoption services	8560
or county humane societies;	8561

(29) Sales of services to a corporation described in division	8562
(A) of section 5709.72 of the Revised Code, and sales of tangible	8563
personal property that qualifies for exemption from taxation under	8564
section 5709.72 of the Revised Code;	8565

(30) Sales and installation of agricultural land tile, as	8566
defined in division (B)(5)(a) of section 5739.01 of the Revised	8567
Code;	8568

(31) Sales and erection or installation of portable grain	8569
bins, as defined in division (B)(5)(b) of section 5739.01 of the	8570
Revised Code;	8571

(32) The sale, lease, repair, and maintenance of, parts for,	8572
or items attached to or incorporated in, motor vehicles that are	8573
primarily used for transporting tangible personal property	8574
belonging to others by a person engaged in highway transportation	8575
for hire, except for packages and packaging used for the	8576
transportation of tangible personal property;	8577

(33) Sales to the state headquarters of any veterans'	8578
organization in this state that is either incorporated and issued	8579
a charter by the congress of the United States or is recognized by	8580
the United States veterans administration, for use by the	8581
headquarters;	8582

(34) Sales to a telecommunications service vendor, mobile	8583
telecommunications service vendor, or satellite broadcasting	8584
service vendor of tangible personal property and services used	8585
directly and primarily in transmitting, receiving, switching, or	8586
recording any interactive, one- or two-way electromagnetic	8587
communications, including voice, image, data, and information,	8588
through the use of any medium, including, but not limited to,	8589
poles, wires, cables, switching equipment, computers, and record	8590
storage devices and media, and component parts for the tangible	8591
personal property. The exemption provided in this division shall	8592
be in lieu of all other exemptions under division (B)(42)(a) or	8593
(n) of this section to which the vendor may otherwise be entitled,	8594
based upon the use of the thing purchased in providing the	8595
telecommunications, mobile telecommunications, or satellite	8596
broadcasting service.	8597

(35)(a) Sales where the purpose of the consumer is to use or	8598
consume the things transferred in making retail sales and	8599
consisting of newspaper inserts, catalogues, coupons, flyers, gift	8600
certificates, or other advertising material that prices and	8601
describes tangible personal property offered for retail sale.	8602

(b) Sales to direct marketing vendors of preliminary	8603
materials such as photographs, artwork, and typesetting that will	8604
be used in printing advertising material; and of printed matter	8605
that offers free merchandise or chances to win sweepstake prizes	8606
and that is mailed to potential customers with advertising	8607
material described in division (B)(35)(a) of this section;	8608

(c) Sales of equipment such as telephones, computers,	8609
facsimile machines, and similar tangible personal property	8610
primarily used to accept orders for direct marketing retail sales.	8611

(d) Sales of automatic food vending machines that preserve	8612
food with a shelf life of forty-five days or less by refrigeration	8613
and dispense it to the consumer.	8614

For purposes of division (B)(35) of this section, "direct	8615
marketing" means the method of selling where consumers order	8616
tangible personal property by United States mail, delivery	8617
service, or telecommunication and the vendor delivers or ships the	8618
tangible personal property sold to the consumer from a warehouse,	8619
catalogue distribution center, or similar fulfillment facility by	8620
means of the United States mail, delivery service, or common	8621
carrier.	8622

(36) Sales to a person engaged in the business of	8623
horticulture or producing livestock of materials to be	8624
incorporated into a horticulture structure or livestock structure;	8625

(37) Sales of personal computers, computer monitors, computer	8626
keyboards, modems, and other peripheral computer equipment to an	8627
individual who is licensed or certified to teach in an elementary	8628
or a secondary school in this state for use by that individual in	8629
preparation for teaching elementary or secondary school students;	8630

(38) Sales to a professional racing team of any of the	8631
following:	8632

(a) Motor racing vehicles;

8633

(b) Repair services for motor racing vehicles;

8634

(c) Items of property that are attached to or incorporated in	8635
motor racing vehicles, including engines, chassis, and all other	8636
components of the vehicles, and all spare, replacement, and	8637
rebuilt parts or components of the vehicles; except not including	8638
tires, consumable fluids, paint, and accessories consisting of	8639
instrumentation sensors and related items added to the vehicle to	8640
collect and transmit data by means of telemetry and other forms of	8641
communication.	8642

(39) Sales of used manufactured homes and used mobile homes,	8643
as defined in section 5739.0210 of the Revised Code, made on or	8644
after January 1, 2000;	8645

(40) Sales of tangible personal property and services to a	8646
provider of electricity used or consumed directly and primarily in	8647
generating, transmitting, or distributing electricity for use by	8648
others, including property that is or is to be incorporated into	8649
and will become a part of the consumer's production, transmission,	8650
or distribution system and that retains its classification as	8651
tangible personal property after incorporation; fuel or power used	8652
in the production, transmission, or distribution of electricity;	8653
energy conversion equipment as defined in section 5727.01 of the	8654
Revised Code; and tangible personal property and services used in	8655
the repair and maintenance of the production, transmission, or	8656
distribution system, including only those motor vehicles as are	8657
specially designed and equipped for such use. The exemption	8658
provided in this division shall be in lieu of all other exemptions	8659
in division (B)(42)(a) or (n) of this section to which a provider	8660
of electricity may otherwise be entitled based on the use of the	8661
tangible personal property or service purchased in generating,	8662
transmitting, or distributing electricity.	8663

(41) Sales to a person providing services under division	8664
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	8665
personal property and services used directly and primarily in	8666
providing taxable services under that section.	8667

(42) Sales where the purpose of the purchaser is to do any of	8668
the following:	8669

(a) To incorporate the thing transferred as a material or a	8670
part into tangible personal property to be produced for sale by	8671
manufacturing, assembling, processing, or refining; or to use or	8672
consume the thing transferred directly in producing tangible	8673
personal property for sale by mining, including, without	8674
limitation, the extraction from the earth of all substances that	8675
are classed geologically as minerals, production of crude oil and	8676
natural gas, or directly in the rendition of a public utility	8677
service, except that the sales tax levied by this section shall be	8678
collected upon all meals, drinks, and food for human consumption	8679
sold when transporting persons. Persons engaged in rendering	8680
services in the exploration for, and production of, crude oil and	8681
natural gas for others are deemed engaged directly in the	8682
exploration for, and production of, crude oil and natural gas.	8683
This paragraph does not exempt from "retail sale" or "sales at	8684
retail" the sale of tangible personal property that is to be	8685
incorporated into a structure or improvement to real property.	8686

(b) To hold the thing transferred as security for the	8687
performance of an obligation of the vendor;	8688

(c) To resell, hold, use, or consume the thing transferred as	8689
evidence of a contract of insurance;	8690

(d) To use or consume the thing directly in commercial	8691
fishing;	8692

(e) To incorporate the thing transferred as a material or a	8693
part into, or to use or consume the thing transferred directly in	8694
the production of, magazines distributed as controlled circulation	8695
publications;	8696

(f) To use or consume the thing transferred in the production	8697
and preparation in suitable condition for market and sale of	8698
printed, imprinted, overprinted, lithographic, multilithic,	8699
blueprinted, photostatic, or other productions or reproductions of	8700
written or graphic matter;	8701

(g) To use the thing transferred, as described in section	8702
5739.011 of the Revised Code, primarily in a manufacturing	8703
operation to produce tangible personal property for sale;	8704

(h) To use the benefit of a warranty, maintenance or service	8705
contract, or similar agreement, as described in division (B)(7) of	8706
section 5739.01 of the Revised Code, to repair or maintain	8707
tangible personal property, if all of the property that is the	8708
subject of the warranty, contract, or agreement would not be	8709
subject to the tax imposed by this section;	8710

(i) To use the thing transferred as qualified research and	8711
development equipment;	8712

(j) To use or consume the thing transferred primarily in	8713
storing, transporting, mailing, or otherwise handling purchased	8714
sales inventory in a warehouse, distribution center, or similar	8715
facility when the inventory is primarily distributed outside this	8716
state to retail stores of the person who owns or controls the	8717
warehouse, distribution center, or similar facility, to retail	8718
stores of an affiliated group of which that person is a member, or	8719
by means of direct marketing. This division does not apply to	8720
motor vehicles registered for operation on the public highways. As	8721
used in this division, "affiliated group" has the same meaning as	8722
in division (B)(3)(e) of section 5739.01 of the Revised Code and	8723
"direct marketing" has the same meaning as in division (B)(35) of	8724
this section.	8725

(k) To use or consume the thing transferred to fulfill a	8726
contractual obligation incurred by a warrantor pursuant to a	8727
warranty provided as a part of the price of the tangible personal	8728
property sold or by a vendor of a warranty, maintenance or service	8729
contract, or similar agreement the provision of which is defined	8730
as a sale under division (B)(7) of section 5739.01 of the Revised	8731
Code;	8732

(l) To use or consume the thing transferred in the production	8733
of a newspaper for distribution to the public;	8734

(m) To use tangible personal property to perform a service	8735
listed in division (B)(3) of section 5739.01 of the Revised Code,	8736
if the property is or is to be permanently transferred to the	8737
consumer of the service as an integral part of the performance of	8738
the service;	8739

(n) To use or consume the thing transferred primarily in	8740
producing tangible personal property for sale by farming,	8741
agriculture, horticulture, or floriculture. Persons engaged in	8742
rendering farming, agriculture, horticulture, or floriculture	8743
services for others are deemed engaged primarily in farming,	8744
agriculture, horticulture, or floriculture. This paragraph does	8745
not exempt from "retail sale" or "sales at retail" the sale of	8746
tangible personal property that is to be incorporated into a	8747
structure or improvement to real property.	8748

(o) To use or consume the thing transferred in acquiring,	8749
formatting, editing, storing, and disseminating data or	8750
information by electronic publishing.	8751

As used in division (B)(42) of this section, "thing" includes	8752
all transactions included in divisions (B)(3)(a), (b), and (e) of	8753
section 5739.01 of the Revised Code.	8754

(43) Sales conducted through a coin operated device that	8755
activates vacuum equipment or equipment that dispenses water,	8756
whether or not in combination with soap or other cleaning agents	8757
or wax, to the consumer for the consumer's use on the premises in	8758
washing, cleaning, or waxing a motor vehicle, provided no other	8759
personal property or personal service is provided as part of the	8760
transaction.	8761

(44) Sales of replacement and modification parts for engines,	8762
airframes, instruments, and interiors in, and paint for, aircraft	8763
used primarily in a fractional aircraft ownership program, and	8764
sales of services for the repair, modification, and maintenance of	8765
such aircraft, and machinery, equipment, and supplies primarily	8766
used to provide those services.	8767

(45) Sales of telecommunications service that is used	8768
directly and primarily to perform the functions of a call center.	8769
As used in this division, "call center" means any physical	8770
location where telephone calls are placed or received in high	8771
volume for the purpose of making sales, marketing, customer	8772
service, technical support, or other specialized business	8773
activity, and that employs at least fifty individuals that engage	8774
in call center activities on a full-time basis, or sufficient	8775
individuals to fill fifty full-time equivalent positions.	8776

(46) Sales by a telecommunications service vendor of 900	8777
service to a subscriber. This division does not apply to	8778
information services, as defined in division (FF) of section	8779
5739.01 of the Revised Code.	8780

(47) Sales of value-added non-voice data service. This	8781
division does not apply to any similar service that is not	8782
otherwise a telecommunications service.	8783

(48)(a) Sales of machinery, equipment, and software to a	8784
qualified direct selling entity for use in a warehouse or	8785
distribution center primarily for storing, transporting, or	8786
otherwise handling inventory that is held for sale to independent	8787
salespersons who operate as direct sellers and that is held	8788
primarily for distribution outside this state;	8789

(b) As used in division (B)(48)(a) of this section:

8790

(i) "Direct seller" means a person selling consumer products	8791
to individuals for personal or household use and not from a fixed	8792
retail location, including selling such product at in-home product	8793
demonstrations, parties, and other one-on-one selling.	8794

(ii) "Qualified direct selling entity" means an entity	8795
selling to direct sellers at the time the entity enters into a tax	8796
credit agreement with the tax credit authority pursuant to section	8797
122.17 of the Revised Code, provided that the agreement was	8798
entered into on or after January 1, 2007. Neither contingencies	8799
relevant to the granting of, nor later developments with respect	8800
to, the tax credit shall impair the status of the qualified direct	8801
selling entity under division (B)(48) of this section after	8802
execution of the tax credit agreement by the tax credit authority.	8803

(c) Division (B)(48) of this section is limited to machinery,	8804
equipment, and software first stored, used, or consumed in this	8805
state within the period commencing June 24, 2008, and ending on	8806
the date that is five years after that date.	8807

(49) Sales of materials, parts, equipment, or engines used in	8808
the repair or maintenance of aircraft or avionics systems of such	8809
aircraft, and sales of repair, remodeling, replacement, or	8810
maintenance services in this state performed on aircraft or on an	8811
aircraft's avionics, engine, or component materials or parts. As	8812
used in division (B)(49) of this section, "aircraft" means	8813
aircraft of more than six thousand pounds maximum certified	8814
takeoff weight or used exclusively in general aviation.	8815

(50) Sales of full flight simulators that are used for pilot	8816
or flight-crew training, sales of repair or replacement parts or	8817
components, and sales of repair or maintenance services for such	8818
full flight simulators. "Full flight simulator" means a replica of	8819
a specific type, or make, model, and series of aircraft cockpit.	8820
It includes the assemblage of equipment and computer programs	8821
necessary to represent aircraft operations in ground and flight	8822
conditions, a visual system providing an out-of-the-cockpit view,	8823
and a system that provides cues at least equivalent to those of a	8824
three-degree-of-freedom motion system, and has the full range of	8825
capabilities of the systems installed in the device as described	8826
in appendices A and B of part 60 of chapter 1 of title 14 of the	8827
Code of Federal Regulations.	8828

(51) Any transfer or lease of tangible personal property	8829
~~between the state and a successful proposer in accordance with~~	8830
~~sections 126.60 to 126.605 of the Revised Code, provided the~~	8831
~~property is part of a project as defined in section 126.60 of the~~	8832
~~Revised Code and the state retains ownership of the project or~~	8833
~~part thereof that is being transferred or leased,~~ between the	8834
state and JobsOhio in accordance with section 4313.02 of the	8835
Revised Code.	8836

(C) For the purpose of the proper administration of this	8837
chapter, and to prevent the evasion of the tax, it is presumed	8838
that all sales made in this state are subject to the tax until the	8839
contrary is established.	8840

(D) The levy of this tax on retail sales of recreation and	8841
sports club service shall not prevent a municipal corporation from	8842
levying any tax on recreation and sports club dues or on any	8843
income generated by recreation and sports club dues.	8844

(E) The tax collected by the vendor from the consumer under	8845
this chapter is not part of the price, but is a tax collection for	8846
the benefit of the state, and of counties levying an additional	8847
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	8848
Code and of transit authorities levying an additional sales tax	8849
pursuant to section 5739.023 of the Revised Code. Except for the	8850
discount authorized under section 5739.12 of the Revised Code and	8851
the effects of any rounding pursuant to section 5703.055 of the	8852
Revised Code, no person other than the state or such a county or	8853
transit authority shall derive any benefit from the collection or	8854
payment of the tax levied by this section or section 5739.021,	8855
5739.023, or 5739.026 of the Revised Code.	8856

Sec. 5747.01. Except as otherwise expressly provided or	8857
clearly appearing from the context, any term used in this chapter	8858
that is not otherwise defined in this section has the same meaning	8859
as when used in a comparable context in the laws of the United	8860
States relating to federal income taxes or if not used in a	8861
comparable context in those laws, has the same meaning as in	8862
section 5733.40 of the Revised Code. Any reference in this chapter	8863
to the Internal Revenue Code includes other laws of the United	8864
States relating to federal income taxes.	8865

As used in this chapter:

8866

(A) "Adjusted gross income" or "Ohio adjusted gross income"	8867
means federal adjusted gross income, as defined and used in the	8868
Internal Revenue Code, adjusted as provided in this section:	8869

(1) Add interest or dividends on obligations or securities of	8870
any state or of any political subdivision or authority of any	8871
state, other than this state and its subdivisions and authorities.	8872

(2) Add interest or dividends on obligations of any	8873
authority, commission, instrumentality, territory, or possession	8874
of the United States to the extent that the interest or dividends	8875
are exempt from federal income taxes but not from state income	8876
taxes.	8877

(3) Deduct interest or dividends on obligations of the United	8878
States and its territories and possessions or of any authority,	8879
commission, or instrumentality of the United States to the extent	8880
that the interest or dividends are included in federal adjusted	8881
gross income but exempt from state income taxes under the laws of	8882
the United States.	8883

(4) Deduct disability and survivor's benefits to the extent	8884
included in federal adjusted gross income.	8885

(5) Deduct benefits under Title II of the Social Security Act	8886
and tier 1 railroad retirement benefits to the extent included in	8887
federal adjusted gross income under section 86 of the Internal	8888
Revenue Code.	8889

(6) In the case of a taxpayer who is a beneficiary of a trust	8890
that makes an accumulation distribution as defined in section 665	8891
of the Internal Revenue Code, add, for the beneficiary's taxable	8892
years beginning before 2002, the portion, if any, of such	8893
distribution that does not exceed the undistributed net income of	8894
the trust for the three taxable years preceding the taxable year	8895
in which the distribution is made to the extent that the portion	8896
was not included in the trust's taxable income for any of the	8897
trust's taxable years beginning in 2002 or thereafter.	8898
"Undistributed net income of a trust" means the taxable income of	8899
the trust increased by (a)(i) the additions to adjusted gross	8900
income required under division (A) of this section and (ii) the	8901
personal exemptions allowed to the trust pursuant to section	8902
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	8903
deductions to adjusted gross income required under division (A) of	8904
this section, (ii) the amount of federal income taxes attributable	8905
to such income, and (iii) the amount of taxable income that has	8906
been included in the adjusted gross income of a beneficiary by	8907
reason of a prior accumulation distribution. Any undistributed net	8908
income included in the adjusted gross income of a beneficiary	8909
shall reduce the undistributed net income of the trust commencing	8910
with the earliest years of the accumulation period.	8911

(7) Deduct the amount of wages and salaries, if any, not	8912
otherwise allowable as a deduction but that would have been	8913
allowable as a deduction in computing federal adjusted gross	8914
income for the taxable year, had the targeted jobs credit allowed	8915
and determined under sections 38, 51, and 52 of the Internal	8916
Revenue Code not been in effect.	8917

(8) Deduct any interest or interest equivalent on public	8918
obligations and purchase obligations to the extent that the	8919
interest or interest equivalent is included in federal adjusted	8920
gross income.	8921

(9) Add any loss or deduct any gain resulting from the sale,	8922
exchange, or other disposition of public obligations to the extent	8923
that the loss has been deducted or the gain has been included in	8924
computing federal adjusted gross income.	8925

(10) Deduct or add amounts, as provided under section 5747.70	8926
of the Revised Code, related to contributions to variable college	8927
savings program accounts made or tuition units purchased pursuant	8928
to Chapter 3334. of the Revised Code.	8929

(11)(a) Deduct, to the extent not otherwise allowable as a	8930
deduction or exclusion in computing federal or Ohio adjusted gross	8931
income for the taxable year, the amount the taxpayer paid during	8932
the taxable year for medical care insurance and qualified	8933
long-term care insurance for the taxpayer, the taxpayer's spouse,	8934
and dependents. No deduction for medical care insurance under	8935
division (A)(11) of this section shall be allowed either to any	8936
taxpayer who is eligible to participate in any subsidized health	8937
plan maintained by any employer of the taxpayer or of the	8938
taxpayer's spouse, or to any taxpayer who is entitled to, or on	8939
application would be entitled to, benefits under part A of Title	8940
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	8941
301, as amended. For the purposes of division (A)(11)(a) of this	8942
section, "subsidized health plan" means a health plan for which	8943
the employer pays any portion of the plan's cost. The deduction	8944
allowed under division (A)(11)(a) of this section shall be the net	8945
of any related premium refunds, related premium reimbursements, or	8946
related insurance premium dividends received during the taxable	8947
year.	8948

(b) Deduct, to the extent not otherwise deducted or excluded	8949
in computing federal or Ohio adjusted gross income during the	8950
taxable year, the amount the taxpayer paid during the taxable	8951
year, not compensated for by any insurance or otherwise, for	8952
medical care of the taxpayer, the taxpayer's spouse, and	8953
dependents, to the extent the expenses exceed seven and one-half	8954
per cent of the taxpayer's federal adjusted gross income.	8955

(c) Deduct, to the extent not otherwise deducted or excluded	8956
in computing federal or Ohio adjusted gross income, any amount	8957
included in federal adjusted gross income under section 105 or not	8958
excluded under section 106 of the Internal Revenue Code solely	8959
because it relates to an accident and health plan for a person who	8960
otherwise would be a "qualifying relative" and thus a "dependent"	8961
under section 152 of the Internal Revenue Code but for the fact	8962
that the person fails to meet the income and support limitations	8963
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	8964

(d) For purposes of division (A)(11) of this section,	8965
"medical care" has the meaning given in section 213 of the	8966
Internal Revenue Code, subject to the special rules, limitations,	8967
and exclusions set forth therein, and "qualified long-term care"	8968
has the same meaning given in section 7702B(c) of the Internal	8969
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	8970
of this section, "dependent" includes a person who otherwise would	8971
be a "qualifying relative" and thus a "dependent" under section	8972
152 of the Internal Revenue Code but for the fact that the person	8973
fails to meet the income and support limitations under section	8974
152(d)(1)(B) and (C) of the Internal Revenue Code.	8975

(12)(a) Deduct any amount included in federal adjusted gross	8976
income solely because the amount represents a reimbursement or	8977
refund of expenses that in any year the taxpayer had deducted as	8978
an itemized deduction pursuant to section 63 of the Internal	8979
Revenue Code and applicable United States department of the	8980
treasury regulations. The deduction otherwise allowed under	8981
division (A)(12)(a) of this section shall be reduced to the extent	8982
the reimbursement is attributable to an amount the taxpayer	8983
deducted under this section in any taxable year.	8984

(b) Add any amount not otherwise included in Ohio adjusted	8985
gross income for any taxable year to the extent that the amount is	8986
attributable to the recovery during the taxable year of any amount	8987
deducted or excluded in computing federal or Ohio adjusted gross	8988
income in any taxable year.	8989

(13) Deduct any portion of the deduction described in section	8990
1341(a)(2) of the Internal Revenue Code, for repaying previously	8991
reported income received under a claim of right, that meets both	8992
of the following requirements:	8993

(a) It is allowable for repayment of an item that was	8994
included in the taxpayer's adjusted gross income for a prior	8995
taxable year and did not qualify for a credit under division (A)	8996
or (B) of section 5747.05 of the Revised Code for that year;	8997

(b) It does not otherwise reduce the taxpayer's adjusted	8998
gross income for the current or any other taxable year.	8999

(14) Deduct an amount equal to the deposits made to, and net	9000
investment earnings of, a medical savings account during the	9001
taxable year, in accordance with section 3924.66 of the Revised	9002
Code. The deduction allowed by division (A)(14) of this section	9003
does not apply to medical savings account deposits and earnings	9004
otherwise deducted or excluded for the current or any other	9005
taxable year from the taxpayer's federal adjusted gross income.	9006

(15)(a) Add an amount equal to the funds withdrawn from a	9007
medical savings account during the taxable year, and the net	9008
investment earnings on those funds, when the funds withdrawn were	9009
used for any purpose other than to reimburse an account holder	9010
for, or to pay, eligible medical expenses, in accordance with	9011
section 3924.66 of the Revised Code;	9012

(b) Add the amounts distributed from a medical savings	9013
account under division (A)(2) of section 3924.68 of the Revised	9014
Code during the taxable year.	9015

(16) Add any amount claimed as a credit under section	9016
5747.059 or 5747.65 of the Revised Code to the extent that such	9017
amount satisfies either of the following:	9018

(a) The amount was deducted or excluded from the computation	9019
of the taxpayer's federal adjusted gross income as required to be	9020
reported for the taxpayer's taxable year under the Internal	9021
Revenue Code;	9022

(b) The amount resulted in a reduction of the taxpayer's	9023
federal adjusted gross income as required to be reported for any	9024
of the taxpayer's taxable years under the Internal Revenue Code.	9025

(17) Deduct the amount contributed by the taxpayer to an	9026
individual development account program established by a county	9027
department of job and family services pursuant to sections 329.11	9028
to 329.14 of the Revised Code for the purpose of matching funds	9029
deposited by program participants. On request of the tax	9030
commissioner, the taxpayer shall provide any information that, in	9031
the tax commissioner's opinion, is necessary to establish the	9032
amount deducted under division (A)(17) of this section.	9033

(18) Beginning in taxable year 2001 but not for any taxable	9034
year beginning after December 31, 2005, if the taxpayer is married	9035
and files a joint return and the combined federal adjusted gross	9036
income of the taxpayer and the taxpayer's spouse for the taxable	9037
year does not exceed one hundred thousand dollars, or if the	9038
taxpayer is single and has a federal adjusted gross income for the	9039
taxable year not exceeding fifty thousand dollars, deduct amounts	9040
paid during the taxable year for qualified tuition and fees paid	9041
to an eligible institution for the taxpayer, the taxpayer's	9042
spouse, or any dependent of the taxpayer, who is a resident of	9043
this state and is enrolled in or attending a program that	9044
culminates in a degree or diploma at an eligible institution. The	9045
deduction may be claimed only to the extent that qualified tuition	9046
and fees are not otherwise deducted or excluded for any taxable	9047
year from federal or Ohio adjusted gross income. The deduction may	9048
not be claimed for educational expenses for which the taxpayer	9049
claims a credit under section 5747.27 of the Revised Code.	9050

