As Passed by the Senate

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


Representatives McGregor, Patmon 

Cosponsors: Representatives Wachtmann, Amstutz, Beck, Grossman, Hackett, Huffman, Perales, Sears, Sprague, Stebelton, Terhar, Speaker Batchelder 

Senators Manning, Balderson, Beagle, Brown, Cafaro, Hite, Hughes, Lehner, Patton, Peterson, Schaffer, Uecker 



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
2913.01, 2913.02, 2913.51, 2937.221, 3354.13, 4
3355.10, 3357.12, 3705.242, 3791.12, 3791.13, 5
3791.99, 4501.01, 4501.03, 4501.04, 4501.041, 6
4501.042, 4501.043, 4501.06, 4503.03, 4503.04, 7
4503.042, 4503.07, 4503.103, 4503.11, 4503.19, 8
4503.191, 4503.22, 4503.42, 4503.45, 4503.49, 9
4504.19, 4504.21, 4505.11, 4506.08, 4506.09, 10
4507.011, 4507.05, 4507.23, 4511.01, 4511.13, 11
4511.21, 4511.61, 4513.263, 4513.34, 4513.53, 12
4513.66, 4517.021, 4561.01, 4561.06, 4561.07, 13
4561.08, 4561.09, 4561.12, 4561.21, 4582.06, 14
4737.04, 4737.99, 4743.05, 4765.02, 4765.03, 15
4765.04, 4765.05, 4765.06, 4765.07, 4765.08, 16
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 17
4765.111, 4765.112, 4765.113, 4765.114, 4765.115, 18
4765.116, 4765.12, 4765.15, 4765.16, 4765.17, 19
4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 20
4765.30, 4765.31, 4765.32, 4765.33, 4765.37, 21
4765.38, 4765.39, 4765.40, 4765.42, 4765.48, 22
4765.49, 4765.55, 4765.56, 4766.01, 4766.03, 23
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 24
4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 25
4766.22, 5501.03, 5501.17, 5501.31, 5501.73, 26
5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 27
5503.31, 5503.32, 5513.01, 5517.02, 5525.01, 28
5525.16, 5526.01, 5533.121, 5533.31, 5537.01, 29
5537.02, 5537.03, 5537.04, 5537.05, 5537.051, 30
5537.06, 5537.07, 5537.08, 5537.09, 5537.11, 31
5537.12, 5537.13, 5537.14, 5537.15, 5537.16, 32
5537.17, 5537.19, 5537.20, 5537.21, 5537.22, 33
5537.24, 5537.25, 5537.26, 5537.27, 5537.28, 34
5537.30, 5577.05, 5728.01, 5735.05, 5735.23, 35
5739.02, 5747.01, 5747.08, 5747.98, 5751.01, 36
5751.02, 5751.051, and 5751.20; to enact sections 37
4501.031, 4503.192, 4503.83, 4582.171, 4765.59, 38
5517.021, 5537.18, 5553.051, 5577.044, and 39
5747.053; and to repeal sections 126.60, 126.601, 40
126.602, 126.603, 126.604, 126.605, 3791.11, 41
4766.02, 4766.20, 4981.36, 4981.361, and 5540.151 42
of the Revised Code; to amend Section 10 of Am. 43
Sub. H.B. 386 of the 129th General Assembly; and 44
to amend Sections 203.80 and 203.83 of Sub. H.B. 45
482 of the 129th General Assembly; to amend the 46
versions of sections 4501.01, 4503.04, 4503.22, 47
4507.05, and 4511.01 of the Revised Code that are 48
scheduled to take effect January 1, 2017, to 49
continue the amendments by this act on and after 50
that effective date; to make appropriations for 51
programs related to transportation and public 52
safety for the biennium beginning July 1, 2013, 53
and ending June 30, 2015, and to provide 54
authorization and conditions for the operation of 55
those programs.56


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, 57
127.14, 153.01, 153.65, 164.05, 307.05, 307.051, 307.055, 505.37, 58
505.375, 505.44, 505.72, 718.01, 2913.01, 2913.02, 2913.51, 59
2937.221, 3354.13, 3355.10, 3357.12, 3705.242, 3791.12, 3791.13, 60
3791.99, 4501.01, 4501.03, 4501.04, 4501.041, 4501.042, 4501.043, 61
4501.06, 4503.03, 4503.04, 4503.042, 4503.07, 4503.103, 4503.11, 62
4503.19, 4503.191, 4503.22, 4503.42, 4503.45, 4503.49, 4504.19, 63
4504.21, 4505.11, 4506.08, 4506.09, 4507.011, 4507.05, 4507.23, 64
4511.01, 4511.13, 4511.21, 4511.61, 4513.263, 4513.34, 4513.53, 65
4513.66, 4517.021, 4561.01, 4561.06, 4561.07, 4561.08, 4561.09, 66
4561.12, 4561.21, 4582.06, 4737.04, 4737.99, 4743.05, 4765.02, 67
4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08, 4765.09, 68
4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112, 69
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16, 70
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30, 71
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40, 72
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03, 73
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 74
4766.12, 4766.13, 4766.15, 4766.22, 5501.03, 5501.17, 5501.31, 75
5501.73, 5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 5503.31, 76
5503.32, 5513.01, 5517.02, 5525.01, 5525.16, 5526.01, 5533.121, 77
5533.31, 5537.01, 5537.02, 5537.03, 5537.04, 5537.05, 5537.051, 78
5537.06, 5537.07, 5537.08, 5537.09, 5537.11, 5537.12, 5537.13, 79
5537.14, 5537.15, 5537.16, 5537.17, 5537.19, 5537.20, 5537.21, 80
5537.22, 5537.24, 5537.25, 5537.26, 5537.27, 5537.28, 5537.30, 81
5577.05, 5728.01, 5735.05, 5735.23, 5739.02, 5747.01, 5747.08, 82
5747.98, 5751.01, 5751.02, 5751.051, and 5751.20 be amended, and 83
sections 4501.031, 4503.192, 4503.83, 4582.171, 4765.59, 5517.021, 84
5537.18, 5553.051, 5577.044, and 5747.053 of the Revised Code be 85
enacted to read as follows:86

       Sec. 9.33.  As used in sections 9.33 to 9.335 of the Revised 87
Code:88

       (A) "Construction manager" means a person with substantial 89
discretion and authority to plan, coordinate, manage, and direct 90
all phases of a project for the construction, demolition, 91
alteration, repair, or reconstruction of any public building, 92
structure, or other improvement, but does not mean the person who 93
provides the professional design services or who actually performs 94
the construction, demolition, alteration, repair, or 95
reconstruction work on the project.96

       (B)(1) "Construction manager at risk" means a person with 97
substantial discretion and authority to plan, coordinate, manage, 98
direct, and construct all phases of a project for the 99
construction, demolition, alteration, repair, or reconstruction of 100
any public building, structure, or other improvement and who 101
provides the public authority a guaranteed maximum price as 102
determined in section 9.334 of the Revised Code. 103

       (2) As used in division (B)(1) of this section:104

       (a) "Construct" includes performing, or subcontracting for 105
performing, construction, demolition, alteration, repair, or 106
reconstruction.107

       (b) "Manage" includes approving bidders and awarding 108
subcontracts for furnishing materials regarding, or for 109
performing, construction, demolition, alteration, repair, or 110
reconstruction.111

       (C) "Construction management contract" means a contract 112
between a public authority and another person obligating the 113
person to provide construction management services.114

       (D) "Construction management services" or "management 115
services" means the range of services that either a construction 116
manager or a construction manager at risk may provide.117

       (E) "Qualified" means having the following qualifications:118

       (1) Competence to perform the required management services as 119
indicated by the technical training, education, and experience of 120
the construction manager's or construction manager at risk's 121
personnel, especially the technical training, education, and 122
experience of the construction manager's or construction manager 123
at risk's employees who would be assigned to perform the services;124

       (2) Ability in terms of workload and the availability of 125
qualified personnel, equipment, and facilities to perform the 126
required management services competently and expeditiously;127

       (3) Past performance as reflected by the evaluations of 128
previous clients with respect to factors such as control of costs, 129
quality of work, and meeting of deadlines;130

       (4) Financial responsibility as evidenced by the capability 131
to provide a letter of credit pursuant to Chapter 1305. of the 132
Revised Code, a surety bond, certified check, or cashier's check 133
in an amount equal to the value of the construction management 134
contract, or by other means acceptable to the public authority;135

       (5) Other similar factors.136

       (F)(1) "Public authority" means the state, any state 137
institution of higher education as defined in section 3345.011 of 138
the Revised Code, any county, township, municipal corporation, 139
school district, or other political subdivision, or any public 140
agency, authority, board, commission, instrumentality, or special 141
purpose district of the state or of a political subdivision.142

       (2) "Public authority" does not include the Ohio turnpike 143
commissionthe director of transportation when exercising the 144
director's authority to prepare plans for, acquire rights-of-way 145
for, construct, or maintain roads, highways, bridges, or any other 146
department of transportation facilities.147

       (G) "Open book pricing method" means a method in which a 148
construction manager at risk provides the public authority, at the 149
public authority's request, all books, records, documents, and 150
other data in its possession pertaining to the bidding, pricing, 151
or performance of a construction management contract awarded to 152
the construction manager at risk.153

       Sec. 123.21.  (A) The Ohio facilities construction commission 154
may perform any act and ensure the performance of any function 155
necessary or appropriate to carry out the purposes of, and 156
exercise the powers granted under this chapter or any other 157
provision of the Revised Code, including any of the following:158

       (1) Prepare, or contract to be prepared, by licensed 159
engineers or architects, surveys, general and detailed plans, 160
specifications, bills of materials, and estimates of cost for any 161
projects, improvements, or public buildings to be constructed by 162
state agencies that may be authorized by legislative 163
appropriations or any other funds made available therefor, 164
provided that the construction of the projects, improvements, or 165
public buildings is a statutory duty of the commission. This 166
section does not require the independent employment of an 167
architect or engineer as provided by section 153.01 of the Revised 168
Code in the cases to which section 153.01 of the Revised Code 169
applies. This section does not affect or alter the existing powers 170
of the director of transportation.171

       (2) Have general supervision over the construction of any 172
projects, improvements, or public buildings constructed for a 173
state agency and over the inspection of materials prior to their 174
incorporation into those projects, improvements, or buildings.175

       (3) Make contracts for and supervise the design and 176
construction of any projects and improvements or the construction 177
and repair of buildings under the control of a state agency. All 178
such contracts may be based in whole or in part on the unit price 179
or maximum estimated cost, with payment computed and made upon 180
actual quantities or units.181

       (4) Adopt, amend, and rescind rules pertaining to the 182
administration of the construction of the public works of the 183
state as required by law, in accordance with Chapter 119. of the 184
Revised Code.185

       (5) Contract with, retain the services of, or designate, and 186
fix the compensation of, such agents, accountants, consultants, 187
advisers, and other independent contractors as may be necessary or 188
desirable to carry out the programs authorized under this chapter, 189
or authorize the executive director to perform such powers and 190
duties.191

       (6) Receive and accept any gifts, grants, donations, and 192
pledges, and receipts therefrom, to be used for the programs 193
authorized under this chapter.194

       (7) Make and enter into all contracts, commitments, and 195
agreements, and execute all instruments, necessary or incidental 196
to the performance of its duties and the execution of its rights 197
and powers under this chapter, or authorize the executive director 198
to perform such powers and duties.199

        (8) Debar a contractor as provided in section 153.02 of the 200
Revised Code.201

       (B) The commission shall appoint, with the advice and consent 202
of the senate, and fix the compensation of an executive director 203
who shall serve at the pleasure of the commission. The executive 204
director shall exercise all powers that the commission possesses, 205
supervise the operations of the commission, and perform such other 206
duties as delegated by the commission. The executive director also 207
shall employ and fix the compensation of such employees as will 208
facilitate the activities and purposes of the commission, who 209
shall serve at the pleasure of the executive director. The 210
employees of the commission are exempt from Chapter 4117. of the 211
Revised Code and are not considered public employees as defined in 212
section 4117.01 of the Revised Code. Any agreement entered into 213
prior to July 1, 2012, between the office of collective bargaining 214
and the exclusive representative for employees of the commission 215
is binding and shall continue to have effect.216

       (C) The attorney general shall serve as the legal 217
representative for the commission and may appoint other counsel as 218
necessary for that purpose in accordance with section 109.07 of 219
the Revised Code.220

       Sec. 126.06.  The total operating fund consists of all funds 221
in the state treasury except the auto registration distribution 222
fund, local motor vehicle license tax fund, development bond 223
retirement fund, facilities establishment fund, gasoline excise 224
tax fund, higher education improvement fund, highway improvement 225
bond retirement fund, highway obligations bond retirement fund, 226
highway capital improvement fund, improvements bond retirement 227
fund, mental health facilities improvement fund, parks and 228
recreation improvement fund, public improvements bond retirement 229
fund, school district income tax fund, state agency facilities 230
improvement fund, state and local government highway distribution 231
fund, state highway safety fund, Vietnam conflict compensation 232
fund, any other fund determined by the director of budget and 233
management to be a bond fund or bond retirement fund, and such 234
portion of the highway operating fund as is determined by the 235
director of budget and management and the director of 236
transportation to be restricted by Section 5a of Article XII, Ohio 237
Constitution.238

       When determining the availability of money in the total 239
operating fund to pay claims chargeable to a fund contained within 240
the total operating fund, the director of budget and management 241
shall use the same procedures and criteria the director employs in 242
determining the availability of money in a fund contained within 243
the total operating fund. The director may establish limits on the 244
negative cash balance of the general revenue fund within the total 245
operating fund, but in no case shall the negative cash balance of 246
the general revenue fund exceed ten per cent of the total revenue 247
of the general revenue fund in the preceding fiscal year.248

       Sec. 126.503.  All state agencies shall control nonessential249
travel expenses by doing all of the following: 250

       (A) Complying with any travel directives issued by the 251
director of budget and management;252

       (B) Using, when possible, the online travel authorization and 253
expense reimbursement process;254

       (C) Conducting meetings, whenever possible and in compliance 255
with section 121.22 of the Revised Code, using conference calls, 256
teleconferences, webinars, or other technology tools; 257

       (D) Using fleet vehicles for official state travel whenever 258
possible; and259

       (E) Following restrictions set by the department of 260
administrative services regarding mileage reimbursement pursuant 261
to section 125.832 of the Revised Code.262

       In addition to the methods of travel expense control listed 263
above, a state agency may use a state-contracted rental vehicle 264
provider for employee vehicle travel exceeding one hundred miles.265

        The director of budget and management shall not reimburse any 266
state agency employee for unauthorized travel expenses.267

       Sec. 127.14.  The controlling board may, at the request of 268
any state agency or the director of budget and management, 269
authorize, with respect to the provisions of any appropriation 270
act:271

       (A) Transfers of all or part of an appropriation within but 272
not between state agencies, except such transfers as the director 273
of budget and management is authorized by law to make, provided 274
that no transfer shall be made by the director for the purpose of 275
effecting new or changed levels of program service not authorized 276
by the general assembly;277

       (B) Transfers of all or part of an appropriation from one 278
fiscal year to another;279

       (C) Transfers of all or part of an appropriation within or 280
between state agencies made necessary by administrative 281
reorganization or by the abolition of an agency or part of an 282
agency;283

       (D) Transfers of all or part of cash balances in excess of 284
needs from any fund of the state to the general revenue fund or to 285
such other fund of the state to which the money would have been 286
credited in the absence of the fund from which the transfers are 287
authorized to be made, except that the controlling board may not 288
authorize such transfers from the accrued leave liability fund, 289
auto registration distribution fund, local motor vehicle license 290
tax fund, budget stabilization fund, development bond retirement 291
fund, facilities establishment fund, gasoline excise tax fund, 292
general revenue fund, higher education improvement fund, highway 293
improvement bond retirement fund, highway obligations bond 294
retirement fund, highway capital improvement fund, highway 295
operating fund, horse racing tax fund, improvements bond 296
retirement fund, public library fund, liquor control fund, local 297
government fund, local transportation improvement program fund, 298
mental health facilities improvement fund, Ohio fairs fund, parks 299
and recreation improvement fund, public improvements bond 300
retirement fund, school district income tax fund, state agency 301
facilities improvement fund, state and local government highway 302
distribution fund, state highway safety fund, state lottery fund, 303
undivided liquor permit fund, Vietnam conflict compensation bond 304
retirement fund, volunteer fire fighters' dependents fund, 305
waterways safety fund, wildlife fund, workers' compensation fund, 306
or any fund not specified in this division that the director of 307
budget and management determines to be a bond fund or bond 308
retirement fund;309

       (E) Transfers of all or part of those appropriations included 310
in the emergency purposes account of the controlling board;311

       (F) Temporary transfers of all or part of an appropriation or 312
other moneys into and between existing funds, or new funds, as may 313
be established by law when needed for capital outlays for which 314
notes or bonds will be issued;315

       (G) Transfer or release of all or part of an appropriation to 316
a state agency requiring controlling board approval of such 317
transfer or release as provided by law;318

       (H) Temporary transfer of funds included in the emergency 319
purposes appropriation of the controlling board. Such temporary 320
transfers may be made subject to conditions specified by the 321
controlling board at the time temporary transfers are authorized. 322
No transfers shall be made under this division for the purpose of 323
effecting new or changed levels of program service not authorized 324
by the general assembly.325

       As used in this section, "request" means an application by a 326
state agency or the director of budget and management seeking some 327
action by the controlling board.328

       When authorizing the transfer of all or part of an 329
appropriation under this section, the controlling board may 330
authorize the transfer to an existing appropriation item and the 331
creation of and transfer to a new appropriation item.332

       Whenever there is a transfer of all or part of funds included 333
in the emergency purposes appropriation by the controlling board, 334
pursuant to division (E) of this section, the state agency or the 335
director of budget and management receiving such transfer shall 336
keep a detailed record of the use of the transferred funds. At the 337
earliest scheduled meeting of the controlling board following the 338
accomplishment of the purposes specified in the request originally 339
seeking the transfer, or following the total expenditure of the 340
transferred funds for the specified purposes, the state agency or 341
the director of budget and management shall submit a report on the 342
expenditure of such funds to the board. The portion of any 343
appropriation so transferred which is not required to accomplish 344
the purposes designated in the original request to the controlling 345
board shall be returned to the proper appropriation of the 346
controlling board at this time.347

       Notwithstanding any provisions of law providing for the 348
deposit of revenues received by a state agency to the credit of a 349
particular fund in the state treasury, whenever there is a 350
temporary transfer of funds included in the emergency purposes 351
appropriation of the controlling board pursuant to division (H) of 352
this section, revenues received by any state agency receiving such 353
a temporary transfer of funds shall, as directed by the 354
controlling board, be transferred back to the emergency purposes 355
appropriation.356

       The board may delegate to the director of budget and 357
management authority to approve transfers among items of 358
appropriation under division (A) of this section.359

       Sec. 153.01. (A) Whenever any building or structure for the 360
use of the state or any institution supported in whole or in part 361
by the state or in or upon the public works of the state that is 362
administered by the Ohio facilities construction commission or by 363
any other state officer or state agency authorized by law to 364
administer a project, including an educational institution listed 365
in section 3345.50 of the Revised Code, is to be erected or 366
constructed, whenever additions, alterations, or structural or 367
other improvements are to be made, or whenever heating, cooling, 368
or ventilating plants or other equipment is to be installed or 369
material supplied therefor, the estimated cost of which amounts to 370
two hundred thousand dollars or more, or the amount determined 371
pursuant to section 153.53 of the Revised Code or more, each 372
officer, board, or other authority upon which devolves the duty of 373
constructing, erecting, altering, or installing the same, referred 374
to in sections 153.01 to 153.60 of the Revised Code as the public 375
authority, shall cause to be made, by an architect or engineer 376
whose contract of employment shall be prepared and approved by the 377
attorney general, the following:378

       (1) Full and accurate plans, suitable for the use of 379
mechanics and other builders in the construction, improvement, 380
addition, alteration, or installation;381

       (2) Details to scale and full-sized, so drawn and represented 382
as to be easily understood;383

       (3) Definite and complete specifications of the work to be 384
performed, together with directions that will enable a competent 385
mechanic or other builder to carry them out and afford bidders all 386
needful information;387

       (4) A full and accurate estimate of each item of expense and 388
the aggregate cost of those items of expense;389

       (5) A life-cycle cost analysis;390

       (6) Further data as may be required by the Ohio facilities 391
construction commission.392

