As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 533

Representatives McGregor, Mallory 

Cosponsors: Representatives Rosenberger, Stautberg, Terhar, Wachtmann, Pillich, Adams, R., Becker, Beck, Reece, Driehaus, Derickson, Barnes, Buchy, Maag 

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A BILL

To amend sections 5501.44, 5501.70, 5501.71, 5501.73,

1

5501.78, 5531.11, 5531.12, 5531.13, 5531.14,

2

5531.15, 5531.16, and 5739.02 and to enact

3

sections 5531.141, 5531.142, 5531.143, 5531.144,

4

5531.145, 5531.146, 5531.147, 5531.148, and

5

5531.149 of the Revised Code to provide that a

6

toll project may include the substantial

7

reconstruction or replacement of an existing

8

toll-free highway, bridge, or tunnel, to amend the

9

law governing public-private agreements relative

10

to transportation facilities, and to provide for

11

the collection of user fees on toll projects by

12

toll project operators.

13

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

Section 1. That sections 5501.44, 5501.70, 5501.71, 5501.73,	14
5501.78, 5531.11, 5531.12, 5531.13, 5531.14, 5531.15, 5531.16, and	15
5739.02 be amended and sections 5531.141, 5531.142, 5531.143,	16
5531.144, 5531.145, 5531.146, 5531.147, 5531.148, and 5531.149 of	17
the Revised Code be enacted to read as follows:	18

Sec. 5501.44.  (A)(1) Notwithstanding section 5735.27 of the	19
Revised Code, the director of transportation, when the director	20
determines it in the interest of the welfare and safety of the	21
citizens of Ohio, may enter into agreements with other states or	22
subdivisions thereof or the United States relative to the	23
cooperation in the repair, maintenance, or construction of a	24
bridge crossing a stream that forms a boundary line of this state,	25
and may expend state highway funds for said purpose.	26

(1) NoExcept as provided in division (A)(3) of this section,	27
no such agreement shall be made that obligates this state to	28
expend more than the cost of the construction of such portion of	29
said bridge as is located within the state, and not more than	30
fifty per cent of the cost of maintenance of any such bridge, and	31
no such agreement shall be made that obligates the state in excess	32
of three hundred thousand dollars in any one year for maintenance.	33

(2) Notwithstanding division (A)(1) of this section, the	34
director may expend funds for the design, construction,	35
inspection, maintenance, repair, and replacement of bridge and	36
bridge approaches for the bridge that were transferred from the	37
Ohio bridge commission to the control of the state of Ohio,	38
department of transportation, as provided in Section 4 of Amended	39
Substitute House Bill No. 98 of the 114th general assembly.	40
Following the replacement of that bridge, the director may expend	41
funds for the design, construction, inspection, maintenance,	42
repair, and replacement of bridge and bridge approaches.	43

(3) Notwithstanding division (A)(1) of this section, the	44
director may enter into an agreement with another state for the	45
replacement, improvement, rehabilitation, operation, and	46
maintenance of a bridge or system of bridges that carries an	47
interstate highway over the Ohio river to another state, and for	48
the replacement, improvement, rehabilitation, operation, and	49
maintenance of roadways providing for ingress to and egress from	50
that bridge or system of bridges. However, no such agreement shall	51
obligate this state to expend more than fifty per cent of the	52
total project costs.	53

(4) Any such agreementsagreement that is entered into under	54
this section shall be approved by the governor and attorney	55
general of the state before they become effective.	56

(4)(5) Each agreement entered into shall designate	57
responsibility for inspection, provide for annual inspection, and	58
require that a report of each inspection be filed with the	59
department of transportation. The director, with regard to all	60
existing bridges or other bridges on a stream that forms a	61
boundary line of this state, shall take all reasonable measures to	62
obtain and to secure the filing of a copy of each inspection	63
report for each bridge with the department of transportation.	64

(5)(6) The department, upon hearing that a bridge across the	65
Ohio river is scheduled to be closed by a contiguous state, shall	66
make all reasonable efforts to notify the Ohio residents likely to	67
be adversely affected by that closing. The department also shall	68
cooperate and communicate with contiguous states in trying to	69
resolve bridge closing problems.	70

(B)(1) The director, when the director considers it in the	71
interest of the welfare and safety of the citizens of Ohio, may	72
enter into agreements with other states, subdivisions thereof,	73
metropolitan planning organizations, or the United States,	74
relative to the design, construction, operation, maintenance, and	75
repair of a regional traffic management system, and may expend	76
state and federal highway funds for such purposes, notwithstanding	77
any other provision of the Revised Code.	78

(2) No such agreement shall be made that obligates this state	79
to expend more than the cost of construction of such portion of a	80
regional traffic management system as is located within the state,	81
and not more than a proportional amount, based upon the system	82
presence in this state, for costs of design, operation,	83
maintenance, and repair.	84

(3) Any such agreements shall be approved by the governor and	85
attorney general of the state before they become effective.	86

(4) As used in division (B) of this section, "regional	87
traffic management system" means an integrated, high-technology	88
system to provide remote control center surveillance and	89
monitoring of the regional freeways and main arterial routes in	90
order to reduce and eliminate major backups and delays to	91
motorists in the area.	92

Sec. 5501.70.  As used in sections 5501.70 to 5501.83 of the	93
Revised Code:	94

(A) "Affected jurisdiction" means any unit of government	95
within the state in which all or part of a transportation facility	96
is located or any other public entity directly affected by the	97
transportation facility.	98

(B) "Force majeure" means an uncontrollable force or natural	99
disaster not within the power of the operator or the state.	100

(C) "Maintenance" includes routine maintenance, major	101
maintenance, and any other categories of maintenance that may be	102
designated by the department of transportation.	103

(D) "Material default" means any failure of an operator to	104
perform any duties under a public-private agreement that	105
jeopardizes delivery of adequate service to the public and remains	106
unsatisfied after a reasonable period of time and after the	107
operator has received written notice from the department of the	108
failure.	109

(E) "Operate" means any action to maintain, repair, improve,	110
equip, or modify a transportation facility.	111

(F) "Operator" means a private entity that has entered into a	112
public-private agreement under sections 5501.71 to 5501.83 of the	113
Revised Code.	114

(G) "Private entity" means any natural person, corporation,	115
general partnership, limited liability company, limited	116
partnership, joint venture, business trust, public benefit	117
corporation, nonprofit entity, or other business entity.	118

(H) "Public-private agreement" means the agreement between a	119
private entity and the department that relates to the development,	120
financing, maintenance, or operation of a transportation facility	121
subject to sections 5501.70 to 5501.83 of the Revised Code.	122

(I) "Public-private initiative" means an arrangement between	123
the department and one or more private entities, the terms of	124
which are stated in a public-private agreement, that provides for	125
all of the following:	126

(1) Acceptance of a private contribution, including a money	127
payment, for a project or service for a transportation facility;	128

(2) Sharing of resources and the means of providing a project	129
or service for a transportation facility;	130

(3) Cooperation in researching, developing, and implementing	131
projects or services for a transportation facility.	132

(J) "Transportation facility" has the same meaning as in	133
section 5501.01 of the Revised Code and also includes a tunnel,	134
ferry, port facility on navigable waters that are used for	135
commerce, intermodal facility, or similar facility open to the	136
public and used for the transportation of persons or goods, and	137
any building, structure, parking area, or other appurtenances or	138
property needed to operate a transportation facility that is	139
subject to a public-private agreement.	140

(K) "User fee" means a rate, toll, fee, or other charge	141
established under section 5531.14 of the Revised Code and imposed	142
by an operator for use of all or part of a transportation facility	143
in accordance with that section.	144

(L) "Utility" means a privately, publicly, or cooperatively	145
owned line, facility, or system for producing, transmitting, or	146
distributing communications, cable television, power, electricity,	147
light, heat, gas, oil, crude products, water, steam, waste, storm	148
water not connected with highway drainage, alternative or	149
renewable energy sources such as wind or solar, or any other	150
similar commodity, including a fire or police signal system or	151
street lighting system that directly or indirectly serves the	152
public.	153

Sec. 5501.71.  (A) The department of transportation may	154
solicit, receive, consider, evaluate, and accept a proposal for a	155
public-private initiative.	156

(B) In soliciting and selecting a private entity with which	157
to enter into a public-private initiative, the department shall	158
use one or both of the following:	159

(1) Sealed bidding;

160

(2) Selection of proposals, with or without negotiations,	161
based on qualifications, best value, or both.	162

(C) The department shall consider the following factors in	163
evaluating and selecting a bid or proposal to enter into a	164
public-private initiative:	165

(1) The ability of the transportation facility to improve	166
safety, reduce congestion, increase capacity, and promote economic	167
growth;	168

(2) The extent that the private entity's proposal addresses	169
the needs identified in the appropriate state, regional, or local	170
transportation plan by improving safety, reducing congestion,	171
increasing capacity, or enhancing economic efficiency and the	172
private entity's proposal is on the transportation improvement	173
program for the affected metropolitan planning organization or the	174
state transportation improvement program;	175

(3) The proposed cost of and financial plan for the	176
transportation facility;	177

(4) The general reputation, qualifications, industry	178
experience, and financial capacity of the private entity;	179

(5) The proposed design, operation, and feasibility of the	180
transportation facility;	181

(6) Comments from local citizens and affected jurisdictions;

182

(7) Benefits to the public and the affected transportation	183
facility;	184

(8) The safety record of the private entity;

185

(9) Any other criteria that the department considers	186
appropriate.	187

(D) The department may select multiple private entities with	188
which to enter a public-private agreement for a transportation	189
facility if it is in the public interest to do so.	190

(E) The department shall select a private entity or entities	191
for a public-private initiative on a competitive basis.	192

(F) Any materials or data submitted to, made available to, or	193
received by the director of transportation, to the extent that the	194
material or data consist of trade secrets, as defined in section	195
1333.61 of the Revised Code, are confidential and are not public	196
records for the purposes of section 149.43 of the Revised Code.	197
Financial information received by the director that is related to	198
a proposal is confidential and not a public record for purposes of	199
section 149.43 of the Revised Code until such time as a proposal	200
is selected. Prior to submission of a solicited proposal, a	201
private entity may request a review by the department of	202
information that the private entity has identified as	203
confidential, to determine whether such information would be	204
subject to disclosure under section 149.43 of the Revised Code.	205

(G)(1) The department may reimburse a private entity for a	206
portion of the actual costs the entity incurred in submitting a	207
proposal for a public-private initiative that was solicited by the	208
department under this section. When considering the reimbursement	209
of such costs, the director shall describe in the request for	210
proposals for a specific public-private initiative the specific	211
terms and conditions for reimbursing a private entity. The	212
director may include in the terms and conditions a requirement	213
that the private entity execute an agreement to transfer to the	214
department the rights to the use of the work product contained in	215
the proposal in exchange for receiving the reimbursement.	216

(2) The director shall make all decisions related to the	217
reimbursement of a specific private entity and related to the	218
maximum amount of the reimbursement. However, the department shall	219
not reimburse a private entity if that entity enters into the	220
public-private agreement that is the subject of the solicited	221
proposal. The reimbursement of costs under division (G) of this	222
section is exempt from the requirements of Chapter 125. of the	223
Revised Code and sections 127.16 and 127.162 of the Revised Code.	224

(3) Except as otherwise provided in writing by the	225
department, if the solicitation or negotiation process is	226
suspended, discontinued, or terminated, a private entity has no	227
right to reimbursement of any costs associated directly or	228
indirectly with the solicited proposal.	229

Sec. 5501.73.  (A) After selecting a solicited or unsolicited	230
proposal for a public-private initiative, the department of	231
transportation shall enter into a public-private agreement for a	232
transportation facility with the selected private entity or any	233
configuration of private entities. An affected jurisdiction may be	234
a party to a public-private agreement entered into by the	235
department and a selected private entity or combination of private	236
entities.	237

(B) A public-private agreement under this section shall	238
provide for all of the following:	239

(1) Planning, acquisition, financing, development, design,	240
construction, reconstruction, replacement, improvement,	241
maintenance, management, repair, leasing, or operation of a	242
transportation facility;	243

(2) Term of the public-private agreement;

244

(3) Type of property interest, if any, the private entity	245
will have in the transportation facility;	246

(4) A specific plan to ensure proper maintenance of the	247
transportation facility throughout the term of the agreement and a	248
return of the facility to the department, if applicable, in good	249
condition and repair;	250

(5) Whether user fees, administrative fees, or other charges	251
will be collected onfor use of the transportation facility in	252
accordance with sections 5531.11 to 5531.18 of the Revised Code	253
and the basis by which such user fees, administrative fees, or	254
other charges shall be determined and modified;	255

