The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 87As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
| |
REPRESENTATIVE Buehrer
(By Request)
A BILL
To amend sections 4501.10, 4503.042, 4503.10, 4503.173, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.75, 4505.09, 4506.08, 4507.23, 4511.04, 4513.52, 4513.53, 5501.20, 5501.34, 5501.45, 5502.02, 5517.011, 5525.20, 5531.10, 5735.29, and 5735.291, to enact sections 4501.21, 5502.39, and 5543.22, and to repeal sections 4501.20, 4501.22, 4501.29, 4501.30, 4501.311, 4501.32, 4501.33, 4501.39, 4501.40, 4501.41, 4501.61, 4501.71, and 4503.251 of the Revised Code to make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2003, and ending June 30, 2005, to provide authorization and conditions for the operation of those programs, and to amend the version of section 4503.10 of the Revised Code that is scheduled to take effect January 1, 2004.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4501.10, 4503.042, 4503.10, 4503.173, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.75, 4505.09, 4506.08, 4507.23, 4511.04, 4513.52, 4513.53, 5501.20, 5501.34, 5501.45, 5502.02, 5517.011, 5525.20, 5531.10, 5735.29, and 5735.291 be amended and sections 4501.21, 5502.39, and 5543.22 of the Revised Code be enacted to read as follows:
Sec. 4501.10. (A) Except as provided in division divisions
(B) and (C) of this section, money received by the department of
public safety from the
sale of motor vehicles and related equipment pursuant to section 125.13 of the
Revised Code shall be transferred to the highway safety salvage and exchange
administration fund or highway safety salvage and exchange highway patrol fund,
as
appropriate. Such funds are hereby created in the state treasury. The money
shall be used only to purchase replacement motor vehicles and related
equipment. All investment earnings of these funds shall be credited to the
funds, respectively. (B) Money received by the department of public safety from the
sale of motor vehicles and related equipment of the bureau of motor vehicles
pursuant to section 125.13 of the Revised Code shall be transferred to the state bureau of
motor vehicles fund created by section 4501.25 of the Revised Code. (C) Money received by the department of public safety investigative unit established under section 5502.13 of the Revised Code from the sale of motor vehicles and other equipment pursuant to section 125.13 of the Revised Code shall be deposited into the public safety investigative unit salvage and exchange fund, which is hereby created in the state treasury. The money in the fund shall be used only to purchase replacement motor vehicles and other equipment for that unit.
Sec. 4501.21. (A) There is hereby created in the state treasury the license plate contribution fund. The fund shall consist of all contributions paid by motor vehicle registrants and collected by the registrar of motor vehicles pursuant to sections 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, and 4503.75 of the Revised Code.
(B) The registrar shall disburse the contributions the registrar collects in the fund as follows:
(1) The registrar shall pay the contributions the registrar receives pursuant to section 4503.50 of the Revised Code to the future farmers of America foundation, which shall deposit the contributions into its general account to be used for educational and scholarship purposes of the future farmers of America foundation.
(2) The registrar shall pay each contribution the registrar receives pursuant to section 4503.51 of the Revised Code to the university or college whose name or marking or design appears on collegiate license plates that are issued to a person under that section. A university or college that receives contributions from the fund shall deposit the contributions into its general scholarship fund.
(3) The registrar shall pay the contributions the registrar receives pursuant to section 4503.55 of the Revised Code to the pro football hall of fame, which shall deposit the contributions into a special bank account that it establishes and which shall be separate and distinct from any other account the pro football hall of fame maintains, to be used exclusively for the purpose of promoting the pro football hall of fame as a travel destination.
(4) The registrar shall pay the contributions the registrar receives pursuant to section 4503.561 of the Revised Code to the state of Ohio chapter of ducks unlimited, inc., which shall deposit the contributions into a special bank account that it establishes. The special bank account shall be separate and distinct from any other account the state of Ohio chapter of ducks unlimited, inc., maintains and shall be used exclusively for the purpose of protecting, enhancing, restoring, and managing wetlands and conserving wildlife habitat. The state of Ohio chapter of ducks unlimited, inc., annually shall notify the registrar in writing of the name, address, and account to which payments are to be made under division (B)(4) of this section.
(5) The registrar shall pay to a sports commission created pursuant to section 4501.32 of the Revised Code each contribution the registrar receives under section 4503.591 of the Revised Code that an applicant pays to obtain license plates that bear the logo of a professional sports team located in the county of that sports commission and that is participating in the license plate program established by section 4501.32 of the Revised Code, irrespective of the county of residence of an applicant.
(6) The registrar shall pay the contributions the registrar receives pursuant to section 4503.67 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.
(7) The registrar shall pay the contributions the registrar receives pursuant to section 4503.68 of the Revised Code to the great river council of the girl scouts of the United States of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the girl scouts.
(8) The registrar shall pay the contributions the registrar receives pursuant to section 4503.69 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.
(9) The registrar shall pay the contributions the registrar receives pursuant to section 4503.71 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the fees into its general account to be used for purposes of the fraternal order of police of Ohio, incorporated.
(10) The registrar shall pay the contributions the registrar receives pursuant to section 4503.711 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the contributions into an account that it creates to be used for the purpose of advancing and protecting the law enforcement profession, promoting improved law enforcement methods, and teaching respect for law and order.
(11) The registrar shall pay the contributions the registrar receives pursuant to section 4503.72 of the Revised Code to the organization known on the effective date of this section as the Ohio CASA/GAL association, a private, nonprofit corporation organized under Chapter 1702. of the Revised Code. The Ohio CASA/GAL association shall use these contributions to pay the expenses it incurs in administering a program to secure the proper representation in the courts of this state of abused, neglected, and dependent children, and for the training and supervision of persons participating in that program.
(12) The registrar shall pay the contributions the registrar receives pursuant to section 4503.73 of the Revised Code to Wright B. Flyer, incorporated, which shall deposit the contributions into its general account to be used for purposes of Wright B. Flyer, incorporated.
(13) The registrar shall pay the contributions the registrar receives pursuant to section 4503.75 of the Revised Code to the rotary foundation, located on the effective date of this section in Evanston, Illinois, to be placed in a fund known as the permanent fund and used to endow educational and humanitarian programs of the rotary foundation.
(C) All investment earnings of the license plate contribution fund shall be credited to the fund. Not later than the first day of May of every year, the registrar shall distribute to each entity described in divisions (B)(1) to (13) of this section the investment income the fund earned the previous calendar year. The amount of such a distribution paid to an entity shall be proportionate to the amount of money the entity received from the fund during the previous calendar year.
Sec. 4503.042. The registrar of motor vehicles shall adopt
rules establishing the date, subsequent to this state's entry
into membership in the international registration plan, when the
rates established by this section become operative. (A) The rates of the taxes imposed by section 4503.02 of
the Revised Code are as follows for commercial cars having a
gross vehicle weight or combined gross vehicle weight of: (1) Not more than two thousand pounds, forty-five dollars; (2) More than two thousand but not more than six thousand
pounds, seventy dollars; (3) More than six thousand but not more than ten thousand
pounds, eighty-five dollars; (4) More than ten thousand but not more than fourteen
thousand pounds, one hundred five dollars; (5) More than fourteen thousand but not more than eighteen
thousand pounds, one hundred twenty-five dollars; (6) More than eighteen thousand but not more than
twenty-two thousand pounds, one hundred fifty dollars; (7) More than twenty-two thousand but not more than
twenty-six thousand pounds, one hundred seventy-five dollars; (8) More than twenty-six thousand but not more than thirty
thousand pounds, three hundred fifty-five dollars; (9) More than thirty thousand but not more than
thirty-four thousand pounds, four hundred twenty dollars; (10) More than thirty-four thousand but not more than
thirty-eight thousand pounds, four hundred eighty dollars; (11) More than thirty-eight thousand but not more than
forty-two thousand pounds, five hundred forty dollars; (12) More than forty-two thousand but not more than
forty-six thousand pounds, six hundred dollars; (13) More than forty-six thousand but not more than fifty
thousand pounds, six hundred sixty dollars; (14) More than fifty thousand but not more than fifty-four
thousand pounds, seven hundred twenty-five dollars; (15) More than fifty-four thousand but not more than
fifty-eight thousand pounds, seven hundred eighty-five dollars; (16) More than fifty-eight thousand but not more than
sixty-two thousand pounds, eight hundred fifty-five dollars; (17) More than sixty-two thousand but not more than
sixty-six thousand pounds, nine hundred twenty-five dollars; (18) More than sixty-six thousand but not more than
seventy thousand pounds, nine hundred ninety-five dollars; (19) More than seventy thousand but not more than
seventy-four thousand pounds, one thousand eighty dollars; (20) More than seventy-four thousand but not more than
seventy-eight thousand pounds, one thousand two hundred dollars; (21) More than seventy-eight thousand pounds, one thousand
three hundred forty dollars. (B) The rates of the taxes imposed by section 4503.02 of
the Revised Code are as follows for buses having a gross vehicle
weight or combined gross vehicle weight of: (1) Not more than two thousand pounds, ten dollars; (2) More than two thousand but not more than six thousand
pounds, forty dollars; (3) More than six thousand but not more than ten thousand
pounds, one hundred dollars; (4) More than ten thousand but not more than fourteen
thousand pounds, one hundred eighty dollars; (5) More than fourteen thousand but not more than eighteen
thousand pounds, two hundred sixty dollars; (6) More than eighteen thousand but not more than
twenty-two thousand pounds, three hundred forty dollars; (7) More than twenty-two thousand but not more than
twenty-six thousand pounds, four hundred twenty dollars; (8) More than twenty-six thousand but not more than thirty
thousand pounds, five hundred dollars; (9) More than thirty thousand but not more than
thirty-four thousand pounds, five hundred eighty dollars; (10) More than thirty-four thousand but not more than
thirty-eight thousand pounds, six hundred sixty dollars; (11) More than thirty-eight thousand but not more than
forty-two thousand pounds, seven hundred forty dollars; (12) More than forty-two thousand but not more than
forty-six thousand pounds, eight hundred twenty dollars; (13) More than forty-six thousand but not more than fifty
thousand pounds, nine hundred forty dollars; (14) More than fifty thousand but not more than fifty-four
thousand pounds, one thousand dollars; (15) More than fifty-four thousand but not more than
fifty-eight thousand pounds, one thousand ninety dollars; (16) More than fifty-eight thousand but not more than
sixty-two thousand pounds, one thousand one hundred eighty
dollars; (17) More than sixty-two thousand but not more than
sixty-six thousand pounds, one thousand two hundred seventy
dollars; (18) More than sixty-six thousand but not more than
seventy thousand pounds, one thousand three hundred sixty
dollars; (19) More than seventy thousand but not more than
seventy-four thousand pounds, one thousand four hundred fifty
dollars; (20) More than seventy-four thousand but not more than
seventy-eight thousand pounds, one thousand five hundred forty
dollars; (21) More than seventy-eight thousand pounds, one thousand
six hundred thirty dollars. (C) In addition to the license taxes imposed at the rates
specified in divisions (A) and (B) of this section, an
administrative fee of two dollars and twenty-five cents, plus an
appropriate amount to cover the cost of postage, shall be
collected by the registrar for each international registration
plan license processed by the registrar. (D) The rate of the tax for each trailer and semitrailer
is twenty-five dollars. (E) In addition to the license taxes and fees imposed in divisions (A), (B), (C), and (D) of this section, the registrar shall collect a fee of five dollars commencing on October 1, 2003, for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. The registrar shall deposit all moneys received under this division into the state highway safety fund established in section 4501.06 of the Revised Code. (F) The rates established by this section shall not apply
to any of the following: (1) Vehicles equipped, owned, and used by a charitable or
nonprofit corporation exclusively for the purpose of
administering chest x-rays or receiving blood donations; (2) Vans used principally for the transportation of
handicapped persons that have been modified by being equipped
with adaptive equipment to facilitate the movement of such
persons into and out of the vans; (3) Buses used principally for the transportation of
