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As Reported by the Senate Highways and Transportation Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 163 |
REPRESENTATIVES CORE-DAMSCHRODER-THOMAS-HOOPS-KREBS-
MEAD-METZGER-MOTTLEY-O'BRIEN-PERZ-VESPER-BARRETT-BOYD-
JONES-D.MILLER-R.MILLER-OPFER-ROBERTS-SULLIVAN-WILSON-
CORBIN-EVANS-BARNES-ROMAN-ALLEN-WOMERBENJAMIN-PATTON-
SENATOR SOELSLAGER-LATTA
A BILL
To amend sections
109.71, 109.77, 145.01, 145.33, 306.42, 306.52, 319.54, 742.63, 2925.44,
2933.43,
2935.01, 4301.021, 4301.10, 4301.21, 4301.31, 4301.53, 4301.66, 4501.03,
4501.10,
4501.27, 4503.102, 4503.19, 4505.06, 4507.011, 4507.02, 4509.101, 4561.021,
4561.20, 4561.341, 4563.01,
4906.10, 5501.03,
5501.04, 5501.07,
5502.01, 5502.13, 5502.14, 5502.16, 5502.17, 5502.18, 5502.62, 5517.011,
5735.051, 5739.02, and 5741.02;
to amend, for the purpose of adopting a new section number as
indicated in parentheses, section 5502.62 (5502.19); to enact sections
5301.234, 5512.10, and 5525.25;
and to repeal sections 4501.14 and
5502.61 of the Revised Code, to amend Section 3 of Am. Sub. S.B. 20 of the
120th General Assembly, as subsequently amended,
and to suspend until January
1,
2000, the operation of sections 1548.01 and 1548.06 of the Revised Code, as
amended by Am. Sub. S.B. 187 of the 122nd General Assembly, insofar as those
sections subject watercraft less than fourteen feet in length to Chapter 1548.
of
the Revised Code,
to make appropriations for
programs related to
transportation and public safety for the biennium beginning July 1, 1999, and
ending June 30, 2001, and to provide authorization and conditions for the
operation of those programs;
and to maintain
certain provisions of this act on and after July 1, 1999, by
amending the version of section 4505.06 of the Revised Code that
takes effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.71, 109.77, 145.01, 145.33, 306.42, 306.52,
319.54, 742.63, 2925.44,
2933.43,
2935.01, 4301.021, 4301.10, 4301.21, 4301.31, 4301.53, 4301.66, 4501.03,
4501.10,
4501.27, 4503.102, 4503.19, 4505.06, 4507.011, 4507.02, 4509.101, 4561.021,
4561.20, 4561.341, 4563.01,
4906.10,
5501.03, 5501.04, 5501.07,
5502.01, 5502.13, 5502.14, 5502.16, 5502.17, 5502.18, 5502.62, 5517.011,
5735.051, 5739.02, and 5741.02 be amended, section 5502.62 (5502.19) be
amended for the purpose of adopting a new section number as indicated in
parentheses, and sections 5301.234, 5512.10, and 5525.25 of the Revised Code
be enacted to read as
follows:
Sec. 109.71. There is hereby created in the office of the
attorney general the Ohio peace officer training commission. The
commission shall consist of nine members appointed by the governor
with the advice and consent of the senate and selected as
follows: one member representing the public; two members who are
incumbent sheriffs; two members who are incumbent chiefs of
police; one member from the bureau of criminal identification and
investigation; one member from the state highway patrol; one
member who is the special agent in charge of a field office of
the federal bureau of investigation in this state; and one member
from the department of education, trade and industrial
education services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of
the organized police department of a township or municipal
corporation, member of a township police district or joint
township police district police force, member of a police force
employed by a metropolitan housing authority under division (D)
of section 3735.31 of the Revised Code, or township constable,
who is commissioned and employed as a peace officer by a
political subdivision of this state or by a metropolitan housing
authority, and whose primary duties are to preserve the peace, to
protect life and property, and to enforce the laws of this state,
ordinances of a municipal corporation, resolutions of a township,
or regulations of a board of county commissioners or board of
township trustees, or any such OF THOSE laws, ordinances,
resolutions, or regulations;
(2) A police officer who is employed by a railroad company and
appointed and commissioned by the governor pursuant to sections
4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the
enforcement of Chapter 5743. of the Revised Code and designated
by the tax commissioner for peace officer training for purposes
of the delegation of investigation powers under section 5743.45
of the Revised Code;
(4) An undercover drug agent;
(5) Liquor control investigators ENFORCEMENT AGENTS of the
department of public safety engaged
in the enforcement of Chapters 4301. and 4303. WHOM THE DIRECTOR OF
PUBLIC SAFETY DESIGNATES UNDER SECTION 5502.14 of the Revised
Code;
(6) An employee of the department of natural resources who
is a natural resources law enforcement staff officer designated pursuant to
section 1501.013, a park officer designated pursuant to
section
1541.10, a
forest officer designated pursuant to section 1503.29, a preserve
officer designated pursuant to section 1517.10, a wildlife officer designated
pursuant to section 1531.13, or a state watercraft
officer designated pursuant to section 1547.521 of the Revised
Code;
(7) An employee of a park district who is designated
pursuant to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is
designated pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that
employs and maintains its own proprietary police department or
security department, and who is appointed and commissioned by the
governor pursuant to sections 4973.17 to 4973.22 of the Revised
Code;
(10) Ohio veterans' home police officers designated under
section 5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed
under section 3345.04 of the Revised Code or a person serving as a state
university law enforcement officer on a permanent basis on June 19,
1978, who has been awarded a certificate by the executive director of the
Ohio peace officer training council attesting to the person's
satisfactory completion of an approved state, county, municipal, or department
of natural resources peace officer basic training program;
(13) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(14) A member of a campus police department appointed
under section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional transit authority
under division (Y) of section 306.35 of the Revised Code;
(16) Food stamp trafficking agents of the department of
public safety
designated under section 5502.14 of the Revised Code;
(17) Investigators appointed by the auditor of state pursuant to
section
117.091 of the Revised Code and engaged in the enforcement of Chapter 117. of
the Revised Code;
(18)(17) A special police officer designated by the
superintendent of the
state highway patrol pursuant to section 5503.09 of the Revised Code
or a person who was serving as a special police officer pursuant
to that section
on a permanent basis on
October 21, 1997, and who has
been awarded a certificate by the executive director of the
Ohio peace officer training
commission attesting to the person's satisfactory completion of
an approved state, county, municipal, or department of natural
resources peace officer basic training program.
(B) "Undercover drug agent" has the same meaning as in
division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the
use of interpersonal and communication skills to most effectively
and sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 109.77. (A) As used in this section, "felony" has the same meaning
as in section 109.511 of the Revised Code.
(B)(1) Notwithstanding any general, special,
or local law or charter to the contrary, and except as otherwise
provided in this section, no person shall receive an original
appointment on a permanent basis as any of the following unless
the person previously has been awarded a certificate by the
executive director of the Ohio peace officer training commission
attesting to the person's satisfactory completion of an approved
state, county, municipal, or department of natural resources
peace officer basic training program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or 1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated pursuant to section 6101.75 of the Revised Code;
(e) A state university law enforcement officer;
(f) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(g) A food stamp trafficking AN ENFORCEMENT agent of the
department of public
safety designated WHOM THE DIRECTOR OF PUBLIC SAFETY DESIGNATES
under section 5502.14 of the Revised Code.
(2) Every person who is appointed on a temporary basis or
for a probationary term or on other than a permanent basis as any
of the following shall forfeit the appointed position unless
the person previously has completed
satisfactorily or, within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.74 of the Revised Code, satisfactorily completes a
state, county, municipal, or department of natural resources
peace officer basic training program for temporary or
probationary officers and is awarded a certificate by the
director attesting to the satisfactory completion of the program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or 1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated pursuant to section 6101.75 of the Revised Code;
(e) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(f) A food stamp trafficking AN ENFORCEMENT agent of the
department of public
safety designated WHOM THE DIRECTOR OF PUBLIC SAFETY DESIGNATES
under section 5502.14 of the Revised Code.
(3) For purposes of division (B) of this section, a state,
county, municipal, or department of natural resources peace
officer basic training program, regardless of whether the program
is to be completed by peace officers appointed on a permanent or
temporary, probationary, or other nonpermanent basis, shall
include at least fifteen hours of training in the handling of the
offense of domestic violence, other types of domestic
violence-related offenses and incidents, and protection orders
and consent agreements issued or approved under section 2919.26
or 3113.31 of the Revised Code and at least six hours of crisis
intervention training. The requirement to complete fifteen hours
of training in the handling of the offense of domestic violence,
other types of domestic violence-related offenses and incidents,
and protection orders and consent agreements issued or approved
under section 2919.26 or 3113.31 of the Revised Code does not
apply to any person serving as a peace officer on March 27, 1979,
and the requirement to complete six hours of training in crisis
intervention does not apply to any person serving as a peace
officer on April 4, 1985. Any person who is serving as a peace
officer on April 4, 1985, who terminates that employment after
that date, and who subsequently is hired as a peace officer by
the same or another law enforcement agency shall complete the six
hours of training in crisis intervention within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.742 of the Revised Code. No peace officer shall have
employment as a peace officer terminated and then be reinstated with intent to
circumvent this section.
(4) Division (B) of this section does not apply to any
person serving on a permanent basis on March 28, 1985, as a park
officer, forest officer, preserve officer, wildlife officer, or
state watercraft officer of the department of natural resources
or as an employee of a park district under section 511.232 or
1545.13 of the Revised Code, to any person serving on a permanent
basis on March 6, 1986, as an employee of a conservancy district
designated pursuant to section 6101.75 of the Revised Code, to
any person serving on a permanent basis on January 10, 1991, as a
preserve officer of the department of natural resources, to
any person employed on a permanent basis on July 2, 1992, as a
special police officer by the
department of mental health pursuant to section 5119.14 of the
Revised Code or by the department of mental retardation and
developmental disabilities pursuant to section 5123.13 of the
Revised Code, or to any person serving on a permanent basis on
June 19, 1978, as a state university law enforcement officer pursuant
to section 3345.04 of the Revised Code and who, immediately prior to June 19,
1978, was serving as a special police officer
designated under authority of that section.
(5) Division (B) of this section does not apply to any
person who is appointed as a regional transit authority police officer
pursuant to division (Y) of section 306.35 of the Revised Code if, on or
before July 1, 1996, the person has completed
satisfactorily an approved
state, county, municipal, or department of natural resources peace officer
basic training program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting to the
person's satisfactory completion of such an approved program and if, on
July 1, 1996, the person is performing peace officer functions for a
regional transit authority.
(C) No person, after September 20, 1984, shall receive an
original appointment on a permanent basis as a liquor control
investigator or food stamp trafficking agent of the department of
public safety, engaged in the enforcement of Chapters 4301. and 4303. of the
Revised Code, or as an Ohio veterans' home police officer
designated under section
5907.02 of the Revised
Code unless the person previously has been awarded a certificate
by the executive director of the Ohio peace officer training commission
attesting to the person's satisfactory completion of an approved
police officer basic training program. Every person who is appointed
on
a temporary basis or for a probationary term or on other than a
permanent basis as a liquor control investigator of the department
of public safety, engaged in the enforcement of Chapters 4301. and 4303. of
the Revised Code, or as an Ohio veterans' home police officer
designated under section 5907.02 of the Revised Code shall
forfeit that position unless the person previously has
completed satisfactorily or, within one year from
the time of appointment,
satisfactorily completes an approved police officer basic training
program.
No person, beginning on October 29, 1995, shall receive
an original appointment
on a permanent basis as a food stamp trafficking agent of the department of
public safety authorized to enforce Chapter 5502. and sections
2913.46 and 5101.54
of the Revised Code and engaged in the enforcement of laws and rules described
in section 5502.14 of the Revised Code unless the person previously has been
awarded a certificate by
the executive director of the Ohio peace officer training commission
attesting to the person's satisfactory completion of an approved police
officer basic
training program. Every person who is appointed on a temporary or for a
probationary term or on other than a permanent basis as a food stamp
trafficking agent shall forfeit that position unless the person previously has
completed satisfactorily, or within one year from
the time of the appointment
satisfactorily completes, an approved police officer basic training
program.
(D) No bailiff or deputy bailiff of a court of record of
this state and no criminal investigator who is employed by the
state public defender shall carry a firearm, as defined in
section 2923.11 of the Revised Code, while on duty unless the
bailiff, deputy bailiff, or criminal investigator has
done or received one of the following:
(1) Has been awarded a certificate by the executive director of the Ohio
peace officer training commission, which certificate attests to
satisfactory completion of an approved state, county, or
municipal basic training program for bailiffs and deputy bailiffs
of courts of record and for criminal investigators employed by
the state public defender that has been recommended by the Ohio
peace officer training commission;
(2) Has successfully completed
a firearms training program approved by the Ohio peace officer training
commission prior to employment as a bailiff, deputy
bailiff, or criminal investigator;
(3) Prior to June 6, 1986,
was authorized to carry a firearm by the court that
employed the bailiff or deputy bailiff or, in
the case of a criminal
investigator, by the state public defender and has received
training in the use of firearms that the Ohio peace officer training
commission determines is equivalent to the training that
otherwise is required by division (D) of this
section.
(E)(1) Prior to awarding any
certificate prescribed in this section, the executive director of
the Ohio peace officer training commission shall request the
person to whom the certificate is to be awarded to disclose, and
the person shall disclose, any previous criminal conviction of or
plea of guilty of that person to a felony.
(2) Prior to the
award by the executive director of the commission of any
certificate prescribed in this section, the prospective employer of the person
to whom the certificate is to be awarded or the commander of the peace officer
training school attended by that person shall request the bureau of criminal
identification and
investigation to conduct a criminal history records check on the person. Upon
receipt of the request, the bureau promptly shall conduct a criminal history
records check on the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the prospective
employer or peace officer training school commander that made the request.
Upon receipt of the copy of the
criminal history records check from the bureau, the prospective employer or
peace officer training school commander that made the request shall submit the
copy to the executive director of
the Ohio peace officer training commission. The
executive director shall not award any certificate prescribed in this section
unless the executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be awarded.
(3) The executive director of the commission shall not award a certificate
prescribed in this section to a person who has been convicted of or has
pleaded guilty to a felony or who fails to disclose any
previous criminal conviction of or plea of guilty to a
felony as required under division (E)(1) of this section.
(4) The executive director of the commission shall revoke the certificate
awarded to a person as prescribed in this section, and that
person shall forfeit all of the benefits derived from being
certified as a peace officer under this section, if the person,
prior to the award of the certificate, failed to disclose any
previous criminal conviction of or plea of guilty to a
felony as required under division (E)(1)
of this section.
(F)(1) Regardless of whether the person has been awarded the
certificate or has been classified as a peace officer prior to, on, or after
the effective date of this amendmentOCTOBER 16, 1996,
the
executive director of the
Ohio peace officer training commission shall revoke any
certificate that has been awarded to a person as prescribed in
this section if the person does either of the following:
(a) Pleads guilty to a felony committed on or after
January 1, 1997.
(b) Pleads guilty to a misdemeanor
committed on or after January 1, 1997, pursuant to a negotiated plea
agreement as provided in
division (D) of section 2929.29 of the Revised Code
in which the person agrees
to surrender the certificate awarded to the person under this
section.
(2) The executive director of the commission shall suspend any
certificate that has been awarded to a person as prescribed in
this section if the person is convicted, after trial, of a
felony committed on or after January 1,
1997. The executive director shall suspend the certificate
pursuant to division (F)(2) of this section
pending the outcome of an appeal by the
person from that conviction to the
highest court to which the appeal is taken or until the
expiration of the period in which an appeal is required to be
filed. If the person files an appeal that results in that person's
acquittal of the felony or conviction of a misdemeanor, or in the dismissal of
the felony charge against that person, the executive
director shall reinstate the certificate awarded to the person
under this section. If the person files an appeal from that person's
conviction of the felony and the conviction is
upheld by the highest court to which the appeal is taken or if
the person does not file a timely appeal, the executive director
shall revoke the certificate awarded to the person under this
section.
(G)(1) If a person is awarded a certificate under
this section and the certificate is revoked pursuant to division
(E)(4) or
(F) of this section, the person shall not be eligible to receive, at
any time, a certificate attesting to the person's satisfactory completion of a
peace officer basic training program.
(2) The revocation or suspension of a certificate under division
(E)(4) or (F) of this section shall be in accordance with
Chapter 119. of the Revised Code.
(H)(1) A person who was employed as a peace officer of a
county, township, or municipal corporation of the state on
January 1, 1966, and who has completed at least sixteen years of
full-time active service as such a peace officer may receive an
original appointment on a permanent basis and serve as a peace
officer of a county, township, or municipal corporation, or as a
state university law enforcement officer, without complying with
the requirements of division (B) of this section.
(2) Any person who held an appointment as a state highway
trooper on January 1, 1966, may receive an original appointment
on a permanent basis and serve as a peace officer of a county,
township, or municipal corporation, or as a state university law
enforcement officer, without complying with the requirements of
division (B) of this section.
(I) No person who is appointed as a peace officer of a
county, township, or municipal corporation on or after April 9,
1985, shall serve as a peace officer of that county, township, or
municipal corporation unless the person has received training in the
handling of missing children and child abuse and neglect cases
from an approved state, county, township, or municipal police
officer basic training program or receives the training within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.741 of the Revised Code.
(J) No part of any approved state, county, or municipal
basic training program for bailiffs and deputy bailiffs of courts
of record and no part of any approved state, county, or municipal
basic training program for criminal investigators employed by the
state public defender shall be used as credit toward the
completion by a peace officer of any part of the approved state,
county, or municipal peace officer basic training program that
the peace officer is required by this section to complete
satisfactorily.
(K) This section does not apply to any member of the
police department of a municipal corporation in an adjoining
state serving in this state under a contract pursuant to section
737.04 of the Revised Code.
Sec. 145.01. As used in this chapter:
(A) "Public employee" means:
(1) Any person holding an office, not elective, under the state or any
county, township, municipal corporation, park district, conservancy district,
sanitary district, health district, metropolitan housing authority, state
retirement board, Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state university, or
board, bureau, commission, council, committee, authority, or administrative
body as the same are, or have been, created by action of the general assembly
or by the legislative authority of any of the units of local government named
in division (A)(1) of this section, or employed and
paid in whole or in part by the state or any
of the authorities named in division (A)(1) of this
section in any capacity not covered by
section 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees retirement system
and who
continues to perform the same or similar duties under the direction of a
contractor who has contracted to take over what before the date of the
contract was a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the purposes of
administering this chapter.
(3) Any person who is an employee of a public employer, notwithstanding that
the person's compensation for that employment is derived from funds of a
person or entity other than the employer. Credit for such service shall be
included as total service credit, provided that the employee makes the
payments required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code.
In all cases of doubt, the public employees retirement board shall determine
whether any person is a public employee, and its decision is final.
(B) "Member" means any public employee, other than a public employee excluded
or exempted from membership in the retirement system by section 145.03,
145.031, 145.032, 145.033, 145.034, 145.035, or 145.38 of the Revised Code.
"Member" includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also includes a
disability benefit recipient.
(C) "Head of the department" means the elective or appointive head of the
several executive, judicial, and administrative departments, institutions,
boards, and commissions of the state and local government as the same are
created and defined by the laws of this state or, in case of a charter
government, by that charter.
(D) "Employer" or "public employer" means the state or any county, township,
municipal corporation, park district, conservancy district, sanitary district,
health district, metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union cemetery, joint
hospital, institutional commissary, state medical college, state university,
or board, bureau, commission, council, committee, authority, or administrative
body as the same are, or have been, created by action of the general assembly
or by the legislative authority of any of the units of local government named
in this division not covered by section 3307.01 or 3309.01 of the Revised
Code. In addition, "employer" means the employer of any public employee.
(E) "Prior service" means all service as a public employee rendered before
January 1, 1935, and all service as an employee of any employer who comes
within the state teachers retirement system or of the school employees
retirement system or of any other retirement system established under the laws
of this state rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that other system
after that other system was established, credit for the service may be allowed
by the public employees retirement system only when the employee has made
payment, to be computed on the salary earned from the date of appointment to
the date membership was established in the public employees retirement system,
at the rate in effect at the time of payment, and the employer has made
payment of the corresponding full liability as provided by section 145.44 of
the Revised Code. "Prior service" also means all service credited for active
duty with the armed forces of the United States as provided in section 145.30
of the Revised Code.
If an employee who has been granted prior service credit by the public
employees retirement system for service rendered prior to January 1, 1935, as
an employee of a board of education establishes, before retirement, one year
or more of contributing service in the state teachers retirement system or
school employees retirement system, then the prior service ceases to be the
liability of this system.
If the board determines that a position of any member in any calendar year
prior to January 1, 1935, was a part-time position, the board shall determine
what fractional part of a year's credit shall be allowed by the following
formula:
(1) When the member has been either elected or appointed to an office the
term of which was two or more years and for which an annual salary is
established, the fractional part of the year's credit shall be computed as
follows:
First, when the member's annual salary is one thousand dollars or less, the
service credit for each such calendar year shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary above one thousand
dollars, the member's service credit for each such calendar year shall be
increased by two and one-half per cent.
(2) When the member is paid on a per diem basis, the service credit for any
single year of the service shall be determined by using the number of days of
service for which the compensation was received in any such year as a
numerator and using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the service credit for any
single year of the service shall be determined by using the number of hours of
service for which the compensation was received in any such year as a
numerator and using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in the employees'
savings fund created by section 145.23 of the Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a person or persons
who, as the result of the death of a member, contributor, or retirant, qualify
for or are receiving some right or benefit under this chapter.
(H)(1) "Total service credit," except as provided in section 145.37 of the
Revised Code, means all service credited to a member of the retirement system
since last becoming a member, including restored service credit as provided by
section 145.31 of the Revised Code; credit purchased under sections 145.293
and 145.299 of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this chapter; all
service credit established pursuant to section 145.297 of the Revised Code;
and any other service credited under this chapter. In addition, "total
service credit" includes any period, not in excess of three years, during
which a member was out of service and receiving benefits under Chapters 4121.
and 4123. of the Revised Code. For the exclusive purpose of satisfying the
service credit requirement and of determining eligibility for benefits under
sections 145.32, 145.33, 145.331, 145.35, 145.36, and 145.361 of the Revised
Code, "five or more years of total service credit" means sixty or more
calendar months of contributing service in this system.
(2) "One and one-half years of contributing service
credit," as used in division (B) of section 145.45 of the Revised
Code, also means eighteen or more calendar months of employment
by a municipal corporation that formerly operated its own
retirement plan for its employees or a part of its employees,
provided that all employees of that municipal retirement plan who have
eighteen or more months of such employment, upon
establishing membership in the public employees retirement
system, shall make a payment of the contributions they would have paid
had they been members of this system for the eighteen months of
employment preceding the date membership was established. When
that payment has been made by all such employee
members, a
corresponding payment shall be paid into the employers'
accumulation fund by that municipal corporation as the employer
of the employees.
(3) Where a member also is a member of the state teachers retirement system
or the school employees retirement system, or both, except in cases of
retirement on a combined basis pursuant to section 145.37 of the Revised Code,
service credit for any period shall be credited on the basis of the ratio that
contributions to the public employees retirement system
bear to total
contributions in all state retirement systems.
(4) Not more than one year of credit may be given for any period of twelve
months.
(5) "Ohio service credit" means credit for service that was rendered to the
state or any of its political subdivisions or any employer.
(I) "Regular or current interest" means interest at any rates for the
respective funds and accounts as the public employees retirement board may
determine from time to time, except as follows:
(1) Subsequent to December 31, 1958, the retirement board shall discontinue
the annual crediting of current interest to the individual accounts of
contributors. The noncrediting of current interest shall not affect the rate
of interest at retirement guaranteed under division (I)
of this section.
(2) The rate of interest credited on a contributor's contributions at
retirement shall be four per cent per annum, compounded annually, to and
including December 31, 1955; three per cent per annum, compounded annually,
from January 1, 1956, to and including December 31, 1963; three and
one-quarter per cent per annum, compounded annually, from January 1, 1964, to
and including December 31, 1969; and thereafter four per cent per annum,
compounded annually.
In determining the reserve value for the purpose of
computing the amount of the contributor's annuity, the rate of
interest used in the annuity values shall be four per cent per
annum, compounded annually, for contributors retiring before
October 1, 1956, and after December 31, 1969; three per cent per annum,
compounded annually, for
contributors retiring between October 1, 1956, and December 31,
1963; and three and one-quarter per cent per annum, compounded
annually, for contributors retiring from January 1, 1964, to
December 31, 1969. Interest on contributions from contributors
within any one calendar year shall begin on the first day of the
calendar year next following and shall be computed at the end of
each calendar year, except in the case of a contributor who
retires before the end of the year.
(J) "Accumulated contributions" means the sum of all
amounts credited to a contributor's individual account in the
employees' savings fund together with any current interest
thereon, but does not include the interest adjustment at
retirement.
(K)(1) "Final average salary" means the quotient obtained
by dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year is higher
than for any comparable period in the three years, the member's earnable
salary for the partial year shall be substituted for the member's earnable
salary for the comparable period during the three years in which the member's
earnable salary was lowest.
(2) If a member has less than three years of contributing service, the
member's final average salary shall be the member's total earnable salary
divided by the total number of years, including any fraction of a year, of the
member's contributing service.
(3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary
on which contributions were made divided by the total number of
years during which contributions were made, including any
fraction of a year. If contributions were made for less than
twelve months, "final average salary" means the member's total
earnable salary.
(L) "Annuity" means payments for life derived from contributions made by a
contributor and paid from the annuity and pension reserve fund as provided in
this chapter. All annuities shall be paid in twelve equal monthly
installments.
(M) "Annuity reserve" means the present value, computed upon the basis of the
mortality and other tables adopted by the board, of all payments to be made on
account of any annuity, or benefit in lieu of any annuity, granted to a
retirant as provided in this chapter.
(N)(1) "Disability retirement" means retirement as provided in section 145.36
of the Revised Code.
(2) "Disability allowance" means an allowance paid on account of disability
under section 145.361 of the Revised Code.
(3) "Disability benefit" means a benefit paid as disability retirement under
section 145.36 of the Revised Code, as a disability allowance under section
145.361 of the Revised Code, or as a disability benefit under section 145.37
of the Revised Code.
(4) "Disability benefit recipient" means a member who is receiving a
disability benefit.
(O) "Age and service retirement" means retirement as provided in sections
145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from contributions made
by the employer that at the time of retirement are credited into the annuity
and pension reserve fund from the employers' accumulation fund and paid from
the annuity and pension reserve fund as provided in this chapter. All
pensions shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that portion of the benefit
derived from contributions made by the member.
(R)(1) Except as otherwise provided in division (R)
of this section, "earnable salary" means
all salary, wages, and other earnings paid to a contributor by reason of
employment in a position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of the amount
required to be contributed to the employees' savings fund under section 145.47
of the Revised Code and without regard to whether any of the salary, wages, or
other earnings are treated as deferred income for federal income tax
purposes. "Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, wages, or other earnings
for sick leave, personal leave, or vacation used by the contributor;
(b) Payments made by the employer for the conversion of sick leave, personal
leave, and vacation leave accrued, but not used if the payment is made
during
the year in which the leave is accrued, except that payments made pursuant to
section 124.383 or 124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, consisting of
housing, laundry, and meals, as certified to the retirement board by the
employer or the head of the department that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the Revised Code;
(e) Payments that are made under a disability leave program sponsored by the
employer and for which the employer is required by section 145.296 of the
Revised Code to make periodic employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) of this section.
(2) "Earnable salary" does not include any of the following:
(a) Fees and commissions, other than those paid under section 507.09 of the
Revised Code, paid as sole compensation for personal services and fees and
commissions for special services over and above services for which the
contributor receives a salary;
(b) Amounts paid by the employer to provide life insurance, sickness,
accident, endowment, health, medical, hospital, dental, or surgical coverage,
or other insurance for the contributor or the contributor's family, or amounts
paid by the employer to the contributor in lieu of providing the insurance;
(c) Incidental benefits, including lodging, food, laundry, parking, or
services furnished by the employer, or use of the employer's property or
equipment, or amounts paid by the employer to the contributor in lieu of
providing the incidental benefits;
(d) Reimbursement for job-related expenses authorized by the employer,
including moving and travel expenses and expenses related to professional
development;
(e) Payments for accrued, but unused sick leave, personal leave, or
vacation
that are made at any time other than in the year in which the sick leave,
personal leave, or vacation was accrued;
(f) Payments made to or on behalf of a contributor that are in excess of the
annual compensation that may be taken into account by the retirement system
under division (a)(17) of section 401 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 5923.05 of the Revised
Code or Section 4 of Substitute Senate Bill No. 3 of the 119th general
assembly;
(h) Anything of value received by the contributor that is based on or
attributable to retirement or an agreement to retire, except that payments
made on or before January 1, 1989, that are based on or attributable to an
agreement to retire shall be included in earnable salary if both of the
following apply:
(i) The payments are made in accordance with contract provisions that were in
effect prior to January 1, 1986;
(ii) The employer pays the retirement system an amount specified by the
retirement board equal to the additional liability resulting from the
payments.
(3) The retirement board shall determine by rule whether any compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final.
(S) "Pension reserve" means the present value, computed upon the basis of the
mortality and other tables adopted by the board, of all payments to be made on
account of any retirement allowance or benefit in lieu of any retirement
allowance, granted to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited to a member of the
system since January 1, 1935, for which contributions are made as required by
sections 145.47, 145.48, and 145.483 of the Revised Code. In any year
subsequent to 1934, credit for any service shall be allowed by the following
formula:
(a) For each month for which the member's earnable salary is two hundred
fifty dollars or more, allow one month's credit.
(b) For each month for which the member's earnable salary is less than two
hundred fifty dollars, allow a fraction of a month's credit. The numerator of
this fraction shall be the earnable salary during the month, and the
denominator shall be two hundred fifty dollars, except that if the member's
annual earnable salary is less than six hundred dollars, the member's credit
shall not be reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division (T)(1)(b) of this section shall not
reduce any credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an elected official who
prior to January 1, 1980, was granted a full year of credit for each year of
service as an elected official shall be considered to have earned a full year
of credit for each year of service regardless of whether the service was
full-time or part-time. The public employees retirement board has no
authority to reduce the credit.
(U) "State retirement board" means the public employees retirement board, the
school employees retirement board, or the state teachers retirement board.
(V) "Retirant" means any former member who retires and is receiving a monthly
allowance as provided in sections 145.32, 145.33, 145.331, 145.34, and 145.46
of the Revised Code.
(W) "Employer contribution" means the amount paid by an employer as
determined by the employer rate including the normal and deficiency
contribution rates.
(X) "Public service terminates" means the last day for which a public
employee is compensated for services performed for an employer or the date of
the employee's death, whichever occurs first.
(Y) When a member has been elected or appointed to an office, the term of
which is two or more years, for which an annual salary is established, and in
the event that the salary of the office is increased and the member is denied
the additional salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect to have the
amount of the member's contributions calculated upon the basis of the
increased salary for the office. At the member's request, the board shall
compute the total additional amount the member would have contributed, or the
amount by which each of the member's contributions would have increased, had
the member received the increased salary for the office the member holds. If
the member elects to have the amount by which the member's contribution would
have increased withheld from the member's salary, the member shall notify the
employer, and the employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that amount withheld
may elect at any time to make a payment to the retirement system equal to the
additional amount the member's contribution would have increased, plus
interest on that contribution, compounded annually at a rate established by
the board and computed from the date on which the last contribution would have
been withheld from the member's salary to the date of payment. A member may
make a payment for part of the period for which the increased contribution was
not withheld, in which case the interest shall be computed from the date the
last contribution would have been withheld for the period for which the
payment is made. Upon the payment of the increased contributions as provided
in this division, the increased annual salary as provided by law for the
office for the period for which the member paid increased contributions
thereon shall be used in determining the member's earnable salary for the
purpose of computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive purpose of satisfying
the service credit requirements and of determining eligibility for benefits
under section 145.33 of the Revised Code, means employment covered under this
chapter or under a former retirement plan operated, recognized, or endorsed by
the employer prior to coverage under this chapter or under a
combination of
the coverage.
(AA) "Deputy sheriff" means any person who is commissioned and employed as a
full-time peace officer by the sheriff of any county, and has been so employed
since on or before December 31, 1965, and whose primary duties are to preserve
the peace, to protect life and property, and to enforce the laws of this
state; any person who is or has been commissioned and employed as a peace
officer by the sheriff of any county since January 1, 1966, and who has
received a certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of the Revised
Code and whose primary duties are to preserve the peace, protect life and
property, and enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of the Revised
Code as a criminal bailiff or court constable who has received a certificate
attesting to the person's satisfactory completion of the peace officer
training school as required by section 109.77 of the Revised Code and whose
primary duties are to preserve the peace, protect life and property, and
enforce the laws of this state.
(BB) "Township constable or police officer in a township police department or
district" means any person who is commissioned and employed as a full-time
peace officer pursuant to Chapter 505. or 509. of the Revised Code, who has
received a certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of the Revised
Code, and whose primary duties are to preserve the peace, protect life and
property, and enforce the laws of this state.
(CC) "Drug agent" means any person who is either of the following:
(1) Employed full-time as a narcotics agent by a county narcotics agency
created pursuant to section 307.15 of the Revised Code and has received a
certificate attesting to the satisfactory completion of the peace officer
training school as required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as defined in section
109.79 of the Revised Code and is in compliance with section 109.77 of the
Revised Code.
(DD) "Liquor control investigator DEPARTMENT OF PUBLIC SAFETY
ENFORCEMENT AGENT" means a full-time employee of the
department of public safety who is engaged in the enforcement of Chapters
4301. and 4303. DESIGNATED UNDER SECTION 5502.14 of the
Revised Code AS AN ENFORCEMENT AGENT and WHO is in compliance
with section 109.77
of the Revised Code.
(EE) "Natural resources law enforcement staff officer" means a
full-time employee of the department of natural resources who is designated a
natural resources law enforcement staff officer under section 1501.013 of the
Revised Code
and
is in compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the department of
natural
resources who is designated a park officer under section 1541.10 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer under section 1503.29 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time
employee of the department of natural resources who is
designated a preserve officer under section 1517.10 of the
Revised
Code and is in compliance with
section 109.77 of the Revised
Code.
