Sub. H. B. No. 35 As Pending in the House Finance and Appropriations Committee

As Pending in the House Finance and Appropriations Committee

(L# 0011-3)

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 35

Representative McGregor

A BILL

To amend sections 9.33, 126.06, 127.14, 153.01,

153.65, 307.05, 307.051, 307.055, 505.37, 505.375,

505.44, 505.72, 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, 5515.01, 5517.011, 5517.02,

5525.01, 5525.16, 5751.02, 5751.051, and 5751.20;

to enact sections 4501.031 and 5517.021; and to

repeal sections 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, 126.06, 127.14, 153.01,	32
153.65, 307.05, 307.051, 307.055, 505.37, 505.375, 505.44, 505.72,	33
3705.242, 4501.03, 4501.04, 4501.041, 4501.042, 4501.043, 4501.06,	34
4503.42, 4503.45, 4503.49, 4504.19, 4504.21, 4506.08, 4506.09,	35
4507.011, 4507.23, 4508.08, 4511.13, 4513.263, 4513.53, 4513.66,	36
4561.21, 4743.05, 4765.02, 4765.03, 4765.04, 4765.05, 4765.06,	37
4765.07, 4765.08, 4765.09, 4765.10, 4765.101, 4765.102, 4765.11,	38
4765.111, 4765.112, 4765.113, 4765.114, 4765.115, 4765.116,	39
4765.12, 4765.15, 4765.16, 4765.17, 4765.18, 4765.22, 4765.23,	40
4765.28, 4765.29, 4765.30, 4765.31, 4765.32, 4765.33, 4765.37,	41
4765.38, 4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 4765.55,	42
4765.56, 4766.01, 4766.03, 4766.04, 4766.05, 4766.07, 4766.08,	43
4766.09, 4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 4766.22,	44
5501.73, 5501.77, 5502.01, 5503.04, 5515.01, 5517.011, 5517.02,	45
5525.01, 5525.16, 5751.02, 5751.051, and 5751.20 be amended, and	46
sections 4501.031 and 5517.021 of the Revised Code be enacted to	47
read as follows:	48

Sec. 9.33. As used in sections 9.33 to 9.335 of the Revised	49
Code:	50

(A) "Construction manager" means a person with substantial	51
discretion and authority to plan, coordinate, manage, and direct	52
all phases of a project for the construction, demolition,	53
alteration, repair, or reconstruction of any public building,	54
structure, or other improvement, but does not mean the person who	55
provides the professional design services or who actually performs	56
the construction, demolition, alteration, repair, or	57
reconstruction work on the project.	58

(B)(1) "Construction manager at risk" means a person with	59
substantial discretion and authority to plan, coordinate, manage,	60
direct, and construct all phases of a project for the	61
construction, demolition, alteration, repair, or reconstruction of	62
any public building, structure, or other improvement and who	63
provides the public authority a guaranteed maximum price as	64
determined in section 9.334 of the Revised Code.	65

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

(a) "Construct" includes performing, or subcontracting for	67
performing, construction, demolition, alteration, repair, or	68
reconstruction.	69

(b) "Manage" includes approving bidders and awarding	70
subcontracts for furnishing materials regarding, or for	71
performing, construction, demolition, alteration, repair, or	72
reconstruction.	73

(C) "Construction management contract" means a contract	74
between a public authority and another person obligating the	75
person to provide construction management services.	76

(D) "Construction management services" or "management	77
services" means the range of services that either a construction	78
manager or a construction manager at risk may provide.	79

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

(1) Competence to perform the required management services as	81
indicated by the technical training, education, and experience of	82
the construction manager's or construction manager at risk's	83
personnel, especially the technical training, education, and	84
experience of the construction manager's or construction manager	85
at risk's employees who would be assigned to perform the services;	86

(2) Ability in terms of workload and the availability of	87
qualified personnel, equipment, and facilities to perform the	88
required management services competently and expeditiously;	89

(3) Past performance as reflected by the evaluations of	90
previous clients with respect to factors such as control of costs,	91
quality of work, and meeting of deadlines;	92

(4) Financial responsibility as evidenced by the capability	93
to provide a letter of credit pursuant to Chapter 1305. of the	94
Revised Code, a surety bond, certified check, or cashier's check	95
in an amount equal to the value of the construction management	96
contract, or by other means acceptable to the public authority;	97

(5) Other similar factors.

(F)(1) "Public authority" means the state, any state	99
institution of higher education as defined in section 3345.011 of	100
the Revised Code, any county, township, municipal corporation,	101
school district, or other political subdivision, or any public	102
agency, authority, board, commission, instrumentality, or special	103
purpose district of the state or of a political subdivision.	104

(2) "Public authority" does not include the Ohio turnpike	105
commission or the department of transportation.	106

(G) "Open book pricing method" means a method in which a	107
construction manager at risk provides the public authority, at the	108
public authority's request, all books, records, documents, and	109
other data in its possession pertaining to the bidding, pricing,	110
or performance of a construction management contract awarded to	111
the construction manager at risk.	112

Sec. 126.06. The total operating fund consists of all funds	113
in the state treasury except the auto registration distribution	114
fund, local motor vehicle license tax fund, development bond	115
retirement fund, facilities establishment fund, gasoline excise	116
tax fund, higher education improvement fund, highway improvement	117
bond retirement fund, highway obligations bond retirement fund,	118
highway capital improvement fund, improvements bond retirement	119
fund, mental health facilities improvement fund, parks and	120
recreation improvement fund, public improvements bond retirement	121
fund, school district income tax fund, state agency facilities	122
improvement fund, state and local government highway distribution	123
fund, state highway safety fund, Vietnam conflict compensation	124
fund, any other fund determined by the director of budget and	125
management to be a bond fund or bond retirement fund, and such	126
portion of the highway operating fund as is determined by the	127
director of budget and management and the director of	128
transportation to be restricted by Section 5a of Article XII, Ohio	129
Constitution.	130

When determining the availability of money in the total	131
operating fund to pay claims chargeable to a fund contained within	132
the total operating fund, the director of budget and management	133
shall use the same procedures and criteria the director employs in	134
determining the availability of money in a fund contained within	135
the total operating fund. The director may establish limits on the	136
negative cash balance of the general revenue fund within the total	137
operating fund, but in no case shall the negative cash balance of	138
the general revenue fund exceed ten per cent of the total revenue	139
of the general revenue fund in the preceding fiscal year.	140

Sec. 127.14. The controlling board may, at the request of	141
any state agency or the director of budget and management,	142
authorize, with respect to the provisions of any appropriation	143
act:	144

(A) Transfers of all or part of an appropriation within but	145
not between state agencies, except such transfers as the director	146
of budget and management is authorized by law to make, provided	147
that no transfer shall be made by the director for the purpose of	148
effecting new or changed levels of program service not authorized	149
by the general assembly;	150

(B) Transfers of all or part of an appropriation from one	151
fiscal year to another;	152

(C) Transfers of all or part of an appropriation within or	153
between state agencies made necessary by administrative	154
reorganization or by the abolition of an agency or part of an	155
agency;	156

(D) Transfers of all or part of cash balances in excess of	157
needs from any fund of the state to the general revenue fund or to	158
such other fund of the state to which the money would have been	159
credited in the absence of the fund from which the transfers are	160
authorized to be made, except that the controlling board may not	161
authorize such transfers from the accrued leave liability fund,	162
auto registration distribution fund, local motor vehicle license	163
tax fund, budget stabilization fund, development bond retirement	164
fund, facilities establishment fund, gasoline excise tax fund,	165
general revenue fund, higher education improvement fund, highway	166
improvement bond retirement fund, highway obligations bond	167
retirement fund, highway capital improvement fund, highway	168
operating fund, horse racing tax fund, improvements bond	169
retirement fund, public library fund, liquor control fund, local	170
government fund, local transportation improvement program fund,	171
mental health facilities improvement fund, Ohio fairs fund, parks	172
and recreation improvement fund, public improvements bond	173
retirement fund, school district income tax fund, state agency	174
facilities improvement fund, state and local government highway	175
distribution fund, state highway safety fund, state lottery fund,	176
undivided liquor permit fund, Vietnam conflict compensation bond	177
retirement fund, volunteer fire fighters' dependents fund,	178
waterways safety fund, wildlife fund, workers' compensation fund,	179
or any fund not specified in this division that the director of	180
budget and management determines to be a bond fund or bond	181
retirement fund;	182

(E) Transfers of all or part of those appropriations included	183
in the emergency purposes account of the controlling board;	184

(F) Temporary transfers of all or part of an appropriation or	185
other moneys into and between existing funds, or new funds, as may	186
be established by law when needed for capital outlays for which	187
notes or bonds will be issued;	188

(G) Transfer or release of all or part of an appropriation to	189
a state agency requiring controlling board approval of such	190
transfer or release as provided by law;	191

(H) Temporary transfer of funds included in the emergency	192
purposes appropriation of the controlling board. Such temporary	193
transfers may be made subject to conditions specified by the	194
controlling board at the time temporary transfers are authorized.	195
No transfers shall be made under this division for the purpose of	196
effecting new or changed levels of program service not authorized	197
by the general assembly.	198

As used in this section, "request" means an application by a	199
state agency or the director of budget and management seeking some	200
action by the controlling board.	201

When authorizing the transfer of all or part of an	202
appropriation under this section, the controlling board may	203
authorize the transfer to an existing appropriation item and the	204
creation of and transfer to a new appropriation item.	205

Whenever there is a transfer of all or part of funds included	206
in the emergency purposes appropriation by the controlling board,	207
pursuant to division (E) of this section, the state agency or the	208
director of budget and management receiving such transfer shall	209
keep a detailed record of the use of the transferred funds. At the	210
earliest scheduled meeting of the controlling board following the	211
accomplishment of the purposes specified in the request originally	212
seeking the transfer, or following the total expenditure of the	213
transferred funds for the specified purposes, the state agency or	214
the director of budget and management shall submit a report on the	215
expenditure of such funds to the board. The portion of any	216
appropriation so transferred which is not required to accomplish	217
the purposes designated in the original request to the controlling	218
board shall be returned to the proper appropriation of the	219
controlling board at this time.	220

Notwithstanding any provisions of law providing for the	221
deposit of revenues received by a state agency to the credit of a	222
particular fund in the state treasury, whenever there is a	223
temporary transfer of funds included in the emergency purposes	224
appropriation of the controlling board pursuant to division (H) of	225
this section, revenues received by any state agency receiving such	226
a temporary transfer of funds shall, as directed by the	227
controlling board, be transferred back to the emergency purposes	228
appropriation.	229

The board may delegate to the director of budget and	230
management authority to approve transfers among items of	231
appropriation under division (A) of this section.	232

Sec. 153.01. (A) Whenever any building or structure for the	233
use of the state or any institution supported in whole or in part	234
by the state or in or upon the public works of the state that is	235
administered by the Ohio facilities construction commission or by	236
any other state officer or state agency authorized by law to	237
administer a project, including an educational institution listed	238
in section 3345.50 of the Revised Code, is to be erected or	239
constructed, whenever additions, alterations, or structural or	240
other improvements are to be made, or whenever heating, cooling,	241
or ventilating plants or other equipment is to be installed or	242
material supplied therefor, the estimated cost of which amounts to	243
two hundred thousand dollars or more, or the amount determined	244
pursuant to section 153.53 of the Revised Code or more, each	245
officer, board, or other authority upon which devolves the duty of	246
constructing, erecting, altering, or installing the same, referred	247
to in sections 153.01 to 153.60 of the Revised Code as the public	248
authority, shall cause to be made, by an architect or engineer	249
whose contract of employment shall be prepared and approved by the	250
attorney general, the following:	251

(1) Full and accurate plans, suitable for the use of	252
mechanics and other builders in the construction, improvement,	253
addition, alteration, or installation;	254

(2) Details to scale and full-sized, so drawn and represented	255
as to be easily understood;	256

(3) Definite and complete specifications of the work to be	257
performed, together with directions that will enable a competent	258
mechanic or other builder to carry them out and afford bidders all	259
needful information;	260

(4) A full and accurate estimate of each item of expense and	261
the aggregate cost of those items of expense;	262

(5) A life-cycle cost analysis;

263

(6) Further data as may be required by the Ohio facilities	264
construction commission.	265

(B)(1) Division (A) of this section shall not be required	266
with respect to a construction management contract entered into	267
with a construction manager at risk as described in section 9.334	268
of the Revised Code or a design-build contract entered into with a	269
design-build firm as described in section 153.693 of the Revised	270
Code.	271

(2) Nothing in this chapter shall interfere with the power of	272
the director of transportation to prepare plans for, acquire	273
rights-of-way for, construct, or maintain transportation	274
facilities, or to let contracts for those purposes.	275

Sec. 153.65. As used in sections 153.65 to 153.73 of the	276
Revised Code:	277

(A)(1) "Public authority" means the state, a state	278
institution of higher education as defined in section 3345.011 of	279
the Revised Code, a county, township, municipal corporation,	280
school district, or other political subdivision, or any public	281
agency, authority, board, commission, instrumentality, or special	282
purpose district of the state or of a political subdivision.	283

(2) "Public authority" does not include the Ohio turnpike	284
commission or the department of transportation.	285

(B) "Professional design firm" means any person legally	286
engaged in rendering professional design services.	287

(C) "Professional design services" means services within the	288
scope of practice of an architect or landscape architect	289
registered under Chapter 4703. of the Revised Code or a	290
professional engineer or surveyor registered under Chapter 4733.	291
of the Revised Code.	292

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

293

(1)(a) For a professional design firm, competence to perform	294
the required professional design services as indicated by the	295
technical training, education, and experience of the firm's	296
personnel, especially the technical training, education, and	297
experience of the employees within the firm who would be assigned	298
to perform the services;	299

(b) For a design-build firm, competence to perform the	300
required design-build services as indicated by the technical	301
training, education, and experience of the design-build firm's	302
personnel and key consultants, especially the technical training,	303
education, and experience of the employees and consultants of the	304
design-build firm who would be assigned to perform the services,	305
including the proposed architect or engineer of record.	306

(2) Ability of the firm in terms of its workload and the	307
availability of qualified personnel, equipment, and facilities to	308
perform the required professional design services or design-build	309
services competently and expeditiously;	310

(3) Past performance of the firm as reflected by the	311
evaluations of previous clients with respect to such factors as	312
control of costs, quality of work, and meeting of deadlines;	313

(4) Any other relevant factors as determined by the public	314
authority;	315

(5) With respect to a design-build firm, compliance with	316
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	317
including the use of a licensed design professional for all design	318
services.	319

(E) "Design-build contract" means a contract between a public	320
authority and another person that obligates the person to provide	321
design-build services.	322

(F) "Design-build firm" means a person capable of providing	323
design-build services.	324

(G) "Design-build services" means services that form an	325
integrated delivery system for which a person is responsible to a	326
public authority for both the design and construction, demolition,	327
alteration, repair, or reconstruction of a public improvement.	328

(H) "Architect or engineer of record" means the architect or	329
engineer that serves as the final signatory on the plans and	330
specifications for the design-build project.	331

(I) "Criteria architect or engineer" means the architect or	332
engineer retained by a public authority to prepare conceptual	333
plans and specifications, to assist the public authority in	334
connection with the establishment of the design criteria for a	335
design-build project, and, if requested by the public authority,	336
to serve as the representative of the public authority and	337
provide, during the design-build project, other design and	338
construction administration services on behalf of the public	339
authority, including but not limited to, confirming that the	340
design prepared by the design-build firm reflects the original	341
design intent established in the design criteria package.	342

(J) "Open book pricing method" means a method in which a	343
design-build firm provides the public authority, at the public	344
authority's request, all books, records, documents, contracts,	345
subcontracts, purchase orders, and other data in its possession	346
pertaining to the bidding, pricing, or performance of a contract	347
for design-build services awarded to the design-build firm.	348

Sec. 307.05. As used in this section, "emergency medical	349
service organization" has the same meaning as in section 4765.01	350
of the Revised Code.	351

A board of county commissioners may operate an ambulance	352
service organization or emergency medical service organization,	353
or, in counties with a population of forty thousand or less, may	354
operate a nonemergency patient transport service organization, or	355
may enter into a contract with one or more counties, townships,	356
municipal corporations, nonprofit corporations, joint emergency	357
medical services districts, fire and ambulance districts, or	358
private ambulance owners, regardless of whether such counties,	359
townships, municipal corporations, nonprofit corporations, joint	360
emergency medical services districts, fire and ambulance	361
districts, or private ambulance owners are located within or	362
without the state, in order to furnish or obtain the services of	363
ambulance service organizations, to furnish or obtain additional	364
services from ambulance service organizations in times of	365
emergency, to furnish or obtain the services of emergency medical	366
service organizations, or, in counties with a population of forty	367
thousand or less, to furnish or obtain services of nonemergency	368
patient transport service organizations, or may enter into a	369
contract with any such entity to furnish or obtain the interchange	370
of services from ambulance or emergency medical service	371
organizations, or, within counties with a population of forty	372
thousand or less, to furnish or obtain the interchange of services	373
from nonemergency patient transport service organizations, within	374
the territories of the contracting subdivisions. Except in the	375
case of a contract with a joint emergency medical services	376
district to obtain the services of emergency medical service	377
organizations, such contracts shall not be entered into with a	378
public agency or nonprofit corporation that receives more than	379
half of its operating funds from governmental entities with the	380
intention of directly competing with the operation of other	381
ambulance service organizations, nonemergency patient transport	382
service organizations, or emergency medical service organizations	383
in the county unless the public agency or nonprofit corporation is	384
awarded the contract after submitting the lowest and best bid to	385
the board of county commissioners. Any county wishing to commence	386
operation of a nonemergency patient transport service organization	387
or wishing to enter into a contract for the first time to furnish	388
or obtain services from a nonemergency patient transport service	389
organization on or after March 1, 1993, including a county in	390
which a private provider has been providing the service, shall	391
demonstrate the need for public funding for the service to, and	392
obtain approval from, the state board of emergency medical, fire,	393
and transportation services or its immediate successor board prior	394
to operating or funding the organization.	395

When such an organization is operated by the board, the	396
organization may be administered by the board, by the county	397
sheriff, or by another county officer or employee designated by	398
the board. All rules, including the determining of reasonable	399
rates, necessary for the establishment, operation, and maintenance	400
of such an organization shall be adopted by the board.	401

A contract for services of an ambulance service, nonemergency	402
patient transport service, or emergency medical service	403
organization shall include the terms, conditions, and stipulations	404
as agreed to by the parties to the contract. It may provide for a	405
fixed annual charge to be paid at the times agreed upon and	406
stipulated in the contract, or for compensation based upon a	407
stipulated price for each run, call, or emergency or the number of	408
persons or pieces of apparatus employed, or the elapsed time of	409
service required in such run, call, or emergency, or any	410
combination thereof.	411

Sec. 307.051. As used in this section, "emergency medical	412
service organization" has the same meaning as in section 4766.01	413
of the Revised Code.	414

A board of county commissioners, by adoption of an	415
appropriate resolution, may choose to have the ~~Ohio~~state board of	416
emergency medical, fire, and transportation ~~board~~services license	417
any emergency medical service organization it operates. If a board	418
adopts such a resolution, Chapter 4766. of the Revised Code,	419
except for sections 4766.06 and 4766.99 of the Revised Code,	420
applies to the county emergency medical service organization. All	421
rules adopted under the applicable sections of that chapter also	422
apply to the organization. A board, by adoption of an appropriate	423
resolution, may remove its emergency medical service organization	424
from the jurisdiction of the ~~Ohio~~state board of emergency	425
medical, fire, and transportation ~~board~~services.	426

Sec. 307.055. (A) Subject to the terms and conditions of the	427
joint resolution creating it, each joint emergency medical	428
services district may furnish ambulance services and emergency	429
medical services by one of the following methods:	430

(1) By operating an emergency medical service organization as	431
defined in section 4765.01 of the Revised Code;	432

(2) By contracting for the operation of one or more	433
facilities pursuant to division (C) or (D) of this section;	434

(3) By providing necessary services and equipment to the	435
district either directly or under a contract entered into pursuant	436
to division (B) of this section;	437

(4) By providing service through any combination of methods	438
described in divisions (A)(1) to (3) of this section.	439

(B) In order to obtain ambulance service, to obtain	440
additional ambulance service in times of emergency, or to obtain	441
emergency medical services, a joint emergency medical services	442
district may enter into a contract, for a period not to exceed	443
three years, with one or more counties, townships, municipal	444
corporations, joint fire districts, other governmental units that	445
provide ambulance service or emergency medical services, nonprofit	446
corporations, or private ambulance owners, regardless of whether	447
the entities contracted with are located within or outside this	448
state, upon such terms as are agreed to, to furnish or receive	449
ambulance services or the interchange of ambulance services or	450
emergency medical services within the several territories of the	451
contracting subdivisions, if the contract is first authorized by	452
all boards of trustees and legislative authorities in the	453
territories to be served.	454

Such a contract may provide for a fixed annual charge to be	455
paid at the times agreed upon and stipulated in the contract; or	456
for compensation based on a stipulated price for each run, call,	457
or emergency or based on the elapsed time of service required for	458
each run, call, or emergency, or based on any combination of	459
these.	460

Expenditures of a district for ambulance service or emergency	461
medical service, whether pursuant to contract or otherwise, are	462
lawful expenditures, regardless of whether the district or the	463
party with which it contracts charges an additional fee to users	464
of the service.	465

(C) The board of trustees may enter into a contract with any	466
person, municipal corporation, township, or other political	467
subdivision, and any political subdivision may contract with the	468
board, for the operation and maintenance of emergency medical	469
services facilities regardless of whether the facilities used are	470
owned or leased by the district, by another political subdivision,	471
or by the contractor.	472

(D) The district may purchase, lease, and maintain all	473
materials, buildings, land, and equipment, including vehicles, the	474
board considers necessary for the district.	475

When the board finds, by resolution, that the district has	476
personal property that is not needed for public use, or is	477
obsolete or unfit for the use for which it was acquired, the board	478
may dispose of the property in the same manner as provided in	479
section 307.12 of the Revised Code.	480

(E) Except in the case of a contract with a board of county	481
commissioners for the provision of services of an emergency	482
medical service organization, any contract entered into by a joint	483
emergency medical services district shall conform to the same	484
bidding requirements that apply to county contracts under sections	485
307.86 to 307.92 of the Revised Code.	486

(F) A county participating in a joint district may contribute	487
any of its rights or interests in real or personal property,	488
including money, and may contribute services to the district. Any	489
such contributions shall be made by a written agreement between	490
the contributing county and the district, specifying the	491
contribution as well as the rights of the participating counties	492
in the contributed property. Written agreements shall also be	493
prepared specifying the rights of participating counties in	494
property acquired by the district other than by contribution of a	495
participating county. Written agreements required by this division	496
may be amended only by written agreement of all parties to the	497
original agreement.	498

(G) A district's board of trustees, by adoption of an	499
appropriate resolution, may choose to have the ~~Ohio~~state board of	500
emergency medical, fire, and transportation ~~board~~services license	501
any emergency medical service organization the district operates.	502
If a board adopts such a resolution, Chapter 4766. of the Revised	503
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	504
applies to the district emergency medical service organization.	505
All rules adopted under the applicable sections of that chapter	506
also apply to the organization. A board, by adoption of an	507
appropriate resolution, may remove the district emergency medical	508
service organization from the jurisdiction of the ~~Ohio~~state board	509
of emergency medical, fire, and transportation ~~board~~services.	510

Sec. 505.37. (A) The board of township trustees may	511
establish all necessary rules to guard against the occurrence of	512
fires and to protect the property and lives of the citizens	513
against damage and accidents, and may, with the approval of the	514
specifications by the prosecuting attorney or, if the township has	515
adopted limited home rule government under Chapter 504. of the	516
Revised Code, with the approval of the specifications by the	517
township's law director, purchase, lease, lease with an option to	518
purchase, or otherwise provide any fire apparatus, mechanical	519
resuscitators, or other equipment, appliances, materials, fire	520
hydrants, and water supply for fire-fighting purposes that seems	521
advisable to the board. The board shall provide for the care and	522
maintenance of fire equipment, and, for these purposes, may	523
purchase, lease, lease with an option to purchase, or construct	524
and maintain necessary buildings, and it may establish and	525
maintain lines of fire-alarm communications within the limits of	526
the township. The board may employ one or more persons to maintain	527
and operate fire-fighting equipment, or it may enter into an	528
agreement with a volunteer fire company for the use and operation	529
of fire-fighting equipment. The board may compensate the members	530
of a volunteer fire company on any basis and in any amount that it	531
considers equitable.	532

When the estimated cost to purchase fire apparatus,	533
mechanical resuscitators, other equipment, appliances, materials,	534
fire hydrants, buildings, or fire-alarm communications equipment	535
or services exceeds fifty thousand dollars, the contract shall be	536
let by competitive bidding. When competitive bidding is required,	537
the board shall advertise once a week for not less than two	538
consecutive weeks in a newspaper of general circulation within the	539
township. The board may also cause notice to be inserted in trade	540
papers or other publications designated by it or to be distributed	541
by electronic means, including posting the notice on the board's	542
internet web site. If the board posts the notice on its web site,	543
it may eliminate the second notice otherwise required to be	544
published in a newspaper of general circulation within the	545
township, provided that the first notice published in such	546
newspaper meets all of the following requirements:	547

(1) It is published at least two weeks before the opening of	548
bids.	549

(2) It includes a statement that the notice is posted on the	550
board's internet web site.	551

(3) It includes the internet address of the board's internet	552
web site.	553

(4) It includes instructions describing how the notice may be	554
accessed on the board's internet web site.	555

The advertisement shall include the time, date, and place	556
where the clerk of the township, or the clerk's designee, will	557
read bids publicly. The time, date, and place of bid openings may	558
be extended to a later date by the board of township trustees,	559
provided that written or oral notice of the change shall be given	560
to all persons who have received or requested specifications not	561
later than ninety-six hours prior to the original time and date	562
fixed for the opening. The board may reject all the bids or accept	563
the lowest and best bid, provided that the successful bidder meets	564
the requirements of section 153.54 of the Revised Code when the	565
contract is for the construction, demolition, alteration, repair,	566
or reconstruction of an improvement.	567

(B) The boards of township trustees of any two or more	568
townships, or the legislative authorities of any two or more	569
political subdivisions, or any combination of these, may, through	570
joint action, unite in the joint purchase, lease, lease with an	571
option to purchase, maintenance, use, and operation of	572
fire-fighting equipment, or for any other purpose designated in	573
sections 505.37 to 505.42 of the Revised Code, and may prorate the	574
expense of the joint action on any terms that are mutually agreed	575
upon.	576

(C) The board of township trustees of any township may, by	577
resolution, whenever it is expedient and necessary to guard	578
against the occurrence of fires or to protect the property and	579
lives of the citizens against damages resulting from their	580
occurrence, create a fire district of any portions of the township	581
that it considers necessary. The board may purchase, lease, lease	582
with an option to purchase, or otherwise provide any fire	583
apparatus, appliances, materials, fire hydrants, and water supply	584
for fire-fighting purposes, or may contract for the fire	585
protection for the fire district as provided in section 9.60 of	586
the Revised Code. The fire district so created shall be given a	587
separate name by which it shall be known.	588

Additional unincorporated territory of the township may be	589
added to a fire district upon the board's adoption of a resolution	590
authorizing the addition. A municipal corporation that is within	591
or adjoining the township may be added to a fire district upon the	592
board's adoption of a resolution authorizing the addition and the	593
municipal legislative authority's adoption of a resolution or	594
ordinance requesting the addition of the municipal corporation to	595
the fire district.	596

If the township fire district imposes a tax, additional	597
unincorporated territory of the township or a municipal	598
corporation that is within or adjoining the township shall become	599
part of the fire district only after all of the following have	600
occurred:	601

(1) Adoption by the board of township trustees of a	602
resolution approving the expansion of the territorial limits of	603
the district and, if the resolution proposes to add a municipal	604
corporation, adoption by the municipal legislative authority of a	605
resolution or ordinance requesting the addition of the municipal	606
corporation to the district;	607

(2) Adoption by the board of township trustees of a	608
resolution recommending the extension of the tax to the additional	609
territory;	610

(3) Approval of the tax by the electors of the territory	611
proposed for addition to the district.	612

Each resolution of the board adopted under division (C)(2) of	613
this section shall state the name of the fire district, a	614
description of the territory to be added, and the rate and	615
termination date of the tax, which shall be the rate and	616
termination date of the tax currently in effect in the fire	617
district.	618

The board of trustees shall certify each resolution adopted	619
under division (C)(2) of this section to the board of elections in	620
accordance with section 5705.19 of the Revised Code. The election	621
required under division (C)(3) of this section shall be held,	622
canvassed, and certified in the manner provided for the submission	623
of tax levies under section 5705.25 of the Revised Code, except	624
that the question appearing on the ballot shall read:	625

"Shall the territory within ........................	626
(description of the proposed territory to be added) be added to	627
........................ (name) fire district, and a property tax	628
at a rate of taxation not exceeding ...... (here insert tax rate)	629
be in effect for .......... (here insert the number of years the	630
tax is to be in effect or "a continuing period of time," as	631
applicable)?"	632

If the question is approved by at least a majority of the	633
electors voting on it, the joinder shall be effective as of the	634
first day of July of the year following approval, and on that	635
date, the township fire district tax shall be extended to the	636
taxable property within the territory that has been added. If the	637
territory that has been added is a municipal corporation and if it	638
had adopted a tax levy for fire purposes, the levy is terminated	639
on the effective date of the joinder.	640

Any municipal corporation may withdraw from a township fire	641
district created under division (C) of this section by the	642
adoption by the municipal legislative authority of a resolution or	643
ordinance ordering withdrawal. On the first day of July of the	644
year following the adoption of the resolution or ordinance of	645
withdrawal, the municipal corporation withdrawing ceases to be a	646
part of the district, and the power of the fire district to levy a	647
tax upon taxable property in the withdrawing municipal corporation	648
terminates, except that the fire district shall continue to levy	649
and collect taxes for the payment of indebtedness within the	650
territory of the fire district as it was composed at the time the	651
indebtedness was incurred.	652

Upon the withdrawal of any municipal corporation from a	653
township fire district created under division (C) of this section,	654
the county auditor shall ascertain, apportion, and order a	655
division of the funds on hand, moneys and taxes in the process of	656
collection except for taxes levied for the payment of	657
indebtedness, credits, and real and personal property, either in	658
money or in kind, on the basis of the valuation of the respective	659
tax duplicates of the withdrawing municipal corporation and the	660
remaining territory of the fire district.	661

A board of township trustees may remove unincorporated	662
territory of the township from the fire district upon the adoption	663
of a resolution authorizing the removal. On the first day of July	664
of the year following the adoption of the resolution, the	665
unincorporated township territory described in the resolution	666
ceases to be a part of the district, and the power of the fire	667
district to levy a tax upon taxable property in that territory	668
terminates, except that the fire district shall continue to levy	669
and collect taxes for the payment of indebtedness within the	670
territory of the fire district as it was composed at the time the	671
indebtedness was incurred.	672

(D) The board of township trustees of any township, the board	673
of fire district trustees of a fire district created under section	674
505.371 of the Revised Code, or the legislative authority of any	675
municipal corporation may purchase, lease, or lease with an option	676
to purchase the necessary fire-fighting equipment, buildings, and	677
sites for the township, fire district, or municipal corporation	678
and issue securities for that purpose with maximum maturities as	679
provided in section 133.20 of the Revised Code. The board of	680
township trustees, board of fire district trustees, or legislative	681
authority may also construct any buildings necessary to house	682
fire-fighting equipment and issue securities for that purpose with	683
maximum maturities as provided in section 133.20 of the Revised	684
Code.	685

The board of township trustees, board of fire district	686
trustees, or legislative authority may issue the securities of the	687
township, fire district, or municipal corporation, signed by the	688
board or designated officer of the municipal corporation and	689
attested by the signature of the township fiscal officer, fire	690
district clerk, or municipal clerk, covering any deferred payments	691
and payable at the times provided, which securities shall bear	692
interest not to exceed the rate determined as provided in section	693
9.95 of the Revised Code, and shall not be subject to Chapter 133.	694
of the Revised Code. The legislation authorizing the issuance of	695
the securities shall provide for levying and collecting annually	696
by taxation, amounts sufficient to pay the interest on and	697
principal of the securities. The securities shall be offered for	698
sale on the open market or given to the vendor or contractor if no	699
sale is made.	700

Section 505.40 of the Revised Code does not apply to any	701
securities issued, or any lease with an option to purchase entered	702
into, in accordance with this division.	703

(E) A board of township trustees of any township or a board	704
of fire district trustees of a fire district created under section	705
505.371 of the Revised Code may purchase a policy or policies of	706
liability insurance for the officers, employees, and appointees of	707
the fire department, fire district, or joint fire district	708
governed by the board that includes personal injury liability	709
coverage as to the civil liability of those officers, employees,	710
and appointees for false arrest, detention, or imprisonment,	711
malicious prosecution, libel, slander, defamation or other	712
violation of the right of privacy, wrongful entry or eviction, or	713
other invasion of the right of private occupancy, arising out of	714
the performance of their duties.	715

When a board of township trustees cannot, by deed of gift or	716
by purchase and upon terms it considers reasonable, procure land	717
for a township fire station that is needed in order to respond in	718
reasonable time to a fire or medical emergency, the board may	719
appropriate land for that purpose under sections 163.01 to 163.22	720
of the Revised Code. If it is necessary to acquire additional	721
adjacent land for enlarging or improving the fire station, the	722
board may purchase, appropriate, or accept a deed of gift for the	723
land for these purposes.	724

(F) As used in this division, "emergency medical service	725
organization" has the same meaning as in section 4766.01 of the	726
Revised Code.	727

A board of township trustees, by adoption of an appropriate	728
resolution, may choose to have the ~~Ohio~~state board of emergency	729
medical, fire, and transportation ~~board~~services license any	730
emergency medical service organization it operates. If the board	731
adopts such a resolution, Chapter 4766. of the Revised Code,	732
except for sections 4766.06 and 4766.99 of the Revised Code,	733
applies to the organization. All rules adopted under the	734
applicable sections of that chapter also apply to the	735
organization. A board of township trustees, by adoption of an	736
appropriate resolution, may remove its emergency medical service	737
organization from the jurisdiction of the ~~Ohio~~state board of	738
emergency medical, fire, and transportation ~~board~~services.	739

Sec. 505.375. (A)(1)(a) The boards of township trustees of	740
one or more townships and the legislative authorities of one or	741
more municipal corporations, or the legislative authorities of two	742
or more municipal corporations, or the boards of township trustees	743
of two or more townships, may negotiate an agreement to form a	744
fire and ambulance district for the delivery of both fire and	745
ambulance services. The agreement shall be ratified by the	746
adoption of a joint resolution by a majority of the members of	747
each board of township trustees involved and a majority of the	748
members of the legislative authority of each municipal corporation	749
involved. The joint resolution shall specify a date on which the	750
fire and ambulance district shall come into being.	751

(b) If a joint fire district created under section 505.371 of	752
the Revised Code or a joint ambulance district created under	753
section 505.71 of the Revised Code is dissolved to facilitate the	754
creation of a fire and ambulance district under division (A)(1)(a)	755
of this section, the townships and municipal corporations forming	756
the fire and ambulance district may transfer to the fire and	757
ambulance district any of the funds on hand, moneys and taxes in	758
the process of collection, credits, and real and personal property	759
apportioned to them under division (D) of section 505.371 of the	760
Revised Code or section 505.71 of the Revised Code, as applicable,	761
for use by the fire and ambulance district in accordance with this	762
section.	763

(2)(a) The board of trustees of a joint ambulance district	764
created under section 505.71 of the Revised Code and the board of	765
fire district trustees of a joint fire district created under	766
section 505.371 of the Revised Code may negotiate to combine their	767
two joint districts into a single fire and ambulance district for	768
the delivery of both fire and ambulance services, if the	769
geographic area covered by the combining joint districts is	770
exactly the same. Both boards shall adopt a joint resolution	771
ratifying the agreement and setting a date on which the fire and	772
ambulance district shall come into being.	773

(b) On that date, the joint fire district and the joint	774
ambulance district shall cease to exist, and the power of each to	775
levy a tax upon taxable property shall terminate, except that any	776
levy of a tax for the payment of indebtedness within the territory	777
of the joint fire or joint ambulance district as it was composed	778
at the time the indebtedness was incurred shall continue to be	779
collected by the successor fire and ambulance district if the	780
indebtedness remains unpaid. All funds and other property of the	781
joint districts shall become the property of the fire and	782
ambulance district, unless otherwise provided in the negotiated	783
agreement. The agreement shall provide for the settlement of all	784
debts and obligations of the joint districts.	785

(B)(1) The governing body of a fire and ambulance district	786
created under division (A)(1) or (2) of this section shall be a	787
board of trustees of at least three but no more than nine members,	788
appointed as provided in the agreement creating the district.	789
Members of the board may be compensated at a rate not to exceed	790
thirty dollars per meeting for not more than fifteen meetings per	791
year, and may be reimbursed for all necessary expenses incurred,	792
as provided in the agreement creating the district.	793

(2) The board shall employ a clerk and other employees as it	794
considers best, including a fire chief or fire prevention	795
officers, and shall fix their compensation. Neither this section	796
nor any other section of the Revised Code requires, or shall be	797
construed to require, that the fire chief of a fire and ambulance	798
district be a resident of the district.	799

Before entering upon the duties of office, the clerk shall	800
execute a bond, in the amount and with surety to be approved by	801
the board, payable to the state, conditioned for the faithful	802
performance of all of the clerk's official duties. The clerk shall	803
deposit the bond with the presiding officer of the board, who	804
shall file a copy of it, certified by the presiding officer, with	805
the county auditor of the county containing the most territory in	806
the district.	807

The board also shall provide for the appointment of a fiscal	808
officer for the district and may enter into agreements with	809
volunteer fire companies for the use and operation of	810
fire-fighting equipment. Volunteer firefighters acting under such	811
an agreement are subject to the requirements for volunteer	812
firefighters set forth in division (A) of section 505.38 of the	813
Revised Code.	814

(3) Employees of the district shall not be removed from	815
office except as provided by sections 733.35 to 733.39 of the	816
Revised Code, except that, to initiate removal proceedings, the	817
board shall designate a private citizen or, if the employee is	818
employed as a firefighter, the board may designate the fire chief,	819
to investigate, conduct the proceedings, and prepare the necessary	820
charges in conformity with those sections, and except that the	821
board shall perform the functions and duties specified for the	822
municipal legislative authority under those sections. The board	823
may pay reasonable compensation to any private citizen hired for	824
services rendered in the matter.	825

(4) No person shall be appointed as a permanent full-time	826
paid member of the district whose duties include fire fighting, or	827
be appointed as a volunteer firefighter, unless that person has	828
received a certificate issued under former section 3303.07 or	829
section 4765.55 of the Revised Code evidencing satisfactory	830
completion of a firefighter training program. The board may send	831
its officers and firefighters to schools of instruction designed	832
to promote the efficiency of firefighters and, if authorized in	833
advance, may pay their necessary expenses from the funds used for	834
the maintenance and operation of the district.	835

The board may choose, by adoption of an appropriate	836
resolution, to have the ~~Ohio~~state board of emergency medical,	837
fire, and transportation ~~board~~services license any emergency	838
medical service organization it operates. If the board adopts such	839
a resolution, Chapter 4766. of the Revised Code, except for	840
sections 4766.06 and 4766.99 of the Revised Code, applies to the	841
organization. All rules adopted under the applicable sections of	842
that chapter also apply to the organization. The board may remove,	843
by resolution, its emergency medical service organization from the	844
jurisdiction of the ~~Ohio~~state board of emergency medical, fire,	845
and transportation ~~board~~services.	846

(C) The board of trustees of a fire and ambulance district	847
created under division (A)(1) or (2) of this section may exercise	848
the following powers:	849

(1) Purchase or otherwise provide any fire apparatus,	850
mechanical resuscitators, or other fire or ambulance equipment,	851
appliances, or materials; fire hydrants; and water supply for	852
firefighting purposes that seems advisable to the board;	853

(2) Provide for the care and maintenance of equipment and,	854
for that purpose, purchase, lease, lease with an option to	855
purchase, or construct and maintain necessary buildings;	856

(3) Establish and maintain lines of fire-alarm communications	857
within the limits of the district;	858

(4) Appropriate land for a fire station or medical emergency	859
unit needed in order to respond in reasonable time to a fire or	860
medical emergency, in accordance with Chapter 163. of the Revised	861
Code;	862

(5) Purchase, appropriate, or accept a deed or gift of land	863
to enlarge or improve a fire station or medical emergency unit;	864

(6) Purchase, lease, lease with an option to purchase,	865
maintain, and use all materials, equipment, vehicles, buildings,	866
and land necessary to perform its duties;	867

(7) Contract for a period not to exceed three years with one	868
or more townships, municipal corporations, counties, joint fire	869
districts, joint ambulance districts, governmental agencies,	870
nonprofit corporations, or private ambulance owners located either	871
within or outside the state, to furnish or receive ambulance	872
services or emergency medical services within the several	873
territories of the contracting parties, if the contract is first	874
authorized by all boards of trustees and legislative authorities	875
concerned;	876

(8) Establish reasonable charges for the use of ambulance or	877
emergency medical services under the same conditions under which a	878
board of fire district trustees may establish those charges under	879
section 505.371 of the Revised Code;	880

(9) Establish all necessary rules to guard against the	881
occurrence of fires and to protect property and lives against	882
damage and accidents;	883

(10) Adopt a standard code pertaining to fire, fire hazards,	884
and fire prevention prepared and promulgated by the state or by a	885
public or private organization that publishes a model or standard	886
code;	887

(11) Provide for charges for false alarms at commercial	888
establishments in the same manner as joint fire districts are	889
authorized to do under section 505.391 of the Revised Code;	890

(12) Issue bonds and other evidences of indebtedness, subject	891
to Chapter 133. of the Revised Code, but only after approval by a	892
vote of the electors of the district as provided by section 133.18	893
of the Revised Code;	894

(13) To provide the services and equipment it considers	895
necessary, levy a sufficient tax, subject to Chapter 5705. of the	896
Revised Code, on all the taxable property in the district.	897

(D) Any municipal corporation or township may join an	898
existing fire and ambulance district, whether created under	899
division (A)(1) or (2) of this section, by its legislative	900
authority's adoption of a resolution requesting the membership and	901
upon approval of the board of trustees of the district. Any	902
municipal corporation or township may withdraw from a district,	903
whether created under division (A)(1) or (2) of this section, by	904
its legislative authority's adoption of a resolution ordering	905
withdrawal. Upon its withdrawal, the municipal corporation or	906
township ceases to be a part of the district, and the district's	907
power to levy a tax on taxable property in the withdrawing	908
township or municipal corporation terminates, except that the	909
district shall continue to levy and collect taxes for the payment	910
of indebtedness within the territory of the district as it was	911
composed at the time the indebtedness was incurred.	912

Upon the withdrawal of any township or municipal corporation	913
from a district, the county auditor of the county containing the	914
most territory in the district shall ascertain, apportion, and	915
order a division of the funds on hand, including funds in the	916
ambulance and emergency medical services fund, moneys and taxes in	917
the process of collection, except for taxes levied for the payment	918
of indebtedness, credits, and real and personal property on the	919
basis of the valuation of the respective tax duplicates of the	920
withdrawing municipal corporation or township and the remaining	921
territory of the district.	922

(E) As used in this section:

923

(1) "Governmental agency" includes all departments, boards,	924
offices, commissions, agencies, colleges, universities,	925
institutions, and other instrumentalities of this or another	926
state.	927

(2) "Emergency medical service organization" has the same	928
meaning as in section 4766.01 of the Revised Code.	929

Sec. 505.44. As used in this section:

930

(A) "Emergency medical service organization" has the same	931
meaning as in section 4765.01 of the Revised Code.	932

(B) "State agency" means all departments, boards, offices,	933
commissions, agencies, colleges, universities, institutions, and	934
other instrumentalities of this or another state.	935

In order to obtain the services of ambulance service	936
organizations, to obtain additional services from ambulance	937
service organizations in times of emergency, to obtain the	938
services of emergency medical service organizations, or, if the	939
township is located in a county with a population of forty	940
thousand or less, to obtain the services of nonemergency patient	941
transport service organizations, a township may enter into a	942
contract with one or more state agencies, townships, municipal	943
corporations, counties, nonprofit corporations, joint emergency	944
medical services districts, fire and ambulance districts, or	945
private ambulance owners, regardless of whether such state	946
agencies, townships, municipal corporations, counties, nonprofit	947
corporations, joint emergency medical services districts, fire and	948
ambulance districts, or private ambulance owners are located	949
within or outside the state, upon such terms as are agreed to by	950
them, to furnish or receive services from ambulance or emergency	951
medical service organizations or, if the township is located in a	952
county with a population of forty thousand or less, to furnish or	953
receive services from nonemergency patient transport service	954
organizations, or may enter into a contract for the interchange of	955
services from ambulance or emergency medical service organizations	956
or, if the township is located in a county with a population of	957
forty thousand or less, the interchange of services from	958
nonemergency patient transport service organizations, within the	959
several territories of the contracting parties, if the contract is	960
first authorized by the respective boards of township trustees,	961
the other legislative bodies, or the officer or body authorized to	962
contract on behalf of the state agency. Such contracts shall not	963
be entered into with a state agency or nonprofit corporation that	964
receives more than half of its operating funds from governmental	965
entities with the intention of directly competing with the	966
operation of other ambulance, emergency medical, or nonemergency	967
patient transport service organizations in the township unless the	968
state agency or nonprofit corporation is awarded the contract	969
after submitting the lowest and best bid to the board of township	970
trustees.	971

The contract may provide for compensation upon such terms as	972
the parties may agree.	973

Any township wishing to commence providing or wishing to	974
enter into a contract for the first time to furnish or obtain	975
services from nonemergency patient transport service organizations	976
on or after March 1, 1993, including a township in which a private	977
provider has been providing the service, shall demonstrate the	978
need for public funding for the service to, and obtain approval	979
from, the state board of emergency medical, fire, and	980
transportation services or its immediate successor board prior to	981
the establishment of a township-operated or township-funded	982
service.	983

Sec. 505.72. (A) The board of trustees of a joint ambulance	984
district shall provide for the employment of such employees as it	985
considers best, and shall fix their compensation. Such employees	986
shall continue in office until removed as provided by sections	987
733.35 to 733.39 of the Revised Code. To initiate removal	988
proceedings, and for such purpose, the board shall designate a	989
private citizen to investigate the conduct and prepare the	990
necessary charges in conformity with sections 733.35 to 733.39 of	991
the Revised Code. The board may pay reasonable compensation to	992
such person for the person's services.	993

In case of the removal of an employee of the district, an	994
appeal may be had from the decision of the board to the court of	995
common pleas of the county in which such district, or part of it,	996
is situated, to determine the sufficiency of the cause of removal.	997
Such appeal from the findings of the board shall be taken within	998
ten days.	999

(B) As used in this division, "emergency medical service	1000
organization" has the same meaning as in section 4765.01 of the	1001
Revised Code.	1002

(1) In order to obtain the services of ambulance service	1003
organizations, to obtain additional services from ambulance	1004
service organizations in times of emergency, or to obtain the	1005
services of emergency medical service organizations, a district	1006
may enter into a contract, for a period not to exceed three years,	1007
with one or more townships, municipal corporations, joint fire	1008
districts, nonprofit corporations, any other governmental unit	1009
that provides ambulance services or emergency medical services, or	1010
with private ambulance owners, regardless of whether such	1011
townships, municipal corporations, joint fire districts, nonprofit	1012
corporations, governmental unit, or private ambulance owners are	1013
located within or without this state, upon such terms as are	1014
agreed to, to furnish or receive services from ambulance or	1015
emergency medical service organizations or the interchange of	1016
services from ambulance or emergency medical service organizations	1017
within the several territories of the contracting subdivisions, if	1018
such contract is first authorized by all boards of trustees and	1019
legislative authorities concerned.	1020

The contract may provide for a fixed annual charge to be paid	1021
at the times agreed upon and stipulated in the contract, or for	1022
compensation based upon a stipulated price for each run, call, or	1023
emergency, or the elapsed time of service required in such run,	1024
call, or emergency, or any combination thereof.	1025

(2) Expenditures of a district for the services of ambulance	1026
service organizations or emergency medical service organizations,	1027
whether pursuant to contract or otherwise, are lawful	1028
expenditures, regardless of whether the district or the party with	1029
which it contracts charges additional fees to users of the	1030
services.	1031

(3) A district's board of trustees, by adoption of an	1032
appropriate resolution, may choose to have the ~~Ohio~~state board of	1033
emergency medical, fire, and transportation ~~board~~services license	1034
any emergency medical service organization the district operates.	1035
If a board adopts such a resolution, Chapter 4766. of the Revised	1036
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	1037
applies to the district emergency medical service organization.	1038
All rules adopted under the applicable sections of that chapter	1039
also apply to the organization. A board, by adoption of an	1040
appropriate resolution, may remove the district emergency medical	1041
service organization from the jurisdiction of the ~~Ohio~~state board	1042
of emergency medical, fire, and transportation ~~board~~services.	1043