       (B)(1) Division (A) of this section shall not be required 393
with respect to a construction management contract entered into 394
with a construction manager at risk as described in section 9.334 395
of the Revised Code or a design-build contract entered into with a 396
design-build firm as described in section 153.693 of the Revised 397
Code.398

       (2) Nothing in this chapter shall interfere with the power of 399
the director of transportation to prepare plans for, acquire 400
rights-of-way for, construct, or maintain roads, highways, 401
bridges, or any other department of transportation facilities, or 402
to let contracts for those purposes.403

       Sec. 153.65.  As used in sections 153.65 to 153.73 of the 404
Revised Code:405

       (A)(1) "Public authority" means the state, a state 406
institution of higher education as defined in section 3345.011 of 407
the Revised Code, a county, township, municipal corporation, 408
school district, or other political subdivision, or any public 409
agency, authority, board, commission, instrumentality, or special 410
purpose district of the state or of a political subdivision.411

       (2) "Public authority" does not include the Ohio turnpike 412
commissionthe director of transportation when exercising the 413
director's authority to prepare plans for, acquire rights-of-way 414
for, construct, or maintain roads, highways, bridges, or any other 415
department of transportation facilities.416

       (B) "Professional design firm" means any person legally 417
engaged in rendering professional design services.418

       (C) "Professional design services" means services within the 419
scope of practice of an architect or landscape architect 420
registered under Chapter 4703. of the Revised Code or a 421
professional engineer or surveyor registered under Chapter 4733. 422
of the Revised Code.423

       (D) "Qualifications" means all of the following:424

       (1)(a) For a professional design firm, competence to perform 425
the required professional design services as indicated by the 426
technical training, education, and experience of the firm's 427
personnel, especially the technical training, education, and 428
experience of the employees within the firm who would be assigned 429
to perform the services;430

       (b) For a design-build firm, competence to perform the 431
required design-build services as indicated by the technical 432
training, education, and experience of the design-build firm's 433
personnel and key consultants, especially the technical training, 434
education, and experience of the employees and consultants of the 435
design-build firm who would be assigned to perform the services, 436
including the proposed architect or engineer of record.437

       (2) Ability of the firm in terms of its workload and the 438
availability of qualified personnel, equipment, and facilities to 439
perform the required professional design services or design-build 440
services competently and expeditiously;441

       (3) Past performance of the firm as reflected by the 442
evaluations of previous clients with respect to such factors as 443
control of costs, quality of work, and meeting of deadlines;444

       (4) Any other relevant factors as determined by the public 445
authority;446

       (5) With respect to a design-build firm, compliance with 447
sections 4703.182, 4703.332, and 4733.16 of the Revised Code, 448
including the use of a licensed design professional for all design 449
services.450

       (E) "Design-build contract" means a contract between a public 451
authority and another person that obligates the person to provide 452
design-build services.453

       (F) "Design-build firm" means a person capable of providing 454
design-build services.455

       (G) "Design-build services" means services that form an 456
integrated delivery system for which a person is responsible to a 457
public authority for both the design and construction, demolition, 458
alteration, repair, or reconstruction of a public improvement.459

       (H) "Architect or engineer of record" means the architect or 460
engineer that serves as the final signatory on the plans and 461
specifications for the design-build project.462

       (I) "Criteria architect or engineer" means the architect or 463
engineer retained by a public authority to prepare conceptual 464
plans and specifications, to assist the public authority in 465
connection with the establishment of the design criteria for a 466
design-build project, and, if requested by the public authority, 467
to serve as the representative of the public authority and 468
provide, during the design-build project, other design and 469
construction administration services on behalf of the public 470
authority, including but not limited to, confirming that the 471
design prepared by the design-build firm reflects the original 472
design intent established in the design criteria package.473

       (J) "Open book pricing method" means a method in which a 474
design-build firm provides the public authority, at the public 475
authority's request, all books, records, documents, contracts, 476
subcontracts, purchase orders, and other data in its possession 477
pertaining to the bidding, pricing, or performance of a contract 478
for design-build services awarded to the design-build firm.479

       Sec. 164.05.  (A) The director of the Ohio public works 480
commission shall do all of the following:481

       (1) Approve requests for financial assistance from district 482
public works integrating committees and enter into agreements with 483
one or more local subdivisions to provide loans, grants, and local 484
debt support and credit enhancements for a capital improvement 485
project if the director determines that:486

       (a) The project is an eligible project pursuant to this 487
chapter;488

       (b) The financial assistance for the project has been 489
properly approved and requested by the district committee of the 490
district which includes the recipient of the loan or grant;491

       (c) The amount of the financial assistance, when added to all 492
other financial assistance provided during the fiscal year for 493
projects within the district, does not exceed that district's 494
allocation of money from the state capital improvements fund for 495
that fiscal year;496

       (d) The district committee has provided such documentation 497
and other evidence as the director may require that the district 498
committee has satisfied the requirements of section 164.06 or 499
164.14 of the Revised Code;500

       (e) The portion of a district's annual allocation which the 501
director approves in the form of loans and local debt support and 502
credit enhancements for eligible projects is consistent with 503
divisions (E) and (F) of this section.504

       (2) Authorize payments to local subdivisions or their 505
contractors for costs incurred for capital improvement projects 506
which have been approved pursuant to this chapter. All requests 507
for payments shall be submitted to the director on forms and in 508
accordance with procedures specified in rules adopted by the 509
director pursuant to division (A)(4) of this section.510

       (3) Retain the services of or employ financial consultants, 511
engineers, accountants, attorneys, and such other employees as the 512
director determines are necessary to carry out the director's 513
duties under this chapter and fix the compensation for their 514
services;. From among these employees, the director shall appoint 515
a deputy with the necessary qualifications to act as the director 516
when the director is absent or temporarily unable to carry out the 517
duties of office.518

       (4) Adopt rules establishing the procedures for making 519
applications, reviewing, approving, and rejecting projects for 520
which assistance is authorized under this chapter, and any other 521
rules needed to implement the provisions of this chapter. Such 522
rules shall be adopted under Chapter 119. of the Revised Code.523

       (5) Provide information and other assistance to local 524
subdivisions and district public works integrating committees in 525
developing their requests for financial assistance for capital 526
improvements under this chapter and encourage cooperation and 527
coordination of requests and the development of multisubdivision 528
and multidistrict projects in order to maximize the benefits that 529
may be derived by districts from each year's allocation;530

       (6) Require local subdivisions, to the extent practicable, to 531
use Ohio products, materials, services, and labor in connection 532
with any capital improvement project financed in whole or in part 533
under this chapter;534

       (7) Notify the director of budget and management of all 535
approved projects, and supply all information necessary to track 536
approved projects through the state accounting system;537

       (8) Appoint the administrator of the Ohio small government 538
capital improvements commission;539

       (9) Do all other acts, enter into contracts, and execute all 540
instruments necessary or appropriate to carry out this chapter;541

       (10) Develop a standardized methodology for evaluating 542
capital improvement needs which will be used by local subdivisions 543
in preparing the plans required by division (C) of section 164.06 544
of the Revised Code. The director shall develop this methodology 545
not later than July 1, 1991.546

       (11) Establish a program to provide local subdivisions with 547
technical assistance in preparing project applications. The 548
program shall be designed to assist local subdivisions that lack 549
the financial or technical resources to prepare project 550
applications on their own.551

       (B) When the director of the Ohio public works commission 552
decides to conditionally approve or disapprove projects, the 553
director's decisions and the reasons for which they are made shall 554
be made in writing. These written decisions shall be conclusive 555
for the purposes of the validity and enforceability of such 556
determinations.557

       (C) Fees, charges, rates of interest, times of payment of 558
interest and principal, and other terms, conditions, and 559
provisions of and security for financial assistance provided 560
pursuant to the provisions of this chapter shall be such as the 561
director determines to be appropriate. If any payments required by 562
a loan agreement entered into pursuant to this chapter are not 563
paid, the funds which would otherwise be apportioned to the local 564
subdivision from the county undivided local government fund, 565
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may, 566
at the direction of the director of the Ohio public works 567
commission, be reduced by the amount payable. The county treasurer 568
shall, at the direction of the director, pay the amount of such 569
reductions to the state capital improvements revolving loan fund. 570
The director may renegotiate a loan repayment schedule with a 571
local subdivision whose payments from the county undivided local 572
government fund could be reduced pursuant to this division, but 573
such a renegotiation may occur only one time with respect to any 574
particular loan agreement.575

       (D) Grants approved for the repair and replacement of 576
existing infrastructure pursuant to this chapter shall not exceed 577
ninety per cent of the estimated total cost of the capital 578
improvement project. Grants approved for new or expanded 579
infrastructure shall not exceed fifty per cent of the estimated 580
cost of the new or expansion elements of the capital improvement 581
project. A local subdivision share of the estimated cost of a 582
capital improvement may consist of any of the following:583

       (1) The reasonable value, as determined by the director or 584
the administrator, of labor, materials, and equipment that will be 585
contributed by the local subdivision in performing the capital 586
improvement project;587

       (2) Moneys received by the local subdivision in any form from 588
an authority, commission, or agency of the United States for use 589
in performing the capital improvement project;590

       (3) Loans made to the local subdivision under this chapter;591

       (4) Engineering costs incurred by the local subdivision in 592
performing engineering activities related to the project.593

       A local subdivision share of the cost of a capital 594
improvement shall not include any amounts awarded to it from the 595
local transportation improvement program fund created in section 596
164.14 of the Revised Code.597

       (E) The following portion of a district public works 598
integrating committee's annual allocation share pursuant to 599
section 164.08 of the Revised Code may be awarded to subdivisions 600
only in the form of interest-free, low-interest, market rate of 601
interest, or blended-rate loans:602

YEAR IN WHICH PORTION USED FOR 603
MONEYS ARE ALLOCATED LOANS 604
Year 1 0% 605
Year 2 0% 606
Year 3 10% 607
Year 4 12% 608
Year 5 15% 609
Year 6 20% 610
Year 7, 8, 9, and 10 22% 611

       (F) The following portion of a district public works 612
integrating committee's annual allocation pursuant to section 613
164.08 of the Revised Code shall be awarded to subdivisions in the 614
form of local debt supported and credit enhancements:615

PORTIONS USED FOR 616
YEAR IN WHICH LOCAL DEBT SUPPORT 617
MONEYS ARE ALLOCATED AND CREDIT ENHANCEMENTS 618
Year 1 0% 619
Year 2 0% 620
Year 3 3% 621
Year 4 5% 622
Year 5 5% 623
Year 6 7% 624
Year 7 7% 625
Year 8 8% 626
Year 9 8% 627
Year 10 8% 628

       (G) For the period commencing on March 29, 1988, and ending 629
on June 30, 1993, for the period commencing July 1, 1993, and 630
ending June 30, 1999, and for each five-year period thereafter, 631
the total amount of financial assistance awarded under sections 632
164.01 to 164.08 of the Revised Code for capital improvement 633
projects located wholly or partially within a county shall be 634
equal to at least thirty per cent of the amount of what the county 635
would have been allocated from the obligations authorized to be 636
sold under this chapter during each period, if such amounts had 637
been allocable to each county on a per capita basis.638

       (H) The amount of the annual allocations made pursuant to 639
divisions (B)(1) and (5) of section 164.08 of the Revised Code 640
which can be used for new or expanded infrastructure is limited as 641
follows:642

PORTION WHICH MAY 643
YEAR IN WHICH BE USED FOR NEW OR 644
MONEYS ARE ALLOCATED EXPANSION INFRASTRUCTURE 645
Year 1 5% 646
Year 2 5% 647
Year 3 10% 648
Year 4 10% 649
Year 5 10% 650
Year 6 15% 651
Year 7 15% 652
Year 8 20% 653
Year 9 20% 654
Year 10 and each year 655
thereafter 20% 656

       (I) The following portion of a district public works 657
integrating committee's annual allocation share pursuant to 658
section 164.08 of the Revised Code shall be awarded to 659
subdivisions in the form of interest-free, low-interest, market 660
rate of interest, or blended-rate loans, or local debt support and 661
credit enhancements:662

PORTION USED FOR LOANS 663
YEAR IN WHICH OR LOCAL DEBT SUPPORT 664
MONEYS ARE ALLOCATED AND CREDIT ENHANCEMENTS 665
Year 11 and each year 666
thereafter 20% 667

       (J) No project shall be approved under this section unless 668
the project is designed to have a useful life of at least seven 669
years. In addition, the average useful life of all projects for 670
which grants or loans are awarded in each district during a 671
program year shall not be less than twenty years.672

       Sec. 307.05.  As used in this section, "emergency medical 673
service organization" has the same meaning as in section 4765.01 674
of the Revised Code.675

       A board of county commissioners may operate an ambulance 676
service organization or emergency medical service organization, 677
or, in counties with a population of forty thousand or less, may 678
operate a nonemergency patient transport service organization, or 679
may enter into a contract with one or more counties, townships, 680
municipal corporations, nonprofit corporations, joint emergency 681
medical services districts, fire and ambulance districts, or 682
private ambulance owners, regardless of whether such counties, 683
townships, municipal corporations, nonprofit corporations, joint 684
emergency medical services districts, fire and ambulance 685
districts, or private ambulance owners are located within or 686
without the state, in order to furnish or obtain the services of 687
ambulance service organizations, to furnish or obtain additional 688
services from ambulance service organizations in times of 689
emergency, to furnish or obtain the services of emergency medical 690
service organizations, or, in counties with a population of forty 691
thousand or less, to furnish or obtain services of nonemergency 692
patient transport service organizations, or may enter into a 693
contract with any such entity to furnish or obtain the interchange 694
of services from ambulance or emergency medical service 695
organizations, or, within counties with a population of forty 696
thousand or less, to furnish or obtain the interchange of services 697
from nonemergency patient transport service organizations, within 698
the territories of the contracting subdivisions. Except in the 699
case of a contract with a joint emergency medical services 700
district to obtain the services of emergency medical service 701
organizations, such contracts shall not be entered into with a 702
public agency or nonprofit corporation that receives more than 703
half of its operating funds from governmental entities with the 704
intention of directly competing with the operation of other 705
ambulance service organizations, nonemergency patient transport 706
service organizations, or emergency medical service organizations 707
in the county unless the public agency or nonprofit corporation is 708
awarded the contract after submitting the lowest and best bid to 709
the board of county commissioners. Any county wishing to commence 710
operation of a nonemergency patient transport service organization 711
or wishing to enter into a contract for the first time to furnish 712
or obtain services from a nonemergency patient transport service 713
organization on or after March 1, 1993, including a county in 714
which a private provider has been providing the service, shall 715
demonstrate the need for public funding for the service to, and 716
obtain approval from, the state board of emergency medical, fire, 717
and transportation services or its immediate successor board prior 718
to operating or funding the organization.719

       When such an organization is operated by the board, the 720
organization may be administered by the board, by the county 721
sheriff, or by another county officer or employee designated by 722
the board. All rules, including the determining of reasonable 723
rates, necessary for the establishment, operation, and maintenance 724
of such an organization shall be adopted by the board.725

       A contract for services of an ambulance service, nonemergency 726
patient transport service, or emergency medical service 727
organization shall include the terms, conditions, and stipulations 728
as agreed to by the parties to the contract. It may provide for a 729
fixed annual charge to be paid at the times agreed upon and 730
stipulated in the contract, or for compensation based upon a 731
stipulated price for each run, call, or emergency or the number of 732
persons or pieces of apparatus employed, or the elapsed time of 733
service required in such run, call, or emergency, or any 734
combination thereof.735

       Sec. 307.051.  As used in this section, "emergency medical 736
service organization" has the same meaning as in section 4766.01 737
of the Revised Code.738

       A board of county commissioners, by adoption of an 739
appropriate resolution, may choose to have the Ohiostate board of 740
emergency medical, fire, and transportation boardservices license 741
any emergency medical service organization it operates. If a board 742
adopts such a resolution, Chapter 4766. of the Revised Code, 743
except for sections 4766.06 and 4766.99 of the Revised Code, 744
applies to the county emergency medical service organization. All 745
rules adopted under the applicable sections of that chapter also 746
apply to the organization. A board, by adoption of an appropriate 747
resolution, may remove its emergency medical service organization 748
from the jurisdiction of the Ohiostate board of emergency749
medical, fire, and transportation boardservices.750

       Sec. 307.055.  (A) Subject to the terms and conditions of the 751
joint resolution creating it, each joint emergency medical 752
services district may furnish ambulance services and emergency 753
medical services by one of the following methods:754

       (1) By operating an emergency medical service organization as 755
defined in section 4765.01 of the Revised Code;756

       (2) By contracting for the operation of one or more 757
facilities pursuant to division (C) or (D) of this section;758

       (3) By providing necessary services and equipment to the 759
district either directly or under a contract entered into pursuant 760
to division (B) of this section;761

       (4) By providing service through any combination of methods 762
described in divisions (A)(1) to (3) of this section.763

       (B) In order to obtain ambulance service, to obtain 764
additional ambulance service in times of emergency, or to obtain 765
emergency medical services, a joint emergency medical services 766
district may enter into a contract, for a period not to exceed 767
three years, with one or more counties, townships, municipal 768
corporations, joint fire districts, other governmental units that 769
provide ambulance service or emergency medical services, nonprofit 770
corporations, or private ambulance owners, regardless of whether 771
the entities contracted with are located within or outside this 772
state, upon such terms as are agreed to, to furnish or receive 773
ambulance services or the interchange of ambulance services or 774
emergency medical services within the several territories of the 775
contracting subdivisions, if the contract is first authorized by 776
all boards of trustees and legislative authorities in the 777
territories to be served.778

       Such a contract may provide for a fixed annual charge to be 779
paid at the times agreed upon and stipulated in the contract; or 780
for compensation based on a stipulated price for each run, call, 781
or emergency or based on the elapsed time of service required for 782
each run, call, or emergency, or based on any combination of 783
these.784

       Expenditures of a district for ambulance service or emergency 785
medical service, whether pursuant to contract or otherwise, are 786
lawful expenditures, regardless of whether the district or the 787
party with which it contracts charges an additional fee to users 788
of the service.789

       (C) The board of trustees may enter into a contract with any 790
person, municipal corporation, township, or other political 791
subdivision, and any political subdivision may contract with the 792
board, for the operation and maintenance of emergency medical 793
services facilities regardless of whether the facilities used are 794
owned or leased by the district, by another political subdivision, 795
or by the contractor.796

       (D) The district may purchase, lease, and maintain all 797
materials, buildings, land, and equipment, including vehicles, the 798
board considers necessary for the district.799

       When the board finds, by resolution, that the district has 800
personal property that is not needed for public use, or is 801
obsolete or unfit for the use for which it was acquired, the board 802
may dispose of the property in the same manner as provided in 803
section 307.12 of the Revised Code.804

       (E) Except in the case of a contract with a board of county 805
commissioners for the provision of services of an emergency 806
medical service organization, any contract entered into by a joint 807
emergency medical services district shall conform to the same 808
bidding requirements that apply to county contracts under sections 809
307.86 to 307.92 of the Revised Code.810

       (F) A county participating in a joint district may contribute 811
any of its rights or interests in real or personal property, 812
including money, and may contribute services to the district. Any 813
such contributions shall be made by a written agreement between 814
the contributing county and the district, specifying the 815
contribution as well as the rights of the participating counties 816
in the contributed property. Written agreements shall also be 817
prepared specifying the rights of participating counties in 818
property acquired by the district other than by contribution of a 819
participating county. Written agreements required by this division 820
may be amended only by written agreement of all parties to the 821
original agreement.822

       (G) A district's board of trustees, by adoption of an 823
appropriate resolution, may choose to have the Ohiostate board of 824
emergency medical, fire, and transportation boardservices license 825
any emergency medical service organization the district operates. 826
If a board adopts such a resolution, Chapter 4766. of the Revised 827
Code, except for sections 4766.06 and 4766.99 of the Revised Code, 828
applies to the district emergency medical service organization. 829
All rules adopted under the applicable sections of that chapter 830
also apply to the organization. A board, by adoption of an 831
appropriate resolution, may remove the district emergency medical 832
service organization from the jurisdiction of the Ohiostate board 833
of emergency medical, fire, and transportation boardservices.834