(19) Add any reimbursement received during the taxable year	9051
of any amount the taxpayer deducted under division (A)(18) of this	9052
section in any previous taxable year to the extent the amount is	9053
not otherwise included in Ohio adjusted gross income.	9054

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	9055
(v) of this section, add five-sixths of the amount of depreciation	9056
expense allowed by subsection (k) of section 168 of the Internal	9057
Revenue Code, including the taxpayer's proportionate or	9058
distributive share of the amount of depreciation expense allowed	9059
by that subsection to a pass-through entity in which the taxpayer	9060
has a direct or indirect ownership interest.	9061

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	9062
this section, add five-sixths of the amount of qualifying section	9063
179 depreciation expense, including the taxpayer's proportionate	9064
or distributive share of the amount of qualifying section 179	9065
depreciation expense allowed to any pass-through entity in which	9066
the taxpayer has a direct or indirect ownership interest.	9067

(iii) Subject to division (A)(20)(a)(v) of this section, for	9068
taxable years beginning in 2012 or thereafter, if the increase in	9069
income taxes withheld by the taxpayer is equal to or greater than	9070
ten per cent of income taxes withheld by the taxpayer during the	9071
taxpayer's immediately preceding taxable year, "two-thirds" shall	9072
be substituted for "five-sixths" for the purpose of divisions	9073
(A)(20)(a)(i) and (ii) of this section.	9074

(iv) Subject to division (A)(20)(a)(v) of this section, for	9075
taxable years beginning in 2012 or thereafter, a taxpayer is not	9076
required to add an amount under division (A)(20) of this section	9077
if the increase in income taxes withheld by the taxpayer and by	9078
any pass-through entity in which the taxpayer has a direct or	9079
indirect ownership interest is equal to or greater than the sum of	9080
(I) the amount of qualifying section 179 depreciation expense and	9081
(II) the amount of depreciation expense allowed to the taxpayer by	9082
subsection (k) of section 168 of the Internal Revenue Code, and	9083
including the taxpayer's proportionate or distributive shares of	9084
such amounts allowed to any such pass-through entities.	9085

(v) If a taxpayer directly or indirectly incurs a net	9086
operating loss for the taxable year for federal income tax	9087
purposes, to the extent such loss resulted from depreciation	9088
expense allowed by subsection (k) of section 168 of the Internal	9089
Revenue Code and by qualifying section 179 depreciation expense,	9090
"the entire" shall be substituted for "five-sixths of the" for the	9091
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	9092

The tax commissioner, under procedures established by the	9093
commissioner, may waive the add-backs related to a pass-through	9094
entity if the taxpayer owns, directly or indirectly, less than	9095
five per cent of the pass-through entity.	9096

(b) Nothing in division (A)(20) of this section shall be	9097
construed to adjust or modify the adjusted basis of any asset.	9098

(c) To the extent the add-back required under division	9099
(A)(20)(a) of this section is attributable to property generating	9100
nonbusiness income or loss allocated under section 5747.20 of the	9101
Revised Code, the add-back shall be sitused to the same location	9102
as the nonbusiness income or loss generated by the property for	9103
the purpose of determining the credit under division (A) of	9104
section 5747.05 of the Revised Code. Otherwise, the add-back shall	9105
be apportioned, subject to one or more of the four alternative	9106
methods of apportionment enumerated in section 5747.21 of the	9107
Revised Code.	9108

(d) For the purposes of division (A)(20)(a)(v) of this	9109
section, net operating loss carryback and carryforward shall not	9110
include the allowance of any net operating loss deduction	9111
carryback or carryforward to the taxable year to the extent such	9112
loss resulted from depreciation allowed by section 168(k) of the	9113
Internal Revenue Code and by the qualifying section 179	9114
depreciation expense amount.	9115

(e) For the purposes of divisions (A)(20) and (21) of this	9116
section:	9117

(i) "Income taxes withheld" means the total amount withheld	9118
and remitted under sections 5747.06 and 5747.07 of the Revised	9119
Code by an employer during the employer's taxable year.	9120

(ii) "Increase in income taxes withheld" means the amount by	9121
which the amount of income taxes withheld by an employer during	9122
the employer's current taxable year exceeds the amount of income	9123
taxes withheld by that employer during the employer's immediately	9124
preceding taxable year.	9125

(iii) "Qualifying section 179 depreciation expense" means the	9126
difference between (I) the amount of depreciation expense directly	9127
or indirectly allowed to a taxpayer under section 179 of the	9128
Internal Revised Code, and (II) the amount of depreciation expense	9129
directly or indirectly allowed to the taxpayer under section 179	9130
of the Internal Revenue Code as that section existed on December	9131
31, 2002.	9132

(21)(a) If the taxpayer was required to add an amount under	9133
division (A)(20)(a) of this section for a taxable year, deduct one	9134
of the following:	9135

(i) One-fifth of the amount so added for each of the five	9136
succeeding taxable years if the amount so added was five-sixths of	9137
qualifying section 179 depreciation expense or depreciation	9138
expense allowed by subsection (k) of section 168 of the Internal	9139
Revenue Code;	9140

(ii) One-half of the amount so added for each of the two	9141
succeeding taxable years if the amount so added was two-thirds of	9142
such depreciation expense;	9143

(iii) One-sixth of the amount so added for each of the six	9144
succeeding taxable years if the entire amount of such depreciation	9145
expense was so added.	9146

(b) If the amount deducted under division (A)(21)(a) of this	9147
section is attributable to an add-back allocated under division	9148
(A)(20)(c) of this section, the amount deducted shall be sitused	9149
to the same location. Otherwise, the add-back shall be apportioned	9150
using the apportionment factors for the taxable year in which the	9151
deduction is taken, subject to one or more of the four alternative	9152
methods of apportionment enumerated in section 5747.21 of the	9153
Revised Code.	9154

(c) No deduction is available under division (A)(21)(a) of	9155
this section with regard to any depreciation allowed by section	9156
168(k) of the Internal Revenue Code and by the qualifying section	9157
179 depreciation expense amount to the extent that such	9158
depreciation results in or increases a federal net operating loss	9159
carryback or carryforward. If no such deduction is available for a	9160
taxable year, the taxpayer may carry forward the amount not	9161
deducted in such taxable year to the next taxable year and add	9162
that amount to any deduction otherwise available under division	9163
(A)(21)(a) of this section for that next taxable year. The	9164
carryforward of amounts not so deducted shall continue until the	9165
entire addition required by division (A)(20)(a) of this section	9166
has been deducted.	9167

(d) No refund shall be allowed as a result of adjustments	9168
made by division (A)(21) of this section.	9169

(22) Deduct, to the extent not otherwise deducted or excluded	9170
in computing federal or Ohio adjusted gross income for the taxable	9171
year, the amount the taxpayer received during the taxable year as	9172
reimbursement for life insurance premiums under section 5919.31 of	9173
the Revised Code.	9174

(23) Deduct, to the extent not otherwise deducted or excluded	9175
in computing federal or Ohio adjusted gross income for the taxable	9176
year, the amount the taxpayer received during the taxable year as	9177
a death benefit paid by the adjutant general under section 5919.33	9178
of the Revised Code.	9179

(24) Deduct, to the extent included in federal adjusted gross	9180
income and not otherwise allowable as a deduction or exclusion in	9181
computing federal or Ohio adjusted gross income for the taxable	9182
year, military pay and allowances received by the taxpayer during	9183
the taxable year for active duty service in the United States	9184
army, air force, navy, marine corps, or coast guard or reserve	9185
components thereof or the national guard. The deduction may not be	9186
claimed for military pay and allowances received by the taxpayer	9187
while the taxpayer is stationed in this state.	9188

(25) Deduct, to the extent not otherwise allowable as a	9189
deduction or exclusion in computing federal or Ohio adjusted gross	9190
income for the taxable year and not otherwise compensated for by	9191
any other source, the amount of qualified organ donation expenses	9192
incurred by the taxpayer during the taxable year, not to exceed	9193
ten thousand dollars. A taxpayer may deduct qualified organ	9194
donation expenses only once for all taxable years beginning with	9195
taxable years beginning in 2007.	9196

For the purposes of division (A)(25) of this section:

9197

(a) "Human organ" means all or any portion of a human liver,	9198
pancreas, kidney, intestine, or lung, and any portion of human	9199
bone marrow.	9200

(b) "Qualified organ donation expenses" means travel	9201
expenses, lodging expenses, and wages and salary forgone by a	9202
taxpayer in connection with the taxpayer's donation, while living,	9203
of one or more of the taxpayer's human organs to another human	9204
being.	9205

(26) Deduct, to the extent not otherwise deducted or excluded	9206
in computing federal or Ohio adjusted gross income for the taxable	9207
year, amounts received by the taxpayer as retired military	9208
personnel pay for service in the United States army, navy, air	9209
force, coast guard, or marine corps or reserve components thereof,	9210
or the national guard, or received by the surviving spouse or	9211
former spouse of such a taxpayer under the survivor benefit plan	9212
on account of such a taxpayer's death. If the taxpayer receives	9213
income on account of retirement paid under the federal civil	9214
service retirement system or federal employees retirement system,	9215
or under any successor retirement program enacted by the congress	9216
of the United States that is established and maintained for	9217
retired employees of the United States government, and such	9218
retirement income is based, in whole or in part, on credit for the	9219
taxpayer's military service, the deduction allowed under this	9220
division shall include only that portion of such retirement income	9221
that is attributable to the taxpayer's military service, to the	9222
extent that portion of such retirement income is otherwise	9223
included in federal adjusted gross income and is not otherwise	9224
deducted under this section. Any amount deducted under division	9225
(A)(26) of this section is not included in a taxpayer's adjusted	9226
gross income for the purposes of section 5747.055 of the Revised	9227
Code. No amount may be deducted under division (A)(26) of this	9228
section on the basis of which a credit was claimed under section	9229
5747.055 of the Revised Code.	9230

(27) Deduct, to the extent not otherwise deducted or excluded	9231
in computing federal or Ohio adjusted gross income for the taxable	9232
year, the amount the taxpayer received during the taxable year	9233
from the military injury relief fund created in section 5101.98 of	9234
the Revised Code.	9235

(28) Deduct, to the extent not otherwise deducted or excluded	9236
in computing federal or Ohio adjusted gross income for the taxable	9237
year, the amount the taxpayer received as a veterans bonus during	9238
the taxable year from the Ohio department of veterans services as	9239
authorized by Section 2r of Article VIII, Ohio Constitution.	9240

(29) Deduct, to the extent not otherwise deducted or excluded	9241
in computing federal or Ohio adjusted gross income for the taxable	9242
year, any loss from wagering transactions that is allowed as an	9243
itemized deduction under section 165 of the Internal Revenue Code	9244
and that the taxpayer deducted in computing federal taxable	9245
income.	9246

(30) Deduct, to the extent not otherwise deducted or excluded	9247
in computing federal or Ohio adjusted gross income for the taxable	9248
year, any income ~~derived from providing public services under a~~	9249
~~contract through a project owned by the state, as described in~~	9250
~~section 126.604 of the Revised Code or~~ derived from a transfer	9251
agreement or from the enterprise transferred under that agreement	9252
under section 4313.02 of the Revised Code.	9253

(31) Deduct, to the extent not otherwise deducted or excluded	9254
in computing federal or Ohio adjusted gross income for the taxable	9255
year, Ohio college opportunity or federal Pell grant amounts	9256
received by the taxpayer or the taxpayer's spouse or dependent	9257
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	9258
1070a, et seq., and used to pay room or board furnished by the	9259
educational institution for which the grant was awarded at the	9260
institution's facilities, including meal plans administered by the	9261
institution. For the purposes of this division, receipt of a grant	9262
includes the distribution of a grant directly to an educational	9263
institution and the crediting of the grant to the enrollee's	9264
account with the institution.	9265

(B) "Business income" means income, including gain or loss,	9266
arising from transactions, activities, and sources in the regular	9267
course of a trade or business and includes income, gain, or loss	9268
from real property, tangible property, and intangible property if	9269
the acquisition, rental, management, and disposition of the	9270
property constitute integral parts of the regular course of a	9271
trade or business operation. "Business income" includes income,	9272
including gain or loss, from a partial or complete liquidation of	9273
a business, including, but not limited to, gain or loss from the	9274
sale or other disposition of goodwill.	9275

(C) "Nonbusiness income" means all income other than business	9276
income and may include, but is not limited to, compensation, rents	9277
and royalties from real or tangible personal property, capital	9278
gains, interest, dividends and distributions, patent or copyright	9279
royalties, or lottery winnings, prizes, and awards.	9280

(D) "Compensation" means any form of remuneration paid to an	9281
employee for personal services.	9282

(E) "Fiduciary" means a guardian, trustee, executor,	9283
administrator, receiver, conservator, or any other person acting	9284
in any fiduciary capacity for any individual, trust, or estate.	9285

(F) "Fiscal year" means an accounting period of twelve months	9286
ending on the last day of any month other than December.	9287

(G) "Individual" means any natural person.

9288

(H) "Internal Revenue Code" means the "Internal Revenue Code	9289
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	9290

(I) "Resident" means any of the following, provided that	9291
division (I)(3) of this section applies only to taxable years of a	9292
trust beginning in 2002 or thereafter:	9293

(1) An individual who is domiciled in this state, subject to	9294
section 5747.24 of the Revised Code;	9295

(2) The estate of a decedent who at the time of death was	9296
domiciled in this state. The domicile tests of section 5747.24 of	9297
the Revised Code are not controlling for purposes of division	9298
(I)(2) of this section.	9299

(3) A trust that, in whole or part, resides in this state. If	9300
only part of a trust resides in this state, the trust is a	9301
resident only with respect to that part.	9302

For the purposes of division (I)(3) of this section:

9303

(a) A trust resides in this state for the trust's current	9304
taxable year to the extent, as described in division (I)(3)(d) of	9305
this section, that the trust consists directly or indirectly, in	9306
whole or in part, of assets, net of any related liabilities, that	9307
were transferred, or caused to be transferred, directly or	9308
indirectly, to the trust by any of the following:	9309

(i) A person, a court, or a governmental entity or	9310
instrumentality on account of the death of a decedent, but only if	9311
the trust is described in division (I)(3)(e)(i) or (ii) of this	9312
section;	9313

(ii) A person who was domiciled in this state for the	9314
purposes of this chapter when the person directly or indirectly	9315
transferred assets to an irrevocable trust, but only if at least	9316
one of the trust's qualifying beneficiaries is domiciled in this	9317
state for the purposes of this chapter during all or some portion	9318
of the trust's current taxable year;	9319

(iii) A person who was domiciled in this state for the	9320
purposes of this chapter when the trust document or instrument or	9321
part of the trust document or instrument became irrevocable, but	9322
only if at least one of the trust's qualifying beneficiaries is a	9323
resident domiciled in this state for the purposes of this chapter	9324
during all or some portion of the trust's current taxable year. If	9325
a trust document or instrument became irrevocable upon the death	9326
of a person who at the time of death was domiciled in this state	9327
for purposes of this chapter, that person is a person described in	9328
division (I)(3)(a)(iii) of this section.	9329

(b) A trust is irrevocable to the extent that the transferor	9330
is not considered to be the owner of the net assets of the trust	9331
under sections 671 to 678 of the Internal Revenue Code.	9332

(c) With respect to a trust other than a charitable lead	9333
trust, "qualifying beneficiary" has the same meaning as "potential	9334
current beneficiary" as defined in section 1361(e)(2) of the	9335
Internal Revenue Code, and with respect to a charitable lead trust	9336
"qualifying beneficiary" is any current, future, or contingent	9337
beneficiary, but with respect to any trust "qualifying	9338
beneficiary" excludes a person or a governmental entity or	9339
instrumentality to any of which a contribution would qualify for	9340
the charitable deduction under section 170 of the Internal Revenue	9341
Code.	9342

(d) For the purposes of division (I)(3)(a) of this section,	9343
the extent to which a trust consists directly or indirectly, in	9344
whole or in part, of assets, net of any related liabilities, that	9345
were transferred directly or indirectly, in whole or part, to the	9346
trust by any of the sources enumerated in that division shall be	9347
ascertained by multiplying the fair market value of the trust's	9348
assets, net of related liabilities, by the qualifying ratio, which	9349
shall be computed as follows:	9350

(i) The first time the trust receives assets, the numerator	9351
of the qualifying ratio is the fair market value of those assets	9352
at that time, net of any related liabilities, from sources	9353
enumerated in division (I)(3)(a) of this section. The denominator	9354
of the qualifying ratio is the fair market value of all the	9355
trust's assets at that time, net of any related liabilities.	9356

(ii) Each subsequent time the trust receives assets, a	9357
revised qualifying ratio shall be computed. The numerator of the	9358
revised qualifying ratio is the sum of (1) the fair market value	9359
of the trust's assets immediately prior to the subsequent	9360
transfer, net of any related liabilities, multiplied by the	9361
qualifying ratio last computed without regard to the subsequent	9362
transfer, and (2) the fair market value of the subsequently	9363
transferred assets at the time transferred, net of any related	9364
liabilities, from sources enumerated in division (I)(3)(a) of this	9365
section. The denominator of the revised qualifying ratio is the	9366
fair market value of all the trust's assets immediately after the	9367
subsequent transfer, net of any related liabilities.	9368

(iii) Whether a transfer to the trust is by or from any of	9369
the sources enumerated in division (I)(3)(a) of this section shall	9370
be ascertained without regard to the domicile of the trust's	9371
beneficiaries.	9372

(e) For the purposes of division (I)(3)(a)(i) of this	9373
section:	9374

(i) A trust is described in division (I)(3)(e)(i) of this	9375
section if the trust is a testamentary trust and the testator of	9376
that testamentary trust was domiciled in this state at the time of	9377
the testator's death for purposes of the taxes levied under	9378
Chapter 5731. of the Revised Code.	9379

(ii) A trust is described in division (I)(3)(e)(ii) of this	9380
section if the transfer is a qualifying transfer described in any	9381
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	9382
irrevocable inter vivos trust, and at least one of the trust's	9383
qualifying beneficiaries is domiciled in this state for purposes	9384
of this chapter during all or some portion of the trust's current	9385
taxable year.	9386

(f) For the purposes of division (I)(3)(e)(ii) of this	9387
section, a "qualifying transfer" is a transfer of assets, net of	9388
any related liabilities, directly or indirectly to a trust, if the	9389
transfer is described in any of the following:	9390

(i) The transfer is made to a trust, created by the decedent	9391
before the decedent's death and while the decedent was domiciled	9392
in this state for the purposes of this chapter, and, prior to the	9393
death of the decedent, the trust became irrevocable while the	9394
decedent was domiciled in this state for the purposes of this	9395
chapter.	9396

(ii) The transfer is made to a trust to which the decedent,	9397
prior to the decedent's death, had directly or indirectly	9398
transferred assets, net of any related liabilities, while the	9399
decedent was domiciled in this state for the purposes of this	9400
chapter, and prior to the death of the decedent the trust became	9401
irrevocable while the decedent was domiciled in this state for the	9402
purposes of this chapter.	9403

(iii) The transfer is made on account of a contractual	9404
relationship existing directly or indirectly between the	9405
transferor and either the decedent or the estate of the decedent	9406
at any time prior to the date of the decedent's death, and the	9407
decedent was domiciled in this state at the time of death for	9408
purposes of the taxes levied under Chapter 5731. of the Revised	9409
Code.	9410

(iv) The transfer is made to a trust on account of a	9411
contractual relationship existing directly or indirectly between	9412
the transferor and another person who at the time of the	9413
decedent's death was domiciled in this state for purposes of this	9414
chapter.	9415

(v) The transfer is made to a trust on account of the will of	9416
a testator who was domiciled in this state at the time of the	9417
testator's death for purposes of the taxes levied under Chapter	9418
5731. of the Revised Code.	9419

(vi) The transfer is made to a trust created by or caused to	9420
be created by a court, and the trust was directly or indirectly	9421
created in connection with or as a result of the death of an	9422
individual who, for purposes of the taxes levied under Chapter	9423
5731. of the Revised Code, was domiciled in this state at the time	9424
of the individual's death.	9425

(g) The tax commissioner may adopt rules to ascertain the	9426
part of a trust residing in this state.	9427

(J) "Nonresident" means an individual or estate that is not a	9428
resident. An individual who is a resident for only part of a	9429
taxable year is a nonresident for the remainder of that taxable	9430
year.	9431

(K) "Pass-through entity" has the same meaning as in section	9432
5733.04 of the Revised Code.	9433

(L) "Return" means the notifications and reports required to	9434
be filed pursuant to this chapter for the purpose of reporting the	9435
tax due and includes declarations of estimated tax when so	9436
required.	9437

(M) "Taxable year" means the calendar year or the taxpayer's	9438
fiscal year ending during the calendar year, or fractional part	9439
thereof, upon which the adjusted gross income is calculated	9440
pursuant to this chapter.	9441

(N) "Taxpayer" means any person subject to the tax imposed by	9442
section 5747.02 of the Revised Code or any pass-through entity	9443
that makes the election under division (D) of section 5747.08 of	9444
the Revised Code.	9445

(O) "Dependents" means dependents as defined in the Internal	9446
Revenue Code and as claimed in the taxpayer's federal income tax	9447
return for the taxable year or which the taxpayer would have been	9448
permitted to claim had the taxpayer filed a federal income tax	9449
return.	9450

(P) "Principal county of employment" means, in the case of a	9451
nonresident, the county within the state in which a taxpayer	9452
performs services for an employer or, if those services are	9453
performed in more than one county, the county in which the major	9454
portion of the services are performed.	9455

(Q) As used in sections 5747.50 to 5747.55 of the Revised	9456
Code:	9457

(1) "Subdivision" means any county, municipal corporation,	9458
park district, or township.	9459

(2) "Essential local government purposes" includes all	9460
functions that any subdivision is required by general law to	9461
exercise, including like functions that are exercised under a	9462
charter adopted pursuant to the Ohio Constitution.	9463

(R) "Overpayment" means any amount already paid that exceeds	9464
the figure determined to be the correct amount of the tax.	9465

(S) "Taxable income" or "Ohio taxable income" applies only to	9466
estates and trusts, and means federal taxable income, as defined	9467
and used in the Internal Revenue Code, adjusted as follows:	9468

(1) Add interest or dividends, net of ordinary, necessary,	9469
and reasonable expenses not deducted in computing federal taxable	9470
income, on obligations or securities of any state or of any	9471
political subdivision or authority of any state, other than this	9472
state and its subdivisions and authorities, but only to the extent	9473
that such net amount is not otherwise includible in Ohio taxable	9474
income and is described in either division (S)(1)(a) or (b) of	9475
this section:	9476

(a) The net amount is not attributable to the S portion of an	9477
electing small business trust and has not been distributed to	9478
beneficiaries for the taxable year;	9479

(b) The net amount is attributable to the S portion of an	9480
electing small business trust for the taxable year.	9481

(2) Add interest or dividends, net of ordinary, necessary,	9482
and reasonable expenses not deducted in computing federal taxable	9483
income, on obligations of any authority, commission,	9484
instrumentality, territory, or possession of the United States to	9485
the extent that the interest or dividends are exempt from federal	9486
income taxes but not from state income taxes, but only to the	9487
extent that such net amount is not otherwise includible in Ohio	9488
taxable income and is described in either division (S)(1)(a) or	9489
(b) of this section;	9490

(3) Add the amount of personal exemption allowed to the	9491
estate pursuant to section 642(b) of the Internal Revenue Code;	9492

(4) Deduct interest or dividends, net of related expenses	9493
deducted in computing federal taxable income, on obligations of	9494
the United States and its territories and possessions or of any	9495
authority, commission, or instrumentality of the United States to	9496
the extent that the interest or dividends are exempt from state	9497
taxes under the laws of the United States, but only to the extent	9498
that such amount is included in federal taxable income and is	9499
described in either division (S)(1)(a) or (b) of this section;	9500

(5) Deduct the amount of wages and salaries, if any, not	9501
otherwise allowable as a deduction but that would have been	9502
allowable as a deduction in computing federal taxable income for	9503
the taxable year, had the targeted jobs credit allowed under	9504
sections 38, 51, and 52 of the Internal Revenue Code not been in	9505
effect, but only to the extent such amount relates either to	9506
income included in federal taxable income for the taxable year or	9507
to income of the S portion of an electing small business trust for	9508
the taxable year;	9509

(6) Deduct any interest or interest equivalent, net of	9510
related expenses deducted in computing federal taxable income, on	9511
public obligations and purchase obligations, but only to the	9512
extent that such net amount relates either to income included in	9513
federal taxable income for the taxable year or to income of the S	9514
portion of an electing small business trust for the taxable year;	9515

(7) Add any loss or deduct any gain resulting from sale,	9516
exchange, or other disposition of public obligations to the extent	9517
that such loss has been deducted or such gain has been included in	9518
computing either federal taxable income or income of the S portion	9519
of an electing small business trust for the taxable year;	9520