(II) "Wildlife officer" means a full-time employee of the department
of
natural resources who is designated a wildlife officer under section 1531.13
of the Revised Code and is in compliance with section 109.77 of the Revised
Code.
(JJ) "State watercraft officer" means a full-time
employee of the department
of natural resources who is designated a state watercraft officer under
section 1547.521 of the Revised Code and is in compliance with section 109.77
of the Revised Code.
(KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section 511.232 or 1545.13 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to section 6101.75 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is employed full-time, is in
compliance with section 109.77 of the Revised Code, and is not a member of the
police and firemen's disability and pension fund.
(NN) "Ohio veterans' home police officer" means any
person who is employed at
the Ohio veterans' home as a police officer pursuant to section 5907.02 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health
institution" means any
person who is designated as such pursuant to section 5119.14 of the Revised
Code and is in compliance with section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person who is designated as such pursuant
to section 5123.13 of the Revised Code and is in compliance with section
109.77 of the Revised Code.
(QQ) "State university law enforcement officer" means any
person who is
employed full-time as a state university law enforcement officer pursuant to
section 3345.04 of the Revised Code and who is in compliance with section
109.77 of the Revised Code.
(RR) "Hamilton county municipal court bailiff" means a
person appointed by
the clerk of courts of the Hamilton county municipal court under division
(A)(3) of section 1901.32 of the Revised Code who is employed full-time as a
bailiff or deputy bailiff, who has received a certificate attesting to the
person's satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, and whose
primary duties are to preserve the peace, to protect life and property, and to
enforce the laws of this state.
(SS) Notwithstanding section 2901.01 of the Revised Code,
"law enforcement
officer" means a sheriff, deputy sheriff, township constable or police officer
in a township police department or district, drug agent, liquor control
investigator DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT AGENT, natural
resources law enforcement staff officer,
park officer, forest officer, preserve officer,
wildlife officer, state watercraft
officer, park district police officer, conservancy district officer, Ohio
veterans' home police officer, special police officer for a mental health
institution, special police officer for an institution for the mentally
retarded and developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal police officer.
(TT) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with respect to the
management of the system or with respect to the management or disposition of
its assets;
(2) Renders investment advice for a fee, direct or indirect, with respect to
money or property of the system;
(3) Has any discretionary authority or responsibility in the administration
of the system.
(UU) "Actuary" means an individual who satisfies all of
the following
requirements:
(1) Is a member of the American academy of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing actuarial services
to public retirement plans.
Sec. 145.33. (A) Except as provided in division (B) of
this section, a member with at least five years of total service
credit who has attained age sixty, or who has thirty
years of total Ohio service credit, may apply for age and service
retirement, which shall consist of:
(1) An annuity having a reserve equal to the amount of the
member's accumulated contributions at that time;
(2) A pension equal to the annuity provided by division
(A)(1) of this section;
(3) An additional pension, if the member can qualify for
prior service, equal to forty dollars multiplied by the number of
years, and fraction thereof, of such prior and military service
credit;
(4) A basic annual pension equal to one hundred eighty
dollars if the member has ten or more years of total service
credit as of October 1, 1956, except that the basic annual
pension shall not exceed the sum of the annual benefits provided
by divisions (A)(1), (2), and (3) of this section. The cost of
the basic annual pension shall be included in the deficiency
contribution provided by sections 145.48 and 145.50 of the
Revised Code.
(5) When a member retires on age and service retirement,
the member's total annual single lifetime allowance,
including the
allowances provided in divisions (A)(1), (2), (3), and (4) of
this section, shall be not less than a base amount adjusted in
accordance with division (A)(5) of this section
and determined by multiplying the
member's total service credit by the greater of the following:
(a) Eighty-six dollars;
(b) Two and one-tenth per cent of the member's final
average salary
for each of the first thirty years of service plus two and
one-half per cent of the member's final average salary for
each subsequent year of service.
The allowance shall be adjusted by the factors of attained
age or years of service to provide the greater amount as
determined by the following schedule:
| Years of | Percentage |
Attained
or | Total Service | of |
Birthday | Credit | Base Amount |
58 | 25 | 75 |
59 | 26 | 80 |
60 | 27 | 85 |
61 | | 88 |
| 28 | 90 |
62 | | 91 |
63 | | 94 |
| 29 | 95 |
64 | | 97 |
65 | 30 or more | 100 |
Members shall vest the right to a benefit in accordance
with the following schedule, based on the member's attained age
by September 1, 1976:
| Percentage |
Attained | of |
Birthday | Base Amount |
66 | 102 |
67 | 104 |
68 | 106 |
69 | 108 |
70 or more | 110 |
(6) The total annual single lifetime allowance that a
member shall receive under division (A)(5) of this section shall
not exceed the lesser of one hundred per cent of the
member's final average salary or the limit established by section 415 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as amended.
(B)(1) A member who has at least twenty-five years of
total service credit, including credit for military service under
division (C)(2) of this section, while serving as a
law enforcement officer and who has
attained age fifty-two may apply for an age and service retirement
benefit, which shall
consist of an annual single lifetime allowance equal to the sum
of two and one-half per cent of the member's final average salary
multiplied by the first twenty years of the member's total
service plus two and one-tenth per cent of the member's
final average salary multiplied by the number of years of the
member's total service credit in excess of
twenty years, except that no allowance shall exceed the lesser of
ninety per cent of the member's final average salary or the
limit established by section 415 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.
(2) A member who has at least fifteen years of total
service credit, including credit for military service under
division (C)(2) of this section, while serving as a
law enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall
consist of an annual single lifetime allowance computed as
provided in division (B)(1) of this section. The benefit shall
not exceed the limit established by section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as
amended.
(3) A member with at least fifteen years of total service
credit, including credit for military service under division
(C)(2) of this section, while serving as a law enforcement
officer who voluntarily resigns or is discharged for any
reason except death, dishonesty, cowardice,
intemperate habits, or conviction of a felony may apply for an
age and service retirement benefit, which shall consist of an
annual single lifetime allowance equal to one and one-half per
cent of the member's final average salary multiplied by the
number of years of the member's total service credit. The
benefit shall not exceed
the limit established by section 415 of the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. The
allowance shall commence on the first day of the calendar month
following the month in which the application is filed with the
public employees retirement board on or after the attainment by
the applicant of age fifty-two.
(4) A member who has at least twenty-five years of total
service credit, including credit for military service under
division (C)(2) of this section, while serving as a law
enforcement officer who voluntarily resigns or is discharged for any reason
except death, dishonesty,
cowardice, intemperate habits, or conviction of a felony, on
or after the date of attaining forty-eight years of
age, but before the date of attaining fifty-two years
of age, may elect to receive a reduced benefit as determined by the following
schedule:
Attained Age | Reduced Benefit |
48 | 75% of the benefit payable under |
| division (B)(1) of this section |
49 | 80% of the benefit payable under |
| division (B)(1) of this section |
50 | 86% of the benefit payable under |
| division (B)(1) of this section |
51 | 93% of the benefit payable under |
| division (B)(1) of this section |
A member who has at least twenty-five years of law
enforcement service credit, upon attaining forty-eight, forty-nine, fifty, or
fifty-one years of age, may elect to retire and
receive a reduced benefit determined by the above schedule.
If a member elects to receive a reduced benefit on or after
the date of attaining forty-eight years of age, but
before the date of attaining forty-nine years of age,
the reduced benefit is payable from the date the member attained forty-eight
years of age or from the date the member becomes eligible to receive the
reduced benefit, whichever is later. If a member elects to receive a reduced
benefit on or after the date of attaining forty-nine
years of age, but before
the date of attaining fifty years of age, the reduced
benefit is payable from the date the member attained forty-nine years of
age or from the date the member becomes eligible to receive the reduced
benefit, whichever is later. If a member elects to receive a
reduced benefit on or after the date of attaining fifty
years of age, but before the date of attaining fifty-one
years of age, the reduced benefit is payable from the date the member attained
fifty years of age or from the date the member becomes eligible to
receive the reduced benefit, whichever is later. If a member elects to
receive a reduced benefit on or after the date
of attaining fifty-one years of age, but before the date
of attaining fifty-two
years of age, the reduced benefit is payable from the date the
member attained fifty-one years of age or from the date the
member becomes eligible to receive the reduced benefit, whichever is
later.
Once a member elects to receive a reduced benefit
determined by the above schedule and has received a payment, the
member may not reelect to change that election.
If a member who has resigned or been discharged has left on
deposit the member's accumulated contributions in the employees' savings
fund and has not elected to receive a reduced benefit determined
by the above schedule, upon
attaining fifty-two years of age, the member shall be entitled to receive a
benefit computed and paid under division (B)(1) of this section.
(C)(1) A member with service credit as a law enforcement
officer and other service credit under this chapter
may elect one
of the following:
(a) To have all the member's service credit under this
chapter,
including credit for service as a law enforcement officer, used
in calculating a retirement allowance under division (A) of this
section if the member qualifies for an allowance under that
division;
(b) If the member qualifies for an allowance under division
(B) of this section, to have the member's service credit as a law enforcement
officer used in calculating a benefit under that division and
the member's credit for all service other than law enforcement
service under this chapter used in calculating a benefit
consisting of a single life annuity having a reserve equal to the
amount of the member's accumulated contributions and an
equal amount of the employer's contributions.
(2) Notwithstanding sections 145.01 and 145.30 of the
Revised Code, no more than four years of military service credit
granted under section 145.30 of the Revised Code and five years
of military service credit purchased under section 145.301 or 145.302 of the
Revised Code shall be used in calculating service as a law
enforcement officer or the total service credit of that person.
(3) Only credit for the member's service as a law enforcement
officer or service credit obtained as a police officer or state
highway patrol trooper shall be used in computing the benefits
under division (B) of this section for the following:
(a) Any person who originally is commissioned and employed
as a deputy sheriff by the sheriff of any county, or who originally is elected
sheriff, on or after January 1, 1975;
(b) Any deputy sheriff who originally is employed as a criminal bailiff
or court constable on or after April 16, 1993;
(c) Any person who originally is appointed as a township
constable or police officer in a township police department or
district on or after January 1, 1981;
(d) Any person who originally is employed as a county
narcotics agent on or after September 26, 1984;
(e) Any person who originally is employed as an undercover
drug agent as defined in section 109.79 of the Revised Code,
DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT AGENT WHO PRIOR TO THE EFFECTIVE
DATE OF THIS AMENDMENT WAS A liquor control investigator, park officer,
forest officer, wildlife officer,
state watercraft officer, park district police
officer, conservancy district officer, Ohio veterans' home
police officer, special police officer for a mental health institution,
special police officer for an institution for the
mentally retarded
and developmentally disabled, or municipal police officer on or
after December 15, 1988;
(f) Any person who originally is employed as a state
university
law enforcement officer on or after
November 6, 1996;
(g) Any person who originally is employed as a Hamilton
county municipal court bailiff on or after
November 6, 1996;
(h) Any person who is originally employed as a state university law
enforcement officer by the university of Akron on or after September
16, 1998;
(i) Any person who originally is employed as a preserve officer
on or after the effective date of this amendment MARCH
18, 1999;
(j) Any person who originally is employed as a natural resources
law enforcement staff officer on or after the effective date of this
amendment MARCH 18, 1999;
(k) ANY PERSON WHO IS ORIGINALLY EMPLOYED AS A DEPARTMENT OF
PUBLIC SAFETY ENFORCEMENT AGENT ON OR AFTER THE EFFECTIVE DATE OF THIS
AMENDMENT.
(D) Retirement allowances determined under this section
shall be paid as provided in section 145.46 of the Revised Code.
(E) FOR THE PURPOSES OF THIS SECTION, SERVICE PRIOR TO THE
EFFECTIVE DATE OF THIS AMENDMENT AS A FOOD STAMP TRAFFICKING AGENT UNDER
FORMER SECTION 5502.14 of the Revised Code SHALL BE CONSIDERED SERVICE AS A LAW ENFORCEMENT
OFFICER.
Sec. 306.42. (A) The secretary-treasurer of the regional transit
authority shall
be the fiscal officer of the regional transit authority and the custodian of
its funds and records and shall assist the board of directors in such
particulars as it directs in the performance of its duties.
(B) Before receiving any moneys, the secretary-treasurer shall
furnish bond in
such amount as is determined by the board of trustees of the regional transit
authority with surety satisfactory to it. EXCEPT AS PROVIDED IN
DIVISION (C) OF THIS SECTION, and all funds coming into
the hands
of the secretary-treasurer shall be deposited by him THE
SECRETARY-TREASURER to the account of the
regional transit authority in one or more such depositories as are qualified
to receive deposits of county funds, which deposits shall be secured in the
same manner as county funds are required to be secured. No disbursements
shall be made from such funds except in accordance with rules and regulations
adopted by the board of trustees of the regional transit authority.
(C) FUNDS RECEIVED BY THE SECRETARY-TREASURER PURSUANT TO AN
AGREEMENT UNDER
DIVISION (AA) OF SECTION 306.35 OF THE REVISED CODE
SHALL BE DEPOSITED TO AN
ACCOUNT OF THE REGIONAL TRANSIT AUTHORITY AS DESIGNATED IN THE AGREEMENT AND
SHALL BE
INVESTED AS PROVIDED IN THE AGREEMENT. SUCH FUNDS ARE NOT SUBJECT TO
CHAPTER 135. OF THE REVISED CODE.
Sec. 306.52. (A) A regional transit authority created under
sections 306.30 to
306.53, inclusive, of the Revised Code, shall be exempt from and shall
not be
required to pay any taxes on property, both real and personal, belonging to
any such authority, which is used exclusively for any public purpose;
provided. HOWEVER, EXCEPT AS PROVIDED IN DIVISION (B)
OF THIS SECTION, such exemption shall not apply to any property belonging
to any
authority while a private enterprise is a lessee of such property under
written lease providing for tenancy for longer than one year.
(B) THE PROPERTY TAX EXEMPTION UNDER THIS SECTION APPLIES TO A
TRANSIT FACILITY
THAT IS THE SUBJECT OF AN AGREEMENT UNDER DIVISION (AA) OF SECTION
306.35 OF THE
REVISED CODE, SO LONG AS THE TRANSIT FACILITY IS USED BY THE
REGIONAL TRANSIT AUTHORITY EXCLUSIVELY FOR A PUBLIC PURPOSE.
Sec. 319.54. (A) On all moneys collected by the county
treasurer on any tax duplicate of the county, other than estate
tax duplicates, and on all moneys received as advance payments of
personal property and classified property taxes, the county
auditor, on settlement with the treasurer and tax commissioner,
on or before the date prescribed by law for such settlement or
any lawful extension of such date, shall be allowed as
compensation for the county auditor's services the following
percentages:
(1) On the first one hundred thousand dollars, two and
one-half per cent;
(2) On the next two million dollars, eight thousand three
hundred eighteen ten-thousandths of one per cent;
(3) On the next two million dollars, six thousand six
hundred fifty-five ten-thousandths of one per cent;
(4) On all further sums, one thousand six hundred
sixty-three ten-thousandths of one per cent.
If any settlement is not made on or before the date
prescribed by law for such settlement or any lawful extension of
such date, the aggregate compensation allowed to the auditor
shall be reduced one per cent for each day such settlement is
delayed after the prescribed date. No penalty shall apply if the
auditor and treasurer grant all requests for advances up to
ninety per cent of the settlement pursuant to section 321.34 of
the Revised Code. The compensation allowed in accordance with
this section on settlements made before the dates prescribed by
law, or the reduced compensation allowed in accordance with this
section on settlements made after the date prescribed by law or
any lawful extension of such date, shall be apportioned ratably
by the auditor and deducted from the shares or portions of the
revenue payable to the state as well as to the county, townships,
municipal corporations, and school districts.
(B) From all moneys collected by the county treasurer on
any tax duplicate of the county, other than estate tax
duplicates, and on all moneys received as advance payments of
personal property and classified property taxes, there shall be
paid into the county treasury to the credit of the real estate
assessment fund created by section 325.31 of the Revised Code, an
amount to be determined by the county auditor, which shall not
exceed the following percentages:
(1) On the first one hundred thousand dollars, three and
one-half per cent;
(2) On the next three million dollars, one and
three-eighths per cent;
(3) On the next three million dollars, one per cent;
(4) On all further sums not exceeding one hundred fifty
million dollars, three-quarters of one per cent;
(5) On amounts exceeding one hundred fifty million
dollars, six-tenths of one per cent.
Such compensation shall be apportioned ratably by the
auditor and deducted from the shares or portions of the revenue
payable to the state as well as to the county, townships,
municipal corporations, and school districts.
(C) Each county auditor shall receive four per cent of the
amount of tax collected and paid into the county treasury, on
property omitted and placed by the county auditor on the tax
duplicate.
(D) On all estate tax moneys collected by the county
treasurer, the county auditor, on settlement semiannually with
the tax commissioner, shall be allowed, as compensation for the
auditor's
services under Chapter 5731. of the Revised Code, the following
percentages:
(1) Four per cent on the first one hundred thousand
dollars;
(2) One-half of one per cent on all additional sums.
Such percentages shall be computed upon the amount
collected and reported at each semiannual settlement, and shall
be for the use of the general fund of the county.
(E) On all cigarette license moneys collected by the
county treasurer, the county auditor, on settlement semiannually
with the treasurer, shall be allowed as compensation for the
auditor's
services in the issuing of such licenses one-half of one per cent
of such moneys, to be apportioned ratably and deducted from the
shares of the revenue payable to the county and subdivisions, for
the use of the general fund of the county.
(F) The county auditor shall charge and receive fees as
follows:
(1) For deeds of land sold for taxes to be paid by the
purchaser, five dollars;
(2) For the transfer or entry of land, lot, or part of
lot, to be paid by the person requiring it, fifty cents for each
transfer;
(3) For receiving statements of value and administering
section 319.202 of the Revised Code, one dollar, or ten cents per
hundred dollars for each one hundred dollars, or fraction of one
hundred dollars, whichever is greater, of the value of
the real property transferred or, FOR SALES OCCURRING ON OR AFTER
JANUARY 1, 2000, THE VALUE OF the used manufactured home
or
used
mobile home, as defined in division (B)(5)(A)(6) of section
5739.0210 of
the Revised Code, transferred, except no fee shall
be charged when the
transfer is made:
(a) To or from the United States, this state, or any
instrumentality, agency, or political subdivision of the United
States or this state;
(b) Solely in order to provide or release security for a
debt or obligation;
(c) To confirm or correct a deed previously executed and
recorded;
(d) To evidence a gift, in trust or otherwise and whether
revocable or irrevocable, between husband and wife, or parent and
child or the spouse of either;
(e) On sale for delinquent taxes or assessments;
(f) Pursuant to court order, to the extent that such
transfer is not the result of a sale effected or completed
pursuant to such order;
(g) Pursuant to a reorganization of corporations or
unincorporated associations or pursuant to the dissolution of a
corporation, to the extent that the corporation conveys the
property to a stockholder as a distribution in kind of the
corporation's assets in exchange for the stockholder's shares in
the dissolved corporation;
(h) By a subsidiary corporation to its parent corporation
for no consideration, nominal consideration, or in sole
consideration of the cancellation or surrender of the
subsidiary's stock;
(i) By lease, whether or not it extends to mineral or
mineral rights, unless the lease is for a term of years renewable
forever;
(j) When the value of the real property or the manufactured or mobile
home or the value of the interest that
is conveyed does not exceed one hundred dollars;
(k) Of an occupied residential property, including a manufactured
or mobile home, being transferred to the builder of a new residence
or to the dealer of a new manufactured or mobile home when the former
residence is traded as part of the consideration for the new residence or
new manufactured or mobile home;
(l) To a grantee other than a dealer in real property or in manufactured
or mobile homes, solely for the purpose of, and as a step in, the prompt
sale of the real property or manufactured or mobile home to others;
(m) To or from a person when no money or other valuable
and tangible consideration readily convertible into money is paid
or to be paid for the real estate or manufactured or mobile home and
the transaction is not a
gift;
(n) Pursuant to division (B) of section 317.22 OF THE REVISED
CODE, or to
section 2113.61 of the Revised Code, between spouses or to a
surviving spouse pursuant to section 5302.17 of the Revised Code
as it existed prior to April 4, 1985, between persons pursuant to
section 5302.17 or 5302.18 of the Revised Code on or after April
4, 1985, to a person who is a surviving, survivorship tenant
pursuant to section 5302.17 of the Revised Code on or after April
4, 1985, or pursuant to section 5309.45 of the Revised Code;
(o) To a trustee acting on behalf of minor children of the
deceased;
(p) Of an easement or right-of-way when the value of the
interest conveyed does not exceed one thousand dollars;
(q) Of property sold to a surviving spouse pursuant to
section 2106.16 of the Revised Code;
(r) To or from an organization exempt from federal income
taxation under section 501(c)(3) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such
transfer is without consideration and is in furtherance of the
charitable or public purposes of such organization;
(s) Among the heirs at law or devisees, including a
surviving spouse, of a common decedent, when no consideration in
money is paid or to be paid for the real property or manufactured or mobile
home;
(t) To a trustee of a trust, when the grantor of the trust
has reserved an unlimited power to revoke the trust;
(u) To the grantor of a trust by a trustee of the trust,
when the transfer is made to the grantor pursuant to the exercise
of the grantor's power to revoke the trust or to withdraw trust assets;
(v) To the beneficiaries of a trust if the fee was paid on
the transfer from the grantor of the trust to the trustee or if the
transfer is made pursuant to trust provisions which became irrevocable at the
death of the grantor;
(w) To a corporation for incorporation into a sports
facility constructed pursuant to section 307.696 of the Revised
Code.
The auditor shall compute and collect the fee. The auditor
shall maintain a numbered receipt system, as prescribed by the
tax commissioner, and use such receipt system to provide a
receipt to each person paying a fee. The auditor shall deposit
the receipts of the fees on conveyances in the county treasury
daily to the credit of the general fund of the county.
The real property transfer fee provided for in division (F)(3) of this section
shall be applicable to any conveyance of real
property presented to the auditor on or after January 1, 1968,
regardless of its time of execution or delivery.
Sec. 742.63. The board of trustees of the police and
firemen's disability and pension fund shall
adopt rules for the
management of the firemen and
policemen's death benefit fund and
for disbursements of benefits as set forth in this section.
(A) As used in this section:
(1) "Member" means a member of the police and firemen's
disability and pension fund or the state highway patrol
retirement system, or a member of the public employees retirement
system who at the time of the member's death was a county sheriff
or deputy sheriff, a full-time regular police officer in a municipal
corporation or township, a full-time regular firefighter
employed by
the state, an instrumentality of the state, a municipal
corporation, a township, a joint fire district, or another political
subdivision, a full-time park district ranger or patrol trooper,
a full-time law enforcement officer of the department of natural
resources, a full-time liquor control investigator of the
department of public safety ENFORCEMENT AGENT, a full-time law
enforcement
officer
of parks, waterway lands, or reservoir lands under the control of
a municipal corporation, a full-time law enforcement officer of a
conservancy district, a correction officer at an institution
under the control of a county, a group of counties, a municipal
corporation, or the department of rehabilitation and correction,
a state university law enforcement officer, or a member of a
retirement system operated by a municipal corporation who at the
time of death was a full-time law enforcement officer of
parks, waterway lands, or reservoir lands under the control of
the municipal corporation.
(2) Notwithstanding section 742.01 of the Revised Code,
"fire or police department" includes a fire department of the
state or an instrumentality of the state or of a municipal
corporation, township, joint fire district, or other political
subdivision, the state highway patrol, a county sheriff's office,
the security force of an institution under the control of the
department of rehabilitation and correction, the security force
of a jail or workhouse under the control of a county, group of
counties, or municipal corporation, the security force of a
metropolitan, county, or township park district, the security
force of lands under the control of the department of natural
resources, the security force of liquor control investigators of the
department of public safety ENFORCEMENT AGENTS, the security force of
parks,
waterway lands, or reservoir lands under the control of a
municipal corporation, the security force of a conservancy
district, the police department of a township or municipal
corporation, and the police force of a state university.
(3) "Firefighter or police
officer" includes a state highway patrol
trooper, a county sheriff or deputy sheriff, a correction officer
at an institution under the control of a county, a group of
counties, a municipal corporation, or the department of
rehabilitation and correction, a police officer
employed by a township
or municipal corporation, a firefighter employed by the
state, an
instrumentality of the state, a municipal corporation, a township,
a joint fire district, or another political subdivision, a full-time
park district ranger or patrol trooper, a full-time
law enforcement
officer of the department of natural resources, a full-time
liquor control investigator of the department of public safety
ENFORCEMENT AGENT, a
full-time law enforcement officer of parks, waterway lands, or
reservoir lands under the control of a municipal corporation, a
full-time law enforcement officer of a conservancy district, and
a state university law enforcement officer.
(4) "Correction officer" includes, in addition to any
correction officer, any correction corporal, sergeant,
lieutenant, or captain, and the equivalents of all such persons.
(5) "A park district ranger or patrol trooper" means
a peace
officer commissioned to make arrests, execute warrants, and
preserve the peace upon lands under the control of a board of
park commissioners of a metropolitan, county, or township park
district.
(6) "Metropolitan, county, or township park district"
means a park district created under the authority of Chapter 511.
or 1545. of the Revised Code.
(7) "Conservancy district" means a conservancy district
created under the authority of Chapter 6101. of the Revised Code.
(8) "Law enforcement officer" means an officer
commissioned to make arrests, execute warrants, and preserve the
peace upon lands under the control of the governmental entity
granting the commission.
(9) "Department of natural resources law enforcement
officer" includes a forest officer designated pursuant to section
1503.29 of the Revised Code, a preserve officer designated
pursuant to section 1517.10 of the Revised Code, a wildlife officer
designated pursuant to section 1531.13 of the Revised Code, a
park officer designated pursuant to section 1541.10 of the
Revised Code, and a state watercraft officer designated pursuant
to section 1547.521 of the Revised Code.
(10) "Retirement eligibility date" means the last day of
the month in which a deceased member would have first become
eligible, had the member lived, for the retirement pension provided under
section 145.33, division (C)(1) of section 742.37, or division
(A)(1) of section 5505.17 of the Revised Code or provided by a
retirement system operated by a municipal corporation.
(11) "Death benefit amount" means an amount equal to the full
monthly salary received by a deceased member prior to death, minus an amount
equal to the benefit received under section 145.45, 742.37, 742.3714, or
5505.17 of the Revised Code or the benefit received from a retirement system operated by a
municipal corporation, plus any increases in salary that would have been
granted the deceased member.
(12) "Killed in the line of duty" means either of the following:
(a) Death in the line of duty;
(b) Death from injury sustained in the line
of duty, including heart attack or other fatal injury or illness caused while
in the line of duty.
(B) A spouse of a deceased member shall receive a death
benefit each month equal to the full death benefit amount, provided that
the deceased member was a firefighter or police officer
killed in the line of duty and there are no surviving
children eligible for a benefit under this section. The spouse shall
receive this benefit during the spouse's
natural life until the earlier of the deceased member's
retirement eligibility date or the spouse's remarriage, on which
date the benefit provided under this division shall terminate.
(C)(1) If a member killed in the line of duty as a
firefighter or police
officer is
survived only by a child or children, the child or children
shall receive a benefit each month equal to the full death benefit
amount. If there is more than one surviving
child, the
benefit shall be divided equally among these children.
(2) If the death benefit paid under this division is divided among two or
more surviving children and any of the children become ineligible to continue
receiving a portion of the benefit as provided in division (H) of
this section, the full death benefit amount shall be paid to the remaining
eligible child or divided among the eligible children so that the benefit paid
to the remaining eligible child or children equals the full death benefit
amount.
(3) Notwithstanding divisions (C)(1)
and (2) of this section, all
death benefits paid under this division shall terminate on the
deceased member's retirement eligibility date.
(D) If a member killed in the line of duty as a
firefighter or police officer is survived by both a spouse and a
child or children, the monthly benefit provided shall be as
follows:
(1)(a) If there is a surviving spouse and one surviving
child, the spouse shall receive an amount
each month equal to one-half of
the full death benefit amount and the
child shall receive an amount equal to one-half of the
full death benefit amount.
(b) If the surviving spouse becomes ineligible to continue
receiving a death benefit due to remarriage or death, or the child becomes
ineligible as provided in division (H) of this section, the surviving
spouse or child remaining eligible shall receive the full death benefit
amount.
(2)(a) If there is a surviving spouse and more than one
child, the spouse shall receive an amount
each month equal to one-third of
the full death benefit amount and the
children shall receive an amount, equally divided among them,
equal to two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving a
death benefit under division (D)(2)(a) of this
section and the spouse becomes ineligible to receive a benefit due to
remarriage or death, the children shall receive an amount each month, equally
divided among them, equal to the full death benefit amount.
(c) If a spouse and more than one child each are receiving a
benefit under division (D)(2)(a) of this section and
any of the children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible child
or children shall receive a death benefit as follows:
(i) If there are two or more remaining eligible children, the
spouse shall receive an amount each month equal to one-third of the full death
benefit amount and the children shall receive an amount each month, equally
divided among them, equal to two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse shall
receive an amount each month equal to one-half of the full death benefit
amount, and the child shall receive an amount each month equal to one-half of
the full death benefit amount.
(d) If a spouse and more than one child each are receiving a
benefit under division (D)(2)(a) of this section and
all of the children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full death
benefit amount.
(3) Notwithstanding divisions (D)(1) and (2) of this
section, death benefits paid under this division to a surviving
spouse shall terminate on the earlier of the member's
retirement
eligibility date or the spouse's remarriage. Death benefits paid
to a surviving child or children shall terminate on the deceased
member's retirement eligibility date unless earlier terminated
pursuant to division (H) of this section.
(E) If a member, on or after January 1, 1980, is
killed in the
line of duty as a firefighter or police officer and is survived by
only a parent or parents
dependent upon the member for support, the
parent or parents shall
receive an amount each month equal to the full
death benefit amount. If there
is more than one surviving parent dependent upon the deceased
member for support, the death benefit amount shall
be divided equally among the surviving parents. On the death of one of the
surviving parents, the full death benefit amount shall be paid to the other
parent.
(F) A surviving spouse whose benefits are terminated in
accordance with division (B) or (D)(3) of this section on the
deceased member's retirement eligibility date, or who would
qualify for a benefit under division (B) or (D) of this section
except that the deceased member reached the member's retirement
eligibility date prior to the member's death, shall receive a
monthly
death benefit under this division. The monthly death benefit
shall be one-half of an amount equal to the monthly salary
received by the deceased member prior to the member's death, plus
any salary increases the deceased member would
have received prior to
the member's
retirement eligibility date. The benefit shall terminate on the
surviving spouse's remarriage or death. A death benefit payable
under
this division shall be reduced by an amount equal to any
allowance or benefit payable to the surviving spouse under
section 742.3714 of the Revised Code.
(G)(1) If there is not
a surviving spouse
eligible to receive a death benefit under division (F) of this
section or the surviving spouse
receiving a death benefit under that division becomes
ineligible to receive the benefit due to remarriage or death, a surviving
child or children whose benefits under division (C) or (D) of this section
are or have been terminated pursuant to division
(C)(3) or (D)(3) of this
section or who would qualify for a benefit under division (C) or
(D) of this section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall receive a
monthly death benefit under this division. The monthly death
benefit shall be one-half of an amount equal to the monthly
salary received by the deceased member prior to the member's death,
plus any salary increases the member would have
received prior to
the member's retirement eligibility date. If there is more than one surviving
child, the benefit shall be divided equally among the surviving
children.
(2) If two or more surviving children each are receiving a
benefit under this division and any of those children becomes ineligible to
continue receiving a benefit as provided in division (H) of this
section, the remaining eligible child or children shall receive an amount
equal to one-half of the monthly salary received by the deceased member prior
to death, plus any salary increases the deceased member would have received
prior to the retirement eligibility date. If there is more than one remaining
eligible child, the benefit shall be divided equally among the eligible
children.
(3) A death benefit, or portion of a death benefit, payable to
a surviving child under this division shall be reduced by an
amount equal to any allowance or benefit payable to that child
under section 742.3714 of the Revised Code, but the reduction in
that child's benefit shall not affect the amount payable to any
other surviving child entitled to a portion of the death benefit.
(H) A death benefit
paid to a surviving child under division (C), (D), or
(G) of this section shall terminate on the death of the child or,
unless one of the following is the case, when the child reaches age eighteen:
(1) The child, because of physical or mental disability, is unable to
provide the child's own support, in which case the death benefit shall
terminate when the
disability is removed;
(2) The child is unmarried, under age twenty-two, and a student in and
attending an institution of learning or training pursuant to a program
designed to complete in each school year the equivalent of at least two-thirds
of the full-time curriculum requirements of the institution, as determined by
the trustees of the fund.
(I) Acceptance of any death benefit under this section
does not prohibit a spouse or child from receiving other benefits
provided under the police and firemen's disability and pension
fund, the state highway patrol retirement system, the public
employees retirement system, or a retirement system operated by a
municipal corporation.
(J) No person shall receive a benefit under this section
if any of the following occur:
(1) The person fails to exercise the right to a monthly
survivor benefit under division (A) or (B) of section 145.45,
division (D), (E), or (F) of section 742.37, or division (A)(3),
(4), or (7) of section 5505.17 of the Revised Code; to a monthly
survivor benefit from a retirement system operated by a municipal
corporation; or to a retirement allowance under section 742.3714
of the Revised Code.
(2) The member's accumulated contributions under this chapter or Chapter
145. or 5505. of the Revised Code are refunded unless the
member had been a member of the public employees retirement
system and had fewer than eighteen months of total service credit
at the time of death.
(3) In the case of a full-time park district ranger or
patrol trooper, a full-time law enforcement officer of
the department
of natural resources, a full-time law enforcement officer of
parks, waterway lands, or reservoir lands under the control of a
municipal corporation, a full-time law enforcement officer of a
conservancy district, a correction officer at an institution
under the control of a county, group of counties, or municipal
corporation, or a member of a retirement system operated by a
municipal corporation who at the time of the member's death
was a
full-time law enforcement officer of parks, waterway lands, or
reservoir lands under the control of the municipal corporation,
the member died prior to April 9, 1981, in the case of a benefit
under division (B), (C), or (D) of this section, or prior to
January 1, 1980, in the case of a benefit under division (E) of
this section.
