To amend sections 121.05, 121.08, 3701.143, 3701.66, 3701.83, 4501.03, 4501.14, 4501.15, 4501.19, 4501.20, 4501.22, 4503.102, 4503.51, 4503.52, 4503.55, 4503.56, 4505.111, 4511.191, 4511.951, 4981.09, 4981.34, 5501.32, 5501.34, 5501.37, 5502.12, 5513.01, 5513.04, 5531.09, 5531.10, 5735.05, 5735.23, and 5735.29, to enact sections 4501.16, 4501.28, and 4507.45, and to repeal sections 4501.21, 4501.23, 4981.151, and 4981.152 of the Revised Code, and to amend Section 104 of Am. Sub. H.B. 117 of the 121st General Assembly, to make appropriations and reappropriations for highways for the 1997-1999 biennium, to provide authorizations and conditions for the operation of state transportation-related programs, to require that the Department of Commerce have two assistant directors, to maintain the provisions of this act on and after May 15, 1997, by amending the version of section 4511.191 of the Revised Code that takes effect on that date, and to maintain the provisions of this act on and after March 4, 1998, by amending the version of section 5513.01 of the Revised Code that takes effect on that date.

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

Sec. 121.05. Except as otherwise provided in this section, in each department there shall be an assistant director designated by the director of that department. In the department of health there shall be two assistant directors, each of whom shall be designated by the director of health. In the department of transportation there shall be an assistant director for business management, an assistant director for field operations, and an assistant director for transportation policy, each of whom shall be designated by the director of transportation. In the department of insurance the deputy superintendent of insurance shall be the assistant director. In the department of administrative services, there shall be two assistant directors, each of whom shall be designated by the director of administrative services. IN THE DEPARTMENT OF COMMERCE, THERE SHALL BE TWO ASSISTANT DIRECTORS, EACH OF WHOM SHALL BE DESIGNATED BY THE DIRECTOR OF COMMERCE. In each department, the assistant director shall act as director in the absence or disability of the director and also shall act as director when the position of director is vacant, except that in the department of transportation, the department of health, THE DEPARTMENT OF COMMERCE, and the department of administrative services the director shall designate which assistant director shall act as director in the director's absence.

A director may designate any of the director's assistant directors or a deputy director to serve in the director's place as a member of any board, committee, authority, or commission of which the director is, by law, a member. The designee, when present, shall be counted in determining whether a quorum is present at any meeting. The Such a designee may vote and participate in all proceedings and actions of the board, committee, authority, or commission, provided that the designee shall not execute or cause a facsimile of the designee's signature to be placed on any obligation, or execute any trust agreement or indenture. Such designation shall be in writing, executed by the designating director, filed with the secretary of the board, committee, authority, or commission, and shall be in effect until withdrawn or superseded by a new designation.

Sec. 121.08. (A) There is hereby created in the department of commerce the position of deputy director of administration. This officer shall be appointed by the director of commerce, serve under the director's direction, supervision, and control, perform such duties as the director prescribes, and hold office during the director's pleasure. The DIRECTOR OF COMMERCE MAY DESIGNATE AN assistant director of commerce may serve as the deputy director of administration. The deputy director of administration shall perform such duties as are prescribed by the director of commerce in supervising the activities of the division of administration of the department of commerce.

(B) Except as provided in section 121.07 of the Revised Code, the department of commerce shall have all powers and perform all duties vested in the deputy director of administration, the state fire marshal, the superintendent of financial institutions, the superintendent of real estate, the superintendent of liquor control, the superintendent of the division of industrial compliance, and the commissioner of securities, and shall have all powers and perform all duties vested by law in all officers, deputies, and employees of such offices. Except as provided in section 121.07 of the Revised Code, wherever powers are conferred or duties imposed upon any of such officers, such powers and duties shall be construed as vested in the department of commerce.

(C)(1) There is hereby created in the department of commerce a division of financial institutions, which shall have all powers and perform all duties vested by law in the superintendent of financial institutions. Wherever powers are conferred or duties imposed upon the superintendent of financial institutions, such powers and duties shall be construed as vested in the division of financial institutions. The division of financial institutions shall be administered by a superintendent of financial institutions.

(2) All provisions of law governing the superintendent of financial institutions shall apply to and govern the superintendent of financial institutions provided for in this section; all authority vested by law in the superintendent of financial institutions with respect to the management of the division of financial institutions shall be construed as vested in the superintendent of financial institutions created by this section with respect to the division of financial institutions provided for in this section; and all rights, privileges, and emoluments conferred by law upon the superintendent of financial institutions shall be construed as conferred upon the superintendent of financial institutions as head of the division of financial institutions. The director of commerce shall not transfer from the division of financial institutions any of the functions specified in division (C)(2) of this section.

(D) Beginning on July 1, 1997, there is hereby created in the department of commerce a division of liquor control, which shall have all powers and perform all duties vested by law in the superintendent of liquor control. Wherever powers are conferred or duties are imposed upon the superintendent of liquor control, those powers and duties shall be construed as vested in the division of liquor control. The division of liquor control shall be administered by a superintendent of liquor control.

(E) The director of commerce shall not be interested, directly or indirectly, in any firm or corporation which is a dealer in securities as defined in sections 1707.01 and 1707.14 of the Revised Code, or in any firm or corporation licensed under sections 1321.01 to 1321.19 of the Revised Code.

(F) The director of commerce shall not have any official connection with a savings and loan association, a savings bank, a bank, a bank holding company, a savings and loan association holding company, a consumer finance company, or a credit union that is under the supervision of the division of financial institutions, or a subsidiary of any of the preceding entities, or be interested in the business thereof.

(G) There is hereby created in the state treasury the division of administration fund. The fund shall receive assessments on the operating funds of the department of commerce in accordance with procedures prescribed by the director of commerce and approved by the director of budget and management. All operating expenses of the division of administration shall be paid from the division of administration fund.

Sec. 3701.143. For purposes of section 4511.19 of the Revised Code, the director of health shall determine, or cause to be determined, techniques or methods for chemically analyzing a person's blood, urine, breath, or other bodily substance in order to ascertain the amount of alcohol, a drug of abuse, or alcohol and a drug of abuse in the person's blood, urine, breath, or other bodily substance. The director shall approve satisfactory techniques or methods, ascertain the qualifications of individuals to conduct such analyses, and issue permits to qualified persons authorizing them to perform such analyses. Such permits shall be subject to termination or revocation at the discretion of the director.

THE DIRECTOR OF HEALTH SHALL USE THE INDIGENT PERSONS CARE AND ALCOHOL TESTING FUND CREATED IN SECTION 3701.83 of the Revised Code IN PART TO ADMINISTER AND ENFORCE THE ALCOHOL TESTING AND PERMIT PROGRAM AUTHORIZED BY THIS SECTION.

Sec. 3701.66. (A) If the director of health determines that a claim presented to him under section 3701.64 of the Revised Code by a hospital which has complied with sections 3701.61 to 3701.69 of the Revised Code, concerns an indigent patient as evidenced by his THE DIRECTOR'S findings under section 3701.65 of the Revised Code, the director shall determine the amount of such claim in accordance with the per diem cost of such hospital as certified by him under section 3701.62 of the Revised Code, for the period of the patient's indigency, less any amount paid on the hospital account by an individual or by funds derived through settlement, and shall pay such ascertained amount to the claimant from the funds appropriated for that purpose. However, the director of health shall not make any payment from such appropriations until all efforts by the hospital to secure payment from persons legally responsible for the debts of the indigent patient, from insurance policies, from hospital insurance benefits, medical insurance benefits, or medical assistance under Titles XVIII and XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, have been exhausted. The director of health shall not make any payment from such appropriations until the appropriate county department of human services certifies to the director of health that the indigent patient is not eligible for medical assistance under Chapter 5111. of the Revised Code.

(B) The indigent persons care fund is hereby created in the state treasury. Pursuant to sections 3701.61 to 3701.69 of the Revised Code, the THE director of health shall use the INDIGENT PERSONS CARE AND ALCOHOL TESTING fund CREATED BY SECTION 3701.83 of the Revised Code IN PART to provide reimbursements to hospitals PURSUANT TO SECTIONS 3701.61 TO 3701.69 of the Revised Code for the care of indigent persons injured in motor vehicle accidents. The indigent persons care fund shall receive appropriations from motor vehicle fuel tax money credited to the highway operating fund under section 5735.291 of the Revised Code. All investment earnings of the indigent persons care fund shall be credited to the fund.

Sec. 3701.83. (A) There is hereby created in the state treasury the general operations fund. Moneys in the fund shall be used for the purposes specified in sections 3701.04, 3701.344, 3701.88, 3702.20, 3710.15, 3711.021, 3721.02, 3722.04, 3732.04, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the Revised Code.

(B) THE INDIGENT PERSONS CARE AND ALCOHOL TESTING FUND IS HEREBY CREATED IN THE STATE TREASURY. THE DIRECTOR OF HEALTH SHALL USE THE FUND TO DO BOTH OF THE FOLLOWING:

(1) PROVIDE REIMBURSEMENTS TO HOSPITALS FOR THE CARE OF INDIGENT PERSONS INJURED IN MOTOR VEHICLE ACCIDENTS AS PROVIDED IN SECTIONS 3701.61 TO 3701.69 of the Revised Code;

(2) ADMINISTER AND ENFORCE THE ALCOHOL TESTING AND PERMIT PROGRAM AUTHORIZED BY SECTION 3701.143 of the Revised Code.

THE FUND SHALL RECEIVE APPROPRIATIONS FROM MOTOR VEHICLE FUEL TAX MONEY CREDITED TO THE HIGHWAY OPERATING FUND UNDER SECTION 5735.291 of the Revised Code. ALL INVESTMENT EARNINGS OF THE INDIGENT PERSONS CARE AND ALCOHOL TESTING FUND SHALL BE CREDITED TO THE FUND.

Sec. 4501.03. The registrar of motor vehicles shall open an account with each county and district of registration in the state, and may assign each county and district of registration in the state a unique code for identification purposes. Except as provided in division (C) of section 4501.14, section 4501.044, or division (B)(1) of section 4501.045 of the Revised Code, the registrar shall pay all moneys the registrar receives under sections 4503.02, 4503.12, and 4504.09 of the Revised Code into the state treasury to the credit of the auto registration distribution fund, which is hereby created, for distribution in the manner provided for in this section and sections 4501.04, 4501.041, 4501.042, and 4501.043 of the Revised Code. All other moneys received by the registrar shall be deposited in the state bureau of motor vehicles fund established in section 4501.25 of the Revised Code for the purposes enumerated in that section, unless otherwise provided by law.

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

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

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

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

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

Sec. 4501.14. (A) There is hereby created in the state treasury the central registration fund, to which shall be credited the fees charged in division (G) of section 4503.102 of the Revised Code, unless otherwise provided by law. Additional expenses EXPENSES incurred by the registrar of motor vehicles for implementation of the central mail-in system of motor vehicle registration renewals shall be charged to the central registration fund. THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER EXCESS MONEY FROM THE CENTRAL REGISTRATION FUND TO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY SECTION 4501.25 of the Revised Code IF THE REGISTRAR DETERMINES THE AMOUNT OF MONEY IN THE CENTRAL REGISTRATION FUND EXCEEDS THE AMOUNT REQUIRED TO COVER COSTS AND REQUESTS THE DIRECTOR TO MAKE THE TRANSFER. All investment earnings of the central registration fund shall be credited to the central registration fund.

(B) By the fifteenth day of October of each year, the registrar and the director of the office of budget and management shall determine and certify for the preceding fiscal year the amount, if any, by which the fees collected and paid into the central registration fund exceed the expenses incurred by the registrar during such year that are determined to be expenses that would not have been incurred except for the enactment of Amended Substitute Senate Bill No. 1 of the 117th general assembly. The amount of the excess shall be transferred from the central registration fund to the auto registration distribution fund within ten days of the date on which the certification is made, except as follows:

(1) First, the registrar and the director may determine the amount of the excess, if any, that will be necessary to meet anticipated expenses in the next fiscal year and that amount shall be retained in the central registration fund;

(2) Second, the amount of the remaining excess, if any, equal to the number of motor vehicles inspected pursuant to section 4505.061 of the Revised Code as determined and certified by the registrar, multiplied by fifty cents shall be transferred into the state bureau of motor vehicles fund established by section 4501.25 of the Revised Code.

(C) The director of the office of budget and management shall determine and certify the amount of any estimated deficiency in the central registration fund. The amount of the deficiency shall be paid into the central registration fund from moneys received by the registrar under section 4503.02 of the Revised Code, at such times and in a manner determined by the director and the registrar.

Sec. 4501.15. (A) The department of public safety shall not provide social security numbers from its driver license and vehicle registration records to any person, except local, state, or federal governmental agencies. This section DIVISION does not preclude the registrar from reporting a person's social security number if the number was provided in the request for information.

(B) THE DEPARTMENT SHALL NOT PROVIDE TO ANY PERSON CREDIT CARD ACCOUNT NUMBERS OR ANY OTHER INFORMATION OBTAINED WHEN A PERSON USES A CREDIT CARD TO PAY MOTOR VEHICLE REGISTRATION TAXES OR FEES, LICENSE FEES, OR OTHER SIMILAR TAXES, FEES, PENALTIES, OR CHARGES IMPOSED OR LEVIED BY THE STATE AND COLLECTED BY THE DEPARTMENT, EXCEPT THAT SUCH INFORMATION MAY BE PROVIDED TO THE FINANCIAL INSTITUTIONS AND CREDIT ISSUING COMPANIES DIRECTLY INVOLVED IN THE CREDIT TRANSACTION OR TO LOCAL, STATE, OR FEDERAL GOVERNMENTAL AGENCIES.

Sec. 4501.16. THERE IS HEREBY CREATED IN THE STATE TREASURY THE MARCS MAINTENANCE FUND. THE FUND SHALL CONSIST OF MONEYS RECEIVED BY THE STATE HIGHWAY PATROL FROM USERS OF THE MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS). THE FUND SHALL BE USED TO PROVIDE MAINTENANCE FOR MARCS-RELATED EQUIPMENT LOCATED AT BOTH THE MARCS FACILITIES AND TOWER SITES. ALL INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND.

Sec. 4501.19. There is hereby created in the state treasury the law enforcement reimbursement fund. The LAW ENFORCEMENT REIMBURSEMENT fund shall consist of those fees collected by the registrar of motor vehicles under division (A)(6) of section 4503.233 of the Revised Code, and shall be used to make payments to law enforcement agencies in accordance with that division, EXCEPT THAT THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER EXCESS MONEY FROM THE LAW ENFORCEMENT REIMBURSEMENT FUND TO THE BUREAU OF MOTOR VEHICLES FUND CREATED IN SECTION 4501.25 of the Revised Code IF THE REGISTRAR DETERMINES THAT THE AMOUNT OF MONEY IN THE LAW ENFORCEMENT REIMBURSEMENT FUND EXCEEDS THE AMOUNTS REQUIRED TO BE PAID BY DIVISION (A)(6) OF SECTION 4503.233 of the Revised Code, AND THE REGISTRAR REQUESTS THE DIRECTOR TO MAKE THE TRANSFER. All investment earnings of the LAW ENFORCEMENT REIMBURSEMENT fund shall be credited to the fund.

Sec. 4501.20. There is hereby created in the state treasury the collegiate license plate fund. The fund shall consist of the contributions and fees that are paid to the registrar of motor vehicles by applicants who voluntarily choose to obtain collegiate license plates pursuant to section 4503.51 of the Revised Code.

A contribution deposited in the fund shall be paid to the university or college whose name or marking or design appears on collegiate license plates that are issued to a person under section 4503.51 of the Revised Code. A university or college that receives contributions from the fund shall deposit the contributions into its general scholarship fund. The fees deposited in the fund shall be used to pay the expenses the bureau of motor vehicles incurs in providing the additional services required in the issuing of collegiate license plates. All

ALL investment earnings of the COLLEGIATE LICENSE PLATE fund shall be credited to the fund.

Sec. 4501.22. There is hereby created in the state treasury the pro football hall of fame license plate fund. The fund shall consist of the contributions and fees that are paid to the registrar of motor vehicles by applicants who voluntarily choose to obtain pro football hall of fame license plates pursuant to section 4503.55 of the Revised Code.

A contribution deposited in the fund shall be paid to the pro football hall of fame, which shall deposit the contribution into a special bank account that it establishes and that shall be separate and distinct from any other account maintained by the pro football hall of fame, to be used exclusively for the purpose of promoting the pro football hall of fame as a travel destination.

The fees deposited in the pro football hall of fame license plate fund shall be used to pay the expenses the bureau of motor vehicles incurs in providing the additional services required in the issuing of pro football hall of fame license plates.

All investment earnings of the pro football hall of fame license plate fund shall be credited to the fund.

Sec. 4501.28. THERE IS HEREBY CREATED IN THE STATE TREASURY THE MARCS OPERATIONS FUND. THE FUND SHALL CONSIST OF MONEYS RECEIVED BY THE EMERGENCY MANAGEMENT AGENCY ESTABLISHED UNDER SECTION 5502.22 of the Revised Code FROM USERS OF THE MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS). THE FUND SHALL BE USED TO PROVIDE FOR THE SYSTEMS OPERATIONS OF MARCS. ALL INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND.

Sec. 4503.102. (A) The registrar of motor vehicles shall adopt rules to establish a centralized system of motor vehicle registration renewal by mail. Any person owning a motor vehicle that was registered in his THE PERSON'S name during the preceding registration year shall renew the registration of the motor vehicle either by mail through the centralized system of registration established under this section or in person at a deputy registrar's office.

(B)(1) No less than forty-five days prior to the expiration date of any motor vehicle registration, the registrar shall mail a renewal notice to the person in whose name the motor vehicle is registered. The renewal notice shall clearly state that the registration of the motor vehicle may be renewed by mail through the centralized system of registration or in person at a deputy registrar's office and shall be preprinted with information including, but not limited to, the owner's name and residence address as shown in the records of the bureau of motor vehicles, a brief description of the motor vehicle to be registered, notice of the license taxes and fees due on the motor vehicle, the toll-free telephone number of the registrar as required under division (D)(1) of section 4503.031 of the Revised Code, and any additional information the registrar may require by rule. The renewal notice shall be sent by regular mail to the owner's last known address as shown in the records of the bureau of motor vehicles.

(2) If the application for renewal of the registration of a motor vehicle is prohibited from being accepted by the registrar or a deputy registrar by division (D) of section 2935.27, division (A) of section 2937.221, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code, the registrar is not required to send a renewal notice to the vehicle owner or vehicle lessee.

(C) The owner of the motor vehicle shall verify the information contained in the notice, sign it, and return it, in person to a deputy registrar or by mail to the registrar, together with a credit card number, when permitted by rule of the registrar, check, or money order in the amount of the registration taxes and fees payable on the motor vehicle and a mail fee of two dollars and twenty-five cents plus postage as indicated on the notice, if the registration is renewed by mail, and an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code.

(D) If all registration and transfer fees for the motor vehicle for the preceding year or the preceding period of the current registration year have not been paid, if division (D) of section 2935.27, division (A) of section 2937.221, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code prohibits acceptance of the renewal notice, or if the owner or lessee does not have an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code, if that section is applicable, the license shall be refused and the registrar or deputy registrar shall so notify the owner. This section does not require the payment of license or registration taxes on a motor vehicle for any preceding year, or for any preceding period of a year, if the motor vehicle was not taxable for that preceding year or period under section 4503.02, 4503.04, 4503.11, 4503.12, or 4503.16 or Chapter 4504. of the Revised Code.

(E)(1) Failure to receive a renewal notice does not relieve a motor vehicle owner from the responsibility to renew the registration for the motor vehicle. Any person who has a motor vehicle registered in this state and who does not receive a renewal notice as provided in division (B) of this section prior to the expiration date of the registration shall request an application for registration from the registrar or a deputy registrar and return the signed application and any applicable license taxes and fees to the registrar or deputy registrar.

(2) If the owner of a motor vehicle submits an application for registration and the registrar is prohibited by division (D) of section 2935.27, division (A) of section 2937.221, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code from accepting the application, the registrar shall return the application and the payment to the owner and also shall include an explanatory notice as described in division (B)(2) of this section.

(F) Every deputy registrar shall post in a prominent place at the deputy's office a notice informing the public of the mail registration system required by this section, and also shall post a notice that every owner of a motor vehicle and every chauffeur holding a certificate of registration is required to notify the registrar in writing of any change of residence within ten days after the change occurs. The notice shall be in such form as the registrar prescribes by rule.

(G) The two dollars and twenty-five cents fee, plus postage and any credit card surcharge collected by the registrar for registration by mail, shall be paid to the credit of the central registration fund established by section 4501.14 of the Revised Code.

(H) No later than January 1, 1991, the registrar shall implement the initial phase of a credit card payment program permitting payment of motor vehicle renewal registration taxes and fees by means of a credit card when such renewal is made by mail. No later than January 1, 1993, the THE registrar shall MAY implement the final phase of the credit card payment A program permitting payment of motor vehicle registration taxes and fees, driver's license and commercial driver's license fees, and any other taxes, fees, PENALTIES, or charges imposed or levied by the state relating to such registrations and licenses that are collected by the registrar or a deputy registrar by means of a credit card when such motor vehicle registrations, license applications, or other similar state-related transactions are made in person at the office of the registrar or at a deputy registrar's office. The registrar shall MAY adopt rules as necessary for this purpose. No deputy registrar shall accept a credit card as payment for the purchase of any goods sold by the deputy registrar and any tax imposed by Chapter 5739. of the Revised Code on the sale of such goods.

If a person uses a credit card to pay motor vehicle registration taxes or fees, license fees, or other similar taxes, fees, PENALTIES, or charges imposed or levied by the state as provided in this section, a surcharge sufficient to pay the required service charge of the financial institution or credit card company shall be paid by the person using the credit card.

(I) For persons who reside in counties where tailpipe emissions inspections are required under the motor vehicle inspection and maintenance program, the notice required by division (B) of this section shall also include the toll-free telephone number maintained by the Ohio environmental protection agency to provide information concerning the locations of emissions testing centers.

Sec. 4503.51. (A) The owner of any passenger car, noncommercial motor vehicle, or recreational vehicle may voluntarily choose to submit an application to the registrar of motor vehicles for registration of such motor vehicle and for issuance of collegiate license plates. The request for a collegiate license plate may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code.

Upon receipt of an application for registration of a passenger car, noncommercial motor vehicle, or recreational vehicle in accordance with any rules adopted under this section and upon compliance with division (B) of this section, the registrar shall issue to the applicant appropriate vehicle registration and a set of collegiate license plates with a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.

In addition to the letters and numbers ordinarily inscribed thereon, collegiate license plates shall be inscribed with the name of a university or college that is participating with the registrar in the issuance of collegiate license plates, or any other identifying marking or design selected by such a university or college and approved by the registrar. Collegiate license plates shall bear county identification stickers unless the registrar approves a design for the license plates that does not allow for the placement of the county identification sticker.

(B) The collegiate license plates and validation sticker shall be issued upon receipt of a contribution as provided in division (C) of this section and payment of the regular license fees as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, a fee not to exceed ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of collegiate license plates, and compliance with all other applicable laws relating to the registration of motor vehicles, including presentation of any inspection certificate required to be obtained for the motor vehicle under section 3704.14 of the Revised Code. If the application for a collegiate license plate is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plate and validation sticker shall be issued upon payment of the contribution, fees, and taxes referred to in this division, the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code, and compliance with all other laws relating to the registration of motor vehicles, including presentation of any inspection certificate required to be obtained for the motor vehicle under section 3704.14 of the Revised Code.

(C) The registrar shall collect a contribution of forty dollars for each application for registration and registration renewal notice under this section.

