As Pending in the Senate Transportation Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 51




A BILL
To amend sections 9.33, 123.21, 126.06, 126.503, 1
127.14, 153.01, 153.65, 164.05, 307.05, 307.051, 2
307.055, 505.37, 505.375, 505.44, 505.72, 718.01, 3
2937.221, 3354.13, 3355.10, 3357.12, 3705.242, 4
3791.12, 3791.13, 3791.99, 4501.01, 4501.03, 5
4501.04, 4501.041, 4501.042, 4501.043, 4501.06, 6
4503.03, 4503.04, 4503.042, 4503.07, 4503.103, 7
4503.11, 4503.19, 4503.191, 4503.22, 4503.42, 8
4503.45, 4503.49, 4504.19, 4504.21, 4505.11, 9
4506.08, 4506.09, 4507.011, 4507.05, 4507.23, 10
4511.01, 4511.13, 4511.21, 4511.61, 4513.263, 11
4513.34, 4513.53, 4513.66, 4517.021, 4561.01, 12
4561.06, 4561.07, 4561.08, 4561.09, 4561.12, 13
4561.21, 4743.05, 4765.02, 4765.03, 4765.04, 14
4765.05, 4765.06, 4765.07, 4765.08, 4765.09, 15
4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 16
4765.112, 4765.113, 4765.114, 4765.115, 4765.116, 17
4765.12, 4765.15, 4765.16, 4765.17, 4765.18, 18
4765.22, 4765.23, 4765.28, 4765.29, 4765.30, 19
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 20
4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 21
4765.55, 4765.56, 4766.01, 4766.03, 4766.04, 22
4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 23
4766.11, 4766.12, 4766.13, 4766.15, 4766.22, 24
5501.03, 5501.17, 5501.31, 5501.73, 5501.77, 25
5502.01, 5503.01, 5503.03, 5503.04, 5503.31, 26
5503.32, 5513.01, 5517.02, 5525.01, 5525.16, 27
5526.01, 5533.31, 5537.01, 5537.02, 5537.03, 28
5537.04, 5537.05, 5537.051, 5537.06, 5537.07, 29
5537.08, 5537.09, 5537.11, 5537.12, 5537.13, 30
5537.14, 5537.15, 5537.16, 5537.17, 5537.19, 31
5537.20, 5537.21, 5537.22, 5537.24, 5537.25, 32
5537.26, 5537.27, 5537.28, 5537.30, 5728.01, 33
5735.05, 5735.23, 5739.02, 5747.01, 5751.01, 34
5751.02, 5751.051, and 5751.20; to enact sections 35
4501.031, 4503.192, 4503.83, 4765.59, 5517.021, 36
5537.18, 5553.051, and 5577.044; and to repeal 37
sections 126.60, 126.601, 126.602, 126.603, 38
126.604, 126.605, 3791.11, 4766.02, 4766.20, 39
4981.36, and 4981.361 of the Revised Code; to 40
amend Section 10 of Am. Sub. H.B. 386 of the 129th 41
General Assembly; and to amend Sections 203.80 and 42
203.83 of Sub. H.B. 482 of the 129th General 43
Assembly; to amend the versions of sections 44
4501.01, 4503.04, 4503.22, 4507.05, and 4511.01 of 45
the Revised Code that are scheduled to take effect 46
January 1, 2017, to continue the amendments by 47
this act on and after that effective date; to make 48
appropriations for programs related to 49
transportation and public safety for the biennium 50
beginning July 1, 2013, and ending June 30, 2015, 51
and to provide authorization and conditions for 52
the operation of those programs.53


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

       Section 101.01.  That sections 9.33, 123.21, 126.06, 126.503, 54
127.14, 153.01, 153.65, 164.05, 307.05, 307.051, 307.055, 505.37, 55
505.375, 505.44, 505.72, 718.01, 2937.221, 3354.13, 3355.10, 56
3357.12, 3705.242, 3791.12, 3791.13, 3791.99, 4501.01, 4501.03, 57
4501.04, 4501.041, 4501.042, 4501.043, 4501.06, 4503.03, 4503.04, 58
4503.042, 4503.07, 4503.103, 4503.11, 4503.19, 4503.191, 4503.22, 59
4503.42, 4503.45, 4503.49, 4504.19, 4504.21, 4505.11, 4506.08, 60
4506.09, 4507.011, 4507.05, 4507.23, 4511.01, 4511.13, 4511.21, 61
4511.61, 4513.263, 4513.34, 4513.53, 4513.66, 4517.021, 4561.01, 62
4561.06, 4561.07, 4561.08, 4561.09, 4561.12, 4561.21, 4743.05, 63
4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08, 64
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112, 65
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16, 66
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30, 67
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40, 68
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03, 69
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 70
4766.12, 4766.13, 4766.15, 4766.22, 5501.03, 5501.17, 5501.31, 71
5501.73, 5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 5503.31, 72
5503.32, 5513.01, 5517.02, 5525.01, 5525.16, 5526.01, 5533.31, 73
5537.01, 5537.02, 5537.03, 5537.04, 5537.05, 5537.051, 5537.06, 74
5537.07, 5537.08, 5537.09, 5537.11, 5537.12, 5537.13, 5537.14, 75
5537.15, 5537.16, 5537.17, 5537.19, 5537.20, 5537.21, 5537.22, 76
5537.24, 5537.25, 5537.26, 5537.27, 5537.28, 5537.30, 5728.01, 77
5735.05, 5735.23, 5739.02, 5747.01, 5751.01, 5751.02, 5751.051, 78
and 5751.20 be amended, and sections 4501.031, 4503.192, 4503.83, 79
4765.59, 5517.021, 5537.18, 5553.051, and 5577.044 of the Revised 80
Code be enacted to read as follows:81

       Sec. 9.33.  As used in sections 9.33 to 9.335 of the Revised 82
Code:83

       (A) "Construction manager" means a person with substantial 84
discretion and authority to plan, coordinate, manage, and direct 85
all phases of a project for the construction, demolition, 86
alteration, repair, or reconstruction of any public building, 87
structure, or other improvement, but does not mean the person who 88
provides the professional design services or who actually performs 89
the construction, demolition, alteration, repair, or 90
reconstruction work on the project.91

       (B)(1) "Construction manager at risk" means a person with 92
substantial discretion and authority to plan, coordinate, manage, 93
direct, and construct all phases of a project for the 94
construction, demolition, alteration, repair, or reconstruction of 95
any public building, structure, or other improvement and who 96
provides the public authority a guaranteed maximum price as 97
determined in section 9.334 of the Revised Code. 98

       (2) As used in division (B)(1) of this section:99

       (a) "Construct" includes performing, or subcontracting for 100
performing, construction, demolition, alteration, repair, or 101
reconstruction.102

       (b) "Manage" includes approving bidders and awarding 103
subcontracts for furnishing materials regarding, or for 104
performing, construction, demolition, alteration, repair, or 105
reconstruction.106

       (C) "Construction management contract" means a contract 107
between a public authority and another person obligating the 108
person to provide construction management services.109

       (D) "Construction management services" or "management 110
services" means the range of services that either a construction 111
manager or a construction manager at risk may provide.112

       (E) "Qualified" means having the following qualifications:113

       (1) Competence to perform the required management services as 114
indicated by the technical training, education, and experience of 115
the construction manager's or construction manager at risk's 116
personnel, especially the technical training, education, and 117
experience of the construction manager's or construction manager 118
at risk's employees who would be assigned to perform the services;119

       (2) Ability in terms of workload and the availability of 120
qualified personnel, equipment, and facilities to perform the 121
required management services competently and expeditiously;122

       (3) Past performance as reflected by the evaluations of 123
previous clients with respect to factors such as control of costs, 124
quality of work, and meeting of deadlines;125

       (4) Financial responsibility as evidenced by the capability 126
to provide a letter of credit pursuant to Chapter 1305. of the 127
Revised Code, a surety bond, certified check, or cashier's check 128
in an amount equal to the value of the construction management 129
contract, or by other means acceptable to the public authority;130

       (5) Other similar factors.131

       (F)(1) "Public authority" means the state, any state 132
institution of higher education as defined in section 3345.011 of 133
the Revised Code, any county, township, municipal corporation, 134
school district, or other political subdivision, or any public 135
agency, authority, board, commission, instrumentality, or special 136
purpose district of the state or of a political subdivision.137

       (2) "Public authority" does not include the Ohio turnpike 138
commissionthe department of transportation.139

       (G) "Open book pricing method" means a method in which a 140
construction manager at risk provides the public authority, at the 141
public authority's request, all books, records, documents, and 142
other data in its possession pertaining to the bidding, pricing, 143
or performance of a construction management contract awarded to 144
the construction manager at risk.145

       Sec. 123.21.  (A) The Ohio facilities construction commission 146
may perform any act and ensure the performance of any function 147
necessary or appropriate to carry out the purposes of, and 148
exercise the powers granted under this chapter or any other 149
provision of the Revised Code, including any of the following:150

       (1) Prepare, or contract to be prepared, by licensed 151
engineers or architects, surveys, general and detailed plans, 152
specifications, bills of materials, and estimates of cost for any 153
projects, improvements, or public buildings to be constructed by 154
state agencies that may be authorized by legislative 155
appropriations or any other funds made available therefor, 156
provided that the construction of the projects, improvements, or 157
public buildings is a statutory duty of the commission. This 158
section does not require the independent employment of an 159
architect or engineer as provided by section 153.01 of the Revised 160
Code in the cases to which section 153.01 of the Revised Code 161
applies. This section does not affect or alter the existing powers 162
of the director of transportation.163

       (2) Have general supervision over the construction of any 164
projects, improvements, or public buildings constructed for a 165
state agency and over the inspection of materials prior to their 166
incorporation into those projects, improvements, or buildings.167

       (3) Make contracts for and supervise the design and 168
construction of any projects and improvements or the construction 169
and repair of buildings under the control of a state agency. All 170
such contracts may be based in whole or in part on the unit price 171
or maximum estimated cost, with payment computed and made upon 172
actual quantities or units.173

       (4) Adopt, amend, and rescind rules pertaining to the 174
administration of the construction of the public works of the 175
state as required by law, in accordance with Chapter 119. of the 176
Revised Code.177

       (5) Contract with, retain the services of, or designate, and 178
fix the compensation of, such agents, accountants, consultants, 179
advisers, and other independent contractors as may be necessary or 180
desirable to carry out the programs authorized under this chapter, 181
or authorize the executive director to perform such powers and 182
duties.183

       (6) Receive and accept any gifts, grants, donations, and 184
pledges, and receipts therefrom, to be used for the programs 185
authorized under this chapter.186

       (7) Make and enter into all contracts, commitments, and 187
agreements, and execute all instruments, necessary or incidental 188
to the performance of its duties and the execution of its rights 189
and powers under this chapter, or authorize the executive director 190
to perform such powers and duties.191

        (8) Debar a contractor as provided in section 153.02 of the 192
Revised Code.193

       (B) The commission shall appoint, with the advice and consent 194
of the senate, and fix the compensation of an executive director 195
who shall serve at the pleasure of the commission. The executive 196
director shall exercise all powers that the commission possesses, 197
supervise the operations of the commission, and perform such other 198
duties as delegated by the commission. The executive director also 199
shall employ and fix the compensation of such employees as will 200
facilitate the activities and purposes of the commission, who 201
shall serve at the pleasure of the executive director. The 202
employees of the commission are exempt from Chapter 4117. of the 203
Revised Code and are not considered public employees as defined in 204
section 4117.01 of the Revised Code. Any agreement entered into 205
prior to July 1, 2012, between the office of collective bargaining 206
and the exclusive representative for employees of the commission 207
is binding and shall continue to have effect.208

       (C) The attorney general shall serve as the legal 209
representative for the commission and may appoint other counsel as 210
necessary for that purpose in accordance with section 109.07 of 211
the Revised Code.212

       Sec. 126.06.  The total operating fund consists of all funds 213
in the state treasury except the auto registration distribution 214
fund, local motor vehicle license tax fund, development bond 215
retirement fund, facilities establishment fund, gasoline excise 216
tax fund, higher education improvement fund, highway improvement 217
bond retirement fund, highway obligations bond retirement fund, 218
highway capital improvement fund, improvements bond retirement 219
fund, mental health facilities improvement fund, parks and 220
recreation improvement fund, public improvements bond retirement 221
fund, school district income tax fund, state agency facilities 222
improvement fund, state and local government highway distribution 223
fund, state highway safety fund, Vietnam conflict compensation 224
fund, any other fund determined by the director of budget and 225
management to be a bond fund or bond retirement fund, and such 226
portion of the highway operating fund as is determined by the 227
director of budget and management and the director of 228
transportation to be restricted by Section 5a of Article XII, Ohio 229
Constitution.230

       When determining the availability of money in the total 231
operating fund to pay claims chargeable to a fund contained within 232
the total operating fund, the director of budget and management 233
shall use the same procedures and criteria the director employs in 234
determining the availability of money in a fund contained within 235
the total operating fund. The director may establish limits on the 236
negative cash balance of the general revenue fund within the total 237
operating fund, but in no case shall the negative cash balance of 238
the general revenue fund exceed ten per cent of the total revenue 239
of the general revenue fund in the preceding fiscal year.240

       Sec. 126.503.  All state agencies shall control nonessential241
travel expenses by doing all of the following: 242

       (A) Complying with any travel directives issued by the 243
director of budget and management;244

       (B) Using, when possible, the online travel authorization and 245
expense reimbursement process;246

       (C) Conducting meetings, whenever possible and in compliance 247
with section 121.22 of the Revised Code, using conference calls, 248
teleconferences, webinars, or other technology tools; 249

       (D) Using fleet vehicles for official state travel whenever 250
possible; and251

       (E) Following restrictions set by the department of 252
administrative services regarding mileage reimbursement pursuant 253
to section 125.832 of the Revised Code.254

       In addition to the methods of travel expense control listed 255
above, a state agency may use a state-contracted rental vehicle 256
provider for employee vehicle travel exceeding one hundred miles.257

        The director of budget and management shall not reimburse any 258
state agency employee for unauthorized travel expenses.259

       Sec. 127.14.  The controlling board may, at the request of 260
any state agency or the director of budget and management, 261
authorize, with respect to the provisions of any appropriation 262
act:263

       (A) Transfers of all or part of an appropriation within but 264
not between state agencies, except such transfers as the director 265
of budget and management is authorized by law to make, provided 266
that no transfer shall be made by the director for the purpose of 267
effecting new or changed levels of program service not authorized 268
by the general assembly;269

       (B) Transfers of all or part of an appropriation from one 270
fiscal year to another;271

       (C) Transfers of all or part of an appropriation within or 272
between state agencies made necessary by administrative 273
reorganization or by the abolition of an agency or part of an 274
agency;275

       (D) Transfers of all or part of cash balances in excess of 276
needs from any fund of the state to the general revenue fund or to 277
such other fund of the state to which the money would have been 278
credited in the absence of the fund from which the transfers are 279
authorized to be made, except that the controlling board may not 280
authorize such transfers from the accrued leave liability fund, 281
auto registration distribution fund, local motor vehicle license 282
tax fund, budget stabilization fund, development bond retirement 283
fund, facilities establishment fund, gasoline excise tax fund, 284
general revenue fund, higher education improvement fund, highway 285
improvement bond retirement fund, highway obligations bond 286
retirement fund, highway capital improvement fund, highway 287
operating fund, horse racing tax fund, improvements bond 288
retirement fund, public library fund, liquor control fund, local 289
government fund, local transportation improvement program fund, 290
mental health facilities improvement fund, Ohio fairs fund, parks 291
and recreation improvement fund, public improvements bond 292
retirement fund, school district income tax fund, state agency 293
facilities improvement fund, state and local government highway 294
distribution fund, state highway safety fund, state lottery fund, 295
undivided liquor permit fund, Vietnam conflict compensation bond 296
retirement fund, volunteer fire fighters' dependents fund, 297
waterways safety fund, wildlife fund, workers' compensation fund, 298
or any fund not specified in this division that the director of 299
budget and management determines to be a bond fund or bond 300
retirement fund;301

       (E) Transfers of all or part of those appropriations included 302
in the emergency purposes account of the controlling board;303

       (F) Temporary transfers of all or part of an appropriation or 304
other moneys into and between existing funds, or new funds, as may 305
be established by law when needed for capital outlays for which 306
notes or bonds will be issued;307

       (G) Transfer or release of all or part of an appropriation to 308
a state agency requiring controlling board approval of such 309
transfer or release as provided by law;310

       (H) Temporary transfer of funds included in the emergency 311
purposes appropriation of the controlling board. Such temporary 312
transfers may be made subject to conditions specified by the 313
controlling board at the time temporary transfers are authorized. 314
No transfers shall be made under this division for the purpose of 315
effecting new or changed levels of program service not authorized 316
by the general assembly.317

       As used in this section, "request" means an application by a 318
state agency or the director of budget and management seeking some 319
action by the controlling board.320

       When authorizing the transfer of all or part of an 321
appropriation under this section, the controlling board may 322
authorize the transfer to an existing appropriation item and the 323
creation of and transfer to a new appropriation item.324

       Whenever there is a transfer of all or part of funds included 325
in the emergency purposes appropriation by the controlling board, 326
pursuant to division (E) of this section, the state agency or the 327
director of budget and management receiving such transfer shall 328
keep a detailed record of the use of the transferred funds. At the 329
earliest scheduled meeting of the controlling board following the 330
accomplishment of the purposes specified in the request originally 331
seeking the transfer, or following the total expenditure of the 332
transferred funds for the specified purposes, the state agency or 333
the director of budget and management shall submit a report on the 334
expenditure of such funds to the board. The portion of any 335
appropriation so transferred which is not required to accomplish 336
the purposes designated in the original request to the controlling 337
board shall be returned to the proper appropriation of the 338
controlling board at this time.339

       Notwithstanding any provisions of law providing for the 340
deposit of revenues received by a state agency to the credit of a 341
particular fund in the state treasury, whenever there is a 342
temporary transfer of funds included in the emergency purposes 343
appropriation of the controlling board pursuant to division (H) of 344
this section, revenues received by any state agency receiving such 345
a temporary transfer of funds shall, as directed by the 346
controlling board, be transferred back to the emergency purposes 347
appropriation.348

       The board may delegate to the director of budget and 349
management authority to approve transfers among items of 350
appropriation under division (A) of this section.351

       Sec. 153.01. (A) Whenever any building or structure for the 352
use of the state or any institution supported in whole or in part 353
by the state or in or upon the public works of the state that is 354
administered by the Ohio facilities construction commission or by 355
any other state officer or state agency authorized by law to 356
administer a project, including an educational institution listed 357
in section 3345.50 of the Revised Code, is to be erected or 358
constructed, whenever additions, alterations, or structural or 359
other improvements are to be made, or whenever heating, cooling, 360
or ventilating plants or other equipment is to be installed or 361
material supplied therefor, the estimated cost of which amounts to 362
two hundred thousand dollars or more, or the amount determined 363
pursuant to section 153.53 of the Revised Code or more, each 364
officer, board, or other authority upon which devolves the duty of 365
constructing, erecting, altering, or installing the same, referred 366
to in sections 153.01 to 153.60 of the Revised Code as the public 367
authority, shall cause to be made, by an architect or engineer 368
whose contract of employment shall be prepared and approved by the 369
attorney general, the following:370

       (1) Full and accurate plans, suitable for the use of 371
mechanics and other builders in the construction, improvement, 372
addition, alteration, or installation;373

       (2) Details to scale and full-sized, so drawn and represented 374
as to be easily understood;375

       (3) Definite and complete specifications of the work to be 376
performed, together with directions that will enable a competent 377
mechanic or other builder to carry them out and afford bidders all 378
needful information;379

       (4) A full and accurate estimate of each item of expense and 380
the aggregate cost of those items of expense;381

       (5) A life-cycle cost analysis;382

       (6) Further data as may be required by the Ohio facilities 383
construction commission.384

       (B)(1) Division (A) of this section shall not be required 385
with respect to a construction management contract entered into 386
with a construction manager at risk as described in section 9.334 387
of the Revised Code or a design-build contract entered into with a 388
design-build firm as described in section 153.693 of the Revised 389
Code.390

       (2) Nothing in this chapter shall interfere with the power of 391
the director of transportation to prepare plans for, acquire 392
rights-of-way for, construct, or maintain transportation 393
facilities, or to let contracts for those purposes.394

       Sec. 153.65.  As used in sections 153.65 to 153.73 of the 395
Revised Code:396

       (A)(1) "Public authority" means the state, a state 397
institution of higher education as defined in section 3345.011 of 398
the Revised Code, a county, township, municipal corporation, 399
school district, or other political subdivision, or any public 400
agency, authority, board, commission, instrumentality, or special 401
purpose district of the state or of a political subdivision.402

       (2) "Public authority" does not include the Ohio turnpike 403
commissionthe department of transportation.404

       (B) "Professional design firm" means any person legally 405
engaged in rendering professional design services.406

       (C) "Professional design services" means services within the 407
scope of practice of an architect or landscape architect 408
registered under Chapter 4703. of the Revised Code or a 409
professional engineer or surveyor registered under Chapter 4733. 410
of the Revised Code.411

       (D) "Qualifications" means all of the following:412

       (1)(a) For a professional design firm, competence to perform 413
the required professional design services as indicated by the 414
technical training, education, and experience of the firm's 415
personnel, especially the technical training, education, and 416
experience of the employees within the firm who would be assigned 417
to perform the services;418

       (b) For a design-build firm, competence to perform the 419
required design-build services as indicated by the technical 420
training, education, and experience of the design-build firm's 421
personnel and key consultants, especially the technical training, 422
education, and experience of the employees and consultants of the 423
design-build firm who would be assigned to perform the services, 424
including the proposed architect or engineer of record.425

       (2) Ability of the firm in terms of its workload and the 426
availability of qualified personnel, equipment, and facilities to 427
perform the required professional design services or design-build 428
services competently and expeditiously;429

       (3) Past performance of the firm as reflected by the 430
evaluations of previous clients with respect to such factors as 431
control of costs, quality of work, and meeting of deadlines;432

       (4) Any other relevant factors as determined by the public 433
authority;434

       (5) With respect to a design-build firm, compliance with 435
sections 4703.182, 4703.332, and 4733.16 of the Revised Code, 436
including the use of a licensed design professional for all design 437
services.438

       (E) "Design-build contract" means a contract between a public 439
authority and another person that obligates the person to provide 440
design-build services.441

       (F) "Design-build firm" means a person capable of providing 442
design-build services.443

       (G) "Design-build services" means services that form an 444
integrated delivery system for which a person is responsible to a 445
public authority for both the design and construction, demolition, 446
alteration, repair, or reconstruction of a public improvement.447

       (H) "Architect or engineer of record" means the architect or 448
engineer that serves as the final signatory on the plans and 449
specifications for the design-build project.450

       (I) "Criteria architect or engineer" means the architect or 451
engineer retained by a public authority to prepare conceptual 452
plans and specifications, to assist the public authority in 453
connection with the establishment of the design criteria for a 454
design-build project, and, if requested by the public authority, 455
to serve as the representative of the public authority and 456
provide, during the design-build project, other design and 457
construction administration services on behalf of the public 458
authority, including but not limited to, confirming that the 459
design prepared by the design-build firm reflects the original 460
design intent established in the design criteria package.461

       (J) "Open book pricing method" means a method in which a 462
design-build firm provides the public authority, at the public 463
authority's request, all books, records, documents, contracts, 464
subcontracts, purchase orders, and other data in its possession 465
pertaining to the bidding, pricing, or performance of a contract 466
for design-build services awarded to the design-build firm.467

       Sec. 164.05.  (A) The director of the Ohio public works 468
commission shall do all of the following:469

       (1) Approve requests for financial assistance from district 470
public works integrating committees and enter into agreements with 471
one or more local subdivisions to provide loans, grants, and local 472
debt support and credit enhancements for a capital improvement 473
project if the director determines that:474

       (a) The project is an eligible project pursuant to this 475
chapter;476

       (b) The financial assistance for the project has been 477
properly approved and requested by the district committee of the 478
district which includes the recipient of the loan or grant;479

       (c) The amount of the financial assistance, when added to all 480
other financial assistance provided during the fiscal year for 481
projects within the district, does not exceed that district's 482
allocation of money from the state capital improvements fund for 483
that fiscal year;484

       (d) The district committee has provided such documentation 485
and other evidence as the director may require that the district 486
committee has satisfied the requirements of section 164.06 or 487
164.14 of the Revised Code;488

       (e) The portion of a district's annual allocation which the 489
director approves in the form of loans and local debt support and 490
credit enhancements for eligible projects is consistent with 491
divisions (E) and (F) of this section.492

       (2) Authorize payments to local subdivisions or their 493
contractors for costs incurred for capital improvement projects 494
which have been approved pursuant to this chapter. All requests 495
for payments shall be submitted to the director on forms and in 496
accordance with procedures specified in rules adopted by the 497
director pursuant to division (A)(4) of this section.498

       (3) Retain the services of or employ financial consultants, 499
engineers, accountants, attorneys, and such other employees as the 500
director determines are necessary to carry out the director's 501
duties under this chapter and fix the compensation for their 502
services;. From among these employees, the director shall appoint 503
a deputy with the necessary qualifications to act as the director 504
when the director is absent or temporarily unable to carry out the 505
duties of office.506

       (4) Adopt rules establishing the procedures for making 507
applications, reviewing, approving, and rejecting projects for 508
which assistance is authorized under this chapter, and any other 509
rules needed to implement the provisions of this chapter. Such 510
rules shall be adopted under Chapter 119. of the Revised Code.511

       (5) Provide information and other assistance to local 512
subdivisions and district public works integrating committees in 513
developing their requests for financial assistance for capital 514
improvements under this chapter and encourage cooperation and 515
coordination of requests and the development of multisubdivision 516
and multidistrict projects in order to maximize the benefits that 517
may be derived by districts from each year's allocation;518

       (6) Require local subdivisions, to the extent practicable, to 519
use Ohio products, materials, services, and labor in connection 520
with any capital improvement project financed in whole or in part 521
under this chapter;522

       (7) Notify the director of budget and management of all 523
approved projects, and supply all information necessary to track 524
approved projects through the state accounting system;525

       (8) Appoint the administrator of the Ohio small government 526
capital improvements commission;527

       (9) Do all other acts, enter into contracts, and execute all 528
instruments necessary or appropriate to carry out this chapter;529

       (10) Develop a standardized methodology for evaluating 530
capital improvement needs which will be used by local subdivisions 531
in preparing the plans required by division (C) of section 164.06 532
of the Revised Code. The director shall develop this methodology 533
not later than July 1, 1991.534

       (11) Establish a program to provide local subdivisions with 535
technical assistance in preparing project applications. The 536
program shall be designed to assist local subdivisions that lack 537
the financial or technical resources to prepare project 538
applications on their own.539

       (B) When the director of the Ohio public works commission 540
decides to conditionally approve or disapprove projects, the 541
director's decisions and the reasons for which they are made shall 542
be made in writing. These written decisions shall be conclusive 543
for the purposes of the validity and enforceability of such 544
determinations.545

       (C) Fees, charges, rates of interest, times of payment of 546
interest and principal, and other terms, conditions, and 547
provisions of and security for financial assistance provided 548
pursuant to the provisions of this chapter shall be such as the 549
director determines to be appropriate. If any payments required by 550
a loan agreement entered into pursuant to this chapter are not 551
paid, the funds which would otherwise be apportioned to the local 552
subdivision from the county undivided local government fund, 553
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may, 554
at the direction of the director of the Ohio public works 555
commission, be reduced by the amount payable. The county treasurer 556
shall, at the direction of the director, pay the amount of such 557
reductions to the state capital improvements revolving loan fund. 558
The director may renegotiate a loan repayment schedule with a 559
local subdivision whose payments from the county undivided local 560
government fund could be reduced pursuant to this division, but 561
such a renegotiation may occur only one time with respect to any 562
particular loan agreement.563

       (D) Grants approved for the repair and replacement of 564
existing infrastructure pursuant to this chapter shall not exceed 565
ninety per cent of the estimated total cost of the capital 566
improvement project. Grants approved for new or expanded 567
infrastructure shall not exceed fifty per cent of the estimated 568
cost of the new or expansion elements of the capital improvement 569
project. A local subdivision share of the estimated cost of a 570
capital improvement may consist of any of the following:571

       (1) The reasonable value, as determined by the director or 572
the administrator, of labor, materials, and equipment that will be 573
contributed by the local subdivision in performing the capital 574
improvement project;575

       (2) Moneys received by the local subdivision in any form from 576
an authority, commission, or agency of the United States for use 577
in performing the capital improvement project;578

       (3) Loans made to the local subdivision under this chapter;579

       (4) Engineering costs incurred by the local subdivision in 580
performing engineering activities related to the project.581

       A local subdivision share of the cost of a capital 582
improvement shall not include any amounts awarded to it from the 583
local transportation improvement program fund created in section 584
164.14 of the Revised Code.585

       (E) The following portion of a district public works 586
integrating committee's annual allocation share pursuant to 587
section 164.08 of the Revised Code may be awarded to subdivisions 588
only in the form of interest-free, low-interest, market rate of 589
interest, or blended-rate loans:590

YEAR IN WHICH PORTION USED FOR 591
MONEYS ARE ALLOCATED LOANS 592
Year 1 0% 593
Year 2 0% 594
Year 3 10% 595
Year 4 12% 596
Year 5 15% 597
Year 6 20% 598
Year 7, 8, 9, and 10 22% 599

       (F) The following portion of a district public works 600
integrating committee's annual allocation pursuant to section 601
164.08 of the Revised Code shall be awarded to subdivisions in the 602
form of local debt supported and credit enhancements:603

PORTIONS USED FOR 604
YEAR IN WHICH LOCAL DEBT SUPPORT 605
MONEYS ARE ALLOCATED AND CREDIT ENHANCEMENTS 606
Year 1 0% 607
Year 2 0% 608
Year 3 3% 609
Year 4 5% 610
Year 5 5% 611
Year 6 7% 612
Year 7 7% 613
Year 8 8% 614
Year 9 8% 615
Year 10 8% 616

       (G) For the period commencing on March 29, 1988, and ending 617
on June 30, 1993, for the period commencing July 1, 1993, and 618
ending June 30, 1999, and for each five-year period thereafter, 619
the total amount of financial assistance awarded under sections 620
164.01 to 164.08 of the Revised Code for capital improvement 621
projects located wholly or partially within a county shall be 622
equal to at least thirty per cent of the amount of what the county 623
would have been allocated from the obligations authorized to be 624
sold under this chapter during each period, if such amounts had 625
been allocable to each county on a per capita basis.626

       (H) The amount of the annual allocations made pursuant to 627
divisions (B)(1) and (5) of section 164.08 of the Revised Code 628
which can be used for new or expanded infrastructure is limited as 629
follows:630

PORTION WHICH MAY 631
YEAR IN WHICH BE USED FOR NEW OR 632
MONEYS ARE ALLOCATED EXPANSION INFRASTRUCTURE 633
Year 1 5% 634
Year 2 5% 635
Year 3 10% 636
Year 4 10% 637
Year 5 10% 638
Year 6 15% 639
Year 7 15% 640
Year 8 20% 641
Year 9 20% 642
Year 10 and each year 643
thereafter 20% 644

       (I) The following portion of a district public works 645
integrating committee's annual allocation share pursuant to 646
section 164.08 of the Revised Code shall be awarded to 647
subdivisions in the form of interest-free, low-interest, market 648
rate of interest, or blended-rate loans, or local debt support and 649
credit enhancements:650

PORTION USED FOR LOANS 651
YEAR IN WHICH OR LOCAL DEBT SUPPORT 652
MONEYS ARE ALLOCATED AND CREDIT ENHANCEMENTS 653
Year 11 and each year 654
thereafter 20% 655

       (J) No project shall be approved under this section unless 656
the project is designed to have a useful life of at least seven 657
years. In addition, the average useful life of all projects for 658
which grants or loans are awarded in each district during a 659
program year shall not be less than twenty years.660

       Sec. 307.05.  As used in this section, "emergency medical 661
service organization" has the same meaning as in section 4765.01 662
of the Revised Code.663

       A board of county commissioners may operate an ambulance 664
service organization or emergency medical service organization, 665
or, in counties with a population of forty thousand or less, may 666
operate a nonemergency patient transport service organization, or 667
may enter into a contract with one or more counties, townships, 668
municipal corporations, nonprofit corporations, joint emergency 669
medical services districts, fire and ambulance districts, or 670
private ambulance owners, regardless of whether such counties, 671
townships, municipal corporations, nonprofit corporations, joint 672
emergency medical services districts, fire and ambulance 673
districts, or private ambulance owners are located within or 674
without the state, in order to furnish or obtain the services of 675
ambulance service organizations, to furnish or obtain additional 676
services from ambulance service organizations in times of 677
emergency, to furnish or obtain the services of emergency medical 678
service organizations, or, in counties with a population of forty 679
thousand or less, to furnish or obtain services of nonemergency 680
patient transport service organizations, or may enter into a 681
contract with any such entity to furnish or obtain the interchange 682
of services from ambulance or emergency medical service 683
organizations, or, within counties with a population of forty 684
thousand or less, to furnish or obtain the interchange of services 685
from nonemergency patient transport service organizations, within 686
the territories of the contracting subdivisions. Except in the 687
case of a contract with a joint emergency medical services 688
district to obtain the services of emergency medical service 689
organizations, such contracts shall not be entered into with a 690
public agency or nonprofit corporation that receives more than 691
half of its operating funds from governmental entities with the 692
intention of directly competing with the operation of other 693
ambulance service organizations, nonemergency patient transport 694
service organizations, or emergency medical service organizations 695
in the county unless the public agency or nonprofit corporation is 696
awarded the contract after submitting the lowest and best bid to 697
the board of county commissioners. Any county wishing to commence 698
operation of a nonemergency patient transport service organization 699
or wishing to enter into a contract for the first time to furnish 700
or obtain services from a nonemergency patient transport service 701
organization on or after March 1, 1993, including a county in 702
which a private provider has been providing the service, shall 703
demonstrate the need for public funding for the service to, and 704
obtain approval from, the state board of emergency medical, fire, 705
and transportation services or its immediate successor board prior 706
to operating or funding the organization.707