(4) In the case of a full-time DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT
AGENT WHO PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT WAS A liquor
control investigator
of the department of public safety, the member died prior to December 23,
1986;
(5) IN THE CASE OF A FULL-TIME DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT
AGENT OTHER THAN AN ENFORCEMENT AGENT WHO, PRIOR TO THE EFFECTIVE DATE OF THIS
AMENDMENT, WAS A LIQUOR CONTROL INVESTIGATOR, THE MEMBER DIED PRIOR TO THE
EFFECTIVE DATE OF THIS AMENDMENT.
Sec. 2925.44. (A) If property is seized pursuant to
section 2925.42 or 2925.43 of the Revised Code, it is deemed to
be in the custody of the head of the law enforcement agency that
seized it, and the head of that agency may do any of the
following with respect to
that property prior to its disposition in accordance with
division (A)(4) or (B) of this section:
(1) Place the property under seal;
(2) Remove the property to a place that the head of that
agency designates;
(3) Request the issuance of a court order that requires
any other appropriate municipal corporation, county, township,
park district created pursuant to section 511.18 or 1545.01
of the Revised Code, or state law enforcement officer or other
officer to take custody of the property and, if practicable,
remove it to an appropriate location for eventual disposition in
accordance with division (B) of this section;
(4)(a) Seek forfeiture of the property pursuant to federal
law. If the head of that agency seeks its forfeiture pursuant to federal law,
the law
enforcement agency shall deposit, use, and account for proceeds from a sale of
the property upon its forfeiture, proceeds from another disposition of the
property upon its
forfeiture, or forfeited moneys it receives, in accordance
with the applicable federal law and otherwise shall comply with
that law.
(b) If the state highway patrol seized the property and if the superintendent
of the state highway patrol seeks its forfeiture pursuant to federal law, the
appropriate governmental officials shall deposit into the state highway
patrol contraband, forfeiture, and other fund all interest or other earnings
derived from the investment of the proceeds from a sale of the property upon
its forfeiture, the proceeds from another disposition of the property upon its
forfeiture, or the forfeited moneys. The state highway patrol shall use and
account for that interest or other earnings in accordance with the applicable
federal law.
(c) If the liquor enforcement INVESTIGATIVE unit of the
department of public
safety seized the property and if the director of public safety
seeks its forfeiture pursuant to federal law, the appropriate
governmental officials shall deposit into the liquor enforcement
DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT
contraband, forfeiture, and other fund all interest or other
earnings derived from the investment of the proceeds from a sale
of the property upon its forfeiture, the proceeds from another
disposition of the property upon its forfeiture, or the
forfeited moneys. The department shall use and account for that
interest or other earnings in accordance with the applicable
federal law.
(d) If the food stamp fraud unit of
the department of public safety seized the property and if the
director of public safety seeks its forfeiture pursuant to
federal law, the appropriate governmental officials shall
deposit into the food stamp contraband, forfeiture, and other
fund all interest or other earnings derived from the investment
of the proceeds from a sale of the property upon its forfeiture,
the proceeds from another disposition of the property upon its
forfeiture, or the forfeited moneys. The department shall use
and account for that interest or other earnings in accordance
with the applicable federal law.
(e) Division (B) of this section and divisions (D)(1) to
(3) of section 2933.43 of the Revised Code do not apply to proceeds or
forfeited moneys received pursuant to federal law or to the interest or other
earnings that are derived from the investment of proceeds or forfeited moneys
received pursuant to federal law and that are described in division (A)(4)(b)
of this section.
(B) In addition to complying with any requirements imposed
by a court pursuant to section 2925.42 or 2925.43 of the Revised
Code, and the requirements imposed by those sections, in relation
to the disposition of property forfeited to the state under
either of those sections, the prosecuting attorney who is
responsible for its disposition shall dispose of the property as
follows:
(1) Any vehicle, as defined in section 4501.01 of the
Revised Code, that was used in a felony drug abuse offense or in
an act that, if committed by an adult, would be a felony drug
abuse offense shall be given to the law enforcement agency of the
municipal corporation or county in which the offense occurred if
that agency desires to have the vehicle, except that, if the
offense occurred in a township or in a park district created
pursuant to section 511.18 or 1545.01 of the Revised Code and a
law enforcement officer employed by the township or the park district was
involved in
the seizure of the vehicle, the vehicle may be given to the law
enforcement agency of that township or park district if that
agency desires to have the vehicle, and except that, if the state
highway patrol made the seizure of the vehicle, the vehicle may
be given to the state highway patrol if it desires to have the
vehicle.
(2) Any drug paraphernalia that was used, possessed, sold,
or manufactured in a violation of section 2925.14 of the Revised
Code that would be a felony drug abuse offense or in a violation
of that section committed by a juvenile that, if committed by an
adult, would be a felony drug abuse offense, may be given to the
law enforcement agency of the municipal corporation or county in
which the offense occurred if that agency desires to have and can
use the drug paraphernalia, except that, if the offense occurred
in a township or in a park district created pursuant to section
511.18 or 1545.01 of the Revised Code and a law enforcement
officer employed by the township or the park district was involved in the
seizure of the
drug paraphernalia, the drug paraphernalia may be given to the
law enforcement agency of that township or park district if that
agency desires to have and can use the drug paraphernalia. If
the drug paraphernalia is not so given, it shall be disposed of
by sale pursuant to division (B)(8) of this section or disposed
of in another manner that the court that issued the order of
forfeiture considers proper under the circumstances.
(3) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for medical
or scientific purposes under applicable federal law.
(4) Firearms and dangerous ordnance suitable for police
work may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use, or as museum pieces or
collectors' items, may be disposed of by sale pursuant to
division (B)(8) of this section. Other firearms and dangerous
ordnance shall be destroyed by a law enforcement agency or shall
be sent to the bureau of criminal identification and
investigation for destruction by it. As used in this division,
"firearms" and "dangerous ordnance" have the same meanings as in
section 2923.11 of the Revised Code.
(5) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of by sale pursuant to division (B)(8) of this section
or disposed of in another manner that the court that issued the
order of forfeiture considers proper under the circumstances. As
used in this division, "computers," "computer networks,"
"computer systems," and "computer software" have the same
meanings as in section 2913.01 of the Revised Code.
(6) Obscene materials shall be destroyed.
(7) Beer, intoxicating liquor, and alcohol shall be
disposed of in accordance with division (D)(4) of section 2933.41
of the Revised Code.
(8) In the case of property not described in divisions
(B)(1) to (7) of this section and of property described in those
divisions but not disposed of pursuant to them, the property
shall be sold in accordance with division (B)(8) of this section or, in the
case of
forfeited moneys, disposed of in accordance with division (B)(8) of this
section. If the property is to be sold, the prosecuting attorney shall
cause a notice of the proposed sale of the property to be given
in accordance with law, and the property shall be sold, without
appraisal, at a public auction to the highest bidder for cash. The proceeds
of a sale and forfeited moneys shall be applied in
the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the property, the forfeiture proceeding
or civil action, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after compliance with division (B)(8)(a) of this section, to the
payment of the value of any legal right, title, or interest in
the property that is possessed by a person who, pursuant to
division (F) of section 2925.42 of the Revised Code or division
(E) of section 2925.43 of the Revised Code, established the
validity of and consequently preserved that legal right, title,
or interest, including, but not limited to, any mortgage,
perfected or other security interest, or other lien in the
property. The value of these rights, titles, or interests shall
be paid according to their record or other order of priority.
(c) Third, the remaining proceeds or forfeited moneys
after compliance with divisions (B)(8)(a) and (b) of this
section, as follows:
(i) If the forfeiture was ordered in a juvenile court, ten per
cent to one or more alcohol and drug addiction treatment programs that are
certified by the department of alcohol and drug addiction services under
section 3793.06 of the Revised Code and that are specified in the order of forfeiture. A
juvenile court shall not specify an alcohol or drug addiction treatment program
in the order of forfeiture unless the program is a certified alcohol and drug
addiction treatment program and, except as provided in division
(B)(8)(c)(i) of this section, unless
the program is located in the county in which the court that orders the
forfeiture is located or in a contiguous county. If no certified alcohol and
drug addiction treatment program is located in any of those counties, the
juvenile court may specify in the order a certified alcohol and drug addiction
treatment program located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, ninety
per
cent, and if the forfeiture was ordered in a court other than a juvenile
court,
one hundred per cent
to appropriate funds in accordance with divisions
(D)(1)(c) and (2) of section 2933.43 of the Revised Code. The
remaining proceeds or forfeited moneys so deposited shall be used
only for the purposes authorized by those divisions and division
(D)(3)(a)(ii) of that section.
(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do
not preclude a financial institution that possessed a valid mortgage, security
interest, or lien that is not satisfied prior to a sale under
division (B)(8) of this section or following a sale by
application of division (B)(8)(b) of this section, from
commencing a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor
if the financial institution otherwise would have been entitled
to do so in this or another state.
(2) Any law enforcement agency that obtains any vehicle
pursuant to division (B)(1) of this section shall take the
vehicle subject to the outstanding amount of any security
interest or lien that attaches to the vehicle.
(3) Nothing in this section impairs a mortgage, security
interest, lien, or other
interest of a financial institution in property that was the
subject of a forfeiture order under section 2925.42 or 2925.43 of
the Revised Code and that was sold or otherwise disposed of in a
manner that does not conform to the requirements of division (B)
of this section, or any right of a financial institution of
that nature to
commence a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor.
(4) Following the sale under division (B)(8) of this
section of any property that is required to be titled or
registered under the law of this state, the prosecuting attorney
responsible for the disposition of the property shall cause the
state to issue an appropriate certificate of title or
registration to the purchaser of the property. Additionally, if,
in a disposition of property pursuant to division (B) of this
section, the state or a political subdivision is given any
property that is required to be titled or registered under the
law of this state, the prosecuting attorney responsible for the
disposition of the property shall cause the state to issue an
appropriate certificate of title or registration to itself or to
the political subdivision.
(D) Property that has been forfeited to the state pursuant
to an order of criminal forfeiture under section 2925.42 of the
Revised Code or an order of civil forfeiture under section
2925.43 of the Revised Code shall not be available for use to pay
any fine imposed upon a person who is convicted of or pleads
guilty to a felony drug abuse offense or upon any juvenile who is
found by a juvenile court to be a delinquent child for an act
that, if committed by an adult, would be a felony drug abuse
offense.
(E) Sections 2925.41 to 2925.45 of the Revised Code do not
prohibit a law enforcement officer from seeking the forfeiture of contraband
associated with a felony drug abuse offense pursuant to section
2933.43 of the Revised Code.
Sec. 2933.43. (A)(1) Except as provided in this division or in section
2913.34 or sections 2923.44 to 2923.47 or
2925.41 to 2925.45 of the Revised Code,
a law enforcement officer shall seize any contraband that has been, is
being, or is intended to be used in violation of division (A) of
section 2933.42 of the Revised Code. A law enforcement officer
shall seize contraband that is a watercraft, motor vehicle, or
aircraft and that has been, is being, or is intended to be used
in violation of division (A) of section 2933.42 of the Revised
Code only if the watercraft, motor vehicle, or aircraft is
contraband because of its relationship to an underlying criminal
offense that is a felony.
Additionally, a law enforcement officer shall seize any
watercraft, motor vehicle, aircraft, or other personal property
that is classified as contraband under division (B) of section
2933.42 of the Revised Code if the underlying offense involved in
the violation of division (A) of that section that resulted in
the watercraft, motor vehicle, aircraft, or personal property
being classified as contraband, is a felony.
(2) If a law enforcement officer seizes property that is
titled or registered under law, including a motor vehicle,
pursuant to division (A)(1) of this section, the officer or the officer's
employing law enforcement agency shall notify the owner of the
seizure. The notification shall be given to the owner at the owner's last
known address within seventy-two hours after the seizure,
and may be given orally by any means, including telephone, or by
certified mail, return receipt requested.
If the officer or the officer's agency is unable to provide the
notice required by this division despite reasonable, good faith
efforts to do so, the exercise of the reasonable, good faith
efforts constitutes fulfillment of the notice requirement imposed
by this division.
(B)(1) A motor vehicle seized pursuant to division (A)(1)
of this section and the contents of the vehicle may be retained
for a reasonable period of time, not to exceed seventy-two hours,
for the purpose of inspection, investigation, and the gathering
of evidence of any offense or illegal use.
At any time prior to the expiration of the seventy-two-hour
period, the law enforcement agency that seized the motor vehicle
may petition the court of common pleas of the county that has
jurisdiction over the underlying criminal case or administrative
proceeding involved in the forfeiture for an extension of the
seventy-two-hour period if the motor vehicle or its contents are
needed as evidence or if additional time is needed for the
inspection, investigation, or gathering of evidence. Upon the
filing of such a petition, the court immediately shall schedule a
hearing to be held at a time as soon as possible after the
filing, but in no event at a time later than the end of the next
business day subsequent to the day on which the petition was
filed, and upon scheduling the hearing, immediately shall notify
the owner of the vehicle, at the address at which notification of
the seizure was provided under division (A) of this section, of
the date, time, and place of the hearing. If the court, at the
hearing, determines that the vehicle or its contents, or both,
are needed as evidence or that additional time is needed for the
inspection, investigation, or gathering of evidence, the court
may grant the petition and issue an order authorizing the
retention of the vehicle or its contents, or both, for an
extended period as specified by the court in its order. An order
extending a period of retention issued under this division may be
renewed.
If no petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of that period, under this division, if the vehicle was not in
the custody and control of the owner at the time of its seizure,
and if, at the end of that seventy-two-hour period, the owner of
the vehicle has not been charged with an offense or
administrative violation that includes the use of the vehicle as
an element and has not been charged with any other offense or
administrative violation in the actual commission of which the
motor vehicle was used, the vehicle and its contents shall be
released to its owner or the owner's agent, provided that the law
enforcement agency that seized the vehicle may require proof of
ownership of the vehicle, proof of ownership or legal possession
of the contents, and an affidavit of the owner that the owner neither
knew of nor expressly or impliedly consented to the use of the
vehicle that resulted in its forfeiture as conditions precedent
to release. If a petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of that period, under this division but the court does not grant
the petition, if the vehicle was not in the custody and control
of the owner at the time of its seizure, and if, at the end of
that seventy-two-hour period, the owner of the vehicle has not
been charged with an offense or administrative violation that
includes the use of the vehicle as an element and has not been
charged with any other offense or administrative violation in the
actual commission of which the motor vehicle was used, the
vehicle and its contents shall be released to its owner or the owner's agent,
provided that the court may require the proof and
affidavit described in the preceding sentence as conditions
precedent to release. If the initial seventy-two-hour period has
been extended under this division, the vehicle and its contents
to which the extension applies may be retained in accordance with
the extension order. If, at the end of that extended period, the
owner of the vehicle has not been charged with an offense or
administrative violation that includes the use of the vehicle as
an element and has not been charged with any other offense or
administrative violation in the actual commission of which the
motor vehicle was used, and if the vehicle was not in the custody
and control of the owner at the time of its seizure, the vehicle
and its contents shall be released to its owner or the owner's agent,
provided that the court may require the proof and affidavit
described in the third preceding sentence as conditions precedent
to release. In cases in which the court may require proof and
affidavits as conditions precedent to release, the court also may
require the posting of a bond, with sufficient sureties approved
by the court, in an amount equal to the value of the property to
be released, as determined by the court, and conditioned upon the
return of the property to the court if it is forfeited under this
section, as a further condition to release. If, at the end of
the initial seventy-two-hour period or at the end of any extended
period granted under this section, the owner has been charged
with an offense or administrative violation that includes the use
of the vehicle as an element or has been charged with another
offense or administrative violation in the actual commission of
which the motor vehicle was used, or if the vehicle was in the
custody and control of the owner at the time of its seizure, the
vehicle and its contents shall be retained pending disposition of
the charge, provided that upon the filing of a motion for release
by the owner, if the court determines that the motor vehicle or
its contents, or both, are not needed as evidence in the
underlying criminal case or administrative proceeding, the court
may permit the release of the property that is not needed as
evidence to the owner; as a condition precedent to a release of that nature,
the court may require the owner to execute a bond with
the court. Any bond so required shall be in an amount equal to
the value of the property to be released, as determined by the
court, shall have sufficient sureties approved by the court, and
shall be conditioned upon the return of the property to the court
to which it is forfeited under this section.
The final disposition of a motor vehicle seized pursuant to
division (A)(1) of this section shall be determined in accordance
with division (C) of this section.
(2) Pending a hearing pursuant to division (C) of this
section, and subject to divisions (B)(1) and (C) of this section,
any property lawfully seized pursuant to division (A) of this
section because it was contraband of a type described in division
(A)(13)(b), (d), (e),
(f), (g), (h), (i), or (j) of section
2901.01 of the Revised Code shall not be subject to replevin or
other action in any court and shall not be subject to release
upon request of the owner, and no judgment shall be enforced
against the property. Pending the hearing, and subject to
divisions (B)(1) and (C) of this section, the property shall be
kept in the custody of the law enforcement agency responsible for
its seizure.
Pending a hearing pursuant to division (C) of this section,
and notwithstanding any provisions of division (B)(1) or (C) of
this section to the contrary, any property lawfully seized
pursuant to division (A) of this section because it was
contraband of a type described in division (A)(13)(a) or
(c) of section 2901.01 of the Revised Code shall not be
subject to replevin or other action in any court and shall not be subject
to release upon request of the owner, and no judgment shall be
enforced against the property. Pending the hearing, and
notwithstanding any provisions of division (B)(1) or (C) of this
section to the contrary, the property shall be kept in the
custody of the law enforcement agency responsible for its
seizure.
A law enforcement agency that seizes property under
division (A) of this section because it was contraband of any
type described in division (A)(13) of section 2901.01 or
division (B) of section 2933.42 of the Revised Code shall maintain an accurate
record of each item of property so seized, which record shall
include the date on which each item was seized, the manner and
date of its disposition, and if applicable, the name of the
person who received the item; however, the record shall not
identify or enable the identification of the individual officer
who seized the item. The record of property of that nature that no
longer is needed as evidence shall be open to public inspection
during the agency's regular business hours. Each law enforcement
agency that, during any calendar year, seizes property under
division (A) of this section because it was contraband shall
prepare a report covering the calendar year that cumulates all of
the information contained in all of the records kept by the
agency pursuant to this division for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. Not later than the
fifteenth day of April in the calendar year
in which the reports are received, the attorney
general shall send to the
president of the senate and the speaker of the house of
representatives a written notification that does all of the
following:
(a) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in this division that cover the previous
calendar year and indicates that the reports were received under this
division;
(b) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code;
(c) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request.
(C) The prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer who has
responsibility for the prosecution of the underlying criminal
case or administrative proceeding, or the attorney general if the
attorney general has that responsibility, shall file a petition
for the forfeiture, to the seizing law enforcement agency of the
contraband seized pursuant to division (A) of this section. The
petition shall be filed in the court that has jurisdiction over
the underlying criminal case or administrative proceeding
involved in the forfeiture. If the property was seized on the
basis of both a criminal violation and an administrative
regulation violation, the petition shall be filed by the officer
and in the court that is appropriate in relation to the criminal
case.
The petitioner shall conduct or cause to be conducted a
search of the appropriate public records that relate to the
seized property for the purpose of determining, and shall make or
cause to be made reasonably diligent inquiries for the purpose of
determining, any person having an ownership or security interest
in the property. The petitioner then shall give notice of the
forfeiture proceedings by personal service or by certified mail,
return receipt requested, to any persons known, because of the
conduct of the search, the making of the inquiries, or otherwise,
to have an ownership or security interest in the property, and
shall publish notice of the proceedings once each week for two
consecutive weeks in a newspaper of general circulation in the
county in which the seizure occurred. The notices shall be
personally served, mailed, and first published at least four
weeks before the hearing. They shall describe the property
seized; state the date and place of seizure; name the law
enforcement agency that seized the property and, if applicable,
that is holding the property; list the time, date, and place of
the hearing; and state that any person having an ownership or
security interest in the property may contest the forfeiture.
If the property seized was determined by the seizing law
enforcement officer to be contraband because of its relationship
to an underlying criminal offense or administrative violation, no
forfeiture hearing shall be held under this section unless the
person pleads guilty to or is convicted of the commission of, or
an attempt or conspiracy to commit, the offense or a different
offense arising out of the same facts and circumstances or unless
the person admits or is adjudicated to have committed the
administrative violation or a different violation arising out of
the same facts and circumstances; a forfeiture hearing shall be
held in a case of that nature no later than forty-five days after the
conviction or the admission or adjudication of the violation,
unless the time for the hearing is extended by the court for good
cause shown. The owner of any property seized because of its
relationship to an underlying criminal offense or administrative
violation may request the court to release the property to the owner. Upon
receipt of a request of that nature, if the court determines that the
property is not needed as evidence in the underlying criminal
case or administrative proceeding, the court may permit the
release of the property to the owner. As a condition precedent
to a release of that nature, the court may require the owner to execute a
bond with the court. Any bond so required shall have sufficient
sureties approved by the court, shall be in a sum equal to the
value of the property, as determined by the court, and shall be
conditioned upon the return of the property to the court if the
property is forfeited under this section. Any property seized
because of its relationship to an underlying criminal offense or
administrative violation shall be returned to its owner if
charges are not filed in relation to that underlying offense or
violation within thirty days after the seizure, if charges of that nature are
filed and subsequently are dismissed, or if charges of that nature are filed
and the person charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the violation.
If the property seized was determined by the seizing law
enforcement officer to be contraband other than because of a
relationship to an underlying criminal offense or administrative
violation, the forfeiture hearing under this section shall be
held no later than forty-five days after the seizure, unless the
time for the hearing is extended by the court for good cause
shown.
Where possible, a court holding a forfeiture hearing under
this section shall follow the Rules of Civil Procedure. When a
hearing is conducted under this section, property shall be
forfeited upon a showing, by a preponderance of the evidence, by
the petitioner that the person from which the property was seized
was in violation of division (A) of section 2933.42 of the
Revised Code. If that showing is made, the court shall issue an
order of forfeiture. If an order of forfeiture is issued in
relation to contraband that was released to the owner or the owner's agent
pursuant to this division or division (B)(1) of this
section, the order shall require the owner to deliver the
property, by a specified date, to the law enforcement agency that
employed the law enforcement officer who made the seizure of the
property, and the court shall deliver a copy of the order to the
owner or send a copy of it by certified mail, return receipt
requested, to the owner at the address to which notice of the
seizure was given under division (A)(2) of this section. Except
as otherwise provided in this division, all rights, interest, and
title to the forfeited contraband vests in the state, effective
from the date of seizure.
No property shall be forfeited pursuant to this division if
the owner of the property establishes, by a preponderance of the
evidence, that the owner neither knew, nor should have known after a
reasonable inquiry, that the property was used, or was likely to
be used, in a crime or administrative violation. No bona fide
security interest shall be forfeited pursuant to this division if
the holder of the interest establishes, by a preponderance of the
evidence, that the holder of the interest neither knew, nor should have known
after a
reasonable inquiry, that the property was used, or likely to be
used, in a crime or administrative violation, that the holder of the interest
did not
expressly or impliedly consent to the use of the property in a
crime or administrative violation, and that the security interest
was perfected pursuant to law prior to the seizure. If the
holder of the interest satisfies the court that these
requirements are met, the interest shall be preserved by the
court. In a case of that nature, the court shall either order that the
agency to which the property is forfeited reimburse the holder of the interest
to the extent of the preserved interest or order that the
holder be paid for the interest from the proceeds of any
sale pursuant to division (D) of this section.
(D)(1) Contraband ordered forfeited pursuant to this
section shall be disposed of pursuant to divisions (D)(1) to (7)
of section 2933.41 of the Revised Code or, if the contraband is
not described in those divisions, may be used, with the approval
of the court, by the law enforcement agency that has custody of
the contraband pursuant to division (D)(8) of that section. In
the case of contraband not described in any of those divisions
and of contraband not disposed of pursuant to any of those
divisions, the contraband shall be sold in accordance with this
division or, in the case of forfeited moneys, disposed of in
accordance with this division. If the contraband is to be sold,
the prosecuting attorney shall cause a notice of the proposed
sale of the contraband to be given in accordance with law, and
the property shall be sold, without appraisal, at a public
auction to the highest bidder for cash. The proceeds of a sale
and forfeited moneys shall be applied in the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the contraband, the forfeiture
proceeding, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after compliance with division (D)(1)(a) of this section, to the
payment of the balance due on any security interest preserved
pursuant to division (C) of this section;
(c) Third, the remaining proceeds or forfeited moneys
after compliance with divisions (D)(1)(a) and (b) of this
section, as follows:
(i) If the forfeiture was ordered in a juvenile court, ten per
cent to one or more alcohol and drug addiction treatment programs that are
certified by the department of alcohol and drug addiction services under
section 3793.06 of the Revised Code and that are specified in the order of
forfeiture. A
juvenile court shall not certify an alcohol or drug addiction treatment
program in the order of forfeiture unless the program is a certified alcohol
and drug addiction treatment program and, except as provided in division
(D)(1)(c)(i) of this section, unless the program
is located in the county in which the court that orders the forfeiture is
located or in a contiguous county. If no certified alcohol and drug addiction
treatment program is located in any of those counties, the juvenile court may
specify in the order a certified alcohol and drug addiction treatment program
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, ninety
per cent, and if the forfeiture was ordered in a court other than a juvenile
court, one hundred per cent to the law enforcement trust fund of the
prosecuting
attorney and to the law enforcement trust fund of the county
sheriff if the county sheriff made the seizure, to the law
enforcement trust fund of a municipal corporation if its police
department made the seizure, to the law enforcement trust fund of
a township if the seizure was made by a township police
department, township police district police force, or office of a
township constable, to the law enforcement trust fund of a park
district created pursuant to section 511.18 or 1545.01 of the
Revised Code if the seizure was made by the park district police
force or law enforcement department, to the state highway patrol
contraband, forfeiture, and other fund if the state highway
patrol made the seizure, to the liquor enforcement DEPARTMENT OF
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and
other fund if the liquor enforcement INVESTIGATIVE unit of the
department of public
safety made the
seizure, to the food stamp contraband, forfeiture, and other fund if the
food
stamp
trafficking unit of the department of public safety made the seizure, to
the
board of pharmacy drug law enforcement fund
created by division (B)(1) of section 4729.65 of the Revised Code
if the board made the seizure, or to the treasurer of state for
deposit into the peace officer training commission fund
if a state
law enforcement agency, other than the state highway patrol, the
INVESTIGATIVE UNIT OF THE department of public safety, or the state
board of pharmacy,
made the seizure. The prosecuting attorney may decline to accept
any of the remaining proceeds or forfeited moneys, and, if the prosecuting
attorney so
declines, the remaining proceeds or forfeited moneys shall be
applied to the fund described in this division that relates to
the law enforcement agency that made the seizure.
A law enforcement trust fund shall be established by the
prosecuting attorney of each county who intends to receive any
remaining proceeds or forfeited moneys pursuant to this division,
by the sheriff of each county, by the legislative authority of
each municipal corporation, by the board of township trustees of
each township that has a township police department, township
police district police force, or office of the constable, and by
the board of park commissioners of each park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that
has a park district police force or law enforcement department,
for the purposes of this division. There is hereby created in
the state treasury the state highway patrol contraband,
forfeiture, and other fund, the liquor enforcement DEPARTMENT OF
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and
other fund, the food stamp contraband, forfeiture, and other fund, and
the
peace officer training commission fund, for the purposes
described in this
division.
Proceeds or forfeited moneys distributed to any municipal
corporation, township, or park district law enforcement trust
fund shall be allocated from the fund by the legislative
authority only to the police department of the municipal
corporation, by the board of township trustees only to the
township police department, township police district police
force, or office of the constable, and by the board of park
commissioners only to the park district police force or law
enforcement department.
Additionally, no proceeds or forfeited moneys shall be
allocated to or used by the state highway patrol, the food stamp
trafficking
unit or liquor enforcement unit of the department
of public safety, the state board of pharmacy, or a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department unless the state highway
patrol, department of public safety, state board of pharmacy,
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department has adopted a written
internal control policy under division (D)(3) of this section
that addresses the use of moneys received from the state highway
patrol contraband, forfeiture, and other fund, the liquor enforcement
DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT
contraband, forfeiture, and other fund, the food stamp contraband,
forfeiture,
and other fund, the board of pharmacy drug law
enforcement fund, or the appropriate law enforcement trust fund.
The state highway patrol contraband, forfeiture, and other fund,
the liquor enforcement DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE
UNIT contraband, forfeiture, and other fund, the food stamp
contraband, forfeiture, and other fund, and a law
enforcement trust fund shall be expended only in accordance with
the written internal control policy so adopted by the recipient,
and, subject to the requirements specified in division
(D)(3)(a)(ii) of this section, only to pay the costs of
protracted or complex investigations or prosecutions, to provide
reasonable technical training or expertise, to provide matching
funds to obtain federal grants to aid law enforcement, in the
support of DARE programs or other programs designed to educate
adults or children with respect to the dangers associated with
the use of drugs of abuse, or for other law enforcement
purposes that the superintendent of the state highway patrol,
department of public safety, prosecuting attorney, county
sheriff, legislative authority, board of township trustees, or
board of park commissioners determines to be appropriate. The
board of pharmacy drug law enforcement fund shall be expended
only in accordance with the written internal control policy so
adopted by the board and only in accordance with section 4729.65
of the Revised Code. The state highway patrol contraband,
forfeiture, and other fund, the liquor enforcement DEPARTMENT OF
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, seizure
FORFEITURE, and
other fund, the food stamp contraband, forfeiture, and other fund, the
board
of pharmacy drug law enforcement
fund, and a law enforcement trust fund shall not be used to meet
the operating costs of the state highway patrol, of the
food stamp trafficking unit or liquor enforcement INVESTIGATIVE
unit of the department of
public safety, of the state board of pharmacy, of
any political subdivision, or of any office of a prosecuting
attorney or county sheriff that are unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state
treasury to be deposited into the peace officer training
commission fund shall be used by the commission
only to pay the costs of peace
officer training.
Any sheriff or prosecuting attorney who receives proceeds
or forfeited moneys pursuant to this division during any calendar
year shall file a report with the county auditor, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any municipal corporation police
department that is allocated proceeds or forfeited moneys from a
municipal corporation law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
legislative authority of the municipal corporation, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any township police department,
township police district police force, or office of the constable
that is allocated proceeds or forfeited moneys from a township
law enforcement trust fund pursuant to this division during any
calendar year shall file a report with the board of township
trustees of the township, no later than the thirty-first day of
January of the next calendar year, verifying that the proceeds
and forfeited moneys were expended only for the purposes
authorized by this division and division (D)(3)(a)(ii) of this
section and specifying the amounts expended for each authorized
purpose. Any park district police force or law enforcement
department that is allocated proceeds or forfeited moneys from a
park district law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
board of park commissioners of the park district, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. The superintendent of the state
highway patrol shall file a report with the attorney general, no
later than the thirty-first day of January of each calendar year,
verifying that proceeds and forfeited moneys paid into the state
highway patrol contraband, forfeiture, and other fund pursuant to
this division during the prior calendar year were used by the
state highway patrol during the prior calendar year only for the
purposes authorized by this division and specifying the amounts
expended for each authorized purpose. The executive director of
the state board of pharmacy shall file a report with the attorney
general, no later than the thirty-first day of January of each
calendar year, verifying that proceeds and forfeited moneys paid
into the board of pharmacy drug law enforcement fund during the
prior calendar year were used only in accordance with section
4729.65 of the Revised Code and specifying the amounts expended
for each authorized purpose. The peace officer training
commission shall file a report with the attorney general, no later than
the
thirty-first day of January of each calendar year, verifying that
proceeds and forfeited moneys paid into the peace officer
training commission fund pursuant to this division
during the prior
calendar year were used by the commission during the
prior calendar
year only to pay the costs of peace officer training and
specifying the amount used for that purpose.
(2) If more than one law enforcement agency is
substantially involved in the seizure of contraband that is
forfeited pursuant to this section, the court ordering the
forfeiture shall equitably divide the proceeds or forfeited
moneys, after calculating any distribution to the law enforcement
trust fund of the prosecuting attorney pursuant to division
(D)(1)(c) of this section, among any county sheriff whose office
is determined by the court to be substantially involved in the
seizure, any legislative authority of a municipal corporation
whose police department is determined by the court to be
substantially involved in the seizure, any board of township
trustees whose law enforcement agency is determined by the court
to be substantially involved in the seizure, any board of park
commissioners of a park district whose police force or law
enforcement department is determined by the court to be
substantially involved in the seizure, the state board of
pharmacy if it is determined by the court to be substantially
involved in the seizure, the food stamp trafficking unit or liquor
enforcement INVESTIGATIVE unit of the department of public safety
if it
is determined by the court to be substantially involved in the
seizure, and the state highway patrol if it is determined by the
court to be substantially involved in the seizure. The proceeds
or forfeited moneys shall be deposited in the respective law
enforcement trust funds of the county sheriff, municipal
corporation, township, and park district, the board of pharmacy
drug law enforcement fund, the liquor
enforcement DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT
contraband, forfeiture, and other fund, the food stamp contraband,
forfeiture, and other fund, or the state highway
patrol contraband,
forfeiture, and other fund, in accordance with division (D)(1)(c)
of this section. If a state law enforcement agency, other than
the state highway patrol, the food stamp trafficking unit or liquor
enforcement INVESTIGATIVE unit of the department of public safety,
or the state board of pharmacy, is determined by the court to be
substantially involved in the seizure, the state agency's
equitable share of the proceeds and forfeited moneys shall be
paid to the treasurer of state for deposit into the peace officer
training commission fund.
(3)(a)(i) Prior to being allocated or using any proceeds
or forfeited moneys out of the state highway patrol contraband,
forfeiture, and other fund, the liquor enforcement DEPARTMENT OF
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and
other fund, the food stamp contraband, seizure, and other fund, the
board of
pharmacy drug law enforcement
fund, or a law enforcement trust fund under division (D)(1)(c) of
this section, the state highway patrol, the department of public safety, the
state board of pharmacy, and a county sheriff,
prosecuting attorney, municipal corporation police department,
township police department, township police district police
force, office of the constable, or park district police force or
law enforcement department shall adopt a written internal control
policy that addresses the state highway patrol's, department of
public safety's, state board of pharmacy's, sheriff's,
prosecuting attorney's, police department's, police force's,
office of the constable's, or law enforcement department's use
and disposition of all the proceeds and forfeited moneys received
and that provides for the keeping of detailed financial records
of the receipts of the proceeds and forfeited moneys, the general
types of expenditures made out of the proceeds and forfeited
moneys, the specific amount of each general type of expenditure,
and the amounts, portions, and programs described in division
(D)(3)(a)(ii) of this section. The policy shall not provide for
or permit the identification of any specific expenditure that is
made in an ongoing investigation.