       Sec. 505.37.  (A) The board of township trustees may 835
establish all necessary rules to guard against the occurrence of 836
fires and to protect the property and lives of the citizens 837
against damage and accidents, and may, with the approval of the 838
specifications by the prosecuting attorney or, if the township has 839
adopted limited home rule government under Chapter 504. of the 840
Revised Code, with the approval of the specifications by the 841
township's law director, purchase, lease, lease with an option to 842
purchase, or otherwise provide any fire apparatus, mechanical 843
resuscitators, or other equipment, appliances, materials, fire 844
hydrants, and water supply for fire-fighting purposes that seems 845
advisable to the board. The board shall provide for the care and 846
maintenance of fire equipment, and, for these purposes, may 847
purchase, lease, lease with an option to purchase, or construct 848
and maintain necessary buildings, and it may establish and 849
maintain lines of fire-alarm communications within the limits of 850
the township. The board may employ one or more persons to maintain 851
and operate fire-fighting equipment, or it may enter into an 852
agreement with a volunteer fire company for the use and operation 853
of fire-fighting equipment. The board may compensate the members 854
of a volunteer fire company on any basis and in any amount that it 855
considers equitable.856

        When the estimated cost to purchase fire apparatus, 857
mechanical resuscitators, other equipment, appliances, materials, 858
fire hydrants, buildings, or fire-alarm communications equipment 859
or services exceeds fifty thousand dollars, the contract shall be 860
let by competitive bidding. When competitive bidding is required, 861
the board shall advertise once a week for not less than two 862
consecutive weeks in a newspaper of general circulation within the 863
township. The board may also cause notice to be inserted in trade 864
papers or other publications designated by it or to be distributed 865
by electronic means, including posting the notice on the board's 866
internet web site. If the board posts the notice on its web site, 867
it may eliminate the second notice otherwise required to be 868
published in a newspaper of general circulation within the 869
township, provided that the first notice published in such 870
newspaper meets all of the following requirements: 871

       (1) It is published at least two weeks before the opening of 872
bids.873

       (2) It includes a statement that the notice is posted on the 874
board's internet web site.875

       (3) It includes the internet address of the board's internet 876
web site.877

       (4) It includes instructions describing how the notice may be 878
accessed on the board's internet web site.879

       The advertisement shall include the time, date, and place 880
where the clerk of the township, or the clerk's designee, will 881
read bids publicly. The time, date, and place of bid openings may 882
be extended to a later date by the board of township trustees, 883
provided that written or oral notice of the change shall be given 884
to all persons who have received or requested specifications not 885
later than ninety-six hours prior to the original time and date 886
fixed for the opening. The board may reject all the bids or accept 887
the lowest and best bid, provided that the successful bidder meets 888
the requirements of section 153.54 of the Revised Code when the 889
contract is for the construction, demolition, alteration, repair, 890
or reconstruction of an improvement.891

       (B) The boards of township trustees of any two or more 892
townships, or the legislative authorities of any two or more 893
political subdivisions, or any combination of these, may, through 894
joint action, unite in the joint purchase, lease, lease with an 895
option to purchase, maintenance, use, and operation of 896
fire-fighting equipment, or for any other purpose designated in 897
sections 505.37 to 505.42 of the Revised Code, and may prorate the 898
expense of the joint action on any terms that are mutually agreed 899
upon.900

       (C) The board of township trustees of any township may, by 901
resolution, whenever it is expedient and necessary to guard 902
against the occurrence of fires or to protect the property and 903
lives of the citizens against damages resulting from their 904
occurrence, create a fire district of any portions of the township 905
that it considers necessary. The board may purchase, lease, lease 906
with an option to purchase, or otherwise provide any fire 907
apparatus, appliances, materials, fire hydrants, and water supply 908
for fire-fighting purposes, or may contract for the fire 909
protection for the fire district as provided in section 9.60 of 910
the Revised Code. The fire district so created shall be given a 911
separate name by which it shall be known.912

       Additional unincorporated territory of the township may be 913
added to a fire district upon the board's adoption of a resolution 914
authorizing the addition. A municipal corporation that is within 915
or adjoining the township may be added to a fire district upon the 916
board's adoption of a resolution authorizing the addition and the 917
municipal legislative authority's adoption of a resolution or 918
ordinance requesting the addition of the municipal corporation to 919
the fire district.920

       If the township fire district imposes a tax, additional 921
unincorporated territory of the township or a municipal 922
corporation that is within or adjoining the township shall become 923
part of the fire district only after all of the following have 924
occurred:925

       (1) Adoption by the board of township trustees of a 926
resolution approving the expansion of the territorial limits of 927
the district and, if the resolution proposes to add a municipal 928
corporation, adoption by the municipal legislative authority of a 929
resolution or ordinance requesting the addition of the municipal 930
corporation to the district;931

       (2) Adoption by the board of township trustees of a 932
resolution recommending the extension of the tax to the additional 933
territory;934

       (3) Approval of the tax by the electors of the territory 935
proposed for addition to the district.936

       Each resolution of the board adopted under division (C)(2) of 937
this section shall state the name of the fire district, a 938
description of the territory to be added, and the rate and 939
termination date of the tax, which shall be the rate and 940
termination date of the tax currently in effect in the fire 941
district.942

       The board of trustees shall certify each resolution adopted 943
under division (C)(2) of this section to the board of elections in 944
accordance with section 5705.19 of the Revised Code. The election 945
required under division (C)(3) of this section shall be held, 946
canvassed, and certified in the manner provided for the submission 947
of tax levies under section 5705.25 of the Revised Code, except 948
that the question appearing on the ballot shall read:949

       "Shall the territory within ........................ 950
(description of the proposed territory to be added) be added to 951
........................ (name) fire district, and a property tax 952
at a rate of taxation not exceeding ...... (here insert tax rate) 953
be in effect for .......... (here insert the number of years the 954
tax is to be in effect or "a continuing period of time," as 955
applicable)?"956

       If the question is approved by at least a majority of the 957
electors voting on it, the joinder shall be effective as of the 958
first day of July of the year following approval, and on that 959
date, the township fire district tax shall be extended to the 960
taxable property within the territory that has been added. If the 961
territory that has been added is a municipal corporation and if it 962
had adopted a tax levy for fire purposes, the levy is terminated 963
on the effective date of the joinder.964

       Any municipal corporation may withdraw from a township fire 965
district created under division (C) of this section by the 966
adoption by the municipal legislative authority of a resolution or 967
ordinance ordering withdrawal. On the first day of July of the 968
year following the adoption of the resolution or ordinance of 969
withdrawal, the municipal corporation withdrawing ceases to be a 970
part of the district, and the power of the fire district to levy a 971
tax upon taxable property in the withdrawing municipal corporation 972
terminates, except that the fire district shall continue to levy 973
and collect taxes for the payment of indebtedness within the 974
territory of the fire district as it was composed at the time the 975
indebtedness was incurred.976

       Upon the withdrawal of any municipal corporation from a 977
township fire district created under division (C) of this section, 978
the county auditor shall ascertain, apportion, and order a 979
division of the funds on hand, moneys and taxes in the process of 980
collection except for taxes levied for the payment of 981
indebtedness, credits, and real and personal property, either in 982
money or in kind, on the basis of the valuation of the respective 983
tax duplicates of the withdrawing municipal corporation and the 984
remaining territory of the fire district.985

       A board of township trustees may remove unincorporated 986
territory of the township from the fire district upon the adoption 987
of a resolution authorizing the removal. On the first day of July 988
of the year following the adoption of the resolution, the 989
unincorporated township territory described in the resolution 990
ceases to be a part of the district, and the power of the fire 991
district to levy a tax upon taxable property in that territory 992
terminates, except that the fire district shall continue to levy 993
and collect taxes for the payment of indebtedness within the 994
territory of the fire district as it was composed at the time the 995
indebtedness was incurred.996

       (D) The board of township trustees of any township, the board 997
of fire district trustees of a fire district created under section 998
505.371 of the Revised Code, or the legislative authority of any 999
municipal corporation may purchase, lease, or lease with an option 1000
to purchase the necessary fire-fighting equipment, buildings, and 1001
sites for the township, fire district, or municipal corporation 1002
and issue securities for that purpose with maximum maturities as 1003
provided in section 133.20 of the Revised Code. The board of 1004
township trustees, board of fire district trustees, or legislative 1005
authority may also construct any buildings necessary to house 1006
fire-fighting equipment and issue securities for that purpose with 1007
maximum maturities as provided in section 133.20 of the Revised 1008
Code.1009

        The board of township trustees, board of fire district 1010
trustees, or legislative authority may issue the securities of the 1011
township, fire district, or municipal corporation, signed by the 1012
board or designated officer of the municipal corporation and 1013
attested by the signature of the township fiscal officer, fire 1014
district clerk, or municipal clerk, covering any deferred payments 1015
and payable at the times provided, which securities shall bear 1016
interest not to exceed the rate determined as provided in section 1017
9.95 of the Revised Code, and shall not be subject to Chapter 133. 1018
of the Revised Code. The legislation authorizing the issuance of 1019
the securities shall provide for levying and collecting annually 1020
by taxation, amounts sufficient to pay the interest on and 1021
principal of the securities. The securities shall be offered for 1022
sale on the open market or given to the vendor or contractor if no 1023
sale is made.1024

       Section 505.40 of the Revised Code does not apply to any 1025
securities issued, or any lease with an option to purchase entered 1026
into, in accordance with this division.1027

       (E) A board of township trustees of any township or a board 1028
of fire district trustees of a fire district created under section 1029
505.371 of the Revised Code may purchase a policy or policies of 1030
liability insurance for the officers, employees, and appointees of 1031
the fire department, fire district, or joint fire district 1032
governed by the board that includes personal injury liability 1033
coverage as to the civil liability of those officers, employees, 1034
and appointees for false arrest, detention, or imprisonment, 1035
malicious prosecution, libel, slander, defamation or other 1036
violation of the right of privacy, wrongful entry or eviction, or 1037
other invasion of the right of private occupancy, arising out of 1038
the performance of their duties.1039

       When a board of township trustees cannot, by deed of gift or 1040
by purchase and upon terms it considers reasonable, procure land 1041
for a township fire station that is needed in order to respond in 1042
reasonable time to a fire or medical emergency, the board may 1043
appropriate land for that purpose under sections 163.01 to 163.22 1044
of the Revised Code. If it is necessary to acquire additional 1045
adjacent land for enlarging or improving the fire station, the 1046
board may purchase, appropriate, or accept a deed of gift for the 1047
land for these purposes.1048

       (F) As used in this division, "emergency medical service 1049
organization" has the same meaning as in section 4766.01 of the 1050
Revised Code.1051

       A board of township trustees, by adoption of an appropriate 1052
resolution, may choose to have the Ohiostate board of emergency1053
medical, fire, and transportation boardservices license any 1054
emergency medical service organization it operates. If the board 1055
adopts such a resolution, Chapter 4766. of the Revised Code, 1056
except for sections 4766.06 and 4766.99 of the Revised Code, 1057
applies to the organization. All rules adopted under the 1058
applicable sections of that chapter also apply to the 1059
organization. A board of township trustees, by adoption of an 1060
appropriate resolution, may remove its emergency medical service 1061
organization from the jurisdiction of the Ohiostate board of 1062
emergency medical, fire, and transportation boardservices.1063

       Sec. 505.375.  (A)(1)(a) The boards of township trustees of 1064
one or more townships and the legislative authorities of one or 1065
more municipal corporations, or the legislative authorities of two 1066
or more municipal corporations, or the boards of township trustees 1067
of two or more townships, may negotiate an agreement to form a 1068
fire and ambulance district for the delivery of both fire and 1069
ambulance services. The agreement shall be ratified by the 1070
adoption of a joint resolution by a majority of the members of 1071
each board of township trustees involved and a majority of the 1072
members of the legislative authority of each municipal corporation 1073
involved. The joint resolution shall specify a date on which the 1074
fire and ambulance district shall come into being.1075

       (b) If a joint fire district created under section 505.371 of 1076
the Revised Code or a joint ambulance district created under 1077
section 505.71 of the Revised Code is dissolved to facilitate the 1078
creation of a fire and ambulance district under division (A)(1)(a) 1079
of this section, the townships and municipal corporations forming 1080
the fire and ambulance district may transfer to the fire and 1081
ambulance district any of the funds on hand, moneys and taxes in 1082
the process of collection, credits, and real and personal property 1083
apportioned to them under division (D) of section 505.371 of the 1084
Revised Code or section 505.71 of the Revised Code, as applicable, 1085
for use by the fire and ambulance district in accordance with this 1086
section.1087

       (2)(a) The board of trustees of a joint ambulance district 1088
created under section 505.71 of the Revised Code and the board of 1089
fire district trustees of a joint fire district created under 1090
section 505.371 of the Revised Code may negotiate to combine their 1091
two joint districts into a single fire and ambulance district for 1092
the delivery of both fire and ambulance services, if the 1093
geographic area covered by the combining joint districts is 1094
exactly the same. Both boards shall adopt a joint resolution 1095
ratifying the agreement and setting a date on which the fire and 1096
ambulance district shall come into being.1097

       (b) On that date, the joint fire district and the joint 1098
ambulance district shall cease to exist, and the power of each to 1099
levy a tax upon taxable property shall terminate, except that any 1100
levy of a tax for the payment of indebtedness within the territory 1101
of the joint fire or joint ambulance district as it was composed 1102
at the time the indebtedness was incurred shall continue to be 1103
collected by the successor fire and ambulance district if the 1104
indebtedness remains unpaid. All funds and other property of the 1105
joint districts shall become the property of the fire and 1106
ambulance district, unless otherwise provided in the negotiated 1107
agreement. The agreement shall provide for the settlement of all 1108
debts and obligations of the joint districts.1109

       (B)(1) The governing body of a fire and ambulance district 1110
created under division (A)(1) or (2) of this section shall be a 1111
board of trustees of at least three but no more than nine members, 1112
appointed as provided in the agreement creating the district. 1113
Members of the board may be compensated at a rate not to exceed 1114
thirty dollars per meeting for not more than fifteen meetings per 1115
year, and may be reimbursed for all necessary expenses incurred, 1116
as provided in the agreement creating the district.1117

       (2) The board shall employ a clerk and other employees as it 1118
considers best, including a fire chief or fire prevention 1119
officers, and shall fix their compensation. Neither this section 1120
nor any other section of the Revised Code requires, or shall be 1121
construed to require, that the fire chief of a fire and ambulance 1122
district be a resident of the district.1123

       Before entering upon the duties of office, the clerk shall 1124
execute a bond, in the amount and with surety to be approved by 1125
the board, payable to the state, conditioned for the faithful 1126
performance of all of the clerk's official duties. The clerk shall 1127
deposit the bond with the presiding officer of the board, who 1128
shall file a copy of it, certified by the presiding officer, with 1129
the county auditor of the county containing the most territory in 1130
the district.1131

       The board also shall provide for the appointment of a fiscal 1132
officer for the district and may enter into agreements with 1133
volunteer fire companies for the use and operation of 1134
fire-fighting equipment. Volunteer firefighters acting under such 1135
an agreement are subject to the requirements for volunteer 1136
firefighters set forth in division (A) of section 505.38 of the 1137
Revised Code.1138

       (3) Employees of the district shall not be removed from 1139
office except as provided by sections 733.35 to 733.39 of the 1140
Revised Code, except that, to initiate removal proceedings, the 1141
board shall designate a private citizen or, if the employee is 1142
employed as a firefighter, the board may designate the fire chief, 1143
to investigate, conduct the proceedings, and prepare the necessary 1144
charges in conformity with those sections, and except that the 1145
board shall perform the functions and duties specified for the 1146
municipal legislative authority under those sections. The board 1147
may pay reasonable compensation to any private citizen hired for 1148
services rendered in the matter.1149

       (4) No person shall be appointed as a permanent full-time 1150
paid member of the district whose duties include fire fighting, or 1151
be appointed as a volunteer firefighter, unless that person has 1152
received a certificate issued under former section 3303.07 or 1153
section 4765.55 of the Revised Code evidencing satisfactory 1154
completion of a firefighter training program. The board may send 1155
its officers and firefighters to schools of instruction designed 1156
to promote the efficiency of firefighters and, if authorized in 1157
advance, may pay their necessary expenses from the funds used for 1158
the maintenance and operation of the district.1159

       The board may choose, by adoption of an appropriate 1160
resolution, to have the Ohiostate board of emergency medical, 1161
fire, and transportation boardservices license any emergency 1162
medical service organization it operates. If the board adopts such 1163
a resolution, Chapter 4766. of the Revised Code, except for 1164
sections 4766.06 and 4766.99 of the Revised Code, applies to the 1165
organization. All rules adopted under the applicable sections of 1166
that chapter also apply to the organization. The board may remove, 1167
by resolution, its emergency medical service organization from the 1168
jurisdiction of the Ohiostate board of emergency medical, fire, 1169
and transportation boardservices.1170

       (C) The board of trustees of a fire and ambulance district 1171
created under division (A)(1) or (2) of this section may exercise 1172
the following powers:1173

       (1) Purchase or otherwise provide any fire apparatus, 1174
mechanical resuscitators, or other fire or ambulance equipment, 1175
appliances, or materials; fire hydrants; and water supply for 1176
firefighting purposes that seems advisable to the board;1177

       (2) Provide for the care and maintenance of equipment and, 1178
for that purpose, purchase, lease, lease with an option to 1179
purchase, or construct and maintain necessary buildings;1180

       (3) Establish and maintain lines of fire-alarm communications 1181
within the limits of the district;1182

       (4) Appropriate land for a fire station or medical emergency 1183
unit needed in order to respond in reasonable time to a fire or 1184
medical emergency, in accordance with Chapter 163. of the Revised 1185
Code;1186

       (5) Purchase, appropriate, or accept a deed or gift of land 1187
to enlarge or improve a fire station or medical emergency unit;1188

       (6) Purchase, lease, lease with an option to purchase, 1189
maintain, and use all materials, equipment, vehicles, buildings, 1190
and land necessary to perform its duties;1191

       (7) Contract for a period not to exceed three years with one 1192
or more townships, municipal corporations, counties, joint fire 1193
districts, joint ambulance districts, governmental agencies, 1194
nonprofit corporations, or private ambulance owners located either 1195
within or outside the state, to furnish or receive ambulance 1196
services or emergency medical services within the several 1197
territories of the contracting parties, if the contract is first 1198
authorized by all boards of trustees and legislative authorities 1199
concerned;1200

       (8) Establish reasonable charges for the use of ambulance or 1201
emergency medical services under the same conditions under which a 1202
board of fire district trustees may establish those charges under 1203
section 505.371 of the Revised Code;1204

       (9) Establish all necessary rules to guard against the 1205
occurrence of fires and to protect property and lives against 1206
damage and accidents;1207

       (10) Adopt a standard code pertaining to fire, fire hazards, 1208
and fire prevention prepared and promulgated by the state or by a 1209
public or private organization that publishes a model or standard 1210
code;1211

       (11) Provide for charges for false alarms at commercial 1212
establishments in the same manner as joint fire districts are 1213
authorized to do under section 505.391 of the Revised Code;1214

       (12) Issue bonds and other evidences of indebtedness, subject 1215
to Chapter 133. of the Revised Code, but only after approval by a 1216
vote of the electors of the district as provided by section 133.18 1217
of the Revised Code;1218

       (13) To provide the services and equipment it considers 1219
necessary, levy a sufficient tax, subject to Chapter 5705. of the 1220
Revised Code, on all the taxable property in the district.1221

       (D) Any municipal corporation or township may join an 1222
existing fire and ambulance district, whether created under 1223
division (A)(1) or (2) of this section, by its legislative 1224
authority's adoption of a resolution requesting the membership and 1225
upon approval of the board of trustees of the district. Any 1226
municipal corporation or township may withdraw from a district, 1227
whether created under division (A)(1) or (2) of this section, by 1228
its legislative authority's adoption of a resolution ordering 1229
withdrawal. Upon its withdrawal, the municipal corporation or 1230
township ceases to be a part of the district, and the district's 1231
power to levy a tax on taxable property in the withdrawing 1232
township or municipal corporation terminates, except that the 1233
district shall continue to levy and collect taxes for the payment 1234
of indebtedness within the territory of the district as it was 1235
composed at the time the indebtedness was incurred.1236

       Upon the withdrawal of any township or municipal corporation 1237
from a district, the county auditor of the county containing the 1238
most territory in the district shall ascertain, apportion, and 1239
order a division of the funds on hand, including funds in the 1240
ambulance and emergency medical services fund, moneys and taxes in 1241
the process of collection, except for taxes levied for the payment 1242
of indebtedness, credits, and real and personal property on the 1243
basis of the valuation of the respective tax duplicates of the 1244
withdrawing municipal corporation or township and the remaining 1245
territory of the district.1246

       (E) As used in this section:1247

       (1) "Governmental agency" includes all departments, boards, 1248
offices, commissions, agencies, colleges, universities, 1249
institutions, and other instrumentalities of this or another 1250
state.1251

       (2) "Emergency medical service organization" has the same 1252
meaning as in section 4766.01 of the Revised Code.1253