(6) Compliance with applicable federal, state, and local	256
laws;	257

(7) Grounds for termination of the public-private agreement	258
by the department or operator;	259

(8) Disposition of the facility upon completion of the	260
agreement;	261

(9) Procedures for amendment of the agreement.;

262

(10) A contract performance bond in an amount specified by	263
the director of transportation, conditioned upon the private	264
entity performing the work in accordance with the agreed upon	265
terms, within the time prescribed, and in conformance with any	266
other such terms and conditions as are specified by the director;	267

(11) A payment bond in an amount specified by the director,	268
conditioned upon the payment for all labor, work performed, and	269
materials furnished in connection with the agreement and any other	270
such terms and conditions as are specified by the director.	271

(C) A public-private agreement under this section may provide	272
for any of the following:	273

(1) Review and approval by the department of the operator's	274
plans for the development and operation of the transportation	275
facility;	276

(2) Inspection by the department of construction of or	277
improvements to the transportation facility;	278

(3) Maintenance by the operator of a policy of liability	279
insurance or self-insurance;	280

(4) Filing by the operator, on a periodic basis, of	281
appropriate financial statements in a form acceptable to the	282
department;	283

(5) Filing by the operator, on a periodic basis, of traffic	284
reports in a form acceptable to the department;	285

(6) Financing obligations of the operator and the department;

286

(7) Apportionment of expenses between the operator and the	287
department;	288

(8) Rights and duties of the operator, the department, and	289
other state and local governmental entities with respect to use of	290
the transportation facility;	291

(9) Rights and remedies available in the event of default or	292
delay;	293

(10) Terms and conditions of indemnification of the operator	294
by the department;	295

(11) Assignment, subcontracting, or other delegation of	296
responsibilities of the operator or the department under the	297
agreement to third parties, including other private entities and	298
other state agencies;	299

(12) Sale or lease to the operator of private property	300
related to the transportation facility;	301

(13) Traffic enforcement and other policing issues, including	302
any reimbursement by the private entity for such services.	303

(D)(1) The director of transportation may include in any	304
public-private agreement under sections 5501.70 to 5501.83 of the	305
Revised Code a provision authorizing a binding dispute resolution	306
method for any controversy subsequently arising out of the	307
contract. The binding dispute resolution method may proceed only	308
upon agreement of all parties to the controversy. If all parties	309
do not agree to proceed to a binding dispute resolution, a party	310
having a claim against the department shall exhaust its	311
administrative remedies specified in the public-private agreement	312
prior to filing any action against the department in the court of	313
claims.	314

No appeal from the determination of a technical expert lies	315
to any court, except that the court of common pleas of Franklin	316
County may issue an order vacating such a determination upon the	317
application of any party to the binding dispute resolution if any	318
of the following applies:	319

(a) The determination was procured by corruption, fraud, or	320
undue means.	321

(b) There was evidence of partiality or corruption on the	322
part of the technical expert.	323

(c) The technical expert was guilty of misconduct in refusing	324
to postpone the hearing, upon sufficient cause shown, or in	325
refusing to hear evidence pertinent and material to the	326
controversy, or of any other misbehavior by which the rights of	327
any party have been prejudiced.	328

(2) As used in this division, "binding dispute resolution"	329
means a binding determination after review by a technical expert	330
of all relevant items, which may include documents, and by	331
interviewing appropriate personnel and visiting the project site	332
involved in the controversy. "Binding dispute resolution" does not	333
involve representation by legal counsel or advocacy by any person	334
on behalf of any party to the controversy.	335

(E) No public-private agreement entered into under this	336
section shall be construed to transfer to a private entity the	337
director's authority to appropriate property under Chapters 163.,	338
5501., and 5519. of the Revised Code.	339

(F) Money collected by the department pursuant to an	340
agreement entered into under this section shall be deposited into	341
the state treasury to the credit of the highway operating fund	342
unless the agreement is related to a toll project under sections	343
5531.11 to 5531.18 of the Revised Code, in which case the money	344
shall be deposited as specified in the agreement.	345

(G) Chapter 5525. of the Revised Code does not apply to	346
public-private agreements under sections 5501.70 to 5501.83 of the	347
Revised Code.	348

Sec. 5501.78.  A transportation facility and any tangible	349
personal property used exclusively with a transportation facility	350
that is owned by the department of transportation and leased,	351
licensed, financed, or otherwise conveyed to an operator, or that	352
is acquired, constructed, or otherwise provided by an operator on	353
behalf of the department, is exempt from all ad valorem property	354
taxes and special assessments levied against property by the state	355
or any political subdivision of the state. Building and	356
construction materials that will be incorporated into a	357
transportation facility pursuant to a public-private agreement are	358
exempt from the taxes imposed under Chapters 5739. and 5741. of	359
the Revised Code.	360

Sec. 5531.11.  As used in sections 5531.11 to 5531.18 of the	361
Revised Code:	362

(A) "Administrative fee" means a fee imposed by a toll	363
project operator for toll collection, processing, and related	364
activities.	365

(B) "Cost" means all costs of constructing, improving,	366
repairing, maintaining, administering, financing, and operating	367
the Ohio transportation system, including all costs payable with	368
respect to permanent improvements as described in division (B) of	369
section 133.15 of the Revised Code.	370

(C) "Electronic-monitoring system" means any form of	371
electronic or other vehicle sensor or identifying device that	372
automatically produces one or more photographs, one or more	373
microphotographs, a videotape, recorded images, or other form of	374
identifying data of each vehicle at the time it is used or	375
operated on a toll project.	376

(D) "Governmental agency" means any state agency, federal	377
agency, political subdivision, or other local, interstate, or	378
regional governmental agency, and any combination of those	379
agencies.	380

(E) "Highway project" means any project intended for the	381
highway purpose of supporting the state highway system. A highway	382
project, whether publicly or privately owned, is a state	383
infrastructure project as defined in section 5531.10 of the	384
Revised Code for all purposes of that section and section 5531.09	385
of the Revised Code and also is a transportation facility as	386
defined in section 5501.01 of the Revised Code.	387

"State highway system" or "system" means all existing and	388
future transportation projects constructed, operated, repaired,	389
maintained, administered, and operated under the jurisdiction of	390
the department of transportation, including toll projects and	391
highway projects.	392

(F) "Motor vehicle certificate of registration issuance	393
prevention order" means, relative to the registered owner of a	394
motor vehicle, an order that prohibits the registrar of motor	395
vehicles and any deputy registrar from doing both of the	396
following:	397

(1) Accepting any application for a new or renewal motor	398
vehicle certificate of registration in the name of the registered	399
owner;	400

(2) Issuing or renewing any motor vehicle certificate of	401
registration for a motor vehicle that utilized a toll project for	402
which the required user fee or associated administrative fee was	403
not paid by the registered owner of that motor vehicle.	404

(G) "Public roads" means all public highways, roads, and	405
streets in the state, whether maintained by a state agency or any	406
other governmental agency.	407

(H) "Public utility facilities" means tracks, pipes, mains,	408
conduits, cables, wires, towers, poles, and other equipment and	409
appliances of any public utility.	410

(I) "Registered owner" means all of the following:

411

(1) Any person or entity identified by the bureau of motor	412
vehicles or any other state motor vehicle bureau, department, or	413
office as the owner of a motor vehicle;	414

(2) The lessee of a motor vehicle pursuant to a lease of six	415
months or longer;	416

(3) The renter of a motor vehicle pursuant to a written	417
rental agreement with a motor vehicle renting dealer.	418

(J) "Revenues" means all nontax revenues coming into the	419
possession of or under the control of the department by virtue of	420
sections 5531.11 to 5531.18 of the Revised Code. "Revenues" does	421
not include proceeds from the sale of obligations but does include	422
tollsuser fees, service revenues, investment income on the Ohio	423
toll fund established in section 5531.14 of the Revised Code,	424
rentals, gifts, and grants.	425

(K) "Service facilities" means service stations, restaurants,	426
and other facilities for food service, roadside parks and rest	427
areas, parking, camping, tenting, rest, and sleeping facilities,	428
hotels or motels, and all similar and other facilities providing	429
services to the traveling public in connection with the use of a	430
toll project and owned, leased, licensed, or operated by the	431
department of transportation.	432

(L) "Service revenues" means those revenues of the department	433
derived from its ownership, leasing, licensing, or operation of	434
service facilities.	435

(M) "State highway system" or "system" means all existing and	436
future transportation projects constructed, operated, repaired,	437
maintained, administered, and operated under the jurisdiction of	438
the department of transportation, including toll projects and	439
highway projects.	440

(N) "Toll project" means any project that adds new capacity,	441
including construction on existing highways, bridges, or tunnels	442
where construction increases the total number of lanes, including	443
toll and nontoll lanes, and does not decrease the total number of	444
nontoll lanes at each mile. "Toll project" also means, subject to	445
division (C) of section 5531.12 of the Revised Code, any project	446
that involves substantial reconstruction, resurfacing,	447
restoration, rehabilitation, or replacement of a toll or toll-free	448
highway, bridge, or tunnel, including an existing highway, bridge,	449
or tunnel, and conversion of the highway, bridge, or tunnel to a	450
toll project; conversion of an existing highway, bridge, or tunnel	451
to a toll project; initial construction of a highway, bridge, or	452
tunnel as a toll project; or conversion of a high occupancy	453
vehicle lane on a highway, bridge, or tunnel to a toll project.	454
"Toll project" also includes new interchanges constructed for	455
economic development purposes connecting an interstate highway or	456
a multi-lane, fully controlled-access highway that was not	457
connected previously with other interstates, state highways and	458
local roads, and any new high occupancy lane or new highways	459
connecting an intermodal facility established, constructed,	460
reconstructed, maintained, repaired, administered, operated, or	461
improved, under the jurisdiction of the department of	462
transportation and. "Toll project" also includes, pursuant to	463
sections 5531.11 to 5531.18 of the Revised Code, at a location or	464
locations determined by the director of transportation, including	465
all bridges, tunnels, overpasses, underpasses, interchanges,	466
entrance plazas, approaches, and those portions of connecting	467
public roads that serve interchanges and are determined by the	468
director to be necessary for the safe merging of traffic between	469
the toll project and those nontolled public roads, toll booths,	470
service facilities, and administration, storage, and other	471
buildings, property, and facilities that the department considers	472
necessary for the operation or policing of the toll project,	473
together with all property and rights that may be acquired by the	474
department for the construction, maintenance, repair,	475
administration, improvement, or operation of the toll project, and	476
includes any sections or extensions of a toll project designated	477
by the department as such for the particular purpose. Nothing in	478
this section shall be construed to permit tolls to be charged on	479
existing nontoll highways.	480

(O) "Toll project operator" means the department or any	481
agency, political subdivision, authority, or other entity that	482
operates a toll project, including a private entity that operates	483
a toll project pursuant to a public-private agreement authorized	484
by sections 5501.70 to 5501.83 of the Revised Code.	485

(P) "TollsUser fee" means tollsa rate, special fees or	486
permit feestoll, fee, or other charges by the department to the	487
owners, lessors, lessees, operators of motor vehicles, or other	488
users ofcharge imposed by a toll project for the operation or	489
use of or the right to operate onoperator for use of all or part	490
of a transportation facility, including a toll project. "User fee"	491
also includes any such rate, toll, fee, or other charge imposed by	492
a toll project operator pursuant to a public-private agreement	493
authorized by sections 5501.70 to 5501.83 of the Revised Code.	494

Sec. 5531.12.  (A) In order to remove present and anticipated	495
handicaps and potential hazards on the highways in this state, to	496
facilitate vehicular traffic throughout the state, to promote the	497
agricultural, commercial, recreational, tourism, and industrial	498
development of the state, and to provide for the general welfare	499
of its citizens, the director of transportation may approve toll	500
projects. Any revenue derived from toll projects shall be used	501
only for purposes of the toll project, including a toll project or	502
any aspect of a toll project pursuant to a public-private	503
agreement authorized by sections 5501.70 to 5501.83 of the Revised	504
Code, and shall not be expended for any purpose other than as	505
provided in Section 5a of Article XII, Ohio Constitution. The toll	506
projects authorized by sections 5531.11 to 5531.18 of the Revised	507
Code are part of the state highway system.	508