handicapped persons or persons sixty-five years of age or older; (4) Buses used principally for the transportation of
persons in a ridesharing arrangement; (5) Transit buses having motor power; (6) Noncommercial trailers, mobile homes, or manufactured
homes.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway motorcycle,
and
all-purpose vehicle required to be
registered under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information: (1) A brief description of the motor vehicle to be
registered, including the name of the manufacturer, the factory
number of the vehicle, the year's model, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code; (2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides; (3) The district of registration, which shall be
determined
as follows: (a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located. (b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application. (4) Whether the motor vehicle is a new or used motor
vehicle; (5) The date of purchase of the motor vehicle; (6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the
current registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required. (7) The owner's social security number, if assigned, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number. The bureau of
motor vehicles shall retain in its records all social security
numbers provided under this section, but the bureau shall not
place social security numbers on motor vehicle certificates of
registration. (B) Each time an applicant first registers a motor
vehicle
in the applicant's name, the
applicant shall present for
inspection a physical
certificate of title or a memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if a physical certificate of title or
memorandum certificate has been issued by a clerk of a court of
common pleas. If, under sections 4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk instead has issued an electronic
certificate of title for the applicant's motor vehicle, that
certificate may be presented for inspection at the time of first
registration in a manner prescribed by rules adopted by the
registrar. When a
motor vehicle inspection and maintenance
program is in effect
under section 3704.14 of the Revised Code and
rules adopted under
it, each application for registration for a
vehicle required to
be inspected under that section and those
rules shall be
accompanied by an inspection certificate for the
motor vehicle
issued in accordance with that section. The
application shall be
refused if any of the following applies: (1) The application is not in proper form. (2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4507.168,
or division (B)(1) of section 4521.10 of the Revised Code. (3) A
certificate of title or memorandum certificate of
title does not
accompany
the application or, in the case of an
electronic certificate of title, is not presented in a manner
prescribed by the registrar's rules. (4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid. (5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable. This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall indicate, by a stamp or
by other means the registrar
prescribes, on the
registration certificate issued upon the first
registration of a
motor vehicle by or on behalf of the owner the
odometer reading
of
the motor vehicle as shown in the odometer
statement included
in
or attached to the certificate of title.
Upon each subsequent
registration of the motor vehicle by or on
behalf of the same
owner, the official also shall so indicate the
odometer reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration. The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C)(1) Commencing October 1, 2003, the registrar and each deputy registrar shall collect an additional fee of five dollars for each application for registration and registration renewal received. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. Each deputy registrar shall transmit the fees collected under division (C)(1) of this section in the time and manner provided in this section. The registrar shall deposit all moneys received under division (C)(1) of this section into the state highway safety fund established in section 4501.06 of the Revised Code. (2) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code. (D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations. (E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued. (F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service. (G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application. (H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section. (I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code. (2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration. (b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration. (J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following: (1) A uniform mileage schedule; (2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the
registrant; (3) Any other information the registrar requires by
rule.
Sec. 4503.173. (A) As used in this section: (1) "Boat trailer" means any trailer designed and used for
the transportation of no more than one watercraft. (2) "Watercraft" means any of the following when used or
capable of being used for transportation on the water: (a) A boat operated by machinery either permanently or
temporarily affixed; (b) A sailboat other than a sailboard; (c) An inflatable, manually propelled boat having a hull
identification number assigned by and meeting the requirements of
the United States coast guard; (3) "Disabled veteran" means a person who falls into any
of the following categories: (a) Has been determined by the United States veterans
administration to be permanently and totally disabled, receives a
pension or compensation from the veterans administration, and
received an honorable discharge from the armed forces of the
United States; (b) Because of a service-connected disability, has been or
is awarded funds for the purchase of a motor vehicle under the
"Disabled Veterans' and Servicemen's Automobile Assistance Act of
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto; (c) Has a service-connected disability rated at one
hundred per cent by the veterans' administration. (4) "Prisoner of war" means any regularly appointed,
enrolled, enlisted, or inducted member of the military forces of
the United States who was captured, separated, and incarcerated
by an enemy of the United States at any time, and any regularly
appointed, enrolled, or enlisted member of the military forces of
Great Britain, France, the Union of Soviet Socialist Republics,
Australia, Belgium, Brazil, Canada, China, Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland, South Africa, or
Yugoslavia who was a citizen of the United States at the time of
the appointment, enrollment, or enlistment, and was captured,
separated, and incarcerated by an enemy of this country during
World War II. (B) Any owner of a boat trailer who is a disabled veteran,
congressional medal of honor awardee, or prisoner of war may
apply to the registrar of motor vehicles for the registration of
the boat trailer without the payment of any registration tax and
service fee as required by sections 4503.02, 4503.10, 4503.102,
and 4503.12 of the Revised Code and without the payment of any
applicable county, township, or municipal motor vehicle license
tax levied under Chapter 4504. of the Revised Code. The
application shall be accompanied by such evidence of disability
or by such documentary evidence in support of a congressional
medal of honor as the registrar requires by rule. The
application for a registration by any person who has been a
prisoner of war shall be accompanied by written evidence in the
form of a record of separation, a letter from one of the armed
forces of the United States or other country as listed in
division (A)(4) of this section, or other evidence as the
registrar may require by rule, that the person was a prisoner of
war and was honorably discharged or is presently residing in this
state on active duty with one of the branches of the armed forces
of the United States, or was a prisoner of war and was honorably
discharged or received an equivalent discharge or release from
one of the armed forces of a country listed in division (A)(4) of
this section. (C) Annually by the fifteenth day of January, the
registrar of motor vehicles shall determine the amount of taxes
and fees exempted from payment under division (B) of this section
and certify the amount to the director of budget and management
for reimbursement. The director shall thereupon transfer the
amount certified from the general revenue fund to the auto
registration distribution fund and the state highway safety fund
in the same proportions as would be the case if the boat trailer
registrations were not exempted from the payment of taxes and
fees under division (B) of this section. Amounts transferred to
the auto registration distribution fund under this division shall
be distributed in the manner provided by section 4501.03 of the
Revised Code.
Sec. 4503.50. (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
future farmers of America license plates. The
application for
future farmers of America 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
future farmers of America 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
on the license plates, future farmers of America
license plates shall be inscribed with
identifying words or markings
representing the future farmers of America and approved by the
registrar. Future farmers of America license
plates shall bear county identification stickers that identify the county of
registration by name or number. (B) The future farmers of America license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon
payment of the regular license 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 future farmers of America 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
future farmers of America license plates is combined with
a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the
license plate and validation sticker shall be issued upon payment
of the contribution, fees, and taxes 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 the registrar receives 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
future farmers of America license plate contribution fund created in
section 4501.40 4501.21 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 pays for the
purpose of compensating the bureau for the additional services
required in the issuing of the applicant's
future farmers of America license plates in
the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
Sec. 4503.51. (A) The owner or lessee of any passenger car, noncommercial
motor
vehicle, recreational vehicle, or vehicle of a class approved by the registrar
of motor vehicles may voluntarily choose to submit
an application to the registrar for registration of such
motor vehicle and for
issuance of collegiate license plates. The request for a collegiate license
plate may be combined with a
request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application for registration of a
vehicle in accordance with any rules adopted under this section
and upon compliance with division (B) of this section, the
registrar shall issue to the applicant appropriate
vehicle registration and a set of collegiate license plates with
a validation sticker, or a validation sticker alone when required
by section 4503.191 of the Revised Code. In addition to the letters and numbers ordinarily inscribed thereon,
collegiate license plates shall be inscribed with the name of a university or
college that
is participating with the registrar in the issuance of collegiate license
plates, or any other identifying marking or design selected by such a
university or college and approved by the registrar. Collegiate license
plates shall bear county identification stickers that identify the county of
registration by name or number. (B) The collegiate license plates and validation sticker
shall be issued upon receipt of a contribution as provided in division (C) of
this section and payment of the regular license fees as
prescribed under section 4503.04 of the Revised Code, any
applicable motor vehicle tax levied under Chapter 4504. of the
Revised Code, a fee not to exceed ten dollars for the purpose of compensating
the bureau of motor vehicles for additional services required in the issuing
of collegiate license plates, and
compliance with all other applicable laws
relating to the registration of motor vehicles, including
presentation of any inspection certificate required to be
obtained for the motor vehicle under section 3704.14 of the
Revised Code. If the application for a collegiate license plate
is combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the Revised Code, the license
plate and validation sticker shall be issued upon payment of the
contribution, fees, and taxes referred to in this division, the additional fee
prescribed
under section 4503.40 or 4503.42 of the Revised Code, and
compliance with all other laws relating to the registration of
motor vehicles, including presentation of any inspection
certificate required to be obtained for the motor vehicle under
section 3704.14 of the Revised Code. (C) The registrar shall collect a contribution of twenty-five dollars for
each
application for
registration and registration renewal notice under this section. The registrar shall transmit this contribution
to the treasurer of state for deposit into the collegiate license plate contribution
fund created by section 4501.20 4501.21 of the Revised Code. The additional fee not
to exceed ten dollars that the applicant for registration voluntarily pays for
the purpose of compensating the bureau for the additional services required in
the issuing of the applicant's collegiate license plates shall be transmitted
into the state treasury to the credit of the state bureau of motor vehicles
fund created in section 4501.25 of the Revised Code. (D) The registrar, in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary for the efficient
administration of the collegiate license plate program. (E) As used in this section, "university or college" means
a state university or college or a private university or college
located in this state that possesses a certificate of
authorization issued by the Ohio board of regents pursuant to
Chapter 1713. of the Revised Code. "University or college" also
includes community colleges created pursuant to Chapter 3354. of
the Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, and state community colleges
created pursuant to Chapter 3358. of the Revised Code.