       Sec. 505.44.  As used in this section:1254

       (A) "Emergency medical service organization" has the same 1255
meaning as in section 4765.01 of the Revised Code.1256

       (B) "State agency" means all departments, boards, offices, 1257
commissions, agencies, colleges, universities, institutions, and 1258
other instrumentalities of this or another state.1259

       In order to obtain the services of ambulance service 1260
organizations, to obtain additional services from ambulance 1261
service organizations in times of emergency, to obtain the 1262
services of emergency medical service organizations, or, if the 1263
township is located in a county with a population of forty 1264
thousand or less, to obtain the services of nonemergency patient 1265
transport service organizations, a township may enter into a 1266
contract with one or more state agencies, townships, municipal 1267
corporations, counties, nonprofit corporations, joint emergency 1268
medical services districts, fire and ambulance districts, or 1269
private ambulance owners, regardless of whether such state 1270
agencies, townships, municipal corporations, counties, nonprofit 1271
corporations, joint emergency medical services districts, fire and 1272
ambulance districts, or private ambulance owners are located 1273
within or outside the state, upon such terms as are agreed to by 1274
them, to furnish or receive services from ambulance or emergency 1275
medical service organizations or, if the township is located in a 1276
county with a population of forty thousand or less, to furnish or 1277
receive services from nonemergency patient transport service 1278
organizations, or may enter into a contract for the interchange of 1279
services from ambulance or emergency medical service organizations 1280
or, if the township is located in a county with a population of 1281
forty thousand or less, the interchange of services from 1282
nonemergency patient transport service organizations, within the 1283
several territories of the contracting parties, if the contract is 1284
first authorized by the respective boards of township trustees, 1285
the other legislative bodies, or the officer or body authorized to 1286
contract on behalf of the state agency. Such contracts shall not 1287
be entered into with a state agency or nonprofit corporation that 1288
receives more than half of its operating funds from governmental 1289
entities with the intention of directly competing with the 1290
operation of other ambulance, emergency medical, or nonemergency 1291
patient transport service organizations in the township unless the 1292
state agency or nonprofit corporation is awarded the contract 1293
after submitting the lowest and best bid to the board of township 1294
trustees.1295

       The contract may provide for compensation upon such terms as 1296
the parties may agree.1297

       Any township wishing to commence providing or wishing to 1298
enter into a contract for the first time to furnish or obtain 1299
services from nonemergency patient transport service organizations 1300
on or after March 1, 1993, including a township in which a private 1301
provider has been providing the service, shall demonstrate the 1302
need for public funding for the service to, and obtain approval 1303
from, the state board of emergency medical, fire, and 1304
transportation services or its immediate successor board prior to 1305
the establishment of a township-operated or township-funded 1306
service.1307

       Sec. 505.72.  (A) The board of trustees of a joint ambulance 1308
district shall provide for the employment of such employees as it 1309
considers best, and shall fix their compensation. Such employees 1310
shall continue in office until removed as provided by sections 1311
733.35 to 733.39 of the Revised Code. To initiate removal 1312
proceedings, and for such purpose, the board shall designate a 1313
private citizen to investigate the conduct and prepare the 1314
necessary charges in conformity with sections 733.35 to 733.39 of 1315
the Revised Code. The board may pay reasonable compensation to 1316
such person for the person's services.1317

       In case of the removal of an employee of the district, an 1318
appeal may be had from the decision of the board to the court of 1319
common pleas of the county in which such district, or part of it, 1320
is situated, to determine the sufficiency of the cause of removal. 1321
Such appeal from the findings of the board shall be taken within 1322
ten days.1323

       (B) As used in this division, "emergency medical service 1324
organization" has the same meaning as in section 4765.01 of the 1325
Revised Code.1326

       (1) In order to obtain the services of ambulance service 1327
organizations, to obtain additional services from ambulance 1328
service organizations in times of emergency, or to obtain the 1329
services of emergency medical service organizations, a district 1330
may enter into a contract, for a period not to exceed three years, 1331
with one or more townships, municipal corporations, joint fire 1332
districts, nonprofit corporations, any other governmental unit 1333
that provides ambulance services or emergency medical services, or 1334
with private ambulance owners, regardless of whether such 1335
townships, municipal corporations, joint fire districts, nonprofit 1336
corporations, governmental unit, or private ambulance owners are 1337
located within or without this state, upon such terms as are 1338
agreed to, to furnish or receive services from ambulance or 1339
emergency medical service organizations or the interchange of 1340
services from ambulance or emergency medical service organizations 1341
within the several territories of the contracting subdivisions, if 1342
such contract is first authorized by all boards of trustees and 1343
legislative authorities concerned.1344

       The contract may provide for a fixed annual charge to be paid 1345
at the times agreed upon and stipulated in the contract, or for 1346
compensation based upon a stipulated price for each run, call, or 1347
emergency, or the elapsed time of service required in such run, 1348
call, or emergency, or any combination thereof.1349

       (2) Expenditures of a district for the services of ambulance 1350
service organizations or emergency medical service organizations, 1351
whether pursuant to contract or otherwise, are lawful 1352
expenditures, regardless of whether the district or the party with 1353
which it contracts charges additional fees to users of the 1354
services.1355

       (3) A district's board of trustees, by adoption of an 1356
appropriate resolution, may choose to have the Ohiostate board of 1357
emergency medical, fire, and transportation boardservices license 1358
any emergency medical service organization the district operates. 1359
If a board adopts such a resolution, Chapter 4766. of the Revised 1360
Code, except for sections 4766.06 and 4766.99 of the Revised Code, 1361
applies to the district emergency medical service organization. 1362
All rules adopted under the applicable sections of that chapter 1363
also apply to the organization. A board, by adoption of an 1364
appropriate resolution, may remove the district emergency medical 1365
service organization from the jurisdiction of the Ohiostate board 1366
of emergency medical, fire, and transportation boardservices.1367

       (C) Ambulance services or emergency medical services rendered 1368
for a joint ambulance district under this section and section 1369
505.71 of the Revised Code shall be deemed services of the 1370
district. These sections do not authorize suits against a district 1371
or any township or municipal corporation providing or receiving, 1372
or contracting to provide or receive, such services under these 1373
sections for damages for injury or loss to persons or property or 1374
for wrongful death caused by persons providing such services.1375

       Sec. 718.01.  (A) As used in this chapter:1376

       (1) "Adjusted federal taxable income" means a C corporation's 1377
federal taxable income before net operating losses and special 1378
deductions as determined under the Internal Revenue Code, adjusted 1379
as follows:1380

       (a) Deduct intangible income to the extent included in 1381
federal taxable income. The deduction shall be allowed regardless 1382
of whether the intangible income relates to assets used in a trade 1383
or business or assets held for the production of income.1384

       (b) Add an amount equal to five per cent of intangible income 1385
deducted under division (A)(1)(a) of this section, but excluding 1386
that portion of intangible income directly related to the sale, 1387
exchange, or other disposition of property described in section 1388
1221 of the Internal Revenue Code;1389

       (c) Add any losses allowed as a deduction in the computation 1390
of federal taxable income if the losses directly relate to the 1391
sale, exchange, or other disposition of an asset described in 1392
section 1221 or 1231 of the Internal Revenue Code;1393

       (d)(i) Except as provided in division (A)(1)(d)(ii) of this 1394
section, deduct income and gain included in federal taxable income 1395
to the extent the income and gain directly relate to the sale, 1396
exchange, or other disposition of an asset described in section 1397
1221 or 1231 of the Internal Revenue Code;1398

        (ii) Division (A)(1)(d)(i) of this section does not apply to 1399
the extent the income or gain is income or gain described in 1400
section 1245 or 1250 of the Internal Revenue Code.1401

        (e) Add taxes on or measured by net income allowed as a 1402
deduction in the computation of federal taxable income;1403

        (f) In the case of a real estate investment trust and 1404
regulated investment company, add all amounts with respect to 1405
dividends to, distributions to, or amounts set aside for or 1406
credited to the benefit of investors and allowed as a deduction in 1407
the computation of federal taxable income;1408

        (g) Deduct, to the extent not otherwise deducted or excluded 1409
in computing federal taxable income, any income derived from 1410
providing public services under a contract through a project owned 1411
by the state, as described in section 126.604 of the Revised Code 1412
or derived from a transfer agreement or from the enterprise 1413
transferred under that agreement under section 4313.02 of the 1414
Revised Code.1415

       If the taxpayer is not a C corporation and is not an 1416
individual, the taxpayer shall compute adjusted federal taxable 1417
income as if the taxpayer were a C corporation, except guaranteed 1418
payments and other similar amounts paid or accrued to a partner, 1419
former partner, member, or former member shall not be allowed as a 1420
deductible expense; amounts paid or accrued to a qualified 1421
self-employed retirement plan with respect to an owner or 1422
owner-employee of the taxpayer, amounts paid or accrued to or for 1423
health insurance for an owner or owner-employee, and amounts paid 1424
or accrued to or for life insurance for an owner or owner-employee 1425
shall not be allowed as a deduction.1426

        Nothing in division (A)(1) of this section shall be construed 1427
as allowing the taxpayer to add or deduct any amount more than 1428
once or shall be construed as allowing any taxpayer to deduct any 1429
amount paid to or accrued for purposes of federal self-employment 1430
tax.1431

        Nothing in this chapter shall be construed as limiting or 1432
removing the ability of any municipal corporation to administer, 1433
audit, and enforce the provisions of its municipal income tax.1434

       (2) "Internal Revenue Code" means the Internal Revenue Code 1435
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.1436

       (3) "Schedule C" means internal revenue service schedule C 1437
filed by a taxpayer pursuant to the Internal Revenue Code.1438

       (4) "Form 2106" means internal revenue service form 2106 1439
filed by a taxpayer pursuant to the Internal Revenue Code.1440

       (5) "Intangible income" means income of any of the following 1441
types: income yield, interest, capital gains, dividends, or other 1442
income arising from the ownership, sale, exchange, or other 1443
disposition of intangible property including, but not limited to, 1444
investments, deposits, money, or credits as those terms are 1445
defined in Chapter 5701. of the Revised Code, and patents, 1446
copyrights, trademarks, tradenames, investments in real estate 1447
investment trusts, investments in regulated investment companies, 1448
and appreciation on deferred compensation. "Intangible income" 1449
does not include prizes, awards, or other income associated with 1450
any lottery winnings or other similar games of chance.1451

       (6) "S corporation" means a corporation that has made an 1452
election under subchapter S of Chapter 1 of Subtitle A of the 1453
Internal Revenue Code for its taxable year.1454

       (7) For taxable years beginning on or after January 1, 2004, 1455
"net profit" for a taxpayer other than an individual means 1456
adjusted federal taxable income and "net profit" for a taxpayer 1457
who is an individual means the individual's profit required to be 1458
reported on schedule C, schedule E, or schedule F, other than any 1459
amount allowed as a deduction under division (E)(2) or (3) of this 1460
section or amounts described in division (H) of this section.1461

       (8) "Taxpayer" means a person subject to a tax on income 1462
levied by a municipal corporation. Except as provided in division 1463
(L) of this section, "taxpayer" does not include any person that 1464
is a disregarded entity or a qualifying subchapter S subsidiary 1465
for federal income tax purposes, but "taxpayer" includes any other 1466
person who owns the disregarded entity or qualifying subchapter S 1467
subsidiary.1468

       (9) "Taxable year" means the corresponding tax reporting 1469
period as prescribed for the taxpayer under the Internal Revenue 1470
Code.1471

       (10) "Tax administrator" means the individual charged with 1472
direct responsibility for administration of a tax on income levied 1473
by a municipal corporation and includes:1474

        (a) The central collection agency and the regional income tax 1475
agency and their successors in interest, and other entities 1476
organized to perform functions similar to those performed by the 1477
central collection agency and the regional income tax agency;1478

        (b) A municipal corporation acting as the agent of another 1479
municipal corporation; and1480

        (c) Persons retained by a municipal corporation to administer 1481
a tax levied by the municipal corporation, but only if the 1482
municipal corporation does not compensate the person in whole or 1483
in part on a contingency basis.1484

        (11) "Person" includes individuals, firms, companies, 1485
business trusts, estates, trusts, partnerships, limited liability 1486
companies, associations, corporations, governmental entities, and 1487
any other entity.1488

        (12) "Schedule E" means internal revenue service schedule E 1489
filed by a taxpayer pursuant to the Internal Revenue Code.1490

        (13) "Schedule F" means internal revenue service schedule F 1491
filed by a taxpayer pursuant to the Internal Revenue Code.1492

       (B) No municipal corporation shall tax income at other than a 1493
uniform rate.1494

       (C) No municipal corporation shall levy a tax on income at a 1495
rate in excess of one per cent without having obtained the 1496
approval of the excess by a majority of the electors of the 1497
municipality voting on the question at a general, primary, or 1498
special election. The legislative authority of the municipal 1499
corporation shall file with the board of elections at least ninety 1500
days before the day of the election a copy of the ordinance 1501
together with a resolution specifying the date the election is to 1502
be held and directing the board of elections to conduct the 1503
election. The ballot shall be in the following form: "Shall the 1504
Ordinance providing for a ... per cent levy on income for (Brief 1505
description of the purpose of the proposed levy) be passed?1506

        1507

 FOR THE INCOME TAX 1508
 AGAINST THE INCOME TAX  " 1509

        1510

       In the event of an affirmative vote, the proceeds of the levy 1511
may be used only for the specified purpose.1512

       (D)(1) Except as otherwise provided in this section, no 1513
municipal corporation shall exempt from a tax on income 1514
compensation for personal services of individuals over eighteen 1515
years of age or the net profit from a business or profession.1516

       (2)(a) For taxable years beginning on or after January 1, 1517
2004, no municipal corporation shall tax the net profit from a 1518
business or profession using any base other than the taxpayer's 1519
adjusted federal taxable income.1520

       (b) Division (D)(2)(a) of this section does not apply to any 1521
taxpayer required to file a return under section 5745.03 of the 1522
Revised Code or to the net profit from a sole proprietorship.1523

       (E)(1) The legislative authority of a municipal corporation 1524
may, by ordinance or resolution, exempt from withholding and from 1525
a tax on income the following:1526

       (a) Compensation arising from the sale, exchange, or other 1527
disposition of a stock option, the exercise of a stock option, or 1528
the sale, exchange, or other disposition of stock purchased under 1529
a stock option; or1530

       (b) Compensation attributable to a nonqualified deferred 1531
compensation plan or program described in section 3121(v)(2)(C) of 1532
the Internal Revenue Code.1533

       (2) The legislative authority of a municipal corporation may 1534
adopt an ordinance or resolution that allows a taxpayer who is an 1535
individual to deduct, in computing the taxpayer's municipal income 1536
tax liability, an amount equal to the aggregate amount the 1537
taxpayer paid in cash during the taxable year to a health savings 1538
account of the taxpayer, to the extent the taxpayer is entitled to 1539
deduct that amount on internal revenue service form 1040.1540

       (3) The legislative authority of a municipal corporation may 1541
adopt an ordinance or resolution that allows a taxpayer who has a 1542
net profit from a business or profession that is operated as a 1543
sole proprietorship to deduct from that net profit the amount that 1544
the taxpayer paid during the taxable year for medical care 1545
insurance premiums for the taxpayer, the taxpayer's spouse, and 1546
dependents as defined in section 5747.01 of the Revised Code. The 1547
deduction shall be allowed to the same extent the taxpayer is 1548
entitled to deduct the premiums on internal revenue service form 1549
1040. The deduction allowed under this division shall be net of 1550
any related premium refunds, related premium reimbursements, or 1551
related insurance premium dividends received by the taxpayer 1552
during the taxable year.1553

       (F) If an individual's taxable income includes income against 1554
which the taxpayer has taken a deduction for federal income tax 1555
purposes as reportable on the taxpayer's form 2106, and against 1556
which a like deduction has not been allowed by the municipal 1557
corporation, the municipal corporation shall deduct from the 1558
taxpayer's taxable income an amount equal to the deduction shown 1559
on such form allowable against such income, to the extent not 1560
otherwise so allowed as a deduction by the municipal corporation.1561

       (G)(1) In the case of a taxpayer who has a net profit from a 1562
business or profession that is operated as a sole proprietorship, 1563
no municipal corporation may tax or use as the base for 1564
determining the amount of the net profit that shall be considered 1565
as having a taxable situs in the municipal corporation, an amount 1566
other than the net profit required to be reported by the taxpayer 1567
on schedule C or F from such sole proprietorship for the taxable 1568
year.1569

        (2) In the case of a taxpayer who has a net profit from 1570
rental activity required to be reported on schedule E, no 1571
municipal corporation may tax or use as the base for determining 1572
the amount of the net profit that shall be considered as having a 1573
taxable situs in the municipal corporation, an amount other than 1574
the net profit from rental activities required to be reported by 1575
the taxpayer on schedule E for the taxable year.1576

       (H) A municipal corporation shall not tax any of the 1577
following:1578

       (1) The military pay or allowances of members of the armed 1579
forces of the United States and of members of their reserve 1580
components, including the Ohio national guard;1581

       (2) The income of religious, fraternal, charitable, 1582
scientific, literary, or educational institutions to the extent 1583
that such income is derived from tax-exempt real estate, 1584
tax-exempt tangible or intangible property, or tax-exempt 1585
activities;1586

       (3) Except as otherwise provided in division (I) of this 1587
section, intangible income;1588

       (4) Compensation paid under section 3501.28 or 3501.36 of the 1589
Revised Code to a person serving as a precinct election official, 1590
to the extent that such compensation does not exceed one thousand 1591
dollars annually. Such compensation in excess of one thousand 1592
dollars may be subjected to taxation by a municipal corporation. A 1593
municipal corporation shall not require the payer of such 1594
compensation to withhold any tax from that compensation.1595

       (5) Compensation paid to an employee of a transit authority, 1596
regional transit authority, or regional transit commission created 1597
under Chapter 306. of the Revised Code for operating a transit bus 1598
or other motor vehicle for the authority or commission in or 1599
through the municipal corporation, unless the bus or vehicle is 1600
operated on a regularly scheduled route, the operator is subject 1601
to such a tax by reason of residence or domicile in the municipal 1602
corporation, or the headquarters of the authority or commission is 1603
located within the municipal corporation;1604

       (6) The income of a public utility, when that public utility 1605
is subject to the tax levied under section 5727.24 or 5727.30 of 1606
the Revised Code, except a municipal corporation may tax the 1607
following, subject to Chapter 5745. of the Revised Code:1608

       (a) Beginning January 1, 2002, the income of an electric 1609
company or combined company;1610

        (b) Beginning January 1, 2004, the income of a telephone 1611
company.1612

       As used in division (H)(6) of this section, "combined 1613
company," "electric company," and "telephone company" have the 1614
same meanings as in section 5727.01 of the Revised Code.1615

       (7) On and after January 1, 2003, items excluded from federal 1616
gross income pursuant to section 107 of the Internal Revenue Code;1617

       (8) On and after January 1, 2001, compensation paid to a 1618
nonresident individual to the extent prohibited under section 1619
718.011 of the Revised Code;1620

       (9)(a) Except as provided in divisiondivisions (H)(9)(b) and 1621
(c) of this section, an S corporation shareholder's distributive 1622
share of net profits of the S corporation, other than any part of 1623
the distributive share of net profits that represents wages as 1624
defined in section 3121(a) of the Internal Revenue Code or net 1625
earnings from self-employment as defined in section 1402(a) of the 1626
Internal Revenue Code.1627

       (b) If, pursuant to division (H) of former section 718.01 of 1628
the Revised Code as it existed before March 11, 2004, a majority 1629
of the electors of a municipal corporation voted in favor of the 1630
question at an election held on November 4, 2003, the municipal 1631
corporation may continue after 2002 to tax an S corporation 1632
shareholder's distributive share of net profits of an S 1633
corporation.1634

        (c) If, on December 6, 2002, a municipal corporation was 1635
imposing, assessing, and collecting a tax on an S corporation 1636
shareholder's distributive share of net profits of the S 1637
corporation to the extent the distributive share would be 1638
allocated or apportioned to this state under divisions (B)(1) and 1639
(2) of section 5733.05 of the Revised Code if the S corporation 1640
were a corporation subject to taxes imposed under Chapter 5733. of 1641
the Revised Code, the municipal corporation may continue to impose 1642
the tax on such distributive shares to the extent such shares 1643
would be so allocated or apportioned to this state only until 1644
December 31, 2004, unless a majority of the electors of the 1645
municipal corporation voting on the question of continuing to tax 1646
such shares after that date vote in favor of that question at an 1647
election held November 2, 2004. If a majority of those electors 1648
vote in favor of the question, the municipal corporation may 1649
continue after December 31, 2004, to impose the tax on such 1650
distributive shares only to the extent such shares would be so 1651
allocated or apportioned to this state.1652