All financial records of the receipts of the proceeds and
forfeited moneys, the general types of expenditures made out of
the proceeds and forfeited moneys, the specific amount of each
general type of expenditure by the state highway patrol, by the
department of public safety, by the state board of pharmacy, and
by a sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department, and the amounts, portions,
and programs described in division (D)(3)(a)(ii) of this section
are public records open for inspection under section 149.43 of
the Revised Code. Additionally, a written internal control
policy adopted under this division is a public record of that nature, and
the state highway patrol, the department of public safety, the
state board of pharmacy, or the sheriff, prosecuting attorney,
municipal corporation police department, township police
department, township police district police force, office of the
constable, or park district police force or law enforcement
department that adopted it shall comply with it.
(ii) The written internal control policy of a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department shall provide that at least
ten per cent of the first one hundred thousand dollars of
proceeds and forfeited moneys deposited during each calendar year
in the sheriff's, prosecuting attorney's, municipal
corporation's, township's, or park district's law enforcement
trust fund pursuant to division (B)(7)(c)(ii) of section 2923.46
or division (B)(8)(c)(ii) of section 2925.44 of
the Revised Code, and at least twenty per cent of the proceeds
and forfeited moneys exceeding one hundred thousand dollars that
are so deposited, shall be used in connection with community
preventive education programs. The manner in which the described
percentages are so used shall be determined by the sheriff,
prosecuting attorney, department, police force, or office of the
constable after the receipt and consideration of advice on
appropriate community preventive education programs from the
county's board of alcohol, drug addiction, and mental health
services, from the county's alcohol and drug addiction services
board, or through appropriate community dialogue. The financial
records described in division (D)(3)(a)(i) of this section shall
specify the amount of the proceeds and forfeited moneys deposited
during each calendar year in the sheriff's, prosecuting
attorney's, municipal corporation's, township's, or park
district's law enforcement trust fund pursuant to division
(B)(7)(c)(ii) of section 2923.46 or division
(B)(8)(c)(ii) of
section 2925.44 of the Revised Code, the portion of
that amount that was used pursuant to the requirements of this
division, and the community preventive education programs in
connection with which the portion of that amount was so used.
As used in this division, "community preventive education
programs" includes, but is not limited to, DARE programs and
other programs designed to educate adults or children with
respect to the dangers associated with the use of drugs of abuse.
(b) Each sheriff, prosecuting attorney, municipal
corporation police department, township police department,
township police district police force, office of the constable,
or park district police force or law enforcement department that
receives in any calendar year any proceeds or forfeited moneys
out of a law enforcement trust fund under division (D)(1)(c) of
this section or uses any proceeds or forfeited moneys in its law
enforcement trust fund in any calendar year shall prepare a
report covering the calendar year that cumulates all of the
information contained in all of the public financial records kept
by the sheriff, prosecuting attorney, municipal corporation
police department, township police department, township police
district police force, office of the constable, or park district
police force or law enforcement department pursuant to division
(D)(3)(a) of this section for that calendar year, and shall send
a copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by
the report, to the attorney general.
The superintendent of the state highway patrol shall
prepare a report covering each calendar year in which the state
highway patrol uses any proceeds or forfeited moneys in the state
highway patrol contraband, forfeiture, and other fund under
division (D)(1)(c) of this section, that cumulates all of the
information contained in all of the public financial records kept
by the state highway patrol pursuant to division (D)(3)(a) of
this section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general.
The department of public safety shall prepare a report
covering each fiscal year in which the department uses any
proceeds or forfeited moneys in the liquor enforcement contraband, seizure,
and other fund and the food stamp DEPARTMENT OF PUBLIC SAFETY
INVESTIGATIVE UNIT contraband, forfeiture, and other fund under
division (D)(1)(c) of this section that
cumulates all of the information contained in all of the public
financial records kept by the department pursuant to division
(D)(3)(a) of this section for that fiscal year. The department
shall send a copy of the cumulative report to the attorney
general no later than the first day of August in the fiscal year
following the fiscal year covered by the report. The director of
public safety shall include in the report a verification that
proceeds and forfeited moneys paid into the liquor enforcement
contraband, seizure, and other fund and the food stamp DEPARTMENT OF
PUBLIC SAFETY INVESTIGATIVE UNIT contraband,
forfeiture, and other fund under division (D)(1)(c) of this section during the
preceding
fiscal year were used by the department during that fiscal year only for
the purposes authorized by that division and shall specify the
amount used for each authorized purpose.
The executive director of the state board of pharmacy shall
prepare a report covering each calendar year in which the board
uses any proceeds or forfeited moneys in the board of pharmacy
drug law enforcement fund under division (D)(1)(c) of this
section, that cumulates all of the information contained in all
of the public financial records kept by the board pursuant to
division (D)(3)(a) of this section for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. Not later than the
fifteenth day of April in the calendar year in
which the reports are received, the attorney
general shall send to the
president of the senate and the speaker of the house of
representatives a written notification that does all of the
following:
(i) Indicates that the attorney general has received from
entities or persons specified in this division reports
of the type described in this division that cover the previous
calendar year and indicates that the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request.
(4)(a) A law enforcement agency that receives pursuant to
federal law proceeds from a sale of forfeited contraband, proceeds from
another disposition of forfeited contraband, or
forfeited contraband moneys shall deposit, use, and account for
the proceeds or forfeited moneys in accordance with, and
otherwise comply with, the applicable federal law.
(b) If the state highway patrol receives pursuant to federal law proceeds
from a sale of forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the appropriate
governmental officials shall deposit into the state highway patrol contraband,
forfeiture, and other fund all interest or other earnings derived from the
investment of the proceeds or forfeited moneys. The state highway patrol
shall use and account for that interest or other earnings in accordance with
the applicable federal law.
(c) If the liquor enforcement INVESTIGATIVE unit of the
department of public safety receives pursuant to federal law proceeds from a
sale of
forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the
appropriate governmental officials shall deposit into the liquor
enforcement DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT
contraband, forfeiture, and other fund all interest
or other earnings derived from the investment of the proceeds or
forfeited moneys. The department shall use and account for that
interest or other earnings in accordance with the applicable
federal law.
(d) If the food stamp fraud unit of the department
of public safety receives pursuant to federal law proceeds from
a sale of forfeited contraband, proceeds from another
disposition of forfeited contraband, or forfeited contraband
moneys, the appropriate governmental officials shall deposit
into the food stamp contraband, forfeiture, and other fund all
interest or other earnings derived from the investment of the
proceeds or forfeited moneys. The department shall use and
account for that interest or other earnings in accordance with
the applicable federal law.
(e) Divisions (D)(1) to (3) of this section do not apply to proceeds
or
forfeited moneys received pursuant to federal law or to the interest or other
earnings that are derived from the investment of proceeds or forfeited moneys
received pursuant to federal law and that are described in division (D)(4)(b)
of this section.
(E) Upon the sale pursuant to this section of any property
that is required to be titled or registered under law, the state
shall issue an appropriate certificate of title or registration
to the purchaser. If the state is vested with title pursuant to
division (C) of this section and elects to retain property that
is required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.
(F) Notwithstanding any provisions of this section to the
contrary, any property that is lawfully seized in relation to a
violation of section 2923.32 of the Revised Code shall be subject
to forfeiture and disposition in accordance with sections 2923.32 to 2923.36
of the Revised Code; any property that is forfeited pursuant
to section 2923.44 or 2923.45 of the Revised Code in relation to a violation of section
2923.42 of the Revised Code or in relation to an act of a juvenile that is a violation of
section 2923.42 of the Revised Code may be subject to forfeiture and disposition in
accordance with sections 2923.44 to 2923.47 of the Revised Code;
and any
property that is forfeited pursuant to section 2925.42 or 2925.43
of the Revised Code in relation to a felony drug abuse offense,
as defined in section 2925.01 of the Revised Code, or in relation
to an act that, if committed by an adult, would be a felony
drug abuse offense of that nature, may be subject to forfeiture and
disposition in accordance with sections 2925.41 to 2925.45 of the Revised Code
or this section.
(G) Any failure of a law enforcement officer or agency, a
prosecuting attorney, village solicitor, city director of law, or
similar chief legal officer, a court, or the attorney general to
comply with any duty imposed by this section in relation to any
property seized or with any other provision of this section in
relation to any property seized does not affect the validity of
the seizure of the property, provided the seizure itself was made
in accordance with law, and is not and shall not be considered to
be the basis for the suppression of any evidence resulting from
the seizure of the property, provided the seizure itself was made
in accordance with law.
(H) Contraband that has been forfeited pursuant to
division (C) of this section shall not be available for use to
pay any fine imposed upon a person who is convicted of or pleads
guilty to an underlying criminal offense or a different offense
arising out of the same facts and circumstances.
Sec. 2935.01. As used in this chapter:
(A) "Magistrate" has the same meaning as in section
2931.01 of the Revised Code.
(B) "Peace officer" includes, except as provided in section
2935.081 of the Revised Code, a sheriff; deputy
sheriff;
marshal; deputy marshal; member of the organized
police
department of any municipal corporation, including a member of
the organized police department of a municipal corporation in an
adjoining state serving in Ohio under a contract pursuant to
section 737.04 of the Revised Code; member of a police force
employed by a metropolitan housing authority under division (D)
of section 3735.31 of the Revised Code; member of a police
force employed by a
regional transit authority under division (Y) of section 306.05 of the Revised
Code; state university law
enforcement officer appointed under section 3345.04 of the
Revised Code; liquor control investigator or food stamp
trafficking ENFORCEMENT agent of the department of
public safety DESIGNATED UNDER SECTION 5502.14 of the Revised Code; employee of the
department of natural resources who is a natural resources law enforcement
staff officer designated pursuant to section 1501.013 of the Revised Code, a
forest officer designated pursuant to section
1503.29 of the Revised Code, a preserve officer designated pursuant to section
1517.10 of the Revised Code, a wildlife officer designated pursuant to section
1531.13 of the Revised Code, a park officer designated pursuant to section
1541.10 of the Revised Code, or a state
watercraft officer designated pursuant to
section 1547.521 of the Revised
Code; individual designated to perform law enforcement duties under
section 511.232, 1545.13, or 6101.75 of the Revised Code; Ohio veterans' home
police officer appointed under
section 5907.02 of the Revised Code; police constable of any
township; and police officer of a township or joint township
police
district; and, for the purpose of arrests within those areas,
and
for the purposes of Chapter 5503. of the Revised Code, and the
filing of and service of process relating to those offenses
witnessed or investigated by them, includes the superintendent
and troopers of the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney and
any assistant prosecutor designated to assist the county prosecuting attorney,
and, in the
case of courts inferior to courts of common pleas, includes the
village solicitor, city director of law, or similar chief legal
officer of a municipal corporation, any such officer's assistants, or any
attorney designated by the prosecuting attorney of
the county to
appear for the prosecution of a given case.
(D) "Offense," except where the context specifically
indicates otherwise, includes felonies, misdemeanors, and
violations of ordinances of municipal corporations and other
public bodies authorized by law to adopt penal regulations.
Sec. 4301.021. The director or, beginning on July 1, 1997, the
superintendent of liquor control shall exercise all powers and
perform all duties created and enjoined by Chapters 4301. and 4303. of the
Revised Code, except for the powers and duties vested in and enjoined upon the
liquor control commission by section 4301.022 of the Revised Code and all
chapters and sections of the Revised Code referred to in
that section, and except for the powers and duties vested in the
department of
public safety under sections 5502.61 and 5502.62 5502.13
TO 5502.19 of the Revised Code and all provisions of the
Revised Code referred to in those sections THAT RELATE TO LIQUOR CONTROL
ENFORCEMENT.
Sec. 4301.10. (A) The department or, beginning on July 1, 1997,
the division of liquor control shall DO ALL OF THE FOLLOWING:
(1) Control the traffic in beer and intoxicating liquor in
this state, including the manufacture, importation, and sale
of beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture,
distribution, transportation, and sale of beer and intoxicating
liquor and the sale of alcohol, as authorized or required by this
chapter and Chapter 4303. of the Revised Code; and a certificate
signed by the director or, beginning on July 1, 1997, the
superintendent of liquor control to which is affixed the
official seal of the department or division stating that it appears
from the records of the department or division that no permit has been
issued to the person specified in the certificate, or that a permit,
if issued, has been
revoked, canceled, or suspended shall be received as prima-facie
evidence of the facts recited in the certificate in any
court, or before any
officer of this state;
(3) Put into operation, manage, and control a system of
state liquor stores for the sale of spirituous liquor at retail
and to holders of permits authorizing the sale of spirituous liquor;
however, the department or division shall not establish any drive-in
state
liquor stores; and by means of those types of stores, and any
manufacturing plants, distributing and bottling plants,
warehouses, and other facilities that it considers expedient,
establish and maintain a state monopoly of the distribution of
spirituous liquor and its sale in packages or containers; and for
that purpose manufacture, buy, import, possess, and sell spirituous
liquors as provided in this chapter and Chapter 4303. of the
Revised Code, and in the rules promulgated by the director or
superintendent of liquor control pursuant to those chapters; lease, or in any
manner
acquire the use of any land or building required for any
of those purposes; purchase any equipment that is required; and borrow
money to carry on its business, and issue, sign, endorse, and
accept notes, checks, and bills of exchange; but all obligations
of the department or division created under authority of this division
shall
be a charge only upon the moneys received by the department or division
from
the sale of spirituous liquor and its other business transactions
in connection with the sale of spirituous liquor, and
shall not be general obligations of
the state;
(4) Enforce the administrative provisions of this chapter
and Chapter 4303. of the Revised
Code, and the rules and orders of the liquor control commission
and the director or superintendent relating to the
manufacture, importation, transportation, distribution, and sale of beer and
intoxicating liquors; and the attorney general, any prosecuting
attorney, and any prosecuting officer of a municipal corporation
or a municipal court shall, at the request of the department or
division of liquor control or the department of public safety,
prosecute any person charged with the violation of any
provision in those chapters
or of any section of the Revised Code relating to the
manufacture, importation, transportation, distribution, and sale
of beer and intoxicating liquor;
(5) Determine the locations of all state liquor stores and
manufacturing, distributing, and bottling plants required in
connection therewith, subject to this chapter and Chapter 4303.
of the Revised Code;
(6) Conduct inspections of liquor permit premises to
determine compliance with the administrative provisions of
this chapter and Chapter 4303. of the Revised Code and the rules adopted under
those provisions by the liquor control commission.
Except as otherwise provided in division (A)(6) of this
section, those inspections may be conducted only during those
hours in which the permit holder is open for business and only by
authorized agents or employees of the department or division or by any
peace officer, as this term is defined in section 2935.01 of the
Revised Code. Inspections may be conducted at other hours only
to determine compliance with laws or commission rules that
regulate the hours of sale of beer and intoxicating liquor and
only if the investigator has reasonable cause to believe that
those laws or rules are being violated. Any inspection conducted
pursuant to division (A)(6) of this section is subject to all of
the following requirements:
(a) The only property that may be confiscated is
contraband, as defined in section 2901.01 of the
Revised Code, or property that is otherwise necessary for
evidentiary purposes.
(b) A complete inventory of all property confiscated from
the premises shall be given to the permit holder or the permit holder's agent
or
employee by the confiscating agent or officer at the conclusion
of the inspection. At that time, the inventory shall be signed
by the confiscating agent or officer and the agent or officer
shall give the permit holder or the permit holder's agent or employee the
opportunity to sign the inventory.
(c) Inspections conducted pursuant to division (A)(6) of
this section shall be conducted in a reasonable manner. A
finding by any court of competent jurisdiction that the
inspection was not conducted in a reasonable manner in accordance
with this section or any rules promulgated by the commission may
be considered grounds for suppression of evidence. A finding by
the liquor control commission that the inspection was not
conducted in a reasonable manner in accordance with this section
or any rules promulgated by the commission may be considered
grounds for dismissal of the commission case.
If any court of competent jurisdiction finds that property
confiscated as the result of an administrative inspection is not
necessary for evidentiary purposes and is not contraband, as defined in section
2901.01 of the Revised Code, the court
shall order the immediate return of the confiscated property,
provided that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this
property is not grounds for dismissal of the case. The
commission likewise may order the return of confiscated property
if no criminal prosecution is pending or anticipated.
(7) Delegate to any of its agents or employees any power
of investigation that the department or division possesses with respect
to the enforcement of any of the administrative laws relating to beer and
to intoxicating liquor, provided that this division does not authorize
the
department or division to designate any agent or employee to serve as
a liquor
control investigator AN ENFORCEMENT AGENT. The employment and
designation of liquor control
investigators ENFORCEMENT AGENTS shall be within the exclusive
authority of the director of
public safety pursuant to sections 5502.13 and 5502.61
TO 5502.19 of the Revised Code.
(8) Except as otherwise provided in division (A)(8) of this section, collect
the following fees:
(a) An annual twenty-five-dollar registration fee for each
representative, registered pursuant to section 4303.25 of the
Revised Code, of a beer or intoxicating liquor manufacturer doing
business in this state;
(b) A fifty-dollar product registration fee for each new
beer or intoxicating liquor product sold in this state. The
product registration fee shall be accompanied by a copy of the
federal label and product approval for the new product.
(c) An annual three-hundred-dollar out-of-state supplier
consent-to-import fee from each manufacturer or supplier not
subject to division (A)(8)(e) of this section, in addition
to an
initial application fee of one hundred dollars;
(d) An annual twenty-five-dollar registration fee for coil
cleaners of beer dispensing equipment doing business in this
state.
(e) An annual one-hundred-dollar out-of-state
consent-to-import fee, in addition to an initial application fee
of one hundred dollars, from any manufacturer or out-of-state
supplier that produced or shipped into this state in the
immediately preceding calendar year a total of five hundred or
fewer cases of seven-hundred-fifty milliliter equivalent of
intoxicating liquor and twelve-ounce equivalent of beer.
Each consent-to-import, representative's registration, and
coil cleaner registration issued under division (A)(8) of
this section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of
the year, ending on the uniform expiration date for each, which
shall be designated by the department or division, and is subject to
suspension, revocation, cancellation, or fine as authorized by
this chapter and Chapter 4303. of the Revised Code.
(9) Establish a system of electronic data interchange within the
department or division and regulate the electronic
transfer of
information and funds among persons and governmental entities engaged in the
manufacture, distribution, and retail sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary
implication conferred upon the department or division by this chapter
and Chapter 4303. of the Revised Code, and all powers necessary for
the exercise or discharge of any power, duty, or function
expressly conferred or imposed upon the department or division by
those chapters.
(B) The department or division may DO ALL OF THE FOLLOWING:
(1) Sue, but may be sued only in connection with the
execution of leases of real estate and the purchases and
contracts necessary for the operation of the state liquor stores
that are made under this chapter and Chapter 4303. of the Revised
Code;
(2) Enter into leases and contracts of all descriptions and acquire and
transfer title
to personal property with regard to the sale, distribution, and storage of
spirituous liquor within the state;
(3) Terminate at will any lease entered into pursuant to
division (B)(2) of this section upon
first giving ninety days' notice in writing to
the lessor of its intention to do so;
(4) Fix the wholesale and retail prices at which the
various classes, varieties, and brands of spirituous liquor shall
be sold by the department DIVISION. Those retail prices shall
be the same
at all state liquor stores, except to the extent that a price
differential is required to collect a county sales tax levied
pursuant to section 5739.021 of the Revised Code and for which
tax the tax commissioner has authorized prepayment pursuant to
section 5739.05 of the Revised Code. In fixing selling prices,
the department or division shall compute an anticipated gross profit at
least sufficient to provide in each calendar year all costs and
expenses of the department or division and also an adequate working
capital
reserve for the department or division. The gross profit shall not
exceed forty per cent of the retail selling price based on costs of the
department or division, and in
addition the sum required by section 4301.12 of the Revised Code
to be paid into the state treasury. An amount equal to one and
one-half per cent of that gross profit shall be paid into the
alcoholism-detoxification centers fund created under section
4301.30 of the Revised Code and be appropriated by the general
assembly from the fund to the department of alcohol and drug
addiction services as provided in section 4301.30 of the Revised
Code.
On spirituous liquor manufactured in Ohio from the juice of
grapes or fruits grown in Ohio, the department or division shall
compute an anticipated gross profit of not to exceed ten per cent. The
wholesale prices shall be at a discount of not less than twelve
and one-half per cent of the retail selling prices as determined
by the department or division in accordance with this section.
(C) The department or division may approve the expansion or diminution
of a premises to which a liquor permit has been issued and may adopt standards
governing such
an expansion or diminution.
Sec. 4301.21. The sale of beer or intoxicating liquor for
consumption on the premises is subject to the following
restrictions, in addition to those imposed by the rules and
orders of the department or, beginning on July 1, 1997, the division
of liquor control:
(A) Except as otherwise provided in this chapter, beer or
intoxicating liquor may be served to a person not seated at a
table unless there is reason to believe that the beer or
intoxicating liquor so served will be consumed by a person under
twenty-one years of age.
(B) Beer or intoxicating liquor may be served by a hotel
in the room of a bona fide guest, and may be sold by a hotel
holding a D-5a permit, or a hotel holding a D-3 or D-5 permit
that otherwise meets all of the requirements for holding a D-5a
permit, by means of a controlled access alcohol and beverage
cabinet which THAT shall be located only in the hotel room of a
registered guest. A hotel may sell beer or intoxicating liquor
as authorized by its permit to a registered guest by means of a
controlled access alcohol and beverage cabinet in accordance with
the following requirements:
(1) Only a person twenty-one years of age or older who is
a guest registered to stay in a guestroom shall be provided a
key, magnetic card, or other similar device necessary to obtain
access to the contents of a controlled access alcohol and
beverage cabinet in that guestroom.
(2) The hotel shall comply with section 4301.22 of the
Revised Code in connection with the handling, restocking, and
replenishing of the beer and intoxicating liquor in the
controlled access alcohol and beverage cabinet.
(3) The hotel shall replenish or restock beer and
intoxicating liquor in any controlled access alcohol and beverage
cabinet only during the hours during which the hotel may serve or
sell beer and intoxicating liquor.
(4) The registered guest shall verify in writing that he THE
GUEST has read and understands the language which THAT shall
be posted on the controlled access alcohol and beverage cabinet as required by
division (B)(5) of this section.
(5) A hotel authorized to sell beer and intoxicating
liquor pursuant to division (B) of this section shall post on the
controlled access alcohol and beverage cabinet, in conspicuous
language, the following notice:
"The alcoholic beverages contained in this cabinet shall
not be removed from the premises."
(6) The hotel shall maintain a record of each sale of beer
or intoxicating liquor made by the hotel by means of a controlled
access alcohol and beverage cabinet for any period in which the
permit holder is authorized to hold the permit pursuant to
sections 4303.26 and 4303.27 of the Revised Code and any
additional period during which an applicant exercises its right
to appeal a rejection by the department or division of liquor control to
renew a permit pursuant to section 4303.271 of the Revised Code.
The records maintained by the hotel shall comply with both of the
following:
(a) Include the name, address, age, and signature of each
hotel guest who is provided access by the hotel to a controlled
access alcohol and beverage cabinet pursuant to division (B)(1)
of this section;
(b) Be made available during business hours to authorized
agents of the department or division of liquor control pursuant to
division (A)(6) of section 4301.10 of the Revised Code or to liquor control
investigators ENFORCEMENT AGENTS of the department of public safety
pursuant to section 5502.26 SECTIONS 5502.13 TO 5502.19
of the Revised Code.
(7) The hotel shall observe all other applicable rules
adopted by the department or division of liquor control and the liquor
control commission.
(C) Neither the seller nor the liquor control commission
by its regulations shall require the purchase of food with the
purchase of beer or intoxicating liquor; nor shall the seller of
beer or intoxicating liquor give away food of any kind in
connection with the sale of beer or intoxicating liquor, except
as authorized by rule of the liquor control commission.
(D) The seller shall not permit the purchaser to remove
beer or intoxicating liquor so sold from the premises.
(E) A hotel authorized to sell beer and intoxicating
liquor pursuant to division (B) of this section shall provide a
registered guest with the opportunity to refuse to accept a key,
magnetic card, or other similar device necessary to obtain access
to the contents of a controlled access alcohol and beverage
cabinet in that guest room. If a registered guest refuses to
accept such key, magnetic card, or other similar device, the
hotel shall not assess any charges on the registered guest for
use of the controlled access alcohol and beverage cabinet in that
guest room.
Sec. 4301.31. Except as provided in section 4301.28 of the
Revised Code, no court, other than the court of common pleas of
Franklin county, has jurisdiction of any action against the
liquor control commission, liquor control investigators ENFORCEMENT
AGENTS of the department of public safety, the director or, beginning
on
July 1, 1997, the superintendent of liquor control, or the
department or, beginning on July 1, 1997, the division of
liquor control,
to restrain the exercise of any
power or to compel the performance of any duty under Chapters
4301. and 4303. of the Revised Code. Neither the department or
division, the members of the commission, the liquor control
investigators ENFORCEMENT AGENTS, nor
the director or superintendent is personally liable
in any action at law for damages sustained by any person because
of any acts done by the department or division, the commission, the
liquor control investigators ENFORCEMENT AGENTS,
or the director or superintendent, or any employee of the
department or division, in the performance
of his OFFICIAL duties and the administration of such
THOSE chapters.
Sec. 4301.53. The judge of a court of record may issue
warrants to search a house, building, place, vehicle, watercraft,
aircraft, or conveyance for beer, alcohol, or intoxicating liquor
manufactured, possessed, stored, concealed, sold, furnished,
given away, or transported in violation of Chapters 4301. and
4303. of the Revised Code, and the containers in which the same
is found, or machinery, tools, implements, equipment, supplies,
and materials used or kept for use in manufacturing beer or
intoxicating liquor in violation of such THOSE chapters, and to
seize
any of such THAT property and things found therein IN
IT, together with the
vehicle, watercraft, aircraft, or conveyance in which the same is
found. The issuance of such THOSE warrants is subject in all
respects
to sections 2933.22 to 2933.27 of the Revised Code; except that
any such vehicle, watercraft, aircraft, or other conveyance shall
be returned to its owner upon execution by him THE OWNER of a
bond with
surety to the satisfaction of the liquor control investigator
ENFORCEMENT AGENT of the
department of public safety or other law enforcement officer making the
seizure in
an equal amount to its value, conditioned upon its return to the
custody of such AGENT OR officer on the day of trial to abide by the
judgment of the court. Upon conviction of any violation of
Chapters 4301. and 4303. of the Revised Code, any property found
in the possession of the person convicted or the person's agent or
employee shall be disposed of as provided in section 4301.45 of
the Revised Code. If the accused is discharged by the judge or
magistrate, such vehicle, watercraft, aircraft, or other
conveyance shall be returned to its owner, and any bond given
pursuant to this section shall be canceled. If the accused is
the holder of a permit issued under Chapters 4301. and 4303. of
the Revised Code, any beer, intoxicating liquor, or alcohol
seized shall be
disposed of as provided in section 4301.29 of the Revised Code,
and any other property seized shall be returned to its owner by
the officer having the custody or possession of such property.
If the accused is not the holder of such a permit in force at the
time, any beer, intoxicating liquor, or alcohol that was not
illegally manufactured shall be forfeited to the state and shall
forthwith be disposed of under section 2933.41 of the Revised
Code. Illegally manufactured beer, intoxicating liquor, or
alcohol, and other property, except as provided in this section,
shall be destroyed, and any such beer, intoxicating liquor, or
alcohol, or other property is hereby declared to be a public
nuisance.
Sec. 4301.66. No person shall hinder or obstruct any agent or employee of the
department or, beginning on July 1, 1997, the division of
liquor control, any liquor control investigator ENFORCEMENT
AGENT of the department of public safety, or any officer of the law, from
making inspection or search of any place, other than a bona fide private
residence, where beer or intoxicating liquor is possessed, kept, sold, or
given away.
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 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. 4501.10. All (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, money received by the department of
public safety from the
sale of motor vehicles and related equipment pursuant to section 125.13 of the
Revised Code shall be transferred to the highway safety salvage and exchange
administration fund, highway safety salvage and exchange bureau of motor
vehicles fund, or highway safety salvage and exchange highway patrol fund,
as
appropriate. Such funds are hereby created in the state treasury. The money
shall be used only to purchase replacement motor vehicles and related
equipment. All investment earnings of these funds shall be credited to the
funds, respectively.
(B) MONEY RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY FROM THE
SALE OF MOTOR VEHICLES AND RELATED EQUIPMENT OF THE BUREAU OF MOTOR VEHICLES
PURSUANT TO SECTION 125.13 of the Revised Code SHALL BE TRANSFERRED TO THE STATE BUREAU OF
MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 of the Revised Code.
Sec. 4501.27. (A) Except as provided
in division (B) of this section, on and after
September 13, 1997, the registrar of motor
vehicles, and any employee or contractor of the bureau of motor vehicles,
shall
not knowingly disclose or otherwise make available to any person or entity any
personal information about an individual that the bureau obtained in
connection
with a motor vehicle record.
(B)(1) On and after
September 13, 1997, the registrar of motor
vehicles, or an employee or contractor of the bureau of motor vehicles,
shall
disclose personal information about an individual that the bureau obtained in
connection with a motor vehicle record, for use in connection with any of the
following matters to carry out the purposes of any specified federal
automobile-related act:
(a) Motor vehicle or driver safety and theft;
(b) Motor vehicle emissions;
(c) Motor vehicle product alterations, recalls, or
advisories;
(d) Performance monitoring of motor vehicles and
dealers by motor vehicle manufacturers;
(e) Removal of non-owner records from the original
owner records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division
(B)(1) of this section, on and after
September 13, 1997, the registrar, or an
employee or contractor of the bureau of motor vehicles, may disclose personal
information about an individual that the bureau obtained in connection with a
motor vehicle record, as follows:
(a) For the use of a government agency, including,
but not limited to, a court or law enforcement agency, in carrying out its
functions, or for the use of a private person or entity acting on behalf of an
agency of this state, another state, the
United States, or a political subdivision of this
state or another state in carrying out its functions;
(b) For use in connection with matters regarding
motor vehicle or driver safety and theft; motor vehicle emissions; motor
vehicle product alterations, recalls, or advisories; performance monitoring of
motor vehicles, motor vehicle parts, and dealers; motor vehicle market
research
activities, including, but not limited to, survey research; and removal of
non-owner records from the original owner records of motor vehicle
manufacturers;
(c) For use in the normal course of business by a
legitimate business or an agent, employee, or contractor of a legitimate
business, but only for one of the following purposes:
(i) To verify the accuracy of personal information
submitted to the business, agent, employee, or contractor by an individual;
(ii) If personal information submitted to the
business, agent, employee, or contractor by an individual is incorrect or no
longer is correct, to obtain the correct information, but only for the purpose
of preventing fraud, by pursuing legal remedies against, or recovering on a
debt or security interest against, the individual.
(d) For use in connection with a civil, criminal,
administrative, or arbitral proceeding in a court or agency of this state,
another state, the United States, or a political subdivision of this
state or another state or before a self-regulatory body, including, but not
limited to, use in connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a judgment or
order;
(e) Pursuant to an order of a court of this state,
another state, the United States, or a political subdivision of this state or
another state;
(f) For use in research activities or in producing
statistical reports, provided the personal information is not published,
redisclosed, or used to contact an individual;
(g) For use by an insurer, insurance support
organization, or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims investigation activity,
anti-fraud activity, rating, or underwriting;
(h) For use in providing notice to the owner of a
towed, impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative
agency or licensed security service for any purpose permitted under division
(B)(2) of this section;
(j) For use by an employer or by the agent or
insurer of an employer to obtain or verify information relating to the holder
of a commercial driver's license or permit that is required under the
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-170, 49 U.S.C.
2701, et seq., as now or hereafter amended;
(k) For use in connection with the operation of a
private toll transportation facility;
(l) For any use not otherwise identified in division
(B)(2) of this section that is in response to
a request for individual motor vehicle records, if the bureau of motor
vehicles
has provided both of the following in a clear and conspicuous manner on forms
for the issuance or renewal of driver's or commercial driver's licenses, motor
vehicle certificates of title, motor vehicle registrations and identification
license plates, and identification cards:
(i) Notice that personal information collected by
the bureau on or in relation to the forms may be disclosed to any person;
(ii) An opportunity for an individual who completes
and submits any of the forms to prohibit disclosures.
(m) For bulk distribution for surveys, marketing, or
solicitations, if the bureau of motor vehicles has implemented methods and
procedures to ensure both of the following:
(i) That individuals are provided,
in a clear and
conspicuous manner,
an opportunity to prohibit uses of this nature;
(ii) The information will be used, rented, or sold
solely for bulk distribution for surveys, marketing, or solicitations, and
that
those surveys, marketing, and solicitations will not be directed at an
individual who has requested in a timely fashion that the surveys, marketing,
and solicitations not be directed at that individual.
(n) For use by a person, state, or state agency that
requests the information, if the person, state, or state agency demonstrates
that it has obtained the written consent of the individual to whom the
information pertains;
(o) For any other use specifically authorized by law
that is related to the operation of a motor vehicle or to public safety.
(C) On and after
September 13, 1997, an authorized recipient of
personal information about an individual that the bureau of motor vehicles
obtained in connection with a motor vehicle record, other than a recipient
under division (B)(2)(l)
or (m) of this section, may resell or redisclose the
personal information only for a use permitted under division
(B)(1), (B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section.
On and after September 13, 1997, an
authorized recipient of personal information about an individual under
division
(B)(2)(l) of this section
may resell or redisclose the information for any purpose. On and after
September 13, 1997, an authorized recipient of
personal information under division
(B)(2)(m) of this section
may resell or redisclose the information as specified pursuant to that
division. On and after September 13, 1997, an
authorized recipient of personal information about an individual under
division
(B) of this section, other than a recipient
under division (B)(2)(l)
of this section, that resells or rediscloses any personal information covered
by this section must keep for a period of five years a record that identifies
each person or entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and must make all
such records available to the registrar of motor vehicles upon the registrar's
request.