(B) Any toll project shall be developed and submitted for	509
selection in accordance with the policies and procedures of the	510
major new capacity selection process of the transportation review	511
advisory council, created under Chapter 5512. of the Revised Code.	512
Each toll project may be separately designated, by name or number,	513
and may be constructed, improved, or reconstructed as the	514
department of transportation may from time to time determine	515
pursuant to sections 5531.11 to 5531.18 of the Revised Code. A	516
toll project shall be considered a state infrastructure project as	517
defined in section 5531.10 of the Revised Code for all purposes of	518
that section and section 5531.09 of the Revised Code and also is a	519
transportation facility as defined in section 5501.01 of the	520
Revised Code.	521

(C) Nothing in this chapter shall be construed to permit	522
tollsuser fees to be charged on existing nontoll public roads.	523
This division does not apply to user fees charged for the use of a	524
toll project that consists of the replacement, improvement,	525
rehabilitation, operation, and maintenance of a bridge or system	526
of bridges that carries an interstate freeway over the Ohio river	527
to another state, and for the replacement, improvement,	528
rehabilitation, operation, and maintenance of the roadways that	529
provide ingress to and egress from such a bridge or system of	530
bridges, generally following the route of that interstate freeway.	531

Sec. 5531.13.  (A) The director of transportation may acquire	532
or dispose of any public or private property or interests therein	533
that the director determines to be necessary, convenient, or	534
proper for the construction, improvement, repair, maintenance,	535
administration, or operation of toll projects in the same manner	536
as the director may acquire or dispose of such property for	537
transportation facilities or highway purposes, under sections	538
5501.311 to 5501.34 and 5501.45 and Chapter 5519. of the Revised	539
Code.	540

(B) The director may enter into any contracts the director	541
determines to be necessary, convenient, or proper for the	542
construction, improvement, repair, maintenance, administration, or	543
operation of toll projects in the manner provided in Chapter 5525.	544
of the Revised Code or pursuant to a public-private agreement	545
under sections 5501.70 to 5501.83 of the Revised Code.	546

(C) The director may enter into any professional contracts	547
the director determines to be necessary, convenient, or proper for	548
the construction, improvement, repair, maintenance,	549
administration, or operation of toll projects in the manner	550
provided in Chapter 5526. of the Revised Code or pursuant to a	551
public-private agreement under sections 5501.70 to 5501.83 of the	552
Revised Code.	553

(D) TollsUser fees and accounts within the Ohio toll fund	554
established in section 5531.14 of the Revised Code may be used for	555
the acquisition of property under division (A) of this section or	556
pursuant to contracts entered into under division (B) or (C) of	557
this section to the same extent permitted by section 5531.14 of	558
the Revised Code with respect to obligations.	559

Sec. 5531.14.  (A) To the extent permitted by federal law,	560
the director of transportation may fix, revise, charge, and	561
collect tollsuser fees for each toll project, and contract with	562
any person or governmental agency desiring the use of any part	563
thereof, including the right-of-way adjoining the paved portion,	564
for placing thereon telephone, electric light, or power lines,	565
service facilities, or for any other purpose, and fix the terms,	566
conditions, rents, and rates of charge for such use; provided,	567
that no tolluser fee, charge, or rental may be made for placing	568
in, on, along, over, or under the toll project, equipment or	569
public utility facilities that are necessary to serve service	570
facilities or to interconnect any public utility facilities.	571

A toll project operator shall display signs that identify the	572
applicable user fees, including fees for motor vehicles that do	573
not have an active, functioning electronic toll collection device	574
registered for and in use in the vehicle. The toll project	575
operator shall erect or otherwise display signs in advance of the	576
toll project at locations that are of distances that are	577
sufficient to notify motor vehicle operators of the opportunity to	578
exit the street or highway on which they are traveling before the	579
street or highway becomes, becomes part of, or otherwise leads to	580
the toll project and for the use of which user fees apply.	581

(B) In accordance with Chapter 119. of the Revised Code, the	582
director shall establish a plan, schedule, or system of tollsuser	583
fees or charges and shall declare the purpose, amount, and	584
duration of the tollsuser fees or charges. Any proposal to	585
implement a tolluser fee or other charge under this section may	586
include a plan, schedule, or system of tolls or charges that is	587
subject to adjustment by the director within and in accordance	588
with that plan, schedule, or system.	589

(B) For any toll imposed under this section, the department	590
of transportation may use a system for toll collection that is	591
capable of charging an account holder the appropriate toll or	592
charge by transmission of information from an electronic device on	593
a motor vehicle to the toll lane, which information is used to	594
charge the account holder the appropriate toll or charge.	595

(C) One or more tolls, or a portion of any toll, may be	596
pledged to the repayment of obligations in the bond proceedings	597
for those obligations and shall be a pledged receipt for those	598
obligations to the extent pledged in those bond proceedings.	599

(D) TollsThe director, in accordance with Chapter 119. of	600
the Revised Code, also may adopt such additional rules as the	601
director determines necessary for the establishment, collection,	602
and enforcement of user fees and administrative fees, including	603
the purpose, amount, and duration of the fees.	604

(C) One or more user fees, or a portion of any user fees, may	605
be pledged to the repayment of obligations in the bond proceedings	606
for those obligations and shall be a pledged receipt for those	607
obligations to the extent pledged in those bond proceedings. One	608
or more user fees, or a portion of any user fees, also may be	609
pledged to the repayment of obligations under any public-private	610
agreement or related financing as provided in sections 5501.70 to	611
5501.83 of the Revised Code.	612

(D) User fees shall be so fixed and adjusted by the director	613
as to provide funds at least sufficient with other revenues of the	614
Ohio transportation system, if any, to pay all of the following:	615

(1) Any bonddebt service charges on obligations issued to	616
pay costs of one or more toll projects as such charges become due	617
and payable;	618

(2) Together with any other amounts available for such	619
purpose, any obligations under any public-private agreement	620
entered into in connection with a toll project as such amounts	621
become due and payable;	622

(3) The cost of maintaining, improving, repairing,	623
constructing, financing and operating toll projects within the	624
interstate system or the state highway system and its different	625
parts and sections, and to create and maintain any reserves for	626
those purposes.	627

(E) Except as provided in division (F) of this section, money	628
received from tolls imposed under this sectionuser fees, other	629
than those received pursuant to a public-private agreement, which	630
shall be deposited in accordance with such agreement, shall be	631
deposited to the credit of the Ohio toll fund, which is hereby	632
created in the state treasury. The treasurer of state may	633
establish separate subaccounts within the Ohio toll fund as	634
determined to be necessary or convenient to pay costs of	635
constructing, improving, repairing, maintaining, administering,	636
and operating toll projects within the state highway system. Any	637
remaining money deposited into the Ohio toll fund shall be used at	638
the discretion of the director to support construction,	639
improvement, repair, maintenance, administration, and operation	640
costs for approved toll projects and highway projects within one	641
mile of a toll project. All investment earnings of the fund shall	642
be credited to the fund.	643

(F) The issuing authority shall, by the fifteenth day of July	644
of each fiscal year, shall certify or cause to be certified to the	645
department of transportation and the office of budget and	646
management the total amount of money required during the current	647
fiscal year to meet in full all bonddebt service charges and	648
otherwise comply with the requirements of any applicable bond	649
proceedings and all obligations under any public-private agreement	650
relating to a toll project as provided in sections 5501.70 to	651
5501.83 of the Revised Code. The issuing authority shall make or	652
cause to be made supplemental certifications to the department of	653
transportation and the office of budget and management for each	654
bond service payment date and at such other times during each	655
fiscal year as may be provided in the applicable bond proceedings	656
proceeding or public-private agreement or required by that	657
department or office. Bond service charges, costs of credit	658
enhancement facilities, other financing costs, and any other	659
amounts required under the applicable bond proceedings and all	660
amounts required under any applicable public-private agreement	661
shall be set forth separately in each certification. Money	662
received from tollsuser fees and other pledged receipts shall be	663
deposited to the credit of the bond service fund at such times and	664
in such amounts as are necessary to satisfy all those payment	665
requirements of the applicable bond proceedings. When allor to	666
the credit of any fund established for such purpose under any	667
public-private agreement. At such time that bond service charges	668
on all outstanding bonds issued in connection with any toll	669
project and the interest on the bonds have been paid, or a	670
sufficient amount for the payment of all such bonds and the	671
interest on the bonds to the maturity of the bonds has been set	672
aside in trust for the benefit of the bondholders, as provided in	673
the applicable bond proceedings, and at such time as all amounts	674
due and to become due pursuant to a public-private agreement,	675
which are payable from user fees, have been paid, the project	676
shall be operated, improved, and maintained by the department of	677
transportation as a part of the state highway system and shall be	678
free of tollsuser fees.	679

Sec. 5531.141. (A) The department of transportation may	680
collect a user fee by utilizing a system of collection that is	681
capable of charging an account holder the appropriate user fee by	682
transmission of information from an electronic toll collection	683
device on a motor vehicle. In addition, for any motor vehicle that	684
does not use an electronic toll collection device, the department	685
may utilize an electronic-monitoring system for user fee	686
collection.	687

(B)(1) If a motor vehicle uses a toll project and the user	688
fee is not paid through an electronic toll collection device or	689
otherwise, the toll project operator first shall use the	690
electronic-monitoring system for the toll project to determine if	691
the registered owner of the motor vehicle has established an	692
account for the payment of the user fee. If such an account has	693
been established, the toll project operator shall charge the	694
account holder the appropriate user fee. If the toll project	695
operator cannot locate an established account, or if the toll	696
project operator locates an established account but the account	697
cannot be charged the appropriate user fee, the toll project	698
operator may send by regular first class mail an invoice for the	699
unpaid user fee. The toll project operator shall include with the	700
invoice the information described in section 5531.143 of the	701
Revised Code. The toll project operator shall send the invoice to	702
the registered owner of the motor vehicle as shown in the records	703
of either of the following:	704

(a) The bureau of motor vehicles;

705

(b) The department, division, bureau, office, or other unit	706
of government of any other state or jurisdiction that is	707
functionally equivalent to the bureau of motor vehicles.	708

(2) With respect to any user fee and any associated	709
administrative fee, the toll project operator, in the toll project	710
operator's sole discretion, may determine not to pursue collection	711
of that user fee or administrative fee or to terminate collection	712
measures in relation to that user fee or administrative fee.	713

Sec. 5531.142. (A) A person or entity that receives an	714
invoice under section 5531.141 of the Revised Code or a late	715
notice under division (C) of this section shall do one of the	716
following:	717

(1) Pay the user fee and any administrative fee set forth in	718
the invoice or late notice directly to the toll project operator	719
within thirty-five days after the date of mailing of the invoice	720
or late notice;	721

(2) File with the toll project operator a notice to contest	722
liability for the unpaid user fee within thirty-five days after	723
the date of the mailing of the invoice or late notice by utilizing	724
the form provided with the invoice or late notice under section	725
5531.143 of the Revised Code;	726

(3) If the registered owner is a motor vehicle leasing dealer	727
or a motor vehicle renting dealer, notify the toll project	728
operator within thirty-five days after the date of mailing of the	729
invoice or late notice of the name and address of the person who	730
was the lessee or renter of the motor vehicle at the time the user	731
fee was incurred. A motor vehicle leasing dealer or a motor	732
vehicle renting dealer that receives an invoice or late notice	733
shall not pay a user fee or any administrative fee and	734
subsequently attempt to collect a fee or assess the lessee or	735
renter a charge in excess of the amount actually paid on behalf of	736
the lessee or renter.	737

(B) Upon receipt of the name and address of the lessee or	738
renter of a motor vehicle provided by a motor vehicle leasing	739
dealer or motor vehicle renting dealer under division (A)(3) of	740
this section, the toll project operator shall send an invoice to	741
the lessee or renter of the motor vehicle as described in section	742
5531.141 of the Revised Code. The toll project operator shall send	743
all subsequent late notices for the unpaid user fees to the lessee	744
or renter, and the motor vehicle renting or leasing dealer has no	745
further liability for unpaid user fees or administrative fees	746
under this chapter.	747

(C) If a registered owner fails to pay or contest an invoice	748
within thirty-five days after the date of mailing of the invoice,	749
the toll project operator may send to the registered owner by	750
regular first class mail a late notice containing the information	751
described in section 5531.143 of the Revised Code. The toll	752
project operator may charge an administrative fee for each late	753
notice, the purpose of which is to enable the toll project	754
operator to recover the expenses of collecting the unpaid user	755
fee. The director of transportation shall establish the amount of	756
the administrative fee by rule.	757

Sec. 5531.143. A toll project operator shall include with	758
each invoice and late notice all of the following:	759

(A) The registered owner's name and current known address;

760

(B) Descriptions and amounts of all user fees and	761
administrative fees assessed;	762