       (d) For the purposes of division (D) of section 718.14 of the 1653
Revised Code, a municipal corporation shall be deemed to have 1654
elected to tax S corporation shareholders' distributive shares of 1655
net profits of the S corporation in the hands of the shareholders 1656
if a majority of the electors of a municipal corporation vote in 1657
favor of a question at an election held under division (H)(9)(b) 1658
or (c) of this section. The municipal corporation shall specify by 1659
ordinance or rule that the tax applies to the distributive share 1660
of a shareholder of an S corporation in the hands of the 1661
shareholder of the S corporation.1662

       (10) Employee compensation that is not "qualifying wages" as 1663
defined in section 718.03 of the Revised Code;1664

        (11) Beginning August 1, 2007, compensation paid to a person 1665
employed within the boundaries of a United States air force base 1666
under the jurisdiction of the United States air force that is used 1667
for the housing of members of the United States air force and is a 1668
center for air force operations, unless the person is subject to 1669
taxation because of residence or domicile. If the compensation is 1670
subject to taxation because of residence or domicile, municipal 1671
income tax shall be payable only to the municipal corporation of 1672
residence or domicile.1673

       (12) Compensation paid to a person for personal services 1674
performed for a political subdivision on property owned by the 1675
political subdivision, regardless of whether the compensation is 1676
received by an employee of the subdivision or another person 1677
performing services for the subdivision under a contract with the 1678
subdivision, if the property on which services are performed is 1679
annexed to a municipal corporation pursuant to section 709.023 of 1680
the Revised Code on or after the effective date of the amendment 1681
of this sectionMarch 27, 2013, unless the person is subject to 1682
such taxation because of residence or domicile. If the 1683
compensation is subject to taxation because of residence or 1684
domicile, municipal income tax shall be payable only to the 1685
municipal corporation of residence or domicile.1686

       (I) Any municipal corporation that taxes any type of 1687
intangible income on March 29, 1988, pursuant to Section 3 of 1688
Amended Substitute Senate Bill No. 238 of the 116th general 1689
assembly, may continue to tax that type of income after 1988 if a 1690
majority of the electors of the municipal corporation voting on 1691
the question of whether to permit the taxation of that type of 1692
intangible income after 1988 vote in favor thereof at an election 1693
held on November 8, 1988.1694

       (J) Nothing in this section or section 718.02 of the Revised 1695
Code shall authorize the levy of any tax on income that a 1696
municipal corporation is not authorized to levy under existing 1697
laws or shall require a municipal corporation to allow a deduction 1698
from taxable income for losses incurred from a sole proprietorship 1699
or partnership.1700

       (K)(1) Nothing in this chapter prohibits a municipal 1701
corporation from allowing, by resolution or ordinance, a net 1702
operating loss carryforward.1703

        (2) Nothing in this chapter requires a municipal corporation 1704
to allow a net operating loss carryforward.1705

       (L)(1) A single member limited liability company that is a 1706
disregarded entity for federal tax purposes may elect to be a 1707
separate taxpayer from its single member in all Ohio municipal 1708
corporations in which it either filed as a separate taxpayer or 1709
did not file for its taxable year ending in 2003, if all of the 1710
following conditions are met:1711

       (a) The limited liability company's single member is also a 1712
limited liability company;1713

       (b) The limited liability company and its single member were 1714
formed and doing business in one or more Ohio municipal 1715
corporations for at least five years before January 1, 2004;1716

       (c) Not later than December 31, 2004, the limited liability 1717
company and its single member each make an election to be treated 1718
as a separate taxpayer under division (L) of this section;1719

       (d) The limited liability company was not formed for the 1720
purpose of evading or reducing Ohio municipal corporation income 1721
tax liability of the limited liability company or its single 1722
member;1723

       (e) The Ohio municipal corporation that is the primary place 1724
of business of the sole member of the limited liability company 1725
consents to the election.1726

       (2) For purposes of division (L)(1)(e) of this section, a 1727
municipal corporation is the primary place of business of a 1728
limited liability company if, for the limited liability company's 1729
taxable year ending in 2003, its income tax liability is greater 1730
in that municipal corporation than in any other municipal 1731
corporation in Ohio, and that tax liability to that municipal 1732
corporation for its taxable year ending in 2003 is at least four 1733
hundred thousand dollars.1734

       Sec. 2913.01.  As used in this chapter, unless the context 1735
requires that a term be given a different meaning:1736

       (A) "Deception" means knowingly deceiving another or causing 1737
another to be deceived by any false or misleading representation, 1738
by withholding information, by preventing another from acquiring 1739
information, or by any other conduct, act, or omission that 1740
creates, confirms, or perpetuates a false impression in another, 1741
including a false impression as to law, value, state of mind, or 1742
other objective or subjective fact.1743

       (B) "Defraud" means to knowingly obtain, by deception, some 1744
benefit for oneself or another, or to knowingly cause, by 1745
deception, some detriment to another.1746

       (C) "Deprive" means to do any of the following:1747

       (1) Withhold property of another permanently, or for a period 1748
that appropriates a substantial portion of its value or use, or 1749
with purpose to restore it only upon payment of a reward or other 1750
consideration;1751

       (2) Dispose of property so as to make it unlikely that the 1752
owner will recover it;1753

       (3) Accept, use, or appropriate money, property, or services, 1754
with purpose not to give proper consideration in return for the 1755
money, property, or services, and without reasonable justification 1756
or excuse for not giving proper consideration.1757

       (D) "Owner" means, unless the context requires a different 1758
meaning, any person, other than the actor, who is the owner of, 1759
who has possession or control of, or who has any license or 1760
interest in property or services, even though the ownership, 1761
possession, control, license, or interest is unlawful.1762

       (E) "Services" include labor, personal services, professional 1763
services, rental services, public utility services including 1764
wireless service as defined in division (F)(1) of section 5507.01 1765
of the Revised Code, common carrier services, and food, drink, 1766
transportation, entertainment, and cable television services and, 1767
for purposes of section 2913.04 of the Revised Code, include cable 1768
services as defined in that section.1769

       (F) "Writing" means any computer software, document, letter, 1770
memorandum, note, paper, plate, data, film, or other thing having 1771
in or upon it any written, typewritten, or printed matter, and any 1772
token, stamp, seal, credit card, badge, trademark, label, or other 1773
symbol of value, right, privilege, license, or identification.1774

       (G) "Forge" means to fabricate or create, in whole or in part 1775
and by any means, any spurious writing, or to make, execute, 1776
alter, complete, reproduce, or otherwise purport to authenticate 1777
any writing, when the writing in fact is not authenticated by that 1778
conduct.1779

       (H) "Utter" means to issue, publish, transfer, use, put or 1780
send into circulation, deliver, or display.1781

       (I) "Coin machine" means any mechanical or electronic device 1782
designed to do both of the following:1783

       (1) Receive a coin, bill, or token made for that purpose;1784

       (2) In return for the insertion or deposit of a coin, bill, 1785
or token, automatically dispense property, provide a service, or 1786
grant a license.1787

       (J) "Slug" means an object that, by virtue of its size, 1788
shape, composition, or other quality, is capable of being inserted 1789
or deposited in a coin machine as an improper substitute for a 1790
genuine coin, bill, or token made for that purpose.1791

       (K) "Theft offense" means any of the following:1792

       (1) A violation of section 2911.01, 2911.02, 2911.11, 1793
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 1794
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 1795
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 1796
2913.47, 2913.48, former section 2913.47 or 2913.48, or section 1797
2913.51, 2915.05, or 2921.41, or division (B)(2) of section 1798
4737.04 of the Revised Code;1799

       (2) A violation of an existing or former municipal ordinance 1800
or law of this or any other state, or of the United States, 1801
substantially equivalent to any section listed in division (K)(1) 1802
of this section or a violation of section 2913.41, 2913.81, or 1803
2915.06 of the Revised Code as it existed prior to July 1, 1996;1804

       (3) An offense under an existing or former municipal 1805
ordinance or law of this or any other state, or of the United 1806
States, involving robbery, burglary, breaking and entering, theft, 1807
embezzlement, wrongful conversion, forgery, counterfeiting, 1808
deceit, or fraud;1809

       (4) A conspiracy or attempt to commit, or complicity in 1810
committing, any offense under division (K)(1), (2), or (3) of this 1811
section.1812

       (L) "Computer services" includes, but is not limited to, the 1813
use of a computer system, computer network, computer program, data 1814
that is prepared for computer use, or data that is contained 1815
within a computer system or computer network.1816

       (M) "Computer" means an electronic device that performs 1817
logical, arithmetic, and memory functions by the manipulation of 1818
electronic or magnetic impulses. "Computer" includes, but is not 1819
limited to, all input, output, processing, storage, computer 1820
program, or communication facilities that are connected, or 1821
related, in a computer system or network to an electronic device 1822
of that nature.1823

       (N) "Computer system" means a computer and related devices, 1824
whether connected or unconnected, including, but not limited to, 1825
data input, output, and storage devices, data communications 1826
links, and computer programs and data that make the system capable 1827
of performing specified special purpose data processing tasks.1828

       (O) "Computer network" means a set of related and remotely 1829
connected computers and communication facilities that includes 1830
more than one computer system that has the capability to transmit 1831
among the connected computers and communication facilities through 1832
the use of computer facilities.1833

       (P) "Computer program" means an ordered set of data 1834
representing coded instructions or statements that, when executed 1835
by a computer, cause the computer to process data.1836

       (Q) "Computer software" means computer programs, procedures, 1837
and other documentation associated with the operation of a 1838
computer system.1839

       (R) "Data" means a representation of information, knowledge, 1840
facts, concepts, or instructions that are being or have been 1841
prepared in a formalized manner and that are intended for use in a 1842
computer, computer system, or computer network. For purposes of 1843
section 2913.47 of the Revised Code, "data" has the additional 1844
meaning set forth in division (A) of that section.1845

       (S) "Cable television service" means any services provided by 1846
or through the facilities of any cable television system or other 1847
similar closed circuit coaxial cable communications system, or any 1848
microwave or similar transmission service used in connection with 1849
any cable television system or other similar closed circuit 1850
coaxial cable communications system.1851

       (T) "Gain access" means to approach, instruct, communicate 1852
with, store data in, retrieve data from, or otherwise make use of 1853
any resources of a computer, computer system, or computer network, 1854
or any cable service or cable system both as defined in section 1855
2913.04 of the Revised Code.1856

       (U) "Credit card" includes, but is not limited to, a card, 1857
code, device, or other means of access to a customer's account for 1858
the purpose of obtaining money, property, labor, or services on 1859
credit, or for initiating an electronic fund transfer at a 1860
point-of-sale terminal, an automated teller machine, or a cash 1861
dispensing machine. It also includes a county procurement card 1862
issued under section 301.29 of the Revised Code.1863

       (V) "Electronic fund transfer" has the same meaning as in 92 1864
Stat. 3728, 15 U.S.C.A. 1693a, as amended.1865

       (W) "Rented property" means personal property in which the 1866
right of possession and use of the property is for a short and 1867
possibly indeterminate term in return for consideration; the 1868
rentee generally controls the duration of possession of the 1869
property, within any applicable minimum or maximum term; and the 1870
amount of consideration generally is determined by the duration of 1871
possession of the property.1872

       (X) "Telecommunication" means the origination, emission, 1873
dissemination, transmission, or reception of data, images, 1874
signals, sounds, or other intelligence or equivalence of 1875
intelligence of any nature over any communications system by any 1876
method, including, but not limited to, a fiber optic, electronic, 1877
magnetic, optical, digital, or analog method.1878

       (Y) "Telecommunications device" means any instrument, 1879
equipment, machine, or other device that facilitates 1880
telecommunication, including, but not limited to, a computer, 1881
computer network, computer chip, computer circuit, scanner, 1882
telephone, cellular telephone, pager, personal communications 1883
device, transponder, receiver, radio, modem, or device that 1884
enables the use of a modem.1885

       (Z) "Telecommunications service" means the providing, 1886
allowing, facilitating, or generating of any form of 1887
telecommunication through the use of a telecommunications device 1888
over a telecommunications system.1889

       (AA) "Counterfeit telecommunications device" means a 1890
telecommunications device that, alone or with another 1891
telecommunications device, has been altered, constructed, 1892
manufactured, or programmed to acquire, intercept, receive, or 1893
otherwise facilitate the use of a telecommunications service or 1894
information service without the authority or consent of the 1895
provider of the telecommunications service or information service. 1896
"Counterfeit telecommunications device" includes, but is not 1897
limited to, a clone telephone, clone microchip, tumbler telephone, 1898
or tumbler microchip; a wireless scanning device capable of 1899
acquiring, intercepting, receiving, or otherwise facilitating the 1900
use of telecommunications service or information service without 1901
immediate detection; or a device, equipment, hardware, or software 1902
designed for, or capable of, altering or changing the electronic 1903
serial number in a wireless telephone.1904

       (BB)(1) "Information service" means, subject to division 1905
(BB)(2) of this section, the offering of a capability for 1906
generating, acquiring, storing, transforming, processing, 1907
retrieving, utilizing, or making available information via 1908
telecommunications, including, but not limited to, electronic 1909
publishing.1910

       (2) "Information service" does not include any use of a 1911
capability of a type described in division (BB)(1) of this section 1912
for the management, control, or operation of a telecommunications 1913
system or the management of a telecommunications service.1914

       (CC) "Elderly person" means a person who is sixty-five years 1915
of age or older.1916

       (DD) "Disabled adult" means a person who is eighteen years of 1917
age or older and has some impairment of body or mind that makes 1918
the person unable to work at any substantially remunerative 1919
employment that the person otherwise would be able to perform and 1920
that will, with reasonable probability, continue for a period of 1921
at least twelve months without any present indication of recovery 1922
from the impairment, or who is eighteen years of age or older and 1923
has been certified as permanently and totally disabled by an 1924
agency of this state or the United States that has the function of 1925
so classifying persons.1926

       (EE) "Firearm" and "dangerous ordnance" have the same 1927
meanings as in section 2923.11 of the Revised Code.1928

       (FF) "Motor vehicle" has the same meaning as in section 1929
4501.01 of the Revised Code.1930

       (GG) "Dangerous drug" has the same meaning as in section 1931
4729.01 of the Revised Code.1932

       (HH) "Drug abuse offense" has the same meaning as in section 1933
2925.01 of the Revised Code.1934

       (II)(1) "Computer hacking" means any of the following:1935

       (a) Gaining access or attempting to gain access to all or 1936
part of a computer, computer system, or a computer network without 1937
express or implied authorization with the intent to defraud or 1938
with intent to commit a crime;1939

       (b) Misusing computer or network services including, but not 1940
limited to, mail transfer programs, file transfer programs, proxy 1941
servers, and web servers by performing functions not authorized by 1942
the owner of the computer, computer system, or computer network or 1943
other person authorized to give consent. As used in this division, 1944
"misuse of computer and network services" includes, but is not 1945
limited to, the unauthorized use of any of the following:1946

       (i) Mail transfer programs to send mail to persons other than 1947
the authorized users of that computer or computer network;1948

       (ii) File transfer program proxy services or proxy servers to 1949
access other computers, computer systems, or computer networks;1950

       (iii) Web servers to redirect users to other web pages or web 1951
servers.1952

       (c)(i) Subject to division (II)(1)(c)(ii) of this section, 1953
using a group of computer programs commonly known as "port 1954
scanners" or "probes" to intentionally access any computer, 1955
computer system, or computer network without the permission of the 1956
owner of the computer, computer system, or computer network or 1957
other person authorized to give consent. The group of computer 1958
programs referred to in this division includes, but is not limited 1959
to, those computer programs that use a computer network to access 1960
a computer, computer system, or another computer network to 1961
determine any of the following: the presence or types of computers 1962
or computer systems on a network; the computer network's 1963
facilities and capabilities; the availability of computer or 1964
network services; the presence or versions of computer software 1965
including, but not limited to, operating systems, computer 1966
services, or computer contaminants; the presence of a known 1967
computer software deficiency that can be used to gain unauthorized 1968
access to a computer, computer system, or computer network; or any 1969
other information about a computer, computer system, or computer 1970
network not necessary for the normal and lawful operation of the 1971
computer initiating the access.1972

       (ii) The group of computer programs referred to in division 1973
(II)(1)(c)(i) of this section does not include standard computer 1974
software used for the normal operation, administration, 1975
management, and test of a computer, computer system, or computer 1976
network including, but not limited to, domain name services, mail 1977
transfer services, and other operating system services, computer 1978
programs commonly called "ping," "tcpdump," and "traceroute" and 1979
other network monitoring and management computer software, and 1980
computer programs commonly known as "nslookup" and "whois" and 1981
other systems administration computer software.1982

       (d) The intentional use of a computer, computer system, or a 1983
computer network in a manner that exceeds any right or permission 1984
granted by the owner of the computer, computer system, or computer 1985
network or other person authorized to give consent.1986

       (2) "Computer hacking" does not include the introduction of a 1987
computer contaminant, as defined in section 2909.01 of the Revised 1988
Code, into a computer, computer system, computer program, or 1989
computer network.1990

       (JJ) "Police dog or horse" has the same meaning as in section 1991
2921.321 of the Revised Code.1992

       (KK) "Anhydrous ammonia" is a compound formed by the 1993
combination of two gaseous elements, nitrogen and hydrogen, in the 1994
manner described in this division. Anhydrous ammonia is one part 1995
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by 1996
weight is fourteen parts nitrogen to three parts hydrogen, which 1997
is approximately eighty-two per cent nitrogen to eighteen per cent 1998
hydrogen.1999

       (LL) "Assistance dog" has the same meaning as in section 2000
955.011 of the Revised Code.2001

       (MM) "Federally licensed firearms dealer" has the same 2002
meaning as in section 5502.63 of the Revised Code.2003

       Sec. 2913.02.  (A) No person, with purpose to deprive the 2004
owner of property or services, shall knowingly obtain or exert 2005
control over either the property or services in any of the 2006
following ways:2007

       (1) Without the consent of the owner or person authorized to 2008
give consent;2009

       (2) Beyond the scope of the express or implied consent of the 2010
owner or person authorized to give consent;2011

       (3) By deception;2012

       (4) By threat;2013

       (5) By intimidation.2014

       (B)(1) Whoever violates this section is guilty of theft.2015

       (2) Except as otherwise provided in this division or division 2016
(B)(3), (4), (5), (6), (7), or (8), or (9) of this section, a 2017
violation of this section is petty theft, a misdemeanor of the 2018
first degree. If the value of the property or services stolen is 2019
one thousand dollars or more and is less than seven thousand five 2020
hundred dollars or if the property stolen is any of the property 2021
listed in section 2913.71 of the Revised Code, a violation of this 2022
section is theft, a felony of the fifth degree. If the value of 2023
the property or services stolen is seven thousand five hundred 2024
dollars or more and is less than one hundred fifty thousand 2025
dollars, a violation of this section is grand theft, a felony of 2026
the fourth degree. If the value of the property or services stolen 2027
is one hundred fifty thousand dollars or more and is less than 2028
seven hundred fifty thousand dollars, a violation of this section 2029
is aggravated theft, a felony of the third degree. If the value of 2030
the property or services is seven hundred fifty thousand dollars 2031
or more and is less than one million five hundred thousand 2032
dollars, a violation of this section is aggravated theft, a felony 2033
of the second degree. If the value of the property or services 2034
stolen is one million five hundred thousand dollars or more, a 2035
violation of this section is aggravated theft of one million five 2036
hundred thousand dollars or more, a felony of the first degree.2037

       (3) Except as otherwise provided in division (B)(4), (5), 2038
(6), (7), or (8), or (9) of this section, if the victim of the 2039
offense is an elderly person or disabled adult, a violation of 2040
this section is theft from an elderly person or disabled adult, 2041
and division (B)(3) of this section applies. Except as otherwise 2042
provided in this division, theft from an elderly person or 2043
disabled adult is a felony of the fifth degree. If the value of 2044
the property or services stolen is one thousand dollars or more 2045
and is less than seven thousand five hundred dollars, theft from 2046
an elderly person or disabled adult is a felony of the fourth 2047
degree. If the value of the property or services stolen is seven 2048
thousand five hundred dollars or more and is less than 2049
thirty-seven thousand five hundred dollars, theft from an elderly 2050
person or disabled adult is a felony of the third degree. If the 2051
value of the property or services stolen is thirty-seven thousand 2052
five hundred dollars or more and is less than one hundred fifty 2053
thousand dollars, theft from an elderly person or disabled adult 2054
is a felony of the second degree. If the value of the property or 2055
services stolen is one hundred fifty thousand dollars or more, 2056
theft from an elderly person or disabled adult is a felony of the 2057
first degree.2058