(8) Except in the case of the final return of an estate, add	9521
any amount deducted by the taxpayer on both its Ohio estate tax	9522
return pursuant to section 5731.14 of the Revised Code, and on its	9523
federal income tax return in determining federal taxable income;	9524

(9)(a) Deduct any amount included in federal taxable income	9525
solely because the amount represents a reimbursement or refund of	9526
expenses that in a previous year the decedent had deducted as an	9527
itemized deduction pursuant to section 63 of the Internal Revenue	9528
Code and applicable treasury regulations. The deduction otherwise	9529
allowed under division (S)(9)(a) of this section shall be reduced	9530
to the extent the reimbursement is attributable to an amount the	9531
taxpayer or decedent deducted under this section in any taxable	9532
year.	9533

(b) Add any amount not otherwise included in Ohio taxable	9534
income for any taxable year to the extent that the amount is	9535
attributable to the recovery during the taxable year of any amount	9536
deducted or excluded in computing federal or Ohio taxable income	9537
in any taxable year, but only to the extent such amount has not	9538
been distributed to beneficiaries for the taxable year.	9539

(10) Deduct any portion of the deduction described in section	9540
1341(a)(2) of the Internal Revenue Code, for repaying previously	9541
reported income received under a claim of right, that meets both	9542
of the following requirements:	9543

(a) It is allowable for repayment of an item that was	9544
included in the taxpayer's taxable income or the decedent's	9545
adjusted gross income for a prior taxable year and did not qualify	9546
for a credit under division (A) or (B) of section 5747.05 of the	9547
Revised Code for that year.	9548

(b) It does not otherwise reduce the taxpayer's taxable	9549
income or the decedent's adjusted gross income for the current or	9550
any other taxable year.	9551

(11) Add any amount claimed as a credit under section	9552
5747.059 or 5747.65 of the Revised Code to the extent that the	9553
amount satisfies either of the following:	9554

(a) The amount was deducted or excluded from the computation	9555
of the taxpayer's federal taxable income as required to be	9556
reported for the taxpayer's taxable year under the Internal	9557
Revenue Code;	9558

(b) The amount resulted in a reduction in the taxpayer's	9559
federal taxable income as required to be reported for any of the	9560
taxpayer's taxable years under the Internal Revenue Code.	9561

(12) Deduct any amount, net of related expenses deducted in	9562
computing federal taxable income, that a trust is required to	9563
report as farm income on its federal income tax return, but only	9564
if the assets of the trust include at least ten acres of land	9565
satisfying the definition of "land devoted exclusively to	9566
agricultural use" under section 5713.30 of the Revised Code,	9567
regardless of whether the land is valued for tax purposes as such	9568
land under sections 5713.30 to 5713.38 of the Revised Code. If the	9569
trust is a pass-through entity investor, section 5747.231 of the	9570
Revised Code applies in ascertaining if the trust is eligible to	9571
claim the deduction provided by division (S)(12) of this section	9572
in connection with the pass-through entity's farm income.	9573

Except for farm income attributable to the S portion of an	9574
electing small business trust, the deduction provided by division	9575
(S)(12) of this section is allowed only to the extent that the	9576
trust has not distributed such farm income. Division (S)(12) of	9577
this section applies only to taxable years of a trust beginning in	9578
2002 or thereafter.	9579

(13) Add the net amount of income described in section 641(c)	9580
of the Internal Revenue Code to the extent that amount is not	9581
included in federal taxable income.	9582

(14) Add or deduct the amount the taxpayer would be required	9583
to add or deduct under division (A)(20) or (21) of this section if	9584
the taxpayer's Ohio taxable income were computed in the same	9585
manner as an individual's Ohio adjusted gross income is computed	9586
under this section. In the case of a trust, division (S)(14) of	9587
this section applies only to any of the trust's taxable years	9588
beginning in 2002 or thereafter.	9589

(T) "School district income" and "school district income tax"	9590
have the same meanings as in section 5748.01 of the Revised Code.	9591

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	9592
of this section, "public obligations," "purchase obligations," and	9593
"interest or interest equivalent" have the same meanings as in	9594
section 5709.76 of the Revised Code.	9595

(V) "Limited liability company" means any limited liability	9596
company formed under Chapter 1705. of the Revised Code or under	9597
the laws of any other state.	9598

(W) "Pass-through entity investor" means any person who,	9599
during any portion of a taxable year of a pass-through entity, is	9600
a partner, member, shareholder, or equity investor in that	9601
pass-through entity.	9602

(X) "Banking day" has the same meaning as in section 1304.01	9603
of the Revised Code.	9604

(Y) "Month" means a calendar month.

9605

(Z) "Quarter" means the first three months, the second three	9606
months, the third three months, or the last three months of the	9607
taxpayer's taxable year.	9608

(AA)(1) "Eligible institution" means a state university or	9609
state institution of higher education as defined in section	9610
3345.011 of the Revised Code, or a private, nonprofit college,	9611
university, or other post-secondary institution located in this	9612
state that possesses a certificate of authorization issued by the	9613
Ohio board of regents pursuant to Chapter 1713. of the Revised	9614
Code or a certificate of registration issued by the state board of	9615
career colleges and schools under Chapter 3332. of the Revised	9616
Code.	9617

(2) "Qualified tuition and fees" means tuition and fees	9618
imposed by an eligible institution as a condition of enrollment or	9619
attendance, not exceeding two thousand five hundred dollars in	9620
each of the individual's first two years of post-secondary	9621
education. If the individual is a part-time student, "qualified	9622
tuition and fees" includes tuition and fees paid for the academic	9623
equivalent of the first two years of post-secondary education	9624
during a maximum of five taxable years, not exceeding a total of	9625
five thousand dollars. "Qualified tuition and fees" does not	9626
include:	9627

(a) Expenses for any course or activity involving sports,	9628
games, or hobbies unless the course or activity is part of the	9629
individual's degree or diploma program;	9630

(b) The cost of books, room and board, student activity fees,	9631
athletic fees, insurance expenses, or other expenses unrelated to	9632
the individual's academic course of instruction;	9633

(c) Tuition, fees, or other expenses paid or reimbursed	9634
through an employer, scholarship, grant in aid, or other	9635
educational benefit program.	9636

(BB)(1) "Modified business income" means the business income	9637
included in a trust's Ohio taxable income after such taxable	9638
income is first reduced by the qualifying trust amount, if any.	9639

(2) "Qualifying trust amount" of a trust means capital gains	9640
and losses from the sale, exchange, or other disposition of equity	9641
or ownership interests in, or debt obligations of, a qualifying	9642
investee to the extent included in the trust's Ohio taxable	9643
income, but only if the following requirements are satisfied:	9644

(a) The book value of the qualifying investee's physical	9645
assets in this state and everywhere, as of the last day of the	9646
qualifying investee's fiscal or calendar year ending immediately	9647
prior to the date on which the trust recognizes the gain or loss,	9648
is available to the trust.	9649

(b) The requirements of section 5747.011 of the Revised Code	9650
are satisfied for the trust's taxable year in which the trust	9651
recognizes the gain or loss.	9652

Any gain or loss that is not a qualifying trust amount is	9653
modified business income, qualifying investment income, or	9654
modified nonbusiness income, as the case may be.	9655

(3) "Modified nonbusiness income" means a trust's Ohio	9656
taxable income other than modified business income, other than the	9657
qualifying trust amount, and other than qualifying investment	9658
income, as defined in section 5747.012 of the Revised Code, to the	9659
extent such qualifying investment income is not otherwise part of	9660
modified business income.	9661

(4) "Modified Ohio taxable income" applies only to trusts,	9662
and means the sum of the amounts described in divisions (BB)(4)(a)	9663
to (c) of this section:	9664

(a) The fraction, calculated under section 5747.013, and	9665
applying section 5747.231 of the Revised Code, multiplied by the	9666
sum of the following amounts:	9667

(i) The trust's modified business income;

9668

(ii) The trust's qualifying investment income, as defined in	9669
section 5747.012 of the Revised Code, but only to the extent the	9670
qualifying investment income does not otherwise constitute	9671
modified business income and does not otherwise constitute a	9672
qualifying trust amount.	9673

(b) The qualifying trust amount multiplied by a fraction, the	9674
numerator of which is the sum of the book value of the qualifying	9675
investee's physical assets in this state on the last day of the	9676
qualifying investee's fiscal or calendar year ending immediately	9677
prior to the day on which the trust recognizes the qualifying	9678
trust amount, and the denominator of which is the sum of the book	9679
value of the qualifying investee's total physical assets	9680
everywhere on the last day of the qualifying investee's fiscal or	9681
calendar year ending immediately prior to the day on which the	9682
trust recognizes the qualifying trust amount. If, for a taxable	9683
year, the trust recognizes a qualifying trust amount with respect	9684
to more than one qualifying investee, the amount described in	9685
division (BB)(4)(b) of this section shall equal the sum of the	9686
products so computed for each such qualifying investee.	9687

(c)(i) With respect to a trust or portion of a trust that is	9688
a resident as ascertained in accordance with division (I)(3)(d) of	9689
this section, its modified nonbusiness income.	9690

(ii) With respect to a trust or portion of a trust that is	9691
not a resident as ascertained in accordance with division	9692
(I)(3)(d) of this section, the amount of its modified nonbusiness	9693
income satisfying the descriptions in divisions (B)(2) to (5) of	9694
section 5747.20 of the Revised Code, except as otherwise provided	9695
in division (BB)(4)(c)(ii) of this section. With respect to a	9696
trust or portion of a trust that is not a resident as ascertained	9697
in accordance with division (I)(3)(d) of this section, the trust's	9698
portion of modified nonbusiness income recognized from the sale,	9699
exchange, or other disposition of a debt interest in or equity	9700
interest in a section 5747.212 entity, as defined in section	9701
5747.212 of the Revised Code, without regard to division (A) of	9702
that section, shall not be allocated to this state in accordance	9703
with section 5747.20 of the Revised Code but shall be apportioned	9704
to this state in accordance with division (B) of section 5747.212	9705
of the Revised Code without regard to division (A) of that	9706
section.	9707

If the allocation and apportionment of a trust's income under	9708
divisions (BB)(4)(a) and (c) of this section do not fairly	9709
represent the modified Ohio taxable income of the trust in this	9710
state, the alternative methods described in division (C) of	9711
section 5747.21 of the Revised Code may be applied in the manner	9712
and to the same extent provided in that section.	9713

(5)(a) Except as set forth in division (BB)(5)(b) of this	9714
section, "qualifying investee" means a person in which a trust has	9715
an equity or ownership interest, or a person or unit of government	9716
the debt obligations of either of which are owned by a trust. For	9717
the purposes of division (BB)(2)(a) of this section and for the	9718
purpose of computing the fraction described in division (BB)(4)(b)	9719
of this section, all of the following apply:	9720

(i) If the qualifying investee is a member of a qualifying	9721
controlled group on the last day of the qualifying investee's	9722
fiscal or calendar year ending immediately prior to the date on	9723
which the trust recognizes the gain or loss, then "qualifying	9724
investee" includes all persons in the qualifying controlled group	9725
on such last day.	9726

(ii) If the qualifying investee, or if the qualifying	9727
investee and any members of the qualifying controlled group of	9728
which the qualifying investee is a member on the last day of the	9729
qualifying investee's fiscal or calendar year ending immediately	9730
prior to the date on which the trust recognizes the gain or loss,	9731
separately or cumulatively own, directly or indirectly, on the	9732
last day of the qualifying investee's fiscal or calendar year	9733
ending immediately prior to the date on which the trust recognizes	9734
the qualifying trust amount, more than fifty per cent of the	9735
equity of a pass-through entity, then the qualifying investee and	9736
the other members are deemed to own the proportionate share of the	9737
pass-through entity's physical assets which the pass-through	9738
entity directly or indirectly owns on the last day of the	9739
pass-through entity's calendar or fiscal year ending within or	9740
with the last day of the qualifying investee's fiscal or calendar	9741
year ending immediately prior to the date on which the trust	9742
recognizes the qualifying trust amount.	9743

(iii) For the purposes of division (BB)(5)(a)(iii) of this	9744
section, "upper level pass-through entity" means a pass-through	9745
entity directly or indirectly owning any equity of another	9746
pass-through entity, and "lower level pass-through entity" means	9747
that other pass-through entity.	9748

An upper level pass-through entity, whether or not it is also	9749
a qualifying investee, is deemed to own, on the last day of the	9750
upper level pass-through entity's calendar or fiscal year, the	9751
proportionate share of the lower level pass-through entity's	9752
physical assets that the lower level pass-through entity directly	9753
or indirectly owns on the last day of the lower level pass-through	9754
entity's calendar or fiscal year ending within or with the last	9755
day of the upper level pass-through entity's fiscal or calendar	9756
year. If the upper level pass-through entity directly and	9757
indirectly owns less than fifty per cent of the equity of the	9758
lower level pass-through entity on each day of the upper level	9759
pass-through entity's calendar or fiscal year in which or with	9760
which ends the calendar or fiscal year of the lower level	9761
pass-through entity and if, based upon clear and convincing	9762
evidence, complete information about the location and cost of the	9763
physical assets of the lower pass-through entity is not available	9764
to the upper level pass-through entity, then solely for purposes	9765
of ascertaining if a gain or loss constitutes a qualifying trust	9766
amount, the upper level pass-through entity shall be deemed as	9767
owning no equity of the lower level pass-through entity for each	9768
day during the upper level pass-through entity's calendar or	9769
fiscal year in which or with which ends the lower level	9770
pass-through entity's calendar or fiscal year. Nothing in division	9771
(BB)(5)(a)(iii) of this section shall be construed to provide for	9772
any deduction or exclusion in computing any trust's Ohio taxable	9773
income.	9774

(b) With respect to a trust that is not a resident for the	9775
taxable year and with respect to a part of a trust that is not a	9776
resident for the taxable year, "qualifying investee" for that	9777
taxable year does not include a C corporation if both of the	9778
following apply:	9779

(i) During the taxable year the trust or part of the trust	9780
recognizes a gain or loss from the sale, exchange, or other	9781
disposition of equity or ownership interests in, or debt	9782
obligations of, the C corporation.	9783

(ii) Such gain or loss constitutes nonbusiness income.

9784

(6) "Available" means information is such that a person is	9785
able to learn of the information by the due date plus extensions,	9786
if any, for filing the return for the taxable year in which the	9787
trust recognizes the gain or loss.	9788

(CC) "Qualifying controlled group" has the same meaning as in	9789
section 5733.04 of the Revised Code.	9790

(DD) "Related member" has the same meaning as in section	9791
5733.042 of the Revised Code.	9792

(EE)(1) For the purposes of division (EE) of this section:

9793

(a) "Qualifying person" means any person other than a	9794
qualifying corporation.	9795

(b) "Qualifying corporation" means any person classified for	9796
federal income tax purposes as an association taxable as a	9797
corporation, except either of the following:	9798

(i) A corporation that has made an election under subchapter	9799
S, chapter one, subtitle A, of the Internal Revenue Code for its	9800
taxable year ending within, or on the last day of, the investor's	9801
taxable year;	9802

(ii) A subsidiary that is wholly owned by any corporation	9803
that has made an election under subchapter S, chapter one,	9804
subtitle A of the Internal Revenue Code for its taxable year	9805
ending within, or on the last day of, the investor's taxable year.	9806

(2) For the purposes of this chapter, unless expressly stated	9807
otherwise, no qualifying person indirectly owns any asset directly	9808
or indirectly owned by any qualifying corporation.	9809

(FF) For purposes of this chapter and Chapter 5751. of the	9810
Revised Code:	9811

(1) "Trust" does not include a qualified pre-income tax	9812
trust.	9813

(2) A "qualified pre-income tax trust" is any pre-income tax	9814
trust that makes a qualifying pre-income tax trust election as	9815
described in division (FF)(3) of this section.	9816

(3) A "qualifying pre-income tax trust election" is an	9817
election by a pre-income tax trust to subject to the tax imposed	9818
by section 5751.02 of the Revised Code the pre-income tax trust	9819
and all pass-through entities of which the trust owns or controls,	9820
directly, indirectly, or constructively through related interests,	9821
five per cent or more of the ownership or equity interests. The	9822
trustee shall notify the tax commissioner in writing of the	9823
election on or before April 15, 2006. The election, if timely	9824
made, shall be effective on and after January 1, 2006, and shall	9825
apply for all tax periods and tax years until revoked by the	9826
trustee of the trust.	9827

(4) A "pre-income tax trust" is a trust that satisfies all of	9828
the following requirements:	9829

(a) The document or instrument creating the trust was	9830
executed by the grantor before January 1, 1972;	9831

(b) The trust became irrevocable upon the creation of the	9832
trust; and	9833

(c) The grantor was domiciled in this state at the time the	9834
trust was created.	9835

Sec. 5751.01. As used in this chapter:

9836

(A) "Person" means, but is not limited to, individuals,	9837
combinations of individuals of any form, receivers, assignees,	9838
trustees in bankruptcy, firms, companies, joint-stock companies,	9839
business trusts, estates, partnerships, limited liability	9840
partnerships, limited liability companies, associations, joint	9841
ventures, clubs, societies, for-profit corporations, S	9842
corporations, qualified subchapter S subsidiaries, qualified	9843
subchapter S trusts, trusts, entities that are disregarded for	9844
federal income tax purposes, and any other entities.	9845

(B) "Consolidated elected taxpayer" means a group of two or	9846
more persons treated as a single taxpayer for purposes of this	9847
chapter as the result of an election made under section 5751.011	9848
of the Revised Code.	9849

(C) "Combined taxpayer" means a group of two or more persons	9850
treated as a single taxpayer for purposes of this chapter under	9851
section 5751.012 of the Revised Code.	9852

(D) "Taxpayer" means any person, or any group of persons in	9853
the case of a consolidated elected taxpayer or combined taxpayer	9854
treated as one taxpayer, required to register or pay tax under	9855
this chapter. "Taxpayer" does not include excluded persons.	9856

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

9857

(1) Any person with not more than one hundred fifty thousand	9858
dollars of taxable gross receipts during the calendar year.	9859
Division (E)(1) of this section does not apply to a person that is	9860
a member of a consolidated elected taxpayer;	9861

(2) A public utility that paid the excise tax imposed by	9862
section 5727.24 or 5727.30 of the Revised Code based on one or	9863
more measurement periods that include the entire tax period under	9864
this chapter, except that a public utility that is a combined	9865
company is a taxpayer with regard to the following gross receipts:	9866

(a) Taxable gross receipts directly attributed to a public	9867
utility activity, but not directly attributed to an activity that	9868
is subject to the excise tax imposed by section 5727.24 or 5727.30	9869
of the Revised Code;	9870

(b) Taxable gross receipts that cannot be directly attributed	9871
to any activity, multiplied by a fraction whose numerator is the	9872
taxable gross receipts described in division (E)(2)(a) of this	9873
section and whose denominator is the total taxable gross receipts	9874
that can be directly attributed to any activity;	9875

(c) Except for any differences resulting from the use of an	9876
accrual basis method of accounting for purposes of determining	9877
gross receipts under this chapter and the use of the cash basis	9878
method of accounting for purposes of determining gross receipts	9879
under section 5727.24 of the Revised Code, the gross receipts	9880
directly attributed to the activity of a natural gas company shall	9881
be determined in a manner consistent with division (D) of section	9882
5727.03 of the Revised Code.	9883

As used in division (E)(2) of this section, "combined	9884
company" and "public utility" have the same meanings as in section	9885
5727.01 of the Revised Code.	9886

(3) A financial institution, as defined in section 5726.01 of	9887
the Revised Code, that paid the tax imposed by section 5726.02 of	9888
the Revised Code based on one or more taxable years that include	9889
the entire tax period under this chapter;	9890

(4) A person directly or indirectly owned by one or more	9891
financial institutions, as defined in section 5726.01 of the	9892
Revised Code, that paid the tax imposed by section 5726.02 of the	9893
Revised Code based on one or more taxable years that include the	9894
entire tax period under this chapter.	9895

For the purposes of division (E)(4) of this section, a person	9896
owns another person under the following circumstances:	9897

(a) In the case of corporations issuing capital stock, one	9898
corporation owns another corporation if it owns fifty per cent or	9899
more of the other corporation's capital stock with current voting	9900
rights;	9901

(b) In the case of a limited liability company, one person	9902
owns the company if that person's membership interest, as defined	9903
in section 1705.01 of the Revised Code, is fifty per cent or more	9904
of the combined membership interests of all persons owning such	9905
interests in the company;	9906

(c) In the case of a partnership, trust, or other	9907
unincorporated business organization other than a limited	9908
liability company, one person owns the organization if, under the	9909
articles of organization or other instrument governing the affairs	9910
of the organization, that person has a beneficial interest in the	9911
organization's profits, surpluses, losses, or distributions of	9912
fifty per cent or more of the combined beneficial interests of all	9913
persons having such an interest in the organization.	9914

(5) A domestic insurance company or foreign insurance	9915
company, as defined in section 5725.01 of the Revised Code, that	9916
paid the insurance company premiums tax imposed by section 5725.18	9917
or Chapter 5729. of the Revised Code, or an unauthorized insurance	9918
company whose gross premiums are subject to tax under section	9919
3905.36 of the Revised Code based on one or more measurement	9920
periods that include the entire tax period under this chapter;	9921

(6) A person that solely facilitates or services one or more	9922
securitizations of phase-in-recovery property pursuant to a final	9923
financing order as those terms are defined in section 4928.23 of	9924
the Revised Code. For purposes of this division, "securitization"	9925
means transferring one or more assets to one or more persons and	9926
then issuing securities backed by the right to receive payment	9927
from the asset or assets so transferred.	9928

(7) Except as otherwise provided in this division, a	9929
pre-income tax trust as defined in division (FF)(4) of section	9930
5747.01 of the Revised Code and any pass-through entity of which	9931
such pre-income tax trust owns or controls, directly, indirectly,	9932
or constructively through related interests, more than five per	9933
cent of the ownership or equity interests. If the pre-income tax	9934
trust has made a qualifying pre-income tax trust election under	9935
division (FF)(3) of section 5747.01 of the Revised Code, then the	9936
trust and the pass-through entities of which it owns or controls,	9937
directly, indirectly, or constructively through related interests,	9938
more than five per cent of the ownership or equity interests,	9939
shall not be excluded persons for purposes of the tax imposed	9940
under section 5751.02 of the Revised Code.	9941

(8) Nonprofit organizations or the state and its agencies,	9942
instrumentalities, or political subdivisions.	9943

(F) Except as otherwise provided in divisions (F)(2), (3),	9944
and (4) of this section, "gross receipts" means the total amount	9945
realized by a person, without deduction for the cost of goods sold	9946
or other expenses incurred, that contributes to the production of	9947
gross income of the person, including the fair market value of any	9948
property and any services received, and any debt transferred or	9949
forgiven as consideration.	9950

(1) The following are examples of gross receipts:

9951

(a) Amounts realized from the sale, exchange, or other	9952
disposition of the taxpayer's property to or with another;	9953

(b) Amounts realized from the taxpayer's performance of	9954
services for another;	9955

(c) Amounts realized from another's use or possession of the	9956
taxpayer's property or capital;	9957

(d) Any combination of the foregoing amounts.