(C) Ambulance services or emergency medical services rendered	1044
for a joint ambulance district under this section and section	1045
505.71 of the Revised Code shall be deemed services of the	1046
district. These sections do not authorize suits against a district	1047
or any township or municipal corporation providing or receiving,	1048
or contracting to provide or receive, such services under these	1049
sections for damages for injury or loss to persons or property or	1050
for wrongful death caused by persons providing such services.	1051

Sec. 3705.242. (A)(1) The director of health, a person	1052
authorized by the director, a local commissioner of health, or a	1053
local registrar of vital statistics shall charge and collect a fee	1054
of one dollar and fifty cents for each certified copy of a birth	1055
record, each certification of birth, and each copy of a death	1056
record. The fee is in addition to the fee imposed by section	1057
3705.24 or any other section of the Revised Code. A local	1058
commissioner of health or local registrar of vital statistics may	1059
retain an amount of each additional fee collected, not to exceed	1060
three per cent of the amount of the additional fee, to be used for	1061
costs directly related to the collection of the fee and the	1062
forwarding of the fee to the department of health.	1063

The additional fees collected by the director of health or a	1064
person authorized by the director and the additional fees	1065
collected but not retained by a local commissioner of health or a	1066
local registrar of vital statistics shall be forwarded to the	1067
department of health not later than thirty days following the end	1068
of each quarter. Not later than two days after the fees are	1069
forwarded to the department each quarter, the department shall pay	1070
the collected fees to the treasurer of state in accordance with	1071
rules adopted by the treasurer of state under section 113.08 of	1072
the Revised Code.	1073

(2) On the filing of a divorce decree under section 3105.10	1074
or a decree of dissolution under section 3105.65 of the Revised	1075
Code, a court of common pleas shall charge and collect a fee of	1076
five dollars and fifty cents. The fee is in addition to any other	1077
court costs or fees. The county clerk of courts may retain an	1078
amount of each additional fee collected, not to exceed three per	1079
cent of the amount of the additional fee, to be used for costs	1080
directly related to the collection of the fee and the forwarding	1081
of the fee to the treasurer of state. The additional fees	1082
collected, but not retained, under division (A)(2) of this section	1083
shall be forwarded to the treasurer of state not later than twenty	1084
days following the end of each month.	1085

(B) The treasurer of state shall deposit the fees paid or	1086
forwarded under this section in the state treasury to the credit	1087
of the family violence prevention fund, which is hereby created. A	1088
person or government entity that fails to pay or forward the fees	1089
in ~~a timely~~the manner~~, as determined by the treasurer of state~~	1090
described in this section, shall send to the ~~treasurer of state,~~	1091
~~in addition to the fees,~~department of public safety a penalty	1092
equal to ten per cent of the fees. The department of public safety	1093
shall forward all collected late fees to the treasurer of state	1094
for deposit into the family violence prevention fund in accordance	1095
with rules adopted by the treasurer of state under section 113.08	1096
of the Revised Code.	1097

The treasurer of state shall invest the moneys in the fund.	1098
All earnings resulting from investment of the fund shall be	1099
credited to the fund, except that actual administration costs	1100
incurred by the treasurer of state in administering the fund may	1101
be deducted from the earnings resulting from investments. The	1102
amount that may be deducted shall not exceed three per cent of the	1103
total amount of fees credited to the fund in each fiscal year. The	1104
balance of the investment earnings shall be credited to the fund.	1105

(C) The director of public safety shall use money credited to	1106
the fund to provide grants to family violence shelters in Ohio and	1107
to operate the division of criminal justice services.	1108

Sec. 4501.03. The registrar of motor vehicles shall open an	1109
account with each county and district of registration in the	1110
state, and may assign each county and district of registration in	1111
the state a unique code for identification purposes. Except as	1112
provided in section 4501.044 or division (A)(1) of section	1113
4501.045 of the Revised Code, the registrar shall pay all moneys	1114
the registrar receives under sections 4503.02,and 4503.12~~, and~~	1115
~~4504.09~~ of the Revised Code into the state treasury to the credit	1116
of the auto registration distribution fund, which is hereby	1117
created, for distribution in the manner provided for in this	1118
section and ~~sections~~section 4501.04~~, 4501.041, 4501.042, and~~	1119
~~4501.043~~ of the Revised Code. All other moneys received by the	1120
registrar shall be deposited in the state bureau of motor vehicles	1121
fund established in section 4501.25 of the Revised Code for the	1122
purposes enumerated in that section, unless otherwise provided by	1123
law.	1124

All moneys credited to the auto registration distribution	1125
fund shall be distributed to the counties and districts of	1126
registration, ~~except for funds received by the registrar under~~	1127
~~section 4504.09 of the Revised Code,~~ after receipt of	1128
certifications from the commissioners of the sinking fund	1129
certifying, as required by sections 5528.15 and 5528.35 of the	1130
Revised Code, that there are sufficient moneys to the credit of	1131
the highway improvement bond retirement fund created by section	1132
5528.12 of the Revised Code to meet in full all payments of	1133
interest, principal, and charges for the retirement of bonds and	1134
other obligations issued pursuant to Section 2g of Article VIII,	1135
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	1136
Code due and payable during the current calendar year, and that	1137
there are sufficient moneys to the credit of the highway	1138
obligations bond retirement fund created by section 5528.32 of the	1139
Revised Code to meet in full all payments of interest, principal,	1140
and charges for the retirement of highway obligations issued	1141
pursuant to Section 2i of Article VIII, Ohio Constitution, and	1142
sections 5528.30 and 5528.31 of the Revised Code due and payable	1143
during the current calendar year, in the manner provided in	1144
section 4501.04 of the Revised Code.	1145

The treasurer of state may invest any portion of the moneys	1146
credited to the auto registration distribution fund, in the same	1147
manner and subject to all the laws with respect to the investment	1148
of state funds by the treasurer of state, and all investment	1149
earnings of the fund shall be credited to the fund.	1150

Once each month the registrar shall prepare vouchers in favor	1151
of the county auditor of each county for the amount of the tax	1152
collection pursuant to sections 4503.02 and 4503.12 of the Revised	1153
Code apportioned to the county and to the districts of	1154
registration located wholly or in part in the county auditor's	1155
county. The county auditor shall distribute the proceeds of the	1156
tax collections due the county and the districts of registration	1157
in the manner provided in section 4501.04 of the Revised Code.	1158

~~Once each month the registrar also shall prepare vouchers in~~	1159
~~favor of the county auditor of each county levying a county motor~~	1160
~~vehicle license tax pursuant to section 4504.02, 4504.15, or~~	1161
~~4504.16 of the Revised Code and of each county in which is located~~	1162
~~one or more townships levying a township motor vehicle license tax~~	1163
~~pursuant to section 4504.18 of the Revised Code for the amount of~~	1164
~~the tax due the county or townships in the county.~~	1165

All moneys received by the registrar under sections 4503.02,	1166
and 4503.12~~, and 4504.09~~ of the Revised Code shall be distributed	1167
to counties, townships, and municipal corporations within thirty	1168
days of the expiration of the registration year, except that a sum	1169
equal to five per cent of the total amount received under sections	1170
4503.02 and 4503.12 of the Revised Code may be reserved to make	1171
final adjustments in accordance with the formula for distribution	1172
set forth in section 4501.04 of the Revised Code. If amounts set	1173
aside to make the adjustments are inadequate, necessary	1174
adjustments shall be made immediately out of funds available for	1175
distribution for the following two registration years.	1176

Sec. 4501.031. All moneys received under section 4504.09 of	1177
the Revised Code shall be paid into the state treasury to the	1178
credit of the local motor vehicle license tax fund, which is	1179
hereby created, for distribution in the manner provided for in	1180
this chapter. The treasurer of state may invest any portion of the	1181
moneys credited to the fund in the same manner and subject to all	1182
the laws governing the investment of state funds by the treasurer	1183
of state. All investment earnings of the fund shall be credited to	1184
the fund.	1185

The registrar of motor vehicles shall open an account with	1186
each county and district of registration in the state, and may	1187
assign each county and district a code for identification	1188
purposes. The code for a county or district may be the same as the	1189
code assigned to the county or district by the registrar under	1190
section 4501.03 of the Revised Code.	1191

Once each month the registrar shall prepare vouchers in favor	1192
of the county auditor of each county levying a county motor	1193
vehicle license tax pursuant to section 4504.02, 4504.15, or	1194
4504.16 of the Revised Code and of each county in which is located	1195
one or more townships levying a township motor vehicle license tax	1196
pursuant to section 4504.18 of the Revised Code for the amount of	1197
the tax due the county or townships in the county.	1198

All moneys received by the registrar under section 4504.09 of	1199
the Revised Code shall be distributed to counties, townships, and	1200
municipal corporations within thirty days of the expiration of the	1201
registration year. Necessary adjustments shall be made immediately	1202
out of funds available for distribution for the following two	1203
registration years.	1204

Sec. 4501.04. All moneys paid into the auto registration	1205
distribution fund under section 4501.03 of the Revised Code,	1206
except ~~moneys received under section 4504.09 of the Revised Code~~	1207
~~and~~ moneys that consist of the portion of motorcycle registration	1208
fees received under section 4503.02 of the Revised Code in	1209
~~accordance with~~that are deposited in the state highway safety	1210
fund under section ~~4501.13~~4501.06 of the Revised Code, and except	1211
moneys paid for costs of audits under section 4501.03 of the	1212
Revised Code, after receipt by the treasurer of state of	1213
certifications from the commissioners of the sinking fund	1214
certifying, as required by sections 5528.15 and 5528.35 of the	1215
Revised Code, that there are sufficient moneys to the credit of	1216
the highway improvement bond retirement fund created by section	1217
5528.12 of the Revised Code to meet in full all payments of	1218
interest, principal, and charges for the retirement of bonds and	1219
other obligations issued pursuant to Section 2g of Article VIII,	1220
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	1221
Code, due and payable during the current calendar year, and that	1222
there are sufficient moneys to the credit of the highway	1223
obligations bond retirement fund created by section 5528.32 of the	1224
Revised Code to meet in full all payments of interest, principal,	1225
and charges for the retirement of highway obligations issued	1226
pursuant to Section 2i of Article VIII, Ohio Constitution, and	1227
sections 5528.30 and 5528.31 of the Revised Code due and payable	1228
during the current calendar year, shall be distributed as follows:	1229

(A) Thirty-four per cent of all such moneys are for the use	1230
of the municipal corporation or county which constitutes the	1231
district of registration. The portion of such money due to the	1232
municipal corporation shall be paid into its treasury forthwith	1233
upon receipt by the county auditor, and shall be used to plan,	1234
construct, reconstruct, repave, widen, maintain, repair, clear,	1235
and clean public highways, roads, and streets; to maintain and	1236
repair bridges and viaducts; to purchase, erect, and maintain	1237
street and traffic signs and markers; to purchase, erect, and	1238
maintain traffic lights and signals; to pay the principal,	1239
interest, and charges on bonds and other obligations issued	1240
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1241
to section 5531.09 of the Revised Code for the purpose of	1242
acquiring or constructing roads, highways, bridges, or viaducts,	1243
or acquiring or making other highway improvements for which the	1244
municipal corporation may issue bonds; and to supplement revenue	1245
already available for such purposes.	1246

The county portion of such funds shall be retained in the	1247
county treasury and shall be used for the planning, maintenance,	1248
repair, construction, and repaving of public streets, and	1249
maintaining and repairing bridges and viaducts; the payment of	1250
principal, interest, and charges on bonds and other obligations	1251
issued pursuant to Chapter 133. of the Revised Code or incurred	1252
pursuant to section 5531.09 of the Revised Code for the purpose of	1253
acquiring or constructing roads, highways, bridges, or viaducts or	1254
acquiring or making other highway improvements for which the board	1255
of county commissioners may issue bonds under such chapter; and	1256
for no other purpose.	1257

(B) Five per cent of all such moneys, together with interest	1258
earned by the treasurer of state as provided in section 4501.03 of	1259
the Revised Code, shall constitute a fund for the use of the	1260
several counties for the purposes specified in division (C) of	1261
this section. The moneys shall be divided equally among all the	1262
counties in the state and shall be paid out by the registrar of	1263
motor vehicles in equal proportions to the county auditor of each	1264
county within the state.	1265

(C) Forty-seven per cent of all such moneys shall be for the	1266
use of the county in which the owner resides or in which the place	1267
is located at which the established business or branch business in	1268
connection with which the motor vehicle registered is used, for	1269
the planning, construction, reconstruction, improvement,	1270
maintenance, and repair of roads and highways; maintaining and	1271
repairing bridges and viaducts; and the payment of principal,	1272
interest, and charges on bonds and other obligations issued	1273
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1274
to section 5531.09 of the Revised Code for the purpose of	1275
acquiring or constructing roads, highways, bridges, or viaducts or	1276
acquiring or making other highway improvements for which the board	1277
of county commissioners may issue bonds under such chapter.	1278

(D) Nine per cent of all such moneys shall be for the use of	1279
the several counties for the purposes specified in division (C) of	1280
this section and shall be distributed to the several counties in	1281
the ratio which the total number of miles of county roads under	1282
the jurisdiction of each board of county commissioners in each	1283
county bears to the total number of miles of county roads in the	1284
state, as determined by the director of transportation. Before	1285
such distribution is made each board of county commissioners shall	1286
certify in writing to the director the actual number of miles	1287
under its statutory jurisdiction which are used by and maintained	1288
for the public.	1289

(E) Five per cent of all such moneys shall be for the use of	1290
the several townships and shall be distributed to the several	1291
townships in the ratio which the total number of miles of township	1292
roads under the jurisdiction of each board of township trustees in	1293
each township bears to the total number of miles of township roads	1294
in the state, as determined by the director of transportation.	1295
Before such distribution is made each board of township trustees	1296
shall certify in writing to the director the actual number of	1297
miles under its statutory jurisdiction which are used by and	1298
maintained for the public.	1299

Sec. 4501.041. Except as provided in section 4501.042 of the	1300
Revised Code, all moneys received under section 4504.09 of the	1301
Revised Code with respect to counties levying county motor vehicle	1302
license taxes pursuant to section 4504.02, 4504.15, or 4504.16 of	1303
the Revised Code and paid into the state treasury under section	1304
~~4501.03~~4501.031 of the Revised Code shall be distributed to the	1305
respective counties levying such taxes for allocation and	1306
distribution as provided in section 4504.05 of the Revised Code.	1307

Sec. 4501.042. All moneys received under section 4504.09 of	1308
the Revised Code from municipal motor vehicle license taxes levied	1309
pursuant to section 4504.06, 4504.17, 4504.171, or 4504.172 of the	1310
Revised Code, and any part of the moneys received from county	1311
motor vehicle license taxes levied pursuant to section 4504.15 of	1312
the Revised Code which is to be distributed to municipal	1313
corporations, shall be paid ~~directly~~ into the state treasury to	1314
the credit of the local motor vehicle license tax fund created	1315
under section 4501.031 of the Revised Code and shall be	1316
distributed to the treasuries of the municipal corporations	1317
levying or entitled to such tax moneys.	1318

Sec. 4501.043. All moneys received under section 4504.09 of	1319
the Revised Code with respect to townships levying township	1320
license taxes pursuant to section 4504.18 of the Revised Code and	1321
paid into the state treasury under section ~~4501.03~~4501.031 of the	1322
Revised Code shall be distributed to the respective townships	1323
levying such taxes for allocation and distribution as provided in	1324
section 4504.19 of the Revised Code.	1325

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	1326
referred to in division (O) of section 4503.04, division (E) of	1327
section 4503.042, division (B) of section 4503.07, division (C)(1)	1328
of section 4503.10, division (D) of section 4503.182, division (A)	1329
of section 4503.19, division (D)(2) of section 4507.24, division	1330
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	1331
4505.111, 4506.08, ~~4506.09,~~ 4507.23, 4508.05, 4513.53, and 5502.12	1332
of the Revised Code, and six dollars of each motorcycle	1333
registration fee designated for payment to the registrar of motor	1334
vehicles in section 4503.04 of the Revised Code, and the taxes	1335
charged in section 4503.65 that are distributed in accordance with	1336
division (A)(2) of section 4501.044 of the Revised Code unless	1337
otherwise designated by law, shall be deposited in the state	1338
treasury to the credit of the state highway safety fund, which is	1339
hereby created~~, and~~. Money credited to the fund shall, after	1340
receipt of certifications from the commissioners of the sinking	1341
fund certifying that there are sufficient moneys to the credit of	1342
the highway obligations bond retirement fund created by section	1343
5528.32 of the Revised Code to meet in full all payments of	1344
interest, principal, and charges for the retirement of highway	1345
obligations issued pursuant to Section 2i of Article VIII, Ohio	1346
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	1347
due and payable during the current calendar year, be used for the	1348
purpose of enforcing and paying the expenses of administering the	1349
law relative to the registration and operation of motor vehicles	1350
on the public roads or highways and for conducting motorcycle	1351
safety and education instruction. Amounts credited to the fund may	1352
also be used to pay the expenses of administering and enforcing	1353
the laws under which such fees were collected. All investment	1354
earnings of the state highway safety fund shall be credited to the	1355
fund.	1356

Sec. 4503.42. For each registration renewal with an	1357
expiration date before October 1, 2009, and for each initial	1358
application for registration received before that date the	1359
registrar of motor vehicles shall be allowed a fee not to exceed	1360
thirty-five dollars, and for each registration renewal with an	1361
expiration date on or after October 1, 2009, and for each initial	1362
application for registration received on or after that date the	1363
registrar shall be allowed a fee of fifty dollars, which shall be	1364
in addition to the regular license fee for tags as prescribed	1365
under section 4503.04 of the Revised Code and any tax levied under	1366
~~section 4504.02 or 4504.06~~Chapter 4504. of the Revised Code, for	1367
each application received by the registrar for special reserved	1368
license plate numbers containing more than three letters or	1369
numerals, and the issuing of such licenses and validation stickers	1370
in the several series as the registrar may designate. Five dollars	1371
of the fee shall be for the purpose of compensating the bureau of	1372
motor vehicles for additional services required in the issuing of	1373
such licenses and validation stickers, and the remaining portion	1374
of the fee shall be deposited by the registrar into the state	1375
treasury to the credit of the state highway safety fund created by	1376
section 4501.06 of the Revised Code.	1377

This section does not apply to the issuance of reserved	1378
license plates as authorized by sections 4503.14, 4503.15, and	1379
4503.40 of the Revised Code. The types of motor vehicles for which	1380
license plate numbers containing more than three letters or	1381
numerals may be issued in accordance with this section shall	1382
include at least buses, passenger cars, and noncommercial motor	1383
vehicles.	1384

Sec. 4503.45. An owner of a collector's vehicle, upon	1385
complying with the motor vehicle laws relating to registration and	1386
licensing of motor vehicles, and upon payment of the regular	1387
license fee as prescribed under section 4503.04 of the Revised	1388
Code and any tax levied under ~~section 4504.02 or 4504.06~~Chapter	1389
4504. of the Revised Code, and the payment of an additional fee of	1390
five dollars, which shall be for the purpose of compensating the	1391
bureau of motor vehicles for additional services required in the	1392
issuing of such licenses, shall be issued validation stickers and	1393
license plates, or validation stickers alone when required by	1394
section 4503.191 of the Revised Code, upon which, in addition to	1395
the letters and numbers ordinarily inscribed thereon, shall be	1396
inscribed the words "collector's vehicle."	1397

Sec. 4503.49. (A) As used in this section, "ambulance,"	1398
"ambulette," "emergency medical service organization,"	1399
"nonemergency medical service organization," and "nontransport	1400
vehicle" have the same meanings as in section 4766.01 of the	1401
Revised Code.	1402

(B) Each private emergency medical service organization and	1403
each private nonemergency medical service organization shall apply	1404
to the registrar of motor vehicles for the registration of any	1405
ambulance, ambulette, or nontransport vehicle it owns or leases.	1406
The application shall be accompanied by a copy of the certificate	1407
of licensure issued to the organization by the ~~Ohio~~state board of	1408
emergency medical, fire, and transportation ~~board~~services and the	1409
following fees:	1410

(1) The regular license tax as prescribed under section	1411
4503.04 of the Revised Code;	1412

(2) Any local license tax levied under Chapter 4504. of the	1413
Revised Code;	1414

(3) An additional fee of seven dollars and fifty cents. The	1415
additional fee shall be for the purpose of compensating the bureau	1416
of motor vehicles for additional services required to be performed	1417
under this section and shall be transmitted by the registrar to	1418
the treasurer of state for deposit in the state bureau of motor	1419
vehicles fund created by section 4501.25 of the Revised Code.	1420

(C) On receipt of a complete application, the registrar shall	1421
issue to the applicant the appropriate certificate of registration	1422
for the vehicle and do one of the following:	1423

(1) Issue a set of license plates with a validation sticker	1424
and a set of stickers to be attached to the plates as an	1425
identification of the vehicle's classification as an ambulance,	1426
ambulette, or nontransport vehicle;	1427

(2) Issue a validation sticker alone when so required by	1428
section 4503.191 of the Revised Code.	1429

Sec. 4504.19. Upon receipt by ~~him~~the county auditor of	1430
moneys pursuant to section 4501.043 of the Revised Code, the	1431
county auditor shall pay into the treasury of each township in the	1432
county levying a township motor vehicle license tax the portion of	1433
such money due the township as shown by the certificate of the	1434
registrar of motor vehicles prepared pursuant to section ~~4501.03~~	1435
4501.031 of the Revised Code. The money shall be used by the	1436
township only for the purposes described in section 4504.18 of the	1437
Revised Code.	1438

Sec. 4504.21. (A) For the purpose of paying the costs and	1439
expenses of enforcing and administering the tax provided for in	1440
this section; for planning, constructing, reconstructing,	1441
improving, maintaining, and repairing roads, bridges, and	1442
culverts; for purchasing, erecting, and maintaining traffic signs,	1443
markers, lights, and signals; for paying debt service charges on	1444
obligations issued for those purposes; and to supplement revenue	1445
already available for those purposes, a transportation improvement	1446
district created in accordance with section 5540.02 of the Revised	1447
Code may levy an annual license tax upon the operation of motor	1448
vehicles on the public roads and highways in the territory of the	1449
district. The tax shall be levied in increments of five dollars	1450
and shall not exceed twenty dollars per motor vehicle on all motor	1451
vehicles the owners of which reside in the district and shall be	1452
in addition to all other taxes levied under this chapter, subject	1453
to reduction in the manner provided in division (B)(2) of section	1454
4503.11 of the Revised Code. The tax may be levied in all or part	1455
of the territory of the district.	1456

(B) The board of trustees of a transportation improvement	1457
district proposing to levy a motor vehicle license tax under this	1458
section shall put the question of the tax to the electors of the	1459
district or of that part of the district in which the tax would be	1460
levied. The election shall be held on the date of a primary or	1461
general election held not less than ninety days after the board of	1462
trustees certifies to the county board of elections its resolution	1463
proposing the tax. The resolution shall specify the rate of the	1464
tax. The board of elections shall submit the question of the tax	1465
to the electors at the primary or general election. The secretary	1466
of state shall prescribe the form of the ballot for the election.	1467
If approved by a majority of the electors voting on the question	1468
of the tax, the board of trustees shall levy the tax as provided	1469
in the resolution.	1470

(C) A transportation improvement district license tax levied	1471
under this section shall continue in effect until repealed, or	1472
until the dissolution of the transportation improvement district	1473
that levied it.	1474

(D) Money received by the registrar of motor vehicles	1475
pursuant to ~~sections 4501.03 and~~section 4504.09 of the Revised	1476
Code that consists of the taxes levied under this section shall be	1477
deposited in the ~~auto registration distribution~~local motor	1478
vehicle license tax fund created by section ~~4501.03~~4501.031 of	1479
the Revised Code and distributed to the transportation improvement	1480
district levying such tax. The registrar may assign to the	1481
transportation improvement district a unique code to facilitate	1482
the distribution of such money, which may be the same unique code	1483
assigned to a county under section 4501.03 of the Revised Code.	1484

Sec. 4506.08. (A)(1) Each application for a commercial	1485
driver's license temporary instruction permit shall be accompanied	1486
by a fee of ten dollars. Each application for a commercial	1487
driver's license, restricted commercial driver's license, renewal	1488
of such a license, or waiver for farm-related service industries	1489
shall be accompanied by a fee of twenty-five dollars, except that	1490
an application for a commercial driver's license or restricted	1491
commercial driver's license received pursuant to division (A)(3)	1492
of section 4506.14 of the Revised Code shall be accompanied by a	1493
fee of eighteen dollars and seventy-five cents if the license will	1494
expire on the licensee's birthday three years after the date of	1495
issuance, a fee of twelve dollars and fifty cents if the license	1496
will expire on the licensee's birthday two years after the date of	1497
issuance, and a fee of six dollars and twenty-five cents if the	1498
license will expire on the licensee's birthday one year after the	1499
date of issuance. Each application for a duplicate commercial	1500
driver's license shall be accompanied by a fee of ten dollars.	1501

(2) In addition, the registrar of motor vehicles or deputy	1502
registrar may collect and retain an additional fee of no more than	1503
three dollars and fifty cents for each application for a	1504
commercial driver's license temporary instruction permit,	1505
commercial driver's license, renewal of a commercial driver's	1506
license, or duplicate commercial driver's license received by the	1507
registrar or deputy.	1508

(B) In addition to the fees imposed under division (A) of	1509
this section, the registrar of motor vehicles or deputy registrar	1510
shall collect a fee of twelve dollars for each application for a	1511
commercial driver's license temporary instruction permit,	1512
commercial driver's license, or duplicate commercial driver's	1513
license and for each application for renewal of a commercial	1514
driver's license. The additional fee is for the purpose of	1515
defraying the department of public safety's costs associated with	1516
the administration and enforcement of the motor vehicle and	1517
traffic laws of Ohio.	1518

(C) Each deputy registrar shall transmit the fees collected	1519
under divisions (A)(1) and (B) of this section in the time and	1520
manner prescribed by the registrar. The registrar shall deposit	1521
all moneys ~~received~~collected under division ~~(C)~~(A)(1) of this	1522
section into the state ~~highway safety~~bureau of motor vehicles	1523
fund established in section ~~4501.06~~4501.25 of the Revised Code.	1524
The registrar shall deposit all moneys collected under division	1525
(B) of this section into the state highway safety fund established	1526
in section 4501.06 of the Revised Code.	1527

(D) Information regarding the driving record of any person	1528
holding a commercial driver's license issued by this state shall	1529
be furnished by the registrar, upon request and payment of a fee	1530
of five dollars, to the employer or prospective employer of such a	1531
person and to any insurer.	1532

Of each five-dollar fee the registrar collects under this	1533
division, the registrar shall pay two dollars into the state	1534
treasury to the credit of the state bureau of motor vehicles fund	1535
established in section 4501.25 of the Revised Code, sixty cents	1536
into the state treasury to the credit of the trauma and emergency	1537
medical services fund established in section 4513.263 of the	1538
Revised Code, sixty cents into the state treasury to the credit of	1539
the homeland security fund established in section 5502.03 of the	1540
Revised Code, thirty cents into the state treasury to the credit	1541
of the investigations fund established in section 5502.131 of the	1542
Revised Code, one dollar and twenty-five cents into the state	1543
treasury to the credit of the emergency management agency service	1544
and reimbursement fund established in section 5502.39 of the	1545
Revised Code, and twenty-five cents into the state treasury to the	1546
credit of the justice program services fund established in section	1547
5502.67 of the Revised Code.	1548

Sec. 4506.09. (A) The registrar of motor vehicles, subject	1549
to approval by the director of public safety, shall adopt rules	1550
conforming with applicable standards adopted by the federal motor	1551
carrier safety administration as regulations under Pub. L. No.	1552
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	1553
31317. The rules shall establish requirements for the	1554
qualification and testing of persons applying for a commercial	1555
driver's license, which shall be in addition to other requirements	1556
established by this chapter. Except as provided in division (B) of	1557
this section, the highway patrol or any other employee of the	1558
department of public safety the registrar authorizes shall	1559
supervise and conduct the testing of persons applying for a	1560
commercial driver's license.	1561

(B) The director may adopt rules, in accordance with Chapter	1562
119. of the Revised Code and applicable requirements of the	1563
federal motor carrier safety administration, authorizing the	1564
skills test specified in this section to be administered by any	1565
person, by an agency of this or another state, or by an agency,	1566
department, or instrumentality of local government. Each party	1567
authorized under this division to administer the skills test may	1568
charge a maximum divisible fee of eighty-five dollars for each	1569
skills test given as part of a commercial driver's license	1570
examination. The fee shall consist of not more than twenty dollars	1571
for the pre-trip inspection portion of the test, not more than	1572
twenty dollars for the off-road maneuvering portion of the test,	1573
and not more than forty-five dollars for the on-road portion of	1574
the test. Each such party may require an appointment fee in the	1575
same manner provided in division (F)(2) of this section, except	1576
that the maximum amount such a party may require as an appointment	1577
fee is eighty-five dollars. The skills test administered by	1578
another party under this division shall be the same as otherwise	1579
would be administered by this state. The other party shall enter	1580
into an agreement with the director that, without limitation, does	1581
all of the following:	1582

(1) Allows the director or the director's representative and	1583
the federal motor carrier safety administration or its	1584
representative to conduct random examinations, inspections, and	1585
audits of the other party without prior notice;	1586

(2) Requires the director or the director's representative to	1587
conduct on-site inspections of the other party at least annually;	1588

(3) Requires that all examiners of the other party meet the	1589
same qualification and training standards as examiners of the	1590
department of public safety, to the extent necessary to conduct	1591
skills tests in the manner required by 49 C.F.R. 383.110 through	1592
383.135;	1593

(4) Requires either that state employees take, at least	1594
annually and as though the employees were test applicants, the	1595
tests actually administered by the other party, that the director	1596
test a sample of drivers who were examined by the other party to	1597
compare the test results, or that state employees accompany a test	1598
applicant during an actual test;	1599

(5) Reserves to this state the right to take prompt and	1600
appropriate remedial action against testers of the other party if	1601
the other party fails to comply with standards of this state or	1602
federal standards for the testing program or with any other terms	1603
of the contract.	1604

(C) The director shall enter into an agreement with the	1605
department of education authorizing the skills test specified in	1606
this section to be administered by the department at any location	1607
operated by the department for purposes of training and testing	1608
school bus drivers, provided that the agreement between the	1609
director and the department complies with the requirements of	1610
division (B) of this section. Skills tests administered by the	1611
department shall be limited to persons applying for a commercial	1612
driver's license with a school bus endorsement.	1613

(D) The director shall adopt rules, in accordance with	1614
Chapter 119. of the Revised Code, authorizing waiver of the skills	1615
test specified in this section for any applicant for a commercial	1616
driver's license who meets all of the following requirements:	1617

(1) Certifies that, during the two-year period immediately	1618
preceding application for a commercial driver's license, all of	1619
the following apply:	1620

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

1621

(b) The applicant has not had any license suspended, revoked,	1622
or canceled.	1623

(c) The applicant has not had any convictions for any type of	1624
motor vehicle for the offenses for which disqualification is	1625
prescribed in section 4506.16 of the Revised Code.	1626

(d) The applicant has not had any violation of a state or	1627
local law relating to motor vehicle traffic control other than a	1628
parking violation arising in connection with any traffic accident	1629
and has no record of an accident in which the applicant was at	1630
fault.	1631

(e) The applicant has previously taken and passed a skills	1632
test given by a state with a classified licensing and testing	1633
system in which the test was behind-the-wheel in a representative	1634
vehicle for the applicant's commercial driver's license	1635
classification.	1636

(2) Certifies and also provides evidence that the applicant	1637
is regularly employed in a job requiring operation of a commercial	1638
motor vehicle and that one of the following applies:	1639

(a) The applicant has previously taken and passed a skills	1640
test given by a state with a classified licensing and testing	1641
system in which the test was behind-the-wheel in a representative	1642
vehicle for the applicant's commercial driver's license	1643
classification.	1644

(b) The applicant has regularly operated, for at least two	1645
years immediately preceding application for a commercial driver's	1646
license, a vehicle representative of the commercial motor vehicle	1647
the applicant operates or expects to operate.	1648

(E) The director shall adopt rules, in accordance with	1649
Chapter 119. of the Revised Code, authorizing waiver of the skills	1650
test specified in this section for any applicant for a commercial	1651
driver's license who meets all of the following requirements:	1652

(1) At the time of applying, is a member or uniformed	1653
employee of the armed forces of the United States or their reserve	1654
components, including the Ohio national guard, or separated from	1655
such service or employment within the preceding ninety days;	1656

(2) Certifies that, during the two-year period immediately	1657
preceding application for a commercial driver's license, all of	1658
the following apply:	1659

(a) The applicant has not had more than one license,	1660
excluding any military license.	1661

(b) The applicant has not had any license suspended, revoked,	1662
or canceled.	1663

(c) The applicant has not had any convictions for any type of	1664
motor vehicle for the offenses for which disqualification is	1665
prescribed in section 4506.16 of the Revised Code.	1666

(d) The applicant has not had more than one conviction for	1667
any type of motor vehicle for a serious traffic violation.	1668

(e) The applicant has not had any violation of a state or	1669
local law relating to motor vehicle traffic control other than a	1670
parking violation arising in connection with any traffic accident	1671
and has no record of an accident in which the applicant was at	1672
fault.	1673

(3) In accordance with rules adopted by the director,	1674
certifies and also provides evidence of all of the following:	1675

(a) That the applicant is regularly employed or was regularly	1676
employed within the preceding ninety days in a military position	1677
requiring operation of a commercial motor vehicle;	1678

(b) That the applicant was exempt from the requirements of	1679
this chapter under division (B)(6) of section 4506.03 of the	1680
Revised Code;	1681

(c) That, for at least two years immediately preceding the	1682
date of application or at least two years immediately preceding	1683
the date the applicant separated from military service or	1684
employment, the applicant regularly operated a vehicle	1685
representative of the commercial motor vehicle type that the	1686
applicant operates or expects to operate.	1687

(F)(1) The department of public safety may charge and collect	1688
a divisible fee of fifty dollars for each skills test given as	1689
part of a commercial driver's license examination. The fee shall	1690
consist of ten dollars for the pre-trip inspection portion of the	1691
test, ten dollars for the off-road maneuvering portion of the	1692
test, and thirty dollars for the on-road portion of the test.	1693

(2) The director may require an applicant for a commercial	1694
driver's license who schedules an appointment with the highway	1695
patrol or other authorized employee of the department of public	1696
safety to take all portions of the skills test, to pay an	1697
appointment fee of fifty dollars at the time of scheduling the	1698
appointment. If the applicant appears at the time and location	1699
specified for the appointment and takes all portions of the skills	1700
test during that appointment, the appointment fee shall serve as	1701
the skills test fee. If the applicant schedules an appointment to	1702
take all portions of the skills test and fails to appear at the	1703
time and location specified for the appointment, no portion of the	1704
appointment fee shall be refunded. If the applicant schedules an	1705
appointment to take all portions of the skills test and appears at	1706
the time and location specified for the appointment, but declines	1707
or is unable to take all portions of the skills test, no portion	1708
of the appointment fee shall be refunded. If the applicant cancels	1709
a scheduled appointment forty-eight hours or more prior to the	1710
time of the appointment time, the applicant shall not forfeit the	1711
appointment fee.	1712

An applicant for a commercial driver's license who schedules	1713
an appointment to take one or more, but not all, portions of the	1714
skills test shall be required to pay an appointment fee equal to	1715
the costs of each test scheduled, as prescribed in division (F)(1)	1716
of this section, when scheduling such an appointment. If the	1717
applicant appears at the time and location specified for the	1718
appointment and takes all the portions of the skills test during	1719
that appointment that the applicant was scheduled to take, the	1720
appointment fee shall serve as the skills test fee. If the	1721
applicant schedules an appointment to take one or more, but not	1722
all, portions of the skills test and fails to appear at the time	1723
and location specified for the appointment, no portion of the	1724
appointment fee shall be refunded. If the applicant schedules an	1725
appointment to take one or more, but not all, portions of the	1726
skills test and appears at the time and location specified for the	1727
appointment, but declines or is unable to take all portions of the	1728
skills test that the applicant was scheduled to take, no portion	1729
of the appointment fee shall be refunded. If the applicant cancels	1730
a scheduled appointment forty-eight hours or more prior to the	1731
time of the appointment time, the applicant shall not forfeit the	1732
appointment fee.	1733

(3) The department of public safety shall deposit all fees it	1734
collects under division (F) of this section in the state ~~highway~~	1735
~~safety~~bureau of motor vehicles fund established in section	1736
4501.25 of the Revised Code.	1737

(G) As used in this section, "skills test" means a test of an	1738
applicant's ability to drive the type of commercial motor vehicle	1739
for which the applicant seeks a commercial driver's license by	1740
having the applicant drive such a motor vehicle while under the	1741
supervision of an authorized state driver's license examiner or	1742
tester.	1743

Sec. 4507.011. (A) Each deputy registrar assigned to a	1744
driver's license examining station by the registrar of motor	1745
vehicles as provided in section 4507.01 of the Revised Code shall	1746
remit to the director of public safety a rental fee equal to the	1747
percentage of space occupied by the deputy registrar in the	1748
driver's license examining station multiplied by the rental fee	1749
paid for the entire driver's license examining station plus a pro	1750
rata share of all utility costs. All such moneys received by the	1751
director shall be deposited in the state treasury to the credit of	1752
the ~~registrar rental~~state bureau of motor vehicles fund~~, which is~~	1753
~~hereby~~ created in section 4501.25 of the Revised Code. ~~The moneys~~	1754
~~in the fund shall be used by the department of public safety only~~	1755
~~to pay the rent and expenses of the driver's license examining~~	1756
~~stations. All investment earnings of the fund shall be credited to~~	1757
~~the fund.~~	1758

(B) Each deputy registrar assigned to a bureau of motor	1759
vehicles' location shall reimburse the registrar a monthly	1760
building rental fee, including applicable utility charges. All	1761
such moneys received by the registrar shall be deposited into the	1762
state bureau of motor vehicles fund ~~created in section 4501.25 of~~	1763
~~the Revised Code~~.	1764

Sec. 4507.23. (A) Except as provided in division (I) of this	1765
section, each application for a temporary instruction permit and	1766
examination shall be accompanied by a fee of five dollars.	1767

(B) Except as provided in division (I) of this section, each	1768
application for a driver's license made by a person who previously	1769
held such a license and whose license has expired not more than	1770
two years prior to the date of application, and who is required	1771
under this chapter to give an actual demonstration of the person's	1772
ability to drive, shall be accompanied by a fee of three dollars	1773
in addition to any other fees.	1774

(C)(1) Except as provided in divisions (E) and (I) of this	1775
section, each application for a driver's license, or motorcycle	1776
operator's endorsement, or renewal of a driver's license shall be	1777
accompanied by a fee of six dollars.	1778

(2) Except as provided in division (I) of this section, each	1779
application for a duplicate driver's license shall be accompanied	1780
by a fee of seven dollars and fifty cents. The duplicate driver's	1781
licenses issued under this section shall be distributed by the	1782
deputy registrar in accordance with rules adopted by the registrar	1783
of motor vehicles.	1784

(D) Except as provided in division (I) of this section, each	1785
application for a motorized bicycle license or duplicate thereof	1786
shall be accompanied by a fee of two dollars and fifty cents.	1787

(E) Except as provided in division (I) of this section, each	1788
application for a driver's license or renewal of a driver's	1789
license that will be issued to a person who is less than	1790
twenty-one years of age shall be accompanied by whichever of the	1791
following fees is applicable:	1792

(1) If the person is sixteen years of age or older, but less	1793
than seventeen years of age, a fee of seven dollars and	1794
twenty-five cents;	1795

(2) If the person is seventeen years of age or older, but	1796
less than eighteen years of age, a fee of six dollars;	1797

(3) If the person is eighteen years of age or older, but less	1798
than nineteen years of age, a fee of four dollars and seventy-five	1799
cents;	1800

(4) If the person is nineteen years of age or older, but less	1801
than twenty years of age, a fee of three dollars and fifty cents;	1802

(5) If the person is twenty years of age or older, but less	1803
than twenty-one years of age, a fee of two dollars and twenty-five	1804
cents.	1805

(F) Neither the registrar nor any deputy registrar shall	1806
charge a fee in excess of one dollar and fifty cents for	1807
laminating a driver's license, motorized bicycle license, or	1808
temporary instruction permit identification cards as required by	1809
sections 4507.13 and 4511.521 of the Revised Code. A deputy	1810
registrar laminating a driver's license, motorized bicycle	1811
license, or temporary instruction permit identification cards	1812
shall retain the entire amount of the fee charged for lamination,	1813
less the actual cost to the registrar of the laminating materials	1814
used for that lamination, as specified in the contract executed by	1815
the bureau for the laminating materials and laminating equipment.	1816
The deputy registrar shall forward the amount of the cost of the	1817
laminating materials to the registrar for deposit as provided in	1818
this section.	1819

(G) Except as provided in division (I) of this section, each	1820
transaction described in divisions (A), (B), (C), (D), and (E) of	1821
this section shall be accompanied by an additional fee of twelve	1822
dollars. The additional fee is for the purpose of defraying the	1823
department of public safety's costs associated with the	1824
administration and enforcement of the motor vehicle and traffic	1825
laws of Ohio.	1826

(H) At the time and in the manner provided by section 4503.10	1827
of the Revised Code, the deputy registrar shall transmit the fees	1828
collected under divisions (A), (B), (C), (D), and (E), those	1829
portions of the fees specified in and collected under division	1830
(F), and the additional fee under division (G) of this section to	1831
the registrar. The registrar shall pay two dollars and fifty cents	1832
of each fee collected under divisions (A), (B), (C)(1) and (2),	1833
(D), and (E)(1) to (4) of this section, and the entire fee	1834
collected under division (E)(5) of this section, into the state	1835
~~highway safety~~bureau of motor vehicles fund established in	1836
section ~~4501.06~~4501.25 of the Revised Code, and such fees shall	1837
be used for the sole purpose of supporting driver licensing	1838
activities. The registrar also shall pay five dollars of each fee	1839
collected under division (C)(2) of this section and the entire fee	1840
collected under division (G) of this section into the state	1841
highway safety fund created in section 4501.06 of the Revised	1842
Code. The remaining fees collected by the registrar under this	1843
section shall be paid into the state bureau of motor vehicles fund	1844
established in section 4501.25 of the Revised Code.	1845

(I) A disabled veteran who has a service-connected disability	1846
rated at one hundred per cent by the veterans' administration may	1847
apply to the registrar or a deputy registrar for the issuance to	1848
that veteran, without the payment of any fee prescribed in this	1849
section, of any of the following items:	1850

(1) A temporary instruction permit and examination;

1851

(2) A new, renewal, or duplicate driver's or commercial	1852
driver's license;	1853

(3) A motorcycle operator's endorsement;

1854

(4) A motorized bicycle license or duplicate thereof;

1855

(5) Lamination of a driver's license, motorized bicycle	1856
license, or temporary instruction permit identification card as	1857
provided in division (F) of this section.	1858

An application made under division (I) of this section shall	1859
be accompanied by such documentary evidence of disability as the	1860
registrar may require by rule.	1861

Sec. 4508.08. There is hereby created in the department of	1862
public safety the motorcycle safety and education program. The	1863
director of public safety shall administer the program in	1864
accordance with the following guidelines:	1865

(A) The program shall include courses of instruction	1866
conducted at vocational schools, community colleges, or other	1867
suitable locations, by instructors who have obtained certification	1868
in the manner and form prescribed by the director. The courses	1869
shall meet standards established in rules adopted by the	1870
department in accordance with Chapter 119. of the Revised Code.	1871
The courses may include instruction for novice motorcycle	1872
operators, instruction in motorist awareness and alcohol and drug	1873
awareness, and any other kind of instruction the director	1874
considers appropriate. A reasonable tuition fee, as determined by	1875
the director, may be charged. The director may authorize private	1876
organizations or corporations to offer courses without tuition fee	1877
restrictions, but such entities are not eligible for reimbursement	1878
of expenses or subsidies from the ~~motorcycle safety and education~~	1879
state highway safety fund created in section ~~4501.13~~4501.06 of	1880
the Revised Code.	1881

(B) In addition to courses of instruction, the program may	1882
include provisions for equipment purchases, marketing and	1883
promotion, improving motorcycle license testing procedures, and	1884
any other provisions the director considers appropriate.	1885

(C) The director shall evaluate the program every two years	1886
and shall periodically inspect the facilities, equipment, and	1887
procedures used in the courses of instruction.	1888

(D) The director shall appoint at least one training	1889
specialist who shall oversee the operation of the program,	1890
establish courses of instruction, and supervise instructors. The	1891
training specialist shall be a licensed motorcycle operator and	1892
shall obtain certification in the manner and form prescribed by	1893
the director.	1894

(E) The director may contract with other public agencies or	1895
with private organizations or corporations to assist in	1896
administering the program.	1897

(F) Notwithstanding any provision of Chapter 102. of the	1898
Revised Code, the director, in order to administer the program,	1899
may participate in a motorcycle manufacturer's motorcycle loan	1900
program.	1901

(G) The director shall contract with an insurance company or	1902
companies authorized to do business in this state to purchase a	1903
policy or policies of insurance with respect to the establishment	1904
or administration, or any other aspect of the operation of the	1905
program.	1906

Sec. 4511.13. Highway traffic signal indications for	1907
vehicles and pedestrians shall have the following meanings:	1908

(A) Steady green signal indication:

1909

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	1910
facing a circular green signal indication are permitted to proceed	1911
straight through or turn right or left or make a u-turn movement	1912
except as such movement is modified by a lane-use sign, turn	1913
prohibition sign, lane marking, roadway design, separate turn	1914
signal indication, or other traffic control device. Such vehicular	1915
traffic, including vehicles turning right or left or making a	1916
u-turn movement, shall yield the right-of-way to both of the	1917
following:	1918

(i) Pedestrians lawfully within an associated crosswalk;

1919

(ii) Other vehicles lawfully within the intersection.

1920

(b) In addition, vehicular traffic turning left or making a	1921
u-turn movement to the left shall yield the right-of-way to other	1922
vehicles approaching from the opposite direction so closely as to	1923
constitute an immediate hazard during the time when such turning	1924
vehicle is moving across or within the intersection.	1925

(2) Vehicular traffic, streetcars, and trackless trolleys	1926
facing a green arrow signal indication, displayed alone or in	1927
combination with another signal indication, are permitted to	1928
cautiously enter the intersection only to make the movement	1929
indicated by such arrow, or such other movement as is permitted by	1930
other indications displayed at the same time. Such vehicular	1931
traffic, streetcars, and trackless trolleys, including vehicles	1932
turning right or left or making a u-turn movement, shall yield the	1933
right-of-way to both of the following:	1934

(a) Pedestrians lawfully within an associated crosswalk;

1935

(b) Other traffic lawfully using the intersection.

