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Sub. H. B. No. 73As Reported by the Senate Highways and Transportation Committee
As Reported by the Senate Highways and Transportation Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Buehrer, Carey, Hoops, Goodman, Gilb, Faber, Calvert, Hughes, Peterson, Grendell, Webster, Womer Benjamin, Raga, Metzger, Core, Allen, Clancy, Flannery, Husted, Evans, Perry, Patton, Coates, Olman, Hagan, D. Miller, Schmidt, Schneider, Jones
SENATORS Furney, Ryan, Mallory, Armbruster, Amstutz, Carnes, Mead, Oelslager, Wachtmann
A BILL
To amend sections 151.01, 163.10, 163.22, 4503.191,
4503.73, 4505.10, 4506.10, 4511.76,
4513.34,
4561.05, 4561.06, 4561.13,
5501.17, 5501.31,
5502.12, 5516.10,
5517.011, 5525.23, 5525.25,
5529.03, 5577.04, and 5735.051,
to enact new
section 4509.27 and sections 1531.35,
4501.35,
4501.39, 5503.12,
5526.01, 5526.02, 5526.03,
5526.04,
5526.05,
5526.06, 5526.07, and 5526.08,
and to
repeal
sections 4509.27 and 5501.18 of the
Revised Code
to make
appropriations for programs
related to
transportation and public safety for
the biennium
beginning July 1, 2001, and ending
June 30, 2003,
and to provide authorization and
conditions for
the operation of those programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 151.01, 163.10, 163.22, 4503.191,
4503.73, 4505.10, 4506.10, 4511.76,
4513.34, 4561.05, 4561.06,
4561.13, 5501.17, 5501.31, 5502.12, 5516.10, 5517.011, 5525.23,
5525.25, 5529.03, 5577.04, and 5735.051 be
amended and
new
section 4509.27 and sections 1531.35,
4501.35, 4501.39, 5503.12,
5526.01,
5526.02, 5526.03, 5526.04, 5526.05,
5526.06, 5526.07, and
5526.08
of the Revised Code be enacted to
read as follows:
Sec. 151.01. (A) As used in sections 151.01 to 151.08 of
the Revised Code
and
in the applicable bond proceedings unless
otherwise provided: (1)
"Bond proceedings" means the resolutions, orders,
agreements, and
credit enhancement facilities, and amendments and
supplements to
them, or any one or more or combination of them,
authorizing,
awarding, or providing for the terms and conditions
applicable to
or providing for the security or liquidity of, the
particular
obligations, and the provisions contained in those
obligations.
(2)
"Bond service fund" means the respective bond service
fund
created by section 151.03, 151.04, 151.05, 151.06, 151.07, or
151.08 of the
Revised Code, and any accounts in that fund,
including all
moneys and investments, and earnings from
investments, credited
and to be credited to that fund and accounts
as and to the extent
provided in the applicable bond proceedings. (3)
"Capital facilities" means capital facilities or
projects
as
referred to in section 151.03, 151.04, 151.05, 151.06,
151.07,
or 151.08
of the Revised Code. (4)
"Costs of capital facilities" means the costs of
acquiring,
constructing, reconstructing, rehabilitating,
remodeling,
renovating, enlarging, improving, equipping, or
furnishing capital
facilities, and of the financing of those
costs.
"Costs of capital
facilities" includes, without
limitation,
and in addition to costs
referred to in section
151.03, 151.04,
151.05, 151.06, 151.07, or 151.08
of the Revised
Code, the cost of
clearance and preparation of the
site and of any
land to be used
in connection with capital
facilities, the cost of
any indemnity
and surety bonds and
premiums on insurance, all
related direct
administrative expenses
and allocable portions of
direct costs of
the issuing authority,
costs of engineering and
architectural
services, designs, plans,
specifications, surveys,
and estimates
of cost, financing costs,
interest on obligations
from their date
to the time when interest
is to be paid from
sources other than
proceeds of obligations,
amounts necessary to
establish any
reserves as required by the
bond proceedings, the
reimbursement of
all moneys advanced or
applied by or borrowed
from any person or
governmental agency or
entity for the payment
of any item of costs
of capital facilities,
and all other expenses
necessary or
incident to planning or
determining feasibility or
practicability
with respect to capital
facilities, and such other
expenses as may
be necessary or
incident to the acquisition,
construction,
reconstruction,
rehabilitation, remodeling,
renovation,
enlargement, improvement,
equipment, and furnishing of
capital
facilities, the financing of
those costs, and the placing
of the
capital facilities in use and
operation, including any one,
part
of, or combination of those
classes of costs and expenses.
(5)
"Credit enhancement facilities,"
"financing costs," and
"interest" or
"interest equivalent" have the same meanings as in
section 133.01 of the Revised Code.
(6)
"Debt service" means principal, including any mandatory
sinking fund or redemption requirements for retirement of
obligations, interest and other accreted amounts, interest
equivalent, and any redemption premium, payable on obligations.
If not prohibited by the applicable bond proceedings, debt service
includes costs relating to credit enhancement facilities that
are
related to and represent, or are intended to provide a source of
payment
of or limitation on, other debt service. (7)
"Issuing authority" means the Ohio public facilities
commission created in section 151.02 of the Revised Code
for
obligations issued under section 151.03, 151.04, 151.05, or 151.07
of the
Revised Code, or
the treasurer of state, or the officer who
by law performs the functions of
that office, for obligations
issued under section 151.06 or 151.08 of the
Revised Code. (8)
"Net proceeds" means amounts received from the sale of
obligations, excluding amounts used to refund or retire
outstanding
obligations, amounts required to be deposited into
special funds
pursuant to the applicable bond proceedings, and
amounts to be
used to pay financing costs. (9)
"Obligations" means bonds, notes, or other evidences of
obligation of the state, including any appertaining interest
coupons, issued pursuant to sections 151.01 to 151.08 of the
Revised Code.
(10)
"Principal amount" means the aggregate of the amount as
stated or provided for in the applicable bond proceedings as the
amount on which interest or interest equivalent on particular
obligations is initially calculated. Principal amount does not
include any premium paid to the state by the initial purchaser of
the obligations.
(11)
"Special funds" or
"funds," unless the context
indicates
otherwise, means the bond service fund, and any other
funds,
including any reserve funds, created under the bond
proceedings
and
stated to be special funds in those proceedings,
including
moneys
and investments, and earnings from investments,
credited
and to be
credited to the particular fund. Special funds
do not
include the
school building program assistance fund created
by
section 3318.25
of the Revised Code, the higher education
improvement fund created
by division (F) of section 154.21 of the
Revised Code, the highway
capital improvement bond fund created by
section 5528.53 of the Revised Code,
the state parks
and natural
resources fund created
by section 1557.02 of the Revised Code, the
coal research and
development fund created by section 1555.15 of
the Revised Code,
or other funds created by the bond proceedings
that are not stated
by those proceedings to be special funds.
(B) Subject to section 2l, 2m, 2n, or 15, and Section 17 of
Article VIII, Ohio Constitution, the state, by the issuing
authority, is authorized to issue and sell, as provided in
sections 151.03 to 151.08 of the Revised Code, and in respective
aggregate principal amounts as from time to time provided or
authorized by the general assembly, general obligations of this
state for the purpose of paying costs of capital facilities or
projects identified by or pursuant to general assembly action. (C) Each issue of obligations shall be authorized by
resolution
or order of the issuing authority. The bond
proceedings shall provide for
or authorize the manner for
determining the principal amount or
maximum principal amount of
obligations of an issue, the principal
maturity or maturities, the
interest rate or rates, the date of
and the dates of payment of
interest on the obligations, their
denominations, and the place or
places of payment of debt service
which may be within or outside
the state. Unless otherwise
provided by law, the latest principal
maturity may not be later
than the earlier of the thirty-first day
of December of the
twenty-fifth calendar year after the year of
issuance of the
particular obligations or of the twenty-fifth
calendar year after
the year in which the original obligation to
pay was issued or
entered into. Sections 9.96, 9.98, 9.981,
9.982, and 9.983 of the Revised
Code apply to obligations. The
purpose of the obligations
may be stated in the bond proceedings
in general terms, such as,
as applicable,
"financing or assisting
in the financing of
projects as provided in Section 2l of Article
VIII, Ohio
Constitution,"
"financing or assisting in the financing
of highway
capital improvement projects as provided in Section 2m
of Article VIII,
Ohio Constitution,"
"paying costs of capital
facilities for
a system of common schools throughout the state as
authorized by
Section 2n of Article VIII, Ohio Constitution,"
"paying
costs of capital facilities for state-supported and
state-assisted
institutions of higher education as authorized by
Section
2n of Article VIII, Ohio Constitution,"
"paying costs of
coal research and development as authorized by Section 15 of
Article
VIII, Ohio Constitution," or
"financing or
assisting in
the financing of local subdivision capital improvement
projects as
authorized by Section 2m of Article VIII,
Ohio Constitution." (D) The issuing authority may appoint or provide for the
appointment of paying agents, bond registrars, securities
depositories, clearing corporations, and transfer agents, and may
without need for any other approval retain or contract for the
services of
underwriters, investment
bankers, financial advisers,
accounting experts, marketing,
remarketing, indexing, and
administrative agents, other
consultants, and independent
contractors, including printing
services, as are necessary in the
judgment of the issuing
authority to carry out its functions under
Chapter 151. of the Revised Code.
When the issuing authority
is
the Ohio public facilities commission, the issuing authority
also
may without need for any other approval retain or contract for the
services of attorneys and other professionals for
that purpose.
Financing costs are
payable, as may be provided in the bond
proceedings, from the proceeds of the obligations, from special
funds, or from other moneys available for the purpose.
(E) The bond proceedings may contain additional provisions
customary or appropriate to the financing or to the obligations or
to particular obligations including, but not limited to,
provisions
for:
(1) The redemption of obligations prior to maturity at the
option of the state or of the holder or upon the occurrence of
certain conditions, and at particular price or prices and under
particular terms and conditions; (2) The form of and other terms of the obligations; (3) The establishment, deposit, investment, and application
of
special funds, and the safeguarding of moneys on hand or on
deposit,
in lieu of the applicability of provisions of Chapter
131. or 135.
of the Revised Code, but subject to any special
provisions of
sections 151.01 to 151.08 of the Revised Code with
respect to the
application of particular funds or moneys. Any
financial
institution that acts as a depository of any moneys in
special
funds or other funds under the bond proceedings may
furnish
indemnifying bonds or pledge securities as required by the
issuing
authority. (4) Any or every provision of the bond proceedings being
binding
upon the issuing authority and upon such governmental
agency or
entity, officer, board, commission, authority, agency,
department,
institution, district, or other person or body as may
from time to
time be authorized to take actions as may be
necessary to perform
all or any part of the duty required by the
provision; (5) The maintenance of each pledge or instrument comprising
part
of the bond proceedings until the state has fully paid or
provided
for the payment of the debt service on the obligations or
met other
stated conditions; (6) In the event of default in any payments required to be
made
by the bond proceedings, or by any other agreement of the
issuing
authority made as part of a contract under which the
obligations
were issued or secured, including a credit enhancement
facility, the
enforcement of those payments by mandamus, a suit in
equity, an action
at law, or any combination of those remedial
actions; (7) The rights and remedies of the holders or owners of
obligations or of book-entry interests in them, and of third
parties
under any credit enhancement facility, and provisions for
protecting and enforcing those rights and remedies, including
limitations on rights of individual holders or owners; (8) The replacement of mutilated, destroyed, lost, or stolen
obligations; (9) The funding, refunding, or advance refunding, or other
provision for payment, of obligations that will then no longer be
outstanding for purposes of this section or of the applicable bond
proceedings; (10) Amendment of the bond proceedings; (11) Any other or additional agreements with the owners of
obligations, and such other provisions as the issuing authority
determines, including limitations, conditions, or qualifications,
relating to any of the foregoing. (F) The great seal of the state or a facsimile of it may be
affixed to or printed on the obligations. The obligations
requiring
execution by or for the issuing authority shall be
signed as
provided in the bond proceedings. Any obligations may
be signed
by the individual who on the date of execution is the
authorized
signer although on the date of these obligations that
individual
is not an authorized signer. In case the individual
whose
signature or facsimile signature appears on any obligation
ceases
to be an authorized signer before delivery of the
obligation, that
signature or facsimile is nevertheless valid and
sufficient for
all purposes as if that individual had remained the
authorized
signer until delivery.
(G) Obligations are investment securities under Chapter
1308.
of the Revised Code. Obligations may be issued in bearer or
in
registered form, registrable as to principal alone or as to
both
principal and interest, or both, or in certificated or
uncertificated form, as the issuing authority determines.
Provision may be made for the exchange, conversion, or transfer of
obligations and for reasonable charges for registration, exchange,
conversion, and transfer. Pending preparation of final
obligations, the issuing authority may provide for the issuance of
interim instruments to be exchanged for the final obligations.
(H) Obligations may be sold at public sale or at private
sale,
in such manner, and at such price at, above or below par,
all as determined by
and provided by the issuing authority in the
bond proceedings.
(I) Except to the extent that rights are restricted by the
bond
proceedings, any owner of obligations or provider of a credit
enhancement facility may by any suitable form of legal proceedings
protect and enforce any rights relating to obligations or that
facility under the laws of this state or granted by the bond
proceedings. Those rights include the right to compel the
performance of all applicable duties of the issuing authority and
the state. Each duty of the issuing authority and that
authority's officers, staff, and employees, and of each state
entity or agency, or using district or using institution, and its
officers, members, staff, or employees, undertaken pursuant to the
bond proceedings, is hereby established as a duty of the entity or
individual having authority to perform that duty, specifically
enjoined by law and resulting from an office, trust, or station
within the meaning of section 2731.01 of the Revised Code. The
individuals who are from time to time the issuing authority,
members or
officers of the
issuing authority, or those members'
designees acting pursuant to
section 154.02 of the Revised Code,
or the issuing authority's officers,
staff, or employees, are not
liable in their personal capacities on any
obligations or
otherwise under the bond proceedings. (J)(1) Subject to section 2l, 2m, 2n, or 15, and Section 17,
of Article VIII, Ohio Constitution and sections 151.01 to
151.08
of the Revised Code, the issuing authority may, in addition
to the
authority referred to in division (B) of this section,
authorize
and provide for the issuance of: (a) Obligations in the form of bond anticipation notes, and
may
provide for the renewal of those notes from time to time by
the
issuance of new notes. The holders of notes or appertaining
interest coupons have the right to have debt service on those
notes paid solely from the moneys and special funds that are or
may be pledged to that payment, including the proceeds of bonds or
renewal notes or both, as the issuing authority provides in the
bond proceedings authorizing the notes. Notes may be additionally
secured by covenants of the issuing authority to the effect that
the issuing authority and the state will do all things necessary
for the issuance of bonds or renewal notes in such principal
amount and upon such terms as may be necessary to provide moneys
to pay when due the debt service on the notes, and apply their
proceeds to the extent necessary, to make full and timely payment
of debt service on the notes as provided in the applicable bond
proceedings.