The registrar shall transmit this contribution and the TO THE TREASURER OF STATE FOR DEPOSIT INTO THE COLLEGIATE LICENSE PLATE FUND CREATED BY SECTION 4501.20 of the Revised Code. THE additional fee not to exceed ten dollars that the applicant for registration voluntarily pays for the purpose of compensating the bureau for the additional services required in the issuing of his THE collegiate license plates SHALL BE TRANSMITTED INTO THE STATE TREASURY to the treasurer CREDIT of THE state for deposit in the collegiate license plate BUREAU OF MOTOR VEHICLES fund created in section 4501.20 4501.25 of the Revised Code.

(D) The registrar, in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary for the efficient administration of the collegiate license plate program.

(E) As used in this section, "university or college" means a state university or college or a private university or college located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code. "University or college" also includes community colleges created pursuant to Chapter 3354. of the Revised Code, university branches created pursuant to Chapter 3355. of the Revised Code, technical colleges created pursuant to Chapter 3357. of the Revised Code, and state community colleges created pursuant to Chapter 3358. of the Revised Code.

Sec. 4503.52. (A) The owner of any passenger car, noncommercial motor vehicle, or recreational vehicle may apply to the registrar of motor vehicles for the registration of the vehicle and issuance of Lake Erie license plates. The application for Lake Erie license plates may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance with division (B) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of Lake Erie license plates with a validation sticker or a validation sticker alone when required by section 4503.191 of the Revised Code.

In addition to the letters and numbers ordinarily inscribed thereon, Lake Erie license plates shall be inscribed with identifying words or markings designed by the Ohio Lake Erie commission and approved by the registrar. Lake Erie license plates shall bear county identification stickers unless the registrar approves a design for the license plates that does not allow for the placement of the county identification sticker.

(B) The Lake Erie license plates and validation sticker shall be issued upon receipt of a contribution as provided in division (C) of this section and upon payment of the regular license fees as prescribed under section 4503.04 of the Revised Code, a fee not to exceed ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of the Lake Erie license plates, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for Lake Erie license plates is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plate and validation sticker shall be issued upon payment of the contribution, fees, and taxes contained in this division and the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code.

(C) For each application for registration and registration renewal he receives RECEIVED under this section, the registrar shall collect a contribution in an amount not to exceed forty dollars as determined by the Ohio Lake Erie commission. The registrar shall transmit this contribution to the treasurer of state for deposit in the Lake Erie protection fund created in section 1506.23 of the Revised Code.

The registrar shall deposit the additional fee not to exceed ten dollars specified in division (B) of this section that the applicant for registration voluntarily pays for the purpose of compensating the bureau for the additional services required in the issuing of his THE Lake Erie license plates in the Lake Erie license plate STATE BUREAU OF MOTOR VEHICLES fund created in section 4501.21 4501.25 of the Revised Code.

Sec. 4503.55. (A) The owner of any passenger car, noncommercial motor vehicle, or recreational vehicle may apply to the registrar of motor vehicles for the registration of the vehicle and issuance of pro football hall of fame license plates. The application for pro football hall of fame license plates may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance with division (B) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of pro football hall of fame license plates with a validation sticker or a validation sticker alone when required by section 4503.191 of the Revised Code.

In addition to the letters and numbers ordinarily inscribed thereon, pro football hall of fame license plates shall be inscribed with identifying words or markings designed by the pro football hall of fame and approved by the registrar. Pro football hall of fame plates shall bear county identification stickers unless the registrar approves a design for the license plates that does not allow for the placement of the county identification sticker.

(B) The pro football hall of fame license plates and validation sticker shall be issued upon receipt of a contribution as provided in division (C) of this section and upon payment of the regular license fees as prescribed under section 4503.04 of the Revised Code, a fee not to exceed ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of the pro football hall of fame license plates, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for pro football hall of fame license plates is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plate and validation sticker shall be issued upon payment of the contribution, fees, and taxes contained in this division and the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code.

(C) For each application for registration and registration renewal under this section, the registrar shall collect a contribution of fifteen dollars. The registrar shall transmit this contribution to the treasurer of state for deposit in the pro football hall of fame license plate fund created in section 4501.22 of the Revised Code.

The registrar shall deposit the additional fee not to exceed ten dollars specified in division (B) of this section that the applicant for registration voluntarily pays for the purpose of compensating the bureau for the additional services required in the issuing of his THE APPLICANT'S pro football hall of fame license plates in the pro football hall of fame license plate STATE BUREAU OF MOTOR VEHICLES fund created in section 4501.22 4501.25 of the Revised Code.

Sec. 4503.56. (A) The owner of any passenger car, noncommercial motor vehicle, or recreational vehicle may apply to the registrar of motor vehicles for the registration of the vehicle and issuance of scenic rivers license plates. The application for scenic rivers license plates may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance with division (B) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of scenic rivers license plates with a validation sticker or a validation sticker alone when required by section 4503.191 of the Revised Code.

In addition to the letters and numbers ordinarily inscribed thereon, scenic rivers license plates shall be inscribed with identifying words or markings designed by the department of natural resources and approved by the registrar. Scenic rivers license plates shall bear county identification stickers unless the registrar approves a design for the license plates that does not allow for the placement of the county identification sticker.

(B) The scenic rivers license plates and validation sticker shall be issued upon receipt of a contribution as provided in division (C) of this section and upon payment of the regular license fees as prescribed under section 4503.04 of the Revised Code, a fee not to exceed ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of the scenic rivers license plates, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for scenic rivers license plates is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plate and validation sticker shall be issued upon payment of the contribution, fees, and taxes contained in this division and the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code.

(C) For each application for registration and registration renewal under this section, the registrar shall collect a contribution in an amount not to exceed forty dollars as determined by the department of natural resources. The registrar shall transmit this contribution to the treasurer of state for deposit in the scenic rivers protection fund created in section 4501.24 of the Revised Code.

The registrar shall deposit the additional fee not to exceed ten dollars specified in division (B) of this section that the applicant for registration voluntarily pays for the purpose of compensating the bureau for the additional services required in the issuing of his THE APPLICANT'S scenic rivers license plates in the scenic rivers protection license plate STATE BUREAU OF MOTOR VEHICLES fund created in section 4501.23 4501.25 of the Revised Code.

Sec. 4505.111. Every motor vehicle, other than a motor vehicle as provided in divisions (C), (D), and (E) of section 4505.11 of the Revised Code, that is assembled from component parts by a person other than the manufacturer, shall be inspected by the state highway patrol prior to issuance of title to the motor vehicle. The inspection shall include establishing proof of ownership and an inspection of the motor number and vehicle identification number of the motor vehicle, and any items of equipment the director of public safety considers advisable and requires to be inspected by rule. A fee of twenty-five SIXTY dollars shall be assessed by the state highway patrol for each inspection made pursuant to this section, and shall be deposited in the state highway safety fund established by section 4501.06 of the Revised Code.

Sec. 4507.45. UNLESS A DIFFERENT DRIVER'S LICENSE REINSTATEMENT FEE IS PRESCRIBED BY LAW, WHENEVER A PERSON'S DRIVER'S OR COMMERCIAL DRIVER'S LICENSE IS SUSPENDED OR REVOKED AND THE PERSON, AFTER THE END OF THE PERIOD OF SUSPENSION OR REVOCATION, IS ELIGIBLE TO BE REISSUED A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE AND APPLIES FOR SUCH A LICENSE, THE REGISTRAR OF MOTOR VEHICLES SHALL COLLECT A REINSTATEMENT FEE OF THIRTY DOLLARS AT THE TIME OF REISSUANCE. THE REGISTRAR SHALL DEPOSIT ALL REINSTATEMENT FEES COLLECTED UNDER THIS SECTION IN THE STATE TREASURY TO THE CREDIT OF THE STATE BUREAU OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 of the Revised Code.

Sec. 4511.191. (A) Any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking within this state shall be deemed to have given consent to a chemical test or tests of the person's blood, breath, or urine for the purpose of determining the alcohol, drug, or alcohol and drug content of the person's blood, breath, or urine if arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine. The chemical test or tests shall be administered at the request of a police officer having reasonable grounds to believe the person to have been operating a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking in this state while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine. The law enforcement agency by which the officer is employed shall designate which of the tests shall be administered.

(B) Any person who is dead or unconscious, or who is otherwise in a condition rendering the person incapable of refusal, shall be deemed not to have withdrawn consent as provided by division (A) of this section and the test or tests may be administered, subject to sections 313.12 to 313.16 of the Revised Code.

(C)(1) Any person under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine shall be advised at a police station, or at a hospital, first-aid station, or clinic to which the person has been taken for first-aid or medical treatment, of both of the following:

(a) The consequences, as specified in division (E) of this section, of the person's refusal to submit upon request to a chemical test designated by the law enforcement agency as provided in division (A) of this section;

(b) The consequences, as specified in division (F) of this section, of the person's submission to the designated chemical test if the person is found to have a prohibited concentration of alcohol in the blood, breath, or urine.

(2)(a) The advice given pursuant to division (C)(1) of this section shall be in a written form containing the information described in division (C)(2)(b) of this section and shall be read to the person. The form shall contain a statement that the form was shown to the person under arrest and read to the person in the presence of the arresting officer and either another police officer, a civilian police employee, or an employee of a hospital, first-aid station, or clinic, if any, to which the person has been taken for first-aid or medical treatment. The witnesses shall certify to this fact by signing the form.

(b) The form required by division (C)(2)(a) of this section shall read as follows:

"You now are under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or both alcohol and a drug of abuse and will be requested by a police officer to submit to a chemical test to determine the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in your blood, breath, or urine.

If you refuse to submit to the requested test or if you submit to the requested test and are found to have a prohibited concentration of alcohol in your blood, breath, or urine, your driver's or commercial driver's license or permit or nonresident operating privilege immediately will be suspended for the period of time specified by law by the officer, on behalf of the registrar of motor vehicles. You may appeal this suspension at your initial appearance before the court that hears the charges against you resulting from the arrest, and your initial appearance will be conducted no later than five days after the arrest. This suspension is independent of the penalties for the offense, and you may be subject to other penalties upon conviction."

(D)(1) If a person under arrest as described in division (C)(1) of this section is not asked by a police officer to submit to a chemical test designated as provided in division (A) of this section, the arresting officer shall seize the Ohio or out-of-state driver's or commercial driver's license or permit of the person and immediately forward the seized license or permit to the court in which the arrested person is to appear on the charge for which the person was arrested. If the arrested person does not have the person's driver's or commercial driver's license or permit on the individual's person or in the person's vehicle, the arresting officer shall order the arrested person to surrender it to the law enforcement agency that employs the officer within twenty-four hours after the arrest, and, upon the surrender, the officer's employing agency immediately shall forward the license or permit to the court in which the arrested person is to appear on the charge for which the person was arrested. Upon receipt of the license or permit, the court shall retain it pending the initial appearance of the arrested person and any action taken under section 4511.196 of the Revised Code.

If a person under arrest as described in division (C)(1) of this section is asked by a police officer to submit to a chemical test designated as provided in division (A) of this section and is advised of the consequences of the person's refusal or submission as provided in division (C) of this section and if the person either refuses to submit to the designated chemical test or the person submits to the designated chemical test and the test results indicate that the person's blood contained a concentration of ten-hundredths of one per cent or more by weight of alcohol, the person's breath contained a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or the person's urine contained a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine at the time of the alleged offense, the arresting officer shall do all of the following:

(a) On behalf of the registrar, serve a notice of suspension upon the person that advises the person that, independent of any penalties or sanctions imposed upon the person pursuant to any other section of the Revised Code or any other municipal ordinance, the person's driver's or commercial driver's license or permit or nonresident operating privilege is suspended, that the suspension takes effect immediately, that the suspension will last at least until the person's initial appearance on the charge that will be held within five days after the date of the person's arrest or the issuance of a citation to the person, and that the person may appeal the suspension at the initial appearance; seize the Ohio or out-of-state driver's or commercial driver's license or permit of the person; and immediately forward the seized license or permit to the registrar. If the arrested person does not have the person's driver's or commercial driver's license or permit on the individual's person or in the person's vehicle, the arresting officer shall order the person to surrender it to the law enforcement agency that employs the officer within twenty-four hours after the service of the notice of suspension, and, upon the surrender, the officer's employing agency immediately shall forward the license or permit to the registrar.

(b) Verify the current residence of the person and, if it differs from that on the person's driver's or commercial driver's license or permit, notify the registrar of the change;

(c) In addition to forwarding the arrested person's driver's or commercial driver's license or permit to the registrar, send to the registrar, within forty-eight hours after the arrest of the person, a sworn report that includes all of the following statements:

(i) That the officer had reasonable grounds to believe that, at the time of the arrest, the arrested person was operating a vehicle upon a highway or public or private property used by the public for vehicular travel or parking within this state while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine;

(ii) That the person was arrested and charged with operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine;

(iii) That the officer asked the person to take the designated chemical test, advised the person of the consequences of submitting to the chemical test or refusing to take the chemical test, and gave the person the form described in division (C)(2) of this section;

(iv) That the person refused to submit to the chemical test or that the person submitted to the chemical test and the test results indicate that the person's blood contained a concentration of ten-hundredths of one per cent or more by weight of alcohol, the person's breath contained a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or the person's urine contained a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine at the time of the alleged offense;

(v) That the officer served a notice of suspension upon the person as described in division (D)(1)(a) of this section.

(2) The sworn report of an arresting officer completed under division (D)(1)(c) of this section shall be given by the officer to the arrested person at the time of the arrest or sent to the person by regular first class mail by the registrar as soon thereafter as possible, but no later than fourteen days after receipt of the report. An arresting officer may give an unsworn report to the arrested person at the time of the arrest provided the report is complete when given to the arrested person and subsequently is sworn to by the arresting officer. As soon as possible, but no later than forty-eight hours after the arrest of the person, the arresting officer shall send a copy of the sworn report to the court in which the arrested person is to appear on the charge for which the person was arrested.

(3) The sworn report of an arresting officer completed and sent to the registrar and the court under divisions (D)(1)(c) and (D)(2) of this section is prima-facie proof of the information and statements that it contains and shall be admitted and considered as prima-facie proof of the information and statements that it contains in any appeal under division (H) of this section relative to any suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege that results from the arrest covered by the report.

(E)(1) Upon receipt of the sworn report of an arresting officer completed and sent to the registrar and a court pursuant to divisions (D)(1)(c) and (D)(2) of this section in regard to a person who refused to take the designated chemical test, the registrar shall enter into the registrar's records the fact that the person's driver's or commercial driver's license or permit or nonresident operating privilege was suspended by the arresting officer under division (D)(1)(a) of this section and the period of the suspension, as determined under divisions (E)(1)(a) to (d) of this section. The suspension shall be subject to appeal as provided in this section and shall be for whichever of the following periods applies:

(a) If the arrested person, within five years of the date on which the person refused the request to consent to the chemical test, had not refused a previous request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content, the period of suspension shall be one year. If the person is a resident without a license or permit to operate a vehicle within this state, the registrar shall deny to the person the issuance of a driver's or commercial driver's license or permit for a period of one year after the date of the alleged violation.

(b) If the arrested person, within five years of the date on which the person refused the request to consent to the chemical test, had refused one previous request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content, the period of suspension or denial shall be two years.

(c) If the arrested person, within five years of the date on which the person refused the request to consent to the chemical test, had refused two previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content, the period of suspension or denial shall be three years.

(d) If the arrested person, within five years of the date on which the person refused the request to consent to the chemical test, had refused three or more previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content, the period of suspension or denial shall be five years.

(2) The suspension or denial imposed under division (E)(1) of this section shall continue for the entire one-year, two-year, three-year, or five-year period, subject to appeal as provided in this section and subject to termination as provided in division (K) of this section.

(F) Upon receipt of the sworn report of an arresting officer completed and sent to the registrar and a court pursuant to divisions (D)(1)(c) and (D)(2) of this section in regard to a person whose test results indicate that the person's blood contained a concentration of ten-hundredths of one per cent or more by weight of alcohol, the person's breath contained a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or the person's urine contained a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine at the time of the alleged offense, the registrar shall enter into the registrar's records the fact that the person's driver's or commercial driver's license or permit or nonresident operating privilege was suspended by the arresting officer under division (D)(1)(a) of this section and the period of the suspension, as determined under divisions (F)(1) to (4) of this section. The suspension shall be subject to appeal as provided in this section and shall be for whichever of the following periods that applies:

(1) Except when division (F)(2), (3), or (4) of this section applies and specifies a different period of suspension or denial, the period of the suspension or denial shall be ninety days.

(2) If the person has been convicted, within six years of the date the test was conducted, of one violation of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section, or section 2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that at the time of the commission of the offense the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of section 4511.19 of the Revised Code, the period of the suspension or denial shall be one year.

(3) If the person has been convicted, within six years of the date the test was conducted, of two violations of a statute or ordinance described in division (F)(2) of this section, the period of the suspension or denial shall be two years.

(4) If the person has been convicted, within six years of the date the test was conducted, of more than two violations of a statute or ordinance described in division (F)(2) of this section, the period of the suspension or denial shall be three years.

(G)(1) A suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege under division (D)(1)(a) of this section for the period of time described in division (E) or (F) of this section is effective immediately from the time at which the arresting officer serves the notice of suspension upon the arrested person. Any subsequent finding that the person is not guilty of the charge that resulted in the person being requested to take, or in the person taking, the chemical test or tests under division (A) of this section affects the suspension only as described in division (H)(2) of this section.

(2) If a person is arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine and regardless of whether the person's driver's or commercial driver's license or permit or nonresident operating privilege is or is not suspended under division (E) or (F) of this section, the person's initial appearance on the charge resulting from the arrest shall be held within five days of the person's arrest or the issuance of the citation to the person, subject to any continuance granted by the court pursuant to division (H)(1) of this section regarding the issues specified in that division.

(H)(1) If a person is arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine and if the person's driver's or commercial driver's license or permit or nonresident operating privilege is suspended under division (E) or (F) of this section, the person may appeal the suspension at the person's initial appearance on the charge resulting from the arrest in the court in which the person will appear on that charge. If the person appeals the suspension at the person's initial appearance, the appeal does not stay the operation of the suspension. Subject to division (H)(2) of this section, no court has jurisdiction to grant a stay of a suspension imposed under division (E) or (F) of this section, and any order issued by any court that purports to grant a stay of any suspension imposed under either of those divisions shall not be given administrative effect.

If the person appeals the suspension at the person's initial appearance, either the person or the registrar may request a continuance of the appeal. Either the person or the registrar shall make the request for a continuance of the appeal at the same time as the making of the appeal. If either the person or the registrar requests a continuance of the appeal, the court may grant the continuance. The court also may continue the appeal on its own motion. The granting of a continuance applies only to the conduct of the appeal of the suspension and does not extend the time within which the initial appearance must be conducted, and the court shall proceed with all other aspects of the initial appearance in accordance with its normal procedures. Neither the request for nor the granting of a continuance stays the operation of the suspension that is the subject of the appeal.

If the person appeals the suspension at the person's initial appearance, the scope of the appeal is limited to determining whether one or more of the following conditions have not been met:

(a) Whether the law enforcement officer had reasonable ground to believe the arrested person was operating a vehicle upon a highway or public or private property used by the public for vehicular travel or parking within this state while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine and whether the arrested person was in fact placed under arrest;

(b) Whether the law enforcement officer requested the arrested person to submit to the chemical test designated pursuant to division (A) of this section;

(c) Whether the arresting officer informed the arrested person of the consequences of refusing to be tested or of submitting to the test;

(d) Whichever of the following is applicable:

(i) Whether the arrested person refused to submit to the chemical test requested by the officer;

(ii) Whether the chemical test results indicate that the arrested person's blood contained a concentration of ten-hundredths of one per cent or more by weight of alcohol, the person's breath contained a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or the person's urine contained a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine at the time of the alleged offense.

(2) If the person appeals the suspension at the initial appearance, the judge or referee of the court or the mayor of the mayor's court shall determine whether one or more of the conditions specified in divisions (H)(1)(a) to (d) of this section have not been met. The person who appeals the suspension has the burden of proving, by a preponderance of the evidence, that one or more of the specified conditions has not been met. If during the appeal at the initial appearance the judge or referee of the court or the mayor of the mayor's court determines that all of those conditions have been met, the judge, referee, or mayor shall uphold the suspension, shall continue the suspension, and shall notify the registrar of the decision on a form approved by the registrar. Except as otherwise provided in division (H)(2) of this section, if the suspension is upheld or if the person does not appeal the suspension at the person's initial appearance under division (H)(1) of this section, the suspension shall continue until the complaint alleging the violation for which the person was arrested and in relation to which the suspension was imposed is adjudicated on the merits by the judge or referee of the trial court or by the mayor of the mayor's court. If the suspension was imposed under division (E) of this section and it is continued under this division, any subsequent finding that the person is not guilty of the charge that resulted in the person being requested to take the chemical test or tests under division (A) of this section does not terminate or otherwise affect the suspension. If the suspension was imposed under division (F) of this section and it is continued under this division, the suspension shall terminate if, for any reason, the person subsequently is found not guilty of the charge that resulted in the person taking the chemical test or tests under division (A) of this section.

If, during the appeal at the initial appearance, the judge or referee of the trial court or the mayor of the mayor's court determines that one or more of the conditions specified in divisions (H)(1)(a) to (d) of this section have not been met, the judge, referee, or mayor shall terminate the suspension, subject to the imposition of a new suspension under division (B) of section 4511.196 of the Revised Code; shall notify the registrar of the decision on a form approved by the registrar; and, except as provided in division (B) of section 4511.196 of the Revised Code, shall order the registrar to return the driver's or commercial driver's license or permit to the person or to take such measures as may be necessary, if the license or permit was destroyed under section 4507.55 of the Revised Code, to permit the person to obtain a replacement driver's or commercial driver's license or permit from the registrar or a deputy registrar in accordance with that section. The court also shall issue to the person a court order, valid for not more than ten days from the date of issuance, granting the person operating privileges for that period of time.

If the person appeals the suspension at the initial appearance, the registrar shall be represented by the prosecuting attorney of the county in which the arrest occurred if the initial appearance is conducted in a juvenile court or county court, except that if the arrest occurred within a city or village within the jurisdiction of the county court in which the appeal is conducted, the city director of law or village solicitor of that city or village shall represent the registrar. If the appeal is conducted in a municipal court, the registrar shall be represented as provided in section 1901.34 of the Revised Code. If the appeal is conducted in a mayor's court, the registrar shall be represented by the city director of law, village solicitor, or other chief legal officer of the municipal corporation that operates that mayor's court.

(I)(1) If a person's driver's or commercial driver's license or permit or nonresident operating privilege has been suspended pursuant to division (E) of this section, and the person, within the preceding seven years, has refused three previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content or has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the person was subject to the sanctions described in division (D) of that section, or section 2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that the person was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of section 4511.19 of the Revised Code, the person is not entitled to request, and the court shall not grant to the person, occupational driving privileges under this division. Any other person whose driver's or commercial driver's license or nonresident operating privilege has been suspended pursuant to division (E) of this section may file a petition requesting occupational driving privileges in the municipal court, county court, or, if the person is a minor, juvenile court with jurisdiction over the place at which the arrest occurred. The petition may be filed at any time subsequent to the date on which the arresting officer serves the notice of suspension upon the arrested person. The person shall pay the costs of the proceeding, notify the registrar of the filing of the petition, and send the registrar a copy of the petition.

In the proceedings, the registrar shall be represented by the prosecuting attorney of the county in which the arrest occurred if the petition is filed in the juvenile court or county court, except that, if the arrest occurred within a city or village within the jurisdiction of the county court in which the petition is filed, the city director of law or village solicitor of that city or village shall represent the registrar. If the petition is filed in the municipal court, the registrar shall be represented as provided in section 1901.34 of the Revised Code.