       When such an organization is operated by the board, the 708
organization may be administered by the board, by the county 709
sheriff, or by another county officer or employee designated by 710
the board. All rules, including the determining of reasonable 711
rates, necessary for the establishment, operation, and maintenance 712
of such an organization shall be adopted by the board.713

       A contract for services of an ambulance service, nonemergency 714
patient transport service, or emergency medical service 715
organization shall include the terms, conditions, and stipulations 716
as agreed to by the parties to the contract. It may provide for a 717
fixed annual charge to be paid at the times agreed upon and 718
stipulated in the contract, or for compensation based upon a 719
stipulated price for each run, call, or emergency or the number of 720
persons or pieces of apparatus employed, or the elapsed time of 721
service required in such run, call, or emergency, or any 722
combination thereof.723

       Sec. 307.051.  As used in this section, "emergency medical 724
service organization" has the same meaning as in section 4766.01 725
of the Revised Code.726

       A board of county commissioners, by adoption of an 727
appropriate resolution, may choose to have the Ohiostate board of 728
emergency medical, fire, and transportation boardservices license 729
any emergency medical service organization it operates. If a board 730
adopts such a resolution, Chapter 4766. of the Revised Code, 731
except for sections 4766.06 and 4766.99 of the Revised Code, 732
applies to the county emergency medical service organization. All 733
rules adopted under the applicable sections of that chapter also 734
apply to the organization. A board, by adoption of an appropriate 735
resolution, may remove its emergency medical service organization 736
from the jurisdiction of the Ohiostate board of emergency737
medical, fire, and transportation boardservices.738

       Sec. 307.055.  (A) Subject to the terms and conditions of the 739
joint resolution creating it, each joint emergency medical 740
services district may furnish ambulance services and emergency 741
medical services by one of the following methods:742

       (1) By operating an emergency medical service organization as 743
defined in section 4765.01 of the Revised Code;744

       (2) By contracting for the operation of one or more 745
facilities pursuant to division (C) or (D) of this section;746

       (3) By providing necessary services and equipment to the 747
district either directly or under a contract entered into pursuant 748
to division (B) of this section;749

       (4) By providing service through any combination of methods 750
described in divisions (A)(1) to (3) of this section.751

       (B) In order to obtain ambulance service, to obtain 752
additional ambulance service in times of emergency, or to obtain 753
emergency medical services, a joint emergency medical services 754
district may enter into a contract, for a period not to exceed 755
three years, with one or more counties, townships, municipal 756
corporations, joint fire districts, other governmental units that 757
provide ambulance service or emergency medical services, nonprofit 758
corporations, or private ambulance owners, regardless of whether 759
the entities contracted with are located within or outside this 760
state, upon such terms as are agreed to, to furnish or receive 761
ambulance services or the interchange of ambulance services or 762
emergency medical services within the several territories of the 763
contracting subdivisions, if the contract is first authorized by 764
all boards of trustees and legislative authorities in the 765
territories to be served.766

       Such a contract may provide for a fixed annual charge to be 767
paid at the times agreed upon and stipulated in the contract; or 768
for compensation based on a stipulated price for each run, call, 769
or emergency or based on the elapsed time of service required for 770
each run, call, or emergency, or based on any combination of 771
these.772

       Expenditures of a district for ambulance service or emergency 773
medical service, whether pursuant to contract or otherwise, are 774
lawful expenditures, regardless of whether the district or the 775
party with which it contracts charges an additional fee to users 776
of the service.777

       (C) The board of trustees may enter into a contract with any 778
person, municipal corporation, township, or other political 779
subdivision, and any political subdivision may contract with the 780
board, for the operation and maintenance of emergency medical 781
services facilities regardless of whether the facilities used are 782
owned or leased by the district, by another political subdivision, 783
or by the contractor.784

       (D) The district may purchase, lease, and maintain all 785
materials, buildings, land, and equipment, including vehicles, the 786
board considers necessary for the district.787

       When the board finds, by resolution, that the district has 788
personal property that is not needed for public use, or is 789
obsolete or unfit for the use for which it was acquired, the board 790
may dispose of the property in the same manner as provided in 791
section 307.12 of the Revised Code.792

       (E) Except in the case of a contract with a board of county 793
commissioners for the provision of services of an emergency 794
medical service organization, any contract entered into by a joint 795
emergency medical services district shall conform to the same 796
bidding requirements that apply to county contracts under sections 797
307.86 to 307.92 of the Revised Code.798

       (F) A county participating in a joint district may contribute 799
any of its rights or interests in real or personal property, 800
including money, and may contribute services to the district. Any 801
such contributions shall be made by a written agreement between 802
the contributing county and the district, specifying the 803
contribution as well as the rights of the participating counties 804
in the contributed property. Written agreements shall also be 805
prepared specifying the rights of participating counties in 806
property acquired by the district other than by contribution of a 807
participating county. Written agreements required by this division 808
may be amended only by written agreement of all parties to the 809
original agreement.810

       (G) A district's board of trustees, by adoption of an 811
appropriate resolution, may choose to have the Ohiostate board of 812
emergency medical, fire, and transportation boardservices license 813
any emergency medical service organization the district operates. 814
If a board adopts such a resolution, Chapter 4766. of the Revised 815
Code, except for sections 4766.06 and 4766.99 of the Revised Code, 816
applies to the district emergency medical service organization. 817
All rules adopted under the applicable sections of that chapter 818
also apply to the organization. A board, by adoption of an 819
appropriate resolution, may remove the district emergency medical 820
service organization from the jurisdiction of the Ohiostate board 821
of emergency medical, fire, and transportation boardservices.822

       Sec. 505.37.  (A) The board of township trustees may 823
establish all necessary rules to guard against the occurrence of 824
fires and to protect the property and lives of the citizens 825
against damage and accidents, and may, with the approval of the 826
specifications by the prosecuting attorney or, if the township has 827
adopted limited home rule government under Chapter 504. of the 828
Revised Code, with the approval of the specifications by the 829
township's law director, purchase, lease, lease with an option to 830
purchase, or otherwise provide any fire apparatus, mechanical 831
resuscitators, or other equipment, appliances, materials, fire 832
hydrants, and water supply for fire-fighting purposes that seems 833
advisable to the board. The board shall provide for the care and 834
maintenance of fire equipment, and, for these purposes, may 835
purchase, lease, lease with an option to purchase, or construct 836
and maintain necessary buildings, and it may establish and 837
maintain lines of fire-alarm communications within the limits of 838
the township. The board may employ one or more persons to maintain 839
and operate fire-fighting equipment, or it may enter into an 840
agreement with a volunteer fire company for the use and operation 841
of fire-fighting equipment. The board may compensate the members 842
of a volunteer fire company on any basis and in any amount that it 843
considers equitable.844

        When the estimated cost to purchase fire apparatus, 845
mechanical resuscitators, other equipment, appliances, materials, 846
fire hydrants, buildings, or fire-alarm communications equipment 847
or services exceeds fifty thousand dollars, the contract shall be 848
let by competitive bidding. When competitive bidding is required, 849
the board shall advertise once a week for not less than two 850
consecutive weeks in a newspaper of general circulation within the 851
township. The board may also cause notice to be inserted in trade 852
papers or other publications designated by it or to be distributed 853
by electronic means, including posting the notice on the board's 854
internet web site. If the board posts the notice on its web site, 855
it may eliminate the second notice otherwise required to be 856
published in a newspaper of general circulation within the 857
township, provided that the first notice published in such 858
newspaper meets all of the following requirements: 859

       (1) It is published at least two weeks before the opening of 860
bids.861

       (2) It includes a statement that the notice is posted on the 862
board's internet web site.863

       (3) It includes the internet address of the board's internet 864
web site.865

       (4) It includes instructions describing how the notice may be 866
accessed on the board's internet web site.867

       The advertisement shall include the time, date, and place 868
where the clerk of the township, or the clerk's designee, will 869
read bids publicly. The time, date, and place of bid openings may 870
be extended to a later date by the board of township trustees, 871
provided that written or oral notice of the change shall be given 872
to all persons who have received or requested specifications not 873
later than ninety-six hours prior to the original time and date 874
fixed for the opening. The board may reject all the bids or accept 875
the lowest and best bid, provided that the successful bidder meets 876
the requirements of section 153.54 of the Revised Code when the 877
contract is for the construction, demolition, alteration, repair, 878
or reconstruction of an improvement.879

       (B) The boards of township trustees of any two or more 880
townships, or the legislative authorities of any two or more 881
political subdivisions, or any combination of these, may, through 882
joint action, unite in the joint purchase, lease, lease with an 883
option to purchase, maintenance, use, and operation of 884
fire-fighting equipment, or for any other purpose designated in 885
sections 505.37 to 505.42 of the Revised Code, and may prorate the 886
expense of the joint action on any terms that are mutually agreed 887
upon.888

       (C) The board of township trustees of any township may, by 889
resolution, whenever it is expedient and necessary to guard 890
against the occurrence of fires or to protect the property and 891
lives of the citizens against damages resulting from their 892
occurrence, create a fire district of any portions of the township 893
that it considers necessary. The board may purchase, lease, lease 894
with an option to purchase, or otherwise provide any fire 895
apparatus, appliances, materials, fire hydrants, and water supply 896
for fire-fighting purposes, or may contract for the fire 897
protection for the fire district as provided in section 9.60 of 898
the Revised Code. The fire district so created shall be given a 899
separate name by which it shall be known.900

       Additional unincorporated territory of the township may be 901
added to a fire district upon the board's adoption of a resolution 902
authorizing the addition. A municipal corporation that is within 903
or adjoining the township may be added to a fire district upon the 904
board's adoption of a resolution authorizing the addition and the 905
municipal legislative authority's adoption of a resolution or 906
ordinance requesting the addition of the municipal corporation to 907
the fire district.908

       If the township fire district imposes a tax, additional 909
unincorporated territory of the township or a municipal 910
corporation that is within or adjoining the township shall become 911
part of the fire district only after all of the following have 912
occurred:913

       (1) Adoption by the board of township trustees of a 914
resolution approving the expansion of the territorial limits of 915
the district and, if the resolution proposes to add a municipal 916
corporation, adoption by the municipal legislative authority of a 917
resolution or ordinance requesting the addition of the municipal 918
corporation to the district;919

       (2) Adoption by the board of township trustees of a 920
resolution recommending the extension of the tax to the additional 921
territory;922

       (3) Approval of the tax by the electors of the territory 923
proposed for addition to the district.924

       Each resolution of the board adopted under division (C)(2) of 925
this section shall state the name of the fire district, a 926
description of the territory to be added, and the rate and 927
termination date of the tax, which shall be the rate and 928
termination date of the tax currently in effect in the fire 929
district.930

       The board of trustees shall certify each resolution adopted 931
under division (C)(2) of this section to the board of elections in 932
accordance with section 5705.19 of the Revised Code. The election 933
required under division (C)(3) of this section shall be held, 934
canvassed, and certified in the manner provided for the submission 935
of tax levies under section 5705.25 of the Revised Code, except 936
that the question appearing on the ballot shall read:937

       "Shall the territory within ........................ 938
(description of the proposed territory to be added) be added to 939
........................ (name) fire district, and a property tax 940
at a rate of taxation not exceeding ...... (here insert tax rate) 941
be in effect for .......... (here insert the number of years the 942
tax is to be in effect or "a continuing period of time," as 943
applicable)?"944

       If the question is approved by at least a majority of the 945
electors voting on it, the joinder shall be effective as of the 946
first day of July of the year following approval, and on that 947
date, the township fire district tax shall be extended to the 948
taxable property within the territory that has been added. If the 949
territory that has been added is a municipal corporation and if it 950
had adopted a tax levy for fire purposes, the levy is terminated 951
on the effective date of the joinder.952

       Any municipal corporation may withdraw from a township fire 953
district created under division (C) of this section by the 954
adoption by the municipal legislative authority of a resolution or 955
ordinance ordering withdrawal. On the first day of July of the 956
year following the adoption of the resolution or ordinance of 957
withdrawal, the municipal corporation withdrawing ceases to be a 958
part of the district, and the power of the fire district to levy a 959
tax upon taxable property in the withdrawing municipal corporation 960
terminates, except that the fire district shall continue to levy 961
and collect taxes for the payment of indebtedness within the 962
territory of the fire district as it was composed at the time the 963
indebtedness was incurred.964

       Upon the withdrawal of any municipal corporation from a 965
township fire district created under division (C) of this section, 966
the county auditor shall ascertain, apportion, and order a 967
division of the funds on hand, moneys and taxes in the process of 968
collection except for taxes levied for the payment of 969
indebtedness, credits, and real and personal property, either in 970
money or in kind, on the basis of the valuation of the respective 971
tax duplicates of the withdrawing municipal corporation and the 972
remaining territory of the fire district.973

       A board of township trustees may remove unincorporated 974
territory of the township from the fire district upon the adoption 975
of a resolution authorizing the removal. On the first day of July 976
of the year following the adoption of the resolution, the 977
unincorporated township territory described in the resolution 978
ceases to be a part of the district, and the power of the fire 979
district to levy a tax upon taxable property in that territory 980
terminates, except that the fire district shall continue to levy 981
and collect taxes for the payment of indebtedness within the 982
territory of the fire district as it was composed at the time the 983
indebtedness was incurred.984

       (D) The board of township trustees of any township, the board 985
of fire district trustees of a fire district created under section 986
505.371 of the Revised Code, or the legislative authority of any 987
municipal corporation may purchase, lease, or lease with an option 988
to purchase the necessary fire-fighting equipment, buildings, and 989
sites for the township, fire district, or municipal corporation 990
and issue securities for that purpose with maximum maturities as 991
provided in section 133.20 of the Revised Code. The board of 992
township trustees, board of fire district trustees, or legislative 993
authority may also construct any buildings necessary to house 994
fire-fighting equipment and issue securities for that purpose with 995
maximum maturities as provided in section 133.20 of the Revised 996
Code.997

        The board of township trustees, board of fire district 998
trustees, or legislative authority may issue the securities of the 999
township, fire district, or municipal corporation, signed by the 1000
board or designated officer of the municipal corporation and 1001
attested by the signature of the township fiscal officer, fire 1002
district clerk, or municipal clerk, covering any deferred payments 1003
and payable at the times provided, which securities shall bear 1004
interest not to exceed the rate determined as provided in section 1005
9.95 of the Revised Code, and shall not be subject to Chapter 133. 1006
of the Revised Code. The legislation authorizing the issuance of 1007
the securities shall provide for levying and collecting annually 1008
by taxation, amounts sufficient to pay the interest on and 1009
principal of the securities. The securities shall be offered for 1010
sale on the open market or given to the vendor or contractor if no 1011
sale is made.1012

       Section 505.40 of the Revised Code does not apply to any 1013
securities issued, or any lease with an option to purchase entered 1014
into, in accordance with this division.1015

       (E) A board of township trustees of any township or a board 1016
of fire district trustees of a fire district created under section 1017
505.371 of the Revised Code may purchase a policy or policies of 1018
liability insurance for the officers, employees, and appointees of 1019
the fire department, fire district, or joint fire district 1020
governed by the board that includes personal injury liability 1021
coverage as to the civil liability of those officers, employees, 1022
and appointees for false arrest, detention, or imprisonment, 1023
malicious prosecution, libel, slander, defamation or other 1024
violation of the right of privacy, wrongful entry or eviction, or 1025
other invasion of the right of private occupancy, arising out of 1026
the performance of their duties.1027

       When a board of township trustees cannot, by deed of gift or 1028
by purchase and upon terms it considers reasonable, procure land 1029
for a township fire station that is needed in order to respond in 1030
reasonable time to a fire or medical emergency, the board may 1031
appropriate land for that purpose under sections 163.01 to 163.22 1032
of the Revised Code. If it is necessary to acquire additional 1033
adjacent land for enlarging or improving the fire station, the 1034
board may purchase, appropriate, or accept a deed of gift for the 1035
land for these purposes.1036

       (F) As used in this division, "emergency medical service 1037
organization" has the same meaning as in section 4766.01 of the 1038
Revised Code.1039

       A board of township trustees, by adoption of an appropriate 1040
resolution, may choose to have the Ohiostate board of emergency1041
medical, fire, and transportation boardservices license any 1042
emergency medical service organization it operates. If the board 1043
adopts such a resolution, Chapter 4766. of the Revised Code, 1044
except for sections 4766.06 and 4766.99 of the Revised Code, 1045
applies to the organization. All rules adopted under the 1046
applicable sections of that chapter also apply to the 1047
organization. A board of township trustees, by adoption of an 1048
appropriate resolution, may remove its emergency medical service 1049
organization from the jurisdiction of the Ohiostate board of 1050
emergency medical, fire, and transportation boardservices.1051

       Sec. 505.375.  (A)(1)(a) The boards of township trustees of 1052
one or more townships and the legislative authorities of one or 1053
more municipal corporations, or the legislative authorities of two 1054
or more municipal corporations, or the boards of township trustees 1055
of two or more townships, may negotiate an agreement to form a 1056
fire and ambulance district for the delivery of both fire and 1057
ambulance services. The agreement shall be ratified by the 1058
adoption of a joint resolution by a majority of the members of 1059
each board of township trustees involved and a majority of the 1060
members of the legislative authority of each municipal corporation 1061
involved. The joint resolution shall specify a date on which the 1062
fire and ambulance district shall come into being.1063

       (b) If a joint fire district created under section 505.371 of 1064
the Revised Code or a joint ambulance district created under 1065
section 505.71 of the Revised Code is dissolved to facilitate the 1066
creation of a fire and ambulance district under division (A)(1)(a) 1067
of this section, the townships and municipal corporations forming 1068
the fire and ambulance district may transfer to the fire and 1069
ambulance district any of the funds on hand, moneys and taxes in 1070
the process of collection, credits, and real and personal property 1071
apportioned to them under division (D) of section 505.371 of the 1072
Revised Code or section 505.71 of the Revised Code, as applicable, 1073
for use by the fire and ambulance district in accordance with this 1074
section.1075

       (2)(a) The board of trustees of a joint ambulance district 1076
created under section 505.71 of the Revised Code and the board of 1077
fire district trustees of a joint fire district created under 1078
section 505.371 of the Revised Code may negotiate to combine their 1079
two joint districts into a single fire and ambulance district for 1080
the delivery of both fire and ambulance services, if the 1081
geographic area covered by the combining joint districts is 1082
exactly the same. Both boards shall adopt a joint resolution 1083
ratifying the agreement and setting a date on which the fire and 1084
ambulance district shall come into being.1085

       (b) On that date, the joint fire district and the joint 1086
ambulance district shall cease to exist, and the power of each to 1087
levy a tax upon taxable property shall terminate, except that any 1088
levy of a tax for the payment of indebtedness within the territory 1089
of the joint fire or joint ambulance district as it was composed 1090
at the time the indebtedness was incurred shall continue to be 1091
collected by the successor fire and ambulance district if the 1092
indebtedness remains unpaid. All funds and other property of the 1093
joint districts shall become the property of the fire and 1094
ambulance district, unless otherwise provided in the negotiated 1095
agreement. The agreement shall provide for the settlement of all 1096
debts and obligations of the joint districts.1097

       (B)(1) The governing body of a fire and ambulance district 1098
created under division (A)(1) or (2) of this section shall be a 1099
board of trustees of at least three but no more than nine members, 1100
appointed as provided in the agreement creating the district. 1101
Members of the board may be compensated at a rate not to exceed 1102
thirty dollars per meeting for not more than fifteen meetings per 1103
year, and may be reimbursed for all necessary expenses incurred, 1104
as provided in the agreement creating the district.1105

       (2) The board shall employ a clerk and other employees as it 1106
considers best, including a fire chief or fire prevention 1107
officers, and shall fix their compensation. Neither this section 1108
nor any other section of the Revised Code requires, or shall be 1109
construed to require, that the fire chief of a fire and ambulance 1110
district be a resident of the district.1111

       Before entering upon the duties of office, the clerk shall 1112
execute a bond, in the amount and with surety to be approved by 1113
the board, payable to the state, conditioned for the faithful 1114
performance of all of the clerk's official duties. The clerk shall 1115
deposit the bond with the presiding officer of the board, who 1116
shall file a copy of it, certified by the presiding officer, with 1117
the county auditor of the county containing the most territory in 1118
the district.1119

       The board also shall provide for the appointment of a fiscal 1120
officer for the district and may enter into agreements with 1121
volunteer fire companies for the use and operation of 1122
fire-fighting equipment. Volunteer firefighters acting under such 1123
an agreement are subject to the requirements for volunteer 1124
firefighters set forth in division (A) of section 505.38 of the 1125
Revised Code.1126

       (3) Employees of the district shall not be removed from 1127
office except as provided by sections 733.35 to 733.39 of the 1128
Revised Code, except that, to initiate removal proceedings, the 1129
board shall designate a private citizen or, if the employee is 1130
employed as a firefighter, the board may designate the fire chief, 1131
to investigate, conduct the proceedings, and prepare the necessary 1132
charges in conformity with those sections, and except that the 1133
board shall perform the functions and duties specified for the 1134
municipal legislative authority under those sections. The board 1135
may pay reasonable compensation to any private citizen hired for 1136
services rendered in the matter.1137

       (4) No person shall be appointed as a permanent full-time 1138
paid member of the district whose duties include fire fighting, or 1139
be appointed as a volunteer firefighter, unless that person has 1140
received a certificate issued under former section 3303.07 or 1141
section 4765.55 of the Revised Code evidencing satisfactory 1142
completion of a firefighter training program. The board may send 1143
its officers and firefighters to schools of instruction designed 1144
to promote the efficiency of firefighters and, if authorized in 1145
advance, may pay their necessary expenses from the funds used for 1146
the maintenance and operation of the district.1147

       The board may choose, by adoption of an appropriate 1148
resolution, to have the Ohiostate board of emergency medical, 1149
fire, and transportation boardservices license any emergency 1150
medical service organization it operates. If the board adopts such 1151
a resolution, Chapter 4766. of the Revised Code, except for 1152
sections 4766.06 and 4766.99 of the Revised Code, applies to the 1153
organization. All rules adopted under the applicable sections of 1154
that chapter also apply to the organization. The board may remove, 1155
by resolution, its emergency medical service organization from the 1156
jurisdiction of the Ohiostate board of emergency medical, fire, 1157
and transportation boardservices.1158

       (C) The board of trustees of a fire and ambulance district 1159
created under division (A)(1) or (2) of this section may exercise 1160
the following powers:1161

       (1) Purchase or otherwise provide any fire apparatus, 1162
mechanical resuscitators, or other fire or ambulance equipment, 1163
appliances, or materials; fire hydrants; and water supply for 1164
firefighting purposes that seems advisable to the board;1165

       (2) Provide for the care and maintenance of equipment and, 1166
for that purpose, purchase, lease, lease with an option to 1167
purchase, or construct and maintain necessary buildings;1168

       (3) Establish and maintain lines of fire-alarm communications 1169
within the limits of the district;1170

       (4) Appropriate land for a fire station or medical emergency 1171
unit needed in order to respond in reasonable time to a fire or 1172
medical emergency, in accordance with Chapter 163. of the Revised 1173
Code;1174

       (5) Purchase, appropriate, or accept a deed or gift of land 1175
to enlarge or improve a fire station or medical emergency unit;1176

       (6) Purchase, lease, lease with an option to purchase, 1177
maintain, and use all materials, equipment, vehicles, buildings, 1178
and land necessary to perform its duties;1179

       (7) Contract for a period not to exceed three years with one 1180
or more townships, municipal corporations, counties, joint fire 1181
districts, joint ambulance districts, governmental agencies, 1182
nonprofit corporations, or private ambulance owners located either 1183
within or outside the state, to furnish or receive ambulance 1184
services or emergency medical services within the several 1185
territories of the contracting parties, if the contract is first 1186
authorized by all boards of trustees and legislative authorities 1187
concerned;1188

       (8) Establish reasonable charges for the use of ambulance or 1189
emergency medical services under the same conditions under which a 1190
board of fire district trustees may establish those charges under 1191
section 505.371 of the Revised Code;1192

       (9) Establish all necessary rules to guard against the 1193
occurrence of fires and to protect property and lives against 1194
damage and accidents;1195

       (10) Adopt a standard code pertaining to fire, fire hazards, 1196
and fire prevention prepared and promulgated by the state or by a 1197
public or private organization that publishes a model or standard 1198
code;1199

       (11) Provide for charges for false alarms at commercial 1200
establishments in the same manner as joint fire districts are 1201
authorized to do under section 505.391 of the Revised Code;1202

       (12) Issue bonds and other evidences of indebtedness, subject 1203
to Chapter 133. of the Revised Code, but only after approval by a 1204
vote of the electors of the district as provided by section 133.18 1205
of the Revised Code;1206

       (13) To provide the services and equipment it considers 1207
necessary, levy a sufficient tax, subject to Chapter 5705. of the 1208
Revised Code, on all the taxable property in the district.1209

       (D) Any municipal corporation or township may join an 1210
existing fire and ambulance district, whether created under 1211
division (A)(1) or (2) of this section, by its legislative 1212
authority's adoption of a resolution requesting the membership and 1213
upon approval of the board of trustees of the district. Any 1214
municipal corporation or township may withdraw from a district, 1215
whether created under division (A)(1) or (2) of this section, by 1216
its legislative authority's adoption of a resolution ordering 1217
withdrawal. Upon its withdrawal, the municipal corporation or 1218
township ceases to be a part of the district, and the district's 1219
power to levy a tax on taxable property in the withdrawing 1220
township or municipal corporation terminates, except that the 1221
district shall continue to levy and collect taxes for the payment 1222
of indebtedness within the territory of the district as it was 1223
composed at the time the indebtedness was incurred.1224

       Upon the withdrawal of any township or municipal corporation 1225
from a district, the county auditor of the county containing the 1226
most territory in the district shall ascertain, apportion, and 1227
order a division of the funds on hand, including funds in the 1228
ambulance and emergency medical services fund, moneys and taxes in 1229
the process of collection, except for taxes levied for the payment 1230
of indebtedness, credits, and real and personal property on the 1231
basis of the valuation of the respective tax duplicates of the 1232
withdrawing municipal corporation or township and the remaining 1233
territory of the district.1234

       (E) As used in this section:1235

       (1) "Governmental agency" includes all departments, boards, 1236
offices, commissions, agencies, colleges, universities, 1237
institutions, and other instrumentalities of this or another 1238
state.1239

       (2) "Emergency medical service organization" has the same 1240
meaning as in section 4766.01 of the Revised Code.1241

       Sec. 505.44.  As used in this section:1242

       (A) "Emergency medical service organization" has the same 1243
meaning as in section 4765.01 of the Revised Code.1244

       (B) "State agency" means all departments, boards, offices, 1245
commissions, agencies, colleges, universities, institutions, and 1246
other instrumentalities of this or another state.1247

       In order to obtain the services of ambulance service 1248
organizations, to obtain additional services from ambulance 1249
service organizations in times of emergency, to obtain the 1250
services of emergency medical service organizations, or, if the 1251
township is located in a county with a population of forty 1252
thousand or less, to obtain the services of nonemergency patient 1253
transport service organizations, a township may enter into a 1254
contract with one or more state agencies, townships, municipal 1255
corporations, counties, nonprofit corporations, joint emergency 1256
medical services districts, fire and ambulance districts, or 1257
private ambulance owners, regardless of whether such state 1258
agencies, townships, municipal corporations, counties, nonprofit 1259
corporations, joint emergency medical services districts, fire and 1260
ambulance districts, or private ambulance owners are located 1261
within or outside the state, upon such terms as are agreed to by 1262
them, to furnish or receive services from ambulance or emergency 1263
medical service organizations or, if the township is located in a 1264
county with a population of forty thousand or less, to furnish or 1265
receive services from nonemergency patient transport service 1266
organizations, or may enter into a contract for the interchange of 1267
services from ambulance or emergency medical service organizations 1268
or, if the township is located in a county with a population of 1269
forty thousand or less, the interchange of services from 1270
nonemergency patient transport service organizations, within the 1271
several territories of the contracting parties, if the contract is 1272
first authorized by the respective boards of township trustees, 1273
the other legislative bodies, or the officer or body authorized to 1274
contract on behalf of the state agency. Such contracts shall not 1275
be entered into with a state agency or nonprofit corporation that 1276
receives more than half of its operating funds from governmental 1277
entities with the intention of directly competing with the 1278
operation of other ambulance, emergency medical, or nonemergency 1279
patient transport service organizations in the township unless the 1280
state agency or nonprofit corporation is awarded the contract 1281
after submitting the lowest and best bid to the board of township 1282
trustees.1283

       The contract may provide for compensation upon such terms as 1284
the parties may agree.1285

       Any township wishing to commence providing or wishing to 1286
enter into a contract for the first time to furnish or obtain 1287
services from nonemergency patient transport service organizations 1288
on or after March 1, 1993, including a township in which a private 1289
provider has been providing the service, shall demonstrate the 1290
need for public funding for the service to, and obtain approval 1291
from, the state board of emergency medical, fire, and 1292
transportation services or its immediate successor board prior to 1293
the establishment of a township-operated or township-funded 1294
service.1295

       Sec. 505.72.  (A) The board of trustees of a joint ambulance 1296
district shall provide for the employment of such employees as it 1297
considers best, and shall fix their compensation. Such employees 1298
shall continue in office until removed as provided by sections 1299
733.35 to 733.39 of the Revised Code. To initiate removal 1300
proceedings, and for such purpose, the board shall designate a 1301
private citizen to investigate the conduct and prepare the 1302
necessary charges in conformity with sections 733.35 to 733.39 of 1303
the Revised Code. The board may pay reasonable compensation to 1304
such person for the person's services.1305

       In case of the removal of an employee of the district, an 1306
appeal may be had from the decision of the board to the court of 1307
common pleas of the county in which such district, or part of it, 1308
is situated, to determine the sufficiency of the cause of removal. 1309
Such appeal from the findings of the board shall be taken within 1310
ten days.1311

       (B) As used in this division, "emergency medical service 1312
organization" has the same meaning as in section 4765.01 of the 1313
Revised Code.1314

       (1) In order to obtain the services of ambulance service 1315
organizations, to obtain additional services from ambulance 1316
service organizations in times of emergency, or to obtain the 1317
services of emergency medical service organizations, a district 1318
may enter into a contract, for a period not to exceed three years, 1319
with one or more townships, municipal corporations, joint fire 1320
districts, nonprofit corporations, any other governmental unit 1321
that provides ambulance services or emergency medical services, or 1322
with private ambulance owners, regardless of whether such 1323
townships, municipal corporations, joint fire districts, nonprofit 1324
corporations, governmental unit, or private ambulance owners are 1325
located within or without this state, upon such terms as are 1326
agreed to, to furnish or receive services from ambulance or 1327
emergency medical service organizations or the interchange of 1328
services from ambulance or emergency medical service organizations 1329
within the several territories of the contracting subdivisions, if 1330
such contract is first authorized by all boards of trustees and 1331
legislative authorities concerned.1332

       The contract may provide for a fixed annual charge to be paid 1333
at the times agreed upon and stipulated in the contract, or for 1334
compensation based upon a stipulated price for each run, call, or 1335
emergency, or the elapsed time of service required in such run, 1336
call, or emergency, or any combination thereof.1337

       (2) Expenditures of a district for the services of ambulance 1338
service organizations or emergency medical service organizations, 1339
whether pursuant to contract or otherwise, are lawful 1340
expenditures, regardless of whether the district or the party with 1341
which it contracts charges additional fees to users of the 1342
services.1343

       (3) A district's board of trustees, by adoption of an 1344
appropriate resolution, may choose to have the Ohiostate board of 1345
emergency medical, fire, and transportation boardservices license 1346
any emergency medical service organization the district operates. 1347
If a board adopts such a resolution, Chapter 4766. of the Revised 1348
Code, except for sections 4766.06 and 4766.99 of the Revised Code, 1349
applies to the district emergency medical service organization. 1350
All rules adopted under the applicable sections of that chapter 1351
also apply to the organization. A board, by adoption of an 1352
appropriate resolution, may remove the district emergency medical 1353
service organization from the jurisdiction of the Ohiostate board 1354
of emergency medical, fire, and transportation boardservices.1355

       (C) Ambulance services or emergency medical services rendered 1356
for a joint ambulance district under this section and section 1357
505.71 of the Revised Code shall be deemed services of the 1358
district. These sections do not authorize suits against a district 1359
or any township or municipal corporation providing or receiving, 1360
or contracting to provide or receive, such services under these 1361
sections for damages for injury or loss to persons or property or 1362
for wrongful death caused by persons providing such services.1363

       Sec. 718.01.  (A) As used in this chapter:1364

       (1) "Adjusted federal taxable income" means a C corporation's 1365
federal taxable income before net operating losses and special 1366
deductions as determined under the Internal Revenue Code, adjusted 1367
as follows:1368

       (a) Deduct intangible income to the extent included in 1369
federal taxable income. The deduction shall be allowed regardless 1370
of whether the intangible income relates to assets used in a trade 1371
or business or assets held for the production of income.1372

       (b) Add an amount equal to five per cent of intangible income 1373
deducted under division (A)(1)(a) of this section, but excluding 1374
that portion of intangible income directly related to the sale, 1375
exchange, or other disposition of property described in section 1376
1221 of the Internal Revenue Code;1377

       (c) Add any losses allowed as a deduction in the computation 1378
of federal taxable income if the losses directly relate to the 1379
sale, exchange, or other disposition of an asset described in 1380
section 1221 or 1231 of the Internal Revenue Code;1381

       (d)(i) Except as provided in division (A)(1)(d)(ii) of this 1382
section, deduct income and gain included in federal taxable income 1383
to the extent the income and gain directly relate to the sale, 1384
exchange, or other disposition of an asset described in section 1385
1221 or 1231 of the Internal Revenue Code;1386