In the bond proceedings authorizing the issuance of
bond
anticipation notes the issuing authority shall set forth for
the
bonds anticipated an estimated schedule of annual principal
payments
the latest of which shall be no later than provided in
division
(C) of this section. While the notes are outstanding
there shall
be deposited, as shall be provided in the bond
proceedings for
those notes, from the sources authorized for
payment of debt
service on the bonds, amounts sufficient to pay
the principal of
the bonds anticipated as set forth in that
estimated schedule
during the time the notes are outstanding,
which amounts shall be
used solely to pay the principal of those
notes or of the bonds
anticipated. (b) Obligations for the refunding, including funding and
retirement, and advance refunding with or without payment or
redemption prior to maturity, of any obligations previously
issued.
Refunding obligations may be issued in amounts sufficient
to pay
or to provide for repayment of the principal amount,
including
principal amounts maturing prior to the redemption of
the
remaining prior obligations, any redemption premium, and
interest
accrued or to accrue to the maturity or redemption date
or dates,
payable on the prior obligations, and related financing
costs and
any expenses incurred or to be incurred in connection
with that
issuance and refunding. Subject to the applicable bond
proceedings, the portion of the proceeds of the sale of refunding
obligations issued under division (J)(1)(b) of this
section to be
applied to
debt service on the prior obligations shall be credited
to an
appropriate separate account in the bond service fund and
held in
trust for the purpose by the issuing authority or by a
corporate
trustee. Obligations authorized under this division
shall be
considered to be issued for those purposes for which the
prior
obligations were issued. (2) Except as otherwise provided in sections 151.01 to
151.08 of the Revised
Code, bonds or notes authorized pursuant to
division (J) of this section are subject to the provisions of
those
sections pertaining to obligations generally. (3) The principal amount of refunding or renewal obligations
issued pursuant to division (J) of this section shall be in
addition
to the amount authorized by the general assembly as
referred to in division
(B) of the following sections: section
151.03, 151.04, 151.05,
151.06, 151.07, or 151.08 of the Revised
Code. (K) Obligations are lawful investments for banks, savings
and
loan associations, credit union share guaranty corporations,
trust
companies, trustees, fiduciaries, insurance companies,
including
domestic for life and domestic not for life, trustees or
other
officers having charge of sinking and bond retirement or
other
special funds of the state and political subdivisions and
taxing
districts of this state, the sinking fund, the
administrator of
workers' compensation subject to the approval of
the workers'
compensation board, the state teachers retirement
system, the
public employees retirement system, the school
employees
retirement system, and the Ohio police and fire
pension
fund, notwithstanding any other provisions of the Revised Code or
rules adopted pursuant to those provisions by any state
agency
with respect to investments by them, and are also
acceptable as
security for the repayment of the deposit of public
moneys. The
exemptions from taxation in Ohio as provided for in
particular
sections of the Ohio Constitution and section
5709.76 of the
Revised Code apply to the obligations. (L)(1) Unless otherwise provided or provided for in any
applicable
bond proceedings, moneys to the credit of or in a
special fund
shall be disbursed on the order of the issuing
authority. No such
order is required for the payment, from the
bond service fund or
other special fund, when due of debt service
or required payments
under credit enhancement facilities.
(2) Payments received by the state under interest rate
hedges
entered into as credit enhancement facilities under this
chapter shall
be deposited to the credit of the bond service fund
for the obligations
to which those credit enhancement facilities
relate. (M) The full faith and credit, revenue, and taxing power of
the
state are and shall be pledged to the timely payment of debt
service on outstanding obligations as it comes due, all in
accordance with Section 2l, 2m, 2n, or 15 of Article VIII,
Ohio
Constitution, and section 151.03, 151.04, 151.05, 151.06,
151.07,
or 151.08 of the Revised Code. Moneys referred to in Section
5a
of Article XII, Ohio Constitution, may not be pledged or used
for
the payment of debt service except on obligations referred to
in
section 151.06 of the Revised Code. The state covenants, and
that
covenant shall be controlling notwithstanding any other
provision
of law, that the state and the applicable officers and
agencies of
the state, including the general assembly, shall, so
long as any
obligations are outstanding in accordance with their
terms,
maintain statutory authority for and cause to be levied,
collected
and applied sufficient pledged excises, taxes, and
revenues of the
state so that the revenues shall be sufficient in
amounts to pay
debt service when due, to establish and maintain
any reserves and
other requirements, and to pay financing costs,
including costs of
or relating to credit enhancement facilities,
all as provided for
in the bond proceedings. Those excises,
taxes, and revenues are
and shall be deemed to be levied and
collected, in addition to the
purposes otherwise provided for by
law, to provide for the payment
of debt service and financing
costs in accordance with sections
151.01 to 151.08 of the Revised Code and the
bond proceedings. (N) The general assembly may from time to time repeal or
reduce
any excise, tax, or other source of revenue pledged to the
payment
of the debt service pursuant to Section 2l, 2m, 2n, or 15
of
Article VIII, Ohio Constitution, and sections 151.01 to
151.08
of the Revised Code, and may levy, collect and apply any
new or
increased excise, tax, or revenue to meet the pledge, to
the
payment of debt service on outstanding obligations, of the
state's
full faith and credit, revenue and taxing power, except
fees,
excises or taxes referred to in Section 5a of
Article XII, Ohio
Constitution, for other than obligations referred to in
section
151.05
151.06 of the Revised Code and except net state lottery
proceeds for other than obligations referred to in section 151.03
of the Revised Code. Nothing in division (N) of this section
authorizes any
impairment of the obligation of this state to levy
and collect
sufficient excises, taxes, and revenues to pay debt
service on
obligations outstanding in accordance with their terms.
(O) Each bond service fund is a trust fund and is hereby
pledged to the payment of debt service on the applicable
obligations. Payment of that debt service shall be made or
provided for by the issuing authority in accordance with the bond
proceedings without necessity for any act of appropriation. The
bond proceedings may provide for the establishment of separate
accounts in the bond service fund and for the application of those
accounts only to debt service on specific obligations, and for
other accounts in the bond service fund within the general
purposes of that fund.
(P) Subject to the bond proceedings pertaining to any
obligations
then outstanding in accordance with their terms, the
issuing
authority may in the bond proceedings pledge all, or such
portion
as the issuing authority determines, of the moneys in the
bond
service fund to the payment of debt service on particular
obligations, and for the establishment and maintenance of any
reserves for payment of particular debt service. (Q) The issuing authority shall by the fifteenth day of the
July of each fiscal year, certify or cause to be certified to the
office of budget and
management the total amount of moneys
required during the current
fiscal year to meet in full all debt
service on the respective
obligations and any related financing
costs payable from the
applicable bond service fund and not from
the proceeds of
refunding or renewal obligations. The issuing
authority
shall make or cause to be made supplemental
certifications to the
office of budget and management for each
debt service payment date
and at such other times during each
fiscal year as may be provided
in the bond proceedings or
requested by that office. Debt
service, costs of credit
enhancement facilities, and other
financing costs shall be set
forth separately in each
certification. If and so long as the
moneys to
the credit of the bond service fund, together with any
other
moneys available for the purpose, are insufficient to meet
in full
all payments when due of the amount required as stated in
the
certificate or otherwise, the office of budget and management
shall at the times as provided in the bond proceedings, and
consistent with any particular provisions in sections 151.03 to
151.08 of the Revised Code, transfer a sufficient amount to the
bond service fund from the revenues derived from excises, taxes,
and other revenues, including net state lottery proceeds in the
case of obligations referred to in section 151.03 of the Revised
Code. (R) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of special funds may be invested
by or on behalf of the state only in one or more of the following:
(1) Notes, bond, or other direct obligations of the United
States or of any agency or instrumentality of the United
States,
or in
no-front-end-load money market mutual funds consisting
exclusively
of those obligations, or in repurchase agreements,
including those
issued by any fiduciary, secured by those
obligations, or
in collective investment funds consisting
exclusively of those
obligations; (2) Obligations of this state or any political subdivision
of
this state; (3) Certificates of deposit of any national bank located in
this
state and any bank, as defined in section 1101.01 of the
Revised Code, subject
to inspection by the superintendent of
financial institutions; (4) The treasurer of state's pooled investment program under
section 135.45 of the Revised Code. The income from investments referred to in division (R)
of
this section shall, unless otherwise provided in sections 151.01
to 151.08
of the Revised Code, be
credited to special funds or
otherwise as the
issuing authority determines in the bond
proceedings. Those
investments may be sold or exchanged at times
as the issuing
authority determines, provides for, or authorizes. (S) The treasurer of state shall have responsibility for
keeping
records, making reports, and making payments, relating to
any
arbitrage rebate requirements under the applicable bond
proceedings.
Sec. 163.10. The assessment of compensation may be made at
a
regular or special term of court. The jury shall be selected
from
the jurors drawn as prescribed in sections 2313.19 to
2313.26 of
the Revised Code, and qualified as in civil actions.
However, it
shall be grounds for challenge for cause if a juror
has served in
two appropriation trials in the current term of
court.
Depositions
may be taken as in other civil cases, subject
to the
requirements
of section 5501.21 of the Revised Code.
Depositions
of the
officers, agents, or employees of the agency
or owner shall
be
taken as on cross-examination. No evidence may
be adduced or
elicited in depositions as to value or appraisals
on
cross-examination, unless raised by direct examination.
Sec. 163.22. All proceedings brought under sections 163.01
to 163.22,
inclusive, of the Revised Code, shall be governed by
the law applicable in
civil actions
in the court of common pleas
and the Rules of Civil Procedure, including, but not limited to,
the rules governing discovery, except as otherwise provided in
such
those sections.
Such
The proceedings shall be advanced as a
matter of immediate
public interest and concern and shall be heard
by the court at the earliest
practicable moment.
Sec. 1531.35. The wildlife boater angler fund is hereby
created in the state treasury. The fund shall consist of money
credited to the fund pursuant to section 5735.051 of the Revised
Code and other money contributed to the division of wildlife for
the purposes of the fund. The fund may be used for boating,
capital improvements, grant programs for boating and
fishing
access, maintenance, and development.
Sec. 4501.35. There is hereby created in the state treasury
the film production reimbursement fund. The fund shall be used by
the department of public safety for the purpose of depositing
moneys received from other agencies for services and supplies
provided for the production of public service announcements, media
materials, and training materials. Moneys in the fund shall be
expended only for supplies and maintenance of equipment necessary
to perform such services.
Sec. 4501.39.
There is hereby created in the state treasury
the
leader in flight license plate fund. The fund shall consist
of the
contributions that are paid to the registrar of motor
vehicles by
applicants who obtain
"the leader in flight" license
plates
pursuant to section 4503.73 of the Revised Code. The contributions deposited in the fund shall be paid to
Wright
B. Flyer,
incorporated, which shall deposit the fees into
its general account to be
used for purposes of Wright B. Flyer,
incorporated. All investment earnings of the fund shall be retained by the
fund.
Sec. 4503.191. (A) The identification license plate shall
be issued
for a
multi-year period as determined by the director of
public safety, and shall be
accompanied by a validation sticker,
to be attached to the license plate. The
validation sticker shall
indicate the expiration of the registration period to
which the
motor vehicle for which the license plate is issued is assigned,
in
accordance with rules adopted by the registrar
of motor
vehicles. During each succeeding year
of
the multi-year period
following the issuance of the plate and validation
sticker, upon
the filing of an application for registration and the payment of
the tax therefor, a validation sticker alone shall be issued. The
validation
stickers required under this section shall be of
different colors or shades
each year, the new colors or shades to
be selected by the director. (B) Identification license plates, validation
stickers, and
county identification stickers shall be
produced by Ohio penal
industries.
However, the registrar and
Validation stickers and
county identification stickers shall be produced by
Ohio penal
industries
may enter
into an agreement under which
unless the
bureau of motor vehicles at
certain times may
registrar adopts
rules that permit the registrar or deputy registrars to print or
otherwise produce
certain types of validation and county
identification stickers. The agreement shall specify those
times
and types of stickers
them in house.
Sec. 4503.73. (A) The owner or lessee of any passenger
car,
noncommercial motor vehicle, motor home, or other vehicle of
a
class
approved by the registrar of motor vehicles may
apply to
the
registrar for the registration of the vehicle and
issuance of
"the
leader in flight" license plates. The
application for
"the
leader
in flight" license plates may be
combined with a request
for a
special reserved license plate under
section 4503.40 or
4503.42 of
the Revised Code. Upon
receipt of the completed
application and
compliance with division (B)
of this section, the
registrar shall
issue to the applicant the appropriate
vehicle
registration and a
set
of
"the leader in flight" license plates
with a validation
sticker or a
validation sticker alone
when
required by section
4503.191 of the Revised Code. In addition to the letters and numbers ordinarily inscribed
thereon,
"the leader in flight" license plates shall be inscribed
with the words
"the leader in flight" and illustrations of a space
shuttle in a vertical position and the Wright
"B" airplane.
"The
leader in flight" license plates shall bear county identification
stickers that identify the county of registration by name or
number. (B)
"The leader in flight" license plates and validation
sticker
shall be issued upon
receipt of a contribution as provided
in division
(C) of this section and
payment of the regular license
tax as prescribed
under section 4503.04 of the Revised Code, a fee
of ten
dollars for the purpose of compensating the bureau of motor
vehicles for
additional services required in the issuing of
"the
leader in flight" license plates, any applicable motor vehicle tax
levied
under Chapter 4504. of the Revised Code, and
compliance
with all other applicable laws relating to the registration of
motor vehicles.
If the application for
"the leader in flight"
license plates is combined with
a request for a special reserved
license plate under section
4503.40 or 4503.42 of the Revised
Code, the license plate
and validation sticker shall be issued
upon payment of the fees and taxes
referred to or established in
this division and the additional
fee prescribed under section
4503.40 or 4503.42 of the Revised
Code. (C)
For each application for registration and registration
renewal received under this section, the registrar shall collect a
contribution of fifteen dollars. The registrar shall transmit
this
contribution to the treasurer of state for deposit in the
leader in flight
license plate fund created in section 4501.39 of
the Revised Code. The registrar shall deposit the additional fee of ten dollars
specified in division (B) of this section that the applicant for
registration voluntarily pays for the purpose of compensating the
bureau for
the additional
services required in the issuing of the
applicant's
"the leader in
flight" license plates in the state
bureau of motor vehicles fund
created in section 4501.25 of the
Revised Code.