1936

(3)(a) Unless otherwise directed by a pedestrian signal	1937
indication, as provided in section 4511.14 of the Revised Code,	1938
pedestrians facing a circular green signal indication are	1939
permitted to proceed across the roadway within any marked or	1940
unmarked associated crosswalk. The pedestrian shall yield the	1941
right-of-way to vehicles lawfully within the intersection or so	1942
close as to create an immediate hazard at the time that the green	1943
signal indication is first displayed.	1944

(b) Pedestrians facing a green arrow signal indication,	1945
unless otherwise directed by a pedestrian signal indication or	1946
other traffic control device, shall not cross the roadway.	1947

(B) Steady yellow signal indication:

1948

(1) Vehicular traffic, streetcars, and trackless trolleys	1949
facing a steady circular yellow signal indication are thereby	1950
warned that the related green movement or the related flashing	1951
arrow movement is being terminated or that a steady red signal	1952
indication will be exhibited immediately thereafter when vehicular	1953
traffic, streetcars, and trackless trolleys shall not enter the	1954
intersection. The provisions governing vehicular operation under	1955
the movement being terminated shall continue to apply while the	1956
steady circular yellow signal indication is displayed.	1957

(2) Vehicular traffic facing a steady yellow arrow signal	1958
indication is thereby warned that the related green arrow movement	1959
or the related flashing arrow movement is being terminated. The	1960
provisions governing vehicular operation under the movement being	1961
terminated shall continue to apply while the steady yellow arrow	1962
signal indication is displayed.	1963

(3) Pedestrians facing a steady circular yellow or yellow	1964
arrow signal indication, unless otherwise directed by a pedestrian	1965
signal indication as provided in section 4511.14 of the Revised	1966
Code or other traffic control device, shall not start to cross the	1967
roadway.	1968

1969

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	1970
facing a steady circular red signal indication, unless entering	1971
the intersection to make another movement permitted by another	1972
signal indication, shall stop at a clearly marked stop line; but	1973
if there is no stop line, traffic shall stop before entering the	1974
crosswalk on the near side of the intersection; or if there is no	1975
crosswalk, then before entering the intersection; and shall remain	1976
stopped until a signal indication to proceed is displayed except	1977
as provided in divisions (C)(1), (2), and (3) of this section.	1978

(b) Except when a traffic control device is in place	1979
prohibiting a turn on red or a steady red arrow signal indication	1980
is displayed, vehicular traffic facing a steady circular red	1981
signal indication is permitted, after stopping, to enter the	1982
intersection to turn right, or to turn left from a one-way street,	1983
~~after stopping~~into a one-way street. The right to proceed with	1984
the turn shall be subject to the provisions that are applicable	1985
after making a stop at a stop sign.	1986

(2)(a) Vehicular traffic, streetcars, and trackless trolleys	1987
facing a steady red arrow signal indication shall not enter the	1988
intersection to make the movement indicated by the arrow and,	1989
unless entering the intersection to make another movement	1990
permitted by another signal indication, shall stop at a clearly	1991
marked stop line; but if there is no stop line, before entering	1992
the crosswalk on the near side of the intersection; or if there is	1993
no crosswalk, then before entering the intersection; and shall	1994
remain stopped until a signal indication or other traffic control	1995
device permitting the movement indicated by such red arrow is	1996
displayed.	1997

(b) When a traffic control device is in place permitting a	1998
turn on a steady red arrow signal indication, vehicular traffic	1999
facing a steady red arrow indication is permitted, after stopping,	2000
to enter the intersection to ~~make the movement indicated by the~~	2001
~~arrow signal indication, after stopping~~turn right, or to turn	2002
left from a one-way street into a one-way street. The right to	2003
proceed with the turn shall be limited to the direction indicated	2004
by the arrow and shall be subject to the provisions that are	2005
applicable after making a stop at a stop sign.	2006

(3) Unless otherwise directed by a pedestrian signal	2007
indication as provided in section 4511.14 of the Revised Code or	2008
other traffic control device, pedestrians facing a steady circular	2009
red or steady red arrow signal indication shall not enter the	2010
roadway.	2011

(4) Local authorities by ordinance, or the director of	2012
transportation on state highways, may prohibit a right or a left	2013
turn against a steady red signal at any intersection, which shall	2014
be effective when signs giving notice thereof are posted at the	2015
intersection.	2016

(D) A flashing green signal indication has no meaning and	2017
shall not be used.	2018

(E) Flashing yellow signal indication:

2019

(1)(a) Vehicular traffic, on an approach to an intersection,	2020
facing a flashing circular yellow signal indication, is permitted	2021
to cautiously enter the intersection to proceed straight through	2022
or turn right or left or make a u-turn movement except as such	2023
movement is modified by lane-use signs, turn prohibition signs,	2024
lane markings, roadway design, separate turn signal indications,	2025
or other traffic control devices. Such vehicular traffic,	2026
including vehicles turning right or left or making a u-turn	2027
movement, shall yield the right-of-way to both of the following:	2028

(i) Pedestrians lawfully within an associated crosswalk;

2029

(ii) Other vehicles lawfully within the intersection.

2030

(b) In addition, vehicular traffic turning left or making a	2031
u-turn to the left shall yield the right-of-way to other vehicles	2032
approaching from the opposite direction so closely as to	2033
constitute an immediate hazard during the time when such turning	2034
vehicle is moving across or within the intersection.	2035

(2)(a) Vehicular traffic, on an approach to an intersection,	2036
facing a flashing yellow arrow signal indication, displayed alone	2037
or in combination with another signal indication, is permitted to	2038
cautiously enter the intersection only to make the movement	2039
indicated by such arrow, or other such movement as is permitted by	2040
other signal indications displayed at the same time. Such	2041
vehicular traffic, including vehicles turning right or left or	2042
making a u-turn, shall yield the right-of-way to both of the	2043
following:	2044

(i) Pedestrians lawfully within an associated crosswalk;

2045

(ii) Other vehicles lawfully within the intersection.

2046

(b) In addition, vehicular traffic turning left or making a	2047
u-turn to the left shall yield the right-of-way to other vehicles	2048
approaching from the opposite direction so closely as to	2049
constitute an immediate hazard during the time when such turning	2050
vehicle is moving across or within the intersection.	2051

(3) Pedestrians facing any flashing yellow signal indication	2052
at an intersection, unless otherwise directed by a pedestrian	2053
signal indication or other traffic control device, are permitted	2054
to proceed across the roadway within any marked or unmarked	2055
associated crosswalk. Pedestrians shall yield the right-of-way to	2056
vehicles lawfully within the intersection at the time that the	2057
flashing yellow signal indication is first displayed.	2058

(4) When a flashing circular yellow signal indication is	2059
displayed as a beacon to supplement another traffic control	2060
device, road users are notified that there is a need to pay	2061
additional attention to the message contained thereon or that the	2062
regulatory or warning requirements of the other traffic control	2063
device, which might not be applicable at all times, are currently	2064
applicable.	2065

(F) Flashing red signal indication:

2066

(1) Vehicular traffic, on an approach to an intersection,	2067
facing a flashing circular red signal indication, shall stop at a	2068
clearly marked stop line; but if there is no stop line, before	2069
entering the crosswalk on the near side of the intersection; or if	2070
there is no crosswalk, at the point nearest the intersecting	2071
roadway where the driver has a view of approaching traffic on the	2072
intersecting roadway before entering the intersection. The right	2073
to proceed shall be subject to the provisions that are applicable	2074
after making a stop at a stop sign.	2075

(2) Pedestrians facing any flashing red signal indication at	2076
an intersection, unless otherwise directed by a pedestrian signal	2077
indication or other traffic control device, are permitted to	2078
proceed across the roadway within any marked or unmarked	2079
associated crosswalk. Pedestrians shall yield the right-of-way to	2080
vehicles lawfully within the intersection at the time that the	2081
flashing red signal indication is first displayed.	2082

(3) When a flashing circular red signal indication is	2083
displayed as a beacon to supplement another traffic control	2084
device, road users are notified that there is a need to pay	2085
additional attention to the message contained thereon or that the	2086
regulatory requirements of the other traffic control device, which	2087
might not be applicable at all times, are currently applicable.	2088
Use of this signal indication shall be limited to supplementing	2089
stop, do not enter, or wrong way signs, and to applications where	2090
compliance with the supplemented traffic control device requires a	2091
stop at a designated point.	2092

(G) In the event an official traffic-control signal is	2093
erected and maintained at a place other than an intersection, the	2094
provisions of this section shall be applicable except as to those	2095
provisions which by their nature can have no application. Any stop	2096
required shall be made at a sign or marking on the pavement	2097
indicating where the stop shall be made, but in the absence of any	2098
such sign or marking the stop shall be made at the signal.	2099

(H) This section does not apply at railroad grade crossings.	2100
Conduct of drivers of vehicles, trackless trolleys, and streetcars	2101
approaching railroad grade crossings shall be governed by sections	2102
4511.61 and 4511.62 of the Revised Code.	2103

Sec. 4513.263. (A) As used in this section and in section	2104
4513.99 of the Revised Code:	2105

(1) "Automobile" means any commercial tractor, passenger car,	2106
commercial car, or truck that is required to be factory-equipped	2107
with an occupant restraining device for the operator or any	2108
passenger by regulations adopted by the United States secretary of	2109
transportation pursuant to the "National Traffic and Motor Vehicle	2110
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	2111

(2) "Occupant restraining device" means a seat safety belt,	2112
shoulder belt, harness, or other safety device for restraining a	2113
person who is an operator of or passenger in an automobile and	2114
that satisfies the minimum federal vehicle safety standards	2115
established by the United States department of transportation.	2116

(3) "Passenger" means any person in an automobile, other than	2117
its operator, who is occupying a seating position for which an	2118
occupant restraining device is provided.	2119

(4) "Commercial tractor," "passenger car," and "commercial	2120
car" have the same meanings as in section 4501.01 of the Revised	2121
Code.	2122

(5) "Vehicle" and "motor vehicle," as used in the definitions	2123
of the terms set forth in division (A)(4) of this section, have	2124
the same meanings as in section 4511.01 of the Revised Code.	2125

(6) "Tort action" means a civil action for damages for	2126
injury, death, or loss to person or property. "Tort action"	2127
includes a product liability claim, as defined in section 2307.71	2128
of the Revised Code, and an asbestos claim, as defined in section	2129
2307.91 of the Revised Code, but does not include a civil action	2130
for damages for breach of contract or another agreement between	2131
persons.	2132

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

2133

(1) Operate an automobile on any street or highway unless	2134
that person is wearing all of the available elements of a properly	2135
adjusted occupant restraining device, or operate a school bus that	2136
has an occupant restraining device installed for use in its	2137
operator's seat unless that person is wearing all of the available	2138
elements of the device, as properly adjusted;	2139

(2) Operate an automobile on any street or highway unless	2140
each passenger in the automobile who is subject to the requirement	2141
set forth in division (B)(3) of this section is wearing all of the	2142
available elements of a properly adjusted occupant restraining	2143
device;	2144

(3) Occupy, as a passenger, a seating position on the front	2145
seat of an automobile being operated on any street or highway	2146
unless that person is wearing all of the available elements of a	2147
properly adjusted occupant restraining device;	2148

(4) Operate a taxicab on any street or highway unless all	2149
factory-equipped occupant restraining devices in the taxicab are	2150
maintained in usable form.	2151

(C) Division (B)(3) of this section does not apply to a	2152
person who is required by section 4511.81 of the Revised Code to	2153
be secured in a child restraint device or booster seat. Division	2154
(B)(1) of this section does not apply to a person who is an	2155
employee of the United States postal service or of a newspaper	2156
home delivery service, during any period in which the person is	2157
engaged in the operation of an automobile to deliver mail or	2158
newspapers to addressees. Divisions (B)(1) and (3) of this section	2159
do not apply to a person who has an affidavit signed by a	2160
physician licensed to practice in this state under Chapter 4731.	2161
of the Revised Code or a chiropractor licensed to practice in this	2162
state under Chapter 4734. of the Revised Code that states that the	2163
person has a physical impairment that makes use of an occupant	2164
restraining device impossible or impractical.	2165

(D) Notwithstanding any provision of law to the contrary, no	2166
law enforcement officer shall cause an operator of an automobile	2167
being operated on any street or highway to stop the automobile for	2168
the sole purpose of determining whether a violation of division	2169
(B) of this section has been or is being committed or for the sole	2170
purpose of issuing a ticket, citation, or summons for a violation	2171
of that nature or causing the arrest of or commencing a	2172
prosecution of a person for a violation of that nature, and no law	2173
enforcement officer shall view the interior or visually inspect	2174
any automobile being operated on any street or highway for the	2175
sole purpose of determining whether a violation of that nature has	2176
been or is being committed.	2177

(E) All fines collected for violations of division (B) of	2178
this section, or for violations of any ordinance or resolution of	2179
a political subdivision that is substantively comparable to that	2180
division, shall be forwarded to the treasurer of state for deposit	2181
into the state treasury to the credit of the trauma and emergency	2182
medical services fund, which is hereby created. In addition, sixty	2183
cents of each fee collected under sections 4501.34, 4503.26,	2184
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as	2185
specified in those sections, plus the portion of the driver's	2186
license reinstatement fee described in division (F)(2)(g) of	2187
section 4511.191 of the Revised Code, plus all fees collected	2188
under section 4765.11 of the Revised Code, plus all fines imposed	2189
under section 4765.55 of the Revised Code, plus the fees and other	2190
moneys specified in section 4766.05 of the Revised Code, and plus	2191
five per cent of fines and moneys arising from bail forfeitures as	2192
directed by section 5503.04 of the Revised Code, also shall be	2193
deposited into the trauma and emergency medical services fund. All	2194
money deposited into the trauma and emergency medical services	2195
fund shall be used by the department of public safety for the	2196
administration and operation of the division of emergency medical	2197
services and the state board of emergency medical, fire, and	2198
transportation services, and by the state board of emergency	2199
medical, fire, and transportation services to make grants, in	2200
accordance with section 4765.07 of the Revised Code and rules the	2201
board adopts under section 4765.11 of the Revised Code. The	2202
director of budget and management may transfer excess money from	2203
the trauma and emergency medical services fund to the state	2204
highway safety fund if the director of public safety determines	2205
that the amount of money in the trauma and emergency medical	2206
services fund exceeds the amount required to cover such costs	2207
incurred by the emergency medical services agency and the grants	2208
made by the state board of emergency medical, fire, and	2209
transportation services and requests the director of budget and	2210
management to make the transfer.	2211

(F)(1) Subject to division (F)(2) of this section, the	2212
failure of a person to wear all of the available elements of a	2213
properly adjusted occupant restraining device in violation of	2214
division (B)(1) or (3) of this section or the failure of a person	2215
to ensure that each minor who is a passenger of an automobile	2216
being operated by that person is wearing all of the available	2217
elements of a properly adjusted occupant restraining device in	2218
violation of division (B)(2) of this section shall not be	2219
considered or used by the trier of fact in a tort action as	2220
evidence of negligence or contributory negligence. But, the trier	2221
of fact may determine based on evidence admitted consistent with	2222
the Ohio Rules of Evidence that the failure contributed to the	2223
harm alleged in the tort action and may diminish a recovery of	2224
compensatory damages that represents noneconomic loss, as defined	2225
in section 2307.011 of the Revised Code, in a tort action that	2226
could have been recovered but for the plaintiff's failure to wear	2227
all of the available elements of a properly adjusted occupant	2228
restraining device. Evidence of that failure shall not be used as	2229
a basis for a criminal prosecution of the person other than a	2230
prosecution for a violation of this section; and shall not be	2231
admissible as evidence in a criminal action involving the person	2232
other than a prosecution for a violation of this section.	2233

(2) If, at the time of an accident involving a passenger car	2234
equipped with occupant restraining devices, any occupant of the	2235
passenger car who sustained injury or death was not wearing an	2236
available occupant restraining device, was not wearing all of the	2237
available elements of such a device, or was not wearing such a	2238
device as properly adjusted, then, consistent with the Rules of	2239
Evidence, the fact that the occupant was not wearing the available	2240
occupant restraining device, was not wearing all of the available	2241
elements of such a device, or was not wearing such a device as	2242
properly adjusted is admissible in evidence in relation to any	2243
claim for relief in a tort action to the extent that the claim for	2244
relief satisfies all of the following:	2245

(a) It seeks to recover damages for injury or death to the	2246
occupant.	2247

(b) The defendant in question is the manufacturer, designer,	2248
distributor, or seller of the passenger car.	2249

(c) The claim for relief against the defendant in question is	2250
that the injury or death sustained by the occupant was enhanced or	2251
aggravated by some design defect in the passenger car or that the	2252
passenger car was not crashworthy.	2253

(G)(1) Whoever violates division (B)(1) of this section shall	2254
be fined thirty dollars.	2255

(2) Whoever violates division (B)(3) of this section shall be	2256
fined twenty dollars.	2257

(3) Except as otherwise provided in this division, whoever	2258
violates division (B)(4) of this section is guilty of a minor	2259
misdemeanor. If the offender previously has been convicted of or	2260
pleaded guilty to a violation of division (B)(4) of this section,	2261
whoever violates division (B)(4) of this section is guilty of a	2262
misdemeanor of the third degree.	2263

Sec. 4513.53. (A) The superintendent of the state highway	2264
patrol, with approval of the director of public safety, may	2265
appoint and maintain necessary staff to carry out the inspection	2266
of buses.	2267

(B) The superintendent of the state highway patrol shall	2268
adopt a distinctive annual safety inspection decal bearing the	2269
date of inspection. The state highway patrol may remove any decal	2270
from a bus that fails any inspection.	2271

(C) ~~Fees~~Bus inspection fees collected by the state highway	2272
patrol under section 4513.52 of the Revised Code shall be paid	2273
into the state treasury to the credit of the ~~general revenue fund.~~	2274
~~Annually by the first day of June, the director of public safety~~	2275
~~shall determine the amount of fees collected under section 4513.52~~	2276
~~of the Revised Code and shall certify the amount to the director~~	2277
~~of budget and management for reimbursement. The director of budget~~	2278
~~and management then may transfer cash up to the amount certified~~	2279
~~from the general revenue fund to the~~ state highway safety fund	2280
created in section 4501.06 of the Revised Code.	2281

Sec. 4513.66. (A) If a motor vehicle accident occurs on any	2282
highway, public street, or other property open to the public for	2283
purposes of vehicular travel and if any motor vehicle, cargo, or	2284
personal property that has been damaged or spilled as a result of	2285
the motor vehicle accident is blocking the highway, street, or	2286
other property or is otherwise endangering public safety, the	2287
sheriff of the county, or the chief of police of the municipal	2288
corporation, township, or township or joint police district, in	2289
which the accident occurred, a state highway patrol trooper, or	2290
the chief of the fire department having jurisdiction where the	2291
accident occurred ~~may~~, or any duly authorized designee of an	2292
official specified above, without consent of the owner but with	2293
the approval of the law enforcement agency conducting any	2294
investigation of the accident, may remove the motor vehicle if the	2295
motor vehicle is unoccupied, cargo, or personal property from the	2296
portion of the highway, public street, or property ordinarily used	2297
for vehicular travel on the highway, public street, or other	2298
property open to the public for purposes of vehicular travel.	2299

(B)(1) Except as provided in division (B)(2) or (3) of this	2300
section, no employee of the department of transportation, sheriff,	2301
deputy sheriff, chief of police or police officer of a municipal	2302
corporation, township, or township or joint police district, state	2303
highway patrol trooper, chief of a fire department, or fire	2304
fighter, or any duly authorized designee of such an official who	2305
authorizes or participates in the removal of any unoccupied motor	2306
vehicle, cargo, or personal property as authorized by division (A)	2307
of this section is liable in civil damages for any injury, death,	2308
or loss to person or property that results from the removal of	2309
that unoccupied motor vehicle, cargo, or personal property. Except	2310
as provided in division (B)(2) or (3) of this section, if the	2311
department of transportation or a sheriff, chief of police of a	2312
municipal corporation, township, or township or joint police	2313
district, head of the state highway patrol, or chief of a fire	2314
department, or any duly authorized designee of such an official	2315
authorizes, employs, or arranges to have a private tow truck	2316
operator or towing company remove any unoccupied motor vehicle,	2317
cargo, or personal property as authorized by division (A) of this	2318
section, that private tow truck operator or towing company is not	2319
liable in civil damages for any injury, death, or loss to person	2320
or property that results from the removal of that unoccupied motor	2321
vehicle, cargo, or personal property~~, and~~. Further, the department	2322
of transportation, sheriff, chief of police, head of the state	2323
highway patrol, or fire department chief, or any duly authorized	2324
designee of such an official is not liable in civil damages for	2325
any injury, death, or loss to person or property that results from	2326
the private tow truck operator or towing company's removal of that	2327
unoccupied motor vehicle, cargo, or personal property.	2328

(2) Division (B)(1) of this section does not apply to any	2329
person or entity involved in the removal of an unoccupied motor	2330
vehicle, cargo, or personal property pursuant to division (A) of	2331
this section if that removal causes or contributes to the release	2332
of a hazardous material or to structural damage to the roadway.	2333

(3) Division (B)(1) of this section does not apply to a	2334
private tow truck operator or towing company that was not	2335
authorized, employed, or arranged by the department of	2336
transportation, a sheriff, a chief of police of a municipal	2337
corporation, township, or township or joint police district, the	2338
head of the state highway patrol, or a chief of a fire department,	2339
or any duly authorized designee of such an official or to a	2340
private tow truck operator or towing company that was authorized,	2341
employed, or arranged by the department of transportation, a	2342
sheriff, a chief of police of a municipal corporation, township,	2343
or township or joint police district, the head of the state	2344
highway patrol, or a chief of a fire department, or any duly	2345
authorized designee of such an official to perform the removal of	2346
the unoccupied motor vehicle, cargo, or personal property and the	2347
private tow truck operator or towing company performed the removal	2348
in a reckless or willful manner.	2349

(C) As used in this section, "hazardous material" has the	2350
same meaning as in section 2305.232 of the Revised Code.	2351

Sec. 4561.21. (A) The director of transportation shall	2352
deposit all aircraft transfer fees in the state treasury to the	2353
credit of the general fund.	2354

(B) The director shall deposit all aircraft license taxes and	2355
fines in the state treasury to the credit of the airport	2356
assistance fund, which is hereby created. Money in the fund shall	2357
be used for maintenance and capital improvements to publicly owned	2358
airports, and the operating costs associated with the office of	2359
aviation. For maintenance and capital improvements to publicly	2360
owned airports, the director shall distribute the money to	2361
eligible recipients in accordance with such procedures,	2362
guidelines, and criteria as the director shall establish.	2363

Sec. 4743.05. Except as otherwise provided in sections	2364
4701.20, 4723.062, 4723.082, 4729.65, 4781.121, and 4781.28 of the	2365
Revised Code, all money collected under Chapters 3773., 4701.,	2366
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	2367
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	2368
4761., ~~4766.,~~ 4771., 4775., 4779., and 4781. of the Revised Code	2369
shall be paid into the state treasury to the credit of the	2370
occupational licensing and regulatory fund, which is hereby	2371
created for use in administering such chapters.	2372

At the end of each quarter, the director of budget and	2373
management shall transfer from the occupational licensing and	2374
regulatory fund to the nurse education assistance fund created in	2375
section 3333.28 of the Revised Code the amount certified to the	2376
director under division (B) of section 4723.08 of the Revised	2377
Code.	2378

At the end of each quarter, the director shall transfer from	2379
the occupational licensing and regulatory fund to the certified	2380
public accountant education assistance fund created in section	2381
4701.26 of the Revised Code the amount certified to the director	2382
under division (H)(2) of section 4701.10 of the Revised Code.	2383

Sec. 4765.02. (A)(1) There is hereby created the state board	2384
of emergency medical, fire, and transportation services within the	2385
division of emergency medical services of the department of public	2386
safety. The board shall consist of the members specified in this	2387
section who are residents of this state. The governor, with the	2388
advice and consent of the senate, shall appoint all members of the	2389
board, except the employee of the department of public safety	2390
designated by the director of public safety under this section to	2391
be a member of the board. In making the appointments, the governor	2392
shall appoint only members with background or experience in	2393
emergency medical services or trauma care and shall attempt to	2394
include members representing urban and rural areas, various	2395
geographical regions of the state, and various schools of	2396
training.	2397

(2) One member of the board shall be a physician certified by	2398
the American board of emergency medicine or the American	2399
osteopathic board of emergency medicine who is active in the	2400
practice of emergency medicine and is actively involved with an	2401
emergency medical service organization. The governor shall appoint	2402
this member from among three persons nominated by the Ohio chapter	2403
of the American college of emergency physicians and three persons	2404
nominated by the Ohio osteopathic association. One member shall be	2405
a physician certified by the American board of surgery or the	2406
American osteopathic board of surgery who is active in the	2407
practice of trauma surgery and is actively involved with emergency	2408
medical services. The governor shall appoint this member from	2409
among three persons nominated by the Ohio chapter of the American	2410
college of surgeons and three persons nominated by the Ohio	2411
osteopathic association. One member shall be a physician certified	2412
by the American academy of pediatrics or American osteopathic	2413
board of pediatrics who is active in the practice of pediatric	2414
emergency medicine and actively involved with an emergency medical	2415
service organization. The governor shall appoint this member from	2416
among three persons nominated by the Ohio chapter of the American	2417
academy of pediatrics and three persons nominated by the Ohio	2418
osteopathic association. ~~One member shall be the administrator of~~	2419
~~an adult or pediatric trauma center. The governor shall appoint~~	2420
~~this member from among three persons nominated by the OHA: the~~	2421
~~association for hospitals and health systems, three persons~~	2422
~~nominated by the Ohio osteopathic association, three persons~~	2423
~~nominated by the association of Ohio children's hospitals, and~~	2424
~~three persons nominated by the health forum of Ohio.~~ One member	2425
shall be the administrator of a hospital ~~that is not a trauma~~	2426
~~center~~located in this state. The governor shall appoint this	2427
member from among three persons nominated by OHA: the association	2428
for hospitals and health systems, three persons nominated by the	2429
Ohio osteopathic association, and three persons nominated by the	2430
association of Ohio children's hospitals~~, and three persons~~	2431
~~nominated by the health forum of Ohio~~. One member shall be a	2432
registered nurse with EMS certification who ~~is in the active~~	2433
~~practice of emergency nursing~~performs mobile intensive care or	2434
air medical transport. The governor shall appoint this member from	2435
among three persons nominated by the Ohio nurses association,	2436
three persons nominated by the Ohio association of critical care	2437
transport, and three persons nominated by the Ohio state council	2438
of the emergency nurses association. One member shall be the chief	2439
of a fire department that is also an emergency medical service	2440
organization in which more than fifty per cent of the persons who	2441
provide emergency medical services are full-time paid employees.	2442
The governor shall appoint this member from among three persons	2443
nominated by the Ohio fire chiefs' association. One member shall	2444
be the chief of a fire department that is also an emergency	2445
medical service organization in which more than fifty per cent of	2446
the persons who provide emergency medical services are volunteers.	2447
The governor shall appoint this member from among three persons	2448
nominated by the Ohio fire chiefs' association. One member shall	2449
be a person who is certified to teach under section 4765.23 of the	2450
Revised Code ~~or, if the board has not yet certified persons to~~	2451
~~teach under that section, a person who is qualified to be~~	2452
~~certified to teach under that section~~and holds a valid	2453
certificate to practice as an EMT, AEMT, or paramedic. The	2454
governor shall appoint this member from among three persons	2455
nominated by the Ohio emergency medical technician instructors	2456
association and the Ohio instructor/coordinators' society. One	2457
member shall be an ~~EMT-basic, one shall be an EMT-I, and one~~EMT,	2458
AEMT, or paramedic, and one member shall be a paramedic. The	2459
governor shall appoint these members from among three ~~EMTs-basic,~~	2460
~~three EMTs-I,~~EMTs or AEMTs and three paramedics nominated by the	2461
Ohio association of professional fire fighters ~~and three~~	2462
~~EMTs-basic, three EMTs-I, and three paramedics nominated by the~~	2463
~~northern Ohio fire fighters~~. One member shall be an ~~EMT-basic,~~	2464
~~one shall be an EMT-I, and one~~EMT, AEMT, or paramedic, and one	2465
member shall be a paramedic ~~whom the~~. The governor shall appoint	2466
these members from among three ~~EMTs-basic, three EMTs-I,~~EMTs or	2467
AEMTs and three paramedics nominated by the Ohio state	2468
firefighter's association. One member shall be a person whom the	2469
governor shall appoint from among an ~~EMT-basic, an EMT-I, and~~EMT,	2470
AEMT, or a paramedic nominated by the Ohio association of	2471
emergency medical services or the Ohio ambulance and medical	2472
transportation association. One member shall be an EMT, AEMT, or a	2473
paramedic, whom the governor shall appoint from among three	2474
persons nominated by the Ohio ambulance and medical transportation	2475
association. One member shall be a paramedic, whom the governor	2476
shall appoint from among three persons nominated by the Ohio	2477
ambulance and medical transportation association. ~~The governor~~	2478
~~shall appoint one member who is an EMT-basic, EMT-I, or paramedic~~	2479
~~affiliated with an emergency medical services organization. One~~	2480
~~member shall be a member of the Ohio ambulance association whom~~	2481
~~the governor shall appoint from among three persons nominated by~~	2482
~~the Ohio ambulance association. One member shall be a physician~~	2483
~~certified by the American board of surgery, American board of~~	2484
~~osteopathic surgery, American osteopathic board of emergency~~	2485
~~medicine, or American board of emergency medicine who is the chief~~	2486
~~medical officer of an air medical agency and is currently active~~	2487
~~in providing emergency medical services. The governor shall~~	2488
~~appoint this member from among three persons nominated by the Ohio~~	2489
~~association of air medical services.~~One member shall be the owner	2490
or operator of a private emergency medical service organization	2491
whom the governor shall appoint from among three persons nominated	2492
by the Ohio ambulance and medical transportation association. One	2493
member shall be a provider of mobile intensive care unit	2494
transportation in this state whom the governor shall appoint from	2495
among three persons nominated by the Ohio association of critical	2496
care transport. One member shall be a provider of air-medical	2497
transportation in this state whom the governor shall appoint from	2498
among three persons nominated by the Ohio association of critical	2499
care transport. One member shall be the owner or operator of a	2500
nonemergency medical service organization in this state that	2501
provides ambulette services whom the governor shall appoint from	2502
among three persons nominated by the Ohio ambulance and medical	2503
transportation association.	2504

The governor may refuse to appoint any of the persons	2505
nominated by one or more organizations under division (A)(2) of	2506
this section, except the employee of the department of public	2507
safety designated by the director of public safety under this	2508
section to be a member of the board. In that event, the	2509
organization or organizations shall continue to nominate the	2510
required number of persons until the governor appoints to the	2511
board one or more of the persons nominated by the organization or	2512
organizations.	2513

The director of public safety shall designate an employee of	2514
the department of public safety to serve as a member of the board	2515
at the director's pleasure. This member shall serve as a liaison	2516
between the department and the division of emergency medical	2517
services in cooperation with the executive director of the board.	2518

~~Initial appointments to the board by the governor and the~~	2519
~~director of public safety shall be made within ninety days after~~	2520
~~November 12, 1992. Of the initial appointments by the governor,~~	2521
~~five shall be for terms ending one year after November 12, 1992,~~	2522
~~six shall be for terms ending two years after November 12, 1992,~~	2523
~~and six shall be for terms ending three years after November 12,~~	2524
~~1992. Within ninety days after the effective date of this~~	2525
~~amendment, the governor shall appoint the member of the board who~~	2526
~~is the chief medical officer of an air medical agency for an~~	2527
~~initial term ending November 12, 2000. Thereafter, terms~~	2528

(B) Terms of office of all members appointed by the governor	2529
shall be for three years, each term ending on the same day of the	2530
same month as did the term it succeeds. Each member shall hold	2531
office from the date of appointment until the end of the term for	2532
which the member was appointed. A member shall continue in office	2533
subsequent to the expiration date of the member's term until the	2534
member's successor takes office, or until a period of sixty days	2535
has elapsed, whichever occurs first.	2536

Each vacancy shall be filled in the same manner as the	2537
original appointment. A member appointed to fill a vacancy	2538
occurring prior to the expiration of the term for which the	2539
member's predecessor was appointed shall hold office for the	2540
remainder of the unexpired term.	2541

The term of a member shall expire if the member ceases to	2542
meet any of the requirements to be appointed as that member. The	2543
governor may remove any member from office for neglect of duty,	2544
malfeasance, misfeasance, or nonfeasance, after an adjudication	2545
hearing held in accordance with Chapter 119. of the Revised Code.	2546

(C) The members of the board shall serve without compensation	2547
but shall be reimbursed for their actual and necessary expenses	2548
incurred in carrying out their duties as board members.	2549

(D) The board shall organize by annually selecting a chair	2550
and vice-chair from among its members. The board may adopt bylaws	2551
to regulate its affairs. A majority of all members of the board	2552
shall constitute a quorum. No action shall be taken without the	2553
concurrence of a majority of all members of the board. The board	2554
shall meet at least four times annually and at the call of the	2555
chair. The chair shall call a meeting on the request of the	2556
executive director or the medical director of the board or on the	2557
written request of five members. The board shall maintain written	2558
or electronic records of its meetings.	2559

(E) Upon twenty-four hours' notice from a member of the	2560
board, the member's employer shall release the member from the	2561
member's employment duties to attend meetings of the full board.	2562
Nothing in this ~~paragraph~~division requires the employer of a	2563
member of the board to compensate the member for time the member	2564
is released from employment duties under this paragraph, but any	2565
civil immunity, workers' compensation, disability, or similar	2566
coverage that applies to a member of the board as a result of the	2567
member's employment shall continue to apply while the member is	2568
released from employment duties under this paragraph.	2569

Sec. 4765.03. (A) The director of public safety shall	2570
appoint a full-time executive director for the state board of	2571
emergency medical, fire, and transportation services. The	2572
executive director shall be knowledgeable in emergency medical	2573
services and trauma care and shall serve at the pleasure of the	2574
director of public safety. The director of public safety shall	2575
appoint the executive director from among three persons nominated	2576
by the board. The director of public safety may refuse, for cause,	2577
to appoint any of the board's nominees. If the director fails to	2578
appoint any of the board's nominees, the board shall continue to	2579
nominate groups of three persons until the director does appoint	2580
one of the board's nominees. The executive director shall serve as	2581
the chief executive officer of the board and as the executive	2582
director of the division of emergency medical services. The	2583
executive director shall attend each meeting of the board, except	2584
the board may exclude the executive director from discussions	2585
concerning the employment or performance of the executive director	2586
or medical director of the board. The executive director shall	2587
give a surety bond to the state in such sum as the board	2588
determines, conditioned on the faithful performance of the duties	2589
of the executive director's office. The executive director shall	2590
receive a salary from the board and shall be reimbursed for actual	2591
and necessary expenses incurred in carrying out duties as	2592
executive director.	2593

The executive director shall submit a report to the director	2594
of public safety at least every three months regarding the status	2595
of emergency medical services in this state. The executive	2596
director shall meet with the director of public safety at the	2597
director's request.	2598

(B) The board shall appoint a medical director, who shall	2599
serve at the pleasure of the board. The medical director shall be	2600
a physician certified by the American board of emergency medicine	2601
or the American osteopathic board of emergency medicine who is	2602
active in the practice of emergency medicine and has been actively	2603
involved with an emergency medical service organization for at	2604
least five years prior to being appointed. The board shall	2605
consider any recommendations for this appointment from the Ohio	2606
chapter of the American college of emergency physicians, the Ohio	2607
chapter of the American college of surgeons, the Ohio chapter of	2608
the American academy of pediatrics, the Ohio osteopathic	2609
association, and the Ohio state medical association.	2610

The medical director shall direct the executive director and	2611
advise the board with regard to adult and pediatric trauma and	2612
emergency medical services issues. The medical director shall	2613
attend each meeting of the board, except the board may exclude the	2614
medical director from discussions concerning the appointment or	2615
performance of the medical director or executive director of the	2616
board. The medical director shall be employed and paid by the	2617
board and shall be reimbursed for actual and necessary expenses	2618
incurred in carrying out duties as medical director.	2619

(C) The board may appoint employees as it determines	2620
necessary. The board shall prescribe the duties and titles of its	2621
employees.	2622

Sec. 4765.04. (A) The firefighter and fire safety inspector	2623
training committee of the state board of emergency medical, fire,	2624
and transportation services is hereby created and shall consist of	2625
the members of the board who are chiefs of fire departments, and	2626
the members of the board who are emergency medical	2627
technicians-basic, emergency medical technicians-intermediate, and	2628
emergency medical technicians-paramedic appointed from among	2629
persons nominated by the Ohio association of professional fire	2630
fighters or the northern Ohio fire fighters and from among persons	2631
nominated by the Ohio state firefighter's association. Each member	2632
of the committee, except the chairperson, may designate a person	2633
with fire experience to serve in that member's place. The members	2634
of the committee or their designees shall select a chairperson	2635
from among the members or their designees.	2636

The committee may conduct investigations in the course of	2637
discharging its duties under this chapter. In the course of an	2638
investigation, the committee may issue subpoenas. If a person	2639
subpoenaed fails to comply with the subpoena, the committee may	2640
authorize its chairperson to apply to the court of common pleas in	2641
the county where the person to be subpoenaed resides for an order	2642
compelling compliance in the same manner as compliance with a	2643
subpoena issued by the court is compelled.	2644

(B) The trauma committee of the state board of emergency	2645
medical, fire, and transportation services is hereby created and	2646
shall consist of the following members appointed by the director	2647
of public safety:	2648

(1) A physician who is certified by the American board of	2649
surgery or American osteopathic board of surgery and actively	2650
practices general trauma surgery, appointed from among three	2651
persons nominated by the Ohio chapter of the American college of	2652
surgeons, three persons nominated by the Ohio state medical	2653
association, and three persons nominated by the Ohio osteopathic	2654
association;	2655

(2) A physician who is certified by the American board of	2656
surgery or the American osteopathic board of surgery and actively	2657
practices orthopedic trauma surgery, appointed from among three	2658
persons nominated by the Ohio orthopedic society and three persons	2659
nominated by the Ohio osteopathic association;	2660

(3) A physician who is certified by the American board of	2661
neurological surgeons or the American osteopathic board of surgery	2662
and actively practices neurosurgery on trauma victims, appointed	2663
from among three persons nominated by the Ohio state neurological	2664
society and three persons nominated by the Ohio osteopathic	2665
association;	2666

(4) A physician who is certified by the American board of	2667
surgeons or American osteopathic board of surgeons and actively	2668
specializes in treating burn victims, appointed from among three	2669
persons nominated by the Ohio chapter of the American college of	2670
surgeons and three persons nominated by the Ohio osteopathic	2671
association;	2672

(5) A dentist who is certified by the American board of oral	2673
and maxillofacial surgery and actively practices oral and	2674
maxillofacial surgery, appointed from among three persons	2675
nominated by the Ohio dental association;	2676

(6) A physician who is certified by the American board of	2677
physical medicine and rehabilitation or American osteopathic board	2678
of rehabilitation medicine and actively provides rehabilitative	2679
care to trauma victims, appointed from among three persons	2680
nominated by the Ohio society of physical medicine and	2681
rehabilitation and three persons nominated by the Ohio osteopathic	2682
association;	2683

(7) A physician who is certified by the American board of	2684
surgery or American osteopathic board of surgery with special	2685
qualifications in pediatric surgery and actively practices	2686
pediatric trauma surgery, appointed from among three persons	2687
nominated by the Ohio chapter of the American academy of	2688
pediatrics and three persons nominated by the Ohio osteopathic	2689
association;	2690

(8) A physician who is certified by the American board of	2691
emergency medicine or American osteopathic board of emergency	2692
medicine, actively practices emergency medicine, and is actively	2693
involved in emergency medical services, appointed from among three	2694
persons nominated by the Ohio chapter of the American college of	2695
emergency physicians and three persons nominated by the Ohio	2696
osteopathic association;	2697

(9) A physician who is certified by the American board of	2698
pediatrics, American osteopathic board of pediatrics, or American	2699
board of emergency medicine, is sub-boarded in pediatric emergency	2700
medicine, actively practices pediatric emergency medicine, and is	2701
actively involved in emergency medical services, appointed from	2702
among three persons nominated by the Ohio chapter of the American	2703
academy of pediatrics, three persons nominated by the Ohio chapter	2704
of the American college of emergency physicians, and three persons	2705
nominated by the Ohio osteopathic association;	2706

(10) A physician who is certified by the American board of	2707
surgery, American osteopathic board of surgery, or American board	2708
of emergency medicine and is the chief medical officer of an air	2709
medical organization, appointed from among three persons nominated	2710
by the Ohio association of air medical services;	2711

(11) A coroner or medical examiner appointed from among three	2712
people nominated by the Ohio state coroners' association;	2713

(12) A registered nurse who actively practices trauma nursing	2714
at an adult or pediatric trauma center, appointed from among three	2715
persons nominated by the Ohio association of trauma nurse	2716
coordinators;	2717

(13) A registered nurse who actively practices emergency	2718
nursing and is actively involved in emergency medical services,	2719
appointed from among three persons nominated by the Ohio chapter	2720
of the emergency nurses' association;	2721

(14) The chief trauma registrar of an adult or pediatric	2722
trauma center, appointed from among three persons nominated by the	2723
alliance of Ohio trauma registrars;	2724

(15) The administrator of an adult or pediatric trauma	2725
center, appointed from among three persons nominated by OHA: the	2726
association for hospitals and health systems, three persons	2727
nominated by the Ohio osteopathic association, three persons	2728
nominated by the association of Ohio children's hospitals, and	2729
three persons nominated by the health forum of Ohio;	2730

(16) The administrator of a hospital that is not a trauma	2731
center and actively provides emergency care to adult or pediatric	2732
trauma patients, appointed from among three persons nominated by	2733
OHA: the association for hospitals and health systems, three	2734
persons nominated by the Ohio osteopathic association, three	2735
persons nominated by the association of Ohio children's hospitals,	2736
and three persons nominated by the health forum of Ohio;	2737

(17) The operator of an ambulance company that actively	2738
provides trauma care to emergency patients, appointed from among	2739
three persons nominated by the Ohio ambulance association;	2740

(18) The chief of a fire department that actively provides	2741
trauma care to emergency patients, appointed from among three	2742
persons nominated by the Ohio fire chiefs' association;	2743

(19) An EMT or paramedic who is certified under this chapter	2744
and actively provides trauma care to emergency patients, appointed	2745
from among three persons nominated by the Ohio association of	2746
professional firefighters, three persons nominated by the northern	2747
Ohio fire fighters, three persons nominated by the Ohio state	2748
firefighters' association, and three persons nominated by the Ohio	2749
association of emergency medical services;	2750

(20) A person who actively advocates for trauma victims,	2751
appointed from three persons nominated by the Ohio brain injury	2752
association and three persons nominated by the governor's council	2753
on people with disabilities;	2754

(21) A physician or nurse who has substantial administrative	2755
responsibility for trauma care provided in or by an adult or	2756
pediatric trauma center, appointed from among three persons	2757
nominated by OHA: the association for hospitals and health	2758
systems, three persons nominated by the Ohio osteopathic	2759
association, three persons nominated by the association of Ohio	2760
children's hospitals, and three persons nominated by the health	2761
forum of Ohio;	2762

(22) Three representatives of hospitals that are not trauma	2763
centers and actively provide emergency care to trauma patients,	2764
appointed from among three persons nominated by OHA: the	2765
association for hospitals and health systems, three persons	2766
nominated by the Ohio osteopathic association, three persons	2767
nominated by the association of Ohio children's hospitals, and	2768
three persons nominated by the health forum of Ohio. The	2769
representatives may be hospital administrators, physicians,	2770
nurses, or other clinical professionals.	2771

Members of the committee shall have substantial experience in	2772
the categories they represent, shall be residents of this state,	2773
and may be members of the state board of emergency medical, fire,	2774
and transportation services. In appointing members of the	2775
committee, the director shall attempt to include members	2776
representing urban and rural areas, various geographical areas of	2777
the state, and various schools of training. The director shall not	2778
appoint to the committee more than one member who is employed by	2779
or practices at the same hospital, health system, or emergency	2780
medical service organization.	2781

The director may refuse to appoint any of the persons	2782
nominated by an organization or organizations under this division.	2783
In that event, the organization or organizations shall continue to	2784
nominate the required number of persons until the director	2785
appoints to the committee one or more of the persons nominated by	2786
the organization or organizations.	2787

Initial appointments to the committee shall be made by the	2788
director not later than ninety days after November 3, 2000.	2789
Members of the committee shall serve at the pleasure of the	2790
director, except that any member of the committee who ceases to be	2791
qualified for the position to which the member was appointed shall	2792
cease to be a member of the committee. Vacancies on the committee	2793
shall be filled in the same manner as original appointments.	2794

The members of the committee shall serve without compensation	2795
but shall be reimbursed for actual and necessary expenses incurred	2796
in carrying out duties as members of the committee.	2797

The committee shall select a chairperson and vice-chairperson	2798
from among its members. A majority of all members of the committee	2799
shall constitute a quorum. No action shall be taken without the	2800
concurrence of a majority of all members of the committee. The	2801
committee shall meet at the call of the chair, upon written	2802
request of five members of the committee, and at the direction of	2803
the state board of emergency medical, fire, and transportation	2804
services. The committee shall not meet at times or locations that	2805
conflict with meetings of the board. The executive director and	2806
medical director of the state board of emergency medical, fire,	2807
and transportation services may participate in any meeting of the	2808
committee and shall do so at the request of the committee.	2809

The committee shall advise and assist the state board of	2810
emergency medical, fire, and transportation services in matters	2811
related to adult and pediatric trauma care and the establishment	2812
and operation of the state trauma registry. In matters relating to	2813
the state trauma registry, the board and the committee shall	2814
consult with trauma registrars from adult and pediatric trauma	2815
centers in the state. The committee may appoint a subcommittee to	2816
advise and assist with the trauma registry. The subcommittee may	2817
include persons with expertise relevant to the trauma registry who	2818
are not members of the board or committee.	2819

(C) The state board of emergency medical, fire, and	2820
transportation services may appoint other committees and	2821
subcommittees as it considers necessary.	2822

(D) The state board of emergency medical, fire, and	2823
transportation services, and any of its committees or	2824
subcommittees, may request assistance from any state agency. The	2825
board and its committees and subcommittees may permit persons who	2826
are not members of those bodies to participate in deliberations of	2827
those bodies, but no person who is not a member of the board shall	2828
vote on the board and no person who is not a member of a committee	2829
created under division (A) or (B) of this section shall vote on	2830
that committee.	2831

(E) Sections 101.82 to 101.87 of the Revised Code do not	2832
apply to the committees established under division (A) or (B) of	2833
this section.	2834

Sec. 4765.05. (A) As used in this section, "prehospital	2835
emergency medical services" means an emergency medical services	2836
system that provides medical services to patients who require	2837
immediate assistance, because of illness or injury, prior to their	2838
arrival at an emergency medical facility.	2839

(B) The state board of emergency medical, fire, and	2840
transportation services shall divide the state geographically into	2841
prehospital emergency medical services regions for purposes of	2842
overseeing the delivery of adult and pediatric prehospital	2843
emergency medical services. For each prehospital emergency medical	2844
services region, the state board of emergency medical, fire, and	2845
transportation services shall appoint either a physician to serve	2846
as the regional director or a physician advisory board to serve as	2847
the regional advisory board. The state board of emergency medical,	2848
fire, and transportation services shall specify the duties of each	2849
regional director and regional advisory board. Regional directors	2850
and members of regional advisory boards shall serve without	2851
compensation, but shall be reimbursed for actual and necessary	2852
expenses incurred in carrying out duties as regional directors and	2853
members of regional advisory boards.	2854

(C) Nothing in this section shall be construed to limit in	2855
any way the ability of a hospital to determine the market area of	2856
that hospital.	2857

Sec. 4765.06. (A) The state board of emergency medical,	2858
fire, and transportation services shall establish an emergency	2859
medical services incidence reporting system for the collection of	2860
information regarding the delivery of emergency medical services	2861
in this state and the frequency at which the services are	2862
provided. All emergency medical service organizations shall submit	2863
to the board any information that the board determines is	2864
necessary for maintaining the incidence reporting system.	2865

(B) The board shall establish a state trauma registry to be	2866
used for the collection of information regarding the care of adult	2867
and pediatric trauma victims in this state. The registry shall	2868
provide for the reporting of adult and pediatric trauma-related	2869
deaths, identification of adult and pediatric trauma patients,	2870
monitoring of adult and pediatric trauma patient care data,	2871
determination of the total amount of uncompensated adult and	2872
pediatric trauma care provided annually by each facility that	2873
provides care to trauma victims, and collection of any other	2874
information specified by the board. All persons designated by the	2875
board shall submit to the board any information it determines is	2876
necessary for maintaining the state trauma registry. At the	2877
request of the board any state agency possessing information	2878
regarding adult or pediatric trauma care shall provide the	2879
information to the board. The board shall maintain the state	2880
trauma registry in accordance with rules adopted under section	2881
4765.11 of the Revised Code.	2882

Rules relating to the state trauma registry adopted under	2883
this section and section 4765.11 of the Revised Code shall not	2884
prohibit the operation of other trauma registries and may provide	2885
for the reporting of information to the state trauma registry by	2886
or through other trauma registries in a manner consistent with	2887
information otherwise reported to the state trauma registry. Other	2888
trauma registries may report aggregate information to the state	2889
trauma registry, provided the information can be matched to the	2890
person that reported it. Information maintained by another trauma	2891
registry and reported to the state trauma registry in lieu of	2892
being reported directly to the state trauma registry is a public	2893
record and shall be maintained, made available to the public, held	2894
in confidence, risk adjusted, and not subject to discovery or	2895
introduction into evidence in a civil action as provided in	2896
section 149.43 of the Revised Code and this section. Any person	2897
who provides, maintains, or risk adjusts such information shall	2898
comply with this section and rules adopted under it in performing	2899
that function and has the same immunities with respect to that	2900
function as a person who performs that function with respect to	2901
the state trauma registry.	2902

(C) The board and any employee or contractor of the board or	2903
the department of public safety shall not make public information	2904
it receives under Chapter 4765. of the Revised Code that	2905
identifies or would tend to identify a specific recipient of	2906
emergency medical services or adult or pediatric trauma care.	2907

(D) Not later than two years after November 3, 2000, the	2908
board shall adopt and implement rules under section 4765.11 of the	2909
Revised Code that provide written standards and procedures for	2910
risk adjustment of information received by the board under Chapter	2911
4765. of the Revised Code. The rules shall be developed in	2912
consultation with appropriate medical, hospital, and emergency	2913
medical service organizations and may provide for risk adjustment	2914
by a contractor of the board. Except as provided in division (G)	2915
of this section, before risk adjustment standards and procedures	2916
are implemented, no member of the board and no employee or	2917
contractor of the board or the department of public safety shall	2918
make public information received by the board under Chapter 4765.	2919
of the Revised Code that identifies or would tend to identify a	2920
specific provider of emergency medical services or adult or	2921
pediatric trauma care. Except as provided in division (G) of this	2922
section, after risk adjustment standards and procedures are	2923
implemented, the board shall make public such information only on	2924
a risk adjusted basis.	2925