(D) The registrar of motor vehicles may
establish and carry out procedures under which the registrar or the
registrar's
agents, upon receipt of a request for personal information on or after
September 13, 1997, that does not satisfy any
of the criteria for disclosure of the information that are set forth in
division (B)(1) or (2) of this section, may
notify the individual about whom the information was requested, by regular
mail, that the request was made. Any procedures so adopted shall provide
that,
if the registrar or an agent of the registrar mails the notice to the
individual, the registrar or agent shall include with the notice a copy of the
request and conspicuously shall include in the notice a statement that the
information will not be released unless the individual waives the individual's
right to privacy regarding the information that is granted under this section.
(E) The registrar of motor vehicles may
adopt any forms and rules, consistent with but no more restrictive than the
requirements of Public
Law No.
130-322, Title
XXX, 18
U.S.C.
2721-2725, that are necessary to carry out the registrar's duties under this
section on and after September 13, 1997.
(F) Divisions (A) to (E) of
this section do not apply to the release of any personal information prior to
September 13, 1997.
(G) As used in this section:
(1) "Motor vehicle record" means a record that pertains to a motor
vehicle driver's or commercial driver's license or permit, a motor vehicle
certificate of title, a motor vehicle registration or motor vehicle
identification license plates, or an identification card issued by the bureau
of motor vehicles.
(2) "Person" has the same meaning as in section 1.59 of the Revised Code
and does not include this state, another state, or an agency of this state or
another state.
(3) "Personal information" means information that identifies an
individual, including, but not limited to, an individual's photograph OR
DIGITAL IMAGE, social
security number, driver or driver's license identification number, name,
telephone number, or medical or disability information, or an individual's
address other than the five-digit zip code
number. "Personal information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's status.
(4) "Specified federal automobile-related act" means the
"automobile
information
disclosure
act," 72
Stat. 325, 15
U.S.C.
1231-1233, the "Motor
Vehicle
Information and
Cost Saving
Act," 86
Stat. 947, 15
U.S.C.
1901, et seq., the "National
Traffic and
Motor Vehicle
Safety Act of
1966," 80 Stat. 718, 15
U.S.C.
1381, et seq., the
"Anti-car
Theft Act of
1992," 106 Stat. 3384, 15
U.S.C.
2021, et seq., and the "Clean
Air Act," 69
Stat. 322, 42
U.S.C.
7401, et seq., all as now or hereafter amended.
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 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 (A) of section
4503.13, 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 (A) of
section 4503.13, 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 (A) of
section 4503.13, 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.
(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 STATE BUREAU OF MOTOR VEHICLES fund
established by section 4501.14 4501.25 of the Revised Code.
(H) The
registrar may
implement 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
by means of a credit card.
The registrar may adopt rules as necessary for this purpose.
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. 4503.19. Upon the filing of an application for
registration and the payment of the tax therefor FOR
REGISTRATION, the registrar
of motor vehicles or a deputy registrar shall determine whether the owner
PREVIOUSLY has
previously been issued license plates for the motor vehicle
described in the application. If no license plates PREVIOUSLY have
previously been
issued to the owner for that motor vehicle, the registrar or deputy registrar
shall assign to the motor vehicle a distinctive number and issue
and deliver to the owner in such THE manner as
THAT the registrar may
select a certificate of registration, in such THE form as
THAT the
registrar shall
prescribe, and, except as otherwise provided in this section, two
license plates, duplicates of each other, and a validation
sticker, or a validation
sticker alone, to be attached to the number plates as
provided in section
4503.191 of the Revised Code. The registrar or deputy registrar also shall
charge the owner any fees required under division (C) of section 4503.10 of
the Revised Code. Trailers, manufactured homes, mobile homes,
semitrailers, the manufacturer thereof, the
dealer, or in transit companies therein, shall be issued one
license plate only and one validation sticker, or a validation sticker
alone, which AND THE license plate and validation sticker shall
be displayed
only on the rear of such vehicles. A commercial tractor that
does not receive an apportioned license plate under the
international registration plan shall be issued two license
plates and one validation sticker, which AND THE
validation sticker shall be displayed on the front of the
commercial tractor. An apportioned vehicle receiving an
apportioned
license plate under the international registration plan shall be
issued one license plate only and one validation sticker, or a validation
sticker alone; the license plate shall be displayed only on the front of
a semitractor and on the rear of all other vehicles. School
buses shall not be issued license plates, but shall bear
identifying numbers in the manner prescribed by section 4511.764
of the Revised Code. The certificate of registration and license plates and
validation stickers, or validation stickers
alone, shall be issued and delivered to the owner in person or by
mail. Chauffeured limousines shall be issued license plates, a
validation sticker, and a livery sticker as provided in section
4503.24 of the Revised Code. In the event of the loss,
mutilation, or destruction of any certificate of registration, or
of any license plates or validation stickers, or in the event IF
the owner
chooses to replace license plates previously issued for a motor vehicle,
or IF the registration certificate and license plates have been
impounded as
provided by division (F)(1) of section 4507.02 and division
(A)(2) of section 4507.16 of the Revised Code, the owner of a motor
vehicle, or manufacturer or dealer, may obtain from the
registrar, or from a deputy registrar if authorized by the registrar, a
duplicate thereof or new license plates bearing a different number, if the
registrar
considers it advisable, upon filing an application prescribed by the
registrar, and upon paying a fee of one dollar for such certificate of
registration, a fee of five TWO dollars for each set of two
license plates, or three dollars ONE DOLLAR for each single
license plate or
validation sticker. In addition, each applicant for a replacement
certificate of
registration, license plate, or validation sticker shall pay the fees provided
in divisions (C) and (D) of section 4503.10 of the Revised Code.
Additionally, the registrar and each deputy registrar who
either issues license plates and a validation sticker for use on
any vehicle other than a
commercial tractor, semitrailer, or apportioned vehicle, or who issues
a validation sticker alone for use on such a vehicle and the owner
has changed the owner's county of residence since the
owner last was issued county
identification stickers, also shall issue and deliver to the
owner either one or two county identification stickers, as appropriate,
which shall be attached to the
license plates in a manner
prescribed by the director of public safety. The county
identification stickers shall prominently identify PROMINENTLY
by name or number
the county in which the owner of the vehicle resides at the time of
registration.
Sec. 4505.06. (A) Application for a certificate of title
shall be made in a form prescribed by the registrar of motor
vehicles, and shall be sworn to before a notary public or other
officer empowered to administer oaths. The application shall be
filed with the clerk of the court of common pleas of the county
in which the applicant resides if the applicant is a resident of
this state or, if not a resident, in the county in which the
transaction is consummated.
An application for a certificate of title may be filed
electronically by electronic image transmission in any county in
which the clerk of the court of common pleas permits an
application to be filed electronically. The signature of an
officer empowered to administer oaths that appears on an
application for a certificate of title, or on any other document
required to be filed by this chapter that has been filed electronically, is
not a facsimile signature as defined in section 9.10 of the
Revised Code. Any payments required by
this chapter shall be considered as accompanying any
electronically transmitted application when payment actually is
received by the clerk. Payment of any fee or taxes may be made
by electronic transfer of funds.
The application for a certificate of title shall be accompanied
by the fee prescribed in section 4505.09 of the Revised Code; and
if a certificate of title previously has been issued for the
motor vehicle in this state, it shall be accompanied by that
certificate of title duly assigned, unless otherwise provided in
this chapter. If a certificate of title previously has not been
issued for the motor vehicle in this state, the application,
unless otherwise provided in this chapter, shall be accompanied
by a manufacturer's or importer's certificate or by a certificate of title,
bill of sale, or
other evidence of ownership required by the law of another state
from which the motor vehicle was brought into this state. If the
application refers to a motor vehicle last previously registered
in another state, the application also shall be accompanied by
the physical inspection certificate required by section 4505.061
of the Revised Code. If the application is made by two persons
regarding a motor vehicle in which they wish to establish joint
ownership with right of survivorship they may do so as provided
in section 2106.17 of the Revised Code. The clerk shall retain
the evidence of title presented by the applicant and on which the
certificate of title is issued. The clerk shall use reasonable
diligence in ascertaining whether or not the facts in the
application are true by checking the application and documents
accompanying it with the records of motor vehicles in the clerk's office;
if satisfied that the applicant is the owner of the motor vehicle
and that the application is in the proper form, the clerk, within
five business days after the application is filed, shall issue a
certificate of title over the clerk's signature and
sealed with the clerk's seal. For purposes of the transfer of a certificate
of title, if the clerk is satisfied that the secured party has duly discharged
a lien notation, but has not canceled the lien notation with the
clerk of the county of origin, the clerk may cancel the lien notation on
the automated title processing system and notify the clerk of the
county of origin.
In the case of the sale of a motor vehicle to a general buyer or user
by a dealer, by a motor vehicle leasing dealer selling the motor
vehicle to the lessee or, in a case in which the leasing dealer subleased the
motor vehicle, the sublessee, at the end of the lease agreement or sublease
agreement, or by a manufactured home
broker, the certificate of title shall be
obtained in the name of the buyer by the dealer, leasing
dealer, or the manufactured home
broker, as the case may be, upon application signed by
the buyer. The certificate of title shall be issued within
five business days after the application for title is filed with
the clerk. If the buyer of the motor vehicle previously leased the motor
vehicle and
is buying the motor vehicle at the end of the lease pursuant to that lease,
the certificate of title shall be obtained in the name of the buyer by the
motor vehicle leasing dealer who previously leased the motor vehicle to the
buyer or by the motor vehicle leasing dealer who subleased the motor vehicle
to the buyer under a sublease agreement.
In all other cases, except as provided in division (D)(2)
of section 4505.11 of the Revised Code, such certificates shall
be obtained by the buyer. In all cases of transfer of
a motor vehicle, the application for certificate of title shall be
filed within thirty days after the assignment or delivery of the
motor vehicle. If an application for a certificate of title is
not filed within that period, the clerk shall collect a fee of
five dollars for the issuance of the certificate, except that no
such fee shall be required from a motor vehicle salvage dealer,
as defined in division (A) of section 4738.01 of the Revised
Code, who immediately surrenders the certificate of title for
cancellation. The fee shall be in addition to all other fees
established by this chapter, and shall be retained by the clerk. The
registrar shall provide, on the certificate of title form
prescribed by section 4505.07 of the Revised Code, language
necessary to give evidence of the date on which the assignment or
delivery of the motor vehicle was made.
As used in this division, "lease agreement," "lessee," and "sublease
agreement" have the same meanings as in section 4505.04 of the Revised Code.
(B) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in which the
certificate shall be obtained by the buyer, submits with the
application payment of the tax levied by or pursuant to Chapters
5739. and 5741. of the Revised Code. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the tax
commissioner showing payment of the tax or a receipt issued by the
commissioner showing the payment of the tax. When submitting payment of the
tax to the clerk, a dealer shall retain any discount to which the dealer is
entitled under section 5739.12 of the Revised Code.
For receiving and disbursing such taxes paid to the clerk,
the clerk may retain a poundage fee of one and one one-hundredth per cent,
which shall be paid into the certificate of title
administration fund created by section 325.33 of the
Revised Code.
In the case of casual sales of motor vehicles, as defined
in section 4517.01 of the Revised Code, the price
for the purpose of determining the tax shall be the purchase
price on the assigned certificate of title executed
by the seller and filed with the clerk by the
buyer on a form to be prescribed by the registrar, which shall
be prima-facie evidence of the amount for the determination of the tax.
(C)(1) If the transferor indicates on the certificate of title
that the odometer reflects mileage in excess of the designed
mechanical limit of the odometer, the clerk shall enter the
phrase "exceeds mechanical limits" following the mileage
designation. If the transferor indicates on the certificate of
title that the odometer reading is not the actual mileage, the
clerk shall enter the phrase "nonactual: warning -
odometer discrepancy" following the mileage designation. The clerk shall use
reasonable care in transferring the information supplied
by the transferor, but is not liable for any errors or omissions
of the clerk or those of the clerk's deputies in the
performance of the clerk's duties created by this chapter.
The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the "Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this
section does not require the giving of information
concerning the odometer and odometer reading of a motor vehicle
when ownership of a motor vehicle is being transferred as a
result of a bequest, under the laws of intestate succession, to a
surviving spouse pursuant to section 2106.17, 2106.18, or 4505.10
of the Revised Code, or in connection with the creation of a
security interest.
(D) When the transfer to the applicant was made in some
other state or in interstate commerce, the clerk, except as
provided in this section, shall refuse to issue any certificate
of title unless the tax imposed by or pursuant to Chapter
5741. of the Revised Code has
been paid as evidenced by a receipt issued by the tax commissioner, or
unless the applicant submits with the application payment of
the tax. Upon payment of the tax in accordance with division
(E) of this section, the clerk shall issue a
receipt prescribed by the
registrar and agreed upon by the tax commissioner, showing
payment of the tax. For receiving and disbursing such taxes paid
to the clerk, the clerk may retain a poundage fee of one
per cent. When the vendor is not regularly engaged in the
business of selling
motor vehicles, the vendor shall not be required to purchase a vendor's
license or make reports concerning such sales.
(E) The clerk shall accept any payment of a tax in cash, or by certified
check, draft, or money order payable to the clerk and submitted with an
application
for a certificate of title under division (B)
or (D) of this section. The clerk also may
accept payment of the tax by corporate, business, or personal check, credit
card, electronic transfer or wire transfer, debit card, or any other accepted
form of payment made payable to the clerk. The clerk may require bonds,
guarantees, or letters of credit to ensure the collection of corporate,
business, or personal
checks. Any service fee charged by a third party to a clerk for the use of
any form of payment may be paid by the clerk from the certificate of title
administration fund created in section 325.33 of the Revised Code, or may be
assessed by the clerk upon the applicant as an additional fee. Upon
collection, the additional fees shall be paid by the clerk into that
certificate of title administration fund.
The clerk shall make a good faith effort to collect any payment of taxes
due but not made because the payment was returned or dishonored, but the clerk
is not personally liable for the payment of uncollected taxes or uncollected
fees. The clerk
shall notify the tax commissioner of any such payment of taxes that is due but
not made and shall furnish such information to the commissioner as the
commissioner requires. The clerk shall deduct the amount of taxes due but not
paid from the clerk's periodic remittance of tax payments, in accordance with
procedures agreed upon by the tax commissioner. The commissioner may collect
taxes due by assessment in the manner provided in section 5739.13 of the Revised Code.
Any person who presents payment that is returned or dishonored for any
reason is liable to the clerk for payment of a penalty over and above the
amount of the taxes due. The clerk shall determine the amount of the penalty,
which shall be no greater than that amount necessary to compensate the clerk
for banking charges, legal fees, or other expenses incurred by the clerk in
collecting the returned or dishonored payment. The remedies and procedures
provided in this section are in addition to any other available civil or
criminal remedies. Subsequently collected penalties, poundage, and title
fees, less
any title fee due the state, from returned or dishonored payments collected by
the clerk shall be paid into the certificate of title administration fund.
Subsequently collected taxes, less poundage, shall be sent by the clerk to the
treasurer of state at the next scheduled periodic remittance of tax payments,
with such information as the commissioner may require. The clerk may abate
all or any part of any penalty assessed under this division.
(F) In the following cases, the clerk shall accept for
filing such application and shall issue a certificate of title
without requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its
political subdivisions, a church, or an organization whose
purchases are exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail
sale as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in
interstate commerce and the purpose of the purchaser is not to
use, store, or consume within the meaning of section 5741.01 of
the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this
state for use outside this state;
(6) When the motor vehicle is purchased by a nonresident
of this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by division (B)(23) of section 5739.02 of the Revised Code, and
upon presentation of a copy of the affidavit provided by that
section, and a copy of the exemption certificate provided by
section 5739.03 of the Revised Code.
The clerk shall forward all payments of taxes, less
poundage fee, to the treasurer of state in a manner to be
prescribed by the tax commissioner and shall furnish such information
to the commissioner as the commissioner requires.
(G) An application, as prescribed by the registrar
and agreed to by the tax commissioner, shall be filled out and sworn
to by the buyer of a motor vehicle in a casual sale. The
application shall contain the following notice in bold lettering:
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are required by law to state the true selling price. A false statement is in
violation of section 2921.13 of
the Revised Code and is punishable by six months' imprisonment or
a fine of up to one thousand dollars, or both. All transfers are
audited by the department of taxation. The seller and buyer must
provide any information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due."
(H) The FOR SALES OF MANUFACTURED HOMES OR MOBILE HOMES OCCURRING
ON OR AFTER JANUARY 1, 2000, THE clerk shall accept for filing,
pursuant to
Chapter 5739. of the Revised Code, an application for a
certificate of title for a manufactured home or mobile home
without requiring payment of any tax pursuant to section
5739.02, 5741.021, 5741.022, or 5741.023 of the
Revised Code, or a receipt issued by
the tax commissioner showing payment of the tax. The FOR SALES OF
MANUFACTURED HOMES OR MOBILE HOMES OCCURRING ON OR AFTER JANUARY 1,
2000, THE applicant shall pay to
the clerk a fee of five dollars
for each certificate of title issued by the clerk for a
manufactured or mobile home. The clerk shall credit the fee to the
county title administration fund, and the fee shall be used to
pay the expenses of archiving such certificates pursuant to
division (A) of section 4505.08
and division (H)(3) of section
4505.11 of the Revised Code. The tax commissioner
shall administer any tax on a manufactured or mobile home
pursuant to Chapters 5739. and 5741. of the
Revised Code.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 1999.
Sec. 4507.011. (A) Each deputy registrar assigned to a
driver's license examining station by the registrar of motor
vehicles as provided in section 4507.01 of the Revised Code shall
remit to the superintendent of the state highway patrol a rental
fee equal to the percentage of space occupied by the deputy
registrar in the driver's license examining station multiplied by
the rental fee paid for the entire driver's license examining
station plus a pro rata share of all utility costs. All such
moneys received by the superintendent shall be deposited in the
state treasury to the credit of the registrar rental fund, which
is hereby created. The moneys in the fund shall be used by the
state highway patrol only to pay the rent and expenses of the
driver's license examining stations. All investment earnings of
the fund shall be credited to the fund.
(B) Each deputy registrar assigned to a bureau of motor
vehicles' location shall reimburse the registrar a monthly
building rental fee, including applicable utility charges. All
such moneys received by the registrar shall be deposited into the
state treasury to the credit of the facility rentals BUREAU OF MOTOR
VEHICLES fund, which
is hereby created IN SECTION 4501.25 of the Revised Code. The moneys in the
fund shall be used by the registrar to obtain or lease and maintain deputy
registrar facilities. All investment earnings of the fund shall be credited
to the fund.
Sec. 4507.02. (A)(1) No person, except those expressly
exempted under sections 4507.03, 4507.04, and 4507.05 of the
Revised Code, shall operate any motor vehicle upon a highway or
any public or private property used by the public for purposes of
vehicular travel or parking in this state unless the person has a
valid driver's license issued under this chapter or a commercial
driver's license issued under Chapter 4506. of the Revised Code.
(2) No person shall permit the operation of a motor
vehicle upon any public or private property used by the public
for purposes of vehicular travel or parking knowing the operator
does not have a valid driver's license issued to the operator by
the registrar of motor vehicles under this chapter or a valid
commercial driver's license issued under Chapter 4506. of the
Revised Code.
(3) No person, except a person expressly exempted under
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall
operate any motorcycle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking in this state unless the person has a valid license as a
motorcycle operator, that was issued upon application by the
registrar under this chapter. The license shall be in the form
of an endorsement, as determined by the registrar, upon a
driver's or commercial driver's license, if the person has a
valid license to operate a motor vehicle or commercial motor
vehicle, or in the form of a restricted license as provided in
section 4507.14 of the Revised Code, if the person does not have
a valid license to operate a motor vehicle or commercial motor
vehicle.
(4) No person shall receive a driver's license, or a
motorcycle operator's endorsement of a driver's or commercial
driver's license, unless and until the person surrenders to
the registrar
all valid licenses issued to the person by another
jurisdiction
recognized by this state. All surrendered licenses shall be
returned by the registrar to the issuing authority, together with
information that a license is now issued in this state. No
person shall be permitted to have more than one valid license at
any time.
(B)(1) No person, whose driver's or commercial driver's
license or permit or nonresident's operating privilege has been
suspended or revoked pursuant to Chapter 4509. of the Revised
Code, shall operate any motor vehicle within this state, or
knowingly permit any motor vehicle owned by the person to be
operated by
another person in the state, during the period of the suspension
or revocation, except as specifically authorized by Chapter 4509.
of the Revised Code. No person shall operate a motor vehicle
within this state, or knowingly permit any motor vehicle owned by
the person to be operated by another person in the state,
during the
period in which the person is required by section 4509.45 of
the Revised
Code to file and maintain proof of financial responsibility for a
violation of section 4509.101 of the Revised Code, unless proof
of financial responsibility is maintained with respect to that
vehicle.
(2) No person shall operate any motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking in this state in
violation of any restriction of the person's driver's or
commercial driver's license imposed under division (D) of section
4506.10 or section 4507.14 of the Revised Code.
(C) No person, whose driver's or commercial driver's
license or permit has been suspended pursuant to section
4511.191, section 4511.196, or division (B) of section 4507.16 of
the Revised Code, shall operate any motor vehicle within this
state until the person has paid the license reinstatement fee
required
pursuant to division (L) of section 4511.191 of the Revised Code
and the license or permit has been returned to the person or a
new license or permit has been issued to the person.
(D)(1) No person, whose driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended or revoked under any provision of the Revised Code
other than Chapter 4509. of the Revised Code or under any
applicable law in any other jurisdiction in which the person's
license or permit was issued, shall operate any motor vehicle
upon the highways or streets within this state during the period
of the suspension or within one year after the date of the
revocation. No person who is granted occupational driving
privileges by any court shall operate any motor vehicle upon the
highways or streets in this state except in accordance with the
terms of the privileges.
(2) No person, whose driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended under division (B) of section 4507.16 of the Revised
Code, shall operate any motor vehicle upon the highways or
streets within this state during the period of suspension. No
person who is granted occupational driving privileges by any
court shall operate any motor vehicle upon the highways or
streets in this state except in accordance with the terms of
those privileges.
(E)(1) It is an affirmative defense to any prosecution
brought pursuant to division (B), (C), or (D) of this section
that the alleged offender drove under suspension or in violation
of a restriction because of a substantial emergency, provided
that no other person was reasonably available to drive in
response to the emergency.
(2) IT IS AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION BROUGHT
PURSUANT TO DIVISION (B)(1) OF THIS SECTION THAT THE ORDER OF
SUSPENSION RESULTED FROM THE FAILURE OF THE ALLEGED OFFENDER TO RESPOND TO A
FINANCIAL RESPONSIBILITY RANDOM VERIFICATION
REQUEST UNDER DIVISION (A)(3)(c) OF SECTION 4509.101
OF THE
REVISED CODE AND THAT, UPON A
SHOWING OF PROOF OF FINANCIAL RESPONSIBILITY, THE ALLEGED OFFENDER WAS IN
COMPLIANCE WITH DIVISION
(A)(1) OF SECTION 4509.101 OF THE REVISED CODE AT
THE TIME OF THE
INITIAL FINANCIAL RESPONSIBILITY RANDOM VERIFICATION REQUEST.
(F)(1) If a person is convicted of a violation of division
(B), (C), or (D) of this section, the trial judge of any court,
in addition to or independent of, any other penalties provided by
law or ordinance, shall impound the identification license plates
of any motor vehicle registered in the name of the person. The
court shall send the impounded license plates to the registrar,
who may retain the license plates until the driver's or
commercial driver's license of the owner has been reinstated or
destroy them pursuant to section 4503.232 of the Revised Code.
If the license plates of a person convicted of a violation
of division (B), (C), or (D) of this section have been impounded
in accordance with the provisions of this division, the court
shall notify the registrar of that action. The notice shall
contain the name and address of the driver, the serial number of
the driver's driver's or commercial driver's license, the
serial numbers
of the license plates of the motor vehicle, and the length of
time for which the license plates have been impounded. The
registrar shall record the data in the notice as part of the
driver's permanent record.
(2) Any motor vehicle owner who has had the license plates
of a motor vehicle impounded pursuant to division (F)(1) of this
section may apply to the registrar, or to a deputy registrar, for
special license plates which shall conform to the requirements of
section 4503.231 of the Revised Code. The registrar or deputy
registrar forthwith shall notify the court of the application
and, upon approval of the court, shall issue special license
plates to the applicant. Until the driver's or commercial
driver's license of the owner is reinstated, any new license
plates issued to the owner also shall conform to the
requirements of
section 4503.231 of the Revised Code.
The registrar or deputy
registrar shall charge the owner of a vehicle the
fees provided in section 4503.19 of the Revised Code for special
license plates that are issued in accordance
with this division, except upon renewal as specified in section
4503.10 of the Revised Code, when the regular fee as provided in
section 4503.04 of the Revised Code shall be charged. The registrar or
deputy registrar shall charge the owner of a
vehicle the fees provided in section 4503.19 of the Revised Code whenever special license
plates are exchanged, by reason of the
reinstatement of the driver's or commercial driver's license of
the owner, for those ordinarily issued.
(3) If an owner wishes to sell a motor vehicle during the
time the special license plates provided under division (F)(2) of
this section are in use, the owner may apply to the court
that impounded
the license plates of the motor vehicle for permission to
transfer title to the motor vehicle. If the court is satisfied
that the sale will be made in good faith and not for the purpose
of circumventing the provisions of this section, it may certify
its consent to the owner and to the registrar of motor vehicles
who shall enter notice of the transfer of the title of the motor
vehicle in the vehicle registration record.
If, during the time the special license plates provided
under division (F)(2) of this section are in use, the title to a
motor vehicle is transferred by the foreclosure of a chattel
mortgage, a sale upon execution, the cancellation of a
conditional sales contract, or by order of a court, the court
shall notify the registrar of the action and the registrar shall
enter notice of the transfer of the title to the motor vehicle in
the vehicle registration record.
(G) This section is not intended to change or modify any
provision of Chapter 4503. of the Revised Code with respect to
the taxation of motor vehicles or the time within which the taxes
on motor vehicles shall be paid.
Sec. 4509.101. (A)(1) No person shall operate, or permit
the operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout
the registration period with respect to that vehicle, or, in the
case of a driver who is not the owner, with respect to that
driver's operation of that vehicle.
(2) Whoever violates division (A)(1) of this section shall
be subject to the following civil penalties:
(a) Suspension of the person's operating privileges and
impoundment of the person's license until the person complies
with division (A)(5) of this section. The suspension shall be
for a period of not less than ninety days except that if, within
five years of the violation, the person's operating privileges
are again suspended and the person's license is impounded
one or more
times for a violation of division (A)(1) of this section, the
suspension shall be for a period of not less than one year. Except as
provided by section 4509.105 of the Revised Code, the suspension is not
subject to revocation, suspension, or
occupational or other limited operating privileges.
(b) In addition to the suspension of an owner's license
under division (A)(2)(a) of this section, the suspension of the
rights of the owner to register the motor vehicle and the
impoundment of the owner's certificate of registration and
license plates until the owner complies with division (A)(5)
of this section.
(3) A person to whom this state has issued a certificate
of registration for a motor vehicle or a license to operate a
motor vehicle or who is determined to have operated any motor
vehicle or permitted the operation in this state of a motor
vehicle owned by the person shall be required to verify the
existence of proof of financial responsibility covering the
operation of the motor vehicle or the person's operation of the
motor vehicle under any of the following circumstances:
(a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code.
(b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of
this section.
(c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification.
(4) An order of the registrar that suspends and
impounds a license or
registration, or both, shall state the date on or before which
the person is required to surrender the person's license or
certificate of registration and license plates. The person
is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the
order, if the person does either of the following:
(a) On or before the date specified in the order,
personally delivers the license or certificate of registration
and license plates, or causes the delivery of the items, to
the registrar;
(b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container bearing a
postmark showing
a date no later than the date specified in the order.
(5) The EXCEPT AS PROVIDED IN DIVISION (A)(6) OF THIS
SECTION, THE registrar shall not restore any operating
privileges or registration rights suspended under this section,
return any license, certificate of registration, or license
plates impounded under this section, or reissue license plates
under section 4503.232 of the Revised Code, if the registrar
destroyed the impounded license plates under that section,
or reissue a license under section 4507.54 of the Revised Code,
if the registrar destroyed the suspended license under that
section, unless the rights are not subject to suspension or
revocation under any other law and unless the person, in addition
to complying with all other conditions required by law for
reinstatement of the operating privileges or registration rights,
complies with all of the following:
(a) Pays a financial responsibility reinstatement fee of
seventy-five dollars for the first violation of division (A)(1)
of this section, two hundred fifty dollars for a second violation
of that division, and five hundred dollars for a third or
subsequent violation of that division;
(b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the order,
pays a financial responsibility nonvoluntary compliance fee in an
amount, not to exceed fifty dollars, determined by the registrar;
(c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code.
(6) IF THE REGISTRAR ISSUES AN ORDER UNDER DIVISION
(A)(2) OF THIS
SECTION RESULTING FROM THE FAILURE OF A PERSON TO RESPOND TO A FINANCIAL
RESPONSIBILITY RANDOM VERIFICATION REQUEST UNDER
DIVISION (A)(3)(c) OF THIS SECTION AND THE PERSON
SUCCESSFULLY
MAINTAINS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SECTION 4507.02 OF THE
REVISED CODE OR IS DETERMINED BY THE REGISTRAR OR A DEPUTY
REGISTRAR TO HAVE BEEN IN COMPLIANCE WITH DIVISION (A)(1) OF THIS
SECTION AT THE TIME OF THE INITIAL FINANCIAL RESPONSIBILITY RANDOM
VERIFICATION REQUEST, THE
REGISTRAR SHALL DO BOTH OF THE FOLLOWING:
(a) TERMINATE THE ORDER OF SUSPENSION OR IMPOUNDMENT;
(b) RESTORE THE OPERATING PRIVILEGES AND REGISTRATION RIGHTS OF
THE PERSON WITHOUT PAYMENT OF THE FEES ESTABLISHED IN DIVISIONS
(A)(5)(a) AND (b) OF THIS SECTION AND
WITHOUT A REQUIREMENT TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
(B)(1) Every party required to
file an accident report under section 4509.06 of the Revised Code also shall
include with the report a document described in division (G)(1) of this
section.
If the registrar determines, within forty-five days after
the report is filed, that an operator or owner has violated
division (A)(1) of this section, the registrar shall do all of the
following:
(a) Order the impoundment, with respect to the motor
vehicle involved, required under division (A)(2)(b) of this
section, of the certificate of registration and license
plates of any owner who has violated division (A)(1) of this
section;
(b) Order the suspension required under division (A)(2)(a)
of this section of the license of any operator or owner who has
violated division (A)(1) of this section;
(c) Record the name and address of the person whose
certificate of registration and license plates have been
impounded or are under an order of impoundment, or whose license
has been suspended or is under an order of suspension; the serial
number of the person's license; the serial numbers of
the person's certificate of
registration and license plates; and the person's social
security account number, if assigned, or, where the motor vehicle
is used for hire or principally in connection with any
established business, the person's federal taxpayer
identification number. The information shall be recorded in such
a manner that it becomes a part of the person's permanent record,
and assists the registrar in monitoring compliance with the
orders of suspension or impoundment.
(d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on
the records of the bureau. The person, within ten days
after the date of the mailing of the notification, shall surrender to
the registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension.
(2) The registrar shall issue any order under division
(B)(1) of this section without a hearing. Any person
adversely
affected by the order, within ten days after the issuance of
the order, may request an administrative hearing before the
registrar, who shall provide the person with an opportunity for a
hearing in accordance with this paragraph. A request for a
hearing does not operate as a suspension of the order. The scope
of the hearing shall be limited to whether the person in fact
demonstrated to the registrar proof of financial responsibility
in accordance with this section. The registrar shall determine
the date, time, and place of any hearing, provided that the
hearing shall be held, and an order issued or findings made,
within thirty days after the registrar receives a request for a
hearing. If requested by the person in writing, the registrar
may designate as the place of hearing the county seat of the
county in which the person resides or a place within fifty miles
of the person's residence. The person shall pay the cost of the
hearing before the registrar, if the registrar's order of
suspension or impoundment is upheld.
(C) Any order of suspension or impoundment issued under
this section or division (B) of section 4509.37 of the Revised
Code may be terminated at any time if the registrar determines
upon a showing of proof of financial responsibility that the
operator or owner of the motor vehicle was in compliance with
division (A)(1) of this section at the time of the traffic
offense, motor vehicle inspection, or accident that
resulted in
the order against the person. A determination may be made
without a hearing. This division does not apply unless the
person shows good cause for the person's failure to present
satisfactory proof of financial responsibility to the
registrar prior to the issuance of the order.
(D)(1) For the purpose of enforcing this section, every
peace officer is deemed an agent of the registrar. Any
(a) EXCEPT AS PROVIDED IN DIVISION
(D)(1)(b) OF THIS SECTION, ANY peace
officer who, in the performance of the peace officer's duties as
authorized by
law, becomes aware of a person whose license is under an order of
suspension, or whose certificate of registration and license
plates are under an order of impoundment, pursuant to this
section, may confiscate the license, certificate of
registration, and license plates, and return them to the
registrar.
(b) ANY PEACE OFFICER WHO, IN THE PERFORMANCE OF THE PEACE
OFFICER'S DUTIES AS AUTHORIZED BY LAW, BECOMES AWARE OF A PERSON WHOSE LICENSE
IS UNDER AN ORDER OF
SUSPENSION, OR WHOSE CERTIFICATE OF REGISTRATION AND LICENSE
PLATES ARE UNDER AN ORDER OF IMPOUNDMENT RESULTING FROM FAILURE TO
RESPOND TO A FINANCIAL RESPONSIBILITY RANDOM VERIFICATION, SHALL
NOT, FOR THAT REASON, ARREST THE OWNER OR OPERATOR OR SEIZE THE VEHICLE OR
LICENSE PLATES. INSTEAD, THE PEACE OFFICER SHALL ISSUE A CITATION FOR A
VIOLATION OF DIVISION (B)(1) OF SECTION 4507.02 OF THE
REVISED CODE SPECIFYING THE
CIRCUMSTANCES AS FAILURE TO RESPOND TO A FINANCIAL RESPONSIBILITY RANDOM
VERIFICATION.
(2) A peace officer shall request the owner or operator of
a motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the
time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code.
(3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section.
The
peace officer shall inform every person who receives a traffic
ticket and who has failed to produce proof of
the
maintenance of financial responsibility that the person
must submit proof to the traffic violations bureau with any payment of a
fine and costs for the ticketed violation or, if the person is to
appear in court for the
violation, the person must submit proof
to the court.