        (ii) Division (A)(1)(d)(i) of this section does not apply to 1387
the extent the income or gain is income or gain described in 1388
section 1245 or 1250 of the Internal Revenue Code.1389

        (e) Add taxes on or measured by net income allowed as a 1390
deduction in the computation of federal taxable income;1391

        (f) In the case of a real estate investment trust and 1392
regulated investment company, add all amounts with respect to 1393
dividends to, distributions to, or amounts set aside for or 1394
credited to the benefit of investors and allowed as a deduction in 1395
the computation of federal taxable income;1396

        (g) Deduct, to the extent not otherwise deducted or excluded 1397
in computing federal taxable income, any income derived from 1398
providing public services under a contract through a project owned 1399
by the state, as described in section 126.604 of the Revised Code 1400
or derived from a transfer agreement or from the enterprise 1401
transferred under that agreement under section 4313.02 of the 1402
Revised Code.1403

       If the taxpayer is not a C corporation and is not an 1404
individual, the taxpayer shall compute adjusted federal taxable 1405
income as if the taxpayer were a C corporation, except guaranteed 1406
payments and other similar amounts paid or accrued to a partner, 1407
former partner, member, or former member shall not be allowed as a 1408
deductible expense; amounts paid or accrued to a qualified 1409
self-employed retirement plan with respect to an owner or 1410
owner-employee of the taxpayer, amounts paid or accrued to or for 1411
health insurance for an owner or owner-employee, and amounts paid 1412
or accrued to or for life insurance for an owner or owner-employee 1413
shall not be allowed as a deduction.1414

        Nothing in division (A)(1) of this section shall be construed 1415
as allowing the taxpayer to add or deduct any amount more than 1416
once or shall be construed as allowing any taxpayer to deduct any 1417
amount paid to or accrued for purposes of federal self-employment 1418
tax.1419

        Nothing in this chapter shall be construed as limiting or 1420
removing the ability of any municipal corporation to administer, 1421
audit, and enforce the provisions of its municipal income tax.1422

       (2) "Internal Revenue Code" means the Internal Revenue Code 1423
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.1424

       (3) "Schedule C" means internal revenue service schedule C 1425
filed by a taxpayer pursuant to the Internal Revenue Code.1426

       (4) "Form 2106" means internal revenue service form 2106 1427
filed by a taxpayer pursuant to the Internal Revenue Code.1428

       (5) "Intangible income" means income of any of the following 1429
types: income yield, interest, capital gains, dividends, or other 1430
income arising from the ownership, sale, exchange, or other 1431
disposition of intangible property including, but not limited to, 1432
investments, deposits, money, or credits as those terms are 1433
defined in Chapter 5701. of the Revised Code, and patents, 1434
copyrights, trademarks, tradenames, investments in real estate 1435
investment trusts, investments in regulated investment companies, 1436
and appreciation on deferred compensation. "Intangible income" 1437
does not include prizes, awards, or other income associated with 1438
any lottery winnings or other similar games of chance.1439

       (6) "S corporation" means a corporation that has made an 1440
election under subchapter S of Chapter 1 of Subtitle A of the 1441
Internal Revenue Code for its taxable year.1442

       (7) For taxable years beginning on or after January 1, 2004, 1443
"net profit" for a taxpayer other than an individual means 1444
adjusted federal taxable income and "net profit" for a taxpayer 1445
who is an individual means the individual's profit required to be 1446
reported on schedule C, schedule E, or schedule F, other than any 1447
amount allowed as a deduction under division (E)(2) or (3) of this 1448
section or amounts described in division (H) of this section.1449

       (8) "Taxpayer" means a person subject to a tax on income 1450
levied by a municipal corporation. Except as provided in division 1451
(L) of this section, "taxpayer" does not include any person that 1452
is a disregarded entity or a qualifying subchapter S subsidiary 1453
for federal income tax purposes, but "taxpayer" includes any other 1454
person who owns the disregarded entity or qualifying subchapter S 1455
subsidiary.1456

       (9) "Taxable year" means the corresponding tax reporting 1457
period as prescribed for the taxpayer under the Internal Revenue 1458
Code.1459

       (10) "Tax administrator" means the individual charged with 1460
direct responsibility for administration of a tax on income levied 1461
by a municipal corporation and includes:1462

        (a) The central collection agency and the regional income tax 1463
agency and their successors in interest, and other entities 1464
organized to perform functions similar to those performed by the 1465
central collection agency and the regional income tax agency;1466

        (b) A municipal corporation acting as the agent of another 1467
municipal corporation; and1468

        (c) Persons retained by a municipal corporation to administer 1469
a tax levied by the municipal corporation, but only if the 1470
municipal corporation does not compensate the person in whole or 1471
in part on a contingency basis.1472

        (11) "Person" includes individuals, firms, companies, 1473
business trusts, estates, trusts, partnerships, limited liability 1474
companies, associations, corporations, governmental entities, and 1475
any other entity.1476

        (12) "Schedule E" means internal revenue service schedule E 1477
filed by a taxpayer pursuant to the Internal Revenue Code.1478

        (13) "Schedule F" means internal revenue service schedule F 1479
filed by a taxpayer pursuant to the Internal Revenue Code.1480

       (B) No municipal corporation shall tax income at other than a 1481
uniform rate.1482

       (C) No municipal corporation shall levy a tax on income at a 1483
rate in excess of one per cent without having obtained the 1484
approval of the excess by a majority of the electors of the 1485
municipality voting on the question at a general, primary, or 1486
special election. The legislative authority of the municipal 1487
corporation shall file with the board of elections at least ninety 1488
days before the day of the election a copy of the ordinance 1489
together with a resolution specifying the date the election is to 1490
be held and directing the board of elections to conduct the 1491
election. The ballot shall be in the following form: "Shall the 1492
Ordinance providing for a ... per cent levy on income for (Brief 1493
description of the purpose of the proposed levy) be passed?1494

        1495

 FOR THE INCOME TAX 1496
 AGAINST THE INCOME TAX  " 1497

        1498

       In the event of an affirmative vote, the proceeds of the levy 1499
may be used only for the specified purpose.1500

       (D)(1) Except as otherwise provided in this section, no 1501
municipal corporation shall exempt from a tax on income 1502
compensation for personal services of individuals over eighteen 1503
years of age or the net profit from a business or profession.1504

       (2)(a) For taxable years beginning on or after January 1, 1505
2004, no municipal corporation shall tax the net profit from a 1506
business or profession using any base other than the taxpayer's 1507
adjusted federal taxable income.1508

       (b) Division (D)(2)(a) of this section does not apply to any 1509
taxpayer required to file a return under section 5745.03 of the 1510
Revised Code or to the net profit from a sole proprietorship.1511

       (E)(1) The legislative authority of a municipal corporation 1512
may, by ordinance or resolution, exempt from withholding and from 1513
a tax on income the following:1514

       (a) Compensation arising from the sale, exchange, or other 1515
disposition of a stock option, the exercise of a stock option, or 1516
the sale, exchange, or other disposition of stock purchased under 1517
a stock option; or1518

       (b) Compensation attributable to a nonqualified deferred 1519
compensation plan or program described in section 3121(v)(2)(C) of 1520
the Internal Revenue Code.1521

       (2) The legislative authority of a municipal corporation may 1522
adopt an ordinance or resolution that allows a taxpayer who is an 1523
individual to deduct, in computing the taxpayer's municipal income 1524
tax liability, an amount equal to the aggregate amount the 1525
taxpayer paid in cash during the taxable year to a health savings 1526
account of the taxpayer, to the extent the taxpayer is entitled to 1527
deduct that amount on internal revenue service form 1040.1528

       (3) The legislative authority of a municipal corporation may 1529
adopt an ordinance or resolution that allows a taxpayer who has a 1530
net profit from a business or profession that is operated as a 1531
sole proprietorship to deduct from that net profit the amount that 1532
the taxpayer paid during the taxable year for medical care 1533
insurance premiums for the taxpayer, the taxpayer's spouse, and 1534
dependents as defined in section 5747.01 of the Revised Code. The 1535
deduction shall be allowed to the same extent the taxpayer is 1536
entitled to deduct the premiums on internal revenue service form 1537
1040. The deduction allowed under this division shall be net of 1538
any related premium refunds, related premium reimbursements, or 1539
related insurance premium dividends received by the taxpayer 1540
during the taxable year.1541

       (F) If an individual's taxable income includes income against 1542
which the taxpayer has taken a deduction for federal income tax 1543
purposes as reportable on the taxpayer's form 2106, and against 1544
which a like deduction has not been allowed by the municipal 1545
corporation, the municipal corporation shall deduct from the 1546
taxpayer's taxable income an amount equal to the deduction shown 1547
on such form allowable against such income, to the extent not 1548
otherwise so allowed as a deduction by the municipal corporation.1549

       (G)(1) In the case of a taxpayer who has a net profit from a 1550
business or profession that is operated as a sole proprietorship, 1551
no municipal corporation may tax or use as the base for 1552
determining the amount of the net profit that shall be considered 1553
as having a taxable situs in the municipal corporation, an amount 1554
other than the net profit required to be reported by the taxpayer 1555
on schedule C or F from such sole proprietorship for the taxable 1556
year.1557

        (2) In the case of a taxpayer who has a net profit from 1558
rental activity required to be reported on schedule E, no 1559
municipal corporation may tax or use as the base for determining 1560
the amount of the net profit that shall be considered as having a 1561
taxable situs in the municipal corporation, an amount other than 1562
the net profit from rental activities required to be reported by 1563
the taxpayer on schedule E for the taxable year.1564

       (H) A municipal corporation shall not tax any of the 1565
following:1566

       (1) The military pay or allowances of members of the armed 1567
forces of the United States and of members of their reserve 1568
components, including the Ohio national guard;1569

       (2) The income of religious, fraternal, charitable, 1570
scientific, literary, or educational institutions to the extent 1571
that such income is derived from tax-exempt real estate, 1572
tax-exempt tangible or intangible property, or tax-exempt 1573
activities;1574

       (3) Except as otherwise provided in division (I) of this 1575
section, intangible income;1576

       (4) Compensation paid under section 3501.28 or 3501.36 of the 1577
Revised Code to a person serving as a precinct election official, 1578
to the extent that such compensation does not exceed one thousand 1579
dollars annually. Such compensation in excess of one thousand 1580
dollars may be subjected to taxation by a municipal corporation. A 1581
municipal corporation shall not require the payer of such 1582
compensation to withhold any tax from that compensation.1583

       (5) Compensation paid to an employee of a transit authority, 1584
regional transit authority, or regional transit commission created 1585
under Chapter 306. of the Revised Code for operating a transit bus 1586
or other motor vehicle for the authority or commission in or 1587
through the municipal corporation, unless the bus or vehicle is 1588
operated on a regularly scheduled route, the operator is subject 1589
to such a tax by reason of residence or domicile in the municipal 1590
corporation, or the headquarters of the authority or commission is 1591
located within the municipal corporation;1592

       (6) The income of a public utility, when that public utility 1593
is subject to the tax levied under section 5727.24 or 5727.30 of 1594
the Revised Code, except a municipal corporation may tax the 1595
following, subject to Chapter 5745. of the Revised Code:1596

       (a) Beginning January 1, 2002, the income of an electric 1597
company or combined company;1598

        (b) Beginning January 1, 2004, the income of a telephone 1599
company.1600

       As used in division (H)(6) of this section, "combined 1601
company," "electric company," and "telephone company" have the 1602
same meanings as in section 5727.01 of the Revised Code.1603

       (7) On and after January 1, 2003, items excluded from federal 1604
gross income pursuant to section 107 of the Internal Revenue Code;1605

       (8) On and after January 1, 2001, compensation paid to a 1606
nonresident individual to the extent prohibited under section 1607
718.011 of the Revised Code;1608

       (9)(a) Except as provided in divisiondivisions (H)(9)(b) and 1609
(c) of this section, an S corporation shareholder's distributive 1610
share of net profits of the S corporation, other than any part of 1611
the distributive share of net profits that represents wages as 1612
defined in section 3121(a) of the Internal Revenue Code or net 1613
earnings from self-employment as defined in section 1402(a) of the 1614
Internal Revenue Code.1615

       (b) If, pursuant to division (H) of former section 718.01 of 1616
the Revised Code as it existed before March 11, 2004, a majority 1617
of the electors of a municipal corporation voted in favor of the 1618
question at an election held on November 4, 2003, the municipal 1619
corporation may continue after 2002 to tax an S corporation 1620
shareholder's distributive share of net profits of an S 1621
corporation.1622

        (c) If, on December 6, 2002, a municipal corporation was 1623
imposing, assessing, and collecting a tax on an S corporation 1624
shareholder's distributive share of net profits of the S 1625
corporation to the extent the distributive share would be 1626
allocated or apportioned to this state under divisions (B)(1) and 1627
(2) of section 5733.05 of the Revised Code if the S corporation 1628
were a corporation subject to taxes imposed under Chapter 5733. of 1629
the Revised Code, the municipal corporation may continue to impose 1630
the tax on such distributive shares to the extent such shares 1631
would be so allocated or apportioned to this state only until 1632
December 31, 2004, unless a majority of the electors of the 1633
municipal corporation voting on the question of continuing to tax 1634
such shares after that date vote in favor of that question at an 1635
election held November 2, 2004. If a majority of those electors 1636
vote in favor of the question, the municipal corporation may 1637
continue after December 31, 2004, to impose the tax on such 1638
distributive shares only to the extent such shares would be so 1639
allocated or apportioned to this state.1640

       (d) For the purposes of division (D) of section 718.14 of the 1641
Revised Code, a municipal corporation shall be deemed to have 1642
elected to tax S corporation shareholders' distributive shares of 1643
net profits of the S corporation in the hands of the shareholders 1644
if a majority of the electors of a municipal corporation vote in 1645
favor of a question at an election held under division (H)(9)(b) 1646
or (c) of this section. The municipal corporation shall specify by 1647
ordinance or rule that the tax applies to the distributive share 1648
of a shareholder of an S corporation in the hands of the 1649
shareholder of the S corporation.1650

       (10) Employee compensation that is not "qualifying wages" as 1651
defined in section 718.03 of the Revised Code;1652

        (11) Beginning August 1, 2007, compensation paid to a person 1653
employed within the boundaries of a United States air force base 1654
under the jurisdiction of the United States air force that is used 1655
for the housing of members of the United States air force and is a 1656
center for air force operations, unless the person is subject to 1657
taxation because of residence or domicile. If the compensation is 1658
subject to taxation because of residence or domicile, municipal 1659
income tax shall be payable only to the municipal corporation of 1660
residence or domicile.1661

       (12) Compensation paid to a person for personal services 1662
performed for a political subdivision on property owned by the 1663
political subdivision, regardless of whether the compensation is 1664
received by an employee of the subdivision or another person 1665
performing services for the subdivision under a contract with the 1666
subdivision, if the property on which services are performed is 1667
annexed to a municipal corporation pursuant to section 709.023 of 1668
the Revised Code on or after the effective date of the amendment 1669
of this sectionMarch 27, 2013, unless the person is subject to 1670
such taxation because of residence or domicile. If the 1671
compensation is subject to taxation because of residence or 1672
domicile, municipal income tax shall be payable only to the 1673
municipal corporation of residence or domicile.1674

       (I) Any municipal corporation that taxes any type of 1675
intangible income on March 29, 1988, pursuant to Section 3 of 1676
Amended Substitute Senate Bill No. 238 of the 116th general 1677
assembly, may continue to tax that type of income after 1988 if a 1678
majority of the electors of the municipal corporation voting on 1679
the question of whether to permit the taxation of that type of 1680
intangible income after 1988 vote in favor thereof at an election 1681
held on November 8, 1988.1682

       (J) Nothing in this section or section 718.02 of the Revised 1683
Code shall authorize the levy of any tax on income that a 1684
municipal corporation is not authorized to levy under existing 1685
laws or shall require a municipal corporation to allow a deduction 1686
from taxable income for losses incurred from a sole proprietorship 1687
or partnership.1688

       (K)(1) Nothing in this chapter prohibits a municipal 1689
corporation from allowing, by resolution or ordinance, a net 1690
operating loss carryforward.1691

        (2) Nothing in this chapter requires a municipal corporation 1692
to allow a net operating loss carryforward.1693

       (L)(1) A single member limited liability company that is a 1694
disregarded entity for federal tax purposes may elect to be a 1695
separate taxpayer from its single member in all Ohio municipal 1696
corporations in which it either filed as a separate taxpayer or 1697
did not file for its taxable year ending in 2003, if all of the 1698
following conditions are met:1699

       (a) The limited liability company's single member is also a 1700
limited liability company;1701

       (b) The limited liability company and its single member were 1702
formed and doing business in one or more Ohio municipal 1703
corporations for at least five years before January 1, 2004;1704

       (c) Not later than December 31, 2004, the limited liability 1705
company and its single member each make an election to be treated 1706
as a separate taxpayer under division (L) of this section;1707

       (d) The limited liability company was not formed for the 1708
purpose of evading or reducing Ohio municipal corporation income 1709
tax liability of the limited liability company or its single 1710
member;1711

       (e) The Ohio municipal corporation that is the primary place 1712
of business of the sole member of the limited liability company 1713
consents to the election.1714

       (2) For purposes of division (L)(1)(e) of this section, a 1715
municipal corporation is the primary place of business of a 1716
limited liability company if, for the limited liability company's 1717
taxable year ending in 2003, its income tax liability is greater 1718
in that municipal corporation than in any other municipal 1719
corporation in Ohio, and that tax liability to that municipal 1720
corporation for its taxable year ending in 2003 is at least four 1721
hundred thousand dollars.1722

       Sec. 2937.221.  (A) A person arrested without warrant for any 1723
violation listed in division (B) of this section, and having a 1724
current valid Ohio driver's or commercial driver's license, if the 1725
person has been notified of the possible consequences of the 1726
person's actions as required by division (C) of this section, may 1727
post bond by depositing the license with the arresting officer if 1728
the officer and person so choose, or with the local court having 1729
jurisdiction if the court and person so choose. The license may be 1730
used as bond only during the period for which it is valid.1731

       When an arresting officer accepts the driver's or commercial 1732
driver's license as bond, the officer shall note the date, time, 1733
and place of the court appearance on "the violator's notice to 1734
appear," and the notice shall serve as a valid Ohio driver's or 1735
commercial driver's license until the date and time appearing 1736
thereon. The arresting officer immediately shall forward the 1737
license to the appropriate court.1738

       When a local court accepts the license as bond or continues 1739
the case to another date and time, it shall provide the person 1740
with a card in a form approved by the registrar of motor vehicles 1741
setting forth the license number, name, address, the date and time 1742
of the court appearance, and a statement that the license is being 1743
held as bond. The card shall serve as a valid license until the 1744
date and time contained in the card.1745

       The court may accept other bond at any time and return the 1746
license to the person. The court shall return the license to the 1747
person when judgment is satisfied, including, but not limited to, 1748
compliance with any court orders, unless a suspension or 1749
cancellation is part of the penalty imposed.1750

       Neither "the violator's notice to appear" nor a court- 1751
granted card shall continue driving privileges beyond the 1752
expiration date of the license.1753

       If the person arrested fails to appear in court at the date 1754
and time set by the court or fails to satisfy the judgment of the 1755
court, including, but not limited to, compliance with all court 1756
orders within the time allowed by the court, the court may declare 1757
the forfeiture of the person's license. Thirty days after the 1758
declaration of the forfeiture, the court shall forward the 1759
person's license to the registrar. The court also shall enter 1760
information relative to the forfeiture on a form approved and 1761
furnished by the registrar and send the form to the registrar. The 1762
registrar shall suspend the person's license and send written 1763
notification of the suspension to the person at the person's last 1764
known address. No valid driver's or commercial driver's license 1765
shall be granted to the person until the court having jurisdiction 1766
orders that the forfeiture be terminated. The court shall inform 1767
the registrar of the termination of the forfeiture by entering 1768
information relative to the termination on a form approved and 1769
furnished by the registrar and sending the form to the registrar. 1770
Upon the termination, the person shall pay to the bureau of motor 1771
vehicles a reinstatement fee of fifteen dollars to cover the costs 1772
of the bureau in administering this section. The registrar shall 1773
deposit the fees so paid into the state bureau of motor vehicles 1774
fund created by section 4501.25 of the Revised Code.1775

       In addition, upon receipt from the court of the copy of the 1776
declaration of forfeiture, neither the registrar nor any deputy 1777
registrar shall accept any application for the registration or 1778
transfer of registration of any motor vehicle owned by or leased 1779
in the name of the person named in the declaration of forfeiture 1780
until the court having jurisdiction over the offense that led to 1781
the suspension issues an order terminating the forfeiture. 1782
However, for a motor vehicle leased in the name of a person named 1783
in a declaration of forfeiture, the registrar shall not implement 1784
the preceding sentence until the registrar adopts procedures for 1785
that implementation under section 4503.39 of the Revised Code. 1786
Upon receipt by the registrar of such an order, the registrar also 1787
shall take the measures necessary to permit the person to register 1788
a motor vehicle the person owns or leases or to transfer the 1789
registration of a motor vehicle the person owns or leases if the 1790
person later makes a proper application and otherwise is eligible 1791
to be issued or to transfer a motor vehicle registration.1792

       (B) Division (A) of this section applies to persons arrested 1793
for violation of:1794

       (1) Any of the provisions of Chapter 4511. or 4513. of the 1795
Revised Code, except sections 4511.19, 4511.20, 4511.251, and 1796
4513.36 of the Revised Code;1797

       (2) Any municipal ordinance substantially similar to a 1798
section included in division (B)(1) of this section;1799

       (3) Any bylaw, rule, or regulation of the Ohio turnpike and 1800
infrastructure commission substantially similar to a section 1801
included in division (B)(1) of this section.1802

       Division (A) of this section does not apply to those persons 1803
issued a citation for the commission of a minor misdemeanor under 1804
section 2935.26 of the Revised Code.1805

       (C) No license shall be accepted as bond by an arresting 1806
officer or by a court under this section until the officer or 1807
court has notified the person that, if the person deposits the 1808
license with the officer or court and either does not appear on 1809
the date and at the time set by the officer or the court, if the 1810
court sets a time, or does not satisfy any judgment rendered, 1811
including, but not limited to, compliance with all court orders, 1812
the license will be suspended, and the person will not be eligible 1813
for reissuance of the license or issuance of a new license, or the 1814
issuance of a certificate of registration for a motor vehicle 1815
owned or leased by the person until the person appears and 1816
complies with any order issued by the court. The person also is 1817
subject to any criminal penalties that may apply to the person.1818

       (D) The registrar shall not restore the person's driving or 1819
vehicle registration privileges until the person pays the 1820
reinstatement fee as provided in this section.1821

       Sec. 3354.13.  The ownership of a community college created 1822
and established pursuant to provisions of sections 3354.02 and 1823
3354.04 of the Revised Code, including all right, title, and 1824
interest in and to all property, both real and personal, 1825
pertaining thereto, shall be vested in the board of trustees of 1826
the community college district in which such college is situated, 1827
except as may be provided in a contract entered into under the 1828
authority of division (A) of section 3354.09 of the Revised Code. 1829
The board may acquire by appropriation any land, rights, rights of 1830
way, franchises, easements, or other property necessary or proper 1831
for the construction or the efficient operation of any facility of 1832
the community college district, pursuant to the procedure provided 1833
in section 5537.06 of the Revised Code, with respect to the Ohio 1834
turnpike and infrastructure commission, and insofar as such 1835
procedure is applicable.1836

       Any instrument by which real property is acquired pursuant to 1837
this section shall identify the agency of the state that has the 1838
use and benefit of the real property as specified in section 1839
5301.012 of the Revised Code.1840

       Sec. 3355.10.  The ownership of the university branch campus, 1841
created and established pursuant to sections 3355.01 to 3355.14 of 1842
the Revised Code, including all right, title, and interest in and 1843
to all property, both real and personal, pertaining thereto, shall 1844
be vested in the managing authority of the university branch 1845
district. The board may acquire by appropriation any land, rights, 1846
rights of way, franchises, easements, or other property necessary 1847
or proper for the construction or the efficient operation of any 1848
facility of the university branch district, pursuant to section 1849
5537.06 of the Revised Code, with respect to the Ohio turnpike and 1850
infrastructure commission, and insofar as such procedure is 1851
applicable.1852

       University branch district bonds, issued pursuant to section 1853
3355.08 of the Revised Code, are lawful investments of banks, 1854
savings banks, trust companies, trustees, boards of trustees of 1855
sinking funds of municipal corporations, school districts, 1856
counties, the administrator of workers' compensation, the state 1857
teachers retirement system, the public employees retirement 1858
system, and the school employees retirement system, and also are 1859
acceptable as security for the deposit of public moneys.1860

       Any instrument by which real property is acquired pursuant to 1861
this section shall identify the agency of the state that has the 1862
use and benefit of the real property as specified in section 1863
5301.012 of the Revised Code.1864

       Sec. 3357.12.  The ownership of a technical college, created 1865
and established pursuant to section 3357.07 of the Revised Code, 1866
including all right, title, and interest in and to all property, 1867
both real and personal, pertaining thereto, shall be vested in the 1868
board of trustees of the technical college district in which such 1869
college is situated. The board may acquire by appropriation any 1870
land, rights, rights-of-way, franchises, easements, or other 1871
property necessary or proper for the construction or the efficient 1872
operation of any facility of the technical college district, 1873
pursuant to the procedure provided in section 5537.06 of the 1874
Revised Code, with respect to the Ohio turnpike and infrastructure1875
commission, and insofar as such procedure is applicable.1876

       Any instrument by which real property is acquired pursuant to 1877
this section shall identify the agency of the state that has the 1878
use and benefit of the real property as specified in section 1879
5301.012 of the Revised Code.1880

       Sec. 3705.242. (A)(1) The director of health, a person 1881
authorized by the director, a local commissioner of health, or a 1882
local registrar of vital statistics shall charge and collect a fee 1883
of one dollar and fifty cents for each certified copy of a birth 1884
record, each certification of birth, and each copy of a death 1885
record. The fee is in addition to the fee imposed by section 1886
3705.24 or any other section of the Revised Code. A local 1887
commissioner of health or local registrar of vital statistics may 1888
retain an amount of each additional fee collected, not to exceed 1889
three per cent of the amount of the additional fee, to be used for 1890
costs directly related to the collection of the fee and the 1891
forwarding of the fee to the department of health. 1892

       The additional fees collected by the director of health or a 1893
person authorized by the director and the additional fees 1894
collected but not retained by a local commissioner of health or a 1895
local registrar of vital statistics shall be forwarded to the 1896
department of health not later than thirty days following the end 1897
of each quarter. Not later than two days after the fees are 1898
forwarded to the department each quarter, the department shall pay 1899
the collected fees to the treasurer of state in accordance with 1900
rules adopted by the treasurer of state under section 113.08 of 1901
the Revised Code.1902

       (2) On the filing of a divorce decree under section 3105.10 1903
or a decree of dissolution under section 3105.65 of the Revised 1904
Code, a court of common pleas shall charge and collect a fee of 1905
five dollars and fifty cents. The fee is in addition to any other 1906
court costs or fees. The county clerk of courts may retain an 1907
amount of each additional fee collected, not to exceed three per 1908
cent of the amount of the additional fee, to be used for costs 1909
directly related to the collection of the fee and the forwarding 1910
of the fee to the treasurer of state. The additional fees 1911
collected, but not retained, under division (A)(2) of this section 1912
shall be forwarded to the treasurer of state not later than twenty 1913
days following the end of each month.1914

       (B) The treasurer of state shall deposit the fees paid or 1915
forwarded under this section in the state treasury to the credit 1916
of the family violence prevention fund, which is hereby created. A 1917
person or government entity that fails to pay or forward the fees 1918
in a timelythe manner, as determined by the treasurer of state1919
described in this section, shall send to the treasurer of state, 1920
in addition to the fees,department of public safety a penalty 1921
equal to ten per cent of the fees. The department of public safety 1922
shall forward all collected late fees to the treasurer of state 1923
for deposit into the family violence prevention fund in accordance 1924
with rules adopted by the treasurer of state under section 113.08 1925
of the Revised Code.1926

       The treasurer of state shall invest the moneys in the fund. 1927
All earnings resulting from investment of the fund shall be 1928
credited to the fund, except that actual administration costs 1929
incurred by the treasurer of state in administering the fund may 1930
be deducted from the earnings resulting from investments. The 1931
amount that may be deducted shall not exceed three per cent of the 1932
total amount of fees credited to the fund in each fiscal year. The 1933
balance of the investment earnings shall be credited to the fund.1934

       (C) The director of public safety shall use money credited to 1935
the fund to provide grants to family violence shelters in Ohio and 1936
to operate the division of criminal justice services.1937

       Sec. 3791.12.  (A) As used in this section and section 1938
3791.13 of the Revised Code:1939

       (1) "Service station" means any facility designed and 1940
constructed primarily for use in the retail sale of gasoline, 1941
other petroleum products, and related accessories; except that 1942
"service station" does not include any such facility that has been 1943
converted for use for another bona fide business purpose, on and 1944
after the date of commencement of such other use.1945

       (2) "Abandoned service station" means any service station 1946
that has not been used for the retail sale of gasoline, other 1947
petroleum products, and related accessories for a continuous 1948
period of six months, whenever failure to reasonably secure 1949
station buildings from ready access by unauthorized persons and to 1950
reasonably maintain the station's premises has resulted in 1951
conditions that endanger the public health, welfare, safety, or 1952
morals; provided, that such conditions include, but are not 1953
limited to, the presence of defective or deteriorated electrical 1954
wiring, heating apparatus, and gas connections, or of unprotected 1955
gasoline storage tanks, piping, and valves, or any combination of 1956
the foregoing; and provided further that the casual and 1957
intermittent use of a service station for the retail sale of any 1958
item described in division (A)(1) of this section during such 1959
six-month period shall not be held to prevent the station from 1960
being determined an abandoned service station if it meets the 1961
other qualifications of this division.1962

       (B) The executive authority of each municipal corporation and 1963
the board of county commissioners of each county shall designate a 1964
suitable person to make inspections, within their respective 1965
territorial jurisdictions, of any service stations that are, or 1966
appear to be, no longer in use for the purposes described in 1967
division (A)(1) of this section 3791.11 of the Revised Code, or 1968
for any other bona fide business purpose. Inspections of service 1969
stations under this section shall be made at the order of the 1970
executive authority or board, or upon the complaint of any person 1971
claiming to be adversely affected by the condition of a service 1972
station. Any inspector designated under this section shall have 1973
the right to enter upon and inspect any service station that is, 1974
or appears to be, no longer in use as described in this section. 1975
No inspector, while in the lawful pursuit of official duties for 1976
such purpose, shall be subject to arrest for trespass while so 1977
engaged or for such cause thereafter.1978

       (B)(C) Whenever an inspector, upon inspecting a service 1979
station as provided in this section, has reasonable cause to 1980
believe that it qualifies as an abandoned service station, the 1981
inspector shall prepare a written report of the condition of the 1982
station's buildings and premises. The report shall be filed 1983
immediately with the executive authority or board. Upon receipt of 1984
the report, the executive authority or board shall fix a place and 1985
time, not less than thirty days nor more than sixty days after 1986
receipt of the report, for a hearing to determine whether the 1987
service station is an abandoned service station. The executive 1988
authority or board shall send written notice of the place and date 1989
of the hearing, together with a copy of the inspector's report and 1990
information that the service station may be ordered repaired or 1991
removed if determined to be abandoned, to all persons listed in 1992
the bond filed under division (C) of section 3791.11 of the 1993
Revised Coderecords of the county recorder as an owner of the 1994
affected property, and to all persons listed in the records of the 1995
county recorder or county clerk of courts as holding a lien on the 1996
affected property. Such notice shall be sent by certified mail to 1997
the address shown on such records.1998

       (C)(D) In hearing the matter and deciding the issue, the 1999
executive authority or board shall consider the testimony of any 2000
persons appearing pursuant to the notice or their authorized 2001
representatives, the testimony of any witnesses appearing on 2002
behalf of such persons, the inspector's report or testimony, or 2003
both, and any other evidence pertinent to the matter. If the 2004
executive authority or board thereupon determines that the service 2005
station is an abandoned service station in such condition as to 2006
constitute a danger to the public health, welfare, safety, or 2007
morals, it shall order the satisfactory repair, or removal, of the 2008
service station and its appurtenances, and restoration of the 2009
property, within such period of time, not less than thirty days, 2010
as the executive authority or board thereupon determines 2011
reasonable. Notice of the findings and order shall be sent to all 2012
persons required to be notified by division (B)(C) of this section 2013
in the same manner as provided in that division.2014

       (D)(E) If an abandoned service station is not satisfactorily 2015
repaired or removed within the period of time provided in an order 2016
made under division (C)(D) of this section, the municipal 2017
corporation or county may enter the land and complete the repair, 2018
if repair was ordered, or remove the service station and its 2019
appurtenances, if removal was ordered, and restore the property.2020

       (E)(F) Any person aggrieved by an order of an executive 2021
authority or board made under division (C)(D) of this section, may 2022
appeal as provided in Chapter 2506. of the Revised Code within 2023
thirty days of the mailing of notice of the order.2024

       (F)(G) In the event that no persons notified as provided in 2025
division (B)(C) of this section, or their authorized 2026
representatives, appear at the hearing, respond to an order of the 2027
executive authority or board, or appeal within thirty days of the 2028
mailing of notice of the order as provided in division (E)(F) of 2029
this section, the municipal corporation or county may proceed as 2030
provided in division (D)(E) of this section.2031