Sec. 4503.55. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, 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 pro football hall of fame license plates.
The application for pro football hall of fame license plates may
be combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application and compliance with division
(B) of this section, the registrar shall issue to the applicant
the appropriate vehicle registration and a set of pro football
hall of fame license plates with a validation sticker or a
validation sticker alone when required by section 4503.191 of the
Revised Code. In addition to the letters and numbers ordinarily inscribed
thereon, pro football hall of fame license plates shall be
inscribed with identifying words or markings designed by the pro
football hall of fame and approved by the registrar. Pro
football hall of fame plates shall bear county identification
stickers that identify the county of registration by name or number. (B) The pro football hall of fame license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon payment of
the regular license fees as prescribed under section 4503.04 of
the Revised Code, a fee not to exceed ten dollars for the purpose
of compensating the bureau of motor vehicles for additional
services required in the issuing of the pro football hall of fame
license plates, any applicable motor vehicle tax levied under
Chapter 4504. of the Revised Code, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for pro football hall of fame license plates
is combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the Revised Code, the license
plate and validation sticker shall be issued upon payment of the
contribution, fees, and taxes contained in this division and the
additional fee prescribed under section 4503.40 or 4503.42 of the
Revised Code. (C) For each application for registration and registration
renewal under this section, the registrar shall
collect a contribution of fifteen dollars. The registrar shall
transmit this contribution to the treasurer of state for deposit
in the pro football hall of fame license plate contribution fund created in
section 4501.22 4501.21 of the Revised Code. The registrar shall deposit the additional fee not to
exceed ten dollars specified in division (B) of this section that
the applicant for registration voluntarily pays for the purpose
of compensating the bureau for the additional services required
in the issuing of the applicant's pro football hall of fame
license plates in the state bureau of motor
vehicles fund created in section 4501.25 of the Revised Code.
Sec. 4503.561. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, 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
ducks unlimited license plates. The
application for
ducks unlimited 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
ducks unlimited 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
on the license plates, ducks unlimited
license plates shall be inscribed with
identifying words or markings
representing ducks unlimited, inc., and approved by the
registrar. Ducks unlimited license
plates shall bear county identification stickers that identify the county of
registration by name or number. (B) The ducks unlimited
license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon
payment of the regular license 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 ducks unlimited 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
ducks unlimited license plates is combined with
a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the
license plate and validation sticker shall be issued upon payment
of the contribution, fees, and taxes 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 the registrar receives 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
ducks unlimited license plate contribution fund created in
section 4501.33 4501.21 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 pays for the
purpose of compensating the bureau for the additional services
required in the issuing of the applicant's
ducks unlimited license plates in
the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
Sec. 4503.591. (A) If
a professional sports team located in this state desires to have
its logo appear on license plates issued by this state, it shall
enter into a contract with the sports commission to
permit such display, as permitted in divisions (D), (E), and (F) of this section 4501.32 of the
Revised
Code. The owner or lessee of
any passenger car, noncommercial motor vehicle, recreational
vehicle, 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 license plates bearing the logo of a
professional sports team that has entered into such a contract.
The application shall designate the sports team whose logo the
owner or lessee desires to appear on the license plates.
Failure to designate a participating professional sports team
shall result in rejection by the registrar of the registration
application. An application made under this section 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 by the applicant with
divisions (B) and
(C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of license plates bearing the logo of the
professional sports team the owner designated in the application
and 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, professional sports team license plates shall
bear the logo of a participating professional sports team, and
shall display county identification stickers that identify the
county of registration by name or number. (B) The
professional sports team license plates and validation
sticker, or validation sticker alone, as the case may be, shall
be issued upon payment of the regular license tax as prescribed
under section 4503.04 of the
Revised
Code, any applicable motor
vehicle license tax levied under
Chapter 4504. 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 professional
sports team license plates, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for a professional sports team license
plate is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the
Revised
Code, the license plates and
validation sticker, or validation sticker alone, shall be issued
upon payment of the regular license tax as prescribed under
section 4503.04 of the Revised
Code, any applicable motor
vehicle tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of professional
sports team license plates, the additional fee prescribed under
section 4503.40 or 4503.42 of the
Revised
Code, and compliance with all
other applicable laws relating to the registration of motor
vehicles. (C) For each
application for registration and registration renewal notice the
registrar receives under this section, the registrar shall
collect a contribution of twenty-five dollars. The registrar shall
transmit this contribution to the treasurer of state for deposit
into the state treasury for distribution as described in license plate contribution fund created by section
4501.32 4501.21 of the Revised
Code. The registrar shall transmit the additional fee of ten
dollars paid to compensate the bureau for the additional
services required in the issuing of professional sports team
license plates to the treasurer of state for deposit into the
state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the
Revised
Code. (D) If a
professional sports team located in this state
desires to have
its logo appear on license plates issued by this
state, it shall
inform
the largest convention and visitors' bureau
of the county in which
the professional sports team
is located of
that desire. That convention and visitors' bureau
shall create a
sports
commission to operate in that county to receive the
contributions
that are paid by applicants who choose to be issued
license
plates bearing the logo of that professional sports team
for
display on their motor vehicles. The
sports commission shall
negotiate with the professional sports team to permit the
display
of the team's logo on license plates issued by this state, enter
into the contract with the team to permit such display, and pay to
the team
any licensing or rights fee that must be paid in
connection with the issuance
of the license plates. Upon
execution of the contract, the sports commission
shall provide a
copy of it to the registrar of motor vehicles, along with any
other documentation the registrar may require. Upon receipt of
the contract
and any required additional documentation, and when
the numerical requirement
contained in division (A) of section
4503.78
of the Revised
Code has been met relative to that
particular
professional sports team, the registrar shall take the
measures necessary to
issue license plates bearing the logo of
that team. (E) A sports
commission shall expend the money it receives pursuant to section 4501.21 of the Revised Code
to attract amateur regional, national, and
international sporting events
to the municipal corporation,
county, or township in which it is
located, and it may sponsor
such events. Prior to attracting or
sponsoring such events, the
sports commission shall perform an
economic analysis to determine
whether the proposed event will
have a positive economic effect on
the greater area in which the
event will be held. A sports
commission shall not expend any
money it receives under that
section to attract or sponsor an amateur
regional, national, or
international sporting event if its
economic analysis does not
result in a finding that the proposed
event will have a positive
economic effect on the greater area
in which the event will be
held. A sports commission that receives money pursuant to that
section, in
addition to any other duties imposed on it by law and
notwithstanding the
scope
of those duties, also shall encourage
the economic development of this state
through the promotion of
tourism within all areas of this state. A sports
commission that
receives ten thousand dollars or more during any calendar year shall submit a written report to the
director of
development, on or before the first day of
October of
the next succeeding year, detailing
its efforts and expenditures
in the promotion of tourism during the calendar
year in which it
received the ten thousand dollars or more. As used in this division, "promotion of tourism" means the
encouragement
through advertising, educational and informational
means, and public
relations,
both within the state and outside of
it, of travel by persons away from their
homes for pleasure,
personal reasons, or other purposes, except to work, to
this state
or to the region in which the sports commission is located. (F) For purposes of this section: (1) The "largest" convention and visitors'
bureau of a
county is the bureau that receives the largest
amount of money
generated in that county from excise taxes
levied on lodging
transactions under sections 351.021,
5739.08,
and
5739.09 of the
Revised
Code. (2) "Sports commission" means a
nonprofit corporation
organized under the laws of
this state that is entitled to tax
exempt status under section
501(c)(3) of the
"Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501, as amended, and
whose function is to attract, promote, or
sponsor sports and
athletic events within a municipal
corporation, county, or
township. Such a commission shall consist of twenty-one members. Seven
members shall
be appointed by the mayor of the largest city to be
served by the commission.
Seven members shall be appointed by the
board of county commissioners of the
county to be served by the
commission. Seven members shall be appointed by
the largest
convention and
visitors' bureau in the
area to be served
by the
commission. A sports commission may
provide all services
related
to attracting, promoting, or
sponsoring such events,
including,
but not limited to, the
booking of athletes and teams,
scheduling,
and hiring or
contracting for staff, ushers, managers,
and other
persons whose
functions are directly related to the
sports and
athletic events
the commission attracts, promotes, or
sponsors.