9958

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

9959

(a) Interest income except interest on credit sales;

9960

(b) Dividends and distributions from corporations, and	9961
distributive or proportionate shares of receipts and income from a	9962
pass-through entity as defined under section 5733.04 of the	9963
Revised Code;	9964

(c) Receipts from the sale, exchange, or other disposition of	9965
an asset described in section 1221 or 1231 of the Internal Revenue	9966
Code, without regard to the length of time the person held the	9967
asset. Notwithstanding section 1221 of the Internal Revenue Code,	9968
receipts from hedging transactions also are excluded to the extent	9969
the transactions are entered into primarily to protect a financial	9970
position, such as managing the risk of exposure to (i) foreign	9971
currency fluctuations that affect assets, liabilities, profits,	9972
losses, equity, or investments in foreign operations; (ii)	9973
interest rate fluctuations; or (iii) commodity price fluctuations.	9974
As used in division (F)(2)(c) of this section, "hedging	9975
transaction" has the same meaning as used in section 1221 of the	9976
Internal Revenue Code and also includes transactions accorded	9977
hedge accounting treatment under statement of financial accounting	9978
standards number 133 of the financial accounting standards board.	9979
For the purposes of division (F)(2)(c) of this section, the actual	9980
transfer of title of real or tangible personal property to another	9981
entity is not a hedging transaction.	9982

(d) Proceeds received attributable to the repayment,	9983
maturity, or redemption of the principal of a loan, bond, mutual	9984
fund, certificate of deposit, or marketable instrument;	9985

(e) The principal amount received under a repurchase	9986
agreement or on account of any transaction properly characterized	9987
as a loan to the person;	9988

(f) Contributions received by a trust, plan, or other	9989
arrangement, any of which is described in section 501(a) of the	9990
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	9991
1, Subchapter (D) of the Internal Revenue Code applies;	9992

(g) Compensation, whether current or deferred, and whether in	9993
cash or in kind, received or to be received by an employee, former	9994
employee, or the employee's legal successor for services rendered	9995
to or for an employer, including reimbursements received by or for	9996
an individual for medical or education expenses, health insurance	9997
premiums, or employee expenses, or on account of a dependent care	9998
spending account, legal services plan, any cafeteria plan	9999
described in section 125 of the Internal Revenue Code, or any	10000
similar employee reimbursement;	10001

(h) Proceeds received from the issuance of the taxpayer's own	10002
stock, options, warrants, puts, or calls, or from the sale of the	10003
taxpayer's treasury stock;	10004

(i) Proceeds received on the account of payments from	10005
insurance policies, except those proceeds received for the loss of	10006
business revenue;	10007

(j) Gifts or charitable contributions received; membership	10008
dues received by trade, professional, homeowners', or condominium	10009
associations; and payments received for educational courses,	10010
meetings, meals, or similar payments to a trade, professional, or	10011
other similar association; and fundraising receipts received by	10012
any person when any excess receipts are donated or used	10013
exclusively for charitable purposes;	10014

(k) Damages received as the result of litigation in excess of	10015
amounts that, if received without litigation, would be gross	10016
receipts;	10017

(l) Property, money, and other amounts received or acquired	10018
by an agent on behalf of another in excess of the agent's	10019
commission, fee, or other remuneration;	10020

(m) Tax refunds, other tax benefit recoveries, and	10021
reimbursements for the tax imposed under this chapter made by	10022
entities that are part of the same combined taxpayer or	10023
consolidated elected taxpayer group, and reimbursements made by	10024
entities that are not members of a combined taxpayer or	10025
consolidated elected taxpayer group that are required to be made	10026
for economic parity among multiple owners of an entity whose tax	10027
obligation under this chapter is required to be reported and paid	10028
entirely by one owner, pursuant to the requirements of sections	10029
5751.011 and 5751.012 of the Revised Code;	10030

(n) Pension reversions;

10031

(o) Contributions to capital;

10032

(p) Sales or use taxes collected as a vendor or an	10033
out-of-state seller on behalf of the taxing jurisdiction from a	10034
consumer or other taxes the taxpayer is required by law to collect	10035
directly from a purchaser and remit to a local, state, or federal	10036
tax authority;	10037

(q) In the case of receipts from the sale of cigarettes or	10038
tobacco products by a wholesale dealer, retail dealer,	10039
distributor, manufacturer, or seller, all as defined in section	10040
5743.01 of the Revised Code, an amount equal to the federal and	10041
state excise taxes paid by any person on or for such cigarettes or	10042
tobacco products under subtitle E of the Internal Revenue Code or	10043
Chapter 5743. of the Revised Code;	10044

(r) In the case of receipts from the sale of motor fuel by a	10045
licensed motor fuel dealer, licensed retail dealer, or licensed	10046
permissive motor fuel dealer, all as defined in section 5735.01 of	10047
the Revised Code, an amount equal to federal and state excise	10048
taxes paid by any person on such motor fuel under section 4081 of	10049
the Internal Revenue Code or Chapter 5735. of the Revised Code;	10050

(s) In the case of receipts from the sale of beer or	10051
intoxicating liquor, as defined in section 4301.01 of the Revised	10052
Code, by a person holding a permit issued under Chapter 4301. or	10053
4303. of the Revised Code, an amount equal to federal and state	10054
excise taxes paid by any person on or for such beer or	10055
intoxicating liquor under subtitle E of the Internal Revenue Code	10056
or Chapter 4301. or 4305. of the Revised Code;	10057

(t) Receipts realized by a new motor vehicle dealer or used	10058
motor vehicle dealer, as defined in section 4517.01 of the Revised	10059
Code, from the sale or other transfer of a motor vehicle, as	10060
defined in that section, to another motor vehicle dealer for the	10061
purpose of resale by the transferee motor vehicle dealer, but only	10062
if the sale or other transfer was based upon the transferee's need	10063
to meet a specific customer's preference for a motor vehicle;	10064

(u) Receipts from a financial institution described in	10065
division (E)(3) of this section for services provided to the	10066
financial institution in connection with the issuance, processing,	10067
servicing, and management of loans or credit accounts, if such	10068
financial institution and the recipient of such receipts have at	10069
least fifty per cent of their ownership interests owned or	10070
controlled, directly or constructively through related interests,	10071
by common owners;	10072

(v) Receipts realized from administering anti-neoplastic	10073
drugs and other cancer chemotherapy, biologicals, therapeutic	10074
agents, and supportive drugs in a physician's office to patients	10075
with cancer;	10076

(w) Funds received or used by a mortgage broker that is not a	10077
dealer in intangibles, other than fees or other consideration,	10078
pursuant to a table-funding mortgage loan or warehouse-lending	10079
mortgage loan. Terms used in division (F)(2)(w) of this section	10080
have the same meanings as in section 1322.01 of the Revised Code,	10081
except "mortgage broker" means a person assisting a buyer in	10082
obtaining a mortgage loan for a fee or other consideration paid by	10083
the buyer or a lender, or a person engaged in table-funding or	10084
warehouse-lending mortgage loans that are first lien mortgage	10085
loans.	10086

(x) Property, money, and other amounts received by a	10087
professional employer organization, as defined in section 4125.01	10088
of the Revised Code, from a client employer, as defined in that	10089
section, in excess of the administrative fee charged by the	10090
professional employer organization to the client employer;	10091

(y) In the case of amounts retained as commissions by a	10092
permit holder under Chapter 3769. of the Revised Code, an amount	10093
equal to the amounts specified under that chapter that must be	10094
paid to or collected by the tax commissioner as a tax and the	10095
amounts specified under that chapter to be used as purse money;	10096

(z) Qualifying distribution center receipts.

10097

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

10098

(I) "Qualifying distribution center receipts" means receipts	10099
of a supplier from qualified property that is delivered to a	10100
qualified distribution center, multiplied by a quantity that	10101
equals one minus the Ohio delivery percentage. If the qualified	10102
distribution center is a refining facility, "supplier" includes	10103
all dealers, brokers, processors, sellers, vendors, cosigners, and	10104
distributors of qualified property.	10105

(II) "Qualified property" means tangible personal property	10106
delivered to a qualified distribution center that is shipped to	10107
that qualified distribution center solely for further shipping by	10108
the qualified distribution center to another location in this	10109
state or elsewhere or, in the case of gold, silver, platinum, or	10110
palladium delivered to a refining facility solely for refining to	10111
a grade and fineness acceptable for delivery to a registered	10112
commodities exchange. "Further shipping" includes storing and	10113
repackaging property into smaller or larger bundles, so long as	10114
the property is not subject to further manufacturing or	10115
processing. "Refining" is limited to extracting impurities from	10116
gold, silver, platinum, or palladium through smelting or some	10117
other process at a refining facility.	10118

(III) "Qualified distribution center" means a warehouse, a	10119
facility similar to a warehouse, or a refining facility in this	10120
state that, for the qualifying year, is operated by a person that	10121
is not part of a combined taxpayer group and that has a qualifying	10122
certificate. All warehouses or facilities similar to warehouses	10123
that are operated by persons in the same taxpayer group and that	10124
are located within one mile of each other shall be treated as one	10125
qualified distribution center. All refining facilities that are	10126
operated by persons in the same taxpayer group and that are	10127
located in the same or adjacent counties may be treated as one	10128
qualified distribution center.	10129

(IV) "Qualifying year" means the calendar year to which the	10130
qualifying certificate applies.	10131

(V) "Qualifying period" means the period of the first day of	10132
July of the second year preceding the qualifying year through the	10133
thirtieth day of June of the year preceding the qualifying year.	10134

(VI) "Qualifying certificate" means the certificate issued by	10135
the tax commissioner after the operator of a distribution center	10136
files an annual application with the commissioner. The application	10137
and annual fee shall be filed and paid for each qualified	10138
distribution center on or before the first day of September before	10139
the qualifying year or within forty-five days after the	10140
distribution center opens, whichever is later.	10141

The applicant must substantiate to the commissioner's	10142
satisfaction that, for the qualifying period, all persons	10143
operating the distribution center have more than fifty per cent of	10144
the cost of the qualified property shipped to a location such that	10145
it would be sitused outside this state under the provisions of	10146
division (E) of section 5751.033 of the Revised Code. The	10147
applicant must also substantiate that the distribution center	10148
cumulatively had costs from its suppliers equal to or exceeding	10149
five hundred million dollars during the qualifying period. (For	10150
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	10151
excludes any person that is part of the consolidated elected	10152
taxpayer group, if applicable, of the operator of the qualified	10153
distribution center.) The commissioner may require the applicant	10154
to have an independent certified public accountant certify that	10155
the calculation of the minimum thresholds required for a qualified	10156
distribution center by the operator of a distribution center has	10157
been made in accordance with generally accepted accounting	10158
principles. The commissioner shall issue or deny the issuance of a	10159
certificate within sixty days after the receipt of the	10160
application. A denial is subject to appeal under section 5717.02	10161
of the Revised Code. If the operator files a timely appeal under	10162
section 5717.02 of the Revised Code, the operator shall be granted	10163
a qualifying certificate, provided that the operator is liable for	10164
any tax, interest, or penalty upon amounts claimed as qualifying	10165
distribution center receipts, other than those receipts exempt	10166
under division (C)(1) of section 5751.011 of the Revised Code,	10167
that would have otherwise not been owed by its suppliers if the	10168
qualifying certificate was valid.	10169

(VII) "Ohio delivery percentage" means the proportion of the	10170
total property delivered to a destination inside Ohio from the	10171
qualified distribution center during the qualifying period	10172
compared with total deliveries from such distribution center	10173
everywhere during the qualifying period.	10174

(VIII) "Refining facility" means one or more buildings	10175
located in a county in the Appalachian region of this state as	10176
defined by section 107.21 of the Revised Code and utilized for	10177
refining or smelting gold, silver, platinum, or palladium to a	10178
grade and fineness acceptable for delivery to a registered	10179
commodities exchange.	10180

(IX) "Registered commodities exchange" means a board of	10181
trade, such as New York mercantile exchange, inc. or commodity	10182
exchange, inc., designated as a contract market by the commodity	10183
futures trading commission under the "Commodity Exchange Act," 7	10184
U.S.C. 1 et seq., as amended.	10185

(ii) If the distribution center is new and was not open for	10186
the entire qualifying period, the operator of the distribution	10187
center may request that the commissioner grant a qualifying	10188
certificate. If the certificate is granted and it is later	10189
determined that more than fifty per cent of the qualified property	10190
during that year was not shipped to a location such that it would	10191
be sitused outside of this state under the provisions of division	10192
(E) of section 5751.033 of the Revised Code or if it is later	10193
determined that the person that operates the distribution center	10194
had average monthly costs from its suppliers of less than forty	10195
million dollars during that year, then the operator of the	10196
distribution center shall be liable for any tax, interest, or	10197
penalty upon amounts claimed as qualifying distribution center	10198
receipts, other than those receipts exempt under division (C)(1)	10199
of section 5751.011 of the Revised Code, that would have not	10200
otherwise been owed by its suppliers during the qualifying year if	10201
the qualifying certificate was valid. (For purposes of division	10202
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	10203
is part of the consolidated elected taxpayer group, if applicable,	10204
of the operator of the qualified distribution center.)	10205

(iii) When filing an application for a qualifying certificate	10206
under division (F)(2)(z)(i)(VI) of this section, the operator of a	10207
qualified distribution center also shall provide documentation, as	10208
the commissioner requires, for the commissioner to ascertain the	10209
Ohio delivery percentage. The commissioner, upon issuing the	10210
qualifying certificate, also shall certify the Ohio delivery	10211
percentage. The operator of the qualified distribution center may	10212
appeal the commissioner's certification of the Ohio delivery	10213
percentage in the same manner as an appeal is taken from the	10214
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	10215
of this section.	10216

Within thirty days after all appeals have been exhausted, the	10217
operator of the qualified distribution center shall notify the	10218
affected suppliers of qualified property that such suppliers are	10219
required to file, within sixty days after receiving notice from	10220
the operator of the qualified distribution center, amended reports	10221
for the impacted calendar quarter or quarters or calendar year,	10222
whichever the case may be. Any additional tax liability or tax	10223
overpayment shall be subject to interest but shall not be subject	10224
to the imposition of any penalty so long as the amended returns	10225
are timely filed. The supplier of tangible personal property	10226
delivered to the qualified distribution center shall include in	10227
its report of taxable gross receipts the receipts from the total	10228
sales of property delivered to the qualified distribution center	10229
for the calendar quarter or calendar year, whichever the case may	10230
be, multiplied by the Ohio delivery percentage for the qualifying	10231
year. Nothing in division (F)(2)(z)(iii) of this section shall be	10232
construed as imposing liability on the operator of a qualified	10233
distribution center for the tax imposed by this chapter arising	10234
from any change to the Ohio delivery percentage.	10235

(iv) In the case where the distribution center is new and not	10236
open for the entire qualifying period, the operator shall make a	10237
good faith estimate of an Ohio delivery percentage for use by	10238
suppliers in their reports of taxable gross receipts for the	10239
remainder of the qualifying period. The operator of the facility	10240
shall disclose to the suppliers that such Ohio delivery percentage	10241
is an estimate and is subject to recalculation. By the due date of	10242
the next application for a qualifying certificate, the operator	10243
shall determine the actual Ohio delivery percentage for the	10244
estimated qualifying period and proceed as provided in division	10245
(F)(2)(z)(iii) of this section with respect to the calculation and	10246
recalculation of the Ohio delivery percentage. The supplier is	10247
required to file, within sixty days after receiving notice from	10248
the operator of the qualified distribution center, amended reports	10249
for the impacted calendar quarter or quarters or calendar year,	10250
whichever the case may be. Any additional tax liability or tax	10251
overpayment shall be subject to interest but shall not be subject	10252
to the imposition of any penalty so long as the amended returns	10253
are timely filed.	10254

(v) Qualifying certificates and Ohio delivery percentages	10255
issued by the commissioner shall be open to public inspection and	10256
shall be timely published by the commissioner. A supplier relying	10257
in good faith on a certificate issued under this division shall	10258
not be subject to tax on the qualifying distribution center	10259
receipts under division (F)(2)(z) of this section. A person	10260
receiving a qualifying certificate is responsible for paying the	10261
tax, interest, and penalty upon amounts claimed as qualifying	10262
distribution center receipts that would not otherwise have been	10263
owed by the supplier if the qualifying certificate were available	10264
when it is later determined that the qualifying certificate should	10265
not have been issued because the statutory requirements were in	10266
fact not met.	10267

(vi) The annual fee for a qualifying certificate shall be one	10268
hundred thousand dollars for each qualified distribution center.	10269
If a qualifying certificate is not issued, the annual fee is	10270
subject to refund after the exhaustion of all appeals provided for	10271
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	10272
under this division may be assessed in the same manner as the tax	10273
imposed under this chapter. The first one hundred thousand dollars	10274
of the annual application fees collected each calendar year shall	10275
be credited to the revenue enhancement fund. The remainder of the	10276
annual application fees collected shall be distributed in the same	10277
manner required under section 5751.20 of the Revised Code.	10278

(vii) The tax commissioner may require that adequate security	10279
be posted by the operator of the distribution center on appeal	10280
when the commissioner disagrees that the applicant has met the	10281
minimum thresholds for a qualified distribution center as set	10282
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	10283
section.	10284

(aa) Receipts of an employer from payroll deductions relating	10285
to the reimbursement of the employer for advancing moneys to an	10286
unrelated third party on an employee's behalf;	10287

(bb) Cash discounts allowed and taken;

10288

(cc) Returns and allowances;

10289

(dd) Bad debts from receipts on the basis of which the tax	10290
imposed by this chapter was paid in a prior quarterly tax payment	10291
period. For the purpose of this division, "bad debts" means any	10292
debts that have become worthless or uncollectible between the	10293
preceding and current quarterly tax payment periods, have been	10294
uncollected for at least six months, and that may be claimed as a	10295
deduction under section 166 of the Internal Revenue Code and the	10296
regulations adopted under that section, or that could be claimed	10297
as such if the taxpayer kept its accounts on the accrual basis.	10298
"Bad debts" does not include repossessed property, uncollectible	10299
amounts on property that remains in the possession of the taxpayer	10300
until the full purchase price is paid, or expenses in attempting	10301
to collect any account receivable or for any portion of the debt	10302
recovered;	10303

(ee) Any amount realized from the sale of an account	10304
receivable to the extent the receipts from the underlying	10305
transaction giving rise to the account receivable were included in	10306
the gross receipts of the taxpayer;	10307

(ff) Any receipts directly attributed ~~to providing public~~	10308
~~services pursuant to sections 126.60 to 126.605 of the Revised~~	10309
~~Code, or any receipts directly attributed~~ to a transfer agreement	10310
or to the enterprise transferred under that agreement under	10311
section 4313.02 of the Revised Code.	10312

(gg)(i) As used in this division:

10313

(I) "Qualified uranium receipts" means receipts from the	10314
sale, exchange, lease, loan, production, processing, or other	10315
disposition of uranium within a uranium enrichment zone certified	10316
by the tax commissioner under division (F)(2)(gg)(ii) of this	10317
section. "Qualified uranium receipts" does not include any	10318
receipts with a situs in this state outside a uranium enrichment	10319
zone certified by the tax commissioner under division	10320
(F)(2)(gg)(ii) of this section.	10321

(II) "Uranium enrichment zone" means all real property that	10322
is part of a uranium enrichment facility licensed by the United	10323
States nuclear regulatory commission and that was or is owned or	10324
controlled by the United States department of energy or its	10325
successor.	10326

(ii) Any person that owns, leases, or operates real or	10327
tangible personal property constituting or located within a	10328
uranium enrichment zone may apply to the tax commissioner to have	10329
the uranium enrichment zone certified for the purpose of excluding	10330
qualified uranium receipts under division (F)(2)(gg) of this	10331
section. The application shall include such information that the	10332
tax commissioner prescribes. Within sixty days after receiving the	10333
application, the tax commissioner shall certify the zone for that	10334
purpose if the commissioner determines that the property qualifies	10335
as a uranium enrichment zone as defined in division (F)(2)(gg) of	10336
this section, or, if the tax commissioner determines that the	10337
property does not qualify, the commissioner shall deny the	10338
application or request additional information from the applicant.	10339
If the tax commissioner denies an application, the commissioner	10340
shall state the reasons for the denial. The applicant may appeal	10341
the denial of an application to the board of tax appeals pursuant	10342
to section 5717.02 of the Revised Code. If the applicant files a	10343
timely appeal, the tax commissioner shall conditionally certify	10344
the applicant's property. The conditional certification shall	10345
expire when all of the applicant's appeals are exhausted. Until	10346
final resolution of the appeal, the applicant shall retain the	10347
applicant's records in accordance with section 5751.12 of the	10348
Revised Code, notwithstanding any time limit on the preservation	10349
of records under that section.	10350

(hh) Amounts realized by licensed motor fuel dealers or	10351
licensed permissive motor fuel dealers from the exchange of	10352
petroleum products, including motor fuel, between such dealers,	10353
provided that delivery of the petroleum products occurs at a	10354
refinery, terminal, pipeline, or marine vessel and that the	10355
exchanging dealers agree neither dealer shall require monetary	10356
compensation from the other for the value of the exchanged	10357
petroleum products other than such compensation for differences in	10358
product location or grade. Division (F)(2)(hh) of this section	10359
does not apply to amounts realized as a result of differences in	10360
location or grade of exchanged petroleum products or from	10361
handling, lubricity, dye, or other additive injections fees,	10362
pipeline security fees, or similar fees. As used in this division,	10363
"motor fuel," "licensed motor fuel dealer," "licensed permissive	10364
motor fuel dealer," and "terminal" have the same meanings as in	10365
section 5735.01 of the Revised Code.	10366

(ii) In the case of amounts collected by a licensed casino	10367
operator from casino gaming, amounts in excess of the casino	10368
operator's gross casino revenue. In this division, "casino	10369
operator" and "casino gaming" have the meanings defined in section	10370
3772.01 of the Revised Code, and "gross casino revenue" has the	10371
meaning defined in section 5753.01 of the Revised Code.	10372

(jj) Any receipts for which the tax imposed by this chapter	10373
is prohibited by the constitution or laws of the United States or	10374
the constitution of this state.	10375

(3) In the case of a taxpayer when acting as a real estate	10376
broker, "gross receipts" includes only the portion of any fee for	10377
the service of a real estate broker, or service of a real estate	10378
salesperson associated with that broker, that is retained by the	10379
broker and not paid to an associated real estate salesperson or	10380
another real estate broker. For the purposes of this division,	10381
"real estate broker" and "real estate salesperson" have the same	10382
meanings as in section 4735.01 of the Revised Code.	10383

(4) A taxpayer's method of accounting for gross receipts for	10384
a tax period shall be the same as the taxpayer's method of	10385
accounting for federal income tax purposes for the taxpayer's	10386
federal taxable year that includes the tax period. If a taxpayer's	10387
method of accounting for federal income tax purposes changes, its	10388
method of accounting for gross receipts under this chapter shall	10389
be changed accordingly.	10390

(G) "Taxable gross receipts" means gross receipts sitused to	10391
this state under section 5751.033 of the Revised Code.	10392

(H) A person has "substantial nexus with this state" if any	10393
of the following applies. The person:	10394

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

10395

(2) Holds a certificate of compliance with the laws of this	10396
state authorizing the person to do business in this state;	10397

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

10398

(4) Otherwise has nexus with this state to an extent that the	10399
person can be required to remit the tax imposed under this chapter	10400
under the Constitution of the United States.	10401

(I) A person has "bright-line presence" in this state for a	10402
reporting period and for the remaining portion of the calendar	10403
year if any of the following applies. The person:	10404

(1) Has at any time during the calendar year property in this	10405
state with an aggregate value of at least fifty thousand dollars.	10406
For the purpose of division (I)(1) of this section, owned property	10407
is valued at original cost and rented property is valued at eight	10408
times the net annual rental charge.	10409

(2) Has during the calendar year payroll in this state of at	10410
least fifty thousand dollars. Payroll in this state includes all	10411
of the following:	10412

(a) Any amount subject to withholding by the person under	10413
section 5747.06 of the Revised Code;	10414

(b) Any other amount the person pays as compensation to an	10415
individual under the supervision or control of the person for work	10416
done in this state; and	10417

(c) Any amount the person pays for services performed in this	10418
state on its behalf by another.	10419

(3) Has during the calendar year taxable gross receipts of at	10420
least five hundred thousand dollars.	10421

(4) Has at any time during the calendar year within this	10422
state at least twenty-five per cent of the person's total	10423
property, total payroll, or total gross receipts.	10424

(5) Is domiciled in this state as an individual or for	10425
corporate, commercial, or other business purposes.	10426

(J) "Tangible personal property" has the same meaning as in	10427
section 5739.01 of the Revised Code.	10428

(K) "Internal Revenue Code" means the Internal Revenue Code	10429
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	10430
this chapter that is not otherwise defined has the same meaning as	10431
when used in a comparable context in the laws of the United States	10432
relating to federal income taxes unless a different meaning is	10433
clearly required. Any reference in this chapter to the Internal	10434
Revenue Code includes other laws of the United States relating to	10435
federal income taxes.	10436

(L) "Calendar quarter" means a three-month period ending on	10437
the thirty-first day of March, the thirtieth day of June, the	10438
thirtieth day of September, or the thirty-first day of December.	10439

(M) "Tax period" means the calendar quarter or calendar year	10440
on the basis of which a taxpayer is required to pay the tax	10441
imposed under this chapter.	10442

(N) "Calendar year taxpayer" means a taxpayer for which the	10443
tax period is a calendar year.	10444

(O) "Calendar quarter taxpayer" means a taxpayer for which	10445
the tax period is a calendar quarter.	10446

(P) "Agent" means a person authorized by another person to	10447
act on its behalf to undertake a transaction for the other,	10448
including any of the following:	10449

(1) A person receiving a fee to sell financial instruments;

10450

(2) A person retaining only a commission from a transaction	10451
with the other proceeds from the transaction being remitted to	10452
another person;	10453

(3) A person issuing licenses and permits under section	10454
1533.13 of the Revised Code;	10455

(4) A lottery sales agent holding a valid license issued	10456
under section 3770.05 of the Revised Code;	10457

(5) A person acting as an agent of the division of liquor	10458
control under section 4301.17 of the Revised Code.	10459

(Q) "Received" includes amounts accrued under the accrual	10460
method of accounting.	10461

(R) "Reporting person" means a person in a consolidated	10462
elected taxpayer or combined taxpayer group that is designated by	10463
that group to legally bind the group for all filings and tax	10464
liabilities and to receive all legal notices with respect to	10465
matters under this chapter, or, for the purposes of section	10466
5751.04 of the Revised Code, a separate taxpayer that is not a	10467
member of such a group.	10468

Sec. 5751.02. (A) For the purpose of funding the needs of	10469
this state and its local governments ~~beginning with the tax period~~	10470
~~that commences July 1, 2005, and continuing for every tax period~~	10471
~~thereafter~~and providing revenue to the commercial activity tax	10472
motor fuel receipts fund, there is hereby levied a commercial	10473
activity tax on each person with taxable gross receipts for the	10474
privilege of doing business in this state. For the purposes of	10475
this chapter, "doing business" means engaging in any activity,	10476
whether legal or illegal, that is conducted for, or results in,	10477
gain, profit, or income, at any time during ~~the~~a calendar year.	10478
Persons on which the commercial activity tax is levied include,	10479
but are not limited to, persons with substantial nexus with this	10480
state. The tax imposed under this section is not a transactional	10481
tax and is not subject to Public Law No. 86-272, 73 Stat. 555. The	10482
tax imposed under this section is in addition to any other taxes	10483
or fees imposed under the Revised Code. The tax levied under this	10484
section is imposed on the person receiving the gross receipts and	10485
is not a tax imposed directly on a purchaser. The tax imposed by	10486
this section is an annual privilege tax for the calendar year	10487
that, in the case of calendar year taxpayers, is the annual tax	10488
period and, in the case of calendar quarter taxpayers, contains	10489
all quarterly tax periods in the calendar year. A taxpayer is	10490
subject to the annual privilege tax for doing business during any	10491
portion of such calendar year.	10492