(C) A request for payment within thirty-five days after the	763
date of mailing of such invoice or late notice;	764

(D) A warning of the potential consequences for failing to	765
pay the total amount due as indicated in such invoice or late	766
notice, including additional fees and penalties, potential court	767
summons, and inability to renew motor vehicle registrations;	768

(E) Information for disputing the invoice or late notice and	769
a form that a person may use to file a notice to contest liability	770
for a user fee or administrative fee;	771

(F) Contact information for the customer service center for	772
the applicable toll project; and	773

(G) Information about obtaining an electronic toll collection	774
device and establishing an electronic toll collection account.	775

Sec. 5531.144.  (A) The registered owner of a motor vehicle	776
that utilizes a toll project is liable for payment of the	777
applicable user fee.	778

(B)(1) If the registered owner, in response to an invoice	779
mailed to the registered owner under section 5531.141 of the	780
Revised Code or a late notice mailed under section 5531.142 of the	781
Revised Code, submits a notice to contest liability for the user	782
fee or any administrative fee, the toll project operator shall	783
schedule a hearing at which the registered owner may contest	784
liability for the user fee or administrative fee. The toll project	785
operator shall send written notice by regular first class mail to	786
the registered owner listing the time and date of the hearing. A	787
hearing officer of the toll project operator shall preside over	788
the hearing and shall hold the hearing not later than thirty-five	789
days after the date of mailing of the hearing notice. The hearing	790
officer shall conduct the hearing at a location within the county	791
in which the toll project is located. The registered owner may	792
present evidence at the hearing as to the reasons why the	793
registered owner is not liable for payment of the user fee or	794
administrative fee.	795

At the hearing, the hearing officer shall determine if the	796
registered owner is liable for the payment of any user fee or	797
administrative fee.	798

(2) Upon a finding by the hearing officer that the registered	799
owner is not liable for payment of the user fee or administrative	800
fee, the hearing officer shall enter that finding into the records	801
of the toll project operator and cancel the invoice.	802

(3) If the hearing officer finds that the registered owner is	803
liable for payment of the user fee or any administrative fee, the	804
hearing officer shall enter that finding into the records of the	805
toll project operator. If payment in full is not made upon	806
completion of the hearing, the hearing officer shall notify the	807
registrar of motor vehicles of the hearing officer's decision that	808
the registered owner is liable for payment of the user fee or any	809
administrative fee. The hearing officer also shall include with	810
the notification to the registrar a motor vehicle certificate of	811
registration issuance prevention order. The hearing officer shall	812
give the registered owner a copy of the order. The order remains	813
in effect until the toll project operator notifies the registrar	814
that all unpaid user fees and administrative fees have been paid	815
in full.	816

If the hearing officer finds that the registered owner is	817
liable for payment of the user fee or any administrative fee and	818
the registered owner resides in another state, the hearing officer	819
shall send notice of the hearing officer's decision to the	820
department, division, bureau, office, or other unit of government	821
that is functionally equivalent to the bureau of motor vehicles.	822
The hearing officer shall include with the notice the registration	823
prevention order, which shall have the same effect in another	824
state or jurisdiction as in this state.	825

(4) If the registered owner does not pay all unpaid user fees	826
and administrative fees within thirty-five days after the date of	827
the hearing officer's decision that the registered owner is liable	828
for payment of such fees, and the registered owner does not file	829
an appeal described in division (C) of this section within that	830
same thirty-five-day time period, the toll project operator may	831
file a civil suit against the registered owner in the municipal	832
court or county court having jurisdiction over the location of the	833
toll project as provided in section 5531.146 of the Revised Code.	834

(C)(1) The registered owner may appeal an adverse finding by	835
the hearing officer to the municipal court or county court having	836
jurisdiction over the location of the toll project within	837
thirty-five days after the date of the hearing officer's decision	838
that the registered owner is liable for payment of such fees. If	839
the registered owner fails to file an appeal with the municipal	840
court or county court within that time period, the registered	841
owner is considered to have waived the registered owner's right to	842
appeal the decision of the hearing officer. After that time period	843
has expired, the toll project operator may file a civil suit	844
against the registered owner in the municipal court or county	845
court having jurisdiction over the location of the toll project as	846
provided in section 5531.146 of the Revised Code.	847

Upon the filing of a timely appeal by the registered owner,	848
the clerk of the municipal court or county court shall notify the	849
registrar of the filing of the appeal by the registered owner. The	850
motor vehicle certificate of registration issuance prevention	851
order is automatically stayed pending the results of the appeal in	852
the municipal court or county court.	853

(2) At the appeal hearing, the municipal court or county	854
court shall determine whether the registered owner is liable for	855
the payment of any user fee or administrative fee. If the court	856
finds that the registered owner is not liable for payment of the	857
user fee or administrative fee, the court shall issue a ruling to	858
that effect and cancel the invoice. The toll project operator	859
immediately shall inform the registrar of the ruling and shall	860
direct the registrar to cancel the motor vehicle certificate of	861
registration issuance prevention order issued under division	862
(B)(3) of this section.	863

If the court finds that the registered owner is liable for	864
payment of the user fee or any administrative fee, the court shall	865
issue a ruling to that effect. If the court issues such a ruling	866
and payment in full is not made to the toll project operator upon	867
completion of the appeal hearing, the toll project operator shall	868
inform the registrar of motor vehicles of the ruling and the	869
failure by the registered owner to make payment in full. In that	870
circumstance, the stay of the motor vehicle certificate of	871
registration issuance prevention order described in division	872
(C)(1) of this section terminates and the order becomes effective.	873
In addition, if the registered owner fails to pay in full the user	874
fee and any administrative fee within thirty-five days after the	875
date the court issues the ruling, the toll project operator may	876
file a civil suit against the registered owner in the municipal	877
court or county court having jurisdiction over the location of the	878
toll project as provided in section 5531.146 of the Revised Code.	879

If, upon completion of the appeal hearing, the registered	880
owner makes payment in full to the toll project operator of all	881
user fees and administrative fees that the court ruled the	882
registered owner was liable for payment, the toll project operator	883
shall inform the registrar of motor vehicles of the ruling and the	884
payment in full by the registered owner and direct the registrar	885
to cancel the motor vehicle certificate of registration issuance	886
prevention order.	887

(D) If the registered owner fails to pay an invoice and any	888
administrative fee and fails to submit a notice to contest	889
liability for any of those fees within thirty-five days after the	890
date of mailing of the invoice, the toll project operator may send	891
a late notice to the registered owner as provided in division (C)	892
of section 5531.142 of the Revised Code. If, in response to the	893
late notice, the registered owner submits a notice to contest	894
liability for the user fee and any administrative fee within	895
thirty-five days after the date of mailing of the late notice, the	896
toll project operator shall schedule and hold a hearing as	897
described in division (B)(1) of this section. Divisions (B)(2),	898
(3), and (4) and (C)(1) and (2) of this section apply to such a	899
hearing.	900

Sec. 5531.145. (A) If the toll project operator sends a late	901
notice to the registered owner and the registered owner, within	902
thirty-five days after the date of mailing of the late notice,	903
fails to pay the user fee and any administrative fee contained in	904
the late notice and fails to submit a notice to contest liability	905
for any of those fees, the toll project operator may do either of	906
the following:	907

(1) Issue a motor vehicle certificate of registration	908
issuance prevention order to the registrar of motor vehicles and	909
send a copy of the order to the registered owner. If the	910
registered owner resides in another state or jurisdiction, the	911
toll project operator shall send the order to the department,	912
division, bureau, office, or other unit of government that is	913
functionally equivalent to the bureau of motor vehicles. The order	914
shall have the same effect in another state or jurisdiction as in	915
this state.	916

(2) File a civil suit against the registered owner in the	917
municipal court or county court having jurisdiction over the	918
location of the toll project as provided in section 5531.146 of	919
the Revised Code.	920

(B) If the toll project operator sends a motor vehicle	921
certificate of registration issuance prevention order to the	922
registrar under division (A)(1) of this section, the registered	923
owner may file a request for a hearing in the municipal court or	924
county having jurisdiction over the location of the toll project	925
within thirty-five days after the date the toll project operator	926
sends the order to the registrar. The order shall remain in effect	927
pending the results of the hearing in the municipal court or	928
county court. If the registered owner fails to file an appeal with	929
the municipal court or county court within that thirty-five-day	930
period, the registered owner is considered to have waived the	931
registered owner's right to appeal the issuance of the motor	932
vehicle certificate of registration issuance prevention order. The	933
toll project operator may file a civil suit against the registered	934
owner in the municipal court or county court having jurisdiction	935
over the location of the toll project as provided in section	936
5531.146 of the Revised Code.	937

(C)(1) If an appeal hearing is requested under division (B)	938
of this section, the municipal court or county court shall	939
determine whether the registered owner is liable for the payment	940
of any user fee or administrative fee and whether the issuance by	941
the toll project operator of the motor vehicle certificate of	942
registration issuance prevention order was valid. If the court	943
finds that the registered owner is not liable for payment of the	944
user fee or administrative fee, the court shall issue a ruling to	945
that effect and dismiss the late notice. The toll project operator	946
immediately shall inform the registrar of the ruling and shall	947
direct the registrar to cancel the motor vehicle certificate of	948
registration issuance prevention order issued under division	949
(A)(1) of this section.	950

(2) If the court finds that the registered owner is liable	951
for payment of the user fee or any administrative fee and that the	952
issuance by the toll project operator of the motor vehicle	953
certificate of registration issuance prevention order was valid,	954
the court shall issue a ruling to that effect. If the court issues	955
such a ruling and payment in full is not made to the toll project	956
operator upon completion of the appeal hearing, the toll project	957
operator shall inform the registrar of motor vehicles of the	958
ruling and the failure by the registered owner to make payment in	959
full, and the motor vehicle certificate of registration issuance	960
prevention order issued under division (A)(1) of this section	961
remains in effect.	962

(3) If the court finds that the registered owner is liable	963
for payment of the user fee or any administrative fee but the	964
issuance by the toll project operator of the motor vehicle	965
certificate of registration issuance prevention order was not	966
valid, the court shall issue a ruling to that effect. If the court	967
issues such a ruling, the toll project operator shall inform the	968
registrar of the ruling and direct the registrar to cancel the	969
motor vehicle certificate of registration issuance prevention	970
order. The registered owner remains liable for payment of the user	971
fee or any administrative fee. The toll project operator may	972
reissue the motor vehicle certificate of registration issuance	973
prevention order. If the toll project operator reissues the order,	974
the registered owner may appeal the order as provided in division	975
(B) of this section.	976

(4) If, upon completion of the appeal hearing, the registered	977
owner pays in full to the toll project operator all user fees and	978
administrative fees for which the court ruled the registered owner	979
was liable, the toll project operator shall inform the registrar	980
of the ruling and the payment in full by the registered owner. The	981
toll project operator also shall direct the registrar to cancel	982
the motor vehicle certificate of registration issuance prevention	983
order.	984

(5) If the court rules under division (C)(2) or (3) of this	985
section that the registered owner is liable for payment of the	986
user fee or any administrative fee, and the registered owner does	987
not pay all such fees within thirty-five days after the court	988
issues the ruling, the toll project operator may file a civil suit	989
against the registered owner in the municipal court or county	990
court having jurisdiction over the location of the toll project as	991
provided in section 5531.146 of the Revised Code.	992

(D) At any time after a toll project operator issues an order	993
under division (A)(1) of this section, the registered owner may	994
pay all user fees and administrative fees owed to the toll project	995
operator. If such payment is made, the toll project operator shall	996
inform the registrar of the payment and shall direct the registrar	997
to cancel the motor vehicle certificate of registration prevention	998
order.	999

Sec. 5531.146.  (A)(1) As provided in sections 5531.144 and	1000
5531.145 of the Revised Code, a toll project operator may file a	1001
civil suit against a registered owner in the municipal court or	1002
county court having jurisdiction over the location of the toll	1003
project. The toll project operator also shall file all related	1004
documentation and information described in section 5531.143 of the	1005
Revised Code with the clerk of the municipal court or county	1006
court.	1007

Except as otherwise provided in division (A)(2) of this	1008
section, the toll project operator shall not file such a suit	1009
earlier than thirty-five days after the date of mailing of a late	1010
notice to the registered owner.	1011

(2) In a circumstance in which a registered owner is liable	1012
for multiple user fees and any associated administrative fees	1013
involving one or more motor vehicles, the toll project operator	1014
may file a civil suit addressing all such user fees and	1015
administrative fees; provided, no such suit shall include fees	1016
incurred more than one hundred twenty-five days prior to the date	1017
of filing of such suit.	1018