Sec. 4505.10. (A) In the event of the transfer of
ownership
of
a motor vehicle by operation of law, as upon
inheritance,
devise
or bequest, order in bankruptcy, insolvency,
replevin, or
execution sale, a motor vehicle is sold
to satisfy
storage or
repair charges, or repossession is had upon
default in
performance
of the terms of a security agreement as
provided in
Chapter 1309.
of the Revised Code
and the secured party has
complied with the
repossession requirements of section 1309.46 of
the Revised Code
and all of the requirements of section 1309.47 of
the Revised
Code, including the notice requirements, the clerk of
the
court of
common pleas of the county in which the last
certificate
of title
to the motor vehicle was issued, upon the
surrender of
the prior
certificate of title or the manufacturer's
or
importer's
certificate, or, when that is not possible, upon
presentation of
satisfactory proof to the clerk of ownership and
rights of
possession to the motor vehicle, and upon payment of
the
fee
prescribed in section 4505.09 of the Revised Code and
presentation
of an application for certificate of title, may
issue
to the
applicant a certificate of title to the motor
vehicle.
Only
an
affidavit by the person or agent of the person
to whom
possession
of the motor vehicle has passed, setting forth
the
facts entitling
the person to the possession and
ownership,
together
with a copy
of the journal entry, court order, or
instrument upon
which the
claim of possession and ownership is
founded, is
satisfactory
proof of ownership and right of
possession. If the
applicant
cannot produce that proof of
ownership, the
applicant may apply
directly to the registrar of
motor vehicles and submit the
evidence the applicant has, and the
registrar, if
the registrar
finds the evidence
sufficient, then
may authorize the clerk to
issue a certificate
of title. If, from
the records in the office
of the clerk, there
appears to be any
lien on the motor vehicle,
the certificate of
title shall contain
a statement of the lien
unless the
application is accompanied by
proper evidence of its
extinction. (B) The clerk shall transfer a decedent's interest in one
or
two automobiles to the surviving spouse of the decedent,
as
provided in section 2106.18 of the Revised Code, upon receipt of
the title
or titles.
An affidavit executed by the
surviving
spouse shall be submitted to the clerk with
the title or titles.
The affidavit shall give the date of death of the
decedent, shall
state that
each
automobile for which the decedent's interest is to
be so transferred is not
disposed of by testamentary disposition,
and
shall provide an
approximate value for each automobile
selected to be transferred by the
surviving spouse. The affidavit
shall also contain a description for each
automobile for which the
decedent's interest is to be so
transferred. The transfer does
not affect any liens upon any
automobile for which the decedent's
interest is so transferred. (C) Upon the death of one of the persons who have
established joint ownership
with right of survivorship under
section 2106.17 of the Revised Code in a
motor vehicle, and upon
presentation to the clerk of the title and the
certificate of
death of the decedent, the clerk shall transfer title to the
motor
vehicle to the survivor. The transfer does not affect any liens
upon
any
motor vehicle so transferred.
Sec. 4506.10. (A) No person who holds a valid commercial
driver's license shall drive a commercial motor vehicle unless
he
the person
is physically qualified to do so. Each person who
drives or
expects to drive a commercial motor vehicle in
interstate or
foreign commerce or is otherwise subject to 49
C.F.R. 391, et
seq., as amended, shall certify to the registrar of
motor
vehicles at the time of application for a commercial
driver's
license that
he
the person is in compliance with these
standards. Any
person who is not subject to 49 C.F.R. 391, et
seq., as amended,
also shall certify at the time of application
that
he
the person
is not
subject to these standards. (B) A person is qualified to drive a class B commercial
motor vehicle with a school bus endorsement, if
he
the person
has
been
certified as medically qualified in accordance with rules
adopted
by the department of education. (C)
Any
(1) Except as provided in division (C)(2) of this
section, any medical examination required by this section shall
be
performed only by
a
one of the following: (a) A person licensed under Chapter 4731. of the
Revised
Code to practice medicine or surgery or osteopathic
medicine and
surgery in this state, or licensed under any similar
law of
another state, except that any; (b) A person licensed as a physician assistant under Chapter
4730. of the Revised Code who practices under the supervision and
direction of a physician as required under that chapter and who is
authorized by the supervising physician to perform such a medical
examination;
(c) A person who is a certified nurse practitioner or a
clinical nurse specialist licensed under Chapter 4723. of the
Revised Code who is practicing in accordance with a standard care
arrangement pursuant to section 4723.431 of the Revised Code.
(2) Any
part of
such an examination
required by this
section
that pertains to visual acuity, field of vision, and the
ability
to recognize colors may be performed by a person licensed
under
Chapter 4725. of the Revised Code to practice optometry in
this
state, or licensed under any similar law of another state. (D) Whenever good cause appears, the registrar, upon
issuing
a commercial driver's license under this chapter, may
impose
restrictions suitable to the licensee's driving ability
with
respect to the type of motor vehicle or special mechanical
control
devices required on a motor vehicle
which
that the licensee
may
operate, or such other restrictions applicable to the
licensee as
the registrar determines to be necessary. The registrar may either issue a special restricted license
or may set forth
such
the restrictions upon the usual license
form. The registrar, upon receiving satisfactory evidence of any
violation of the restrictions of
such
the license, may suspend or
revoke
the same
it. The registrar, upon receiving satisfactory evidence that an
applicant or holder of a commercial driver's license has violated
division (A)(4) of section 4506.04 of the Revised Code and
knowingly given false information in any application or
certification required by section 4506.07 of the Revised Code,
shall cancel the commercial driver's license of the person or any
pending application from the person for a commercial driver's
license or class D driver's license for a period of at least
sixty
days, during which time no application for a commercial
driver's
license or class D driver's license shall be received
from the
person.
Sec. 4509.27. There is hereby created in the state treasury
the security deposit fund. All security deposits that the
registrar of motor vehicles requires to be paid under section
4509.12 of the Revised Code and that the registrar receives shall
be deposited into the fund. Moneys in the fund shall be applied
only to the payment of a judgment for damages arising out of an
accident as provided in section 4509.28 of the Revised Code and to
the return of security deposits as provided in sections 4509.25
and 4509.29 of the Revised Code. All investment earnings on the
cash balance in the fund shall be credited to the fund.
Sec. 4511.76. (A) The department of public
safety, by and
with
the advice of the superintendent of
public instruction, shall
adopt and enforce rules relating to the
construction,
design, and
equipment, including lighting equipment required by
section
4511.771 of the Revised Code, of all school
buses both publicly
and privately
owned and operated in
this state.
(B) The department of education, by and with the
advice of
the director of public safety, shall adopt and
enforce rules
relating to the
operation of
all
school
buses both publicly and
privately owned and operated in this
state
vehicles used for pupil
transportation. (C) No person shall operate a
school bus
vehicle used for
pupil transportation within this
state
in violation of the rules
of the department of
education or the department of public safety.
No person, being the owner
thereof or having the
supervisory
responsibility therefor, shall permit the operation
of a
school
bus
vehicle used for pupil transportation within this state in
violation of the
rules of the department of education or the
department of public safety. (D) The department of public safety shall adopt and
enforce
rules relating to the
issuance of a license under section 4511.763
of the Revised Code. The
rules may relate to the moral character
of the
applicant; the condition of
the equipment to be operated;
the liability and property damage
insurance carried by the
applicant; the posting of satisfactory
and sufficient bond; and
such other rules as the
director of public safety determines
reasonably necessary
for the
safety of the pupils to be
transported. (E) As used in this section, "vehicle used for pupil
transportation" means any vehicle that is identified as such by
the department of education by rule and that is subject to Chapter
3301-83 of the Administrative Code.
Sec. 4513.34.
(A) The director of transportation with
respect
to all highways
which
that are a part of the state highway
system and
local authorities with respect to highways under their
jurisdiction
may, upon application in writing and for good cause
shown,
may issue a special permit in writing authorizing the
applicant to operate or move a vehicle or combination of vehicles
of a size or weight of vehicle or load exceeding the maximum
specified in sections 5577.01 to 5577.09 of the Revised Code, or
otherwise not in conformity with sections 4513.01 to 4513.37 of
the Revised Code, upon any highway under the jurisdiction of the
authority granting
such
the permit.
Notwithstanding For purposes of this section, the director may designate
certain
state highways or portions of state highways as special
economic development
highways. If an application submitted to the
director under this section
involves travel of a nonconforming
vehicle or combination of
vehicles upon a special economic
development highway, the
director, in determining whether good
cause has been shown
that issuance of a permit is justified, shall
consider the effect
the travel of the vehicle or combination of
vehicles will have on
the economic development in the area in
which the designated
highway or portion of highway is located. (B) Notwithstanding sections 715.22
and 723.01 of the
Revised Code, the holder of a special permit
issued by the
director under this section may move the vehicle or
combination of
vehicles described in
such
the special permit on
any
highway
which
that is a part of the state highway system,
when the
movement is
partly within and partly without the corporate limits
of a
municipal corporation. No local authority shall require any
other
permit or license or charge any license fee or other charge
against the holder of a permit for the movement of a vehicle or
combination of vehicles on any highway that is a part of the
state
highway system.
No
The director shall not require the
holder of a
permit issued by a local
authority
shall be required by the
director to obtain a special
permit for the movement of vehicles
or combination of vehicles on
highways within the jurisdiction of
the local authority. Permits
may be issued for any period of
time, not to exceed one year, as
the director in
his
the
director's discretion or a local
authority in its discretion
deems
determines advisable,
or for the duration of any public
construction project. (C) The application for a permit shall be in
such
the
form
as
that the
director or local authority prescribes. The director
or local
authority may prescribe a permit fee to be imposed and
collected
when any permit described in this section is issued.
The
permit
fee may be in an amount sufficient to reimburse the
director or
local authority for the administrative costs incurred
in issuing
the permit, and also to cover the cost of the normal
and expected
damage caused to the roadway or a street or highway
structure as
the result of the operation of the nonconforming
vehicle or
combination of vehicles. The director, in accordance
with
Chapter 119. of the Revised Code, shall establish a schedule
of
fees for permits issued by the director under this section. For the purposes of this section and of rules adopted by
the
director under this section, milk transported in bulk by
vehicle
is deemed a nondivisible load. (D) The director or local authority may issue or withhold a
permit. If a permit is to be issued, the director or local
authority may limit or prescribe conditions of operation for the
vehicle, and may require the posting of a bond or other security
conditioned upon the sufficiency of the permit fee to compensate
for damage caused to the roadway or a street or highway
structure.
In addition, a local
authority, as a condition of issuance of an
overweight permit, may
require the applicant to develop and enter
into a mutual
agreement with the local authority to compensate
for
or to repair
excess damage caused to the roadway by travel
under
the permit. For a permit that will allow travel of
a nonconforming
vehicle or combination of vehicles on a special economic
development highway, the director, as a condition of issuance, may
require the applicant to agree to make periodic payments to the
department to compensate for damage caused to the roadway by
travel under the permit. (E) Every permit shall be carried in the vehicle or
combination
of vehicles to which it refers and shall be open to
inspection by
any police officer or authorized agent of any
authority granting
the permit. No person shall violate any of the
terms of a
permit.
Sec. 4561.05. The department of transportation shall
administer
and enforce sections 4561.01 to 4561.151
Chapter 4561.
of
the Revised Code. The department may adopt and promulgate such
rules
and
regulations as it
deems
determines necessary to carry
out
such sections
this chapter.
All rules and regulations adopted
by the Ohio aviation board as
of September 17, 1957, shall be
valid rules and regulations of
the department of transportation
until such time as said rules
and regulations may be rescinded or
revoked. The department may issue and amend orders, and make,
promulgate, and amend, reasonable general and special rules,
regulations, and procedure, and establish minimum standards. The department may establish safety
regulations
rules
governing
air navigation hazards,
and the location, size, use, and
equipment of
airports and landing areas, and
regulations
rules
governing air
marking, the use of signs or lights designed to be
visible from
the air, and other air navigation facilities. All rules, regulations, and amendments thereto, prescribed
by
the department, shall conform to and coincide with, so far as
possible, the "Civil Aeronautics Act of 1938," 52 Stat. 973, 49
U.S.C. 401,
and acts amendatory thereto
as amended, passed by the
congress
of the United States, and the air commerce regulations
issued
pursuant thereto. All acts of the department authorized under this section
shall be carried on in conformity with
sections 119.01 to 119.13
Chapter 119.
of the Revised Code.
Sec. 4561.06. The department of transportation shall
encourage the development of aviation and the promotion of
aviation education within this state as, in its judgment, may
best
serve the public interest. The department may furnish engineering or other technical
counsel and services, with or without charge therefor, to any
appropriate agency of any county or municipal corporation of the
state desiring such counsel or services in connection with
any
question or problem
concerning the need for, or the location,
construction,
maintenance, or operation of airports, landing
fields, or other
air navigation facilities in the county or
municipal
corporation. The department shall be the official representative of this
state in all
civil actions, matters, or proceedings pertaining to
aviation in which this state is a party or has an interest.
It
may
participate as party plaintiff or defendant; or it may act as
an
intervener, on behalf of the state, in any such action, matter,
or
proceeding having to do with any claimed encroachment by the
United States or any foreign state upon this state's rights
pertaining to aviation, if the public interest requires such
intervention. The department may investigate, and may cooperate with any
other appropriate governmental agency in the investigation of, any
accident occurring in this state in connection with aviation. It
may issue an order to preserve, protect, or prevent the removal
of
any aircraft or air navigation facility involved in an
accident
being so investigated until the investigation is
completed, and
the. The chief executive officer or any
police or peace
law
enforcement
officer of
this state or any political subdivision in
which an accident
occurred shall assist the department in
enforcing such an order when
called upon
by the department to do
so. The department, in connection with any investigation it
is
authorized to conduct, or in connection with any matter it is
required to consider and determine, may conduct hearings thereon.