(B) The tax imposed by this section is a tax on the taxpayer	10493
and shall not be billed or invoiced to another person. Even if the	10494
tax or any portion thereof is billed or invoiced and separately	10495
stated, such amounts remain part of the price for purposes of the	10496
sales and use taxes levied under Chapters 5739. and 5741. of the	10497
Revised Code. Nothing in division (B) of this section prohibits:	10498

(1) A person from including in the price charged for a good	10499
or service an amount sufficient to recover the tax imposed by this	10500
section; or	10501

(2) A lessor from including an amount sufficient to recover	10502
the tax imposed by this section in a lease payment charged, or	10503
from including such an amount on a billing or invoice pursuant to	10504
the terms of a written lease agreement providing for the recovery	10505
of the lessor's tax costs. The recovery of such costs shall be	10506
based on an estimate of the total tax cost of the lessor during	10507
the tax period, as the tax liability of the lessor cannot be	10508
calculated until the end of that period.	10509

Sec. 5751.051. (A)(1) Not later than the tenth day of the	10510
second month after the end of each calendar quarter, every	10511
taxpayer other than a calendar year taxpayer shall file with the	10512
tax commissioner a tax return in such form as the commissioner	10513
prescribes. The return shall include, but is not limited to, the	10514
amount of the taxpayer's taxable gross receipts for the calendar	10515
quarter and shall indicate the amount of tax due under section	10516
5751.03 of the Revised Code for the calendar quarter. The taxpayer	10517
shall indicate on the return the portion of the taxpayer's	10518
receipts attributable to motor fuel used for propelling vehicles	10519
on public highways.	10520

(2)(a) Subject to division (C) of section 5751.05 of the	10521
Revised Code, a calendar quarter taxpayer shall report the taxable	10522
gross receipts for that calendar quarter.	10523

(b) With respect to taxable gross receipts incorrectly	10524
reported in a calendar quarter that has a lower tax rate, the tax	10525
shall be computed at the tax rate in effect for the quarterly	10526
return in which such receipts should have been reported. Nothing	10527
in division (A)(2)(b) of this section prohibits a taxpayer from	10528
filing an application for refund under section 5751.08 of the	10529
Revised Code with regard to the incorrect reporting of taxable	10530
gross receipts discovered after filing the annual return described	10531
in division (A)(3) of this section.	10532

A tax return shall not be deemed to be an incorrect reporting	10533
of taxable gross receipts for the purposes of division (A)(2)(b)	10534
of this section if the return reflects between ninety-five and one	10535
hundred five per cent of the actual taxable gross receipts for the	10536
calendar quarter.	10537

(3) For the purposes of division (A)(2)(b) of this section,	10538
the tax return filed for the fourth calendar quarter of a calendar	10539
year is the annual return for the privilege tax imposed by this	10540
chapter. Such return shall report any additional taxable gross	10541
receipts not previously reported in the calendar year and shall	10542
adjust for any over-reported taxable gross receipts in the	10543
calendar year. If the taxpayer ceases to be a taxpayer before the	10544
end of the calendar year, the last return the taxpayer is required	10545
to file shall be the annual return for the taxpayer and the	10546
taxpayer shall report any additional taxable gross receipts not	10547
previously reported in the calendar year and shall adjust for any	10548
over-reported taxable gross receipts in the calendar year.	10549
Taxpayers reporting taxable gross receipts attributable to motor	10550
fuel used for propelling vehicles on public highways shall report	10551
the actual amount of such receipts and pay the full amount of tax	10552
due on those receipts with each calendar quarter tax return and	10553
shall not pay such tax based on estimates of such receipts or	10554
otherwise fail to report such receipts.	10555

(4) Because the tax imposed by this chapter is a privilege	10556
tax, the tax rate with respect to taxable gross receipts for a	10557
calendar quarter is not fixed until the end of the measurement	10558
period for each calendar quarter. Subject to division (A)(2)(b) of	10559
this section, the total amount of taxable gross receipts reported	10560
for a given calendar quarter shall be subject to the tax rate in	10561
effect in that quarter.	10562

(5) Not later than the tenth day of May following the end of	10563
each calendar year, every calendar year taxpayer shall file with	10564
the tax commissioner a tax return in such form as the commissioner	10565
prescribes. The return shall include, but is not limited to, the	10566
amount of the taxpayer's taxable gross receipts for the calendar	10567
year and shall indicate the amount of tax due under section	10568
5751.03 of the Revised Code for the calendar year. The taxpayer	10569
shall indicate on the return the portion of the taxpayer's	10570
receipts attributable to motor fuel used for propelling vehicles	10571
on public highways.	10572

(B)(1) A person that first becomes subject to the tax imposed	10573
under this chapter shall pay the minimum tax imposed under	10574
division (B) of section 5751.03 of the Revised Code on or before	10575
the day the return is required to be filed for that quarter under	10576
division (A)(1) of this section, regardless of whether the person	10577
registers as a calendar year taxpayer under section 5751.05 of the	10578
Revised Code.	10579

(2) The amount of the minimum tax for a person subject to	10580
division (B)(1) of this section shall be reduced to seventy-five	10581
dollars if the registration is timely filed after the first day of	10582
May and before the first day of January of the following calendar	10583
year.	10584

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	10585
the Revised Code:	10586

(1) "School district," "joint vocational school district,"	10587
"local taxing unit," "recognized valuation," "fixed-rate levy,"	10588
and "fixed-sum levy" have the same meanings as used in section	10589
5727.84 of the Revised Code.	10590

(2) "State education aid" for a school district means the	10591
following:	10592

(a) For fiscal years prior to fiscal year 2010, the sum of	10593
state aid amounts computed for the district under the following	10594
provisions, as they existed for the applicable fiscal year:	10595
division (A) of section 3317.022 of the Revised Code, including	10596
the amounts calculated under sections 3317.029 and 3317.0217 of	10597
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	10598
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	10599
divisions (L) and (N) of section 3317.024; section 3317.0216; and	10600
any unit payments for gifted student services paid under sections	10601
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	10602
for fiscal years 2008 and 2009, the amount computed for the	10603
district under Section 269.20.80 of H.B. 119 of the 127th general	10604
assembly and as that section subsequently may be amended shall be	10605
substituted for the amount computed under division (D) of section	10606
3317.022 of the Revised Code, and the amount computed under	10607
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	10608
that section subsequently may be amended shall be included.	10609

(b) For fiscal years 2010 and 2011, the sum of the amounts	10610
computed under former sections 3306.052, 3306.12, 3306.13,	10611
3306.19, 3306.191, and 3306.192 of the Revised Code;	10612

(c) For fiscal years 2012 and 2013, the sum of the amounts	10613
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	10614
153 of the 129th general assembly.	10615

(3) "State education aid" for a joint vocational school	10616
district means the following:	10617

(a) For fiscal years prior to fiscal year 2010, the sum of	10618
the state aid computed for the district under division (N) of	10619
section 3317.024 and section 3317.16 of the Revised Code, except	10620
that, for fiscal years 2008 and 2009, the amount computed under	10621
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	10622
that section subsequently may be amended shall be included.	10623

(b) For fiscal years 2010 and 2011, the amount paid in	10624
accordance with Section 265.30.50 of H.B. 1 of the 128th general	10625
assembly.	10626

(c) For fiscal years 2012 and 2013, the amount paid in	10627
accordance with Section 267.30.60 of H.B. 153 of the 129th general	10628
assembly.	10629

(4) "State education aid offset" means the amount determined	10630
for each school district or joint vocational school district under	10631
division (A)(1) of section 5751.21 of the Revised Code.	10632

(5) "Machinery and equipment property tax value loss" means	10633
the amount determined under division (C)(1) of this section.	10634

(6) "Inventory property tax value loss" means the amount	10635
determined under division (C)(2) of this section.	10636

(7) "Furniture and fixtures property tax value loss" means	10637
the amount determined under division (C)(3) of this section.	10638

(8) "Machinery and equipment fixed-rate levy loss" means the	10639
amount determined under division (D)(1) of this section.	10640

(9) "Inventory fixed-rate levy loss" means the amount	10641
determined under division (D)(2) of this section.	10642

(10) "Furniture and fixtures fixed-rate levy loss" means the	10643
amount determined under division (D)(3) of this section.	10644

(11) "Total fixed-rate levy loss" means the sum of the	10645
machinery and equipment fixed-rate levy loss, the inventory	10646
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	10647
loss, and the telephone company fixed-rate levy loss.	10648

(12) "Fixed-sum levy loss" means the amount determined under	10649
division (E) of this section.	10650

(13) "Machinery and equipment" means personal property	10651
subject to the assessment rate specified in division (F) of	10652
section 5711.22 of the Revised Code.	10653

(14) "Inventory" means personal property subject to the	10654
assessment rate specified in division (E) of section 5711.22 of	10655
the Revised Code.	10656

(15) "Furniture and fixtures" means personal property subject	10657
to the assessment rate specified in division (G) of section	10658
5711.22 of the Revised Code.	10659

(16) "Qualifying levies" are levies in effect for tax year	10660
2004 or applicable to tax year 2005 or approved at an election	10661
conducted before September 1, 2005. For the purpose of determining	10662
the rate of a qualifying levy authorized by section 5705.212 or	10663
5705.213 of the Revised Code, the rate shall be the rate that	10664
would be in effect for tax year 2010.	10665

(17) "Telephone property" means tangible personal property of	10666
a telephone, telegraph, or interexchange telecommunications	10667
company subject to an assessment rate specified in section	10668
5727.111 of the Revised Code in tax year 2004.	10669

(18) "Telephone property tax value loss" means the amount	10670
determined under division (C)(4) of this section.	10671

(19) "Telephone property fixed-rate levy loss" means the	10672
amount determined under division (D)(4) of this section.	10673

(20) "Taxes charged and payable" means taxes charged and	10674
payable after the reduction required by section 319.301 of the	10675
Revised Code but before the reductions required by sections	10676
319.302 and 323.152 of the Revised Code.	10677

(21) "Median estate tax collections" means, in the case of a	10678
municipal corporation to which revenue from the taxes levied in	10679
Chapter 5731. of the Revised Code was distributed in each of	10680
calendar years 2006, 2007, 2008, and 2009, the median of those	10681
distributions. In the case of a municipal corporation to which no	10682
distributions were made in one or more of those years, "median	10683
estate tax collections" means zero.	10684

(22) "Total resources," in the case of a school district,	10685
means the sum of the amounts in divisions (A)(22)(a) to (h) of	10686
this section less any reduction required under division (A)(32) or	10687
(33) of this section.	10688

(a) The state education aid for fiscal year 2010;

10689

(b) The sum of the payments received by the school district	10690
in fiscal year 2010 for current expense levy losses pursuant to	10691
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	10692
section 5751.21 of the Revised Code, excluding the portion of such	10693
payments attributable to levies for joint vocational school	10694
district purposes;	10695

(c) The sum of fixed-sum levy loss payments received by the	10696
school district in fiscal year 2010 pursuant to division (E)(1) of	10697
section 5727.85 and division (E)(1) of section 5751.21 of the	10698
Revised Code for fixed-sum levies charged and payable for a	10699
purpose other than paying debt charges;	10700

(d) Fifty per cent of the school district's taxes charged and	10701
payable against all property on the tax list of real and public	10702
utility property for current expense purposes for tax year 2008,	10703
including taxes charged and payable from emergency levies charged	10704
and payable under section 5709.194 of the Revised Code and	10705
excluding taxes levied for joint vocational school district	10706
purposes;	10707

(e) Fifty per cent of the school district's taxes charged and	10708
payable against all property on the tax list of real and public	10709
utility property for current expenses for tax year 2009, including	10710
taxes charged and payable from emergency levies and excluding	10711
taxes levied for joint vocational school district purposes;	10712

(f) The school district's taxes charged and payable against	10713
all property on the general tax list of personal property for	10714
current expenses for tax year 2009, including taxes charged and	10715
payable from emergency levies;	10716

(g) The amount certified for fiscal year 2010 under division	10717
(A)(2) of section 3317.08 of the Revised Code;	10718

(h) Distributions received during calendar year 2009 from	10719
taxes levied under section 718.09 of the Revised Code.	10720

(23) "Total resources," in the case of a joint vocational	10721
school district, means the sum of amounts in divisions (A)(23)(a)	10722
to (g) of this section less any reduction required under division	10723
(A)(32) of this section.	10724

(a) The state education aid for fiscal year 2010;

10725

(b) The sum of the payments received by the joint vocational	10726
school district in fiscal year 2010 for current expense levy	10727
losses pursuant to division (C)(2) of section 5727.85 and	10728
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	10729

(c) Fifty per cent of the joint vocational school district's	10730
taxes charged and payable against all property on the tax list of	10731
real and public utility property for current expense purposes for	10732
tax year 2008;	10733

(d) Fifty per cent of the joint vocational school district's	10734
taxes charged and payable against all property on the tax list of	10735
real and public utility property for current expenses for tax year	10736
2009;	10737

(e) Fifty per cent of a city, local, or exempted village	10738
school district's taxes charged and payable against all property	10739
on the tax list of real and public utility property for current	10740
expenses of the joint vocational school district for tax year	10741
2008;	10742

(f) Fifty per cent of a city, local, or exempted village	10743
school district's taxes charged and payable against all property	10744
on the tax list of real and public utility property for current	10745
expenses of the joint vocational school district for tax year	10746
2009;	10747

(g) The joint vocational school district's taxes charged and	10748
payable against all property on the general tax list of personal	10749
property for current expenses for tax year 2009.	10750

(24) "Total resources," in the case of county mental health	10751
and disability related functions, means the sum of the amounts in	10752
divisions (A)(24)(a) and (b) of this section less any reduction	10753
required under division (A)(32) of this section.	10754

(a) The sum of the payments received by the county for mental	10755
health and developmental disability related functions in calendar	10756
year 2010 under division (A)(1) of section 5727.86 and divisions	10757
(A)(1) and (2) of section 5751.22 of the Revised Code as they	10758
existed at that time;	10759

(b) With respect to taxes levied by the county for mental	10760
health and developmental disability related purposes, the taxes	10761
charged and payable for such purposes against all property on the	10762
tax list of real and public utility property for tax year 2009.	10763

(25) "Total resources," in the case of county senior services	10764
related functions, means the sum of the amounts in divisions	10765
(A)(25)(a) and (b) of this section less any reduction required	10766
under division (A)(32) of this section.	10767

(a) The sum of the payments received by the county for senior	10768
services related functions in calendar year 2010 under division	10769
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	10770
5751.22 of the Revised Code as they existed at that time;	10771

(b) With respect to taxes levied by the county for senior	10772
services related purposes, the taxes charged and payable for such	10773
purposes against all property on the tax list of real and public	10774
utility property for tax year 2009.	10775

(26) "Total resources," in the case of county children's	10776
services related functions, means the sum of the amounts in	10777
divisions (A)(26)(a) and (b) of this section less any reduction	10778
required under division (A)(32) of this section.	10779

(a) The sum of the payments received by the county for	10780
children's services related functions in calendar year 2010 under	10781
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	10782
section 5751.22 of the Revised Code as they existed at that time;	10783

(b) With respect to taxes levied by the county for children's	10784
services related purposes, the taxes charged and payable for such	10785
purposes against all property on the tax list of real and public	10786
utility property for tax year 2009.	10787

(27) "Total resources," in the case of county public health	10788
related functions, means the sum of the amounts in divisions	10789
(A)(27)(a) and (b) of this section less any reduction required	10790
under division (A)(32) of this section.	10791

(a) The sum of the payments received by the county for public	10792
health related functions in calendar year 2010 under division	10793
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	10794
5751.22 of the Revised Code as they existed at that time;	10795

(b) With respect to taxes levied by the county for public	10796
health related purposes, the taxes charged and payable for such	10797
purposes against all property on the tax list of real and public	10798
utility property for tax year 2009.	10799

(28) "Total resources," in the case of all county functions	10800
not included in divisions (A)(24) to (27) of this section, means	10801
the sum of the amounts in divisions (A)(28)(a) to (d) of this	10802
section less any reduction required under division (A)(32) or (33)	10803
of this section.	10804

(a) The sum of the payments received by the county for all	10805
other purposes in calendar year 2010 under division (A)(1) of	10806
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	10807
the Revised Code as they existed at that time;	10808

(b) The county's percentage share of county undivided local	10809
government fund allocations as certified to the tax commissioner	10810
for calendar year 2010 by the county auditor under division (J) of	10811
section 5747.51 of the Revised Code or division (F) of section	10812
5747.53 of the Revised Code multiplied by the total amount	10813
actually distributed in calendar year 2010 from the county	10814
undivided local government fund;	10815

(c) With respect to taxes levied by the county for all other	10816
purposes, the taxes charged and payable for such purposes against	10817
all property on the tax list of real and public utility property	10818
for tax year 2009, excluding taxes charged and payable for the	10819
purpose of paying debt charges;	10820

(d) The sum of the amounts distributed to the county in	10821
calendar year 2010 for the taxes levied pursuant to sections	10822
5739.021 and 5741.021 of the Revised Code.	10823

(29) "Total resources," in the case of a municipal	10824
corporation, means the sum of the amounts in divisions (A)(29)(a)	10825
to (g) of this section less any reduction required under division	10826
(A)(32) or (33) of this section.	10827

(a) The sum of the payments received by the municipal	10828
corporation in calendar year 2010 for current expense levy losses	10829
under division (A)(1) of section 5727.86 and divisions (A)(1) and	10830
(2) of section 5751.22 of the Revised Code as they existed at that	10831
time;	10832

(b) The municipal corporation's percentage share of county	10833
undivided local government fund allocations as certified to the	10834
tax commissioner for calendar year 2010 by the county auditor	10835
under division (J) of section 5747.51 of the Revised Code or	10836
division (F) of section 5747.53 of the Revised Code multiplied by	10837
the total amount actually distributed in calendar year 2010 from	10838
the county undivided local government fund;	10839

(c) The sum of the amounts distributed to the municipal	10840
corporation in calendar year 2010 pursuant to section 5747.50 of	10841
the Revised Code;	10842

(d) With respect to taxes levied by the municipal	10843
corporation, the taxes charged and payable against all property on	10844
the tax list of real and public utility property for current	10845
expenses, defined in division (A)(35) of this section, for tax	10846
year 2009;	10847

(e) The amount of admissions tax collected by the municipal	10848
corporation in calendar year 2008, or if such information has not	10849
yet been reported to the tax commissioner, in the most recent year	10850
before 2008 for which the municipal corporation has reported data	10851
to the commissioner;	10852

(f) The amount of income taxes collected by the municipal	10853
corporation in calendar year 2008, or if such information has not	10854
yet been reported to the tax commissioner, in the most recent year	10855
before 2008 for which the municipal corporation has reported data	10856
to the commissioner;	10857

(g) The municipal corporation's median estate tax	10858
collections.	10859

(30) "Total resources," in the case of a township, means the	10860
sum of the amounts in divisions (A)(30)(a) to (c) of this section	10861
less any reduction required under division (A)(32) or (33) of this	10862
section.	10863

(a) The sum of the payments received by the township in	10864
calendar year 2010 pursuant to division (A)(1) of section 5727.86	10865
of the Revised Code and divisions (A)(1) and (2) of section	10866
5751.22 of the Revised Code as they existed at that time,	10867
excluding payments received for debt purposes;	10868

(b) The township's percentage share of county undivided local	10869
government fund allocations as certified to the tax commissioner	10870
for calendar year 2010 by the county auditor under division (J) of	10871
section 5747.51 of the Revised Code or division (F) of section	10872
5747.53 of the Revised Code multiplied by the total amount	10873
actually distributed in calendar year 2010 from the county	10874
undivided local government fund;	10875

(c) With respect to taxes levied by the township, the taxes	10876
charged and payable against all property on the tax list of real	10877
and public utility property for tax year 2009 excluding taxes	10878
charged and payable for the purpose of paying debt charges.	10879

(31) "Total resources," in the case of a local taxing unit	10880
that is not a county, municipal corporation, or township, means	10881
the sum of the amounts in divisions (A)(31)(a) to (e) of this	10882
section less any reduction required under division (A)(32) of this	10883
section.	10884

(a) The sum of the payments received by the local taxing unit	10885
in calendar year 2010 pursuant to division (A)(1) of section	10886
5727.86 of the Revised Code and divisions (A)(1) and (2) of	10887
section 5751.22 of the Revised Code as they existed at that time;	10888

(b) The local taxing unit's percentage share of county	10889
undivided local government fund allocations as certified to the	10890
tax commissioner for calendar year 2010 by the county auditor	10891
under division (J) of section 5747.51 of the Revised Code or	10892
division (F) of section 5747.53 of the Revised Code multiplied by	10893
the total amount actually distributed in calendar year 2010 from	10894
the county undivided local government fund;	10895

(c) With respect to taxes levied by the local taxing unit,	10896
the taxes charged and payable against all property on the tax list	10897
of real and public utility property for tax year 2009 excluding	10898
taxes charged and payable for the purpose of paying debt charges;	10899

(d) The amount received from the tax commissioner during	10900
calendar year 2010 for sales or use taxes authorized under	10901
sections 5739.023 and 5741.022 of the Revised Code;	10902

(e) For institutions of higher education receiving tax	10903
revenue from a local levy, as identified in section 3358.02 of the	10904
Revised Code, the final state share of instruction allocation for	10905
fiscal year 2010 as calculated by the board of regents and	10906
reported to the state controlling board.	10907

(32) If a fixed-rate levy that is a qualifying levy is not	10908
charged and payable in any year after tax year 2010, "total	10909
resources" used to compute payments to be made under division	10910
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	10911
5751.22 of the Revised Code in the tax years following the last	10912
year the levy is charged and payable shall be reduced to the	10913
extent that the payments are attributable to the fixed-rate levy	10914
loss of that levy as would be computed under division (C)(2) of	10915
section 5727.85, division (A)(1) of section 5727.85, divisions	10916
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	10917
5751.22 of the Revised Code.	10918

(33) In the case of a county, municipal corporation, school	10919
district, or township with fixed-rate levy losses attributable to	10920
a tax levied under section 5705.23 of the Revised Code, "total	10921
resources" used to compute payments to be made under division	10922
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	10923
division (C)(12) of section 5751.21, or division (A)(1)(c) of	10924
section 5751.22 of the Revised Code shall be reduced by the	10925
amounts described in divisions (A)(34)(a) to (c) of this section	10926
to the extent that those amounts were included in calculating the	10927
"total resources" of the school district or local taxing unit	10928
under division (A)(22), (28), (29), or (30) of this section.	10929

(34) "Total library resources," in the case of a county,	10930
municipal corporation, school district, or township public library	10931
that receives the proceeds of a tax levied under section 5705.23	10932
of the Revised Code, means the sum of the amounts in divisions	10933
(A)(34)(a) to (c) of this section less any reduction required	10934
under division (A)(32) of this section.	10935

(a) The sum of the payments received by the county, municipal	10936
corporation, school district, or township public library in	10937
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	10938
Revised Code, as they existed at that time, for fixed-rate levy	10939
losses attributable to a tax levied under section 5705.23 of the	10940
Revised Code for the benefit of the public library;	10941

(b) The public library's percentage share of county undivided	10942
local government fund allocations as certified to the tax	10943
commissioner for calendar year 2010 by the county auditor under	10944
division (J) of section 5747.51 of the Revised Code or division	10945
(F) of section 5747.53 of the Revised Code multiplied by the total	10946
amount actually distributed in calendar year 2010 from the county	10947
undivided local government fund;	10948

(c) With respect to a tax levied pursuant to section 5705.23	10949
of the Revised Code for the benefit of the public library, the	10950
amount of such tax that is charged and payable against all	10951
property on the tax list of real and public utility property for	10952
tax year 2009 excluding any tax that is charged and payable for	10953
the purpose of paying debt charges.	10954

(35) "Municipal current expense property tax levies" means	10955
all property tax levies of a municipality, except those with the	10956
following levy names: airport resurfacing; bond or any levy name	10957
including the word "bond"; capital improvement or any levy name	10958
including the word "capital"; debt or any levy name including the	10959
word "debt"; equipment or any levy name including the word	10960
"equipment," unless the levy is for combined operating and	10961
equipment; employee termination fund; fire pension or any levy	10962
containing the word "pension," including police pensions;	10963
fireman's fund or any practically similar name; sinking fund; road	10964
improvements or any levy containing the word "road"; fire truck or	10965
apparatus; flood or any levy containing the word "flood";	10966
conservancy district; county health; note retirement; sewage, or	10967
any levy containing the words "sewage" or "sewer"; park	10968
improvement; parkland acquisition; storm drain; street or any levy	10969
name containing the word "street"; lighting, or any levy name	10970
containing the word "lighting"; and water.	10971