       (4) If the property stolen is a firearm or dangerous 2059
ordnance, a violation of this section is grand theft. Except as 2060
otherwise provided in this division, grand theft when the property 2061
stolen is a firearm or dangerous ordnance is a felony of the third 2062
degree, and there is a presumption in favor of the court imposing 2063
a prison term for the offense. If the firearm or dangerous 2064
ordnance was stolen from a federally licensed firearms dealer, 2065
grand theft when the property stolen is a firearm or dangerous 2066
ordnance is a felony of the first degree. The offender shall serve 2067
a prison term imposed for grand theft when the property stolen is 2068
a firearm or dangerous ordnance consecutively to any other prison 2069
term or mandatory prison term previously or subsequently imposed 2070
upon the offender.2071

       (5) If the property stolen is a motor vehicle, a violation of 2072
this section is grand theft of a motor vehicle, a felony of the 2073
fourth degree.2074

       (6) If the property stolen is any dangerous drug, a violation 2075
of this section is theft of drugs, a felony of the fourth degree, 2076
or, if the offender previously has been convicted of a felony drug 2077
abuse offense, a felony of the third degree.2078

       (7) If the property stolen is a police dog or horse or an 2079
assistance dog and the offender knows or should know that the 2080
property stolen is a police dog or horse or an assistance dog, a 2081
violation of this section is theft of a police dog or horse or an 2082
assistance dog, a felony of the third degree.2083

       (8) If the property stolen is anhydrous ammonia, a violation 2084
of this section is theft of anhydrous ammonia, a felony of the 2085
third degree.2086

       (9) Except as provided in division (B)(2) of this section 2087
with respect to property with a value of seven thousand five 2088
hundred dollars or more and division (B)(3) of this section with 2089
respect to property with a value of one thousand dollars or more, 2090
if the property stolen is a special purpose article as defined in 2091
section 4737.04 of the Revised Code or is a bulk merchandise 2092
container as defined in section 4737.012 of the Revised Code, a 2093
violation of this section is theft of a special purpose article or 2094
articles or theft of a bulk merchandise container or containers, a 2095
felony of the fifth degree.2096

        (10) In addition to the penalties described in division 2097
(B)(2) of this section, if the offender committed the violation by 2098
causing a motor vehicle to leave the premises of an establishment 2099
at which gasoline is offered for retail sale without the offender 2100
making full payment for gasoline that was dispensed into the fuel 2101
tank of the motor vehicle or into another container, the court may 2102
do one of the following:2103

        (a) Unless division (B)(9)(10)(b) of this section applies, 2104
suspend for not more than six months the offender's driver's 2105
license, probationary driver's license, commercial driver's 2106
license, temporary instruction permit, or nonresident operating 2107
privilege;2108

        (b) If the offender's driver's license, probationary driver's 2109
license, commercial driver's license, temporary instruction 2110
permit, or nonresident operating privilege has previously been 2111
suspended pursuant to division (B)(9)(10)(a) of this section, 2112
impose a class seven suspension of the offender's license, permit, 2113
or privilege from the range specified in division (A)(7) of 2114
section 4510.02 of the Revised Code, provided that the suspension 2115
shall be for at least six months.2116

       (c) The court, in lieu of suspending the offender's driver's 2117
or commercial driver's license, probationary driver's license, 2118
temporary instruction permit, or nonresident operating privilege 2119
pursuant to division (B)(9)(10)(a) or (b) of this section, instead 2120
may require the offender to perform community service for a number 2121
of hours determined by the court.2122

       (10)(11) In addition to the penalties described in division 2123
(B)(2) of this section, if the offender committed the violation by 2124
stealing rented property or rental services, the court may order 2125
that the offender make restitution pursuant to section 2929.18 or 2126
2929.28 of the Revised Code. Restitution may include, but is not 2127
limited to, the cost of repairing or replacing the stolen 2128
property, or the cost of repairing the stolen property and any 2129
loss of revenue resulting from deprivation of the property due to 2130
theft of rental services that is less than or equal to the actual 2131
value of the property at the time it was rented. Evidence of 2132
intent to commit theft of rented property or rental services shall 2133
be determined pursuant to the provisions of section 2913.72 of the 2134
Revised Code.2135

       (C) The sentencing court that suspends an offender's license, 2136
permit, or nonresident operating privilege under division 2137
(B)(9)(10) of this section may grant the offender limited driving 2138
privileges during the period of the suspension in accordance with 2139
Chapter 4510. of the Revised Code.2140

       Sec. 2913.51.  (A) No person shall receive, retain, or 2141
dispose of property of another knowing or having reasonable cause 2142
to believe that the property has been obtained through commission 2143
of a theft offense. 2144

       (B) It is not a defense to a charge of receiving stolen 2145
property in violation of this section that the property was 2146
obtained by means other than through the commission of a theft 2147
offense if the property was explicitly represented to the accused 2148
person as being obtained through the commission of a theft 2149
offense. 2150

       (C) Whoever violates this section is guilty of receiving 2151
stolen property. Except as otherwise provided in this division or 2152
division (D) of this section, receiving stolen property is a 2153
misdemeanor of the first degree. If the value of the property 2154
involved is one thousand dollars or more and is less than seven 2155
thousand five hundred dollars, if the property involved is any of 2156
the property listed in section 2913.71 of the Revised Code, 2157
receiving stolen property is a felony of the fifth degree. If the 2158
property involved is a motor vehicle, as defined in section 2159
4501.01 of the Revised Code, if the property involved is a 2160
dangerous drug, as defined in section 4729.01 of the Revised Code, 2161
if the value of the property involved is seven thousand five 2162
hundred dollars or more and is less than one hundred fifty 2163
thousand dollars, or if the property involved is a firearm or 2164
dangerous ordnance, as defined in section 2923.11 of the Revised 2165
Code, receiving stolen property is a felony of the fourth degree. 2166
If the value of the property involved is one hundred fifty 2167
thousand dollars or more, receiving stolen property is a felony of 2168
the third degree. 2169

       (D) Except as provided in division (C) of this section with 2170
respect to property involved in a violation of this section with a 2171
value of seven thousand five hundred dollars or more, if the 2172
property involved in violation of this section is a special 2173
purchase article as defined in section 4737.04 of the Revised Code 2174
or a bulk merchandise container as defined in section 4737.012 of 2175
the Revised Code, a violation of this section is receiving a 2176
stolen special purchase article or articles or receiving a stolen 2177
bulk merchandise container or containers, a felony of the fifth 2178
degree.2179

       Sec. 2937.221.  (A) A person arrested without warrant for any 2180
violation listed in division (B) of this section, and having a 2181
current valid Ohio driver's or commercial driver's license, if the 2182
person has been notified of the possible consequences of the 2183
person's actions as required by division (C) of this section, may 2184
post bond by depositing the license with the arresting officer if 2185
the officer and person so choose, or with the local court having 2186
jurisdiction if the court and person so choose. The license may be 2187
used as bond only during the period for which it is valid.2188

       When an arresting officer accepts the driver's or commercial 2189
driver's license as bond, the officer shall note the date, time, 2190
and place of the court appearance on "the violator's notice to 2191
appear," and the notice shall serve as a valid Ohio driver's or 2192
commercial driver's license until the date and time appearing 2193
thereon. The arresting officer immediately shall forward the 2194
license to the appropriate court.2195

       When a local court accepts the license as bond or continues 2196
the case to another date and time, it shall provide the person 2197
with a card in a form approved by the registrar of motor vehicles 2198
setting forth the license number, name, address, the date and time 2199
of the court appearance, and a statement that the license is being 2200
held as bond. The card shall serve as a valid license until the 2201
date and time contained in the card.2202

       The court may accept other bond at any time and return the 2203
license to the person. The court shall return the license to the 2204
person when judgment is satisfied, including, but not limited to, 2205
compliance with any court orders, unless a suspension or 2206
cancellation is part of the penalty imposed.2207

       Neither "the violator's notice to appear" nor a court- 2208
granted card shall continue driving privileges beyond the 2209
expiration date of the license.2210

       If the person arrested fails to appear in court at the date 2211
and time set by the court or fails to satisfy the judgment of the 2212
court, including, but not limited to, compliance with all court 2213
orders within the time allowed by the court, the court may declare 2214
the forfeiture of the person's license. Thirty days after the 2215
declaration of the forfeiture, the court shall forward the 2216
person's license to the registrar. The court also shall enter 2217
information relative to the forfeiture on a form approved and 2218
furnished by the registrar and send the form to the registrar. The 2219
registrar shall suspend the person's license and send written 2220
notification of the suspension to the person at the person's last 2221
known address. No valid driver's or commercial driver's license 2222
shall be granted to the person until the court having jurisdiction 2223
orders that the forfeiture be terminated. The court shall inform 2224
the registrar of the termination of the forfeiture by entering 2225
information relative to the termination on a form approved and 2226
furnished by the registrar and sending the form to the registrar. 2227
Upon the termination, the person shall pay to the bureau of motor 2228
vehicles a reinstatement fee of fifteen dollars to cover the costs 2229
of the bureau in administering this section. The registrar shall 2230
deposit the fees so paid into the state bureau of motor vehicles 2231
fund created by section 4501.25 of the Revised Code.2232

       In addition, upon receipt from the court of the copy of the 2233
declaration of forfeiture, neither the registrar nor any deputy 2234
registrar shall accept any application for the registration or 2235
transfer of registration of any motor vehicle owned by or leased 2236
in the name of the person named in the declaration of forfeiture 2237
until the court having jurisdiction over the offense that led to 2238
the suspension issues an order terminating the forfeiture. 2239
However, for a motor vehicle leased in the name of a person named 2240
in a declaration of forfeiture, the registrar shall not implement 2241
the preceding sentence until the registrar adopts procedures for 2242
that implementation under section 4503.39 of the Revised Code. 2243
Upon receipt by the registrar of such an order, the registrar also 2244
shall take the measures necessary to permit the person to register 2245
a motor vehicle the person owns or leases or to transfer the 2246
registration of a motor vehicle the person owns or leases if the 2247
person later makes a proper application and otherwise is eligible 2248
to be issued or to transfer a motor vehicle registration.2249

       (B) Division (A) of this section applies to persons arrested 2250
for violation of:2251

       (1) Any of the provisions of Chapter 4511. or 4513. of the 2252
Revised Code, except sections 4511.19, 4511.20, 4511.251, and 2253
4513.36 of the Revised Code;2254

       (2) Any municipal ordinance substantially similar to a 2255
section included in division (B)(1) of this section;2256

       (3) Any bylaw, rule, or regulation of the Ohio turnpike and 2257
infrastructure commission substantially similar to a section 2258
included in division (B)(1) of this section.2259

       Division (A) of this section does not apply to those persons 2260
issued a citation for the commission of a minor misdemeanor under 2261
section 2935.26 of the Revised Code.2262

       (C) No license shall be accepted as bond by an arresting 2263
officer or by a court under this section until the officer or 2264
court has notified the person that, if the person deposits the 2265
license with the officer or court and either does not appear on 2266
the date and at the time set by the officer or the court, if the 2267
court sets a time, or does not satisfy any judgment rendered, 2268
including, but not limited to, compliance with all court orders, 2269
the license will be suspended, and the person will not be eligible 2270
for reissuance of the license or issuance of a new license, or the 2271
issuance of a certificate of registration for a motor vehicle 2272
owned or leased by the person until the person appears and 2273
complies with any order issued by the court. The person also is 2274
subject to any criminal penalties that may apply to the person.2275

       (D) The registrar shall not restore the person's driving or 2276
vehicle registration privileges until the person pays the 2277
reinstatement fee as provided in this section.2278

       Sec. 3354.13.  The ownership of a community college created 2279
and established pursuant to provisions of sections 3354.02 and 2280
3354.04 of the Revised Code, including all right, title, and 2281
interest in and to all property, both real and personal, 2282
pertaining thereto, shall be vested in the board of trustees of 2283
the community college district in which such college is situated, 2284
except as may be provided in a contract entered into under the 2285
authority of division (A) of section 3354.09 of the Revised Code. 2286
The board may acquire by appropriation any land, rights, rights of 2287
way, franchises, easements, or other property necessary or proper 2288
for the construction or the efficient operation of any facility of 2289
the community college district, pursuant to the procedure provided 2290
in section 5537.06 of the Revised Code, with respect to the Ohio 2291
turnpike and infrastructure commission, and insofar as such 2292
procedure is applicable.2293

       Any instrument by which real property is acquired pursuant to 2294
this section shall identify the agency of the state that has the 2295
use and benefit of the real property as specified in section 2296
5301.012 of the Revised Code.2297

       Sec. 3355.10.  The ownership of the university branch campus, 2298
created and established pursuant to sections 3355.01 to 3355.14 of 2299
the Revised Code, including all right, title, and interest in and 2300
to all property, both real and personal, pertaining thereto, shall 2301
be vested in the managing authority of the university branch 2302
district. The board may acquire by appropriation any land, rights, 2303
rights of way, franchises, easements, or other property necessary 2304
or proper for the construction or the efficient operation of any 2305
facility of the university branch district, pursuant to section 2306
5537.06 of the Revised Code, with respect to the Ohio turnpike and 2307
infrastructure commission, and insofar as such procedure is 2308
applicable.2309

       University branch district bonds, issued pursuant to section 2310
3355.08 of the Revised Code, are lawful investments of banks, 2311
savings banks, trust companies, trustees, boards of trustees of 2312
sinking funds of municipal corporations, school districts, 2313
counties, the administrator of workers' compensation, the state 2314
teachers retirement system, the public employees retirement 2315
system, and the school employees retirement system, and also are 2316
acceptable as security for the deposit of public moneys.2317

       Any instrument by which real property is acquired pursuant to 2318
this section shall identify the agency of the state that has the 2319
use and benefit of the real property as specified in section 2320
5301.012 of the Revised Code.2321

       Sec. 3357.12.  The ownership of a technical college, created 2322
and established pursuant to section 3357.07 of the Revised Code, 2323
including all right, title, and interest in and to all property, 2324
both real and personal, pertaining thereto, shall be vested in the 2325
board of trustees of the technical college district in which such 2326
college is situated. The board may acquire by appropriation any 2327
land, rights, rights-of-way, franchises, easements, or other 2328
property necessary or proper for the construction or the efficient 2329
operation of any facility of the technical college district, 2330
pursuant to the procedure provided in section 5537.06 of the 2331
Revised Code, with respect to the Ohio turnpike and infrastructure2332
commission, and insofar as such procedure is applicable.2333

       Any instrument by which real property is acquired pursuant to 2334
this section shall identify the agency of the state that has the 2335
use and benefit of the real property as specified in section 2336
5301.012 of the Revised Code.2337

       Sec. 3705.242. (A)(1) The director of health, a person 2338
authorized by the director, a local commissioner of health, or a 2339
local registrar of vital statistics shall charge and collect a fee 2340
of one dollar and fifty cents for each certified copy of a birth 2341
record, each certification of birth, and each copy of a death 2342
record. The fee is in addition to the fee imposed by section 2343
3705.24 or any other section of the Revised Code. A local 2344
commissioner of health or local registrar of vital statistics may 2345
retain an amount of each additional fee collected, not to exceed 2346
three per cent of the amount of the additional fee, to be used for 2347
costs directly related to the collection of the fee and the 2348
forwarding of the fee to the department of health. 2349

       The additional fees collected by the director of health or a 2350
person authorized by the director and the additional fees 2351
collected but not retained by a local commissioner of health or a 2352
local registrar of vital statistics shall be forwarded to the 2353
department of health not later than thirty days following the end 2354
of each quarter. Not later than two days after the fees are 2355
forwarded to the department each quarter, the department shall pay 2356
the collected fees to the treasurer of state in accordance with 2357
rules adopted by the treasurer of state under section 113.08 of 2358
the Revised Code.2359

       (2) On the filing of a divorce decree under section 3105.10 2360
or a decree of dissolution under section 3105.65 of the Revised 2361
Code, a court of common pleas shall charge and collect a fee of 2362
five dollars and fifty cents. The fee is in addition to any other 2363
court costs or fees. The county clerk of courts may retain an 2364
amount of each additional fee collected, not to exceed three per 2365
cent of the amount of the additional fee, to be used for costs 2366
directly related to the collection of the fee and the forwarding 2367
of the fee to the treasurer of state. The additional fees 2368
collected, but not retained, under division (A)(2) of this section 2369
shall be forwarded to the treasurer of state not later than twenty 2370
days following the end of each month.2371

       (B) The treasurer of state shall deposit the fees paid or 2372
forwarded under this section in the state treasury to the credit 2373
of the family violence prevention fund, which is hereby created. A 2374
person or government entity that fails to pay or forward the fees 2375
in a timelythe manner, as determined by the treasurer of state2376
described in this section, shall send to the treasurer of state, 2377
in addition to the fees,department of public safety a penalty 2378
equal to ten per cent of the fees. The department of public safety 2379
shall forward all collected late fees to the treasurer of state 2380
for deposit into the family violence prevention fund in accordance 2381
with rules adopted by the treasurer of state under section 113.08 2382
of the Revised Code.2383

       The treasurer of state shall invest the moneys in the fund. 2384
All earnings resulting from investment of the fund shall be 2385
credited to the fund, except that actual administration costs 2386
incurred by the treasurer of state in administering the fund may 2387
be deducted from the earnings resulting from investments. The 2388
amount that may be deducted shall not exceed three per cent of the 2389
total amount of fees credited to the fund in each fiscal year. The 2390
balance of the investment earnings shall be credited to the fund.2391

       (C) The director of public safety shall use money credited to 2392
the fund to provide grants to family violence shelters in Ohio and 2393
to operate the division of criminal justice services.2394

       Sec. 3791.12.  (A) As used in this section and section 2395
3791.13 of the Revised Code:2396

       (1) "Service station" means any facility designed and 2397
constructed primarily for use in the retail sale of gasoline, 2398
other petroleum products, and related accessories; except that 2399
"service station" does not include any such facility that has been 2400
converted for use for another bona fide business purpose, on and 2401
after the date of commencement of such other use.2402

       (2) "Abandoned service station" means any service station 2403
that has not been used for the retail sale of gasoline, other 2404
petroleum products, and related accessories for a continuous 2405
period of six months, whenever failure to reasonably secure 2406
station buildings from ready access by unauthorized persons and to 2407
reasonably maintain the station's premises has resulted in 2408
conditions that endanger the public health, welfare, safety, or 2409
morals; provided, that such conditions include, but are not 2410
limited to, the presence of defective or deteriorated electrical 2411
wiring, heating apparatus, and gas connections, or of unprotected 2412
gasoline storage tanks, piping, and valves, or any combination of 2413
the foregoing; and provided further that the casual and 2414
intermittent use of a service station for the retail sale of any 2415
item described in division (A)(1) of this section during such 2416
six-month period shall not be held to prevent the station from 2417
being determined an abandoned service station if it meets the 2418
other qualifications of this division.2419

       (B) The executive authority of each municipal corporation and 2420
the board of county commissioners of each county shall designate a 2421
suitable person to make inspections, within their respective 2422
territorial jurisdictions, of any service stations that are, or 2423
appear to be, no longer in use for the purposes described in 2424
division (A)(1) of this section 3791.11 of the Revised Code, or 2425
for any other bona fide business purpose. Inspections of service 2426
stations under this section shall be made at the order of the 2427
executive authority or board, or upon the complaint of any person 2428
claiming to be adversely affected by the condition of a service 2429
station. Any inspector designated under this section shall have 2430
the right to enter upon and inspect any service station that is, 2431
or appears to be, no longer in use as described in this section. 2432
No inspector, while in the lawful pursuit of official duties for 2433
such purpose, shall be subject to arrest for trespass while so 2434
engaged or for such cause thereafter.2435

       (B)(C) Whenever an inspector, upon inspecting a service 2436
station as provided in this section, has reasonable cause to 2437
believe that it qualifies as an abandoned service station, the 2438
inspector shall prepare a written report of the condition of the 2439
station's buildings and premises. The report shall be filed 2440
immediately with the executive authority or board. Upon receipt of 2441
the report, the executive authority or board shall fix a place and 2442
time, not less than thirty days nor more than sixty days after 2443
receipt of the report, for a hearing to determine whether the 2444
service station is an abandoned service station. The executive 2445
authority or board shall send written notice of the place and date 2446
of the hearing, together with a copy of the inspector's report and 2447
information that the service station may be ordered repaired or 2448
removed if determined to be abandoned, to all persons listed in 2449
the bond filed under division (C) of section 3791.11 of the 2450
Revised Coderecords of the county recorder as an owner of the 2451
affected property, and to all persons listed in the records of the 2452
county recorder or county clerk of courts as holding a lien on the 2453
affected property. Such notice shall be sent by certified mail to 2454
the address shown on such records.2455