The court, if it finds reasonable cause to believe that suspension would seriously affect the person's ability to continue in the person's employment, may grant the person occupational driving privileges during the period of suspension imposed pursuant to division (E) of this section, subject to the limitations contained in this division and division (I)(2) of this section. The court may grant the occupational driving privileges, subject to the limitations contained in this division and division (I)(2) of this section, regardless of whether the person appeals the suspension at the person's initial appearance under division (H)(1) of this section or appeals the decision of the court made pursuant to the appeal conducted at the initial appearance, and, if the person has appealed the suspension or decision, regardless of whether the matter at issue has been heard or decided by the court. The court shall not grant occupational driving privileges to any person who, within seven years of the filing of the petition, has refused three previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content or has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the person was subject to the sanctions described in division (D) of that section, or section 2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that the person was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of any other state or a municipal ordinance of a municial MUNICIPAL corporation located in any other state that is substantially similar to division (A) or (B) of section 4511.19 of the Revised Code, and shall not grant occupational driving privileges for employment as a driver of commercial motor vehicles to any person who is disqualified from operating a commercial motor vehicle under section 4506.16 of the Revised Code.

(2)(a) In granting occupational driving privileges under division (I)(1) of this section, the court may impose any condition it considers reasonable and necessary to limit the use of a vehicle by the person. The court shall deliver to the person a permit card, in a form to be prescribed by the court, setting forth the time, place, and other conditions limiting the defendant's use of a vehicle. The grant of occupational driving privileges shall be conditioned upon the person's having the permit in the person's possession at all times during which the person is operating a vehicle.

A person granted occupational driving privileges who operates a vehicle for other than occupational purposes, in violation of any condition imposed by the court, or without having the permit in the person's possession, is guilty of a violation of section 4507.02 of the Revised Code.

(b) The court may not grant a person occupational driving privileges under division (I)(1) of this section when prohibited by a limitation contained in that division or during any of the following periods of time:

(i) The first thirty days of suspension imposed upon a person who, within five years of the date on which the person refused the request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content and for which refusal the suspension was imposed, had not refused a previous request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content;

(ii) The first ninety days of suspension imposed upon a person who, within five years of the date on which the person refused the request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content and for which refusal the suspension was imposed, had refused one previous request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content;

(iii) The first year of suspension imposed upon a person who, within five years of the date on which the person refused the request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content and for which refusal the suspension was imposed, had refused two previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content;

(iv) The first three years of suspension imposed upon a person who, within five years of the date on which the person refused the request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content and for which refusal the suspension was imposed, had refused three or more previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content.

(3) The court shall give information in writing of any action taken under this section to the registrar.

(4) If a person's driver's or commercial driver's license or permit or nonresident operating privilege has been suspended pursuant to division (F) of this section, and the person, within the preceding seven years, has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the person was subject to the sanctions described in division (D) of that section, or section 2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that the person was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of section 4511.19 of the Revised Code, the person is not entitled to request, and the court shall not grant to the person, occupational driving privileges under this division. Any other person whose driver's or commercial driver's license or nonresident operating privilege has been suspended pursuant to division (F) of this section may file in the court specified in division (I)(1) of this section a petition requesting occupational driving privileges in accordance with section 4507.16 of the Revised Code. The petition may be filed at any time subsequent to the date on which the arresting officer serves the notice of suspension upon the arrested person. Upon the making of the request, occupational driving privileges may be granted in accordance with section 4507.16 of the Revised Code. The court may grant the occupational driving privileges, subject to the limitations contained in section 4507.16 of the Revised Code, regardless of whether the person appeals the suspension at the person's initial appearance under division (H)(1) of this section or appeals the decision of the court made pursuant to the appeal conducted at the initial appearance, and, if the person has appealed the suspension or decision, regardless of whether the matter at issue has been heard or decided by the court.

(J) When it finally has been determined under the procedures of this section that a nonresident's privilege to operate a vehicle within this state has been suspended, the registrar shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which the person has a license.

(K) A suspension of the driver's or commercial driver's license or permit of a resident, a suspension of the operating privilege of a nonresident, or a denial of a driver's or commercial driver's license or permit for refusal to submit to a chemical test to determine the alcohol, drug, or alcohol and drug content of the person's blood, breath, or urine pursuant to division (E) of this section, shall be terminated by the registrar upon receipt of notice of the person's entering a plea of guilty to, or of the person's conviction after entering a plea of no contest under Criminal Rule 11 to, operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine, if the offense for which the plea is entered arose from the same incident that led to the suspension or denial.

The registrar shall credit against any judicial suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege imposed pursuant to division (B) or (E) of section 4507.16 of the Revised Code any time during which the person serves a related suspension imposed pursuant to division (E) or (F) of this section.

(L) At the end of a suspension period under this section, section 4511.196, or division (B) of section 4507.16 of the Revised Code and upon the request of the person whose driver's or commercial driver's license or permit was suspended and who is not otherwise subject to suspension, revocation, or disqualification, the registrar shall return the driver's or commercial driver's license or permit to the person upon the occurrence of all of the following:

(1) A showing by the person that the person had proof of financial responsibility, a policy of liability insurance in effect that meets the minimum standards set forth in section 4509.51 of the Revised Code, or proof, to the satisfaction of the registrar, that the person is able to respond in damages in an amount at least equal to the minimum amounts specified in section 4509.51 of the Revised Code.

(2) Payment by the person of a license reinstatement fee of two hundred fifty EIGHTY dollars to the bureau of motor vehicles, which fee shall be deposited in the state treasury and credited as follows:

(a) Seventy-five dollars shall be credited to the drivers' treatment and intervention fund, which is hereby established. The fund shall be used to pay the costs of driver treatment and intervention programs operated pursuant to sections 3793.02 and 3793.10 of the Revised Code. The director of alcohol and drug addiction services shall determine the share of the fund that is to be allocated to alcohol and drug addiction programs authorized by section 3793.02 of the Revised Code, and the share of the fund that is to be allocated to drivers' intervention programs authorized by section 3793.10 of the Revised Code.

(b) Fifty dollars shall be credited to the reparations fund created by section 2743.191 of the Revised Code.

(c) Twenty-five dollars shall be credited to the indigent drivers alcohol treatment fund, which is hereby established. Except as otherwise provided in division (L)(2)(c) of this section, moneys in the fund shall be distributed by the department of alcohol and drug addiction services to the county indigent drivers alcohol treatment funds, the county juvenile indigent drivers alcohol treatment funds, and the municipal indigent drivers treatment funds that are required to be established by counties and municipal corporations pursuant to division (N) of this section, and shall be used only to pay the cost of an alcohol and drug addiction treatment program attended by an offender or juvenile traffic offender who is ordered to attend an alcohol and drug addiction treatment program by a county, juvenile, or municipal court judge and who is determined by the county, juvenile, or municipal court judge not to have the means to pay for attendance at the program. Moneys in the fund that are not distributed to a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund under division (N) of this section because the director of alcohol and drug addiction services does not have the information necessary to identify the county or municipal corporation where the offender or juvenile offender was arrested may be transferred by the director of budget and management to the drivers' treatment and intervention fund, created in division (L)(2)(a) of this section, upon certification of the amount by the director of alcohol and drug addiction services.

(d) Fifty dollars shall be credited to the Ohio rehabilitation services commission established by section 3304.12 of the Revised Code, to the services for rehabilitation fund, which is hereby established. The fund shall be used to match available federal matching funds where appropriate, and for any other purpose or program of the commission to rehabilitate people with disabilities to help them become employed and independent.

(e) Fifty dollars shall be deposited into the state treasury and credited to the drug abuse resistance education programs fund, which is hereby established, to be used by the attorney general for the purposes specified in division (L)(2)(e) of this section.

(f) THIRTY DOLLARS SHALL BE CREDITED TO THE STATE BUREAU OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 of the Revised Code.

The attorney general shall use amounts in the drug abuse resistance education programs fund to award grants to law enforcement agencies to establish and implement drug abuse resistance education programs in public schools. Grants awarded to a law enforcement agency under division (L)(2)(e) of this section shall be used by the agency to pay for not more than fifty per cent of the amount of the salaries of law enforcement officers who conduct drug abuse resistance education programs in public schools. The attorney general shall not use more than six per cent of the amounts the attorney general's office receives under division (L)(2)(e) of this section to pay the costs it incurs in administering the grant program established by division (L)(2)(e) of this section and in providing training and materials relating to drug abuse resistance education programs.

The attorney general shall report to the governor and the general assembly each fiscal year on the progress made in establishing and implementing drug abuse resistance education programs. These reports shall include an evaluation of the effectiveness of these programs.

(M) Suspension of a commercial driver's license under division (E) or (F) of this section shall be concurrent with any period of disqualification under section 4506.16 of the Revised Code. No person who is disqualified for life from holding a commercial driver's license under section 4506.16 of the Revised Code shall be issued a driver's license under Chapter 4507. of the Revised Code during the period for which the commercial driver's license was suspended under division (E) or (F) of this section, and no person whose commercial driver's license is suspended under division (E) or (F) of this section shall be issued a driver's license under that chapter during the period of the suspension.

(N)(1) Each county shall establish an indigent drivers alcohol treatment fund, each county shall establish a juvenile indigent drivers alcohol treatment fund, and each municipal corporation in which there is a municipal court shall establish an indigent drivers alcohol treatment fund. All revenue that the general assembly appropriates to the indigent drivers alcohol treatment fund for transfer to a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund, all portions of fees that are paid under division (L) of this section and that are credited under that division to the indigent drivers alcohol treatment fund in the state treasury for a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund, and all portions of fines that are specified for deposit into a county or municipal indigent drivers alcohol treatment fund by section 4511.193 of the Revised Code shall be deposited into that county indigent drivers alcohol treatment fund, county juvenile indigent drivers alcohol treatment fund, or municipal indigent drivers alcohol treatment fund in accordance with division (N)(2) of this section. Additionally, all portions of fines that are paid for a violation of section 4511.19 of the Revised Code or division (B)(2) of section 4507.02 of the Revised Code, and that are required under division (A)(1) or (2) of section 4511.99 or division (B)(5) of section 4507.99 of the Revised Code to be deposited into a county indigent drivers alcohol treatment fund or municipal indigent drivers alcohol treatment fund shall be deposited into the appropriate fund in accordance with the applicable division.

(2) That portion of the license reinstatement fee that is paid under division (L) of this section and that is credited under that division to the indigent drivers alcohol treatment fund shall be deposited into a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund as follows:

(a) If the suspension in question was imposed under this section, that portion of the fee shall be deposited as follows:

(i) If the fee is paid by a person who was charged in a county court with the violation that resulted in the suspension, the portion shall be deposited into the county indigent drivers alcohol treatment fund under the control of that court;

(ii) If the fee is paid by a person who was charged in a juvenile court with the violation that resulted in the suspension, the portion shall be deposited into the county juvenile indigent drivers alcohol treatment fund established in the county served by the court;

(iii) If the fee is paid by a person who was charged in a municipal court with the violation that resulted in the suspension, the portion shall be deposited into the municipal indigent drivers alcohol treatment fund under the control of that court.

(b) If the suspension in question was imposed under division (B) of section 4507.16 of the Revised Code, that portion of the fee shall be deposited as follows:

(i) If the fee is paid by a person whose license or permit was suspended by a county court, the portion shall be deposited into the county indigent drivers alcohol treatment fund under the control of that court;

(ii) If the fee is paid by a person whose license or permit was suspended by a municipal court, the portion shall be deposited into the municipal indigent drivers alcohol treatment fund under the control of that court.

(3) Expenditures from a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund shall be made only upon the order of a county, juvenile, or municipal court judge and only for payment of the cost of the attendance at an alcohol and drug addiction treatment program of a person who is convicted of, or found to be a juvenile traffic offender by reason of, a violation of division (A) of section 4511.19 of the Revised Code or a substantially similar municipal ordinance, who is ordered by the court to attend the alcohol and drug addiction treatment program, and who is determined by the court to be unable to pay the cost of attendance at the treatment program. The board of alcohol, drug addiction, and mental health services established pursuant to section 340.02 of the Revised Code serving the alcohol, drug addiction, and mental health service district in which the court is located shall administer the indigent drivers alcohol treatment program of the court. When a court orders an offender or juvenile traffic offender to attend an alcohol and drug addiction treatment program, the board shall determine which program is suitable to meet the needs of the offender or juvenile traffic offender, and when a suitable program is located and space is available at the program, the offender or juvenile traffic offender shall attend the program designated by the board. A reasonable amount not to exceed five per cent of the amounts credited to and deposited into the county indigent drivers alcohol treatment fund, the county juvenile indigent drivers alcohol treatment fund, or the municipal indigent drivers alcohol treatment fund serving every court whose program is administered by that board shall be paid to the board to cover the costs it incurs in administering those indigent drivers alcohol treatment programs.

This is an interim section effective until May 15, 1997.

Sec. 4511.951. (A) A fee of twelve THIRTY dollars and fifty cents shall be charged by the registrar of motor vehicles for the reinstatement of any driver's license suspended pursuant to division (A) of Article IV of the compact enacted in section 4511.95 of the Revised Code.

(B) Pursuant to division (A) of Article VI of the nonresident violator compact of 1977 enacted in section 4511.95 of the Revised Code, the director of public safety shall serve as the compact administrator for Ohio.

Sec. 4981.09. (A) There is hereby created in the state treasury the rail development fund. The fund shall consist of such moneys as may be provided by law, including moneys received from the sale, transfer, or lease of any rail property pursuant to section 4981.08 of the Revised Code, and amounts transferred pursuant to division (B) of this section. Moneys in the fund shall be used for the purpose of acquiring, rehabilitating, or developing rail property or service, or for participation in the acquisition of rail property with the federal government, municipal corporations, townships, counties, or other governmental agencies. For the purpose of acquiring such rail property, the Ohio rail development commission may obtain acquisition loans from the federal government or from any other source.

The fund shall also be used to promote, plan, design, construct, operate, and maintain passenger and freight rail transportation systems, and may be used to pay the administrative costs of the Ohio rail development commission associated with conducting any authorized rail program, and for any purpose authorized by sections 4981.03 and 5501.56 of the Revised Code. The fund shall not be used to provide loan guarantees.

(B) Twice each year:, by the last day of January MARCH for the immediately preceding June through December; and by the last day of June AUGUST for the immediately preceding January through May, the tax commissioner shall certify to the director of budget and management the identified amounts paid into the general revenue fund pursuant to Chapter 5733. of the Revised Code during those months by taxpayers engaged in the business of owning or operating a railroad either wholly or partially within this state on rights of way acquired and held exclusively by such taxpayer. The certifications shall not include amounts refunded to such taxpayers. Upon receipt of each certification, the director of budget and management shall transfer seventy-five per cent of the amount certified from the general revenue fund to the rail development fund.

Sec. 4981.34. (A) On behalf of a franchisee and pursuant to section 4981.15 of the Revised Code, the Ohio rail development commission may issue bonds for loans to finance development and construction of a franchisee's portion of a rail system. Notwithstanding section 4981.151 of the Revised Code, any ANY bonds issued pursuant to this section do not, and shall state that they do not, represent or constitute a debt or pledge of the faith and credit of the state, nor do such bonds grant to the bondholders or noteholders any right to have the general assembly levy any taxes or appropriate any funds for the payment of the principal or interest thereon. Such bonds shall be payable solely from the loan repayments the commission receives from the franchisee to which the loan was made. The loan repayments shall be made from revenues that the franchisee receives from the operation of its portion of the rail system and that shall be pledged to repay the commission, or from such other credit sources as the franchisee may arrange.

(B) The portion of the rail system awarded to a franchisee, any elements thereof, or the land upon which a franchise is situated may be owned by the franchisee or owned by the commission and leased to the franchisee for the term of the franchise.

(C) The rail system may be financed partially by the commission and partially by franchisees. With respect to that portion of the rail system financed by the commission, the commission may utilize all of the bonding and financial authority contained in sections 4981.01 to 4981.26 of the Revised Code and also may seek to obtain state funding or federal financing on behalf of the rail system. Commission financing, credit support, and financial assistance may not be commingled with private financing obtained by the franchisee, and any moneys of the commission to be expended by the commission to finance a portion of a rail system shall be kept in accounts that are separate and apart from and not a part of the accounts in which are kept any moneys to be expended by a franchisee to finance its portion of a rail system.

(D) The franchisee may arrange financing and refinancing of the system through any combination of debt, equity, and public sources available to it that it determines in its sole discretion. A franchisee shall not be precluded from utilizing any type of public or private assistance available to it in connection with the development of its franchise. A franchisee shall furnish the commission all relevant and necessary information with respect to financing terms to enable the commission to exercise its oversight responsibilities with respect to the franchisee's reasonable return on its investment.

(E) When requested by a franchisee, the commission shall seek from the office of budget and management an allotment of proceeds from the issuance of private activity bonds. The commission shall distribute those proceeds to franchisees in such proportions and amounts as it determines in its discretion.

(F)(1) The commission may levy and collect special assessments upon all parcels of real property, other than real property owned by a railroad corporation, in the immediate vicinity of any rail system station or terminal of the commission or a franchisee, including, without limitation, parcels that abut, are adjacent or contiguous to, or otherwise increase in value due to the existence of, the station or terminal. An assessment levied under this division shall be for the purpose of enabling the commission to collect a portion of the increase in the true value in money of any such parcel of property subsequent to the commencement of operation of a rail system station or terminal. All assessments shall be applied, directly or indirectly, to the development and financing of the portion of the rail system of which the station or terminal is a part.

(2) Upon written request of the commission, the county auditor of a county in which a rail system station or terminal commences operation shall assess each parcel of real property that is located in the immediate vicinity of the station or terminal and that the commission has reasonable cause to believe has increased in true value in money because of the existence of the station or terminal. The county auditor shall utilize appropriate assessment techniques specified in rules adopted by the tax commissioner pursuant to Chapter 5713. of the Revised Code to determine the increase in true value, if any, of the real property. Any increase shall be measured by comparing the true value of the real property in the year in which the commission adopted the resolution designating the location of the station or terminal, as reflected on the tax list for that year, with the highest true value of the real property as of the month in which rail system operations commenced at the station or terminal. The county auditor shall then determine what percentage of the true value increase, if any, is directly attributable to the existence of and commencement of operations at the station or terminal. The county auditor shall convert the percentage increase to an amount certain, and certify the results of the assessments to the commission. Within thirty days after receipt of the certified results, the commission shall reimburse the county auditor for the actual cost to the auditor of making the assessments.

(3) In no case shall any special assessment levied by the commission upon a parcel of real property exceed twenty per cent of the increase in the true value of the property that the county auditor certifies to the commission as being directly attributable to the existence of and commencement of operations at the station or terminal. A special assessment shall constitute a lien against the property and shall be added to the tax list and duplicate for collection. Payments on the special assessment shall be made semiannually at the same time as real property taxes are required to be paid, but upon written request of the owner of the real property assessed, the county auditor may permit the owner to pay the assessment in equal installments over a period of not longer than ten years.

(4) An owner of real property upon which a special assessment is levied under this section may file a petition in the court of common pleas of the county in which the real property is located challenging any aspect of the assessment, including the fact of the special assessment itself or the amount. The filing of such a petition shall stay the collection of any part of the special assessment, and collection shall not commence until a decision on the merits is rendered by the court.

(G) Nothing in this section shall be construed as limiting the power of the commission to issue bonds pursuant to section 4981.15 of the Revised Code for the purposes stated in that section.

Sec. 5501.32. The director of transportation may purchase property in fee simple in the name of the state by warranty deed, and all or any part of a tract of land when the acquisition of a part of the land needed for highway purposes will result in substantial damages to the residue by severance, controlled access, or isolation. The warranty deed shall contain a description of the property suitable for platting on tax maps.

The director, in the name of the state, may sell all the right, title, and interest of the state in any part of land not required for highway purposes, provided the director shall have the parcel of land appraised by a department prequalified appraiser.

Except as otherwise provided in this section, the director shall advertise such THE sale OF LAND NOT REQUIRED FOR HIGHWAY PURPOSES in a newspaper of general circulation in the county in which the land is situated for at least two consecutive weeks prior to the date set for such THE sale. Such THE land shall MAY be sold at public auction to the highest bidder for not less than two-thirds of its appraised value, BUT THE DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND.

If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is appraised as having a current fair market value of five thousand dollars or less, the director may sell the land to the sole abutting owner through a private sale at a price not less than its appraised value. If there is more than one abutting owner, the director may invite all of the abutting owners to submit sealed bids and may sell the land to the highest bidder at not less than its appraised value.

All expense incurred in the sale of each parcel of land shall be paid out of the proceeds of the sale and the balance shall be deposited in the highway fund from which the purchase was made.

The deed to such THE purchaser OF LAND UNDER THIS SECTION shall be prepared by the auditor of state, executed by the governor and, countersigned by the secretary of state, and SHALL bear the great seal of the state.

Sec. 5501.34. In the event that circumstances alter the highway requirements after the director of transportation has purchased and acquired property from the administrator of workers' compensation or retirement board, or otherwise, so that the property, or part thereof, is no longer required for highway purposes, the director may sell, in the name of the state, MAY SELL all the right, title, and interest of the state in any of the real property. As soon as reasonably practical after determining that any of the real property is no longer required for highway purposes, the director shall have the parcel of land appraised by a department prequalified appraiser.

Except as otherwise provided in this section, the director shall advertise the sale in a newspaper of general circulation in the county in which the land is situated for at least two consecutive weeks prior to the date set for the sale. Such THE land shall MAY be sold at public auction to the highest bidder for not less than two-thirds of its appraised value, provided that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND. HOWEVER, if no sale has been effected after an effort to sell under this paragraph, the director may set aside the appraisement, order a new appraisement, and, except as otherwise provided in this section, readvertise the property for sale.

If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is appraised or reappraised as having a current fair market value of five thousand dollars or less, the director may sell the land to the sole abutting owner through a private sale at a price not less than the appraised value. If there is more than one abutting owner, the director may invite all of the abutting owners to submit sealed bids and may sell the land to the highest bidder at not less than its appraised value.

If such land is reappraised as having a fair market value of one thousand dollars or less, and no sale has been effected after an effort to sell to the abutting owner or owners, the director may readvertise and sell the land at public auction to the highest bidder.

Conveyances of the lands shall be by deed executed by the governor, bear the great seal of the state of Ohio, and shall be in the form as prescribed by the attorney general. Section 5301.13 of the Revised Code, relating to the sale of public lands, shall not apply to conveyances made pursuant to this section. The director shall keep a record of all such conveyances.

Sec. 5501.37. In the event that circumstances alter the highway requirements after the director of transportation has purchased and acquired property from the commissioners of the sinking fund, or otherwise, so that such THE property, or part thereof, is no longer required for highway or recreation purposes, the director may sell, in the name of the state, MAY SELL all the right, title, and interest of the state in any such THE real property. The director may convey property that is no longer needed for highway purposes and rights-of-way and easements in such property to the director of natural resources or any political subdivisions for the use and protection of any public recreational trail. As soon as reasonably practical after determining that any such real property is no longer required for highway or recreation purposes the director shall have the parcel of land appraised by a department prequalified appraiser.

Except as otherwise provided in this section, the director shall advertise such THE sale in a newspaper of general circulation in the county in which the land is situated for at least two consecutive weeks prior to the date set for such THE sale. Such THE land shall MAY be sold at public auction to the highest bidder for not less than two-thirds of its appraised value, provided that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND. HOWEVER, if no sale has been effected after an effort to sell under this paragraph, the director may set aside the appraisement, order a new appraisement, and, except as otherwise provided in this section, readvertise the property for sale.

If, however, such land NOT REQUIRED FOR HIGHWAY OR RECREATION PURPOSES is appraised or reappraised as having a current fair market value of five thousand dollars or less, the director may sell the land to the sole abutting owner through a private sale at a price not less than the appraised value. If there is more than one abutting owner, the director may invite all of the abutting owners to submit sealed bids and may sell the land to the highest bidder at not less than its appraised value.

If such land is reappraised as having a fair market value of one thousand dollars or less, and if no sale has been effected after an effort to sell to the abutting owner or owners, the director may readvertise and sell the land at public auction to the highest bidder.

Conveyances of such land shall be by deed executed by the governor, bear the great seal of the state of Ohio, and shall be in the form as prescribed by the attorney general. The provisions of section 5301.13 of the Revised Code, relating to the sale of public lands, do not apply to conveyances made pursuant to this section. The director shall keep a record of all such conveyances.