(3) The clerk of the municipal court or county court shall	1019
execute a summons regarding a suit filed under division (A)(1) of	1020
this section by sending a copy of the summons in accordance with	1021
the rules of civil procedure to the address of the registered	1022
owner of the vehicle as shown in the records of the bureau of	1023
motor vehicles, as identified and provided by a motor vehicle	1024
leasing dealer or motor vehicle renting dealer, or as shown in the	1025
records of the department, division, bureau, office, or other unit	1026
of government of any other state or jurisdiction that is	1027
functionally equivalent to the bureau of motor vehicles. The	1028
issuance of such a summons constitutes sufficient notice to the	1029
registered owner.	1030

The summons shall compel the appearance of the registered	1031
owner to appear in the municipal court or county court, and shall	1032
include notice of the time and place of the trial as well as the	1033
potential civil penalty and costs for such violation. The summons	1034
also shall include a statement that the registered owner's motor	1035
vehicle utilized a toll project and therefore the registered owner	1036
incurred liability for payment of the applicable user fee as	1037
provided in division (A) of section 5531.144 of the Revised Code	1038
and also shall list the Revised Code citation for that section.	1039
The summons constitutes sufficient notice to the registered owner	1040
that the vehicle was used on a toll project and, as a result, the	1041
registered owner is liable for payment of the user fee.	1042

(B) Proof that a motor vehicle utilized a toll project and	1043
therefore the registered owner of the motor vehicle is liable for	1044
payment of the applicable user fee shall be evidenced by either or	1045
both of the following:	1046

(1) Information and documentation obtained from an	1047
electronic-monitoring system or electronic toll collection system;	1048

(2) A certificate confirming the identification of the	1049
vehicle issued by a toll project operator that is based on an	1050
inspection of photographs, microphotographs, videotapes, other	1051
recorded images or identifying data produced by an	1052
electronic-monitoring system, or through electronic data collected	1053
by an electronic toll collection system.	1054

The certificate and the documentation attached thereto are	1055
prima facie evidence of the facts contained therein. The court	1056
shall ensure that the certificate and any photographs,	1057
microphotographs, videotapes, or other recorded images or	1058
electronic data evidencing liability for payment of the applicable	1059
user fee are available for inspection in any proceeding to	1060
adjudicate the liability for payment of the user fee.	1061

(C)(1) A registered owner is not liable for a user fee and it	1062
is a complete defense to a cause of action asserting such	1063
liability if within thirty-five days after the mailing of the	1064
invoice, late notice, or a summons, the registered owner of the	1065
motor vehicle produces for the toll project operator or the court	1066
a certified copy of a report of a law enforcement agency showing	1067
both of the following:	1068

(a) The motor vehicle had been reported stolen prior to the	1069
time that the motor vehicle utilized the toll project.	1070

(b) The motor vehicle had remained stolen at the time of the	1071
alleged violation.	1072

(2) The court shall dismiss the case against a registered	1073
owner when divisions (C)(1)(a) and (b) apply.	1074

(D) The toll project operator may offer to the registered	1075
owner the option to pay the unpaid user fee and any administrative	1076
fee, as specified in the summons, plus a reduced civil penalty,	1077
provided that the registered owner actually pays to the toll	1078
project operator the entire amount so calculated not less than	1079
fourteen days prior to the scheduled trial date. The toll project	1080
operator shall establish a schedule for reduced civil penalties	1081
that are offered to registered owners pursuant to this division,	1082
and the toll project operator shall adhere to the schedule when	1083
making such offers. The toll project operator may revise the	1084
schedule from time to time as the toll project operator determines	1085
necessary.	1086

If the registered owner accepts the offer and the toll	1087
project operator receives the entire amount not less than fourteen	1088
days prior to the scheduled trial date, the toll project operator	1089
shall move the court, not less than five business days prior to	1090
the trial date, to dismiss the summons issued to the registered	1091
owner. Upon such a motion, the court shall dismiss the summons and	1092
dismiss the case.	1093

(E)(1) Upon a finding by the municipal court or county court	1094
that the registered owner is liable for payment of the user fee as	1095
provided in division (A) of section 5531.144 of the Revised Code,	1096
the court shall order the registered owner to pay all applicable	1097
court costs, user fees due, and administrative fees. The court	1098
also shall impose a civil penalty upon the registered owner, as	1099
follows:	1100

(a) For a first instance, as shown in the records of the toll	1101
project operator, in which the registered owner was liable for	1102
payment of a user fee and the registered owner did not pay the	1103
user fee and did not submit a timely notice to contest the user	1104
fee and the toll project operator sent both an invoice and a late	1105
notice to the registered owner, seventy-five dollars;	1106

(b) For a second instance as described in division (E)(1)(a)	1107
of this section within one year of a first such instance, one	1108
hundred fifty dollars;	1109

(c) For a third instance as described in division (E)(1)(a)	1110
of this section within two years of a second such instance, two	1111
hundred fifty dollars;	1112

(d) For a fourth or subsequent instance as described in	1113
division (E)(1)(a) of this section within three years of a third	1114
such instance, five hundred dollars.	1115

(2) The clerk of the municipal court or county court shall	1116
pay all user fees, administrative fees, and penalties the court	1117
assesses and collects under this section to the department of	1118
transportation for deposit into the state treasury to the credit	1119
of the highway operating fund or for payment by the department in	1120
accordance with a public-private agreement pursuant to sections	1121
5501.70 to 5501.83 of the Revised Code.	1122

(F)(1) Upon a finding by a court that the registered owner is	1123
liable for payment of a user fee as provided in division (A) of	1124
section 5531.144 of the Revised Code, the court shall issue a	1125
motor vehicle certificate of registration issuance prevention	1126
order. The order shall remain in effect until the court has	1127
notified the registrar that all unpaid user fees, administrative	1128
fees, and civil penalties have been paid in full and the court has	1129
issued a new order rescinding its previous order. The registrar	1130
and all deputy registrars shall comply with the order.	1131

(2) If the registered owner resides in another state or	1132
jurisdiction, the court shall issue a motor vehicle certificate of	1133
registration issuance prevention order and send a copy of the	1134
order to the department, division, bureau, office, or other unit	1135
of government of another state or jurisdiction that is	1136
functionally equivalent to the bureau of motor vehicles for	1137
enforcement in that other state or jurisdiction. The order shall	1138
have the same effect in another state or jurisdiction as in this	1139
state.	1140

(G)(1) A civil penalty imposed pursuant to this section shall	1141
not be made part of the driving record of the person upon whom	1142
such civil penalty is imposed, nor shall it be considered in any	1143
manner for insurance purposes in the provision of motor vehicle	1144
insurance coverage.	1145

(2) No person shall be subject to both this section and to	1146
criminal prosecution under any provision of the Revised Code or	1147
any rule adopted thereunder for nonpayment of user fees or related	1148
administrative fees.	1149

Sec. 5531.147. A toll project operator shall not initiate	1150
collection procedures that are regulated by federal law against a	1151
registered owner in any of the following circumstances:	1152

(A) During the thirty-five-day period after the date of	1153
mailing of an invoice or a late notice to the registered owner;	1154

(B) The registered owner has timely submitted a notice to	1155
contest liability for a user fee or any administrative fee to the	1156
toll project operator. The toll project operator may initiate	1157
collection procedures that are regulated by federal law against	1158
such a registered owner if, at the hearing conducted by the	1159
hearing officer described in section 5533.144 of the Revised Code,	1160
the hearing officer finds that the registered owner is liable for	1161
payment of the user fee or administrative fee at issue and the	1162
registered owner does not pay the fee at issue in full within	1163
thirty-five days after the hearing officer makes the finding.	1164

(C) The registered owner has filed a request for an appeal	1165
hearing with the municipal court or county court having	1166
jurisdiction over the location of the toll project. The toll	1167
project operator may initiate collection procedures that are	1168
regulated by federal law against such a registered owner if, at	1169
the appeal hearing conducted by the municipal court or county	1170
court described in section 5533.144 of the Revised Code, the court	1171
finds that the registered owner is liable for payment of the user	1172
fee or administrative fee at issue and the registered owner does	1173
not pay the fee at issue in full within thirty-five days after the	1174
court issues a ruling to that effect.	1175

(D) The toll project operator has filed a civil suit against	1176
the registered owner in the municipal court or county court having	1177
jurisdiction over the location of the toll project.	1178

Sec. 5531.148. (A) A toll project operator may enter into an	1179
agreement with the bureau of motor vehicles and the department,	1180
division, bureau, office, or other unit of government of any other	1181
state or jurisdiction that is functionally equivalent to the	1182
bureau of motor vehicles to obtain motor vehicle owner and	1183
registration information that is necessary to conduct electronic	1184
toll collection and electronic monitoring.	1185

(B)(1) A toll project operator shall ensure that information	1186
collected by an electronic toll collection device, an	1187
electronic-monitoring system in conjunction with an electronic	1188
toll collection system, or under division (A) of this section is	1189
limited solely to that information that is necessary for the	1190
collection of unpaid user fees and administrative fees; necessary	1191
to establish liability of the registered owner of a motor vehicle	1192
for payment of a user fee as provided in division (A) of section	1193
5531.144 of the Revised Code; or necessary in any proceeding to	1194
establish or confirm such liability.	1195

(2) A toll project operator shall ensure that all images or	1196
other data collected by an electronic toll collection device, an	1197
electronic-monitoring system, or under division (A) of this	1198
section are:	1199

(a) Maintained in a protected database with security that is	1200
at least comparable to the security used for databases operated by	1201
the department of transportation;	1202

(b) Used solely for the collection of unpaid user fees and	1203
administrative fees.	1204

(3) All of the following apply to the images and other data	1205
described in division (B)(2) of this section:	1206

(a) The images and other data are not public records under	1207
section 149.43 of the Revised Code.	1208

(b) A toll project operator or any other person shall not	1209
sell or use the images and data for sales, solicitation, or	1210
marketing purposes. Division (B)(3)(b) of this section does not	1211
prohibit the department of transportation or the toll project	1212
operator from using the images and data to facilitate collection	1213
or payment of user fees and administrative fees.	1214

(c) A toll project operator or any other person shall not	1215
disclose the images and data to any other entity except to a	1216
registered owner who contests liability for and challenges the	1217
imposition of a user fee or administrative fee; or except as may	1218
be necessary for the collection of unpaid user fees or	1219
administrative fees.	1220

(d) The images and data shall not be used in any court in a	1221
pending action or proceeding except upon an order from a court of	1222
competent jurisdiction or unless the action or proceeding relates	1223
to the liability of the registered owner of a motor vehicle for	1224
payment of a user fee as provided in division (A) of section	1225
5531.144 of the Revised Code.	1226

(4)(a) Except as otherwise provided in this section, a toll	1227
project operator shall not retain any images or other data	1228
collected by an electronic toll collection device, an	1229
electronic-monitoring system, or under division (A) of this	1230
section and shall purge, write over, or otherwise eliminate, from	1231
existence the images or other data not later than one hundred	1232
eighty days after the collection of any unpaid user fees or	1233
administrative fees. Upon request from the director of	1234
transportation, any entity operating an electronic toll collection	1235
system or electronic-monitoring system in conjunction with an	1236
electronic toll collection system shall certify compliance with	1237
this section and, upon request, shall make all records pertaining	1238
to such system available for inspection and audit by the director	1239
or the director's designee.	1240

(b) No entity operating an electronic toll collection system	1241
or electronic-monitoring system in conjunction with an electronic	1242
toll collection system shall fail to certify compliance with this	1243
section or fail, upon request, to make all records pertaining to	1244
such system available for inspection and audit by the director or	1245
the director's designee.	1246

(5) Whoever violates division (B)(4)(b) of this section is	1247
guilty of a minor misdemeanor on a first offense and a misdemeanor	1248
of the fourth degree on each subsequent offense.	1249

Sec. 5531.149. The director of transportation may enter into	1250
an agreement with the department, division, bureau, office, or	1251
other unit of government of any other state or jurisdiction that	1252
is functionally equivalent to the department of transportation or	1253
the bureau of motor vehicles for the purpose of enforcing sections	1254
5531.11 to 5531.18 of the Revised Code with respect to the	1255
registered owner of a motor vehicle that is titled or registered	1256
in such other state or jurisdiction and utilizes a toll project.	1257
The agreement may provide for the denial in such other state or	1258
jurisdiction of the issuance of a new or renewal motor vehicle	1259
certificate of registration in the name of that person and the	1260
denial of any motor vehicle certificate of registration for the	1261
motor vehicle that utilized a toll project for which the required	1262
user fee or associated administrative fee was not paid by the	1263
registered owner.	1264

Sec. 5531.15.  (A) The director of transportation, in	1265
accordance with Chapter 119. of the Revised Code, may adopt such	1266
rules as the director considers advisable for the control and	1267
regulation of traffic on any toll project, for the protection and	1268
preservation of property under the jurisdiction and control of the	1269
department of transportation, for the maintenance and preservation	1270
of good order within the property under its control, and for the	1271
purpose of establishing owner or operator liability for failure to	1272
comply with toll collection rules.	1273

(B) The rules shall provide that public police officersall	1274
of the following persons shall be afforded ready access, while in	1275
the performance of their official duties, to all property under	1276
the jurisdiction of the department of transportation and without	1277
the payment of tollsany user fee:	1278

(1) Public police officers;

1279

(2) Operators of municipal, township, county, and state	1280
maintenance vehicles;	1281

(3) Operators of United States military vehicles traveling in	1282
a convoy;	1283

(4) Operators of official emergency response vehicles.