(E) The board shall adopt rules under section 4765.11 of the	2926
Revised Code that specify procedures for ensuring the	2927
confidentiality of information that is not to be made public under	2928
this section. The rules shall specify the circumstances in which	2929
deliberations of the persons performing risk adjustment functions	2930
under this section are not open to the public and records of those	2931
deliberations are maintained in confidence. Nothing in this	2932
section prohibits the board from making public statistical	2933
information that does not identify or tend to identify a specific	2934
recipient or provider of emergency medical services or adult or	2935
pediatric trauma care.	2936

(F) No provider that furnishes information to the board with	2937
respect to any patient the provider examined or treated shall,	2938
because of this furnishing, be deemed liable in damages to any	2939
person or be held to answer for betrayal of a professional	2940
confidence in the absence of willful or wanton misconduct. No such	2941
information shall be subject to introduction in evidence in any	2942
civil action against the provider. No provider that furnishes	2943
information to the board shall be liable for the misuse or	2944
improper release of the information by the board or any other	2945
person.	2946

No person who performs risk adjustment functions under this	2947
section shall, because of performing such functions, be held	2948
liable in a civil action for betrayal of professional confidence	2949
or otherwise in the absence of willful or wanton misconduct.	2950

(G) The board may transmit data that identifies or tends to	2951
identify a specific provider of emergency medical services care	2952
and has not been risk-adjusted from the emergency medical services	2953
incident reporting system directly to the national emergency	2954
medical services information system, pursuant to a written	2955
contract between the board and the federal agency that administers	2956
the national emergency medical services information system, which	2957
shall ensure to the maximum extent permitted by federal law that	2958
such agency shall use such data solely for inclusion in the	2959
national emergency medical services information system and shall	2960
not disclose such data to the public, through legal discovery, a	2961
freedom of information request, or otherwise, in a manner that	2962
identifies or tends to identify a specific provider of emergency	2963
medical services care.	2964

Sec. 4765.07. (A) The state board of emergency medical,	2965
fire, and transportation services shall adopt rules under section	2966
4765.11 of the Revised Code to establish and administer a grant	2967
program under which grants are distributed according to the	2968
following priorities:	2969

(1) First priority shall be given to emergency medical	2970
service organizations for the training of personnel, for the	2971
purchase of equipment and vehicles, and to improve the	2972
availability, accessibility, and quality of emergency medical	2973
services in this state. In this category, the board shall give	2974
priority to grants that fund training and equipping of emergency	2975
medical service personnel.	2976

(2) Second priority shall be given to entities that research,	2977
test, and evaluate medical procedures and systems related to adult	2978
and pediatric trauma care.	2979

(3) Third priority shall be given to entities that research	2980
the causes, nature, and effects of traumatic injuries, educate the	2981
public about injury prevention, and implement, test, and evaluate	2982
injury prevention strategies.	2983

(4) Fourth priority shall be given to entities that research,	2984
test, and evaluate procedures that promote the rehabilitation,	2985
retraining, and reemployment of adult or pediatric trauma victims	2986
and social service support mechanisms for adult or pediatric	2987
trauma victims and their families.	2988

(5) Fifth priority shall be given to entities that conduct	2989
research on, test, or evaluate one or more of the following:	2990

(a) Procedures governing the performance of emergency medical	2991
services in this state;	2992

(b) The training of emergency medical service personnel;

2993

2994

(6) For grants distributed for the grant award years	2995
occurring not later than the award year ending June 30, 2017,	2996
sixth priority shall be given to entities that operate paramedic	2997
training programs and are seeking national accreditation of the	2998
programs.	2999

(B) To be eligible for a grant distributed pursuant to	3000
division (A)(6) of this section, an applicant for the grant shall	3001
meet all of the following conditions:	3002

(1) Hold a certificate of accreditation issued by the board	3003
under section 4765.17 of the Revised Code to operate a paramedic	3004
training program;	3005

(2) Be seeking initial national accreditation of the program	3006
from an accrediting organization approved by the board;	3007

(3) Apply for the national accreditation on or after February	3008
25, 2010.	3009

(C) The grant program shall be funded from the trauma and	3010
emergency medical services fund created by section 4513.263 of the	3011
Revised Code.	3012

Sec. 4765.08. The state board of emergency medical, fire,	3013
and transportation services shall prepare a statewide emergency	3014
medical services plan and shall revise the plan as necessary.	3015

The board shall prepare a plan for the statewide regulation	3016
of emergency medical services during periods of disaster. The plan	3017
shall be consistent with the statewide emergency medical services	3018
plan required under this section and with the statewide emergency	3019
operations plan required under section 5502.22 of the Revised	3020
Code. The board shall submit the plan to the emergency management	3021
agency created under section 5502.22 of the Revised Code. The	3022
board shall cooperate with the agency in any other manner the	3023
agency considers necessary to develop and implement the statewide	3024
emergency operations plan.	3025

Sec. 4765.09. The state board of emergency medical, fire,	3026
and transportation services shall prepare recommendations for the	3027
operation of ambulance service organizations, air medical	3028
organizations, and emergency medical service organizations. Within	3029
thirty days following the preparation or modification of	3030
recommendations, the board shall notify the board of county	3031
commissioners of any county, the board of township trustees of any	3032
township, the board of trustees of any joint ambulance district,	3033
or the board of trustees of any joint emergency medical services	3034
district in which there exist ambulance service organizations, air	3035
medical organizations, or emergency medical service organizations	3036
of any board recommendations for the operation of such	3037
organizations. The recommendations shall include, but not be	3038
limited to:	3039

(A) The definition and classification of ambulances and	3040
medical aircraft;	3041

(B) The design, equipment, and supplies for ambulances and	3042
medical aircraft, including special equipment, supplies, training,	3043
and staffing required to assist pediatric and geriatric emergency	3044
victims;	3045

(C) The minimum number and type of personnel for the	3046
operation of ambulances and medical aircraft;	3047

(D) The communication systems necessary for the operation of	3048
ambulances and medical aircraft;	3049

(E) Reports to be made by persons holding certificates of	3050
accreditation or approval issued under section 4765.17 of the	3051
Revised Code and certificates to practice issued under section	3052
4765.30 of the Revised Code to ascertain compliance with this	3053
chapter and the rules and recommendations adopted thereunder and	3054
to ascertain the quantity and quality of ambulance service	3055
organizations, air medical organizations, and emergency medical	3056
service organizations throughout the state.	3057

Sec. 4765.10. (A) The state board of emergency medical,	3058
fire, and transportation services shall do all of the following:	3059

(1) Administer and enforce the provisions of this chapter and	3060
the rules adopted under it;	3061

(2) Approve, in accordance with procedures established in	3062
rules adopted under section 4765.11 of the Revised Code,	3063
examinations that demonstrate competence to have a certificate to	3064
practice renewed without completing a continuing education	3065
program;	3066

(3) Advise applicants for state or federal emergency medical	3067
services funds, review and comment on applications for these	3068
funds, and approve the use of all state and federal funds	3069
designated solely for emergency medical service programs unless	3070
federal law requires another state agency to approve the use of	3071
all such federal funds;	3072

(4) Serve as a statewide clearinghouse for discussion,	3073
inquiry, and complaints concerning emergency medical services;	3074

(5) Make recommendations to the general assembly on	3075
legislation to improve the delivery of emergency medical services;	3076

(6) Maintain a toll-free long distance telephone number	3077
through which it shall respond to questions about emergency	3078
medical services;	3079

(7) Work with appropriate state offices in coordinating the	3080
training of firefighters and emergency medical service personnel.	3081
Other state offices that are involved in the training of	3082
firefighters or emergency medical service personnel shall	3083
cooperate with the board and its committees and subcommittees to	3084
achieve this goal.	3085

(8) Provide a liaison to the state emergency operation center	3086
during those periods when a disaster, as defined in section	3087
5502.21 of the Revised Code, has occurred in this state and the	3088
governor has declared an emergency as defined in that section.	3089

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

3090

(1) Investigate complaints concerning emergency medical	3091
services and emergency medical service organizations as it	3092
determines necessary;	3093

(2) Enter into reciprocal agreements with other states that	3094
have standards for accreditation of emergency medical services	3095
training programs and for certification of first responders,	3096
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety	3097
inspectors that are substantially similar to those established	3098
under this chapter and the rules adopted under it;	3099

(3) Establish a statewide public information system and	3100
public education programs regarding emergency medical services;	3101

(4) Establish an injury prevention program.

3102

Sec. 4765.101. (A) The state board of emergency medical,	3103
fire, and transportation services shall investigate any allegation	3104
that a person has violated this chapter or a rule adopted under	3105
it.	3106

Any person may submit to the board a written complaint	3107
regarding an alleged violation of this chapter or a rule adopted	3108
under it. In the absence of fraud or bad faith, no person	3109
submitting a complaint to the board or testifying in an	3110
adjudication hearing conducted in accordance with Chapter 119. of	3111
the Revised Code with regard to such an alleged violation shall be	3112
liable to any person in damages in a civil action as a result of	3113
submitting the complaint or providing testimony.	3114

(B) In investigating an allegation, the board may do any of	3115
the following:	3116

(1) Administer oaths;

3117

(2) Order the taking of depositions;

3118

(3) Issue subpoenas;

3119

(4) Compel the attendance of witnesses and production of	3120
books, accounts, papers, records, documents, and testimony.	3121

(C) A subpoena for patient record information shall not be	3122
issued without consultation with the attorney general's office and	3123
approval of the executive director of the board. Before issuance	3124
of a subpoena for patient record information, the executive	3125
director shall determine whether there is probable cause to	3126
believe that the complaint filed alleges a violation of this	3127
chapter or any rule adopted under it and that the records sought	3128
are relevant to the alleged violation and material to the	3129
investigation. The subpoena may apply only to records that cover a	3130
reasonable period of time surrounding the alleged violation.	3131

(D) On failure to comply with any subpoena issued by the	3132
board and after reasonable notice to the person being subpoenaed,	3133
the board may move, pursuant to the Rules of Civil Procedure, for	3134
an order compelling the production of persons or records.	3135

(E) A subpoena issued by the board may be served by a	3136
sheriff, the sheriff's deputy, or an investigator for the division	3137
of emergency medical services of the department of public safety.	3138
Service of a subpoena issued by the board may be made by	3139
delivering a copy of the subpoena to the person named in it,	3140
reading it to the person, or leaving it at the person's usual	3141
place of residence. When the person being served is an individual	3142
authorized by this chapter to practice emergency medical services,	3143
service of the subpoena may be made by certified mail, restricted	3144
delivery, return receipt requested, and the subpoena shall be	3145
deemed served on the date delivery is made or on the date that the	3146
person refuses to accept delivery.	3147

Sec. 4765.102. (A) As used in this section, "licensing	3148
agency" means any entity that has the authority pursuant to Title	3149
XLVII of the Revised Code to issue a license, and any other agency	3150
of this or another state, other than the Ohio supreme court, that	3151
has the authority to issue a license that authorizes an individual	3152
to engage in an occupation or profession. "Licensing agency"	3153
includes an administrative officer that has authority to issue a	3154
license that authorizes an individual to engage in an occupation	3155
or profession.	3156

(B) Except as provided in divisions (C) and (D) of this	3157
section and section 4765.111 of the Revised Code, all information	3158
the state board of emergency medical, fire, and transportation	3159
services receives pursuant to an investigation, including	3160
information regarding an alleged violation of this chapter or	3161
rules adopted under it or a complaint submitted under division (A)	3162
of section 4765.101 of the Revised Code, is confidential, and is	3163
not subject to discovery in any civil action, during the course of	3164
the investigation and any adjudication proceedings that result	3165
from the investigation. Upon completion of the investigation and	3166
any resulting adjudication proceedings, the information is a	3167
matter of public record for purposes of section 149.43 of the	3168
Revised Code.	3169

(C) The board may release information otherwise made	3170
confidential by division (B) of this section to law enforcement	3171
officers or licensing agencies of this or another state that are	3172
prosecuting, adjudicating, or investigating the holder of a	3173
certificate issued under this chapter or a person who allegedly	3174
engaged in the unauthorized provision of emergency medical	3175
services.	3176

A law enforcement officer or licensing agency with	3177
information disclosed by the board under this division shall not	3178
divulge the information other than for the purpose of an	3179
adjudication by a court or licensing agency to which the subject	3180
of the adjudication is a party.	3181

(D) If an investigation conducted under section 4765.101 of	3182
the Revised Code requires a review of patient records, the	3183
investigation and proceedings related to it shall be conducted in	3184
such a manner as to protect patient confidentiality. The board	3185
shall not make public the name or any other identifying	3186
information about a patient unless proper consent is given in	3187
accordance with rules adopted by the board. If the patient is less	3188
than eighteen years of age, the board shall obtain consent from	3189
the patient's parent, guardian, or custodian.	3190

Sec. 4765.11. (A) The state board of emergency medical,	3191
fire, and transportation services shall adopt, and may amend and	3192
rescind, rules in accordance with Chapter 119. of the Revised Code	3193
and division (C) of this section that establish all of the	3194
following:	3195

(1) Procedures for its governance and the control of its	3196
actions and business affairs;	3197

(2) Standards for the performance of emergency medical	3198
services by first responders, emergency medical technicians-basic,	3199
emergency medical technicians-intermediate, and emergency medical	3200
technicians-paramedic;	3201

(3) Application fees for certificates of accreditation,	3202
certificates of approval, certificates to teach, and certificates	3203
to practice, which shall be deposited into the trauma and	3204
emergency medical services fund created in section 4513.263 of the	3205
Revised Code;	3206

(4) Criteria for determining when the application or renewal	3207
fee for a certificate to practice may be waived because an	3208
applicant cannot afford to pay the fee;	3209

(5) Procedures for issuance and renewal of certificates of	3210
accreditation, certificates of approval, certificates to teach,	3211
and certificates to practice, including any procedures necessary	3212
to ensure that adequate notice of renewal is provided in	3213
accordance with division (D) of section 4765.30 of the Revised	3214
Code;	3215

(6) Procedures for suspending or revoking certificates of	3216
accreditation, certificates of approval, certificates to teach,	3217
and certificates to practice;	3218

(7) Grounds for suspension or revocation of a certificate to	3219
practice issued under section 4765.30 of the Revised Code and for	3220
taking any other disciplinary action against a first responder,	3221
EMT-basic, EMT-I, or paramedic;	3222

(8) Procedures for taking disciplinary action against a first	3223
responder, EMT-basic, EMT-I, or paramedic;	3224

(9) Standards for certificates of accreditation and	3225
certificates of approval;	3226

(10) Qualifications for certificates to teach;

3227

(11) Requirements for a certificate to practice;

3228

(12) The curricula, number of hours of instruction and	3229
training, and instructional materials to be used in adult and	3230
pediatric emergency medical services training programs and adult	3231
and pediatric emergency medical services continuing education	3232
programs;	3233

(13) Procedures for conducting courses in recognizing	3234
symptoms of life-threatening allergic reactions and in calculating	3235
proper dosage levels and administering injections of epinephrine	3236
to adult and pediatric patients who suffer life-threatening	3237
allergic reactions;	3238

(14) Examinations for certificates to practice;

3239

(15) Procedures for administering examinations for	3240
certificates to practice;	3241

(16) Procedures for approving examinations that demonstrate	3242
competence to have a certificate to practice renewed without	3243
completing an emergency medical services continuing education	3244
program;	3245

(17) Procedures for granting extensions and exemptions of	3246
emergency medical services continuing education requirements;	3247

(18) Procedures for approving the additional emergency	3248
medical services first responders are authorized by division (C)	3249
of section 4765.35 of the Revised Code to perform, EMTs-basic are	3250
authorized by division (C) of section 4765.37 of the Revised Code	3251
to perform, EMTs-I are authorized by division (B)(5) of section	3252
4765.38 of the Revised Code to perform, and paramedics are	3253
authorized by division (B)(6) of section 4765.39 of the Revised	3254
Code to perform;	3255

(19) Standards and procedures for implementing the	3256
requirements of section 4765.06 of the Revised Code, including	3257
designations of the persons who are required to report information	3258
to the board and the types of information to be reported;	3259

(20) Procedures for administering the emergency medical	3260
services grant program established under section 4765.07 of the	3261
Revised Code;	3262

(21) Procedures consistent with Chapter 119. of the Revised	3263
Code for appealing decisions of the board;	3264

(22) Minimum qualifications and peer review and quality	3265
improvement requirements for persons who provide medical direction	3266
to emergency medical service personnel;	3267

(23) The manner in which a patient, or a patient's parent,	3268
guardian, or custodian may consent to the board releasing	3269
identifying information about the patient under division (D) of	3270
section 4765.102 of the Revised Code;	3271

(24) Circumstances under which a training program or	3272
continuing education program, or portion of either type of	3273
program, may be taught by a person who does not hold a certificate	3274
to teach issued under section 4765.23 of the Revised Code;	3275

(25) Certification cycles for certificates issued under	3276
sections 4765.23 and 4765.30 of the Revised Code and certificates	3277
issued by the executive director of the state board of emergency	3278
medical, fire, and transportation services under section 4765.55	3279
of the Revised Code that establish a common expiration date for	3280
all certificates.	3281

(B) The board may adopt, and may amend and rescind, rules in	3282
accordance with Chapter 119. of the Revised Code and division (C)	3283
of this section that establish the following:	3284

(1) Specifications of information that may be collected under	3285
the trauma system registry and incidence reporting system created	3286
under section 4765.06 of the Revised Code;	3287

(2) Standards and procedures for implementing any of the	3288
recommendations made by any committees of the board or under	3289
section 4765.04 of the Revised Code;	3290

(3) Requirements that a person must meet to receive a	3291
certificate to practice as a first responder pursuant to division	3292
(A)(2) of section 4765.30 of the Revised Code;	3293

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

3294

(C) In developing and administering rules adopted under this	3295
chapter, the state board of emergency medical, fire, and	3296
transportation services shall consult with regional directors and	3297
regional physician advisory boards created by section 4765.05 of	3298
the Revised Code and emphasize the special needs of pediatric and	3299
geriatric patients.	3300

(D) Except as otherwise provided in this division, before	3301
adopting, amending, or rescinding any rule under this chapter, the	3302
board shall submit the proposed rule to the director of public	3303
safety for review. The director may review the proposed rule for	3304
not more than sixty days after the date it is submitted. If,	3305
within this sixty-day period, the director approves the proposed	3306
rule or does not notify the board that the rule is disapproved,	3307
the board may adopt, amend, or rescind the rule as proposed. If,	3308
within this sixty-day period, the director notifies the board that	3309
the proposed rule is disapproved, the board shall not adopt,	3310
amend, or rescind the rule as proposed unless at least twelve	3311
members of the board vote to adopt, amend, or rescind it.	3312

This division does not apply to an emergency rule adopted in	3313
accordance with section 119.03 of the Revised Code.	3314

Sec. 4765.111. Except as provided in this section or sections	3315
4765.112 to 4765.116 of the Revised Code, the state board of	3316
emergency medical, fire, and transportation services shall conduct	3317
disciplinary proceedings regarding the holder of a certificate	3318
issued under this chapter in accordance with rules adopted by the	3319
board under section 4765.11 of the Revised Code.	3320

The board and a holder of a certificate are the parties to a	3321
hearing conducted under this chapter. Either party may submit a	3322
written request to the other party for a list of witnesses and	3323
copies of documents intended to be introduced at the hearing. The	3324
request shall be in writing and shall be served not less than	3325
thirty-seven days prior to the commencement of the hearing, unless	3326
the hearing officer or presiding board member grants an extension	3327
of time to make the request. Not later than thirty days before the	3328
hearing, the responding party shall provide the requested list of	3329
witnesses and copies of documents to the requesting party, unless	3330
the hearing officer or presiding board member grants an extension	3331
of time to provide the list and copies.	3332

Failure to timely provide a list or copies requested in	3333
accordance with this section shall result in exclusion from the	3334
hearing of the witnesses, testimony, or documents.	3335

Sec. 4765.112. (A) The state board of emergency medical,	3336
fire, and transportation services, by an affirmative vote of the	3337
majority of its members, may suspend without a prior hearing a	3338
certificate to practice issued under this chapter if the board	3339
determines that there is clear and convincing evidence that	3340
continued practice by the certificate holder presents a danger of	3341
immediate and serious harm to the public and that the certificate	3342
holder has done any of the following:	3343

(1) Furnished false, fraudulent, or misleading information to	3344
the board;	3345

(2) Engaged in activities that exceed those permitted by the	3346
individual's certificate;	3347

(3) In a court of this or any other state or federal court	3348
been convicted of, pleaded guilty to, or been the subject of a	3349
judicial finding of guilt of, a judicial finding of guilt	3350
resulting from a plea of no contest to, or a judicial finding of	3351
eligibility for intervention in lieu of conviction for, a felony	3352
or for a misdemeanor committed in the course of practice or	3353
involving gross immorality or moral turpitude.	3354

(B) Immediately following the decision to impose a summary	3355
suspension, the board, in accordance with section 119.07 of the	3356
Revised Code, shall issue a written order of suspension, cause it	3357
to be delivered to the certificate holder, and notify the	3358
certificate holder of the opportunity for a hearing. If timely	3359
requested by the certificate holder, a hearing shall be conducted	3360
in accordance with section 4765.115 of the Revised Code.	3361

Sec. 4765.113. If the state board of emergency medical,	3362
fire, and transportation services imposes a suspension on the	3363
basis of a conviction, judicial finding, or plea as described in	3364
division (A)(3) of section 4765.112 of the Revised Code that is	3365
overturned on appeal, the certificate holder, on exhaustion of the	3366
criminal appeal process, may file with the board a petition for	3367
reconsideration of the suspension along with appropriate court	3368
documents. On receipt of the petition and documents, the board	3369
shall reinstate the certificate holder's certificate to practice.	3370

Sec. 4765.114. (A) A certificate to practice emergency	3371
medical services issued under this chapter is automatically	3372
suspended on the certificate holder's conviction of, plea of	3373
guilty to, or judicial finding of guilt of any of the following:	3374
aggravated murder, murder, voluntary manslaughter, felonious	3375
assault, kidnapping, rape, sexual battery, gross sexual	3376
imposition, aggravated arson, aggravated burglary, aggravated	3377
robbery, or a substantially equivalent offense committed in this	3378
or another jurisdiction. Continued practice after the suspension	3379
is practicing without a certificate.	3380

(B) If the state board of emergency medical, fire, and	3381
transportation services has knowledge that an automatic suspension	3382
has occurred, it shall notify, in accordance with section 119.07	3383
of the Revised Code, the certificate holder of the suspension and	3384
of the opportunity for a hearing. If timely requested by the	3385
certificate holder, a hearing shall be conducted in accordance	3386
with section 4765.115 of the Revised Code.	3387

Sec. 4765.115. (A) A suspension order issued under section	3388
4765.112 or automatic suspension under section 4765.114 of the	3389
Revised Code is not subject to suspension by a court prior to a	3390
hearing under this section or during the pendency of any appeal	3391
filed under section 119.12 of the Revised Code.	3392

(B) A suspension order issued under section 4765.112 or	3393
automatic suspension under section 4765.114 of the Revised Code	3394
remains in effect, unless reversed by the state board of emergency	3395
medical, fire, and transportation services, until a final	3396
adjudication order issued by the board pursuant to this section	3397
becomes effective.	3398

(C) Hearings requested pursuant to section 4765.112 or	3399
4765.114 of the Revised Code shall be conducted under this section	3400
in accordance with Chapter 119. of the Revised Code.	3401

(D) A hearing under this section shall be held not later than	3402
forty-five days but not earlier than forty days after the	3403
certificate holder requests it, unless another date is agreed to	3404
by the certificate holder and the board.	3405

(E) After completion of an adjudication hearing, the board	3406
may adopt, by an affirmative vote of the majority of its members,	3407
a final adjudication order that imposes any of the following	3408
sanctions:	3409

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

3410

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

3411

(3) Issuance of a written reprimand;

3412

(4) A refusal to renew or a limitation on the holder's	3413
certificate to practice.	3414

The board shall issue its final adjudication order not later	3415
than forty-five days after completion of an adjudication hearing.	3416
If the board does not issue a final order within that time period,	3417
the suspension order is void, but any final adjudication order	3418
subsequently issued is not affected.	3419

(F) Any action taken by the board under this section	3420
resulting in a suspension from practice shall be accompanied by a	3421
written statement of the conditions under which the certificate to	3422
practice may be reinstated. Reinstatement of a certificate	3423
suspended under this section requires an affirmative vote by the	3424
majority of the members of the board.	3425

(G) When the board revokes or refuses to reinstate a	3426
certificate to practice, the board may specify that its action is	3427
permanent. An individual subject to permanent action taken by the	3428
board is forever ineligible to hold a certificate of the type	3429
revoked or refused, and the board shall not accept from the	3430
individual an application for reinstatement of the certificate or	3431
for a new certificate.	3432

Sec. 4765.116. If a certificate holder subject to a	3433
suspension order issued by the state board of emergency medical,	3434
fire, and transportation services under section 4765.112 or an	3435
automatic suspension order under section 4765.114 of the Revised	3436
Code fails to make a timely request for a hearing, the following	3437
apply:	3438

(A) In the case of a certificate holder subject to a summary	3439
suspension order, the board is not required to hold a hearing, but	3440
may adopt, by an affirmative vote of a majority of its members, a	3441
final order that contains the board's findings. In the final	3442
order, the board may order any of the sanctions listed in division	3443
(E) of section 4765.115 of the Revised Code.	3444

(B) In the case of a certificate holder subject to an	3445
automatic suspension order, the board may adopt, by an affirmative	3446
vote of a majority of its members, a final order that permanently	3447
revokes the holder's certificate to practice.	3448

Sec. 4765.12. (A) Not later than two years after ~~the~~	3449
~~effective date of this section~~November 3, 2000, the state board	3450
of emergency medical, fire, and transportation services shall	3451
develop and distribute guidelines for the care of trauma victims	3452
by emergency medical service personnel and for the conduct of peer	3453
review and quality assurance programs by emergency medical service	3454
organizations. The guidelines shall be consistent with the state	3455
trauma triage protocols adopted in rules under sections 4765.11	3456
and 4765.40 of the Revised Code and shall place emphasis on the	3457
special needs of pediatric and geriatric trauma victims. In	3458
developing the guidelines, the board shall consult with entities	3459
with interests in trauma and emergency medical services and shall	3460
consider any relevant guidelines adopted by national	3461
organizations, including the American college of surgeons,	3462
American college of emergency physicians, and American academy of	3463
pediatrics. The board shall distribute the guidelines, and	3464
amendments to the guidelines, to each emergency medical service	3465
organization, regional director, regional physician advisory	3466
board, certified emergency medical service instructor, and person	3467
who regularly provides medical direction to emergency medical	3468
service personnel in this state.	3469

(B) Not later than three years after ~~the effective date of~~	3470
~~this section~~November 3, 2000, each emergency medical service	3471
organization in this state shall implement ongoing peer review and	3472
quality assurance programs designed to improve the availability	3473
and quality of the emergency medical services it provides. The	3474
form and content of the programs shall be determined by each	3475
emergency medical service organization. In implementing the	3476
programs, each emergency medical service organization shall	3477
consider how to improve its ability to provide effective trauma	3478
care, particularly for pediatric and geriatric trauma victims, and	3479
shall take into account the trauma care guidelines developed by	3480
the state board of emergency medical, fire, and transportation	3481
services under this section.	3482

Information generated solely for use in a peer review or	3483
quality assurance program conducted on behalf of an emergency	3484
medical service organization is not a public record under section	3485
149.43 of the Revised Code. Such information, and any discussion	3486
conducted in the course of a peer review or quality assurance	3487
program conducted on behalf of an emergency medical service	3488
organization, is not subject to discovery in a civil action and	3489
shall not be introduced into evidence in a civil action against	3490
the emergency medical service organization on whose behalf the	3491
information was generated or the discussion occurred.	3492

No emergency medical service organization on whose behalf a	3493
peer review or quality assurance program is conducted, and no	3494
person who conducts such a program, because of performing such	3495
functions, shall be liable in a civil action for betrayal of	3496
professional confidence or otherwise in the absence of willful or	3497
wanton misconduct.	3498

Sec. 4765.15. A person seeking to operate an emergency	3499
medical services training program shall submit a completed	3500
application for accreditation to the state board of emergency	3501
medical, fire, and transportation services on a form the board	3502
shall prescribe and furnish. The application shall be accompanied	3503
by the appropriate application fee established in rules adopted	3504
under section 4765.11 of the Revised Code.	3505

A person seeking to operate an emergency medical services	3506
continuing education program shall submit a completed application	3507
for approval to the board on a form the board shall prescribe and	3508
furnish. The application shall be accompanied by the appropriate	3509
application fee established in rules adopted under section 4765.11	3510
of the Revised Code.	3511

The board shall administer the accreditation and approval	3512
processes pursuant to rules adopted under section 4765.11 of the	3513
Revised Code. In administering these processes, the board may	3514
authorize other persons to evaluate applications for accreditation	3515
or approval and may accept the recommendations made by those	3516
persons.	3517

The board may cause an investigation to be made into the	3518
accuracy of the information submitted in any application for	3519
accreditation or approval. If an investigation indicates that	3520
false, misleading, or incomplete information has been submitted to	3521
the board in connection with any application for accreditation or	3522
approval, the board shall conduct a hearing on the matter in	3523
accordance with Chapter 119. of the Revised Code.	3524

Sec. 4765.16. (A) All courses offered through an emergency	3525
medical services training program or an emergency medical services	3526
continuing education program, other than ambulance driving, shall	3527
be developed under the direction of a physician who specializes in	3528
emergency medicine. Each course that deals with trauma care shall	3529
be developed in consultation with a physician who specializes in	3530
trauma surgery. Except as specified by the state board of	3531
emergency medical, fire, and transportation services pursuant to	3532
rules adopted under section 4765.11 of the Revised Code, each	3533
course offered through a training program or continuing education	3534
program shall be taught by a person who holds the appropriate	3535
certificate to teach issued under section 4765.23 of the Revised	3536
Code.	3537

(B) A training program for first responders shall meet the	3538
standards established in rules adopted by the board under section	3539
4765.11 of the Revised Code. The program shall include courses in	3540
both of the following areas for at least the number of hours	3541
established by the board's rules:	3542

(1) Emergency victim care;

3543

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

3544

(C) A training program for emergency medical	3545
technicians-basic shall meet the standards established in rules	3546
adopted by the board under section 4765.11 of the Revised Code.	3547
The program shall include courses in each of the following areas	3548
for at least the number of hours established by the board's rules:	3549

(1) Emergency victim care;

3550

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

3551

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

3552

(4) In-hospital training;

3553

(5) Clinical training;

3554

(6) Training as an ambulance driver.

3555

Each operator of a training program for emergency medical	3556
technicians-basic shall allow any pupil in the twelfth grade in a	3557
secondary school who is at least seventeen years old and who	3558
otherwise meets the requirements for admission into such a	3559
training program to be admitted to and complete the program and,	3560
as part of the training, to ride in an ambulance with emergency	3561
medical technicians-basic, emergency medical	3562
technicians-intermediate, and emergency medical	3563
technicians-paramedic. Each emergency medical service organization	3564
shall allow pupils participating in training programs to ride in	3565
an ambulance with emergency medical technicians-basic, advanced	3566
emergency medical technicians-intermediate, and emergency medical	3567
technicians-paramedic.	3568

(D) A training program for emergency medical	3569
technicians-intermediate shall meet the standards established in	3570
rules adopted by the board under section 4765.11 of the Revised	3571
Code. The program shall include, or require as a prerequisite, the	3572
training specified in division (C) of this section and courses in	3573
each of the following areas for at least the number of hours	3574
established by the board's rules:	3575

(1) Recognizing symptoms of life-threatening allergic	3576
reactions and in calculating proper dosage levels and	3577
administering injections of epinephrine to persons who suffer	3578
life-threatening allergic reactions, conducted in accordance with	3579
rules adopted by the board under section 4765.11 of the Revised	3580
Code;	3581

(2) Venous access procedures;

3582

(3) Cardiac monitoring and electrical interventions to	3583
support or correct the cardiac function.	3584

(E) A training program for emergency medical	3585
technicians-paramedic shall meet the standards established in	3586
rules adopted by the board under section 4765.11 of the Revised	3587
Code. The program shall include, or require as a prerequisite, the	3588
training specified in divisions (C) and (D) of this section and	3589
courses in each of the following areas for at least the number of	3590
hours established by the board's rules:	3591

(1) Medical terminology;

3592

(2) Venous access procedures;

3593

(3) Airway procedures;

3594

(4) Patient assessment and triage;

3595

(5) Acute cardiac care, including administration of	3596
parenteral injections, electrical interventions, and other	3597
emergency medical services;	3598

(6) Emergency and trauma victim care beyond that required	3599
under division (C) of this section;	3600

(7) Clinical training beyond that required under division (C)	3601
of this section.	3602

(F) A continuing education program for first responders,	3603
EMTs-basic, EMTs-I, or paramedics shall meet the standards	3604
established in rules adopted by the board under section 4765.11 of	3605
the Revised Code. A continuing education program shall include	3606
instruction and training in subjects established by the board's	3607
rules for at least the number of hours established by the board's	3608
rules.	3609

Sec. 4765.17. (A) The state board of emergency medical,	3610
fire, and transportation services shall issue the appropriate	3611
certificate of accreditation or certificate of approval to an	3612
applicant who is of good reputation and meets the requirements of	3613
section 4765.16 of the Revised Code. The board shall grant or deny	3614
a certificate of accreditation or certificate of approval within	3615
one hundred twenty days of receipt of the application. The board	3616
may issue or renew a certificate of accreditation or certificate	3617
of approval on a provisional basis to an applicant who is of good	3618
reputation and is in substantial compliance with the requirements	3619
of section 4765.16 of the Revised Code. The board shall inform an	3620
applicant receiving such a certificate of the conditions that must	3621
be met to complete compliance with section 4765.16 of the Revised	3622
Code.	3623

(B) Except as provided in division (C) of this section, a	3624
certificate of accreditation or certificate of approval is valid	3625
for up to five years and may be renewed by the board pursuant to	3626
procedures and standards established in rules adopted under	3627
section 4765.11 of the Revised Code. An application for renewal	3628
shall be accompanied by the appropriate renewal fee established in	3629
rules adopted under section 4765.11 of the Revised Code.	3630

(C) A certificate of accreditation or certificate of approval	3631
issued on a provisional basis is valid for the length of time	3632
established by the board. If the board finds that the holder of	3633
such a certificate has met the conditions it specifies under	3634
division (A) of this section, the board shall issue the	3635
appropriate certificate of accreditation or certificate of	3636
approval.	3637

(D) A certificate of accreditation is valid only for the	3638
emergency medical services training program or programs for which	3639
it is issued. The holder of a certificate of accreditation may	3640
apply to operate additional training programs in accordance with	3641
rules adopted by the board under section 4765.11 of the Revised	3642
Code. Any additional training programs shall expire on the	3643
expiration date of the applicant's current certificate. A	3644
certificate of approval is valid only for the emergency medical	3645
services continuing education program for which it is issued.	3646
Neither is transferable.	3647

(E) The holder of a certificate of accreditation or a	3648
certificate of approval may offer courses at more than one	3649
location in accordance with rules adopted under section 4765.11 of	3650
the Revised Code.	3651

Sec. 4765.18. The state board of emergency medical, fire,	3652
and transportation services may suspend or revoke a certificate of	3653
accreditation or a certificate of approval issued under section	3654
4765.17 of the Revised Code for any of the following reasons:	3655

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

3656

(B) Furnishing of false, misleading, or incomplete	3657
information to the board;	3658

(C) The signing of an application or the holding of a	3659
certificate of accreditation by a person who has pleaded guilty to	3660
or has been convicted of a felony, or has pleaded guilty to or	3661
been convicted of a crime involving moral turpitude;	3662

(D) The signing of an application or the holding of a	3663
certificate of accreditation by a person who is addicted to the	3664
use of any controlled substance or has been adjudicated	3665
incompetent for that purpose by a court, as provided in section	3666
5122.301 of the Revised Code;	3667

(E) Violation of any commitment made in an application for a	3668
certificate of accreditation or certificate of approval;	3669

(F) Presentation to prospective students of misleading,	3670
false, or fraudulent information relating to the emergency medical	3671
services training program or emergency medical services continuing	3672
education program, employment opportunities, or opportunities for	3673
enrollment in accredited institutions of higher education after	3674
entering or completing courses offered by the operator of a	3675
program;	3676

(G) Failure to maintain in a safe and sanitary condition	3677
premises and equipment used in conducting courses of study;	3678

(H) Failure to maintain financial resources adequate for the	3679
satisfactory conduct of courses of study or to retain a sufficient	3680
number of certified instructors;	3681

(I) Discrimination in the acceptance of students upon the	3682
basis of race, color, religion, sex, or national origin.	3683

Sec. 4765.22. A person seeking a certificate to teach in an	3684
emergency medical services training program or an emergency	3685
medical services continuing education program shall submit a	3686
completed application for certification to the state board of	3687
emergency medical, fire, and transportation services on a form the	3688
board shall prescribe and furnish. The application shall be	3689
accompanied by the appropriate application fee established in	3690
rules adopted under section 4765.11 of the Revised Code.	3691

Sec. 4765.23. The state board of emergency medical, fire,	3692
and transportation services shall issue a certificate to teach in	3693
an emergency medical services training program or an emergency	3694
medical services continuing education program to any applicant who	3695
it determines meets the qualifications established in rules	3696
adopted under section 4765.11 of the Revised Code. The certificate	3697
shall indicate each type of instruction and training the	3698
certificate holder may teach under the certificate.	3699

A certificate to teach shall have a certification cycle	3700
established by the board and may be renewed by the board pursuant	3701
to rules adopted under section 4765.11 of the Revised Code. An	3702
application for renewal shall be accompanied by the appropriate	3703
renewal fee established in rules adopted under section 4765.11 of	3704
the Revised Code.	3705

The board may suspend or revoke a certificate to teach	3706
pursuant to rules adopted under section 4765.11 of the Revised	3707
Code.	3708

Sec. 4765.28. A person seeking a certificate to practice as	3709
a first responder, emergency medical technician-basic, emergency	3710
medical technician-intermediate, or emergency medical	3711
technician-paramedic shall submit a completed application for	3712
certification to the state board of emergency medical, fire, and	3713
transportation services on a form the board shall prescribe and	3714
furnish. Except as provided in division (B) of section 4765.29 of	3715
the Revised Code, the application shall include evidence that the	3716
applicant received the appropriate certificate of completion	3717
pursuant to section 4765.24 of the Revised Code. The application	3718
shall be accompanied by the appropriate application fee	3719
established in rules adopted under section 4765.11 of the Revised	3720
Code, unless the board waives the fee on determining pursuant to	3721
those rules that the applicant cannot afford to pay the fee.	3722

Sec. 4765.29. (A) The state board of emergency medical,	3723
fire, and transportation services shall provide for the	3724
examination of applicants for certification to practice as first	3725
responders, emergency medical technicians-basic, emergency medical	3726
technicians-intermediate, and emergency medical	3727
technicians-paramedic. The examinations shall be established by	3728
the board in rules adopted under section 4765.11 of the Revised	3729
Code. The board may administer the examinations or contract with	3730
other persons to administer the examinations. In either case, the	3731
examinations shall be administered pursuant to procedures	3732
established in rules adopted under section 4765.11 of the Revised	3733
Code and shall be offered at various locations in the state	3734
selected by the board.	3735

Except as provided in division (B) of this section, an	3736
applicant shall not be permitted to take an examination for the	3737
same certificate to practice more than three times since last	3738
receiving the certificate of completion pursuant to section	3739
4765.24 of the Revised Code that qualifies the applicant to take	3740
the examination unless the applicant receives another certificate	3741
of completion that qualifies the applicant to take the	3742
examination.	3743

(B) On request of an applicant who fails three examinations	3744
for the same certificate to practice, the board may direct the	3745
applicant to complete a specific portion of an accredited	3746
emergency medical services training program. If the applicant	3747
provides satisfactory proof to the board that the applicant has	3748
successfully completed that portion of the program, the applicant	3749
shall be permitted to take the examination.	3750

Sec. 4765.30. (A)(1) The state board of emergency medical,	3751
fire, and transportation services shall issue a certificate to	3752
practice as a first responder to an applicant who meets all of the	3753
following conditions:	3754

(a) Except as provided in division (A)(2) of this section, is	3755
a volunteer for a nonprofit emergency medical service organization	3756
or a nonprofit fire department;	3757

(b) Holds the appropriate certificate of completion issued in	3758
accordance with section 4765.24 of the Revised Code;	3759

(c) Passes the appropriate examination conducted under	3760
section 4765.29 of the Revised Code;	3761

(d) Is not in violation of any provision of this chapter or	3762
the rules adopted under it;	3763

(e) Meets any other certification requirements established in	3764
rules adopted under section 4765.11 of the Revised Code.	3765

(2) The board may waive the requirement to be a volunteer for	3766
a nonprofit entity if the applicant meets other requirements	3767
established in rules adopted under division (B)(3) of section	3768
4765.11 of the Revised Code relative to a person's eligibility to	3769
practice as a first responder.	3770

(B) The state board of emergency medical, fire, and	3771
transportation services shall issue a certificate to practice as	3772
an emergency medical technician-basic to an applicant who meets	3773
all of the following conditions:	3774

(1) Holds a certificate of completion in emergency medical	3775
services training-basic issued in accordance with section 4765.24	3776
of the Revised Code;	3777

(2) Passes the examination for emergency medical	3778
technicians-basic conducted under section 4765.29 of the Revised	3779
Code;	3780

(3) Is not in violation of any provision of this chapter or	3781
the rules adopted under it;	3782

(4) Meets any other certification requirements established in	3783
rules adopted under section 4765.11 of the Revised Code.	3784

(C) The state board of emergency medical, fire, and	3785
transportation services shall issue a certificate to practice as	3786
an emergency medical technician-intermediate or emergency medical	3787
technician-paramedic to an applicant who meets all of the	3788
following conditions:	3789

(1) Holds a certificate to practice as an emergency medical	3790
technician-basic;	3791

(2) Holds the appropriate certificate of completion issued in	3792
accordance with section 4765.24 of the Revised Code;	3793

(3) Passes the appropriate examination conducted under	3794
section 4765.29 of the Revised Code;	3795

(4) Is not in violation of any provision of this chapter or	3796
the rules adopted under it;	3797

(5) Meets any other certification requirements established in	3798
rules adopted under section 4765.11 of the Revised Code.	3799

(D) A certificate to practice shall have a certification	3800
cycle established by the board and may be renewed by the board	3801
pursuant to rules adopted under section 4765.11 of the Revised	3802
Code. Not later than sixty days prior to the expiration date of an	3803
individual's certificate to practice, the board shall notify the	3804
individual of the scheduled expiration.	3805

An application for renewal shall be accompanied by the	3806
appropriate renewal fee established in rules adopted under section	3807
4765.11 of the Revised Code, unless the board waives the fee on	3808
determining pursuant to those rules that the applicant cannot	3809
afford to pay the fee. Except as provided in division (B) of	3810
section 4765.31 of the Revised Code, the application shall include	3811
evidence of either of the following:	3812

(1) That the applicant received a certificate of completion	3813
from the appropriate emergency medical services continuing	3814
education program pursuant to section 4765.24 of the Revised Code;	3815

(2) That the applicant has successfully passed an examination	3816
that demonstrates the competence to have a certificate renewed	3817
without completing an emergency medical services continuing	3818
education program. The board shall approve such examinations in	3819
accordance with rules adopted under section 4765.11 of the Revised	3820
Code.	3821

(E) The board shall not require an applicant for renewal of a	3822
certificate to practice to take an examination as a condition of	3823
renewing the certificate. This division does not preclude the use	3824
of examinations by operators of approved emergency medical	3825
services continuing education programs as a condition for issuance	3826
of a certificate of completion in emergency medical services	3827
continuing education.	3828

Sec. 4765.31. (A) Except as provided in division (B) of this	3829
section, a first responder, emergency medical technician-basic,	3830
emergency medical technician-intermediate, and emergency medical	3831
technician-paramedic shall complete an emergency medical services	3832
continuing education program or pass an examination approved by	3833
the state board of emergency medical, fire, and transportation	3834
services under division (A) of section 4765.10 of the Revised Code	3835
prior to the expiration of the individual's certificate to	3836
practice. Completion of the continuing education requirements for	3837
EMTs-I or paramedics satisfies the continuing education	3838
requirements for renewing the certificate to practice as an	3839
EMT-basic held by an EMT-I or paramedic.	3840

(B)(1) An applicant for renewal of a certificate to practice	3841
may apply to the board, in writing, for an extension to complete	3842
the continuing education requirements established under division	3843
(A) of this section. The board may grant such an extension and	3844
determine the length of the extension. The board may authorize the	3845
applicant to continue to practice during the extension as if the	3846
certificate to practice had not expired.	3847

(2) An applicant for renewal of a certificate to practice may	3848
apply to the board, in writing, for an exemption from the	3849
continuing education requirements established under division (A)	3850
of this section. The board may exempt an individual or a group of	3851
individuals from all or any part of the continuing education	3852
requirements due to active military service, unusual circumstance,	3853
emergency, special hardship, or any other cause considered	3854
reasonable by the board.	3855

(C) Decisions of whether to grant an extension or exemption	3856
under division (B) of this section shall be made by the board	3857
pursuant to procedures established in rules adopted under section	3858
4765.11 of the Revised Code.	3859

Sec. 4765.32. A current, valid certificate of accreditation	3860
issued under the provisions of former section 3303.11 or 3303.23	3861
of the Revised Code shall remain valid until one year after the	3862
expiration date of the certificate as determined by the provisions	3863
of those sections and shall confer the same privileges and impose	3864
the same responsibilities and requirements as a certificate of	3865
accreditation issued by the state board of emergency medical,	3866
fire, and transportation services under section 4765.17 of the	3867
Revised Code.	3868

A certificate to practice as an emergency medical	3869
technician-ambulance that is valid on November 24, 1995, shall be	3870
considered a certificate to practice as an emergency medical	3871
technician-basic. A certificate to practice as an advanced	3872
emergency medical technician-ambulance that is valid on November	3873
24, 1995, shall be considered a certificate to practice as an	3874
emergency medical technician-intermediate.	3875

Sec. 4765.33. The state board of emergency medical, fire,	3876
and transportation services may suspend or revoke certificates to	3877
practice issued under section 4765.30 of the Revised Code, and may	3878
take other disciplinary action against first responders, emergency	3879
medical technicians-basic, emergency medical	3880
technicians-intermediate, and emergency medical	3881
technicians-paramedic pursuant to rules adopted under section	3882
4765.11 of the Revised Code.	3883

Sec. 4765.37. (A) An emergency medical technician-basic	3884
shall perform the emergency medical services described in this	3885
section in accordance with this chapter and any rules adopted	3886
under it by the state board of emergency medical, fire, and	3887
transportation services.	3888

(B) An emergency medical technician-basic may operate, or be	3889
responsible for operation of, an ambulance and may provide	3890
emergency medical services to patients. In an emergency, an	3891
EMT-basic may determine the nature and extent of illness or injury	3892
and establish priority for required emergency medical services. An	3893
EMT-basic may render emergency medical services such as opening	3894
and maintaining an airway, giving positive pressure ventilation,	3895
cardiac resuscitation, electrical interventions with automated	3896
defibrillators to support or correct the cardiac function and	3897
other methods determined by the board, controlling of hemorrhage,	3898
treatment of shock, immobilization of fractures, bandaging,	3899
assisting in childbirth, management of mentally disturbed	3900
patients, initial care of poison and burn patients, and	3901
determining triage of adult and pediatric trauma victims. Where	3902
patients must in an emergency be extricated from entrapment, an	3903
EMT-basic may assess the extent of injury and render all possible	3904
emergency medical services and protection to the entrapped	3905
patient; provide light rescue services if an ambulance has not	3906
been accompanied by a specialized unit; and after extrication,	3907
provide additional care in sorting of the injured in accordance	3908
with standard emergency procedures.	3909

(C) An EMT-basic may perform any other emergency medical	3910
services approved pursuant to rules adopted under section 4765.11	3911
of the Revised Code. The board shall determine whether the nature	3912
of any such service requires that an EMT-basic receive	3913
authorization prior to performing the service.	3914

(D)(1) Except as provided in division (D)(2) of this section,	3915
if the board determines under division (C) of this section that a	3916
service requires prior authorization, the service shall be	3917
performed only pursuant to the written or verbal authorization of	3918
a physician or of the cooperating physician advisory board, or	3919
pursuant to an authorization transmitted through a direct	3920
communication device by a physician or registered nurse designated	3921
by a physician.	3922

(2) If communications fail during an emergency situation or	3923
the required response time prohibits communication, an EMT-basic	3924
may perform services subject to this division, if, in the judgment	3925
of the EMT-basic, the life of the patient is in immediate danger.	3926
Services performed under these circumstances shall be performed in	3927
accordance with the protocols for triage of adult and pediatric	3928
trauma victims established in rules adopted under sections 4765.11	3929
and 4765.40 of the Revised Code and any applicable protocols	3930
adopted by the emergency medical service organization with which	3931
the EMT-basic is affiliated.	3932

Sec. 4765.38. (A) An emergency medical	3933
technician-intermediate shall perform the emergency medical	3934
services described in this section in accordance with this chapter	3935
and any rules adopted under it.	3936