(36) "Current expense TPP allocation" means, in the case of a	10972
school district or joint vocational school district, the sum of	10973
the payments received by the school district in fiscal year 2011	10974
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	10975
Revised Code to the extent paid for current expense levies. In the	10976
case of a municipal corporation, "current expense TPP allocation"	10977
means the sum of the payments received by the municipal	10978
corporation in calendar year 2010 pursuant to divisions (A)(1) and	10979
(2) of section 5751.22 of the Revised Code to the extent paid for	10980
municipal current expense property tax levies as defined in	10981
division (A)(35) of this section, excluding any such payments	10982
received for current expense levy losses attributable to a tax	10983
levied under section 5705.23 of the Revised Code. If a fixed-rate	10984
levy that is a qualifying levy is not charged and payable in any	10985
year after tax year 2010, "current expense TPP allocation" used to	10986
compute payments to be made under division (C)(12) of section	10987
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	10988
Revised Code in the tax years following the last year the levy is	10989
charged and payable shall be reduced to the extent that the	10990
payments are attributable to the fixed-rate levy loss of that levy	10991
as would be computed under divisions (C)(10) and (11) of section	10992
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	10993

(37) "TPP allocation" means the sum of payments received by a	10994
local taxing unit in calendar year 2010 pursuant to divisions	10995
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	10996
any such payments received for fixed-rate levy losses attributable	10997
to a tax levied under section 5705.23 of the Revised Code. If a	10998
fixed-rate levy that is a qualifying levy is not charged and	10999
payable in any year after tax year 2010, "TPP allocation" used to	11000
compute payments to be made under division (A)(1)(b) or (c) of	11001
section 5751.22 of the Revised Code in the tax years following the	11002
last year the levy is charged and payable shall be reduced to the	11003
extent that the payments are attributable to the fixed-rate levy	11004
loss of that levy as would be computed under division (A)(1) of	11005
that section.	11006

(38) "Total TPP allocation" means, in the case of a school	11007
district or joint vocational school district, the sum of the	11008
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	11009
and (11) and (D) of section 5751.21 of the Revised Code. In the	11010
case of a local taxing unit, "total TPP allocation" means the sum	11011
of payments received by the unit in calendar year 2010 pursuant to	11012
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	11013
Code. If a fixed-rate levy that is a qualifying levy is not	11014
charged and payable in any year after tax year 2010, "total TPP	11015
allocation" used to compute payments to be made under division	11016
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	11017
5751.22 of the Revised Code in the tax years following the last	11018
year the levy is charged and payable shall be reduced to the	11019
extent that the payments are attributable to the fixed-rate levy	11020
loss of that levy as would be computed under divisions (C)(10) and	11021
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	11022
the Revised Code.	11023

(39) "Non-current expense TPP allocation" means the	11024
difference of total TPP allocation minus the sum of current	11025
expense TPP allocation and the portion of total TPP allocation	11026
constituting reimbursement for debt levies, pursuant to division	11027
(D) of section 5751.21 of the Revised Code in the case of a school	11028
district or joint vocational school district and pursuant to	11029
division (A)(3) of section 5751.22 of the Revised Code in the case	11030
of a municipal corporation.	11031

(40) "TPP allocation for library purposes" means the sum of	11032
payments received by a county, municipal corporation, school	11033
district, or township public library in calendar year 2010	11034
pursuant to section 5751.22 of the Revised Code for fixed-rate	11035
levy losses attributable to a tax levied under section 5705.23 of	11036
the Revised Code. If a fixed-rate levy authorized under section	11037
5705.23 of the Revised Code that is a qualifying levy is not	11038
charged and payable in any year after tax year 2010, "TPP	11039
allocation for library purposes" used to compute payments to be	11040
made under division (A)(1)(d) of section 5751.22 of the Revised	11041
Code in the tax years following the last year the levy is charged	11042
and payable shall be reduced to the extent that the payments are	11043
attributable to the fixed-rate levy loss of that levy as would be	11044
computed under division (A)(1) of section 5751.22 of the Revised	11045
Code.	11046

(41) "Threshold per cent" means, in the case of a school	11047
district or joint vocational school district, two per cent for	11048
fiscal year 2012 and four per cent for fiscal years 2013 and	11049
thereafter. In the case of a local taxing unit or public library	11050
that receives the proceeds of a tax levied under section 5705.23	11051
of the Revised Code, "threshold per cent" means two per cent for	11052
tax year 2011, four per cent for tax year 2012, and six per cent	11053
for tax years 2013 and thereafter.	11054

(B)(1) The commercial activities tax receipts fund is hereby	11055
created in the state treasury and shall consist of money arising	11056
from the tax imposed under this chapter. Eighty-five	11057
one-hundredths of one per cent of the money credited to that fund	11058
shall be credited to the revenue enhancement fund and shall be	11059
used to defray the costs incurred by the department of taxation in	11060
administering the tax imposed by this chapter and in implementing	11061
tax reform measures. The remainder of the money in the commercial	11062
activities tax receipts fund shall first be credited ~~for each~~	11063
~~fiscal year~~to the commercial activity tax motor fuel receipts	11064
fund, which is hereby created in the state treasury, pursuant to	11065
division (B)(2) of this section, and the remainder shall be	11066
credited in the following percentages each fiscal year to the	11067
general revenue fund, to the school district tangible property tax	11068
replacement fund, which is hereby created in the state treasury	11069
for the purpose of making the payments described in section	11070
5751.21 of the Revised Code, and to the local government tangible	11071
property tax replacement fund, which is hereby created in the	11072
state treasury for the purpose of making the payments described in	11073
section 5751.22 of the Revised Code, in the following percentages:	11074

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	11075
2006	67.7%	22.6%	9.7%	11076
2007	0%	70.0%	30.0%	11077
2008	0%	70.0%	30.0%	11078
2009	0%	70.0%	30.0%	11079
2010	0%	70.0%	30.0%	11080
2011	0%	70.0%	30.0%	11081
2012	25.0%	52.5%	22.5%	11082
2013 and thereafter	50.0%	35.0%	15.0%	11083

(2) Not later than the twentieth day of February, May,	11084
August, and November of each year, the commissioner shall provide	11085
for payment from the commercial activities tax receipts fund to	11086
the commercial activity tax motor fuel receipts fund an amount	11087
that bears the same ratio to the balance in the commercial	11088
activities tax receipts fund that (a) the taxable gross receipts	11089
attributed to motor fuel used for propelling vehicles on public	11090
highways as indicated by returns filed by the tenth day of that	11091
month bears to (b) all taxable gross receipts as indicated by	11092
those returns.	11093

(C) Not later than September 15, 2005, the tax commissioner	11094
shall determine for each school district, joint vocational school	11095
district, and local taxing unit its machinery and equipment,	11096
inventory property, furniture and fixtures property, and telephone	11097
property tax value losses, which are the applicable amounts	11098
described in divisions (C)(1), (2), (3), and (4) of this section,	11099
except as provided in division (C)(5) of this section:	11100

(1) Machinery and equipment property tax value loss is the	11101
taxable value of machinery and equipment property as reported by	11102
taxpayers for tax year 2004 multiplied by:	11103

(a) For tax year 2006, thirty-three and eight-tenths per	11104
cent;	11105

(b) For tax year 2007, sixty-one and three-tenths per cent;

11106

11107

(d) For tax year 2009 and thereafter, one hundred per cent.

11108

(2) Inventory property tax value loss is the taxable value of	11109
inventory property as reported by taxpayers for tax year 2004	11110
multiplied by:	11111

(a) For tax year 2006, a fraction, the numerator of which is	11112
five and three-fourths and the denominator of which is	11113
twenty-three;	11114

(b) For tax year 2007, a fraction, the numerator of which is	11115
nine and one-half and the denominator of which is twenty-three;	11116

(c) For tax year 2008, a fraction, the numerator of which is	11117
thirteen and one-fourth and the denominator of which is	11118
twenty-three;	11119

(d) For tax year 2009 and thereafter a fraction, the	11120
numerator of which is seventeen and the denominator of which is	11121
twenty-three.	11122

(3) Furniture and fixtures property tax value loss is the	11123
taxable value of furniture and fixture property as reported by	11124
taxpayers for tax year 2004 multiplied by:	11125

(a) For tax year 2006, twenty-five per cent;

11126

(b) For tax year 2007, fifty per cent;

11127

11128

(d) For tax year 2009 and thereafter, one hundred per cent.

11129

The taxable value of property reported by taxpayers used in	11130
divisions (C)(1), (2), and (3) of this section shall be such	11131
values as determined to be final by the tax commissioner as of	11132
August 31, 2005. Such determinations shall be final except for any	11133
correction of a clerical error that was made prior to August 31,	11134
2005, by the tax commissioner.	11135

(4) Telephone property tax value loss is the taxable value of	11136
telephone property as taxpayers would have reported that property	11137
for tax year 2004 if the assessment rate for all telephone	11138
property for that year were twenty-five per cent, multiplied by:	11139

(a) For tax year 2006, zero per cent;

11140

(b) For tax year 2007, zero per cent;

11141

11142

(d) For tax year 2009, sixty per cent;

11143

(e) For tax year 2010, eighty per cent;

11144

(f) For tax year 2011 and thereafter, one hundred per cent.

11145

(5) Division (C)(5) of this section applies to any school	11146
district, joint vocational school district, or local taxing unit	11147
in a county in which is located a facility currently or formerly	11148
devoted to the enrichment or commercialization of uranium or	11149
uranium products, and for which the total taxable value of	11150
property listed on the general tax list of personal property for	11151
any tax year from tax year 2001 to tax year 2004 was fifty per	11152
cent or less of the taxable value of such property listed on the	11153
general tax list of personal property for the next preceding tax	11154
year.	11155

In computing the fixed-rate levy losses under divisions	11156
(D)(1), (2), and (3) of this section for any school district,	11157
joint vocational school district, or local taxing unit to which	11158
division (C)(5) of this section applies, the taxable value of such	11159
property as listed on the general tax list of personal property	11160
for tax year 2000 shall be substituted for the taxable value of	11161
such property as reported by taxpayers for tax year 2004, in the	11162
taxing district containing the uranium facility, if the taxable	11163
value listed for tax year 2000 is greater than the taxable value	11164
reported by taxpayers for tax year 2004. For the purpose of making	11165
the computations under divisions (D)(1), (2), and (3) of this	11166
section, the tax year 2000 valuation is to be allocated to	11167
machinery and equipment, inventory, and furniture and fixtures	11168
property in the same proportions as the tax year 2004 values. For	11169
the purpose of the calculations in division (A) of section 5751.21	11170
of the Revised Code, the tax year 2004 taxable values shall be	11171
used.	11172

To facilitate the calculations required under division (C) of	11173
this section, the county auditor, upon request from the tax	11174
commissioner, shall provide by August 1, 2005, the values of	11175
machinery and equipment, inventory, and furniture and fixtures for	11176
all single-county personal property taxpayers for tax year 2004.	11177

(D) Not later than September 15, 2005, the tax commissioner	11178
shall determine for each tax year from 2006 through 2009 for each	11179
school district, joint vocational school district, and local	11180
taxing unit its machinery and equipment, inventory, and furniture	11181
and fixtures fixed-rate levy losses, and for each tax year from	11182
2006 through 2011 its telephone property fixed-rate levy loss.	11183
Except as provided in division (F) of this section, such losses	11184
are the applicable amounts described in divisions (D)(1), (2),	11185
(3), and (4) of this section:	11186

(1) The machinery and equipment fixed-rate levy loss is the	11187
machinery and equipment property tax value loss multiplied by the	11188
sum of the tax rates of fixed-rate qualifying levies.	11189

(2) The inventory fixed-rate loss is the inventory property	11190
tax value loss multiplied by the sum of the tax rates of	11191
fixed-rate qualifying levies.	11192

(3) The furniture and fixtures fixed-rate levy loss is the	11193
furniture and fixture property tax value loss multiplied by the	11194
sum of the tax rates of fixed-rate qualifying levies.	11195

(4) The telephone property fixed-rate levy loss is the	11196
telephone property tax value loss multiplied by the sum of the tax	11197
rates of fixed-rate qualifying levies.	11198

(E) Not later than September 15, 2005, the tax commissioner	11199
shall determine for each school district, joint vocational school	11200
district, and local taxing unit its fixed-sum levy loss. The	11201
fixed-sum levy loss is the amount obtained by subtracting the	11202
amount described in division (E)(2) of this section from the	11203
amount described in division (E)(1) of this section:	11204

(1) The sum of the machinery and equipment property tax value	11205
loss, the inventory property tax value loss, and the furniture and	11206
fixtures property tax value loss, and, for 2008 through 2010, the	11207
telephone property tax value loss of the district or unit	11208
multiplied by the sum of the fixed-sum tax rates of qualifying	11209
levies. For 2006 through 2010, this computation shall include all	11210
qualifying levies remaining in effect for the current tax year and	11211
any school district levies charged and payable under section	11212
5705.194 or 5705.213 of the Revised Code that are qualifying	11213
levies not remaining in effect for the current year. For 2011	11214
through 2017 in the case of school district levies charged and	11215
payable under section 5705.194 or 5705.213 of the Revised Code and	11216
for all years after 2010 in the case of other fixed-sum levies,	11217
this computation shall include only qualifying levies remaining in	11218
effect for the current year. For purposes of this computation, a	11219
qualifying school district levy charged and payable under section	11220
5705.194 or 5705.213 of the Revised Code remains in effect in a	11221
year after 2010 only if, for that year, the board of education	11222
levies a school district levy charged and payable under section	11223
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	11224
an annual sum at least equal to the annual sum levied by the board	11225
in tax year 2004 less the amount of the payment certified under	11226
this division for 2006.	11227

(2) The total taxable value in tax year 2004 less the sum of	11228
the machinery and equipment, inventory, furniture and fixtures,	11229
and telephone property tax value losses in each school district,	11230
joint vocational school district, and local taxing unit multiplied	11231
by one-half of one mill per dollar.	11232

(3) For the calculations in divisions (E)(1) and (2) of this	11233
section, the tax value losses are those that would be calculated	11234
for tax year 2009 under divisions (C)(1), (2), and (3) of this	11235
section and for tax year 2011 under division (C)(4) of this	11236
section.	11237

(4) To facilitate the calculation under divisions (D) and (E)	11238
of this section, not later than September 1, 2005, any school	11239
district, joint vocational school district, or local taxing unit	11240
that has a qualifying levy that was approved at an election	11241
conducted during 2005 before September 1, 2005, shall certify to	11242
the tax commissioner a copy of the county auditor's certificate of	11243
estimated property tax millage for such levy as required under	11244
division (B) of section 5705.03 of the Revised Code, which is the	11245
rate that shall be used in the calculations under such divisions.	11246

If the amount determined under division (E) of this section	11247
for any school district, joint vocational school district, or	11248
local taxing unit is greater than zero, that amount shall equal	11249
the reimbursement to be paid pursuant to division (E) of section	11250
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	11251
and the one-half of one mill that is subtracted under division	11252
(E)(2) of this section shall be apportioned among all contributing	11253
fixed-sum levies in the proportion that each levy bears to the sum	11254
of all fixed-sum levies within each school district, joint	11255
vocational school district, or local taxing unit.	11256

(F) If a school district levies a tax under section 5705.219	11257
of the Revised Code, the fixed-rate levy loss for qualifying	11258
levies, to the extent repealed under that section, shall equal the	11259
sum of the following amounts in lieu of the amounts computed for	11260
such levies under division (D) of this section:	11261

(1) The sum of the rates of qualifying levies to the extent	11262
so repealed multiplied by the sum of the machinery and equipment,	11263
inventory, and furniture and fixtures tax value losses for 2009 as	11264
determined under that division;	11265

(2) The sum of the rates of qualifying levies to the extent	11266
so repealed multiplied by the telephone property tax value loss	11267
for 2011 as determined under that division.	11268

The fixed-rate levy losses for qualifying levies to the	11269
extent not repealed under section 5705.219 of the Revised Code	11270
shall be as determined under division (D) of this section. The	11271
revised fixed-rate levy losses determined under this division and	11272
division (D) of this section first apply in the year following the	11273
first year the district levies the tax under section 5705.219 of	11274
the Revised Code.	11275

(G) Not later than October 1, 2005, the tax commissioner	11276
shall certify to the department of education for every school	11277
district and joint vocational school district the machinery and	11278
equipment, inventory, furniture and fixtures, and telephone	11279
property tax value losses determined under division (C) of this	11280
section, the machinery and equipment, inventory, furniture and	11281
fixtures, and telephone fixed-rate levy losses determined under	11282
division (D) of this section, and the fixed-sum levy losses	11283
calculated under division (E) of this section. The calculations	11284
under divisions (D) and (E) of this section shall separately	11285
display the levy loss for each levy eligible for reimbursement.	11286

(H) Not later than October 1, 2005, the tax commissioner	11287
shall certify the amount of the fixed-sum levy losses to the	11288
county auditor of each county in which a school district, joint	11289
vocational school district, or local taxing unit with a fixed-sum	11290
levy loss reimbursement has territory.	11291

(I) Not later than the twenty-eighth day of February each	11292
year beginning in 2011 and ending in 2014, the tax commissioner	11293
shall certify to the department of education for each school	11294
district first levying a tax under section 5705.219 of the Revised	11295
Code in the preceding year the revised fixed-rate levy losses	11296
determined under divisions (D) and (F) of this section.	11297

Section 101.02. That existing sections 9.33, 127.14, 153.01,	11298
153.65, 307.05, 307.051, 307.055, 505.37, 505.375, 505.44, 505.72,	11299
718.01, 2937.221, 3354.13, 3355.10, 3357.12, 3705.242, 4501.03,	11300
4501.04, 4501.041, 4501.042, 4501.043, 4501.06, 4503.42, 4503.45,	11301
4503.49, 4504.19, 4504.21, 4506.08, 4506.09, 4507.011, 4507.23,	11302
4508.08, 4511.13, 4513.263, 4513.53, 4513.66, 4561.21, 4743.05,	11303
4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08,	11304
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,	11305
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,	11306
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,	11307
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,	11308
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,	11309
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	11310
4766.12, 4766.13, 4766.15, 4766.22, 5501.73, 5501.77, 5502.01,	11311
5503.04, 5503.31, 5503.32, 5513.01, 5515.01, 5517.011, 5517.02,	11312
5525.01, 5525.16, 5533.31, 5537.01, 5537.02, 5537.03, 5537.04,	11313
5537.05, 5537.051, 5537.06, 5537.07, 5537.08, 5537.09, 5537.11,	11314
5537.12, 5537.13, 5537.14, 5537.15, 5537.16, 5537.17, 5537.19,	11315
5537.20, 5537.21, 5537.22, 5537.24, 5537.25, 5537.26, 5537.27,	11316
5537.28, 5537.30, 5728.01, 5735.05, 5735.23, 5739.02, 5747.01,	11317
5751.01, 5751.02, 5751.051, and 5751.20 and sections 126.60,	11318
126.601, 126.602, 126.603, 126.604, 126.605, 4501.13, 4766.02,	11319
4766.20, 4981.36, and 4981.361 of the Revised Code are hereby	11320
repealed.	11321

Section 201.10. Except as otherwise provided in this act,	11322
all appropriation items in this act are appropriated out of any	11323
moneys in the state treasury to the credit of the designated fund	11324
that are not otherwise appropriated. For all appropriations made	11325
in this act, the amounts in the first column are for fiscal year	11326
2014 and the amounts in the second column are for fiscal year	11327
2015.	11328

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

11329

FUND

TITLE

FY 2014

FY 2015

11330

Highway Operating Fund Group	11331

2120	772426	Highway Infrastructure Bank - Federal	$	5,000,000	$	5,000,000	11332
2120	772427	Highway Infrastructure Bank - State	$	10,350,000	$	10,350,000	11333
2120	772430	Infrastructure Debt Reserve Title 23-49	$	525,000	$	525,000	11334
2130	772431	Roadway Infrastructure Bank - State	$	2,475,000	$	2,475,000	11335
2130	772433	Infrastructure Debt Reserve - State	$	650,000	$	650,000	11336
2130	777477	Aviation Infrastructure Bank - State	$	1,000,000	$	1,000,000	11337
7002	771411	Planning and Research - State	$	21,144,581	$	21,738,277	11338
7002	771412	Planning and Research - Federal	$	28,835,906	$	28,959,514	11339
7002	772421	Highway Construction - State	$	583,246,763	$	585,240,020	11340
7002	772422	Highway Construction - Federal	$	1,065,253,182	$	1,063,145,274	11341
7002	772424	Highway Construction - Other	$	80,000,000	$	80,000,000	11342
7002	772425	Highway Construction - Turnpike	$	200,000,000	$	300,000,000	11343
7002	772437	GARVEE Debt Service - State	$	31,139,500	$	31,635,300	11344
7002	772438	GARVEE Debt Service - Federal	$	136,039,500	$	138,027,800	11345
7002	773431	Highway Maintenance - State	$	485,165,521	$	497,506,152	11346
7002	775452	Public Transportation - Federal	$	27,590,748	$	27,590,748	11347
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	11348
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	11349
7002	776462	Grade Crossings - Federal	$	14,136,500	$	14,129,500	11350
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	11351
7002	777475	Aviation Administration	$	4,875,000	$	4,935,000	11352
7002	779491	Administration - State	$	91,218,054	$	92,543,982	11353
TOTAL HOF Highway Operating							11354
Fund Group			$	2,795,280,255	$	2,912,086,567	11355

State Special Revenue Fund Group	11356

4N40	776664	Rail Transportation - Other	$	2,875,800	$	2,875,800	11357
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	11358
TOTAL SSR State Special Revenue							11359
Fund Group			$	3,495,800	$	3,495,800	11360

Infrastructure Bank Obligations Fund Group	11361

7045	772428	Highway Infrastructure Bank - Bonds	$	96,092,215	$	97,000,000	11362
TOTAL 045 Infrastructure Bank							11363
Obligations Fund Group			$	96,092,215	$	97,000,000	11364

Highway Capital Improvement Fund Group	11365

7042	772723	Highway Construction - Bonds	$	100,294,652	$	119,617,631	11366
TOTAL 042 Highway Capital							11367
Improvement Fund Group			$	100,294,652	$	119,617,631	11368
TOTAL ALL BUDGET FUND GROUPS			$	2,995,162,922	$	3,132,199,998	11369

Section 203.20. PUBLIC ACCESS ROADS FOR DNR FACILITIES

11371

Of the foregoing appropriation item 772421, Highway	11372
Construction – State, $5,000,000 shall be used in each fiscal year	11373
for the construction, reconstruction, or maintenance of public	11374
access roads, including support features, to and within state	11375
facilities owned or operated by the Department of Natural	11376
Resources.	11377

Section 203.30. PUBLIC ACCESS ROADS FOR PARKS, EXPOSITIONS	11378
COMMISSION, AND OHIO HISTORICAL SOCIETY FACILITIES	11379

Notwithstanding section 5511.06 of the Revised Code, of the	11380
foregoing appropriation item 772421, Highway Construction – State,	11381
$2,228,000 in each fiscal year shall be used for the construction,	11382
reconstruction, or maintenance of park drives or park roads within	11383
the boundaries of metropolitan parks.	11384

The Department of Transportation may use the foregoing	11385
appropriation item 772421, Highway Construction – State, to	11386
perform related road work on behalf of the Ohio Expositions	11387
Commission at the state fairgrounds, including reconstruction or	11388
maintenance of public access roads and support features to and	11389
within fairgrounds facilities, as requested by the Commission and	11390
approved by the Director of Transportation.	11391

The Department of Transportation may use the foregoing	11392
appropriation item 772421, Highway Construction – State, to	11393
perform related road work on behalf of the Ohio Historical	11394
Society, including reconstruction or maintenance of public access	11395
roads and support features to and within Historical Society	11396
facilities, as requested by the Society and approved by the	11397
Director of Transportation.	11398

Section 203.40. TRANSPORTATION IMPROVEMENT DISTRICTS

11399

(A) Notwithstanding section 5540.151 of the Revised Code, of	11400
the foregoing appropriation item 772421, Highway Construction –	11401
State, $3,500,000 in each fiscal year shall be made available for	11402
distribution by the Director of Transportation to Transportation	11403
Improvement Districts that have facilitated funding for the cost	11404
of a project or projects, as defined in division (C) of section	11405
5540.01 of the Revised Code, in conjunction with and through other	11406
governmental agencies, as defined in division (B) of section	11407
5540.01 of the Revised Code.	11408

(B) A Transportation Improvement District shall submit	11409
requests for project funding to the Ohio Department of	11410
Transportation not later than the first day of September in each	11411
fiscal year. The Ohio Department of Transportation shall notify	11412
the Transportation Improvement District whether the Department has	11413
approved or disapproved the project funding request within 90 days	11414
after the day the request was submitted by the Transportation	11415
Improvement District.	11416

(C) Any funding provided to a Transportation Improvement	11417
District specified in this section shall not be used for the	11418
purposes of administrative costs or administrative staffing and	11419
must be used to fund a specific project or projects within that	11420
District's area. The total amount of a specific project's cost	11421
shall not be fully funded by the amount of funds provided under	11422
this section. The total amount of funding provided for each	11423
project is limited to 10% of total project costs or $250,000 per	11424
fiscal year, whichever is greater. Transportation Improvement	11425
Districts that are co-sponsoring a specific project may	11426
individually apply for up to $250,000 for that project. However,	11427
not more than 10% of a project's total costs shall be funded	11428
through moneys provided under this section.	11429