(4)(a) If a person who has failed to produce proof
of
the maintenance of financial responsibility appears in court for a ticketed
violation, the court may permit the defendant to present
evidence
of proof of financial responsibility to the court at such time
and in such manner as the court determines to be necessary or
appropriate. The clerk of courts shall provide the registrar
with the identity of any person who fails to submit proof of the
maintenance of financial responsibility pursuant to division
(D)(3) of this section.
(b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that proof to the
traffic violations bureau with payment of a fine and costs for the ticketed
violation, the traffic violations bureau shall notify the registrar of the
identity of that person.
(5)(a) Upon receiving notice from a clerk of courts or traffic
violations bureau pursuant to division (D)(4) of this section,
the registrar shall
order the suspension of the license of the person required under division
(A)(2)(a) of this section and the impoundment of the
person's certificate of registration and license plates required under
division (A)(2)(b) of this section, effective thirty
days after the date of the mailing of notification. The registrar also
shall notify the person
that the person must present the registrar with proof of financial
responsibility in accordance with this section, surrender to the
registrar the person's certificate of registration,
license plates,
and license, or submit a statement subject to section 2921.13 of
the Revised Code that the person did not operate or permit
the operation
of the motor vehicle at the time of the offense.
Notification
shall be in writing and shall be sent to the person at the person's
last known address as shown on the records of the bureau of motor
vehicles. The person, within fifteen days after the date
of the mailing of notification, shall present proof of financial
responsibility, surrender the certificate of registration,
license plates, and license to the registrar in a
manner set
forth in division (A)(4) of this section, or submit the statement
required under this section together with other information the
person considers appropriate.
If the registrar does not receive proof or the person
does not surrender the certificate
of registration, license plates,
and license, in accordance with this division, the registrar shall permit
the order
for the suspension of the license of the person
and the
impoundment of the person's
certificate of registration and license plates
to take effect.
(b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility, the registrar shall terminate the order of
suspension and the impoundment of the registration and license plates required
under division (A)(2)(b) of this section and shall send written notification
to the person, at the person's last known address as shown on the records of
the bureau. license
(c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of this section,
within ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide
the person with an opportunity for a hearing in accordance with
this paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be
limited to whether the person in fact demonstrated to the
registrar proof of financial responsibility in accordance with
this section. The registrar shall determine the date, time, and
place of any hearing; provided, that the hearing shall be held,
and an order issued or findings made, within thirty days after
the registrar receives a request for a hearing. If requested by
the person in writing, the registrar may designate as the place
of hearing the county seat of the county in which the person
resides or a place within fifty miles of the person's residence.
Such person shall pay the cost of the hearing before the
registrar, if the registrar's order of suspension or impoundment
under division (D)(5)(a) or (b) of this section is upheld.
(6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of division (B)(1) of section
4507.02 of the Revised Code when the owner or operator fails to
show proof of the maintenance of financial responsibility
pursuant to a peace officer's request under division (D)(2)
of this section, if a check of the owner or operator's driving
record indicates that the owner or operator, at the time of the
operation of the motor vehicle, is required to file and maintain
proof of financial responsibility under section 4509.45 of the
Revised Code for a previous violation of this chapter.
(7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid for by the
registrar.
(8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action
for damages or loss to persons arising out of the performance of
any duty required or authorized by this section.
(9) As used in this division and divisions
(E) and (G) of
this section, "peace officer" has the meaning set forth in
section 2935.01 of the Revised Code.
(E) All fees, except court costs, collected under this
section shall be paid into the state treasury to the credit of
the financial responsibility compliance fund. The financial
responsibility compliance fund shall be used exclusively to cover
costs incurred by the bureau in the administration of this
section and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, and by any law enforcement agency employing any
peace officer who returns any license, certificate of
registration, and license plates to the registrar pursuant
to division (C) of this section, except that the director
of
budget and management may transfer excess money from the
financial responsibility compliance fund to the state
bureau of motor vehicles fund if the registrar determines that the amount of
money
in the financial responsibility compliance fund exceeds the
amount required to cover such costs incurred by the bureau or a
law enforcement agency and requests the director to make the
transfer.
All investment earnings of the financial responsibility
compliance fund shall be credited to the fund.
(F) Chapter 119. of the Revised Code applies to this
section only to the extent that any provision in that chapter is
not clearly inconsistent with this section.
(G)(1) The registrar, court, traffic violations
bureau, or peace officer may require
proof of financial responsibility to be demonstrated by use of a
standard form prescribed by the registrar. If the use of a
standard form is not required, a person may demonstrate proof of
financial responsibility under this section by presenting to the
traffic violations bureau, court, registrar, or peace officer
any of the following documents
or a copy of the documents:
(a) A financial responsibility identification card as
provided in section 4509.104 of the Revised Code;
(b) A certificate of proof of financial responsibility on
a form provided and approved by the registrar for the filing of
an accident report required to be filed under section 4509.06 of
the Revised Code;
(c) A policy of liability insurance, a declaration page of
a policy of liability insurance, or liability bond, if the policy
or bond complies with section 4509.20 or sections 4509.49 to
4509.61 of the Revised Code;
(d) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code;
(e) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;
(f) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of
this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate.
(3) A motor carrier certificated by the interstate
commerce commission or by the public utilities commission may
demonstrate proof of financial responsibility by providing a
statement designating the motor carrier's operating authority and
averring that the insurance coverage required by the
certificating authority is in full force and effect.
(4)(a) A finding by the registrar or court that a person
is covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section.
(b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this division does not do any of the following:
(i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives;
(ii) Constitute an admission of the existence of, or of
any liability or coverage under, any policy or bond;
(iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility.
(c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document accepted by a court or the registrar as proof
of financial responsibility covering the operation of a motor
vehicle at the time of an accident or offense, is not liable to
pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous
contrary finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section.
(H) In order for any document described in division
(G)(1)(b) of this section to be used for the demonstration
of
proof of financial responsibility under this section, the
document shall state the name of the insured or obligor, the name
of the insurer or surety company, and the effective and
expiration dates of the financial responsibility, and designate
by explicit description or by appropriate reference all motor
vehicles covered which may include a reference to fleet insurance
coverage.
(I) For purposes of this section, "owner" does not include
a licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised
Code.
Nothing in this section or in section 4509.51 of the Revised Code shall be
construed to prohibit a motor vehicle renting dealer
from entering into a contractual agreement with a person whereby
the person renting the motor vehicle agrees to be solely responsible for
maintaining proof of
financial responsibility, in accordance with this section, with
respect to the operation, maintenance, or use of the motor vehicle during the
period
of the motor vehicle's rental.
(J) The purpose of this section is to require the
maintenance of proof of financial responsibility with respect to
the operation of motor vehicles on the highways of this state, so
as to minimize those situations in which persons are not
compensated for injuries and damages sustained in motor vehicle
accidents. The general assembly finds that this section contains
reasonable civil penalties and procedures for achieving this
purpose.
(K) Nothing in this section shall be construed to be
subject to section 4509.78 of the Revised Code.
(L) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain
proof of financial responsibility and provisions relating to
reinstatement of registration rights, acceptable forms of proof
of financial responsibility, and verification of the existence of
financial responsibility during the period of registration.
Sec. 4561.021. There is hereby created in the division of transportation
assistance MULTI-MODAL PLANNING AND PROGRAMS of the department of
transportation the office of
aviation. The director of transportation
shall appoint the administrator
of the office of aviation, who shall serve at the
pleasure of the director. The administrator of the
office of aviation shall be responsible to the director for
the organization, direction, and supervision of the work of the
office and the exercise of the powers and the performance of the duties
assigned to the office. Subject to Chapter 124. of the Revised Code and civil
service regulations, the administrator, with the approval of the director,
shall select and appoint the necessary employees. The director
also may employ experts for assistance in any specific matter at a reasonable
rate of compensation.
Sec. 4561.20. Upon transfer of the title to any aircraft upon which the
current license tax has been paid, the transferor shall deliver to the
transferee the certificate of registration for such THE
aircraft. The EXPIRES, AND THE transferee
shall within forty-eight hours thereafter, return such SUBMIT AN
APPLICATION FOR A NEW certificate of
registration to the director of transportation, together with
an. THE application
for transfer THE NEW CERTIFICATE of registration on a form
prepared by the department of
transportation showing the date of transfer of title and the transferee's name
and address. A transfer fee of one dollar shall accompany such
application BE MADE IN ACCORDANCE WITH SECTION 4561.18 of the Revised Code, AND THE
TRANSFEREE SHALL PAY THE APPLICABLE LICENSE TAX SPECIFIED IN THAT SECTION.
Sec. 4561.341. Pursuant to any consultation with the power
siting board regarding an application for certification under
section 4906.03 or 4906.10 of the Revised Code, the office of
aviation of the division of transportation
assistance MULTI-MODAL PLANNING AND PROGRAMS of the department of
transportation shall review the
application to determine whether the facility constitutes or will
constitute an obstruction to air navigation based upon the rules
adopted under section 4561.32 of the Revised Code. Upon review
of the application, if the office determines that the facility
constitutes or will constitute an obstruction to air navigation,
it shall provide, in writing, this determination and either the
terms, conditions, and modifications that are necessary for the
applicant to eliminate the obstruction or a statement that
compliance with the obstruction standards may be waived, to the
power siting board under section 4906.03 or 4906.10 of the
Revised Code, as appropriate.
Sec. 4563.01. As used in sections 4563.01 to 4563.21 of
the
Revised Code:
(A) "Airport" means any area of land designed and set aside for the landing
and taking off of aircraft, and for that purpose possessing one or more hard
surfaced runways of a length of not less than three thousand five hundred
feet,
and designed for the storing, repair, and operation of aircraft, and utilized
or to be utilized in the interest of the public for such purposes, and any
area
of land designed for such purposes for which designs, plans, and
specifications
conforming to the above requirements have been approved by the
office of
aviation of the division of transportation assistance MULTI-MODAL
PLANNING AND PROGRAMS of the department of
transportation and for which not less than seventy per cent of the area
shown by such
designs and plans to constitute the total area has been acquired. An airport
is "publicly owned" if the portion thereof used for the landing and taking off
of aircraft is owned, operated, leased to, or leased by the United States, any
agency or department thereof, this state or any other state, or any political
subdivision of this state or any other state, or any other governmental body,
public agency, or public corporation, or any combination thereof.
(B) "Airport hazard" means any structure or object of natural growth or use
of
land within an airport hazard area that obstructs the air
space required for
the flight of aircraft in landing or taking off at any airport or is otherwise
hazardous to such landing or taking off of aircraft.
(C) "Airport hazard area" means any area of land adjacent to an airport
that
has been declared to be an "airport hazard area" by the
office of aviation in
connection with any airport approach plan recommended by
the office.
(D) "Political subdivision" means any municipal corporation, township, or
county.
(E) "Person" means any individual, firm, copartnership, corporation, company,
association, joint stock association, or body politic and includes any
trustee,
receiver, assignee, or other similar representative thereof.
(F) "Structure" means any erected object, including,
without limitation,
buildings, towers, smokestacks, and overhead transmission lines.
Sec. 4906.10. (A) The power siting board shall render a
decision upon the record either granting or denying the
application as filed, or granting it upon such terms, conditions,
or modifications of the construction, operation, or maintenance
of the major utility facility as the board considers appropriate.
The certificate shall be conditioned upon the facility being in
compliance with standards and rules adopted under sections
1501.33, 1501.34, and 4561.32 and Chapters 3704., 3734., and
6111. of the Revised Code. The period of initial operation,
under a certificate, shall expire two years after the date on
which electric power is first generated by the facility. During
the period of initial operation, the facility shall be subject to
the enforcement and monitoring powers of the director of
environmental protection under Chapters 3704., 3734., and 6111.
of the Revised Code and to the emergency provisions thereunder UNDER
THOSE CHAPTERS.
If a major utility facility constructed in accordance with the
terms and conditions of its certificate is unable to operate in
compliance with all applicable requirements of state laws, rules,
and standards pertaining to air pollution, the facility may apply
to the director of environmental protection for a conditional
operating permit under division (G) of section 3704.03 of the
Revised Code and the rules adopted thereunder. The operation of
a major utility facility in compliance with such a conditional
operating permit is not in violation of its certificate. After
the expiration of the period of initial operation of a major
utility facility, the facility shall be under the jurisdiction of
the environmental protection agency and shall comply with all
laws, rules, and standards pertaining to air pollution, water
pollution, and solid and hazardous waste disposal.
The board shall not grant a certificate for the
construction, operation, and maintenance of a major utility
facility, either as proposed or as modified by the board, unless
it finds and determines all of the following:
(1) The basis of the need for the facility;
(2) The nature of the probable environmental impact;
(3) That the facility represents the minimum adverse
environmental impact, considering the state of available
technology and the nature and economics of the various
alternatives, and other pertinent considerations;
(4) In the case of an electric transmission line, that the
facility is consistent with regional plans for expansion of the
electric power grid of the electric systems serving this state
and interconnected utility systems and that the facility will
serve the interests of electric system economy and reliability;
(5) That the facility will comply with Chapters 3704.,
3734., and 6111. of the Revised Code and all rules and standards
adopted under those chapters and under sections 1501.33, 1501.34,
and 4561.32 of the Revised Code. In determining whether the
facility will comply with all rules and standards adopted under
section 4561.32 of the Revised Code, the board shall consult with
the office of aviation of the division of
transportation assistance MULTI-MODAL PLANNING AND PROGRAMS of
the department of transportation
under section 4561.341 of the Revised Code.
(6) That the facility will serve the public interest,
convenience, and necessity;
(7) In addition to the provisions contained in divisions
(A)(1) to (6) of this section, and rules adopted thereunder
UNDER THOSE DIVISIONS, what
its impact will be on the viability as agricultural land of any
land in an existing agricultural district established under
Chapter 929. of the Revised Code that is located within the site
and alternative site of the proposed major utility facility.
Rules adopted to evaluate impact under division (A)(7) of this
section shall not require the compilation, creation, submission,
or production of any information, document, or other data
pertaining to land not located within the site and alternative
site.
(8) That the facility incorporates maximum feasible water
conservation practices as determined by the board, considering
available technology and the nature and economics of the various
alternatives.
(B) If the board determines that the location of all or a
part of the proposed facility should be modified, it may
condition its certificate upon that modification, provided that
the municipal corporations and counties, and persons residing
therein, affected by the modification shall have been given
reasonable notice thereof.
(C) A copy of the decision and any opinion issued
therewith shall be served upon each party.
Sec. 5301.234. (A) ANY RECORDED MORTGAGE IS IRREBUTTABLY
PRESUMED TO BE
PROPERLY EXECUTED, REGARDLESS OF ANY ACTUAL OR ALLEGED DEFECT IN THE
WITNESSING OR
ACKNOWLEDGMENT ON THE MORTGAGE, UNLESS ONE OF THE FOLLOWING APPLIES:
(1) THE MORTGAGOR, UNDER OATH, DENIES SIGNING THE MORTGAGE.
(2) THE MORTGAGOR IS NOT AVAILABLE, BUT THERE IS OTHER SWORN EVIDENCE OF A
FRAUD
UPON THE MORTGAGOR.
(B) EVIDENCE OF AN ACTUAL OR ALLEGED DEFECT IN THE WITNESSING OR
ACKNOWLEDGMENT
ON THE MORTGAGE IS NOT EVIDENCE OF FRAUD UPON THE MORTGAGOR AND DOES NOT REBUT
THE PRESUMPTION THAT A RECORDED MORTGAGE IS PROPERLY EXECUTED.
(C) THE RECORDING OF A MORTGAGE IS CONSTRUCTIVE NOTICE OF THE
MORTGAGE TO ALL
PERSONS, INCLUDING WITHOUT LIMITATION, A SUBSEQUENT BONA FIDE PURCHASER OR ANY
OTHER SUBSEQUENT HOLDER OF AN INTEREST IN
THE PROPERTY. AN ACTUAL OR ALLEGED DEFECT IN THE WITNESSING OR ACKNOWLEDGMENT
ON
THE RECORDED MORTGAGE DOES NOT RENDER THE MORTGAGE INEFFECTIVE FOR PURPOSES OF
CONSTRUCTIVE NOTICE.
Sec. 5501.03. (A) The department of transportation shall:
(1) Exercise and perform such other duties, powers, and
functions as are conferred by law on the director, the
department, the assistant directors, the deputy directors, or on
the divisions of the department;
(2) Coordinate and develop, in cooperation with local,
regional, state, and federal planning agencies and authorities,
comprehensive and balanced state policy and planning to meet
present and future needs for adequate transportation facilities
in this state, including recommendations for adequate funding of
the implementation of such planning;
(3) Coordinate its activities with those of other
appropriate state departments, public agencies, and authorities,
and enter into any contracts with such departments, agencies, and
authorities as may be necessary to carry out its duties, powers,
and functions;
(4) Cooperate with and assist the public utilities
commission in the commission's administration of sections 4907.47
to 4907.476 of the Revised Code, particularly with respect to the
federal highway administration.
(5) Give particular consideration to the development of
policy and planning for public transportation facilities, and to
the coordination of associated activities relating thereto, as
prescribed under divisions (A)(2) and (3) of this section;
(6) Conduct, in cooperation with the Ohio legislative
service commission, any studies or comparisons of state traffic
laws and local traffic ordinances with model laws and ordinances
that may be required to meet program standards adopted by the
United States department of transportation pursuant to the
"Highway Safety Act of 1966," 80 Stat. 731, U.S.C.A. 401;
(7) Prepare, print, distribute, and advertise books, maps,
pamphlets, and other information that, in the judgment of the
director, will inform the public and other governmental
departments, agencies, and authorities as to the duties, powers,
and functions of the department;
(8) IN ITS RESEARCH AND DEVELOPMENT PROGRAM, CONSIDER TECHNOLOGIES FOR
IMPROVING ROADWAYS, INCLUDING CONSTRUCTION
TECHNIQUES AND MATERIALS TO PROLONG PROJECT LIFE, BEING USED OR DEVELOPED BY
OTHER STATES
THAT HAVE GEOGRAPHIC, GEOLOGIC, OR CLIMATIC FEATURES SIMILAR TO THIS STATE'S,
AND COLLABORATE WITH THOSE STATES IN THAT DEVELOPMENT.
Nothing contained in division (A)(1) of this section shall
be held to in any manner affect, limit, restrict, or otherwise
interfere with the exercise of powers relating to transportation
facilities by appropriate agencies of the federal government, or
by counties, municipal corporations, or other political
subdivisions or special districts in this state authorized by law
to exercise such powers.
(B) The department may use all appropriate sources of
revenue to assist in the development and implementation of rail
service as defined by division (C) of section 4981.01 of the
Revised Code.
(C) The director of transportation may enter into contracts with public
agencies including political subdivisions, other state agencies, boards,
commissions, regional transit authorities, county transit boards, and port
authorities, to administer the design, qualification of bidders,
competitive
bid letting, construction inspection, and acceptance of any projects
administered by the department, provided the
administration of such projects is performed in accordance with all applicable
state and federal laws and regulations with oversight by the department.
Sec. 5501.04. The following divisions are hereby
established in the department of transportation:
(A) The division of business services;
(B) The division of engineering policy;
(C) The division of finance;
(D) The division of human resources;
(E) The division of information technology;
(F) The division of multi-modal planning AND PROGRAMS;
(G) The division of project management;
(H) The division of transportation
assistance.
The director of transportation shall distribute the duties,
powers, and functions of the department among the divisions of
the department.
Each division shall be headed by a deputy director,
whose
title shall be designated by the director, and shall include such
THOSE other
officers and employees as may be necessary to carry out the work
of the division. The director shall appoint the deputy director
of each division, who shall be in the unclassified civil service
of the state and shall serve at the pleasure of the director. The director
shall supervise the work of each division and shall
be responsible for the determination of general policies in the
performance of the duties, powers, and functions of the
department and of each division. The director shall have
complete executive charge of the department, and shall be
responsible for the organization, direction, and supervision of
the work of the department and the performance of the duties,
powers, and functions assigned to each division, and may
establish necessary administrative units therein. The deputy
director of each division, with the approval of the
director and subject to Chapter 124. of the Revised Code, shall appoint
the necessary employees of the division, and may remove such
employees for cause.
Sec. 5501.07. In addition to those duties, powers, and
functions the director of transportation assigns to it, the office of public
transportation of the division of transportation
assistance MULTI-MODAL PLANNING AND PROGRAMS:
(A) May issue grants from any public transportation grant
appropriation to county transit boards, regional transit
authorities, regional transit commissions, counties, municipal
corporations, and private nonprofit organizations that operate or
will operate a public transportation system.
The director shall establish criteria for
the distribution of such grants. These criteria may include and
the director may consider each of the following:
(1) The degree to which comprehensive regional
transportation planning goals may be attained through a program
for which a grant will be used;
(2) The amount of local financial or other support of
public transportation operations and facilities affected by the
program;
(3) The levels of existing service and fare;
(4) The degree to which the proposed plan demonstrates
approaches of potential value to other local transit boards,
authorities, commissions, counties, municipal corporations, and
private nonprofit organizations operating public transportation
systems;
(5) The degree to which the grant applicant will use state and local funds to
match a federal grant;
(6) Such other factors as the director determines.
Any criteria established by the director for the
distribution of such grants shall be consistent with the
requirements of the United States department of transportation,
or any administration in the department, including, but not
limited to, the federal transit
administration. The
director may designate in the criteria certain dates after which
applications for specified portions of the appropriations made
for this purpose will not be accepted.
(B) May issue grants from any elderly and handicapped
transit fare assistance grant appropriation to county transit
boards, regional transit authorities, regional transit
commissions, counties, municipal corporations, and private
nonprofit organizations that operate or will operate public
transportation systems for the purpose of reducing the transit or
paratransit fares of elderly or handicapped persons. The
director shall establish criteria for the distribution of such
grants.
(C) May administer provisions of federal public
transportation acts or programs applicable within the state,
pursuant to an agreement entered into by the director with an appropriate
official of the federal agency
responsible for implementation of the federal acts or programs. The federal
acts or programs shall include, but are not limited
to, programs authorized under the "Act of July 5, 1994," 108 Stat. 785, 49
U.S.C.A. 5301, as amended.
(D) Shall furnish, upon request and within the limits of
appropriated funds, guidance in technical or policy matters to a
county transit board, regional transit authority, regional
transit commission, county, municipal corporation, or private
nonprofit organization that operates or proposes to operate a
public transportation system, and provide assistance and liaison
in the preparation and submission of applications for federal and
state funds;
(E) May apply for and accept grants or loans from any
federal agency for the purpose of providing for the development
or improvement of public transportation facilities or for the
coordination of any activities related to the development or
improvement of such facilities, and may provide any consideration
from any public transportation grant appropriation and enter into
any contracts that may be required in order to obtain such
grants or loans from a federal agency.
Sec. 5502.01. (A) The department of public safety shall administer
and enforce the laws relating to the registration, licensing, sale, and
operation of motor
vehicles and the laws pertaining to the licensing of drivers of motor
vehicles.
The department shall compile, analyze, and publish statistics relative to
motor vehicle accidents and the causes thereof OF THEM, prepare
and conduct educational programs for the purpose of promoting safety in the
operation of motor vehicles
on the highways, assist the state board of education in the formulation of
minimum standards for driver education courses of instruction, encourage
driver
instruction in the high schools of the state, and conduct research and studies
for the purpose of promoting safety on the highways of this state.
(B) The department shall administer the laws and rules applicable
to the division of state emergency medical services.
(C) The department shall administer and enforce the laws
contained in Chapters 4301. and 4303. of the Revised Code
and enforce the rules and
orders
of the
liquor control commission pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the state
emergency management agency and shall enforce all additional duties and
responsibilities as prescribed in the Revised Code related
to emergency management services.
(E) The department shall conduct investigations pursuant to
Chapter 5101. of the Revised Code in support of the
duty of the department of human
services to administer food stamp programs throughout this state. The
department of public safety shall conduct investigations necessary to protect
the state's property rights and interests in the food stamp program.
(F) The department of public safety shall enforce compliance with
orders and rules of the public utilities commission and applicable laws in
accordance with Chapters 4919., 4921., and 4923. of the Revised Code regarding
commercial motor vehicle transportation safety, economic, and hazardous
materials requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the department
of public safety may establish requirements for its enforcement
personnel, INCLUDING ITS ENFORCEMENT AGENTS DESCRIBED IN SECTION
5502.14 of the Revised Code, that include standards of conduct, work rules and
procedures, and criteria for
eligibility as law enforcement personnel.
(H) The department shall administer, maintain, and operate the Ohio
criminal justice network. The Ohio criminal justice network
shall be a computer network that supports state and local
criminal justice activities. The network shall be an electronic
repository for various data, which may include arrest warrants,
notices of persons wanted by law enforcement agencies, criminal
records, prison inmate records, stolen vehicle records, vehicle
operator's licenses, and vehicle registrations and
titles.
Sec. 5502.13. The department of public safety shall maintain an
investigations INVESTIGATIVE unit in order to conduct
such investigations and other
enforcement activity as are authorized by Chapters 4301., 4303.,
5101., 5107., and 5108. and section SECTIONS 2903.12, 2903.13,
2903.14, 2907.09, 2913.46, 2917.11, 2921.13, 2921.31, 2921.32, 2921.33,
2923.12, 2923.121, 2925.11, 2925.13, 2927.02, 4507.30, AND 5115.03
of the Revised Code. The director of public
safety shall appoint such THE employees of the unit as
WHO are necessary, designate the activities to be performed by those
employees, and prescribe their titles and duties.
Sec. 5502.14. (A)(1) As used in this section, "felony"
has the same meaning as in section 109.511 of the Revised Code.
(2)(B)(1) Any person WHO IS employed by the department
of
public safety and designated by the director of public safety for the
enforcement of TO ENFORCE TITLE XLIII of the Revised Code, THE
RULES ADOPTED UNDER IT, AND THE laws and administrative rules
regulating the use of food stamps
shall be known as a food stamp trafficking
AN ENFORCEMENT agent. The employment by the department of public
safety and the designation by the director of public
safety of a person as a food stamp trafficking AN ENFORCEMENT
agent shall be subject to division (D) of this section.
A food stamp trafficking AN ENFORCEMENT
agent has the authority vested in peace officers pursuant to section 2935.03
of the Revised Code, on public or private property, to keep the peace
and, to enforce all APPLICABLE laws and rules
ON ANY RETAIL LIQUOR PERMIT PREMISES, OR ON ANY OTHER PREMISES OF PUBLIC OR
PRIVATE PROPERTY, WHERE A VIOLATION OF TITLE XLIII of the Revised Code
OR ANY RULE ADOPTED UNDER IT IS OCCURRING, AND TO ENFORCE ALL LAWS AND
RULES governing the use of food stamp coupons;, women,
infants, and
children's coupons;, electronically transferred
benefits;, or any other access
device that is used alone or in conjunction with another access device to
obtain payments, allotments, benefits, money, goods, or other things of value,
or that can be used to initiate a transfer of funds, pursuant to the food
stamp program established under the "Food Stamp Act
of 1977," 91 Stat. 958, 7
U.S.C.A. 2011, as amended, or any
supplemental food program administered by any department of this state
pursuant to the "Child Nutrition Act of 1966," 80
Stat. 885, 42 U.S.C.A. 1786. Food stamp trafficking ENFORCEMENT
agents, in enforcing compliance with the laws and rules described in this
division, may keep the peace and make arrests for violations of those laws and
rules.
(B) A food stamp trafficking (2) IN ADDITION TO THE
AUTHORITY CONFERRED BY DIVISION (B)(1) OF THIS SECTION, AN
ENFORCEMENT agent may also MAY execute search
warrants and seize and take into custody any contraband, as defined in
section
2901.01 of the Revised Code, or any property
that is otherwise necessary for evidentiary
purposes related to any
violations of THE laws or rules described in division
(A)(2)(B)(1) of this
section. A food stamp trafficking AN ENFORCEMENT agent may
enter public or private premises
where activity alleged to violate the laws or rules described in division
(A)(2)(B)(1) of this section are IS occurring.
Agents
(3) ENFORCEMENT AGENTS who are in
ON, IMMEDIATELY ADJACENT TO, OR ACROSS FROM RETAIL LIQUOR PERMIT PREMISES
AND WHO ARE PERFORMING INVESTIGATIVE DUTIES RELATING TO THAT PREMISES,
ENFORCEMENT AGENTS WHO ARE ON PREMISES THAT ARE NOT LIQUOR PERMIT PREMISES BUT
ON WHICH A VIOLATION OF TITLE XLIII of the Revised Code OR ANY RULE ADOPTED
UNDER IT ALLEGEDLY IS OCCURRING, AND ENFORCEMENT AGENTS WHO view of
a
suspected violation OF TITLE XLIII of the Revised Code, OF A RULE
ADOPTED UNDER IT, OR OF ANOTHER LAW OR RULE DESCRIBED IN DIVISION
(B)(1) OF THIS SECTION have the authority to enforce Title
XXIX
and sections 2913.46 and 5101.54 of the Revised Code THE LAWS AND RULES
DESCRIBED IN DIVISION (B)(1) OF THIS SECTION, AUTHORITY TO ENFORCE
ANY SECTION IN TITLE XXIX of the Revised Code OR ANY OTHER SECTION of the Revised Code
LISTED IN SECTION 5502.13 of the Revised Code IF THEY WITNESS A VIOLATION OF THE SECTION
UNDER
ANY OF THE CIRCUMSTANCES DESCRIBED IN THIS DIVISION, and AUTHORITY
to make arrests for violations
of those THE laws and rules DESCRIBED IN DIVISION
(B)(1) OF THIS SECTION AND VIOLATIONS OF ANY OF THOSE SECTIONS.
The
(4) THE jurisdiction of a food stamp trafficking AN
ENFORCEMENT agent
UNDER DIVISION (B) OF THIS SECTION shall be concurrent with
that of the peace officers of the county, township,
or municipal corporation in which the violation occurs.
(C) Food stamp trafficking ENFORCEMENT agents of the department
of public
safety WHO ARE engaged in the enforcement of THE laws and rules
described in division (A)(2)(B)(1) of this section may carry
concealed weapons when conducting
undercover investigations pursuant to their authority as law enforcement
officers and while acting within the scope of their authority pursuant to this
chapter.
(D)(1) The department of public safety shall not employ, and the
director of public safety shall not designate, a person as a food stamp
trafficking AN ENFORCEMENT agent on a permanent basis, on a
temporary basis, for a
probationary term, or on other than a permanent basis if the person previously
has been convicted of or has pleaded guilty to a felony.
(2)(a) The department of public safety shall terminate the
employment of a person WHO IS designated as a food stamp
trafficking AN ENFORCEMENT agent AND who does
either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated plea agreement as provided in division (D) of
section 2929.29 of the Revised Code in which the
food stamp trafficking ENFORCEMENT agent agrees to surrender the
certificate awarded to that agent under section 109.77 of the Revised
Code.
(b) The department shall suspend the employment of a person
WHO IS designated as a food stamp trafficking AN
ENFORCEMENT agent if the person is convicted, after
trial, of a felony. If the food stamp trafficking ENFORCEMENT
agent files
an appeal from that conviction and the conviction
is upheld by the highest court to which the appeal is taken or if no timely
appeal is filed, the department shall terminate the employment of that agent.
If the food stamp trafficking ENFORCEMENT agent files an appeal
that results in that
agent's acquittal of the felony or conviction of a misdemeanor, or in the
dismissal of the
felony charge against the agent, the department shall reinstate
the food stamp trafficking agent. A food stamp trafficking
AN ENFORCEMENT agent who is
reinstated under division (D)(2)(b) of this section
shall not receive any back pay unless the conviction of that agent of the
felony was reversed on appeal, or the felony
charge was dismissed, because the court found insufficient evidence to convict
the food stamp trafficking agent of the felony.
(3) Division (D) of this section does not apply regarding an
offense that was committed prior to January 1, 1997.
(4) The suspension or termination of the employment of a person designated
as a food stamp trafficking AN ENFORCEMENT agent under division
(D)(2) of this section shall be in accordance with Chapter 119. of the Revised
Code.
Sec. 5502.16. The director of public safety, on behalf of food stamp
trafficking ENFORCEMENT
agents, may enter into cooperative or contractual arrangements
with the United States or, any agency or department
thereof OF THE UNITED STATES, other states,
other departments and political subdivisions of this state, or
any other person or body politic to accomplish the purposes of the
investigations INVESTIGATIVE unit of the department of public
safety. The director shall
cooperate with and not infringe upon the rights of other state departments,
divisions, boards, commissions, and agencies, and private agencies, in the
conduct of enforcement plans and other matters in which the department of
public safety and such THOSE departments and agencies have
common interests.
Sec. 5502.17. Food stamp trafficking ENFORCEMENT agents of the
department of public
safety shall comply with the certification requirements established in section
109.77 of the Revised Code, take an oath of office, and receive from the
governor, upon
recommendation of the director of public safety, a commission indicating
authority to make arrests as provided in section 5502.14
of the Revised Code.
Sec. 5502.18. Food stamp trafficking ENFORCEMENT agents of the
department of public
safety may render assistance to a state or local law enforcement officer at
the request of that officer or may render assistance to a state or local law
enforcement officer in the event of an emergency. A food stamp
trafficking AN ENFORCEMENT
agent who serves outside the department under this
section shall be considered as performing services within the agent's regular
employment for purposes of compensation, indemnity fund rights, workers'
compensation, and any other rights and benefits to which the agent may be
entitled as incidents of the agent's regular employment. Such an
ENFORCEMENT agent retains
personal immunity from civil liability under
section 9.86 of the Revised Code and shall not
be considered an employee of a political subdivision for purposes of
Chapter 2744. of the Revised Code.
A political subdivision that receives the assistance of a food stamp
trafficking AN ENFORCEMENT agent under this division
SECTION is not subject to civil liability under
Chapter 2744. of the Revised Code as a result of any action or omission of the
agent.
Sec. 5502.62 5502.19. The department of public safety shall
conduct inspections of
retail liquor permit premises to determine THEIR compliance with the
provisions
of Chapters 4301. and
4303. of the Revised Code, and the rules adopted under
those provisions THEM by the liquor control
commission pertaining to retail liquor permit holders.