       Sec. 3791.13.  (A) When a municipal corporation or county 2032
enters and repairs or removes an abandoned service station and its 2033
appurtenances and restores the property as provided in division 2034
(D)(E) or (F)(G) of section 3791.12 of the Revised Code, it may 2035
bring an action on the bond filed pursuant to division (C) of 2036
section 3791.11 of the Revised Code to recover the costs of repair 2037
or removal and restoration, plus the costs of the suit. If the 2038
costs of repair or removal and restoration exceed the amount 2039
collected on the bond, theThe owner of the property and any 2040
lessee, other than a person leasing and operating the service 2041
station pursuant to a contract with a supplier of gasoline and 2042
other petroleum products, shall be jointly and severally liable 2043
for the deficiencycosts.2044

       (B) Sections 3791.11, 3791.12, 3791.13 and 3791.99 of the 2045
Revised Code shall be an alternative remedy for the removal of 2046
abandoned service stations and shall not invalidate municipal 2047
ordinances regulating the use, requiring maintenance or repair, or 2048
providing for the removal of service stations.2049

       Sec. 3791.99. (A) Whoever violates division (B) of section 2050
3791.11 or division (D) of section 3791.21 of the Revised Code is 2051
guilty of a minor misdemeanor, and each day the violation 2052
continues constitutes a separate offense.2053

       (B) Whoever violates this chapter or any rule adopted or 2054
order issued pursuant to it that relates to the construction, 2055
alteration, or repair of any building, and the violation is not 2056
detrimental to the health, safety, or welfare of any person, shall 2057
be fined not more than one hundred dollars.2058

       (C) Whoever violates this chapter or any rule adopted or 2059
order issued pursuant to it that relates to the construction, 2060
alteration, or repair of any building, and the violation is 2061
detrimental to the health, safety, or welfare of any person, is 2062
guilty of a minor misdemeanor.2063

       Sec. 4501.01.  As used in this chapter and Chapters 4503., 2064
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the 2065
Revised Code, and in the penal laws, except as otherwise provided:2066

       (A) "Vehicles" means everything on wheels or runners, 2067
including motorized bicycles, but does not mean electric personal 2068
assistive mobility devices, vehicles that are operated exclusively 2069
on rails or tracks or from overhead electric trolley wires, and 2070
vehicles that belong to any police department, municipal fire 2071
department, or volunteer fire department, or that are used by such 2072
a department in the discharge of its functions.2073

       (B) "Motor vehicle" means any vehicle, including mobile homes 2074
and recreational vehicles, that is propelled or drawn by power 2075
other than muscular power or power collected from overhead 2076
electric trolley wires. "Motor vehicle" does not include utility 2077
vehicles as defined in division (VV) of this section, motorized 2078
bicycles, road rollers, traction engines, power shovels, power 2079
cranes, and other equipment used in construction work and not 2080
designed for or employed in general highway transportation, 2081
well-drilling machinery, ditch-digging machinery, farm machinery, 2082
and trailers that are designed and used exclusively to transport a 2083
boat between a place of storage and a marina, or in and around a 2084
marina, when drawn or towed on a public road or highway for a 2085
distance of no more than ten miles and at a speed of twenty-five 2086
miles per hour or less.2087

       (C) "Agricultural tractor" and "traction engine" mean any 2088
self-propelling vehicle that is designed or used for drawing other 2089
vehicles or wheeled machinery, but has no provisions for carrying 2090
loads independently of such other vehicles, and that is used 2091
principally for agricultural purposes.2092

       (D) "Commercial tractor," except as defined in division (C) 2093
of this section, means any motor vehicle that has motive power and 2094
either is designed or used for drawing other motor vehicles, or is 2095
designed or used for drawing another motor vehicle while carrying 2096
a portion of the other motor vehicle or its load, or both.2097

       (E) "Passenger car" means any motor vehicle that is designed 2098
and used for carrying not more than nine persons and includes any 2099
motor vehicle that is designed and used for carrying not more than 2100
fifteen persons in a ridesharing arrangement.2101

       (F) "Collector's vehicle" means any motor vehicle or 2102
agricultural tractor or traction engine that is of special 2103
interest, that has a fair market value of one hundred dollars or 2104
more, whether operable or not, and that is owned, operated, 2105
collected, preserved, restored, maintained, or used essentially as 2106
a collector's item, leisure pursuit, or investment, but not as the 2107
owner's principal means of transportation. "Licensed collector's 2108
vehicle" means a collector's vehicle, other than an agricultural 2109
tractor or traction engine, that displays current, valid license 2110
tags issued under section 4503.45 of the Revised Code, or a 2111
similar type of motor vehicle that displays current, valid license 2112
tags issued under substantially equivalent provisions in the laws 2113
of other states.2114

       (G) "Historical motor vehicle" means any motor vehicle that 2115
is over twenty-five years old and is owned solely as a collector's 2116
item and for participation in club activities, exhibitions, tours, 2117
parades, and similar uses, but that in no event is used for 2118
general transportation.2119

       (H) "Noncommercial motor vehicle" means any motor vehicle, 2120
including a farm truck as defined in section 4503.04 of the 2121
Revised Code, that is designed by the manufacturer to carry a load 2122
of no more than one ton and is used exclusively for purposes other 2123
than engaging in business for profit.2124

       (I) "Bus" means any motor vehicle that has motor power and is 2125
designed and used for carrying more than nine passengers, except 2126
any motor vehicle that is designed and used for carrying not more 2127
than fifteen passengers in a ridesharing arrangement.2128

       (J) "Commercial car" or "truck" means any motor vehicle that 2129
has motor power and is designed and used for carrying merchandise 2130
or freight, or that is used as a commercial tractor.2131

       (K) "Bicycle" means every device, other than a tricycle2132
device that is designed solely for use as a play vehicle by a 2133
child, that is propelled solely by human power upon which anya2134
person may ride, and that has two tandemor more wheels, or one 2135
wheel in front and two wheels in the rear, or two wheels in the 2136
front and one wheel in the rear, any of which is more than 2137
fourteen inches in diameter.2138

       (L) "Motorized bicycle" means any vehicle that either has two 2139
tandem wheels or one wheel in the front and two wheels in the 2140
rear, that is capable of being pedaled, and that is equipped with 2141
a helper motor of not more than fifty cubic centimeters piston 2142
displacement that produces no more than one brake horsepower and 2143
is capable of propelling the vehicle at a speed of no greater than 2144
twenty miles per hour on a level surface.2145

       (M) "Trailer" means any vehicle without motive power that is 2146
designed or used for carrying property or persons wholly on its 2147
own structure and for being drawn by a motor vehicle, and includes 2148
any such vehicle that is formed by or operated as a combination of 2149
a semitrailer and a vehicle of the dolly type such as that 2150
commonly known as a trailer dolly, a vehicle used to transport 2151
agricultural produce or agricultural production materials between 2152
a local place of storage or supply and the farm when drawn or 2153
towed on a public road or highway at a speed greater than 2154
twenty-five miles per hour, and a vehicle that is designed and 2155
used exclusively to transport a boat between a place of storage 2156
and a marina, or in and around a marina, when drawn or towed on a 2157
public road or highway for a distance of more than ten miles or at 2158
a speed of more than twenty-five miles per hour. "Trailer" does 2159
not include a manufactured home or travel trailer.2160

       (N) "Noncommercial trailer" means any trailer, except a 2161
travel trailer or trailer that is used to transport a boat as 2162
described in division (B) of this section, but, where applicable, 2163
includes a vehicle that is used to transport a boat as described 2164
in division (M) of this section, that has a gross weight of no 2165
more than ten thousand pounds, and that is used exclusively for 2166
purposes other than engaging in business for a profit, such as the 2167
transportation of personal items for personal or recreational 2168
purposes.2169

       (O) "Mobile home" means a building unit or assembly of closed 2170
construction that is fabricated in an off-site facility, is more 2171
than thirty-five body feet in length or, when erected on site, is 2172
three hundred twenty or more square feet, is built on a permanent 2173
chassis, is transportable in one or more sections, and does not 2174
qualify as a manufactured home as defined in division (C)(4) of 2175
section 3781.06 of the Revised Code or as an industrialized unit 2176
as defined in division (C)(3) of section 3781.06 of the Revised 2177
Code.2178

       (P) "Semitrailer" means any vehicle of the trailer type that 2179
does not have motive power and is so designed or used with another 2180
and separate motor vehicle that in operation a part of its own 2181
weight or that of its load, or both, rests upon and is carried by 2182
the other vehicle furnishing the motive power for propelling 2183
itself and the vehicle referred to in this division, and includes, 2184
for the purpose only of registration and taxation under those 2185
chapters, any vehicle of the dolly type, such as a trailer dolly, 2186
that is designed or used for the conversion of a semitrailer into 2187
a trailer.2188

       (Q) "Recreational vehicle" means a vehicular portable 2189
structure that meets all of the following conditions:2190

       (1) It is designed for the sole purpose of recreational 2191
travel.2192

       (2) It is not used for the purpose of engaging in business 2193
for profit.2194

       (3) It is not used for the purpose of engaging in intrastate 2195
commerce.2196

       (4) It is not used for the purpose of commerce as defined in 2197
49 C.F.R. 383.5, as amended.2198

       (5) It is not regulated by the public utilities commission 2199
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.2200

       (6) It is classed as one of the following:2201

       (a) "Travel trailer" means a nonself-propelled recreational 2202
vehicle that does not exceed an overall length of thirty-five 2203
feet, exclusive of bumper and tongue or coupling, and contains 2204
less than three hundred twenty square feet of space when erected 2205
on site. "Travel trailer" includes a tent-type fold-out camping 2206
trailer as defined in section 4517.01 of the Revised Code.2207

       (b) "Motor home" means a self-propelled recreational vehicle 2208
that has no fifth wheel and is constructed with permanently 2209
installed facilities for cold storage, cooking and consuming of 2210
food, and for sleeping.2211

       (c) "Truck camper" means a nonself-propelled recreational 2212
vehicle that does not have wheels for road use and is designed to 2213
be placed upon and attached to a motor vehicle. "Truck camper" 2214
does not include truck covers that consist of walls and a roof, 2215
but do not have floors and facilities enabling them to be used as 2216
a dwelling.2217

       (d) "Fifth wheel trailer" means a vehicle that is of such 2218
size and weight as to be movable without a special highway permit, 2219
that has a gross trailer area of four hundred square feet or less, 2220
that is constructed with a raised forward section that allows a 2221
bi-level floor plan, and that is designed to be towed by a vehicle 2222
equipped with a fifth-wheel hitch ordinarily installed in the bed 2223
of a truck.2224

       (e) "Park trailer" means a vehicle that is commonly known as 2225
a park model recreational vehicle, meets the American national 2226
standard institute standard A119.5 (1988) for park trailers, is 2227
built on a single chassis, has a gross trailer area of four 2228
hundred square feet or less when set up, is designed for seasonal 2229
or temporary living quarters, and may be connected to utilities 2230
necessary for the operation of installed features and appliances.2231

       (R) "Pneumatic tires" means tires of rubber and fabric or 2232
tires of similar material, that are inflated with air.2233

       (S) "Solid tires" means tires of rubber or similar elastic 2234
material that are not dependent upon confined air for support of 2235
the load.2236

       (T) "Solid tire vehicle" means any vehicle that is equipped 2237
with two or more solid tires.2238

       (U) "Farm machinery" means all machines and tools that are 2239
used in the production, harvesting, and care of farm products, and 2240
includes trailers that are used to transport agricultural produce 2241
or agricultural production materials between a local place of 2242
storage or supply and the farm, agricultural tractors, threshing 2243
machinery, hay-baling machinery, corn shellers, hammermills, and 2244
machinery used in the production of horticultural, agricultural, 2245
and vegetable products.2246

       (V) "Owner" includes any person or firm, other than a 2247
manufacturer or dealer, that has title to a motor vehicle, except 2248
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" 2249
includes in addition manufacturers and dealers.2250

       (W) "Manufacturer" and "dealer" include all persons and firms 2251
that are regularly engaged in the business of manufacturing, 2252
selling, displaying, offering for sale, or dealing in motor 2253
vehicles, at an established place of business that is used 2254
exclusively for the purpose of manufacturing, selling, displaying, 2255
offering for sale, or dealing in motor vehicles. A place of 2256
business that is used for manufacturing, selling, displaying, 2257
offering for sale, or dealing in motor vehicles shall be deemed to 2258
be used exclusively for those purposes even though snowmobiles or 2259
all-purpose vehicles are sold or displayed for sale thereat, even 2260
though farm machinery is sold or displayed for sale thereat, or 2261
even though repair, accessory, gasoline and oil, storage, parts, 2262
service, or paint departments are maintained thereat, or, in any 2263
county having a population of less than seventy-five thousand at 2264
the last federal census, even though a department in a place of 2265
business is used to dismantle, salvage, or rebuild motor vehicles 2266
by means of used parts, if such departments are operated for the 2267
purpose of furthering and assisting in the business of 2268
manufacturing, selling, displaying, offering for sale, or dealing 2269
in motor vehicles. Places of business or departments in a place of 2270
business used to dismantle, salvage, or rebuild motor vehicles by 2271
means of using used parts are not considered as being maintained 2272
for the purpose of assisting or furthering the manufacturing, 2273
selling, displaying, and offering for sale or dealing in motor 2274
vehicles.2275

       (X) "Operator" includes any person who drives or operates a 2276
motor vehicle upon the public highways.2277

       (Y) "Chauffeur" means any operator who operates a motor 2278
vehicle, other than a taxicab, as an employee for hire; or any 2279
operator whether or not the owner of a motor vehicle, other than a 2280
taxicab, who operates such vehicle for transporting, for gain, 2281
compensation, or profit, either persons or property owned by 2282
another. Any operator of a motor vehicle who is voluntarily 2283
involved in a ridesharing arrangement is not considered an 2284
employee for hire or operating such vehicle for gain, 2285
compensation, or profit.2286

       (Z) "State" includes the territories and federal districts of 2287
the United States, and the provinces of Canada.2288

       (AA) "Public roads and highways" for vehicles includes all 2289
public thoroughfares, bridges, and culverts.2290

       (BB) "Manufacturer's number" means the manufacturer's 2291
original serial number that is affixed to or imprinted upon the 2292
chassis or other part of the motor vehicle.2293

       (CC) "Motor number" means the manufacturer's original number 2294
that is affixed to or imprinted upon the engine or motor of the 2295
vehicle.2296

       (DD) "Distributor" means any person who is authorized by a 2297
motor vehicle manufacturer to distribute new motor vehicles to 2298
licensed motor vehicle dealers at an established place of business 2299
that is used exclusively for the purpose of distributing new motor 2300
vehicles to licensed motor vehicle dealers, except when the 2301
distributor also is a new motor vehicle dealer, in which case the 2302
distributor may distribute at the location of the distributor's 2303
licensed dealership.2304

       (EE) "Ridesharing arrangement" means the transportation of 2305
persons in a motor vehicle where the transportation is incidental 2306
to another purpose of a volunteer driver and includes ridesharing 2307
arrangements known as carpools, vanpools, and buspools.2308

       (FF) "Apportionable vehicle" means any vehicle that is used 2309
or intended for use in two or more international registration plan 2310
member jurisdictions that allocate or proportionally register 2311
vehicles, that is used for the transportation of persons for hire 2312
or designed, used, or maintained primarily for the transportation 2313
of property, and that meets any of the following qualifications:2314

       (1) Is a power unit having a gross vehicle weight in excess 2315
of twenty-six thousand pounds;2316

       (2) Is a power unit having three or more axles, regardless of 2317
the gross vehicle weight;2318

       (3) Is a combination vehicle with a gross vehicle weight in 2319
excess of twenty-six thousand pounds.2320

       "Apportionable vehicle" does not include recreational 2321
vehicles, vehicles displaying restricted plates, city pick-up and 2322
delivery vehicles, buses used for the transportation of chartered 2323
parties, or vehicles owned and operated by the United States, this 2324
state, or any political subdivisions thereof.2325

       (GG) "Chartered party" means a group of persons who contract 2326
as a group to acquire the exclusive use of a passenger-carrying 2327
motor vehicle at a fixed charge for the vehicle in accordance with 2328
the carrier's tariff, lawfully on file with the United States 2329
department of transportation, for the purpose of group travel to a 2330
specified destination or for a particular itinerary, either agreed 2331
upon in advance or modified by the chartered group after having 2332
left the place of origin.2333

       (HH) "International registration plan" means a reciprocal 2334
agreement of member jurisdictions that is endorsed by the American 2335
association of motor vehicle administrators, and that promotes and 2336
encourages the fullest possible use of the highway system by 2337
authorizing apportioned registration of fleets of vehicles and 2338
recognizing registration of vehicles apportioned in member 2339
jurisdictions.2340

       (II) "Restricted plate" means a license plate that has a 2341
restriction of time, geographic area, mileage, or commodity, and 2342
includes license plates issued to farm trucks under division (J) 2343
of section 4503.04 of the Revised Code.2344

       (JJ) "Gross vehicle weight," with regard to any commercial 2345
car, trailer, semitrailer, or bus that is taxed at the rates 2346
established under section 4503.042 or 4503.65 of the Revised Code, 2347
means the unladen weight of the vehicle fully equipped plus the 2348
maximum weight of the load to be carried on the vehicle.2349

       (KK) "Combined gross vehicle weight" with regard to any 2350
combination of a commercial car, trailer, and semitrailer, that is 2351
taxed at the rates established under section 4503.042 or 4503.65 2352
of the Revised Code, means the total unladen weight of the 2353
combination of vehicles fully equipped plus the maximum weight of 2354
the load to be carried on that combination of vehicles.2355

       (LL) "Chauffeured limousine" means a motor vehicle that is 2356
designed to carry nine or fewer passengers and is operated for 2357
hire on an hourly basis pursuant to a prearranged contract for the 2358
transportation of passengers on public roads and highways along a 2359
route under the control of the person hiring the vehicle and not 2360
over a defined and regular route. "Prearranged contract" means an 2361
agreement, made in advance of boarding, to provide transportation 2362
from a specific location in a chauffeured limousine at a fixed 2363
rate per hour or trip. "Chauffeured limousine" does not include 2364
any vehicle that is used exclusively in the business of funeral 2365
directing.2366

       (MM) "Manufactured home" has the same meaning as in division 2367
(C)(4) of section 3781.06 of the Revised Code.2368

       (NN) "Acquired situs," with respect to a manufactured home or 2369
a mobile home, means to become located in this state by the 2370
placement of the home on real property, but does not include the 2371
placement of a manufactured home or a mobile home in the inventory 2372
of a new motor vehicle dealer or the inventory of a manufacturer, 2373
remanufacturer, or distributor of manufactured or mobile homes.2374

       (OO) "Electronic" includes electrical, digital, magnetic, 2375
optical, electromagnetic, or any other form of technology that 2376
entails capabilities similar to these technologies.2377

       (PP) "Electronic record" means a record generated, 2378
communicated, received, or stored by electronic means for use in 2379
an information system or for transmission from one information 2380
system to another.2381

       (QQ) "Electronic signature" means a signature in electronic 2382
form attached to or logically associated with an electronic 2383
record.2384

       (RR) "Financial transaction device" has the same meaning as 2385
in division (A) of section 113.40 of the Revised Code.2386

       (SS) "Electronic motor vehicle dealer" means a motor vehicle 2387
dealer licensed under Chapter 4517. of the Revised Code whom the 2388
registrar of motor vehicles determines meets the criteria 2389
designated in section 4503.035 of the Revised Code for electronic 2390
motor vehicle dealers and designates as an electronic motor 2391
vehicle dealer under that section.2392

       (TT) "Electric personal assistive mobility device" means a 2393
self-balancing two non-tandem wheeled device that is designed to 2394
transport only one person, has an electric propulsion system of an 2395
average of seven hundred fifty watts, and when ridden on a paved 2396
level surface by an operator who weighs one hundred seventy pounds 2397
has a maximum speed of less than twenty miles per hour.2398

       (UU) "Limited driving privileges" means the privilege to 2399
operate a motor vehicle that a court grants under section 4510.021 2400
of the Revised Code to a person whose driver's or commercial 2401
driver's license or permit or nonresident operating privilege has 2402
been suspended.2403

       (VV) "Utility vehicle" means a self-propelled vehicle 2404
designed with a bed, principally for the purpose of transporting 2405
material or cargo in connection with construction, agricultural, 2406
forestry, grounds maintenance, lawn and garden, materials 2407
handling, or similar activities. "Utility vehicle" includes a 2408
vehicle with a maximum attainable speed of twenty miles per hour 2409
or less that is used exclusively within the boundaries of state 2410
parks by state park employees or volunteers for the operation or 2411
maintenance of state park facilities.2412

       Sec. 4501.03.  The registrar of motor vehicles shall open an 2413
account with each county and district of registration in the 2414
state, and may assign each county and district of registration in 2415
the state a unique code for identification purposes. Except as 2416
provided in section 4501.044 or division (A)(1) of section 2417
4501.045 of the Revised Code, the registrar shall pay all moneys 2418
the registrar receives under sections 4503.02,and 4503.12, and 2419
4504.09 of the Revised Code into the state treasury to the credit 2420
of the auto registration distribution fund, which is hereby 2421
created, for distribution in the manner provided for in this 2422
section and sectionssection 4501.04, 4501.041, 4501.042, and 2423
4501.043 of the Revised Code. All other moneys received by the 2424
registrar shall be deposited in the state bureau of motor vehicles 2425
fund established in section 4501.25 of the Revised Code for the 2426
purposes enumerated in that section, unless otherwise provided by 2427
law.2428

       All moneys credited to the auto registration distribution 2429
fund shall be distributed to the counties and districts of 2430
registration, except for funds received by the registrar under 2431
section 4504.09 of the Revised Code, after receipt of 2432
certifications from the commissioners of the sinking fund 2433
certifying, as required by sections 5528.15 and 5528.35 of the 2434
Revised Code, that there are sufficient moneys to the credit of 2435
the highway improvement bond retirement fund created by section 2436
5528.12 of the Revised Code to meet in full all payments of 2437
interest, principal, and charges for the retirement of bonds and 2438
other obligations issued pursuant to Section 2g of Article VIII, 2439
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised 2440
Code due and payable during the current calendar year, and that 2441
there are sufficient moneys to the credit of the highway 2442
obligations bond retirement fund created by section 5528.32 of the 2443
Revised Code to meet in full all payments of interest, principal, 2444
and charges for the retirement of highway obligations issued 2445
pursuant to Section 2i of Article VIII, Ohio Constitution, and 2446
sections 5528.30 and 5528.31 of the Revised Code due and payable 2447
during the current calendar year, in the manner provided in 2448
section 4501.04 of the Revised Code.2449

       The treasurer of state may invest any portion of the moneys 2450
credited to the auto registration distribution fund, in the same 2451
manner and subject to all the laws with respect to the investment 2452
of state funds by the treasurer of state, and all investment 2453
earnings of the fund shall be credited to the fund.2454

       Once each month the registrar shall prepare vouchers in favor 2455
of the county auditor of each county for the amount of the tax 2456
collection pursuant to sections 4503.02 and 4503.12 of the Revised 2457
Code apportioned to the county and to the districts of 2458
registration located wholly or in part in the county auditor's 2459
county. The county auditor shall distribute the proceeds of the 2460
tax collections due the county and the districts of registration 2461
in the manner provided in section 4501.04 of the Revised Code.2462

       Once each month the registrar also shall prepare vouchers in 2463
favor of the county auditor of each county levying a county motor 2464
vehicle license tax pursuant to section 4504.02, 4504.15, or 2465
4504.16 of the Revised Code and of each county in which is located 2466
one or more townships levying a township motor vehicle license tax 2467
pursuant to section 4504.18 of the Revised Code for the amount of 2468
the tax due the county or townships in the county.2469

       All moneys received by the registrar under sections 4503.02,2470
and 4503.12, and 4504.09 of the Revised Code shall be distributed 2471
to counties, townships, and municipal corporations within thirty 2472
days of the expiration of the registration year, except that a sum 2473
equal to five per cent of the total amount received under sections 2474
4503.02 and 4503.12 of the Revised Code may be reserved to make 2475
final adjustments in accordance with the formula for distribution 2476
set forth in section 4501.04 of the Revised Code. If amounts set 2477
aside to make the adjustments are inadequate, necessary 2478
adjustments shall be made immediately out of funds available for 2479
distribution for the following two registration years.2480

       Sec. 4501.031.  All moneys received under section 4504.09 of 2481
the Revised Code shall be paid into the state treasury to the 2482
credit of the local motor vehicle license tax fund, which is 2483
hereby created, for distribution in the manner provided for in 2484
this chapter. The treasurer of state may invest any portion of the 2485
moneys credited to the fund in the same manner and subject to all 2486
the laws governing the investment of state funds by the treasurer 2487
of state. All investment earnings of the fund shall be credited to 2488
the fund.2489

       The registrar of motor vehicles shall open an account with 2490
each county and district of registration in the state, and may 2491
assign each county and district a code for identification 2492
purposes. The code for a county or district may be the same as the 2493
code assigned to the county or district by the registrar under 2494
section 4501.03 of the Revised Code.2495

       Once each month the registrar shall prepare vouchers in favor 2496
of the county auditor of each county levying a county motor 2497
vehicle license tax pursuant to section 4504.02, 4504.15, or 2498
4504.16 of the Revised Code and of each county in which is located 2499
one or more townships levying a township motor vehicle license tax 2500
pursuant to section 4504.18 of the Revised Code for the amount of 2501
the tax due the county or townships in the county.2502

       All moneys received by the registrar under section 4504.09 of 2503
the Revised Code shall be distributed to counties, townships, and 2504
municipal corporations within thirty days of the expiration of the 2505
registration year. Necessary adjustments shall be made immediately 2506
out of funds available for distribution for the following two 2507
registration years.2508

       Sec. 4501.04.  All moneys paid into the auto registration 2509
distribution fund under section 4501.03 of the Revised Code, 2510
except moneys received under section 4504.09 of the Revised Code 2511
and moneys received under section 4503.02 of the Revised Code in 2512
accordance with section 4501.13 of the Revised Code, and except 2513
moneys paid for costs of audits under section 4501.03 of the 2514
Revised Code, after receipt by the treasurer of state of 2515
certifications from the commissioners of the sinking fund 2516
certifying, as required by sections 5528.15 and 5528.35 of the 2517
Revised Code, that there are sufficient moneys to the credit of 2518
the highway improvement bond retirement fund created by section 2519
5528.12 of the Revised Code to meet in full all payments of 2520
interest, principal, and charges for the retirement of bonds and 2521
other obligations issued pursuant to Section 2g of Article VIII, 2522
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised 2523
Code, due and payable during the current calendar year, and that 2524
there are sufficient moneys to the credit of the highway 2525
obligations bond retirement fund created by section 5528.32 of the 2526
Revised Code to meet in full all payments of interest, principal, 2527
and charges for the retirement of highway obligations issued 2528
pursuant to Section 2i of Article VIII, Ohio Constitution, and 2529
sections 5528.30 and 5528.31 of the Revised Code due and payable 2530
during the current calendar year, shall be distributed as follows:2531

       (A) Thirty-four per cent of all such moneys are for the use 2532
of the municipal corporation or county which constitutes the 2533
district of registration. The portion of such money due to the 2534
municipal corporation shall be paid into its treasury forthwith 2535
upon receipt by the county auditor, and shall be used to plan, 2536
construct, reconstruct, repave, widen, maintain, repair, clear, 2537
and clean public highways, roads, and streets; to maintain and 2538
repair bridges and viaducts; to purchase, erect, and maintain 2539
street and traffic signs and markers; to purchase, erect, and 2540
maintain traffic lights and signals; to pay the principal, 2541
interest, and charges on bonds and other obligations issued 2542
pursuant to Chapter 133. of the Revised Code or incurred pursuant 2543
to section 5531.09 of the Revised Code for the purpose of 2544
acquiring or constructing roads, highways, bridges, or viaducts, 2545
or acquiring or making other highway improvements for which the 2546
municipal corporation may issue bonds; and to supplement revenue 2547
already available for such purposes.2548

       The county portion of such funds shall be retained in the 2549
county treasury and shall be used for the planning, maintenance, 2550
repair, construction, and repaving of public streets, and 2551
maintaining and repairing bridges and viaducts; the payment of 2552
principal, interest, and charges on bonds and other obligations 2553
issued pursuant to Chapter 133. of the Revised Code or incurred 2554
pursuant to section 5531.09 of the Revised Code for the purpose of 2555
acquiring or constructing roads, highways, bridges, or viaducts or 2556
acquiring or making other highway improvements for which the board 2557
of county commissioners may issue bonds under such chapter; and 2558
for no other purpose.2559

       (B) Five per cent of all such moneys, together with interest 2560
earned by the treasurer of state as provided in section 4501.03 of 2561
the Revised Code, shall constitute a fund for the use of the 2562
several counties for the purposes specified in division (C) of 2563
this section. The moneys shall be divided equally among all the 2564
counties in the state and shall be paid out by the registrar of 2565
motor vehicles in equal proportions to the county auditor of each 2566
county within the state.2567

       (C) Forty-seven per cent of all such moneys shall be for the 2568
use of the county in which the owner resides or in which the place 2569
is located at which the established business or branch business in 2570
connection with which the motor vehicle registered is used, for 2571
the planning, construction, reconstruction, improvement, 2572
maintenance, and repair of roads and highways; maintaining and 2573
repairing bridges and viaducts; and the payment of principal, 2574
interest, and charges on bonds and other obligations issued 2575
pursuant to Chapter 133. of the Revised Code or incurred pursuant 2576
to section 5531.09 of the Revised Code for the purpose of 2577
acquiring or constructing roads, highways, bridges, or viaducts or 2578
acquiring or making other highway improvements for which the board 2579
of county commissioners may issue bonds under such chapter.2580

       (D) Nine per cent of all such moneys shall be for the use of 2581
the several counties for the purposes specified in division (C) of 2582
this section and shall be distributed to the several counties in 2583
the ratio which the total number of miles of county roads under 2584
the jurisdiction of each board of county commissioners in each 2585
county bears to the total number of miles of county roads in the 2586
state, as determined by the director of transportation. Before 2587
such distribution is made each board of county commissioners shall 2588
certify in writing to the director the actual number of miles 2589
under its statutory jurisdiction which are used by and maintained 2590
for the public.2591

       (E) Five per cent of all such moneys shall be for the use of 2592
the several townships and shall be distributed to the several 2593
townships in the ratio which the total number of miles of township 2594
roads under the jurisdiction of each board of township trustees in 2595
each township bears to the total number of miles of township roads 2596
in the state, as determined by the director of transportation. 2597
Before such distribution is made each board of township trustees 2598
shall certify in writing to the director the actual number of 2599
miles under its statutory jurisdiction which are used by and 2600
maintained for the public.2601

       Sec. 4501.041.  Except as provided in section 4501.042 of the 2602
Revised Code, all moneys received under section 4504.09 of the 2603
Revised Code with respect to counties levying county motor vehicle 2604
license taxes pursuant to section 4504.02, 4504.15, or 4504.16 of 2605
the Revised Code and paid into the state treasury under section 2606
4501.034501.031 of the Revised Code shall be distributed to the 2607
respective counties levying such taxes for allocation and 2608
distribution as provided in section 4504.05 of the Revised Code.2609

       Sec. 4501.042.  All moneys received under section 4504.09 of 2610
the Revised Code from municipal motor vehicle license taxes levied 2611
pursuant to section 4504.06, 4504.17, 4504.171, or 4504.172 of the 2612
Revised Code, and any part of the moneys received from county 2613
motor vehicle license taxes levied pursuant to section 4504.15 of 2614
the Revised Code which is to be distributed to municipal 2615
corporations, shall be paid directly into the state treasury to 2616
the credit of the local motor vehicle license tax fund created 2617
under section 4501.031 of the Revised Code and shall be 2618
distributed to the treasuries of the municipal corporations 2619
levying or entitled to such tax moneys.2620

       Sec. 4501.043.  All moneys received under section 4504.09 of 2621
the Revised Code with respect to townships levying township 2622
license taxes pursuant to section 4504.18 of the Revised Code and 2623
paid into the state treasury under section 4501.034501.031 of the 2624
Revised Code shall be distributed to the respective townships 2625
levying such taxes for allocation and distribution as provided in 2626
section 4504.19 of the Revised Code.2627

       Sec. 4501.06.  The taxes, fees, and fines levied, charged, or 2628
referred to in division (O) of section 4503.04, division (E) of 2629
section 4503.042, division (B) of section 4503.07, division (C)(1) 2630
of section 4503.10, division (D) of section 4503.182, division (A) 2631
of section 4503.19, division (D)(2) of section 4507.24, division 2632
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11, 2633
4505.111, 4506.08, 4506.09, 4507.23, 4508.05, 4513.53, and 5502.12 2634
of the Revised Code, and the taxes charged in section 4503.65 that 2635
are distributed in accordance with division (A)(2) of section 2636
4501.044 of the Revised Code unless otherwise designated by law, 2637
shall be deposited in the state treasury to the credit of the 2638
state highway safety fund, which is hereby created, and. Money 2639
credited to the fund shall, after receipt of certifications from 2640
the commissioners of the sinking fund certifying that there are 2641
sufficient moneys to the credit of the highway obligations bond 2642
retirement fund created by section 5528.32 of the Revised Code to 2643
meet in full all payments of interest, principal, and charges for 2644
the retirement of highway obligations issued pursuant to Section 2645
2i of Article VIII, Ohio Constitution, and sections 5528.30 and 2646
5528.31 of the Revised Code due and payable during the current 2647
calendar year, be used for the purpose of enforcing and paying the 2648
expenses of administering the law relative to the registration and 2649
operation of motor vehicles on the public roads or highways. 2650
Amounts credited to the fund may also be used to pay the expenses 2651
of administering and enforcing the laws under which such fees were 2652
collected. All investment earnings of the state highway safety 2653
fund shall be credited to the fund.2654

       Sec. 4503.03.  (A)(1)(a) The registrar of motor vehicles may 2655
designate the county auditor in each county a deputy registrar. If 2656
the population of a county is forty thousand or less according to 2657
the last federal census and if the county auditor is designated by 2658
the registrar as a deputy registrar, no other person need be 2659
designated in the county to act as a deputy registrar.2660