(D) Funds provided under this section may be used for	11430
preliminary engineering, detailed design, right-of-way	11431
acquisition, and construction of the specific project and such	11432
other project costs that are defined in section 5540.01 of the	11433
Revised Code and approved by the Director of Transportation. Upon	11434
receipt of a copy of an invoice for work performed on the specific	11435
project, the Director of Transportation shall reimburse a	11436
Transportation Improvement District for the expenditures described	11437
above, subject to the requirements of this section.	11438

(E) Any Transportation Improvement District that is	11439
requesting funds under this section shall register with the	11440
Director of Transportation. The Director of Transportation shall	11441
register a Transportation Improvement District only if the	11442
district has a specific, eligible project and may cancel the	11443
registration of a Transportation Improvement District that is not	11444
eligible to receive funds under this section. The Director shall	11445
not provide funds to any Transportation Improvement District under	11446
this section if the district is not registered.	11447

Section 203.50. ISSUANCE OF BONDS

11448

The Treasurer of State, upon the request of the Director of	11449
Transportation, is authorized to issue and sell, in accordance	11450
with Section 2m of Article VIII, Ohio Constitution, and Chapter	11451
151. and particularly sections 151.01 and 151.06 of the Revised	11452
Code, obligations, including bonds and notes, in the aggregate	11453
amount of $220,000,000 in addition to the original issuance of	11454
obligations authorized by prior acts of the General Assembly.	11455

The obligations shall be issued and sold from time to time in	11456
amounts necessary to provide sufficient moneys to the credit of	11457
the Highway Capital Improvement Fund (Fund 7042) created by	11458
section 5528.53 of the Revised Code to pay costs charged to the	11459
fund when due as estimated by the Director of Transportation,	11460
provided, however, that such obligations shall be issued and sold	11461
at such time or times so that not more than $220,000,000 original	11462
principal amount of obligations, plus the principal amount of	11463
obligations that in prior fiscal years could have been, but were	11464
not, issued within the $220,000,000 limit, may be issued in any	11465
fiscal year, and not more than $1,200,000,000 original principal	11466
amount of such obligations are outstanding at any one time.	11467

Section 203.60. TRANSFER OF HIGHWAY OPERATING FUND (FUND	11468
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION,	11469
HIGHWAY MAINTENANCE, PUBLIC TRANSPORTATION, RAIL, AVIATION, AND	11470
ADMINISTRATION	11471

The Director of Budget and Management may approve requests	11472
from the Director of Transportation for transfer of Highway	11473
Operating Fund (Fund 7002) appropriations for planning and	11474
research (appropriation items 771411 and 771412), highway	11475
construction and debt service (appropriation items 772421, 772422,	11476
772424, 772425, 772437, and 772438), highway maintenance	11477
(appropriation item 773431), public transportation - federal	11478
(appropriation item 775452), elderly and disabled special	11479
equipment (appropriation item 775459), rail grade crossings	11480
(appropriation item 776462), aviation (appropriation item 777475),	11481
and administration (appropriation item 779491). The Director of	11482
Budget and Management may not make transfers out of debt service	11483
appropriation items unless the Director determines that the	11484
appropriated amounts exceed the actual and projected debt service	11485
requirements. Transfers of appropriations may be made upon the	11486
written request of the Director of Transportation and with the	11487
approval of the Director of Budget and Management. The transfers	11488
shall be reported to the Controlling Board at the next regularly	11489
scheduled meeting of the board.	11490

This transfer authority is intended to provide for emergency	11491
situations and flexibility to meet unforeseen conditions that	11492
could arise during the budget period. It also is intended to allow	11493
the department to optimize the use of available resources and	11494
adjust to circumstances affecting the obligation and expenditure	11495
of federal funds.	11496

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY, TRANSIT,	11497
AVIATION, AND RAIL AND LOCAL TRANSIT	11498

The Director of Budget and Management may approve written	11499
requests from the Director of Transportation for the transfer of	11500
appropriations between appropriation items 772422, Highway	11501
Construction - Federal, 775452, Public Transportation - Federal,	11502
775454, Public Transportation - Other, 775459, Elderly and	11503
Disabled Special Equipment, 776475, Federal Rail Administration,	11504
and 777472, Airport Improvements - Federal. The transfers shall be	11505
reported to the Controlling Board at its next regularly scheduled	11506
meeting.	11507

TRANSFER OF APPROPRIATIONS - ARRA

11508

The Director of Budget and Management may approve written	11509
requests from the Director of Transportation for the transfer of	11510
appropriations between appropriation items 771412, Planning and	11511
Research – Federal, 772422, Highway Construction - Federal,	11512
772424, Highway Construction – Other, 775452, Public	11513
Transportation - Federal, 776462, Grade Crossing - Federal, and	11514
777472, Airport Improvements - Federal, based upon the	11515
requirements of the American Recovery and Reinvestment Act of 2009	11516
that apply to the money appropriated. The transfers shall be	11517
reported to the Controlling Board at its next regularly scheduled	11518
meeting.	11519

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	11520
BANK	11521

The Director of Budget and Management may approve requests	11522
from the Director of Transportation for transfer of appropriations	11523
and cash of the Infrastructure Bank funds created in section	11524
5531.09 of the Revised Code, including transfers between fiscal	11525
years 2014 and 2015. The transfers shall be reported to the	11526
Controlling Board at its next regularly scheduled meeting.	11527

The Director of Budget and Management may approve requests	11528
from the Director of Transportation for transfer of appropriations	11529
and cash from the Highway Operating Fund (Fund 7002) to the	11530
Infrastructure Bank funds created in section 5531.09 of the	11531
Revised Code. The Director of Budget and Management may transfer	11532
from the Infrastructure Bank funds to the Highway Operating Fund	11533
up to the amounts originally transferred to the Infrastructure	11534
Bank funds under this section. However, the Director may not make	11535
transfers between modes or transfers between different funding	11536
sources. The transfers shall be reported to the Controlling Board	11537
at its next regularly scheduled meeting.	11538

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

11539

The Director of Budget and Management may approve requests	11540
from the Director of Transportation for transfer of appropriations	11541
and cash of the Ohio Toll Fund and any subaccounts created in	11542
section 5531.14 of the Revised Code, including transfers between	11543
fiscal years 2014 and 2015. The transfers shall be reported to the	11544
Controlling Board at its next regularly scheduled meeting.	11545

INCREASING APPROPRIATIONS: STATE FUNDS

11546

In the event that receipts or unexpended balances credited to	11547
the Highway Operating Fund (Fund 7002) exceed the estimates upon	11548
which the appropriations have been made in this act, upon the	11549
request of the Director of Transportation, the Controlling Board	11550
may increase those appropriations in the manner prescribed in	11551
section 131.35 of the Revised Code.	11552

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

11553

In the event that receipts or unexpended balances credited to	11554
the Highway Operating Fund (Fund 7002) or apportionments or	11555
allocations made available from the federal and local government	11556
exceed the estimates upon which the appropriations have been made	11557
in this act, upon the request of the Director of Transportation,	11558
the Controlling Board may increase those appropriations in the	11559
manner prescribed in section 131.35 of the Revised Code.	11560

REAPPROPRIATIONS

11561

In each fiscal year of the biennium ending June 30, 2015, the	11562
Director of Transportation may request that the Director of Budget	11563
and Management transfer any remaining unencumbered balances of	11564
prior years' appropriations to the Highway Operating Fund (Fund	11565
7002), the Highway Capital Improvement Fund (Fund 7042), and the	11566
Infrastructure Bank funds created in section 5531.09 of the	11567
Revised Code for the same purpose in the following fiscal year. In	11568
the request, the Director of Transportation shall identify the	11569
appropriate fund and appropriation item of the transfer, the	11570
requested transfer amount. The Director of Budget and Management	11571
may request additional information necessary for evaluating the	11572
transfer request, and the Director of Transportation shall provide	11573
the requested information to the Director of Budget and	11574
Management. Based on the information provided by the Director of	11575
Transportation, the Director of Budget and Management shall	11576
determine the amount to be transferred by fund and appropriation	11577
item, and those amounts are hereby reappropriated. The Director of	11578
Transportation shall report the reappropriations to the	11579
Controlling Board.	11580

Any balances of prior years' unencumbered appropriations to	11581
the Highway Operating Fund (Fund 7002), the Highway Capital	11582
Improvement Fund (Fund 7042), and the Infrastructure Bank funds	11583
created in section 5531.09 of the Revised Code for which the	11584
Director of Transportation requests reappropriations, and for	11585
which reappropriations are approved by the Director of Budget and	11586
Management, are subject to the availability of revenue as	11587
determined by the Director of Transportation.	11588

LIQUIDATION OF UNFORESEEN LIABILITIES

11589

Any appropriation made from the Highway Operating Fund (Fund	11590
7002) not otherwise restricted by law is available to liquidate	11591
unforeseen liabilities arising from contractual agreements of	11592
prior years when the prior year encumbrance is insufficient.	11593

Section 203.70. MAINTENANCE OF INTERSTATE HIGHWAYS

11594

The Director of Transportation may remove snow and ice and	11595
maintain, repair, improve, or provide lighting upon interstate	11596
highways that are located within the boundaries of municipal	11597
corporations, adequate to meet the requirements of federal law.	11598
When agreed in writing by the Director of Transportation and the	11599
legislative authority of a municipal corporation and	11600
notwithstanding sections 125.01 and 125.11 of the Revised Code,	11601
the Department of Transportation may reimburse a municipal	11602
corporation for all or any part of the costs, as provided by such	11603
agreement, incurred by the municipal corporation in maintaining,	11604
repairing, lighting, and removing snow and ice from the interstate	11605
system.	11606

Section 203.80. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

11607

The Director of Transportation may use revenues from the	11608
state motor vehicle fuel tax to match approved federal grants	11609
awarded to the Department of Transportation, regional transit	11610
authorities, or eligible public transportation systems, for public	11611
transportation highway purposes, or to support local or state	11612
funded projects for public transportation highway purposes. Public	11613
transportation highway purposes include: the construction or	11614
repair of high-occupancy vehicle traffic lanes, the acquisition or	11615
construction of park-and-ride facilities, the acquisition or	11616
construction of public transportation vehicle loops, the	11617
construction or repair of bridges used by public transportation	11618
vehicles or that are the responsibility of a regional transit	11619
authority or other public transportation system, or other similar	11620
construction that is designated as an eligible public	11621
transportation highway purpose. Motor vehicle fuel tax revenues	11622
may not be used for operating assistance or for the purchase of	11623
vehicles, equipment, or maintenance facilities.	11624

Section 203.90. The federal payments made to the state for	11625
highway infrastructure or for transit agencies under Title XII of	11626
Division A of the American Recovery and Reinvestment Act of 2009	11627
shall be deposited to the credit of the Highway Operating Fund	11628
(Fund 7002), which is created in section 5735.291 of the Revised	11629
Code.	11630

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

11631

State Highway Safety Fund Group	11632

4W40	762321	Operating Expense - BMV	$	127,359,268	$	127,268,957	11633
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	11634
7036	761321	Operating Expense - Information and Education	$	6,264,266	$	6,208,531	11635
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	11636
7036	761630	Motorcycle Programs	$	3,280,563	$	3,280,563	11637
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	11638
7036	764321	Operating Expense - Highway Patrol	$	268,232,602	$	270,232,602	11639
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	11640
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	11641
8310	761610	Information and Education - Federal	$	300,000	$	300,000	11642
8310	764608	FARS Grant Federal	$	175,000	$	175,000	11643
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	11644
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	11645
8310	765610	EMS - Federal	$	225,000	$	225,000	11646
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	11647
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	11648
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	11649
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	11650
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	11651
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	11652
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	11653
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	11654
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	11655
83M0	765624	Operating - EMS	$	2,711,069	$	2,711,069	11656
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	11657
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	11658
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	11659
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	11660
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	11661
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	11662
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	11663
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	11664
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	11665
TOTAL HSF State Highway Safety Fund Group			$	511,114,660	$	513,148,564	11666

General Services Fund Group	11667

4P60	768601	Justice Program Services	$	900,000	$	875,000	11668
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	11669
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	11670
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	11671
TOTAL GSF General Services Fund Group			$	6,541,746	$	6,516,746	11672

Federal Special Revenue Fund Group	11673

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	11674
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	11675
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	11676
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	11677
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	11678
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	11679
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	11680
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	11681
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	11682
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	11683
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	11684
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	11685
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	11686
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	11687
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	11688

State Special Revenue Fund Group	11689

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	11690
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	11691
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	11692
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	11693
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	11694
5BP0	764609	DPS Wireless 911 Administration	$	290,000	$	290,000	11695
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	11696
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	11697
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	11698
5FL0	769634	Investigations	$	899,300	$	899,300	11699
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	11700
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	11701
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	11702
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	11703
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	11704
TOTAL SSR State Special Revenue Fund Group			$	15,049,767	$	15,039,767	11705

Agency Fund Group	11706

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		11707
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		11708

Holding Account Redistribution Fund Group	11709

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	11710
R052	762623	Security Deposits	$	350,000	$	350,000	11711
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	11712
TOTAL ALL BUDGET FUND GROUPS			$	669,763,888	$	672,207,792	11713

MOTOR VEHICLE REGISTRATION

11714

The Registrar of Motor Vehicles may deposit revenues to meet	11715
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	11716
4W40) established in section 4501.25 of the Revised Code, obtained	11717
under sections 4503.02 and 4504.02 of the Revised Code, less all	11718
other available cash. Revenue deposited pursuant to this paragraph	11719
shall support, in part, appropriations for operating expenses and	11720
defray the cost of manufacturing and distributing license plates	11721
and license plate stickers and enforcing the law relative to the	11722
operation and registration of motor vehicles. Notwithstanding	11723
section 4501.03 of the Revised Code, the revenues shall be paid	11724
into Fund 4W40 before any revenues obtained pursuant to sections	11725
4503.02 and 4504.02 of the Revised Code are paid into any other	11726
fund. The deposit of revenues to meet the aforementioned cash	11727
needs shall be in approximately equal amounts on a monthly basis	11728
or as otherwise determined by the Director of Budget and	11729
Management pursuant to a plan submitted by the Registrar of Motor	11730
Vehicles.	11731

LEASE RENTAL PAYMENTS

11732

The foregoing appropriation item 761401, Lease Rental	11733
Payments, shall be used for payments to the Treasurer of State for	11734
the period July 1, 2013, through June 30, 2015, under the primary	11735
leases and agreements for public safety related buildings. The	11736
appropriations are the source of funds pledged for bond service	11737
charges on obligations pursuant to Chapters 152. and 154. of the	11738
Revised Code.	11739

CASH TRANSFERS BETWEEN FUNDS

11740

Notwithstanding any provision of law to the contrary, the	11741
Director of Budget and Management, upon the written request of the	11742
Director of Public Safety, may transfer cash between the following	11743
six funds: the Trauma and Emergency Medical Services Fund (Fund	11744
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	11745
Fund (Fund 5FL0), the Emergency Management Agency Service and	11746
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	11747
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	11748
4W40).	11749

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	11750
PLATE CONTRIBUTION FUND	11751

On July 1, 2013, or as soon as possible thereafter, the	11752
Director of Budget and Management may transfer the unexpended and	11753
unencumbered cash balance in the Teen Driver Education Fund (Fund	11754
5JS0) to the License Plate Contribution Fund (Fund 5V10). Upon	11755
completion of the transfer, Fund 5JS0 is hereby abolished.	11756

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	11757
STATE HIGHWAY SAFETY FUND	11758

Not later than January 1, 2014, the Director of Budget and	11759
Management may transfer the unexpended and unencumbered cash	11760
balance in the Hilltop Utility Reimbursement Fund (Fund 4S30) to	11761
the State Highway Safety Fund (Fund 7036). Upon completion of the	11762
transfer, Fund 4S30 is hereby abolished.	11763

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	11764
SAFETY FUND	11765

On July 1, 2013, or as soon as possible thereafter, the	11766
Director of Budget and Management shall transfer the unexpended	11767
and unencumbered cash balance in the Registrar Rental Fund (Fund	11768
8380) to the State Highway Safety Fund (Fund 7036). Upon	11769
completion of the transfer, Fund 8380 is abolished.	11770

CASH TRANSFER FROM MOTORCYCLE SAFETY AND EDUCATION FUND TO	11771
STATE HIGHWAY SAFETY FUND	11772

Not later than January 1, 2014, the Director of Budget and	11773
Management shall transfer the unexpended and unencumbered cash	11774
balance in the Motorcycle Safety and Education Fund (Fund 8460) to	11775
the State Highway Safety Fund (Fund 7036). Upon completion of the	11776
transfer, Fund 8460 is abolished.	11777

STATE DISASTER RELIEF

11778

The State Disaster Relief Fund (Fund 5330) may accept	11779
transfers of cash and appropriations from Controlling Board	11780
appropriation items for Ohio Emergency Management Agency disaster	11781
response costs and disaster program management costs, and may also	11782
be used for the following purposes:	11783

(A) To accept transfers of cash and appropriations from	11784
Controlling Board appropriation items for Ohio Emergency	11785
Management Agency public assistance and mitigation program match	11786
costs to reimburse eligible local governments and private	11787
nonprofit organizations for costs related to disasters;	11788

(B) To accept and transfer cash to reimburse the costs	11789
associated with Emergency Management Assistance Compact (EMAC)	11790
deployments;	11791

(C) To accept disaster related reimbursement from federal,	11792
state, and local governments. The Director of Budget and	11793
Management may transfer cash from reimbursements received by this	11794
fund to other funds of the state from which transfers were	11795
originally approved by the Controlling Board.	11796

(D) To accept transfers of cash and appropriations from	11797
Controlling Board appropriation items to fund the State Disaster	11798
Relief Program, for disasters that qualify for the program by	11799
written authorization of the Governor, and the State Individual	11800
Assistance Program for disasters that have been declared by the	11801
federal Small Business Administration and that qualify for the	11802
program by written authorization of the Governor. The Ohio	11803
Emergency Management Agency shall publish and make available	11804
application packets outlining procedures for the State Disaster	11805
Relief Program and the State Individual Assistance Program.	11806

JUSTICE ASSISTANCE GRANT FUND

11807

The federal payments made to the state for the Byrne Justice	11808
Assistance Grants Program under Title II of Division A of the	11809
American Recovery and Reinvestment Act of 2009 shall be deposited	11810
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	11811
which is hereby created in the state treasury. All investment	11812
earnings of the fund shall be credited to the fund.	11813

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	11814
AGENCY SERVICE AND REIMBURSEMENT FUND	11815

On July 1 of each fiscal year, or as soon as possible	11816
thereafter, the Director of Budget and Management shall transfer	11817
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	11818
Emergency Management Agency Service and Reimbursement Fund (Fund	11819
4V30) to be distributed to the Ohio Task Force One – Urban Search	11820
and Rescue Unit and other urban search and rescue programs around	11821
the state.	11822

FAMILY VIOLENCE PREVENTION FUND

11823

Notwithstanding any provision of law to the contrary, in each	11824
of fiscal years 2014 and 2015, the first $750,000 received to the	11825
credit of the Family Violence Prevention Fund (Fund 5BK0) is	11826
appropriated to appropriation item 768689, Family Violence Shelter	11827
Programs, and the next $400,000 received to the credit of Fund	11828
5BK0 in each of those fiscal years is appropriated to	11829
appropriation item 768687, Criminal Justice Services - Operating.	11830
Any moneys received to the credit of Fund 5BK0 in excess of the	11831
aforementioned appropriated amounts in each fiscal year shall,	11832
upon the approval of the Controlling Board, be used to provide	11833
grants to family violence shelters in Ohio.	11834

SARA TITLE III HAZMAT PLANNING

11835

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	11836
entitled to receive grant funds from the Emergency Response	11837
Commission to implement the Emergency Management Agency's	11838
responsibilities under Chapter 3750. of the Revised Code.	11839

COLLECTIVE BARGAINING INCREASES

11840

Notwithstanding division (D) of section 127.14 and division	11841
(B) of section 131.35 of the Revised Code, except for the General	11842
Revenue Fund, the Controlling Board may, upon the request of	11843
either the Director of Budget and Management, or the Department of	11844
Public Safety with the approval of the Director of Budget and	11845
Management, authorize expenditures in excess of appropriations and	11846
transfer appropriations, as necessary, for any fund used by the	11847
Department of Public Safety, to assist in paying the costs of	11848
increases in employee compensation that have occurred pursuant to	11849
collective bargaining agreements under Chapter 4117. of the	11850
Revised Code and, for exempt employees, under section 124.152 of	11851
the Revised Code. Any money approved for expenditure under this	11852
paragraph is hereby appropriated.	11853

CASH BALANCE FUND REVIEW

11854

Not later than the first day of April in each fiscal year of	11855
the biennium, the Director of Budget and Management shall review	11856
the cash balances for each fund, except the State Highway Safety	11857
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	11858
4W40), in the State Highway Safety Fund Group, and shall recommend	11859
to the Controlling Board an amount to be transferred to the credit	11860
of Fund 7036 or Fund 4W40, as appropriate.	11861

AUTO REGISTRATION DISTRIBUTION FUND

11862

Notwithstanding the amendment by this act to section 4501.03	11863
of the Revised Code and the enactment by this act of section	11864
4501.031 of the Revised Code, any license tax assessed under	11865
Chapters 4503. or 4504. of the Revised Code, and derived from	11866
registrations processed on business days prior to July 1, 2013,	11867
shall be deposited to the state treasury to the credit of the Auto	11868
Registration Distribution Fund (Fund 7051) created by section	11869
4501.03 of the Revised Code, even if such deposit does not occur	11870
until on or after July 1, 2013. All license tax assessed on	11871
registrations under Chapters 4503. or 4504. of the Revised Code	11872
prior to July 1, 2013, shall be deposited, and distributed, in	11873
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	11874
4501.043 of the Revised Code as they existed prior to the	11875
amendments to those sections by this act.	11876

Section 207.10. DEV DEVELOPMENT SERVICES AGENCY

11877

State Special Revenue Fund Group	11878

4W00	195629	Roadwork Development	$	15,199,900	$	15,199,900	11879
TOTAL SSR State Special Revenue							11880
Fund Group			$	15,199,900	$	15,199,900	11881
TOTAL ALL BUDGET FUND GROUPS			$	15,199,900	$	15,199,900	11882

ROADWORK DEVELOPMENT FUND

11883

The Roadwork Development Fund shall be used for road	11884
improvements associated with economic development opportunities	11885
that will retain or attract businesses for Ohio. "Road	11886
improvements" are improvements to public roadway facilities	11887
located on, or serving or capable of serving, a project site.	11888

The Department of Transportation, under the direction of the	11889
Development Services Agency, shall provide these funds in	11890
accordance with all guidelines and requirements established for	11891
Development Services Agency appropriation item 195623, Business	11892
Incentive Grants, including Controlling Board review and approval	11893
as well as the requirements for usage of gas tax revenue	11894
prescribed in Section 5a of Article XII, Ohio Constitution. Should	11895
the Development Services Agency require the assistance of the	11896
Department of Transportation to bring a project to completion, the	11897
Department of Transportation shall use its authority under Title	11898
LV of the Revised Code to provide such assistance and may enter	11899
into contracts on behalf of the Development Services Agency. In	11900
addition, these funds may be used in conjunction with	11901
appropriation item 195623, Business Incentive Grants, or any other	11902
state funds appropriated for infrastructure improvements.	11903

The Director of Budget and Management, pursuant to a plan	11904
submitted by the Director of Development Services or as otherwise	11905
determined by the Director of Budget and Management, shall set a	11906
cash transfer schedule to meet the cash needs of the Development	11907
Services Agency Roadwork Development Fund (Fund 4W00), less any	11908
other available cash. The Director shall transfer to the Roadwork	11909
Development Fund from the Highway Operating Fund (Fund 7002),	11910
established in section 5735.291 of the Revised Code, such amounts	11911
at such times as determined by the transfer schedule.	11912

Section 209.10. PWC PUBLIC WORKS COMMISSION

11913

Local Transportation Improvements Fund Group	11914

7052	150402	Local Transportation Improvement Program - Operating	$	292,526	$	296,555	11915
7052	150701	Local Transportation Improvement Program	$	52,000,000	$	52,000,000	11916
TOTAL 052 Local Transportation							11917
Improvements Fund Group			$	52,292,526	$	52,296,555	11918

Local Infrastructure Improvements Fund Group	11919

7038	150321	State Capital Improvements Program - Operating Expenses	$	902,579	$	909,665	11920
TOTAL LIF Local Infrastructure							11921
Improvements Fund Group			$	902,579	$	909,665	11922
TOTAL ALL BUDGET FUND GROUPS			$	53,195,105	$	53,206,220	11923

PUBLIC WORKS OPERATING EXPENSES

11924

The forgoing appropriation item 150321, State Capital	11925
Improvements Program-Operating Expenses, shall be used by the Ohio	11926
Public Works Commission to administer the State Capital	11927
Improvement Program under sections 164.01 to 164.16 of the Revised	11928
Code.	11929

DISTRICT ADMINISTRATION COSTS

11930

The Director of the Public Works Commission is authorized to	11931
create a District Administration Costs Program from interest	11932
earnings of the Capital Improvements Fund and Local Transportation	11933
Improvement Program Fund proceeds. The program shall be used to	11934
provide for the direct costs of district administration of the	11935
nineteen public works districts. Districts choosing to participate	11936
in the program shall only expend State Capital Improvements Fund	11937
moneys for State Capital Improvements Fund costs and Local	11938
Transportation Improvement Program Fund moneys for Local	11939
Transportation Improvement Program Fund costs. The account shall	11940
not exceed $1,235,000 per fiscal year. Each public works district	11941
may be eligible for up to $65,000 per fiscal year from its	11942
district allocation as provided in sections 164.08 and 164.14 of	11943
the Revised Code.	11944