Except as otherwise provided in this section, such THOSE
inspections may be
conducted only during those hours in which the permit holder is open for
business and only by authorized liquor control investigators
ENFORCEMENT AGENTS of the department
of public
safety or by any peace officer, as this term is defined in section
2935.01 of the Revised Code. Inspections may be conducted at
other hours only to determine
compliance with laws or commission rules that regulate the hours of sale of
beer and
intoxicating liquor and only if the liquor control investigator
ENFORCEMENT AGENT or peace officer INVOLVED has
reasonable cause to believe that such THOSE laws or rules are
being violated. Any
inspection conducted pursuant to this section is subject to all of the
following requirements:
(A) The only property that may be confiscated is contraband, as
this term is defined in section 2901.01 of the Revised Code, or
property that
is otherwise necessary for evidentiary purposes.
(B) A complete inventory of all property confiscated from the
premises shall be given to the permit holder or the permit holder's agent or
employee by the
confiscating ENFORCEMENT agent or PEACE officer at the
conclusion of the inspection. At that
time, the inventory shall be signed by the confiscating liquor control
investigator ENFORCEMENT AGENT or PEACE officer, and
the liquor control investigator ENFORCEMENT AGENT or
PEACE officer shall give the permit holder or the
permit holder's agent or employee the
opportunity to sign the inventory.
(C) Inspections conducted pursuant to this section shall be
conducted in a reasonable manner. A finding by any court of competent
jurisdiction that the inspection was not conducted in a reasonable manner in
accordance with this section or any rules promulgated by the LIQUOR
CONTROL commission may be considered grounds for suppression of evidence.
A finding by the liquor
control commission that the inspection was not conducted in a reasonable
manner
in accordance with this section or any rules promulgated by the commission may
be considered grounds for dismissal of the commission case.
If any court of competent jurisdiction finds that property confiscated as
the result of an inspection is not necessary for evidentiary
purposes and is not contraband, as this term is defined in section
2901.01
of the Revised Code, the court shall order the
immediate return of the confiscated property,
if such property is not contraband or otherwise subject to forfeiture,
to the permit holder. However, the return of this property is not grounds for
dismissal of the case. The commission likewise may order the return of
confiscated property if no criminal prosecution is pending or anticipated.
Sec. 5512.10. THIS SECTION APPLIES IF A POLITICAL SUBDIVISION OUTSIDE THE
JURISDICTION OF A METROPOLITAN PLANNING ORGANIZATION SUBMITS A REQUEST TO THE
DEPARTMENT OF TRANSPORTATION FOR AN INTERCHANGE TO BE CONSTRUCTED ON AN
INTERSTATE
HIGHWAY OR A MULTI-LANE, FULLY CONTROLLED-ACCESS HIGHWAY UNDER THE
JURISDICTION
OF THE DEPARTMENT. WHEN REVIEWING SUCH A REQUEST, THE DEPARTMENT OR THE
TRANSPORTATION REVIEW ADVISORY COUNCIL SHALL CONSIDER WHETHER THE PROPOSAL
PROMOTES FARMLAND PRESERVATION AND EFFORTS TO CONTROL URBAN SPRAWL.
Sec. 5517.011. (A)(1) Notwithstanding section 5517.01 of the
Revised
Code, the
director of transportation may establish a pilot program to expedite the sale
and construction of no more than six special projects by combining the design
nd construction elements of a highway or bridge project into a single
contract. Except in regard to those requirements relating to providing plans,
the director shall award contracts under this section in accordance with
section 5525.01 of the Revised Code.
Within one year of the completion of the sixth special project under this
section
(2) ON OR BEFORE DECEMBER 31,
2000, the
director shall prepare and submit to the
general assembly a
report evaluating the experience of the department of transportation with each
project UNDER THIS DIVISION AND CONTRACT UNDER DIVISION (B) OF
THIS SECTION, including whether the department realized any cost or time
savings. REGARDING THOSE PROJECTS AND CONTRACTS, THE REPORT SHALL INCLUDE
A DISCUSSION OF THE NUMBER AND COST OF CHANGE ORDERS, THE QUALITY OF WORK
PERFORMED, THE NUMBER OF BIDS RECEIVED, THE IMPACT ON MINORITY AND
FEMALE CONTRACT PARTICIPATION, AND OTHER ISSUES THE DIRECTOR
CONSIDERS APPROPRIATE. The director also may make recommendations
regarding the continuation of the
program, including the need for any changes. After
(3) AFTER completion of the sixth
project and preparation of the report, no projects shall be commenced
under
this section DIVISION unless the general assembly either
approves additional projects
to further study the effectiveness of the procedures or makes the program
permanent.
(B) IN ADDITION TO THE SIX PROJECTS UNDER DIVISION (A)
OF THIS
SECTION,
DURING THE PERIOD BEGINNING JULY 1, 1999, AND ENDING JUNE
30,
2001, THE DIRECTOR MAY EXPAND THE PILOT PROGRAM TO MORE CONTRACTS
COMBINING THE DESIGN AND CONSTRUCTION ELEMENTS OF HIGHWAY OR
BRIDGE PROJECTS. THE TOTAL DOLLAR VALUE OF CONTRACTS MADE UNDER
THIS DIVISION SHALL NOT EXCEED TWO HUNDRED FIFTY MILLION DOLLARS. THE
DIRECTOR MAY SEEK EITHER BIDS OR TECHNICAL PROPOSALS FOR CONTRACTS UNDER THIS
DIVISION.
(1) WHEN THE DIRECTOR DETERMINES TO AWARD A
SINGLE CONTRACT FOR A DESIGN-BUILD PROJECT UNDER THIS DIVISION THROUGH THE
RECEIPT
OF BIDS, EXCEPT FOR THOSE REQUIREMENTS RELATING TO PROVIDING
PLANS, THE DIRECTOR SHALL AWARD CONTRACTS IN ACCORDANCE WITH
CHAPTER 5525. OF THE
REVISED
CODE. WHEN THE DIRECTOR
DETERMINES TO AWARD A SINGLE CONTRACT FOR A DESIGN-BUILD PROJECT
UNDER THIS DIVISION THROUGH THE RECEIPT OF TECHNICAL PROPOSALS, THE DIRECTOR
SHALL
ADVERTISE AND SELECT THE DESIGN-BUILD TEAM USING A VALUE-BASED
SELECTION PROCESS COMBINING TECHNICAL QUALIFICATIONS AND
COMPETITIVE BIDDING ELEMENTS.
(2) IF THE DIRECTOR ELECTS TO UTILIZE THE COMPETITIVE
BID OPTION FOR DESIGN-BUILD PROJECTS,
THE DIRECTOR SHALL PREPARE AND DISTRIBUTE A SCOPE OF WORK
DOCUMENT UPON WHICH THE BIDDERS SHALL BASE THEIR BIDS.
(3)(a) IF THE DIRECTOR ELECTS TO UTILIZE A
VALUE-BASED SELECTION PROCESS FOR DESIGN-BUILD PROJECTS THROUGH
THE RECEIPT OF TECHNICAL PROPOSALS, THE DIRECTOR SHALL RESTRICT
USAGE OF THIS METHOD ANNUALLY TO NO MORE THAN SIXTY MILLION DOLLARS AND NO
MORE THAN THREE PROJECTS,
WHOSE PER-PROJECT ESTIMATE MUST EXCEED TEN MILLION
DOLLARS. THE DIRECTOR SHALL PREPARE CONCEPTUAL DOCUMENTS FOR REVIEW BY
INTERESTED PARTIES, ACCEPT LETTERS OF INTEREST, AND SELECT THE
THREE MOST QUALIFIED DESIGN-BUILD TEAMS TO SUBMIT A TECHNICAL
PROPOSAL.
THE CRITERIA FOR SELECTING THE THREE FINALISTS SHALL
INCLUDE THE QUALIFICATIONS AND EXPERIENCE OF THE DESIGN-BUILD
TEAM, INCLUDING THE PROPOSED PERSONNEL TO BE UTILIZED,
EQUIPMENT USAGE, AND GENERAL PROPOSED PROJECT APPROACH. THE
SCHEDULE OF ACTIVITIES AND FINANCIAL RESOURCES OF THE
DESIGN-BUILD TEAM ALSO SHALL BE FACTORS IN THE SELECTION
PROCESS. IN ADDITION, THE DIRECTOR SHALL TAKE INTO CONSIDERATION THE
DESIGN-BUILD TEAM'S AFFIRMATIVE ACTION POLICIES AND RECORD WITH REGARD TO
EMPLOYEES AND SUBCONTRACTS.
(b) AFTER THE DIRECTOR SELECTS THE THREE
FINALISTS, THE FINALISTS SHALL PREPARE BOTH A TECHNICAL PROPOSAL
AND A PRICE PROPOSAL. THE TECHNICAL PROPOSAL SHALL STATE THE
FINALIST'S QUALIFICATIONS AND EXPERIENCE, INCLUDING PRIOR
PERFORMANCE BY THE DESIGN-BUILD TEAM ON SIMILAR PROJECTS, THE
IDENTITY OF THE MEMBERS OF EACH TEAM, AND A DETAILED PROJECT
APPROACH AND SCHEDULE, INCLUDING INNOVATIVE DESIGN AND
CONSTRUCTION TECHNIQUES. THE FINALISTS SHALL SUBMIT THE PRICE PROPOSAL
SEPARATELY AS REQUESTED BY THE DIRECTOR.
THE DIRECTOR FIRST SHALL REVIEW THE SUBMITTED TECHNICAL
PROPOSALS AND ASCRIBE A NUMERICAL SCORE TO EACH PROPOSAL. THE
TECHNICAL NUMERICAL SCORES SHALL BE EQUATED TO A PERCENTAGE
ADJUSTMENT TO BE APPLIED TO THE FINALISTS' PRICE PROPOSALS,
USING A PREDETERMINED SCHEDULE OF ADJUSTMENT MADE KNOWN TO THE
FINALISTS AT THE TIME OF ADVERTISING. IN NO CASE SHALL THE
TECHNICAL PROPOSAL RATING EXCEED TWENTY-FIVE PER CENT OF THE
VALUE-BASED TECHNICAL AND PRICE SELECTION CRITERIA. THE
DIRECTOR SHALL RESERVE THE RIGHT TO CONSIDER A TECHNICAL
PROPOSAL AS BEING NONRESPONSIVE, THEREBY ELIMINATING THAT
FINALIST FROM FURTHER CONSIDERATION.
UPON COMPLETION OF THE RATING OF TECHNICAL PROPOSALS,
THE DIRECTOR SHALL APPLY TO THE PRICE PROPOSALS
THE PERCENTAGE ADJUSTMENTS PREDETERMINED FROM THE NUMERICAL
SCORES ASSIGNED TO THE TECHNICAL PROPOSALS. UNLESS ALL PROPOSALS ARE
REJECTED, THE DIRECTOR SHALL SELECT THE FINALIST WITH THE LOWEST ADJUSTED
PRICE. THE ADJUSTED PRICE SHALL BE USED FOR SELECTION ONLY.
THE CONTRACT SHALL BE BASED ON THE PRICE PROPOSAL AS
SUBMITTED.
THE DEPARTMENT SHALL COMPENSATE EACH RESPONSIVE FINALIST NOT SELECTED
IN AN AMOUNT GENERALLY EQUAL TO
ONE-FOURTH OF ONE PER CENT OF THE UNADJUSTED PRICE PROPOSAL
AMOUNT SUBMITTED BY THE SELECTED FINALIST OR BY AN AMOUNT
THE DIRECTOR ESTABLISHES AT THE TIME OF ADVERTISING.
Sec. 5525.25. (A) IN MAKING CONTRACTS, THE DIRECTOR OF
TRANSPORTATION SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS FOR EACH
FISCAL YEAR:
(1) AT LEAST ONE-FIFTH OF THE DEPARTMENT OF TRANSPORTATION'S
CAPITAL CONSTRUCTION PROJECTS SHALL BE BID REQUIRING A WARRANTY AS
SPECIFIED IN THE BIDDING DOCUMENTS AND IN DIVISION (B) OF THIS
SECTION.
(2) AT LEAST ONE-TENTH OF THE DEPARTMENT'S CAPITAL CONSTRUCTION
PROGRAM SHALL BE BID REQUIRING A PAVEMENT WARRANTY AS SPECIFIED IN THE
BIDDING DOCUMENTS AND IN DIVISION (B) OF THIS SECTION.
(B) A WARRANTY PERIOD UNDER THIS SECTION SHALL BE:
(1) NOT LESS THAN SEVEN YEARS, FOR PAVEMENT IN THE CASE OF NEW
CONSTRUCTION;
(2) NOT LESS THAN FIVE YEARS, IN THE CASE OF PAVEMENT RESURFACING
AND REHABILITATION;
(3) NOT LESS THAN TWO YEARS, IN THE CASE OF PAVEMENT PREVENTATIVE
MAINTENANCE, BRIDGE PAINTING, PAVEMENT MARKINGS, RAISED PAVEMENT
MARKERS, GUARDRAIL, AND OTHER PROJECT ITEMS AS DETERMINED BY THE
DIRECTOR.
(C) THIS SECTION DOES NOT APPLY TO CONTRACTS THE DIRECTOR MAKES
ON BEHALF OF A POLITICAL SUBDIVISION.
Sec. 5735.051. The general assembly finds as a fact that, of the revenues
which occur from excises imposed by sections 5735.05, 5735.25, 5735.29, and
5735.30 of the Revised Code, one-half THREE-FOURTHS of one per
cent are attributable to the
operation of motor vehicles upon waters within the boundaries of this state
and shall be used for the purposes of sections 1547.71 to 1547.78 of the
Revised Code.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general revenue
fund of the state, for the purpose of securing a thorough and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax is hereby levied on each retail sale made in this state.
(A) The tax shall be collected pursuant to the schedules
in section 5739.025 of the Revised Code.
The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered.
In the case of a sale, the price of which consists in whole
or in part of rentals for the use of the thing transferred, the
tax, as regards such rentals, shall be measured by the
installments thereof.
In the case of a sale of a service defined under division
(MM) or (NN) of section 5739.01 of the Revised Code, the price of
which consists in whole or in part of a membership for the
receipt of the benefit of the service, the tax applicable to the
sale shall be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions, or to any other state or its political subdivisions
if the laws of that state exempt from taxation sales made to this
state and its political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers, and of magazine subscriptions
shipped by second class mail, and sales or transfers of magazines
distributed as controlled circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records the meals as part compensation for services performed or
work done;
(6) Sales of motor fuel upon receipt, use,
distribution, or sale of which in this state a tax is imposed by
the law of this state, but this exemption shall not apply to the
sale of motor fuel on which a refund of the tax is
allowable under section 5735.14 of the Revised Code; and the tax
commissioner may deduct the amount of tax levied by this section
applicable to the price of motor fuel when granting a
refund of motor fuel tax pursuant to section 5735.14 of
the Revised Code and shall cause the amount deducted to be paid
into the general revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of
electricity by an electric company, of water by a water-works
company, or of steam by a heating company, if in each case the
thing sold is delivered to consumers through wires, pipes, or
conduits, and all sales of communications services by a telephone
or telegraph company, all terms as defined in section 5727.01 of
the Revised Code;
(8) Casual sales by a person, or auctioneer employed
directly by the person to conduct such sales, except as to
such sales of
motor vehicles, watercraft or outboard motors required to be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by churches or by
nonprofit organizations operated exclusively for charitable
purposes as defined in division (B)(12) of this section, provided
that the number of days on which such tangible personal property
or services, other than items never subject to the tax, are sold
does not exceed six in any calendar year. If the number of days
on which such sales are made exceeds six in any calendar year,
the church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a church or within an organization shall be considered to be
sales of that church or organization, except that sales made by
separate student clubs and other groups of students of a primary
or secondary school, and sales made by a parent-teacher
association, booster group, or similar organization that raises
money to support or fund curricular or extracurricular activities
of a primary or secondary school, shall not be considered to be
sales of such school, and sales by each such club, group,
association, or organization shall be counted separately for
purposes of the six-day limitation. This division does not apply
to sales by a noncommercial educational radio or television
broadcasting station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) The transportation of persons or property, unless the
transportation is by a private investigation and security
service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the Revised Code; and sales to organizations described in
division (D) of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease, or injury; the operation of an organization
exclusively
for the provision of professional, laundry, printing, and
purchasing services to hospitals or charitable institutions;
the
operation of a home for the aged, as defined in section 5701.13
of the Revised Code; the operation of a radio or television
broadcasting station that is licensed by the federal
communications commission as a noncommercial educational radio or
television station; the operation of a nonprofit animal
adoption service or a county humane society; the promotion of
education by an institution of learning that maintains a faculty of
qualified instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific
curriculum; the operation of a parent teacher association,
booster group, or similar organization primarily engaged in the
promotion and support of the curricular or extracurricular
activities of a primary or secondary school; the operation of a
community or area center in which presentations in music,
dramatics, the arts, and related fields are made in order to
foster public interest and education therein; the production of
performances in music, dramatics, and the arts; or the
promotion of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological
knowledge and information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold
to construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision thereof, or with the United
States government or any of its agencies; building and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any of its political subdivisions, or by the United States
government or any of its agencies at the time of completion of
such structures or improvements; building and construction
materials sold to construction contractors for incorporation into
a horticulture structure or livestock structure for a person
engaged in the business of horticulture or producing livestock;
building materials and services sold to a construction contractor
for incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services sold to a construction contractor for incorporation into
real property outside this state if such materials and services,
when sold to a construction contractor in the state in which the
real property is located for incorporation into real property in
that state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or to be
used principally in interstate or foreign commerce, and repairs,
alterations, fuel, and lubricants for such ships or vessels or rail rolling
stock;
(15) Sales to persons engaged in any of the activities
mentioned in division (E)(2) or (9) of section 5739.01 of the
Revised Code, to persons engaged in making retail sales, or to
persons who purchase for sale from a manufacturer tangible
personal property that was produced by the manufacturer in
accordance with specific designs provided by the purchaser, of
packages, including material and parts for packages, and of
machinery, equipment, and material for use primarily in packaging
tangible personal property produced for sale by or on the order
of the person doing the packaging, or sold at retail. "Packages"
includes bags, baskets, cartons, crates, boxes, cans, bottles,
bindings, wrappings, and other similar devices and containers, and
"packaging" means placing therein.
(16) Sales of food to persons using food stamp coupons to
purchase the food. As used in division (B)(16) of this section,
"food" has the same meaning as in the "Food Stamp Act of 1977,"
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations
adopted pursuant to that act.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use or consumption in production; and of tangible personal
property for such use or consumption in the conditioning or
holding of products produced by and for such use, consumption, or
sale by persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs dispensed by a licensed
pharmacist
upon the order of a licensed health professional
authorized to prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 4729.01
of the Revised Code;
insulin as recognized in the official
United States pharmacopoeia; urine and blood testing materials
when used by diabetics or persons with hypoglycemia to test for
glucose or acetone; hypodermic syringes and needles when used by
diabetics for insulin injections; epoetin alfa when purchased for use in
the treatment of persons with end-stage renal disease; hospital
beds when purchased
for use by persons with medical problems for medical purposes;
and oxygen and oxygen-dispensing equipment when purchased for use
by persons with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast
prostheses, and other prosthetic devices for humans; braces or
other devices for supporting weakened or nonfunctioning parts of
the human body; wheelchairs; devices used to lift wheelchairs
into motor vehicles and parts and accessories to such devices;
crutches or other devices to aid human perambulation; and items
of tangible personal property used to supplement impaired
functions of the human body such as respiration, hearing, or
elimination. No exemption under this division shall be allowed
for nonprescription drugs, medicines, or remedies; items or
devices used to supplement vision; items or devices whose
function is solely or primarily cosmetic; or physical fitness
equipment. This division does not apply to sales to a physician
or medical facility for use in the treatment of a patient.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services for political subdivisions
of the state;
(21) Sales of tangible personal property manufactured in
this state, if sold by the manufacturer in this state to a
retailer for use in the retail business of the retailer outside of
this state and
if possession is taken from the manufacturer by the purchaser
within this state for the sole purpose of immediately removing
the same from this state in a vehicle owned by the purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions, or authorities, or by governmental entities of the
state or any of its political subdivisions, agencies,
instrumentalities, institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
upon the presentation of an affidavit executed in this state by
the nonresident purchaser affirming that the purchaser is a
nonresident of this state, that possession of the motor vehicle
is taken in this state for the sole purpose of immediately
removing it from this state, that the motor vehicle will be
permanently titled and registered in another state, and that the
motor vehicle will not be used in this state;
(24) Sales to persons engaged in the preparation of eggs
for sale of tangible personal property used or consumed directly
in such preparation, including such tangible personal property
used for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment and parts therefor, except motor vehicles licensed to
operate on public highways, used in intraplant or interplant
transfers or shipment of eggs in the process of preparation for
sale, when the plant or plants within or between which such
transfers or shipments occur are operated by the same person.
"Packages" includes containers, cases, baskets, flats, fillers,
filler flats, cartons, closure materials, labels, and labeling
materials, and "packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales of solar, wind, or hydrothermal energy systems
that meet the guidelines established under division (B) of
section 1551.20 of the Revised Code, components of such systems
that are identified under division (B) or (D) of that section, or
charges for the installation of such systems or components, made
during the period from August 14, 1979, through December 31,
1985;
(28) Sales to persons licensed to conduct a food service
operation pursuant to section 3732.03 of the Revised Code, of
tangible personal property primarily used directly for the following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(29) Sales of animals by nonprofit animal adoption
services or county humane societies;
(30) Sales of services to a corporation described in
division (A) of section 5709.72 of the Revised Code, and sales of
tangible personal property that qualifies for exemption from
taxation under section 5709.72 of the Revised Code;
(31) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(32) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(33) The sale, lease, repair, and maintenance of; parts
for; or items attached to or incorporated in motor vehicles that
are primarily used for transporting tangible personal property by
a person engaged in highway transportation for hire;
(34) Sales to the state headquarters of any veterans'
organization in Ohio that is either incorporated and issued a
charter by the congress of the United States or is recognized by
the United States veterans administration, for use by the
headquarters;
(35) Sales to a telecommunications service vendor of
tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, two-way electromagnetic communications, including
voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and
media, and component parts for the tangible personal property.
The exemption provided in division (B)(35) of this section shall
be in lieu of all other exceptions under division (E)(2) of
section 5739.01 of the Revised Code to which a telecommunications
service vendor may otherwise be entitled based upon the use of
the thing purchased in providing the telecommunications service.
(36) Sales of investment metal bullion and investment
coins. "Investment metal bullion" means any elementary precious
metal that has been put through a process of smelting or
refining, including, but not limited to, gold, silver, platinum,
and palladium, and which is in such state or condition that its
value depends upon its content and not upon its form. "Investment metal
bullion" does not include fabricated precious
metal that has been processed or manufactured for one or
more
specific and customary industrial, professional, or artistic
uses. "Investment coins" means numismatic coins or other forms
of money and legal tender manufactured of gold, silver, platinum,
palladium, or other metal under the laws of the United States or
any foreign nation with a fair market value greater than any
statutory or nominal value of such coins.
(37)(a) Sales where the purpose of the consumer is to use
or consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(37)(a) of this section; and of
equipment such as telephones, computers, facsimile machines, and
similar tangible personal property primarily used to accept
orders for direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration and dispense it to the consumer.
For purposes of division (B)(37) of this section, "direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the tangible personal property sold to the consumer from a
warehouse, catalogue distribution center, or similar fulfillment
facility by means of the United States mail, delivery service, or
common carrier.
(38) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(39) The sale of a motor vehicle that is used exclusively for a vanpool
ridesharing arrangement to persons participating in the vanpool ridesharing
arrangement when the vendor is selling the vehicle pursuant to a contract
between the vendor and the department of transportation;
(40) Sales of personal computers, computer monitors, computer keyboards,
modems, and other peripheral computer equipment to an individual who is
licensed or certified to teach in an elementary or a secondary school in this
state for use by that individual in preparation for teaching elementary or
secondary school students;
(41) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated in motor racing vehicles, including
engines, chassis, and all other components of the vehicles, and
all spare, replacement, and rebuilt parts or components of the
vehicles; except not including tires, consumable fluids, paint,
and accessories consisting of instrumentation sensors and
related items added to the vehicle to collect and transmit data
by means of telemetry and other forms of communication.
(42) Sales of used manufactured homes and used mobile homes, as
defined in section 5739.0210 of the Revised Code, MADE ON OR AFTER
JANUARY 1, 2000.
For the purpose of the proper administration of this
chapter, and to prevent the evasion of the tax, it is presumed
that all sales made in this state are subject to the tax until
the contrary is established.
As used in this section, except in division (B)(16) of this
section, "food" includes cereals and cereal products, milk and
milk products including ice cream, meat and meat products, fish
and fish products, eggs and egg products, vegetables and
vegetable products, fruits, fruit products, and pure fruit
juices, condiments, sugar and sugar products, coffee and coffee
substitutes, tea, and cocoa and cocoa products. It does not
include: spirituous or malt liquors; soft drinks; sodas and
beverages that are ordinarily dispensed at bars and soda
fountains or in connection therewith, other than coffee, tea, and
cocoa; root beer and root beer extracts; malt and malt extracts;
mineral oils, cod liver oils, and halibut liver oil; medicines,
including tonics, vitamin preparations, and other products sold
primarily for their medicinal properties; and water, including
mineral, bottled, and carbonated waters, and ice.
(C) The levy of an excise tax on transactions by which
lodging by a hotel is or is to be furnished to transient guests
pursuant to this section and division (B) of section 5739.01 of
the Revised Code does not prevent any of the following:
(1) A municipal corporation or township from levying an
excise tax for any lawful purpose not to exceed three per cent on
transactions by which lodging by a hotel is or is to be furnished
to transient guests in addition to the tax levied by this
section. If a municipal corporation or township repeals a tax
imposed under division (C)(1) of this section and a county in
which the municipal corporation or township has territory has a
tax imposed under division (C) of section 5739.024 of the Revised
Code in effect, the municipal corporation or township may not
reimpose its tax as long as that county tax remains in effect. A
municipal corporation or township in which a tax is levied under
division (B)(2) of section 351.021 of the Revised Code may not
increase the rate of its tax levied under division (C)(1) of this
section to any rate that would cause the total taxes levied under
both of those divisions to exceed three per cent on any lodging
transaction within the municipal corporation or township.
(2) A municipal corporation or a township from levying an
additional excise tax not to exceed three per cent on such
transactions pursuant to division (B) of section 5739.024 of the
Revised Code. Such tax is in addition to any tax imposed under
division (C)(1) of this section.
(3) A county from levying an excise tax pursuant to division (A) of
section 5739.024 of the Revised Code.
(4) A county from levying an excise tax not to exceed
three per cent of such transactions pursuant to division (C) of
section 5739.024 of the Revised Code. Such a tax is in addition
to any tax imposed under division (C)(3) of this section.
(5) A convention facilities authority, as defined in
division (A) of section 351.01 of the Revised Code, from levying
the excise taxes provided for in division (B) of section 351.021
of the Revised Code.
(6) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(D) of section 5739.024 of the Revised Code. Such tax is in
addition to any tax imposed under division (C)(3) or (4) of this
section.
(7) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(E) of section 5739.024 of the Revised Code. Such a tax is in
addition to any tax imposed under division (C)(3), (4), or (6) of
this section.
(D) The levy of this tax on retail sales of recreation and sports
club service shall not prevent a municipal corporation from levying any tax on
recreation and sports club dues or on any income generated by recreation and
sports club dues.
Sec. 5741.02. (A) For the use of the general revenue fund
of the state, an excise tax is hereby levied on the storage, use,
or other consumption in this state of tangible personal property
or the benefit realized in this state of any service provided.
The tax shall be collected pursuant to the schedules in section
5739.025 of the Revised Code.
(B) Each consumer, storing, using, or otherwise consuming
in this state tangible personal property or realizing in this
state the benefit of any service provided, shall be liable for the
tax, and such liability shall not be extinguished until the tax
has been paid to this state; provided, that the consumer shall be
relieved from further liability for the tax if the tax has been
paid to a seller in accordance with section 5741.04 of the
Revised Code or prepaid by the seller in accordance with section
5741.06 of the Revised Code.
(C) The tax does not apply to the storage, use, or
consumption in this state of the following described tangible
personal property or services, nor to the storage, use, or
consumption or benefit in this state of tangible personal
property or services purchased under the following described
circumstances:
(1) When the sale of property or service in this state is
subject to the excise tax imposed by sections 5739.01 to 5739.31
of the Revised Code, provided said tax has been paid;
(2) Except as provided in division (D) of this section,
tangible personal property or services, the acquisition of which,
if made in Ohio, would be a sale not subject to the tax imposed
by sections 5739.01 to 5739.31 of the Revised Code;
(3) Property or services, the storage, use, or other
consumption of or benefit from which this state is prohibited
from taxing by the Constitution of the
United States, laws of the
United States, or the Constitution of this
state. This exemption
shall not exempt from the application of the tax imposed by this
section the storage, use, or consumption of tangible personal
property that was purchased in interstate commerce, but
that has come to rest in this state, provided that fuel to
be used or
transported in carrying on interstate commerce that is
stopped within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section
5739.02 of the Revised Code;
(4) Transient use of tangible personal property in this
state by a nonresident tourist or vacationer, or a non-business
use within this state by a nonresident of this state, if the
property so used was purchased outside this state for use outside
this state and is not required to be registered or licensed under
the laws of this state;
(5) Tangible personal property or services rendered upon
which taxes have been paid to another jurisdiction to the extent
of the amount of the tax paid to such other jurisdiction. Where
the amount of the tax imposed by this section and imposed
pursuant to section 5741.021, 5741.022, or 5741.023 of the
Revised Code exceeds the amount paid to another jurisdiction, the
difference shall be allocated between the tax imposed by this
section and any tax imposed by a county or a transit authority
pursuant to section 5741.021, 5741.022, or 5741.023 of the
Revised Code, in proportion to the respective rates of such
taxes.
As used in this subdivision, "taxes paid to another
jurisdiction" means the total amount of retail sales or use tax
or similar tax based upon the sale, purchase, or use of tangible
personal property or services rendered legally, levied by and paid
to another state or political subdivision thereof, or to the
District of Columbia, where the payment of such tax does not
entitle the taxpayer to any refund or credit for such payment.
(6) The transfer of a used manufactured home or used mobile home,
as defined by section 5739.0210 of the Revised Code,
on which the transfer tax imposed by
section 322.06 of the Revised Code has been paid MADE ON OR AFTER
JANUARY 1, 2000.
(D) The tax applies to the storage, use, or other
consumption in this state of tangible personal property or
services, the acquisition of which at the time of sale was
excepted under division (E)(1) of section 5739.01 of the Revised
Code from the tax imposed by section 5739.02 of the Revised Code,
but which has subsequently been temporarily or permanently
stored, used, or otherwise consumed in a taxable manner.
(E) For the purpose of the proper administration of
sections 5741.01 to 5741.22 of the Revised Code, and to prevent
the evasion of the tax hereby levied, it shall be presumed that
any use, storage, or other consumption of tangible personal
property in this state is subject to the tax until the contrary
is established.
Section 2. That existing sections 109.71, 109.77, 145.01, 145.33, 306.42,
306.52, 319.54, 742.63, 2925.44, 2933.43,
2935.01, 4301.021, 4301.10, 4301.21, 4301.31, 4301.53, 4301.66, 4501.03,
4501.10,
4501.27, 4503.102, 4503.19, 4505.06, 4507.011, 4507.02, 4509.101, 4561.021,
4561.20, 4561.341, 4563.01,
4906.10,
5501.03, 5501.04, 5501.07,
5502.01, 5502.13, 5502.14, 5502.16, 5502.17, 5502.18, 5502.62, 5517.011,
5735.051, 5739.02, and 5741.02 and sections 4501.14 and 5502.61 of the Revised
Code are hereby
repealed.
Section 3. Except as otherwise provided, all appropriation
line items (ALI) in this act are hereby appropriated out of any
moneys in the state treasury to the credit of the designated
fund, which are not otherwise appropriated. For all
appropriations made in this act, those amounts in the first
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001.