Sec. 4503.67. (A) If
the national organization of the boy scouts of America desires to
have
its logo appear on license plates issued by this state, a representative of
the Dan Beard council shall
enter into a contract with the registrar of motor vehicles as provided in
division (D) of this section 4501.41 of the Revised Code. The owner or lessee of
any passenger car, noncommercial motor vehicle, recreational
vehicle, or other vehicle of a class approved by the registrar
may apply to the registrar for the registration of the vehicle
and issuance of license plates bearing the logo of the boy scouts of
America if the council representative
has entered into such a contract. An application made under this section 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 by the applicant with
divisions (B) and
(C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of license plates bearing the logo of the
boy scouts of America
and 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 plates shall
display county identification stickers that identify the
county of registration by name or number. (B) The
boy scouts logo license plates and validation
sticker, or validation sticker alone, as the case may be, shall
be issued upon payment of the regular license tax as prescribed
under section 4503.04 of the
Revised
Code, any applicable motor
vehicle license tax levied under
Chapter 4504. 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 boy scouts
license plates, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for a boy scouts license
plate is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the
Revised
Code, the license plates and
validation sticker, or validation sticker alone, shall be issued
upon payment of the regular license tax as prescribed under
section 4503.04 of the Revised
Code, any applicable motor
vehicle tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of the
plates, the additional fee prescribed under
section 4503.40 or 4503.42 of the
Revised
Code, and compliance with all
other applicable laws relating to the registration of motor
vehicles. (C) For each
application for registration and registration renewal notice the
registrar receives 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
into the state treasury for distribution as described in license plate contribution fund created by section
4501.41 4501.21 of the Revised
Code. The registrar shall transmit the additional fee of ten
dollars paid to compensate the bureau for the additional
services required in the issuing of boy scouts
license plates to the treasurer of state for deposit into the
state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the
Revised
Code. (D) If the national organization of the boy scouts of
America desires to have
its logo appear on license plates issued by this state, a representative of
the Dan Beard council shall
contract with the registrar
to permit the
display of the logo on license plates issued by this state. Upon
execution of the contract, the council
shall provide a copy of it to the registrar, along with any
other documentation the registrar may require. Upon receiving the contract
and any required additional documentation, and when the numerical requirement
contained in division (A) of section 4503.78
of the Revised
Code has been met relative to the boy scouts of
America, the registrar shall take the measures necessary to
issue license plates bearing the logo of the boy scouts of
America.
Sec. 4503.68. (A) If
the national organization of the girl scouts of the United
States of America desires to
have
its logo appear on license plates issued by this state, a representative of
the Great River council shall
enter into a contract with the registrar of motor vehicles as provided in
division (D) of this section 4501.61 of the Revised Code. The owner or lessee of
any passenger car, noncommercial motor vehicle, recreational
vehicle, or other vehicle of a class approved by the registrar
may apply to the registrar for the registration of the vehicle
and issuance of license plates bearing the logo of the girl scouts of
United States of America if the council
representative
has entered into such a contract. An application made under this section 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 by the applicant with
divisions (B) and
(C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of license plates bearing the logo of the
girl scouts of the United States of America
and 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 plates shall
display county identification stickers that identify the
county of registration by name or number. (B) The
girl scouts logo license plates and validation
sticker, or validation sticker alone, as the case may be, shall
be issued upon payment of the regular license tax as prescribed
under section 4503.04 of the
Revised
Code, any applicable motor
vehicle license tax levied under
Chapter 4504. 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 girl scouts
license plates, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for a girl scouts license
plate is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the
Revised
Code, the license plates and
validation sticker, or validation sticker alone, shall be issued
upon payment of the regular license tax as prescribed under
section 4503.04 of the Revised
Code, any applicable motor
vehicle tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of the
plates, the additional fee prescribed under
section 4503.40 or 4503.42 of the
Revised
Code, and compliance with all
other applicable laws relating to the registration of motor
vehicles. (C) For each
application for registration and registration renewal notice the
registrar receives 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
into the state treasury for distribution as described in license plate contribution fund created by section
4501.61 4501.21 of the Revised
Code. The registrar shall transmit the additional fee of ten
dollars paid to compensate the bureau for the additional
services required in the issuing of girl scouts
license plates to the treasurer of state for deposit into the
state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the
Revised
Code. (D) If the national organization of the girl scouts of
the United States of America desires to have
its logo appear on license plates issued by this state, a representative from
the Great River council shall
contract with the registrar
to permit the
display of the logo on license plates issued by this state. Upon
execution of the contract, the council
shall provide a copy of it to the registrar, along with any
other documentation the registrar may require. Upon receiving the contract
and any required additional documentation, and when the numerical requirement
contained in division (A) of section 4503.78
of the Revised
Code has been met relative to the girl scouts of
the United States of
America, the registrar shall take the measures necessary to
issue license plates bearing the logo of the girl scouts of
the United States of America.
Sec. 4503.69. (A) If
the national organization of the eagle scouts desires to
have
its logo appear on license plates issued by this state, a representative of
the Dan Beard council shall
enter into a contract with the registrar of motor vehicles as provided in
division (D) of this section 4501.71 of the Revised Code. The owner or lessee of
any passenger car, noncommercial motor vehicle, recreational
vehicle, or other vehicle of a class approved by the registrar
may apply to the registrar for the registration of the vehicle
and issuance of license plates bearing the logo of the eagle scouts
if the council representative
has entered into such a contract on behalf of the eagle scouts. An
application made under this section 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 by the applicant with
divisions (B) and
(C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of license plates bearing the logo of the
eagle scouts
and 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 plates shall
display county identification stickers that identify the
county of registration by name or number. (B) The
eagle scouts logo license plates and validation
sticker, or validation sticker alone, as the case may be, shall
be issued upon payment of the regular license tax as prescribed
under section 4503.04 of the
Revised
Code, any applicable motor
vehicle license tax levied under
Chapter 4504. 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 eagle scouts
license plates, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for an eagle scouts license
plate is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the
Revised
Code, the license plates and
validation sticker, or validation sticker alone, shall be issued
upon payment of the regular license tax as prescribed under
section 4503.04 of the Revised
Code, any applicable motor
vehicle tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of the
plates, the additional fee prescribed under
section 4503.40 or 4503.42 of the
Revised
Code, and compliance with all
other applicable laws relating to the registration of motor
vehicles. (C) For each
application for registration and registration renewal notice the
registrar receives 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
into the state treasury for distribution as described in license plate contribution fund created by section
4501.71 4501.21 of the Revised
Code. The registrar shall transmit the additional fee of ten
dollars paid to compensate the bureau for the additional
services required in the issuing of eagle scouts
license plates to the treasurer of state for deposit into the
state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the
Revised
Code. (D) If the national organization of the eagle scouts
desires to have
its logo appear on license plates issued by this state, a representative from
the Dan Beard council shall
contract with the registrar
to permit the
display of the logo on license plates issued by this state. Upon
execution of the contract, the council
shall provide a copy of it to the registrar, along with any
other documentation the registrar may require. Upon receiving the contract
and any required additional documentation, and when the numerical requirement
contained in division (A) of section 4503.78
of the Revised
Code has been met relative to the eagle scouts,
the registrar shall take the measures necessary to
issue license plates bearing the logo of the eagle scouts.
Sec. 4503.71. (A) The owner or lessee of any passenger car,
noncommercial
motor vehicle, recreational vehicle, or other vehicle of a class approved by
the registrar of motor vehicles who also is a member in good standing of
the fraternal order of police may apply to the registrar for
the registration of the vehicle and issuance of fraternal order of police
license plates. The application for fraternal order of police 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, presentation by the applicant of the required evidence that the
applicant is a member in good standing of the fraternal order of police, and
compliance by the applicant with this section, the registrar shall issue to
the applicant the appropriate vehicle registration and a set of fraternal
order of police 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,
fraternal order of police license plates shall be inscribed with identifying
words and a symbol or logo designed by the fraternal order of police of
Ohio, incorporated, and approved by the
registrar. Fraternal order of police license plates shall bear county
identification stickers that identify the county of registration by name or
number. Fraternal order of police license plates and validation stickers shall be
issued upon payment of the regular license fee required by section 4503.04 of
the Revised Code, payment of any local motor vehicle
license tax levied under Chapter 4504. of the Revised Code,
payment of a fee of ten dollars, and compliance
with all other
applicable laws relating to the registration of motor vehicles. If the
application for fraternal order of police 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 plates and validation
sticker shall be issued upon payment of the fees and taxes contained in this
section and the additional fee prescribed under section 4503.40 or 4503.42 of
the Revised Code. The fee of ten dollars shall
be for the purpose of compensating the bureau of motor vehicles for additional
services required in the issuing of fraternal order of police license plates,
and shall be transmitted by the registrar to the treasurer of state for
deposit
into the state treasury to the credit of the state bureau of motor vehicles
fund created by section 4501.25 of the Revised Code. (B) For each application for registration and registration
renewal the registrar receives under this section, the registrar shall collect
an additional fee of two dollars. The registrar shall transmit this
additional fee to the treasurer of state for deposit in the fraternal order of
police license plate contribution fund created in section 4501.311 4501.21 of the Revised Code.
Sec. 4503.711. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other
vehicle of a class approved by the registrar of motor vehicles
who is a member in good standing of the fraternal order of
police associates of Ohio, inc., may apply to the registrar for
the registration of the vehicle and issuance of fraternal order
of police associate license plates. The application for
fraternal order of police associate 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, presentation by the
applicant of the required evidence that the applicant is a
member in good standing of the fraternal order of police
associates of Ohio, inc., and compliance with division (B)
of
this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of fraternal order of
police associate 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, fraternal order of police associate license plates
shall be inscribed with identifying words or markings designed
by the fraternal order of police of Ohio, inc., and
approved by the registrar. Fraternal order of police associate
plates shall bear county identification stickers that identify
the county of registration by name and number. (B) The registrar shall issue a set of fraternal order of police
associate license plates with a validation sticker or a validation sticker
alone upon receipt of a
contribution as provided in division (C) of this section and
upon payment of the regular license fees prescribed under
section 4503.04 of the Revised Code, an additional fee of
ten dollars for the purpose of compensating the bureau of motor
vehicles for additional services required in the issuing of the
fraternal order of police associate 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 fraternal order of police associate license
plates is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the Revised Code,
the
license plate and validation sticker shall be issued upon
payment of the contribution, fees, and taxes contained in this
division and the additional fee prescribed under section 4503.40
or 4503.42 of the Revised Code. (C) For each application for registration and registration
renewal the registrar receives 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
fraternal order of police associate license plate contribution fund created
in section 4501.251 4501.21 of the Revised Code. The registrar shall transmit the additional fee of ten dollars specified in
division (B) of this section to the treasurer of state for deposit
into the state treasury to the credit of the state bureau of motor vehicles
fund created by section 4501.25 of the Revised Code.