1284

(C) No person shall violate any such rules of the department	1285
of transportation.	1286

(D)(1) All fines collected for the violation of applicable	1287
laws of the state and the rules of the department of	1288
transportation or money arising from bonds forfeited for such	1289
violation shall be disposed of in accordance with section 5503.04	1290
of the Revised Code.	1291

(2) All fees or charges assessed by the department of	1292
transportation in accordance with this section against an owner or	1293
operator of a vehicle as a civil violation for failure to comply	1294
with toll collection rules shall be revenues of the department.	1295

Sec. 5531.16.  (A) Each toll project shall be maintained and	1296
kept in good condition and repair by the department of	1297
transportation or in accordance with the terms of a public-private	1298
agreement pursuant to sections 5501.70 to 5501.83 of the Revised	1299
Code. Toll projects shall be operated by toll collectors and other	1300
employees and agents that the department employs or contracts for.	1301
Toll projects shall be policed by the state highway patrol in	1302
accordance with section 5503.02 of the Revised Code; provided,	1303
that the state highway patrol also shall enforce all rules of the	1304
department adopted under division (A) of section 5531.15 of the	1305
Revised Code that relate to the operation and use of vehicles on a	1306
toll project and that are punishable under division (A) of section	1307
5531.99 of the Revised Code.	1308

(B) An action for damages against the state for any public or	1309
private property damaged or destroyed in carrying out the powers	1310
granted by sections 5531.11 to 5531.18 of the Revised Code shall	1311
be filed in the court of claims pursuant to Chapter 2743. of the	1312
Revised Code.	1313

(C) All governmental agencies may lease, lend, grant, or	1314
convey to the department of transportation at its request, upon	1315
terms that the proper authorities of the governmental agencies	1316
consider reasonable and fair and without the necessity for an	1317
advertisement, order of court, or other action or formality, other	1318
than the regular and formal action of the authorities concerned,	1319
any property that is necessary or convenient to the effectuation	1320
of the purposes of sections 5531.11 to 5531.18 of the Revised	1321
Code, including public roads and other property already devoted to	1322
public use.	1323

(D) Each bridge constituting part of a toll project shall be	1324
considered a bridge on the state highway system for purposes of	1325
sections 5501.47 and 5501.49 of the Revised Code.	1326

(E) In accordance with Chapter 5501. of the Revised Code, the	1327
department of transportation shall make an annual report of its	1328
toll project activities for the preceding calendar year to the	1329
governor and the general assembly.	1330

Sec. 5739.02.  For the purpose of providing revenue with	1331
which to meet the needs of the state, for the use of the general	1332
revenue fund of the state, for the purpose of securing a thorough	1333
and efficient system of common schools throughout the state, for	1334
the purpose of affording revenues, in addition to those from	1335
general property taxes, permitted under constitutional	1336
limitations, and from other sources, for the support of local	1337
governmental functions, and for the purpose of reimbursing the	1338
state for the expense of administering this chapter, an excise tax	1339
is hereby levied on each retail sale made in this state.	1340

(A)(1) The tax shall be collected as provided in section	1341
5739.025 of the Revised Code. The rate of the tax shall be five	1342
and three-fourths per cent. The tax applies and is collectible	1343
when the sale is made, regardless of the time when the price is	1344
paid or delivered.	1345

(2) In the case of the lease or rental, with a fixed term of	1346
more than thirty days or an indefinite term with a minimum period	1347
of more than thirty days, of any motor vehicles designed by the	1348
manufacturer to carry a load of not more than one ton, watercraft,	1349
outboard motor, or aircraft, or of any tangible personal property,	1350
other than motor vehicles designed by the manufacturer to carry a	1351
load of more than one ton, to be used by the lessee or renter	1352
primarily for business purposes, the tax shall be collected by the	1353
vendor at the time the lease or rental is consummated and shall be	1354
calculated by the vendor on the basis of the total amount to be	1355
paid by the lessee or renter under the lease agreement. If the	1356
total amount of the consideration for the lease or rental includes	1357
amounts that are not calculated at the time the lease or rental is	1358
executed, the tax shall be calculated and collected by the vendor	1359
at the time such amounts are billed to the lessee or renter. In	1360
the case of an open-end lease or rental, the tax shall be	1361
calculated by the vendor on the basis of the total amount to be	1362
paid during the initial fixed term of the lease or rental, and for	1363
each subsequent renewal period as it comes due. As used in this	1364
division, "motor vehicle" has the same meaning as in section	1365
4501.01 of the Revised Code, and "watercraft" includes an outdrive	1366
unit attached to the watercraft.	1367

A lease with a renewal clause and a termination penalty or	1368
similar provision that applies if the renewal clause is not	1369
exercised is presumed to be a sham transaction. In such a case,	1370
the tax shall be calculated and paid on the basis of the entire	1371
length of the lease period, including any renewal periods, until	1372
the termination penalty or similar provision no longer applies.	1373
The taxpayer shall bear the burden, by a preponderance of the	1374
evidence, that the transaction or series of transactions is not a	1375
sham transaction.	1376

(3) Except as provided in division (A)(2) of this section, in	1377
the case of a sale, the price of which consists in whole or in	1378
part of the lease or rental of tangible personal property, the tax	1379
shall be measured by the installments of that lease or rental.	1380

(4) In the case of a sale of a physical fitness facility	1381
service or recreation and sports club service, the price of which	1382
consists in whole or in part of a membership for the receipt of	1383
the benefit of the service, the tax applicable to the sale shall	1384
be measured by the installments thereof.	1385

(B) The tax does not apply to the following:

1386

(1) Sales to the state or any of its political subdivisions,	1387
or to any other state or its political subdivisions if the laws of	1388
that state exempt from taxation sales made to this state and its	1389
political subdivisions;	1390

(2) Sales of food for human consumption off the premises	1391
where sold;	1392

(3) Sales of food sold to students only in a cafeteria,	1393
dormitory, fraternity, or sorority maintained in a private,	1394
public, or parochial school, college, or university;	1395

(4) Sales of newspapers and sales or transfers of magazines	1396
distributed as controlled circulation publications;	1397

(5) The furnishing, preparing, or serving of meals without	1398
charge by an employer to an employee provided the employer records	1399
the meals as part compensation for services performed or work	1400
done;	1401

(6) Sales of motor fuel upon receipt, use, distribution, or	1402
sale of which in this state a tax is imposed by the law of this	1403
state, but this exemption shall not apply to the sale of motor	1404
fuel on which a refund of the tax is allowable under division (A)	1405
of section 5735.14 of the Revised Code; and the tax commissioner	1406
may deduct the amount of tax levied by this section applicable to	1407
the price of motor fuel when granting a refund of motor fuel tax	1408
pursuant to division (A) of section 5735.14 of the Revised Code	1409
and shall cause the amount deducted to be paid into the general	1410
revenue fund of this state;	1411

(7) Sales of natural gas by a natural gas company, of water	1412
by a water-works company, or of steam by a heating company, if in	1413
each case the thing sold is delivered to consumers through pipes	1414
or conduits, and all sales of communications services by a	1415
telegraph company, all terms as defined in section 5727.01 of the	1416
Revised Code, and sales of electricity delivered through wires;	1417

(8) Casual sales by a person, or auctioneer employed directly	1418
by the person to conduct such sales, except as to such sales of	1419
motor vehicles, watercraft or outboard motors required to be	1420
titled under section 1548.06 of the Revised Code, watercraft	1421
documented with the United States coast guard, snowmobiles, and	1422
all-purpose vehicles as defined in section 4519.01 of the Revised	1423
Code;	1424

(9)(a) Sales of services or tangible personal property, other	1425
than motor vehicles, mobile homes, and manufactured homes, by	1426
churches, organizations exempt from taxation under section	1427
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	1428
organizations operated exclusively for charitable purposes as	1429
defined in division (B)(12) of this section, provided that the	1430
number of days on which such tangible personal property or	1431
services, other than items never subject to the tax, are sold does	1432
not exceed six in any calendar year, except as otherwise provided	1433
in division (B)(9)(b) of this section. If the number of days on	1434
which such sales are made exceeds six in any calendar year, the	1435
church or organization shall be considered to be engaged in	1436
business and all subsequent sales by it shall be subject to the	1437
tax. In counting the number of days, all sales by groups within a	1438
church or within an organization shall be considered to be sales	1439
of that church or organization.	1440

(b) The limitation on the number of days on which tax-exempt	1441
sales may be made by a church or organization under division	1442
(B)(9)(a) of this section does not apply to sales made by student	1443
clubs and other groups of students of a primary or secondary	1444
school, or a parent-teacher association, booster group, or similar	1445
organization that raises money to support or fund curricular or	1446
extracurricular activities of a primary or secondary school.	1447

(c) Divisions (B)(9)(a) and (b) of this section do not apply	1448
to sales by a noncommercial educational radio or television	1449
broadcasting station.	1450

(10) Sales not within the taxing power of this state under	1451
the Constitution or laws of the United States or the Constitution	1452
of this state;	1453

(11) Except for transactions that are sales under division	1454
(B)(3)(r) of section 5739.01 of the Revised Code, the	1455
transportation of persons or property, unless the transportation	1456
is by a private investigation and security service;	1457

(12) Sales of tangible personal property or services to	1458
churches, to organizations exempt from taxation under section	1459
501(c)(3) of the Internal Revenue Code of 1986, and to any other	1460
nonprofit organizations operated exclusively for charitable	1461
purposes in this state, no part of the net income of which inures	1462
to the benefit of any private shareholder or individual, and no	1463
substantial part of the activities of which consists of carrying	1464
on propaganda or otherwise attempting to influence legislation;	1465
sales to offices administering one or more homes for the aged or	1466
one or more hospital facilities exempt under section 140.08 of the	1467
Revised Code; and sales to organizations described in division (D)	1468
of section 5709.12 of the Revised Code.	1469

"Charitable purposes" means the relief of poverty; the	1470
improvement of health through the alleviation of illness, disease,	1471
or injury; the operation of an organization exclusively for the	1472
provision of professional, laundry, printing, and purchasing	1473
services to hospitals or charitable institutions; the operation of	1474
a home for the aged, as defined in section 5701.13 of the Revised	1475
Code; the operation of a radio or television broadcasting station	1476
that is licensed by the federal communications commission as a	1477
noncommercial educational radio or television station; the	1478
operation of a nonprofit animal adoption service or a county	1479
humane society; the promotion of education by an institution of	1480
learning that maintains a faculty of qualified instructors,	1481
teaches regular continuous courses of study, and confers a	1482
recognized diploma upon completion of a specific curriculum; the	1483
operation of a parent-teacher association, booster group, or	1484
similar organization primarily engaged in the promotion and	1485
support of the curricular or extracurricular activities of a	1486
primary or secondary school; the operation of a community or area	1487
center in which presentations in music, dramatics, the arts, and	1488
related fields are made in order to foster public interest and	1489
education therein; the production of performances in music,	1490
dramatics, and the arts; or the promotion of education by an	1491
organization engaged in carrying on research in, or the	1492
dissemination of, scientific and technological knowledge and	1493
information primarily for the public.	1494

Nothing in this division shall be deemed to exempt sales to	1495
any organization for use in the operation or carrying on of a	1496
trade or business, or sales to a home for the aged for use in the	1497
operation of independent living facilities as defined in division	1498
(A) of section 5709.12 of the Revised Code.	1499