The Director, by rule, shall define allowable and	11945
nonallowable costs for the purpose of the District Administration	11946
Costs Program. Nonallowable costs include indirect costs, elected	11947
official salaries and benefits, and project-specific costs. No	11948
district public works committee may participate in the District	11949
Administration Costs Program without the approval of those costs	11950
by the district public works committee under section 164.04 of the	11951
Revised Code.	11952

REAPPROPRIATIONS

11953

All capital appropriations from the Local Transportation	11954
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 114 of the	11955
129th General Assembly remaining unencumbered as of June 30, 2013,	11956
are reappropriated for use during the period July 1, 2013, through	11957
June 30, 2014, for the same purpose.	11958

Notwithstanding division (B) of section 127.14 of the Revised	11959
Code, all capital appropriations and reappropriations from the	11960
Local Transportation Improvement Program Fund (Fund 7052) in this	11961
act remaining unencumbered as of June 30, 2014, are reappropriated	11962
for use during the period July 1, 2014, through June 30, 2015, for	11963
the same purposes, subject to the availability of revenue as	11964
determined by the Director of the Public Works Commission.	11965

TEMPORARY TRANSFERS

11966

Notwithstanding section 127.14 of the Revised Code, the	11967
Director of the Public Works Commission may request the Director	11968
of Budget and Management to transfer moneys from the Local	11969
Transportation Improvement Fund (Fund 7052) to the State Capital	11970
Improvement Fund (Fund 7038) and the Clean Ohio Conservation Fund	11971
(Fund 7056). The Director of Budget and Management may approve	11972
temporary transfers if such transfers are needed for capital	11973
outlays for which notes or bonds will be issued. Any transfers	11974
executed under this section shall be reported to the Controlling	11975
Board by June 30 of the fiscal year in which the transfer	11976
occurred.	11977

Section 503.10. STATE AND LOCAL REBATE AUTHORIZATION

11978

There is hereby appropriated, from those funds designated by	11979
or pursuant to the applicable proceedings authorizing the issuance	11980
of state obligations, amounts computed at the time to represent	11981
the portion of investment income to be rebated or amounts in lieu	11982
of or in addition to any rebate amount to be paid to the federal	11983
government in order to maintain the exclusion from gross income	11984
for federal income tax purposes of interest on those state	11985
obligations under section 148(f) of the Internal Revenue Code.	11986

Rebate payments shall be approved and vouchered by the Office	11987
of Budget and Management.	11988

Section 503.20. DEPARTMENT OF NATURAL RESOURCES PARKS SPECIAL	11989
PURPOSES	11990

Appropriation item 725509, Parks Special Purposes, is hereby	11991
established in the General Revenue Fund with an appropriation of	11992
$14,000,000 in fiscal year 2013. The appropriation item shall be	11993
used by the Department of Natural Resources to facilitate the	11994
mutual termination of a lease agreement between the City of	11995
Cleveland and the Department of Natural Resources for Cleveland	11996
Lakefront Parks.	11997

Section 506.10. Notwithstanding division (A)(3) of section	11998
4501.044 and division (A)(1) of section 4501.045 of the Revised	11999
Code, commencing July 1, 2013, and extending through June 30,	12000
2014, the Director of Public Safety shall deposit the money	12001
otherwise deposited and distributed in accordance with those	12002
divisions into the State Highway Safety Fund (Fund 7036) created	12003
by section 4501.06 of the Revised Code until such time as the	12004
deposits equal a cumulative total of $24,000,000. At that point,	12005
the Director shall cease depositing any such money into Fund 7036	12006
and shall deposit and distribute that money as prescribed in	12007
division (A)(3) of section 4501.044 and division (A)(1) of section	12008
4501.045 of the Revised Code.	12009

Notwithstanding division (A)(3) of section 4501.044 and	12010
division (A)(1) of section 4501.045 of the Revised Code,	12011
commencing July 1, 2014, and extending through June 30, 2015, the	12012
Director of Public Safety shall deposit the money otherwise	12013
deposited and distributed in accordance with those divisions into	12014
the State Highway Safety Fund (Fund 7036) created by section	12015
4501.06 of the Revised Code until such time as the deposits equal	12016
a cumulative total of $24,000,000. At that point, the Director	12017
shall cease depositing any such money into Fund 7036 and shall	12018
deposit and distribute that money as prescribed in division (A)(3)	12019
of section 4501.044 and division (A)(1) of section 4501.045 of the	12020
Revised Code.	12021

Section 509.10. AUTHORIZATION FOR TREASURER OF STATE AND OBM	12022
TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	12023

The Director of Budget and Management shall initiate and	12024
process payments from lease rental payment appropriation items	12025
during the period from July 1, 2013, to June 30, 2015, pursuant to	12026
the lease agreements for bonds or notes issued under Section 2i of	12027
Article VIII of the Ohio Constitution and Chapters 152. and 154.	12028
of the Revised Code. Payments shall be made upon certification by	12029
the Treasurer of State of the dates and amounts due on those	12030
dates.	12031

Section 509.20. LEASE AND DEBT SERVICE PAYMENTS

12032

Certain appropriations are in this act for the purpose of	12033
lease rental and other payments under leases and agreements	12034
relating to bonds or notes issued under the Ohio Constitution and	12035
acts of the General Assembly. If it is determined that additional	12036
appropriations are necessary for this purpose, such amounts are	12037
hereby appropriated.	12038

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	12039
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	12040

Upon the request of the Director of Transportation, the	12041
Director of Budget and Management may transfer cash from the	12042
Highway Operating Fund (Fund 7002) to the Highway Capital	12043
Improvement Fund (Fund 7042) created in section 5528.53 of the	12044
Revised Code. The Director of Budget and Management may transfer	12045
cash from Fund 7042 to Fund 7002 up to the amount of cash	12046
previously transferred to Fund 7042 under this section.	12047

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

12048

The Director of Budget and Management shall transfer cash in	12049
equal monthly increments totaling $171,724,944 in fiscal year 2014	12050
and in equal monthly increments totaling $173,884,776 in fiscal	12051
year 2015 from the Highway Operating Fund (Fund 7002), created in	12052
section 5735.291 of the Revised Code, to the Gasoline Excise Tax	12053
Fund (Fund 7060) created in division (A) of section 5735.27 of the	12054
Revised Code. The monthly amounts transferred under this section	12055
shall be distributed as follows: 42.86 per cent shall be	12056
distributed among the municipal corporations within the state	12057
under division (A)(2) of section 5735.27 of the Revised Code;	12058
37.14 per cent shall be distributed among the counties within the	12059
state under division (A)(3) of section 5735.27 of the Revised	12060
Code; and 20 per cent shall be distributed among the townships	12061
within the state under division (A)(5)(b) of section 5735.27 of	12062
the Revised Code.	12063

Section 512.30. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

12064

On July 1, 2013, and on January 1, 2014, or as soon as	12065
possible thereafter, respectively, the Director of Budget and	12066
Management shall transfer $200,000 in cash, for each period, from	12067
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	12068
General for ODOT Fund (Fund 5FA0).	12069

On July 1, 2014, and on January 1, 2015, or as soon as	12070
possible thereafter, respectively, the Director of Budget and	12071
Management shall transfer $200,000 in cash, for each period, from	12072
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	12073
General for ODOT Fund (Fund 5FA0).	12074

Should additional amounts be necessary, the Inspector	12075
General, with the consent of the Director of Budget and	12076
Management, may seek Controlling Board approval for additional	12077
transfers of cash and to increase the amount appropriated from	12078
appropriation item 965603, Deputy Inspector General for ODOT, in	12079
the amount of the additional transfers.	12080

Section 601.10. That Section 10 of Am. Sub. H.B. 386 of the	12081
129th General Assembly be amended to read as follows:	12082

Sec. 10. ~~The~~To the extent that sufficient cash is available,	12083
within three months after the receipt of moneys into the Casino	12084
Operator Settlement Fund created in section 3772.34 of the Revised	12085
Code, the Director of Budget and Management shall pay one million	12086
dollars ~~by December 31, 2012,~~ to the municipal corporation or	12087
township in which each commercial racetrack is located, including	12088
a municipal corporation or township to which a racetrack is to	12089
relocate as specified in the memorandum of understanding of	12090
February 17, 2012, between the Office of the Governor, State of	12091
Ohio, and Penn National Gaming, Inc., pertaining to racing permit	12092
transfers, but excluding the previous municipal corporation or	12093
township of each moved track and excluding a municipal corporation	12094
or township in a county with a population between 1,100,000 and	12095
1,200,000 in the most recent federal decennial census. ~~The~~	12096
~~Director shall transfer these payments, totaling six million~~	12097
~~dollars, from the Casino Operator Settlement Fund created in~~	12098
~~section 3772.34 of the Revised Code. The Director~~Additionally,	12099
within six months after the first payments made under this	12100
section, the Director of Budget and Management shall pay an	12101
additional one million dollars ~~by June 30, 2013,~~ to each of these	12102
municipal corporations and townships~~, and shall transfer these~~	12103
~~payments, totaling six million dollars, from the Casino Operator~~	12104
~~Settlement Fund. These expenditures are hereby appropriated~~. Each	12105
municipal corporation or township receiving such a payment shall	12106
use at least fifty per cent of the funds received for	12107
infrastructure or capital improvements. If after either of the	12108
payments referenced in this section, a municipal corporation or	12109
township loses a racetrack as a result of the racetrack permit	12110
holder's decision to relocate to another municipal corporation or	12111
township, the municipal corporation or township losing the	12112
racetrack becomes eligible for a payment from the Racetrack	12113
Facility Community Economic Redevelopment Fund provided for in	12114
Sections 7 and 8 of H.B. 386 of the 129th General Assembly. Such a	12115
municipal corporation or township shall not receive more than the	12116
sum of $3 million minus any payments made by the Director of	12117
Budget and Management in accordance with this section. The	12118
Director of Budget and Management is also authorized to establish	12119
any necessary appropriation items in the appropriate funds and	12120
agencies in order to make any payments required under this	12121
section. Any funds in such items are hereby appropriated.	12122

Section 601.11. That existing Section 10 of Am. Sub. H.B. 386	12123
of the 129th General Assembly is hereby repealed.	12124

Section 601.20. That Sections 203.80 and 203.83 of Sub. H.B.	12125
482 of the 129th General Assembly be amended to read as follows:	12126

Sec. 203.80. The items set forth in this section are hereby	12127
appropriated out of any moneys in the state treasury to the credit	12128
of the Ohio Parks and Natural Resources Fund (Fund 7031) that are	12129
not otherwise appropriated.	12130

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	12131

C72549	ODNR Facilities Development	$	500,000	12132
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	250,000	12133
C725E1	NatureWorks Local Park Grants	$	4,790,000	12134
C725E5	Project Planning	$	400,000	12135
C725M0	Dam Rehabilitation - Department	$	~~10,000,000~~ 40,000,000	12136
C725N5	Wastewater/Water Systems Upgrade - Department	$	8,000,000	12137
Total Department of Natural Resources		$	~~23,940,000~~ 53,940,000	12138
TOTAL Ohio Parks and Natural Resources Fund		$	~~23,940,000~~ 53,940,000	12139

Sec. 203.83. The Ohio Public Facilities Commission is hereby	12141
authorized to issue and sell, in accordance with Section 21 of	12142
Article VIII, Ohio Constitution, and Chapter 151. and particularly	12143
sections 151.01 and 151.05 of the Revised Code, original	12144
obligations in an aggregate principal amount not to exceed	12145
$~~23,000,000~~53,000,000 in addition to the original issuance of	12146
obligations heretofore authorized by prior acts of the General	12147
Assembly. These authorized obligations shall be issued, subject to	12148
applicable constitutional and statutory limitations, as needed to	12149
provide sufficient moneys to the credit of the Ohio Parks and	12150
Natural Resources Fund (Fund 7031) to pay costs of capital	12151
facilities as defined in sections 151.01 and 151.05 of the Revised	12152
Code.	12153

Section 601.21. That existing Sections 203.80 and 203.83 of	12154
Sub. H.B. 482 of the 129th General Assembly are hereby repealed.	12155

Section 701.10. The Auditor of State shall conduct a	12156
performance audit of the Department of Transportation. The	12157
Department shall cooperate fully with the Auditor of State in the	12158
conduct of the performance audit.	12159

Section 701.20. To the extent permitted by federal law,	12160
federal money received by the state for fiscal stabilization and	12161
recovery purposes shall be used in accordance with the preferences	12162
for products and services made or performed in the United States	12163
and Ohio established in section 125.09 of the Revised Code.	12164

Section 747.10. On the effective date of the amendments made	12165
to section 4765.02 of the Revised Code by this act, the member of	12166
the renamed State Board of Emergency Medical, Fire, and	12167
Transportation Services who is an administrator of an adult or	12168
pediatric trauma center shall cease to be a member of the Board.	12169
On the effective date of the amendments made to section 4765.02 of	12170
the Revised Code by this act, the member of the renamed State	12171
Board of Emergency Medical, Fire, and Transportation Services who	12172
is a member of the Ohio Ambulance Association shall cease to be a	12173
member of the Board. On the effective date of the amendments made	12174
to section 4765.02 of the Revised Code by this act, the member of	12175
the renamed State Board of Emergency Medical, Fire, and	12176
Transportation Services who is a physician certified by the	12177
American board of surgery, American board of osteopathic surgery,	12178
American osteopathic board of emergency medicine, or American	12179
board of emergency medicine, is chief medical officer of an air	12180
medical agency, and is currently active in providing emergency	12181
medical services shall cease to be a member of the Board. On the	12182
effective date of the amendments made to section 4765.02 of the	12183
Revised Code by this act, of the members of the renamed State	12184
Board of Emergency Medical, Fire, and Transportation Services who	12185
were EMTs, AEMTs, or paramedics and were appointed to the Board in	12186
that capacity, only the members who are designated by the Governor	12187
to continue to be members of the Board shall continue to be so;	12188
the other persons shall cease to be members of the Board. On the	12189
effective date of the amendments made to section 4765.02 of the	12190
Revised Code by this act, the member of the renamed State Board of	12191
Emergency Medical, Fire, and Transportation Services who is a	12192
registered nurse and is in the active practice of emergency	12193
nursing shall cease to be a member of the Board. Not later than	12194
sixty days after the effective date of those amendments, the	12195
Governor shall appoint to the renamed State Board of Emergency	12196
Medical, Fire, and Transportation Services a registered nurse with	12197
EMS certification who performs mobile intensive care or air	12198
medical transport. The Governor shall appoint this member from	12199
among three persons nominated by the Ohio Nurses Association,	12200
three persons nominated by the Ohio Association of Critical Care	12201
Transport, and three persons nominated by the Ohio State Council	12202
of the Emergency Nurses Association.	12203

On the effective date of the amendments made to section	12204
4765.02 of the Revised Code by this act, all members of the former	12205
State Board of Emergency Medical Services who do not cease to be	12206
members of the renamed State Board of Emergency Medical, Fire, and	12207
Transportation Services by the terms of this act shall continue to	12208
be members of the renamed State Board of Emergency Medical, Fire,	12209
and Transportation Services, and the dates on which the terms of	12210
the continuing members expire shall be the dates on which their	12211
terms as members of the former State Board of Emergency Medical	12212
Services expired. On the effective date of the amendments made to	12213
section 4765.02 of the Revised Code by this act, the following	12214
members of the former Ohio Medical Transportation Board shall	12215
become members of the State Board of Emergency Medical, Fire, and	12216
Transportation Services, and the dates on which those members'	12217
terms on the State Board of Emergency Medical, Fire, and	12218
Transportation Services expire shall be as follows:	12219

The person who owns or operates a private emergency medical	12220
service organization operating in this state, as designated by the	12221
Governor, term ends November 12, 2014;	12222

The person who owns or operates a nonemergency medical	12223
service organization that provides only ambulette services, term	12224
ends November 12, 2014;	12225

The person who is a member of the Ohio Association of	12226
Critical Care Transport and represents air-based services, term	12227
ends November 12, 2015;	12228

The person who is a member of the Ohio Association of	12229
Critical Care Transport and represents a ground-based mobile	12230
intensive care unit organization, term ends November 12, 2015.	12231

All subsequent terms of office for these four positions on	12232
the State Board of Emergency Medical, Fire, and Transportation	12233
Services shall be for three years as provided in section 4765.02	12234
of the Revised Code.	12235

On July 1, 2013, the Medical Transportation Board and all of	12236
its functions are transferred to the Department of Public Safety.	12237
As of such date, the Medical Transportation Board shall operate	12238
under the Department of Public Safety, which shall assume all of	12239
the Board's functions. All assets, liabilities, any capital	12240
spending authority related thereto, and equipment and records,	12241
regardless of form or medium, related to the Medical	12242
Transportation Board's functions are transferred to the Department	12243
of Public Safety on July 1, 2013.	12244

No validation, cure, right, privilege, remedy, obligation, or	12245
liability is lost or impaired by reason of the transfer. All of	12246
the Medical Transportation Board's rules, orders, and	12247
determinations continue in effect as rules, orders, and	12248
determinations of the Department of Public Safety until modified	12249
or rescinded by the Department of Public Safety.	12250

No action or proceeding pending on July 1, 2013, is affected	12251
by the transfer and any action or proceeding pending on July 1,	12252
2013, shall be prosecuted or defended in the name of the	12253
Department of Public Safety or its director. In all such actions	12254
and proceedings, the Department of Public Safety or its director,	12255
upon application to the court, shall be substituted as a party.	12256

On or after July 1, 2013, notwithstanding any provision of	12257
law to the contrary, the Director of Budget and Management shall	12258
take any action with respect to budget changes made necessary by	12259
the transfer. The Director may transfer cash balances between	12260
funds. The Director may cancel encumbrances in 915604, Operating	12261
Expenses, and reestablish encumbrances or parts of encumbrances in	12262
765624, Operating - EMS, as needed in the fiscal year in the	12263
appropriate fund and appropriation item for the same purpose and	12264
to the same vendor. As determined by the Director, encumbrances	12265
reestablished in the fiscal year in a different fund or	12266
appropriation item used by an agency or between agencies are	12267
appropriated. The Director shall reduce each year's appropriation	12268
balances by the amount of the encumbrance canceled in their	12269
respective funds and appropriation item. Any unencumbered or	12270
unallocated appropriation balances from the previous fiscal year	12271
may be transferred to the appropriate appropriation item to be	12272
used for the same purposes, as determined by the Director. Any	12273
such transfers are hereby appropriated.	12274

This section is exempt from the referendum under Ohio	12275
Constitution, Article II, Section 1d and section 1.471 of the	12276
Revised Code and therefore takes effect immediately when this act	12277
becomes law.	12278

Section 755.10. The Director of Transportation may enter into	12279
agreements as provided in this section with the United States or	12280
any department or agency of the United States, including, but not	12281
limited to, the United States Army Corps of Engineers, the United	12282
States Forest Service, the United States Environmental Protection	12283
Agency, and the United States Fish and Wildlife Service. An	12284
agreement entered into pursuant to this section shall be solely	12285
for the purpose of dedicating staff to the expeditious and timely	12286
review of environmentally related documents submitted by the	12287
Director of Transportation, as necessary for the approval of	12288
federal permits. The agreements may include provisions for advance	12289
payment by the Director of Transportation for labor and all other	12290
identifiable costs of the United States or any department or	12291
agency of the United States providing the services, as may be	12292
estimated by the United States, or the department or agency of the	12293
United States. The Director shall submit a request to the	12294
Controlling Board indicating the amount of the agreement, the	12295
services to be performed by the United States or the department or	12296
agency of the United States, and the circumstances giving rise to	12297
the agreement.	12298

Section 757.10. Notwithstanding Chapter 5735. of the Revised	12300
Code, the following shall apply for the period of July 1, 2013,	12301
through June 30, 2015:	12302

(A) For the discount under section 5735.06 of the Revised	12303
Code, if the monthly report is timely filed and the tax is timely	12304
paid, one per cent of the total number of gallons of motor fuel	12305
received by the motor fuel dealer within the state during the	12306
preceding calendar month, less the total number of gallons	12307
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	12308
the Revised Code, less one-half of one per cent of the total	12309
number of gallons of motor fuel that were sold to a retail dealer	12310
during the preceding calendar month.	12311

(B) For the semiannual periods ending December 31, 2013, June	12312
30, 2014, December 31, 2014, and June 30, 2015, the refund	12313
provided to retail dealers under section 5735.141 of the Revised	12314
Code shall be one-half of one per cent of the Ohio motor fuel	12315
taxes paid on fuel purchased during those semiannual periods.	12316

Section 757.20. (A) The Department of Taxation shall notify	12317
taxpayers of the requirement to separately identify taxable gross	12318
receipts attributable to motor fuel used for propelling vehicles	12319
on public highways as distinguished from other taxable gross	12320
receipts. The Department shall collect data from taxpayers	12321
affected by the amendments to sections 5751.02, 5751.051, and	12322
5751.20 of the Revised Code to determine which of such taxpayers'	12323
receipts received between December 7, 2012, and June 30, 2013,	12324
were attributable to motor fuel used for propelling vehicles on	12325
public highways.	12326

(B)(1) On or before June 30, 2013, the Tax Commissioner shall	12327
certify to the Director of Budget and Management an estimated	12328
amount of commercial activity tax revenue received between	12329
December 7, 2012, and June 30, 2013, derived from taxable gross	12330
receipts attributable to motor fuel used for propelling vehicles	12331
on public highways. The Director shall transfer the amount so	12332
certified from the General Revenue Fund to the Commercial Activity	12333
Tax Motor Fuel Receipts Fund.	12334

(2) Before the Director of Budget and Management completes	12335
the transfer required under division (B)(2) of section 5751.20 of	12336
the Revised Code on or before November 20, 2013, the Commissioner	12337
shall certify a reconciliation of the amount described in division	12338
(B)(1) of this section to the Director based on information the	12339
Commissioner receives from taxpayers affected by the amendment by	12340
this act of sections 5751.02, 5751.051, and 5751.20 of the Revised	12341
Code. The director shall use that certified, reconciled amount to	12342
offset or augment the transfer required to be made by the Director	12343
on or before November 20, 2013.	12344

Section 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	12345
APPROPRIATIONS	12346

Law contained in the main operating appropriations act of the	12347
130th General Assembly that is generally applicable to the	12348
appropriations made in the main operating appropriations act also	12349
is generally applicable to the appropriations made in this act.	12350

Section 801.20. As used in the uncodified law of this act,	12351
"American Recovery and Reinvestment Act of 2009" means the	12352
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	12353
111-5, 123 Stat. 115.	12354

Section 806.10. The items of law contained in this act, and	12355
their applications, are severable. If any item of law contained in	12356
this act, or if any application of any item of law contained in	12357
this act, is held invalid, the invalidity does not affect other	12358
items of law contained in this act and their applications that can	12359
be given effect without the invalid item or application.	12360

Section 812.10. Except as otherwise provided in this act,	12361
the amendment, enactment, or repeal by this act of a section of	12362
law is subject to the referendum under Ohio Constitution, Article	12363
II, Section 1c and therefore takes effect on the ninety-first day	12364
after this act is filed with the Secretary of State or, if a later	12365
effective date is specified below, on that date.	12366

Section 812.20. In this section, an "appropriation" includes	12367
another provision of law in this act that relates to the subject	12368
of the appropriation.	12369

An appropriation of money made in this act is not subject to	12370
the referendum insofar as a contemplated expenditure authorized	12371
thereby is wholly to meet a current expense within the meaning of	12372
Ohio Constitution, Article II, Section 1d and section 1.471 of the	12373
Revised Code. To that extent, the appropriation takes effect	12374
immediately when this act becomes law. Conversely, the	12375
appropriation is subject to the referendum insofar as a	12376
contemplated expenditure authorized thereby is wholly or partly	12377
not to meet a current expense within the meaning of Ohio	12378
Constitution, Article II, Section 1d and section 1.471 of the	12379
Revised Code. To that extent, the appropriation takes effect on	12380
the ninety-first day after this act is filed with the Secretary of	12381
State.	12382

Section 812.30. The amendment by this act of Section 10 of	12383
Am. Sub. H.B. 386 of the 129th General Assembly goes into	12384
immediate effect.	12385

Section 815.10. The General Assembly, applying the principle	12386
stated in division (B) of section 1.52 of the Revised Code that	12387
amendments are to be harmonized if reasonably capable of	12388
simultaneous operation, finds that the following sections,	12389
presented in this act as composites of the sections as amended by	12390
the acts indicated, are the resulting versions of the sections in	12391
effect prior to the effective date of the sections as presented in	12392
this act:	12393

Section 5739.02 of the Revised Code as amended by both Am.	12394
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	12395

Section 5747.01 of the Revised Code as amended by Am. H.B.	12396
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	12397
General Assembly.	12398

Section 5751.01 of the Revised Code as amended by both Am.	12399
Sub. H.B. 472 and Am. Sub. H.B. 510 of the 129th General Assembly.	12400

Section 5751.20 of the Revised Code as amended by both Am.	12401
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	12402