Sec. 5502.12. The accident reports submitted pursuant to section 5502.11 of the Revised Code shall be for the use of the director of public safety for purposes of statistical, safety, and other studies. The director of public safety shall search and furnish a copy of such report to any person claiming an interest arising out of a motor vehicle accident, or to his THE PERSON'S attorney, upon the payment of a nonrefundable fee of two THREE dollars. With respect to accidents investigated by the state highway patrol, the director of public safety shall furnish to such person all related reports and statements upon the payment of a nonrefundable fee of three FOUR dollars. The cost of photographs shall be in addition to the nonrefundable three-dollar FOUR-DOLLAR fee.

Such state highway patrol reports, statements, and photographs may, in the discretion of the director of public safety, MAY be withheld until all criminal prosecution has been concluded; and the director of public safety may require proof, satisfactory to him THE DIRECTOR, of the right of any applicant to be furnished such documents.

Sec. 5513.01. (A) All purchases of machinery, materials, supplies, or other articles that the director of transportation makes shall be in the manner provided in this section. In all cases except those in which the director authorizes PROVIDES WRITTEN AUTHORIZATION FOR purchases by district deputy directors of transportation, all such purchases shall be made at the CENTRAL office of the department of transportation in Columbus. Before making any purchase at that office, the director, as provided in this section, shall give notice to bidders of the intention to purchase. Where the expenditure is DOES not more than five hundred dollars EXCEED THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 125.05 of the Revised Code, AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the director shall give such notice as the director considers proper, or the director may make the purchase without notice. Where the expenditure is more than five hundred dollars EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 125.05 of the Revised Code, AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the director shall give notice by posting for not less than ten days a written, typed, or printed invitation to bidders on a bulletin board, which shall be located in a place in the offices assigned to the department and open to the public during business hours. Producers or distributors of any product may notify the director, in writing, of the class of articles for the furnishing of which they desire to bid and their post-office addresses, in which case copies of all invitations to bidders relating to the purchase of such articles shall be mailed to such persons by the director by regular first class mail at least ten days prior to the time fixed for taking bids. The director also may mail copies of all invitations to bidders to news agencies or other agencies or organizations distributing information of this character. Requests for invitations shall not be valid or NOR require action by the director unless renewed, either annually or after such shorter period as the director may prescribe by a general regulation RULE. The invitation to bidders shall contain a brief statement of the general character of the article that it is intended to purchase, the approximate quantity desired, and a statement of the time and place where bids will be received, and may relate to and describe as many different articles as the director thinks proper, it being the intent and purpose of this section to authorize the inclusion in a single invitation of as many different articles as the director desires to invite bids upon at any given time. Invitations issued during each calendar year shall be given consecutive numbers, and the number assigned to each invitation shall appear on all copies thereof. In all cases where notice is required by this section, sealed bids shall be taken, on forms prescribed and furnished by the director, and modification of bids after they have been opened shall not be permitted.

(B) The director may permit any political subdivision and any state university or college to participate in contracts into which the director has entered for the purchase of machinery, materials, supplies, or other articles. Any political subdivision or state university or college desiring to participate in such purchase contracts shall file with the director a certified copy of the ordinance or resolution of its legislative authority, board of trustees, or other governing board requesting authorization to participate in such contracts and agreeing to be bound by such terms and conditions as the director prescribes. Purchases made by political subdivisions or state universities or colleges under this division are exempt from any competitive bidding required by law for the purchase of machinery, materials, supplies, or other articles.

(C) As used in this section:

(1) "Political subdivision" means any county, township, municipal corporation, conservancy district, township park district, park district created under Chapter 1545. of the Revised Code, port authority, regional transit authority, regional airport authority, regional water and sewer district, or county transit board.

(2) "State university or college" has the same meaning as in division (A)(1) of section 3345.32 of the Revised Code.

(D) This is an interim section effective until March 4, 1998.

Sec. 5513.04. (A) The NOTWITHSTANDING SECTIONS 125.12, 125.13, AND 125.14 of the Revised Code, THE director of transportation, after notice as provided in sections 5513.01 and 5513.02 of the Revised Code with respect to purchase, may sell any STRUCTURE, machinery, tools, equipment, material, PARTS, OFFICE FURNITURE, or supplies unfit for use or not required NEEDED by the department of transportation. Prior THE DIRECTOR MAY SELL OR TRANSFER ANY ITEM SPECIFIED IN THIS DIVISION TO ANY AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE WITHOUT NOTICE OF THE PROPOSED DISPOSAL AND UPON ANY MUTUALLY AGREED UPON TERMS. THE DIRECTOR MAY EXCHANGE ANY SUCH ITEM, IN THE MANNER PROVIDED FOR IN THIS CHAPTER, AND PAY THE BALANCE OF THE COST OF SUCH NEW ITEM FROM ANY FUNDS APPROPRIATED TO THE DEPARTMENT. THE DIRECTOR ALSO MAY ACCEPT A CREDIT VOUCHER IN AN AMOUNT MUTUALLY AGREED UPON BETWEEN A VENDOR AND THE DEPARTMENT. THE AMOUNT OF THE CREDIT VOUCHER SHALL BE APPLIED TO FUTURE PURCHASES FROM THAT VENDOR.

(B) NOTWITHSTANDING SECTIONS 125.12, 125.13, AND 125.14 OF THE REVISED CODE, THE DIRECTOR, AFTER NOTICE AS PROVIDED IN THIS CHAPTER WITH RESPECT TO PURCHASE, MAY SELL ANY PASSENGER VEHICLE, VAN, TRUCK, TRAILER, OR OTHER HEAVY EQUIPMENT UNFIT FOR USE OR NOT REQUIRED BY THE DEPARTMENT. PRIOR to such sale, the director shall notify each county, municipal corporation, township, and school district of the sale. The director shall similarly notify the board of trustees of any regional water and sewer district established under Chapter 6119. of the Revised Code, when the board has forwarded to him THE DIRECTOR the district's name and current business address. For the purposes of this division, the name and current business address of a regional water and sewer district shall be forwarded to the director once each year during any year in which the board wishes the notification to be given. THE NOTICE REQUIRED BY THIS DIVISION MAY BE GIVEN BY THE MOST ECONOMICAL MEANS CONSIDERED TO BE EFFECTIVE, INCLUDING, BUT NOT LIMITED TO, REGULAR MAIL, ELECTRONIC MAIL, ELECTRONIC BULLETIN BOARD, AND PUBLICATION IN A PERIODICAL OR NEWSPAPER. If after fourteen SEVEN days following mailing OR OTHER ISSUANCE of the director's notice, no county, municipal corporation, township, regional water and sewer district, educational service center, or school district has notified the director that it wishes to purchase any such machinery, tools, equipment, material, VEHICLE or supplies OTHER HEAVY EQUIPMENT, the director may proceed with the sale UNDER DIVISION (D) OF THIS SECTION. The director may exchange such machinery, tools, VEHICLES and OTHER HEAVY equipment for new VEHICLES OR OTHER HEAVY equipment, in the manner provided for in sections 5513.01 to 5513.04 of the Revised Code, and pay the balance of the cost of such new VEHICLES OR OTHER HEAVY equipment from the highway operating fund of FUNDS APPROPRIATED TO the department.

The IN AN EMERGENCY SITUATION AS DETERMINED BY THE DIRECTOR, THE director may transfer any machinery, tools, equipment, materials, VEHICLES or supplies OTHER HEAVY EQUIPMENT THAT IS unfit for use or not required NEEDED by the department to counties, municipal corporations, ANY AGENCY OF THE STATE or other governmental subdivisions POLITICAL SUBDIVISION OF THE STATE without advertising for bids and upon such MUTUALLY AGREED TO terms as the director may agree with the public authorities empowered to arrange for the transfer.

(B)(C) The director may sell or otherwise dispose of any structure or structural materials salvaged on the state highway system that in his THE DIRECTOR'S judgment are no longer required NEEDED by the department, or that, through wear or obsolescence, have become unfit for use. The director may authorize the sale of the structure or materials by the district deputy directors of transportation, and proceedings of such sale shall be conducted in the same manner as provided for sales by the director.

Sale of such structure or materials shall be made to the highest responsible bidder and, before making any sale, the director shall give notice of such sale by posting, for not less than ten days, a written, typed, or printed invitation to bidders on a bulletin board in the offices of the department. The bulletin board shall be located in a place open to the public during business hours. If, in the opinion of the director, the structure or materials to be sold have a fair market value of two hundred dollars or less, the director need not advertise the proposed sale except by notice posted on the bulletin board in the offices of the department. If the structure or materials to be sold have a fair market value in excess of two hundred dollars, then the director shall publish one notice of the sale in a newspaper of general circulation in the county in which such structure or materials are located, and notice shall be published at least ten days before bids are to be received. The invitation to bidders shall contain a brief description of the materials to be sold and a statement of the time and place where bids will be received. The director may, in the same invitation, receive bids on the structure as a whole with alternate bids on each of the separate parts or classes of materials making up the whole, and may make such sale on whichever basis he determines is most advantageous to the department. If, after invitations are issued, it develops that any public authority has use for the structure or materials, the director may reject all bids and dispose of the structure or materials as set out in this section.

The director may transfer the structure or materials to counties, municipal corporations, or other governmental subdivisions without advertising for bids and upon such MUTUALLY AGREED TO terms as he may agree with the public authorities empowered to arrange for the transfer. The director may transfer the structure or structures to a nonprofit corporation upon being furnished a copy of a contract between the nonprofit corporation and a county, municipal corporation, or other governmental subdivision to which the structure is to be moved pursuant to which the nonprofit corporation must make the structure or structures available for rent or sale within a period of three months after becoming available for occupancy to an individual or family which has been displaced by governmental action or which occupies substandard housing as certified by such governmental subdivision, without advertising for bids. Any such transfers shall be for such consideration as shall be determined by the director to be fair and reasonable, and shall be upon such terms and specifications with respect to performance and indemnity as shall be determined necessary by the director.

(C) When, in carrying out an improvement that replaces any structure or materials, it is advantageous to dispose of the structure or materials by providing in the contract for the improvement that the structure or materials, or any part thereof, shall become the property of the contractor, the director may so proceed.

(D)(1) ANY ITEM SPECIFIED IN DIVISION (A), (B), OR (C) OF THIS SECTION THAT HAS AN ESTIMATED MARKET VALUE GREATER THAN ONE THOUSAND DOLLARS AND THAT HAS NOT BEEN SOLD OR TRANSFERRED AS PROVIDED IN THOSE DIVISIONS MAY BE SOLD AT PUBLIC SALE. THE DIRECTOR MAY AUTHORIZE SUCH SALE BY THE DISTRICT DEPUTY DIRECTORS OF TRANSPORTATION, AND THE PROCEEDINGS OF SUCH SALE SHALL BE CONDUCTED IN THE SAME MANNER AS PROVIDED FOR SALES BY THE DIRECTOR.

BEFORE MAKING ANY SALE UNDER DIVISION (D)(1) OF THIS SECTION, THE DIRECTOR SHALL GIVE NOTICE OF THE SALE BY POSTING, FOR NOT LESS THAN TEN DAYS, A WRITTEN, TYPED, OR PRINTED INVITATION TO BIDDERS ON A TRADITIONAL OR ELECTRONIC BULLETIN BOARD IN THE OFFICES OF THE DEPARTMENT. THE BULLETIN BOARD SHALL BE LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS HOURS. AT LEAST TEN DAYS BEFORE BIDS ARE TO BE RECEIVED, THE DIRECTOR ALSO SHALL PUBLISH ONE NOTICE OF THE SALE IN A PERIODICAL OR NEWSPAPER OF GENERAL CIRCULATION IN THE REGION IN WHICH THE ITEMS ARE LOCATED. THE INVITATION TO BIDDERS AND THE PUBLISHED NOTICE OF THE SALE SHALL CONTAIN A BRIEF DESCRIPTION OF THE ITEMS TO BE SOLD AND A STATEMENT OF THE TIME AND PLACE WHERE BIDS WILL BE RECEIVED. THE DIRECTOR MAY RECEIVE BIDS AND MAKE SUCH SALE ON ANY BASIS THE DIRECTOR DETERMINES IS MOST ADVANTAGEOUS TO THE DEPARTMENT. A SALE UNDER DIVISION (D)(1) OF THIS SECTION SHALL BE MADE TO THE HIGHEST RESPONSIBLE BIDDER. IF, AFTER INVITATIONS ARE ISSUED, IT DEVELOPS THAT ANY PUBLIC AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION.

(2) IF, IN THE OPINION OF THE DIRECTOR, ANY ITEM SPECIFIED IN DIVISION (A), (B), OR (C) OF THIS SECTION HAS AN ESTIMATED FAIR MARKET VALUE OF ONE THOUSAND DOLLARS OR LESS, THE DIRECTOR IS NOT REQUIRED TO ADVERTISE THE PROPOSED SALE EXCEPT BY NOTICE POSTED ON A TRADITIONAL OR ELECTRONIC BULLETIN BOARD IN ONE OR MORE OFFICES OF THE DEPARTMENT. THE BULLETIN BOARD SHALL BE LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS HOURS. THE NOTICE SHALL BE POSTED FOR AT LEAST FIVE WORKING DAYS AND SHALL CONTAIN A BRIEF DESCRIPTION OF THE ITEMS TO BE SOLD AND A STATEMENT OF THE TIME AND PLACE WHERE BIDS WILL BE RECEIVED. THE DIRECTOR MAY RECEIVE BIDS AND MAKE SUCH SALE ON ANY BASIS THE DIRECTOR DETERMINES IS MOST ADVANTAGEOUS TO THE DEPARTMENT. SALE OF ANY ITEM USING THIS METHOD OF ADVERTISING SHALL BE MADE TO THE HIGHEST RESPONSIBLE BIDDER. IF IT DEVELOPS THAT ANY PUBLIC AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION.

(E) Proceeds of any sale described in this section shall be paid into the state treasury to the credit of the state highway operating fund OR ANY OTHER FUND OF THE DEPARTMENT AS DETERMINED BY THE DIRECTOR.

(E)(F) As used in this section, "school district" means any city school district, local school district, exempted village school district, cooperative education school district, and joint vocational school district, as defined in Chapter 3311. of the Revised Code. Once each year, the state board of education shall provide the director with a current list of the addresses of all school districts and educational service centers in the state.

Sec. 5531.09. (A) The state infrastructure bank shall consist of the highway and transit infrastructure bank fund, the aviation infrastructure bank fund, the rail infrastructure bank fund, and the infrastructure bank obligations fund, which are hereby created as funds of the state treasury, to be administered by the director of transportation and used for the purposes described in division (B) of this section. The highway and transit infrastructure bank fund, the aviation infrastructure bank fund, and the rail infrastructure bank fund shall consist of federal grants and awards or other assistance received by the state and eligible for deposit therein under applicable federal law, payments received by the department in connection with providing financial assistance for qualifying projects under division (B) of this section, and such other amounts as may be provided by law, the. THE infrastructure bank obligations fund shall consist of such amounts of the proceeds of obligations issued under section 5531.10 of the Revised Code as the director of transportation determines with the advice of the director of budget and management; and such other amounts as may be provided by law. The director of budget and management may, upon the request of the director of transportation, MAY transfer amounts between the funds created in this division, except the infrastructure bank obligations fund. The investment earnings of each fund created by this division shall be credited to such fund.

(B) The director of transportation shall use the state infrastructure bank to encourage public and private investment in transportation facilities that contribute to the multi-modal and intermodal transportation capabilities of the state, develop a variety of financing techniques designed to expand the availability of funding resources and to reduce direct state costs, maximize private and local participation in financing projects, and improve the efficiency of the state transportation system by using and developing the particular advantages of each transportation mode to the fullest extent. In furtherance of these purposes, the director shall use the state infrastructure bank to provide financial assistance to public or private entities for qualified projects. Such assistance shall be in the form of loans, loan guarantees, letters of credit, leases, lease-purchase agreements, interest rate subsidies, debt service reserves, and such other forms as the director determines to be appropriate. All fees, charges, rates of interest, payment schedules, security for, and other terms and conditions relating to such assistance shall be determined by the director. The highway and transit infrastructure bank fund, the aviation infrastructure bank fund, and the rail infrastructure bank fund may be used to pay debt service on obligations whose proceeds have been deposited into the infrastructure bank obligations fund.

(C) The director shall adopt rules establishing guidelines necessary for the implementation and exercise of the authority granted by this section, including rules for receiving, reviewing, evaluating, and selecting projects for which financial assistance may be approved.

(D) As used in this section and in section 5531.10 of the Revised Code, "qualified project" means any public or private transportation project as determined by the director of transportation, including, without limitation, planning, environmental impact studies, engineering, construction, reconstruction, resurfacing, restoring, rehabilitation, or replacement of public or private transportation facilities within the state, studying the feasibility thereof, and the acquisition of real or personal property or interests therein; any highway, public transit, aviation, rail, or other transportation project eligible for financing or aid under any federal or state program; and any project involving the maintaining, repairing, improving, or construction of any public or private highway, road, street, parkway, public transit, aviation, or rail project, and any related rights-of-way, bridges, tunnels, railroad-highway crossings, drainage structures, signs, guardrails, or protective structures.

(E) The general assembly finds that state infrastructure projects, as defined in division (A)(8) of section 5531.10 of the Revised Code, and the state infrastructure bank, will materially contribute to the economic revitalization of areas of the state and result in improving the economic welfare of all the people of the state. Accordingly, it is declared to be the public purpose of the state, through operations under sections 5531.09 and 5531.10 of the Revised Code, and other applicable laws adopted pursuant to Section 13 of Article VIII, Ohio Constitution, and other authority vested in the general assembly, to assist in and facilitate the purposes set forth in division (B) of section 5531.10 of the Revised Code, and to assist and cooperate with any governmental agency in achieving such purpose.

Sec. 5531.10. (A) As used in this chapter:

(1) "Bond proceedings" means the resolution, order, trust agreement, indenture, lease, lease-purchase AGREEMENTS, and other agreements, amendments and supplements to the foregoing, or any one or more or combination thereof, authorizing or providing for the terms and conditions applicable to, or providing for the security or liquidity of, obligations issued pursuant to this section, and the provisions contained in such obligations.

(2) "Bond service charges" means principal, including mandatory sinking fund requirements for retirement of obligations, and interest, and redemption premium, if any, required to be paid by the state on obligations.

(3) "Bond service fund" means the applicable fund and accounts therein created for and pledged to the payment of bond service charges, which may be, or may be part of, the state infrastructure bank revenue bond service fund created by division (S) of this section including all moneys and investments, and earnings from investments, credited and to be credited thereto.

(4) "Issuing authority" means the treasurer of state, or the officer who by law performs the functions of the treasurer of state.

(5) "Obligations" means bonds, notes, or other evidence of obligation including interest coupons pertaining thereto, issued pursuant to this section.

(6) "Pledged receipts" means moneys accruing to the state from the lease, lease-purchase, sale, or other disposition, or use, of qualified projects, and from the repayment, including interest, of loans made from proceeds received from the sale of obligations; accrued interest received from the sale of obligations; income from the investment of the special funds; any gifts, grants, donations, and pledges, and receipts therefrom, available for the payment of bond service charges; and any amounts in the state infrastructure bank pledged to the payment of such charges.

(7) "Special funds" or "funds" means, except where the context does not permit, the bond service fund, and any other funds, including reserve funds, created under the bond proceedings, and the state infrastructure bank revenue bond service fund created by division (S) of this section to the extent provided in the bond proceedings, including all moneys and investments, and earnings from investment, credited and to be credited thereto.

(8) "STATE INFRASTRUCTURE PROJECT" MEANS ANY PUBLIC TRANSPORTATION PROJECT UNDERTAKEN BY THE STATE, INCLUDING, BUT NOT LIMITED TO, ALL COMPONENTS OF ANY SUCH PROJECT, AS DESCRIBED IN DIVISION (D) OF SECTION 5531.09 of the Revised Code.

(B) The issuing authority, with the advice of AFTER GIVING WRITTEN NOTICE TO the director of budget and management and upon the certification by the director of transportation to the issuing authority of the amount of moneys or additional moneys needed EITHER FOR STATE INFRASTRUCTURE PROJECTS OR to provide financial assistance for any of the purposes for which the state infrastructure bank may be used under section 5531.09 of the Revised Code, or needed for capitalized interest, funding reserves, and paying costs and expenses incurred in connection with the issuance, carrying, securing, paying, redeeming, or retirement of the obligations or any obligations refunded thereby, including payment of costs and expenses relating to letters of credit, lines of credit, insurance, put agreements, standby purchase agreements, indexing, marketing, remarketing and administrative arrangements, interest swap or hedging agreements, and any other credit enhancement, liquidity, remarketing, renewal, or refunding arrangements, all of which are authorized by this section, shall issue obligations of the state under this section in the required amount. The proceeds of such obligations, except for the portion to be deposited in special funds, including reserve funds, as may be provided in the bond proceedings, shall as provided in the bond proceedings be credited to the INFRASTRUCTURE BANK OBLIGATIONS FUND OF THE state infrastructure bank created by section 5531.09 of the Revised Code. The issuing authority may appoint trustees, paying agents, transfer agents, and authenticating agents, and may retain the services of financial advisors, accounting experts, and attorneys, and retain or contract for the services of marketing, remarketing, indexing, and administrative agents, other consultants, and independent contractors, including printing services, as are necessary in the issuing authority's judgment to carry out this section. The costs of such services are payable from FUNDS OF the state infrastructure bank.

(C) The holders or owners of such obligations shall have no right to have moneys raised by taxation by the state of Ohio obligated or pledged, and moneys so raised shall not be obligated or pledged, for the payment of bond service charges. The right of such holders and owners to payment of bond service charges is limited to all or that portion of the pledged receipts and those special funds pledged thereto pursuant to the bond proceedings for such obligations in accordance with this section, and each such obligation shall bear on its face a statement to that effect.

(D) Obligations shall be authorized by order of the issuing authority and the bond proceedings shall provide for the purpose thereof and the principal amount or amounts, and shall provide for or authorize the manner or agency for determining the principal maturity or maturities, not exceeding twenty-five years from the date of issuance, the interest rate or rates or the maximum interest rate, the date of the obligations and the dates of payment of interest thereon, their denomination, and the establishment within or without the state of a place or places of payment of bond service charges. Sections 9.98 to 9.983 of the Revised Code are applicable to obligations issued under this section. The purpose of such obligations may be stated in the bond proceedings in terms describing the general purpose or purposes to be served. The bond proceedings also shall provide, subject to the provisions of any other applicable bond proceedings, for the pledge of all, or such part as the issuing authority, with the advice of the director of budget and management and the director of transportation, may determine, of the pledged receipts and the applicable special fund or funds to the payment of bond service charges, which pledges may be made either prior or subordinate to other expenses, claims, or payments, and may be made to secure the obligations on a parity with obligations theretofore or thereafter issued, if and to the extent provided in the bond proceedings. The pledged receipts and special funds so pledged and thereafter received by the state are immediately subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledges is valid and binding against all parties having claims of any kind against the state or any governmental agency of the state, irrespective of whether such parties have notice thereof, and shall create a perfected security interest for all purposes of Chapter 1309. of the Revised Code, without the necessity for separation or delivery of funds or for the filing or recording of the bond proceedings by which such pledge is created or any certificate, statement or other document with respect thereto; and the pledge of such pledged receipts and special funds is effective and the money therefrom and thereof may be applied to the purposes for which pledged without necessity for any act of appropriation. Every pledge, and every covenant and agreement made with respect thereto, made in the bond proceedings may therein be extended to the benefit of the owners and holders of obligations authorized by this section, and to any trustee therefor, for the further security of the payment of the bond service charges.