All such hearings shall be open to the public. The
administrator
of the
office of aviation or those employees of that
office or its
agents who are designated to conduct such
hearings may administer
oaths and affirmations and
issue subpoenas for and compel the
attendance and testimony of witnesses and
the production of
papers, books, and documents at the hearings. In
case of failure
to comply with such a subpoena or refusal to
testify, the
administrator or the employees of the office
of aviation or its
agents who are designated to conduct
the hearings may invoke the
aid of the court of common pleas of the
county in which the
hearing is being conducted, and
the court may order the witness to
comply with the requirements of the
subpoena or to give testimony
concerning the matter in question. Failure to
obey any order of
the court may be punished as a
contempt of the court. Reports of any investigations or hearings, or parts
thereof,
conducted by the department shall not be admitted in
evidence or
used for any purpose in any action or proceeding
arising out of
any matter referred to in the investigation,
hearings, or report
thereof, except in actions or proceedings
instituted by the state
or by the department on behalf of the
state, nor shall any member
of the department or any of its
employees be required to testify
to any facts ascertained in, or
information obtained by reason of,
the member's or
employee's official capacity, or to
testify as an
expert witness in any action or proceeding
involving or pertaining
to aviation to which the state is not a
party. Subject to this
section, the department may make available
to appropriate agencies
of government any information and
material developed in the course
of its investigations and
hearings. The department shall report to the appropriate agency of
the
United States all cases that come to its attention of
persons
navigating aircraft without a valid aviator's
certificate, or in
which an aircraft is navigated without a valid
air-worthiness
certificate in probable violation of the laws of
the United States
requiring such certificates, and it also shall
report to the
proper governmental agency any probable
infringement or violation
of laws, rules, and regulations
pertaining to aviation that come
to its attention. The department may prepare, adopt, and subsequently revise
a
plan showing the locations and types of airports, landing
fields,
and other air navigation facilities within this state; it
also may
prepare another plan of a system of airways within
this
state, the
establishment, maintenance, and use of which will, in
its
judgment, serve the development of transportation by aircraft
within this state in the best interests of the public. It may
publish plans and pertinent information
as the
public interest
requires. The department periodically may prepare, publish, and
distribute such maps, charts, or other information as the public
interest requires, showing the location of and containing a
description of all airports, landing fields, and other air
navigation facilities then in operation in this state, together
with information concerning the manner in which, and the terms
upon which, those facilities may be used, and showing
all airways
then in
use, or recommended for use, within this state, together
with
information concerning the manner in which the facilities
should be used.
Sec. 4561.13. Every state, county, and municipal
law
enforcement officer charged with the
enforcement of state or
municipal laws
shall aid the department of
transportation in the
enforcement of
may investigate aircraft accidents and enforce
sections
4561.01 to
4561.151
4561.14, 4561.15, and 4561.24 of the
Revised Code. The state highway patrol may use any of its personnel and
equipment
to enforce
section 4561.15 of the Revised Code and to
investigate all aircraft accidents
within this state.
Sec. 5501.17. The director of transportation may employ
such
assistants as are necessary to prepare plans and surveys.
Compensation paid for the preparation of plans, surveys, and
specifications shall be regarded as a part of the cost and
expense
of the improvement for which they were made and shall be
paid from
funds set aside for
such
the improvement. The director may appoint additional clerks and
stenographers,
and such other engineers, inspectors, technicians,
and other
employees as are necessary to carry out Chapters 5501.,
5503.,
5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523.,
5525.,
5527., 5528., 5529., 5531., 5533., and 5535. of the
Revised Code.
All such technicians employed under the authority
of this section
shall be eligible to receive pay during periods
of on the job
training or while attending special training
schools conducted by
the department of transportation. Such
employees and appointees,
in addition to their salaries, shall
receive their actual
necessary traveling expenses when on
official business. The director may employ consulting engineers and may enter
into contracts for consulting engineering services with any
qualified person, firm, partnership, corporation, or association.
If the total contract price for a construction project is twenty
million dollars or more, based upon preliminary estimates of the
department, the director may present the preliminary estimates
regarding the construction project to the controlling board for
the purpose of requesting authority to enter into contracts for
consulting engineering services for that particular project
without the consent of the controlling board. The controlling
board, in its discretion, may approve, conditionally approve, or
disapprove such a request. In the awarding of such contracts,
compliance with section 5525.01 of the Revised Code is not
required. The director shall cause to be kept itemized records
if
the amounts of money spent under each contract. At least once
a
year, the director or his designee shall appear
before the
controlling board and present those records for its review.
The use of consulting engineers shall be restricted to:
(A) Locating, surveying, and the preparation of detailed
plans and estimates of individual construction projects on
primary
routes, the cost of which exceeds one million dollars
based upon
preliminary estimates by the department;
(B) Preliminary engineering investigation and report with
respect to location, grade, and estimated cost of limited access
highways, freeways, or bridges;
(C) Laying out, inspecting, and generally supervising the
construction of construction projects;
(D) The surveying and designing and the preparation of
detailed plans and specifications, and to the laying out,
inspecting, and generally supervising the construction for the
replacement of narrow, weak, and inadequate bridges on the state
highway system;
(E) The preparation of all or any part of comprehensive
transportation and land use studies and major thoroughfare
reports
for urban areas and surrounding areas affected by such
urban
areas;
(F) The surveying and designing and the preparation of
detailed plans and specifications, and to the laying out,
inspecting, and generally supervising the construction on the
state highway system of highway lighting and traffic control
projects.
Compensation paid for the services covered in divisions
(A),
(B), (C), (D), and (F) of this section shall be regarded as
a part
of the cost and expense of the improvements for which they
were
rendered and shall be paid from funds set aside for those
improvements. Compensation for the services set forth in
division
(E) of this section shall be paid from any funds
available to the
department.
The director may contract with regional, county, or
municipal
planning commissions or county engineers having
adequate staffs,
and with planning agencies of adjacent states,
for the preparation
of comprehensive transportation and land use
studies and major
thoroughfare reports, or parts thereof, and pay
the commissions,
county engineers, or planning agencies of
adjacent states for such
work from funds available to the
department.
Sec. 5501.31. The director of transportation shall have
general supervision of all roads comprising the state highway
system. The director may alter, widen, straighten, realign,
relocate,
establish, construct, reconstruct, improve, maintain,
repair, and
preserve any road or highway on the state highway
system, and, in
connection therewith, relocate, alter, widen,
deepen, clean out,
or straighten the channel of any watercourse as
the director
considers
necessary, and purchase or appropriate
property for the disposal
of surplus materials or borrow pits,
and, where an established
road has been relocated, establish,
construct, and maintain such
connecting roads between the old and
new location as will provide
reasonable access thereto. The director may purchase or appropriate property necessary
for the location or construction of any culvert, bridge, or
viaduct, or the approaches thereto, including any property needed
to extend, widen, or alter any feeder or outlet road, street, or
way adjacent to or under the bridge or viaduct when the
extension,
widening, or alteration of the feeder road, street, or
way is
necessary for the full utilization of the bridge or
viaduct, or
for any other highway improvement. The director
also
may purchase
or appropriate, for such length of time as is
necessary and
desirable, any additional property required for the
construction
and maintenance of slopes, detour roads, sewers,
roadside parks,
rest areas, recreational park areas, park
and ride
facilities, and
park and carpool or vanpool facilities,
scenic view
areas,
drainage systems, or land to replace
wetlands,
incident to
any
highway
improvement, that the director
is or may
be
authorized to
locate
or construct.
Title
Also
incident to any
authorized highway
improvement, the director may
purchase property
from a willing
seller as required for the construction and maintenance of
bikeways and bicycle paths or to replace, preserve, or
conserve
any
environmental resource if the replacement,
preservation, or
conservation is
required by state or federal law. Title to property purchased or appropriated
by the director
shall be taken in the name of the state either in
fee simple or in
any lesser estate or interest that the director
considers
necessary or proper, in accordance with forms to be
prescribed by
the attorney general. The deed shall contain a
description of the
property and be recorded in the county where
the property is
situated and, when recorded, shall be kept on
file in the
department of transportation.
The property may be described by
metes and bounds or by the department of transportation parcel
number as shown on a right of way plan recorded in the county
where the property is located. Provided that when property, other than property used by a
railroad for operating purposes, is acquired in connection with
improvements involving projects affecting railroads wherein the
department is obligated to acquire property
under grade separation
statutes, or on other improvements wherein
the department is
obligated to acquire lands under agreements
with railroads, or
with a public utility, political subdivision,
public corporation,
or
private corporation owning transportation facilities for
the
readjustment, relocation, or improvement of
their facilities, a
fee simple
title or an easement may be acquired by purchase or
appropriation
in the name of the railroad, public utility,
political
subdivision, public corporation, or private corporation
in
the discretion of the director. When
the title to lands, which
are required to adjust, relocate, or
improve such facilities
pursuant to agreements with the director, is taken in the name of
the state, then, in the discretion of the
director, the title to
such lands may be conveyed to
the railroad,
public utility,
political subdivision, or
public corporation for which they were
acquired. The
conveyance shall be prepared by the attorney
general and executed by the
governor and bear the great seal of
the state of Ohio. The director, in the maintenance or repair of state
highways,
is not limited to the use of the materials with which
the
highways, including the bridges and culverts thereon, were
originally constructed, but may use any material that is
proper
or
suitable. The director may aid any board of county
commissioners
in establishing, creating, and repairing suitable
systems of
drainage for all highways within the jurisdiction or
control of
the board and advise with it as to the establishment,
construction, improvement, maintenance, and repair of the
highways. Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517.,
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533.,
and
5535. of the Revised Code do not prohibit the federal
government,
or any individual or corporation, from contributing a
portion of
the cost of the establishment, construction,
reconstruction,
relocating, widening, resurfacing, maintenance,
and repair of the
highways. Except in the case of maintaining, repairing, erecting
traffic signs on, or pavement marking of state highways within
villages, which is mandatory as required by section 5521.01 of
the
Revised Code, and except as provided in section 5501.49 of
the
Revised Code, no duty of constructing, reconstructing,
widening,
resurfacing, maintaining, or repairing state highways
within
municipal corporations, or the bridges and culverts
thereon, shall
attach to or rest upon the director, but the
director may
construct, reconstruct, widen, resurface, maintain, and repair
the
same with or without the cooperation of any municipal
corporation,
or with or without the cooperation of boards of
county
commissioners upon each municipal corporation consenting
thereto.
Sec. 5502.12. The accident reports submitted pursuant to
section 5502.11 of the Revised Code shall be for the use of the
director of public safety for purposes of statistical, safety,
and
other studies. The
director of public safety
law enforcement
agency that submitted a report shall
search
and furnish a copy of
such report
and associated documents to any person claiming an
interest arising out of a motor vehicle accident, or to the
person's attorney, upon the payment of a nonrefundable fee
of
three
that shall not exceed four dollars. With respect to
accidents investigated by the state
highway patrol, the director
of public safety shall furnish to such
person all related reports
and statements upon the payment of a
nonrefundable fee of four
dollars. The cost of
photographs
shall be in addition to the
nonrefundable
four-dollar fee. Such state highway patrol reports, statements, and
photographs, in the discretion of the director of public
safety,
may be withheld until all criminal prosecution has been
concluded;
the director of public safety may require proof,
satisfactory to
the director, of the right of any applicant
to be
furnished such
documents.
Sec. 5503.12. (A) The superintendent of the state highway
patrol, with the approval of the director of public safety, may
authorize the registrar of motor vehicles and designated deputy
registrars to collect inspection and testing fees on behalf of the
state highway patrol.
The superintendent and the registrar jointly
shall determine and designate the deputy registrars who shall
collect inspection and testing fees under this section.
(B)(1) In addition to collecting the inspection and testing
fees, the registrar and each designated deputy registrar may
collect and retain a service fee in the amount specified in
division (D) of section 4503.10 of the Revised Code for each
inspection and testing fee collected on behalf of the state
highway patrol.
(2) Each designated deputy registrar, upon receipt of any
inspection and testing fee, shall transmit the fees to the
registrar in the manner prescribed by the registrar.
(3) The registrar shall deposit the inspection and testing
fees collected by and transmitted to the registrar to the credit
of the fund specified by law.
(C) The superintendent, with the approval of the director,
shall establish appropriate procedures to be used by the registrar
and designated deputy registrars for determining proof of payment
of inspection and testing fees.
(D) As used in this section,
"inspection and testing fees"
includes the following:
(1) Fees for vehicle inspections conducted under sections
4505.11, 4505.111, 4513.52, 4513.53, 4519.56, 4519.61, and 4766.07
of the Revised Code;
(2) Fees for testing of commercial driver's license
applicants under section 4506.09 of the Revised Code;
(3) Except as may otherwise be specifically provided by law,
any statutory fees for similar vehicle inspections or driver
testing conducted by the state highway patrol that the
superintendent may specify for collection under this section.
Sec. 5516.10. (A) No person shall do either of the
following
without first obtaining a permit and permit plates from
the director of
transportation: (1) Erect, use, maintain, operate, construct, or cause or
permit to be
erected, used, maintained, operated, or constructed,
any advertising device
located in
either of the following: (a) Commercial or industrial zones traversed by segments of
the
interstate system within the boundaries of a municipal
corporation as such
boundaries existed on September 21, 1959;
or (b)
Located in zoned
Zoned or unzoned industrial or
commercial areas
adjacent to highways on the primary system; or. (2) Maintain any nonconforming advertising device. (B) Applications for such a permit shall be made
on forms
prescribed by the director, and a separate
application
must
shall
be submitted for each sign face. The director shall adopt
rules
setting forth the requirements for completion of the application
process
and the
issuance of permits consistent with
the provisions
of this section. (1) As part of the application process, the director may
require an
acknowledgment to be signed by the owner or person in
lawful possession or
control of the proposed location of the
advertising device. Such
acknowledgment may include, but shall
not be limited to, a statement that the
applicant has the right to
occupy the land at the subject location, that if at
any time
removal is required, the owner or person in lawful possession or
control of the location may be jointly liable, and that the
applicant may only
occupy the land for a specified time period.
If
legal use of the location is
terminated at any time during the
permit period, the permit is subject to
cancellation pursuant to
section 5516.12 of the Revised Code. (2) As part of the application process, the director may
require an
applicant or the applicant's authorized representative
to certify in a
notarized signed statement that the applicant has
not knowingly provided
materially false, misleading, or
inaccurate
information. (3) Each application shall be accompanied by the appropriate
application
fee as set forth in the fee schedule established by
the director. Such fee
schedule shall be based on the reasonable
cost of administering and processing
such permits. Application
fees shall be nonrefundable. (4) Applications for permits
will
shall be disapproved and
permits
will
shall not be
issued under any of the following
conditions: (a) The proposed location for an advertising device is not
visible from the main traveled portion of the highway due to
existing
landscaping on the right-of-way of any highway;. (b) The advertising device can be erected or maintained only
from
the right-of-way of an interstate or primary highway system;. (c) The proposed location for the advertising device is on
land
that is used principally as a residence;. (d) The advertising device is erected or maintained on
trees, or
painted or drawn upon rocks or other natural features;. (e) The advertising device would be a traffic hazard or a
danger
to the safety of the traveling public;. (f) The advertising device would prevent the driver of a
motor
vehicle from having a clear and unobstructed view of
official signs and
approaching or merging traffic;. (g) The advertising device is illuminated so as to interfere
with
the effectiveness of an official sign, signal, or other
traffic control
device;. (h) The advertising device attempts, or appears to attempt,
to
direct the movement of traffic, or interferes with, imitates,
or resembles an
official sign, signal, or other traffic control
device. (C) The issuance of a permit under this section shall not
be
construed to invalidate municipal ordinances requiring a
permit or
license or providing for an inspection fee for
advertising
devices, or regulating such advertising devices. The
cost of the
application fee for such permits or licenses issued,
or the cost
of initial inspection fees charged
under municipal ordinances
shall be credited against and shall reduce the cost
of the permit
issued by the director under this section. If a
permit is issued
by a zoning authority pursuant to its ordinances, rules, or
regulations controlling outdoor advertising devices, a copy
thereof shall be
furnished to the director with any application
for a new permit required by
this section
or within thirty days of
its issuance by a zoning authority. (D) Where an application is submitted for the erection, use,
maintenance, operation, or construction of an advertising device,
the director
may conditionally approve such application as to
location only, and final
approval
will
shall remain pending until
the advertising device is erected, used,
maintained,
or
constructed, or becomes operational. Upon notification by the
permit applicant that the erection, use, maintenance,
construction, or
operation of the advertising device is completed,
the director shall verify
that the advertising device complies
with the terms and conditions of the
conditional permit. Upon
verification of compliance with the terms and
conditions
of the
conditional permit, the director may approve and issue a permit
and
permit plates, which shall be securely and permanently
attached in the corner
of the face of the advertising device
nearest to the highway in such a manner
as to be visible from the
main traveled way of the interstate or primary
highway system.