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

3937

(1) Establish and maintain an intravenous lifeline that has	3938
been approved by a cooperating physician or physician advisory	3939
board;	3940

(2) Perform cardiac monitoring;

3941

(3) Perform electrical interventions to support or correct	3942
the cardiac function;	3943

(4) Administer epinephrine;

3944

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

3945

(6) Perform any other emergency medical services approved	3946
pursuant to rules adopted under section 4765.11 of the Revised	3947
Code.	3948

(C)(1) Except as provided in division (C)(2) of this section,	3949
the services described in division (B) of this section shall be	3950
performed by an EMT-I only pursuant to the written or verbal	3951
authorization of a physician or of the cooperating physician	3952
advisory board, or pursuant to an authorization transmitted	3953
through a direct communication device by a physician or registered	3954
nurse designated by a physician.	3955

(2) If communications fail during an emergency situation or	3956
the required response time prohibits communication, an EMT-I may	3957
perform any of the services described in division (B) of this	3958
section, if, in the judgment of the EMT-I, the life of the patient	3959
is in immediate danger. Services performed under these	3960
circumstances shall be performed in accordance with the protocols	3961
for triage of adult and pediatric trauma victims established in	3962
rules adopted under sections 4765.11 and 4765.40 of the Revised	3963
Code and any applicable protocols adopted by the emergency medical	3964
service organization with which the EMT-I is affiliated.	3965

(D) In addition to, and in the course of, providing emergency	3966
medical treatment, an emergency medical technician-intermediate	3967
may withdraw blood as provided under sections 1547.11, 4506.17,	3968
and 4511.19 of the Revised Code. An emergency medical	3969
technician-intermediate shall withdraw blood in accordance with	3970
this chapter and any rules adopted under it by the state board of	3971
emergency medical, fire, and transportation services.	3972

Sec. 4765.39. (A) An emergency medical technician-paramedic	3973
shall perform the emergency medical services described in this	3974
section in accordance with this chapter and any rules adopted	3975
under it.	3976

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

3977

(1) Perform cardiac monitoring;

3978

(2) Perform electrical interventions to support or correct	3979
the cardiac function;	3980

(3) Perform airway procedures;

3981

(4) Perform relief of pneumothorax;

3982

(5) Administer appropriate drugs and intravenous fluids;

3983

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

3984

(7) Perform any other emergency medical services, including	3985
life support or intensive care techniques, approved pursuant to	3986
rules adopted under section 4765.11 of the Revised Code.	3987

(C)(1) Except as provided in division (C)(2) of this section,	3988
the services described in division (B) of this section shall be	3989
performed by a paramedic only pursuant to the written or verbal	3990
authorization of a physician or of the cooperating physician	3991
advisory board, or pursuant to an authorization transmitted	3992
through a direct communication device by a physician or registered	3993
nurse designated by a physician.	3994

(2) If communications fail during an emergency situation or	3995
the required response time prohibits communication, a paramedic	3996
may perform any of the services described in division (B) of this	3997
section, if, in the paramedic's judgment, the life of the patient	3998
is in immediate danger. Services performed under these	3999
circumstances shall be performed in accordance with the protocols	4000
for triage of adult and pediatric trauma victims established in	4001
rules adopted under sections 4765.11 and 4765.40 of the Revised	4002
Code and any applicable protocols adopted by the emergency medical	4003
service organization with which the paramedic is affiliated.	4004

(D) In addition to, and in the course of, providing emergency	4005
medical treatment, an emergency medical technician-paramedic may	4006
withdraw blood as provided under sections 1547.11, 4506.17, and	4007
4511.19 of the Revised Code. An emergency medical	4008
technician-paramedic shall withdraw blood in accordance with this	4009
chapter and any rules adopted under it by the state board of	4010
emergency medical, fire, and transportation services.	4011

Sec. 4765.40. (A)(1) Not later than two years after ~~the~~	4012
~~effective date of this amendment~~November 3, 2000, the state board	4013
of emergency medical, fire, and transportation services shall	4014
adopt rules under section 4765.11 of the Revised Code establishing	4015
written protocols for the triage of adult and pediatric trauma	4016
victims. The rules shall define adult and pediatric trauma in a	4017
manner that is consistent with section 4765.01 of the Revised	4018
Code, minimizes overtriage and undertriage, and emphasizes the	4019
special needs of pediatric and geriatric trauma patients.	4020

(2) The state triage protocols adopted under division (A) of	4021
this section shall require a trauma victim to be transported	4022
directly to an adult or pediatric trauma center that is qualified	4023
to provide appropriate adult or pediatric trauma care, unless one	4024
or more of the following exceptions applies:	4025

(a) It is medically necessary to transport the victim to	4026
another hospital for initial assessment and stabilization before	4027
transfer to an adult or pediatric trauma center;	4028

(b) It is unsafe or medically inappropriate to transport the	4029
victim directly to an adult or pediatric trauma center due to	4030
adverse weather or ground conditions or excessive transport time;	4031

(c) Transporting the victim to an adult or pediatric trauma	4032
center would cause a shortage of local emergency medical service	4033
resources;	4034

(d) No appropriate adult or pediatric trauma center is able	4035
to receive and provide adult or pediatric trauma care to the	4036
trauma victim without undue delay;	4037

(e) Before transport of a patient begins, the patient	4038
requests to be taken to a particular hospital that is not a trauma	4039
center or, if the patient is less than eighteen years of age or is	4040
not able to communicate, such a request is made by an adult member	4041
of the patient's family or a legal representative of the patient.	4042

(3)(a) The state triage protocols adopted under division (A)	4043
of this section shall require trauma patients to be transported to	4044
an adult or pediatric trauma center that is able to provide	4045
appropriate adult or pediatric trauma care, but shall not require	4046
a trauma patient to be transported to a particular trauma center.	4047
The state triage protocols shall establish one or more procedures	4048
for evaluating whether an injury victim requires or would benefit	4049
from adult or pediatric trauma care, which procedures shall be	4050
applied by emergency medical service personnel based on the	4051
patient's medical needs. In developing state trauma triage	4052
protocols, the board shall consider relevant model triage rules	4053
and shall consult with the commission on minority health, regional	4054
directors, regional physician advisory boards, and appropriate	4055
medical, hospital, and emergency medical service organizations.	4056

(b) Before the joint committee on agency rule review	4057
considers state triage protocols for trauma victims proposed by	4058
the state board of emergency medical, fire, and transportation	4059
services, or amendments thereto, the board shall send a copy of	4060
the proposal to the Ohio chapter of the American college of	4061
emergency physicians, the Ohio chapter of the American college of	4062
surgeons, the Ohio chapter of the American academy of pediatrics,	4063
OHA: the association for hospitals and health systems, the Ohio	4064
osteopathic association, and the association of Ohio children's	4065
hospitals and shall hold a public hearing at which it must	4066
consider the appropriateness of the protocols to minimize	4067
overtriage and undertriage of trauma victims.	4068

(c) The board shall provide copies of the state triage	4069
protocols, and amendments to the protocols, to each emergency	4070
medical service organization, regional director, regional	4071
physician advisory board, certified emergency medical service	4072
instructor, and person who regularly provides medical direction to	4073
emergency medical service personnel in the state; to each medical	4074
service organization in other jurisdictions that regularly provide	4075
emergency medical services in this state; and to others upon	4076
request.	4077

(B)(1) The state board of emergency medical, fire, and	4078
transportation services shall approve regional protocols for the	4079
triage of adult and pediatric trauma victims, and amendments to	4080
such protocols, that are submitted to the board as provided in	4081
division (B)(2) of this section and provide a level of adult and	4082
pediatric trauma care comparable to the state triage protocols	4083
adopted under division (A) of this section. The board shall not	4084
otherwise approve regional triage protocols for trauma victims.	4085
The board shall not approve regional triage protocols for regions	4086
that overlap and shall resolve any such disputes by apportioning	4087
the overlapping territory among appropriate regions in a manner	4088
that best serves the medical needs of the residents of that	4089
territory. The trauma committee of the board shall have reasonable	4090
opportunity to review and comment on regional triage protocols and	4091
amendments to such protocols before the board approves or	4092
disapproves them.	4093

(2) Regional protocols for the triage of adult and pediatric	4094
trauma victims, and amendments to such protocols, shall be	4095
submitted in writing to the state board of emergency medical,	4096
fire, and transportation services by the regional physician	4097
advisory board or regional director, as appropriate, that serves a	4098
majority of the population in the region in which the protocols	4099
apply. Prior to submitting regional triage protocols, or an	4100
amendment to such protocols, to the state board of emergency	4101
medical, fire, and transportation services, a regional physician	4102
advisory board or regional director shall consult with each of the	4103
following that regularly serves the region in which the protocols	4104
apply:	4105

(a) Other regional physician advisory boards and regional	4106
directors;	4107

(b) Hospitals that operate an emergency facility;

4108

4109

(d) Professional societies of physicians who specialize in	4110
adult or pediatric emergency medicine or adult or pediatric trauma	4111
surgery;	4112

(e) Professional societies of nurses who specialize in adult	4113
or pediatric emergency nursing or adult or pediatric trauma	4114
surgery;	4115

(f) Professional associations or labor organizations of	4116
emergency medical service personnel;	4117

(g) Emergency medical service organizations and medical	4118
directors of such organizations;	4119

(h) Certified emergency medical service instructors.

4120

(3) Regional protocols for the triage of adult and pediatric	4121
trauma victims approved under division (B)(2) of this section	4122
shall require patients to be transported to a trauma center that	4123
is able to provide an appropriate level of adult or pediatric	4124
trauma care; shall not discriminate among trauma centers for	4125
reasons not related to a patient's medical needs; shall seek to	4126
minimize undertriage and overtriage; may include any of the	4127
exceptions in division (A)(2) of this section; and supersede the	4128
state triage protocols adopted under division (A) of this section	4129
in the region in which the regional protocols apply.	4130

(4) Upon approval of regional protocols for the triage of	4131
adult and pediatric trauma victims under division (B)(2) of this	4132
section, or an amendment to such protocols, the state board of	4133
emergency medical, fire, and transportation services shall provide	4134
written notice of the approval and a copy of the protocols or	4135
amendment to each entity in the region in which the protocols	4136
apply to which the board is required to send a copy of the state	4137
triage protocols adopted under division (A) of this section.	4138

(C)(1) The state board of emergency medical, fire, and	4139
transportation services shall review the state triage protocols	4140
adopted under division (A) of this section at least every three	4141
years to determine if they are causing overtriage or undertriage	4142
of trauma patients, and shall modify them as necessary to minimize	4143
overtriage and undertriage.	4144

(2) Each regional physician advisory board or regional	4145
director that has had regional triage protocols approved under	4146
division (B)(2) of this section shall review the protocols at	4147
least every three years to determine if they are causing	4148
overtriage or undertriage of trauma patients and shall submit an	4149
appropriate amendment to the state board, as provided in division	4150
(B) of this section, as necessary to minimize overtriage and	4151
undertriage. The state board shall approve the amendment if it	4152
will reduce overtriage or undertriage while complying with	4153
division (B) of this section, and shall not otherwise approve the	4154
amendment.	4155

(D) No provider of emergency medical services or person who	4156
provides medical direction to emergency medical service personnel	4157
in this state shall fail to comply with the state triage protocols	4158
adopted under division (A) of this section or applicable regional	4159
triage protocols approved under division (B)(2) of this section.	4160

(E) The state board of emergency medical, fire, and	4161
transportation services shall adopt rules under section 4765.11 of	4162
the Revised Code that provide for enforcement of the state triage	4163
protocols adopted under division (A) of this section and regional	4164
triage protocols approved under division (B)(2) of this section,	4165
and for education regarding those protocols for emergency medical	4166
service organizations and personnel, regional directors and	4167
regional physician advisory boards, emergency medical service	4168
instructors, and persons who regularly provide medical direction	4169
to emergency medical service personnel in this state.	4170

Sec. 4765.42. Each emergency medical service organization	4171
shall give notice of the name of its medical director or the names	4172
of the members of its cooperating physician advisory board to the	4173
state board of emergency medical, fire, and transportation	4174
services. The notice shall be made in writing.	4175

Sec. 4765.48. The attorney general, the prosecuting attorney	4176
of the county, or the city director of law shall, upon complaint	4177
of the state board of emergency medical, fire, and transportation	4178
services, prosecute to termination or bring an action for	4179
injunction against any person violating this chapter or the rules	4180
adopted under it. The common pleas court in which an action for	4181
injunction is filed has the jurisdiction to grant injunctive	4182
relief upon a showing that the respondent named in the complaint	4183
is in violation of this chapter or the rules adopted under it.	4184

Sec. 4765.49. (A) A first responder, emergency medical	4185
technician-basic, emergency medical technician-intermediate, or	4186
emergency medical technician-paramedic is not liable in damages in	4187
a civil action for injury, death, or loss to person or property	4188
resulting from the individual's administration of emergency	4189
medical services, unless the services are administered in a manner	4190
that constitutes willful or wanton misconduct. A physician or	4191
registered nurse designated by a physician, who is advising or	4192
assisting in the emergency medical services by means of any	4193
communication device or telemetering system, is not liable in	4194
damages in a civil action for injury, death, or loss to person or	4195
property resulting from the individual's advisory communication or	4196
assistance, unless the advisory communication or assistance is	4197
provided in a manner that constitutes willful or wanton	4198
misconduct. Medical directors and members of cooperating physician	4199
advisory boards of emergency medical service organizations are not	4200
liable in damages in a civil action for injury, death, or loss to	4201
person or property resulting from their acts or omissions in the	4202
performance of their duties, unless the act or omission	4203
constitutes willful or wanton misconduct.	4204

(B) A political subdivision, joint ambulance district, joint	4205
emergency medical services district, or other public agency, and	4206
any officer or employee of a public agency or of a private	4207
organization operating under contract or in joint agreement with	4208
one or more political subdivisions, that provides emergency	4209
medical services, or that enters into a joint agreement or a	4210
contract with the state, any political subdivision, joint	4211
ambulance district, or joint emergency medical services district	4212
for the provision of emergency medical services, is not liable in	4213
damages in a civil action for injury, death, or loss to person or	4214
property arising out of any actions taken by a first responder,	4215
EMT-basic, EMT-I, or paramedic working under the officer's or	4216
employee's jurisdiction, or for injury, death, or loss to person	4217
or property arising out of any actions of licensed medical	4218
personnel advising or assisting the first responder, EMT-basic,	4219
EMT-I, or paramedic, unless the services are provided in a manner	4220
that constitutes willful or wanton misconduct.	4221

(C) A student who is enrolled in an emergency medical	4222
services training program accredited under section 4765.17 of the	4223
Revised Code or an emergency medical services continuing education	4224
program approved under that section is not liable in damages in a	4225
civil action for injury, death, or loss to person or property	4226
resulting from either of the following:	4227

(1) The student's administration of emergency medical	4228
services or patient care or treatment, if the services, care, or	4229
treatment is administered while the student is under the direct	4230
supervision and in the immediate presence of an EMT-basic, EMT-I,	4231
paramedic, registered nurse, or physician and while the student is	4232
receiving clinical training that is required by the program,	4233
unless the services, care, or treatment is provided in a manner	4234
that constitutes willful or wanton misconduct;	4235

(2) The student's training as an ambulance driver, unless the	4236
driving is done in a manner that constitutes willful or wanton	4237
misconduct.	4238

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	4239
holds a valid commercial driver's license issued pursuant to	4240
Chapter 4506. of the Revised Code or driver's license issued	4241
pursuant to Chapter 4507. of the Revised Code and who is employed	4242
by an emergency medical service organization that is not owned or	4243
operated by a political subdivision as defined in section 2744.01	4244
of the Revised Code, is not liable in damages in a civil action	4245
for injury, death, or loss to person or property that is caused by	4246
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	4247
or other operator while responding to or completing a call for	4248
emergency medical services, unless the operation constitutes	4249
willful or wanton misconduct or does not comply with the	4250
precautions of section 4511.03 of the Revised Code. An emergency	4251
medical service organization is not liable in damages in a civil	4252
action for any injury, death, or loss to person or property that	4253
is caused by the operation of an ambulance by its employee or	4254
agent, if this division grants the employee or agent immunity from	4255
civil liability for the injury, death, or loss.	4256

(E) An employee or agent of an emergency medical service	4257
organization who receives requests for emergency medical services	4258
that are directed to the organization, dispatches first	4259
responders, EMTs-basic, EMTs-I, or paramedics in response to those	4260
requests, communicates those requests to those employees or agents	4261
of the organization who are authorized to dispatch first	4262
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	4263
combination of these functions for the organization, is not liable	4264
in damages in a civil action for injury, death, or loss to person	4265
or property resulting from the individual's acts or omissions in	4266
the performance of those duties for the organization, unless an	4267
act or omission constitutes willful or wanton misconduct.	4268

(F) A person who is performing the functions of a first	4269
responder, EMT-basic, EMT-I, or paramedic under the authority of	4270
the laws of a state that borders this state and who provides	4271
emergency medical services to or transportation of a patient in	4272
this state is not liable in damages in a civil action for injury,	4273
death, or loss to person or property resulting from the person's	4274
administration of emergency medical services, unless the services	4275
are administered in a manner that constitutes willful or wanton	4276
misconduct. A physician or registered nurse designated by a	4277
physician, who is licensed to practice in the adjoining state and	4278
who is advising or assisting in the emergency medical services by	4279
means of any communication device or telemetering system is not	4280
liable in damages in a civil action for injury, death, or loss to	4281
person or property resulting from the person's advisory	4282
communication or assistance, unless the advisory communication or	4283
assistance is provided in a manner that constitutes willful or	4284
wanton misconduct.	4285

(G) A person certified under section 4765.23 of the Revised	4286
Code to teach in an emergency medical services training program or	4287
emergency medical services continuing education program, and a	4288
person who teaches at the Ohio fire academy established under	4289
section 3737.33 of the Revised Code or in a fire service training	4290
program described in division (A) of section 4765.55 of the	4291
Revised Code, is not liable in damages in a civil action for	4292
injury, death, or loss to person or property resulting from the	4293
person's acts or omissions in the performance of the person's	4294
duties, unless an act or omission constitutes willful or wanton	4295
misconduct.	4296

(H) In the accreditation of emergency medical services	4297
training programs or approval of emergency medical services	4298
continuing education programs, the state board of emergency	4299
medical, fire, and transportation services and any person or	4300
entity authorized by the board to evaluate applications for	4301
accreditation or approval are not liable in damages in a civil	4302
action for injury, death, or loss to person or property resulting	4303
from their acts or omissions in the performance of their duties,	4304
unless an act or omission constitutes willful or wanton	4305
misconduct.	4306

(I) A person authorized by an emergency medical service	4307
organization to review the performance of first responders,	4308
EMTs-basic, EMTs-I, and paramedics or to administer quality	4309
assurance programs is not liable in damages in a civil action for	4310
injury, death, or loss to person or property resulting from the	4311
person's acts or omissions in the performance of the person's	4312
duties, unless an act or omission constitutes willful or wanton	4313
misconduct.	4314

Sec. 4765.55. (A) The executive director of the state board	4315
of emergency medical, fire, and transportation services, with the	4316
advice and counsel of the firefighter and fire safety inspector	4317
training committee of the state board of emergency medical, fire,	4318
and transportation services, shall assist in the establishment and	4319
maintenance by any state agency, or any county, township, city,	4320
village, school district, or educational service center of a fire	4321
service training program for the training of all persons in	4322
positions of any fire training certification level approved by the	4323
executive director, including full-time paid firefighters,	4324
part-time paid firefighters, volunteer firefighters, and, fire	4325
safety inspectors in this state. The executive director, with the	4326
advice and counsel of the committee, shall adopt rules to regulate	4327
those firefighter and fire safety inspector training programs, and	4328
other training programs approved by the executive director. The	4329
rules may include, but need not be limited to, training	4330
curriculum, certification examinations, training schedules,	4331
minimum hours of instruction, attendance requirements, required	4332
equipment and facilities, basic physical requirements, and methods	4333
of training for all persons in positions of any fire training	4334
certification level approved by the executive director, including	4335
full-time paid firefighters, part-time paid firefighters,	4336
volunteer firefighters, and fire safety inspectors. The rules	4337
adopted to regulate training programs for volunteer firefighters	4338
shall not require more than thirty-six hours of training.	4339

The executive director, with the advice and counsel of the	4340
committee, shall provide for the classification and chartering of	4341
fire service training programs in accordance with rules adopted	4342
under division (B) of this section, and may take action against	4343
any chartered training program or applicant, in accordance with	4344
rules adopted under divisions (B)(4) and (5) of this section, for	4345
failure to meet standards set by the adopted rules.	4346

(B) The executive director, with the advice and counsel of	4347
the firefighter and fire safety inspector training committee of	4348
the state board of emergency medical, fire, and transportation	4349
services, shall adopt, and may amend or rescind, rules under	4350
Chapter 119. of the Revised Code that establish all of the	4351
following:	4352

(1) Requirements for, and procedures for chartering, the	4353
training programs regulated by this section;	4354

(2) Requirements for, and requirements and procedures for	4355
obtaining and renewing, an instructor certificate to teach the	4356
training programs and continuing education classes regulated by	4357
this section;	4358

(3) Requirements for, and requirements and procedures for	4359
obtaining and renewing, any of the fire training certificates	4360
regulated by this section;	4361

(4) Grounds and procedures for suspending, revoking,	4362
restricting, or refusing to issue or renew any of the certificates	4363
or charters regulated by this section, which grounds shall be	4364
limited to one of the following:	4365

(a) Failure to satisfy the education or training requirements	4366
of this section;	4367

(b) Conviction of a felony offense;

4368

4369

(d) Conviction of a misdemeanor committed in the course of	4370
practice;	4371

(e) In the case of a chartered training program or applicant,	4372
failure to meet standards set by the rules adopted under this	4373
division.	4374

(5) Grounds and procedures for imposing and collecting fines,	4375
not to exceed one thousand dollars, in relation to actions taken	4376
under division (B)(4) of this section against persons holding	4377
certificates and charters regulated by this section, the fines to	4378
be deposited into the trauma and emergency medical services fund	4379
established under section 4513.263 of the Revised Code;	4380

(6) Continuing education requirements for certificate	4381
holders, including a requirement that credit shall be granted for	4382
in-service training programs conducted by local entities;	4383

(7) Procedures for considering the granting of an extension	4384
or exemption of fire service continuing education requirements;	4385

(8) Certification cycles for which the certificates and	4386
charters regulated by this section are valid.	4387

(C) The executive director, with the advice and counsel of	4388
the firefighter and fire safety inspector training committee of	4389
the state board of emergency medical, fire, and transportation	4390
services, shall issue or renew an instructor certificate to teach	4391
the training programs and continuing education classes regulated	4392
by this section to any applicant that the executive director	4393
determines meets the qualifications established in rules adopted	4394
under division (B) of this section, and may take disciplinary	4395
action against an instructor certificate holder or applicant in	4396
accordance with rules adopted under division (B) of this section.	4397
The executive director, with the advice and counsel of the	4398
committee, shall charter or renew the charter of any training	4399
program that the executive director determines meets the	4400
qualifications established in rules adopted under division (B) of	4401
this section, and may take disciplinary action against the holder	4402
of a charter in accordance with rules adopted under division (B)	4403
of this section.	4404

(D) The executive director shall issue or renew a fire	4405
training certificate for a firefighter, a fire safety inspector,	4406
or another position of any fire training certification level	4407
approved by the executive director, to any applicant that the	4408
executive director determines meets the qualifications established	4409
in rules adopted under division (B) of this section and may take	4410
disciplinary actions against a certificate holder or applicant in	4411
accordance with rules adopted under division (B) of this section.	4412

(E) Certificates issued under this section shall be on a form	4413
prescribed by the executive director, with the advice and counsel	4414
of the firefighter and fire safety inspector training committee of	4415
the state board of emergency medical, fire, and transportation	4416
services.	4417

(F)(1) The executive director, with the advice and counsel of	4418
the firefighter and fire safety inspector training committee of	4419
the state board of emergency medical, fire, and transportation	4420
services, shall establish criteria for evaluating the standards	4421
maintained by other states and the branches of the United States	4422
military for firefighter, fire safety inspector, and fire	4423
instructor training programs, and other training programs	4424
recognized by the executive director, to determine whether the	4425
standards are equivalent to those established under this section	4426
and shall establish requirements and procedures for issuing a	4427
certificate to each person who presents proof to the executive	4428
director of having satisfactorily completed a training program	4429
that meets those standards.	4430

(2) The executive director, with the committee's advice and	4431
counsel, shall adopt rules establishing requirements and	4432
procedures for issuing a fire training certificate in lieu of	4433
completing a chartered training program.	4434

(G) Nothing in this section invalidates any other section of	4435
the Revised Code relating to the fire training academy. Section	4436
4765.11 of the Revised Code does not affect any powers and duties	4437
granted to the executive director under this section.	4438

Sec. 4765.56. On receipt of a notice pursuant to section	4439
3123.43 of the Revised Code, the state board of emergency medical,	4440
fire, and transportation services shall comply with sections	4441
3123.41 to 3123.50 of the Revised Code and any applicable rules	4442
adopted under section 3123.63 of the Revised Code with respect to	4443
a certificate to practice issued pursuant to this chapter.	4444

Sec. 4766.01. As used in this chapter:

4445

(A) "Advanced life support" means treatment described in	4446
section 4765.39 of the Revised Code that a paramedic is certified	4447
to perform.	4448

(B) "Air medical service organization" means an organization	4449
that furnishes, conducts, maintains, advertises, promotes, or	4450
otherwise engages in providing medical services with a rotorcraft	4451
air ambulance or fixed wing air ambulance.	4452

(C) "Air medical transportation" means the transporting of a	4453
patient by rotorcraft air ambulance or fixed wing air ambulance	4454
with appropriately licensed and certified medical personnel.	4455

(D) "Ambulance" means any motor vehicle that is specifically	4456
designed, constructed, or modified and equipped and is intended to	4457
be used to provide basic life support, intermediate life support,	4458
advanced life support, or mobile intensive care unit services and	4459
transportation upon the streets or highways of this state of	4460
persons who are seriously ill, injured, wounded, or otherwise	4461
incapacitated or helpless. "Ambulance" does not include air	4462
medical transportation or a vehicle designed and used solely for	4463
the transportation of nonstretcher-bound persons, whether	4464
hospitalized or handicapped or whether ambulatory or confined to a	4465
wheelchair.	4466

(E) "Ambulette" means a motor vehicle that is specifically	4467
designed, constructed, or modified and equipped and is intended to	4468
be used for transportation upon the streets or highways of this	4469
state of persons who require use of a wheelchair.	4470

(F) "Basic life support" means treatment described in section	4471
4765.37 of the Revised Code that an ~~EMT-basic~~EMT is certified to	4472
perform.	4473

(G) "Disaster situation" means any condition or situation	4474
described by rule of the ~~Ohio~~state board of emergency medical,	4475
fire, and transportation ~~board~~services as a mass casualty, major	4476
emergency, natural disaster, or national emergency.	4477

(H) "Emergency medical service organization" means an	4478
organization that uses ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, or	4479
paramedics, or a combination of ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, and	4480
paramedics, to provide medical care to victims of illness or	4481
injury. An emergency medical service organization includes, but is	4482
not limited to, a commercial ambulance service organization, a	4483
hospital, and a funeral home.	4484

(I) "~~EMT-basic~~EMT," "~~EMT-I~~AEMT," and "paramedic" have the	4485
same meanings as in ~~section~~sections 4765.01 and 4765.011 of the	4486
Revised Code.	4487

(J) "Fixed wing air ambulance" means a fixed wing aircraft	4488
that is specifically designed, constructed, or modified and	4489
equipped and is intended to be used as a means of air medical	4490
transportation.	4491

(K) "Intermediate life support" means treatment described in	4492
section 4765.38 of the Revised Code that an ~~EMT-I~~AEMT is	4493
certified to perform.	4494

(L) "Major emergency" means any emergency event that cannot	4495
be resolved through the use of locally available emergency	4496
resources.	4497

(M) "Mass casualty" means an emergency event that results in	4498
ten or more persons being injured, incapacitated, made ill, or	4499
killed.	4500

(N) "Medical emergency" means an unforeseen event affecting	4501
an individual in such a manner that a need for immediate care is	4502
created.	4503

(O) "Mobile intensive care unit" means an ambulance used only	4504
for maintaining specialized or intensive care treatment and used	4505
primarily for interhospital transports of patients whose	4506
conditions require care beyond the scope of a paramedic as	4507
provided in section 4765.39 of the Revised Code.	4508

(P)(1) "Nonemergency medical service organization" means a	4509
person that does both of the following:	4510

(a) Provides services to the public on a regular basis for	4511
the purpose of transporting individuals who require the use of a	4512
wheelchair or are confined to a wheelchair to receive health care	4513
services at health care facilities or health care practitioners'	4514
offices in nonemergency circumstances;	4515

(b) Provides the services for a fee, regardless of whether	4516
the fee is paid by the person being transported, a third party	4517
payer, as defined in section 3702.51 of the Revised Code, or any	4518
other person or government entity.	4519

(2) "Nonemergency medical service organization" does not	4520
include a health care facility, as defined in section 1751.01 of	4521
the Revised Code, that provides ambulette services only to	4522
patients of that facility.	4523

(Q) "Nontransport vehicle" means a motor vehicle operated by	4524
a licensed emergency medical service organization not as an	4525
ambulance, but as a vehicle for providing services in conjunction	4526
with the ambulances operated by the organization or other	4527
emergency medical service organizations.	4528

(R) "Patient" means any individual who as a result of illness	4529
or injury needs medical attention, whose physical or mental	4530
condition is such that there is imminent danger of loss of life or	4531
significant health impairment, who may be otherwise incapacitated	4532
or helpless as a result of a physical or mental condition, or	4533
whose physical condition requires the use of a wheelchair.	4534

(S) "Rotorcraft air ambulance" means a helicopter or other	4535
aircraft capable of vertical takeoffs, vertical landings, and	4536
hovering that is specifically designed, constructed, or modified	4537
and equipped and is intended to be used as a means of air medical	4538
transportation.	4539

Sec. 4766.03. (A) The ~~Ohio~~state board of emergency medical,	4540
fire, and transportation ~~board~~services shall adopt rules, in	4541
accordance with Chapter 119. of the Revised Code, implementing the	4542
requirements of this chapter. The rules shall include provisions	4543
relating to the following:	4544

(1) Requirements for an emergency medical service	4545
organization to receive a permit for an ambulance or nontransport	4546
vehicle;	4547

(2) Requirements for an emergency medical service	4548
organization to receive a license as a basic life-support,	4549
intermediate life-support, advanced life-support, or mobile	4550
intensive care unit organization;	4551

(3) Requirements for a nonemergency medical service	4552
organization to receive a permit for an ambulette vehicle;	4553

(4) Requirements for a nonemergency medical service	4554
organization to receive a license for an ambulette service;	4555

(5) Requirements for an air medical service organization to	4556
receive a permit for a rotorcraft air ambulance or fixed wing air	4557
ambulance;	4558

(6) Requirements for licensure of air medical service	4559
organizations;	4560

(7) Forms for applications and renewals of licenses and	4561
permits;	4562

(8) Requirements for record keeping of service responses made	4563
by licensed emergency medical service organizations;	4564

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

4565

(10) Inspection requirements for licensees' vehicles or	4566
aircraft, records, and physical facilities;	4567

(11) Fee amounts for inspections of ambulances, ambulettes,	4568
rotorcraft air ambulances, fixed wing air ambulances, and	4569
nontransport vehicles;	4570

(12) Requirements for ambulances and nontransport vehicles	4571
used by licensed emergency medical service organizations, for	4572
ambulette vehicles used by licensed nonemergency medical service	4573
organizations, and for rotorcraft air ambulances or fixed wing air	4574
ambulances used by licensed air medical service organizations that	4575
specify for each type of vehicle or aircraft the types of	4576
equipment that must be carried, the communication systems that	4577
must be maintained, and the personnel who must staff the vehicle	4578
or aircraft;	4579

(13) The level of care each type of emergency medical service	4580
organization, nonemergency medical service organization, and air	4581
medical service organization is authorized to provide;	4582

(14) Eligibility requirements for employment as an ambulette	4583
driver, including grounds for disqualification due to the results	4584
of a motor vehicle law violation check, chemical test, or criminal	4585
records check. The rule may require that an applicant for	4586
employment as an ambulette driver provide a set of fingerprints to	4587
law enforcement authorities if the applicant comes under final	4588
consideration for employment.	4589

(15) Any other rules that the board determines necessary for	4590
the implementation and enforcement of this chapter.	4591

(B) In the rules for ambulances and nontransport vehicles	4592
adopted under division (A)(12) of this section, the board may	4593
establish requirements that vary according to whether the	4594
emergency medical service organization using the vehicles is	4595
licensed as a basic life-support, intermediate life-support,	4596
advanced life-support, or mobile intensive care unit organization.	4597

(C) A mobile intensive care unit that is not dually certified	4598
to provide advanced life-support and meets the requirements of the	4599
rules adopted under this section is not required to carry	4600
immobilization equipment, including board splint kits, traction	4601
splints, backboards, backboard straps, cervical immobilization	4602
devices, cervical collars, stair chairs, folding cots, or other	4603
types of immobilization equipment determined by the board to be	4604
unnecessary for mobile intensive care units.	4605

A mobile intensive care unit is exempt from the emergency	4606
medical technician staffing requirements of section 4765.43 of the	4607
Revised Code when it is staffed by at least one physician or	4608
registered nurse and another person, designated by a physician,	4609
who holds a valid license or certificate to practice in a health	4610
care profession, and when at least one of the persons staffing the	4611
mobile intensive care unit is a registered nurse whose training	4612
meets or exceeds the training required for a paramedic.	4613

Sec. 4766.04. (A) Except as otherwise provided in this	4614
chapter, no person shall furnish, operate, conduct, maintain,	4615
advertise, engage in, or propose or profess to engage in the	4616
business or service in this state of transporting persons who are	4617
seriously ill, injured, or otherwise incapacitated or who require	4618
the use of a wheelchair or are confined to a wheelchair unless the	4619
person is licensed pursuant to this section.	4620

(B) To qualify for a license as a basic life-support,	4621
intermediate life-support, advanced life-support, or mobile	4622
intensive care unit organization, an emergency medical service	4623
organization shall do all of the following:	4624

(1) Apply for a permit for each ambulance and nontransport	4625
vehicle owned or leased as provided in section 4766.07 of the	4626
Revised Code;	4627

(2) Meet all requirements established in rules adopted by the	4628
~~Ohio~~state board of emergency medical, fire, and transportation	4629
~~board~~services regarding ambulances and nontransport vehicles,	4630
including requirements pertaining to equipment, communications	4631
systems, staffing, and level of care the particular organization	4632
is permitted to render;	4633

(3) Maintain the appropriate type and amount of insurance as	4634
specified in section 4766.06 of the Revised Code;	4635

(4) Meet all other requirements established under rules	4636
adopted by the board for the particular license.	4637

(C) To qualify for a license to provide ambulette service, a	4638
nonemergency medical service organization shall do all of the	4639
following:	4640

(1) Apply for a permit for each ambulette owned or leased as	4641
provided in section 4766.07 of the Revised Code;	4642

(2) Meet all requirements established in rules adopted by the	4643
~~Ohio~~state board of emergency medical, fire, and transportation	4644
~~board~~services regarding ambulettes, including requirements	4645
pertaining to equipment, communication systems, staffing, and	4646
level of care the organization is permitted to render;	4647

(3) Maintain the appropriate type and amount of insurance as	4648
specified in section 4766.06 of the Revised Code;	4649

(4) Meet all other requirements established under rules	4650
adopted by the board for the license.	4651

(D) To qualify for a license to provide air medical	4652
transportation, an air medical service organization shall do all	4653
of the following:	4654

(1) Apply for a permit for each rotorcraft air ambulance and	4655
fixed wing air ambulance owned or leased as provided in section	4656
4766.07 of the Revised Code;	4657

(2) Meet all requirements established in rules adopted by the	4658
~~Ohio~~state board of emergency medical, fire, and transportation	4659
~~board~~services regarding rotorcraft air ambulances and fixed wing	4660
air ambulances, including requirements pertaining to equipment,	4661
communication systems, staffing, and level of care the	4662
organization is permitted to render;	4663

(3) Maintain the appropriate type and amount of insurance as	4664
specified in section 4766.06 of the Revised Code;	4665

(4) Meet all other requirements established under rules	4666
adopted by the board for the license.	4667

(E) An emergency medical service organization that applies	4668
for a license as a basic life-support, intermediate life-support,	4669
advanced life-support, or mobile intensive care unit organization;	4670
a nonemergency medical service organization that applies for a	4671
license to provide ambulette service; or an air medical service	4672
organization that applies for a license to provide air medical	4673
transportation shall submit a completed application to the board,	4674
on a form provided by the board for each particular license,	4675
together with the appropriate fees established under section	4676
4766.05 of the Revised Code. The application form shall include	4677
all of the following:	4678

(1) The name and business address of the operator of the	4679
organization for which licensure is sought;	4680

(2) The name under which the applicant will operate the	4681
organization;	4682

(3) A list of the names and addresses of all officers and	4683
directors of the organization;	4684

(4) For emergency medical service organizations and	4685
nonemergency medical service organizations, a description of each	4686
vehicle to be used, including the make, model, year of	4687
manufacture, mileage, vehicle identification number, and the color	4688
scheme, insignia, name, monogram, or other distinguishing	4689
characteristics to be used to designate the applicant's vehicle;	4690

(5) For air medical service organizations using fixed wing	4691
air ambulances, a description of each aircraft to be used,	4692
including the make, model, year of manufacture, and aircraft hours	4693
on airframe;	4694

(6) For air medical service organizations using rotorcraft	4695
air ambulances, a description of each aircraft to be used,	4696
including the make, model, year of manufacture, aircraft hours on	4697
airframe, aircraft identification number, and the color scheme,	4698
insignia, name, monogram, or other distinguishing characteristics	4699
to be used to designate the applicant's rotorcraft air ambulance;	4700

(7) The location and description of each place from which the	4701
organization will operate;	4702

(8) A description of the geographic area to be served by the	4703
applicant;	4704

(9) Any other information the board, by rule, determines	4705
necessary.	4706

(F) Within sixty days after receiving a completed application	4707
for licensure as a basic life-support, intermediate life-support,	4708
advanced life-support, or mobile intensive care unit organization;	4709
an ambulette service; or an air medical service organization, the	4710
board shall approve or deny the application. The board shall deny	4711
an application if it determines that the applicant does not meet	4712
the requirements of this chapter or any rules adopted under it.	4713
The board shall send notice of the denial of an application by	4714
certified mail to the applicant. The applicant may request a	4715
hearing within ten days after receipt of the notice. If the board	4716
receives a timely request, it shall hold a hearing in accordance	4717
with Chapter 119. of the Revised Code.	4718

(G) If an applicant or licensee operates or plans to operate	4719
an organization in more than one location under the same or	4720
different identities, the applicant or licensee shall apply for	4721
and meet all requirements for licensure or renewal of a license,	4722
other than payment of a license fee or renewal fee, for operating	4723
the organization at each separate location. An applicant or	4724
licensee that operates or plans to operate under the same	4725
organization identity in separate locations shall pay only a	4726
single license fee.	4727

(H) An emergency medical service organization that wishes to	4728
provide ambulette services to the public must apply for a separate	4729
license under division (C) of this section.	4730

(I) Each license issued under this section and each permit	4731
issued under section 4766.07 of the Revised Code expires one year	4732
after the date of issuance and may be renewed in accordance with	4733
the standard renewal procedures of Chapter 4745. of the Revised	4734
Code. An application for renewal shall include the license or	4735
permit renewal fee established under section 4766.05 of the	4736
Revised Code. An applicant for renewal of a permit also shall	4737
submit to the board proof of an annual inspection of the vehicle	4738
or aircraft for which permit renewal is sought. The board shall	4739
renew a license if the applicant meets the requirements for	4740
licensure and shall renew a permit if the applicant and vehicle or	4741
aircraft meet the requirements to maintain a permit for that	4742
vehicle or aircraft.	4743

(J) Each licensee shall maintain accurate records of all	4744
service responses conducted. The records shall be maintained on	4745
forms prescribed by the board and shall contain information as	4746
specified by rule by the board.	4747

Sec. 4766.05. (A) The ~~Ohio~~state board of emergency medical,	4748
fire, and transportation ~~board~~services shall establish by rule a	4749
license fee, a permit fee for each ambulance, ambulette,	4750
rotorcraft air ambulance, fixed wing air ambulance, and	4751
nontransport vehicle owned or leased by the licensee that is or	4752
will be used as provided in section 4766.07 of the Revised Code,	4753
and fees for renewals of licenses and permits, taking into	4754
consideration the actual costs incurred by the board in carrying	4755
out its duties under this chapter. However, the fee for each	4756
license and each renewal of a license shall not exceed one hundred	4757
dollars, and the fee for each permit and each renewal of a permit	4758
shall not exceed one hundred dollars for each ambulance,	4759
rotorcraft air ambulance, fixed wing air ambulance, and	4760
nontransport vehicle. The ~~fee for each permit and each renewal of~~	4761
~~a permit shall be twenty-five dollars for each ambulette for one~~	4762
~~year after March 9, 2004. Thereafter, the~~ board shall determine by	4763
rule the fee, which shall not exceed fifty dollars, for each	4764
permit and each renewal of a permit for each ambulette. For	4765
purposes of establishing fees, "actual costs" includes the costs	4766
of salaries, expenses, inspection equipment, supervision, and	4767
program administration.	4768

(B) The board shall deposit all fees and other moneys	4769
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	4770
the Revised Code in the state treasury to the credit of the	4771
~~occupational licensing~~trauma and ~~regulatory~~emergency medical	4772
services fund, which is created by section ~~4743.05~~4513.263 of the	4773
Revised Code. ~~All moneys from the fund shall be used solely for~~	4774
~~the salaries and expenses of the board incurred in implementing~~	4775
~~and enforcing this chapter.~~	4776

(C) The board, subject to the approval of the controlling	4777
board, may establish fees in excess of the maximum amounts allowed	4778
under division (A) of this section, but such fees shall not exceed	4779
those maximum amounts by more than fifty per cent.	4780

Sec. 4766.07. (A) Except as otherwise provided by rule of	4781
the ~~Ohio~~state board of emergency medical, fire, and	4782
transportation ~~board~~services, each emergency medical service	4783
organization, nonemergency medical service organization, and air	4784
medical service organization subject to licensure under this	4785
chapter shall possess a valid permit for each ambulance,	4786
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	4787
nontransport vehicle it owns or leases that is or will be used by	4788
the licensee to perform the services permitted by the license.	4789
Each licensee and license applicant shall submit the appropriate	4790
fee and an application for a permit for each ambulance, ambulette,	4791
rotorcraft air ambulance, fixed wing air ambulance, and	4792
nontransport vehicle to the ~~Ohio~~state board of emergency	4793
medical, fire, and transportation ~~board~~services on forms provided	4794
by the board. The application shall include documentation that the	4795
vehicle or aircraft meets the appropriate standards set by the	4796
board, that the vehicle or aircraft has been inspected pursuant to	4797
division (C) of this section, that the permit applicant maintains	4798
insurance as provided in section 4766.06 of the Revised Code, and	4799
that the vehicle or aircraft and permit applicant meet any other	4800
requirements established under rules adopted by the board.	4801

The ~~Ohio~~state board of emergency medical, fire, and	4802
transportation ~~board~~services may adopt rules in accordance with	4803
Chapter 119. of the Revised Code to authorize the temporary use of	4804
a vehicle or aircraft for which a permit is not possessed under	4805
this section in back-up or disaster situations.	4806

(B)(1) Within sixty days after receiving a completed	4807
application for a permit, the board shall issue or deny the	4808
permit. The board shall deny an application if it determines that	4809
the permit applicant, vehicle, or aircraft does not meet the	4810
requirements of this chapter and the rules adopted under it that	4811
apply to permits for ambulances, ambulettes, rotorcraft air	4812
ambulances, fixed wing air ambulances, and nontransport vehicles.	4813
The board shall send notice of the denial of an application by	4814
certified mail to the permit applicant. The permit applicant may	4815
request a hearing within ten days after receipt of the notice. If	4816
the board receives a timely request, it shall hold a hearing in	4817
accordance with Chapter 119. of the Revised Code.	4818

(2) If the board issues the vehicle permit for an ambulance,	4819
ambulette, or nontransport vehicle, it also shall issue a decal,	4820
in a form prescribed by rule, to be displayed on the rear window	4821
of the vehicle. The board shall not issue a decal until all of the	4822
requirements for licensure and permit issuance have been met.	4823

(3) If the board issues the aircraft permit for a rotorcraft	4824
air ambulance or fixed wing air ambulance, it also shall issue a	4825
decal, in a form prescribed by rule, to be displayed on the left	4826
fuselage aircraft window in a manner that complies with all	4827
applicable federal aviation regulations. The board shall not issue	4828
a decal until all of the requirements for licensure and permit	4829
issuance have been met.	4830

(C) In addition to any other requirements that the board	4831
establishes by rule, a licensee or license applicant applying for	4832
an initial vehicle or aircraft permit under division (A) of this	4833
section shall submit to the board the vehicle or aircraft for	4834
which the permit is sought. Thereafter, a licensee shall annually	4835
submit to the board each vehicle or aircraft for which a permit	4836
has been issued.	4837

(1) The board shall conduct a physical inspection of an	4838
ambulance, ambulette, or nontransport vehicle to determine its	4839
roadworthiness and compliance with standard motor vehicle	4840
requirements.	4841

(2) The board shall conduct a physical inspection of the	4842
medical equipment, communication system, and interior of an	4843
ambulance to determine the operational condition and safety of the	4844
equipment and the ambulance's interior and to determine whether	4845
the ambulance is in compliance with the federal requirements for	4846
ambulance construction that were in effect at the time the	4847
ambulance was manufactured, as specified by the general services	4848
administration in the various versions of its publication titled	4849
"federal specification for the star-of-life ambulance,	4850
KKK-A-1822."	4851

(3) The board shall conduct a physical inspection of the	4852
equipment, communication system, and interior of an ambulette to	4853
determine the operational condition and safety of the equipment	4854
and the ambulette's interior and to determine whether the	4855
ambulette is in compliance with state requirements for ambulette	4856
construction. The board shall determine by rule requirements for	4857
the equipment, communication system, interior, and construction of	4858
an ambulette.	4859

(4) The board shall conduct a physical inspection of the	4860
medical equipment, communication system, and interior of a	4861
rotorcraft air ambulance or fixed wing air ambulance to determine	4862
the operational condition and safety of the equipment and the	4863
aircraft's interior.	4864

(5) The board shall issue a certificate to the applicant for	4865
each vehicle or aircraft that passes the inspection and may assess	4866
a fee for each inspection, as established by the board.	4867

(6) The board shall adopt rules regarding the implementation	4868
and coordination of inspections. The rules may permit the board to	4869
contract with a third party to conduct the inspections required of	4870
the board under this section.	4871

Sec. 4766.08. (A) The ~~Ohio~~state board of emergency medical,	4872
fire, and transportation ~~board may~~services, pursuant to an	4873
adjudication conducted in accordance with Chapter 119. of the	4874
Revised Code, may suspend or revoke any license or permit or	4875
renewal thereof issued under this chapter for any one or	4876
combination of the following causes:	4877

(1) Violation of this chapter or any rule adopted thereunder;

4878

(2) Refusal to permit the board to inspect a vehicle or	4879
aircraft used under the terms of a permit or to inspect the	4880
records or physical facilities of a licensee;	4881

(3) Failure to meet the ambulance, ambulette, rotorcraft air	4882
ambulance, fixed wing air ambulance, and nontransport vehicle	4883
requirements specified in this chapter or the rules adopted	4884
thereunder;	4885

(4) Violation of an order issued by the board;

4886

(5) Failure to comply with any of the terms of an agreement	4887
entered into with the board regarding the suspension or revocation	4888
of a license or permit or the imposition of a penalty under this	4889
section.	4890

(B) If the board determines that the records, record-keeping	4891
procedures, or physical facilities of a licensee, or an ambulance,	4892
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or	4893
nontransport vehicle for which a valid permit has been issued, do	4894
not meet the standards specified in this chapter and the rules	4895
adopted thereunder, the board shall notify the licensee of any	4896
deficiencies within thirty days of finding the deficiencies. If	4897
the board determines that the deficiencies exist and they remain	4898
uncorrected after thirty days, the board may suspend the license,	4899
vehicle permit, or aircraft permit. The licensee, notwithstanding	4900
the suspension under this division, may operate until all appeals	4901
have been exhausted.	4902

(C) At the discretion of the board, a licensee whose license	4903
has been suspended or revoked under this section may be ineligible	4904
to be licensed under this chapter for a period of not more than	4905
three years from the date of the violation, provided that the	4906
board shall make no determination on a period of ineligibility	4907
until all the licensee's appeals relating to the suspension or	4908
revocation have been exhausted.	4909

(D) The board may, in addition to any other action taken	4910
under this section and after a hearing conducted pursuant to	4911
Chapter 119. of the Revised Code, impose a penalty of not more	4912
than fifteen hundred dollars for any violation specified in this	4913
section. The attorney general shall institute a civil action for	4914
the collection of any such penalty imposed.	4915