Sec. 4503.72. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, 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 Ohio court-appointed special
advocate/guardian ad litem license plates. The
application for Ohio court-appointed special advocate/guardian ad
litem 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
Ohio court-appointed special advocate/guardian ad litem 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, Ohio court-appointed special advocate/guardian ad litem
license plates shall be inscribed with
identifying words or markings designed by the board of directors of the
Ohio CASA/GAL association and approved by the
registrar. Ohio court-appointed special advocate/guardian ad litem license
plates shall bear county identification stickers that identify the county of
registration by name or number. (B) The Ohio court-appointed special advocate/guardian
ad litem license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon
payment of the regular license 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 Ohio court-appointed special advocate/guardian ad litem 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 Ohio court-appointed special advocate/guardian ad
litem license plates is combined with
a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the
license plate and validation sticker shall be issued upon payment
of the contribution, fees, and taxes contained in this division
and the additional fee prescribed under section 4503.40 or
4503.42 of the Revised Code. (C) For each application for registration and
registration renewal the registrar receives under this section, the
registrar shall collect a contribution in an amount not to exceed
forty dollars as determined by the board of directors of the Ohio
CASA/GAL association. The registrar shall transmit this contribution
to the treasurer of state for deposit in the Ohio court-appointed special
advocate/guardian ad litem license plate contribution fund created in section 4501.28 4501.21 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 Ohio court-appointed
special advocate/guardian ad litem license plates in
the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
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 contribution fund created in section 4501.39 4501.21 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. 4503.75. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other vehicle of a class
approved by the registrar of motor vehicles who also is a member of the rotary
international may apply to the registrar for the registration of the vehicle
and issuance of rotary international license plates. The application for
rotary international 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, proof of membership in rotary
international as required by the registrar, and compliance with division
(B) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of
rotary international 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, rotary international license plates shall be inscribed with
identifying words or markings representing the international rotary and
approved by the registrar. Rotary international license plates shall bear
county identification stickers that identify the county of registration by
name or number. (B) The rotary international license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon
payment of the regular license 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 rotary international 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
rotary international license plates is combined with
a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the
license plate and validation sticker shall be issued upon payment
of the contribution, fees, and taxes contained in this division
and the additional fee prescribed under section 4503.40 or
4503.42 of the Revised Code. (C) For each application for registration and
registration renewal the registrar receives 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
rotary international license plate contribution fund created in section 4501.29 4501.21 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
rotary international license plates in
the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
Sec. 4505.09. (A)(1) The clerk of
a court of common pleas
shall charge a fee of five dollars for each certificate of title
that is not applied for within thirty days after the assignment
or
delivery of the motor vehicle described
in it. The
fees
shall be retained by the clerk. (2) In addition to those fees any fee charged under division (A)(1) of this section, the clerk shall charge a fee of
five dollars for each certificate of title, duplicate
certificate
of title, memorandum certificate of title,
authorization to
print
a non-negotiable
evidence of ownership described in division (G)
of section 4505.08 of
the Revised Code, non-negotiable evidence
of ownership printed by the clerk under division (H) of that
section, and
notation of any lien
on a certificate of title.
The
clerk shall
retain two dollars
and
twenty-five cents of the
fee
charged for
each certificate of
title, four dollars and
seventy-five cents of
the fee charged for
each duplicate
certificate of
title, all of the fees charged for
each
memorandum certificate, authorization to print a
non-negotiable
evidence of ownership, or non-negotiable evidence of ownership
printed by the clerk,
and four dollars and
twenty-five cents of
the fee charged for
each notation of a lien. The remaining two dollars and seventy-five cents charged
for
the certificate of title, the remaining twenty-five cents
charged
for the duplicate certificate of title, and the
remaining
seventy-five cents charged for the notation of any lien
on a
certificate of title shall be paid to the registrar of motor
vehicles by monthly returns, which shall be forwarded to the
registrar not later than the fifth day of the month next
succeeding that in which the certificate is issued or that in
which the registrar is notified of a lien or cancellation
of a
lien. (3) In addition to the fees charged under divisions (A)(1) and (2) of this section, commencing on October 1, 2003, the clerk shall charge a fee of fifteen dollars for each certificate of title, duplicate certificate of title, and notation of any lien on a certificate of title. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. The clerk shall pay these fees to the registrar by monthly returns, which shall be forwarded to the registrar not later than the fifth day of the month next succeeding that in which the title is issued or that in which the registrar is notified of a lien or cancellation of a lien. The registrar shall deposit all moneys received under division (A)(3) of this section into the state highway safety fund established in section 4501.06 of the Revised Code. (B)(1) The Of the amounts received under division (A)(2) of this section, the registrar shall pay twenty-five cents of the
amount received for each certificate of title and all of the
amounts received for each notation of any lien and each duplicate
certificate of title into the state bureau of motor vehicles
fund
established in section 4501.25 of the Revised Code. (2) Fifty cents of the amount received under division (A)(2) of this section for each
certificate
of title shall be paid by the registrar as follows: (a) Four cents shall be paid into the state treasury to
the
credit of the motor vehicle dealers board fund, which is
hereby
created. All investment earnings of the fund shall be credited to
the
fund. The moneys in the motor vehicle dealers board fund
shall be used by the
motor vehicle dealers board created under
section 4517.30 of the Revised Code,
together
with other moneys
appropriated to it, in the exercise of
its powers and
the
performance of its duties under Chapter 4517. of the Revised Code,
except
that the director of budget and management may transfer
excess money from the
motor vehicle dealers board fund to the
bureau of motor vehicles fund if the
registrar determines that
the
amount of money in the motor vehicle dealers
board fund,
together
with other moneys appropriated to the
board, exceeds
the
amount
required for the exercise of its powers and the
performance of its
duties under Chapter 4517. of the Revised Code
and requests the
director to
make the transfer. (b) Twenty-one cents shall be paid into the general
revenue
fund. (c) Twenty-five cents shall be paid into the state
treasury
to the credit of the motor vehicle sales audit fund,
which is
hereby created. The moneys in the fund shall be used by
the tax
commissioner together with other funds available
to the
commissioner to conduct a continuing investigation of
sales and
use tax returns
filed for motor vehicles in order to determine if
sales and use
tax liability has been satisfied. The commissioner
shall refer
cases of apparent violations of section 2921.13 of
the
Revised
Code made in connection with the titling or sale of
a
motor
vehicle and cases of any other apparent violations of
the
sales
or use tax law to the appropriate county prosecutor
whenever
the
commissioner considers it advisable. (3) Two dollars of the amount received by the registrar under division (A)(2) of this section for
each certificate
of title shall be paid into the state treasury
to
the credit of the automated
title processing fund, which is
hereby
created and which shall consist of
moneys collected under
division
(B)(3) of this section and under
sections 1548.10 and
4519.59 of
the Revised Code. All
investment
earnings of the
fund shall be
credited to the fund. The moneys in the fund shall
be used as
follows: (a) Except for moneys collected under section 1548.10 of the
Revised Code
and as provided in division (B)(3)(c) of this
section,
moneys collected under division (B)(3) of this
section
shall be used to
implement and maintain an automated title
processing system for
the issuance of motor vehicle, off-highway
motorcycle, and
all-purpose vehicle certificates of title in the
offices of the clerks of the courts of common pleas. (b) Moneys collected under section 1548.10 of the Revised
Code shall be used
to issue marine certificates of title in the
offices of the clerks of the
courts of common pleas as provided
in
Chapter 1548. of the Revised
Code. (c)
Moneys collected under division (B)(3) of this
section
shall be used in accordance with
section 4505.25 of the
Revised
Code to implement Sub. S.B. 59 of the 124th general
assembly. (C)(1) The automated title processing board is hereby
created consisting of the registrar or the registrar's
representative, a
person selected by the registrar, the president
of the Ohio
clerks of court association or the president's
representative, and two clerks
of courts of common pleas
appointed
by the governor. The
director of budget and
management or the
director's
designee, the chief of
the
division of watercraft in
the department of natural resources
or
the chief's designee, and
the tax commissioner or
the
commissioner's designee shall
be
nonvoting members of the board. (2) The automated title processing board shall determine
each of the following: (a) The automated title processing equipment and
certificates of title requirements for each county; (b) The payment of expenses that may be incurred by the
counties in implementing an automated title processing system; (c) The repayment to the counties for existing title
processing equipment. (3) The registrar shall purchase, lease, or otherwise
acquire any automated title processing equipment and certificates
of title that the board determines are necessary from moneys in
the automated title processing fund established by division
(B)(3)
of this section. Each county issuing more than one
hundred
thousand certificates of title annually, with the
approval of the
registrar and in accordance with the registrar's
requirements, may
purchase and maintain an automated title
processing
system for the
issuance of motor vehicle titles,
certificates of
title for
off-highway motorcycles and
all-purpose vehicles, and
certificates
of title for
watercraft
and outboard motors with the cost of
the
system paid for from
the automated processing title fund. (D) All counties shall conform to the requirements of the
registrar regarding the operation of their automated title
processing system for motor vehicle titles, certificates of title
for off-highway motorcycles and all-purpose vehicles, and
certificates of title for
watercraft and outboard motors.
Sec. 4506.08. (A) Each application for a commercial
driver's license temporary instruction permit shall be
accompanied
by a fee of ten dollars; except as provided in
division (B) of
this section, each application for a commercial
driver's license,
restricted commercial driver's license, or
renewal of such a
license shall be accompanied by a fee of twenty-five
dollars; and
each application for a duplicate commercial driver's
license shall
be accompanied by a fee of ten dollars. In addition, the
registrar of motor vehicles or deputy registrar may collect and
retain
an additional fee of no more than
two dollars and
seventy-five cents
commencing on July 1, 2001, three
dollars and
twenty-five cents commencing on January 1, 2003, and
three dollars
and fifty cents commencing on January 1, 2004, for
each
application for a commercial driver's license temporary
instruction permit,
commercial driver's license, renewal of a
commercial driver's license, or
duplicate commercial
driver's
license received by the registrar or deputy. No
fee shall be
charged for the annual
issuance of a waiver for farm-related
service industries pursuant
to section 4506.24 of the Revised
Code. Each deputy registrar shall transmit the fees collected to
the registrar at the time and in the manner
prescribed by the
registrar by rule. The registrar shall pay the
fees into the
state highway safety fund established in section
4501.06 of the
Revised Code. (B) In addition to the fees imposed under division (A) of this section, the registrar of motor vehicles or deputy registrar shall collect a fee of five dollars commencing on October 1, 2003, for each application for a commercial driver's license temporary instruction permit, commercial driver's license, renewal of a commercial driver's license, or duplicate commercial driver's license received by the registrar or deputy. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. Each deputy registrar shall transmit the fees collected under division (B) of this section in the time and manner prescribed by the registrar. The registrar shall deposit all moneys received under division (B) of this section into the state highway safety fund established in section 4501.06 of the Revised Code. (C) Information regarding the driving record of any person
holding a commercial driver's license issued by this state shall
be furnished by the registrar, upon request and payment of a fee
of three dollars, to the employer or prospective employer of such
a person and to any insurer.