       (C)(D) In hearing the matter and deciding the issue, the 2456
executive authority or board shall consider the testimony of any 2457
persons appearing pursuant to the notice or their authorized 2458
representatives, the testimony of any witnesses appearing on 2459
behalf of such persons, the inspector's report or testimony, or 2460
both, and any other evidence pertinent to the matter. If the 2461
executive authority or board thereupon determines that the service 2462
station is an abandoned service station in such condition as to 2463
constitute a danger to the public health, welfare, safety, or 2464
morals, it shall order the satisfactory repair, or removal, of the 2465
service station and its appurtenances, and restoration of the 2466
property, within such period of time, not less than thirty days, 2467
as the executive authority or board thereupon determines 2468
reasonable. Notice of the findings and order shall be sent to all 2469
persons required to be notified by division (B)(C) of this section 2470
in the same manner as provided in that division.2471

       (D)(E) If an abandoned service station is not satisfactorily 2472
repaired or removed within the period of time provided in an order 2473
made under division (C)(D) of this section, the municipal 2474
corporation or county may enter the land and complete the repair, 2475
if repair was ordered, or remove the service station and its 2476
appurtenances, if removal was ordered, and restore the property.2477

       (E)(F) Any person aggrieved by an order of an executive 2478
authority or board made under division (C)(D) of this section, may 2479
appeal as provided in Chapter 2506. of the Revised Code within 2480
thirty days of the mailing of notice of the order.2481

       (F)(G) In the event that no persons notified as provided in 2482
division (B)(C) of this section, or their authorized 2483
representatives, appear at the hearing, respond to an order of the 2484
executive authority or board, or appeal within thirty days of the 2485
mailing of notice of the order as provided in division (E)(F) of 2486
this section, the municipal corporation or county may proceed as 2487
provided in division (D)(E) of this section.2488

       Sec. 3791.13.  (A) When a municipal corporation or county 2489
enters and repairs or removes an abandoned service station and its 2490
appurtenances and restores the property as provided in division 2491
(D)(E) or (F)(G) of section 3791.12 of the Revised Code, it may 2492
bring an action on the bond filed pursuant to division (C) of 2493
section 3791.11 of the Revised Code to recover the costs of repair 2494
or removal and restoration, plus the costs of the suit. If the 2495
costs of repair or removal and restoration exceed the amount 2496
collected on the bond, theThe owner of the property and any 2497
lessee, other than a person leasing and operating the service 2498
station pursuant to a contract with a supplier of gasoline and 2499
other petroleum products, shall be jointly and severally liable 2500
for the deficiencycosts.2501

       (B) Sections 3791.11, 3791.12, 3791.13 and 3791.99 of the 2502
Revised Code shall be an alternative remedy for the removal of 2503
abandoned service stations and shall not invalidate municipal 2504
ordinances regulating the use, requiring maintenance or repair, or 2505
providing for the removal of service stations.2506

       Sec. 3791.99. (A) Whoever violates division (B) of section 2507
3791.11 or division (D) of section 3791.21 of the Revised Code is 2508
guilty of a minor misdemeanor, and each day the violation 2509
continues constitutes a separate offense.2510

       (B) Whoever violates this chapter or any rule adopted or 2511
order issued pursuant to it that relates to the construction, 2512
alteration, or repair of any building, and the violation is not 2513
detrimental to the health, safety, or welfare of any person, shall 2514
be fined not more than one hundred dollars.2515

       (C) Whoever violates this chapter or any rule adopted or 2516
order issued pursuant to it that relates to the construction, 2517
alteration, or repair of any building, and the violation is 2518
detrimental to the health, safety, or welfare of any person, is 2519
guilty of a minor misdemeanor.2520

       Sec. 4501.01.  As used in this chapter and Chapters 4503., 2521
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the 2522
Revised Code, and in the penal laws, except as otherwise provided:2523

       (A) "Vehicles" means everything on wheels or runners, 2524
including motorized bicycles, but does not mean electric personal 2525
assistive mobility devices, vehicles that are operated exclusively 2526
on rails or tracks or from overhead electric trolley wires, and 2527
vehicles that belong to any police department, municipal fire 2528
department, or volunteer fire department, or that are used by such 2529
a department in the discharge of its functions.2530

       (B) "Motor vehicle" means any vehicle, including mobile homes 2531
and recreational vehicles, that is propelled or drawn by power 2532
other than muscular power or power collected from overhead 2533
electric trolley wires. "Motor vehicle" does not include utility 2534
vehicles as defined in division (VV) of this section, motorized 2535
bicycles, road rollers, traction engines, power shovels, power 2536
cranes, and other equipment used in construction work and not 2537
designed for or employed in general highway transportation, 2538
well-drilling machinery, ditch-digging machinery, farm machinery, 2539
and trailers that are designed and used exclusively to transport a 2540
boat between a place of storage and a marina, or in and around a 2541
marina, when drawn or towed on a public road or highway for a 2542
distance of no more than ten miles and at a speed of twenty-five 2543
miles per hour or less.2544

       (C) "Agricultural tractor" and "traction engine" mean any 2545
self-propelling vehicle that is designed or used for drawing other 2546
vehicles or wheeled machinery, but has no provisions for carrying 2547
loads independently of such other vehicles, and that is used 2548
principally for agricultural purposes.2549

       (D) "Commercial tractor," except as defined in division (C) 2550
of this section, means any motor vehicle that has motive power and 2551
either is designed or used for drawing other motor vehicles, or is 2552
designed or used for drawing another motor vehicle while carrying 2553
a portion of the other motor vehicle or its load, or both.2554

       (E) "Passenger car" means any motor vehicle that is designed 2555
and used for carrying not more than nine persons and includes any 2556
motor vehicle that is designed and used for carrying not more than 2557
fifteen persons in a ridesharing arrangement.2558

       (F) "Collector's vehicle" means any motor vehicle or 2559
agricultural tractor or traction engine that is of special 2560
interest, that has a fair market value of one hundred dollars or 2561
more, whether operable or not, and that is owned, operated, 2562
collected, preserved, restored, maintained, or used essentially as 2563
a collector's item, leisure pursuit, or investment, but not as the 2564
owner's principal means of transportation. "Licensed collector's 2565
vehicle" means a collector's vehicle, other than an agricultural 2566
tractor or traction engine, that displays current, valid license 2567
tags issued under section 4503.45 of the Revised Code, or a 2568
similar type of motor vehicle that displays current, valid license 2569
tags issued under substantially equivalent provisions in the laws 2570
of other states.2571

       (G) "Historical motor vehicle" means any motor vehicle that 2572
is over twenty-five years old and is owned solely as a collector's 2573
item and for participation in club activities, exhibitions, tours, 2574
parades, and similar uses, but that in no event is used for 2575
general transportation.2576

       (H) "Noncommercial motor vehicle" means any motor vehicle, 2577
including a farm truck as defined in section 4503.04 of the 2578
Revised Code, that is designed by the manufacturer to carry a load 2579
of no more than one ton and is used exclusively for purposes other 2580
than engaging in business for profit.2581

       (I) "Bus" means any motor vehicle that has motor power and is 2582
designed and used for carrying more than nine passengers, except 2583
any motor vehicle that is designed and used for carrying not more 2584
than fifteen passengers in a ridesharing arrangement.2585

       (J) "Commercial car" or "truck" means any motor vehicle that 2586
has motor power and is designed and used for carrying merchandise 2587
or freight, or that is used as a commercial tractor.2588

       (K) "Bicycle" means every device, other than a tricycle2589
device that is designed solely for use as a play vehicle by a 2590
child, that is propelled solely by human power upon which anya2591
person may ride, and that has two tandemor more wheels, or one 2592
wheel in front and two wheels in the rear, or two wheels in the 2593
front and one wheel in the rear, any of which is more than 2594
fourteen inches in diameter.2595

       (L) "Motorized bicycle" means any vehicle that either has two 2596
tandem wheels or one wheel in the front and two wheels in the 2597
rear, that is capable of being pedaled, and that is equipped with 2598
a helper motor of not more than fifty cubic centimeters piston 2599
displacement that produces no more than one brake horsepower and 2600
is capable of propelling the vehicle at a speed of no greater than 2601
twenty miles per hour on a level surface.2602

       (M) "Trailer" means any vehicle without motive power that is 2603
designed or used for carrying property or persons wholly on its 2604
own structure and for being drawn by a motor vehicle, and includes 2605
any such vehicle that is formed by or operated as a combination of 2606
a semitrailer and a vehicle of the dolly type such as that 2607
commonly known as a trailer dolly, a vehicle used to transport 2608
agricultural produce or agricultural production materials between 2609
a local place of storage or supply and the farm when drawn or 2610
towed on a public road or highway at a speed greater than 2611
twenty-five miles per hour, and a vehicle that is designed and 2612
used exclusively to transport a boat between a place of storage 2613
and a marina, or in and around a marina, when drawn or towed on a 2614
public road or highway for a distance of more than ten miles or at 2615
a speed of more than twenty-five miles per hour. "Trailer" does 2616
not include a manufactured home or travel trailer.2617

       (N) "Noncommercial trailer" means any trailer, except a 2618
travel trailer or trailer that is used to transport a boat as 2619
described in division (B) of this section, but, where applicable, 2620
includes a vehicle that is used to transport a boat as described 2621
in division (M) of this section, that has a gross weight of no 2622
more than ten thousand pounds, and that is used exclusively for 2623
purposes other than engaging in business for a profit, such as the 2624
transportation of personal items for personal or recreational 2625
purposes.2626

       (O) "Mobile home" means a building unit or assembly of closed 2627
construction that is fabricated in an off-site facility, is more 2628
than thirty-five body feet in length or, when erected on site, is 2629
three hundred twenty or more square feet, is built on a permanent 2630
chassis, is transportable in one or more sections, and does not 2631
qualify as a manufactured home as defined in division (C)(4) of 2632
section 3781.06 of the Revised Code or as an industrialized unit 2633
as defined in division (C)(3) of section 3781.06 of the Revised 2634
Code.2635

       (P) "Semitrailer" means any vehicle of the trailer type that 2636
does not have motive power and is so designed or used with another 2637
and separate motor vehicle that in operation a part of its own 2638
weight or that of its load, or both, rests upon and is carried by 2639
the other vehicle furnishing the motive power for propelling 2640
itself and the vehicle referred to in this division, and includes, 2641
for the purpose only of registration and taxation under those 2642
chapters, any vehicle of the dolly type, such as a trailer dolly, 2643
that is designed or used for the conversion of a semitrailer into 2644
a trailer.2645

       (Q) "Recreational vehicle" means a vehicular portable 2646
structure that meets all of the following conditions:2647

       (1) It is designed for the sole purpose of recreational 2648
travel.2649

       (2) It is not used for the purpose of engaging in business 2650
for profit.2651

       (3) It is not used for the purpose of engaging in intrastate 2652
commerce.2653

       (4) It is not used for the purpose of commerce as defined in 2654
49 C.F.R. 383.5, as amended.2655

       (5) It is not regulated by the public utilities commission 2656
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.2657

       (6) It is classed as one of the following:2658

       (a) "Travel trailer" means a nonself-propelled recreational 2659
vehicle that does not exceed an overall length of thirty-five 2660
feet, exclusive of bumper and tongue or coupling, and contains 2661
less than three hundred twenty square feet of space when erected 2662
on site. "Travel trailer" includes a tent-type fold-out camping 2663
trailer as defined in section 4517.01 of the Revised Code.2664

       (b) "Motor home" means a self-propelled recreational vehicle 2665
that has no fifth wheel and is constructed with permanently 2666
installed facilities for cold storage, cooking and consuming of 2667
food, and for sleeping.2668

       (c) "Truck camper" means a nonself-propelled recreational 2669
vehicle that does not have wheels for road use and is designed to 2670
be placed upon and attached to a motor vehicle. "Truck camper" 2671
does not include truck covers that consist of walls and a roof, 2672
but do not have floors and facilities enabling them to be used as 2673
a dwelling.2674

       (d) "Fifth wheel trailer" means a vehicle that is of such 2675
size and weight as to be movable without a special highway permit, 2676
that has a gross trailer area of four hundred square feet or less, 2677
that is constructed with a raised forward section that allows a 2678
bi-level floor plan, and that is designed to be towed by a vehicle 2679
equipped with a fifth-wheel hitch ordinarily installed in the bed 2680
of a truck.2681

       (e) "Park trailer" means a vehicle that is commonly known as 2682
a park model recreational vehicle, meets the American national 2683
standard institute standard A119.5 (1988) for park trailers, is 2684
built on a single chassis, has a gross trailer area of four 2685
hundred square feet or less when set up, is designed for seasonal 2686
or temporary living quarters, and may be connected to utilities 2687
necessary for the operation of installed features and appliances.2688

       (R) "Pneumatic tires" means tires of rubber and fabric or 2689
tires of similar material, that are inflated with air.2690

       (S) "Solid tires" means tires of rubber or similar elastic 2691
material that are not dependent upon confined air for support of 2692
the load.2693

       (T) "Solid tire vehicle" means any vehicle that is equipped 2694
with two or more solid tires.2695

       (U) "Farm machinery" means all machines and tools that are 2696
used in the production, harvesting, and care of farm products, and 2697
includes trailers that are used to transport agricultural produce 2698
or agricultural production materials between a local place of 2699
storage or supply and the farm, agricultural tractors, threshing 2700
machinery, hay-baling machinery, corn shellers, hammermills, and 2701
machinery used in the production of horticultural, agricultural, 2702
and vegetable products.2703

       (V) "Owner" includes any person or firm, other than a 2704
manufacturer or dealer, that has title to a motor vehicle, except 2705
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" 2706
includes in addition manufacturers and dealers.2707

       (W) "Manufacturer" and "dealer" include all persons and firms 2708
that are regularly engaged in the business of manufacturing, 2709
selling, displaying, offering for sale, or dealing in motor 2710
vehicles, at an established place of business that is used 2711
exclusively for the purpose of manufacturing, selling, displaying, 2712
offering for sale, or dealing in motor vehicles. A place of 2713
business that is used for manufacturing, selling, displaying, 2714
offering for sale, or dealing in motor vehicles shall be deemed to 2715
be used exclusively for those purposes even though snowmobiles or 2716
all-purpose vehicles are sold or displayed for sale thereat, even 2717
though farm machinery is sold or displayed for sale thereat, or 2718
even though repair, accessory, gasoline and oil, storage, parts, 2719
service, or paint departments are maintained thereat, or, in any 2720
county having a population of less than seventy-five thousand at 2721
the last federal census, even though a department in a place of 2722
business is used to dismantle, salvage, or rebuild motor vehicles 2723
by means of used parts, if such departments are operated for the 2724
purpose of furthering and assisting in the business of 2725
manufacturing, selling, displaying, offering for sale, or dealing 2726
in motor vehicles. Places of business or departments in a place of 2727
business used to dismantle, salvage, or rebuild motor vehicles by 2728
means of using used parts are not considered as being maintained 2729
for the purpose of assisting or furthering the manufacturing, 2730
selling, displaying, and offering for sale or dealing in motor 2731
vehicles.2732

       (X) "Operator" includes any person who drives or operates a 2733
motor vehicle upon the public highways.2734

       (Y) "Chauffeur" means any operator who operates a motor 2735
vehicle, other than a taxicab, as an employee for hire; or any 2736
operator whether or not the owner of a motor vehicle, other than a 2737
taxicab, who operates such vehicle for transporting, for gain, 2738
compensation, or profit, either persons or property owned by 2739
another. Any operator of a motor vehicle who is voluntarily 2740
involved in a ridesharing arrangement is not considered an 2741
employee for hire or operating such vehicle for gain, 2742
compensation, or profit.2743

       (Z) "State" includes the territories and federal districts of 2744
the United States, and the provinces of Canada.2745

       (AA) "Public roads and highways" for vehicles includes all 2746
public thoroughfares, bridges, and culverts.2747

       (BB) "Manufacturer's number" means the manufacturer's 2748
original serial number that is affixed to or imprinted upon the 2749
chassis or other part of the motor vehicle.2750

       (CC) "Motor number" means the manufacturer's original number 2751
that is affixed to or imprinted upon the engine or motor of the 2752
vehicle.2753

       (DD) "Distributor" means any person who is authorized by a 2754
motor vehicle manufacturer to distribute new motor vehicles to 2755
licensed motor vehicle dealers at an established place of business 2756
that is used exclusively for the purpose of distributing new motor 2757
vehicles to licensed motor vehicle dealers, except when the 2758
distributor also is a new motor vehicle dealer, in which case the 2759
distributor may distribute at the location of the distributor's 2760
licensed dealership.2761

       (EE) "Ridesharing arrangement" means the transportation of 2762
persons in a motor vehicle where the transportation is incidental 2763
to another purpose of a volunteer driver and includes ridesharing 2764
arrangements known as carpools, vanpools, and buspools.2765

       (FF) "Apportionable vehicle" means any vehicle that is used 2766
or intended for use in two or more international registration plan 2767
member jurisdictions that allocate or proportionally register 2768
vehicles, that is used for the transportation of persons for hire 2769
or designed, used, or maintained primarily for the transportation 2770
of property, and that meets any of the following qualifications:2771

       (1) Is a power unit having a gross vehicle weight in excess 2772
of twenty-six thousand pounds;2773

       (2) Is a power unit having three or more axles, regardless of 2774
the gross vehicle weight;2775

       (3) Is a combination vehicle with a gross vehicle weight in 2776
excess of twenty-six thousand pounds.2777

       "Apportionable vehicle" does not include recreational 2778
vehicles, vehicles displaying restricted plates, city pick-up and 2779
delivery vehicles, buses used for the transportation of chartered 2780
parties, or vehicles owned and operated by the United States, this 2781
state, or any political subdivisions thereof.2782

       (GG) "Chartered party" means a group of persons who contract 2783
as a group to acquire the exclusive use of a passenger-carrying 2784
motor vehicle at a fixed charge for the vehicle in accordance with 2785
the carrier's tariff, lawfully on file with the United States 2786
department of transportation, for the purpose of group travel to a 2787
specified destination or for a particular itinerary, either agreed 2788
upon in advance or modified by the chartered group after having 2789
left the place of origin.2790

       (HH) "International registration plan" means a reciprocal 2791
agreement of member jurisdictions that is endorsed by the American 2792
association of motor vehicle administrators, and that promotes and 2793
encourages the fullest possible use of the highway system by 2794
authorizing apportioned registration of fleets of vehicles and 2795
recognizing registration of vehicles apportioned in member 2796
jurisdictions.2797

       (II) "Restricted plate" means a license plate that has a 2798
restriction of time, geographic area, mileage, or commodity, and 2799
includes license plates issued to farm trucks under division (J) 2800
of section 4503.04 of the Revised Code.2801

       (JJ) "Gross vehicle weight," with regard to any commercial 2802
car, trailer, semitrailer, or bus that is taxed at the rates 2803
established under section 4503.042 or 4503.65 of the Revised Code, 2804
means the unladen weight of the vehicle fully equipped plus the 2805
maximum weight of the load to be carried on the vehicle.2806

       (KK) "Combined gross vehicle weight" with regard to any 2807
combination of a commercial car, trailer, and semitrailer, that is 2808
taxed at the rates established under section 4503.042 or 4503.65 2809
of the Revised Code, means the total unladen weight of the 2810
combination of vehicles fully equipped plus the maximum weight of 2811
the load to be carried on that combination of vehicles.2812

       (LL) "Chauffeured limousine" means a motor vehicle that is 2813
designed to carry nine or fewer passengers and is operated for 2814
hire on an hourly basis pursuant to a prearranged contract for the 2815
transportation of passengers on public roads and highways along a 2816
route under the control of the person hiring the vehicle and not 2817
over a defined and regular route. "Prearranged contract" means an 2818
agreement, made in advance of boarding, to provide transportation 2819
from a specific location in a chauffeured limousine at a fixed 2820
rate per hour or trip. "Chauffeured limousine" does not include 2821
any vehicle that is used exclusively in the business of funeral 2822
directing.2823

       (MM) "Manufactured home" has the same meaning as in division 2824
(C)(4) of section 3781.06 of the Revised Code.2825