Sec. 4766.09. This chapter does not apply to any of the	4916
following:	4917

(A) A person rendering services with an ambulance in the	4918
event of a disaster situation when licensees' vehicles based in	4919
the locality of the disaster situation are incapacitated or	4920
insufficient in number to render the services needed;	4921

(B) Any person operating an ambulance, ambulette, rotorcraft	4922
air ambulance, or fixed wing air ambulance outside this state	4923
unless receiving a person within this state for transport to a	4924
location within this state;	4925

(C) A publicly owned or operated emergency medical service	4926
organization and the vehicles it owns or leases and operates,	4927
except as provided in section 307.051, division (G) of section	4928
307.055, division (F) of section 505.37, division (B) of section	4929
505.375, and division (B)(3) of section 505.72 of the Revised	4930
Code;	4931

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	4932
wing air ambulance, or nontransport vehicle owned or leased and	4933
operated by the federal government;	4934

(E) A publicly owned and operated fire department vehicle;

4935

(F) Emergency vehicles owned by a corporation and operating	4936
only on the corporation's premises, for the sole use by that	4937
corporation;	4938

(G) An ambulance, nontransport vehicle, or other emergency	4939
medical service organization vehicle owned and operated by a	4940
municipal corporation;	4941

(H) A motor vehicle titled in the name of a volunteer rescue	4942
service organization, as defined in section 4503.172 of the	4943
Revised Code;	4944

(I) A public emergency medical service organization;

4945

(J) A fire department, rescue squad, or life squad comprised	4946
of volunteers who provide services without expectation of	4947
remuneration and do not receive payment for services other than	4948
reimbursement for expenses;	4949

(K) A private, nonprofit emergency medical service	4950
organization when fifty per cent or more of its personnel are	4951
volunteers, as defined in section 4765.01 of the Revised Code;	4952

(L) Emergency medical service personnel who are regulated by	4953
the state board of emergency medical, fire, and transportation	4954
services under Chapter 4765. of the Revised Code;	4955

(M) Any of the following that operates a transit bus, as that	4956
term is defined in division (Q) of section 5735.01 of the Revised	4957
Code, unless the entity provides ambulette services that are	4958
reimbursed under the state medicaid plan:	4959

(1) A public nonemergency medical service organization;

4960

(2) An urban or rural public transit system;

4961

(3) A private nonprofit organization that receives grants	4962
under section 5501.07 of the Revised Code.	4963

(N)(1) An entity, to the extent it provides ambulette	4964
services, if the entity meets all of the following conditions:	4965

(a) The entity is certified by the department of aging or the	4966
department's designee in accordance with section 173.391 of the	4967
Revised Code or operates under a contract or grant agreement with	4968
the department or the department's designee in accordance with	4969
section 173.392 of the Revised Code.	4970

(b) The entity meets the requirements of section 4766.14 of	4971
the Revised Code.	4972

(c) The entity does not provide ambulette services that are	4973
reimbursed under the state medicaid plan.	4974

(2) A vehicle, to the extent it is used to provide ambulette	4975
services, if the vehicle meets both of the following conditions:	4976

(a) The vehicle is owned by an entity that meets the	4977
conditions specified in division (N)(1) of this section.	4978

(b) The vehicle does not provide ambulette services that are	4979
reimbursed under the state medicaid plan.	4980

(O) A vehicle that meets both of the following criteria,	4981
unless the vehicle provides services that are reimbursed under the	4982
state medicaid plan:	4983

(1) The vehicle was purchased with funds from a grant made by	4984
the United States secretary of transportation under 49 U.S.C.	4985
5310;	4986

(2) The department of transportation holds a lien on the	4987
vehicle.	4988

Sec. 4766.10. This chapter does not invalidate any ordinance	4989
or resolution adopted by a municipal corporation that establishes	4990
standards for the licensure of emergency medical service	4991
organizations as basic life-support, intermediate life-support, or	4992
advanced life-support service organizations that have their	4993
principal places of business located within the limits of the	4994
municipal corporation, as long as the licensure standards meet or	4995
exceed the standards established in this chapter and the rules	4996
adopted thereunder.	4997

Emergency medical service organizations licensed by a	4998
municipal corporation are subject to the jurisdiction of the ~~Ohio~~	4999
state board of emergency medical, fire, and transportation ~~board~~	5000
services, but the fees they pay to the board for licenses,	5001
permits, and renewals thereof shall not exceed fifty per cent of	5002
the fee amounts established by the board pursuant to section	5003
4766.03 of the Revised Code. The board may choose to waive the	5004
vehicle inspection requirements and inspection fees, but not the	5005
permit fees, for the vehicles of organizations licensed by a	5006
municipal corporation.	5007

Sec. 4766.11. (A) The ~~Ohio~~state board of emergency medical,	5008
fire, and transportation ~~board~~services may investigate alleged	5009
violations of this chapter or the rules adopted under it and may	5010
investigate any complaints received regarding alleged violations.	5011

In addition to any other remedies available and regardless of	5012
whether an adequate remedy at law exists, the board may apply to	5013
the court of common pleas in the county where a violation of any	5014
provision of this chapter or any rule adopted pursuant thereto is	5015
occurring for a temporary or permanent injunction restraining a	5016
person from continuing to commit that violation. On a showing that	5017
a person has committed a violation, the court shall grant the	5018
injunction.	5019

In conducting an investigation under this section, the board	5020
may issue subpoenas compelling the attendance and testimony of	5021
witnesses and the production of books, records, and other	5022
documents pertaining to the investigation. If a person fails to	5023
obey a subpoena from the board, the board may apply to the court	5024
of common pleas in the county where the investigation is being	5025
conducted for an order compelling the person to comply with the	5026
subpoena. On application by the board, the court shall compel	5027
obedience by attachment proceedings for contempt, as in the case	5028
of disobedience of the requirements of a subpoena from the court	5029
or a refusal to testify therein.	5030

(B) The ~~medical transportation~~ board may suspend a license	5031
issued under this chapter without a prior hearing if it determines	5032
that there is evidence that the license holder is subject to	5033
action under this section and that there is clear and convincing	5034
evidence that continued operation by the license holder presents a	5035
danger of immediate and serious harm to the public. The	5036
chairperson and executive director of the board shall make a	5037
preliminary determination and describe the evidence on which they	5038
made their determination to the board members. The board by	5039
resolution may designate another board member to act in place of	5040
the chairperson or another employee to act in place of the	5041
executive director in the event that the chairperson or executive	5042
director is unavailable or unable to act. Upon review of the	5043
allegations, the board, by the affirmative vote of ~~at least four~~a	5044
majority of its members, may suspend the license without a	5045
hearing.	5046

~~Any method of communication, including a telephone conference~~	5047
~~call, may be utilized for describing the evidence to the board~~	5048
~~members, for reviewing the allegations, and for voting on the~~	5049
~~suspension.~~	5050

Immediately following the decision by the board to suspend a	5051
license under this division, the board shall issue a written order	5052
of suspension and cause it to be delivered in accordance with	5053
section 119.07 of the Revised Code. If the license holder subject	5054
to the suspension requests an adjudication hearing by the board,	5055
the date set for the adjudication shall be within fifteen days but	5056
not earlier than seven days after the request unless another date	5057
is agreed to by the license holder and the board.	5058

Any summary suspension imposed under this division remains in	5059
effect, unless reversed by the board, until a final adjudicative	5060
order issued by the board pursuant to this section and Chapter	5061
119. of the Revised Code becomes effective. The board shall issue	5062
its final adjudicative order not less than ninety days after	5063
completion of its adjudication hearing. Failure to issue the order	5064
by that day shall cause the summary suspension order to end, but	5065
such failure shall not affect the validity of any subsequent final	5066
adjudication order.	5067

Sec. 4766.12. If a county, township, joint ambulance	5068
district, or joint emergency medical services district chooses to	5069
have the ~~Ohio~~state board of emergency medical, fire, and	5070
transportation ~~board~~services license its emergency medical	5071
service organizations and issue permits for its vehicles pursuant	5072
to this chapter, except as may be otherwise provided, all	5073
provisions of this chapter and all rules adopted by the board	5074
thereunder are fully applicable. However, a county, township,	5075
joint ambulance district, or joint emergency medical services	5076
district is not required to obtain any type of permit from the	5077
board for any of its nontransport vehicles.	5078

Sec. 4766.13. The ~~Ohio~~state board of emergency medical,	5079
fire, and transportation ~~board~~services, by endorsement, may	5080
license and issue vehicle permits to an emergency medical service	5081
organization or a nonemergency medical service organization that	5082
is regulated by another state. To qualify for a license and	5083
vehicle permits by endorsement, an organization must submit	5084
evidence satisfactory to the board that it has met standards in	5085
another state that are equal to or more stringent than the	5086
standards established by this chapter and the rules adopted under	5087
it.	5088

Sec. 4766.15. (A) An applicant for employment as an	5089
ambulette driver with an organization licensed pursuant to this	5090
chapter shall submit proof to the organization of, or give consent	5091
to the employer to obtain, all of the following:	5092

(1)(a) A valid driver's license issued pursuant to Chapter	5093
4506. or 4507. of the Revised Code, or its equivalent, if the	5094
applicant is a resident of another state;	5095

(b) A recent certified abstract of the applicant's record of	5096
convictions for violations of motor vehicle laws provided by the	5097
registrar of motor vehicles pursuant to section 4509.05 of the	5098
Revised Code, or its equivalent, if the applicant is a resident of	5099
another state.	5100

(2)(a) A certificate of completion of a course in first aid	5101
techniques offered by the American red cross or an equivalent	5102
organization;	5103

(b) A certificate of completion of a course in	5104
cardiopulmonary resuscitation, or its equivalent, offered by an	5105
organization approved by the ~~Ohio~~state board of emergency	5106
medical, fire, and transportation ~~board~~services.	5107

(3) The result of a chemical test or tests of the applicant's	5108
blood, breath, or urine conducted at a hospital or other	5109
institution approved by the board for the purpose of determining	5110
the alcohol, drug of abuse, controlled substance, or metabolite of	5111
a controlled substance content of the applicant's whole blood,	5112
blood serum or plasma, breath, or urine;	5113

(4) The result of a criminal records check conducted by the	5114
bureau of criminal identification and investigation.	5115

(B) An organization may employ an applicant on a temporary	5116
provisional basis pending the completion of all of the	5117
requirements of this section. The length of the provisional period	5118
shall be determined by the board.	5119

(C) An organization licensed pursuant to this chapter shall	5120
use information received pursuant to this section to determine in	5121
accordance with rules adopted by the ~~Ohio~~state board of emergency	5122
medical, fire, and transportation ~~board~~services under section	5123
4766.03 of the Revised Code whether an applicant is disqualified	5124
for employment.	5125

No applicant shall be accepted for permanent employment as an	5126
ambulette driver by an organization licensed pursuant to this	5127
chapter until all of the requirements of division (A) of this	5128
section have been met.	5129

Sec. 4766.22. (A) Not later than forty-five days after the	5130
end of each fiscal year, the ~~Ohio~~state board of emergency	5131
medical, fire, and transportation ~~board~~services shall submit a	5132
report to the governor and general assembly that provides all of	5133
the following information for that fiscal year:	5134

(1) The number of each of the following the board issued:

5135

(a) Basic life-support organization licenses;

5136

(b) Intermediate life-support organization licenses;

5137

5138

(d) Mobile intensive care unit organization licenses;

5139

(e) Ambulette service licenses;

5140

(f) Air medical service organization licenses;

5141

(g) Ambulance permits;

5142

(h) Nontransport vehicle permits;

5143

(i) Ambulette vehicle permits;

5144

(j) Rotorcraft air ambulance permits;

5145

(k) Fixed wing air ambulance permits.

5146

(2) The amount of fees the board collected for issuing and	5147
renewing each type of license and permit specified in division	5148
(A)(1) of this section;	5149

(3) The number of inspections the board or a third party on	5150
the board's behalf conducted in connection with each type of	5151
license and permit specified in division (A)(1) of this section	5152
and the amount of fees the board collected for the inspections;	5153

(4) The number of complaints that were submitted to the	5154
board;	5155

(5) The number of investigations the board conducted under	5156
section 4766.11 of the Revised Code;	5157

(6) The number of adjudication hearings the board held and	5158
the outcomes of the adjudications;	5159

(7) The amount of penalties the board imposed and collected	5160
under section 4766.08 of the Revised Code;	5161

(8) Other information the board determines reflects the	5162
board's operations.	5163

(B) The board shall post the annual report required by this	5164
section on its web site and make it available to the public on	5165
request.	5166

Sec. 5501.73. (A) After selecting a solicited or unsolicited	5167
proposal for a public-private initiative, the department of	5168
transportation shall enter into a public-private agreement for a	5169
transportation facility with the selected private entity or any	5170
configuration of private entities. An affected jurisdiction may be	5171
a party to a public-private agreement entered into by the	5172
department and a selected private entity or combination of private	5173
entities.	5174

(B) A public-private agreement under this section shall	5175
provide for all of the following:	5176

(1) Planning, acquisition, financing, development, design,	5177
construction, reconstruction, replacement, improvement,	5178
maintenance, management, repair, leasing, or operation of a	5179
transportation facility;	5180

(2) Term of the public-private agreement;

5181

(3) Type of property interest, if any, the private entity	5182
will have in the transportation facility;	5183

(4) A specific plan to ensure proper maintenance of the	5184
transportation facility throughout the term of the agreement and a	5185
return of the facility to the department, if applicable, in good	5186
condition and repair;	5187

(5) Whether user fees will be collected on the transportation	5188
facility and the basis by which such user fees shall be determined	5189
and modified;	5190

(6) Compliance with applicable federal, state, and local	5191
laws;	5192

(7) Grounds for termination of the public-private agreement	5193
by the department or operator;	5194

(8) Disposition of the facility upon completion of the	5195
agreement;	5196

(9) Procedures for amendment of the agreement.

5197

(C) A public-private agreement under this section may provide	5198
for any of the following:	5199

(1) Review and approval by the department of the operator's	5200
plans for the development and operation of the transportation	5201
facility;	5202

(2) Inspection by the department of construction of or	5203
improvements to the transportation facility;	5204

(3) Maintenance by the operator of a policy of liability	5205
insurance or self-insurance;	5206

(4) Filing by the operator, on a periodic basis, of	5207
appropriate financial statements in a form acceptable to the	5208
department;	5209

(5) Filing by the operator, on a periodic basis, of traffic	5210
reports in a form acceptable to the department;	5211

(6) Financing obligations of the operator and the department;

5212

(7) Apportionment of expenses between the operator and the	5213
department;	5214

(8) Rights and duties of the operator, the department, and	5215
other state and local governmental entities with respect to use of	5216
the transportation facility;	5217

(9) Rights and remedies available in the event of default or	5218
delay;	5219

(10) Terms and conditions of indemnification of the operator	5220
by the department;	5221

(11) Assignment, subcontracting, or other delegation of	5222
responsibilities of the operator or the department under the	5223
agreement to third parties, including other private entities and	5224
other state agencies;	5225

(12) Sale or lease to the operator of private property	5226
related to the transportation facility;	5227

(13) Traffic enforcement and other policing issues, including	5228
any reimbursement by the private entity for such services.	5229

(D)(1) The director of transportation may include in any	5230
public-private agreement under sections 5501.70 to 5501.83 of the	5231
Revised Code a provision authorizing a binding dispute resolution	5232
method for any controversy subsequently arising out of the	5233
contract. The binding dispute resolution method may proceed only	5234
upon agreement of all parties to the controversy. If all parties	5235
do not agree to proceed to a binding dispute resolution, a party	5236
having a claim against the department shall exhaust its	5237
administrative remedies specified in the public-private agreement	5238
prior to filing any action against the department in the court of	5239
claims.	5240

No appeal from the determination of a technical expert lies	5241
to any court, except that the court of common pleas of Franklin	5242
County may issue an order vacating such a determination upon the	5243
application of any party to the binding dispute resolution if any	5244
of the following applies:	5245

(a) The determination was procured by corruption, fraud, or	5246
undue means.	5247

(b) There was evidence of partiality or corruption on the	5248
part of the technical expert.	5249

(c) The technical expert was guilty of misconduct in refusing	5250
to postpone the hearing, upon sufficient cause shown, or in	5251
refusing to hear evidence pertinent and material to the	5252
controversy, or of any other misbehavior by which the rights of	5253
any party have been prejudiced.	5254

(2) As used in this division, "binding dispute resolution"	5255
means a binding determination after review by a technical expert	5256
of all relevant items, which may include documents, and by	5257
interviewing appropriate personnel and visiting the project site	5258
involved in the controversy. "Binding dispute resolution" does not	5259
involve representation by legal counsel or advocacy by any person	5260
on behalf of any party to the controversy.	5261

(E) No public-private agreement entered into under this	5262
section shall be construed to transfer to a private entity the	5263
director's authority to appropriate property under Chapters 163.,	5264
5501., and 5519. of the Revised Code.	5265

Sec. 5501.77. (A) For the purposes of carrying out sections	5266
5501.70 to 5501.83 of the Revised Code, the department of	5267
transportation may do all of the following:	5268

(1) Accept, subject to applicable terms and conditions,	5269
available funds from the United States or any of its agencies,	5270
whether the funds are made available by grant, loan, or other	5271
financial assistance;	5272

(2) Enter into agreements or other arrangements with the	5273
United States or any of its agencies as may be necessary;	5274

(3) For the purpose of completing a transportation facility	5275
under an agreement, accept from any source any grant, donation,	5276
gift, or other form of conveyance of land, money, other real or	5277
personal property, or other item of value made to the state or the	5278
department.	5279

(B) Any transportation facility may be financed in whole or	5280
in part by contribution of any funds or property made by any	5281
private entity or affected jurisdiction that is party to a	5282
public-private agreement under sections 5501.70 to 5501.83 of the	5283
Revised Code.	5284

(C) The department may use federal, state, local, and private	5285
funds to finance a transportation facility under sections 5501.70	5286
to 5501.83 of the Revised Code and shall comply with any	5287
requirements and restrictions governing the use of the funds,	5288
including maintaining the funds separately when necessary.	5289

(D) The director of transportation, in accordance with	5290
Chapter 119. of the Revised Code, may adopt such rules as the	5291
director considers advisable for the control and regulation of	5292
traffic on any transportation facility subject to a public-private	5293
agreement, for the protection and preservation of the	5294
transportation facility, for the maintenance and preservation of	5295
good order within the transportation facility, and for the purpose	5296
of establishing vehicle owner or operator liability for avoidance	5297
of user fees. The rules shall provide that public police officers	5298
shall be afforded ready access, while in the performance of their	5299
official duties, to the transportation facility without the	5300
payment of user fees.	5301

(1) No person shall violate any rules of the department of	5302
transportation adopted under this division.	5303

(2)(a) All fines collected for the violation of applicable	5304
laws of the state and the rules of the department of	5305
transportation or money arising from bonds forfeited for such	5306
violation shall be disposed of in accordance with section 5503.04	5307
of the Revised Code.	5308

(b) All fees or charges assessed by the department of	5309
transportation or a public-private operator in accordance with	5310
this section against an owner or operator of a vehicle as a civil	5311
violation for failure to comply with toll collection rules shall	5312
be revenues of the department or public-private operator as set	5313
forth in the public-private agreement.	5314

(E)(1) Except as provided in division (E)(2) of this section,	5315
whoever violates division (D)(1) of this section is guilty of a	5316
minor misdemeanor on a first offense; on each subsequent offense	5317
such person is guilty of a misdemeanor of the fourth degree.	5318

(2) Whoever violates division (D)(1) of this section when the	5319
violation is a civil violation for failure to comply with toll	5320
collection rules is subject to a fee or charge established by the	5321
department by rule.	5322

Sec. 5502.01. (A) The department of public safety shall	5323
administer and enforce the laws relating to the registration,	5324
licensing, sale, and operation of motor vehicles and the laws	5325
pertaining to the licensing of drivers of motor vehicles.	5326

The department shall compile, analyze, and publish statistics	5327
relative to motor vehicle accidents and the causes of them,	5328
prepare and conduct educational programs for the purpose of	5329
promoting safety in the operation of motor vehicles on the	5330
highways, and conduct research and studies for the purpose of	5331
promoting safety on the highways of this state.	5332

(B) The department shall administer the laws and rules	5333
relative to trauma and emergency medical services specified in	5334
Chapter 4765. of the Revised Code and any laws and rules relative	5335
to commercial medical transportation services as may be specified	5336
in Chapter 4766. of the Revised Code.	5337

(C) The department shall administer and enforce the laws	5338
contained in Chapters 4301. and 4303. of the Revised Code and	5339
enforce the rules and orders of the liquor control commission	5340
pertaining to retail liquor permit holders.	5341

(D) The department shall administer the laws governing the	5342
state emergency management agency and shall enforce all additional	5343
duties and responsibilities as prescribed in the Revised Code	5344
related to emergency management services.	5345

(E) The department shall conduct investigations pursuant to	5346
Chapter 5101. of the Revised Code in support of the duty of the	5347
department of job and family services to administer the	5348
supplemental nutrition assistance program throughout this state.	5349
The department of public safety shall conduct investigations	5350
necessary to protect the state's property rights and interests in	5351
the supplemental nutrition assistance program.	5352

(F) The department of public safety shall enforce compliance	5353
with orders and rules of the public utilities commission and	5354
applicable laws in accordance with Chapters 4905., 4921., and	5355
4923. of the Revised Code regarding commercial motor vehicle	5356
transportation safety, economic, and hazardous materials	5357
requirements.	5358

(G) Notwithstanding Chapter 4117. of the Revised Code, the	5359
department of public safety may establish requirements for its	5360
enforcement personnel, including its enforcement agents described	5361
in section 5502.14 of the Revised Code, that include standards of	5362
conduct, work rules and procedures, and criteria for eligibility	5363
as law enforcement personnel.	5364

(H) The department shall administer, maintain, and operate	5365
the Ohio criminal justice network. The Ohio criminal justice	5366
network shall be a computer network that supports state and local	5367
criminal justice activities. The network shall be an electronic	5368
repository for various data, which may include arrest warrants,	5369
notices of persons wanted by law enforcement agencies, criminal	5370
records, prison inmate records, stolen vehicle records, vehicle	5371
operator's licenses, and vehicle registrations and titles.	5372

(I) The department shall coordinate all homeland security	5373
activities of all state agencies and shall be a liaison between	5374
state agencies and local entities for those activities and related	5375
purposes.	5376

(J) Beginning July 1, 2004, the department shall administer	5377
and enforce the laws relative to private investigators and	5378
security service providers specified in Chapter 4749. of the	5379
Revised Code.	5380

(K) The department shall administer criminal justice services	5381
in accordance with sections 5502.61 to 5502.66 of the Revised	5382
Code.	5383

Sec. 5503.04. Forty-five per cent of the fines collected	5384
from or moneys arising from bail forfeited by persons apprehended	5385
or arrested by state highway patrol troopers shall be paid into	5386
the state treasury to be credited to the general revenue fund,	5387
five per cent shall be paid into the state treasury to be credited	5388
to the trauma and emergency medical services fund created by	5389
section 4513.263 of the Revised Code, and fifty per cent shall be	5390
paid into the treasury of the municipal corporation where the case	5391
is prosecuted, if in a mayor's court. If the prosecution is in a	5392
trial court outside a municipal corporation, or outside the	5393
territorial jurisdiction of a municipal court, the fifty per cent	5394
of the fines and moneys that is not paid into the state treasury	5395
shall be paid into the treasury of the county where the case is	5396
prosecuted. The fines and moneys paid into a county treasury and	5397
the fines and moneys paid into the treasury of a municipal	5398
corporation shall be deposited one-half to the same fund and	5399
expended in the same manner as is the revenue received from the	5400
registration of motor vehicles, and one-half to the general fund	5401
of such county or municipal corporation.	5402

If the prosecution is in a municipal court, forty-five per	5403
cent of the fines and moneys shall be paid into the state treasury	5404
to be credited to the general revenue fund, five per cent shall be	5405
paid into the state treasury to be credited to the trauma and	5406
emergency medical services ~~grants~~ fund created by division (E) of	5407
section 4513.263 of the Revised Code, ten per cent shall be paid	5408
into the county treasury to be credited to the general fund of the	5409
county, and forty per cent shall be paid into the municipal	5410
treasury to be credited to the general fund of the municipal	5411
corporation. In the Auglaize county, Clermont county, Crawford	5412
county, Hocking county, Jackson county, Lawrence county, Madison	5413
county, Miami county, Ottawa county, Portage county, and Wayne	5414
county municipal courts, that portion of money otherwise paid into	5415
the municipal treasury shall be paid into the county treasury.	5416

The trial court shall make remittance of the fines and moneys	5417
as prescribed in this section, and at the same time as the	5418
remittance is made of the state's portion to the state treasury,	5419
the trial court shall notify the superintendent of the state	5420
highway patrol of the case and the amount covered by the	5421
remittance.	5422

This section does not apply to fines for violations of	5423
division (B) of section 4513.263 of the Revised Code, or for	5424
violations of any municipal ordinance that is substantively	5425
comparable to that division, all of which shall be delivered to	5426
the treasurer of state as provided in division (E) of section	5427
4513.263 of the Revised Code.	5428

Sec. 5515.01. (A) The director of transportation ~~may~~, upon	5429
formal application being made to the director, may grant a permit	5430
to any individual, firm, or corporation to use or occupy such	5431
portion of a road or highway on the state highway system as will	5432
not incommode the traveling public. Such permits, when granted,	5433
shall be upon the following conditions:	5434

~~(A)~~(1) The director may issue a permit to any individual,	5435
firm, or corporation for any use of a road or highway on the state	5436
highway system that is consistent with applicable federal law or	5437
federal regulations.	5438

~~(B)~~(2) Such location shall be changed as prescribed by the	5439
director when the director deems such change necessary for the	5440
convenience of the traveling public, or in connection with or	5441
contemplation of, the construction, reconstruction, improvement,	5442
relocating, maintenance, or repair of such road or highway.	5443

~~(C)~~(3) The placing of objects or things shall be at a grade	5444
and in accordance with such plans, specifications, or both, as	5445
shall be first approved by the director.	5446

~~(D)~~(4) The road or highway in all respects shall be fully	5447
restored to its former condition of usefulness and at the expense	5448
of such individual, firm, or corporation.	5449

~~(E)~~(5) Such individual, firm, or corporation shall maintain	5450
all objects and things in a proper manner, promptly repair all	5451
damages resulting to such road or highway on account thereof, and	5452
in event of failure to so repair such road or highway to pay to	5453
the state all costs and expenses that may be expended by the	5454
director in repairing any damage.	5455

~~(F)~~(6) Such other conditions as may seem reasonable to the	5456
director, ~~but no condition shall be prescribed that imposes the~~	5457
~~payment of a money consideration for the privilege granted~~	5458
including payment of a reasonable one-time access permit	5459
processing fee not exceeding thirty dollars for agricultural	5460
access, seventy dollars for residential access, and three hundred	5461
dollars for commercial or industrial access. Nothing in this	5462
division prohibits the director from requiring payment of money	5463
consideration for a lease, easement, license, or other interest in	5464
a transportation facility under control of the department of	5465
transportation.	5466

~~(G)~~(7) Permits may be revoked by the director at any time for	5467
a noncompliance with the conditions imposed.	5468

~~(H)~~(8) As a condition precedent to the issuance of any permit	5469
for telecommunications facilities or carbon capture and storage	5470
pipelines, the director shall require the applicant to provide	5471
proof it is party to a lease, easement, or license for the	5472
construction, placement, or operation of such facility or pipeline	5473
in or on a transportation facility.	5474

(B) Except as otherwise provided in this section and section	5475
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,	5476
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,	5477
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit	5478
telephone and electric light and power companies from	5479
constructing, maintaining, and using telephone or electric light	5480
and power lines along and upon such roads or highways under	5481
section 4933.14 or other sections of the Revised Code, or to	5482
affect existing rights of any such companies, or to require such	5483
companies to obtain a permit from the director, except with	5484
respect to the location of poles, wires, conduits, and other	5485
equipment comprising lines on or beneath the surface of such road	5486
or highways.	5487

(C) This section does not prohibit steam or electric railroad	5488
companies from constructing tracks across such roads or highways,	5489
nor authorize the director to grant permission to any company	5490
owning, operating, controlling, or managing a steam railroad or	5491
interurban railway in this state to build a new line of railroad,	5492
or to change or alter the location of existing tracks across any	5493
road or highway on the state highway system at grade. No such	5494
company shall change the elevation of any of its tracks across	5495
such road or highway except in accordance with plans and	5496
specifications first approved by the director.	5497

(D) This section does not relieve any individual, firm, or	5498
corporation from the obligation of satisfying any claim or demand	5499
of an owner of lands abutting on such road or highway on the state	5500
highway system on account of placing in such road or highway a	5501
burden in addition to public travel.	5502

Sec. 5517.011. (A) Notwithstanding section 5517.01 or Chapter	5503
153. of the Revised Code, the director of transportation may	5504
establish ~~a program to~~programs that expedite the sale and	5505
construction of special projects ~~by combining~~. The programs may	5506
do the following:	5507

(1) Combine the design and construction elements of a ~~highway~~	5508
~~or bridge~~transportation facility project into a single contract.	5509
The director shall prepare and distribute a scope of work document	5510
upon which the bidders shall base their bids. ~~Except in regard to~~	5511
~~those requirements relating to providing plans, the director shall~~	5512
~~award contracts under this section in accordance with Chapter~~	5513
~~5525. of the Revised Code.~~	5514

~~Notwithstanding any provision of Chapter 5525. of the Revised~~	5515
~~Code, the~~The director may develop and use a value-based selection	5516
process, combining technical qualifications and competitive	5517
bidding elements, including consideration for minority or	5518
disadvantaged businesses that may include joint ventures, when	5519
letting special projects that contain both design and construction	5520
elements of a transportation facility project into a single	5521
contract.	5522

(2) Engage a construction manager during the design phase of	5523
a transportation facility project to provide constructability	5524
input including scheduling, pricing, and phasing, and utilize the	5525
same construction manager to construct the project. The director	5526
may execute separate contracts with the construction manager for	5527
constructability input and construction, and may include a	5528
guaranteed maximum price in the construction contract. The	5529
director may develop and use a value-based selection process,	5530
combining technical qualifications and competitive bidding	5531
elements, including consideration for minority or disadvantaged	5532
businesses that may include joint ventures, when letting special	5533
projects that utilize a construction manager for both	5534
constructability input and construction. The authority granted	5535
under division (A)(2) of this section shall be limited to one	5536
pilot project as determined by the director unless otherwise	5537
specified by law.	5538

(B) Except as provided in this section, the director shall	5539
award contracts in accordance with Chapter 5525. of the Revised	5540
Code.	5541

The total dollar value of contracts made under this section	5542
shall not exceed one billion dollars per fiscal year. The director	5543
may provide compensation for preparation of a responsive	5544
preliminary design concept to not more than two bidders who, after	5545
the successful bidder, submitted the next best bids. The director	5546
may establish policies or procedures necessary to determine the	5547
amount of compensation to be provided for each project and the	5548
method of evaluating the value of the preliminary design concept	5549
submitted, but in no instance may the compensation exceed the	5550
value of such concept.	5551

Sec. 5517.02. (A) Before undertaking the construction,	5552
reconstruction by widening or resurfacing, or improvement of a	5553
state highway, or a bridge or culvert thereon, or the installation	5554
of a traffic control signal on a state highway, the director of	5555
transportation, except as provided in section 5517.021 of the	5556
Revised Code, shall make an estimate of the cost of the work using	5557
the force account project assessment form developed by the auditor	5558
of state under section 117.16 of the Revised Code. In	5559
~~constructing, or reconstructing by widening or resurfacing,~~	5560
~~improving, maintaining, and repairing state highways, and the~~	5561
~~bridges and culverts thereon, and in installing, maintaining, and~~	5562
~~repairing traffic control signals on state highways, the director,~~	5563
~~except as provided in division (B) of this section, shall proceed~~	5564
~~by contract let to the lowest competent and responsible bidder,~~	5565
~~after advertisement as provided in section 5525.01 of the Revised~~	5566
~~Code~~When a force account project assessment form is required, the	5567
estimate shall include costs for subcontracted work and any	5568
competitively bid component costs.	5569

(B)(1) ~~Where the work contemplated is the construction of a~~	5570
~~bridge or culvert, or the installation of a traffic control~~	5571
~~signal, estimated to cost not more than fifty thousand dollars,~~	5572
~~the director may proceed by employing labor, purchasing materials,~~	5573
~~and furnishing equipment.~~	5574

~~(2) The~~After complying with division (A) of this section,	5575
the director may ~~also~~ proceed without competitive bidding with	5576
maintenance or repair work by employing labor, purchasing	5577
materials, and furnishing equipment, ~~provided~~if the total	5578
estimated cost of the completed operation, or series of connected	5579
operations, does not exceed ~~twenty-five~~the following, as adjusted	5580
under division (B)(2) of this section:	5581

(a) Thirty thousand dollars per centerline mile of highway,	5582
exclusive of structures and traffic control signals~~, or fifty~~;	5583

(b) Sixty thousand dollars for any single ~~structure or~~	5584
traffic control signal or any other single project.	5585

~~(3)~~(2) On the first day of July of every odd-numbered year	5586
beginning in 2015, the director shall increase the amounts	5587
established in division (B)(1) of this section by an amount not to	5588
exceed the lesser of three per cent, or the percentage amount of	5589
any increase in the department of transportation's construction	5590
cost index as annualized and totaled for the prior two calendar	5591
years. The director shall publish the applicable amounts on the	5592
department's internet web site.	5593

(C) The director may proceed by furnishing equipment,	5594
purchasing materials, and employing labor in the erection of	5595
temporary bridges or the making of temporary repairs to a highway	5596
or bridge rendered necessary by flood, landslide, or other	5597
extraordinary emergency. If the director determines inability to	5598
complete such emergency work by force account, the director may	5599
contract for any part of the work, with or without advertising for	5600
bids, as the director considers for the best interest of the	5601
department of transportation.	5602

(D) When a project proceeds by force account under this	5603
section or section 5517.021 of the Revised Code, the department of	5604
transportation shall perform the work in compliance with any	5605
project requirements and specifications that would have applied if	5606
a contract for the work had been let by competitive bidding. The	5607
department shall retain in the project record all records	5608
documenting materials testing compliance, materials placement	5609
compliance, actual personnel and equipment hours usage, and all	5610
other documentation that would have been required if a contract	5611
for the work had been let by competitive bidding.	5612

(E) The director shall proceed by competitive bidding to let	5613
work to the lowest competent and responsible bidder after	5614
advertisement as provided in section 5525.01 of the Revised Code	5615
in both of the following situations:	5616

(1) When the scope of work exceeds the limits established in	5617
section 5517.021 of the Revised Code;	5618

(2) When the estimated cost for a project, other than work	5619
described in section 5517.021 of the Revised Code, exceeds the	5620
amounts established in division (B) of this section, as adjusted.	5621

Sec. 5517.021. (A)(1) The director of transportation may	5622
proceed without competitive bidding by employing labor, purchasing	5623
materials, and furnishing equipment to do any of the following	5624
work:	5625

(a) Replace any single span bridge in its substantial	5626
entirety or widen any single span bridge, including necessary	5627
modifications to accommodate widening the existing substructure	5628
and wing walls. The director shall proceed under division	5629
(A)(1)(a) of this section only if the deck area of the new or	5630
widened bridge does not exceed seven hundred square feet as	5631
measured around the outside perimeter of the deck.	5632

(b) Replace the bearings, beams, and deck of any bridge on	5633
that bridge's existing foundation if the deck area of the	5634
rehabilitated structure does not exceed eight hundred square feet;	5635

(c) Construct or replace any single cell or multi-cell	5636
culvert whose total waterway opening does not exceed fifty-two	5637
square feet;	5638

(d) Pave or patch an asphalt surface if the operation does	5639
not exceed one hundred twenty tons of asphalt per lane-mile of	5640
roadway length, except that the department shall not perform a	5641
continuous resurfacing operation under this section if the cost of	5642
the work exceeds the amount established in division (B)(1)(a) of	5643
section 5517.02 of the Revised Code, as adjusted.	5644

(2) Work performed in accordance with division (A)(1) of this	5645
section may include approach roadway work, extending not more than	5646
one hundred fifty feet as measured from the back side of the	5647
bridge abutment wall or outside edge of the culvert, as	5648
applicable. The length of an approach guardrail shall be in	5649
accordance with department of transportation design requirements	5650
and shall not be included in the approach work size limitation.	5651

(B) The requirements of section 117.16 of the Revised Code	5652
shall not apply to work described in division (A) of this section	5653
and the work shall be exempt from audit for force account purposes	5654
except to determine compliance with the applicable size or tonnage	5655
restrictions.	5656

Sec. 5525.01. Before entering into a contract, the director	5657
of transportation shall advertise for bids for two consecutive	5658
weeks in one newspaper of general circulation published in the	5659
county in which the improvement or part thereof is located, but if	5660
there is no such newspaper then in one newspaper having general	5661
circulation in an adjacent county. In the alternative, the	5662
director may advertise for bids as provided in section 7.16 of the	5663
Revised Code. The director may advertise for bids in such other	5664
publications as the director considers advisable. Such notices	5665
shall state that plans and specifications for the improvement are	5666
on file in the office of the director and the district deputy	5667
director of the district in which the improvement or part thereof	5668
is located and the time within which bids therefor will be	5669
received.	5670

Each bidder shall be required to file with the bidder's bid a	5671
bid guaranty in the form of a certified check, a cashier's check,	5672
or an electronic funds transfer to the treasurer of state that is	5673
evidenced by a receipt or by a certification to the director of	5674
transportation in a form prescribed by the director that an	5675
electronic funds transfer has been made to the treasurer of state,	5676
for an amount equal to five per cent of the bidder's bid, but in	5677
no event more than fifty thousand dollars, or a bid bond for ten	5678
per cent of the bidder's bid, payable to the director, which	5679
check, transferred sum, or bond shall be forthwith returned to the	5680
bidder in case the contract is awarded to another bidder, or, in	5681
case of a successful bidder, when the bidder has entered into a	5682
contract and furnished the bonds required by section 5525.16 of	5683
the Revised Code. In the event the contract is awarded to a	5684
bidder, and the bidder fails or refuses to furnish the bonds as	5685
required by section 5525.16 of the Revised Code, the check,	5686
transferred sum, or bid bond filed with the bidder's bid shall be	5687
forfeited as liquidated damages. No bidder shall be required	5688
either to file a signed contract with the bidder's bid, to enter	5689
into a contract, or to furnish the contract performance bond and	5690
the payment bond required by that section until the bids have been	5691
opened and the bidder has been notified by the director that the	5692
bidder is awarded the contract.	5693

The director shall permit a bidder to withdraw the bidder's	5694
bid from consideration, without forfeiture of the check,	5695
transferred sum, or bid bond filed with the bid, providing a	5696
written request together with a sworn statement of the grounds for	5697
such withdrawal is delivered within forty-eight hours after the	5698
time established for the receipt of bids, and if the price bid was	5699
substantially lower than the other bids, providing the bid was	5700
submitted in good faith, and the reason for the price bid being	5701
substantially lower was a clerical mistake evident on the face of	5702
the bid, as opposed to a judgment mistake, and was actually due to	5703
an unintentional and substantial arithmetic error or an	5704
unintentional omission of a substantial quantity of work, labor,	5705
or material made directly in the compilation of the bid. In the	5706
event the director decides the conditions for withdrawal have not	5707
been met, the director may award the contract to such bidder. If	5708
such bidder does not then enter into a contract and furnish the	5709
contract bond as required by law, the director may declare	5710
forfeited the check, transferred sum, or bid bond as liquidated	5711
damages and award the contract to the next higher bidder or reject	5712
the remaining bids and readvertise the project for bids. Such	5713
bidder ~~may~~, within thirty days, may appeal the decision of the	5714
director to the court of common pleas of Franklin county and the	5715
court may affirm or reverse the decision of the director and may	5716
order the director to refund the amount of the forfeiture. At the	5717
hearing before the common pleas court evidence may be introduced	5718
for and against the decision of the director. The decision of the	5719
common pleas court may be appealed as in other cases.	5720

There is hereby created the ODOT letting fund, which shall be	5721
in the custody of the treasurer of state but shall not be part of	5722
the state treasury. All certified checks and cashiers' checks	5723
received with bidders' bids, and all sums transferred to the	5724
treasurer of state by electronic funds transfer in connection with	5725
bidders' bids, under this section shall be credited to the fund.	5726
All such bid guaranties shall be held in the fund until a	5727
determination is made as to the final disposition of the money. If	5728
the department determines that any such bid guaranty is no longer	5729
required to be held, the amount of the bid guaranty shall be	5730
returned to the appropriate bidder. If the department determines	5731
that a bid guaranty under this section shall be forfeited, the	5732
amount of the bid guaranty shall be transferred or, in the case of	5733
money paid on a forfeited bond, deposited into the state treasury,	5734
to the credit of the highway operating fund. Any investment	5735
earnings of the ODOT letting fund shall be distributed as the	5736
treasurer of state considers appropriate.	5737

The director shall require all bidders to furnish the	5738
director, upon such forms as the director may prescribe, detailed	5739
information with respect to all pending work of the bidder,	5740
whether with the department of transportation or otherwise,	5741
together with such other information as the director considers	5742
necessary.	5743

In the event a bidder fails to submit anything required to be	5744
submitted with the bid and then fails or refuses to so submit such	5745
at the request of the director, the failure or refusal constitutes	5746
grounds for the director, in the director's discretion, to declare	5747
as forfeited the bid guaranty submitted with the bid.	5748

The director may reject any or all bids. Except in regard to	5749
contracts for environmental remediation and specialty work for	5750
which there are no classes of work set out in the rules adopted by	5751
the director, if the director awards the contract, the director	5752
shall award it to the lowest competent and responsible bidder as	5753
defined by rules adopted by the director under section 5525.05 of	5754
the Revised Code, who is qualified to bid under sections 5525.02	5755
to 5525.09 of the Revised Code. In regard to contracts for	5756
environmental remediation and specialty work for which there are	5757
no classes of work set out in the rules adopted by the director,	5758
the director shall competitively bid the projects in accordance	5759
with this chapter and shall award the contracts to the lowest and	5760
best bidder.	5761

The award for all projects competitively let by the director	5762
under this section shall be made within ten days after the date on	5763
which the bids are opened, and the successful bidder shall enter	5764
into a contract and furnish a contract performance bond and a	5765
payment bond, as provided for in section 5525.16 of the Revised	5766
Code, within ten days after the bidder is notified that the bidder	5767
has been awarded the contract.	5768

The director may insert in any contract awarded under this	5769
chapter a clause providing for value engineering change proposals,	5770
under which a contractor who has been awarded a contract may	5771
propose a change in the plans and specifications of the project	5772
that saves the department time or money on the project without	5773
impairing any of the essential functions and characteristics of	5774
the project such as service life, reliability, economy of	5775
operation, ease of maintenance, safety, and necessary standardized	5776
features. If the director adopts the value engineering proposal,	5777
the savings from the proposal shall be divided between the	5778
department and the contractor according to guidelines established	5779
by the director, provided that the contractor shall receive at	5780
least fifty per cent of the savings from the proposal. The	5781
adoption of a value engineering proposal does not invalidate the	5782
award of the contract or require the director to rebid the	5783
project.	5784

Sec. 5525.16. (A) Before entering into a contract, the	5785
director of transportation shall require a contract performance	5786
bond and a payment bond with sufficient sureties, as follows:	5787

(1) A contract performance bond in an amount equal to one	5788
hundred per cent of the ~~estimated cost of the work~~contract	5789
amount, conditioned, among other things, that the contractor will	5790
perform the work upon the terms proposed, within the time	5791
prescribed, and in accordance with the plans and specifications,	5792
will indemnify the state against any damage that may result from	5793
any failure of the contractor to so perform, and, further, in case	5794
of a grade separation will indemnify any railroad company involved	5795
against any damage that may result by reason of the negligence of	5796
the contractor in making the improvement.	5797

(2) A payment bond in an amount equal to one hundred per cent	5798
of the ~~estimated cost of the work~~contract amount, conditioned for	5799
the payment by the contractor and all subcontractors for labor or	5800
work performed or materials furnished in connection with the work,	5801
improvement, or project involved.	5802

(B) In no case is the state liable for damages sustained in	5803
the construction of any work, improvement, or project under this	5804
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516.,	5805
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and	5806
5535. of the Revised Code.	5807

This section does not require the director to take bonds as	5808
described in division (A) of this section in connection with any	5809
force account work, but the director may require those bonds in	5810
connection with force account work.	5811

If any bonds taken under this section are executed by a	5812
surety company, the director may not approve such bonds unless	5813
there is attached a certificate of the superintendent of insurance	5814
that the company is authorized to transact business in this state,	5815
and a copy of the power of attorney of the agent of the company.	5816
The superintendent, upon request, shall issue to any licensed	5817
agent of such company the certificate without charge.	5818

The bonds required to be taken under this section shall be	5819
executed by the same surety, approved by the director as to	5820
sufficiency of the sureties, and be in the form prescribed by the	5821
attorney general.	5822

(C) Any person to whom any money is due for labor or work	5823
performed or materials furnished in connection with a work,	5824
improvement, or project, at any time after performing the labor or	5825
furnishing the materials but not later than ninety days after the	5826
acceptance of the work, improvement, or project by the director,	5827
may furnish to the sureties on the payment bond a statement of the	5828
amount due the person. If the indebtedness is not paid in full at	5829
the expiration of sixty days after the statement is furnished, the	5830
person may commence an action in the person's own name upon the	5831
bond as provided in sections 2307.06 and 2307.07 of the Revised	5832
Code.	5833

An action shall not be commenced against the sureties on a	5834
payment bond until sixty days after the furnishing of the	5835
statement described in this section or, notwithstanding section	5836
2305.12 of the Revised Code, later than one year after the date of	5837
the acceptance of the work, improvement, or project.	5838

(D) As used in this section, "improvement," "subcontractor,"	5839
"material supplier," and "materials" have the same meanings as in	5840
section 1311.01 of the Revised Code, and "contractor" has the same	5841
meaning as "original contractor" as defined in that section.	5842

Sec. 5751.02. (A) For the purpose of funding the needs of	5843
this state and its local governments ~~beginning with the tax period~~	5844
~~that commences July 1, 2005, and continuing for every tax period~~	5845
~~thereafter~~and providing revenue to the commercial activity tax	5846
motor fuel receipts fund, there is hereby levied a commercial	5847
activity tax on each person with taxable gross receipts for the	5848
privilege of doing business in this state. For the purposes of	5849
this chapter, "doing business" means engaging in any activity,	5850
whether legal or illegal, that is conducted for, or results in,	5851
gain, profit, or income, at any time during ~~the~~a calendar year.	5852
Persons on which the commercial activity tax is levied include,	5853
but are not limited to, persons with substantial nexus with this	5854
state. The tax imposed under this section is not a transactional	5855
tax and is not subject to Public Law No. 86-272, 73 Stat. 555. The	5856
tax imposed under this section is in addition to any other taxes	5857
or fees imposed under the Revised Code. The tax levied under this	5858
section is imposed on the person receiving the gross receipts and	5859
is not a tax imposed directly on a purchaser. The tax imposed by	5860
this section is an annual privilege tax for the calendar year	5861
that, in the case of calendar year taxpayers, is the annual tax	5862
period and, in the case of calendar quarter taxpayers, contains	5863
all quarterly tax periods in the calendar year. A taxpayer is	5864
subject to the annual privilege tax for doing business during any	5865
portion of such calendar year.	5866

(B) The tax imposed by this section is a tax on the taxpayer	5867
and shall not be billed or invoiced to another person. Even if the	5868
tax or any portion thereof is billed or invoiced and separately	5869
stated, such amounts remain part of the price for purposes of the	5870
sales and use taxes levied under Chapters 5739. and 5741. of the	5871
Revised Code. Nothing in division (B) of this section prohibits:	5872

(1) A person from including in the price charged for a good	5873
or service an amount sufficient to recover the tax imposed by this	5874
section; or	5875

(2) A lessor from including an amount sufficient to recover	5876
the tax imposed by this section in a lease payment charged, or	5877
from including such an amount on a billing or invoice pursuant to	5878
the terms of a written lease agreement providing for the recovery	5879
of the lessor's tax costs. The recovery of such costs shall be	5880
based on an estimate of the total tax cost of the lessor during	5881
the tax period, as the tax liability of the lessor cannot be	5882
calculated until the end of that period.	5883

Sec. 5751.051. (A)(1) Not later than the tenth day of the	5884
second month after the end of each calendar quarter, every	5885
taxpayer other than a calendar year taxpayer shall file with the	5886
tax commissioner a tax return in such form as the commissioner	5887
prescribes. The return shall include, but is not limited to, the	5888
amount of the taxpayer's taxable gross receipts for the calendar	5889
quarter and shall indicate the amount of tax due under section	5890
5751.03 of the Revised Code for the calendar quarter. The taxpayer	5891
shall indicate on the return the portion of the taxpayer's	5892
receipts attributable to motor fuel used for propelling vehicles	5893
on public highways.	5894