Replacement plates may be issued upon request and upon the
payment
of a replacement fee to be determined by the director. (E) All permits issued pursuant to this section shall be in
effect for a period of
one year
two years. Permits may be renewed
upon application made
on forms designated by the director and upon
the payment of a nonrefundable
renewal fee in an amount to be
determined by the director based on the
reasonable cost of
administering and processing such renewal permits. Any
permits
that are not renewed, and any permit plates issued in connection
with
such permits, shall be returned to the director for
cancellation by the
expiration date. The director may adopt rules
for the reinstatement of
permits canceled as a result of
nonpayment of renewal fees, and shall develop
a fee schedule for
late renewals. (F) Where the director conditionally approves the issuance
of a
permit as to location only and the permit applicant fails to
exercise the
privilege of constructing, erecting, using,
operating, or maintaining an
advertising device within the period
for which the permit was issued, such
permit shall not be renewed
unless a renewal fee is paid to extend the
privilege for one
additional permit period. No conditional permit shall be
renewed
and no
extensions shall be granted after the second renewal
period. (G) Permits for advertising devices erected and maintained
with a
valid permit issued before July 1, 1997, may be renewed
unless the
director finds that the permit application contains
materially false,
misleading, or inaccurate information or the
sign has been erected or
maintained contrary to
the provisions of
this chapter or the rules adopted
thereunder, and in such event
the director may take appropriate action
pursuant to section
5516.12 of the Revised Code. An applicant who has
a
conditional
permit issued by the director before
the effective date of this
amendment
June 30, 1997, and
who has not yet
exercised the
privilege of constructing, using, operating, erecting, or
maintaining an advertising device at the proposed location as of
that
effective date, shall have until
December 31, 1997, to comply
with the terms and conditions of the
conditional permit or such
permit shall be canceled. However, the applicant
may request
that
the conditional permit be renewed by submitting a renewal
application and
paying a nonrefundable renewal fee to extend the
privilege for one additional
permit period. (H) Permits may be transferred from one sign owner to
another
upon written acknowledgment from the current permittee and
the payment of a
transfer fee in an amount to be determined by the
director for each permit to
be transferred. The new permit holder
is subject to all the terms and
conditions of the prior permit
holder and shall be subject to
all provisions
of this chapter and
the rules adopted thereunder.
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
and 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. (2) On or before December 31,
2000
2002, 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.
(3) After completion of the sixth
project, no projects shall
be commenced
under
this 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,
and also during the period beginning July 1, 2001,
and ending June 30, 2003, the director may expand the pilot
program to more contracts
combining the design and construction
elements of highway or
bridge projects.
The
For each biennium,
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
eighty-five million dollars
and no
more than
three
two projects,
whose per-project estimate
must exceed
ten
twenty 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. The technical proposal also may include innovative
design and
construction techniques, aesthetics, environmental
protection, a maintenance of traffic plan, and the type and
duration of warranty coverage. 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.
The proposals of the two unsuccessful
finalists shall become the property of the director unless an
unsuccessful finalist elects to waive the compensation. The
director shall return the proposal of any unsuccessful finalist
who waives the compensation.
Sec. 5525.23. (A) The director of transportation may include
in
any
construction contract a provision authorizing
arbitration
of
a
binding dispute resolution method for
any
controversy
subsequently
arising out of the contract. The
provision shall
provide that if
binding dispute resolution method may proceed only
upon agreement
of all parties
in
a
to the controversy
arising out
of a
construction contract agree to
proceed to
arbitration, the
director shall determine the method
and form of
arbitration.
Notwithstanding sections 2711.11 and
2711.13 of the
Revised Code,
the decision of an arbitrator
under
this section is
not subject to
a motion to modify or correct an
award. If all parties do not
agree to proceed to binding
dispute
resolution, a party having a
claim against the department
of
transportation shall exhaust its
administrative remedies
specified
in the construction contract
prior to filing any action
against
the department in the court of
claims.
No No appeal
from the
decision
determination of
an arbitrator
a
technical expert lies to any
court, except that
the court of
common pleas of Franklin county may
make
issue an
order
vacating
the award
such a determination upon the application of any party
to the
arbitration
binding dispute resolution if
division (A),
(B), or (C) of section
2711.10
of the
Revised Code
any of the
following applies: (1) The determination was procured by corruption, fraud, or
undue
means. (2) There was evident partiality or corruption on the part
of the
technical expert. (3) The technical expert was guilty of misconduct in
refusing to
postpone the hearing, upon sufficient cause shown, or
in refusing
to hear evidence pertinent and material to the
controversy, or of
any other misbehavior by which the rights of
any party have been
prejudiced. (B) The director, not later than the first day of February
of
every year, shall provide the governor, the attorney general,
the president of the senate, and the speaker of the house of
representatives with a written list detailing the claims resolved
in
the manner provided by division (A) of this section during the
preceding calendar year. (C) As used in this section,
"binding dispute resolution"
means a
binding determination after review by a technical expert
of all relevant
items, which may include documents, and by
interviewing
appropriate personnel and visiting the project site
involved in
the controversy.
"Binding dispute resolution" does
not
involve
representation by legal counsel or advocacy by any
person
on
behalf of any party to the controversy.
Sec. 5525.25. (A)
In making contracts, the director of
transportation shall comply with the following requirements for
For
each
fiscal year: (1)
At least, not more than 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
more than seven years, for pavement in the case
of
new
construction; (2) Not
less
more than five years, in the case of pavement
resurfacing
and rehabilitation; (3) Not
less
more 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. 5526.01. As used in this chapter: (A)
"Firm" means any person or limited liability company
that
is legally engaged in rendering professional services.
(B)
"Federal Water Pollution Control Act" has the same
meaning as in section 6111.01 of the Revised Code.
(C)
"Professional services" means any of the following:
(1) The practice of engineering as defined in section
4733.01 of the Revised Code;
(2) The practice of surveying as defined in section 4733.01
of the Revised Code;
(3) The practice of landscape architecture as defined in
section 4703.30 of the Revised Code;
(4) The evaluation of environmental impacts performed in
accordance with the
"National Environmental Policy Act of 1969,"
83 Stat. 852, 42 U.S.C. 4321, as amended, the Federal Water
Pollution Control Act, or any other applicable law or regulation;
(5) Right-of-way acquisition services such as right-of-way
project management, title searches, property valuations,
appraisals, appraisal reviews, negotiations, relocation services,
appropriation activities, real estate closings, and property
management activities that are performed for the purpose of
properly acquiring private and public property rights in
conjunction with public highway projects and that conform to
Chapters 163. and 5501. of the Revised Code; rules 5501:2-5-01 to
5501:2-5-06 of the Ohio Administrative Code; the
"Uniform
Relocation Assistance and Real Property Acquisition Policies Act
of 1970," 84 Stat. 1894, 42 U.S.C. 4601, et seq., as amended; the
"Surface Transportation and Uniform Relocation Assistance Act of
1987," Public Law No. 100-17, 101 Stat. 132; applicable
provisions of Titles 23 and 49 of the Code of Federal Regulations;
and any applicable policies and procedures established by the
department of transportation;
(6) Services related to the department's administration of
construction contract claims, including, but not limited to, the
analysis of claims, assistance in negotiations, and assistance
during litigation;
(7) Architectural services related to bridges; (8) Any other professional service that is determined by the
director of transportation or any other designated officials of
the department to be necessary for the provision of transportation
services. "Professional services" does not mean the practice of
architecture as regulated under Chapter 4703. of the Revised Code,
except landscape architecture and architectural services related
to bridges as provided in divisions (C)(3) and (7) of this
section.
(D)
"Qualifications" means all of the following:
(1) The competence of a firm to perform required
professional services as indicated by the technical training,
education, and experience of the firm's personnel, in particular
the technical training, education, and experience of the firm's
personnel assigned to perform professional services for the
department;
(2) The ability of a firm in terms of its workload and the
availability of qualified personnel, equipment, and facilities to
perform the required professional services competently and
expeditiously;
(3) The past performance of a firm as indicated by
evaluations of previous clients of the firm with respect to such
factors as control of costs, quality of work, and meeting of
deadlines;
(4) Any other relevant factors as determined by the
director.
Sec. 5526.02. Notwithstanding Chapter 125. and sections
153.65 to 153.71 of the Revised Code, the director of
transportation may employ or
enter into contracts with any
qualified firm for
professional services in accordance with this
chapter.
Sec. 5526.03. The director of transportation shall issue
public notice of the intent of the department of transportation to
enter into a contract for professional services. The director
shall advertise the public notice via the internet or by other
means to ensure that qualified firms are notified and given the
opportunity to be considered for the award of the contract. The
director may include more than one contract in a single public
notice. The director may limit the number of contracts to which a
firm may respond for the purpose of ensuring quality in the
performance of those contracts.
A public notice issued under this section shall be issued in
a uniform and consistent manner, shall be issued sufficiently in
advance of the time that responses must be received, and shall do
both of the following:
(A) Include a general description of the project, a
statement of the specific professional services required, and a
description of the qualifications required for the project;
(B) Describe the procedures by which firms may submit
statements of qualifications in order to be considered for a
contract.
Sec. 5526.04. The director of transportation may institute
prequalification requirements for firms seeking to provide
professional services and may require that each prequalified firm
maintain a current statement of qualifications with the department
of transportation. The prequalification requirements shall be
based on the factors set forth in division (D) of section 5526.01
of the Revised Code.
Sec. 5526.05. (A) For every professional service contract
for which the department of transportation provides public
notice under section 5526.03 of the Revised Code, the director of
transportation shall evaluate the qualifications of each firm
seeking to enter into the contract with the department. The
director may hold discussions with any such firm for the purposes
of obtaining more information about a statement of qualifications
submitted by the firm, the scope and nature of the services that
the firm would provide, and the various technical approaches that
the firm may take with respect to the project to which the
proposed contract applies.
(B) Following the evaluation of the qualifications of firms
and any additional discussions with those firms with respect to a
contract for professional services, the director shall do both of
the following:
(1) Select and rank no fewer than three firms that the
director considers to be the most qualified to provide the
required professional services unless the director determines that
fewer than three qualified firms are available, in which case the
director shall select and rank those firms;
(2) Negotiate a contract with the firm that is ranked the
most qualified to perform the required professional services. The
contract negotiations shall be directed toward all of the
following:
(a) Ensuring that the firm and the department have a mutual
understanding of the essential requirements involved in providing
the required professional services;
(b) Determining that the firm will make available the
necessary personnel, equipment, and facilities to perform the
professional services within the time that will be required in the
contract;
(c) Agreeing on compensation that is fair and reasonable,
taking into account the estimated value, scope, complexity, and
nature of the services.
(C) Upon the failure to negotiate a contract with the firm
that is ranked most qualified under division (B) of this section,
the director shall notify the firm in writing of the termination
of negotiations and shall enter into negotiations with the firm
that is ranked next most qualified. If negotiations fail with
that firm, the director shall negotiate with each subsequently
ranked firm in order of ranking until a contract is negotiated and
entered into or until the director selects and ranks additional
firms under division (D) of this section. All negotiations shall
comply with this section and any rules adopted under this chapter.
(D) If the director fails to negotiate a contract with any
of the firms selected under division (B) of this section, the
director shall select and rank additional firms based on their
qualifications. Negotiations shall continue in the same manner as
with the firms selected and ranked under division (B) of this
section until a contract is negotiated and entered into.
(E) When a contract is negotiated, the director, if required
under section 127.16 of the Revised Code, shall request approval
of the controlling board to make expenditures under the contract.
However, if the director is selecting firms for a group of
contracts included in a single announcement and the approval of
the controlling board is required under that section, the director
may present the selections as a group to the controlling board for
the
board's approval prior to negotiation of the contracts. Final
negotiations of
the group of contracts may be completed after the
controlling
board's approval. If the director fails to negotiate
a contract
with a firm that is selected to perform one of the
contracts of a
group of contracts, the director shall notify the
controlling
board of the selection of an alternate firm under
division
(C) or
(D) of this section.
If the estimated construction cost of a project is twenty
million dollars or more, the director may present preliminary
estimates regarding the project to the controlling board for the
purpose of requesting authority to select firms and enter into
contracts for professional services for that project without
further consent of the controlling board. The director shall keep
itemized records of the funds that are obligated under each
contract and shall report those amounts to the controlling board
annually.
Sec. 5526.06. (A) The director of transportation may
adopt, amend, or rescind rules in accordance with Chapter 119. of
the Revised Code for the purpose of implementing sections 5526.02
to 5526.05 of the Revised Code.
(B) Sections 5526.02 to 5526.05 of the Revised Code do not
apply to any of the following:
(1) A project with an estimated cost of less than fifty
thousand dollars;
(2) A project that is determined by the director to be an
emergency requiring immediate action under section 5526.08 of the
Revised Code. When contracting for professional services for the
purpose of addressing the emergency, the director shall comply
with that section.
(3) A project requiring special expertise where there exist
fewer than three qualified firms.
Sec. 5526.07. (A) Except for any firm providing
professional services that relate to research or training,
right-of-way acquisition services, or services to assist the
department of transportation in the administration of contract
claims, a firm that renders professional services to the
department, during the period of the performance of professional
services for the department and for any other period of time
specified in a contract with the department, shall have and
maintain, or be covered by, a professional liability insurance
policy or policies with a company or companies that are authorized
to do business in this state and that afford professional
liability coverage for the professional services rendered. The
insurance shall be in an amount considered sufficient by the
director of transportation.