Sec. 4507.23. (A) Except as provided in division (H)(I)
of
this section, each application for a temporary
instruction permit
and examination shall be accompanied by a fee
of four dollars. (B) Except as provided in division
(H)(I) of this section, each
application for a driver's license made
by a person who previously
held such a license and whose license has
expired not more than
two years prior to the date of application,
and who is required
under this chapter to give an actual
demonstration of the person's
ability to drive, shall be
accompanied by a
fee of three dollars
in addition to any other fees. (C) Except as provided in divisions (E) and (H)(I) of this
section, each application for a driver's license, or motorcycle
operator's
endorsement, or renewal of a driver's license shall be
accompanied by a fee of six dollars. Except as provided in
division (H)(I) of this section, each application for a
duplicate
driver's license shall be accompanied by a fee of two
dollars and
fifty cents. The duplicate driver's licenses issued
under this
section shall be distributed by the deputy registrar
in accordance
with rules adopted by the registrar of motor
vehicles. (D) Except as provided in division (H)(I) of this
section, each
application for a motorized bicycle license or
duplicate thereof
shall be accompanied by a fee of two dollars and
fifty cents. (E) Except as provided in division (H)(I) of this
section, each
application for a driver's license or renewal of
a driver's
license that will be issued to a person who is less
than
twenty-one years of age shall be accompanied by whichever of
the
following fees is applicable: (1) If the person is sixteen years of age or older, but
less
than seventeen years of age, a fee of seven dollars and
twenty-five cents; (2) If the person is seventeen years of age or older, but
less than eighteen years of age, a fee of six dollars; (3) If the person is eighteen years of age or older, but
less than nineteen years of age, a fee of four dollars and
seventy-five cents; (4) If the person is nineteen years of age or older, but
less than twenty years of age, a fee of three dollars and fifty
cents; (5) If the person is twenty years of age or older, but
less
than twenty-one years of age, a fee of two dollars and
twenty-five
cents. (F) Neither the registrar nor any deputy registrar shall
charge a fee in excess of one dollar and fifty cents for
laminating a driver's license, motorized bicycle license, or
temporary instruction permit identification cards as
required by
sections 4507.13 and
4511.521 of the Revised Code. A
deputy
registrar laminating a
driver's license, motorized
bicycle
license, or temporary
instruction permit identification cards
shall retain the entire amount of the fee
charged
for lamination,
less the actual cost to the registrar of
the
laminating materials
used for that lamination, as specified in
the contract executed by
the bureau for the laminating materials
and laminating equipment.
The deputy registrar shall forward the
amount of the cost of the
laminating materials to the registrar
for deposit as provided in
this section. (G) Except as provided in division (I) of this section, commencing on October 1, 2003, each transaction described in divisions (A), (B), (C), (D), and (E) of this section shall be accompanied by an additional fee of five dollars. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. (H) At the time and in the manner provided by section
4503.10 of the Revised Code, the deputy registrar shall transmit
the fees collected under divisions (A), (B), (C), (D), and (E),
and those portions of the fees specified in and collected under
division (F), and the additional fee under division (G) of this section to the registrar. The registrar
shall pay two dollars and fifty cents of each fee collected under
divisions
(A), (B), (C), (D), and (E)(1) to (4) of this
section,
and the entire fee collected under division (E)(5)
of this
section, into the state highway safety fund
established in section
4501.06 of the Revised Code, and such fees shall be
used for the
sole purpose of supporting driver licensing activities. The registrar also shall pay the entire fee collected under division (G) of this section into the state highway safety fund. The
remaining fees collected by the registrar under this section shall
be paid
into the state bureau of motor vehicles fund established
in section 4501.25 of
the Revised Code. (H)(I) A disabled veteran who has a
service-connected
disability rated at one hundred per cent by
the veterans'
administration may apply to the registrar or a
deputy registrar
for the issuance to that veteran, without the
payment of any fee
prescribed in this section, of any of the
following items:
(1) A temporary instruction permit and examination; (2) A new, renewal, or duplicate driver's or
commercial
driver's license; (3) A motorcycle operator's endorsement; (4) A motorized bicycle license or duplicate thereof; (5) Lamination of a driver's license, motorized bicycle
license, or temporary instruction permit identification card as
provided in division (F) of this section, if the
circumstances
specified in division (H)(I)(5) of this section are
met. If the driver's license, motorized bicycle license, or
temporary instruction permit identification card of a
disabled
veteran described in division (H)(I) of this
section is
laminated by
a deputy registrar who is acting as a deputy
registrar
pursuant to
a contract with the registrar that is in
effect on
October 14,
1997,
the
disabled veteran
shall be required to pay the
deputy
registrar
the lamination fee
provided in division
(F) of this
section. If
the driver's license, motorized bicycle license, or
temporary instruction permit
identification card of such a
disabled veteran is laminated by a
deputy registrar who is acting
as a deputy registrar pursuant to a
contract
with the registrar
that is executed after
October 14, 1997,
the disabled veteran is
not required to pay the
deputy registrar the
lamination fee
provided in division (F) of
this
section. A disabled veteran whose driver's license, motorized
bicycle
license, or temporary instruction permit identification
card is
laminated by the registrar is not required to
pay the
registrar
any lamination
fee. An application made under division (H)(I) of this section shall
be
accompanied by such documentary evidence of disability as the
registrar may require by rule.
Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to 4511.78, inclusive, section 4511.99, and
sections 4513.01 to 4513.37, inclusive, of the Revised Code do not apply to
persons, teams, motor vehicles, and other equipment while actually engaged in
work upon the surface of a highway within an area designated by traffic
control
devices, but apply to such persons and vehicles when traveling to or from such
work. (B) The drivers driver of snow plows, traffic line strippers, road sweepers,
mowing
machines, tar distributing vehicles, and other vehicles utilized
in snow and
ice removal or road surface a highway maintenance vehicle owned by this state or any political subdivision of this state, while the driver is engaged in work
the performance of official duties upon a street or highway,
provided such vehicles are the highway maintenance vehicle is equipped with flashing lights and such
other
markings as are required by law, and such lights are in operation
when the
vehicles driver and vehicle are so engaged, shall be exempt from criminal prosecution
for
violations of sections 4511.22, 4511.25, 4511.26, 4511.27,
4511.28, 4511.30,
4511.31, 4511.33, 4511.35, and 4511.66, 4513.02, and 5577.01 to 5577.09 of the Revised Code. Such
exemption
shall not apply to such drivers when their vehicles are not so
engaged. This (C)(1) This
section shall does not exempt a driver of such equipment a highway maintenance vehicle from civil
liability
arising from the a violation of sections section 4511.22, 4511.25, 4511.26,
4511.27, 4511.28,
4511.30, 4511.31, 4511.33, 4511.35, and 4511.66, or 4513.02 or sections 5577.01 to 5577.09 of the Revised
Code.
(2) This section does not exempt the driver of a vehicle that is engaged in the transport of highway maintenance equipment from criminal liability for a violation of sections 5577.01 to 5577.09 of the Revised Code.
(D) As used in this section, "highway maintenance vehicle" means a vehicle used in snow and ice removal or road surface maintenance, including a snow plow, traffic line striper, road sweeper, mowing machine, asphalt distributing vehicle, or other such vehicle designed for use in specific highway maintenance activities.
Sec. 4513.52. (A) The department of public safety, with the
advice of the public utilities commission, shall adopt and enforce rules relating to the inspection of
buses to determine whether a bus is safe and lawful, including whether its equipment is in proper
adjustment or repair. (B) The rules shall determine the safety features, items of
equipment, and other safety-related conditions subject to inspection. The rules may authorize the
state highway patrol to operate safety inspection sites, or to
enter in or upon the property of any bus operator to conduct the
safety inspections, or both. The rules also shall establish a
fee, not to exceed one two hundred dollars, for each bus inspected. (C) The state highway patrol shall conduct the bus safety
inspections at least on an annual basis. An inspection conducted under this section is valid for
twelve months unless, prior to that time, the bus fails a subsequent inspection or ownership of the
bus is transferred. (D) The state highway patrol shall collect a fee for each bus
inspected. (E) Upon determining that a bus is in safe operating condition,
that its equipment is in proper adjustment and repair, and that it is otherwise lawful, the inspecting
officer shall do both of the following: (1) Affix an official safety inspection decal to the outside
surface of each side of the bus; (2) Issue the owner or operator of the bus a safety inspection
report, to be presented to the registrar or a deputy registrar upon
application for registration of the bus.
Sec. 4513.53. (A) The superintendent of the state highway
patrol, with approval of the director of public safety, may
appoint and maintain necessary staff to
carry out the inspection of buses. (B) The superintendent of the state highway patrol shall adopt a
distinctive annual safety inspection decal bearing the date of inspection.
The state highway patrol
may remove any decal from a bus that fails any inspection. (C) Fees collected by the state highway patrol shall be paid into
the state treasury to the credit of the general revenue fund. Annually by the first day of June, the director of public safety shall determine the amount of fees collected under section 4513.52 of the Revised Code and shall certify the amount to the director of budget and management for reimbursement. The director of budget and management then may transfer cash up to the amount certified from the general revenue fund to the state highway safety fund.
Sec. 5501.20. (A) As used in this section: (1) "Career professional service" means that part of the
competitive classified service that consists of employees of the
department of transportation who, regardless of job
classification, meet both
of the following qualifications: (a) They are supervisors, professional employees who are not
in a
collective bargaining unit, confidential
employees, or
management level employees, all as defined in section
4117.01 of
the Revised Code. (b) They exercise
authority that is not merely routine or
clerical in nature and
report only to a higher level unclassified
employee or employee
in the career professional service. (2) "Demoted" means that an employee is placed in a position
where the
employee's wage rate equals, or is not more than twenty
per cent less than,
the employee's wage rate immediately prior to
demotion or where the employee's
job responsibilities are reduced,
or both. (3) "Employee in the career professional service with
restoration rights" means an
employee in the career professional
service who has been in the
classified civil service for at least
two years and who has a cumulative total
of at least ten years of
continuous service with the department of
transportation. (B) Not later than the
first day of July of each
odd-numbered year, the director of transportation shall adopt a
rule in accordance with section 111.15 of the Revised Code
that
establishes a business plan for the department of transportation
that states
the department's mission, business objectives, and
strategies
and that establishes a procedure by which employees in
the
career professional service will be held accountable for
their
performance. The director shall adopt a rule that establishes a
business plan for the department only once in each two
years.