(E) The bond proceedings may contain additional provisions as to:

(1) The redemption of obligations prior to maturity at the option of the issuing authority at such price or prices and under such terms and conditions as are provided in the bond proceedings;

(2) Other terms of the obligations;

(3) Limitations on the issuance of additional obligations;

(4) The terms of any trust agreement or indenture securing the obligations or under which the same may be issued;

(5) The deposit, investment and application of special funds, and the safeguarding of moneys on hand or on deposit, without regard to Chapter 131. or 135. of the Revised Code, but subject to any special provisions of this chapter SECTION with respect to particular funds or moneys, provided that any bank or trust company which acts as depository of any moneys in the special funds may furnish such indemnifying bonds or may pledge such securities as required by the issuing authority;

(6) Any or every provision of the bond proceedings being binding upon such officer, board, commission, authority, agency, department, or other person or body as may from time to time have the authority under law to take such actions as may be necessary to perform all or any part of the duty required by such provision;

(7) Any provision that may be made in a trust agreement or indenture;

(8) Any other or additional agreements with the holders of the obligations, or the trustee therefor, relating to the obligations or the security therefor, including the assignment of mortgages or other security relating to financial assistance for qualified projects under section 5531.09 of the Revised Code.

(F) The obligations may have the great seal of the state or a facsimile thereof affixed thereto or printed thereon. The obligations and any coupons pertaining to obligations shall be signed or bear the facsimile signature of the issuing authority. Any obligations or coupons may be executed by the person who, on the date of execution, is the proper issuing authority although on the date of such bonds or coupons such person was not the issuing authority. In case the issuing authority whose signature or a facsimile of whose signature appears on any such obligation or coupon ceases to be the issuing authority before delivery thereof, such signature or facsimile is nevertheless valid and sufficient for all purposes as if the former issuing authority had remained the issuing authority until such delivery; and in case the seal to be affixed to obligations has been changed after a facsimile of the seal has been imprinted on such obligations, such facsimile seal shall continue to be sufficient as to such obligations and obligations issued in substitution or exchange therefor.

(G) All obligations are negotiable instruments and securities under Chapter 1308. of the Revised Code, subject to the provisions of the bond proceedings as to registration. The obligations may be issued in coupon or in registered form, or both, as the issuing authority determines. Provision may be made for the registration of any obligations with coupons attached thereto as to principal alone or as to both principal and interest, their exchange for obligations so registered, and for the conversion or reconversion into obligations with coupons attached thereto of any obligations registered as to both principal and interest, and for reasonable charges for such registration, exchange, conversion, and reconversion.

(H) Obligations may be sold at public sale or at private sale, as determined in the bond proceedings.

(I) Pending preparation of definitive obligations, the issuing authority may issue interim receipts or certificates which shall be exchanged for such definitive obligations.

(J) In the discretion of the issuing authority, obligations may be secured additionally by a trust agreement or indenture between the issuing authority and a corporate trustee which may be any trust company or bank having its principal place of business within the state. Any such agreement or indenture may contain the order authorizing the issuance of the obligations, any provisions that may be contained in any bond proceedings, and other provisions which are customary or appropriate in an agreement or indenture of such type, including, but not limited to:

(1) Maintenance of each pledge, trust agreement, indenture, or other instrument comprising part of the bond proceedings until the state has fully paid the bond service charges on the obligations secured thereby, or provision therefor has been made;

(2) In the event of default in any payments required to be made by the bond proceedings, or any other agreement of the issuing authority made as a part of the contract under which the obligations were issued, enforcement of such payments or agreement by mandamus, the appointment of a receiver, suit in equity, action at law, or any combination of the foregoing;

(3) The rights and remedies of the holders of obligations and of the trustee, and provisions for protecting and enforcing them, including limitations on rights of individual holders of obligations;

(4) The replacement of any obligations that become mutilated or are destroyed, lost, or stolen;

(5) Such other provisions as the trustee and the issuing authority agree upon, including limitations, conditions, or qualifications relating to any of the foregoing.

(K) Any holder of obligations or a trustee under the bond proceedings, except to the extent that the holder's or trustee's rights are restricted by the bond proceedings, may by any suitable form of legal proceedings, protect and enforce any rights under the laws of this state or granted by such bond proceedings. Such rights include the right to compel the performance of all duties of the issuing authority and the director of transportation required by the bond proceedings or sections 5531.09 and 5531.10 of the Revised Code; to enjoin unlawful activities; and in the event of default with respect to the payment of any bond service charges on any obligations or in the performance of any covenant or agreement on the part of the issuing authority or the director of transportation in the bond proceedings, to apply to a court having jurisdiction of the cause to appoint a receiver to receive and administer the pledged receipts and special funds, other than those in the custody of the treasurer of state, which are pledged to the payment of the bond service charges on such obligations or which are the subject of the covenant or agreement, with full power to pay, and to provide for payment of bond service charges on, such obligations, and with such powers, subject to the direction of the court, as are accorded receivers in general equity cases, excluding any power to pledge additional revenues or receipts or other income or moneys of the state or local governmental entities, or agencies thereof, to the payment of such principal and interest and excluding the power to take possession of, mortgage, or cause the sale or otherwise dispose of any project facilities.

Each duty of the issuing authority and the issuing authority's officers and employees, and of each state or local governmental agency and its officers, members, or employees, undertaken pursuant to the bond proceedings or any loan, loan guarantee, lease, lease-purchase AGREEMENT, or other agreement made under authority of section 5531.09 of the Revised Code, and in every agreement by or with the issuing authority, is hereby established as a duty of the issuing authority, and of each such officer, member, or employee having authority to perform such duty, specifically enjoined by the law resulting from an office, trust, or station within the meaning of section 2731.01 of the Revised Code.

The person who is at the time the issuing authority, or the issuing authority's officers or employees, are not liable in their personal capacities on any obligations issued by the issuing authority or any agreements of or with the issuing authority.

(L) The issuing authority may authorize and issue obligations for the refunding, including funding and retirement, and advance refunding with or without payment or redemption prior to maturity, of any obligations previously issued by the issuing authority. Such obligations may be issued in amounts sufficient for payment of the principal amount of the prior obligations, any redemption premiums thereon, principal maturities of any such obligations maturing prior to the redemption of the remaining obligations on a parity therewith, interest accrued or to accrue to the maturity dates or dates of redemption of such obligations, and any allowable costs including expenses incurred or to be incurred in connection with such issuance and such refunding, funding, and retirement. Subject to the bond proceedings therefor, the portion of proceeds of the sale of obligations issued under this division to be applied to bond service charges on the prior obligations shall be credited to an appropriate account held by the trustee for such prior or new obligations or to the appropriate account in the bond service fund for such obligations. Obligations authorized under this division shall be deemed to be issued for those purposes for which such prior obligations were issued and are subject to the provisions of this section pertaining to other obligations, except as otherwise provided in this section. The last maturity of obligations authorized under this division shall not be later than twenty-five years from the date of issuance of the original securities issued for the original purpose.

(M) The authority to issue obligations under this section includes authority to issue obligations in the form of bond anticipation notes and to renew the same from time to time by the issuance of new notes. The holders of such notes or interest coupons pertaining thereto shall have a right to be paid solely from the pledged receipts and special funds that may be pledged to the payment of the bonds anticipated, or from the proceeds of such bonds or renewal notes, or both, as the issuing authority provides in the order authorizing such notes. Such notes may be additionally secured by covenants of the issuing authority to the effect that the issuing authority and the state will do such or all things necessary for the issuance of such bonds or renewal notes in appropriate amount, and apply the proceeds thereof to the extent necessary, to make full payment of the principal of and interest on such notes at the time or times contemplated, as provided in such order. For such purpose, the issuing authority may issue bonds or renewal notes in such principal amount and upon such terms as may be necessary to provide funds to pay when required the principal of and interest on such notes, notwithstanding any limitations prescribed by or for purposes of this section. Subject to this division, all provisions for and references to obligations in this section are applicable to notes authorized under this division.

The issuing authority in the bond proceedings authorizing the issuance of bond anticipation notes shall set forth for such bonds an estimated interest rate and a schedule of principal payments for such bonds and the annual maturity dates thereof.

(N) Obligations issued under this section are lawful investments for banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxing districts of this state, the commissioners of the sinking fund of the state, the administrator of workers' compensation IN ACCORDANCE WITH THE INVESTMENT POLICY ESTABLISHED BY THE WORKERS' COMPENSATION OVERSIGHT COMMISSION PURSUANT TO SECTION 4121.12 of the Revised Code, the state teachers retirement system, the public employees retirement system, the school employees retirement system, and the police and firemen's disability and pension fund, notwithstanding any other provisions of the Revised Code or rules adopted pursuant thereto by any agency of the state with respect to investments by them, and are also acceptable as security for the deposit of public moneys.

(O) Unless otherwise provided in any applicable bond proceedings, moneys to the credit of or in the special funds established by or pursuant to this section may be invested by or on behalf of the issuing authority only in notes, bonds, or other obligations of the United States, or of any agency or instrumentality of the United States, obligations guaranteed as to principal and interest by the United States, obligations of this state or any political subdivision of this state, and certificates of deposit of any national bank located in this state and any bank, as defined in section 1101.01 of the Revised Code, subject to inspection by the superintendent of financial institutions. If the law or the instrument creating a trust pursuant to division (J) of this section expressly permits investment in direct obligations of the United States or an agency of the United States, unless expressly prohibited by the instrument, such moneys also may be invested in no-front-end-load money market mutual funds consisting exclusively of obligations of the United States or an agency of the United States and in repurchase agreements, including those issued by the fiduciary itself, secured by obligations of the United States or an agency of the United States; and in common trust funds established in accordance with COLLECTIVE INVESTMENT FUNDS AS DEFINED IN DIVISION (A) OF section 1109.20 1111.01 of the Revised Code and consisting exclusively of any such securities, notwithstanding division (A)(4) of that section. The income from such investments shall be credited to such funds as the issuing authority determines, and such investments may be sold at such times as the issuing authority determines or authorizes.

(P) Provision may be made in the applicable bond proceedings for the establishment of separate accounts in the bond service fund and for the application of such accounts only to the specified bond service charges on obligations pertinent to such accounts and bond service fund and for other accounts therein within the general purposes of such fund. Unless otherwise provided in any applicable bond proceedings, moneys to the credit of or in the several special funds established pursuant to this section shall be disbursed on the order of the treasurer of state, provided that no such order is required for the payment from the bond service fund when due of bond service charges on obligations.

(Q) The issuing authority may, with the advice of the director of transportation and the director of budget and management, pledge all, or such portion as the issuing authority determines, of the pledged receipts to the payment of bond service charges on obligations issued under this section, and for the establishment and maintenance of any reserves, as provided in the bond proceedings, and make other provisions therein with respect to pledged receipts as authorized by this chapter, which provisions are controlling notwithstanding any other provisions of law pertaining thereto.

(R) There is hereby created the state infrastructure bank revenue bond service fund, which shall be in the custody of the treasurer of state but shall not be a part of the state treasury. All moneys received by or on account of the issuing authority or state agencies and required by the applicable bond proceedings, consistent with this section, to be deposited, transferred, or credited to the bond service fund, and all other moneys transferred or allocated to or received for the purposes of the fund, shall be deposited and credited to such fund and to any separate accounts therein, subject to applicable provisions of the bond proceedings, but without necessity for any act of appropriation. The state infrastructure bank revenue bond service fund is a trust fund and is hereby pledged to the payment of bond service charges to the extent provided in the applicable bond proceedings, and payment thereof from such fund shall be made or provided for by the treasurer of state in accordance with such bond proceedings without necessity for any act of appropriation.

(S) THE OBLIGATIONS ISSUED PURSUANT TO THIS SECTION, THE TRANSFER THEREOF, AND THE INCOME THEREFROM, INCLUDING ANY PROFIT MADE ON THE SALE THEREOF, SHALL AT ALL TIMES BE FREE FROM TAXATION WITHIN THIS STATE.

Sec. 5735.05. (A) To provide revenue for maintaining the state highway system; to widen existing surfaces on such highways; to resurface such highways; to pay that portion of the construction cost of a highway project which a county, township, or municipal corporation normally would be required to pay, but which the director of transportation, pursuant to division (B) of section 5531.08 of the Revised Code, determines instead will be paid from moneys in the highway operating fund; to enable the counties of the state properly to plan, maintain, and repair their roads and to pay principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code for highway improvements; to enable the municipal corporations to plan, construct, reconstruct, repave, widen, maintain, repair, clear, and clean public highways, roads, and streets, and to pay the principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code for highway improvements; to enable the Ohio turnpike commission to construct, reconstruct, maintain, and repair turnpike projects; to maintain and repair bridges and viaducts; to purchase, erect, and maintain street and traffic signs and markers; to purchase, erect, and maintain traffic lights and signals; to pay the costs apportioned to the public under sections 4907.47 and 4907.471 of the Revised Code and to supplement revenue already available for such purposes; to pay the costs incurred by the public utilities commission in administering sections 4907.47 to 4907.476 of the Revised Code; to distribute equitably among those persons using the privilege of driving motor vehicles upon such highways and streets the cost of maintaining and repairing them; to pay the interest, principal, and charges on HIGHWAY CAPITAL IMPROVEMENTS bonds and other obligations issued pursuant to Section 2g 2m of Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11 5528.51 TO 5528.56 of the Revised Code; to pay the interest, principal, and charges on highway obligations issued pursuant to Section 2i of Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised Code; and to provide revenue for the purposes of sections 1547.71 to 1547.78 of the Revised Code, a motor fuel excise tax is hereby imposed on all motor fuel dealers upon receipt of motor fuel within this state at the rate of two cents plus the cents per gallon rate on each gallon so received, to be computed in the manner set forth in section 5735.06 of the Revised Code; provided that no tax is hereby imposed upon the following transactions:

(1) The sale of dyed diesel fuel by a licensed motor fuel dealer from a location other than a retail service station provided the licensed motor fuel dealer places on the face of the delivery document or invoice, or both if both are used, a conspicuous notice stating that the fuel is dyed and is not for taxable use, and that taxable use of that fuel is subject to a penalty. The tax commissioner, by rule, may provide that any notice conforming to rules or regulations issued by the United States department of the treasury or the Internal Revenue Service is sufficient notice for the purposes of division (A)(1) of this section;

(2) The sale of K-1 (water clear) kerosene to a retail service station, except when placed directly in the fuel supply tank of a motor vehicle. Such sale shall be rebuttably presumed to not be distributed or sold for use or used to generate power for the operation of motor vehicles upon the public highways or upon the waters within the boundaries of this state;.

(3) The sale of motor fuel by a licensed motor fuel dealer to another licensed motor fuel dealer;

(4) The exportation of motor fuel by a licensed motor fuel dealer from this state to any other state or foreign country;

(5) The sale of motor fuel to the United States government or any of its agencies, except such tax as is permitted by it, where such sale is evidenced by an exemption certificate, in form approved by the tax commissioner, executed by the United States government or an agency thereof certifying that the motor fuel therein identified has been purchased for the exclusive use of the United States government or its agency;

(6) The sale of motor fuel which is in the process of transportation in foreign or interstate commerce, except in so far as it may be taxable under the constitution CONSTITUTION and statutes of the United States, and except as may be agreed upon in writing by the dealer and the commissioner;

(7) The sale of motor fuel when sold exclusively for use in the operation of aircraft, where such sale is evidenced by an exemption certificate prescribed by the commissioner and executed by the purchaser certifying that the motor fuel purchased has been purchased for exclusive use in the operation of aircraft.

(8) The sale for exportation of motor fuel by a licensed motor fuel dealer to a licensed exporter type A;

(9) The sale for exportation of motor fuel by a licensed motor fuel dealer to a licensed exporter type B, provided that the destination state motor fuel tax has been paid or will be accrued and paid by the licensed motor fuel dealer.

Division (A)(1) of this section does not apply to the sale or distribution of dyed diesel fuel used to operate a motor vehicle on the public highways or upon water within the boundaries of this state by persons permitted under regulations of the United States department of the treasury or of the Internal Revenue Service to so use dyed diesel fuel.

(B) The two cent motor fuel tax levied by this section is also for the purpose of paying the expenses of administering and enforcing the state law relating to the registration and operation of motor vehicles.

After the tax provided for by this section on the receipt of any motor fuel has been paid by the motor fuel dealer, the motor fuel may thereafter be used, sold, or resold by any person having lawful title to it, without incurring liability for such tax.

If a licensed motor fuel dealer sells motor fuel received by the licensed motor fuel dealer to another licensed motor fuel dealer, the seller may deduct on the report required by section 5735.06 of the Revised Code the number of gallons so sold for the month within which the motor fuel was sold or delivered. In this event the number of gallons is deemed to have been received by the purchaser, who shall report and pay the tax imposed thereon.

Sec. 5735.23. (A) Out of receipts from the tax levied by section 5735.05 of the Revised Code, the treasurer of state shall place to the credit of the tax refund fund established by section 5703.052 of the Revised Code amounts equal to the refunds certified by the tax commissioner pursuant to sections 5735.13, 5735.14, 5735.141, 5735.142, 5735.16, and 5735.17 of the Revised Code. The treasurer of state shall then transfer the amount required by section 5735.051 of the Revised Code to the waterways safety fund and the amount required by section 4907.472 of the Revised Code to the grade crossing protection fund.

(B) Each EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, EACH month the balance of the receipts from the tax levied by section 5735.05 of the Revised Code shall be credited, after receipt by the treasurer of state of certifications CERTIFICATION from the commissioners of the sinking fund certifying, as required by sections 5528.15 and SECTION 5528.35 of the Revised Code, that there are sufficient moneys to the credit of the highway improvement bond retirement fund to meet in full all payments of interest, principal, and charges for the retirement of bonds and other obligations issued pursuant to Section 2g of Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised Code due and payable during the current calendar year, and that there are sufficient moneys to the credit of the highway obligations bond retirement fund to meet in full all payments of interest, principal, and charges for the retirement of highway obligations issued pursuant to Section 2i of Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised Code due and payable during the current calendar year, as follows:

(1) To the state and local government highway distribution fund, which is hereby created in the state treasury, an amount that is the same percentage of the balance to be credited as that portion of the tax per gallon determined under division (B)(2)(a) of section 5735.06 of the Revised Code is of the total tax per gallon determined under divisions (B)(2)(a) and (b) of that section.

(2) After making the distribution to the state and local government highway distribution fund, the remainder shall be credited as follows:

(a) Thirty per cent to the gasoline excise tax fund for distribution pursuant to division (A)(1) of section 5735.27 of the Revised Code;

(b) Twenty-five per cent to the gasoline excise tax fund for distribution pursuant to division (A)(3) of section 5735.27 of the Revised Code;

(c) Forty-five EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, FORTY-FIVE per cent to the highway operating fund for distribution pursuant to division (B)(1) of section 5735.27 of the Revised Code.

(C) From the balance in the state and local government highway distribution fund on the last day of each month there shall be paid the following amounts:

(1) To the local transportation improvement program fund created by section 164.14 of the Revised Code, an amount equal to a fraction of the balance in the state and local government highway distribution fund, the numerator of which fraction is one and the denominator of which fraction is that portion of the tax per gallon determined under division (B)(2)(a) of section 5735.06 of the Revised Code;

(2) An amount equal to five cents multiplied by the number of gallons of motor fuel sold at stations operated by the Ohio turnpike commission, such gallonage to be certified by the commission to the treasurer of state not later than the last day of the month following. The funds paid to the commission pursuant to this section shall be expended for the construction, reconstruction, maintenance, and repair of turnpike projects, except that the funds may not be expended for the construction of new interchanges. The funds also may be expended for the construction, reconstruction, maintenance, and repair of those portions of connecting public roads that serve existing interchanges and are determined by the commission and the director of transportation to be necessary for the safe merging of traffic between the turnpike and those public roads.

The remainder of the balance shall be distributed as follows on the fifteenth day of the following month:

(a) Ten and seven-tenths per cent shall be paid to municipal corporations for distribution pursuant to division (A)(1) of section 5735.27 of the Revised Code and may be used for any purpose for which payments received under that division may be used.

(b) Five per cent shall be paid to townships for distribution pursuant to division (A)(5) of section 5735.27 of the Revised Code and may be used for any purpose for which payments received under that division may be used.

(c) Nine and three-tenths per cent shall be paid to counties for distribution pursuant to division (A)(3) of section 5735.27 of the Revised Code and may be used for any purpose for which payments received under that division may be used.

(d) The EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, THE balance shall be transferred to the highway operating fund and used for the purposes set forth in division (B)(1) of section 5735.27 of the Revised Code.

(D) BEGINNING ON THE FIRST DAY OF JULY EACH YEAR AND CONTINUING UNTIL SUCH TIME AS THE OFFICE OF BUDGET AND MANAGEMENT RECEIVES CERTIFICATION FROM THE COMMISSIONERS OF THE SINKING FUND PURSUANT TO DIVISION (B) OF SECTION 5528.56 of the Revised Code, ANY AMOUNTS REQUIRED TO BE CREDITED OR TRANSFERRED TO THE HIGHWAY OPERATING FUND PURSUANT TO DIVISION (B)(2)(c) OR (C)(2)(d) OF THIS SECTION SHALL BE CREDITED OR TRANSFERRED TO THE HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE FUND CREATED IN SECTION 5528.55 of the Revised Code.

Sec. 5735.29. To provide revenue for supplying the state's share of the cost of constructing, widening, maintaining, and reconstructing the state highways; to maintain and repair bridges and viaducts; to purchase, erect, and maintain street and traffic signs and markers; to purchase, erect, and maintain traffic lights and signals; to pay the expense of administering and enforcing the state law relative to the registration and operation of motor vehicles; to pay the expense of administering and enforcing the state law providing reimbursement to hospitals for expenses incurred for the care of indigent persons injured in motor vehicle accidents; TO PAY THE EXPENSE OF ADMINISTERING AND ENFORCING THE ALCOHOL TESTING AND PERMIT PROGRAM AUTHORIZED BY SECTION 3701.143 of the Revised Code; to make road improvements associated with retaining or attracting business for this state, to pay that portion of the construction cost of a highway project which a county, township, or municipal corporation normally would be required to pay, but which the director of transportation, pursuant to division (B) of section 5531.08 of the Revised Code, determines instead will be paid from moneys in the highway operating fund; to provide revenue for the purposes of sections 1547.71 to 1547.78 of the Revised Code; and to supplement revenue already available for such purposes, to pay the expenses of the department of taxation incident to the administration of the motor fuel laws, to supplement revenue already available for such purposes; and to pay the interest, principal, and charges on highway obligations issued pursuant to Section 2i of Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised Code, a motor fuel excise tax is hereby imposed on all motor fuel dealers upon their receipt of motor fuel within the state at the rate of two cents on each gallon so received. This tax is subject to the specific exemptions set forth in this chapter of the Revised Code. It shall be reported, computed, paid, collected, administered, enforced, and refunded, and the failure properly and correctly to report and pay the tax shall be penalized, in exactly the same manner as is provided in this chapter. Such sections relating to motor fuel excise taxes are reenacted and incorporated as if specifically set forth in this section. The tax levied by this section is in addition to any other taxes imposed under this chapter.

Sec. 4511.191. (A) Any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking within this state shall be deemed to have given consent to a chemical test or tests of the person's blood, breath, or urine for the purpose of determining the alcohol, drug, or alcohol and drug content of the person's blood, breath, or urine if arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine. The chemical test or tests shall be administered at the request of a police officer having reasonable grounds to believe the person to have been operating a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking in this state while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine. The law enforcement agency by which the officer is employed shall designate which of the tests shall be administered.

(B) Any person who is dead or unconscious, or who is otherwise in a condition rendering the person incapable of refusal, shall be deemed not to have withdrawn consent as provided by division (A) of this section and the test or tests may be administered, subject to sections 313.12 to 313.16 of the Revised Code.

(C)(1) Any person under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine shall be advised at a police station, or at a hospital, first-aid station, or clinic to which the person has been taken for first-aid or medical treatment, of both of the following:

(a) The consequences, as specified in division (E) of this section, of the person's refusal to submit upon request to a chemical test designated by the law enforcement agency as provided in division (A) of this section;

(b) The consequences, as specified in division (F) of this section, of the person's submission to the designated chemical test if the person is found to have a prohibited concentration of alcohol in the blood, breath, or urine.