(B) The requirement to have or be covered by professional
liability insurance under division (A) of this section may be
waived by the director for good cause.
Sec. 5526.08. The director of transportation may declare
an emergency if circumstances exist that threaten life, safety, or
health or if a situation arises that would greatly increase the
costs of a project if not addressed. The director shall declare
an emergency by preparing a written statement of the circumstances
that exist that warrant the declaration. Notwithstanding section
127.16 of the Revised Code, the director may then select a firm
with
appropriate qualifications and negotiate a contract for the
immediate performance of emergency professional services. Not
later than thirty days after the professional services have been
performed, the
director shall submit a written report to the
controlling board
indicating the amount of the emergency contract,
the services
performed by the firm, and the circumstances giving
rise to the
emergency.
Sec. 5529.03.
(A)(1) The director of transportation may
acquire
by gift, purchase, or appropriation, any interest, estate,
or
right in and to real property adjacent to highways of this
state
as necessary for the restoration, preservation, and
enhancement
of scenic beauty adjacent to
said
those highways, or
for the
establishment of publicly owned and controlled rest and
recreation areas and sanitary and other facilities within or
adjacent to the right-of-way of
said
those highways to accommodate
the
traveling public. Nothing in this section authorizes the
director to appropriate fee simple title to real property further
than three hundred feet from the nearest edge of the highway
right-of-way.
(2) Division (A)(1) of this section does not apply to the
purchase or appropriation of any interest in property under
section 5501.31 of the Revised Code that is required for land to
replace wetlands or to the purchase of property under that section
to replace,
preserve, or conserve any environmental resource. (B) The director may convey or lease any such property
adjacent
to the highway right-of-way to any person or entity in
the manner and
subject to such
reservations, conditions,
covenants, or other contractual
arrangements as the director
determines will not
substantially interfere with the scenic
character or beauty of
the area traversed by the highway. (C) The director may employ consulting engineers and enter
into
contracts for consulting engineering services with any
qualified
person,
or firm, partnership, corporation, or
association to prepare
plans and estimates and generally supervise
the construction and
landscaping for scenic enhancement and
roadside beautification
projects, and in the awarding of such
contracts compliance with
sections 5501.17 and 5525.01 of the
Revised Code is not required. (D) Any instrument by which real property is acquired
pursuant to this section
shall identify the agency of the state
that has the use and benefit of the
real property as specified in
section 5301.012 of the Revised Code.
Sec. 5735.051. The general assembly finds as a fact that,
of
the revenues
which
that occur from excises imposed by sections
5735.05,
5735.25, 5735.29, and
5735.30 of the Revised Code,
three-fourths
of one per
cent
are
is attributable to the
operation
of motor
vehicles upon waters within the boundaries of this state.
Of this
amount, seven-eighths shall be credited to the waterways
safety
fund
and shall be used for the purposes of sections 1547.71
to
1547.78 of the
Revised Code, and one-eighth shall be credited
to
the wildlife boater angler fund and shall be used for the
purposes
specified in section 1531.35 of the Revised Code.
Sec. 5577.04. (A) The maximum wheel load of any one wheel
of any vehicle, trackless trolley, load, object, or structure
operated or moved upon improved public highways, streets,
bridges,
or culverts shall not exceed six hundred fifty pounds
per inch
width of pneumatic tire, measured as prescribed by
section 5577.03
of the Revised Code. (B) The weight of vehicle and load imposed upon
the
a road
surface
that is part of the interstate system by vehicles with
pneumatic tires shall not exceed any of
the following weight
limitations: (1) On any one axle, twenty thousand pounds; (2) On any tandem axle, thirty-four thousand pounds; (3) On any two or more consecutive axles, the maximum
weight
as determined by application of the formula provided in
division
(C) of this section. (C) For purposes of division (B)(3) of this section, the
maximum gross weight on any two or more consecutive axles shall
be
determined by application of the following formula: W = 500((LN/N-1) + 12N +36). In this formula, W equals the overall gross weight on any
group of two or more consecutive axles to the nearest five
hundred
pounds, L equals the distance in rounded whole feet
between the
extreme of any group of two or more consecutive
axles, and N
equals the number of axles in the group under
consideration.
However, two consecutive sets of tandem axles may
carry a gross
load of thirty-four thousand pounds each, provided
the overall
distance between the first and last axles of such
consecutive sets
of tandem axles is thirty-six feet or more. (D)
Through June 30, 1996, as an alternative to
Except as
provided
in division
(B)(I) of this section, the weight of vehicle
and load imposed
upon
a road surface that is not part of the
interstate system by
vehicles with pneumatic tires shall not
exceed any of the
following weight limitations: (1) On any one axle, twenty thousand pounds; (2) On any two successive axles: (a) Spaced four feet or less apart, and weighed
simultaneously, twenty-four thousand pounds; (b) Spaced more than four feet apart, and weighed
simultaneously, thirty-four thousand pounds, plus one thousand
pounds per foot or fraction thereof, over four feet, not to
exceed
forty thousand pounds;. (3) On any three successive load-bearing axles designed to
equalize the load between such axles and spaced so that each such
axle of the three-axle group is more than four feet from the next
axle in the three-axle group and so that the spacing between the
first axle and the third axle of the three-axle group is no more
than nine feet, and with such load-bearing three-axle group
weighed simultaneously as a unit: (a) Forty-eight thousand pounds, with the total weight of
vehicle and load not exceeding thirty-eight thousand pounds plus
an additional nine hundred pounds for each foot of spacing
between
the front axle and the rearmost axle of the vehicle; (b) As an alternative to division (D)(3)(a) of this
section,
forty-two thousand five hundred pounds, if part of a
six-axle
vehicle combination with at least twenty feet of spacing
between
the front axle and rearmost axle, with the total weight
of vehicle
and load not exceeding fifty-four thousand pounds
plus an
additional six hundred pounds for each foot of spacing
between the
front axle and the rearmost axle of the vehicle. (4) The total weight of vehicle and load utilizing any
combination of axles, other than as provided for three-axle
groups
in division (D) of this section, shall not exceed
thirty-eight
thousand pounds plus an additional nine hundred
pounds for each
foot of spacing between the front axle and
rearmost axle of the
vehicle. (E) Notwithstanding divisions (B) and (D) of this section,
the maximum overall gross weight of vehicle and load imposed upon
the road surface shall not exceed eighty thousand pounds. (F) Notwithstanding any other provision of law, when a
vehicle is towing another vehicle, such drawbar or other
connection shall be of a length such as will limit the spacing
between nearest axles of the respective vehicles to a distance
not
in excess of twelve feet and six inches. (G) As used in division (B) of this section,
"tandem axle"
means two or more consecutive axles whose centers may be included
between parallel transverse vertical planes spaced more than
forty
inches but not more than ninety-six inches apart, extending
across
the full width of the vehicle. (H) This section does not apply to passenger bus type
vehicles operated by a regional transit authority pursuant to
sections 306.30 to 306.54 of the Revised Code. (I)
It is the intent of the general assembly that through
June 30, 1996, either
Either division (B) or (D) of this section
shall
apply
applies to the weight of a vehicle and its load
imposed upon
any
road surface that is not a part of the interstate
system by
vehicles with pneumatic tires.
It is the further intent
of the
general assembly that, as
As between divisions (B) and (D)
of this
section, only the division that yields the highest total
gross
vehicle weight limit shall be applied to any
particular
such
vehicle. Once that division is determined, only the limits
contained in
the subdivisions of that division shall apply to that
vehicle.
Section 2. That existing sections 151.01, 163.10, 163.22,
4503.191, 4503.73, 4505.10, 4506.10, 4511.76, 4513.34, 4561.05,
4561.06, 4561.13, 5501.17, 5501.31, 5502.12, 5516.10, 5517.011,
5525.23, 5525.25,
5529.03, 5577.04, and 5735.051 and
sections
4509.27 and 5501.18 of the
Revised Code are
hereby repealed.
Section 3. Except as otherwise provided, all appropriation
items 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, the amounts in the first
column are for fiscal year 2002 and
the amounts in the second
column are for fiscal year 2003.
Section 4. DOT DEPARTMENT OF TRANSPORTATION
FUND |
|
|
TITLE |
|
|
FY 2002 |
|
|
FY 2003 |
Transportation Planning and ResearchHighway Operating Fund Group
002 |
771-411 |
|
Planning and Research - State |
|
$ |
13,724,000 |
|
$ |
13,408,210 |
002 |
771-412 |
|
Planning and Research - Federal |
|
$ |
32,190,000 |
|
$ |
32,460,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
45,914,000 |
|
$ |
45,868,210 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Transportation Planning |
|
|
|
|
|
|
and Research |
|
$ |
45,914,000 |
|
$ |
45,868,210 |
Highway ConstructionHighway Operating Fund Group
002 |
772-421 |
|
Highway Construction - State |
|
$ |
440,536,920 |
|
$ |
372,980,940 |
002 |
772-422 |
|
Highway Construction - Federal |
|
$ |
834,567,650 |
|
$ |
834,230,370 |
002 |
772-424 |
|
Highway Construction - Other |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
212 |
770-005 |
|
Infrastructure Debt Service - Federal |
|
$ |
28,870,000 |
|
$ |
45,650,000 |
212 |
772-423 |
|
Infrastructure Lease Payments - Federal |
|
$ |
12,534,300 |
|
$ |
12,537,800 |
212 |
772-426 |
|
Highway Infrastructure Bank - Federal |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
212 |
772-427 |
|
Highway Infrastructure Bank - State |
|
$ |
11,700,000 |
|
$ |
11,200,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
1,380,708,870 |
|
$ |
1,329,099,110 |
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 |
|
$ |
300,000,000 |
|
$ |
30,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
300,000,000 |
|
$ |
30,000,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Construction |
|
$ |
1,905,708,870 |
|
$ |
1,461,599,110 |
Highway MaintenanceHighway Operating Fund Group
002 |
773-431 |
|
Highway Maintenance - State |
|
$ |
372,636,000 |
|
$ |
381,176,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
372,636,000 |
|
$ |
381,176,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Maintenance |
|
$ |
372,636,000 |
|
$ |
381,176,000 |
Intermodal TransportationState Special Revenue Fund Group
4Y2 |
774-446 |
|
Congestion Mitigation Revolving Fund |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Intermodal Transportation |
|
$ |
50,000 |
|
$ |
50,000 |
Public TransportationHighway Operating Fund Group
002 |
775-452 |
|
Public Transportation - Federal |
|
$ |
27,000,000 |
|
$ |
27,000,000 |
002 |
775-454 |
|
Public Transportation - Other |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
002 |
775-459 |
|
Elderly and Disabled Special Equipment - Federal |
|
$ |
4,230,000 |
|
$ |
4,230,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
32,730,000 |
|
$ |
32,730,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Public Transportation |
|
$ |
32,730,000 |
|
$ |
32,730,000 |
Rail TransportationHighway Operating Fund Group
002 |
776-462 |
|
Grade Crossings - Federal |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
State Special Revenue Fund Group
4A3 |
776-665 |
|
Railroad Crossing Safety Devices |
|
$ |
1,200,000 |
|
$ |
0 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
1,200,000 |
|
$ |
0 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Rail Transportation |
|
$ |
16,200,000 |
|
$ |
15,000,000 |
AviationHighway Operating Fund Group
002 |
777-472 |
|
Airport Improvements - Federal |
|
$ |
405,000 |
|
$ |
405,000 |
002 |
777-475 |
|
Aviation Administration |
|
$ |
4,092,010 |
|
$ |
4,158,690 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
4,497,010 |
|
$ |
4,563,690 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Aviation |
|
$ |
4,497,010 |
|
$ |
4,563,690 |
AdministrationState Special Revenue Fund Group
4T5 |
770-609 |
|
Administration Memorial Fund |
|
$ |
5,000 |
|
$ |
5,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,000 |
|
$ |
5,000 |
Highway Operating Fund Group
002 |
779-491 |
|
Administration - State |
|
$ |
109,042,000 |
|
$ |
110,431,850 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
109,042,000 |
|
$ |
110,431,850 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
109,047,000 |
|
$ |
110,436,850 |
Debt ServiceHighway Operating Fund Group
002 |
770-003 |
|
Administration - State - Debt Service
|
|
$ |
14,799,000 |
|
$ |
14,403,400 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
14,799,000 |
|
$ |
14,403,400 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
14,799,000 |
|
$ |
14,403,400 |
TOTAL Department of Transportation
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
1,975,326,880 |
|
$ |
1,933,272,260 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
225,000,000 |
|
$ |
102,500,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
300,000,000 |
|
$ |
30,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,255,000 |
|
$ |
55,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,501,581,880 |
|
$ |
2,065,827,260 |
Section 4.01. ISSUANCE OF BONDS The Treasurer of State, upon the request of the Director of
Transportation, is authorized to issue and sell, in accordance
with
Section 2m of Article VIII, Ohio Constitution, and Chapter
151. and particularly sections 151.01 and 151.06 of the Revised
Code, obligations, including bonds and
notes, of the State of Ohio
in the aggregate amount of $257,500,000
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 such obligations are outstanding at
any one time. HIGHWAY OBLIGATIONS - AUTHORIZATION
The amount of authorization to issue and sell obligations
granted by prior acts of the General Assembly pursuant to Section
2i of Article VIII, Ohio Constitution, and section 5528.30 of the
Revised Code is reduced from $1,854,695,000 to $1,745,000,000.
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 of Transportation 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 FUND 002 APPROPRIATIONS - PLANNING
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, AVIATION,
AND ADMINISTRATION The 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), aviation (appropriation item
777-475), and highway administration (appropriation item 779-491).
Transfers of appropriations
may be made upon the
written request
of the Director of Transportation and 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 authority is intended to provide for emergency
situations and flexibility to meet unforeseen conditions that
could arise during the budget period. It also is intended to
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 - FEDERAL HIGHWAY AND FEDERAL
TRANSIT The Director of Budget and Management may approve requests
from the Department of Transportation for the transfer of
appropriations between appropriation items 772-422, Highway
Construction - Federal, and 775-452, Public Transportation -
Federal, based upon transit capital projects meeting Federal
Highway Administration and Federal Transit Administration funding
guidelines. Transfers between these appropriation items may be
made upon the written request of the Director of Transportation
and with the approval of the Director of Budget and Management.
Such transfers shall be reported to the Controlling Board at its
next regularly scheduled meeting. 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 2002 and 2003. Such transfers shall
be
reported to the Controlling Board at its next regularly scheduled
meeting. 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 from 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 its next regularly scheduled meeting.