       (NN) "Acquired situs," with respect to a manufactured home or 2826
a mobile home, means to become located in this state by the 2827
placement of the home on real property, but does not include the 2828
placement of a manufactured home or a mobile home in the inventory 2829
of a new motor vehicle dealer or the inventory of a manufacturer, 2830
remanufacturer, or distributor of manufactured or mobile homes.2831

       (OO) "Electronic" includes electrical, digital, magnetic, 2832
optical, electromagnetic, or any other form of technology that 2833
entails capabilities similar to these technologies.2834

       (PP) "Electronic record" means a record generated, 2835
communicated, received, or stored by electronic means for use in 2836
an information system or for transmission from one information 2837
system to another.2838

       (QQ) "Electronic signature" means a signature in electronic 2839
form attached to or logically associated with an electronic 2840
record.2841

       (RR) "Financial transaction device" has the same meaning as 2842
in division (A) of section 113.40 of the Revised Code.2843

       (SS) "Electronic motor vehicle dealer" means a motor vehicle 2844
dealer licensed under Chapter 4517. of the Revised Code whom the 2845
registrar of motor vehicles determines meets the criteria 2846
designated in section 4503.035 of the Revised Code for electronic 2847
motor vehicle dealers and designates as an electronic motor 2848
vehicle dealer under that section.2849

       (TT) "Electric personal assistive mobility device" means a 2850
self-balancing two non-tandem wheeled device that is designed to 2851
transport only one person, has an electric propulsion system of an 2852
average of seven hundred fifty watts, and when ridden on a paved 2853
level surface by an operator who weighs one hundred seventy pounds 2854
has a maximum speed of less than twenty miles per hour.2855

       (UU) "Limited driving privileges" means the privilege to 2856
operate a motor vehicle that a court grants under section 4510.021 2857
of the Revised Code to a person whose driver's or commercial 2858
driver's license or permit or nonresident operating privilege has 2859
been suspended.2860

       (VV) "Utility vehicle" means a self-propelled vehicle 2861
designed with a bed, principally for the purpose of transporting 2862
material or cargo in connection with construction, agricultural, 2863
forestry, grounds maintenance, lawn and garden, materials 2864
handling, or similar activities. "Utility vehicle" includes a 2865
vehicle with a maximum attainable speed of twenty miles per hour 2866
or less that is used exclusively within the boundaries of state 2867
parks by state park employees or volunteers for the operation or 2868
maintenance of state park facilities.2869

       Sec. 4501.03.  The registrar of motor vehicles shall open an 2870
account with each county and district of registration in the 2871
state, and may assign each county and district of registration in 2872
the state a unique code for identification purposes. Except as 2873
provided in section 4501.044 or division (A)(1) of section 2874
4501.045 of the Revised Code, the registrar shall pay all moneys 2875
the registrar receives under sections 4503.02,and 4503.12, and 2876
4504.09 of the Revised Code into the state treasury to the credit 2877
of the auto registration distribution fund, which is hereby 2878
created, for distribution in the manner provided for in this 2879
section and sectionssection 4501.04, 4501.041, 4501.042, and 2880
4501.043 of the Revised Code. All other moneys received by the 2881
registrar shall be deposited in the state bureau of motor vehicles 2882
fund established in section 4501.25 of the Revised Code for the 2883
purposes enumerated in that section, unless otherwise provided by 2884
law.2885

       All moneys credited to the auto registration distribution 2886
fund shall be distributed to the counties and districts of 2887
registration, except for funds received by the registrar under 2888
section 4504.09 of the Revised Code, after receipt of 2889
certifications from the commissioners of the sinking fund 2890
certifying, as required by sections 5528.15 and 5528.35 of the 2891
Revised Code, that there are sufficient moneys to the credit of 2892
the highway improvement bond retirement fund created by section 2893
5528.12 of the Revised Code to meet in full all payments of 2894
interest, principal, and charges for the retirement of bonds and 2895
other obligations issued pursuant to Section 2g of Article VIII, 2896
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised 2897
Code due and payable during the current calendar year, and that 2898
there are sufficient moneys to the credit of the highway 2899
obligations bond retirement fund created by section 5528.32 of the 2900
Revised Code to meet in full all payments of interest, principal, 2901
and charges for the retirement of highway obligations issued 2902
pursuant to Section 2i of Article VIII, Ohio Constitution, and 2903
sections 5528.30 and 5528.31 of the Revised Code due and payable 2904
during the current calendar year, in the manner provided in 2905
section 4501.04 of the Revised Code.2906

       The treasurer of state may invest any portion of the moneys 2907
credited to the auto registration distribution fund, in the same 2908
manner and subject to all the laws with respect to the investment 2909
of state funds by the treasurer of state, and all investment 2910
earnings of the fund shall be credited to the fund.2911

       Once each month the registrar shall prepare vouchers in favor 2912
of the county auditor of each county for the amount of the tax 2913
collection pursuant to sections 4503.02 and 4503.12 of the Revised 2914
Code apportioned to the county and to the districts of 2915
registration located wholly or in part in the county auditor's 2916
county. The county auditor shall distribute the proceeds of the 2917
tax collections due the county and the districts of registration 2918
in the manner provided in section 4501.04 of the Revised Code.2919

       Once each month the registrar also shall prepare vouchers in 2920
favor of the county auditor of each county levying a county motor 2921
vehicle license tax pursuant to section 4504.02, 4504.15, or 2922
4504.16 of the Revised Code and of each county in which is located 2923
one or more townships levying a township motor vehicle license tax 2924
pursuant to section 4504.18 of the Revised Code for the amount of 2925
the tax due the county or townships in the county.2926

       All moneys received by the registrar under sections 4503.02,2927
and 4503.12, and 4504.09 of the Revised Code shall be distributed 2928
to counties, townships, and municipal corporations within thirty 2929
days of the expiration of the registration year, except that a sum 2930
equal to five per cent of the total amount received under sections 2931
4503.02 and 4503.12 of the Revised Code may be reserved to make 2932
final adjustments in accordance with the formula for distribution 2933
set forth in section 4501.04 of the Revised Code. If amounts set 2934
aside to make the adjustments are inadequate, necessary 2935
adjustments shall be made immediately out of funds available for 2936
distribution for the following two registration years.2937

       Sec. 4501.031.  All moneys received under section 4504.09 of 2938
the Revised Code shall be paid into the state treasury to the 2939
credit of the local motor vehicle license tax fund, which is 2940
hereby created, for distribution in the manner provided for in 2941
this chapter. The treasurer of state may invest any portion of the 2942
moneys credited to the fund in the same manner and subject to all 2943
the laws governing the investment of state funds by the treasurer 2944
of state. All investment earnings of the fund shall be credited to 2945
the fund.2946

       The registrar of motor vehicles shall open an account with 2947
each county and district of registration in the state, and may 2948
assign each county and district a code for identification 2949
purposes. The code for a county or district may be the same as the 2950
code assigned to the county or district by the registrar under 2951
section 4501.03 of the Revised Code.2952

       Once each month the registrar shall prepare vouchers in favor 2953
of the county auditor of each county levying a county motor 2954
vehicle license tax pursuant to section 4504.02, 4504.15, or 2955
4504.16 of the Revised Code and of each county in which is located 2956
one or more townships levying a township motor vehicle license tax 2957
pursuant to section 4504.18 of the Revised Code for the amount of 2958
the tax due the county or townships in the county.2959

       All moneys received by the registrar under section 4504.09 of 2960
the Revised Code shall be distributed to counties, townships, and 2961
municipal corporations within thirty days of the expiration of the 2962
registration year. Necessary adjustments shall be made immediately 2963
out of funds available for distribution for the following two 2964
registration years.2965

       Sec. 4501.04.  All moneys paid into the auto registration 2966
distribution fund under section 4501.03 of the Revised Code, 2967
except moneys received under section 4504.09 of the Revised Code 2968
and moneys received under section 4503.02 of the Revised Code in 2969
accordance with section 4501.13 of the Revised Code, and except 2970
moneys paid for costs of audits under section 4501.03 of the 2971
Revised Code, after receipt by the treasurer of state of 2972
certifications from the commissioners of the sinking fund 2973
certifying, as required by sections 5528.15 and 5528.35 of the 2974
Revised Code, that there are sufficient moneys to the credit of 2975
the highway improvement bond retirement fund created by section 2976
5528.12 of the Revised Code to meet in full all payments of 2977
interest, principal, and charges for the retirement of bonds and 2978
other obligations issued pursuant to Section 2g of Article VIII, 2979
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised 2980
Code, due and payable during the current calendar year, and that 2981
there are sufficient moneys to the credit of the highway 2982
obligations bond retirement fund created by section 5528.32 of the 2983
Revised Code to meet in full all payments of interest, principal, 2984
and charges for the retirement of highway obligations issued 2985
pursuant to Section 2i of Article VIII, Ohio Constitution, and 2986
sections 5528.30 and 5528.31 of the Revised Code due and payable 2987
during the current calendar year, shall be distributed as follows:2988

       (A) Thirty-four per cent of all such moneys are for the use 2989
of the municipal corporation or county which constitutes the 2990
district of registration. The portion of such money due to the 2991
municipal corporation shall be paid into its treasury forthwith 2992
upon receipt by the county auditor, and shall be used to plan, 2993
construct, reconstruct, repave, widen, maintain, repair, clear, 2994
and clean public highways, roads, and streets; to maintain and 2995
repair bridges and viaducts; to purchase, erect, and maintain 2996
street and traffic signs and markers; to purchase, erect, and 2997
maintain traffic lights and signals; to pay the principal, 2998
interest, and charges on bonds and other obligations issued 2999
pursuant to Chapter 133. of the Revised Code or incurred pursuant 3000
to section 5531.09 of the Revised Code for the purpose of 3001
acquiring or constructing roads, highways, bridges, or viaducts, 3002
or acquiring or making other highway improvements for which the 3003
municipal corporation may issue bonds; and to supplement revenue 3004
already available for such purposes.3005

       The county portion of such funds shall be retained in the 3006
county treasury and shall be used for the planning, maintenance, 3007
repair, construction, and repaving of public streets, and 3008
maintaining and repairing bridges and viaducts; the payment of 3009
principal, interest, and charges on bonds and other obligations 3010
issued pursuant to Chapter 133. of the Revised Code or incurred 3011
pursuant to section 5531.09 of the Revised Code for the purpose of 3012
acquiring or constructing roads, highways, bridges, or viaducts or 3013
acquiring or making other highway improvements for which the board 3014
of county commissioners may issue bonds under such chapter; and 3015
for no other purpose.3016

       (B) Five per cent of all such moneys, together with interest 3017
earned by the treasurer of state as provided in section 4501.03 of 3018
the Revised Code, shall constitute a fund for the use of the 3019
several counties for the purposes specified in division (C) of 3020
this section. The moneys shall be divided equally among all the 3021
counties in the state and shall be paid out by the registrar of 3022
motor vehicles in equal proportions to the county auditor of each 3023
county within the state.3024

       (C) Forty-seven per cent of all such moneys shall be for the 3025
use of the county in which the owner resides or in which the place 3026
is located at which the established business or branch business in 3027
connection with which the motor vehicle registered is used, for 3028
the planning, construction, reconstruction, improvement, 3029
maintenance, and repair of roads and highways; maintaining and 3030
repairing bridges and viaducts; and the payment of principal, 3031
interest, and charges on bonds and other obligations issued 3032
pursuant to Chapter 133. of the Revised Code or incurred pursuant 3033
to section 5531.09 of the Revised Code for the purpose of 3034
acquiring or constructing roads, highways, bridges, or viaducts or 3035
acquiring or making other highway improvements for which the board 3036
of county commissioners may issue bonds under such chapter.3037

       (D) Nine per cent of all such moneys shall be for the use of 3038
the several counties for the purposes specified in division (C) of 3039
this section and shall be distributed to the several counties in 3040
the ratio which the total number of miles of county roads under 3041
the jurisdiction of each board of county commissioners in each 3042
county bears to the total number of miles of county roads in the 3043
state, as determined by the director of transportation. Before 3044
such distribution is made each board of county commissioners shall 3045
certify in writing to the director the actual number of miles 3046
under its statutory jurisdiction which are used by and maintained 3047
for the public.3048

       (E) Five per cent of all such moneys shall be for the use of 3049
the several townships and shall be distributed to the several 3050
townships in the ratio which the total number of miles of township 3051
roads under the jurisdiction of each board of township trustees in 3052
each township bears to the total number of miles of township roads 3053
in the state, as determined by the director of transportation. 3054
Before such distribution is made each board of township trustees 3055
shall certify in writing to the director the actual number of 3056
miles under its statutory jurisdiction which are used by and 3057
maintained for the public.3058

       Sec. 4501.041.  Except as provided in section 4501.042 of the 3059
Revised Code, all moneys received under section 4504.09 of the 3060
Revised Code with respect to counties levying county motor vehicle 3061
license taxes pursuant to section 4504.02, 4504.15, or 4504.16 of 3062
the Revised Code and paid into the state treasury under section 3063
4501.034501.031 of the Revised Code shall be distributed to the 3064
respective counties levying such taxes for allocation and 3065
distribution as provided in section 4504.05 of the Revised Code.3066

       Sec. 4501.042.  All moneys received under section 4504.09 of 3067
the Revised Code from municipal motor vehicle license taxes levied 3068
pursuant to section 4504.06, 4504.17, 4504.171, or 4504.172 of the 3069
Revised Code, and any part of the moneys received from county 3070
motor vehicle license taxes levied pursuant to section 4504.15 of 3071
the Revised Code which is to be distributed to municipal 3072
corporations, shall be paid directly into the state treasury to 3073
the credit of the local motor vehicle license tax fund created 3074
under section 4501.031 of the Revised Code and shall be 3075
distributed to the treasuries of the municipal corporations 3076
levying or entitled to such tax moneys.3077

       Sec. 4501.043.  All moneys received under section 4504.09 of 3078
the Revised Code with respect to townships levying township 3079
license taxes pursuant to section 4504.18 of the Revised Code and 3080
paid into the state treasury under section 4501.034501.031 of the 3081
Revised Code shall be distributed to the respective townships 3082
levying such taxes for allocation and distribution as provided in 3083
section 4504.19 of the Revised Code.3084

       Sec. 4501.06.  The taxes, fees, and fines levied, charged, or 3085
referred to in division (O) of section 4503.04, division (E) of 3086
section 4503.042, division (B) of section 4503.07, division (C)(1) 3087
of section 4503.10, division (D) of section 4503.182, division (A) 3088
of section 4503.19, division (D)(2) of section 4507.24, division 3089
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11, 3090
4505.111, 4506.08, 4506.09, 4507.23, 4508.05, 4513.53, and 5502.12 3091
of the Revised Code, and the taxes charged in section 4503.65 that 3092
are distributed in accordance with division (A)(2) of section 3093
4501.044 of the Revised Code unless otherwise designated by law, 3094
shall be deposited in the state treasury to the credit of the 3095
state highway safety fund, which is hereby created, and. Money 3096
credited to the fund shall, after receipt of certifications from 3097
the commissioners of the sinking fund certifying that there are 3098
sufficient moneys to the credit of the highway obligations bond 3099
retirement fund created by section 5528.32 of the Revised Code to 3100
meet in full all payments of interest, principal, and charges for 3101
the retirement of highway obligations issued pursuant to Section 3102
2i of Article VIII, Ohio Constitution, and sections 5528.30 and 3103
5528.31 of the Revised Code due and payable during the current 3104
calendar year, be used for the purpose of enforcing and paying the 3105
expenses of administering the law relative to the registration and 3106
operation of motor vehicles on the public roads or highways. 3107
Amounts credited to the fund may also be used to pay the expenses 3108
of administering and enforcing the laws under which such fees were 3109
collected. All investment earnings of the state highway safety 3110
fund shall be credited to the fund.3111

       Sec. 4503.03.  (A)(1)(a) The registrar of motor vehicles may 3112
designate the county auditor in each county a deputy registrar. If 3113
the population of a county is forty thousand or less according to 3114
the last federal census and if the county auditor is designated by 3115
the registrar as a deputy registrar, no other person need be 3116
designated in the county to act as a deputy registrar.3117

       (b) The registrar may designate a clerk of a court of common 3118
pleas as a deputy registrar if the population of the county is 3119
forty thousand or less according to the last federal census. In a 3120
county with a population greater than forty thousand but not more 3121
than fifty thousand according to the last federal census, the 3122
clerk of a court of common pleas is eligible to act as a deputy 3123
registrar and may participate in the competitive selection process 3124
for the award of a deputy registrar contract by applying in the 3125
same manner as any other person. All fees collected and retained 3126
by a clerk for conducting deputy registrar services shall be paid 3127
into the county treasury to the credit of the certificate of title 3128
administration fund created under section 325.33 of the Revised 3129
Code.3130

       (c) In all other instances, the registrar shall contract with 3131
one or more other persons in each county to act as deputy 3132
registrars. Notwithstanding the county population restrictions in 3133
division (A)(1)(b) of this section, if no person applies to act 3134
under contract as a deputy registrar in a county and the county 3135
auditor is not designated as a deputy registrar, the registrar may 3136
ask the clerk of a court of common pleas to serve as the deputy 3137
registrar for that county.3138

       (2) Deputy registrars shall accept applications for the 3139
annual license tax for any vehicle not taxed under section 4503.63 3140
of the Revised Code and shall assign distinctive numbers in the 3141
same manner as the registrar. Such deputies shall be located in 3142
such locations in the county as the registrar sees fit. There 3143
shall be at least one deputy registrar in each county.3144

       Deputy registrar contracts are subject to the provisions of 3145
division (B) of section 125.081 of the Revised Code.3146

       (B) The registrar shall not contract with any person to act 3147
as a deputy registrar if the person or, where applicable, the 3148
person's spouse or a member of the person's immediate family has 3149
made, within the current calendar year or any one of the previous 3150
three calendar years, one or more contributions totaling in excess 3151
of one hundred dollars to any person or entity included in 3152
division (A)(2) of section 4503.033 of the Revised Code. As used 3153
in this division, "immediate family" has the same meaning as in 3154
division (D) of section 102.01 of the Revised Code, and "entity" 3155
includes any political party and any "continuing association" as 3156
defined in division (B)(4) of section 3517.01 of the Revised Code 3157
or "political action committee" as defined in division (B)(8) of 3158
that section that is primarily associated with that political 3159
party. For purposes of this division, contributions to any 3160
continuing association or any political action committee that is 3161
primarily associated with a political party shall be aggregated 3162
with contributions to that political party.3163

       The contribution limitations contained in this division do 3164
not apply to any county auditor or clerk of a court of common 3165
pleas. A county auditor or clerk of a court of common pleas is not 3166
required to file the disclosure statement or pay the filing fee 3167
required under section 4503.033 of the Revised Code. The 3168
limitations of this division also do not apply to a deputy 3169
registrar who, subsequent to being awarded a deputy registrar 3170
contract, is elected to an office of a political subdivision.3171

       The registrar shall not contract with either of the following 3172
to act as a deputy registrar:3173

       (1) Any elected public official other than a county auditor 3174
or, as authorized by division (A)(1)(b) of this section, a clerk 3175
of a court of common pleas, acting in an official capacity, except 3176
that, the registrar shall continue and may renew a contract with 3177
any deputy registrar who, subsequent to being awarded a deputy 3178
registrar contract, is elected to an office of a political 3179
subdivision;3180

       (2) Any person holding a current, valid contract to conduct 3181
motor vehicle inspections under section 3704.14 of the Revised 3182
Code.3183

       As used in division (B) of this section, "political 3184
subdivision" has the same meaning as in section 3501.01 of the 3185
Revised Code.3186

       (C)(1) Except as provided in division (C)(2) of this section, 3187
deputy registrars are independent contractors and neither they nor 3188
their employees are employees of this state, except that nothing 3189
in this section shall affect the status of county auditors or 3190
clerks of courts of common pleas as public officials, nor the 3191
status of their employees as employees of any of the counties of 3192
this state, which are political subdivisions of this state. Each 3193
deputy registrar shall be responsible for the payment of all 3194
unemployment compensation premiums, all workers' compensation 3195
premiums, social security contributions, and any and all taxes for 3196
which the deputy registrar is legally responsible. Each deputy 3197
registrar shall comply with all applicable federal, state, and 3198
local laws requiring the withholding of income taxes or other 3199
taxes from the compensation of the deputy registrar's employees. 3200
Each deputy registrar shall maintain during the entire term of the 3201
deputy registrar's contract a policy of business liability 3202
insurance satisfactory to the registrar and shall hold the 3203
department of public sa