(2)(a) The advice given pursuant to division (C)(1) of this section shall be in a written form containing the information described in division (C)(2)(b) of this section and shall be read to the person. The form shall contain a statement that the form was shown to the person under arrest and read to the person in the presence of the arresting officer and either another police officer, a civilian police employee, or an employee of a hospital, first-aid station, or clinic, if any, to which the person has been taken for first-aid or medical treatment. The witnesses shall certify to this fact by signing the form.

(b) The form required by division (C)(2)(a) of this section shall read as follows:

"You now are under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or both alcohol and a drug of abuse and will be requested by a police officer to submit to a chemical test to determine the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in your blood, breath, or urine.

If you refuse to submit to the requested test or if you submit to the requested test and are found to have a prohibited concentration of alcohol in your blood, breath, or urine, your driver's or commercial driver's license or permit or nonresident operating privilege immediately will be suspended for the period of time specified by law by the officer, on behalf of the registrar of motor vehicles. You may appeal this suspension at your initial appearance before the court that hears the charges against you resulting from the arrest, and your initial appearance will be conducted no later than five days after the arrest. This suspension is independent of the penalties for the offense, and you may be subject to other penalties upon conviction."

(D)(1) If a person under arrest as described in division (C)(1) of this section is not asked by a police officer to submit to a chemical test designated as provided in division (A) of this section, the arresting officer shall seize the Ohio or out-of-state driver's or commercial driver's license or permit of the person and immediately forward the seized license or permit to the court in which the arrested person is to appear on the charge for which the person was arrested. If the arrested person does not have the person's driver's or commercial driver's license or permit on his or her person or in his or her vehicle, the arresting officer shall order the arrested person to surrender it to the law enforcement agency that employs the officer within twenty-four hours after the arrest, and, upon the surrender, the officer's employing agency immediately shall forward the license or permit to the court in which the arrested person is to appear on the charge for which the person was arrested. Upon receipt of the license or permit, the court shall retain it pending the initial appearance of the arrested person and any action taken under section 4511.196 of the Revised Code.

If a person under arrest as described in division (C)(1) of this section is asked by a police officer to submit to a chemical test designated as provided in division (A) of this section and is advised of the consequences of the person's refusal or submission as provided in division (C) of this section and if the person either refuses to submit to the designated chemical test or the person submits to the designated chemical test and the test results indicate that the person's blood contained a concentration of ten-hundredths of one per cent or more by weight of alcohol, the person's breath contained a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or the person's urine contained a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine at the time of the alleged offense, the arresting officer shall do all of the following:

(a) On behalf of the registrar, serve a notice of suspension upon the person that advises the person that, independent of any penalties or sanctions imposed upon the person pursuant to any other section of the Revised Code or any other municipal ordinance, the person's driver's or commercial driver's license or permit or nonresident operating privilege is suspended, that the suspension takes effect immediately, that the suspension will last at least until the person's initial appearance on the charge that will be held within five days after the date of the person's arrest or the issuance of a citation to the person, and that the person may appeal the suspension at the initial appearance; seize the Ohio or out-of-state driver's or commercial driver's license or permit of the person; and immediately forward the seized license or permit to the registrar. If the arrested person does not have the person's driver's or commercial driver's license or permit on his or her person or in his or her vehicle, the arresting officer shall order the person to surrender it to the law enforcement agency that employs the officer within twenty-four hours after the service of the notice of suspension, and, upon the surrender, the officer's employing agency immediately shall forward the license or permit to the registrar.

(b) Verify the current residence of the person and, if it differs from that on the person's driver's or commercial driver's license or permit, notify the registrar of the change;

(c) In addition to forwarding the arrested person's driver's or commercial driver's license or permit to the registrar, send to the registrar, within forty-eight hours after the arrest of the person, a sworn report that includes all of the following statements:

(i) That the officer had reasonable grounds to believe that, at the time of the arrest, the arrested person was operating a vehicle upon a highway or public or private property used by the public for vehicular travel or parking within this state while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine;

(ii) That the person was arrested and charged with operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine;

(iii) That the officer asked the person to take the designated chemical test, advised the person of the consequences of submitting to the chemical test or refusing to take the chemical test, and gave the person the form described in division (C)(2) of this section;

(iv) That the person refused to submit to the chemical test or that the person submitted to the chemical test and the test results indicate that the person's blood contained a concentration of ten-hundredths of one per cent or more by weight of alcohol, the person's breath contained a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or the person's urine contained a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine at the time of the alleged offense;

(v) That the officer served a notice of suspension upon the person as described in division (D)(1)(a) of this section.

(2) The sworn report of an arresting officer completed under division (D)(1)(c) of this section shall be given by the officer to the arrested person at the time of the arrest or sent to the person by regular first class mail by the registrar as soon thereafter as possible, but no later than fourteen days after receipt of the report. An arresting officer may give an unsworn report to the arrested person at the time of the arrest provided the report is complete when given to the arrested person and subsequently is sworn to by the arresting officer. As soon as possible, but no later than forty-eight hours after the arrest of the person, the arresting officer shall send a copy of the sworn report to the court in which the arrested person is to appear on the charge for which the person was arrested.

(3) The sworn report of an arresting officer completed and sent to the registrar and the court under divisions (D)(1)(c) and (D)(2) of this section is prima-facie proof of the information and statements that it contains and shall be admitted and considered as prima-facie proof of the information and statements that it contains in any appeal under division (H) of this section relative to any suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege that results from the arrest covered by the report.

(E)(1) Upon receipt of the sworn report of an arresting officer completed and sent to the registrar and a court pursuant to divisions (D)(1)(c) and (D)(2) of this section in regard to a person who refused to take the designated chemical test, the registrar shall enter into the registrar's records the fact that the person's driver's or commercial driver's license or permit or nonresident operating privilege was suspended by the arresting officer under division (D)(1)(a) of this section and the period of the suspension, as determined under divisions (E)(1)(a) to (d) of this section. The suspension shall be subject to appeal as provided in this section and shall be for whichever of the following periods applies:

(a) If the arrested person, within five years of the date on which the person refused the request to consent to the chemical test, had not refused a previous request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content, the period of suspension shall be one year. If the person is a resident without a license or permit to operate a vehicle within this state, the registrar shall deny to the person the issuance of a driver's or commercial driver's license or permit for a period of one year after the date of the alleged violation.

(b) If the arrested person, within five years of the date on which the person refused the request to consent to the chemical test, had refused one previous request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content, the period of suspension or denial shall be two years.

(c) If the arrested person, within five years of the date on which the person refused the request to consent to the chemical test, had refused two previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content, the period of suspension or denial shall be three years.

(d) If the arrested person, within five years of the date on which the person refused the request to consent to the chemical test, had refused three or more previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content, the period of suspension or denial shall be five years.

(2) The suspension or denial imposed under division (E)(1) of this section shall continue for the entire one-year, two-year, three-year, or five-year period, subject to appeal as provided in this section and subject to termination as provided in division (K) of this section.

(F) Upon receipt of the sworn report of an arresting officer completed and sent to the registrar and a court pursuant to divisions (D)(1)(c) and (D)(2) of this section in regard to a person whose test results indicate that the person's blood contained a concentration of ten-hundredths of one per cent or more by weight of alcohol, the person's breath contained a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or the person's urine contained a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine at the time of the alleged offense, the registrar shall enter into the registrar's records the fact that the person's driver's or commercial driver's license or permit or nonresident operating privilege was suspended by the arresting officer under division (D)(1)(a) of this section and the period of the suspension, as determined under divisions (F)(1) to (4) of this section. The suspension shall be subject to appeal as provided in this section and shall be for whichever of the following periods that applies:

(1) Except when division (F)(2), (3), or (4) of this section applies and specifies a different period of suspension or denial, the period of the suspension or denial shall be ninety days.

(2) If the person has been convicted, within ten years of the date the test was conducted, of one violation of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section, or section 2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that at the time of the commission of the offense the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of section 4511.19 of the Revised Code, the period of the suspension or denial shall be one year.

(3) If the person has been convicted, within ten years of the date the test was conducted, of two violations of a statute or ordinance described in division (F)(2) of this section, the period of the suspension or denial shall be two years.

(4) If the person has been convicted, within ten years of the date the test was conducted, of more than two violations of a statute or ordinance described in division (F)(2) of this section, the period of the suspension or denial shall be three years.

(G)(1) A suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege under division (D)(1)(a) of this section for the period of time described in division (E) or (F) of this section is effective immediately from the time at which the arresting officer serves the notice of suspension upon the arrested person. Any subsequent finding that the person is not guilty of the charge that resulted in the person being requested to take, or in the person taking, the chemical test or tests under division (A) of this section affects the suspension only as described in division (H)(2) of this section.

(2) If a person is arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine and regardless of whether the person's driver's or commercial driver's license or permit or nonresident operating privilege is or is not suspended under division (E) or (F) of this section, the person's initial appearance on the charge resulting from the arrest shall be held within five days of the person's arrest or the issuance of the citation to the person, subject to any continuance granted by the court pursuant to division (H)(1) of this section regarding the issues specified in that division.

(H)(1) If a person is arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine and if the person's driver's or commercial driver's license or permit or nonresident operating privilege is suspended under division (E) or (F) of this section, the person may appeal the suspension at the person's initial appearance on the charge resulting from the arrest in the court in which the person will appear on that charge. If the person appeals the suspension at the person's initial appearance, the appeal does not stay the operation of the suspension. Subject to division (H)(2) of this section, no court has jurisdiction to grant a stay of a suspension imposed under division (E) or (F) of this section, and any order issued by any court that purports to grant a stay of any suspension imposed under either of those divisions shall not be given administrative effect.

If the person appeals the suspension at the person's initial appearance, either the person or the registrar may request a continuance of the appeal. Either the person or the registrar shall make the request for a continuance of the appeal at the same time as the making of the appeal. If either the person or the registrar requests a continuance of the appeal, the court may grant the continuance. The court also may continue the appeal on its own motion. The granting of a continuance applies only to the conduct of the appeal of the suspension and does not extend the time within which the initial appearance must be conducted, and the court shall proceed with all other aspects of the initial appearance in accordance with its normal procedures. Neither the request for nor the granting of a continuance stays the operation of the suspension that is the subject of the appeal.

If the person appeals the suspension at the person's initial appearance, the scope of the appeal is limited to determining whether one or more of the following conditions have not been met:

(a) Whether the law enforcement officer had reasonable ground to believe the arrested person was operating a vehicle upon a highway or public or private property used by the public for vehicular travel or parking within this state while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine and whether the arrested person was in fact placed under arrest;

(b) Whether the law enforcement officer requested the arrested person to submit to the chemical test designated pursuant to division (A) of this section;

(c) Whether the arresting officer informed the arrested person of the consequences of refusing to be tested or of submitting to the test;

(d) Whichever of the following is applicable:

(i) Whether the arrested person refused to submit to the chemical test requested by the officer;

(ii) Whether the chemical test results indicate that the arrested person's blood contained a concentration of ten-hundredths of one per cent or more by weight of alcohol, the person's breath contained a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or the person's urine contained a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine at the time of the alleged offense.

(2) If the person appeals the suspension at the initial appearance, the judge or referee of the court or the mayor of the mayor's court shall determine whether one or more of the conditions specified in divisions (H)(1)(a) to (d) of this section have not been met. The person who appeals the suspension has the burden of proving, by a preponderance of the evidence, that one or more of the specified conditions has not been met. If during the appeal at the initial appearance the judge or referee of the court or the mayor of the mayor's court determines that all of those conditions have been met, the judge, referee, or mayor shall uphold the suspension, shall continue the suspension, and shall notify the registrar of the decision on a form approved by the registrar. Except as otherwise provided in division (H)(2) of this section, if the suspension is upheld or if the person does not appeal the suspension at the person's initial appearance under division (H)(1) of this section, the suspension shall continue until the complaint alleging the violation for which the person was arrested and in relation to which the suspension was imposed is adjudicated on the merits by the judge or referee of the trial court or by the mayor of the mayor's court. If the suspension was imposed under division (E) of this section and it is continued under this division, any subsequent finding that the person is not guilty of the charge that resulted in the person being requested to take the chemical test or tests under division (A) of this section does not terminate or otherwise affect the suspension. If the suspension was imposed under division (F) of this section and it is continued under this division, the suspension shall terminate if, for any reason, the person subsequently is found not guilty of the charge that resulted in the person taking the chemical test or tests under division (A) of this section.

If, during the appeal at the initial appearance, the judge or referee of the trial court or the mayor of the mayor's court determines that one or more of the conditions specified in divisions (H)(1)(a) to (d) of this section have not been met, the judge, referee, or mayor shall terminate the suspension, subject to the imposition of a new suspension under division (B) of section 4511.196 of the Revised Code; shall notify the registrar of the decision on a form approved by the registrar; and, except as provided in division (B) of section 4511.196 of the Revised Code, shall order the registrar to return the driver's or commercial driver's license or permit to the person or to take such measures as may be necessary, if the license or permit was destroyed under section 4507.55 of the Revised Code, to permit the person to obtain a replacement driver's or commercial driver's license or permit from the registrar or a deputy registrar in accordance with that section. The court also shall issue to the person a court order, valid for not more than ten days from the date of issuance, granting the person operating privileges for that period of time.

If the person appeals the suspension at the initial appearance, the registrar shall be represented by the prosecuting attorney of the county in which the arrest occurred if the initial appearance is conducted in a juvenile court or county court, except that if the arrest occurred within a city or village within the jurisdiction of the county court in which the appeal is conducted, the city director of law or village solicitor of that city or village shall represent the registrar. If the appeal is conducted in a municipal court, the registrar shall be represented as provided in section 1901.34 of the Revised Code. If the appeal is conducted in a mayor's court, the registrar shall be represented by the city director of law, village solicitor, or other chief legal officer of the municipal corporation that operates that mayor's court.

(I)(1) If a person's driver's or commercial driver's license or permit or nonresident operating privilege has been suspended pursuant to division (E) of this section, and the person, within the preceding seven years, has refused three previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content or has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the person was subject to the sanctions described in division (D) of that section, or section 2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that the person was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of section 4511.19 of the Revised Code, the person is not entitled to request, and the court shall not grant to the person, occupational driving privileges under this division. Any other person whose driver's or commercial driver's license or nonresident operating privilege has been suspended pursuant to division (E) of this section may file a petition requesting occupational driving privileges in the municipal court, county court, or, if the person is a minor, juvenile court with jurisdiction over the place at which the arrest occurred. The petition may be filed at any time subsequent to the date on which the arresting officer serves the notice of suspension upon the arrested person. The person shall pay the costs of the proceeding, notify the registrar of the filing of the petition, and send the registrar a copy of the petition.

In the proceedings, the registrar shall be represented by the prosecuting attorney of the county in which the arrest occurred if the petition is filed in the juvenile court or county court, except that, if the arrest occurred within a city or village within the jurisdiction of the county court in which the petition is filed, the city director of law or village solicitor of that city or village shall represent the registrar. If the petition is filed in the municipal court, the registrar shall be represented as provided in section 1901.34 of the Revised Code.

The court, if it finds reasonable cause to believe that suspension would seriously affect the person's ability to continue in the person's employment, may grant the person occupational driving privileges during the period of suspension imposed pursuant to division (E) of this section, subject to the limitations contained in this division and division (I)(2) of this section. The court may grant the occupational driving privileges, subject to the limitations contained in this division and division (I)(2) of this section, regardless of whether the person appeals the suspension at the person's initial appearance under division (H)(1) of this section or appeals the decision of the court made pursuant to the appeal conducted at the initial appearance, and, if the person has appealed the suspension or decision, regardless of whether the matter at issue has been heard or decided by the court. The court shall not grant occupational driving privileges to any person who, within seven years of the filing of the petition, has refused three previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content or has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the person was subject to the sanctions described in division (D) of that section, or section 2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that the person was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of section 4511.19 of the Revised Code, and shall not grant occupational driving privileges for employment as a driver of commercial motor vehicles to any person who is disqualified from operating a commercial motor vehicle under section 2301.374 or 4506.16 of the Revised Code.

(2)(a) In granting occupational driving privileges under division (I)(1) of this section, the court may impose any condition it considers reasonable and necessary to limit the use of a vehicle by the person. The court shall deliver to the person a permit card, in a form to be prescribed by the court, setting forth the time, place, and other conditions limiting the defendant's use of a vehicle. The grant of occupational driving privileges shall be conditioned upon the person's having the permit in the person's possession at all times during which the person is operating a vehicle.

A person granted occupational driving privileges who operates a vehicle for other than occupational purposes, in violation of any condition imposed by the court, or without having the permit in the person's possession, is guilty of a violation of section 4507.02 of the Revised Code.

(b) The court may not grant a person occupational driving privileges under division (I)(1) of this section when prohibited by a limitation contained in that division or during any of the following periods of time:

(i) The first thirty days of suspension imposed upon a person who, within five years of the date on which the person refused the request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content and for which refusal the suspension was imposed, had not refused a previous request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content;

(ii) The first ninety days of suspension imposed upon a person who, within five years of the date on which the person refused the request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content and for which refusal the suspension was imposed, had refused one previous request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content;

(iii) The first year of suspension imposed upon a person who, within five years of the date on which the person refused the request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content and for which refusal the suspension was imposed, had refused two previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content;

(iv) The first three years of suspension imposed upon a person who, within five years of the date on which the person refused the request to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content and for which refusal the suspension was imposed, had refused three or more previous requests to consent to a chemical test of the person's blood, breath, or urine to determine its alcohol content.

(3) The court shall give information in writing of any action taken under this section to the registrar.

(4) If a person's driver's or commercial driver's license or permit or nonresident operating privilege has been suspended pursuant to division (F) of this section, and the person, within the preceding seven years, has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the person was subject to the sanctions described in division (D) of that section, or section 2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that the person was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to division (A) or (B) of section 4511.19 of the Revised Code, the person is not entitled to request, and the court shall not grant to the person, occupational driving privileges under this division. Any other person whose driver's or commercial driver's license or nonresident operating privilege has been suspended pursuant to division (F) of this section may file in the court specified in division (I)(1) of this section a petition requesting occupational driving privileges in accordance with section 4507.16 of the Revised Code. The petition may be filed at any time subsequent to the date on which the arresting officer serves the notice of suspension upon the arrested person. Upon the making of the request, occupational driving privileges may be granted in accordance with section 4507.16 of the Revised Code. The court may grant the occupational driving privileges, subject to the limitations contained in section 4507.16 of the Revised Code, regardless of whether the person appeals the suspension at the person's initial appearance under division (H)(1) of this section or appeals the decision of the court made pursuant to the appeal conducted at the initial appearance, and, if the person has appealed the suspension or decision, regardless of whether the matter at issue has been heard or decided by the court.

(J) When it finally has been determined under the procedures of this section that a nonresident's privilege to operate a vehicle within this state has been suspended, the registrar shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which the person has a license.

(K) A suspension of the driver's or commercial driver's license or permit of a resident, a suspension of the operating privilege of a nonresident, or a denial of a driver's or commercial driver's license or permit for refusal to submit to a chemical test to determine the alcohol, drug, or alcohol and drug content of the person's blood, breath, or urine pursuant to division (E) of this section, shall be terminated by the registrar upon receipt of notice of the person's entering a plea of guilty to, or of the person's conviction after entering a plea of no contest under Criminal Rule 11 to, operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine, if the offense for which the plea is entered arose from the same incident that led to the suspension or denial.

The registrar shall credit against any judicial suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege imposed pursuant to division (B) or (E) of section 4507.16 of the Revised Code any time during which the person serves a related suspension imposed pursuant to division (E) or (F) of this section.

(L) At the end of a suspension period under this section, section 4511.196, or division (B) of section 4507.16 of the Revised Code and upon the request of the person whose driver's or commercial driver's license or permit was suspended and who is not otherwise subject to suspension, revocation, or disqualification, the registrar shall return the driver's or commercial driver's license or permit to the person upon the occurrence of all of the following:

(1) A showing by the person that the person had proof of financial responsibility, a policy of liability insurance in effect that meets the minimum standards set forth in section 4509.51 of the Revised Code, or proof, to the satisfaction of the registrar, that the person is able to respond in damages in an amount at least equal to the minimum amounts specified in section 4509.51 of the Revised Code.

(2) Payment by the person of a license reinstatement fee of two hundred fifty EIGHTY dollars to the bureau of motor vehicles, which fee shall be deposited in the state treasury and credited as follows:

(a) Seventy-five dollars shall be credited to the drivers' treatment and intervention fund, which is hereby established. The fund shall be used to pay the costs of driver treatment and intervention programs operated pursuant to sections 3793.02 and 3793.10 of the Revised Code. The director of alcohol and drug addiction services shall determine the share of the fund that is to be allocated to alcohol and drug addiction programs authorized by section 3793.02 of the Revised Code, and the share of the fund that is to be allocated to drivers' intervention programs authorized by section 3793.10 of the Revised Code.

(b) Fifty dollars shall be credited to the reparations fund created by section 2743.191 of the Revised Code.

(c) Twenty-five dollars shall be credited to the indigent drivers alcohol treatment fund, which is hereby established. Except as otherwise provided in division (L)(2)(c) of this section, moneys in the fund shall be distributed by the department of alcohol and drug addiction services to the county indigent drivers alcohol treatment funds, the county juvenile indigent drivers alcohol treatment funds, and the municipal indigent drivers treatment funds that are required to be established by counties and municipal corporations pursuant to division (N) of this section, and shall be used only to pay the cost of an alcohol and drug addiction treatment program attended by an offender or juvenile traffic offender who is ordered to attend an alcohol and drug addiction treatment program by a county, juvenile, or municipal court judge and who is determined by the county, juvenile, or municipal court judge not to have the means to pay for attendance at the program. Moneys in the fund that are not distributed to a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund under division (N) of this section because the director of alcohol and drug addiction services does not have the information necessary to identify the county or municipal corporation where the offender or juvenile offender was arrested may be transferred by the director of budget and management to the drivers' treatment and intervention fund, created in division (L)(2)(a) of this section, upon certification of the amount by the director of alcohol and drug addiction services.

(d) Fifty dollars shall be credited to the Ohio rehabilitation services commission established by section 3304.12 of the Revised Code, to the services for rehabilitation fund, which is hereby established. The fund shall be used to match available federal matching funds where appropriate, and for any other purpose or program of the commission to rehabilitate people with disabilities to help them become employed and independent.

(e) Fifty dollars shall be deposited into the state treasury and credited to the drug abuse resistance education programs fund, which is hereby established, to be used by the attorney general for the purposes specified in division (L)(2)(e) of this section.

(f) THIRTY DOLLARS SHALL BE CREDITED TO THE STATE BUREAU OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 of the Revised Code.

The attorney general shall use amounts in the drug abuse resistance education programs fund to award grants to law enforcement agencies to establish and implement drug abuse resistance education programs in public schools. Grants awarded to a law enforcement agency under division (L)(2)(e) of this section shall be used by the agency to pay for not more than fifty per cent of the amount of the salaries of law enforcement officers who conduct drug abuse resistance education programs in public schools. The attorney general shall not use more than six per cent of the amounts the attorney general's office receives under division (L)(2)(e) of this section to pay the costs it incurs in administering the grant program established by division (L)(2)(e) of this section and in providing training and materials relating to drug abuse resistance education programs.

The attorney general shall report to the governor and the general assembly each fiscal year on the progress made in establishing and implementing drug abuse resistance education programs. These reports shall include an evaluation of the effectiveness of these programs.

(M) Suspension of a commercial driver's license under division (E) or (F) of this section shall be concurrent with any period of disqualification under section 2301.374 or 4506.16 of the Revised Code. No person who is disqualified for life from holding a commercial driver's license under section 4506.16 of the Revised Code shall be issued a driver's license under Chapter 4507. of the Revised Code during the period for which the commercial driver's license was suspended under division (E) or (F) of this section, and no person whose commercial driver's license is suspended under division (E) or (F) of this section shall be issued a driver's license under that chapter during the period of the suspension.