Within sixty days after the effective date
of a rule that
establishes a business plan for the department, the director
shall
adopt a rule in accordance with
section 111.15 of the Revised Code
that identifies specific
positions within the department of
transportation that are
included in the career professional
service. The director may amend the rule
that identifies the
specific positions included in the career professional
service
whenever the
director determines necessary.
Any rule adopted
under this division is
subject to review and invalidation by the
joint
committee on agency rule
review as provided in division (D)
of section
111.15 of the Revised Code. The director shall provide
a
copy of
any rule adopted under this division to the director of
budget and
management. Except as otherwise provided in this section, an
employee in
the career professional service is subject
to the provisions of
Chapter 124. of the Revised
Code that
govern employees in the
classified civil service. (C) After an employee is appointed to a
position in the
career professional service, the employee's direct supervisor
shall provide the
employee appointed to that position with a
written performance action plan
that describes the department's
expectations for that employee in fulfilling
the mission, business
objectives, and strategies stated in the department's
business
plan. No sooner than four months after being appointed to a
position in
the career professional service, an employee appointed
to that position shall
receive a written performance
review based
on the employee's fulfillment of the mission,
business objectives,
and strategies stated in the department's
business plan. After
the initial performance review, the employee shall
receive a
written performance review at least once each year or as often as
the director considers necessary. The department shall give an
employee
whose
performance is unsatisfactory an opportunity to
improve
performance for a period of at least six months, by means
of a
written corrective action plan, before the department takes
any
disciplinary action under this section or section 124.34 of
the
Revised Code. The department shall base its performance
review forms on its business plan. (D) An employee in the career professional
service may be
suspended, demoted, or removed because of
performance that hinders
or restricts the fulfillment of the
department's business plan or
for disciplinary reasons under section 124.34 or
124.57 of the
Revised Code. An employee in the career
professional service may
appeal only the employee's removal to the state personnel board
of
review.
An employee in the
career professional service may appeal
a demotion or a
suspension of more than three days pursuant to
rules the
director adopts in accordance with section 111.15 of the
Revised
Code. (E) An employee in the career professional
service with
restoration rights
has restoration rights if demoted because of
performance that hinders or
restricts fulfillment of the mission,
business objectives, or strategies
stated in the department's
business plan, but not
if involuntarily demoted or removed for any
of the reasons described in
section 124.34 or for a violation of
section
124.57 of the Revised
Code.
The director shall demote an employee
who has restoration rights of that nature to a
position in the
classified service that in the director's judgment is similar
in
nature to the position the employee held
immediately prior to
being appointed to the position in the career
professional
service. The director shall assign to an employee who is
demoted
to a position in the classified service as provided in this
division
a wage rate that equals, or that is not more than twenty
per cent less than,
the wage rate assigned to the employee in the
career professional service
immediately prior to the employee's
demotion. (F) This section establishes a
pilot program for employees
in the
career professional service of the department of
transportation. At the end of each fiscal biennium that this
program is in
effect, the
director of transportation shall prepare
a report describing and
evaluating the operation of the program
and forward a copy of
the report to the governor, director of
administrative services, speaker
of the house of representatives,
and president of the senate.
(G) No person shall be appointed to a position in the career
professional service of the
Department
of
Transportation after
June
30, 2003, including for the purpose of filling a vacancy
within the career
professional service that occurs for any reason.
Sec. 5501.34. (A) In the event that If circumstances alter the
highway requirements after the director of transportation has
acquired property so that
the real property, or part thereof, of the real property is
no longer required for highway
purposes, the director, in the name
of the state, may
sell all the right, title, and interest of the
state in any of the real
property. After
determining that
a
parcel of real property is no longer required
for highway
purposes, the director shall have the parcel appraised by
a
department prequalified appraiser. (B) Except as otherwise provided in this section, the
director
shall advertise the sale of real property that is no
longer required for
highway purposes in
a newspaper of general
circulation in
the county in which the real property is situated
for at
least two
consecutive weeks prior to the date set for the
sale. The
real property may be sold at public auction to the
highest
bidder
for not less than two-thirds of its appraised
value,
but the director may reject all bids that are less than the
full appraised
value of the real property. However, if no sale has
been
effected after an
effort to sell under this
division, the
director may set aside the
appraisal, order a
new appraisal,
and, except as otherwise provided in
this
section, readvertise the
property for sale. (C) If real property no longer required for
highway
purposes is
appraised or reappraised as
having a current fair
market value of twenty thousand
dollars
or
less, the director may
sell the real property to the sole
abutting owner
through a
private sale at a price not less than the appraised
value. If
there is more than one abutting owner, the director
may invite all
of the abutting owners to submit sealed bids and
may sell the
real
property to the highest bidder at not
less than its
appraised
value. (D) If real property no longer required for
highway
purposes is appraised or reappraised as having a fair
market value
of two thousand dollars or less, and no sale has been
effected
after an effort to sell to the abutting owner or owners, the
director may advertise the sale of such the real
property in
accordance with division (B) of this section. The
director may
sell the land at public auction to
the highest bidder without
regard to its appraised value, but the director
may reject all
bids that are less than the full appraised value of the real
property. (E) The department shall pay all expenses incurred in the
sale of
a parcel of real property out of the proceeds of the sale
and shall deposit
the balance of the proceeds in the
highway fund
used to acquire that parcel of real property. (F) Upon a determination that real property previously
acquired
within a highway improvement project corridor no longer
is needed for highway
purposes, the director may offer the
unneeded property to another landowner located within that
project's corridor as full or partial consideration for other real
property to be acquired from the landowner. If the landowner
accepts the offer, the director shall convey the unneeded property
directly to the landowner at the full fair market value determined
by the department by appraisal. The director shall credit the
value of the
unneeded property against the acquisition price of
the property
being acquired by the department, and the landowner
shall pay the
department the difference if the value of the
unneeded property
exceeds the acquisition price of the property
being acquired. (G) Conveyances of real property under this
section shall
be by a deed executed by the
governor, shall bear bearing the great seal of
the state of Ohio, and shall be
in the form as prescribed by the
attorney general. Section The requirements of section
5301.13 of the Revised Code, relating
to the sale for conveyances of public
lands, shall that are contrary to the requirements of this section do not apply to conveyances made
pursuant to under this
section. The director shall keep a record of all
such
conveyances of real property made under this section. This section applies to all real property
acquired by the
department, regardless of how or from whom the
property was acquired.
Sec. 5501.45. (A) The director of transportation may convey
or
transfer the fee simple estate or any lesser estate or interest
in, or permit the use of, for such a period as the director
shall
determine, any lands owned by the state and acquired or used for
the
state highway system or for highways or in connection with
highways or
as incidental to the acquisition of land for highways,
provided
that the director determines, after consulting with the
director of
natural resources,
that the property or interest
conveyed or made subject to a
permit to use is not needed by the
state for highway or
recreation purposes. Such The conveyance,
transfer, or permit to use
may be to the grantee or permittee or
to the grantee or permittee
and the grantee's or its successors
and assigns and shall be
of such
portion of such lands as the
director shall determine, which
shall be described in the deed,
transfer, or other instrument or
conveyance and in any permit to
use, and may include or be
limited to areas or space on, above, or
below the surface, and
also may include the grant of easements or
other interests in any such
lands for use by the grantee for
buildings or structures or for
other uses and purposes, and for
the support of buildings or
structures constructed or to be
constructed on or in the lands or
areas or space conveyed or made
subject to a permit to use. (B) Whenever, pursuant to this section, separate units of
property are created in any lands, each unit shall for all
purposes constitute real property and, shall be deemed real estate
within the meaning of all provisions of the Revised Code, and
shall be
deemed to be a separate parcel for all purposes of
taxation and
assessment of real property, and no. No other unit or
other part of
such the lands shall be charged with the payment of
such the taxes and
assessments. (C) With respect to any portion of the state highway system
not
owned in fee simple by the state, the director may permit the
use
of any portion thereof in perpetuity or for such a period of
time
as the director shall specify, including areas or space on,
above, or
beneath the surface, together with rights for the
support of
buildings or structures constructed or to be
constructed thereon
or therein, provided that the director
determines that the
portion made subject to a right to use is not
needed by the state for highway
purposes. (D) The director shall require, as either a condition
precedent
or a condition subsequent to any conveyance, transfer,
or grant
or permit to use, that the plans and specifications for
all such
buildings or structures and the contemplated use thereof,
be
approved by the director as not interfering with the use of
the
state
highway system and not unduly endangering the public. The
director may
require such indemnity agreements in favor of the
director and the public as shall be lawful and as shall be deemed
necessary by
the director. The director shall not unreasonably
withhold
approval of such plans, specifications, and contemplated
use. (E)(1) All such conveyances, transfers, grants, or permits
to use
that are made under this section to state institutions, agencies, commissions, or
instrumentalities, to political subdivisions, or to taxing districts of
the state, and to institutions receiving financial assistance from
the state, or to the federal government shall be upon such the consideration as shall be
determined
by the director determines to be fair and reasonable, without
competitive
bidding, and sections 5301.13 and 5515.01 of the
Revised Code,
relating to the sale or use of public lands shall
not apply to
conveyances, grants, transfers, or permits to use
made pursuant to
this division. An A conveyance, transfer, or grant shall be by deed or, if a statutory dedication of public roads is included, by plat; shall be executed by the director; and shall be in the form prescribed by the attorney general. (2) An institution receiving
financial assistance
from the state shall provide the director with acceptable
documentary evidence of the state loan, grant, or other state
financial
assistance.
(2)(3) Any provision of section 5301.13 of the Revised Code that is contrary to a provision of this division does not apply to a conveyance, transfer, or grant made under this section.