       (b) The registrar may designate a clerk of a court of common 2661
pleas as a deputy registrar if the population of the county is 2662
forty thousand or less according to the last federal census. In a 2663
county with a population greater than forty thousand but not more 2664
than fifty thousand according to the last federal census, the 2665
clerk of a court of common pleas is eligible to act as a deputy 2666
registrar and may participate in the competitive selection process 2667
for the award of a deputy registrar contract by applying in the 2668
same manner as any other person. All fees collected and retained 2669
by a clerk for conducting deputy registrar services shall be paid 2670
into the county treasury to the credit of the certificate of title 2671
administration fund created under section 325.33 of the Revised 2672
Code.2673

       (c) In all other instances, the registrar shall contract with 2674
one or more other persons in each county to act as deputy 2675
registrars. Notwithstanding the county population restrictions in 2676
division (A)(1)(b) of this section, if no person applies to act 2677
under contract as a deputy registrar in a county and the county 2678
auditor is not designated as a deputy registrar, the registrar may 2679
ask the clerk of a court of common pleas to serve as the deputy 2680
registrar for that county.2681

       (2) Deputy registrars shall accept applications for the 2682
annual license tax for any vehicle not taxed under section 4503.63 2683
of the Revised Code and shall assign distinctive numbers in the 2684
same manner as the registrar. Such deputies shall be located in 2685
such locations in the county as the registrar sees fit. There 2686
shall be at least one deputy registrar in each county.2687

       Deputy registrar contracts are subject to the provisions of 2688
division (B) of section 125.081 of the Revised Code.2689

       (B) The registrar shall not contract with any person to act 2690
as a deputy registrar if the person or, where applicable, the 2691
person's spouse or a member of the person's immediate family has 2692
made, within the current calendar year or any one of the previous 2693
three calendar years, one or more contributions totaling in excess 2694
of one hundred dollars to any person or entity included in 2695
division (A)(2) of section 4503.033 of the Revised Code. As used 2696
in this division, "immediate family" has the same meaning as in 2697
division (D) of section 102.01 of the Revised Code, and "entity" 2698
includes any political party and any "continuing association" as 2699
defined in division (B)(4) of section 3517.01 of the Revised Code 2700
or "political action committee" as defined in division (B)(8) of 2701
that section that is primarily associated with that political 2702
party. For purposes of this division, contributions to any 2703
continuing association or any political action committee that is 2704
primarily associated with a political party shall be aggregated 2705
with contributions to that political party.2706

       The contribution limitations contained in this division do 2707
not apply to any county auditor or clerk of a court of common 2708
pleas. A county auditor or clerk of a court of common pleas is not 2709
required to file the disclosure statement or pay the filing fee 2710
required under section 4503.033 of the Revised Code. The 2711
limitations of this division also do not apply to a deputy 2712
registrar who, subsequent to being awarded a deputy registrar 2713
contract, is elected to an office of a political subdivision.2714

       The registrar shall not contract with either of the following 2715
to act as a deputy registrar:2716

       (1) Any elected public official other than a county auditor 2717
or, as authorized by division (A)(1)(b) of this section, a clerk 2718
of a court of common pleas, acting in an official capacity, except 2719
that, the registrar shall continue and may renew a contract with 2720
any deputy registrar who, subsequent to being awarded a deputy 2721
registrar contract, is elected to an office of a political 2722
subdivision;2723

       (2) Any person holding a current, valid contract to conduct 2724
motor vehicle inspections under section 3704.14 of the Revised 2725
Code.2726

       As used in division (B) of this section, "political 2727
subdivision" has the same meaning as in section 3501.01 of the 2728
Revised Code.2729

       (C)(1) Except as provided in division (C)(2) of this section, 2730
deputy registrars are independent contractors and neither they nor 2731
their employees are employees of this state, except that nothing 2732
in this section shall affect the status of county auditors or 2733
clerks of courts of common pleas as public officials, nor the 2734
status of their employees as employees of any of the counties of 2735
this state, which are political subdivisions of this state. Each 2736
deputy registrar shall be responsible for the payment of all 2737
unemployment compensation premiums, all workers' compensation 2738
premiums, social security contributions, and any and all taxes for 2739
which the deputy registrar is legally responsible. Each deputy 2740
registrar shall comply with all applicable federal, state, and 2741
local laws requiring the withholding of income taxes or other 2742
taxes from the compensation of the deputy registrar's employees. 2743
Each deputy registrar shall maintain during the entire term of the 2744
deputy registrar's contract a policy of business liability 2745
insurance satisfactory to the registrar and shall hold the 2746
department of public safety, the director of public safety, the 2747
bureau of motor vehicles, and the registrar harmless upon any and 2748
all claims for damages arising out of the operation of the deputy 2749
registrar agency.2750

       (2) For purposes of Chapter 4141. of the Revised Code, 2751
determinations concerning the employment of deputy registrars and 2752
their employees shall be made under Chapter 4141. of the Revised 2753
Code.2754

       (D)(1) With the approval of the director, the registrar shall 2755
adopt rules governing the terms of the contract between the 2756
registrar and each deputy registrar and specifications for the 2757
services to be performed. The rules shall include specifications 2758
relating to the amount of bond to be given as provided in this 2759
section; the size and location of the deputy's office; and the 2760
leasing of equipment necessary to conduct the vision screenings 2761
required under section 4507.12 of the Revised Code and training in 2762
the use of the equipment. The specifications shall permit and 2763
encourage every deputy registrar to inform the public of the 2764
location of the deputy registrar's office and hours of operation 2765
by means of public service announcements and allow any deputy 2766
registrar to advertise in regard to the operation of the deputy 2767
registrar's office. The rules also shall include specifications 2768
for the hours the deputy's office is to be open to the public and 2769
shall require as a minimum that one deputy's office in each county 2770
be open to the public for at least four hours each weekend, 2771
provided that if only one deputy's office is located within the 2772
boundary of the county seat, that office is the office that shall 2773
be open for the four-hour period each weekend, and that every 2774
deputy's office in each county shall be open to the public until 2775
six-thirty p.m. on at least one weeknight each week. The rules 2776
also shall include specifications providing that every deputy in 2777
each county, upon request, provide any person with information 2778
about the location and office hours of all deputy registrars in 2779
the county and that every deputy prominently display within the 2780
deputy's office, the toll-free telephone number of the bureau. The 2781
rules shall not prohibit the award of a deputy registrar contract 2782
to a nonprofit corporation formed under the laws of this state. 2783
The rules shall prohibit any deputy registrar from operating more 2784
than one such office at any time, except that the rules may permit 2785
a nonprofit corporation formed for the purposes of providing 2786
automobile-related services to its members or the public and that 2787
provides such services from more than one location in this state 2788
to operate a deputy registrar office at any such location, 2789
provided that the nonprofit corporation operates no more than one 2790
deputy registrar office in any one county. The rules may include 2791
such other specifications as the registrar and director consider 2792
necessary to provide a high level of service.2793

       The rules shall establish procedures for a deputy registrar 2794
who requests such authority to collect reinstatement fees under 2795
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22, 2796
4510.72, and 4511.191 of the Revised Code and to transmit the 2797
reinstatement fees and two dollars of the service fee collected 2798
under those sections. The registrar shall ensure that, not later 2799
than January 1, 2012, at least one deputy registrar in each county 2800
has the necessary equipment and is able to accept reinstatement 2801
fees. The registrar shall deposit the service fees received from a 2802
deputy registrar under those sections into the state bureau of 2803
motor vehicles fund created in section 4501.25 of the Revised Code 2804
and shall use the money for deputy registrar equipment necessary 2805
in connection with accepting reinstatement fees.2806

       (2) As a daily adjustment, the bureau of motor vehicles shall 2807
credit to a deputy registrar three dollars and fifty cents for 2808
each damaged license plate or validation sticker the deputy 2809
registrar replaces as a service to a member of the public.2810

       (3)(a) With the prior approval of the registrar, each deputy 2811
registrar may conduct at the location of the deputy registrar's 2812
office any business that is consistent with the functions of a 2813
deputy registrar and that is not specifically mandated or 2814
authorized by this or another chapter of the Revised Code or by 2815
implementing rules of the registrar.2816

       (b) In accordance with guidelines the director of public 2817
safety shall establish, a deputy registrar may operate or contract 2818
for the operation of a vending machine at a deputy registrar 2819
location if products of the vending machine are consistent with 2820
the functions of a deputy registrar.2821

       (c) A deputy registrar may sell or lease equipment and 2822
facilitate such accounts and other transactions necessary for a 2823
person to participate in the multi-jurisdiction electronic toll 2824
collection system utilized by the Ohio turnpike and infrastructure 2825
commission. A deputy registrar may charge a reasonable fee for 2826
these products and services. The approval of the registrar is not 2827
necessary if a deputy registrar engages in this activity. As used 2828
in this division, "Ohio turnpike system" has the same meaning as 2829
in section 5537.01 of the Revised Code.2830

       (4) As used in this section and in section 4507.01 of the 2831
Revised Code, "nonprofit corporation" has the same meaning as in 2832
section 1702.01 of the Revised Code.2833

       (E) Unless otherwise terminated and except for interim 2834
contracts of less than one year, contracts with deputy registrars 2835
shall be for a term of at least two years, but no more than three 2836
years, and all contracts effective on or after July 1, 1996, shall 2837
be for a term of more than two years, but not more than three 2838
years. All contracts with deputy registrars shall expire on the 2839
last Saturday of June in the year of their expiration. The auditor 2840
of state may examine the accounts, reports, systems, and other 2841
data of each deputy registrar at least every two years. The 2842
registrar, with the approval of the director, shall immediately 2843
remove a deputy who violates any provision of the Revised Code 2844
related to the duties as a deputy, any rule adopted by the 2845
registrar, or a term of the deputy's contract with the registrar. 2846
The registrar also may remove a deputy who, in the opinion of the 2847
registrar, has engaged in any conduct that is either unbecoming to 2848
one representing this state or is inconsistent with the efficient 2849
operation of the deputy's office.2850

       If the registrar, with the approval of the director, 2851
determines that there is good cause to believe that a deputy 2852
registrar or a person proposing for a deputy registrar contract 2853
has engaged in any conduct that would require the denial or 2854
termination of the deputy registrar contract, the registrar may 2855
require the production of books, records, and papers as the 2856
registrar determines are necessary, and may take the depositions 2857
of witnesses residing within or outside the state in the same 2858
manner as is prescribed by law for the taking of depositions in 2859
civil actions in the court of common pleas, and for that purpose 2860
the registrar may issue a subpoena for any witness or a subpoena 2861
duces tecum to compel the production of any books, records, or 2862
papers, directed to the sheriff of the county where the witness 2863
resides or is found. Such a subpoena shall be served and returned 2864
in the same manner as a subpoena in a criminal case is served and 2865
returned. The fees of the sheriff shall be the same as that 2866
allowed in the court of common pleas in criminal cases. Witnesses 2867
shall be paid the fees and mileage provided for under section 2868
119.094 of the Revised Code. The fees and mileage shall be paid 2869
from the fund in the state treasury for the use of the agency in 2870
the same manner as other expenses of the agency are paid.2871

       In any case of disobedience or neglect of any subpoena served 2872
on any person or the refusal of any witness to testify to any 2873
matter regarding which the witness lawfully may be interrogated, 2874
the court of common pleas of any county where the disobedience, 2875
neglect, or refusal occurs or any judge of that court, on 2876
application by the registrar, shall compel obedience by attachment 2877
proceedings for contempt, as in the case of disobedience of the 2878
requirements of a subpoena issued from that court, or a refusal to 2879
testify in that court.2880

       Nothing in this division shall be construed to require a 2881
hearing of any nature prior to the termination of any deputy 2882
registrar contract by the registrar, with the approval of the 2883
director, for cause.2884

       (F) Except as provided in section 2743.03 of the Revised 2885
Code, no court, other than the court of common pleas of Franklin 2886
county, has jurisdiction of any action against the department of 2887
public safety, the director, the bureau, or the registrar to 2888
restrain the exercise of any power or authority, or to entertain 2889
any action for declaratory judgment, in the selection and 2890
appointment of, or contracting with, deputy registrars. Neither 2891
the department, the director, the bureau, nor the registrar is 2892
liable in any action at law for damages sustained by any person 2893
because of any acts of the department, the director, the bureau, 2894
or the registrar, or of any employee of the department or bureau, 2895
in the performance of official duties in the selection and 2896
appointment of, and contracting with, deputy registrars.2897

       (G) The registrar shall assign to each deputy registrar a 2898
series of numbers sufficient to supply the demand at all times in 2899
the area the deputy registrar serves, and the registrar shall keep 2900
a record in the registrar's office of the numbers within the 2901
series assigned. Each deputy shall be required to give bond in the 2902
amount of at least twenty-five thousand dollars, or in such higher 2903
amount as the registrar determines necessary, based on a uniform 2904
schedule of bond amounts established by the registrar and 2905
determined by the volume of registrations handled by the deputy. 2906
The form of the bond shall be prescribed by the registrar. The 2907
bonds required of deputy registrars, in the discretion of the 2908
registrar, may be individual or schedule bonds or may be included 2909
in any blanket bond coverage carried by the department.2910

       (H) Each deputy registrar shall keep a file of each 2911
application received by the deputy and shall register that motor 2912
vehicle with the name and address of its owner.2913

       (I) Upon request, a deputy registrar shall make the physical 2914
inspection of a motor vehicle and issue the physical inspection 2915
certificate required in section 4505.061 of the Revised Code.2916

       (J) Each deputy registrar shall file a report semi-annually2917
semiannually with the registrar of motor vehicles listing the 2918
number of applicants for licenses the deputy has served, the 2919
number of voter registration applications the deputy has completed 2920
and transmitted to the board of elections, and the number of voter 2921
registration applications declined.2922

       Sec. 4503.04.  Except as provided in sections 4503.042 and 2923
4503.65 of the Revised Code for the registration of commercial 2924
cars, trailers, semitrailers, and certain buses, the rates of the 2925
taxes imposed by section 4503.02 of the Revised Code shall be as 2926
follows:2927

       (A) For motor vehicles having three wheels or less, the 2928
license tax is:2929

       (1) For each motorized bicycle, ten dollars;2930

       (2) For each motorcycle, fourteen dollars.2931

       (B) For each passenger car, twenty dollars;2932

       (C) For each manufactured home, each mobile home, and each 2933
travel trailer, ten dollars;2934

       (D) For each noncommercial motor vehicle designed by the 2935
manufacturer to carry a load of no more than three-quarters of one 2936
ton and for each motor home, thirty-five dollars; for each 2937
noncommercial motor vehicle designed by the manufacturer to carry 2938
a load of more than three-quarters of one ton, but not more than 2939
one ton, seventy dollars;2940

       (E) For each noncommercial trailer, the license tax is:2941

       (1) Eighty-five cents for each one hundred pounds or part 2942
thereof for the first two thousand pounds or part thereof of 2943
weight of vehicle fully equipped;2944

       (2) One dollar and forty cents for each one hundred pounds or 2945
part thereof in excess of two thousand pounds up to and including 2946
ten thousand pounds.2947

       (F) Notwithstanding its weight, twelve dollars for any:2948

       (1) Vehicle equipped, owned, and used by a charitable or 2949
nonprofit corporation exclusively for the purpose of administering 2950
chest x-rays or receiving blood donations;2951

       (2) Van used principally for the transportation of 2952
handicapped persons that has been modified by being equipped with 2953
adaptive equipment to facilitate the movement of such persons into 2954
and out of the van;2955

       (3) Bus used principally for the transportation of 2956
handicapped persons or persons sixty-five years of age or older.2957

       (G) Notwithstanding its weight, twenty dollars for any bus 2958
used principally for the transportation of persons in a 2959
ridesharing arrangement.2960

       (H) For each transit bus having motor power the license tax 2961
is twelve dollars.2962

       "Transit bus" means either a motor vehicle having a seating 2963
capacity of more than seven persons which is operated and used by 2964
any person in the rendition of a public mass transportation 2965
service primarily in a municipal corporation or municipal 2966
corporations and provided at least seventy-five per cent of the 2967
annual mileage of such service and use is within such municipal 2968
corporation or municipal corporations or a motor vehicle having a 2969
seating capacity of more than seven persons which is operated 2970
solely for the transportation of persons associated with a 2971
charitable or nonprofit corporation, but does not mean any motor 2972
vehicle having a seating capacity of more than seven persons when 2973
such vehicle is used in a ridesharing capacity or any bus 2974
described by division (F)(3) of this section.2975

       The application for registration of such transit bus shall be 2976
accompanied by an affidavit prescribed by the registrar of motor 2977
vehicles and signed by the person or an agent of the firm or 2978
corporation operating such bus stating that the bus has a seating 2979
capacity of more than seven persons, and that it is either to be 2980
operated and used in the rendition of a public mass transportation 2981
service and that at least seventy-five per cent of the annual 2982
mileage of such operation and use shall be within one or more 2983
municipal corporations or that it is to be operated solely for the 2984
transportation of persons associated with a charitable or 2985
nonprofit corporation.2986

       The form of the license plate, and the manner of its 2987
attachment to the vehicle, shall be prescribed by the registrar of 2988
motor vehicles.2989

       (I) The minimum tax for any vehicle having motor power other 2990
than a farm truck, a motorized bicycle, or motorcycle is ten 2991
dollars and eighty cents, and for each noncommercial trailer, five 2992
dollars.2993

       (J)(1) Except as otherwise provided in division (J) of this 2994
section, for each farm truck, except a noncommercial motor 2995
vehicle, that is owned, controlled, or operated by one or more 2996
farmers exclusively in farm use as defined in this section, and 2997
not for commercial purposes, and provided that at least 2998
seventy-five per cent of such farm use is by or for the one or 2999
more owners, controllers, or operators of the farm in the 3000
operation of which a farm truck is used, the license tax is five 3001
dollars plus:3002

       (a) Fifty cents per one hundred pounds or part thereof for 3003
the first three thousand pounds;3004

       (b) Seventy cents per one hundred pounds or part thereof in 3005
excess of three thousand pounds up to and including four thousand 3006
pounds;3007

       (c) Ninety cents per one hundred pounds or part thereof in 3008
excess of four thousand pounds up to and including six thousand 3009
pounds;3010

       (d) Two dollars for each one hundred pounds or part thereof 3011
in excess of six thousand pounds up to and including ten thousand 3012
pounds;3013

       (e) Two dollars and twenty-five cents for each one hundred 3014
pounds or part thereof in excess of ten thousand pounds;3015

       (f) The minimum license tax for any farm truck shall be 3016
twelve dollars.3017

       (2) The owner of a farm truck may register the truck for a 3018
period of one-half year by paying one-half the registration tax 3019
imposed on the truck under this chapter and one-half the amount of 3020
any tax imposed on the truck under Chapter 4504. of the Revised 3021
Code.3022

       (3) A farm bus may be registered for a period of ninetytwo 3023
hundred ten days from the date of issue of the license plates for 3024
the bus, for a fee of ten dollars, provided such license plates 3025
shall not be issued for more than any two ninety-day periodsone 3026
such period in any calendar year. Such use does not include the 3027
operation of trucks by commercial processors of agricultural 3028
products.3029

       (4) License plates for farm trucks and for farm buses shall 3030
have some distinguishing marks, letters, colors, or other 3031
characteristics to be determined by the director of public safety.3032

       (5) Every person registering a farm truck or bus under this 3033
section shall furnish an affidavit certifying that the truck or 3034
bus licensed to that person is to be so used as to meet the 3035
requirements necessary for the farm truck or farm bus 3036
classification.3037

       Any farmer may use a truck owned by the farmer for commercial 3038
purposes by paying the difference between the commercial truck 3039
registration fee and the farm truck registration fee for the 3040
remaining part of the registration period for which the truck is 3041
registered. Such remainder shall be calculated from the beginning 3042
of the semiannual period in which application for such commercial 3043
license is made.3044

       Taxes at the rates provided in this section are in lieu of 3045
all taxes on or with respect to the ownership of such motor 3046
vehicles, except as provided in section 4503.042 and section 3047
4503.06 of the Revised Code.3048

       (K) Other than trucks registered under the international 3049
registration plan in another jurisdiction and for which this state 3050
has received an apportioned registration fee, the license tax for 3051
each truck which is owned, controlled, or operated by a 3052
nonresident, and licensed in another state, and which is used 3053
exclusively for the transportation of nonprocessed agricultural 3054
products intrastate, from the place of production to the place of 3055
processing, is twenty-four dollars.3056

       "Truck," as used in this division, means any pickup truck, 3057
straight truck, semitrailer, or trailer other than a travel 3058
trailer. Nonprocessed agricultural products, as used in this 3059
division, does not include livestock or grain.3060

       A license issued under this division shall be issued for a 3061
period of one hundred thirty days in the same manner in which all 3062
other licenses are issued under this section, provided that no 3063
truck shall be so licensed for more than one 3064
one-hundred-thirty-day period during any calendar year.3065

       The license issued pursuant to this division shall consist of 3066
a windshield decal to be designed by the director of public 3067
safety.3068

       Every person registering a truck under this division shall 3069
furnish an affidavit certifying that the truck licensed to the 3070
person is to be used exclusively for the purposes specified in 3071
this division.3072

       (L) Every person registering a motor vehicle as a 3073
noncommercial motor vehicle as defined in section 4501.01 of the 3074
Revised Code, or registering a trailer as a noncommercial trailer 3075
as defined in that section, shall furnish an affidavit certifying 3076
that the motor vehicle or trailer so licensed to the person is to 3077
be so used as to meet the requirements necessary for the 3078
noncommercial vehicle classification.3079

       (M) Every person registering a van or bus as provided in 3080
divisions (F)(2) and (3) of this section shall furnish a notarized 3081
statement certifying that the van or bus licensed to the person is 3082
to be used for the purposes specified in those divisions. The form 3083
of the license plate issued for such motor vehicles shall be 3084
prescribed by the registrar.3085

       (N) Every person registering as a passenger car a motor 3086
vehicle designed and used for carrying more than nine but not more 3087
than fifteen passengers, and every person registering a bus as 3088
provided in division (G) of this section, shall furnish an 3089
affidavit certifying that the vehicle so licensed to the person is 3090
to be used in a ridesharing arrangement and that the person will 3091
have in effect whenever the vehicle is used in a ridesharing 3092
arrangement a policy of liability insurance with respect to the 3093
motor vehicle in amounts and coverages no less than those required 3094
by section 4509.79 of the Revised Code. The form of the license 3095
plate issued for such a motor vehicle shall be prescribed by the 3096
registrar.3097

       (O)(1) Commencing on October 1, 2009, if an application for 3098
registration renewal is not applied for prior to the expiration 3099
date of the registration or within seventhirty days after that 3100
date, the registrar or deputy registrar shall collect a fee of 3101
twentyten dollars for the issuance of the vehicle registration. 3102
For any motor vehicle that is used on a seasonal basis, whether 3103
used for general transportation or not, and that has not been used 3104
on the public roads or highways since the expiration of the 3105
registration, the registrar or deputy registrar shall waive the 3106
fee established under this division if the application is 3107
accompanied by supporting evidence of seasonal use as the 3108
registrar may require. The registrar or deputy registrar may waive 3109
the fee for other good cause shown if the application is 3110
accompanied by supporting evidence as the registrar may require. 3111
The fee shall be in addition to all other fees established by this 3112
section. A deputy registrar shall retain fifty cents of the fee 3113
and shall transmit the remaining amount to the registrar at the 3114
time and in the manner provided by section 4503.10 of the Revised 3115
Code. The registrar shall deposit all moneys received under this 3116
division into the state highway safety fund established in section 3117
4501.06 of the Revised Code.3118

       (2) Division (O)(1) of this section does not apply to a farm 3119
truck or farm bus registered under division (J) of this section.3120

       (P) As used in this section:3121

       (1) "Van" means any motor vehicle having a single rear axle 3122
and an enclosed body without a second seat.3123

       (2) "Handicapped person" means any person who has lost the 3124
use of one or both legs, or one or both arms, or is blind, deaf, 3125
or so severely disabled as to be unable to move about without the 3126
aid of crutches or a wheelchair.3127

       (3) "Farm truck" means a truck used in the transportation 3128
from the farm of products of the farm, including livestock and its 3129
products, poultry and its products, floricultural and 3130
horticultural products, and in the transportation to the farm of 3131
supplies for the farm, including tile, fence, and every other 3132
thing or commodity used in agricultural, floricultural, 3133
horticultural, livestock, and poultry production and livestock, 3134
poultry, and other animals and things used for breeding, feeding, 3135
or other purposes connected with the operation of the farm.3136

       (4) "Farm bus" means a bus used only for the transportation 3137
of agricultural employees and used only in the transportation of 3138
such employees as are necessary in the operation of the farm.3139

       (5) "Farm supplies" includes fuel used exclusively in the 3140
operation of a farm, including one or more homes located on and 3141
used in the operation of one or more farms, and furniture and 3142
other things used in and around such homes.3143

       Sec. 4503.042.  The registrar of motor vehicles shall adopt 3144
rules establishing the date, subsequent to this state's entry into 3145
membership in the international registration plan, when the rates 3146
established by this section become operative.3147

       (A) The rates of the taxes imposed by section 4503.02 of the 3148
Revised Code are as follows for commercial cars having a gross 3149
vehicle weight or combined gross vehicle weight of:3150

       (1) Not more than two thousand pounds, forty-five dollars;3151

       (2) More than two thousand but not more than six thousand 3152
pounds, seventy dollars;3153

       (3) More than six thousand but not more than ten thousand 3154
pounds, eighty-five dollars;3155

       (4) More than ten thousand but not more than fourteen 3156
thousand pounds, one hundred five dollars;3157

       (5) More than fourteen thousand but not more than eighteen 3158
thousand pounds, one hundred twenty-five dollars;3159

       (6) More than eighteen thousand but not more than twenty-two 3160
thousand pounds, one hundred fifty dollars;3161

       (7) More than twenty-two thousand but not more than 3162
twenty-six thousand pounds, one hundred seventy-five dollars;3163

       (8) More than twenty-six thousand but not more than thirty 3164
thousand pounds, three hundred fifty-five dollars;3165

       (9) More than thirty thousand but not more than thirty-four 3166
thousand pounds, four hundred twenty dollars;3167

       (10) More than thirty-four thousand but not more than 3168
thirty-eight thousand pounds, four hundred eighty dollars;3169

       (11) More than thirty-eight thousand but not more than 3170
forty-two thousand pounds, five hundred forty dollars;3171

       (12) More than forty-two thousand but not more than forty-six 3172
thousand pounds, six hundred dollars;3173

       (13) More than forty-six thousand but not more than fifty 3174
thousand pounds, six hundred sixty dollars;3175

       (14) More than fifty thousand but not more than fifty-four 3176
thousand pounds, seven hundred twenty-five dollars;3177

       (15) More than fifty-four thousand but not more than 3178
fifty-eight thousand pounds, seven hundred eighty-five dollars;3179

       (16) More than fifty-eight thousand but not more than 3180
sixty-two thousand pounds, eight hundred fifty-five dollars;3181

       (17) More than sixty-two thousand but not more than sixty-six 3182
thousand pounds, nine hundred twenty-five dollars;3183

       (18) More than sixty-six thousand but not more than seventy 3184
thousand pounds, nine hundred ninety-five dollars;3185

       (19) More than seventy thousand but not more than 3186
seventy-four thousand pounds, one thousand eighty dollars;3187

       (20) More than seventy-four thousand but not more than 3188
seventy-eight thousand pounds, one thousand two hundred dollars;3189

       (21) More than seventy-eight thousand pounds, one thousand 3190
three hundred forty dollars.3191

       (B) The rates of the taxes imposed by section 4503.02 of the 3192
Revised Code are as follows for buses having a gross vehicle 3193
weight or combined gross vehicle weight of:3194

       (1) Not more than two thousand pounds, ten dollars;3195

       (2) More than two thousand but not more than six thousand 3196
pounds, forty dollars;3197

       (3) More than six thousand but not more than ten thousand 3198
pounds, one hundred dollars;3199

       (4) More than ten thousand but not more than fourteen 3200
thousand pounds, one hundred eighty dollars;3201

       (5) More than fourteen thousand but not more than eighteen 3202
thousand pounds, two hundred sixty dollars;3203

       (6) More than eighteen thousand but not more than twenty-two 3204
thousand pounds, three hundred forty dollars;3205

       (7) More than twenty-two thousand but not more than 3206
twenty-six thousand pounds, four hundred twenty dollars;3207

       (8) More than twenty-six thousand but not more than thirty 3208
thousand pounds, five hundred dollars;3209

       (9) More than thirty thousand but not more than thirty-four 3210
thousand pounds, five hundred eighty dollars;3211

       (10) More than thirty-four thousand but not more than 3212
thirty-eight thousand pounds, six hundred sixty dollars;3213

       (11) More than thirty-eight thousand but not more than 3214
forty-two thousand pounds, seven hundred forty dollars;3215

       (12) More than forty-two thousand but not more than forty-six 3216
thousand pounds, eight hundred twenty dollars;3217

       (13) More than forty-six thousand but not more than fifty 3218
thousand pounds, nine hundred forty dollars;3219

       (14) More than fifty thousand but not more than fifty-four 3220
thousand pounds, one thousand dollars;3221

       (15) More than fifty-four thousand but not more than 3222
fifty-eight thousand pounds, one thousand ninety dollars;3223

       (16) More than fifty-eight thousand but not more than 3224
sixty-two thousand pounds, one thousand one hundred eighty 3225
dollars;3226

       (17) More than sixty-two thousand but not more than sixty-six 3227
thousand pounds, one thousand two hundred seventy dollars;3228

       (18) More than sixty-six thousand but not more than seventy 3229
thousand pounds, one thousand three hundred sixty dollars;3230

       (19) More than seventy thousand but not more than 3231
seventy-four thousand pounds, one thousand four hundred fifty 3232
dollars;3233

       (20) More than seventy-four thousand but not more than 3234
seventy-eight thousand pounds, one thousand five hundred forty 3235
dollars;3236

       (21) More than seventy-eight thousand pounds, one thousand 3237
six hundred thirty dollars.3238

       (C) In addition to the license taxes imposed at the rates 3239
specified in divisions (A) and (B) of this section, an 3240
administrative fee of three dollars and fifty cents, plus an 3241
appropriate amount to cover the cost of postage, shall be 3242
collected by the registrar for each international registration 3243
plan license processed by the registrar. 3244

       (D) The rate of the tax for each trailer and semitrailer is 3245
twenty-five dollars.3246

       (E) Commencing on October 1, 2009, if an application for 3247
registration renewal is not applied for prior to the expiration 3248
date of the registration or within seventhirty days after that 3249
date, the registrar or deputy registrar shall collect a fee of 3250
twentyten dollars for the issuance of the vehicle registration, 3251
but may waive the fee for good cause shown if the application is 3252
accompanied by supporting evidence as the registrar may require. 3253
The fee shall be in addition to all other fees established by this 3254
section. A deputy registrar shall retain fifty cents of the fee 3255
and shall transmit the remaining amount to the registrar at the 3256
time and in the manner provided by section 4503.10 of the Revised 3257
Code. The registrar shall deposit all moneys received under this 3258
division into the state highway safety fund established in section 3259
4501.06 of the Revised Code.3260

       (F) The rates established by this section shall not apply to 3261
any of the following:3262

       (1) Vehicles equipped, owned, and used by a charitable or 3263
nonprofit corporation exclusively for the purpose of administering 3264
chest x-rays or receiving blood donations;3265

       (2) Vans used principally for the transportation of 3266
handicapped persons that have been modified by being equipped with 3267
adaptive equipment to facilitate the movement of such persons into 3268
and out of the vans;3269

       (3) Buses used principally for the transportation of 3270
handicapped persons or persons sixty-five years of age or older;3271

       (4) Buses used principally for the transportation of persons 3272
in a ridesharing arrangement;3273

       (5) Transit buses having motor power;3274

       (6) Noncommercial trailers, mobile homes, or manufactured 3275
homes.3276

       Sec. 4503.07.  (A) In lieu of the schedule of rates for 3277
commercial cars fixed in section 4503.04 of the Revised Code, the 3278
fee shall be ten dollars for each church bus used exclusively to 3279
transport members of a church congregation to and from church 3280
services or church functions or to transport children and their 3281
authorized supervisors to and from any camping function sponsored 3282
by a nonprofit, tax-exempt, charitable or philanthropic 3283
organization. A church within the meaning of this section is an 3284
organized religious group, duly constituted with officers and a 3285
board of trustees, regularly holding religious services, and 3286
presided over or administered to by a properly accredited 3287
ecclesiastical officer, whose name and standing is published in 3288
the official publication of the officer's religious group.3289

       (B) Commencing on October 1, 2009, if an application for 3290
registration renewal is not applied for prior to the expiration 3291
date of the registration or within seventhirty days after that 3292
date, the registrar or deputy registrar shall collect a fee of 3293
twentyten dollars for the issuance of the vehicle registration, 3294
but may waive the fee for good cause shown if the application is 3295
accompanied by supporting evidence as the registrar may require. 3296
The fee shall be in addition to all other fees established by this 3297
section. A deputy registrar shall retain fifty cents of the fee 3298
and shall transmit the remaining amount to the registrar at the 3299
time and in the manner provided by section 4503.10 of the Revised 3300
Code. The registrar shall deposit all moneys received under this 3301
division into the state highway safety fund established in section 3302
4501.06 of the Revised Code.3303

       (C) The application for registration of such bus shall be 3304
accompanied by the following, as applicable:3305

       (1) An affidavit, prescribed by the registrar of motor 3306
vehicles and signed by either the senior pastor, minister, priest, 3307
or rabbi of the church making application or by the head of the 3308
governing body of the church making application, stating that the 3309
bus is to be used exclusively to transport members of a church 3310
congregation to and from church services or church functions or to 3311
transport children and their authorized supervisors to and from 3312
any camping function sponsored by a nonprofit, tax-exempt, 3313
charitable, or philanthropic organization;3314