(13) Building and construction materials and services sold to	1500
construction contractors for incorporation into a structure or	1501
improvement to real property under a construction contract with	1502
this state or a political subdivision of this state, or with the	1503
United States government or any of its agencies; building and	1504
construction materials and services sold to construction	1505
contractors for incorporation into a structure or improvement to	1506
real property that are accepted for ownership by this state or any	1507
of its political subdivisions, or by the United States government	1508
or any of its agencies at the time of completion of the structures	1509
or improvements; building and construction materials sold to	1510
construction contractors for incorporation into a horticulture	1511
structure or livestock structure for a person engaged in the	1512
business of horticulture or producing livestock; building	1513
materials and services sold to a construction contractor for	1514
incorporation into a house of public worship or religious	1515
education, or a building used exclusively for charitable purposes	1516
under a construction contract with an organization whose purpose	1517
is as described in division (B)(12) of this section; building	1518
materials and services sold to a construction contractor for	1519
incorporation into a building under a construction contract with	1520
an organization exempt from taxation under section 501(c)(3) of	1521
the Internal Revenue Code of 1986 when the building is to be used	1522
exclusively for the organization's exempt purposes; building and	1523
construction materials sold for incorporation into the original	1524
construction of a sports facility under section 307.696 of the	1525
Revised Code; building and construction materials and services	1526
sold to a construction contractor for incorporation into real	1527
property outside this state if such materials and services, when	1528
sold to a construction contractor in the state in which the real	1529
property is located for incorporation into real property in that	1530
state, would be exempt from a tax on sales levied by that state;	1531
building and construction materials for incorporation into a	1532
transportation facility pursuant to a public-private agreement	1533
entered into under sections 5501.70 to 5501.83 of the Revised	1534
Code; and, until one calendar year after the construction of a	1535
convention center that qualifies for property tax exemption under	1536
section 5709.084 of the Revised Code is completed, building and	1537
construction materials and services sold to a construction	1538
contractor for incorporation into the real property comprising	1539
that convention center;	1540

(14) Sales of ships or vessels or rail rolling stock used or	1541
to be used principally in interstate or foreign commerce, and	1542
repairs, alterations, fuel, and lubricants for such ships or	1543
vessels or rail rolling stock;	1544

(15) Sales to persons primarily engaged in any of the	1545
activities mentioned in division (B)(42)(a), (g), or (h) of this	1546
section, to persons engaged in making retail sales, or to persons	1547
who purchase for sale from a manufacturer tangible personal	1548
property that was produced by the manufacturer in accordance with	1549
specific designs provided by the purchaser, of packages, including	1550
material, labels, and parts for packages, and of machinery,	1551
equipment, and material for use primarily in packaging tangible	1552
personal property produced for sale, including any machinery,	1553
equipment, and supplies used to make labels or packages, to	1554
prepare packages or products for labeling, or to label packages or	1555
products, by or on the order of the person doing the packaging, or	1556
sold at retail. "Packages" includes bags, baskets, cartons,	1557
crates, boxes, cans, bottles, bindings, wrappings, and other	1558
similar devices and containers, but does not include motor	1559
vehicles or bulk tanks, trailers, or similar devices attached to	1560
motor vehicles. "Packaging" means placing in a package. Division	1561
(B)(15) of this section does not apply to persons engaged in	1562
highway transportation for hire.	1563

(16) Sales of food to persons using supplemental nutrition	1564
assistance program benefits to purchase the food. As used in this	1565
division, "food" has the same meaning as in 7 U.S.C. 2012 and	1566
federal regulations adopted pursuant to the Food and Nutrition Act	1567
of 2008.	1568

(17) Sales to persons engaged in farming, agriculture,	1569
horticulture, or floriculture, of tangible personal property for	1570
use or consumption primarily in the production by farming,	1571
agriculture, horticulture, or floriculture of other tangible	1572
personal property for use or consumption primarily in the	1573
production of tangible personal property for sale by farming,	1574
agriculture, horticulture, or floriculture; or material and parts	1575
for incorporation into any such tangible personal property for use	1576
or consumption in production; and of tangible personal property	1577
for such use or consumption in the conditioning or holding of	1578
products produced by and for such use, consumption, or sale by	1579
persons engaged in farming, agriculture, horticulture, or	1580
floriculture, except where such property is incorporated into real	1581
property;	1582

(18) Sales of drugs for a human being that may be dispensed	1583
only pursuant to a prescription; insulin as recognized in the	1584
official United States pharmacopoeia; urine and blood testing	1585
materials when used by diabetics or persons with hypoglycemia to	1586
test for glucose or acetone; hypodermic syringes and needles when	1587
used by diabetics for insulin injections; epoetin alfa when	1588
purchased for use in the treatment of persons with medical	1589
disease; hospital beds when purchased by hospitals, nursing homes,	1590
or other medical facilities; and medical oxygen and medical	1591
oxygen-dispensing equipment when purchased by hospitals, nursing	1592
homes, or other medical facilities;	1593

(19) Sales of prosthetic devices, durable medical equipment	1594
for home use, or mobility enhancing equipment, when made pursuant	1595
to a prescription and when such devices or equipment are for use	1596
by a human being.	1597

(20) Sales of emergency and fire protection vehicles and	1598
equipment to nonprofit organizations for use solely in providing	1599
fire protection and emergency services, including trauma care and	1600
emergency medical services, for political subdivisions of the	1601
state;	1602

(21) Sales of tangible personal property manufactured in this	1603
state, if sold by the manufacturer in this state to a retailer for	1604
use in the retail business of the retailer outside of this state	1605
and if possession is taken from the manufacturer by the purchaser	1606
within this state for the sole purpose of immediately removing the	1607
same from this state in a vehicle owned by the purchaser;	1608

(22) Sales of services provided by the state or any of its	1609
political subdivisions, agencies, instrumentalities, institutions,	1610
or authorities, or by governmental entities of the state or any of	1611
its political subdivisions, agencies, instrumentalities,	1612
institutions, or authorities;	1613

(23) Sales of motor vehicles to nonresidents of this state	1614
under the circumstances described in division (B) of section	1615
5739.029 of the Revised Code;	1616

(24) Sales to persons engaged in the preparation of eggs for	1617
sale of tangible personal property used or consumed directly in	1618
such preparation, including such tangible personal property used	1619
for cleaning, sanitizing, preserving, grading, sorting, and	1620
classifying by size; packages, including material and parts for	1621
packages, and machinery, equipment, and material for use in	1622
packaging eggs for sale; and handling and transportation equipment	1623
and parts therefor, except motor vehicles licensed to operate on	1624
public highways, used in intraplant or interplant transfers or	1625
shipment of eggs in the process of preparation for sale, when the	1626
plant or plants within or between which such transfers or	1627
shipments occur are operated by the same person. "Packages"	1628
includes containers, cases, baskets, flats, fillers, filler flats,	1629
cartons, closure materials, labels, and labeling materials, and	1630
"packaging" means placing therein.	1631

(25)(a) Sales of water to a consumer for residential use;

1632

(b) Sales of water by a nonprofit corporation engaged	1633
exclusively in the treatment, distribution, and sale of water to	1634
consumers, if such water is delivered to consumers through pipes	1635
or tubing.	1636

(26) Fees charged for inspection or reinspection of motor	1637
vehicles under section 3704.14 of the Revised Code;	1638

(27) Sales to persons licensed to conduct a food service	1639
operation pursuant to section 3717.43 of the Revised Code, of	1640
tangible personal property primarily used directly for the	1641
following:	1642

(a) To prepare food for human consumption for sale;

1643

(b) To preserve food that has been or will be prepared for	1644
human consumption for sale by the food service operator, not	1645
including tangible personal property used to display food for	1646
selection by the consumer;	1647

(c) To clean tangible personal property used to prepare or	1648
serve food for human consumption for sale.	1649

(28) Sales of animals by nonprofit animal adoption services	1650
or county humane societies;	1651

(29) Sales of services to a corporation described in division	1652
(A) of section 5709.72 of the Revised Code, and sales of tangible	1653
personal property that qualifies for exemption from taxation under	1654
section 5709.72 of the Revised Code;	1655

(30) Sales and installation of agricultural land tile, as	1656
defined in division (B)(5)(a) of section 5739.01 of the Revised	1657
Code;	1658

(31) Sales and erection or installation of portable grain	1659
bins, as defined in division (B)(5)(b) of section 5739.01 of the	1660
Revised Code;	1661

(32) The sale, lease, repair, and maintenance of, parts for,	1662
or items attached to or incorporated in, motor vehicles that are	1663
primarily used for transporting tangible personal property	1664
belonging to others by a person engaged in highway transportation	1665
for hire, except for packages and packaging used for the	1666
transportation of tangible personal property;	1667

(33) Sales to the state headquarters of any veterans'	1668
organization in this state that is either incorporated and issued	1669
a charter by the congress of the United States or is recognized by	1670
the United States veterans administration, for use by the	1671
headquarters;	1672

(34) Sales to a telecommunications service vendor, mobile	1673
telecommunications service vendor, or satellite broadcasting	1674
service vendor of tangible personal property and services used	1675
directly and primarily in transmitting, receiving, switching, or	1676
recording any interactive, one- or two-way electromagnetic	1677
communications, including voice, image, data, and information,	1678
through the use of any medium, including, but not limited to,	1679
poles, wires, cables, switching equipment, computers, and record	1680
storage devices and media, and component parts for the tangible	1681
personal property. The exemption provided in this division shall	1682
be in lieu of all other exemptions under division (B)(42)(a) or	1683
(n) of this section to which the vendor may otherwise be entitled,	1684
based upon the use of the thing purchased in providing the	1685
telecommunications, mobile telecommunications, or satellite	1686
broadcasting service.	1687

(35)(a) Sales where the purpose of the consumer is to use or	1688
consume the things transferred in making retail sales and	1689
consisting of newspaper inserts, catalogues, coupons, flyers, gift	1690
certificates, or other advertising material that prices and	1691
describes tangible personal property offered for retail sale.	1692

(b) Sales to direct marketing vendors of preliminary	1693
materials such as photographs, artwork, and typesetting that will	1694
be used in printing advertising material; and of printed matter	1695
that offers free merchandise or chances to win sweepstake prizes	1696
and that is mailed to potential customers with advertising	1697
material described in division (B)(35)(a) of this section;	1698

(c) Sales of equipment such as telephones, computers,	1699
facsimile machines, and similar tangible personal property	1700
primarily used to accept orders for direct marketing retail sales.	1701

(d) Sales of automatic food vending machines that preserve	1702
food with a shelf life of forty-five days or less by refrigeration	1703
and dispense it to the consumer.	1704

For purposes of division (B)(35) of this section, "direct	1705
marketing" means the method of selling where consumers order	1706
tangible personal property by United States mail, delivery	1707
service, or telecommunication and the vendor delivers or ships the	1708
tangible personal property sold to the consumer from a warehouse,	1709
catalogue distribution center, or similar fulfillment facility by	1710
means of the United States mail, delivery service, or common	1711
carrier.	1712

(36) Sales to a person engaged in the business of	1713
horticulture or producing livestock of materials to be	1714
incorporated into a horticulture structure or livestock structure;	1715

(37) Sales of personal computers, computer monitors, computer	1716
keyboards, modems, and other peripheral computer equipment to an	1717
individual who is licensed or certified to teach in an elementary	1718
or a secondary school in this state for use by that individual in	1719
preparation for teaching elementary or secondary school students;	1720

(38) Sales to a professional racing team of any of the	1721
following:	1722

(a) Motor racing vehicles;

1723

(b) Repair services for motor racing vehicles;

1724

(c) Items of property that are attached to or incorporated in	1725
motor racing vehicles, including engines, chassis, and all other	1726
components of the vehicles, and all spare, replacement, and	1727
rebuilt parts or components of the vehicles; except not including	1728
tires, consumable fluids, paint, and accessories consisting of	1729
instrumentation sensors and related items added to the vehicle to	1730
collect and transmit data by means of telemetry and other forms of	1731
communication.	1732

(39) Sales of used manufactured homes and used mobile homes,	1733
as defined in section 5739.0210 of the Revised Code, made on or	1734
after January 1, 2000;	1735

(40) Sales of tangible personal property and services to a	1736
provider of electricity used or consumed directly and primarily in	1737
generating, transmitting, or distributing electricity for use by	1738
others, including property that is or is to be incorporated into	1739
and will become a part of the consumer's production, transmission,	1740
or distribution system and that retains its classification as	1741
tangible personal property after incorporation; fuel or power used	1742
in the production, transmission, or distribution of electricity;	1743
energy conversion equipment as defined in section 5727.01 of the	1744
Revised Code; and tangible personal property and services used in	1745
the repair and maintenance of the production, transmission, or	1746
distribution system, including only those motor vehicles as are	1747
specially designed and equipped for such use. The exemption	1748
provided in this division shall be in lieu of all other exemptions	1749
in division (B)(42)(a) or (n) of this section to which a provider	1750
of electricity may otherwise be entitled based on the use of the	1751
tangible personal property or service purchased in generating,	1752
transmitting, or distributing electricity.	1753