However, the director may not make transfers
between modes and
transfers between different funding
sources. INCREASE APPROPRIATION AUTHORITY - STATE FUNDS In the event that receipts or unexpended balances credited to
the Highway Operating Fund exceed the estimates upon which the
appropriations have been made in this act, upon the request of
the
Director of
Transportation, the Controlling Board may
increase
appropriation authority in the manner
prescribed in
section 131.35
of the Revised Code. 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, upon the request of the Director of Transportation, the
Controlling Board may increase appropriation authority in the
manner prescribed in section 131.35 of the Revised Code. 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, 2001, and the
unexpended balance of prior years'
appropriations that
subsequently become unencumbered after June 30, 2001, subject to
the availability of revenue as determined by the Director of
Transportation, are hereby reappropriated for the same purpose in
fiscal year 2002 upon the request of the Director of
Transportation and
with the approval of the Director of Budget and
Management. Such
reappropriations shall be reported to the
Controlling 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, 2002, and the
unexpended balance of
prior years' appropriations that
subsequently become unencumbered after June
30, 2002, subject to
the availability of revenue as determined by the
Director of
Transportation, are hereby
reappropriated for use during fiscal
year 2003
for the same
purpose, upon the request of the Director
of Transportation and with the approval of the Director of Budget
and Management. The department shall report all such
reappropriations
to
the Controlling Board.
Section 4.04. PUBLIC ACCESS ROADS FOR STATE FACILITIES Of the foregoing appropriation item 772-421, Highway
Construction
- State, $3,145,500 is to be used each fiscal year
during the
2001-2003 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, $2,228,000 in each fiscal year of the 2001-2003 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, including 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. 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 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. RUMBLE STRIPS AT RAILROAD CROSSINGS The foregoing appropriation item 776-665, Railroad Crossing
Safety Devices,
shall be used to award grants or pay
reimbursements to political
subdivisions or state agencies for the
costs of putting rumble strips at
active railroad crossings
without gates or lights. The maximum amount of a
grant or
reimbursement payment is $1,500 for any single crossing. Each
political subdivision or state agency with jurisdiction over a
crossing with
a daily traffic count of at least five hundred motor
vehicles and at least
six trains shall apply to the Department for
a grant or reimbursement for
the costs of putting rumble strips at
that crossing, and shall install the
strips before the end of
fiscal year 2003. However, the Department may
grant a waiver from
this requirement for good cause shown. The Department
shall use
the portion of the appropriation item in excess of the amount
needed for the mandated crossings to award grants or pay
reimbursements for
other crossings in the order in which
applications for those crossings are
received. A political
subdivision or state agency with jurisdiction over a
mandated
crossing may include in its application a request for a grant or
reimbursement for the costs for nonmandated crossings over which
it also has
jurisdiction. If rumble strips are not appropriate for a crossing, the
Department may
allow the political subdivision or state agency
with jurisdiction over the
crossing to use the funding for a
safety device or technology more
appropriate for the crossing. The Department shall notify each political subdivision or
state agency with
jurisdiction over a mandated crossing of the
requirements of this section
and that funding is available for the
costs of putting rumble strips at the
crossing. The Department
also shall notify associations representing
political subdivisions
of the availability of the funding. The Department shall not reimburse political subdivisions or
state agencies
for the costs of rumble strips already located at
crossings on July 1, 2001,
unless the existing rumble strips must
be replaced due to deterioration to
the point of serving no useful
purpose. The Department shall spend no more than five per cent of the
appropriation
item on Department administrative expenses. The Department shall issue a report on or before January 1,
2003, describing
the activities carried out by the Department to
comply with the provisions
of this section. The report shall
include the number of mandated crossings
at which rumble strip
installation has been completed, the total number of
crossings at
which installation was completed, the cost of each installation
to
date, the number of active crossings without gates or lights that
still
do not have rumble strips, and a geographic breakdown of
where the crossings
are that have and have not yet received rumble
strips. All appropriations in Fund 4A3, appropriation item 776-665,
Railroad
Crossing Safety Devices, remaining unencumbered on June
30, 2002, are hereby
reappropriated for the same purpose in fiscal
year 2003. The Department
shall report all such reappropriations
to the Controlling Board.
Section 4.05. DEPARTMENT OF TAXATION By June 30, 2002, the Director of
Budget
and Management shall
transfer $3,690,700 in cash
from Fund 002, the Highway
Operating
Fund, to the General Revenue Fund. By June 30, 2003, the Director
of
Budget and Management shall transfer $3,889,600 in cash from
Fund 002, the Highway Operating Fund, to
the General Revenue Fund.
The transfers are for
reimbursement of the services provided by
the Department of
Taxation pursuant to sections 5728.08, 5735.26,
and 5735.29 of the Revised Code. The 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
appropriation item 770-003. 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
2002 or 2003, then prior to June 30, 2003, the balance
may be
transferred to appropriation item 772-421, 773-431, or
779-491.
Such transfer
may be made upon the written request of
the Director of Transportation and with
the approval of the
Director of Budget and Management. Transfers
shall be reported to
the Controlling Board at its next regularly
scheduled meeting.
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 GRANTS The Director of Transportation may 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. Motor vehicle fuel tax revenues
may not be used for operating
assistance or for the purchase of
vehicles, equipment, or maintenance
facilities.
Section 5. DHS DEPARTMENT OF PUBLIC SAFETY
Highway Safety Information and EducationState Highway Safety Fund Group
036 |
761-321 |
|
Operating Expense - Information and Education |
|
$ |
2,798,221 |
|
$ |
3,071,756 |
036 |
761-402 |
|
Traffic Safety Match |
|
$ |
277,137 |
|
$ |
277,137 |
831 |
761-610 |
|
Information and Education - Federal |
|
$ |
684,501 |
|
$ |
706,238 |
83N |
761-611 |
|
Elementary School Seat Belt Program |
|
$ |
407,166 |
|
$ |
447,895 |
832 |
761-612 |
|
Traffic Safety-Federal |
|
$ |
12,508,783 |
|
$ |
12,910,149 |
844 |
761-613 |
|
Seat Belt Education Program |
|
$ |
235,128 |
|
$ |
258,657 |
846 |
761-625 |
|
Motorcycle Safety Education |
|
$ |
1,316,145 |
|
$ |
1,358,917 |
847 |
761-622 |
|
Film Production Reimbursement |
|
$ |
45,259 |
|
$ |
46,390 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
18,272,340 |
|
$ |
19,077,139 |
Agency Fund Group |
|
|
|
|
|
|
5J9 |
761-678 |
|
Federal Salvage/GSA |
|
$ |
204,400 |
|
$ |
209,510 |
TOTAL AGY Agency |
|
$ |
204,400 |
|
$ |
209,510 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Safety Information |
|
|
|
|
|
|
and Education |
|
$ |
18,476,740 |
|
$ |
19,286,649 |
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
cash 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.
Section 5.01. BUREAU OF MOTOR VEHICLES State Special Revenue Fund Group
539 |
762-614 |
|
Motor Vehicle Dealers Board |
|
$ |
233,476 |
|
$ |
239,902 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
233,476 |
|
$ |
239,902 |
State Highway Safety Fund Group
4U0 |
762-638 |
|
Collegiate License Plate Program |
|
$ |
481,842 |
|
$ |
493,888 |
4U2 |
762-641 |
|
Football Hall of Fame License Plates |
|
$ |
150,000 |
|
$ |
150,000 |
4W4 |
762-321 |
|
Operating Expense-BMV |
|
$ |
63,822,261 |
|
$ |
69,503,140 |
4W4 |
762-410 |
|
Registrations Supplement |
|
$ |
33,647,970 |
|
$ |
34,988,363 |
5G8 |
762-668 |
|
Ohio CASA/GAL License Plates |
|
$ |
307,200 |
|
$ |
307,200 |
5G9 |
762-669 |
|
Rotary International License Plates |
|
$ |
20,480 |
|
$ |
20,480 |
5J0 |
762-670 |
|
Pro Sports Team License Plates |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
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 |
|
$ |
30,000 |
|
$ |
30,000 |
5J6 |
762-677 |
|
Ducks Unlimited License Plates |
|
$ |
25,000 |
|
$ |
25,000 |
5M7 |
762-679 |
|
FFA License Plates |
|
$ |
25,000 |
|
$ |
25,000 |
83R |
762-639 |
|
Local Immobilization Reimbursement |
|
$ |
970,000 |
|
$ |
994,250 |
835 |
762-616 |
|
Financial Responsibility Compliance |
|
$ |
5,534,464 |
|
$ |
8,911,789 |
849 |
762-627 |
|
Automated Title Processing Board |
|
$ |
7,771,434 |
|
$ |
8,185,803 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
114,125,651 |
|
$ |
124,974,913 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Bureau of Motor Vehicles |
|
$ |
114,359,127 |
|
$ |
125,214,815 |
MOTOR VEHICLE REGISTRATION The Registrar of Motor Vehicles may deposit
revenues to meet
the cash needs of 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, less
all other available cash. Revenue deposited pursuant to this
section shall support, in part,
appropriations for operating
expenses and 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 revenues
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
cash needs 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. 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,
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop. CUSTODIAL FUND CASH TRANSFER
On July 1, 2001, or as soon thereafter as possible, the cash
balance
in the Treasurer of State's custodial fund that was
created in
former section 4509.27 of the Revised Code shall be
deposited into the security deposit
fund that is created in
section 4509.27 of the Revised Code.
Section 5.02. ENFORCEMENT
State Highway Safety Fund Group
036 |
764-033 |
|
Minor Capital Projects |
|
$ |
2,531,302 |
|
$ |
1,732,358 |
036 |
764-321 |
|
Operating Expense - Highway Patrol |
|
$ |
185,264,130 |
|
$ |
195,245,402 |
83C |
764-630 |
|
Contraband, Forfeiture, Other |
|
$ |
603,296 |
|
$ |
622,894 |
83F |
764-657 |
|
Law Enforcement Auto. Data System |
|
$ |
5,050,151 |
|
$ |
5,277,569 |
83G |
764-633 |
|
OMVI Fines |
|
$ |
781,051 |
|
$ |
820,927 |
831 |
764-610 |
|
Patrol/Federal |
|
$ |
2,210,831 |
|
$ |
2,336,609 |
831 |
764-659 |
|
Transportation Enforcement - Federal |
|
$ |
3,919,153 |
|
$ |
4,087,361 |
837 |
764-602 |
|
Turnpike Policing |
|
$ |
8,803,786 |
|
$ |
9,306,325 |
838 |
764-606 |
|
Patrol Reimbursement |
|
$ |
216,690 |
|
$ |
222,108 |
840 |
764-607 |
|
State Fair Security |
|
$ |
1,306,015 |
|
$ |
1,384,660 |
840 |
764-617 |
|
Security and Investigations |
|
$ |
4,484,313 |
|
$ |
4,749,103 |
840 |
764-626 |
|
State Fairgrounds Police Force |
|
$ |
783,175 |
|
$ |
829,631 |
840 |
764-667 |
|
Security Assessment |
|
$ |
152,324 |
|
$ |
160,982 |
841 |
764-603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,243,025 |
|
$ |
1,274,101 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
217,349,242 |
|
$ |
228,050,030 |
General Services Fund Group
4S2 |
764-660 |
|
MARCS Maintenance |
|
$ |
241,811 |
|
$ |
227,222 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
241,811 |
|
$ |
227,222 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Enforcement |
|
$ |
217,591,053 |
|
$ |
228,277,252 |
COLLECTIVE BARGAINING INCREASES Notwithstanding division (D) of section 127.14 and division
(B)
of section 131.35 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 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 |
|
$ |
2,370,708 |
|
$ |
2,292,960 |
83P |
765-637 |
|
EMS Grants |
|
$ |
5,694,384 |
|
$ |
5,836,744 |
831 |
765-610 |
|
EMS/Federal |
|
$ |
263,475 |
|
$ |
270,062 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
8,328,567 |
|
$ |
8,399,766 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Medical Services |
|
$ |
8,328,567 |
|
$ |
8,399,766 |
Section 5.04. INVESTIGATIVE UNIT
State Highway Safety Fund Group
831 |
767-610 |
|
Liquor Enforcement - Federal |
|
$ |
483,710 |
|
$ |
514,184 |
831 |
769-610 |
|
Food Stamp Trafficking Enforcement - Federal |
|
$ |
974,809 |
|
$ |
1,025,732 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
1,458,519 |
|
$ |
1,539,916 |
Liquor Control Fund Group
043 |
767-321 |
|
Liquor Enforcement - Operations |
|
$ |
8,739,650 |
|
$ |
9,266,891 |
TOTAL LCF Liquor Control Fund |
|
|
|
|
|
|
Group |
|
$ |
8,739,650 |
|
$ |
9,266,891 |
State Special Revenue Fund Group
622 |
767-615 |
|
Investigative Contraband and Forfeiture |
|
$ |
394,255 |
|
$ |
404,111 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
394,255 |
|
$ |
404,111 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Special Enforcement |
|
$ |
10,592,424 |
|
$ |
11,210,918 |
Section 5.05. EMERGENCY MANAGEMENT
Federal Special Revenue Fund Group
3N5 |
763-644 |
|
U.S. DOE Agreement |
|
$ |
200,000 |
|
$ |
215,000 |
329 |
763-645 |
|
Individual/Family Grant - Fed |
|
$ |
296,100 |
|
$ |
303,504 |
337 |
763-609 |
|
Federal Disaster Relief |
|
$ |
6,100,000 |
|
$ |
2,000,000 |
339 |
763-647 |
|
Emergency Management Assistance and Training |
|
$ |
8,525,000 |
|
$ |
9,725,000 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
15,121,100 |
|
$ |
12,243,504 |
General Services Fund Group
4V3 |
763-662 |
|
Storms/NOAA Maintenance |
|
$ |
175,772 |
|
$ |
182,685 |
533 |
763-601 |
|
State Disaster Relief |
|
$ |
8,500,000 |
|
$ |
7,500,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
8,675,772 |
|
$ |
7,682,685 |
State Special Revenue Fund Group
4Y0 |
763-654 |
|
EMA Utility Payment |
|
$ |
146,657 |
|
$ |
146,657 |
4Y1 |
763-655 |
|
Salvage
& Exchange-EMA |
|
$ |
28,285 |
|
$ |
28,992 |
657 |
763-652 |
|
Utility Radiological Safety |
|
$ |
874,602 |
|
$ |
927,241 |
681 |
763-653 |
|
SARA Title III HAZMAT Planning |
|
$ |
190,000 |
|
$ |
190,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,239,544 |
|
$ |
1,292,890 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Management |
|
$ |
25,036,416 |
|
$ |
21,219,079 |
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
Chapter 3750. of the Revised Code.