       (2) A certificate from the state highway patrol stating that 3315
the bus involved is safe for operation in accordance with such 3316
standards as are prescribed by the state highway patrol if the bus 3317
meets either of the following:3318

       (a) It originally was designed by the manufacturer to 3319
transport sixteen or more passengers, including the driver;3320

       (b) It has a gross vehicle weight rating of ten thousand one 3321
pounds or more.3322

       (D) The form of the license plate and the manner of its 3323
attachment to the vehicle shall be prescribed by the registrar.3324

       Sec. 4503.103.  (A)(1)(a)(i) The registrar of motor vehicles 3325
may adopt rules to permit any person or lessee, other than a 3326
person receiving an apportioned license plate under the 3327
international registration plan, who owns or leases one or more 3328
motor vehicles to file a written application for registration for 3329
no more than five succeeding registration years. The rules adopted 3330
by the registrar may designate the classes of motor vehicles that 3331
are eligible for such registration. At the time of application, 3332
all annual taxes and fees shall be paid for each year for which 3333
the person is registering.3334

       (ii)(2)(a) Not later than October 1, 2009December 31, 2013, 3335
the registrar shall adopt rules to permit any person or lessee who 3336
owns or leases a trailer or semitrailer that is subject to the tax 3337
rates prescribed in section 4503.042 of the Revised Code for such 3338
trailers or semitrailers to file a written application for 3339
registration for not more than fiveany number of succeeding 3340
registration years, including a permanent registration. At the 3341
time of application, all annual taxes and fees shall be paid for 3342
each year for which the person is registering, provided that the 3343
annual taxes due, regardless of the number of years for which the 3344
person is registering, shall not exceed two hundred dollars. A 3345
person who registers a vehicle under division (A)(1)(a)(ii)(2) of 3346
this section shall pay for each year of registration the 3347
additional fee established under division (C)(1) of section 3348
4503.10 of the Revised Code, provided that the additional fee due, 3349
regardless of the number of years for which the person is 3350
registering, shall not exceed eighty-eight dollars. The person 3351
also shall pay one single deputy registrar service fee in the 3352
amount specified in division (D) of section 4503.10 of the Revised 3353
Code or one single bureau of motor vehicles service fee in the 3354
amount specified in division (G) of that section, as applicable, 3355
regardless of the number of years for which the person is 3356
registering.3357

       (b) In addition, each person registering a trailer or 3358
semitrailer under division (A)(2)(a) of this section shall pay any 3359
applicable local motor vehicle license tax levied under Chapter 3360
4504. of Revised Code for each year for which the person is 3361
registering, provided that not more than eight times any such 3362
annual local taxes shall be due upon registration.3363

        (c) The period of registration for a trailer or semitrailer 3364
registered under division (A)(2)(a) of this section is exclusive 3365
to the trailer or semitrailer for which that certificate of 3366
registration is issued and is not transferable to any other 3367
trailer or semitrailer.3368

       (b)(i)(3) Except as provided in division (A)(1)(b)(ii)(4) of 3369
this section, the registrar shall adopt rules to permit any person 3370
who owns a motor vehicle to file an application for registration 3371
for the next two succeeding registration years. At the time of 3372
application, the person shall pay the annual taxes and fees for 3373
each registration year, calculated in accordance with division (C) 3374
of section 4503.11 of the Revised Code. A person who is 3375
registering a vehicle under division (A)(1)(b)(3) of this section 3376
shall pay for each year of registration the additional fee 3377
established under division (C)(1) of section 4503.10 of the 3378
Revised Code. The person shall also pay one and one-half times the 3379
amount of the deputy registrar service fee specified in division 3380
(D) of section 4503.10 of the Revised Code or the bureau of motor 3381
vehicles service fee specified in division (G) of that section, as 3382
applicable.3383

       (ii)(4) Division (A)(1)(b)(i)(3) of this section does not 3384
apply to a person receiving an apportioned license plate under the 3385
international registration plan, or the owner of a commercial car 3386
used solely in intrastate commerce, or the owner of a bus as 3387
defined in section 4513.50 of the Revised Code.3388

       (2)(B) No person applying for a multi-year registration under 3389
division (A)(1) of this section is entitled to a refund of any 3390
taxes or fees paid.3391

       (3)(C) The registrar shall not issue to any applicant who has 3392
been issued a final, nonappealable order under division (B)(D) of 3393
this section a multi-year registration or renewal thereof under 3394
this division or rules adopted under it for any motor vehicle that 3395
is required to be inspected under section 3704.14 of the Revised 3396
Code the district of registration of which, as determined under 3397
section 4503.10 of the Revised Code, is or is located in the 3398
county named in the order.3399

       (B)(D) Upon receipt from the director of environmental 3400
protection of a notice issued under rules adopted under section 3401
3704.14 of the Revised Code indicating that an owner of a motor 3402
vehicle that is required to be inspected under that section who 3403
obtained a multi-year registration for the vehicle under division 3404
(A) of this section or rules adopted under that division has not 3405
obtained a required inspection certificate for the vehicle, the 3406
registrar in accordance with Chapter 119. of the Revised Code 3407
shall issue an order to the owner impounding the certificate of 3408
registration and identification license plates for the vehicle. 3409
The order also shall prohibit the owner from obtaining or renewing 3410
a multi-year registration for any vehicle that is required to be 3411
inspected under that section, the district of registration of 3412
which is or is located in the same county as the county named in 3413
the order during the number of years after expiration of the 3414
current multi-year registration that equals the number of years 3415
for which the current multi-year registration was issued.3416

       An order issued under this division shall require the owner 3417
to surrender to the registrar the certificate of registration and 3418
license plates for the vehicle named in the order within five days 3419
after its issuance. If the owner fails to do so within that time, 3420
the registrar shall certify that fact to the county sheriff or 3421
local police officials who shall recover the certificate of 3422
registration and license plates for the vehicle.3423

       (C)(E) Upon the occurrence of either of the following 3424
circumstances, the registrar in accordance with Chapter 119. of 3425
the Revised Code shall issue to the owner a modified order 3426
rescinding the provisions of the order issued under division 3427
(B)(D) of this section impounding the certificate of registration 3428
and license plates for the vehicle named in that original order:3429

       (1) Receipt from the director of environmental protection of 3430
a subsequent notice under rules adopted under section 3704.14 of 3431
the Revised Code that the owner has obtained the inspection 3432
certificate for the vehicle as required under those rules;3433

       (2) Presentation to the registrar by the owner of the 3434
required inspection certificate for the vehicle.3435

       (D)(F) The owner of a motor vehicle for which the certificate 3436
of registration and license plates have been impounded pursuant to 3437
an order issued under division (B)(D) of this section, upon 3438
issuance of a modified order under division (C)(E) of this 3439
section, may apply to the registrar for their return. A fee of two 3440
dollars and fifty cents shall be charged for the return of the 3441
certificate of registration and license plates for each vehicle 3442
named in the application.3443

       Sec. 4503.11.  (A) Except as provided by sections 4503.103, 3444
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no 3445
person who is the owner or chauffeur of a motor vehicle operated 3446
or driven upon the public roads or highways shall fail to file 3447
annually the application for registration or to pay the tax 3448
therefor.3449

       (B) Except as provided by sections 4503.12 and 4503.16 of the 3450
Revised Code, the taxes payable on all applications made under 3451
sections 4503.10 and 4503.102 of the Revised Code shall be the sum 3452
of the tax due under division (B)(1)(a) or (b) of this section 3453
plus the tax due under division (B)(2)(a) or (b) of this section:3454

       (1)(a) If the application is made before the second month of 3455
the current registration period to which the motor vehicle is 3456
assigned as provided in section 4503.101 of the Revised Code, the 3457
tax due is the full amount of the tax provided in section 4503.04 3458
of the Revised Code;3459

       (b) If the application is made during or after the second 3460
month of the current registration period to which the motor 3461
vehicle is assigned as provided in section 4503.101 of the Revised 3462
Code, and prior to the beginning of the next such registration 3463
period, the amount of the tax provided in section 4503.04 of the 3464
Revised Code shall be reduced by one-twelfth of the amount of such 3465
tax, rounded upward to the nearest cent, multiplied by the number 3466
of full months that have elapsed in the current registration 3467
period. The resulting amount shall be rounded upward to the next 3468
highest dollar and shall be the amount of tax due.3469

       (2)(a) If the application is made before the sixth month of 3470
the current registration period to which the motor vehicle is 3471
assigned as provided in section 4503.101 of the Revised Code, the 3472
amount of tax due is the full amount of local motor vehicle 3473
license taxes levied under Chapter 4504. of the Revised Code;3474

       (b) If the application is made during or after the sixth 3475
month of the current registration period to which the motor 3476
vehicle is assigned as provided in section 4503.101 of the Revised 3477
Code and prior to the beginning of the next such registration 3478
period, the amount of tax due is one-half of the amount of local 3479
motor vehicle license taxes levied under Chapter 4504. of the 3480
Revised Code.3481

       (C) The taxes payable on all applications made under division 3482
(A)(1)(b)(3) of section 4503.103 of the Revised Code shall be the 3483
sum of the tax due under division (B)(1)(a) or (b) of this section 3484
plus the tax due under division (B)(2)(a) or (b) of this section 3485
for the first year plus the full amount of the tax provided in 3486
section 4503.04 of the Revised Code and the full amount of local 3487
motor vehicle license taxes levied under Chapter 4504. of the 3488
Revised Code for the second year.3489

       (D) Whoever violates this section is guilty of a misdemeanor 3490
of the fourth degree.3491

       Sec. 4503.19.  (A) Upon the filing of an application for 3492
registration and the payment of the tax for registration, the 3493
registrar of motor vehicles or a deputy registrar shall determine 3494
whether the owner previously has been issued license plates for 3495
the motor vehicle described in the application. If no license 3496
plates previously have been issued to the owner for that motor 3497
vehicle, the registrar or deputy registrar shall assign to the 3498
motor vehicle a distinctive number and issue and deliver to the 3499
owner in the manner that the registrar may select a certificate of 3500
registration, in the form that the registrar shall prescribe, and, 3501
except as otherwise provided in this section, two license plates, 3502
duplicates of each other, and a validation sticker, or a 3503
validation sticker alone, to be attached to the number plates as 3504
provided in section 4503.191 of the Revised Code. The registrar or 3505
deputy registrar also shall charge the owner any fees required 3506
under division (C) of section 4503.10 of the Revised Code. 3507
Trailers, manufactured homes, mobile homes, semitrailers, the 3508
manufacturer thereof, the dealer, or in transit companies therein, 3509
shall be issued one license plate only and one validation sticker, 3510
or a validation sticker alone, and the license plate and 3511
validation sticker shall be displayed only on the rear of such 3512
vehicles. A commercial tractor that does not receive an 3513
apportioned license plate under the international registration 3514
plan shall be issued two license plates and one validation 3515
sticker, and the validation sticker shall be displayed on the 3516
front of the commercial tractor. An apportioned vehicle receiving 3517
an apportioned license plate under the international registration 3518
plan shall be issued one license plate only and one validation 3519
sticker, or a validation sticker alone; the license plate shall be 3520
displayed only on the front of a semitractor and on the rear of 3521
all other vehicles. School buses shall not be issued license 3522
plates but shall bear identifying numbers in the manner prescribed 3523
by section 4511.764 of the Revised Code. The certificate of 3524
registration and license plates and validation stickers, or 3525
validation stickers alone, shall be issued and delivered to the 3526
owner in person or by mail. Chauffeured limousines shall be issued 3527
license plates, a validation sticker, and a livery sticker as 3528
provided in section 4503.24 of the Revised Code. In the event of 3529
the loss, mutilation, or destruction of any certificate of 3530
registration, or of any license plates or validation stickers, or 3531
if the owner chooses to replace license plates previously issued 3532
for a motor vehicle, or if the registration certificate and 3533
license plates have been impounded as provided by division (B)(1) 3534
of section 4507.02 and section 4507.16 of the Revised Code, the 3535
owner of a motor vehicle, or manufacturer or dealer, may obtain 3536
from the registrar, or from a deputy registrar if authorized by 3537
the registrar, a duplicate thereof or new license plates bearing a 3538
different number, if the registrar considers it advisable, upon 3539
filing an application prescribed by the registrar, and upon paying 3540
a fee of one dollar for such certificate of registration, which 3541
one dollar fee shall be deposited into the state treasury to the 3542
credit of the state bureau of motor vehicles fund created in 3543
section 4501.25 of the Revised Code. Commencing with each request 3544
made on or after October 1, 2009, or in conjunction with 3545
replacement license plates issued for renewal registrations 3546
expiring on or after October 1, 2009, a fee of seven dollars and 3547
fifty cents for each set of two license plates or six dollars and 3548
fifty cents for each single license plate or validation sticker 3549
shall be charged and collected, of which the registrar shall 3550
deposit five dollars and fifty cents of each seven dollar and 3551
fifty cent fee or each six dollar and fifty cent fee into the 3552
state treasury to the credit of the state highway safety fund 3553
created in section 4501.06 of the Revised Code and the remaining 3554
portion of each such fee into the state treasury to the credit of 3555
the state bureau of motor vehicles fund created in section 4501.25 3556
of the Revised Code. In addition, each applicant for a replacement 3557
certificate of registration, license plate, or validation sticker 3558
shall pay the fees provided in divisions (C) and (D) of section 3559
4503.10 of the Revised Code and any applicable fee under section 3560
4503.192 of the Revised Code.3561

       Additionally, the registrar and each deputy registrar who 3562
either issues license plates and a validation sticker for use on 3563
any vehicle other than a commercial tractor, semitrailer, or 3564
apportioned vehicle, or who issues a validation sticker alone for 3565
use on such a vehicle and the owner has changed the owner's county 3566
of residence since the owner last was issued county identification 3567
stickers, also shall issue and deliver to the owner either one or 3568
two county identification stickers, as appropriate, which shall be 3569
attached to the license plates in a manner prescribed by the 3570
director of public safety. The county identification stickers 3571
shall identify prominently by name or number the county in which 3572
the owner of the vehicle resides at the time of registration.3573

       (B) A certificate of registration issued under this section 3574
shall have a portion that contains all the information contained 3575
in the main portion of the certificate except for the address of 3576
the person to whom the certificate is issued. Except as provided 3577
in this division, whenever a reference is made in the Revised Code 3578
to a motor vehicle certificate of registration that is issued 3579
under this section, the reference shall be deemed to refer to 3580
either the main portion of the certificate or the portion 3581
containing all information in the main portion except the address 3582
of the person to whom the certificate is issued. If a reference is 3583
made in the Revised Code to the seizure or surrender of a motor 3584
vehicle certificate of registration that is issued under this 3585
section, the reference shall be deemed to refer to both the main 3586
portion of the certificate and the portion containing all 3587
information in the main portion except the address of the person 3588
to whom the certificate is issued.3589

       (C) Whoever violates this section is guilty of a minor 3590
misdemeanor.3591

       Sec. 4503.191.  (A)(1) The identification license plate shall 3592
be issued for a multi-year period as determined by the director of 3593
public safety, and shall be accompanied by a validation sticker, 3594
to be attached to the license plate. Except as provided in 3595
division (A)(2) of this section, the validation sticker shall 3596
indicate the expiration of the registration period to which the 3597
motor vehicle for which the license plate is issued is assigned, 3598
in accordance with rules adopted by the registrar of motor 3599
vehicles. During each succeeding year of the multi-year period 3600
following the issuance of the plate and validation sticker, upon 3601
the filing of an application for registration and the payment of 3602
the tax therefor, a validation sticker alone shall be issued. The 3603
validation stickers required under this section shall be of 3604
different colors or shades each year, the new colors or shades to 3605
be selected by the director.3606

       (2)(a) Not later than October 1, 2009, the director shall 3607
develop a universal validation sticker that may be issued to any 3608
owner of two hundred fifty or more passenger vehicles, so that a 3609
sticker issued to the owner may be placed on any passenger vehicle 3610
in that owner's fleet. The director may establish and charge an 3611
additional fee of not more than one dollar per registration to 3612
compensate for necessary costs of the universal validation sticker 3613
program. The additional fee shall be credited to the state bureau 3614
of motor vehicles fund created in section 4501.25 of the Revised 3615
Code.3616

       (b) A validation sticker issued for an all-purpose vehicle 3617
that is registered under Chapter 4519. of the Revised Code or for 3618
a trailer or semitrailer that is permanently registered under 3619
division (A)(1)(a)(ii)(2) of section 4503.103 of the Revised Code 3620
or is registered for a period of not more than fiveany number of3621
succeeding registration years may indicate the expiration of the 3622
registration period, if any, by any manner determined by the 3623
registrar by rule.3624

       (B) Identification license plates shall be produced by Ohio 3625
penal industries. Validation stickers and county identification 3626
stickers shall be produced by Ohio penal industries unless the 3627
registrar adopts rules that permit the registrar or deputy 3628
registrars to print or otherwise produce them in house.3629

       Sec. 4503.192.  (A)(1) Except as provided in division (B) of 3630
this section, any person who is replacing vehicle license plates, 3631
upon request and payment of a fee of ten dollars, may retain the 3632
distinctive combination of letters and numerals on license plates 3633
previously issued to that person.3634

       A person who is replacing license plates specifically created 3635
by law for which the registrar collects a contribution or 3636
additional fee, may retain the distinctive combination of letters 3637
and numerals on license plates previously issued to that person 3638
upon request and payment of a fee of ten dollars, but the person 3639
also shall be required to pay the contribution or additional fee 3640
required under the Revised Code section authorizing issuance of 3641
the license plate.3642

       (2) The registrar of motor vehicles shall charge and collect 3643
the ten-dollar fee under this section only when a new set of 3644
license plates are issued. The fee is in addition to the license 3645
tax established by this chapter and, where applicable, Chapter 3646
4504. of the Revised Code. A deputy registrar who receives an 3647
application under this section shall retain one dollar of the 3648
ten-dollar fee and shall transmit the remaining nine dollars to 3649
the registrar in a manner determined by the registrar. The 3650
registrar shall deposit the fees received under this section into 3651
the state treasury to the credit of the state bureau of motor 3652
vehicles fund created under section 4501.25 of the Revised Code 3653
and shall be used by the bureau of motor vehicles to pay the 3654
expenses of producing license plates and validation stickers, 3655
including the cost of materials, manufacturing, and administrative 3656
costs for required replacement of license plates.3657

       (B)(1) A person who is replacing license plates originally 3658
obtained under section 4503.40 or 4503.42 of the Revised Code 3659
shall pay the additional fee required under the applicable section 3660
to retain the distinctive license plates previously issued.3661

       (2) This section does not apply to a person who is replacing 3662
a single, duplicate license plate due to the loss, mutilation, or 3663
destruction of a license plate.3664

       Sec. 4503.22.  The identification license plate shall consist 3665
of a placard upon the face of which shall appear the distinctive 3666
number assigned to the motor vehicle as provided in section 3667
4503.19 of the Revised Code, in Arabic numerals or letters, or 3668
both. The dimensions of the numerals or letters and of each stroke 3669
shall be determined by the director of public safety. The license 3670
placard also shall contain the name of this state and the slogan 3671
"BIRTHPLACE OF AVIATION." The placard shallmay be made of steel, 3672
aluminum, plastic, or any other suitable material, and the 3673
background shall be treated with a reflective material that shall 3674
provide effective and dependable reflective brightness during the 3675
service period required of the placard. Specifications for the 3676
reflective and other materials and the design of the placard, the 3677
county identification stickers as provided by section 4503.19 of 3678
the Revised Code, and validation stickers as provided by section 3679
4503.191 of the Revised Code, shall be adopted by the director as 3680
rules under sections 119.01 to 119.13 of the Revised Code. The 3681
identification license plate of motorized bicycles and of motor 3682
vehicles of the type commonly called "motorcycles" shall consist 3683
of a single placard, the size of which shall be prescribed by the 3684
director. The identification plate of a vehicle registered in 3685
accordance with the international registration plan shall contain 3686
the word "apportioned." The director may prescribe the type of 3687
placard, or means of fastening the placard, or both; the placard 3688
or means of fastening may be so designed and constructed as to 3689
render difficult the removal of the placard after it has been 3690
fastened to a motor vehicle.3691

       Sec. 4503.42.  For each registration renewal with an 3692
expiration date before October 1, 2009, and for each initial 3693
application for registration received before that date the 3694
registrar of motor vehicles shall be allowed a fee not to exceed 3695
thirty-five dollars, and for each registration renewal with an 3696
expiration date on or after October 1, 2009, and for each initial 3697
application for registration received on or after that date the 3698
registrar shall be allowed a fee of fifty dollars, which shall be 3699
in addition to the regular license fee for tags as prescribed 3700
under section 4503.04 of the Revised Code and any tax levied under 3701
section 4504.02 or 4504.06Chapter 4504. of the Revised Code, for 3702
each application received by the registrar for special reserved 3703
license plate numbers containing more than three letters or 3704
numerals, and the issuing of such licenses and validation stickers 3705
in the several series as the registrar may designate. Five dollars 3706
of the fee shall be for the purpose of compensating the bureau of 3707
motor vehicles for additional services required in the issuing of 3708
such licenses and validation stickers, and the remaining portion 3709
of the fee shall be deposited by the registrar into the state 3710
treasury to the credit of the state highway safety fund created by 3711
section 4501.06 of the Revised Code.3712

       This section does not apply to the issuance of reserved 3713
license plates as authorized by sections 4503.14, 4503.15, and 3714
4503.40 of the Revised Code. The types of motor vehicles for which 3715
license plate numbers containing more than three letters or 3716
numerals may be issued in accordance with this section shall 3717
include at least buses, passenger cars, and noncommercial motor 3718
vehicles.3719

       Sec. 4503.45.  An owner of a collector's vehicle, upon 3720
complying with the motor vehicle laws relating to registration and 3721
licensing of motor vehicles, and upon payment of the regular 3722
license fee as prescribed under section 4503.04 of the Revised 3723
Code and any tax levied under section 4504.02 or 4504.06Chapter 3724
4504. of the Revised Code, and the payment of an additional fee of 3725
five dollars, which shall be for the purpose of compensating the 3726
bureau of motor vehicles for additional services required in the 3727
issuing of such licenses, shall be issued validation stickers and 3728
license plates, or validation stickers alone when required by 3729
section 4503.191 of the Revised Code, upon which, in addition to 3730
the letters and numbers ordinarily inscribed thereon, shall be 3731
inscribed the words "collector's vehicle."3732

       Sec. 4503.49.  (A) As used in this section, "ambulance," 3733
"ambulette," "emergency medical service organization," 3734
"nonemergency medical service organization," and "nontransport 3735
vehicle" have the same meanings as in section 4766.01 of the 3736
Revised Code.3737

       (B) Each private emergency medical service organization and 3738
each private nonemergency medical service organization shall apply 3739
to the registrar of motor vehicles for the registration of any 3740
ambulance, ambulette, or nontransport vehicle it owns or leases. 3741
The application shall be accompanied by a copy of the certificate 3742
of licensure issued to the organization by the Ohiostate board of 3743
emergency medical, fire, and transportation boardservices and the 3744
following fees:3745

       (1) The regular license tax as prescribed under section 3746
4503.04 of the Revised Code;3747

       (2) Any local license tax levied under Chapter 4504. of the 3748
Revised Code;3749

       (3) An additional fee of seven dollars and fifty cents. The 3750
additional fee shall be for the purpose of compensating the bureau 3751
of motor vehicles for additional services required to be performed 3752
under this section and shall be transmitted by the registrar to 3753
the treasurer of state for deposit in the state bureau of motor 3754
vehicles fund created by section 4501.25 of the Revised Code.3755

       (C) On receipt of a complete application, the registrar shall 3756
issue to the applicant the appropriate certificate of registration 3757
for the vehicle and do one of the following:3758

       (1) Issue a set of license plates with a validation sticker 3759
and a set of stickers to be attached to the plates as an 3760
identification of the vehicle's classification as an ambulance, 3761
ambulette, or nontransport vehicle;3762

       (2) Issue a validation sticker alone when so required by 3763
section 4503.191 of the Revised Code.3764

       Sec. 4503.83.  (A) The owner or lessee of a fleet of 3765
apportioned vehicles may apply to the registrar of motor vehicles 3766
for the registration of any apportioned vehicle, commercial 3767
trailer, or other vehicle of a class approved by the registrar and 3768
issuance of company logo license plates. The initial application 3769
shall be for not less than fifty eligible vehicles. The applicant 3770
shall provide the registrar the artwork for the company logo plate 3771
in a format designated by the registrar. The registrar shall 3772
approve the artwork or return the artwork for modification in 3773
accordance with any design requirements reasonably imposed by the 3774
registrar.3775

       Upon approval of the artwork and receipt of the completed 3776
application and compliance with divisions (B) and (C) of this 3777
section, the registrar shall issue to the applicant the 3778
appropriate vehicle registration and the appropriate number of 3779
company logo license plates with a validation sticker or a 3780
validation sticker alone when required by section 4503.191 of the 3781
Revised Code.3782

       In addition to the letters and numbers ordinarily inscribed 3783
on license plates, company logo license plates shall be inscribed 3784
with words and markings requested by the applicant and approved by 3785
the registrar.3786

       (B) A company logo license plate and a validation sticker or, 3787
when applicable, a validation sticker alone shall be issued upon 3788
payment of the regular license tax prescribed in section 4503.042 3789
of the Revised Code, any applicable fees prescribed in section 3790
4503.10 of the Revised Code, any applicable motor vehicle tax 3791
levied under Chapter 4504. of the Revised Code, a bureau of motor 3792
vehicles fee of six dollars, and compliance with all other 3793
applicable laws relating to the registration of motor vehicles. If 3794
a company logo plate is issued to replace an existing license 3795
plate for the same vehicle, the replacement license plate fees 3796
prescribed in division (A) of section 4503.19 of the Revised Code 3797
shall not apply.3798

       (C) The registrar shall deposit the bureau of motor vehicles 3799
fee specified in division (B) of this section, the purpose of 3800
which is to compensate the bureau for the additional services 3801
required in issuing company logo license plates, in the state 3802
bureau of motor vehicles fund created in section 4501.25 of the 3803
Revised Code.3804

       Sec. 4504.19.  Upon receipt by himthe county auditor of 3805
moneys pursuant to section 4501.043 of the Revised Code, the 3806
county auditor shall pay into the treasury of each township in the 3807
county levying a township motor vehicle license tax the portion of 3808
such money due the township as shown by the certificate of the 3809
registrar of motor vehicles prepared pursuant to section 4501.033810
4501.031 of the Revised Code. The money shall be used by the 3811
township only for the purposes described in section 4504.18 of the 3812
Revised Code.3813

       Sec. 4504.21.  (A) For the purpose of paying the costs and 3814
expenses of enforcing and administering the tax provided for in 3815
this section; for planning, constructing, reconstructing, 3816
improving, maintaining, and repairing roads, bridges, and 3817
culverts; for purchasing, erecting, and maintaining traffic signs, 3818
markers, lights, and signals; for paying debt service charges on 3819
obligations issued for those purposes; and to supplement revenue 3820
already available for those purposes, a transportation improvement 3821
district created in accordance with section 5540.02 of the Revised 3822
Code may levy an annual license tax upon the operation of motor 3823
vehicles on the public roads and highways in the territory of the 3824
district. The tax shall be levied in increments of five dollars 3825
and shall not exceed twenty dollars per motor vehicle on all motor 3826
vehicles the owners of which reside in the district and shall be 3827
in addition to all other taxes levied under this chapter, subject 3828
to reduction in the manner provided in division (B)(2) of section 3829
4503.11 of the Revised Code. The tax may be levied in all or part 3830
of the territory of the district. 3831

       (B) The board of trustees of a transportation improvement 3832
district proposing to levy a motor vehicle license tax under this 3833
section shall put the question of the tax to the electors of the 3834
district or of that part of the district in which the tax would be 3835
levied. The election shall be held on the date of a primary or 3836
general election held not less than ninety days after the board of 3837
trustees certifies to the county board of elections its resolution 3838
proposing the tax. The resolution shall specify the rate of the 3839
tax. The board of elections shall submit the question of the tax 3840
to the electors at the primary or general election. The secretary 3841
of state shall prescribe the form of the ballot for the election. 3842
If approved by a majority of the electors voting on the question 3843
of the tax, the board of trustees shall levy the tax as provided 3844
in the resolution.3845

       (C) A transportation improvement district license tax levied 3846
under this section shall continue in effect until repealed, or 3847
until the dissolution of the transportation improvement district 3848
that levied it.3849

       (D) Money received by the registrar of motor vehicles 3850
pursuant to sections 4501.03 andsection 4504.09 of the Revised 3851
Code that consists of the taxes levied under this section shall be 3852
deposited in the auto registration distributionlocal motor 3853
vehicle license tax fund created by section 4501.034501.031 of 3854
the Revised Code and distributed to the transportation improvement 3855
district levying such tax. The registrar may assign to the 3856
transportation improvement district a unique code to facilitate 3857
the distribution of such money, which may be the same unique code 3858
assigned to a county under section 4501.03 of the Revised Code.3859

       Sec. 4505.11. This section shall also apply to all-purpose 3860
vehicles and off-highway motorcycles as defined in section 4519.01 3861
of the Revised Code.3862

        (A) Each owner of a motor vehicle and each person mentioned 3863
as owner in the last certificate of title, when the motor vehicle 3864
is dismantled, destroyed, or changed in such manner that it loses 3865
its character as a motor vehicle, or changed in such manner that 3866
it is not the motor vehicle described in the certificate of title, 3867
shall surrender the certificate of title to that motor vehicle to 3868
a clerk of a court of common pleas, and the clerk, with the 3869
consent of any holders of any liens noted on the certificate of 3870
title, then shall enter a cancellation upon the clerk's records 3871
and shall notify the registrar of motor vehicles of the 3872
cancellation.3873

       Upon the cancellation of a certificate of title in the manner 3874
prescribed by this section, any clerk and the registrar of motor 3875
vehicles may cancel and destroy all certificates and all 3876
memorandum certificates in that chain of title.3877

       (B)(1) If an Ohio certificate of title or salvage certificate 3878
of title to a motor vehicle is assigned to a salvage dealer, the 3879
dealer is not required to obtain an Ohio certificate of title or a 3880
salvage certificate of title to the motor vehicle in the dealer's 3881
own name if the dealer dismantles or destroys the motor vehicle, 3882
indicates the number of the dealer's motor vehicle salvage 3883
dealer's license on it, marks "FOR DESTRUCTION" across the face of 3884
the certificate of title or salvage certificate of title, and 3885
surrenders the certificate of title or salvage certificate of 3886
title to a clerk of a court of common pleas as provided in 3887
division (A) of this section. If the salvage dealer retains the 3888
motor vehicle for resale, the dealer shall make application for a 3889
salvage certificate of title to the motor vehicle in the dealer's 3890
own name as provided in division (C)(1) of this section.3891

       (2) At the time any salvage motor vehicle is sold at auction 3892
or through a pool, the salvage motor vehicle auction or salvage 3893
motor vehicle pool shall give a copy of the salvage certificate of 3894
title or a copy of the certificate of title marked "FOR 3895
DESTRUCTION" to the purchaser.3896

       (C)(1) When an insurance company declares it economically 3897
impractical to repair such a motor vehicle and has paid an agreed 3898
price for the purchase of the motor vehicle to any insured or 3899
claimant owner, the insurance company shall proceed as follows:3900

       (a) If an insurance company receives the certificate of title 3901
and the motor vehicle, within thirty business days, the insurance 3902
company shall deliver the certificate of title to a clerk of a 3903
court of common pleas and shall make application for a salvage 3904
certificate of title. 3905

        (b) If an insurance company obtains possession of the motor 3906
vehicle but is unable to obtain the properly endorsed certificate 3907
of title for the motor vehicle, within thirty business days 3908
following the vehicle's owner or lienholder's acceptance of the 3909
insurance company's payment for the vehicle, the insurance company 3910
may apply to the clerk of a court of common pleas for a salvage 3911
certificate of title without delivering the certificate of title 3912
for the motor vehicle. The application shall be accompanied by 3913
evidence that the insurance company has paid a total loss claim on 3914
the vehicle, a copy of the written request for the certificate of 3915
title on the insurance company's letterhead, and the original 3916
certified mail, return receipt notice, addressed to the last known 3917
owner of the vehicle and any known lienholder, to obtain the 3918
certificate of title. 3919

       (c) Upon receipt of a properly completed application for a 3920
salvage certificate of title as described in division (C)(1)(a) or 3921
(b) or (C)(2) of this section, the clerk shall issue the salvage 3922
certificate of title on a form, prescribed by the registrar, that 3923
shall be easily distinguishable from the original certificate of 3924
title and shall bear the same information as the original 3925
certificate of title except that it may bear a different number 3926
than that of the original certificate of title. Except as provided 3927
in division (C)(3) of this section, the salvage certificate of 3928
title shall be assigned by the insurance company to a salvage 3929
dealer or any other person for use as evidence of ownership upon 3930
the sale or other disposition of the motor vehicle, and the 3931
salvage certificate of title shall be transferrable to any other 3932
person. The clerk shall charge a fee of four dollars for the cost 3933
of processing each salvage certificate of title.3934

       (2) If an insurance company requests that a salvage motor 3935
vehicle auction take possession of a motor vehicle that is the 3936
subject of an insurance claim, and subsequently the insurance 3937
company denies coverage with respect to the motor vehicle or does 3938
not otherwise take ownership of the motor vehicle, the salvage 3939
motor vehicle auction may proceed as follows. After the salvage 3940
motor vehicle auction has possession of the motor vehicle for 3941
forty-five days, it may apply to the clerk of a court of common 3942
pleas for a salvage certificate of title without delivering the 3943
certificate of title for the motor vehicle. The application shall 3944
be accompanied by a copy of the written request that the vehicle 3945
be removed from the facility on the salvage motor vehicle 3946
auction's letterhead, and the original certified mail, return 3947
receipt notice, addressed to the last known owner of the vehicle 3948
and any known lienholder, requesting that the vehicle be removed 3949
from the facility of the salvage motor vehicle auction. Upon 3950
receipt of a properly completed application, the clerk shall 3951
follow the process as described in division (C)(1)(c) of this 3952
section. The salvage certificate of title so issued shall be free 3953
and clear of all liens.3954