(N)(1) Each county shall establish an indigent drivers alcohol treatment fund, each county shall establish a juvenile indigent drivers alcohol treatment fund, and each municipal corporation in which there is a municipal court shall establish an indigent drivers alcohol treatment fund. All revenue that the general assembly appropriates to the indigent drivers alcohol treatment fund for transfer to a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund, all portions of fees that are paid under division (L) of this section and that are credited under that division to the indigent drivers alcohol treatment fund in the state treasury for a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund, and all portions of fines that are specified for deposit into a county or municipal indigent drivers alcohol treatment fund by section 4511.193 of the Revised Code shall be deposited into that county indigent drivers alcohol treatment fund, county juvenile indigent drivers alcohol treatment fund, or municipal indigent drivers alcohol treatment fund in accordance with division (N)(2) of this section. Additionally, all portions of fines that are paid for a violation of section 4511.19 of the Revised Code or division (B)(2) of section 4507.02 of the Revised Code, and that are required under division (A)(1) or (2) of section 4511.99 or division (B)(5) of section 4507.99 of the Revised Code to be deposited into a county indigent drivers alcohol treatment fund or municipal indigent drivers alcohol treatment fund shall be deposited into the appropriate fund in accordance with the applicable division.

(2) That portion of the license reinstatement fee that is paid under division (L) of this section and that is credited under that division to the indigent drivers alcohol treatment fund shall be deposited into a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund as follows:

(a) If the suspension in question was imposed under this section, that portion of the fee shall be deposited as follows:

(i) If the fee is paid by a person who was charged in a county court with the violation that resulted in the suspension, the portion shall be deposited into the county indigent drivers alcohol treatment fund under the control of that court;

(ii) If the fee is paid by a person who was charged in a juvenile court with the violation that resulted in the suspension, the portion shall be deposited into the county juvenile indigent drivers alcohol treatment fund established in the county served by the court;

(iii) If the fee is paid by a person who was charged in a municipal court with the violation that resulted in the suspension, the portion shall be deposited into the municipal indigent drivers alcohol treatment fund under the control of that court.

(b) If the suspension in question was imposed under division (B) of section 4507.16 of the Revised Code, that portion of the fee shall be deposited as follows:

(i) If the fee is paid by a person whose license or permit was suspended by a county court, the portion shall be deposited into the county indigent drivers alcohol treatment fund under the control of that court;

(ii) If the fee is paid by a person whose license or permit was suspended by a municipal court, the portion shall be deposited into the municipal indigent drivers alcohol treatment fund under the control of that court.

(3) Expenditures from a county indigent drivers alcohol treatment fund, a county juvenile indigent drivers alcohol treatment fund, or a municipal indigent drivers alcohol treatment fund shall be made only upon the order of a county, juvenile, or municipal court judge and only for payment of the cost of the attendance at an alcohol and drug addiction treatment program of a person who is convicted of, or found to be a juvenile traffic offender by reason of, a violation of division (A) of section 4511.19 of the Revised Code or a substantially similar municipal ordinance, who is ordered by the court to attend the alcohol and drug addiction treatment program, and who is determined by the court to be unable to pay the cost of attendance at the treatment program. The board of alcohol, drug addiction, and mental health services established pursuant to section 340.02 of the Revised Code serving the alcohol, drug addiction, and mental health service district in which the court is located shall administer the indigent drivers alcohol treatment program of the court. When a court orders an offender or juvenile traffic offender to attend an alcohol and drug addiction treatment program, the board shall determine which program is suitable to meet the needs of the offender or juvenile traffic offender, and when a suitable program is located and space is available at the program, the offender or juvenile traffic offender shall attend the program designated by the board. A reasonable amount not to exceed five per cent of the amounts credited to and deposited into the county indigent drivers alcohol treatment fund, the county juvenile indigent drivers alcohol treatment fund, or the municipal indigent drivers alcohol treatment fund serving every court whose program is administered by that board shall be paid to the board to cover the costs it incurs in administering those indigent drivers alcohol treatment programs.

Sec. 5513.01. (A) All purchases of machinery, materials, supplies, or other articles that the director of transportation makes shall be in the manner provided in this section. In all cases except those in which the director authorizes PROVIDES WRITTEN AUTHORIZATION FOR purchases by district deputy directors of transportation, all such purchases shall be made at the central office of the department of transportation IN COLUMBUS. Before making any purchase at that office, the director, as provided in this section, shall give notice to bidders of the director's intention to purchase. Where the expenditure is DOES not more than five hundred dollars EXCEED THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 125.05 of the Revised Code, AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the director shall give such notice as the director considers proper, or the director may make the purchase without notice. Where the expenditure is more than five hundred dollars EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 125.05 of the Revised Code, AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the director shall give notice by posting for not less than ten days a written, typed, or printed invitation to bidders on a bulletin board, which shall be located in a place in the offices assigned to the department and open to the public during business hours. Producers or distributors of any product may notify the director, in writing, of the class of articles for the furnishing of which they desire to bid and their post-office addresses, in which case copies of all invitations to bidders relating to the purchase of such articles shall be mailed to such persons by the director by regular first class mail at least ten days prior to the time fixed for taking bids. The director also may mail copies of all invitations to bidders to news agencies or other agencies or organizations distributing information of this character. Requests for invitations shall not be valid or NOR require action by the director unless renewed, either annually or after such shorter period as the director may prescribe by a general regulation RULE. The invitation to bidders shall contain a brief statement of the general character of the article that it is intended to purchase, the approximate quantity desired, and a statement of the time and place where bids will be received, and may relate to and describe as many different articles as the director thinks proper, it being the intent and purpose of this section to authorize the inclusion in a single invitation of as many different articles as the director desires to invite bids upon at any given time. Invitations issued during each calendar year shall be given consecutive numbers, and the number assigned to each invitation shall appear on all copies thereof. In all cases where notice is required by this section, sealed bids shall be taken, on forms prescribed and furnished by the director, and modification of bids after they have been opened shall not be permitted.

(B) The director may permit any political subdivision and any state university or college to participate in contracts into which the director has entered for the purchase of machinery, materials, supplies, or other articles. Any political subdivision or state university or college desiring to participate in such purchase contracts shall file with the director a certified copy of the ordinance or resolution of its legislative authority, board of trustees, or other governing board requesting authorization to participate in such contracts and agreeing to be bound by such terms and conditions as the director prescribes. Purchases made by political subdivisions or state universities or colleges under this division are exempt from any competitive bidding required by law for the purchase of machinery, materials, supplies, or other articles.

(C) As used in this section:

(1) "Political subdivision" means any county, township, municipal corporation, conservancy district, township park district, park district created under Chapter 1545. of the Revised Code, port authority, regional transit authority, regional airport authority, regional water and sewer district, or county transit board.

(2) "State university or college" has the same meaning as in division (A)(1) of section 3345.32 of the Revised Code.

Highway Operating Fund Group

002	771-411	Planning and Research - State	$	14,033,200	$	12,750,200
002	771-412	Planning and Research - Federal	$	15,607,900	$	15,514,200
TOTAL HOF Highway Operating
Fund Group			$	29,641,100	$	28,264,400
TOTAL ALL BUDGET FUND GROUPS -
Transportation Planning
and Research			$	29,641,100	$	28,264,400

Highway Operating Fund Group

002	772-421	Highway Construction - State	$	422,111,716	$	446,175,412
002	772-422	Highway Construction - Federal	$	539,992,100	$	541,035,800
002	772-424	Highway Construction - Other	$	25,000,000	$	25,000,000
212	770-005	Infrastructure Debt Service - Federal	$	6,500,000	$	10,550,000
212	772-423	Infrastructure Lease Payments - Federal	$	12,900,000	$	12,900,000
212	772-426	Highway Infrastructure Bank - Federal	$	17,000,000	$	27,000,000
212	772-427	Highway Infrastructure Bank - State	$	5,000,000	$	8,000,000
212	772-429	Highway Infrastructure Bank - Other	$	7,000,000	$	3,350,000
TOTAL HOF Highway Operating
Fund Group			$	1,035,503,816	$	1,074,011,212

Highway Capital Improvement Fund Group

042	772-723	Highway Construction - Bonds	$	225,000,000	$	102,500,000
TOTAL 042 Capital Highway Improvement
Fund Group			$	225,000,000	$	102,500,000
Infrastructure Bank Obligations Fund Group
045	772-428	Highway Infrastructure Bank - Bonds	$	50,000,000	$	40,000,000
TOTAL 045 Infrastructure Bank
Obligations Fund Group			$	50,000,000	$	40,000,000
TOTAL ALL BUDGET FUND GROUPS -
Highway Construction			$	1,310,503,816	$	1,216,511,212

Highway Operating Fund Group

002	773-431	Highway Maintenance - State	$	311,356,900	$	313,925,600
TOTAL HOF Highway Operating
Fund Group			$	311,356,900	$	313,925,600

TOTAL ALL BUDGET FUND GROUPS -
Highway Maintenance			$	311,356,900	$	313,925,600

State Special Revenue Fund Group

4Y2	774-444	Congestion Mitigation Revolving Fund	$	50,000	$	50,000
TOTAL SSR State Special Revenue Fund Group			$	50,000	$	50,000
TOTAL ALL BUDGET FUND GROUPS -
Intermodal Transportation			$	50,000	$	50,000

Highway Operating Fund Group

002	775-452	Public Transportation - Federal	$	39,600,000	$	39,600,000
002	775-454	Public Transportation - Other	$	1,250,000	$	1,250,000
002	775-459	Elderly and Disabled Special Equipment - Federal	$	3,740,000	$	3,740,000
212	775-406	Transit Infrastructure Bank - Federal	$	6,000,000	$	5,000,000
212	775-407	Transit Infrastructure Bank - State	$	0	$	1,000,000
212	775-408	Transit Infrastructure Bank - Other	$	2,000,000	$	1,000,000
TOTAL HOF Highway Operating
Fund Group			$	52,590,000	$	51,590,000

TOTAL ALL BUDGET FUND GROUPS -
Public Transportation			$	52,590,000	$	51,590,000

Highway Operating Fund Group

002	776-462	Grade Crossings - Federal	$	15,000,000	$	15,000,000
TOTAL HOF Highway Operating
Fund Group			$	15,000,000	$	15,000,000

State Special Revenue Fund Group

4N4	776-661	Rail Transportation - State	$	5,392,000	$	5,388,000
4N4	776-663	Panhandle Lease Payments	$	758,000	$	762,000
4N4	776-664	Rail Transportation - Other	$	500,000	$	500,000
TOTAL SSR State Special Revenue
Fund Group			$	6,650,000	$	6,650,000

Federal Special Revenue Fund Group

3B9	776-662	Rail Transportation - Federal	$	1,000,000	$	1,000,000
TOTAL FED Federal Special Revenue
Fund Group			$	1,000,000	$	1,000,000
TOTAL ALL BUDGET FUND GROUPS -
Rail Transportation			$	22,650,000	$	22,650,000

Highway Operating Fund Group

002	777-472	Airport Improvements - Federal	$	405,000	$	405,000
002	777-475	Aviation Administration	$	4,001,984	$	4,044,108
213	777-477	Aviation Infrastructure Bank - State	$	1,000,000	$	1,000,000
TOTAL HOF Highway Operating
Fund Group			$	5,406,984	$	5,449,108
TOTAL ALL BUDGET FUND GROUPS -
Aviation			$	5,406,984	$	5,449,108

Highway Operating Fund Group

002	779-491	Administration - State	$	111,020,200	$	107,292,600
4T5	770-609	ODOT Memorial	$	20,000	$	0
TOTAL HOF Highway Operating
Fund Group			$	111,040,200	$	107,292,600
TOTAL ALL BUDGET FUND GROUPS -
Administration			$	111,040,200	$	107,292,600

Highway Operating Fund Group

002	770-003	Administration - State - Debt Service	$	16,420,000	$	19,567,000
TOTAL HOF Highway Operating
Fund Group			$	16,420,000	$	19,567,000
TOTAL ALL BUDGET FUND GROUPS -
Debt Service			$	16,420,000	$	19,567,000

The Commissioners of the Sinking Fund, upon the request of the Director of Transportation, are hereby authorized to issue and sell, in accordance with the provisions of Section 2m of Article VIII, Ohio Constitution, and sections 5528.51 and 5528.56 of the Revised Code, obligations, including bonds and notes, of the State of Ohio in the aggregate amount of $320,000,000 of original issuance obligations.

The obligations shall be dated, issued, and sold from time to time in such amounts as may be necessary to provide sufficient moneys to the credit of the Highway Capital Improvement Fund (Fund 042) created by section 5538.53 of the Revised Code to pay costs charged to the fund when due as estimated by the Director of Transportation, provided, however, that such obligations shall be issued and sold at such time or times so that not more than $220,000,000 original principal amount of obligations, plus the principal amount of obligations that in prior fiscal years could have been, but were not issued within the $220,000,000 limit, may be issued in any fiscal year, and not more than $1,200,000,000 original principal amount of obligations issued pursuant to Section 2m of Article VIII, Ohio Constitution, and sections 5528.51 and 5528.56 of the Revised Code are outstanding at any one time.

Bond Funds Transfer

The Director of Budget and Management may cancel encumbrances associated with Highway Obligations Construction Fund (Fund 041) appropriations and reestablish such encumbrances or parts of encumbrances as needed in fiscal year 1998 in the Highway Capital Improvement Fund (Fund 042) appropriation item 772-723, Highway Construction - Bonds, for the same purpose and to the same vendor. As determined by the Director, the appropriation authority necessary to reestablish such encumbrances in fiscal year 1998 in Fund 042 is hereby authorized. The Director shall reduce each year's appropriation balances by the amount of the encumbrances cancelled in its respective line item. As determined by the Director, any cash balance remaining in Fund 041 may be transferred to Fund 042.

The Director of Transportation may remove snow and ice, and maintain, repair, improve, or provide lighting upon interstate highways which are located within the boundaries of municipal corporations, adequate to meet the requirements of federal law. When agreed in writing by the director and the legislative authority of a municipal corporation, and notwithstanding sections 125.01 and 125.11 of the Revised Code, the Department of Transportation may reimburse the municipal corporation for all or any part of the costs, as provided by such agreement, incurred by the municipal corporation maintaining, repairing, lighting, and removing snow and ice from the interstate system.

The Director of Budget and Management may approve requests from the Department of Transportation, for transfer of funds among the appropriations for highway planning and research (line items 771-411 and 771-412), highway construction (line items 772-421, 772-422, and 772-424), highway maintenance (line item 773-431), and highway administration (line item 779-491). Transfers between appropriation items shall be made upon the written request of the Director of Transportation with the approval of the Director of Budget and Management. Such transfers shall be reported to the Controlling Board at the next regularly scheduled meeting of the board.

This transfer language is intended to provide for emergency situations and flexibility to meet unforeseen conditions that could arise during the budget period. This will also allow the Department to optimize the use of available resources, and adjust to circumstances affecting the obligation and expenditure of federal funds.

Transfer of Appropriations - State Infrastructure Bank

The Director of Budget and Management may approve requests from the Department of Transportation for transfer of funds among the appropriations of the Infrastructure Bank funds created in section 5531.09 of the Revised Code, including transfers between fiscal years 1998 and 1999. Such transfers shall be reported to the Controlling Board at the next regularly scheduled meeting of the board. However, the Director may not make transfers out of debt service and lease payment line items unless the Director determines that the appropriated amounts exceed the actual and projected debt, rental, or lease payments.

The Director of Budget and Management may approve requests from the Department of Transportation for transfer of funds from appropriations of the Highway Operating Fund (Fund 002) to appropriations of the Infrastructure Bank funds created in section 5531.09 of the Revised Code. Such transfers shall be reported to the Controlling Board at the next regularly scheduled meeting of the board. However, the Director may not make transfers between modes and transfers between different funding sources.

Transfer of Appropriations - Public Transportation

The Director of Budget and Management may approve requests from the Department of Transportation for transfer of funds between appropriation item 775-451, Public Transportation - State, and 775-456, Public Transportation - Discretionary Capital.

Increase Appropriation Authority - State Funds

In the event that revenues or unexpended balances, credited to the Highway Operating Fund, exceed the estimates upon which the appropriations have been made in this act, the Director of Transportation may submit a request to the Controlling Board for increased appropriation authority in the same manner as prescribed in section 131.35 of the Revised Code. Such additional revenues or unexpended balances are hereby appropriated to the Department of Transportation when authorized by the Controlling Board.

Increase Appropriation Authority - Federal and Local Funds

In the event that receipts or unexpended balances credited to the Highway Operating Fund, or apportionments or allocations made available from the federal and local government exceed the estimates upon which the appropriations have been made in this act, such excess is hereby appropriated and may be added to the appropriate item or items when requested by the Director of Transportation and approved by the Director of Budget and Management and the Controlling Board.

Reappropriations

All appropriations of the Highway Operating Fund (Fund 002) and the Highway Capital Improvement Fund (Fund 042) remaining unencumbered on June 30, 1997, and the unexpended balance of prior years' appropriations that subsequently become unencumbered after June 30, 1997, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 1998 upon the request of the Director of Transportation with the approval of the Director of Budget and Management. Such reappropriations shall be reported to the Controlling Board at the next regularly scheduled meeting of the board.

All appropriations of the Highway Operating Fund (Fund 002) and the Highway Capital Improvement Fund (Fund 042) in this act remaining unencumbered as of June 30, 1998, are reappropriated for use during fiscal year 1999 for the same purpose. The department shall report all such reappropriations to the Controlling Board.

Of the foregoing appropriation item 772-421, Highway Construction - State, $2,965,000 is to be used each fiscal year during the 1997-1999 biennium by the Department of Transportation for the construction, reconstruction, or maintenance of public access roads, including support features, to and within state facilities owned or operated by the Department of Natural Resources, as requested by the Director of Natural Resources.

Notwithstanding section 5511.06 of the Revised Code, of the foregoing appropriation item 772-421, Highway Construction - State, $2,100,000 in each fiscal year of the 1997-1999 biennium shall be used by the Department of Transportation for the construction, reconstruction, or maintenance of park drives or park roads within the boundaries of metropolitan parks.

Included in the foregoing appropriation item 772-421, Highway Construction - State, the department may perform related road work on behalf of the Ohio Expositions Commission at the state fairgrounds. This includes reconstruction or maintenance of public access roads, including support features, to and within the facilities as requested by the commission and approved by the Director of Transportation.

Liquidation of Unforeseen Liabilities

Any appropriation made to the Department of Transportation, Highway Operating Fund, not otherwise restricted by law, is available to liquidate unforeseen liabilities arising from contractual agreements of prior years when the prior year encumbrance is insufficient.

Congestion Mitigation

The foregoing appropriation item 774-444, Congestion Mitigation Revolving Fund, shall be used to make loans or grants for the construction, reconstruction, resurfacing, restoring, rehabilitation, or replacement of public or private transportation facilities as eligible under United States Code, Title XXIII. Fund revenues shall include, but are not limited to, payments received from any public or private agency in repayment of a loan previously made from the fund or pursuant to 23 U.S.C. 129(a)(7) or successor legislation; interest or other income earned on the investment of moneys in the fund; and any additional moneys made available from any sources, public or private, for the purposes for which the fund has been established.

Lease Payments

Within the Rail Development Fund (4N4), the amount of the foregoing appropriation item 776-663, Panhandle Lease Payments, shall be used to meet scheduled payments for the Panhandle Rail Line. The Director of Transportation shall certify to the Director of Budget and Management any appropriations in line item 776-663, Panhandle Lease Payments, that are not needed to make lease payments for the Panhandle Rail Line. Notwithstanding section 127.14 of the Revised Code, the amount certified is hereby transferred to appropriation item 776-661, Rail Transportation - State. Such transfers shall be reported by the Director of Transportation to the Controlling Board at the next regularly scheduled meeting of the board.

Of the foregoing appropriation item 779-491, Administration-State, $4,300,000 each fiscal year of the 1997-1999 biennium shall be transferred to the General Revenue Fund for reimbursement of the services provided by the Department of Taxation pursuant to sections 5728.08, 5735.26, and 5735.29 of the Revised Code. The Director of Transportation shall make such transfer upon the receipt of a written request from the Director of Budget and Management.

Rental Payments - OBA

The foregoing appropriation item 770-003, Administration - State - Debt Service, shall be used to pay rent to the Ohio Building Authority for various capital facilities to be constructed, reconstructed, or rehabilitated for the use of the Department of Transportation, including the department's plant and facilities at its central office, field districts, and county and outpost locations. The rental payments shall be made from revenues received from the motor vehicle fuel tax. The amounts of any bonds and notes to finance such capital facilities shall be at the request of the Director of Transportation. Notwithstanding section 152.24 of the Revised Code, the Ohio Building Authority may, with approval of the Office of Budget and Management, lease capital facilities to the Department of Transportation.

The Director of Transportation shall hold title to any land purchased and any resulting structures that are attributable to this appropriation item. Notwithstanding section 152.18 of the Revised Code, the Director of Transportation shall administer any purchase of land and any contract for construction, reconstruction, and rehabilitation of facilities as a result of this appropriation.

Should the appropriation and any reappropriations from prior years in item 770-003 exceed the rental payments for fiscal years 1998 or 1999, then prior to June 30, 1999, the balance may be transferred to either item 772-421, 773-431, or 779-491. Such transfer shall be requested by the Director of Transportation with approval by the Director of Budget and Management. Transfers shall be reported to the Controlling Board at the next regularly scheduled meeting of the board.

The Director of Transportation is authorized to use funds from the state motor vehicle fuel tax to match approved federal grants awarded to the Department of Transportation, regional transit authorities, or eligible public transportation systems, for public transportation highway purposes, or to support local or state funded projects for public transportation highway purposes. Public transportation highway purposes include: the construction or repair of high occupancy vehicle traffic lanes; the acquisition or construction of park-and-ride facilities; the acquisition or construction of public transportation vehicle loops; the construction or repair of bridges used by public transportation vehicles or which are the responsibility of a regional transit authority or other public transportation system; or other similar construction which is designated as an eligible public transportation highway purpose. These motor vehicle fuel tax revenues may not be used for operating assistance or for the purchase of vehicles, equipment, or maintenance facilities.

State Highway Safety Fund Group

036	761-321	Operating Expense - Information and Education	$	3,104,533	$	3,105,715
036	761-402	Traffic Safety Match	$	277,137	$	277,137
831	761-610	Information and Education - Federal	$	473,835	$	486,625
83N	761-611	Elementary School Seat Belt Program	$	343,255	$	352,790
832	761-612	Traffic Safety-Federal	$	11,600,000	$	11,600,000
844	761-613	Seat Belt Education Program	$	205,000	$	204,050
846	761-625	Motorcycle Safety Education	$	1,344,020	$	1,383,438
847	761-622	Film Production Reimbursement	$	40,766	$	41,906
TOTAL HSF State Highway Safety
Fund Group			$	17,388,546	$	17,451,661
TOTAL ALL BUDGET FUND GROUPS -
Highway Safety Information
and Education			$	17,388,546	$	17,451,661

Traffic Safety Grant Program

Of the foregoing appropriation item 761-321, Operating Expense - Information and Education, up to $100,000 in fiscal year 1998 and up to $100,000 in fiscal year 1999 shall be used by the Department of Public Safety to fund the department's Traffic Safety Grant Program. The department shall develop necessary criteria to administer the program. The award of grants resulting from this program shall be made as subsidy payments to participants selected by the Department of Public Safety.

Federal Highway Safety Program Match

The foregoing appropriation item 761-402, Traffic Safety Match, shall be used to provide the nonfederal portion of the federal Highway Safety Program. Upon request by the Director of Public Safety and approval by the Director of Budget and Management, appropriation item 761-402 shall be used to transfer funds from the Highway Safety Fund to the Traffic Safety - Federal Fund (Fund 832), at the beginning of each fiscal year on an intrastate transfer voucher.