The foregoing appropriation item 763-601, State Disaster
Relief, may accept transfers of cash and appropriations from
Controlling Board appropriation items to reimburse eligible local
governments and private nonprofit organizations for costs related
to disasters that have been declared by local governments or the
Governor. The Ohio Emergency Management Agency shall publish and
make available an application packet outlining eligible items and
application procedures for entities requesting state disaster
relief. Individuals may be eligible for reimbursement of costs
related to disasters that have been declared by the Governor and
the Small Business Administration. The funding in appropriation
item 763-601, State Disaster Relief, shall be used in accordance
with the principles of the federal Individual and Family Grant
Program, which provides grants to households that have been
affected by a disaster to replace basic living items. The Ohio
Emergency Management Agency shall publish and make available an
application procedure for individuals requesting assistance under
the state Individual Assistance Program.
Section 5.06. ADMINISTRATION
State Highway Safety Fund Group
036 |
766-321 |
|
Operating Expense - Administration |
|
$ |
4,146,125 |
|
$ |
4,233,612 |
830 |
761-603 |
|
Salvage and Exchange - Administration |
|
$ |
21,531 |
|
$ |
22,070 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
4,167,656 |
|
$ |
4,255,682 |
General Services Fund Group
4S3 |
766-661 |
|
Hilltop Utility Reimbursement |
|
$ |
562,100 |
|
$ |
576,153 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
562,100 |
|
$ |
576,153 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
4,729,756 |
|
$ |
4,831,835 |
Section 5.07. DEBT SERVICE
State Highway Safety Fund Group
036 |
761-401 |
|
Lease Rental Payments |
|
$ |
12,157,000 |
|
$ |
12,735,500 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
12,157,000 |
|
$ |
12,735,500 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
12,157,000 |
|
$ |
12,735,500 |
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, 2001, to June 30, 2003, pursuant
to the primary
leases and agreements for 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
Director of Budget and Management, lease capital facilities to the
Department of Public Safety. 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 |
|
$ |
1,750,000 |
|
$ |
1,750,000 |
R27 |
764-608 |
|
Patrol Fee Refunds |
|
$ |
35,000 |
|
$ |
35,000 |
R52 |
762-623 |
|
Security Deposits |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
2,035,000 |
|
$ |
2,035,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Revenue Distribution |
|
$ |
2,035,000 |
|
$ |
2,035,000 |
TOTAL Department of Public Safety
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
375,858,975 |
|
$ |
399,032,946 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,867,275 |
|
$ |
1,936,903 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
8,739,650 |
|
$ |
9,266,891 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
9,479,683 |
|
$ |
8,486,060 |
TOTAL FED Federal Revenue Special |
|
|
|
|
|
|
Fund Group |
|
$ |
15,121,100 |
|
$ |
12,243,504 |
TOTAL AGY Agency Fund Group |
|
$ |
204,400 |
|
$ |
209,510 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,035,000 |
|
$ |
2,035,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
413,306,083 |
|
$ |
433,210,814 |
Section 5.09. TRANSFER OF FUNDS The Director of Budget and Management, pursuant to a plan
submitted by the Department of Public Safety or as otherwise
determined by the director, shall set a monthly cash transfer
schedule
to meet the cash needs of the State Highway Safety Fund
(Fund 036) established in section 4501.06 of the Revised Code,
less all other available cash. 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 cash at such times as determined
by
the transfer schedule. 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 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 |
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 of Budget and Management, shall set a
cash transfer schedule
to meet the cash needs of the Department of
Development's Roadwork Development Fund (Fund 4W0), less any other
available cash. 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 |
|
$ |
401,481 |
|
$ |
426,089 |
052 |
150-701 |
|
Local Transportation Improvement Program |
|
$ |
74,000,000 |
|
$ |
76,000,000 |
TOTAL 052 Local Transportation |
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
74,401,481 |
|
$ |
76,426,089 |
Local Infrastructure Improvements Fund Group
038 |
150-321 |
|
Operating Expenses |
|
$ |
958,456 |
|
$ |
1,016,207 |
TOTAL LIF Local Infrastructure
|
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
958,456 |
|
$ |
1,016,207 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
75,359,937 |
|
$ |
77,442,296 |
DISTRICT ADMINISTRATION COSTS The Director of the Public Works Commission may
create a
district administration costs program and fund the program each
fiscal year from interest earnings of up to $760,000 per fiscal
year, which are credited to both the State Capital Improvements
Fund created in section 164.08 of the Revised Code and the Local
Transportation Improvement Program Fund created in section 164.14
of the Revised Code. This total amount is based upon the total
interest credited to both funds. The district administration
costs program shall be used to pay or reimburse the nineteen
public works districts for the direct costs of district
administration. Districts choosing to participate in the program
shall expend moneys received from interest earnings credited to
the State Capital Improvements Fund only for the direct costs of
district administration of the State Capital Improvements Fund and
moneys received from interest earnings credited to the Local
Transportation Improvement Program Fund only for the direct costs
of district administration of the Local Transportation Improvement
Program Fund. Each public works district may apply to use up to
$40,000 per fiscal year of its district allocations under sections
164.08 and 164.14 of the Revised Code for the direct costs of
district administration as authorized by this section. 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. All capital appropriations from the Local Transportation
Improvement
Program Fund (Fund 052) in Am. Sub. H.B. 163 of the
123rd
General Assembly remaining unencumbered as of June 30, 2001,
are
reappropriated for use during the period July 1, 2001, through
June 30, 2002, for the same purpose. Notwithstanding division (B) of section 127.14 of the Revised
Code, all capital appropriations and reappropriations from the
Local
Transportation Improvement Program Fund (Fund 052) in this
act
remaining unencumbered as of June 30, 2002, are reappropriated
for use during the period July 1, 2002, through June 30, 2003, for
the same purpose, subject to the availability of
revenue as
determined by the Director of the Public Works
Commission.
Section 8. PROVISIONS OF LAW GENERALLY APPLICABLE TO
APPROPRIATIONS Law contained in the main operating appropriations act of the
124th General Assembly that is generally applicable to the
appropriations made in the main operating appropriations act also
is generally applicable to the appropriations made in this act.
Section 9. LEASE PAYMENTS TO OBA AND TREASURER Certain appropriations are in this act for the purpose of
lease
payments to the Ohio
Building Authority or to the Treasurer
of State pursuant to leases and agreements relating to bonds or
notes issued by 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. TRANSPORTATION BUILDING FUND All items set forth in this section are hereby appropriated
out of any moneys in the state treasury to the credit of the
Transportation Building Fund (Fund 029), which is hereby created.
Revenues to the Transportation Building Fund consist of proceeds
of obligations authorized to pay costs of capital facilities as
defined in section 152.09 of the Revised Code for the Department
of Transportation. DOT DEPARTMENT OF TRANSPORTATION
CAP-001 |
|
Transportation Buildings Capital Improvements |
|
$ |
250,000 |
TOTAL Department of Transportation |
|
$ |
250,000 |
TOTAL Transportation Building Fund |
|
$ |
250,000 |
Expenditures from appropriations contained in this section
shall be accounted for as though made in Am. Sub. H.B. 640 of the
123rd General Assembly. The appropriations made in this section
are subject to all provisions of Am. Sub. H.B. 640 of the 123rd
General Assembly that are generally applicable to such
appropriations.
Section 11. STUDY OF ROAD AND BRIDGE FUNDING MANDATES The staff of the Legislative Service Commission, upon the
approval of the Commission, shall conduct a study to: (A) Identify federal and state statutory and administrative
mandates on the use of road and bridge funding available to local
governments; (B) Suggest ways that these mandates could be modified or
lifted to facilitate the most efficient and productive use of the
funding. The emphasis of the study shall be on funding distributed
through the Ohio Department of Transportation. The study also
shall discuss ways that the Department and local officials could
cooperate to implement
"best practices" and other techniques
designed to maximize the productive use of the funds. If approved by the Commission,
the commission staff shall
submit a report on the study to the General Assembly not more than
one year after the effective date of this section.
Section 12. STATE HIGHWAY PATROL FUNDING TASK FORCE (A) There is hereby created the State Highway Patrol Funding
Task Force.
The task force shall study the method of funding the
State Highway Patrol.
The task force shall issue a report of its
findings to the General
Assembly and the Governor on December 2,
2002. The task force
shall include in the report a recommendation
for a direct funding
source for the State Highway Patrol. Upon
issuing its report, the
task force shall cease to exist. (B) The task force shall consist of the following members: (1) Three members of the House of Representatives appointed
by the Speaker of the House, no more than two of whom shall be
from the same political party as the Speaker; (2) Three members of the Senate appointed by the President
of the Senate, no more than two of whom shall be from the same
political party as the President; (3) The Director of Public Safety or the Director's
designee; (4) The Director of Transportation or the Director's
designee; (5) The Tax Commissioner or the Commissioner's designee; (6) Two persons appointed by the Speaker of the House of
Representatives to represent the general public; (7) Two persons appointed by the President of the Senate to
represent the general public; (8) Six members appointed jointly by the Speaker of the
House of Representatives and the President of the Senate, one from
each of six lists of three individuals recommended by the County
Commissioners Association of Ohio, the Ohio Municipal League, the
Ohio Township Association, the County Engineers Association of
Ohio, the Ohio Public Expenditure Council, and the State Highway
Patrol troopers' collective bargaining unit, respectively. A vacancy on the task force shall be filled in the manner
provided for the original appointment. (C) The Speaker of the House of Representatives and the
President of the Senate each shall appoint a co-chairperson of the
task force from among the appointees who are members of their
respective chambers. The co-chairpersons shall call the first
meeting of the task force within thirty days after the last member
is appointed. (D) The Legislative Service Commission shall provide staff
services for the task force.
Section 13. From July 1, 2001, through
June 30, 2003, three
or fewer steel coils are deemed to be a
nondivisible load for
purposes of special permits issued under
section 4513.34 of the
Revised Code, provided that the maximum
overall gross vehicle
weight of the vehicle and load shall not
exceed ninety-two
thousand pounds.
Section 14. During the period from July 1, 2001, through
July 1, 2003, notwithstanding sections 153.65 to 153.71 of the
Revised Code, a county engineer may combine the design and
construction elements of a bridge project, provided that not more
than fifteen bridge projects may be completed using design-build
contracts and the contracts shall not exceed two million dollars
per project. The County Engineers Association of Ohio, in
consultation with the Director of Transportation, shall select the
projects to be completed as a design-build contract under this
section. In completing a design-build bridge project, a county
engineer shall use the process established by the Department of
Transportation for locally administered federal aid projects.
When
required to use competitive bidding, the county engineer
shall
award a design-build contract in accordance with sections
307.86
to 307.92 of the Revised Code. A county engineer may request the Director to review and
comment on the plans for conformance with state and federal
requirements. If so requested, the Director shall review and
comment on the plans.
On or before December 31, 2002, the Director shall prepare
and submit to the General Assembly a report evaluating the
experience of the county engineers with each project and contract
under this section, including whether the county engineers
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 that the Director considers
appropriate. The Director also may make recommendations regarding
the continuation of the program, including the need for any
changes.
Section 15. Not more than ninety days after the effective
date of this section, the Director of Transportation shall issue a
report to the General Assembly addressing all of the following: (A) Ways that the Department of Transportation may increase
the rate of delivery of federally funded local projects; (B) Actions that local project sponsors may use to better
utilize federal funds provided by the Department; (C) Joint agreements the Department may develop with local
governments and the associations representing local governments to
ensure the most effective use of federal funds by local
governments.
Section 16. Except as otherwise specifically provided in this
act, the codified sections of law amended or enacted in this act,
and the items of law of which the codified sections of law amended
or enacted in this act are composed, are subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, the codified
sections of law amended or enacted by this act, and the items of
law of which the codified sections of law as amended or enacted by
this act are composed, take effect on the ninety-first day after
this act is filed with the Secretary of State. If, however, a
referendum petition is filed against any such codified section of
law as amended or enacted by this act, or against any item of law
of which any such codified section of law as amended or enacted by
this act is composed, the codified section of law as amended or
enacted, or item of law, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
Section 17. The repeal by this act of a codified section of
law is subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1c and section 1.471 of the
Revised Code, the repeal by this act of a codified section of law
takes effect on the ninety-first day after this act is filed with
the Secretary of State. If, however, a referendum petition is
filed against any such repeal, the repeal, unless rejected at the
referendum, takes effect at the earliest time permitted by law.
(A
"repeal," as contemplated by this section, does not include a
repeal that is part of a repeal and re-enactment.)
Section 18. Sections 4501.35 and 4509.27 of the Revised Code
as enacted or repealed and re-enacted by this act, and the items
of law of which such sections as enacted or repealed and
re-enacted by this act are composed, are not subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code, such sections as
enacted or repealed and re-enacted by this act, and the items of
law of which such sections as enacted or repealed and re-enacted
by this act are composed, go into immediate effect when this act
becomes law.
Section 19. If the amendment or enactment in this act of a
codified section of law is subject to the referendum, the
corresponding indications in the amending, enacting, or existing
repeal clauses commanding the amendment or enactment also are
subject to the referendum, along with the amendment or enactment.
If the enactment or repeal and re-enactment by this act of a
codified or uncodified section of law is not subject to the
referendum, the corresponding indications in the enacting or
repeal clauses commanding the enactment or repeal and re-enactment
also are not subject to the referendum, the same as the enactment
or repeal and re-enactment.
Section 20. The items in the uncodified sections of law
contained in this act that appropriate money for the current
expenses of state government, earmark this class of
appropriations, or depend for their implementation upon an
appropriation for the current expenses of state government are not
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1d and section 1.471 of the Revised Code,
these items go into immediate effect when this act becomes law.
The items in the uncodified sections of law contained in this
act that appropriate money other than for the current expenses of
state government, earmark this class of appropriations, or do not
depend for their implementation upon an appropriation for the
current expenses of state government are subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, these items take
effect on the ninety-first day after this act is filed with the
Secretary of State. If, however, a referendum petition is filed
against such an item, the item, unless rejected at the referendum,
takes effect at the earliest time permitted by law.
This section is not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code, this section goes into immediate effect when
this act becomes law.
Section 21. An item, other than an amending, enacting, or
repealing clause, that composes the whole or part of an uncodified
section contained in this act has no effect after June 30, 2003,
unless its context clearly indicates otherwise.
Section 22. Section 5501.31 of the Revised Code is amended by
this act and also by Sub. S.B. 295 of the 123rd General Assembly
(effective April 5, 2001). The amendments of Sub. S.B. 295 are
included in this act to confirm the intention to retain them, but
are not intended to be effective until April 5, 2001.
Section 23. If any item of law that constitutes the whole or
part of a codified or uncodified section of law contained in this
act, or if any application of any item of law that constitutes the
whole or part of a codified or uncodified section of law contained
in this act, is held invalid, the invalidity does not affect other
items of law or applications of items of law that can be given
effect without the invalid item of law or application. To this
end, the items of law of which the codified and uncodified
sections contained in this act are composed, and their
applications, are independent and severable.
|