(2)(a) Subject to division (C) of section 5751.05 of the	5895
Revised Code, a calendar quarter taxpayer shall report the taxable	5896
gross receipts for that calendar quarter.	5897

(b) With respect to taxable gross receipts incorrectly	5898
reported in a calendar quarter that has a lower tax rate, the tax	5899
shall be computed at the tax rate in effect for the quarterly	5900
return in which such receipts should have been reported. Nothing	5901
in division (A)(2)(b) of this section prohibits a taxpayer from	5902
filing an application for refund under section 5751.08 of the	5903
Revised Code with regard to the incorrect reporting of taxable	5904
gross receipts discovered after filing the annual return described	5905
in division (A)(3) of this section.	5906

A tax return shall not be deemed to be an incorrect reporting	5907
of taxable gross receipts for the purposes of division (A)(2)(b)	5908
of this section if the return reflects between ninety-five and one	5909
hundred five per cent of the actual taxable gross receipts for the	5910
calendar quarter.	5911

(3) For the purposes of division (A)(2)(b) of this section,	5912
the tax return filed for the fourth calendar quarter of a calendar	5913
year is the annual return for the privilege tax imposed by this	5914
chapter. Such return shall report any additional taxable gross	5915
receipts not previously reported in the calendar year and shall	5916
adjust for any over-reported taxable gross receipts in the	5917
calendar year. If the taxpayer ceases to be a taxpayer before the	5918
end of the calendar year, the last return the taxpayer is required	5919
to file shall be the annual return for the taxpayer and the	5920
taxpayer shall report any additional taxable gross receipts not	5921
previously reported in the calendar year and shall adjust for any	5922
over-reported taxable gross receipts in the calendar year.	5923
Taxpayers reporting taxable gross receipts attributable to motor	5924
fuel used for propelling vehicles on public highways shall report	5925
the actual amount of such receipts and pay the full amount of tax	5926
due on those receipts with each calendar quarter tax return and	5927
shall not pay such tax based on estimates of such receipts or	5928
otherwise fail to report such receipts.	5929

(4) Because the tax imposed by this chapter is a privilege	5930
tax, the tax rate with respect to taxable gross receipts for a	5931
calendar quarter is not fixed until the end of the measurement	5932
period for each calendar quarter. Subject to division (A)(2)(b) of	5933
this section, the total amount of taxable gross receipts reported	5934
for a given calendar quarter shall be subject to the tax rate in	5935
effect in that quarter.	5936

(5) Not later than the tenth day of May following the end of	5937
each calendar year, every calendar year taxpayer shall file with	5938
the tax commissioner a tax return in such form as the commissioner	5939
prescribes. The return shall include, but is not limited to, the	5940
amount of the taxpayer's taxable gross receipts for the calendar	5941
year and shall indicate the amount of tax due under section	5942
5751.03 of the Revised Code for the calendar year. The taxpayer	5943
shall indicate on the return the portion of the taxpayer's	5944
receipts attributable to motor fuel used for propelling vehicles	5945
on public highways.	5946

(B)(1) A person that first becomes subject to the tax imposed	5947
under this chapter shall pay the minimum tax imposed under	5948
division (B) of section 5751.03 of the Revised Code on or before	5949
the day the return is required to be filed for that quarter under	5950
division (A)(1) of this section, regardless of whether the person	5951
registers as a calendar year taxpayer under section 5751.05 of the	5952
Revised Code.	5953

(2) The amount of the minimum tax for a person subject to	5954
division (B)(1) of this section shall be reduced to seventy-five	5955
dollars if the registration is timely filed after the first day of	5956
May and before the first day of January of the following calendar	5957
year.	5958

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	5959
the Revised Code:	5960

(1) "School district," "joint vocational school district,"	5961
"local taxing unit," "recognized valuation," "fixed-rate levy,"	5962
and "fixed-sum levy" have the same meanings as used in section	5963
5727.84 of the Revised Code.	5964

(2) "State education aid" for a school district means the	5965
following:	5966

(a) For fiscal years prior to fiscal year 2010, the sum of	5967
state aid amounts computed for the district under the following	5968
provisions, as they existed for the applicable fiscal year:	5969
division (A) of section 3317.022 of the Revised Code, including	5970
the amounts calculated under sections 3317.029 and 3317.0217 of	5971
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	5972
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	5973
divisions (L) and (N) of section 3317.024; section 3317.0216; and	5974
any unit payments for gifted student services paid under sections	5975
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	5976
for fiscal years 2008 and 2009, the amount computed for the	5977
district under Section 269.20.80 of H.B. 119 of the 127th general	5978
assembly and as that section subsequently may be amended shall be	5979
substituted for the amount computed under division (D) of section	5980
3317.022 of the Revised Code, and the amount computed under	5981
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	5982
that section subsequently may be amended shall be included.	5983

(b) For fiscal years 2010 and 2011, the sum of the amounts	5984
computed under former sections 3306.052, 3306.12, 3306.13,	5985
3306.19, 3306.191, and 3306.192 of the Revised Code;	5986

(c) For fiscal years 2012 and 2013, the sum of the amounts	5987
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	5988
153 of the 129th general assembly.	5989

(3) "State education aid" for a joint vocational school	5990
district means the following:	5991

(a) For fiscal years prior to fiscal year 2010, the sum of	5992
the state aid computed for the district under division (N) of	5993
section 3317.024 and section 3317.16 of the Revised Code, except	5994
that, for fiscal years 2008 and 2009, the amount computed under	5995
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	5996
that section subsequently may be amended shall be included.	5997

(b) For fiscal years 2010 and 2011, the amount paid in	5998
accordance with Section 265.30.50 of H.B. 1 of the 128th general	5999
assembly.	6000

(c) For fiscal years 2012 and 2013, the amount paid in	6001
accordance with Section 267.30.60 of H.B. 153 of the 129th general	6002
assembly.	6003

(4) "State education aid offset" means the amount determined	6004
for each school district or joint vocational school district under	6005
division (A)(1) of section 5751.21 of the Revised Code.	6006

(5) "Machinery and equipment property tax value loss" means	6007
the amount determined under division (C)(1) of this section.	6008

(6) "Inventory property tax value loss" means the amount	6009
determined under division (C)(2) of this section.	6010

(7) "Furniture and fixtures property tax value loss" means	6011
the amount determined under division (C)(3) of this section.	6012

(8) "Machinery and equipment fixed-rate levy loss" means the	6013
amount determined under division (D)(1) of this section.	6014

(9) "Inventory fixed-rate levy loss" means the amount	6015
determined under division (D)(2) of this section.	6016

(10) "Furniture and fixtures fixed-rate levy loss" means the	6017
amount determined under division (D)(3) of this section.	6018

(11) "Total fixed-rate levy loss" means the sum of the	6019
machinery and equipment fixed-rate levy loss, the inventory	6020
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	6021
loss, and the telephone company fixed-rate levy loss.	6022

(12) "Fixed-sum levy loss" means the amount determined under	6023
division (E) of this section.	6024

(13) "Machinery and equipment" means personal property	6025
subject to the assessment rate specified in division (F) of	6026
section 5711.22 of the Revised Code.	6027

(14) "Inventory" means personal property subject to the	6028
assessment rate specified in division (E) of section 5711.22 of	6029
the Revised Code.	6030

(15) "Furniture and fixtures" means personal property subject	6031
to the assessment rate specified in division (G) of section	6032
5711.22 of the Revised Code.	6033

(16) "Qualifying levies" are levies in effect for tax year	6034
2004 or applicable to tax year 2005 or approved at an election	6035
conducted before September 1, 2005. For the purpose of determining	6036
the rate of a qualifying levy authorized by section 5705.212 or	6037
5705.213 of the Revised Code, the rate shall be the rate that	6038
would be in effect for tax year 2010.	6039

(17) "Telephone property" means tangible personal property of	6040
a telephone, telegraph, or interexchange telecommunications	6041
company subject to an assessment rate specified in section	6042
5727.111 of the Revised Code in tax year 2004.	6043

(18) "Telephone property tax value loss" means the amount	6044
determined under division (C)(4) of this section.	6045

(19) "Telephone property fixed-rate levy loss" means the	6046
amount determined under division (D)(4) of this section.	6047

(20) "Taxes charged and payable" means taxes charged and	6048
payable after the reduction required by section 319.301 of the	6049
Revised Code but before the reductions required by sections	6050
319.302 and 323.152 of the Revised Code.	6051

(21) "Median estate tax collections" means, in the case of a	6052
municipal corporation to which revenue from the taxes levied in	6053
Chapter 5731. of the Revised Code was distributed in each of	6054
calendar years 2006, 2007, 2008, and 2009, the median of those	6055
distributions. In the case of a municipal corporation to which no	6056
distributions were made in one or more of those years, "median	6057
estate tax collections" means zero.	6058

(22) "Total resources," in the case of a school district,	6059
means the sum of the amounts in divisions (A)(22)(a) to (h) of	6060
this section less any reduction required under division (A)(32) or	6061
(33) of this section.	6062

(a) The state education aid for fiscal year 2010;

6063

(b) The sum of the payments received by the school district	6064
in fiscal year 2010 for current expense levy losses pursuant to	6065
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	6066
section 5751.21 of the Revised Code, excluding the portion of such	6067
payments attributable to levies for joint vocational school	6068
district purposes;	6069

(c) The sum of fixed-sum levy loss payments received by the	6070
school district in fiscal year 2010 pursuant to division (E)(1) of	6071
section 5727.85 and division (E)(1) of section 5751.21 of the	6072
Revised Code for fixed-sum levies charged and payable for a	6073
purpose other than paying debt charges;	6074

(d) Fifty per cent of the school district's taxes charged and	6075
payable against all property on the tax list of real and public	6076
utility property for current expense purposes for tax year 2008,	6077
including taxes charged and payable from emergency levies charged	6078
and payable under section 5709.194 of the Revised Code and	6079
excluding taxes levied for joint vocational school district	6080
purposes;	6081

(e) Fifty per cent of the school district's taxes charged and	6082
payable against all property on the tax list of real and public	6083
utility property for current expenses for tax year 2009, including	6084
taxes charged and payable from emergency levies and excluding	6085
taxes levied for joint vocational school district purposes;	6086

(f) The school district's taxes charged and payable against	6087
all property on the general tax list of personal property for	6088
current expenses for tax year 2009, including taxes charged and	6089
payable from emergency levies;	6090

(g) The amount certified for fiscal year 2010 under division	6091
(A)(2) of section 3317.08 of the Revised Code;	6092

(h) Distributions received during calendar year 2009 from	6093
taxes levied under section 718.09 of the Revised Code.	6094

(23) "Total resources," in the case of a joint vocational	6095
school district, means the sum of amounts in divisions (A)(23)(a)	6096
to (g) of this section less any reduction required under division	6097
(A)(32) of this section.	6098

(a) The state education aid for fiscal year 2010;

6099

(b) The sum of the payments received by the joint vocational	6100
school district in fiscal year 2010 for current expense levy	6101
losses pursuant to division (C)(2) of section 5727.85 and	6102
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	6103

(c) Fifty per cent of the joint vocational school district's	6104
taxes charged and payable against all property on the tax list of	6105
real and public utility property for current expense purposes for	6106
tax year 2008;	6107

(d) Fifty per cent of the joint vocational school district's	6108
taxes charged and payable against all property on the tax list of	6109
real and public utility property for current expenses for tax year	6110
2009;	6111

(e) Fifty per cent of a city, local, or exempted village	6112
school district's taxes charged and payable against all property	6113
on the tax list of real and public utility property for current	6114
expenses of the joint vocational school district for tax year	6115
2008;	6116

(f) Fifty per cent of a city, local, or exempted village	6117
school district's taxes charged and payable against all property	6118
on the tax list of real and public utility property for current	6119
expenses of the joint vocational school district for tax year	6120
2009;	6121

(g) The joint vocational school district's taxes charged and	6122
payable against all property on the general tax list of personal	6123
property for current expenses for tax year 2009.	6124

(24) "Total resources," in the case of county mental health	6125
and disability related functions, means the sum of the amounts in	6126
divisions (A)(24)(a) and (b) of this section less any reduction	6127
required under division (A)(32) of this section.	6128

(a) The sum of the payments received by the county for mental	6129
health and developmental disability related functions in calendar	6130
year 2010 under division (A)(1) of section 5727.86 and divisions	6131
(A)(1) and (2) of section 5751.22 of the Revised Code as they	6132
existed at that time;	6133

(b) With respect to taxes levied by the county for mental	6134
health and developmental disability related purposes, the taxes	6135
charged and payable for such purposes against all property on the	6136
tax list of real and public utility property for tax year 2009.	6137

(25) "Total resources," in the case of county senior services	6138
related functions, means the sum of the amounts in divisions	6139
(A)(25)(a) and (b) of this section less any reduction required	6140
under division (A)(32) of this section.	6141

(a) The sum of the payments received by the county for senior	6142
services related functions in calendar year 2010 under division	6143
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	6144
5751.22 of the Revised Code as they existed at that time;	6145

(b) With respect to taxes levied by the county for senior	6146
services related purposes, the taxes charged and payable for such	6147
purposes against all property on the tax list of real and public	6148
utility property for tax year 2009.	6149

(26) "Total resources," in the case of county children's	6150
services related functions, means the sum of the amounts in	6151
divisions (A)(26)(a) and (b) of this section less any reduction	6152
required under division (A)(32) of this section.	6153

(a) The sum of the payments received by the county for	6154
children's services related functions in calendar year 2010 under	6155
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	6156
section 5751.22 of the Revised Code as they existed at that time;	6157

(b) With respect to taxes levied by the county for children's	6158
services related purposes, the taxes charged and payable for such	6159
purposes against all property on the tax list of real and public	6160
utility property for tax year 2009.	6161

(27) "Total resources," in the case of county public health	6162
related functions, means the sum of the amounts in divisions	6163
(A)(27)(a) and (b) of this section less any reduction required	6164
under division (A)(32) of this section.	6165

(a) The sum of the payments received by the county for public	6166
health related functions in calendar year 2010 under division	6167
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	6168
5751.22 of the Revised Code as they existed at that time;	6169

(b) With respect to taxes levied by the county for public	6170
health related purposes, the taxes charged and payable for such	6171
purposes against all property on the tax list of real and public	6172
utility property for tax year 2009.	6173

(28) "Total resources," in the case of all county functions	6174
not included in divisions (A)(24) to (27) of this section, means	6175
the sum of the amounts in divisions (A)(28)(a) to (d) of this	6176
section less any reduction required under division (A)(32) or (33)	6177
of this section.	6178

(a) The sum of the payments received by the county for all	6179
other purposes in calendar year 2010 under division (A)(1) of	6180
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	6181
the Revised Code as they existed at that time;	6182

(b) The county's percentage share of county undivided local	6183
government fund allocations as certified to the tax commissioner	6184
for calendar year 2010 by the county auditor under division (J) of	6185
section 5747.51 of the Revised Code or division (F) of section	6186
5747.53 of the Revised Code multiplied by the total amount	6187
actually distributed in calendar year 2010 from the county	6188
undivided local government fund;	6189

(c) With respect to taxes levied by the county for all other	6190
purposes, the taxes charged and payable for such purposes against	6191
all property on the tax list of real and public utility property	6192
for tax year 2009, excluding taxes charged and payable for the	6193
purpose of paying debt charges;	6194

(d) The sum of the amounts distributed to the county in	6195
calendar year 2010 for the taxes levied pursuant to sections	6196
5739.021 and 5741.021 of the Revised Code.	6197

(29) "Total resources," in the case of a municipal	6198
corporation, means the sum of the amounts in divisions (A)(29)(a)	6199
to (g) of this section less any reduction required under division	6200
(A)(32) or (33) of this section.	6201

(a) The sum of the payments received by the municipal	6202
corporation in calendar year 2010 for current expense levy losses	6203
under division (A)(1) of section 5727.86 and divisions (A)(1) and	6204
(2) of section 5751.22 of the Revised Code as they existed at that	6205
time;	6206

(b) The municipal corporation's percentage share of county	6207
undivided local government fund allocations as certified to the	6208
tax commissioner for calendar year 2010 by the county auditor	6209
under division (J) of section 5747.51 of the Revised Code or	6210
division (F) of section 5747.53 of the Revised Code multiplied by	6211
the total amount actually distributed in calendar year 2010 from	6212
the county undivided local government fund;	6213

(c) The sum of the amounts distributed to the municipal	6214
corporation in calendar year 2010 pursuant to section 5747.50 of	6215
the Revised Code;	6216

(d) With respect to taxes levied by the municipal	6217
corporation, the taxes charged and payable against all property on	6218
the tax list of real and public utility property for current	6219
expenses, defined in division (A)(35) of this section, for tax	6220
year 2009;	6221

(e) The amount of admissions tax collected by the municipal	6222
corporation in calendar year 2008, or if such information has not	6223
yet been reported to the tax commissioner, in the most recent year	6224
before 2008 for which the municipal corporation has reported data	6225
to the commissioner;	6226

(f) The amount of income taxes collected by the municipal	6227
corporation in calendar year 2008, or if such information has not	6228
yet been reported to the tax commissioner, in the most recent year	6229
before 2008 for which the municipal corporation has reported data	6230
to the commissioner;	6231

(g) The municipal corporation's median estate tax	6232
collections.	6233

(30) "Total resources," in the case of a township, means the	6234
sum of the amounts in divisions (A)(30)(a) to (c) of this section	6235
less any reduction required under division (A)(32) or (33) of this	6236
section.	6237

(a) The sum of the payments received by the township in	6238
calendar year 2010 pursuant to division (A)(1) of section 5727.86	6239
of the Revised Code and divisions (A)(1) and (2) of section	6240
5751.22 of the Revised Code as they existed at that time,	6241
excluding payments received for debt purposes;	6242

(b) The township's percentage share of county undivided local	6243
government fund allocations as certified to the tax commissioner	6244
for calendar year 2010 by the county auditor under division (J) of	6245
section 5747.51 of the Revised Code or division (F) of section	6246
5747.53 of the Revised Code multiplied by the total amount	6247
actually distributed in calendar year 2010 from the county	6248
undivided local government fund;	6249

(c) With respect to taxes levied by the township, the taxes	6250
charged and payable against all property on the tax list of real	6251
and public utility property for tax year 2009 excluding taxes	6252
charged and payable for the purpose of paying debt charges.	6253

(31) "Total resources," in the case of a local taxing unit	6254
that is not a county, municipal corporation, or township, means	6255
the sum of the amounts in divisions (A)(31)(a) to (e) of this	6256
section less any reduction required under division (A)(32) of this	6257
section.	6258

(a) The sum of the payments received by the local taxing unit	6259
in calendar year 2010 pursuant to division (A)(1) of section	6260
5727.86 of the Revised Code and divisions (A)(1) and (2) of	6261
section 5751.22 of the Revised Code as they existed at that time;	6262

(b) The local taxing unit's percentage share of county	6263
undivided local government fund allocations as certified to the	6264
tax commissioner for calendar year 2010 by the county auditor	6265
under division (J) of section 5747.51 of the Revised Code or	6266
division (F) of section 5747.53 of the Revised Code multiplied by	6267
the total amount actually distributed in calendar year 2010 from	6268
the county undivided local government fund;	6269

(c) With respect to taxes levied by the local taxing unit,	6270
the taxes charged and payable against all property on the tax list	6271
of real and public utility property for tax year 2009 excluding	6272
taxes charged and payable for the purpose of paying debt charges;	6273

(d) The amount received from the tax commissioner during	6274
calendar year 2010 for sales or use taxes authorized under	6275
sections 5739.023 and 5741.022 of the Revised Code;	6276

(e) For institutions of higher education receiving tax	6277
revenue from a local levy, as identified in section 3358.02 of the	6278
Revised Code, the final state share of instruction allocation for	6279
fiscal year 2010 as calculated by the board of regents and	6280
reported to the state controlling board.	6281

(32) If a fixed-rate levy that is a qualifying levy is not	6282
charged and payable in any year after tax year 2010, "total	6283
resources" used to compute payments to be made under division	6284
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	6285
5751.22 of the Revised Code in the tax years following the last	6286
year the levy is charged and payable shall be reduced to the	6287
extent that the payments are attributable to the fixed-rate levy	6288
loss of that levy as would be computed under division (C)(2) of	6289
section 5727.85, division (A)(1) of section 5727.85, divisions	6290
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	6291
5751.22 of the Revised Code.	6292

(33) In the case of a county, municipal corporation, school	6293
district, or township with fixed-rate levy losses attributable to	6294
a tax levied under section 5705.23 of the Revised Code, "total	6295
resources" used to compute payments to be made under division	6296
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	6297
division (C)(12) of section 5751.21, or division (A)(1)(c) of	6298
section 5751.22 of the Revised Code shall be reduced by the	6299
amounts described in divisions (A)(34)(a) to (c) of this section	6300
to the extent that those amounts were included in calculating the	6301
"total resources" of the school district or local taxing unit	6302
under division (A)(22), (28), (29), or (30) of this section.	6303

(34) "Total library resources," in the case of a county,	6304
municipal corporation, school district, or township public library	6305
that receives the proceeds of a tax levied under section 5705.23	6306
of the Revised Code, means the sum of the amounts in divisions	6307
(A)(34)(a) to (c) of this section less any reduction required	6308
under division (A)(32) of this section.	6309

(a) The sum of the payments received by the county, municipal	6310
corporation, school district, or township public library in	6311
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	6312
Revised Code, as they existed at that time, for fixed-rate levy	6313
losses attributable to a tax levied under section 5705.23 of the	6314
Revised Code for the benefit of the public library;	6315

(b) The public library's percentage share of county undivided	6316
local government fund allocations as certified to the tax	6317
commissioner for calendar year 2010 by the county auditor under	6318
division (J) of section 5747.51 of the Revised Code or division	6319
(F) of section 5747.53 of the Revised Code multiplied by the total	6320
amount actually distributed in calendar year 2010 from the county	6321
undivided local government fund;	6322

(c) With respect to a tax levied pursuant to section 5705.23	6323
of the Revised Code for the benefit of the public library, the	6324
amount of such tax that is charged and payable against all	6325
property on the tax list of real and public utility property for	6326
tax year 2009 excluding any tax that is charged and payable for	6327
the purpose of paying debt charges.	6328

(35) "Municipal current expense property tax levies" means	6329
all property tax levies of a municipality, except those with the	6330
following levy names: airport resurfacing; bond or any levy name	6331
including the word "bond"; capital improvement or any levy name	6332
including the word "capital"; debt or any levy name including the	6333
word "debt"; equipment or any levy name including the word	6334
"equipment," unless the levy is for combined operating and	6335
equipment; employee termination fund; fire pension or any levy	6336
containing the word "pension," including police pensions;	6337
fireman's fund or any practically similar name; sinking fund; road	6338
improvements or any levy containing the word "road"; fire truck or	6339
apparatus; flood or any levy containing the word "flood";	6340
conservancy district; county health; note retirement; sewage, or	6341
any levy containing the words "sewage" or "sewer"; park	6342
improvement; parkland acquisition; storm drain; street or any levy	6343
name containing the word "street"; lighting, or any levy name	6344
containing the word "lighting"; and water.	6345

(36) "Current expense TPP allocation" means, in the case of a	6346
school district or joint vocational school district, the sum of	6347
the payments received by the school district in fiscal year 2011	6348
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	6349
Revised Code to the extent paid for current expense levies. In the	6350
case of a municipal corporation, "current expense TPP allocation"	6351
means the sum of the payments received by the municipal	6352
corporation in calendar year 2010 pursuant to divisions (A)(1) and	6353
(2) of section 5751.22 of the Revised Code to the extent paid for	6354
municipal current expense property tax levies as defined in	6355
division (A)(35) of this section, excluding any such payments	6356
received for current expense levy losses attributable to a tax	6357
levied under section 5705.23 of the Revised Code. If a fixed-rate	6358
levy that is a qualifying levy is not charged and payable in any	6359
year after tax year 2010, "current expense TPP allocation" used to	6360
compute payments to be made under division (C)(12) of section	6361
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	6362
Revised Code in the tax years following the last year the levy is	6363
charged and payable shall be reduced to the extent that the	6364
payments are attributable to the fixed-rate levy loss of that levy	6365
as would be computed under divisions (C)(10) and (11) of section	6366
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	6367

(37) "TPP allocation" means the sum of payments received by a	6368
local taxing unit in calendar year 2010 pursuant to divisions	6369
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	6370
any such payments received for fixed-rate levy losses attributable	6371
to a tax levied under section 5705.23 of the Revised Code. If a	6372
fixed-rate levy that is a qualifying levy is not charged and	6373
payable in any year after tax year 2010, "TPP allocation" used to	6374
compute payments to be made under division (A)(1)(b) or (c) of	6375
section 5751.22 of the Revised Code in the tax years following the	6376
last year the levy is charged and payable shall be reduced to the	6377
extent that the payments are attributable to the fixed-rate levy	6378
loss of that levy as would be computed under division (A)(1) of	6379
that section.	6380

(38) "Total TPP allocation" means, in the case of a school	6381
district or joint vocational school district, the sum of the	6382
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	6383
and (11) and (D) of section 5751.21 of the Revised Code. In the	6384
case of a local taxing unit, "total TPP allocation" means the sum	6385
of payments received by the unit in calendar year 2010 pursuant to	6386
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	6387
Code. If a fixed-rate levy that is a qualifying levy is not	6388
charged and payable in any year after tax year 2010, "total TPP	6389
allocation" used to compute payments to be made under division	6390
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	6391
5751.22 of the Revised Code in the tax years following the last	6392
year the levy is charged and payable shall be reduced to the	6393
extent that the payments are attributable to the fixed-rate levy	6394
loss of that levy as would be computed under divisions (C)(10) and	6395
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	6396
the Revised Code.	6397

(39) "Non-current expense TPP allocation" means the	6398
difference of total TPP allocation minus the sum of current	6399
expense TPP allocation and the portion of total TPP allocation	6400
constituting reimbursement for debt levies, pursuant to division	6401
(D) of section 5751.21 of the Revised Code in the case of a school	6402
district or joint vocational school district and pursuant to	6403
division (A)(3) of section 5751.22 of the Revised Code in the case	6404
of a municipal corporation.	6405

(40) "TPP allocation for library purposes" means the sum of	6406
payments received by a county, municipal corporation, school	6407
district, or township public library in calendar year 2010	6408
pursuant to section 5751.22 of the Revised Code for fixed-rate	6409
levy losses attributable to a tax levied under section 5705.23 of	6410
the Revised Code. If a fixed-rate levy authorized under section	6411
5705.23 of the Revised Code that is a qualifying levy is not	6412
charged and payable in any year after tax year 2010, "TPP	6413
allocation for library purposes" used to compute payments to be	6414
made under division (A)(1)(d) of section 5751.22 of the Revised	6415
Code in the tax years following the last year the levy is charged	6416
and payable shall be reduced to the extent that the payments are	6417
attributable to the fixed-rate levy loss of that levy as would be	6418
computed under division (A)(1) of section 5751.22 of the Revised	6419
Code.	6420

(41) "Threshold per cent" means, in the case of a school	6421
district or joint vocational school district, two per cent for	6422
fiscal year 2012 and four per cent for fiscal years 2013 and	6423
thereafter. In the case of a local taxing unit or public library	6424
that receives the proceeds of a tax levied under section 5705.23	6425
of the Revised Code, "threshold per cent" means two per cent for	6426
tax year 2011, four per cent for tax year 2012, and six per cent	6427
for tax years 2013 and thereafter.	6428

(B)(1) The commercial activities tax receipts fund is hereby	6429
created in the state treasury and shall consist of money arising	6430
from the tax imposed under this chapter. Eighty-five	6431
one-hundredths of one per cent of the money credited to that fund	6432
shall be credited to the revenue enhancement fund and shall be	6433
used to defray the costs incurred by the department of taxation in	6434
administering the tax imposed by this chapter and in implementing	6435
tax reform measures. The remainder of the money in the commercial	6436
activities tax receipts fund shall first be credited ~~for each~~	6437
~~fiscal year~~to the commercial activity tax motor fuel receipts	6438
fund, which is hereby created in the state treasury, pursuant to	6439
division (B)(2) of this section, and the remainder shall be	6440
credited in the following percentages each fiscal year to the	6441
general revenue fund, to the school district tangible property tax	6442
replacement fund, which is hereby created in the state treasury	6443
for the purpose of making the payments described in section	6444
5751.21 of the Revised Code, and to the local government tangible	6445
property tax replacement fund, which is hereby created in the	6446
state treasury for the purpose of making the payments described in	6447
section 5751.22 of the Revised Code, in the following percentages:	6448

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	6449
2006	67.7%	22.6%	9.7%	6450
2007	0%	70.0%	30.0%	6451
2008	0%	70.0%	30.0%	6452
2009	0%	70.0%	30.0%	6453
2010	0%	70.0%	30.0%	6454
2011	0%	70.0%	30.0%	6455
2012	25.0%	52.5%	22.5%	6456
2013 and thereafter	50.0%	35.0%	15.0%	6457

(2) Not later than the twentieth day of February, May,	6458
August, and November of each year, the commissioner shall provide	6459
for payment from the commercial activities tax receipts fund to	6460
the commercial activity tax motor fuel receipts fund an amount	6461
that bears the same ratio to the balance in the commercial	6462
activities tax receipts fund that (a) the taxable gross receipts	6463
attributed to motor fuel used for propelling vehicles on public	6464
highways as indicated by returns filed by the tenth day of that	6465
month bears to (b) all taxable gross receipts as indicated by	6466
those returns.	6467

(C) Not later than September 15, 2005, the tax commissioner	6468
shall determine for each school district, joint vocational school	6469
district, and local taxing unit its machinery and equipment,	6470
inventory property, furniture and fixtures property, and telephone	6471
property tax value losses, which are the applicable amounts	6472
described in divisions (C)(1), (2), (3), and (4) of this section,	6473
except as provided in division (C)(5) of this section:	6474

(1) Machinery and equipment property tax value loss is the	6475
taxable value of machinery and equipment property as reported by	6476
taxpayers for tax year 2004 multiplied by:	6477

(a) For tax year 2006, thirty-three and eight-tenths per	6478
cent;	6479

(b) For tax year 2007, sixty-one and three-tenths per cent;

6480

6481

(d) For tax year 2009 and thereafter, one hundred per cent.

6482

(2) Inventory property tax value loss is the taxable value of	6483
inventory property as reported by taxpayers for tax year 2004	6484
multiplied by:	6485

(a) For tax year 2006, a fraction, the numerator of which is	6486
five and three-fourths and the denominator of which is	6487
twenty-three;	6488

(b) For tax year 2007, a fraction, the numerator of which is	6489
nine and one-half and the denominator of which is twenty-three;	6490

(c) For tax year 2008, a fraction, the numerator of which is	6491
thirteen and one-fourth and the denominator of which is	6492
twenty-three;	6493

(d) For tax year 2009 and thereafter a fraction, the	6494
numerator of which is seventeen and the denominator of which is	6495
twenty-three.	6496

(3) Furniture and fixtures property tax value loss is the	6497
taxable value of furniture and fixture property as reported by	6498
taxpayers for tax year 2004 multiplied by:	6499

(a) For tax year 2006, twenty-five per cent;

6500

(b) For tax year 2007, fifty per cent;

6501

6502

(d) For tax year 2009 and thereafter, one hundred per cent.

6503

The taxable value of property reported by taxpayers used in	6504
divisions (C)(1), (2), and (3) of this section shall be such	6505
values as determined to be final by the tax commissioner as of	6506
August 31, 2005. Such determinations shall be final except for any	6507
correction of a clerical error that was made prior to August 31,	6508
2005, by the tax commissioner.	6509

(4) Telephone property tax value loss is the taxable value of	6510
telephone property as taxpayers would have reported that property	6511
for tax year 2004 if the assessment rate for all telephone	6512
property for that year were twenty-five per cent, multiplied by:	6513

(a) For tax year 2006, zero per cent;

6514

(b) For tax year 2007, zero per cent;

6515

6516

(d) For tax year 2009, sixty per cent;

6517

(e) For tax year 2010, eighty per cent;

6518

(f) For tax year 2011 and thereafter, one hundred per cent.

6519

(5) Division (C)(5) of this section applies to any school	6520
district, joint vocational school district, or local taxing unit	6521
in a county in which is located a facility currently or formerly	6522
devoted to the enrichment or commercialization of uranium or	6523
uranium products, and for which the total taxable value of	6524
property listed on the general tax list of personal property for	6525
any tax year from tax year 2001 to tax year 2004 was fifty per	6526
cent or less of the taxable value of such property listed on the	6527
general tax list of personal property for the next preceding tax	6528
year.	6529

In computing the fixed-rate levy losses under divisions	6530
(D)(1), (2), and (3) of this section for any school district,	6531
joint vocational school district, or local taxing unit to which	6532
division (C)(5) of this section applies, the taxable value of such	6533
property as listed on the general tax list of personal property	6534
for tax year 2000 shall be substituted for the taxable value of	6535
such property as reported by taxpayers for tax year 2004, in the	6536
taxing district containing the uranium facility, if the taxable	6537
value listed for tax year 2000 is greater than the taxable value	6538
reported by taxpayers for tax year 2004. For the purpose of making	6539
the computations under divisions (D)(1), (2), and (3) of this	6540
section, the tax year 2000 valuation is to be allocated to	6541
machinery and equipment, inventory, and furniture and fixtures	6542
property in the same proportions as the tax year 2004 values. For	6543
the purpose of the calculations in division (A) of section 5751.21	6544
of the Revised Code, the tax year 2004 taxable values shall be	6545
used.	6546

To facilitate the calculations required under division (C) of	6547
this section, the county auditor, upon request from the tax	6548
commissioner, shall provide by August 1, 2005, the values of	6549
machinery and equipment, inventory, and furniture and fixtures for	6550
all single-county personal property taxpayers for tax year 2004.	6551

(D) Not later than September 15, 2005, the tax commissioner	6552
shall determine for each tax year from 2006 through 2009 for each	6553
school district, joint vocational school district, and local	6554
taxing unit its machinery and equipment, inventory, and furniture	6555
and fixtures fixed-rate levy losses, and for each tax year from	6556
2006 through 2011 its telephone property fixed-rate levy loss.	6557
Except as provided in division (F) of this section, such losses	6558
are the applicable amounts described in divisions (D)(1), (2),	6559
(3), and (4) of this section:	6560

(1) The machinery and equipment fixed-rate levy loss is the	6561
machinery and equipment property tax value loss multiplied by the	6562
sum of the tax rates of fixed-rate qualifying levies.	6563

(2) The inventory fixed-rate loss is the inventory property	6564
tax value loss multiplied by the sum of the tax rates of	6565
fixed-rate qualifying levies.	6566

(3) The furniture and fixtures fixed-rate levy loss is the	6567
furniture and fixture property tax value loss multiplied by the	6568
sum of the tax rates of fixed-rate qualifying levies.	6569

(4) The telephone property fixed-rate levy loss is the	6570
telephone property tax value loss multiplied by the sum of the tax	6571
rates of fixed-rate qualifying levies.	6572

(E) Not later than September 15, 2005, the tax commissioner	6573
shall determine for each school district, joint vocational school	6574
district, and local taxing unit its fixed-sum levy loss. The	6575
fixed-sum levy loss is the amount obtained by subtracting the	6576
amount described in division (E)(2) of this section from the	6577
amount described in division (E)(1) of this section:	6578

(1) The sum of the machinery and equipment property tax value	6579
loss, the inventory property tax value loss, and the furniture and	6580
fixtures property tax value loss, and, for 2008 through 2010, the	6581
telephone property tax value loss of the district or unit	6582
multiplied by the sum of the fixed-sum tax rates of qualifying	6583
levies. For 2006 through 2010, this computation shall include all	6584
qualifying levies remaining in effect for the current tax year and	6585
any school district levies charged and payable under section	6586
5705.194 or 5705.213 of the Revised Code that are qualifying	6587
levies not remaining in effect for the current year. For 2011	6588
through 2017 in the case of school district levies charged and	6589
payable under section 5705.194 or 5705.213 of the Revised Code and	6590
for all years after 2010 in the case of other fixed-sum levies,	6591
this computation shall include only qualifying levies remaining in	6592
effect for the current year. For purposes of this computation, a	6593
qualifying school district levy charged and payable under section	6594
5705.194 or 5705.213 of the Revised Code remains in effect in a	6595
year after 2010 only if, for that year, the board of education	6596
levies a school district levy charged and payable under section	6597
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	6598
an annual sum at least equal to the annual sum levied by the board	6599
in tax year 2004 less the amount of the payment certified under	6600
this division for 2006.	6601

(2) The total taxable value in tax year 2004 less the sum of	6602
the machinery and equipment, inventory, furniture and fixtures,	6603
and telephone property tax value losses in each school district,	6604
joint vocational school district, and local taxing unit multiplied	6605
by one-half of one mill per dollar.	6606

(3) For the calculations in divisions (E)(1) and (2) of this	6607
section, the tax value losses are those that would be calculated	6608
for tax year 2009 under divisions (C)(1), (2), and (3) of this	6609
section and for tax year 2011 under division (C)(4) of this	6610
section.	6611

(4) To facilitate the calculation under divisions (D) and (E)	6612
of this section, not later than September 1, 2005, any school	6613
district, joint vocational school district, or local taxing unit	6614
that has a qualifying levy that was approved at an election	6615
conducted during 2005 before September 1, 2005, shall certify to	6616
the tax commissioner a copy of the county auditor's certificate of	6617
estimated property tax millage for such levy as required under	6618
division (B) of section 5705.03 of the Revised Code, which is the	6619
rate that shall be used in the calculations under such divisions.	6620

If the amount determined under division (E) of this section	6621
for any school district, joint vocational school district, or	6622
local taxing unit is greater than zero, that amount shall equal	6623
the reimbursement to be paid pursuant to division (E) of section	6624
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	6625
and the one-half of one mill that is subtracted under division	6626
(E)(2) of this section shall be apportioned among all contributing	6627
fixed-sum levies in the proportion that each levy bears to the sum	6628
of all fixed-sum levies within each school district, joint	6629
vocational school district, or local taxing unit.	6630

(F) If a school district levies a tax under section 5705.219	6631
of the Revised Code, the fixed-rate levy loss for qualifying	6632
levies, to the extent repealed under that section, shall equal the	6633
sum of the following amounts in lieu of the amounts computed for	6634
such levies under division (D) of this section:	6635

(1) The sum of the rates of qualifying levies to the extent	6636
so repealed multiplied by the sum of the machinery and equipment,	6637
inventory, and furniture and fixtures tax value losses for 2009 as	6638
determined under that division;	6639

(2) The sum of the rates of qualifying levies to the extent	6640
so repealed multiplied by the telephone property tax value loss	6641
for 2011 as determined under that division.	6642

The fixed-rate levy losses for qualifying levies to the	6643
extent not repealed under section 5705.219 of the Revised Code	6644
shall be as determined under division (D) of this section. The	6645
revised fixed-rate levy losses determined under this division and	6646
division (D) of this section first apply in the year following the	6647
first year the district levies the tax under section 5705.219 of	6648
the Revised Code.	6649

(G) Not later than October 1, 2005, the tax commissioner	6650
shall certify to the department of education for every school	6651
district and joint vocational school district the machinery and	6652
equipment, inventory, furniture and fixtures, and telephone	6653
property tax value losses determined under division (C) of this	6654
section, the machinery and equipment, inventory, furniture and	6655
fixtures, and telephone fixed-rate levy losses determined under	6656
division (D) of this section, and the fixed-sum levy losses	6657
calculated under division (E) of this section. The calculations	6658
under divisions (D) and (E) of this section shall separately	6659
display the levy loss for each levy eligible for reimbursement.	6660

(H) Not later than October 1, 2005, the tax commissioner	6661
shall certify the amount of the fixed-sum levy losses to the	6662
county auditor of each county in which a school district, joint	6663
vocational school district, or local taxing unit with a fixed-sum	6664
levy loss reimbursement has territory.	6665

(I) Not later than the twenty-eighth day of February each	6666
year beginning in 2011 and ending in 2014, the tax commissioner	6667
shall certify to the department of education for each school	6668
district first levying a tax under section 5705.219 of the Revised	6669
Code in the preceding year the revised fixed-rate levy losses	6670
determined under divisions (D) and (F) of this section.	6671

Section 101.02. That existing sections 9.33, 126.06, 127.14,	6672
153.01, 153.65, 307.05, 307.051, 307.055, 505.37, 505.375, 505.44,	6673
505.72, 3705.242, 4501.03, 4501.04, 4501.041, 4501.042, 4501.043,	6674
4501.06, 4503.42, 4503.45, 4503.49, 4504.19, 4504.21, 4506.08,	6675
4506.09, 4507.011, 4507.23, 4508.08, 4511.13, 4513.263, 4513.53,	6676
4513.66, 4561.21, 4743.05, 4765.02, 4765.03, 4765.04, 4765.05,	6677
4765.06, 4765.07, 4765.08, 4765.09, 4765.10, 4765.101, 4765.102,	6678
4765.11, 4765.111, 4765.112, 4765.113, 4765.114, 4765.115,	6679
4765.116, 4765.12, 4765.15, 4765.16, 4765.17, 4765.18, 4765.22,	6680
4765.23, 4765.28, 4765.29, 4765.30, 4765.31, 4765.32, 4765.33,	6681
4765.37, 4765.38, 4765.39, 4765.40, 4765.42, 4765.48, 4765.49,	6682
4765.55, 4765.56, 4766.01, 4766.03, 4766.04, 4766.05, 4766.07,	6683
4766.08, 4766.09, 4766.10, 4766.11, 4766.12, 4766.13, 4766.15,	6684
4766.22, 5501.73, 5501.77, 5502.01, 5503.04, 5515.01, 5517.011,	6685
5517.02, 5525.01, 5525.16, 5751.02, 5751.051, and 5751.20 and	6686
sections 4501.13, 4766.02, 4766.20, 4981.36, and 4981.361 of	6687
the Revised Code are hereby repealed.	6688

Section 201.10. Except as otherwise provided in this act,	6689
all appropriation items in this act are appropriated out of any	6690
moneys in the state treasury to the credit of the designated fund	6691
that are not otherwise appropriated. For all appropriations made	6692
in this act, the amounts in the first column are for fiscal year	6693
2014 and the amounts in the second column are for fiscal year	6694
2015.	6695

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

6696

FUND

TITLE

FY 2014

FY 2015

6697

Highway Operating Fund Group	6698

2120	772426	Highway Infrastructure Bank - Federal	$	5,000,000	$	5,000,000	6699
2120	772427	Highway Infrastructure Bank - State	$	10,350,000	$	10,350,000	6700
2120	772430	Infrastructure Debt Reserve Title 23-49	$	525,000	$	525,000	6701
2130	772431	Roadway Infrastructure Bank - State	$	2,475,000	$	2,475,000	6702
2130	772433	Infrastructure Debt Reserve - State	$	650,000	$	650,000	6703
2130	777477	Aviation Infrastructure Bank - State	$	1,000,000	$	1,000,000	6704
7002	771411	Planning and Research - State	$	21,144,581	$	21,738,277	6705
7002	771412	Planning and Research - Federal	$	28,835,906	$	28,959,514	6706
7002	772421	Highway Construction - State	$	583,246,763	$	585,240,020	6707
7002	772422	Highway Construction - Federal	$	1,065,253,182	$	1,063,145,274	6708
7002	772424	Highway Construction - Other	$	80,000,000	$	80,000,000	6709
7002	772437	GARVEE Debt Service - State	$	31,139,500	$	31,635,300	6710
7002	772438	GARVEE Debt Service - Federal	$	136,039,500	$	138,027,800	6711
7002	773431	Highway Maintenance - State	$	485,165,521	$	497,506,152	6712
7002	775452	Public Transportation - Federal	$	27,590,748	$	27,590,748	6713
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	6714
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	6715
7002	776462	Grade Crossings - Federal	$	14,136,500	$	14,129,500	6716
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	6717
7002	777475	Aviation Administration	$	4,875,000	$	4,935,000	6718
7002	779491	Administration - State	$	91,218,054	$	92,543,982	6719
TOTAL HOF Highway Operating							6720
Fund Group			$	2,595,280,255	$	2,612,086,567	6721

State Special Revenue Fund Group	6722

4N40	776664	Rail Transportation - Other	$	2,875,800	$	2,875,800	6723
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	6724
TOTAL SSR State Special Revenue							6725
Fund Group			$	3,495,800	$	3,495,800	6726

Infrastructure Bank Obligations Fund Group	6727

7045	772428	Highway Infrastructure Bank - Bonds	$	96,092,215	$	97,000,000	6728
TOTAL 045 Infrastructure Bank							6729
Obligations Fund Group			$	96,092,215	$	97,000,000	6730

Highway Capital Improvement Fund Group	6731

7042	772723	Highway Construction - Bonds	$	100,294,652	$	119,617,631	6732
TOTAL 042 Highway Capital							6733
Improvement Fund Group			$	100,294,652	$	119,617,631	6734
TOTAL ALL BUDGET FUND GROUPS			$	2,795,162,922	$	2,832,199,998	6735

Section 203.20. PUBLIC ACCESS ROADS FOR DNR FACILITIES

6737

Of the foregoing appropriation item 772421, Highway	6738
Construction – State, $5,000,000 shall be used in each fiscal year	6739
for the construction, reconstruction, or maintenance of public	6740
access roads, including support features, to and within state	6741
facilities owned or operated by the Department of Natural	6742
Resources.	6743

Section 203.30. PUBLIC ACCESS ROADS FOR PARKS, EXPOSITIONS	6744
COMMISSION, AND OHIO HISTORICAL SOCIETY FACILITIES	6745

Notwithstanding section 5511.06 of the Revised Code, of the	6746
foregoing appropriation item 772421, Highway Construction – State,	6747
$2,228,000 in each fiscal year shall be used for the construction,	6748
reconstruction, or maintenance of park drives or park roads within	6749
the boundaries of metropolitan parks.	6750

The Department of Transportation may use the foregoing	6751
appropriation item 772421, Highway Construction – State, to	6752
perform related road work on behalf of the Ohio Expositions	6753
Commission at the state fairgrounds, including reconstruction or	6754
maintenance of public access roads and support features to and	6755
within fairgrounds facilities, as requested by the Commission and	6756
approved by the Director of Transportation.	6757

The Department of Transportation may use the foregoing	6758
appropriation item 772421, Highway Construction – State, to	6759
perform related road work on behalf of the Ohio Historical	6760
Society, including reconstruction or maintenance of public access	6761
roads and support features to and within Historical Society	6762
facilities, as requested by the Society and approved by the	6763
Director of Transportation.	6764

Section 203.40. TRANSPORTATION IMPROVEMENT DISTRICTS

6765

(A) Notwithstanding section 5540.151 of the Revised Code, of	6766
the foregoing appropriation item 772421, Highway Construction –	6767
State, $3,500,000 in each fiscal year shall be made available for	6768
distribution by the Director of Transportation to Transportation	6769
Improvement Districts that have facilitated funding for the cost	6770
of a project or projects, as defined in division (C) of section	6771
5540.01 of the Revised Code, in conjunction with and through other	6772
governmental agencies, as defined in division (B) of section	6773
5540.01 of the Revised Code.	6774

(B) A Transportation Improvement District shall submit	6775
requests for project funding to the Ohio Department of	6776
Transportation not later than the first day of September in each	6777
fiscal year. The Ohio Department of Transportation shall notify	6778
the Transportation Improvement District whether the Department has	6779
approved or disapproved the project funding request within 90 days	6780
after the day the request was submitted by the Transportation	6781
Improvement District.	6782

(C) Any funding provided to a Transportation Improvement	6783
District specified in this section shall not be used for the	6784
purposes of administrative costs or administrative staffing and	6785
must be used to fund a specific project or projects within that	6786
District's area. The total amount of a specific project's cost	6787
shall not be fully funded by the amount of funds provided under	6788
this section. The total amount of funding provided for each	6789
project is limited to 10% of total project costs or $250,000 per	6790
fiscal year, whichever is greater. Transportation Improvement	6791
Districts that are co-sponsoring a specific project may	6792
individually apply for up to $250,000 for that project. However,	6793
not more than 10% of a project's total costs shall be funded	6794
through moneys provided under this section.	6795

(D) Funds provided under this section may be used for	6796
preliminary engineering, detailed design, right-of-way	6797
acquisition, and construction of the specific project and such	6798
other project costs that are defined in section 5540.01 of the	6799
Revised Code and approved by the Director of Transportation. Upon	6800
receipt of a copy of an invoice for work performed on the specific	6801
project, the Director of Transportation shall reimburse a	6802
Transportation Improvement District for the expenditures described	6803
above, subject to the requirements of this section.	6804

(E) Any Transportation Improvement District that is	6805
requesting funds under this section shall register with the	6806
Director of Transportation. The Director of Transportation shall	6807
register a Transportation Improvement District only if the	6808
district has a specific, eligible project and may cancel the	6809
registration of a Transportation Improvement District that is not	6810
eligible to receive funds under this section. The Director shall	6811
not provide funds to any Transportation Improvement District under	6812
this section if the district is not registered.	6813