Film Production Reimbursement

The foregoing appropriation item 761-622, Film Production Reimbursement, shall be used by the Division of Administration of the Department of Public Safety for the purpose of providing a method of collection from other state agencies for services and supplies provided for production of public service announcements and training materials. These funds shall be expended only for supplies and the maintenance of equipment necessary to perform such services.

State Special Revenue Fund Group

4U0	762-638	Collegiate License Plate Program	$	231,094	$	237,565
4U2	762-641	Pro Football Hall of Fame License Plate Program	$	240,552	$	247,287
539	762-614	Motor Vehicle Dealers Board	$	210,752	$	216,615
TOTAL SSR State Special Revenue
Fund Group			$	682,398	$	701,467

State Highway Safety Fund Group

4W4	762-321	Operating Expense-BMV	$	54,521,811	$	55,369,485
4W4	762-410	License Supplement	$	22,637,024	$	23,261,528
83E	762-632	Central Registration Fund	$	8,578,095	$	8,815,058
83L	762-636	Facility Rentals	$	591,100	$	607,651
83R	762-639	Law Enforcement Reimbursement	$	1,200,000	$	1,233,600
835	762-616	Financial Responsibility Compliance	$	5,117,883	$	5,249,359
849	762-627	Automated Title Processing Board	$	8,802,254	$	11,273,129
TOTAL HSF State Highway Safety
Fund Group			$	101,448,167	$	105,809,810
TOTAL ALL BUDGET FUND GROUPS -
Bureau of Motor Vehicles			$	102,130,565	$	106,511,277

Motor Vehicle Registrations

The Registrar of the Bureau of Motor Vehicles may deposit revenues equal to any estimated deficiency in the State Bureau of Motor Vehicles Fund (Fund 4W4) established in section 4501.25 of the Revised Code, obtained pursuant to sections 4503.02 and 4504.02 of the Revised Code to support in part appropriations for operating expenses and to defray the cost of manufacturing and distributing license plates and license plate stickers and enforcing the law relative to the operation and registration of motor vehicles. Notwithstanding the provisions of section 4501.03 of the Revised Code, the above amount shall be paid into the State Bureau of Motor Vehicles Fund before any revenues obtained pursuant to sections 4503.02 and 4504.02 of the Revised Code are paid into any other fund. The deposit of revenues to meet the aforementioned deficiency shall be in approximate equal amounts on a monthly basis or as otherwise determined by the Director of Budget and Management pursuant to a plan submitted by the Registrar of the Bureau of Motor Vehicles.

Special Plates Funds

As of December 1, 1997, all revenue and uses previously ascribed to the Lake Erie License Plate Fund (Fund 4U1), line item 762-640, including all assets and obligations, and the Scenic Rivers License Plate Fund (Fund 4U3), line item 762-642, including all assets and obligations, shall be assumed by the State Bureau of Motor Vehicles Fund (Fund 4W4), line item 762-410, License Supplement.

Before December 1, 1997, the Registrar of Motor Vehicles shall certify to the Director of Budget and Management the revenues and uses, including assets and obligations, of the Collegiate License Plate Fund (Fund 4U0), line item 762-638, that are related to the ten-dollar OBMV fee referred to in section 4503.51 of the Revised Code. Such revenue and uses shall be assumed by Fund 4W4, line item 762-410, License Supplement.

Before December 1, 1997, the Registrar shall certify to the Director of Budget and Management the revenues and uses, including assets and obligations, of the Pro Football Hall of Fame License Plate Fund (Fund 4U2), line item 762-641, that are related to the ten-dollar OBMV fee referred to in section 4503.51 of the Revised Code. Such revenue and uses shall be assumed by Fund 4W4, line item 762-410, License Supplement.

Credit Card Program

Notwithstanding any provisions of law to the contrary, the Department of Public Safety may request Controlling Board approval to increase the appropriation authority for Fund 4W4 line item 762-321, Operating Expense-Bureau of Motor Vehicles, should the Credit Card Payment Program as prescribed in Sub. S.B. 338 of the 118th General Assembly be reinstated.

Capital Projects

The Registrar of Motor Vehicles may transfer revenue from the State Bureau of Motor Vehicles Fund (Fund 4W4) to the State Highway Safety Fund (Fund 036) to meet its obligations for capital projects CIR-047, Department of Public Safety Office Building, and CIR-049, Warehouse Facility.

State Highway Safety Fund Group

036	764-033	Minor Capital Projects	$	1,580,366	$	1,626,653
036	764-321	Operating Expense - Highway Patrol	$	146,441,857	$	151,325,653
83C	764-630	Contraband, Forfeiture, Other	$	538,872	$	552,987
83F	764-657	Law Enforcement Auto. Data System	$	4,504,514	$	4,628,413
83G	764-633	OMVI Fines	$	682,500	$	682,500
831	764-610	Patrol/Federal	$	1,842,299	$	1,889,326
831	764-659	Transportation Enforcement - Federal	$	2,233,985	$	2,290,057
837	764-602	Turnpike Policing	$	7,456,845	$	7,647,183
838	764-606	Patrol Reimbursement	$	275,000	$	275,000
840	764-607	State Fair Security	$	1,195,932	$	1,220,451
840	764-617	Security and Investigations	$	3,536,100	$	3,616,597
840	764-626	State Fairgrounds Police Force	$	655,271	$	671,946
841	764-603	Salvage and Exchange - Highway Patrol	$	1,126,644	$	1,155,410
TOTAL HSF State Highway Safety
Fund Group			$	172,070,205	$	177,582,176

General Services Fund Group

452	764-660	MARCS Maintenance	$	193,577	$	383,369
TOTAL GSF General Services
Fund Group			$	193,577	$	383,369
TOTAL ALL BUDGET FUND GROUPS -
Enforcement			$	172,263,782	$	177,965,545

Collective Bargaining Increases

Notwithstanding division (D) of section 127.14 and division (B) of section 132.35 of the Revised Code, except for the General Revenue Fund, the Controlling Board may, upon the request of either the Director of Budget and Management, or the Department of Public Safety with the approval of the Director of Budget and Management, increase appropriations for any fund, as necessary for the Department of Public Safety, to assist in paying the costs of increases in employee compensation that have occurred that are provided pursuant to Collective Bargaining agreements under Chapter 4117. of the Revised Code and, for exempt employees, under section 124.152 of the Revised Code.

State Highway Safety Fund Group

83M	765-624	Emergency Medical Services	$	1,300,465	$	1,334,226
83P	765-637	EMS Grants	$	3,000,000	$	3,000,000
831	765-610	EMS/Federal	$	250,000	$	250,000
TOTAL HSF State Highway Safety
Fund Group			$	4,550,465	$	4,584,226
TOTAL ALL BUDGET FUND GROUPS -
Emergency Medical Services			$	4,550,465	$	4,584,226

State Highway Safety Fund Group

831	767-610	Liquor Enforcement - Federal	$	50,000	$	50,000
831	769-610	Food Stamp Trafficking Enforcement - Federal	$	702,871	$	721,222
TOTAL HSF State Highway Safety
Fund Group			$	752,871	$	771,222

Liquor Control Fund Group

043	767-321	Liquor Enforcement - Operations	$	7,582,426	$	7,775,467
TOTAL LCF Liquor Control Fund
Group			$	7,582,426	$	7,775,467

State Special Revenue Fund Group

4M3	769-656	Food Stamp Contraband, Forfeiture, and Other	$	50,000	$	50,000
863	767-643	Liquor Enforcement Contraband, Forfeiture, and Other	$	308,393	$	317,018
TOTAL SSR State Special Revenue
Fund Group			$	358,393	$	367,018
TOTAL ALL BUDGET FUND GROUPS -
Special Enforcement			$	8,693,690	$	8,913,707

Federal Special Revenue Fund Group

3N5	763-644	U.S. DOE Agreement	$	250,843	$	255,545
329	763-645	IFG Federal Match/NOAA	$	750,000	$	750,000
337	763-609	Federal Disaster Relief	$	750,000	$	750,000
338	763-646	Direction, Control and Warning	$	175,000	$	175,000
339	763-647	Emergency Management Assistance and Training	$	3,743,176	$	3,754,639
347	763-650	Emergency Operating Centers	$	750,000	$	750,000
TOTAL FED Federal Special
Revenue Fund Group			$	6,419,019	$	6,435,184

General Services Fund Group

4V3	763-662	Storms/NOAA Maintenance	$	57,000	$	57,000
4W6	763-663	MARCS Operations	$	222,000	$	1,090,000
533	763-601	State Disaster Relief	$	336,452	$	345,673
TOTAL GSF General Services
Fund Group			$	615,452	$	1,492,673

State Special Revenue Fund Group

4Y0	763-654	EMA Utility Payment	$	140,000	$	140,000
4Y1	763-655	Salvage & Exchange-EMA	$	25,700	$	26,420
538	763-651	Radiological Emergency Response	$	518,496	$	532,074
657	763-652	Utility Radiological Safety	$	541,156	$	555,236
681	763-653	SARA Title III HAZMAT Planning	$	227,446	$	227,446
TOTAL SSR State Special Revenue
Fund Group			$	1,452,798	$	1,481,176
TOTAL ALL BUDGET FUND GROUPS -
Emergency Management			$	8,487,269	$	9,409,033

Federal Grant

As determined by the Director of Budget and Management, any portion of the Emergency Management State and Local Assistance federal grant which would otherwise reimburse the General Revenue Fund for expenses incurred by the Emergency Management Agency in fiscal year 1997, may be deposited in Emergency Management's Personnel Administration Subdivisions Fund (Fund 339) so that the fund may avoid cash flow problems in the 1997-1999 biennium.

MARCS Fund Transfer

In the event that the Emergency Management Agency is not designated by the Director of the Department of Administrative Services as the agency to operate the Multi Agency Radio Communications System (MARCS), the Director of Budget and Management with the concurrence of the Director of Public Safety and the approval of the Controlling Board, shall transfer the MARCS System Operations Fund (Fund 4W6) and line item 763-663, MARCS Operations, from the Emergency Management Agency to the state agency that is designated by the Director of Administrative Services as the caretaker of the operation of the Multi Agency Radio Communication System.

SARA Title III HAZMAT Planning

The SARA Title III HAZMAT Planning Fund (Fund 861) shall receive grant funds from the Emergency Response Commission to implement the Emergency Management Agency's responsibilities under Sub. S.B. 367 of the 117th General Assembly.

Federal Reimbursement Agreements

Notwithstanding any other provision of law to the contrary, in the event that changes in federal reimbursement agreements require additional resources to be expended by the state prior to the receipt of federal reimbursement, the Director of Budget and Management may, upon request of the Director of Public Safety, transfer appropriation authority between General Revenue Fund line items and may use general services and state special revenue funds for this purpose in fiscal year 1998.

State Highway Safety Fund Group

036	766-321	Operating Expense - Administration	$	3,320,029	$	3,317,217
830	761-603	Salvage and Exchange - Administration	$	19,563	$	20,111
TOTAL HSF State Highway Safety
Fund Group			$	3,339,592	$	3,337,328

General Services Fund Group

4S3	766-661	Hilltop Utility Reimbursement	$	1,000,000	$	1,500,000
5C7	766-664	Data Services	$	4,933,326	$	4,787,971
5C8	766-665	Hilltop Security	$	868,051	$	902,304
TOTAL GSF General Services
Fund Group			$	6,801,377	$	7,190,275
TOTAL ALL BUDGET FUND GROUPS -
Administration			$	10,140,969	$	10,527,603

State Highway Safety Fund Group

036	761-401	Lease Rental Payments	$	9,115,000	$	13,339,000
TOTAL HSF State Highway Safety
Fund Group			$	9,115,000	$	13,339,000
TOTAL ALL BUDGET FUND GROUPS -
Debt Service			$	9,115,000	$	13,339,000

OBA Bond Authority/Lease Rental Payments

The foregoing appropriation item 761-401, Lease Rental Payments, shall be used for payments to the Ohio Building Authority for the period July 1, 1997, to June 30, 1999, pursuant to the primary leases and agreements for those buildings made under Chapter 152. of the Revised Code which are pledged for bond service charges on related obligations issued pursuant to Chapter 152. of the Revised Code. Notwithstanding section 152.24 of the Revised Code, the Ohio Building Authority may, with approval of the Office of Budget and Management, lease capital facilities to the Department of Public Safety.

Hilltop Transfer

The Director of Public Safety shall determine, per an agreement with the Director of Transportation, the share of each debt service payment made out of line item 761-401, Lease Rental Payments, which relates to the Department of Transportation's portion of the Hilltop Building Project, and shall certify to the Director of Budget and Management the amounts of this share. The Director of Budget and Management shall transfer such shares from the Highway Operating Fund (Fund 002) to the Highway Safety Fund (Fund 036).

Holding Account Redistribution Fund Group

R24	762-619	Unidentified Motor Vehicle Receipts	$	1,600,000	$	1,600,000
R27	764-608	Patrol Fee Refunds	$	35,000	$	35,000
TOTAL 090 Holding Account
Redistribution Fund Group			$	1,635,000	$	1,635,000
TOTAL ALL BUDGET FUND GROUPS -
Revenue Distribution			$	1,635,000	$	1,635,000

The Director of Budget and Management, pursuant to a plan submitted by the Department of Public Safety or as otherwise determined by the Director, shall set a monthly transfer schedule to meet any estimated deficiency in the State Highway Safety Fund (Fund 036) established in section 4501.06 of the Revised Code.

The Director shall transfer to the Highway Safety Fund from the Highway Operating Fund (Fund 002) established in section 5735.291 of the Revised Code such amounts at such times as determined by the transfer schedule.

Relocation to New Building

Notwithstanding sections 127.14 and 131.35 of the Revised Code, the Department of Public Safety may request Controlling Board approval to increase the appropriation for line items 761-321, Operating Expense - Information and Education; 761-612, Traffic Safety - Federal; 761-625, Motorcycle Safety Education; 762-616, Financial Responsibility; 762-627, Automated Title Processing Board; 762-632, Central Registration; 762-321, Operating Expense - BMV; 762-410, License Supplement; 764-321, Operating Expense - Highway Patrol; 765-624, Emergency Medical Services; and, 766-321, Operating Expense - Administration, during the biennium by the amount of anticipated expenses to be incurred due to the relocation to a new physical facility which were not included in the department's original budget submission.

Cash Balance Fund Review

Not later than April 1 in each fiscal year of the biennium, the Director of Budget and Management shall review the cash balances for each fund, except the State Highway Safety Fund (Fund 036), in the State Highway Safety Fund Group and with the advice of the Legislative Budget Officer shall recommend to the Controlling Board an amount to be transferred to the credit of the State Highway Safety Fund, or the Bureau of Motor Vehicles Fund, as appropriate.

State Special Revenue Fund Group

4W0	195-629	Roadwork Development	$	13,000,000	$	13,000,000
TOTAL SSR State Special Revenue
Fund Group			$	13,000,000	$	13,000,000
TOTAL ALL BUDGET FUND GROUPS			$	13,000,000	$	13,000,000

Roadwork Development Fund

The Roadwork Development Fund shall be used for road improvements associated with economic development opportunities that will retain or attract businesses for Ohio. "Road improvements" are improvements to public roadway facilities located on, or serving or capable of serving, a project site.

The Department of Transportation, under the direction of the Department of Development, shall provide these funds in accordance with all guidelines and requirements established for Department of Development item 195-412, Business Development, including Controlling Board review and approval as well as the requirements for usage of gas tax revenue prescribed in Section 5a of Article XII, Ohio Constitution. Should the Department of Development require the assistance of the Department of Transportation to bring a project to completion, the Department of Transportation shall use the authority under Title LV of the Revised Code to provide such assistance and enter into contracts on behalf of the Department of Development. In addition, these funds may be used in conjunction with item 195-412, Business Development, or any other state funds appropriated for infrastructure improvements.

The Director of Budget and Management, pursuant to a plan submitted by the Department of Development or as otherwise determined by the Director, shall set a transfer schedule to meet any estimated deficiency in the Department of Development's Roadwork Development Fund (Fund 4W0). The Director shall transfer to the Roadwork Development Fund from the Highway Operating Fund (Fund 002), established in section 5735.291 of the Revised Code, such amounts at such times as determined by the transfer schedule.

Transportation Improvement District

Of the foregoing appropriation item 195-629, Roadwork Development, $250,000 each fiscal year of the biennium shall be paid by the Director of Development to the Butler County Transportation Improvement District to support its administrative activities pursuant to section 5540.16 of the Revised Code. These payments shall not be subject to the restrictions of appropriation item 195-629, Roadwork Development.

State Special Revenue Fund Group

4W7	440-612	Indigent Persons Care	$	4,722,750	$	4,855,533
4W7	440-615	Alcohol Testing and Permit	$	708,409	$	726,664
TOTAL SSR State Special Revenue
Fund Group			$	5,431,159	$	5,582,197
TOTAL ALL BUDGET FUND GROUPS			$	5,431,159	$	5,582,197

Cash Draws from Department of Transportation to Health

The Director of Budget and Management, pursuant to a plan submitted by the Department of Health or as otherwise determined by the Director, shall set a transfer schedule to meet any estimated deficiency in the Indigent Persons Care and Alcohol Testing Fund (Fund 4W7) established in section 3701.66 of the Revised Code.

The Director shall transfer to the Indigent Persons Care and Alcohol Testing Fund from the Highway Operating Fund (Fund 002) established in section 5735.291 of the Revised Code such amounts at such times as determined by the transfer schedule.

Local Transportation Improvements Fund Group

052	150-402	LTIP - Operating	$	362,295	$	387,817
052	150-701	Local Transportation Improvement Program	$	60,000,000	$	60,000,000
TOTAL 052 Local Transportation
Improvements Fund Group			$	60,362,295	$	60,387,817

Local Infrastructure Improvements Fund Group

038	150-321	Operating Expenses	$	846,687	$	912,360
TOTAL LIF Local Infrastructure Improvements
Fund Group			$	846,687	$	912,360
TOTAL ALL BUDGET FUND GROUPS			$	61,208,982	$	61,300,177

District Administration Costs

The Director of the Public Works Commission is authorized to create a District Administration Costs program from interest earnings of the Capital Improvements Fund and Local Transportation Improvement Program Fund proceeds. This program shall be used to provide for administration costs of the nineteen public works districts for the direct costs of district administration. Districts choosing to participate in this program shall only expend Capital Improvements Fund moneys for Capital Improvements Fund costs and Local Transportation Improvement Program Fund moneys for Local Transportation Improvement Program Fund costs. The account shall not exceed $760,000 per fiscal year. Each public works district may be eligible for up to $40,000 per fiscal year from its district allocation as provided in sections 164.08 and 164.14 of the Revised Code.

The Director, by rule, shall define allowable and nonallowable costs for the purpose of the District Administration Costs program. Nonallowable costs shall include indirect costs, elected official salaries and benefits, and project-specific costs. No district public works committee may participate in the District Administration Costs program without the approval of those costs by the district public works committee pursuant to section 164.04 of the Revised Code.

Reappropriations and Transfers

All appropriations to the Local Transportation Improvement Program Fund (Fund 052) made in Am. Sub. H.B. 107 of the 121st General Assembly remaining unencumbered as of June 30, 1997, are reappropriated for use during the period July 1, 1997 through June 30, 1999, for the same purpose.

Notwithstanding division (B) of section 127.14 of the Revised Code, all appropriations and reappropriations to the Local Transportation Improvement Program Fund (Fund 052) made in this act remaining unencumbered at June 30, 1998, may be transferred to fiscal year 1999 for the same purpose, subject to the availability of revenue as determined by the Director of the Public Works Commission.

The Public Works Commission shall report all reappropriations and transfers described in this section to the Controlling Board by August 1 of each year.

As determined by the Director of Budget and Management, and pursuant to a plan submitted by the Director of Public Safety, any appropriate portion of the revenues due and uses ascribed to the administrative funds created to service the Hilltop Project may be transferred from the various funds affected to provide seed money to the applicable administrative fund. Said amounts shall be credited against the various fund obligations as they are recognized.

"Sec. 104. CSF COMMISSIONERS OF THE SINKING FUND

General Revenue Fund

GRF	155-900	Debt Service	$	28,401,000	$	30,616,000
TOTAL GRF General Revenue Fund			$	28,401,000	$	30,616,000

Debt Service Fund Group 072155-900HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE

059	155-900	Development Bond Retirement Fund	$	4,253,400	$	0
071	155-900	Highway Obligations Bond Retirement Fund	$	115,000,000	$	115,000,000
			$	0	$	6,498,000
076	155-900	Coal Research and Development Bond Retirement Fund	$	12,641,825	$	11,304,075
073	155-900	Natural Resources Bond Retirement	$	7,753,000	$	8,506,000
TOTAL DSF Debt Service Fund Group			$	139,648,225		134,810,075
					$	141,308,075
TOTAL ALL BUDGET FUND GROUPS			$	168,049,225		165,426,075
					$	171,929,075

Additional Appropriations

Appropriation items in this section are for the purpose of paying the principal and interest on bonds or other instruments of indebtedness of this state issued pursuant to the Ohio Constitution and acts of the General Assembly. If it is determined that additional appropriations are necessary, such amounts are hereby appropriated.

_HIGHWAY _CAPITAL _IMPROVEMENTS _BOND _SERVICE

APPROPRIATION ITEM 155-900, HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE, IS TO PAY DEBT SERVICE ON HIGHWAY IMPROVEMENTS AND IS THEREFORE A CURRENT EXPENSE OF STATE GOVERNMENT.

_TRANSFER TO _HIGHWAY _CAPITAL _IMPROVEMENTS _BOND _SERVICE _FUND

UPON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONERS OF THE SINKING FUND SHALL CERTIFY TO THE DIRECTOR OF BUDGET AND MANAGEMENT AND THE DIRECTOR OF TRANSPORTATION THE AMOUNT OF MONEY REQUIRED DURING FISCAL YEAR 1997 TO MAKE IN FULL ALL REQUIRED PAYMENTS OF BOND SERVICE CHARGES AND FINANCING COSTS FOR ALL BONDS ISSUED PURSUANT TO SECTION 5528.54 of the Revised Code. UPON RECEIPT OF THIS CERTIFICATION, THE DIRECTOR OF BUDGET AND MANAGEMENT, IN CONSULTATION WITH THE DIRECTOR OF TRANSPORTATION, SHALL TRANSFER CASH IN AN AMOUNT EQUAL TO THAT CERTIFIED FROM THE HIGHWAY OPERATING FUND (FUND 002) CREATED IN SECTION 5735.291 of the Revised Code TO THE HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE FUND (FUND 072) CREATED IN SECTION 5528.55 of the Revised Code."

The repeal of sections of the Revised Code by Section 2 of this act is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the repeal goes into immediate effect when this act becomes law.

Section 20. Sections 121.05, 121.08, 4501.03, 4501.14, 4501.15, 4501.19, 4503.102, 4505.111, 4981.34, 5501.32, 5501.34, 5501.37, 5502.12, 5513.01, 5513.04, 5735.05, and 5735.23 of the Revised Code, as amended within the purview of Sections 1 and 2 of this act, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, such sections of the Revised Code as amended within the purview of Sections 1 and 2 of this act take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such section of the Revised Code as amended within the purview of Sections 1 and 2 of this act, the section as amended, unless rejected at the referendum, takes effect at the earliest time permitted by law.

Section 21. The items in the uncodified sections of law contained in this act that appropriate money for the current expenses of state government, earmark this class of appropriations, or depend for their implementation upon an appropriation for the current expenses of state government are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, these items go into immediate effect when this act becomes law.

The items in the uncodified sections of law contained in this act that appropriate money other than for the current expenses of state government, earmark this class of appropriations, or do not depend for their implementation upon an appropriation for the current expenses of state government are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, these items take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against such an item, the item, unless rejected at the referendum, takes effect at the earliest time permitted by law.

This section is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, this section goes into immediate effect when this act becomes law.

(B) Section 4511.191 of the Revised Code is presented in Section 3 of this act as a composite of the section as amended by both Am. Sub. H.B. 353 and Am. Sub. S.B. 166 of the 121st General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to May 15, 1997.