       (3) If an insurance company considers a motor vehicle as 3955
described in division (C)(1)(a) or (b) of this section to be 3956
impossible to restore for highway operation, the insurance company 3957
may assign the certificate of title to the motor vehicle to a 3958
salvage dealer or scrap metal processing facility and send the 3959
assigned certificate of title to the clerk of the court of common 3960
pleas of any county. The insurance company shall mark the face of 3961
the certificate of title "FOR DESTRUCTION" and shall deliver a 3962
photocopy of the certificate of title to the salvage dealer or 3963
scrap metal processing facility for its records.3964

       (4) If an insurance company declares it economically 3965
impractical to repair a motor vehicle, agrees to pay to the 3966
insured or claimant owner an amount in settlement of a claim 3967
against a policy of motor vehicle insurance covering the motor 3968
vehicle, and agrees to permit the insured or claimant owner to 3969
retain possession of the motor vehicle, the insurance company 3970
shall not pay the insured or claimant owner any amount in 3971
settlement of the insurance claim until the owner obtains a 3972
salvage certificate of title to the vehicle and furnishes a copy 3973
of the salvage certificate of title to the insurance company.3974

       (D) When a self-insured organization, rental or leasing 3975
company, or secured creditor becomes the owner of a motor vehicle 3976
that is burned, damaged, or dismantled and is determined to be 3977
economically impractical to repair, the self-insured organization, 3978
rental or leasing company, or secured creditor shall do one of the 3979
following:3980

       (1) Mark the face of the certificate of title to the motor 3981
vehicle "FOR DESTRUCTION" and surrender the certificate of title 3982
to a clerk of a court of common pleas for cancellation as 3983
described in division (A) of this section. The self-insured 3984
organization, rental or leasing company, or secured creditor then 3985
shall deliver the motor vehicle, together with a photocopy of the 3986
certificate of title, to a salvage dealer or scrap metal 3987
processing facility and shall cause the motor vehicle to be 3988
dismantled, flattened, crushed, or destroyed.3989

       (2) Obtain a salvage certificate of title to the motor 3990
vehicle in the name of the self-insured organization, rental or 3991
leasing company, or secured creditor, as provided in division 3992
(C)(1) of this section, and then sell or otherwise dispose of the 3993
motor vehicle. If the motor vehicle is sold, the self-insured 3994
organization, rental or leasing company, or secured creditor shall 3995
obtain a salvage certificate of title to the motor vehicle in the 3996
name of the purchaser from a clerk of a court of common pleas.3997

       (E) If a motor vehicle titled with a salvage certificate of 3998
title is restored for operation upon the highways, application 3999
shall be made to a clerk of a court of common pleas for a 4000
certificate of title. Upon inspection by the state highway patrol, 4001
which shall include establishing proof of ownership and an 4002
inspection of the motor number and vehicle identification number 4003
of the motor vehicle and of documentation or receipts for the 4004
materials used in restoration by the owner of the motor vehicle 4005
being inspected, which documentation or receipts shall be 4006
presented at the time of inspection, the clerk, upon surrender of 4007
the salvage certificate of title, shall issue a certificate of 4008
title for a fee prescribed by the registrar. The certificate of 4009
title shall be in the same form as the original certificate of 4010
title and shall bear the words "REBUILT SALVAGE" in black boldface 4011
letters on its face. Every subsequent certificate of title, 4012
memorandum certificate of title, or duplicate certificate of title 4013
issued for the motor vehicle also shall bear the words "REBUILT 4014
SALVAGE" in black boldface letters on its face. The exact location 4015
on the face of the certificate of title of the words "REBUILT 4016
SALVAGE" shall be determined by the registrar, who shall develop 4017
an automated procedure within the automated title processing 4018
system to comply with this division. The clerk shall use 4019
reasonable care in performing the duties imposed on the clerk by 4020
this division in issuing a certificate of title pursuant to this 4021
division, but the clerk is not liable for any of the clerk's 4022
errors or omissions or those of the clerk's deputies, or the 4023
automated title processing system in the performance of those 4024
duties. A fee of fifty dollars shall be assessed by the state 4025
highway patrol for each inspection made pursuant to this division 4026
and shall be deposited into the state highway safety fund 4027
established by section 4501.06 of the Revised Code.4028

       (F) No person shall operate upon the highways in this state a 4029
motor vehicle, title to which is evidenced by a salvage 4030
certificate of title, except to deliver the motor vehicle pursuant 4031
to an appointment for an inspection under this section.4032

       (G) No motor vehicle the certificate of title to which has 4033
been marked "FOR DESTRUCTION" and surrendered to a clerk of a 4034
court of common pleas shall be used for anything except parts and 4035
scrap metal.4036

       (H)(1) Except as otherwise provided in this division, an 4037
owner of a manufactured or mobile home that will be taxed as real 4038
property pursuant to division (B) of section 4503.06 of the 4039
Revised Code shall surrender the certificate of title to the 4040
auditor of the county containing the taxing district in which the 4041
home is located. An owner whose home qualifies for real property 4042
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of 4043
the Revised Code shall surrender the certificate within fifteen 4044
days after the home meets the conditions specified in those 4045
divisions. The auditor shall deliver the certificate of title to 4046
the clerk of the court of common pleas who issued it.4047

       (2) If the certificate of title for a manufactured or mobile 4048
home that is to be taxed as real property is held by a lienholder, 4049
the lienholder shall surrender the certificate of title to the 4050
auditor of the county containing the taxing district in which the 4051
home is located, and the auditor shall deliver the certificate of 4052
title to the clerk of the court of common pleas who issued it. The 4053
lienholder shall surrender the certificate within thirty days 4054
after both of the following have occurred:4055

       (a) The homeowner has provided written notice to the 4056
lienholder requesting that the certificate of title be surrendered 4057
to the auditor of the county containing the taxing district in 4058
which the home is located.4059

       (b) The homeowner has either paid the lienholder the 4060
remaining balance owed to the lienholder, or, with the 4061
lienholder's consent, executed and delivered to the lienholder a 4062
mortgage on the home and land on which the home is sited in the 4063
amount of the remaining balance owed to the lienholder.4064

       (3) Upon the delivery of a certificate of title by the county 4065
auditor to the clerk, the clerk shall inactivate it and maintain 4066
it in the automated title processing system for a period of thirty 4067
years.4068

       (4) Upon application by the owner of a manufactured or mobile 4069
home that is taxed as real property pursuant to division (B) of 4070
section 4503.06 of the Revised Code and that no longer satisfies 4071
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that 4072
section, the clerk shall reactivate the record of the certificate 4073
of title that was inactivated under division (H)(3) of this 4074
section and shall issue a new certificate of title, but only if 4075
the application contains or has attached to it all of the 4076
following:4077

       (a) An endorsement of the county treasurer that all real 4078
property taxes charged against the home under Title LVII of the 4079
Revised Code and division (B) of section 4503.06 of the Revised 4080
Code for all preceding tax years have been paid;4081

       (b) An endorsement of the county auditor that the home will 4082
be removed from the real property tax list;4083

       (c) Proof that there are no outstanding mortgages or other 4084
liens on the home or, if there are such mortgages or other liens, 4085
that the mortgagee or lienholder has consented to the reactivation 4086
of the certificate of title.4087

       (I)(1) Whoever violates division (F) of this section shall be 4088
fined not more than two thousand dollars, imprisoned not more than 4089
one year, or both.4090

       (2) Whoever violates division (G) of this section shall be 4091
fined not more than one thousand dollars, imprisoned not more than 4092
six months, or both.4093

       Sec. 4506.08.  (A)(1) Each application for a commercial 4094
driver's license temporary instruction permit shall be accompanied 4095
by a fee of ten dollars. Each application for a commercial 4096
driver's license, restricted commercial driver's license, renewal 4097
of such a license, or waiver for farm-related service industries 4098
shall be accompanied by a fee of twenty-five dollars, except that 4099
an application for a commercial driver's license or restricted 4100
commercial driver's license received pursuant to division (A)(3) 4101
of section 4506.14 of the Revised Code shall be accompanied by a 4102
fee of eighteen dollars and seventy-five cents if the license will 4103
expire on the licensee's birthday three years after the date of 4104
issuance, a fee of twelve dollars and fifty cents if the license 4105
will expire on the licensee's birthday two years after the date of 4106
issuance, and a fee of six dollars and twenty-five cents if the 4107
license will expire on the licensee's birthday one year after the 4108
date of issuance. Each application for a duplicate commercial 4109
driver's license shall be accompanied by a fee of ten dollars.4110

       (2) In addition, the registrar of motor vehicles or deputy 4111
registrar may collect and retain an additional fee of no more than 4112
three dollars and fifty cents for each application for a 4113
commercial driver's license temporary instruction permit, 4114
commercial driver's license, renewal of a commercial driver's 4115
license, or duplicate commercial driver's license received by the 4116
registrar or deputy.4117

       (B) In addition to the fees imposed under division (A) of 4118
this section, the registrar of motor vehicles or deputy registrar 4119
shall collect a fee of twelve dollars for each application for a 4120
commercial driver's license temporary instruction permit, 4121
commercial driver's license, or duplicate commercial driver's 4122
license and for each application for renewal of a commercial 4123
driver's license. The additional fee is for the purpose of 4124
defraying the department of public safety's costs associated with 4125
the administration and enforcement of the motor vehicle and 4126
traffic laws of Ohio. 4127

        (C) Each deputy registrar shall transmit the fees collected 4128
under divisions (A)(1) and (B) of this section in the time and 4129
manner prescribed by the registrar. The registrar shall deposit 4130
all moneys receivedcollected under division (C)(A)(1) of this 4131
section into the state highway safetybureau of motor vehicles4132
fund established in section 4501.064501.25 of the Revised Code. 4133
The registrar shall deposit all moneys collected under division 4134
(B) of this section into the state highway safety fund established 4135
in section 4501.06 of the Revised Code.4136

       (D) Information regarding the driving record of any person 4137
holding a commercial driver's license issued by this state shall 4138
be furnished by the registrar, upon request and payment of a fee 4139
of five dollars, to the employer or prospective employer of such a 4140
person and to any insurer.4141

       Of each five-dollar fee the registrar collects under this 4142
division, the registrar shall pay two dollars into the state 4143
treasury to the credit of the state bureau of motor vehicles fund 4144
established in section 4501.25 of the Revised Code, sixty cents 4145
into the state treasury to the credit of the trauma and emergency 4146
medical services fund established in section 4513.263 of the 4147
Revised Code, sixty cents into the state treasury to the credit of 4148
the homeland security fund established in section 5502.03 of the 4149
Revised Code, thirty cents into the state treasury to the credit 4150
of the investigations fund established in section 5502.131 of the 4151
Revised Code, one dollar and twenty-five cents into the state 4152
treasury to the credit of the emergency management agency service 4153
and reimbursement fund established in section 5502.39 of the 4154
Revised Code, and twenty-five cents into the state treasury to the 4155
credit of the justice program services fund established in section 4156
5502.67 of the Revised Code.4157

       Sec. 4506.09.  (A) The registrar of motor vehicles, subject 4158
to approval by the director of public safety, shall adopt rules 4159
conforming with applicable standards adopted by the federal motor 4160
carrier safety administration as regulations under Pub. L. No. 4161
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to 4162
31317. The rules shall establish requirements for the 4163
qualification and testing of persons applying for a commercial 4164
driver's license, which shall be in addition to other requirements 4165
established by this chapter. Except as provided in division (B) of 4166
this section, the highway patrol or any other employee of the 4167
department of public safety the registrar authorizes shall 4168
supervise and conduct the testing of persons applying for a 4169
commercial driver's license.4170

       (B) The director may adopt rules, in accordance with Chapter 4171
119. of the Revised Code and applicable requirements of the 4172
federal motor carrier safety administration, authorizing the 4173
skills test specified in this section to be administered by any 4174
person, by an agency of this or another state, or by an agency, 4175
department, or instrumentality of local government. Each party 4176
authorized under this division to administer the skills test may 4177
charge a maximum divisible fee of eighty-five dollars for each 4178
skills test given as part of a commercial driver's license 4179
examination. The fee shall consist of not more than twenty dollars 4180
for the pre-trip inspection portion of the test, not more than 4181
twenty dollars for the off-road maneuvering portion of the test, 4182
and not more than forty-five dollars for the on-road portion of 4183
the test. Each such party may require an appointment fee in the 4184
same manner provided in division (F)(2) of this section, except 4185
that the maximum amount such a party may require as an appointment 4186
fee is eighty-five dollars. The skills test administered by 4187
another party under this division shall be the same as otherwise 4188
would be administered by this state. The other party shall enter 4189
into an agreement with the director that, without limitation, does 4190
all of the following:4191

       (1) Allows the director or the director's representative and 4192
the federal motor carrier safety administration or its 4193
representative to conduct random examinations, inspections, and 4194
audits of the other party without prior notice;4195

       (2) Requires the director or the director's representative to 4196
conduct on-site inspections of the other party at least annually;4197

       (3) Requires that all examiners of the other party meet the 4198
same qualification and training standards as examiners of the 4199
department of public safety, to the extent necessary to conduct 4200
skills tests in the manner required by 49 C.F.R. 383.110 through 4201
383.135;4202

       (4) Requires either that state employees take, at least 4203
annually and as though the employees were test applicants, the 4204
tests actually administered by the other party, that the director 4205
test a sample of drivers who were examined by the other party to 4206
compare the test results, or that state employees accompany a test 4207
applicant during an actual test;4208

       (5) Reserves to this state the right to take prompt and 4209
appropriate remedial action against testers of the other party if 4210
the other party fails to comply with standards of this state or 4211
federal standards for the testing program or with any other terms 4212
of the contract.4213

       (C) The director shall enter into an agreement with the 4214
department of education authorizing the skills test specified in 4215
this section to be administered by the department at any location 4216
operated by the department for purposes of training and testing 4217
school bus drivers, provided that the agreement between the 4218
director and the department complies with the requirements of 4219
division (B) of this section. Skills tests administered by the 4220
department shall be limited to persons applying for a commercial 4221
driver's license with a school bus endorsement.4222

       (D) The director shall adopt rules, in accordance with 4223
Chapter 119. of the Revised Code, authorizing waiver of the skills 4224
test specified in this section for any applicant for a commercial 4225
driver's license who meets all of the following requirements:4226

       (1) Certifies that, during the two-year period immediately 4227
preceding application for a commercial driver's license, all of 4228
the following apply:4229

       (a) The applicant has not had more than one license.4230

       (b) The applicant has not had any license suspended, revoked, 4231
or canceled.4232

       (c) The applicant has not had any convictions for any type of 4233
motor vehicle for the offenses for which disqualification is 4234
prescribed in section 4506.16 of the Revised Code.4235

       (d) The applicant has not had any violation of a state or 4236
local law relating to motor vehicle traffic control other than a 4237
parking violation arising in connection with any traffic accident 4238
and has no record of an accident in which the applicant was at 4239
fault.4240

       (e) The applicant has previously taken and passed a skills 4241
test given by a state with a classified licensing and testing 4242
system in which the test was behind-the-wheel in a representative 4243
vehicle for the applicant's commercial driver's license 4244
classification.4245

       (2) Certifies and also provides evidence that the applicant 4246
is regularly employed in a job requiring operation of a commercial 4247
motor vehicle and that one of the following applies:4248

       (a) The applicant has previously taken and passed a skills 4249
test given by a state with a classified licensing and testing 4250
system in which the test was behind-the-wheel in a representative 4251
vehicle for the applicant's commercial driver's license 4252
classification.4253

       (b) The applicant has regularly operated, for at least two 4254
years immediately preceding application for a commercial driver's 4255
license, a vehicle representative of the commercial motor vehicle 4256
the applicant operates or expects to operate.4257

       (E) The director shall adopt rules, in accordance with 4258
Chapter 119. of the Revised Code, authorizing waiver of the skills 4259
test specified in this section for any applicant for a commercial 4260
driver's license who meets all of the following requirements:4261

       (1) At the time of applying, is a member or uniformed 4262
employee of the armed forces of the United States or their reserve 4263
components, including the Ohio national guard, or separated from 4264
such service or employment within the preceding ninety days;4265

        (2) Certifies that, during the two-year period immediately 4266
preceding application for a commercial driver's license, all of 4267
the following apply:4268

        (a) The applicant has not had more than one license, 4269
excluding any military license.4270

        (b) The applicant has not had any license suspended, revoked, 4271
or canceled.4272

        (c) The applicant has not had any convictions for any type of 4273
motor vehicle for the offenses for which disqualification is 4274
prescribed in section 4506.16 of the Revised Code.4275

        (d) The applicant has not had more than one conviction for 4276
any type of motor vehicle for a serious traffic violation.4277

        (e) The applicant has not had any violation of a state or 4278
local law relating to motor vehicle traffic control other than a 4279
parking violation arising in connection with any traffic accident 4280
and has no record of an accident in which the applicant was at 4281
fault.4282

        (3) In accordance with rules adopted by the director, 4283
certifies and also provides evidence of all of the following:4284

        (a) That the applicant is regularly employed or was regularly 4285
employed within the preceding ninety days in a military position 4286
requiring operation of a commercial motor vehicle;4287

        (b) That the applicant was exempt from the requirements of 4288
this chapter under division (B)(6) of section 4506.03 of the 4289
Revised Code;4290

        (c) That, for at least two years immediately preceding the 4291
date of application or at least two years immediately preceding 4292
the date the applicant separated from military service or 4293
employment, the applicant regularly operated a vehicle 4294
representative of the commercial motor vehicle type that the 4295
applicant operates or expects to operate. 4296

       (F)(1) The department of public safety may charge and collect 4297
a divisible fee of fifty dollars for each skills test given as 4298
part of a commercial driver's license examination. The fee shall 4299
consist of ten dollars for the pre-trip inspection portion of the 4300
test, ten dollars for the off-road maneuvering portion of the 4301
test, and thirty dollars for the on-road portion of the test.4302

       (2) The director may require an applicant for a commercial 4303
driver's license who schedules an appointment with the highway 4304
patrol or other authorized employee of the department of public 4305
safety to take all portions of the skills test, to pay an 4306
appointment fee of fifty dollars at the time of scheduling the 4307
appointment. If the applicant appears at the time and location 4308
specified for the appointment and takes all portions of the skills 4309
test during that appointment, the appointment fee shall serve as 4310
the skills test fee. If the applicant schedules an appointment to 4311
take all portions of the skills test and fails to appear at the 4312
time and location specified for the appointment, no portion of the 4313
appointment fee shall be refunded. If the applicant schedules an 4314
appointment to take all portions of the skills test and appears at 4315
the time and location specified for the appointment, but declines 4316
or is unable to take all portions of the skills test, no portion 4317
of the appointment fee shall be refunded. If the applicant cancels 4318
a scheduled appointment forty-eight hours or more prior to the 4319
time of the appointment time, the applicant shall not forfeit the 4320
appointment fee.4321

       An applicant for a commercial driver's license who schedules 4322
an appointment to take one or more, but not all, portions of the 4323
skills test shall be required to pay an appointment fee equal to 4324
the costs of each test scheduled, as prescribed in division (F)(1) 4325
of this section, when scheduling such an appointment. If the 4326
applicant appears at the time and location specified for the 4327
appointment and takes all the portions of the skills test during 4328
that appointment that the applicant was scheduled to take, the 4329
appointment fee shall serve as the skills test fee. If the 4330
applicant schedules an appointment to take one or more, but not 4331
all, portions of the skills test and fails to appear at the time 4332
and location specified for the appointment, no portion of the 4333
appointment fee shall be refunded. If the applicant schedules an 4334
appointment to take one or more, but not all, portions of the 4335
skills test and appears at the time and location specified for the 4336
appointment, but declines or is unable to take all portions of the 4337
skills test that the applicant was scheduled to take, no portion 4338
of the appointment fee shall be refunded. If the applicant cancels 4339
a scheduled appointment forty-eight hours or more prior to the 4340
time of the appointment time, the applicant shall not forfeit the 4341
appointment fee.4342

       (3) The department of public safety shall deposit all fees it 4343
collects under division (F) of this section in the state highway 4344
safetybureau of motor vehicles fund established in section 4345
4501.25 of the Revised Code.4346

       (G) As used in this section, "skills test" means a test of an 4347
applicant's ability to drive the type of commercial motor vehicle 4348
for which the applicant seeks a commercial driver's license by 4349
having the applicant drive such a motor vehicle while under the 4350
supervision of an authorized state driver's license examiner or 4351
tester.4352

       Sec. 4507.011.  (A) Each deputy registrar assigned to a 4353
driver's license examining station by the registrar of motor 4354
vehicles as provided in section 4507.01 of the Revised Code shall 4355
remit to the director of public safety a rental fee equal to the 4356
percentage of space occupied by the deputy registrar in the 4357
driver's license examining station multiplied by the rental fee 4358
paid for the entire driver's license examining station plus a pro 4359
rata share of all utility costs. All such moneys received by the 4360
director shall be deposited in the state treasury to the credit of 4361
the registrar rentalstate bureau of motor vehicles fund, which is 4362
hereby created in section 4501.25 of the Revised Code. The moneys 4363
in the fund shall be used by the department of public safety only 4364
to pay the rent and expenses of the driver's license examining 4365
stations. All investment earnings of the fund shall be credited to 4366
the fund.4367

       (B) Each deputy registrar assigned to a bureau of motor 4368
vehicles' location shall reimburse the registrar a monthly 4369
building rental fee, including applicable utility charges. All 4370
such moneys received by the registrar shall be deposited into the 4371
state bureau of motor vehicles fund created in section 4501.25 of 4372
the Revised Code. 4373

       Sec. 4507.05.  (A) The registrar of motor vehicles, or a 4374
deputy registrar, upon receiving an application for a temporary 4375
instruction permit and a temporary instruction permit 4376
identification card for a driver's license from any person who is 4377
at least fifteen years six months of age, may issue such a permit 4378
and identification card entitling the applicant to drive a motor 4379
vehicle, other than a commercial motor vehicle, upon the highways 4380
under the following conditions:4381

       (1) If the permit is issued to a person who is at least 4382
fifteen years six months of age, but less than sixteen years of 4383
age:4384

       (a) The permit and identification card are in the holder's 4385
immediate possession;4386

       (b) The holder is accompanied by an eligible adult who 4387
actually occupies the seat beside the permit holder and does not 4388
have a prohibited concentration of alcohol in the whole blood, 4389
blood serum or plasma, breath, or urine as provided in division 4390
(A) of section 4511.19 of the Revised Code;4391

       (c) The total number of occupants of the vehicle does not 4392
exceed the total number of occupant restraining devices originally 4393
installed in the motor vehicle by its manufacturer, and each 4394
occupant of the vehicle is wearing all of the available elements 4395
of a properly adjusted occupant restraining device.4396

       (2) If the permit is issued to a person who is at least 4397
sixteen years of age:4398

       (a) The permit and identification card are in the holder's 4399
immediate possession;4400

       (b) The holder is accompanied by a licensed operator who is 4401
at least twenty-one years of age, is actually occupying a seat 4402
beside the driver, and does not have a prohibited concentration of 4403
alcohol in the whole blood, blood serum or plasma, breath, or 4404
urine as provided in division (A) of section 4511.19 of the 4405
Revised Code;4406

       (c) The total number of occupants of the vehicle does not 4407
exceed the total number of occupant restraining devices originally 4408
installed in the motor vehicle by its manufacturer, and each 4409
occupant of the vehicle is wearing all of the available elements 4410
of a properly adjusted occupant restraining device.4411

       (B) The registrar or a deputy registrar, upon receiving from 4412
any person an application for a temporary instruction permit and 4413
temporary instruction permit identification card to operate a 4414
motorcycle or motorized bicycle, may issue such a permit and 4415
identification card entitling the applicant, while having the 4416
permit and identification card in the applicant's immediate 4417
possession, to drive a motorcycle under the restrictions 4418
prescribed in section 4511.53 of the Revised Code, or to drive a 4419
motorized bicycle under restrictions determined by the registrar. 4420
A temporary instruction permit and temporary instruction permit 4421
identification card to operate a motorized bicycle may be issued 4422
to a person fourteen or fifteen years old.4423

       (C) Any permit and identification card issued under this 4424
section shall be issued in the same manner as a driver's license, 4425
upon a form to be furnished by the registrar. A temporary 4426
instruction permit to drive a motor vehicle other than a 4427
commercial motor vehicle shall be valid for a period of one year.4428

       (D) Any person having in the person's possession a valid and 4429
current driver's license or motorcycle operator's license or 4430
endorsement issued to the person by another jurisdiction 4431
recognized by this state is exempt from obtaining a temporary 4432
instruction permit for a driver's license, but shall submitand 4433
from submitting to the examination for a temporary instruction 4434
permit and the regular examination infor obtaining a driver's 4435
license or motorcycle operator's endorsement in this state if the 4436
person does all of the following:4437

       (1) Submits to and passes vision screening as provided in 4438
section 4507.12 of the Revised Code;4439

       (2) Surrenders to the registrar or deputy registrar the 4440
person's driver's license issued by the other jurisdiction; and4441

       (3) Complies with all other applicable requirements for 4442
issuance by this state of a driver's license, driver's license 4443
with a motorcycle operator's endorsement, or restricted license to 4444
operate a motorcycle.4445

       If the person does not comply with all the requirements of 4446
this division, the person shall submit to the regular examination 4447
for obtaining a driver's license or motorcycle operator's 4448
endorsement in this state in order to obtain such a license or 4449
endorsement.4450

       (E) The registrar may adopt rules governing the use of 4451
temporary instruction permits and temporary instruction permit 4452
identification cards.4453

       (F)(1) No holder of a permit issued under division (A) of 4454
this section shall operate a motor vehicle upon a highway or any 4455
public or private property used by the public for purposes of 4456
vehicular travel or parking in violation of the conditions 4457
established under division (A) of this section.4458

       (2) Except as provided in division (F)(2) of this section, no 4459
holder of a permit that is issued under division (A) of this 4460
section and that is issued on or after July 1, 1998, and who has 4461
not attained the age of eighteen years, shall operate a motor 4462
vehicle upon a highway or any public or private property used by 4463
the public for purposes of vehicular travel or parking between the 4464
hours of midnight and six a.m.4465

       The holder of a permit issued under division (A) of this 4466
section on or after July 1, 1998, who has not attained the age of 4467
eighteen years, may operate a motor vehicle upon a highway or any 4468
public or private property used by the public for purposes of 4469
vehicular travel or parking between the hours of midnight and six 4470
a.m. if, at the time of such operation, the holder is accompanied 4471
by the holder's parent, guardian, or custodian, and the parent, 4472
guardian, or custodian holds a current valid driver's or 4473
commercial driver's license issued by this state, is actually 4474
occupying a seat beside the permit holder, and does not have a 4475
prohibited concentration of alcohol in the whole blood, blood 4476
serum or plasma, breath, or urine as provided in division (A) of 4477
section 4511.19 of the Revised Code.4478

       (G)(1) Notwithstanding any other provision of law to the 4479
contrary, no law enforcement officer shall cause the operator of a 4480
motor vehicle being operated on any street or highway to stop the 4481
motor vehicle for the sole purpose of determining whether each 4482
occupant of the motor vehicle is wearing all of the available 4483
elements of a properly adjusted occupant restraining device as 4484
required by division (A) of this section, or for the sole purpose 4485
of issuing a ticket, citation, or summons if the requirement in 4486
that division has been or is being violated, or for causing the 4487
arrest of or commencing a prosecution of a person for a violation 4488
of that requirement.4489

       (2) Notwithstanding any other provision of law to the 4490
contrary, no law enforcement officer shall cause the operator of a 4491
motor vehicle being operated on any street or highway to stop the 4492
motor vehicle for the sole purpose of determining whether a 4493
violation of division (F)(2) of this section has been or is being 4494
committed or for the sole purpose of issuing a ticket, citation, 4495
or summons for such a violation or for causing the arrest of or 4496
commencing a prosecution of a person for such violation.4497

       (H) As used in this section:4498

       (1) "Eligible adult" means any of the following:4499

       (a) An instructor of a driver training course approved by the 4500
department of public safety;4501

       (b) Any of the following persons who holds a current valid 4502
driver's or commercial driver's license issued by this state:4503

       (i) A parent, guardian, or custodian of the permit holder;4504

       (ii) A person twenty-one years of age or older who acts in 4505
loco parentis of the permit holder.4506

       (2) "Occupant restraining device" has the same meaning as in 4507
section 4513.263 of the Revised Code.4508

       (I) Whoever violates division (F)(1) or (2) of this section 4509
is guilty of a minor misdemeanor.4510

       Sec. 4507.23.  (A) Except as provided in division (I) of this 4511
section, each application for a temporary instruction permit and 4512
examination shall be accompanied by a fee of five dollars.4513

       (B) Except as provided in division (I) of this section, each 4514
application for a driver's license made by a person who previously 4515
held such a license and whose license has expired not more than 4516
two years prior to the date of application, and who is required 4517
under this chapter to give an actual demonstration of the person's 4518
ability to drive, shall be accompanied by a fee of three dollars 4519
in addition to any other fees.4520

       (C)(1) Except as provided in divisions (E) and (I) of this 4521
section, each application for a driver's license, or motorcycle 4522
operator's endorsement, or renewal of a driver's license shall be 4523
accompanied by a fee of six dollars. 4524

       (2) Except as provided in division (I) of this section, each 4525
application for a duplicate driver's license shall be accompanied 4526
by a fee of seven dollars and fifty cents. The duplicate driver's 4527
licenses issued under this section shall be distributed by the 4528
deputy registrar in accordance with rules adopted by the registrar 4529
of motor vehicles.4530

       (D) Except as provided in division (I) of this section, each 4531
application for a motorized bicycle license or duplicate thereof 4532
shall be accompanied by a fee of two dollars and fifty cents.4533

       (E) Except as provided in division (I) of this section, each 4534
application for a driver's license or renewal of a driver's 4535
license that will be issued to a person who is less than 4536
twenty-one years of age shall be accompanied by whichever of the 4537
following fees is applicable:4538

       (1) If the person is sixteen years of age or older, but less 4539
than seventeen years of age, a fee of seven dollars and 4540
twenty-five cents;4541

       (2) If the person is seventeen years of age or older, but 4542
less than eighteen years of age, a fee of six dollars;4543

       (3) If the person is eighteen years of age or older, but less 4544
than nineteen years of age, a fee of four dollars and seventy-five 4545
cents;4546

       (4) If the person is nineteen years of age or older, but less 4547
than twenty years of age, a fee of three dollars and fifty cents;4548

       (5) If the person is twenty years of age or older, but less 4549
than twenty-one years of age, a fee of two dollars and twenty-five 4550
cents.4551

       (F) Neither the registrar nor any deputy registrar shall 4552
charge a fee in excess of one dollar and fifty cents for 4553
laminating a driver's license, motorized bicycle license, or 4554
temporary instruction permit identification cards as required by 4555
sections 4507.13 and 4511.521 of the Revised Code. A deputy 4556
registrar laminating a driver's license, motorized bicycle 4557
license, or temporary instruction permit identification cards 4558
shall retain the entire amount of the fee charged for lamination, 4559
less the actual cost to the registrar of the laminating materials 4560
used for that lamination, as specified in the contract executed by 4561
the bureau for the laminating materials and laminating equipment. 4562
The deputy registrar shall forward the amount of the cost of the 4563
laminating materials to the registrar for deposit as provided in 4564
this section.4565

       (G) Except as provided in division (I) of this section, each 4566
transaction described in divisions (A), (B), (C), (D), and (E) of 4567
this section shall be accompanied by an additional fee of twelve 4568
dollars. The additional fee is for the purpose of defraying the 4569
department of public safety's costs associated with the 4570
administration and enforcement of the motor vehicle and traffic 4571
laws of Ohio.4572

        (H) At the time and in the manner provided by section 4503.10 4573
of the Revised Code, the deputy registrar shall transmit the fees 4574
collected under divisions (A), (B), (C), (D), and (E), those 4575
portions of the fees specified in and collected under division 4576
(F), and the additional fee under division (G) of this section to 4577
the registrar. The registrar shall pay two dollars and fifty cents 4578
of each fee collected under divisions (A), (B), (C)(1) and (2), 4579
(D), and (E)(1) to (4) of this section, and the entire fee 4580
collected under division (E)(5) of this section, into the state 4581
highway safetybureau of motor vehicles fund established in 4582
section 4501.064501.25 of the Revised Code, and such fees shall 4583
be used for the sole purpose of supporting driver licensing 4584
activities. The registrar also shall pay five dollars of each fee 4585
collected under division (C)(2) of this section and the entire fee 4586
collected under division (G) of this section into the state 4587
highway safety fund created in section 4501.06 of the Revised 4588
Code. The remaining fees collected by the registrar under this 4589
section shall be paid into the state bureau of motor vehicles fund 4590
established in section 4501.25 of the Revised Code.4591

       (I) A disabled veteran who has a service-connected disability 4592
rated at one hundred per cent by the veterans' administration may 4593
apply to the registrar or a deputy registrar for the issuance to 4594
that veteran, without the payment of any fee prescribed in this 4595
section, of any of the following items:4596

       (1) A temporary instruction permit and examination;4597

       (2) A new, renewal, or duplicate driver's or commercial 4598
driver's license;4599

       (3) A motorcycle operator's endorsement;4600

       (4) A motorized bicycle license or duplicate thereof;4601

       (5) Lamination of a driver's license, motorized bicycle 4602
license, or temporary instruction permit identification card as 4603
provided in division (F) of this section.4604

       An application made under division (I) of this section shall 4605
be accompanied by such documentary evidence of disability as the 4606
registrar may require by rule.4607

       Sec. 4511.01.  As used in this chapter and in Chapter 4513. 4608
of the Revised Code:4609