Section 203.50. ISSUANCE OF BONDS

6814

The Treasurer of State, upon the request of the Director of	6815
Transportation, is authorized to issue and sell, in accordance	6816
with Section 2m of Article VIII, Ohio Constitution, and Chapter	6817
151. and particularly sections 151.01 and 151.06 of the Revised	6818
Code, obligations, including bonds and notes, in the aggregate	6819
amount of $220,000,000 in addition to the original issuance of	6820
obligations authorized by prior acts of the General Assembly.	6821

The obligations shall be issued and sold from time to time in	6822
amounts necessary to provide sufficient moneys to the credit of	6823
the Highway Capital Improvement Fund (Fund 7042) created by	6824
section 5528.53 of the Revised Code to pay costs charged to the	6825
fund when due as estimated by the Director of Transportation,	6826
provided, however, that such obligations shall be issued and sold	6827
at such time or times so that not more than $220,000,000 original	6828
principal amount of obligations, plus the principal amount of	6829
obligations that in prior fiscal years could have been, but were	6830
not, issued within the $220,000,000 limit, may be issued in any	6831
fiscal year, and not more than $1,200,000,000 original principal	6832
amount of such obligations are outstanding at any one time.	6833

Section 203.60. TRANSFER OF HIGHWAY OPERATING FUND (FUND	6834
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION,	6835
HIGHWAY MAINTENANCE, PUBLIC TRANSPORTATION, RAIL, AVIATION, AND	6836
ADMINISTRATION	6837

The Director of Budget and Management may approve requests	6838
from the Director of Transportation for transfer of Highway	6839
Operating Fund (Fund 7002) appropriations for planning and	6840
research (appropriation items 771411 and 771412), highway	6841
construction and debt service (appropriation items 772421, 772422,	6842
772424, 772425, 772437, and 772438), highway maintenance	6843
(appropriation item 773431), public transportation - federal	6844
(appropriation item 775452), elderly and disabled special	6845
equipment (appropriation item 775459), rail grade crossings	6846
(appropriation item 776462), aviation (appropriation item 777475),	6847
and administration (appropriation item 779491). The Director of	6848
Budget and Management may not make transfers out of debt service	6849
appropriation items unless the Director determines that the	6850
appropriated amounts exceed the actual and projected debt service	6851
requirements. Transfers of appropriations may be made upon the	6852
written request of the Director of Transportation and with the	6853
approval of the Director of Budget and Management. The transfers	6854
shall be reported to the Controlling Board at the next regularly	6855
scheduled meeting of the board.	6856

This transfer authority is intended to provide for emergency	6857
situations and flexibility to meet unforeseen conditions that	6858
could arise during the budget period. It also is intended to allow	6859
the department to optimize the use of available resources and	6860
adjust to circumstances affecting the obligation and expenditure	6861
of federal funds.	6862

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY, TRANSIT,	6863
AVIATION, AND RAIL AND LOCAL TRANSIT	6864

The Director of Budget and Management may approve written	6865
requests from the Director of Transportation for the transfer of	6866
appropriations between appropriation items 772422, Highway	6867
Construction - Federal, 775452, Public Transportation - Federal,	6868
775454, Public Transportation - Other, 775459, Elderly and	6869
Disabled Special Equipment, 776475, Federal Rail Administration,	6870
and 777472, Airport Improvements - Federal. The transfers shall be	6871
reported to the Controlling Board at its next regularly scheduled	6872
meeting.	6873

TRANSFER OF APPROPRIATIONS - ARRA

6874

The Director of Budget and Management may approve written	6875
requests from the Director of Transportation for the transfer of	6876
appropriations between appropriation items 771412, Planning and	6877
Research – Federal, 772422, Highway Construction - Federal,	6878
772424, Highway Construction – Other, 775452, Public	6879
Transportation - Federal, 776462, Grade Crossing - Federal, and	6880
777472, Airport Improvements - Federal, based upon the	6881
requirements of the American Recovery and Reinvestment Act of 2009	6882
that apply to the money appropriated. The transfers shall be	6883
reported to the Controlling Board at its next regularly scheduled	6884
meeting.	6885

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	6886
BANK	6887

The Director of Budget and Management may approve requests	6888
from the Director of Transportation for transfer of appropriations	6889
and cash of the Infrastructure Bank funds created in section	6890
5531.09 of the Revised Code, including transfers between fiscal	6891
years 2014 and 2015. The transfers shall be reported to the	6892
Controlling Board at its next regularly scheduled meeting.	6893

The Director of Budget and Management may approve requests	6894
from the Director of Transportation for transfer of appropriations	6895
and cash from the Highway Operating Fund (Fund 7002) to the	6896
Infrastructure Bank funds created in section 5531.09 of the	6897
Revised Code. The Director of Budget and Management may transfer	6898
from the Infrastructure Bank funds to the Highway Operating Fund	6899
up to the amounts originally transferred to the Infrastructure	6900
Bank funds under this section. However, the Director may not make	6901
transfers between modes or transfers between different funding	6902
sources. The transfers shall be reported to the Controlling Board	6903
at its next regularly scheduled meeting.	6904

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

6905

The Director of Budget and Management may approve requests	6906
from the Director of Transportation for transfer of appropriations	6907
and cash of the Ohio Toll Fund and any subaccounts created in	6908
section 5531.14 of the Revised Code, including transfers between	6909
fiscal years 2014 and 2015. The transfers shall be reported to the	6910
Controlling Board at its next regularly scheduled meeting.	6911

INCREASING APPROPRIATIONS: STATE FUNDS

6912

In the event that receipts or unexpended balances credited to	6913
the Highway Operating Fund (Fund 7002) exceed the estimates upon	6914
which the appropriations have been made in this act, upon the	6915
request of the Director of Transportation, the Controlling Board	6916
may increase those appropriations in the manner prescribed in	6917
section 131.35 of the Revised Code.	6918

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

6919

In the event that receipts or unexpended balances credited to	6920
the Highway Operating Fund (Fund 7002) or apportionments or	6921
allocations made available from the federal and local government	6922
exceed the estimates upon which the appropriations have been made	6923
in this act, upon the request of the Director of Transportation,	6924
the Controlling Board may increase those appropriations in the	6925
manner prescribed in section 131.35 of the Revised Code.	6926

REAPPROPRIATIONS

6927

In each fiscal year of the biennium ending June 30, 2015, the	6928
Director of Transportation may request that the Director of Budget	6929
and Management transfer any remaining unencumbered balances of	6930
prior years' appropriations to the Highway Operating Fund (Fund	6931
7002), the Highway Capital Improvement Fund (Fund 7042), and the	6932
Infrastructure Bank funds created in section 5531.09 of the	6933
Revised Code for the same purpose in the following fiscal year. In	6934
the request, the Director of Transportation shall identify the	6935
appropriate fund and appropriation item of the transfer, the	6936
requested transfer amount. The Director of Budget and Management	6937
may request additional information necessary for evaluating the	6938
transfer request, and the Director of Transportation shall provide	6939
the requested information to the Director of Budget and	6940
Management. Based on the information provided by the Director of	6941
Transportation, the Director of Budget and Management shall	6942
determine the amount to be transferred by fund and appropriation	6943
item, and those amounts are hereby reappropriated. The Director of	6944
Transportation shall report the reappropriations to the	6945
Controlling Board.	6946

Any balances of prior years' unencumbered appropriations to	6947
the Highway Operating Fund (Fund 7002), the Highway Capital	6948
Improvement Fund (Fund 7042), and the Infrastructure Bank funds	6949
created in section 5531.09 of the Revised Code for which the	6950
Director of Transportation requests reappropriations, and for	6951
which reappropriations are approved by the Director of Budget and	6952
Management, are subject to the availability of revenue as	6953
determined by the Director of Transportation.	6954

LIQUIDATION OF UNFORESEEN LIABILITIES

6955

Any appropriation made from the Highway Operating Fund (Fund	6956
7002) not otherwise restricted by law is available to liquidate	6957
unforeseen liabilities arising from contractual agreements of	6958
prior years when the prior year encumbrance is insufficient.	6959

Section 203.70. MAINTENANCE OF INTERSTATE HIGHWAYS

6960

The Director of Transportation may remove snow and ice and	6961
maintain, repair, improve, or provide lighting upon interstate	6962
highways that are located within the boundaries of municipal	6963
corporations, adequate to meet the requirements of federal law.	6964
When agreed in writing by the Director of Transportation and the	6965
legislative authority of a municipal corporation and	6966
notwithstanding sections 125.01 and 125.11 of the Revised Code,	6967
the Department of Transportation may reimburse a municipal	6968
corporation for all or any part of the costs, as provided by such	6969
agreement, incurred by the municipal corporation in maintaining,	6970
repairing, lighting, and removing snow and ice from the interstate	6971
system.	6972

Section 203.80. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

6973

The Director of Transportation may use revenues from the	6974
state motor vehicle fuel tax to match approved federal grants	6975
awarded to the Department of Transportation, regional transit	6976
authorities, or eligible public transportation systems, for public	6977
transportation highway purposes, or to support local or state	6978
funded projects for public transportation highway purposes. Public	6979
transportation highway purposes include: the construction or	6980
repair of high-occupancy vehicle traffic lanes, the acquisition or	6981
construction of park-and-ride facilities, the acquisition or	6982
construction of public transportation vehicle loops, the	6983
construction or repair of bridges used by public transportation	6984
vehicles or that are the responsibility of a regional transit	6985
authority or other public transportation system, or other similar	6986
construction that is designated as an eligible public	6987
transportation highway purpose. Motor vehicle fuel tax revenues	6988
may not be used for operating assistance or for the purchase of	6989
vehicles, equipment, or maintenance facilities.	6990

Section 203.90. The federal payments made to the state for	6991
highway infrastructure or for transit agencies under Title XII of	6992
Division A of the American Recovery and Reinvestment Act of 2009	6993
shall be deposited to the credit of the Highway Operating Fund	6994
(Fund 7002), which is created in section 5735.291 of the Revised	6995
Code.	6996

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

6997

State Highway Safety Fund Group	6998

4W40	762321	Operating Expense - BMV	$	127,359,268	$	127,268,957	6999
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	7000
7036	761321	Operating Expense - Information and Education	$	6,264,266	$	6,208,531	7001
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	7002
7036	761630	Motorcycle Programs	$	3,280,563	$	3,280,563	7003
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	7004
7036	764321	Operating Expense - Highway Patrol	$	268,232,602	$	270,232,602	7005
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	7006
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	7007
8310	761610	Information and Education - Federal	$	300,000	$	300,000	7008
8310	764608	FARS Grant Federal	$	175,000	$	175,000	7009
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	7010
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	7011
8310	765610	EMS - Federal	$	225,000	$	225,000	7012
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	7013
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	7014
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	7015
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	7016
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	7017
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	7018
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	7019
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	7020
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	7021
83M0	765624	Operating - EMS	$	2,711,069	$	2,711,069	7022
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	7023
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	7024
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	7025
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	7026
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	7027
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	7028
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	7029
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	7030
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	7031
TOTAL HSF State Highway Safety Fund Group			$	511,114,660	$	513,148,564	7032

General Services Fund Group	7033

4P60	768601	Justice Program Services	$	900,000	$	875,000	7034
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	7035
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	7036
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	7037
TOTAL GSF General Services Fund Group			$	6,541,746	$	6,516,746	7038

Federal Special Revenue Fund Group	7039

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	7040
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	7041
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	7042
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	7043
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	7044
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	7045
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	7046
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	7047
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	7048
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	7049
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	7050
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	7051
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	7052
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	7053
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	7054

State Special Revenue Fund Group	7055

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	7056
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	7057
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	7058
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	7059
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	7060
5BP0	764609	DPS Wireless 911 Administration	$	290,000	$	290,000	7061
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	7062
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	7063
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	7064
5FL0	769634	Investigations	$	899,300	$	899,300	7065
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	7066
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	7067
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	7068
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	7069
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	7070
TOTAL SSR State Special Revenue Fund Group			$	15,049,767	$	15,039,767	7071

Agency Fund Group	7072

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		7073
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		7074

Holding Account Redistribution Fund Group	7075

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	7076
R052	762623	Security Deposits	$	350,000	$	350,000	7077
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	7078
TOTAL ALL BUDGET FUND GROUPS			$	669,763,888	$	672,207,792	7079

MOTOR VEHICLE REGISTRATION

7080

The Registrar of Motor Vehicles may deposit revenues to meet	7081
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	7082
4W40) established in section 4501.25 of the Revised Code, obtained	7083
under sections 4503.02 and 4504.02 of the Revised Code, less all	7084
other available cash. Revenue deposited pursuant to this paragraph	7085
shall support, in part, appropriations for operating expenses and	7086
defray the cost of manufacturing and distributing license plates	7087
and license plate stickers and enforcing the law relative to the	7088
operation and registration of motor vehicles. Notwithstanding	7089
section 4501.03 of the Revised Code, the revenues shall be paid	7090
into Fund 4W40 before any revenues obtained pursuant to sections	7091
4503.02 and 4504.02 of the Revised Code are paid into any other	7092
fund. The deposit of revenues to meet the aforementioned cash	7093
needs shall be in approximately equal amounts on a monthly basis	7094
or as otherwise determined by the Director of Budget and	7095
Management pursuant to a plan submitted by the Registrar of Motor	7096
Vehicles.	7097

LEASE RENTAL PAYMENTS

7098

The foregoing appropriation item 761401, Lease Rental	7099
Payments, shall be used for payments to the Treasurer of State for	7100
the period July 1, 2013, through June 30, 2015, under the primary	7101
leases and agreements for public safety related buildings. The	7102
appropriations are the source of funds pledged for bond service	7103
charges on obligations pursuant to Chapters 152. and 154. of the	7104
Revised Code.	7105

CASH TRANSFERS BETWEEN FUNDS

7106

Notwithstanding any provision of law to the contrary, the	7107
Director of Budget and Management, upon the written request of the	7108
Director of Public Safety, may transfer cash between the following	7109
six funds: the Trauma and Emergency Medical Services Fund (Fund	7110
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	7111
Fund (Fund 5FL0), the Emergency Management Agency Service and	7112
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	7113
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	7114
4W40).	7115

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	7116
PLATE CONTRIBUTION FUND	7117

On July 1, 2013, or as soon as possible thereafter, the	7118
Director of Budget and Management may transfer the unexpended and	7119
unencumbered cash balance in the Teen Driver Education Fund (Fund	7120
5JS0) to the License Plate Contribution Fund (Fund 5V10). Upon	7121
completion of the transfer, Fund 5JS0 is hereby abolished.	7122

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	7123
STATE HIGHWAY SAFETY FUND	7124

Not later than January 1, 2014, the Director of Budget and	7125
Management may transfer the unexpended and unencumbered cash	7126
balance in the Hilltop Utility Reimbursement Fund (Fund 4S30) to	7127
the State Highway Safety Fund (Fund 7036). Upon completion of the	7128
transfer, Fund 4S30 is hereby abolished.	7129

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	7130
SAFETY FUND	7131

On July 1, 2013, or as soon as possible thereafter, the	7132
Director of Budget and Management shall transfer the unexpended	7133
and unencumbered cash balance in the Registrar Rental Fund (Fund	7134
8380) to the State Bureau of Motor Vehicles Fund (Fund 4W40). Upon	7135
completion of the transfer, Fund 8380 is abolished.	7136

CASH TRANSFER FROM MOTORCYCLE SAFETY AND EDUCATION FUND TO	7137
STATE HIGHWAY SAFETY FUND	7138

Not later than January 1, 2014, the Director of Budget and	7139
Management shall transfer the unexpended and unencumbered cash	7140
balance in the Motorcycle Safety and Education Fund (Fund 8460) to	7141
the State Highway Safety Fund (Fund 7036). Upon completion of the	7142
transfer, Fund 8460 is abolished.	7143

STATE DISASTER RELIEF

7144

The State Disaster Relief Fund (Fund 5330) may accept	7145
transfers of cash and appropriations from Controlling Board	7146
appropriation items for Ohio Emergency Management Agency disaster	7147
response costs and disaster program management costs, and may also	7148
be used for the following purposes:	7149

(A) To accept transfers of cash and appropriations from	7150
Controlling Board appropriation items for Ohio Emergency	7151
Management Agency public assistance and mitigation program match	7152
costs to reimburse eligible local governments and private	7153
nonprofit organizations for costs related to disasters;	7154

(B) To accept and transfer cash to reimburse the costs	7155
associated with Emergency Management Assistance Compact (EMAC)	7156
deployments;	7157

(C) To accept disaster related reimbursement from federal,	7158
state, and local governments. The Director of Budget and	7159
Management may transfer cash from reimbursements received by this	7160
fund to other funds of the state from which transfers were	7161
originally approved by the Controlling Board.	7162

(D) To accept transfers of cash and appropriations from	7163
Controlling Board appropriation items to fund the State Disaster	7164
Relief Program, for disasters that qualify for the program by	7165
written authorization of the Governor, and the State Individual	7166
Assistance Program for disasters that have been declared by the	7167
federal Small Business Administration and that qualify for the	7168
program by written authorization of the Governor. The Ohio	7169
Emergency Management Agency shall publish and make available	7170
application packets outlining procedures for the State Disaster	7171
Relief Program and the State Individual Assistance Program.	7172

JUSTICE ASSISTANCE GRANT FUND

7173

The federal payments made to the state for the Byrne Justice	7174
Assistance Grants Program under Title II of Division A of the	7175
American Recovery and Reinvestment Act of 2009 shall be deposited	7176
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	7177
which is hereby created in the state treasury. All investment	7178
earnings of the fund shall be credited to the fund.	7179

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	7180
AGENCY SERVICE AND REIMBURSEMENT FUND	7181

On July 1 of each fiscal year, or as soon as possible	7182
thereafter, the Director of Budget and Management shall transfer	7183
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	7184
Emergency Management Agency Service and Reimbursement Fund (Fund	7185
4V30) to be distributed to the Ohio Task Force One – Urban Search	7186
and Rescue Unit and other urban search and rescue programs around	7187
the state.	7188

FAMILY VIOLENCE PREVENTION FUND

7189

Notwithstanding any provision of law to the contrary, in each	7190
of fiscal years 2014 and 2015, the first $750,000 received to the	7191
credit of the Family Violence Prevention Fund (Fund 5BK0) is	7192
appropriated to appropriation item 768689, Family Violence Shelter	7193
Programs, and the next $400,000 received to the credit of Fund	7194
5BK0 in each of those fiscal years is appropriated to	7195
appropriation item 768687, Criminal Justice Services - Operating.	7196
Any moneys received to the credit of Fund 5BK0 in excess of the	7197
aforementioned appropriated amounts in each fiscal year shall,	7198
upon the approval of the Controlling Board, be used to provide	7199
grants to family violence shelters in Ohio.	7200

SARA TITLE III HAZMAT PLANNING

7201

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	7202
entitled to receive grant funds from the Emergency Response	7203
Commission to implement the Emergency Management Agency's	7204
responsibilities under Chapter 3750. of the Revised Code.	7205

COLLECTIVE BARGAINING INCREASES

7206

Notwithstanding division (D) of section 127.14 and division	7207
(B) of section 131.35 of the Revised Code, except for the General	7208
Revenue Fund, the Controlling Board may, upon the request of	7209
either the Director of Budget and Management, or the Department of	7210
Public Safety with the approval of the Director of Budget and	7211
Management, authorize expenditures in excess of appropriations and	7212
transfer appropriations, as necessary, for any fund used by the	7213
Department of Public Safety, to assist in paying the costs of	7214
increases in employee compensation that have occurred pursuant to	7215
collective bargaining agreements under Chapter 4117. of the	7216
Revised Code and, for exempt employees, under section 124.152 of	7217
the Revised Code. Any money approved for expenditure under this	7218
paragraph is hereby appropriated.	7219

CASH BALANCE FUND REVIEW

7220

Not later than the first day of April in each fiscal year of	7221
the biennium, the Director of Budget and Management shall review	7222
the cash balances for each fund, except the State Highway Safety	7223
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	7224
4W40), in the State Highway Safety Fund Group, and shall recommend	7225
to the Controlling Board an amount to be transferred to the credit	7226
of Fund 7036 or Fund 4W40, as appropriate.	7227

AUTO REGISTRATION DISTRIBUTION FUND

7228

Notwithstanding the amendment by this act to section 4501.03	7229
of the Revised Code and the enactment by this act of section	7230
4501.031 of the Revised Code, any license tax assessed under	7231
Chapters 4503. or 4504. of the Revised Code, and derived from	7232
registrations processed on business days prior to July 1, 2013,	7233
shall be deposited to the state treasury to the credit of the Auto	7234
Registration Distribution Fund (Fund 7051) created by section	7235
4501.03 of the Revised Code, even if such deposit does not occur	7236
until on or after July 1, 2013. All license tax assessed on	7237
registrations under Chapters 4503. or 4504. of the Revised Code	7238
prior to July 1, 2013, shall be deposited, and distributed, in	7239
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	7240
4501.043 of the Revised Code as they existed prior to the	7241
amendments to those sections by this act.	7242

Section 207.10. DEV DEVELOPMENT SERVICES AGENCY

7243

State Special Revenue Fund Group	7244

4W00	195629	Roadwork Development	$	15,199,900	$	15,199,900	7245
TOTAL SSR State Special Revenue							7246
Fund Group			$	15,199,900	$	15,199,900	7247
TOTAL ALL BUDGET FUND GROUPS			$	15,199,900	$	15,199,900	7248

ROADWORK DEVELOPMENT FUND

7249

The Roadwork Development Fund shall be used for road	7250
improvements associated with economic development opportunities	7251
that will retain or attract businesses for Ohio. "Road	7252
improvements" are improvements to public roadway facilities	7253
located on, or serving or capable of serving, a project site.	7254

The Department of Transportation, under the direction of the	7255
Development Services Agency, shall provide these funds in	7256
accordance with all guidelines and requirements established for	7257
Development Services Agency appropriation item 195623, Business	7258
Incentive Grants, including Controlling Board review and approval	7259
as well as the requirements for usage of gas tax revenue	7260
prescribed in Section 5a of Article XII, Ohio Constitution. Should	7261
the Development Services Agency require the assistance of the	7262
Department of Transportation to bring a project to completion, the	7263
Department of Transportation shall use its authority under Title	7264
LV of the Revised Code to provide such assistance and may enter	7265
into contracts on behalf of the Development Services Agency. In	7266
addition, these funds may be used in conjunction with	7267
appropriation item 195623, Business Incentive Grants, or any other	7268
state funds appropriated for infrastructure improvements.	7269

The Director of Budget and Management, pursuant to a plan	7270
submitted by the Director of Development Services or as otherwise	7271
determined by the Director of Budget and Management, shall set a	7272
cash transfer schedule to meet the cash needs of the Development	7273
Services Agency Roadwork Development Fund (Fund 4W00), less any	7274
other available cash. The Director shall transfer to the Roadwork	7275
Development Fund from the Highway Operating Fund (Fund 7002),	7276
established in section 5735.291 of the Revised Code, such amounts	7277
at such times as determined by the transfer schedule.	7278

Section 209.10. PWC PUBLIC WORKS COMMISSION

7279

Local Transportation Improvements Fund Group	7280

7052	150402	Local Transportation Improvement Program - Operating	$	292,526	$	296,555	7281
7052	150701	Local Transportation Improvement Program	$	52,000,000	$	52,000,000	7282
TOTAL 052 Local Transportation							7283
Improvements Fund Group			$	52,292,526	$	52,296,555	7284

Local Infrastructure Improvements Fund Group	7285

7038	150321	State Capital Improvements Program - Operating Expenses	$	902,579	$	909,665	7286
TOTAL LIF Local Infrastructure							7287
Improvements Fund Group			$	902,579	$	909,665	7288
TOTAL ALL BUDGET FUND GROUPS			$	53,195,105	$	53,206,220	7289

PUBLIC WORKS OPERATING EXPENSES

7290

The forgoing appropriation item 150321, State Capital	7291
Improvements Program-Operating Expenses, shall be used by the Ohio	7292
Public Works Commission to administer the State Capital	7293
Improvement Program under sections 164.01 to 164.16 of the Revised	7294
Code.	7295

DISTRICT ADMINISTRATION COSTS

7296

The Director of the Public Works Commission is authorized to	7297
create a District Administration Costs Program from interest	7298
earnings of the Capital Improvements Fund and Local Transportation	7299
Improvement Program Fund proceeds. The program shall be used to	7300
provide for the direct costs of district administration of the	7301
nineteen public works districts. Districts choosing to participate	7302
in the program shall only expend State Capital Improvements Fund	7303
moneys for State Capital Improvements Fund costs and Local	7304
Transportation Improvement Program Fund moneys for Local	7305
Transportation Improvement Program Fund costs. The account shall	7306
not exceed $1,235,000 per fiscal year. Each public works district	7307
may be eligible for up to $65,000 per fiscal year from its	7308
district allocation as provided in sections 164.08 and 164.14 of	7309
the Revised Code.	7310

The Director, by rule, shall define allowable and	7311
nonallowable costs for the purpose of the District Administration	7312
Costs Program. Nonallowable costs include indirect costs, elected	7313
official salaries and benefits, and project-specific costs. No	7314
district public works committee may participate in the District	7315
Administration Costs Program without the approval of those costs	7316
by the district public works committee under section 164.04 of the	7317
Revised Code.	7318

REAPPROPRIATIONS

7319

All capital appropriations from the Local Transportation	7320
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 114 of the	7321
129th General Assembly remaining unencumbered as of June 30, 2013,	7322
are reappropriated for use during the period July 1, 2013, through	7323
June 30, 2014, for the same purpose.	7324

Notwithstanding division (B) of section 127.14 of the Revised	7325
Code, all capital appropriations and reappropriations from the	7326
Local Transportation Improvement Program Fund (Fund 7052) in this	7327
act remaining unencumbered as of June 30, 2014, are reappropriated	7328
for use during the period July 1, 2014, through June 30, 2015, for	7329
the same purposes, subject to the availability of revenue as	7330
determined by the Director of the Public Works Commission.	7331

TEMPORARY TRANSFERS

7332

Notwithstanding section 127.14 of the Revised Code, the	7333
Director of the Public Works Commission may request the Director	7334
of Budget and Management to transfer moneys from the Local	7335
Transportation Improvement Fund (Fund 7052) to the State Capital	7336
Improvement Fund (Fund 7038) and the Clean Ohio Conservation Fund	7337
(Fund 7056). The Director of Budget and Management may approve	7338
temporary transfers if such transfers are needed for capital	7339
outlays for which notes or bonds will be issued. Any transfers	7340
executed under this section shall be reported to the Controlling	7341
Board by June 30 of the fiscal year in which the transfer	7342
occurred.	7343

Section 503.10. STATE AND LOCAL REBATE AUTHORIZATION

7344

There is hereby appropriated, from those funds designated by	7345
or pursuant to the applicable proceedings authorizing the issuance	7346
of state obligations, amounts computed at the time to represent	7347
the portion of investment income to be rebated or amounts in lieu	7348
of or in addition to any rebate amount to be paid to the federal	7349
government in order to maintain the exclusion from gross income	7350
for federal income tax purposes of interest on those state	7351
obligations under section 148(f) of the Internal Revenue Code.	7352

Rebate payments shall be approved and vouchered by the Office	7353
of Budget and Management.	7354

Section 503.20. DEPARTMENT OF NATURAL RESOURCES PARKS SPECIAL	7355
PURPOSES	7356

Appropriation item 725509, Parks Special Purposes, is hereby	7357
established in the General Revenue Fund with an appropriation of	7358
$14,000,000 in fiscal year 2013. The appropriation item shall be	7359
used by the Department of Natural Resources to facilitate the	7360
mutual termination of a lease agreement between the City of	7361
Cleveland and the Department of Natural Resources for Cleveland	7362
Lakefront Parks.	7363

Section 506.10. Notwithstanding division (A)(3) of section	7364
4501.044 and division (A)(1) of section 4501.045 of the Revised	7365
Code, commencing July 1, 2013, and extending through June 30,	7366
2014, the Director of Public Safety shall deposit the money	7367
otherwise deposited and distributed in accordance with those	7368
divisions into the State Highway Safety Fund (Fund 7036) created	7369
by section 4501.06 of the Revised Code until such time as the	7370
deposits equal a cumulative total of $24,000,000. At that point,	7371
the Director shall cease depositing any such money into Fund 7036	7372
and shall deposit and distribute that money as prescribed in	7373
division (A)(3) of section 4501.044 and division (A)(1) of section	7374
4501.045 of the Revised Code.	7375

Notwithstanding division (A)(3) of section 4501.044 and	7376
division (A)(1) of section 4501.045 of the Revised Code,	7377
commencing July 1, 2014, and extending through June 30, 2015, the	7378
Director of Public Safety shall deposit the money otherwise	7379
deposited and distributed in accordance with those divisions into	7380
the State Highway Safety Fund (Fund 7036) created by section	7381
4501.06 of the Revised Code until such time as the deposits equal	7382
a cumulative total of $24,000,000. At that point, the Director	7383
shall cease depositing any such money into Fund 7036 and shall	7384
deposit and distribute that money as prescribed in division (A)(3)	7385
of section 4501.044 and division (A)(1) of section 4501.045 of the	7386
Revised Code.	7387

Section 509.10. AUTHORIZATION FOR TREASURER OF STATE AND OBM	7388
TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	7389

The Director of Budget and Management shall initiate and	7390
process payments from lease rental payment appropriation items	7391
during the period from July 1, 2013, to June 30, 2015, pursuant to	7392
the lease agreements for bonds or notes issued under Section 2i of	7393
Article VIII of the Ohio Constitution and Chapters 152. and 154.	7394
of the Revised Code. Payments shall be made upon certification by	7395
the Treasurer of State of the dates and amounts due on those	7396
dates.	7397

Section 509.20. LEASE AND DEBT SERVICE PAYMENTS

7398

Certain appropriations are in this act for the purpose of	7399
lease rental and other payments under leases and agreements	7400
relating to bonds or notes issued under the Ohio Constitution and	7401
acts of the General Assembly. If it is determined that additional	7402
appropriations are necessary for this purpose, such amounts are	7403
hereby appropriated.	7404

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	7405
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	7406

Upon the request of the Director of Transportation, the	7407
Director of Budget and Management may transfer cash from the	7408
Highway Operating Fund (Fund 7002) to the Highway Capital	7409
Improvement Fund (Fund 7042) created in section 5528.53 of the	7410
Revised Code. The Director of Budget and Management may transfer	7411
cash from Fund 7042 to Fund 7002 up to the amount of cash	7412
previously transferred to Fund 7042 under this section.	7413

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

7414

The Director of Budget and Management shall transfer cash in	7415
equal monthly increments totaling $171,724,944 in fiscal year 2014	7416
and in equal monthly increments totaling $173,884,776 in fiscal	7417
year 2015 from the Highway Operating Fund (Fund 7002), created in	7418
section 5735.291 of the Revised Code, to the Gasoline Excise Tax	7419
Fund (Fund 7060) created in division (A) of section 5735.27 of the	7420
Revised Code. The monthly amounts transferred under this section	7421
shall be distributed as follows: 42.86 per cent shall be	7422
distributed among the municipal corporations within the state	7423
under division (A)(2) of section 5735.27 of the Revised Code;	7424
37.14 per cent shall be distributed among the counties within the	7425
state under division (A)(3) of section 5735.27 of the Revised	7426
Code; and 20 per cent shall be distributed among the townships	7427
within the state under division (A)(5)(b) of section 5735.27 of	7428
the Revised Code.	7429

Section 512.30. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

7430

On July 1, 2013, and on January 1, 2014, or as soon as	7431
possible thereafter, respectively, the Director of Budget and	7432
Management shall transfer $200,000 in cash, for each period, from	7433
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	7434
General for ODOT Fund (Fund 5FA0).	7435

On July 1, 2014, and on January 1, 2015, or as soon as	7436
possible thereafter, respectively, the Director of Budget and	7437
Management shall transfer $200,000 in cash, for each period, from	7438
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	7439
General for ODOT Fund (Fund 5FA0).	7440

Should additional amounts be necessary, the Inspector	7441
General, with the consent of the Director of Budget and	7442
Management, may seek Controlling Board approval for additional	7443
transfers of cash and to increase the amount appropriated from	7444
appropriation item 965603, Deputy Inspector General for ODOT, in	7445
the amount of the additional transfers.	7446

Section 601.10. That Section 10 of Am. Sub. H.B. 386 of the	7447
129th General Assembly be amended to read as follows:	7448

Sec. 10. ~~The~~To the extent that sufficient cash is available,	7449
within three months after the receipt of moneys into the Casino	7450
Operator Settlement Fund created in section 3772.34 of the Revised	7451
Code, the Director of Budget and Management shall pay one million	7452
dollars ~~by December 31, 2012,~~ to the municipal corporation or	7453
township in which each commercial racetrack is located, including	7454
a municipal corporation or township to which a racetrack is to	7455
relocate as specified in the memorandum of understanding of	7456
February 17, 2012, between the Office of the Governor, State of	7457
Ohio, and Penn National Gaming, Inc., pertaining to racing permit	7458
transfers, but excluding the previous municipal corporation or	7459
township of each moved track and excluding a municipal corporation	7460
or township in a county with a population between 1,100,000 and	7461
1,200,000 in the most recent federal decennial census. ~~The~~	7462
~~Director shall transfer these payments, totaling six million~~	7463
~~dollars, from the Casino Operator Settlement Fund created in~~	7464
~~section 3772.34 of the Revised Code. The Director~~Additionally,	7465
within six months after the first payments made under this	7466
section, the Director of Budget and Management shall pay an	7467
additional one million dollars ~~by June 30, 2013,~~ to each of these	7468
municipal corporations and townships~~, and shall transfer these~~	7469
~~payments, totaling six million dollars, from the Casino Operator~~	7470
~~Settlement Fund. These expenditures are hereby appropriated~~. Each	7471
municipal corporation or township receiving such a payment shall	7472
use at least fifty per cent of the funds received for	7473
infrastructure or capital improvements. If after either of the	7474
payments referenced in this section, a municipal corporation or	7475
township loses a racetrack as a result of the racetrack permit	7476
holder's decision to relocate to another municipal corporation or	7477
township, the municipal corporation or township losing the	7478
racetrack becomes eligible for a payment from the Racetrack	7479
Facility Community Economic Redevelopment Fund provided for in	7480
Sections 7 and 8 of H.B. 386 of the 129th General Assembly. Such a	7481
municipal corporation or township shall not receive more than the	7482
sum of $3 million minus any payments made by the Director of	7483
Budget and Management in accordance with this section. The	7484
Director of Budget and Management is also authorized to establish	7485
any necessary appropriation items in the appropriate funds and	7486
agencies in order to make any payments required under this	7487
section. Any funds in such items are hereby appropriated.	7488

Section 601.11. That existing Section 10 of Am. Sub. H.B. 386	7489
of the 129th General Assembly is hereby repealed.	7490

Section 601.20. That Sections 203.80 and 203.83 of Sub. H.B.	7491
482 of the 129th General Assembly be amended to read as follows:	7492

Sec. 203.80. The items set forth in this section are hereby	7493
appropriated out of any moneys in the state treasury to the credit	7494
of the Ohio Parks and Natural Resources Fund (Fund 7031) that are	7495
not otherwise appropriated.	7496

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	7497

C72549	ODNR Facilities Development	$	500,000	7498
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	250,000	7499
C725E1	NatureWorks Local Park Grants	$	4,790,000	7500
C725E5	Project Planning	$	400,000	7501
C725M0	Dam Rehabilitation - Department	$	~~10,000,000~~ 40,000,000	7502
C725N5	Wastewater/Water Systems Upgrade - Department	$	8,000,000	7503
Total Department of Natural Resources		$	~~23,940,000~~ 53,940,000	7504
TOTAL Ohio Parks and Natural Resources Fund		$	~~23,940,000~~ 53,940,000	7505

Sec. 203.83. The Ohio Public Facilities Commission is hereby	7507
authorized to issue and sell, in accordance with Section 21 of	7508
Article VIII, Ohio Constitution, and Chapter 151. and particularly	7509
sections 151.01 and 151.05 of the Revised Code, original	7510
obligations in an aggregate principal amount not to exceed	7511
$~~23,000,000~~53,000,000 in addition to the original issuance of	7512
obligations heretofore authorized by prior acts of the General	7513
Assembly. These authorized obligations shall be issued, subject to	7514
applicable constitutional and statutory limitations, as needed to	7515
provide sufficient moneys to the credit of the Ohio Parks and	7516
Natural Resources Fund (Fund 7031) to pay costs of capital	7517
facilities as defined in sections 151.01 and 151.05 of the Revised	7518
Code.	7519

Section 601.21. That existing Sections 203.80 and 203.83 of	7520
Sub. H.B. 482 of the 129th General Assembly are hereby repealed.	7521

Section 701.10. The Auditor of State shall conduct a	7522
performance audit of the Department of Transportation. The	7523
Department shall cooperate fully with the Auditor of State in the	7524
conduct of the performance audit.	7525

Section 701.20. To the extent permitted by federal law,	7526
federal money received by the state for fiscal stabilization and	7527
recovery purposes shall be used in accordance with the preferences	7528
for products and services made or performed in the United States	7529
and Ohio established in section 125.09 of the Revised Code.	7530

Section 747.10. On the effective date of the amendments made	7531
to section 4765.02 of the Revised Code by this act, the member of	7532
the renamed State Board of Emergency Medical, Fire, and	7533
Transportation Services who is an administrator of an adult or	7534
pediatric trauma center shall cease to be a member of the Board.	7535
On the effective date of the amendments made to section 4765.02 of	7536
the Revised Code by this act, the member of the renamed State	7537
Board of Emergency Medical, Fire, and Transportation Services who	7538
is a member of the Ohio Ambulance Association shall cease to be a	7539
member of the Board. On the effective date of the amendments made	7540
to section 4765.02 of the Revised Code by this act, the member of	7541
the renamed State Board of Emergency Medical, Fire, and	7542
Transportation Services who is a physician certified by the	7543
American board of surgery, American board of osteopathic surgery,	7544
American osteopathic board of emergency medicine, or American	7545
board of emergency medicine, is chief medical officer of an air	7546
medical agency, and is currently active in providing emergency	7547
medical services shall cease to be a member of the Board. On the	7548
effective date of the amendments made to section 4765.02 of the	7549
Revised Code by this act, of the members of the renamed State	7550
Board of Emergency Medical, Fire, and Transportation Services who	7551
were EMTs, AEMTs, or paramedics and were appointed to the Board in	7552
that capacity, only the members who are designated by the Governor	7553
to continue to be members of the Board shall continue to be so;	7554
the other persons shall cease to be members of the Board. On the	7555
effective date of the amendments made to section 4765.02 of the	7556
Revised Code by this act, the member of the renamed State Board of	7557
Emergency Medical, Fire, and Transportation Services who is a	7558
registered nurse and is in the active practice of emergency	7559
nursing shall cease to be a member of the Board. Not later than	7560
sixty days after the effective date of those amendments, the	7561
Governor shall appoint to the renamed State Board of Emergency	7562
Medical, Fire, and Transportation Services a registered nurse with	7563
EMS certification who performs mobile intensive care or air	7564
medical transport. The Governor shall appoint this member from	7565
among three persons nominated by the Ohio Nurses Association,	7566
three persons nominated by the Ohio Association of Critical Care	7567
Transport, and three persons nominated by the Ohio State Council	7568
of the Emergency Nurses Association.	7569

On the effective date of the amendments made to section	7570
4765.02 of the Revised Code by this act, all members of the former	7571
State Board of Emergency Medical Services who do not cease to be	7572
members of the renamed State Board of Emergency Medical, Fire, and	7573
Transportation Services by the terms of this act shall continue to	7574
be members of the renamed State Board of Emergency Medical, Fire,	7575
and Transportation Services, and the dates on which the terms of	7576
the continuing members expire shall be the dates on which their	7577
terms as members of the former State Board of Emergency Medical	7578
Services expired. On the effective date of the amendments made to	7579
section 4765.02 of the Revised Code by this act, the following	7580
members of the former Ohio Medical Transportation Board shall	7581
become members of the State Board of Emergency Medical, Fire, and	7582
Transportation Services, and the dates on which those members'	7583
terms on the State Board of Emergency Medical, Fire, and	7584
Transportation Services expire shall be as follows:	7585

The person who owns or operates a private emergency medical	7586
service organization operating in this state, as designated by the	7587
Governor, term ends November 12, 2014;	7588

The person who owns or operates a nonemergency medical	7589
service organization that provides only ambulette services, term	7590
ends November 12, 2014;	7591

The person who is a member of the Ohio Association of	7592
Critical Care Transport and represents air-based services, term	7593
ends November 12, 2015;	7594

The person who is a member of the Ohio Association of	7595
Critical Care Transport and represents a ground-based mobile	7596
intensive care unit organization, term ends November 12, 2015.	7597

All subsequent terms of office for these four positions on	7598
the State Board of Emergency Medical, Fire, and Transportation	7599
Services shall be for three years as provided in section 4765.02	7600
of the Revised Code.	7601

On July 1, 2013, the Medical Transportation Board and all of	7602
its functions are transferred to the Department of Public Safety.	7603
As of such date, the Medical Transportation Board shall operate	7604
under the Department of Public Safety, which shall assume all of	7605
the Board's functions. All assets, liabilities, any capital	7606
spending authority related thereto, and equipment and records,	7607
regardless of form or medium, related to the Medical	7608
Transportation Board's functions are transferred to the Department	7609
of Public Safety on July 1, 2013.	7610

No validation, cure, right, privilege, remedy, obligation, or	7611
liability is lost or impaired by reason of the transfer. All of	7612
the Medical Transportation Board's rules, orders, and	7613
determinations continue in effect as rules, orders, and	7614
determinations of the Department of Public Safety until modified	7615
or rescinded by the Department of Public Safety.	7616

No action or proceeding pending on July 1, 2013, is affected	7617
by the transfer and any action or proceeding pending on July 1,	7618
2013, shall be prosecuted or defended in the name of the	7619
Department of Public Safety or its director. In all such actions	7620
and proceedings, the Department of Public Safety or its director,	7621
upon application to the court, shall be substituted as a party.	7622

On or after July 1, 2013, notwithstanding any provision of	7623
law to the contrary, the Director of Budget and Management shall	7624
take any action with respect to budget changes made necessary by	7625
the transfer. The Director may transfer cash balances between	7626
funds. The Director may cancel encumbrances in 915604, Operating	7627
Expenses, and reestablish encumbrances or parts of encumbrances in	7628
765624, Operating - EMS, as needed in the fiscal year in the	7629
appropriate fund and appropriation item for the same purpose and	7630
to the same vendor. As determined by the Director, encumbrances	7631
reestablished in the fiscal year in a different fund or	7632
appropriation item used by an agency or between agencies are	7633
appropriated. The Director shall reduce each year's appropriation	7634
balances by the amount of the encumbrance canceled in their	7635
respective funds and appropriation item. Any unencumbered or	7636
unallocated appropriation balances from the previous fiscal year	7637
may be transferred to the appropriate appropriation item to be	7638
used for the same purposes, as determined by the Director. Any	7639
such transfers are hereby appropriated.	7640

This section is exempt from the referendum under Ohio	7641
Constitution, Article II, Section 1d and section 1.471 of the	7642
Revised Code and therefore takes effect immediately when this act	7643
becomes law.	7644

Section 755.10. The Director of Transportation may enter into	7645
agreements as provided in this section with the United States or	7646
any department or agency of the United States, including, but not	7647
limited to, the United States Army Corps of Engineers, the United	7648
States Forest Service, the United States Environmental Protection	7649
Agency, and the United States Fish and Wildlife Service. An	7650
agreement entered into pursuant to this section shall be solely	7651
for the purpose of dedicating staff to the expeditious and timely	7652
review of environmentally related documents submitted by the	7653
Director of Transportation, as necessary for the approval of	7654
federal permits. The agreements may include provisions for advance	7655
payment by the Director of Transportation for labor and all other	7656
identifiable costs of the United States or any department or	7657
agency of the United States providing the services, as may be	7658
estimated by the United States, or the department or agency of the	7659
United States. The Director shall submit a request to the	7660
Controlling Board indicating the amount of the agreement, the	7661
services to be performed by the United States or the department or	7662
agency of the United States, and the circumstances giving rise to	7663
the agreement.	7664

Section 757.10. Notwithstanding Chapter 5735. of the Revised	7666
Code, the following shall apply for the period of July 1, 2013,	7667
through June 30, 2015:	7668

(A) For the discount under section 5735.06 of the Revised	7669
Code, if the monthly report is timely filed and the tax is timely	7670
paid, one per cent of the total number of gallons of motor fuel	7671
received by the motor fuel dealer within the state during the	7672
preceding calendar month, less the total number of gallons	7673
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	7674
the Revised Code, less one-half of one per cent of the total	7675
number of gallons of motor fuel that were sold to a retail dealer	7676
during the preceding calendar month.	7677

(B) For the semiannual periods ending December 31, 2013, June	7678
30, 2014, December 31, 2014, and June 30, 2015, the refund	7679
provided to retail dealers under section 5735.141 of the Revised	7680
Code shall be one-half of one per cent of the Ohio motor fuel	7681
taxes paid on fuel purchased during those semiannual periods.	7682

Section 757.20. (A) The Department of Taxation shall notify	7683
taxpayers of the requirement to separately identify taxable gross	7684
receipts attributable to motor fuel used for propelling vehicles	7685
on public highways as distinguished from other taxable gross	7686
receipts. The Department shall collect data from taxpayers	7687
affected by the amendments to sections 5751.02, 5751.051, and	7688
5751.20 of the Revised Code to determine which of such taxpayers'	7689
receipts received between December 7, 2012, and June 30, 2013,	7690
were attributable to motor fuel used for propelling vehicles on	7691
public highways.	7692

(B)(1) On or before June 30, 2013, the Tax Commissioner shall	7693
certify to the Director of Budget and Management an estimated	7694
amount of commercial activity tax revenue received between	7695
December 7, 2012, and June 30, 2013, derived from taxable gross	7696
receipts attributable to motor fuel used for propelling vehicles	7697
on public highways. The Director shall transfer the amount so	7698
certified from the General Revenue Fund to the Commercial Activity	7699
Tax Motor Fuel Receipts Fund.	7700

(2) Before the Director of Budget and Management completes	7701
the transfer required under division (B)(2) of section 5751.20 of	7702
the Revised Code on or before November 20, 2013, the Commissioner	7703
shall certify a reconciliation of the amount described in division	7704
(B)(1) of this section to the Director based on information the	7705
Commissioner receives from taxpayers affected by the amendment by	7706
this act of sections 5751.02, 5751.051, and 5751.20 of the Revised	7707
Code. The director shall use that certified, reconciled amount to	7708
offset or augment the transfer required to be made by the Director	7709
on or before November 20, 2013.	7710

Section 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	7711
APPROPRIATIONS	7712

Law contained in the main operating appropriations act of the	7713
130th General Assembly that is generally applicable to the	7714
appropriations made in the main operating appropriations act also	7715
is generally applicable to the appropriations made in this act.	7716

Section 801.20. As used in the uncodified law of this act,	7717
"American Recovery and Reinvestment Act of 2009" means the	7718
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	7719
111-5, 123 Stat. 115.	7720

Section 806.10. The items of law contained in this act, and	7721
their applications, are severable. If any item of law contained in	7722
this act, or if any application of any item of law contained in	7723
this act, is held invalid, the invalidity does not affect other	7724
items of law contained in this act and their applications that can	7725
be given effect without the invalid item or application.	7726

Section 812.10. Except as otherwise provided in this act,	7727
the amendment, enactment, or repeal by this act of a section of	7728
law is subject to the referendum under Ohio Constitution, Article	7729
II, Section 1c and therefore takes effect on the ninety-first day	7730
after this act is filed with the Secretary of State or, if a later	7731
effective date is specified below, on that date.	7732

Section 812.20. In this section, an "appropriation" includes	7733
another provision of law in this act that relates to the subject	7734
of the appropriation.	7735

An appropriation of money made in this act is not subject to	7736
the referendum insofar as a contemplated expenditure authorized	7737
thereby is wholly to meet a current expense within the meaning of	7738
Ohio Constitution, Article II, Section 1d and section 1.471 of the	7739
Revised Code. To that extent, the appropriation takes effect	7740
immediately when this act becomes law. Conversely, the	7741
appropriation is subject to the referendum insofar as a	7742
contemplated expenditure authorized thereby is wholly or partly	7743
not to meet a current expense within the meaning of Ohio	7744
Constitution, Article II, Section 1d and section 1.471 of the	7745
Revised Code. To that extent, the appropriation takes effect on	7746
the ninety-first day after this act is filed with the Secretary of	7747
State.	7748

Section 812.30. The amendment by this act of Section 10 of	7749
Am. Sub. H.B. 386 of the 129th General Assembly goes into	7750
immediate effect.	7751

Section 815.10. The General Assembly, applying the principle	7752
stated in division (B) of section 1.52 of the Revised Code that	7753
amendments are to be harmonized if reasonably capable of	7754
simultaneous operation, finds that the following sections,	7755
presented in this act as composites of the sections as amended by	7756
the acts indicated, are the resulting versions of the sections in	7757
effect prior to the effective date of the sections as presented in	7758
this act:	7759

Section 5751.20 of the Revised Code as amended by both Am.	7760
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	7761