(41) Sales to a person providing services under division	1754
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	1755
personal property and services used directly and primarily in	1756
providing taxable services under that section.	1757

(42) Sales where the purpose of the purchaser is to do any of	1758
the following:	1759

(a) To incorporate the thing transferred as a material or a	1760
part into tangible personal property to be produced for sale by	1761
manufacturing, assembling, processing, or refining; or to use or	1762
consume the thing transferred directly in producing tangible	1763
personal property for sale by mining, including, without	1764
limitation, the extraction from the earth of all substances that	1765
are classed geologically as minerals, production of crude oil and	1766
natural gas, or directly in the rendition of a public utility	1767
service, except that the sales tax levied by this section shall be	1768
collected upon all meals, drinks, and food for human consumption	1769
sold when transporting persons. Persons engaged in rendering	1770
services in the exploration for, and production of, crude oil and	1771
natural gas for others are deemed engaged directly in the	1772
exploration for, and production of, crude oil and natural gas.	1773
This paragraph does not exempt from "retail sale" or "sales at	1774
retail" the sale of tangible personal property that is to be	1775
incorporated into a structure or improvement to real property.	1776

(b) To hold the thing transferred as security for the	1777
performance of an obligation of the vendor;	1778

(c) To resell, hold, use, or consume the thing transferred as	1779
evidence of a contract of insurance;	1780

(d) To use or consume the thing directly in commercial	1781
fishing;	1782

(e) To incorporate the thing transferred as a material or a	1783
part into, or to use or consume the thing transferred directly in	1784
the production of, magazines distributed as controlled circulation	1785
publications;	1786

(f) To use or consume the thing transferred in the production	1787
and preparation in suitable condition for market and sale of	1788
printed, imprinted, overprinted, lithographic, multilithic,	1789
blueprinted, photostatic, or other productions or reproductions of	1790
written or graphic matter;	1791

(g) To use the thing transferred, as described in section	1792
5739.011 of the Revised Code, primarily in a manufacturing	1793
operation to produce tangible personal property for sale;	1794

(h) To use the benefit of a warranty, maintenance or service	1795
contract, or similar agreement, as described in division (B)(7) of	1796
section 5739.01 of the Revised Code, to repair or maintain	1797
tangible personal property, if all of the property that is the	1798
subject of the warranty, contract, or agreement would not be	1799
subject to the tax imposed by this section;	1800

(i) To use the thing transferred as qualified research and	1801
development equipment;	1802

(j) To use or consume the thing transferred primarily in	1803
storing, transporting, mailing, or otherwise handling purchased	1804
sales inventory in a warehouse, distribution center, or similar	1805
facility when the inventory is primarily distributed outside this	1806
state to retail stores of the person who owns or controls the	1807
warehouse, distribution center, or similar facility, to retail	1808
stores of an affiliated group of which that person is a member, or	1809
by means of direct marketing. This division does not apply to	1810
motor vehicles registered for operation on the public highways. As	1811
used in this division, "affiliated group" has the same meaning as	1812
in division (B)(3)(e) of section 5739.01 of the Revised Code and	1813
"direct marketing" has the same meaning as in division (B)(35) of	1814
this section.	1815

(k) To use or consume the thing transferred to fulfill a	1816
contractual obligation incurred by a warrantor pursuant to a	1817
warranty provided as a part of the price of the tangible personal	1818
property sold or by a vendor of a warranty, maintenance or service	1819
contract, or similar agreement the provision of which is defined	1820
as a sale under division (B)(7) of section 5739.01 of the Revised	1821
Code;	1822

(l) To use or consume the thing transferred in the production	1823
of a newspaper for distribution to the public;	1824

(m) To use tangible personal property to perform a service	1825
listed in division (B)(3) of section 5739.01 of the Revised Code,	1826
if the property is or is to be permanently transferred to the	1827
consumer of the service as an integral part of the performance of	1828
the service;	1829

(n) To use or consume the thing transferred primarily in	1830
producing tangible personal property for sale by farming,	1831
agriculture, horticulture, or floriculture. Persons engaged in	1832
rendering farming, agriculture, horticulture, or floriculture	1833
services for others are deemed engaged primarily in farming,	1834
agriculture, horticulture, or floriculture. This paragraph does	1835
not exempt from "retail sale" or "sales at retail" the sale of	1836
tangible personal property that is to be incorporated into a	1837
structure or improvement to real property.	1838

(o) To use or consume the thing transferred in acquiring,	1839
formatting, editing, storing, and disseminating data or	1840
information by electronic publishing.	1841

As used in division (B)(42) of this section, "thing" includes	1842
all transactions included in divisions (B)(3)(a), (b), and (e) of	1843
section 5739.01 of the Revised Code.	1844

(43) Sales conducted through a coin operated device that	1845
activates vacuum equipment or equipment that dispenses water,	1846
whether or not in combination with soap or other cleaning agents	1847
or wax, to the consumer for the consumer's use on the premises in	1848
washing, cleaning, or waxing a motor vehicle, provided no other	1849
personal property or personal service is provided as part of the	1850
transaction.	1851

(44) Sales of replacement and modification parts for engines,	1852
airframes, instruments, and interiors in, and paint for, aircraft	1853
used primarily in a fractional aircraft ownership program, and	1854
sales of services for the repair, modification, and maintenance of	1855
such aircraft, and machinery, equipment, and supplies primarily	1856
used to provide those services.	1857

(45) Sales of telecommunications service that is used	1858
directly and primarily to perform the functions of a call center.	1859
As used in this division, "call center" means any physical	1860
location where telephone calls are placed or received in high	1861
volume for the purpose of making sales, marketing, customer	1862
service, technical support, or other specialized business	1863
activity, and that employs at least fifty individuals that engage	1864
in call center activities on a full-time basis, or sufficient	1865
individuals to fill fifty full-time equivalent positions.	1866

(46) Sales by a telecommunications service vendor of 900	1867
service to a subscriber. This division does not apply to	1868
information services, as defined in division (FF) of section	1869
5739.01 of the Revised Code.	1870

(47) Sales of value-added non-voice data service. This	1871
division does not apply to any similar service that is not	1872
otherwise a telecommunications service.	1873

(48)(a) Sales of machinery, equipment, and software to a	1874
qualified direct selling entity for use in a warehouse or	1875
distribution center primarily for storing, transporting, or	1876
otherwise handling inventory that is held for sale to independent	1877
salespersons who operate as direct sellers and that is held	1878
primarily for distribution outside this state;	1879

(b) As used in division (B)(48)(a) of this section:

1880

(i) "Direct seller" means a person selling consumer products	1881
to individuals for personal or household use and not from a fixed	1882
retail location, including selling such product at in-home product	1883
demonstrations, parties, and other one-on-one selling.	1884

(ii) "Qualified direct selling entity" means an entity	1885
selling to direct sellers at the time the entity enters into a tax	1886
credit agreement with the tax credit authority pursuant to section	1887
122.17 of the Revised Code, provided that the agreement was	1888
entered into on or after January 1, 2007. Neither contingencies	1889
relevant to the granting of, nor later developments with respect	1890
to, the tax credit shall impair the status of the qualified direct	1891
selling entity under division (B)(48) of this section after	1892
execution of the tax credit agreement by the tax credit authority.	1893

(c) Division (B)(48) of this section is limited to machinery,	1894
equipment, and software first stored, used, or consumed in this	1895
state within the period commencing June 24, 2008, and ending on	1896
the date that is five years after that date.	1897

(49) Sales of materials, parts, equipment, or engines used in	1898
the repair or maintenance of aircraft or avionics systems of such	1899
aircraft, and sales of repair, remodeling, replacement, or	1900
maintenance services in this state performed on aircraft or on an	1901
aircraft's avionics, engine, or component materials or parts. As	1902
used in division (B)(49) of this section, "aircraft" means	1903
aircraft of more than six thousand pounds maximum certified	1904
takeoff weight or used exclusively in general aviation.	1905

(50) Sales of full flight simulators that are used for pilot	1906
or flight-crew training, sales of repair or replacement parts or	1907
components, and sales of repair or maintenance services for such	1908
full flight simulators. "Full flight simulator" means a replica of	1909
a specific type, or make, model, and series of aircraft cockpit.	1910
It includes the assemblage of equipment and computer programs	1911
necessary to represent aircraft operations in ground and flight	1912
conditions, a visual system providing an out-of-the-cockpit view,	1913
and a system that provides cues at least equivalent to those of a	1914
three-degree-of-freedom motion system, and has the full range of	1915
capabilities of the systems installed in the device as described	1916
in appendices A and B of part 60 of chapter 1 of title 14 of the	1917
Code of Federal Regulations.	1918

(51) Any transfer or lease of tangible personal property	1919
between the state and JobsOhio in accordance with section 4313.02	1920
of the Revised Code.	1921

(52)(a) Sales to a qualifying corporation.

1922

(b) As used in division (B)(52) of this section:

1923

(i) "Qualifying corporation" means a nonprofit corporation	1924
organized in this state that leases from an eligible county land,	1925
buildings, structures, fixtures, and improvements to the land that	1926
are part of or used in a public recreational facility used by a	1927
major league professional athletic team or a class A to class AAA	1928
minor league affiliate of a major league professional athletic	1929
team for a significant portion of the team's home schedule,	1930
provided the following apply:	1931

(I) The facility is leased from the eligible county pursuant	1932
to a lease that requires substantially all of the revenue from the	1933
operation of the business or activity conducted by the nonprofit	1934
corporation at the facility in excess of operating costs, capital	1935
expenditures, and reserves to be paid to the eligible county at	1936
least once per calendar year.	1937

(II) Upon dissolution and liquidation of the nonprofit	1938
corporation, all of its net assets are distributable to the board	1939
of commissioners of the eligible county from which the corporation	1940
leases the facility.	1941

(ii) "Eligible county" has the same meaning as in section	1942
307.695 of the Revised Code.	1943

(53) Sales to or by a cable service provider, video service	1944
provider, or radio or television broadcast station regulated by	1945
the federal government of cable service or programming, video	1946
service or programming, audio service or programming, or	1947
electronically transferred digital audiovisual or audio work. As	1948
used in division (B)(53) of this section, "cable service" and	1949
"cable service provider" have the same meanings as in section	1950
1332.01 of the Revised Code, and "video service," "video service	1951
provider," and "video programming" have the same meanings as in	1952
section 1332.21 of the Revised Code.	1953

(C) For the purpose of the proper administration of this	1954
chapter, and to prevent the evasion of the tax, it is presumed	1955
that all sales made in this state are subject to the tax until the	1956
contrary is established.	1957

(D) The levy of this tax on retail sales of recreation and	1958
sports club service shall not prevent a municipal corporation from	1959
levying any tax on recreation and sports club dues or on any	1960
income generated by recreation and sports club dues.	1961

(E) The tax collected by the vendor from the consumer under	1962
this chapter is not part of the price, but is a tax collection for	1963
the benefit of the state, and of counties levying an additional	1964
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	1965
Code and of transit authorities levying an additional sales tax	1966
pursuant to section 5739.023 of the Revised Code. Except for the	1967
discount authorized under section 5739.12 of the Revised Code and	1968
the effects of any rounding pursuant to section 5703.055 of the	1969
Revised Code, no person other than the state or such a county or	1970
transit authority shall derive any benefit from the collection or	1971
payment of the tax levied by this section or section 5739.021,	1972
5739.023, or 5739.026 of the Revised Code.	1973

Section 2. That existing sections 5501.44, 5501.70, 5501.71,	1974
5501.73, 5501.78, 5531.11, 5531.12, 5531.13, 5531.14, 5531.15,	1975
5531.16, and 5739.02 of the Revised Code are hereby repealed.	1976

Section 3.  Section 5739.02 of the Revised Code is presented	1977
in this act as a composite of the section as amended by both Am.	1978
Sub. H.B. 51 and Am. Sub. H.B. 59 of the 130th General Assembly.	1979
The General Assembly, applying the principle stated in division	1980
(B) of section 1.52 of the Revised Code that amendments are to be	1981
harmonized if reasonably capable of simultaneous operation, finds	1982
that the composite is the resulting version of the section in	1983
effect prior to the effective date of the section as presented in	1984
this act.	1985