       (A) "Vehicle" means every device, including a motorized 4610
bicycle, in, upon, or by which any person or property may be 4611
transported or drawn upon a highway, except that "vehicle" does 4612
not include any motorized wheelchair, any electric personal 4613
assistive mobility device, any device that is moved by power 4614
collected from overhead electric trolley wires or that is used 4615
exclusively upon stationary rails or tracks, or any device, other 4616
than a bicycle, that is moved by human power.4617

       (B) "Motor vehicle" means every vehicle propelled or drawn by 4618
power other than muscular power or power collected from overhead 4619
electric trolley wires, except motorized bicycles, road rollers, 4620
traction engines, power shovels, power cranes, and other equipment 4621
used in construction work and not designed for or employed in 4622
general highway transportation, hole-digging machinery, 4623
well-drilling machinery, ditch-digging machinery, farm machinery, 4624
and trailers designed and used exclusively to transport a boat 4625
between a place of storage and a marina, or in and around a 4626
marina, when drawn or towed on a street or highway for a distance 4627
of no more than ten miles and at a speed of twenty-five miles per 4628
hour or less.4629

       (C) "Motorcycle" means every motor vehicle, other than a 4630
tractor, having a seat or saddle for the use of the operator and 4631
designed to travel on not more than three wheels in contact with 4632
the ground, including, but not limited to, motor vehicles known as 4633
"motor-driven cycle," "motor scooter," or "motorcycle" without 4634
regard to weight or brake horsepower.4635

       (D) "Emergency vehicle" means emergency vehicles of 4636
municipal, township, or county departments or public utility 4637
corporations when identified as such as required by law, the 4638
director of public safety, or local authorities, and motor 4639
vehicles when commandeered by a police officer.4640

       (E) "Public safety vehicle" means any of the following:4641

       (1) Ambulances, including private ambulance companies under 4642
contract to a municipal corporation, township, or county, and 4643
private ambulances and nontransport vehicles bearing license 4644
plates issued under section 4503.49 of the Revised Code;4645

       (2) Motor vehicles used by public law enforcement officers or 4646
other persons sworn to enforce the criminal and traffic laws of 4647
the state;4648

       (3) Any motor vehicle when properly identified as required by 4649
the director of public safety, when used in response to fire 4650
emergency calls or to provide emergency medical service to ill or 4651
injured persons, and when operated by a duly qualified person who 4652
is a member of a volunteer rescue service or a volunteer fire 4653
department, and who is on duty pursuant to the rules or directives 4654
of that service. The state fire marshal shall be designated by the 4655
director of public safety as the certifying agency for all public 4656
safety vehicles described in division (E)(3) of this section.4657

       (4) Vehicles used by fire departments, including motor 4658
vehicles when used by volunteer fire fighters responding to 4659
emergency calls in the fire department service when identified as 4660
required by the director of public safety.4661

       Any vehicle used to transport or provide emergency medical 4662
service to an ill or injured person, when certified as a public 4663
safety vehicle, shall be considered a public safety vehicle when 4664
transporting an ill or injured person to a hospital regardless of 4665
whether such vehicle has already passed a hospital.4666

       (5) Vehicles used by the motor carrier enforcement unit for 4667
the enforcement of orders and rules of the public utilities 4668
commission as specified in section 5503.34 of the Revised Code.4669

       (F) "School bus" means every bus designed for carrying more 4670
than nine passengers that is owned by a public, private, or 4671
governmental agency or institution of learning and operated for 4672
the transportation of children to or from a school session or a 4673
school function, or owned by a private person and operated for 4674
compensation for the transportation of children to or from a 4675
school session or a school function, provided "school bus" does 4676
not include a bus operated by a municipally owned transportation 4677
system, a mass transit company operating exclusively within the 4678
territorial limits of a municipal corporation, or within such 4679
limits and the territorial limits of municipal corporations 4680
immediately contiguous to such municipal corporation, nor a common 4681
passenger carrier certified by the public utilities commission 4682
unless such bus is devoted exclusively to the transportation of 4683
children to and from a school session or a school function, and 4684
"school bus" does not include a van or bus used by a licensed 4685
child day-care center or type A family day-care home to transport 4686
children from the child day-care center or type A family day-care 4687
home to a school if the van or bus does not have more than fifteen 4688
children in the van or bus at any time.4689

       (G) "Bicycle" means every device, other than a tricycle4690
device that is designed solely for use as a play vehicle by a 4691
child, that is propelled solely by human power upon which anya4692
person may ride having, and that has two tandemor more wheels, 4693
or one wheel in the front and two wheels in the rear, or two 4694
wheels in the front and one wheel in the rear, any of which is 4695
more than fourteen inches in diameter.4696

       (H) "Motorized bicycle" means any vehicle having either two 4697
tandem wheels or one wheel in the front and two wheels in the 4698
rear, that is capable of being pedaled and is equipped with a 4699
helper motor of not more than fifty cubic centimeters piston 4700
displacement that produces no more than one brake horsepower and 4701
is capable of propelling the vehicle at a speed of no greater than 4702
twenty miles per hour on a level surface.4703

       (I) "Commercial tractor" means every motor vehicle having 4704
motive power designed or used for drawing other vehicles and not 4705
so constructed as to carry any load thereon, or designed or used 4706
for drawing other vehicles while carrying a portion of such other 4707
vehicles, or load thereon, or both.4708

       (J) "Agricultural tractor" means every self-propelling 4709
vehicle designed or used for drawing other vehicles or wheeled 4710
machinery but having no provision for carrying loads independently 4711
of such other vehicles, and used principally for agricultural 4712
purposes.4713

       (K) "Truck" means every motor vehicle, except trailers and 4714
semitrailers, designed and used to carry property.4715

       (L) "Bus" means every motor vehicle designed for carrying 4716
more than nine passengers and used for the transportation of 4717
persons other than in a ridesharing arrangement, and every motor 4718
vehicle, automobile for hire, or funeral car, other than a taxicab 4719
or motor vehicle used in a ridesharing arrangement, designed and 4720
used for the transportation of persons for compensation.4721

       (M) "Trailer" means every vehicle designed or used for 4722
carrying persons or property wholly on its own structure and for 4723
being drawn by a motor vehicle, including any such vehicle when 4724
formed by or operated as a combination of a "semitrailer" and a 4725
vehicle of the dolly type, such as that commonly known as a 4726
"trailer dolly," a vehicle used to transport agricultural produce 4727
or agricultural production materials between a local place of 4728
storage or supply and the farm when drawn or towed on a street or 4729
highway at a speed greater than twenty-five miles per hour, and a 4730
vehicle designed and used exclusively to transport a boat between 4731
a place of storage and a marina, or in and around a marina, when 4732
drawn or towed on a street or highway for a distance of more than 4733
ten miles or at a speed of more than twenty-five miles per hour.4734

       (N) "Semitrailer" means every vehicle designed or used for 4735
carrying persons or property with another and separate motor 4736
vehicle so that in operation a part of its own weight or that of 4737
its load, or both, rests upon and is carried by another vehicle.4738

       (O) "Pole trailer" means every trailer or semitrailer 4739
attached to the towing vehicle by means of a reach, pole, or by 4740
being boomed or otherwise secured to the towing vehicle, and 4741
ordinarily used for transporting long or irregular shaped loads 4742
such as poles, pipes, or structural members capable, generally, of 4743
sustaining themselves as beams between the supporting connections.4744

       (P) "Railroad" means a carrier of persons or property 4745
operating upon rails placed principally on a private right-of-way.4746

       (Q) "Railroad train" means a steam engine or an electric or 4747
other motor, with or without cars coupled thereto, operated by a 4748
railroad.4749

       (R) "Streetcar" means a car, other than a railroad train, for 4750
transporting persons or property, operated upon rails principally 4751
within a street or highway.4752

       (S) "Trackless trolley" means every car that collects its 4753
power from overhead electric trolley wires and that is not 4754
operated upon rails or tracks.4755

       (T) "Explosives" means any chemical compound or mechanical 4756
mixture that is intended for the purpose of producing an explosion 4757
that contains any oxidizing and combustible units or other 4758
ingredients in such proportions, quantities, or packing that an 4759
ignition by fire, by friction, by concussion, by percussion, or by 4760
a detonator of any part of the compound or mixture may cause such 4761
a sudden generation of highly heated gases that the resultant 4762
gaseous pressures are capable of producing destructive effects on 4763
contiguous objects, or of destroying life or limb. Manufactured 4764
articles shall not be held to be explosives when the individual 4765
units contain explosives in such limited quantities, of such 4766
nature, or in such packing, that it is impossible to procure a 4767
simultaneous or a destructive explosion of such units, to the 4768
injury of life, limb, or property by fire, by friction, by 4769
concussion, by percussion, or by a detonator, such as fixed 4770
ammunition for small arms, firecrackers, or safety fuse matches.4771

       (U) "Flammable liquid" means any liquid that has a flash 4772
point of seventy degrees fahrenheit, or less, as determined by a 4773
tagliabue or equivalent closed cup test device.4774

       (V) "Gross weight" means the weight of a vehicle plus the 4775
weight of any load thereon.4776

       (W) "Person" means every natural person, firm, 4777
co-partnership, association, or corporation.4778

       (X) "Pedestrian" means any natural person afoot.4779

       (Y) "Driver or operator" means every person who drives or is 4780
in actual physical control of a vehicle, trackless trolley, or 4781
streetcar.4782

       (Z) "Police officer" means every officer authorized to direct 4783
or regulate traffic, or to make arrests for violations of traffic 4784
regulations.4785

       (AA) "Local authorities" means every county, municipal, and 4786
other local board or body having authority to adopt police 4787
regulations under the constitution and laws of this state.4788

       (BB) "Street" or "highway" means the entire width between the 4789
boundary lines of every way open to the use of the public as a 4790
thoroughfare for purposes of vehicular travel.4791

       (CC) "Controlled-access highway" means every street or 4792
highway in respect to which owners or occupants of abutting lands 4793
and other persons have no legal right of access to or from the 4794
same except at such points only and in such manner as may be 4795
determined by the public authority having jurisdiction over such 4796
street or highway.4797

       (DD) "Private road or driveway" means every way or place in 4798
private ownership used for vehicular travel by the owner and those 4799
having express or implied permission from the owner but not by 4800
other persons.4801

       (EE) "Roadway" means that portion of a highway improved, 4802
designed, or ordinarily used for vehicular travel, except the berm 4803
or shoulder. If a highway includes two or more separate roadways 4804
the term "roadway" means any such roadway separately but not all 4805
such roadways collectively.4806

       (FF) "Sidewalk" means that portion of a street between the 4807
curb lines, or the lateral lines of a roadway, and the adjacent 4808
property lines, intended for the use of pedestrians.4809

       (GG) "Laned highway" means a highway the roadway of which is 4810
divided into two or more clearly marked lanes for vehicular 4811
traffic.4812

       (HH) "Through highway" means every street or highway as 4813
provided in section 4511.65 of the Revised Code.4814

       (II) "State highway" means a highway under the jurisdiction 4815
of the department of transportation, outside the limits of 4816
municipal corporations, provided that the authority conferred upon 4817
the director of transportation in section 5511.01 of the Revised 4818
Code to erect state highway route markers and signs directing 4819
traffic shall not be modified by sections 4511.01 to 4511.79 and 4820
4511.99 of the Revised Code.4821

       (JJ) "State route" means every highway that is designated 4822
with an official state route number and so marked.4823

       (KK) "Intersection" means:4824

       (1) The area embraced within the prolongation or connection 4825
of the lateral curb lines, or, if none, the lateral boundary lines 4826
of the roadways of two highways that join one another at, or 4827
approximately at, right angles, or the area within which vehicles 4828
traveling upon different highways that join at any other angle 4829
might come into conflict. The junction of an alley or driveway 4830
with a roadway or highway does not constitute an intersection 4831
unless the roadway or highway at the junction is controlled by a 4832
traffic control device.4833

       (2) If a highway includes two roadways that are thirty feet 4834
or more apart, then every crossing of each roadway of such divided 4835
highway by an intersecting highway constitutes a separate 4836
intersection. If both intersecting highways include two roadways 4837
thirty feet or more apart, then every crossing of any two roadways 4838
of such highways constitutes a separate intersection.4839

       (3) At a location controlled by a traffic control signal, 4840
regardless of the distance between the separate intersections as 4841
described in division (KK)(2) of this section:4842

       (a) If a stop line, yield line, or crosswalk has not been 4843
designated on the roadway within the median between the separate 4844
intersections, the two intersections and the roadway and median 4845
constitute one intersection.4846

       (b) Where a stop line, yield line, or crosswalk line is 4847
designated on the roadway on the intersection approach, the area 4848
within the crosswalk and any area beyond the designated stop line 4849
or yield line constitute part of the intersection.4850

       (c) Where a crosswalk is designated on a roadway on the 4851
departure from the intersection, the intersection includes the 4852
area that extends to the far side of the crosswalk.4853

       (LL) "Crosswalk" means:4854

       (1) That part of a roadway at intersections ordinarily 4855
included within the real or projected prolongation of property 4856
lines and curb lines or, in the absence of curbs, the edges of the 4857
traversable roadway;4858

       (2) Any portion of a roadway at an intersection or elsewhere, 4859
distinctly indicated for pedestrian crossing by lines or other 4860
markings on the surface;4861

       (3) Notwithstanding divisions (LL)(1) and (2) of this 4862
section, there shall not be a crosswalk where local authorities 4863
have placed signs indicating no crossing.4864

       (MM) "Safety zone" means the area or space officially set 4865
apart within a roadway for the exclusive use of pedestrians and 4866
protected or marked or indicated by adequate signs as to be 4867
plainly visible at all times.4868

       (NN) "Business district" means the territory fronting upon a 4869
street or highway, including the street or highway, between 4870
successive intersections within municipal corporations where fifty 4871
per cent or more of the frontage between such successive 4872
intersections is occupied by buildings in use for business, or 4873
within or outside municipal corporations where fifty per cent or 4874
more of the frontage for a distance of three hundred feet or more 4875
is occupied by buildings in use for business, and the character of 4876
such territory is indicated by official traffic control devices.4877

       (OO) "Residence district" means the territory, not comprising 4878
a business district, fronting on a street or highway, including 4879
the street or highway, where, for a distance of three hundred feet 4880
or more, the frontage is improved with residences or residences 4881
and buildings in use for business.4882

       (PP) "Urban district" means the territory contiguous to and 4883
including any street or highway which is built up with structures 4884
devoted to business, industry, or dwelling houses situated at 4885
intervals of less than one hundred feet for a distance of a 4886
quarter of a mile or more, and the character of such territory is 4887
indicated by official traffic control devices.4888

       (QQ) "Traffic control device" means a flagger, sign, signal, 4889
marking, or other device used to regulate, warn, or guide traffic, 4890
placed on, over, or adjacent to a street, highway, private road 4891
open to public travel, pedestrian facility, or shared-use path by 4892
authority of a public agency or official having jurisdiction, or, 4893
in the case of a private road open to public travel, by authority 4894
of the private owner or private official having jurisdiction.4895

       (RR) "Traffic control signal" means any highway traffic 4896
signal by which traffic is alternately directed to stop and 4897
permitted to proceed.4898

       (SS) "Railroad sign or signal" means any sign, signal, or 4899
device erected by authority of a public body or official or by a 4900
railroad and intended to give notice of the presence of railroad 4901
tracks or the approach of a railroad train.4902

       (TT) "Traffic" means pedestrians, ridden or herded animals, 4903
vehicles, streetcars, trackless trolleys, and other devices, 4904
either singly or together, while using for purposes of travel any 4905
highway or private road open to public travel.4906

       (UU) "Right-of-way" means either of the following, as the 4907
context requires:4908

       (1) The right of a vehicle, streetcar, trackless trolley, or 4909
pedestrian to proceed uninterruptedly in a lawful manner in the 4910
direction in which it or the individual is moving in preference to 4911
another vehicle, streetcar, trackless trolley, or pedestrian 4912
approaching from a different direction into its or the 4913
individual's path;4914

       (2) A general term denoting land, property, or the interest 4915
therein, usually in the configuration of a strip, acquired for or 4916
devoted to transportation purposes. When used in this context, 4917
right-of-way includes the roadway, shoulders or berm, ditch, and 4918
slopes extending to the right-of-way limits under the control of 4919
the state or local authority.4920

       (VV) "Rural mail delivery vehicle" means every vehicle used 4921
to deliver United States mail on a rural mail delivery route.4922

       (WW) "Funeral escort vehicle" means any motor vehicle, 4923
including a funeral hearse, while used to facilitate the movement 4924
of a funeral procession.4925

       (XX) "Alley" means a street or highway intended to provide 4926
access to the rear or side of lots or buildings in urban districts 4927
and not intended for the purpose of through vehicular traffic, and 4928
includes any street or highway that has been declared an "alley" 4929
by the legislative authority of the municipal corporation in which 4930
such street or highway is located.4931

       (YY) "Freeway" means a divided multi-lane highway for through 4932
traffic with all crossroads separated in grade and with full 4933
control of access.4934

       (ZZ) "Expressway" means a divided arterial highway for 4935
through traffic with full or partial control of access with an 4936
excess of fifty per cent of all crossroads separated in grade.4937

       (AAA) "Thruway" means a through highway whose entire roadway 4938
is reserved for through traffic and on which roadway parking is 4939
prohibited.4940

       (BBB) "Stop intersection" means any intersection at one or 4941
more entrances of which stop signs are erected.4942

       (CCC) "Arterial street" means any United States or state 4943
numbered route, controlled access highway, or other major radial 4944
or circumferential street or highway designated by local 4945
authorities within their respective jurisdictions as part of a 4946
major arterial system of streets or highways.4947

       (DDD) "Ridesharing arrangement" means the transportation of 4948
persons in a motor vehicle where such transportation is incidental 4949
to another purpose of a volunteer driver and includes ridesharing 4950
arrangements known as carpools, vanpools, and buspools.4951

       (EEE) "Motorized wheelchair" means any self-propelled vehicle 4952
designed for, and used by, a handicapped person and that is 4953
incapable of a speed in excess of eight miles per hour.4954

       (FFF) "Child day-care center" and "type A family day-care 4955
home" have the same meanings as in section 5104.01 of the Revised 4956
Code.4957

       (GGG) "Multi-wheel agricultural tractor" means a type of 4958
agricultural tractor that has two or more wheels or tires on each 4959
side of one axle at the rear of the tractor, is designed or used 4960
for drawing other vehicles or wheeled machinery, has no provision 4961
for carrying loads independently of the drawn vehicles or 4962
machinery, and is used principally for agricultural purposes.4963

       (HHH) "Operate" means to cause or have caused movement of a 4964
vehicle, streetcar, or trackless trolley.4965

       (III) "Predicate motor vehicle or traffic offense" means any 4966
of the following:4967

       (1) A violation of section 4511.03, 4511.051, 4511.12, 4968
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, 4969
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4970
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4971
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4972
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452, 4973
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, 4974
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4975
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4976
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4977
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;4978

       (2) A violation of division (A)(2) of section 4511.17, 4979
divisions (A) to (D) of section 4511.51, or division (A) of 4980
section 4511.74 of the Revised Code;4981

       (3) A violation of any provision of sections 4511.01 to 4982
4511.76 of the Revised Code for which no penalty otherwise is 4983
provided in the section that contains the provision violated;4984

       (4) A violation of a municipal ordinance that is 4985
substantially similar to any section or provision set forth or 4986
described in division (III)(1), (2), or (3) of this section.4987

       (JJJ) "Road service vehicle" means wreckers, utility repair 4988
vehicles, and state, county, and municipal service vehicles 4989
equipped with visual signals by means of flashing, rotating, or 4990
oscillating lights.4991

       (KKK) "Beacon" means a highway traffic signal with one or 4992
more signal sections that operate in a flashing mode.4993

       (LLL) "Hybrid beacon" means a type of beacon that is 4994
intentionally placed in a dark mode between periods of operation 4995
where no indications are displayed and, when in operation, 4996
displays both steady and flashing traffic control signal 4997
indications.4998

       (MMM) "Highway traffic signal" means a power-operated traffic 4999
control device by which traffic is warned or directed to take some 5000
specific action. "Highway traffic signal" does not include a 5001
power-operated sign, steadily illuminated pavement marker, warning 5002
light, or steady burning electric lamp.5003

       (NNN) "Median" means the area between two roadways of a 5004
divided highway, measured from edge of traveled way to edge of 5005
traveled way, but excluding turn lanes. The width of a median may 5006
be different between intersections, between interchanges, and at 5007
opposite approaches of the same intersection.5008

       (OOO) "Private road open to public travel" means a private 5009
toll road or road, including any adjacent sidewalks that generally 5010
run parallel to the road, within a shopping center, airport, 5011
sports arena, or other similar business or recreation facility 5012
that is privately owned but where the public is allowed to travel 5013
without access restrictions. "Private road open to public travel" 5014
includes a gated toll road but does not include a road within a 5015
private gated property where access is restricted at all times, a 5016
parking area, a driving aisle within a parking area, or a private 5017
grade crossing.5018

       (PPP) "Shared-use path" means a bikeway outside the traveled 5019
way and physically separated from motorized vehicular traffic by 5020
an open space or barrier and either within the highway 5021
right-of-way or within an independent alignment. A shared-use path 5022
also may be used by pedestrians, including skaters, joggers, users 5023
of manual and motorized wheelchairs, and other authorized 5024
motorized and non-motorized users.5025

       Sec. 4511.13.  Highway traffic signal indications for 5026
vehicles and pedestrians shall have the following meanings:5027

       (A) Steady green signal indication:5028

       (1)(a) Vehicular traffic, streetcars, and trackless trolleys 5029
facing a circular green signal indication are permitted to proceed 5030
straight through or turn right or left or make a u-turn movement 5031
except as such movement is modified by a lane-use sign, turn 5032
prohibition sign, lane marking, roadway design, separate turn 5033
signal indication, or other traffic control device. Such vehicular 5034
traffic, including vehicles turning right or left or making a 5035
u-turn movement, shall yield the right-of-way to both of the 5036
following:5037

       (i) Pedestrians lawfully within an associated crosswalk;5038

       (ii) Other vehicles lawfully within the intersection.5039

       (b) In addition, vehicular traffic turning left or making a 5040
u-turn movement to the left shall yield the right-of-way to other 5041
vehicles approaching from the opposite direction so closely as to 5042
constitute an immediate hazard during the time when such turning 5043
vehicle is moving across or within the intersection.5044

       (2) Vehicular traffic, streetcars, and trackless trolleys 5045
facing a green arrow signal indication, displayed alone or in 5046
combination with another signal indication, are permitted to 5047
cautiously enter the intersection only to make the movement 5048
indicated by such arrow, or such other movement as is permitted by 5049
other indications displayed at the same time. Such vehicular 5050
traffic, streetcars, and trackless trolleys, including vehicles 5051
turning right or left or making a u-turn movement, shall yield the 5052
right-of-way to both of the following:5053

       (a) Pedestrians lawfully within an associated crosswalk;5054

       (b) Other traffic lawfully using the intersection.5055

       (3)(a) Unless otherwise directed by a pedestrian signal 5056
indication, as provided in section 4511.14 of the Revised Code, 5057
pedestrians facing a circular green signal indication are 5058
permitted to proceed across the roadway within any marked or 5059
unmarked associated crosswalk. The pedestrian shall yield the 5060
right-of-way to vehicles lawfully within the intersection or so 5061
close as to create an immediate hazard at the time that the green 5062
signal indication is first displayed.5063

       (b) Pedestrians facing a green arrow signal indication, 5064
unless otherwise directed by a pedestrian signal indication or 5065
other traffic control device, shall not cross the roadway.5066

       (B) Steady yellow signal indication:5067

       (1) Vehicular traffic, streetcars, and trackless trolleys 5068
facing a steady circular yellow signal indication are thereby 5069
warned that the related green movement or the related flashing 5070
arrow movement is being terminated or that a steady red signal 5071
indication will be exhibited immediately thereafter when vehicular 5072
traffic, streetcars, and trackless trolleys shall not enter the 5073
intersection. The provisions governing vehicular operation under 5074
the movement being terminated shall continue to apply while the 5075
steady circular yellow signal indication is displayed.5076

       (2) Vehicular traffic facing a steady yellow arrow signal 5077
indication is thereby warned that the related green arrow movement 5078
or the related flashing arrow movement is being terminated. The 5079
provisions governing vehicular operation under the movement being 5080
terminated shall continue to apply while the steady yellow arrow 5081
signal indication is displayed.5082

       (3) Pedestrians facing a steady circular yellow or yellow 5083
arrow signal indication, unless otherwise directed by a pedestrian 5084
signal indication as provided in section 4511.14 of the Revised 5085
Code or other traffic control device, shall not start to cross the 5086
roadway.5087

       (C) Steady red signal indication:5088

       (1)(a) Vehicular traffic, streetcars, and trackless trolleys 5089
facing a steady circular red signal indication, unless entering 5090
the intersection to make another movement permitted by another 5091
signal indication, shall stop at a clearly marked stop line; but 5092
if there is no stop line, traffic shall stop before entering the 5093
crosswalk on the near side of the intersection; or if there is no 5094
crosswalk, then before entering the intersection; and shall remain 5095
stopped until a signal indication to proceed is displayed except 5096
as provided in divisions (C)(1), (2), and (3) of this section.5097

       (b) Except when a traffic control device is in place 5098
prohibiting a turn on red or a steady red arrow signal indication 5099
is displayed, vehicular traffic facing a steady circular red 5100
signal indication is permitted, after stopping, to enter the 5101
intersection to turn right, or to turn left from a one-way street, 5102
after stoppinginto a one-way street. The right to proceed with 5103
the turn shall be subject to the provisions that are applicable 5104
after making a stop at a stop sign.5105

       (2)(a) Vehicular traffic, streetcars, and trackless trolleys 5106
facing a steady red arrow signal indication shall not enter the 5107
intersection to make the movement indicated by the arrow and, 5108
unless entering the intersection to make another movement 5109
permitted by another signal indication, shall stop at a clearly 5110
marked stop line; but if there is no stop line, before entering 5111
the crosswalk on the near side of the intersection; or if there is 5112
no crosswalk, then before entering the intersection; and shall 5113
remain stopped until a signal indication or other traffic control 5114
device permitting the movement indicated by such red arrow is 5115
displayed.5116

       (b) When a traffic control device is in place permitting a 5117
turn on a steady red arrow signal indication, vehicular traffic 5118
facing a steady red arrow indication is permitted, after stopping,5119
to enter the intersection to make the movement indicated by the 5120
arrow signal indication, after stoppingturn right, or to turn 5121
left from a one-way street into a one-way street. The right to 5122
proceed with the turn shall be limited to the direction indicated 5123
by the arrow and shall be subject to the provisions that are 5124
applicable after making a stop at a stop sign.5125

        (3) Unless otherwise directed by a pedestrian signal 5126
indication as provided in section 4511.14 of the Revised Code or 5127
other traffic control device, pedestrians facing a steady circular 5128
red or steady red arrow signal indication shall not enter the 5129
roadway.5130

       (4) Local authorities by ordinance, or the director of 5131
transportation on state highways, may prohibit a right or a left 5132
turn against a steady red signal at any intersection, which shall 5133
be effective when signs giving notice thereof are posted at the 5134
intersection.5135

       (D) A flashing green signal indication has no meaning and 5136
shall not be used.5137

       (E) Flashing yellow signal indication:5138

       (1)(a) Vehicular traffic, on an approach to an intersection, 5139
facing a flashing circular yellow signal indication, is permitted 5140
to cautiously enter the intersection to proceed straight through 5141
or turn right or left or make a u-turn movement except as such 5142
movement is modified by lane-use signs, turn prohibition signs, 5143
lane markings, roadway design, separate turn signal indications, 5144
or other traffic control devices. Such vehicular traffic, 5145
including vehicles turning right or left or making a u-turn 5146
movement, shall yield the right-of-way to both of the following:5147

       (i) Pedestrians lawfully within an associated crosswalk;5148

       (ii) Other vehicles lawfully within the intersection.5149

       (b) In addition, vehicular traffic turning left or making a 5150
u-turn to the left shall yield the right-of-way to other vehicles 5151
approaching from the opposite direction so closely as to 5152
constitute an immediate hazard during the time when such turning 5153
vehicle is moving across or within the intersection.5154

       (2)(a) Vehicular traffic, on an approach to an intersection, 5155
facing a flashing yellow arrow signal indication, displayed alone 5156
or in combination with another signal indication, is permitted to 5157
cautiously enter the intersection only to make the movement 5158
indicated by such arrow, or other such movement as is permitted by 5159
other signal indications displayed at the same time. Such 5160
vehicular traffic, including vehicles turning right or left or 5161
making a u-turn, shall yield the right-of-way to both of the 5162
following:5163

       (i) Pedestrians lawfully within an associated crosswalk;5164

       (ii) Other vehicles lawfully within the intersection.5165

       (b) In addition, vehicular traffic turning left or making a 5166
u-turn to the left shall yield the right-of-way to other vehicles 5167
approaching from the opposite direction so closely as to 5168
constitute an immediate hazard during the time when such turning 5169
vehicle is moving across or within the intersection.5170

       (3) Pedestrians facing any flashing yellow signal indication 5171
at an intersection, unless otherwise directed by a pedestrian 5172
signal indication or other traffic control device, are permitted 5173
to proceed across the roadway within any marked or unmarked 5174
associated crosswalk. Pedestrians shall yield the right-of-way to 5175
vehicles lawfully within the intersection at the time that the 5176
flashing yellow signal indication is first displayed.5177

       (4) When a flashing circular yellow signal indication is 5178
displayed as a beacon to supplement another traffic control 5179
device, road users are notified that there is a need to pay 5180
additional attention to the message contained thereon or that the 5181
regulatory or warning requirements of the other traffic control 5182
device, which might not be applicable at all times, are currently 5183
applicable.5184

       (F) Flashing red signal indication:5185

       (1) Vehicular traffic, on an approach to an intersection, 5186
facing a flashing circular red signal indication, shall stop at a 5187
clearly marked stop line; but if there is no stop line, before 5188
entering the crosswalk on the near side of the intersection; or if 5189
there is no crosswalk, at the point nearest the intersecting 5190
roadway where the driver has a view of approaching traffic on the 5191
intersecting roadway before entering the intersection. The right 5192
to proceed shall be subject to the provisions that are applicable 5193
after making a stop at a stop sign.5194

       (2) Pedestrians facing any flashing red signal indication at 5195
an intersection, unless otherwise directed by a pedestrian signal 5196
indication or other traffic control device, are permitted to 5197
proceed across the roadway within any marked or unmarked 5198
associated crosswalk. Pedestrians shall yield the right-of-way to 5199
vehicles lawfully within the intersection at the time that the 5200
flashing red signal indication is first displayed.5201

       (3) When a flashing circular red signal indication is 5202
displayed as a beacon to supplement another traffic control 5203
device, road users are notified that there is a need to pay 5204
additional attention to the message contained thereon or that the 5205
regulatory requirements of the other traffic control device, which 5206
might not be applicable at all times, are currently applicable. 5207
Use of this signal indication shall be limited to supplementing 5208
stop, do not enter, or wrong way signs, and to applications where 5209
compliance with the supplemented traffic control device requires a 5210
stop at a designated point.5211

       (G) In the event an official traffic-control signal is 5212
erected and maintained at a place other than an intersection, the 5213
provisions of this section shall be applicable except as to those 5214
provisions which by their nature can have no application. Any stop 5215
required shall be made at a sign or marking on the pavement 5216
indicating where the stop shall be made, but in the absence of any 5217
such sign or marking the stop shall be made at the signal.5218

       (H) This section does not apply at railroad grade crossings. 5219
Conduct of drivers of vehicles, trackless trolleys, and streetcars 5220
approaching railroad grade crossings shall be governed by sections 5221
4511.61 and 4511.62 of the Revised Code.5222

       Sec. 4511.21.  (A) No person shall operate a motor vehicle, 5223
trackless trolley, or streetcar at a speed greater or less than is 5224
reasonable or proper, having due regard to the traffic, surface, 5225
and width of the street or highway and any other conditions, and 5226
no person shall drive any motor vehicle, trackless trolley, or 5227
streetcar in and upon any street or highway at a greater speed 5228
than will permit the person to bring it to a stop within the 5229
assured clear distance ahead.5230

       (B) It is prima-facie lawful, in the absence of a lower limit 5231
declared or established pursuant to this section by the director 5232
of transportation or local authorities, for the operator of a 5233
motor vehicle, trackless trolley, or streetcar to operate the same 5234
at a speed not exceeding the following:5235

       (1)(a) Twenty miles per hour in school zones during school 5236
recess and while children are going to or leaving school during 5237
the opening or closing hours, and when twenty miles per hour 5238
school speed limit signs are erected; except that, on 5239
controlled-access highways and expressways, if the right-of-way 5240
line fence has been erected without pedestrian opening, the speed 5241
shall be governed by division (B)(4) of this section and on 5242
freeways, if the right-of-way line fence has been erected without 5243
pedestrian opening, the speed shall be governed by divisions 5244
(B)(9) and (10) of this section. The end of every school zone may 5245
be marked by a sign indicating the end of the zone. Nothing in 5246
this section or in the manual and specifications for a uniform 5247
system of traffic control devices shall be construed to require 5248
school zones to be indicated by signs equipped with flashing or 5249
other lights, or giving other special notice of the hours in which 5250
the school zone speed limit is in effect.5251

       (b) As used in this section and in section 4511.212 of the 5252
Revised Code, "school" means any school chartered under section 5253
3301.16 of the Revised Code and any nonchartered school that 5254
during the preceding year filed with the department of education 5255
in compliance with rule 3301-35-08 of the Ohio Administrative 5256
Code, a copy of the school's report for the parents of the 5257
school's pupils certifying that the school meets Ohio minimum 5258
standards for nonchartered, nontax-supported schools and presents 5259
evidence of this filing to the jurisdiction from which it is 5260
requesting the establishment of a school zone. "School" also 5261
includes a special elementary school that in writing requests the 5262
county engineer of the county in which the s