Section 4. DOT DEPARTMENT OF TRANSPORTATION
FND | ALI | ALI TITLE | | FY 2000 | | FY 2001 |
Transportation Planning and Research
Highway Operating Fund Group
002 | 771-411 | Planning and Research - State | $ | 11,817,700 | $ | 12,106,000 |
002 | 771-412 | Planning and Research - Federal | $ | 25,424,800 | $ | 25,510,000 |
TOTAL HOF Highway Operating | | | | |
Fund Group | $ | 37,242,500 | $ | 37,616,000 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Transportation Planning | | | | |
and Research | $ | 37,242,500 | $ | 37,616,000 |
Highway Construction
Highway Operating Fund Group
002 | 772-421 | Highway Construction - State | $ | 366,422,300 | $ | 377,232,400 |
002 | 772-422 | Highway Construction - Federal | $ | 859,575,200 | $ | 874,490,000 |
002 | 772-424 | Highway Construction - Other | $ | 50,000,000 | $ | 50,000,000 |
212 | 770-005 | Infrastructure Debt Service - Federal | $ | 16,100,000 | $ | 16,300,000 |
212 | 772-423 | Infrastructure Lease Payments - Federal | $ | 12,534,463 | $ | 12,535,063 |
212 | 772-426 | Highway Infrastructure Bank - Federal | $ | 5,000,000 | $ | 5,000,000 |
212 | 772-427 | Highway Infrastructure Bank - State | $ | 32,030,000 | $ | 32,030,000 |
TOTAL HOF Highway Operating | | | | |
Fund Group | $ | 1,341,661,963 | $ | 1,367,587,463 |
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 | $ | 30,000,000 | $ | 0 |
TOTAL 045 Infrastructure Bank | | | | |
Obligations Fund Group | $ | 30,000,000 | $ | 0 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Highway Construction | $ | 1,596,661,963 | $ | 1,470,087,463 |
Highway Maintenance
Highway Operating Fund Group
002 | 773-431 | Highway Maintenance - State | $ | 361,614,800 | $ | 361,027,000 |
TOTAL HOF Highway Operating | | | | |
Fund Group | $ | 361,614,800 | $ | 361,027,000 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Highway Maintenance | $ | 361,614,800 | $ | 361,027,000 |
Intermodal Transportation
State Special Revenue Fund Group
4Y2 | 774-446 | Congestion Mitigation Revolving Fund | $ | 50,000 | $ | 50,000 |
4T5 | 770-609 | Administration Memorial Fund | $ | 5,000 | $ | 5,000 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 55,000 | $ | 55,000 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Intermodal Transportation | $ | 55,000 | $ | 55,000 |
Public Transportation
Highway Operating Fund Group
002 | 775-452 | Public Transportation - Federal | $ | 43,375,000 | $ | 43,375,000 |
002 | 775-454 | Public Transportation - Other | $ | 1,002,000 | $ | 1,002,000 |
002 | 775-459 | Elderly and Disabled Special Equipment - Federal | $ | 3,510,000 | $ | 3,510,000 |
TOTAL HOF Highway Operating | | | | |
Fund Group | $ | 47,887,000 | $ | 47,887,000 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Public Transportation | $ | 47,887,000 | $ | 47,887,000 |
Rail Transportation
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 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Rail Transportation | $ | 15,000,000 | $ | 15,000,000 |
Aviation
Highway Operating Fund Group
002 | 777-472 | Airport Improvements - Federal | $ | 405,000 | $ | 405,000 |
002 | 777-475 | Aviation Administration | $ | 4,540,716 | $ | 4,557,140 |
TOTAL HOF Highway Operating | | | | |
Fund Group | $ | 4,945,716 | $ | 4,962,140 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Aviation | $ | 4,945,716 | $ | 4,962,140 |
Administration
Highway Operating Fund Group
002 | 779-491 | Administration - State | $ | 107,561,200 | $ | 107,686,500 |
TOTAL HOF Highway Operating | | | | |
Fund Group | $ | 107,561,200 | $ | 107,686,500 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Administration | $ | 107,561,200 | $ | 107,686,500 |
Debt Service
Highway Operating Fund Group
002 | 770-003 | Administration - State - Debt Service | $ | 18,000,000 | $ | 21,100,000 |
TOTAL HOF Highway Operating | | | | |
Fund Group | $ | 18,000,000 | $ | 21,100,000 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Debt Service | $ | 18,000,000 | $ | 21,100,000 |
TOTAL Department of Transportation
TOTAL HOF Highway Operating | | | | |
Fund Group | $ | 1,933,913,179 | $ | 1,962,866,103 |
TOTAL 042 Highway Capital | | | | |
Improvement Fund Group | $ | 225,000,000 | $ | 102,500,000 |
TOTAL 045 Infrastructure Bank | | | | |
Obligations Fund Group | $ | 30,000,000 | $ | 0 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 55,000 | $ | 55,000 |
TOTAL ALL BUDGET FUND GROUPS | $ | 2,188,968,179 | $ | 2,065,421,103 |
Section 4.01. Issuance of Bonds
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
in addition to the original issuance of obligations
heretofore
authorized by prior acts of the General Assembly.
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
5528.53 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 2000 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 2000 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.
Section 4.02. Maintenance Interstate Highways
The Director of Transportation may remove snow and ice, and
maintain, repair, improve, or provide lighting upon interstate
highways that 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 in maintaining, repairing, lighting, and
removing snow and ice from the interstate system.
Section 4.03. Transfer of Appropriations - Planning and
Research, Highway Construction, Maintenance and AdministrationThe Director of Budget and Management may approve requests from
the Department of Transportation for transfer of
appropriations for highway planning and research (appropriation items
771-411 and 771-412), highway construction (appropriation items 772-421,
772-422, and 772-424), highway maintenance (appropriation item 773-431),
and highway administration (appropriation item 779-491).
Transfers of appropriations
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 appropriations and
cash of the
Infrastructure Bank funds created in section 5531.09 of the Revised Code,
including transfers between fiscal years 2000 and 2001. 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 appropriation 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 appropriations and
cash of the Highway Operating Fund (Fund 002) to the Infrastructure Bank funds
created in section 5531.09 of the Revised Code.
The Director of Budget and Management may
transfer from the Infrastructure Bank funds to the
Highway Operating Fund up to the amounts originally
transferred to the Infrastructure Bank funds under this
section. 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.
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),
the Highway
Capital Improvement Fund (Fund 042), and the Infrastructure
Bank funds created in section 5531.09 of the Revised Code remaining
unencumbered on June 30, 1999, and the unexpended balance of prior years'
appropriations that
subsequently become unencumbered after June 30, 1999, subject to
the availability of revenue as determined by the Director of
Transportation, are hereby reappropriated for the same purpose in
fiscal year 2000 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),
the Highway
Capital Improvement Fund (Fund 042), and the Infrastructure
Bank funds created in section 5531.09 of the Revised Code
remaining unencumbered as of
June 30, 2000, are reappropriated for use during fiscal year 2001
for the same purpose. The department shall report all such
reappropriations
to the Controlling Board.
Section 4.04. Public Access Roads for State FacilitiesOf the foregoing appropriation item 772-421, Highway Construction
- State, $3,100,000 is to be used each fiscal year during the
1999-2001 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, $2,200,000 in each fiscal year of the 1999-2001 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 774-446, 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.
Section 4.05. Department of TaxationBy the thirtieth day of June of each fiscal year, the Director of Budget
and Management shall transfer $4,300,000 in cash from Fund 002, the Highway
Operating Fund, 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.
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 appropriation item 770-003 exceed the rental payments for fiscal year
2000 or 2001, then prior to June 30, 2001, the balance may be
transferred to appropriation 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.
Section 4.06. Composite Bridge Decks
The Governor may authorize a program to investigate the use of composite and
other alternative material bridge decks both to extend scarce transportation
dollars and to promote economic development in Ohio.
Section 4.07. Public Transportation Highway Purpose GrantsThe Director of Transportation is authorized to use revenues 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 that are the responsibility of
a regional
transit authority or other public transportation system, or other
similar
construction that 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.
Section 4.08. Aviation Fuel Study
The Department of Transportation shall complete a
comprehensive aviation study with the cooperation of the Office of
Budget and Management, the Legislative Budget Office of the Legislative
Service Commission, the
Department of Taxation, and any other agency that is deemed
necessary. The report shall include all the following and any
additional information deemed necessary:
(A) The amount of aviation fuel sold in Ohio by type;
(B) A breakdown of all taxes paid on that fuel;
(C) The current state of the airport infrastructure of Ohio's public
use general aviation airports;
(D) The forecasted needs of those airports in the 21st century.
The report shall be completed by October 1, 1999, and reported
to the House Finance and Appropriations Committee.
Section 5. DHS DEPARTMENT OF PUBLIC SAFETY
Highway Safety Information and Education
State Highway Safety Fund Group
036 | 761-321 | Operating Expense - Information and Education | $ | 2,817,706 | $ | 2,893,048 |
036 | 761-402 | Traffic Safety Match | $ | 277,137 | $ | 277,137 |
831 | 761-610 | Information and Education - Federal | $ | 532,824 | $ | 539,964 |
83N | 761-611 | Elementary School Seat Belt Program | $ | 362,356 | $ | 370,151 |
832 | 761-612 | Traffic Safety-Federal | $ | 11,911,963 | $ | 12,312,386 |
844 | 761-613 | Seat Belt Education Program | $ | 208,743 | $ | 213,753 |
846 | 761-625 | Motorcycle Safety Education | $ | 1,250,698 | $ | 1,271,962 |
847 | 761-622 | Film Production Reimbursement | $ | 43,079 | $ | 44,285 |
TOTAL HSF State Highway Safety | | | | |
Fund Group | $ | 17,406,506 | $ | 17,924,687 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Highway Safety Information | | | | |
and Education | $ | 17,406,506 | $ | 17,924,687 |
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 appropriations 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. This appropriation shall be expended only for supplies
and
the
maintenance of equipment necessary to perform such services.
Section 5.01. Bureau of Motor Vehicles
State Special Revenue Fund Group
4U0 | 762-638 | Collegiate License Plate Program | $ | 406,709 | $ | 416,470 |
4U2 | 762-641 | Football Hall of Fame License Plates | $ | 252,975 | $ | 259,046 |
5G8 | 762-668 | Ohio CASA/GAL License Plates | $ | 300,000 | $ | 307,200 |
5G9 | 762-669 | Rotary International License Plates | $ | 20,000 | $ | 20,480 |
5J0 | 762-670 | Pro Sports Team License Plates | $ | 1,250,000 | $ | 2,500,000 |
5J1 | 762-671 | Boy Scouts License Plates | $ | 25,000 | $ | 25,000 |
5J2 | 762-672 | Girl Scouts License Plates | $ | 25,000 | $ | 25,000 |
5J3 | 762-673 | Eagle Scouts License Plates | $ | 25,000 | $ | 25,000 |
5J4 | 762-674 | FOP License Plates | $ | 15,000 | $ | 15,000 |
5J5 | 762-675 | FOP Associates License Plates | $ | 60,000 | $ | 60,000 |
539 | 762-614 | Motor Vehicle Dealers Board | $ | 222,623 | $ | 227,506 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 2,602,307 | $ | 3,880,702 |
State Highway Safety Fund Group
4W4 | 762-321 | Operating Expense-BMV | $ | 59,524,444 | $ | 59,584,303 |
4W4 | 762-410 | Registrations Supplement | $ | 31,480,879 | $ | 32,197,278 |
83R | 762-639 | Local Immobilization Reimbursement | $ | 1,261,973 | $ | 1,292,260 |
835 | 762-616 | Financial Responsibility Compliance | $ | 5,650,575 | $ | 5,674,529 |
849 | 762-627 | Automated Title Processing Board | $ | 16,354,358 | $ | 11,858,624 |
TOTAL HSF State Highway Safety | | | | |
Fund Group | $ | 114,272,229 | $ | 110,606,994 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Bureau of Motor Vehicles | $ | 116,874,536 | $ | 114,487,696 |
Motor Vehicle Registrations
The Registrar 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
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 Motor Vehicles.
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.
Administrative Functions
Subject to the approval of the Director of Budget and
Management, the Registrar of Motor Vehicles may transfer cash
from the State Bureau of Motor Vehicles Fund (Fund 4W4) and the
Automated Title Processing Fund (Fund 849) to the State Highway
Safety Fund (Fund 036) to meet obligations for its proportionate
share of costs for the department's administrative
functions, as mutually agreed to between the Director of Public
Safety and the Registrar of Motor Vehicles.
Bureau of Motor Vehicle Fund Consolidation
On July 1, 1999, or as soon thereafter as possible, the Director of Budget
and
Management shall transfer the cash balances in the Central Registration Fund
(Fund 83E) and the Facility Rentals Fund (Fund 83L) to the State Bureau of
Motor
Vehicles Fund (Fund 4W4). Both the Central Registration Fund and the Facility
Rentals Fund are hereby abolished. The spending authority to honor
encumbrances
established in the prior fiscal year is hereby appropriated.
Section 5.02. Enforcement
State Highway Safety Fund Group
036 | 764-033 | Minor Capital Projects | $ | 1,659,186 | $ | 1,689,075 |
036 | 764-321 | Operating Expense - Highway Patrol | $ | 172,777,889 | $ | 171,329,899 |
83C | 764-630 | Contraband, Forfeiture, Other | $ | 572,263 | $ | 583,057 |
83F | 764-657 | Law Enforcement Auto. Data System | $ | 4,794,209 | $ | 4,882,658 |
83G | 764-633 | OMVI Fines | $ | 727,033 | $ | 731,550 |
831 | 764-610 | Patrol/Federal | $ | 2,055,814 | $ | 2,049,980 |
831 | 764-659 | Transportation Enforcement - Federal | $ | 2,517,623 | $ | 2,499,615 |
837 | 764-602 | Turnpike Policing | $ | 8,347,714 | $ | 8,312,784 |
838 | 764-606 | Patrol Reimbursement | $ | 212,025 | $ | 212,025 |
840 | 764-607 | State Fair Security | $ | 1,248,521 | $ | 1,241,747 |
840 | 764-617 | Security and Investigations | $ | 3,964,371 | $ | 3,940,861 |
840 | 764-626 | State Fairgrounds Police Force | $ | 732,167 | $ | 750,364 |
840 | 761-667 | Security Assessment | $ | 137,560 | $ | 139,416 |
841 | 764-603 | Salvage and Exchange - Highway Patrol | $ | 1,187,761 | $ | 1,216,267 |
TOTAL HSF State Highway Safety | | | | |
Fund Group | $ | 200,934,136 | $ | 199,579,298 |
General Services Fund Group
4S2 | 764-660 | MARCS Maintenance | $ | 304,284 | $ | 303,550 |
TOTAL GSF General Services | | | | |
Fund Group | $ | 304,284 | $ | 303,550 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Enforcement | $ | 201,238,420 | $ | 199,882,848 |
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.
Section 5.03. Emergency Medical Services
State Highway Safety Fund Group
83M | 765-624 | Operating Expenses - EMS | $ | 1,560,000 | $ | 1,578,512 |
83P | 765-637 | EMS Grants | $ | 4,000,000 | $ | 4,000,000 |
831 | 765-610 | EMS/Federal | $ | 251,760 | $ | 257,803 |
TOTAL HSF State Highway Safety | | | | |
Fund Group | $ | 5,811,760 | $ | 5,836,315 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Emergency Medical Services | $ | 5,811,760 | $ | 5,836,315 |
Section 5.04. Special Enforcement
State Highway Safety Fund Group
831 | 767-610 | Liquor Enforcement - Federal | $ | 200,000 | $ | 200,000 |
831 | 769-610 | Food Stamp Trafficking Enforcement - Federal | $ | 721,787 | $ | 878,704 |
TOTAL HSF State Highway Safety | | | | |
Fund Group | $ | 921,787 | $ | 1,078,704 |
Liquor Control Fund Group
043 | 767-321 | Liquor Enforcement - Operations | $ | 8,531,000 | $ | 8,379,000 |
TOTAL LCF Liquor Control Fund | | | | |
Group | $ | 8,531,000 | $ | 8,379,000 |
State Special Revenue Fund Group
622 | 767-615 | Investigative Contraband and Forfeiture | $ | 377,295 | $ | 385,768 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 377,295 | $ | 385,768 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Special Enforcement | $ | 9,830,082 | $ | 9,843,472 |
Food Stamp and Liquor Enforcement Fund Consolidation
On July 1, 1999, or as soon thereafter as possible, the Director of Budget
and
Management shall transfer the cash balances in the Liquor Enforcement
Contraband,
Forfeiture and Other Fund (Fund 863) and the Food Stamp Contraband, Forfeiture
and Other Fund (Fund 4M3) to the Investigative Contraband, Forfeiture and
Other
Fund (Fund 622). Both the Liquor Enforcement Contraband, Forfeiture and Other
Fund and the Food Stamp Contraband, Forfeiture and Other Fund are hereby
abolished. The spending authority to honor encumbrances established in the
prior fiscal year is hereby appropriated.
Section 5.05. Emergency Management
Federal Special Revenue Fund Group
| | | | | | |
3N5 | 763-644 | U.S. DOE Agreement | $ | 199,875 | $ | 195,961 |
329 | 763-645 | Individual/Family Grant - Fed | $ | 750,000 | $ | 749,674 |
337 | 763-609 | Federal Disaster Relief | $ | 10,600,000 | $ | 5,597,556 |
339 | 763-647 | Emergency Management Assistance and Training | $ | 4,500,000 | $ | 4,490,434 |
TOTAL FED Federal Special | | | | |
Revenue Fund Group | $ | 16,049,875 | $ | 11,033,625 |
General Services Fund Group
4V3 | 763-662 | Storms/NOAA Maintenance | $ | 169,900 | $ | 167,943 |
4W6 | 763-663 | MARCS Operations | $ | 436,000 | $ | 432,447 |
533 | 763-601 | State Disaster Relief | $ | 8,370,843 | $ | 4,372,348 |
TOTAL GSF General Services | | | | |
Fund Group | $ | 8,976,743 | $ | 4,972,738 |
State Special Revenue Fund Group
4Y0 | 763-654 | EMA Utility Payment | $ | 143,220 | $ | 146,657 |
4Y1 | 763-655 | Salvage & Exchange-EMA | $ | 27,028 | $ | 27,676 |
657 | 763-652 | Utility Radiological Safety | $ | 822,079 | $ | 806,339 |
681 | 763-653 | SARA Title III HAZMAT Planning | $ | 190,000 | $ | 188,452 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 1,182,327 | $ | 1,169,124 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Emergency Management | $ | 26,208,945 | $ | 17,175,487 |
MARCS Fund Transfer
In the event that the Emergency Management Agency is not designated by the
Director 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 appropriation 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 Communications System.
SARA Title III HAZMAT Planning
The SARA Title III HAZMAT Planning Fund (Fund 681) 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.
Section 5.06. Administration
State Highway Safety Fund Group
036 | 766-321 | Operating Expense - Administration | $ | 4,373,000 | $ | 4,442,000 |
830 | 761-603 | Salvage and Exchange - Administration | $ | 20,574 | $ | 21,067 |
TOTAL HSF State Highway Safety | | | | |
Fund Group | $ | 4,393,574 | $ | 4,463,067 |
General Services Fund Group
4S3 | 766-661 | Hilltop Utility Reimbursement | $ | 550,000 | $ | 550,000 |
Administration | 762-664
| 5C7 | | | | | | |
TOTAL GSF General Services | | | | |
Fund Group | $ | 550,000 | $ | 550,000 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
$ | 4,943,574 | $ | 5,013,067 |
Section 5.07. Debt Service
State Highway Safety Fund Group
036 | 761-401 | Lease Rental Payments | $ | 12,600,000 | $ | 14,000,000 |
TOTAL HSF State Highway Safety | | | | |
Fund Group | $ | 12,600,000 | $ | 14,000,000 |
TOTAL ALL BUDGET FUND GROUPS - | | | | |
Debt Service | $ | 12,600,000 | $ | 14,000,000 |
Hilltop Security Fund Consolidation
On July 1, 1999, or as soon thereafter as possible, the Director of Budget
and
Management shall transfer the cash balances in the Hilltop Security Fund (Fund
5C8) to the State Highway Safety Fund (Fund 036) and the Hilltop Security Fund
is hereby abolished. The spending authority to honor encumbrances established
in the prior fiscal year is hereby appropriated.
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, 1999, to June 30, 2001, pursuant to the primary
leases and agreements for those buildings made under Chapter 152.
of the Revised Code that 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
appropriation item 761-401, Lease Rental Payments, that 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).
Section 5.08. Revenue Distribution
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 |
TOTAL Department of Public Safety
TOTAL HSF State Highway Safety | | | | |
Fund Group | $ | 356,337,992 | $ | 353,487,064 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 4,161,929 | $ | 5,435,594 |
TOTAL LCF Liquor Control | | | | |
Fund Group | $ | 8,531,000 | $ | 8,379,000 |
TOTAL GSF General Services | | | | |
Fund Group | $ | 9,831,027 | $ | 5,826,288 |
TOTAL FED Federal Revenue Special | | | | |
Fund Group | $ | 16,049,875 | $ | 11,033,625 |
TOTAL 090 Holding Account Redistribution | | | | |
Fund Group | $ | 1,635,000 | $ | 1,635,000 |
TOTAL ALL BUDGET FUND GROUPS | $ | 396,546,823 | $ | 385,796,571 |
Section 5.09. Transfer of FundsThe 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 cash 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.
Data Services Fund (5C7)
Upon the effective date of this section, any residual cash in the
Data Services Fund (Fund 5C7) shall be transferred to the
Highway Safety Fund (Fund 036) and the Bureau of Motor Vehicles
Fund (Fund 4W4). The residual cash shall be divided between
Funds 036 and 4W4 in amounts proportional to the amounts that
were previously transferred to Fund 5C7 from Funds 036 and 4W4
as provided in Section 8.09 of Am. Sub. H.B. 210 of the
122nd General Assembly.
Notwithstanding any provision of law to the contrary,
the Director of Budget and Management is authorized to take the
actions as described in this section. The Director of Budget and
Management may make any transfers of cash balances between funds
5C7, 036, and 4W4 as previously described in this section. The
Registrar of Motor Vehicles shall certify to the Director of
Budget and Management the amount of cash balance to be
transferred to the receiving funds.
Cash Balance Fund Review
Not later than the first day of April 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.
Section 6. DEV DEPARTMENT OF DEVELOPMENT
State Special Revenue Fund Group
4W0 | 195-629 | Roadwork Development | $ | 12,699,900 | $ | 12,699,900 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 12,699,900 | $ | 12,699,900 |
TOTAL ALL BUDGET FUND GROUPS | $ | 12,699,900 | $ | 12,699,900 |
Any unspent balance remaining within Fund 4W0 appropriation item 195-629,
Roadwork Development, at the end of fiscal year 1999 is hereby appropriated in
fiscal year 2000.
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 appropriation 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 appropriation 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 Districts
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 each of the transportation improvement
districts of Butler, Hamilton, Medina, and Stark counties,
as provided for
in section 5540.151 of the Revised Code. The transportation
improvement districts may use the payments for any purpose authorized under
Chapter 5540. of the Revised Code, including administrative activities and the
purchase of property and rights for the construction, maintenance, or
operation of a project. These payments shall not be subject to the
restrictions of appropriation item 195-629.
Section 7. PWC PUBLIC WORKS COMMISSION
Local Transportation Improvements Fund Group
052 | 150-402 | LTIP - Operating | $ | 397,133 | $ | 402,980 |
052 | 150-701 | Local Transportation Improvement Program | $ | 62,000,000 | $ | 62,000,000 |
TOTAL 052 Local Transportation | | | | |
Improvements Fund Group | $ | 62,397,133 | $ | 62,402,980 |
Local Infrastructure Improvements Fund Group
038 | 150-321 | Operating Expenses | $ | 928,677 | $ | 941,989 |
TOTAL LIF Local Infrastructure Improvements | | | | |
Fund Group | $ | 928,677 | $ | 941,989 |
TOTAL ALL BUDGET FUND GROUPS | $ | 63,325,810 | $ | 63,344,969 |
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 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) in Am. Sub. H.B. 210 of the 122nd
General Assembly remaining unencumbered as of June 30, 1999, are
reappropriated for use during the period July 1, 1999, through
June 30, 2001, 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) in this act
remaining unencumbered at June 30, 2000, may be transferred to fiscal
year 2001 for the same purpose, subject to the availability of
revenue as determined by the Director of the Public Works
Commission.
Section 8. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each item of
appropriation made in this act, and shall determine the form and
manner in which such appropriation accounts shall be maintained.
Expenditures from appropriations contained in this act may be
accounted as though made in the main operating appropriations
act of the 123rd General Assembly.
Section 9. Lease Payments to OPFC, OBA, and Treasurer
Certain appropriations are in this act for the purpose of lease
payments to the Ohio Public Facilities Commission, to the Ohio
Building Authority, and to the Treasurer of State for the purpose
of paying principal and interest on bonds or notes issued by the
Ohio Public Facilities Commission, the Ohio Building Authority, or
the Treasurer of State pursuant to the Ohio Constitution and acts of the
General Assembly. If it is determined that additional
appropriations are necessary for this purpose, such amounts are
hereby appropriated.
Section 10. The Legislative Budget Office of the
Legislative Service Commission shall conduct a study to determine the need for
additional resources to meet local construction and maintenance needs for
highways, bridges, and mass transit. The study shall identify possible
alternative sources of revenue that could be imposed by local governments, or
imposed by the state and distributed to local governments. The study also
shall
consider whether and how the state's allocation of funds to local projects
could
be done in ways more responsive to local needs and local variations in the
condition of highways, bridges, and mass transit systems. The Legislative
Budget
Office shall submit a report setting forth the results of its study to the
General Assembly on or before July 1, 2000.
Section 11. (A) Not later than 90 days after the effective date of
section 5525.25 of the Revised Code, the Director of
Transportation shall report to the Controlling Board on the
Department of Transportation's comprehensive implementation plan
for warranties. The report shall include the following:
(1) The number and type of projects to be bid meeting the
requirements of divisions (A) and (B) of that section;
(2) An investigation of alternative warranty contracting options,
including incentives, different bidding methods, and
implementation of new technologies, construction techniques, and
materials to prolong pavement life considering such factors as
density, smoothness, and segregation;
(3) Development of a surface warranty for all pavement projects
on interstate highways and multi-lane, fully controlled-access
highways under jurisdiction of the director. The surface warranty
shall warrant only against common pavement distresses, including,
but not limited to, delamination, raveling, and rutting. The
implementation plan must include a schedule of introduction of the
surface warranty into the department's annual construction program
so that all pavement projects let by the department require the
warranty not later than June 30, 2001.
(B) Not later than December 31, 2000, the director shall report
to the General Assembly the department's findings on the use of
warranties, including comparisons of cost, techniques and quality
of warranted and nonwarranted items, and recommendations for
further use of warranties.
Section 12. The Executive Director of the Ohio Rail Development Commission,
the Chairman of the Public Utilities Commission, and the Deputy Director of
the Emergency Management Agency shall
review and evaluate information and develop a report concerning the
following
topics:
(A) Grade separations and improvements needed to alleviate safety problems
and
congestion in the state;
(B) How to develop a priority system to determine the order in which those
grade
separations and improvements could be made;
(C) Potential funding sources for the grade separation and improvement
projects;
(D) Statutory and regulatory changes that may be necessary to
maintain the public health and safety with regard to predicted
increases in rail transportation of hazardous materials in this
state.
The Executive Director, Chairman, and Deputy Director shall submit the report
to the General Assembly on or
before December 31, 1999.
Section 13. As used in this section, "Department of Public
Safety enforcement agent" has the same meaning as in section
145.01 of the Revised Code, as amended by this act.
Not later than ninety days after the effective date of this section,
each Department of Public Safety enforcement agent who is a
member of the Public Employees Retirement System and was not immediately prior
to the effective date of this section designated as a liquor control
investigator shall indicate
to the system, on a form supplied by the system, a choice of
whether to receive benefits under division (A) of section 145.33
of the Revised Code or division (B) of that section.
Section 13.01. (A) On and after the effective date of this
section, whenever the Liquor Enforcement Unit, Food Stamp Trafficking
Unit, Food Stamp Fraud Unit, or Investigations Unit of the Department of
Public Safety
is referred to or designated in any statute, rule, contract, or
other document, the reference or designation shall be deemed to
refer to the Investigative Unit of the department, which is the
name given under section 5502.13 of the Revised Code, as amended
by this act, to the units formerly known as the Liquor
Enforcement Unit, Food Stamp Trafficking Unit, Food Stamp Fraud Unit, and
Investigation Unit of the department.
(B) On and after the effective date of this section, whenever
the position of liquor control investigator or food stamp
trafficking agent is referred to or designated in any statute,
rule, contract, or other document, the reference or designation
shall be deemed to refer to the position of enforcement agent,
which is the name given under section 5502.14 of the Revised
Code, as amended by this act, to the positions formerly known as
liquor control investigator or food stamp trafficking agent.
(C) On the effective date of this section, any amounts in the
Liquor Enforcement Contraband, Forfeiture, and Other Fund and in
the Food Stamp Contraband, Forfeiture, and Other Fund shall be
transferred to the credit of the Department of Public Safety
Investigative Unit Contraband, Forfeiture, and Other Fund, which
is created under section 2933.43 of the Revised Code, as amended
by this act, and which takes the place of the Liquor Enforcement
Contraband, Forfeiture, and Other Fund and the Food Stamp
Contraband, Forfeiture, and Other Fund.
Section 14. That Section 3 of Am. Sub. S.B. 20 of the 120th
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd General
Assembly, be amended to read as follows:
"Sec. 3. (A) Not later than
January 1, 1998, the Registrar of Motor Vehicles shall adopt rules in
accordance with Chapter 119. of the Revised Code to
establish a pilot program requiring that persons
randomly selected within the pilot program according to a method
developed by the
Registrar be required to verify the existence of proof of financial
responsibility. Not later than January 1, 2000, the
Registrar shall adopt rules in accordance with Chapter 119.
of the Revised Code to establish a permanent program requiring that persons
randomly selected
on a statewide basis be required to verify the existence of proof of financial
responsibility. In adopting the rules, the
Registrar may
consider relevant findings and recommendations of the Task Force on the
Enforcement of the Financial Responsibility Laws of Ohio.
(B) THE RULES OF THE REGISTRAR FOR THE PILOT PROJECT SHALL DO ALL
OF THE FOLLOWING:
(1) ESTABLISH A THREE-STEP PROCESS FOR WRITTEN NOTIFICATION TO
THE OWNER OF A VEHICLE RANDOMLY SELECTED TO SUBMIT PROOF OF FINANCIAL
RESPONSIBILITY, WITH THE LAST NOTIFICATION, WHEN NECESSARY FOR AN OWNER
WHO FAILS TO RESPOND TO THE PREVIOUS NOTICES, TO BE SENT BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
IF THE SECOND NOTICE IS RETURNED
AS NOT DELIVERABLE, THE REGISTRAR SHALL MAKE REASONABLE EFFORTS TO DETERMINE
IF THE OWNER'S ADDRESS HAS CHANGED BEFORE SENDING THE THIRD NOTICE.
(2) ALLOW AN ORDER OF THE REGISTRAR IMPOSING THE CIVIL PENALTIES
REQUIRED UNDER DIVISION (A)(2) OF SECTION 4509.101 OF THE
REVISED
CODE TO BE ISSUED UPON THE FAILURE OF A VEHICLE OWNER TO PROVIDE
PROOF OF FINANCIAL RESPONSIBILITY IN RESPONSE TO THE INITIAL
NOTICE, BUT TO BE IMPLEMENTED IN REGARD TO OWNERS WHO FAIL TO
RESPOND ONLY AFTER THE OWNER HAS FAILED TO RESPOND TO THE THIRD
NOTICE SENT BY CERTIFIED MAIL OR THE CERTIFIED MAIL IS RETURNED AS
REFUSED OR NOT DELIVERABLE.
(3) REQUIRE THE REGISTRAR, WHEN RECORDING THE NECESSARY
INFORMATION FOR AN ORDER IMPOSING THE CIVIL PENALTIES REQUIRED UNDER
DIVISION (A)(2) OF SECTION 4509.101 OF THE REVISED
CODE, TO
DISTINCTLY INDICATE THE TYPE OF SUSPENSION AND IMPOUNDMENT WHEN
THE SUSPENSION OF THE PERSON'S LICENSE AND THE IMPOUNDMENT OF THE
PERSON'S CERTIFICATE OF REGISTRATION AND LICENSE PLATES RESULTS
FROM A FAILURE TO RESPOND TO THE RANDOM VERIFICATION.
(4) ESTABLISH PROCEDURES FOR A PERSON TO PROVIDE PROOF OF
FINANCIAL RESPONSIBILITY AT THE OFFICE OF A DEPUTY REGISTRAR IF THE
OPERATING PRIVILEGES OR REGISTRATION RIGHTS OF THE PERSON ARE SUSPENDED
BECAUSE OF A FAILURE TO RESPOND TO A FINANCIAL RESPONSIBILITY
RANDOM VERIFICATION REQUEST.
(C) IF THE SUSPENSION OF A PERSON'S LICENSE AND THE IMPOUNDMENT
OF THE PERSON'S CERTIFICATE OF REGISTRATION AND LICENSE PLATES RESULTS FROM A
FAILURE TO RESPOND TO A RANDOM VERIFICATION, THE
REGISTRAR DISTINCTLY SHALL INDICATE THE TYPE OF SUSPENSION AND
IMPOUNDMENT WHEN PUTTING THE INFORMATION OF SUCH AN ORDER INTO THE LAW
ENFORCEMENT AUTOMATED DATA SYSTEM AND RECORDING THE INFORMATION AS
PART OF THE PERSON'S PERMANENT RECORD."
Section 15. That existing Section 3 of Am. Sub. S.B. 20 of the 120th General
Assembly, as amended by Am. Sub. H.B. 215 of the 122nd General Assembly, is
hereby repealed.
Section 16. A task force to study the Bureau of Motor Vehicles'
existing method of random selection to verify financial
responsibility is hereby established. The task force shall study
the method and make recommendations on changes to the General
Assembly on or before June 1, 1999. The task force shall consist
of twelve members, including the Director of Public Safety, or the Director's
designee and
the Superintendent of Insurance. The Speaker of the House of
Representatives shall appoint five members of the House of
Representatives to the task force, no more than three of whom
shall be from the same political party as the Speaker. The
President of the Senate shall appoint five members of the Senate
to the task force, no more than three of whom shall be from the
same political party as the President. The Speaker and President
shall make their appointments within two weeks after the effective
date of this section, and shall jointly select the chairperson of
the task force. The Director of Public Safety, or the
Director's designee, and the legislative members of the task force shall be
voting members. The Superintendent of Insurance shall be a nonvoting member.
After making its recommendations to the General
Assembly, the task force shall cease to exist.
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.
Section 17. There is hereby created the Task Force on Motor Vehicle Titling,
consisting of the Director of Public Safety, the Registrar of Motor Vehicles,
two
members of the Senate, both of whom shall be appointed by the President of the
Senate but only one of whom shall be of the same political party as the
President, two members of the House of Representatives, both of whom shall be
appointed by the Speaker of the House of Representatives but only one of whom
shall be of the same political party as the Speaker, a representative of the
Office of the Attorney General designated by the Attorney General, a
representative of the Department of Taxation designated by the Tax
Commissioner,
three members of the Ohio Clerks of Court Association, one of whom shall be
appointed by the Governor and two of whom shall be selected by the Association
as its representatives, the president of the Ohio Automobile Dealers
Association or
the
president's representative, the president of the Ohio Auto Auction Association
or
the president's representative, one person who represents a company that is a
member of the Ohio Telecommunications Industry Association and is appointed by
the Governor, one
person who represents a company that is engaged in the business of
providing financing for the purchase or leasing of motor vehicles and is
appointed by the Governor, and two members of the public at large who are
appointed by the Governor.
The President, Speaker, and Governor shall make their appointments, and the
Tax
Commissioner and Attorney General shall each designate a representative,
within
two weeks after
the effective date of this section, and the President and Speaker
shall select jointly a chairperson of the Task Force from among the four
legislative members.
The Task Force shall evaluate the current state of technology to determine
whether the creation of an efficient, integrated, and accurate system of
delivering information regarding ownership and other interests and related
data
and information relating to motor vehicles, including the area of motor
vehicle
titling, is feasible, and if so, a general estimate of the costs involved in
creating such a system.
The Task Force shall evaluate any recent advancements in
the electronic transfer of information that would make creation of such a
system
possible. The Task Force shall make any recommendations regarding actions
that
would need to be taken to create such a system.
The Task Force shall submit its report, including its evaluations and
recommendations, to the Governor and the General Assembly not later than one
hundred eighty days aft
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