(4) The director shall keep a record of all conveyances, transfers, grants, or permits to use made under this section. (5) As used in this division, "institution receiving
financial
assistance from the state" includes any public or
private organization,
especially one of a charitable, civic, or
educational character, in receipt of
a state loan, grant, or other
type of state financial assistance. (F) Except as provided in division (E) of this section,
all
conveyances, transfers, grants, or
permits to use that are made to private
persons, firms,
or
corporations shall be
conducted in
accordance
with the procedure set forth in section
5501.311 or 5501.34 of
the
Revised Code, as applicable. (G) In any case where the director has acquired or acquires,
for the state highway system, easements in or permits to use
areas
or space on, above, or below the surface, the director
may
extinguish them in whole or in part or subordinate them to uses by
others,
provided that the director determines that the easements
or permit
to use so extinguished
or subordinated are not needed by
the state for highway purposes. The
director shall make any
extinguishments to the current underlying fee owner of
record at
no cost. (H) No conveyance, transfer, easement, lease, permit, or
other
instrument executed pursuant to the authorization given by
this
section shall prejudice any right, title, or interest in any
lands affected thereby which at the date thereof existed in any
person, firm, or corporation, other than the state and other than
members of the general public having no specific rights in said those
lands, unless the right, title, or interest was expressly
subject
to the right of the state to make such the conveyance or
transfer,
grant such the right, or execute such the instrument, and
unless the state
by such that instrument expressly exercises such that
right, nor shall any
public utility be required to move or
relocate any of its
facilities that may be located in or on the
areas described in any
such the conveyance, transfer, easement,
lease, permit, or other
instrument.
Sec. 5502.02. All expenditures for the operation administration and maintenance of enforcement of motor vehicle and traffic laws by the
department of public safety shall be paid out of moneys derived from fees,
excises, or license taxes relating to registration, operation, or use of
vehicles on public highways or to fuels used for propelling such vehicles as provided in Section 5a of Article XII, Ohio Constitution.
Sec. 5502.39. There is hereby created in the state treasury the emergency management agency service and reimbursement fund. The fund shall consist of money collected under sections 5502.21 to 5502.38 of the Revised Code. All money in the fund shall be used to pay the costs of administering programs of the emergency management agency.
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. The director shall prepare and distribute a scope of work document upon which the bidders shall base their bids.
Except in regard to those requirements relating to providing
plans,
the director shall award contracts under this section in
accordance with
section 5525.01 Chapter 5525. of the Revised Code. (2) On or before December 31,
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.
For each biennium,
the
total dollar value of contracts made under
this division section 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
to no more than
eighty-five million dollars
and no
more
than
two projects,
whose per-project estimate
must exceed
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
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. 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. 5525.20. (A) Subject to division (B) of this
section, the director of transportation may include incentive and
disincentive provisions in contracts he the director executes
for projects or
portions or phases of projects that involve any of the following: (1) A major bridge out of service; (3) Excessive disruption to traffic; (4) A significant impact on public safety; (5) A link that completes a segment of a highway. (B) No such provisions shall be included in any particular
contract without the prior consent of the municipal corporation,
or, if outside a municipal corporation and off the state highway
system, the prior consent of the board of county commissioners of
the county, in which the bridge, detour, disruption, impact, or
link will be located or occur. (C) If the director decides to include incentive and
disincentive provisions in such contracts, he the director shall
make those
provisions part of the bid proposal issued by him the director
pursuant to
this chapter and shall also adopt rules, in accordance with
Chapter 119. of the Revised Code, governing the formulation and
use of those provisions. The rules shall be equivalent in scope,
content, and coverage to the regulations the federal highway
administrator issues concerning the use of such provisions in
state contracts. As used in this section, "incentive and disincentive
provisions" means provisions under which the contractor would be
compensated a certain amount of money for each day specified
critical work is completed ahead of schedule or under which he the
contractor
would be assessed a deduction for each day the specified critical
work is completed behind schedule. The director also may elect to compensate the contractor in the form of a lump sum incentive for completing critical work ahead of schedule.
Sec. 5531.10. (A) As used in this chapter: (1) "Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, lease-purchase agreements, and other
agreements, amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security or liquidity of,
obligations issued pursuant to this section, and the provisions
contained in such obligations. (2) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations, and interest, and redemption premium, if any,
required to be paid by the state on obligations. (3) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, the state infrastructure
bank revenue bond service fund created by division (R) of
this
section including all moneys and investments, and earnings from
investments, credited and to be credited thereto. (4) "Issuing authority" means the treasurer of state, or
the officer who by law performs the functions of the treasurer of state. (5) "Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section. (6) "Pledged receipts" means moneys accruing
to the state from the lease, lease-purchase, sale, or other
disposition, or use, of qualified projects,
and from the repayment, including
interest, of loans made from proceeds received from the sale of
obligations; accrued interest received from the sale of
obligations; income from the investment of the special funds;
any gifts, grants, donations, and pledges, and receipts
therefrom, available for the payment of bond service charges; and any amounts
in the state infrastructure bank pledged to the payment of such charges. If the amounts in the state infrastructure bank are insufficient for the payment of such charges, "pledged receipts" also means moneys that are apportioned by the United States secretary of transportation under United States Code, Title XXIII, as amended, or any successor legislation, or under any other federal law relating to aid for highways, and that are to be received as a grant by the state, to the extent the state is not prohibited by state or federal law from using such moneys and the moneys are pledged to the payment of such bond service charges. (7) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and the state infrastructure bank revenue bond service fund
created by division (R) of this section to the extent
provided in the bond proceedings, including all moneys and investments, and
earnings from investment, credited and to be credited thereto. (8) "State infrastructure project" means any public
transportation project undertaken by the state, including, but not limited to,
all components of any such project, as described in division (D) of
section 5131.09 of the Revised Code. (B) The issuing authority, after giving written
notice to the director of budget and management and upon the certification
by the director of transportation to the issuing
authority of the amount of moneys or additional moneys needed either for
state infrastructure projects or to provide financial assistance for any
of the purposes for which the state
infrastructure bank may be used under section 5531.09 of the Revised Code,
or needed for capitalized
interest, funding reserves, and paying costs and expenses
incurred in connection with the issuance, carrying, securing,
paying, redeeming, or retirement of the obligations or any
obligations refunded thereby, including payment of costs and
expenses relating to letters of credit, lines of credit,
insurance, put agreements, standby purchase agreements, indexing,
marketing, remarketing and administrative arrangements, interest
swap or hedging agreements, and any other credit enhancement,
liquidity, remarketing, renewal, or refunding arrangements, all
of which are authorized by this section, shall issue obligations of the state
under this section in the
required amount. The proceeds of such obligations, except for the
portion to be deposited in special funds, including reserve
funds, as may be provided in the bond proceedings, shall as
provided in the bond proceedings be credited to the infrastructure bank
obligations fund of the state infrastructure
bank created by section 5531.09
of the Revised Code. The issuing authority may appoint trustees, paying
agents, transfer agents, and authenticating
agents, and may retain the services of financial
advisors, accounting experts, and attorneys, and retain or
contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs of such services are payable from funds of the
state infrastructure bank. (C) The holders or owners of such obligations shall have
no right to have moneys raised by taxation by the state of
Ohio obligated or pledged, and moneys so raised shall not
be obligated or pledged,
for the payment of bond service charges. The right of such holders
and owners to the payment of bond service charges is limited to all
or that portion of the pledged receipts and those special funds
pledged thereto pursuant to the bond proceedings for such obligations
in accordance
with this section, and each such obligation shall bear on its
face a statement to that effect. (D) Obligations shall be authorized by order
of the issuing authority and the bond proceedings shall provide
for the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
twenty-five years from the date of issuance, the interest rate or
rates or the maximum interest rate, the date of the obligations
and the dates of payment of interest thereon, their denomination,
and the establishment within or without the state of a place or
places of payment of bond service charges. Sections 9.98 to
9.983 of the Revised Code are applicable to obligations issued
under this section. The purpose of such
obligations may be stated in the bond proceedings in terms
describing the general purpose or purposes to be served. The
bond proceedings also shall provide, subject to the provisions of
any other applicable bond proceedings, for the pledge of all, or
such part as the issuing authority may
determine, of the pledged
receipts and the applicable special fund or funds to the payment
of bond service charges, which pledges may be made either prior
or subordinate to other expenses, claims, or payments, and may be
made to secure the obligations on a parity with obligations
theretofore or thereafter issued, if and to the extent provided
in the bond proceedings. The pledged receipts and special funds
so pledged and thereafter received by the state immediately
are subject to the lien of such pledge without any physical delivery
thereof or further act, and the lien of any such pledges is valid
and binding against all parties having claims of any kind against
the state or any governmental agency of the state, irrespective
of whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of the Revised
Code, without the necessity for separation or
delivery of funds or for the filing or recording of the bond
proceedings by which such pledge is created or any certificate,
statement, or other document with respect thereto; and the pledge
of such pledged receipts and special funds is effective and the
money therefrom and thereof may be applied to the purposes for
which pledged without necessity for any act of appropriation.
Every pledge, and every covenant and agreement made with respect
thereto, made in the bond proceedings may therein be extended to
the benefit of the owners and holders of obligations authorized
by this section, and to any trustee therefor, for the further
security of the payment of the bond service charges. (E) The bond proceedings may contain additional provisions
as to: (1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings; (2) Other terms of the obligations; (3) Limitations on the issuance of additional obligations; (4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued; (5) The deposit, investment, and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131. or 135. of the Revised Code, but
subject to any special provisions of this section with
respect
to particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special
funds may furnish such indemnifying bonds or may pledge such
securities as required by the issuing authority; (6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision; (7) Any provision that may be made in a trust agreement or
indenture; (8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security
relating to financial assistance for qualified projects under section
5531.09 of the Revised Code. (F) The obligations may have the great seal of the state
or a facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on the date of such bonds or coupons such person was not the
issuing authority. In case the issuing authority whose signature
or a facsimile of whose signature appears on any such obligation
or coupon ceases to be the issuing authority before delivery
thereof, such signature or facsimile nevertheless is valid
and sufficient for all purposes as if the former issuing
authority had remained the issuing
authority until such delivery; and in case the seal to be affixed
to obligations has been changed after a facsimile of the seal has
been imprinted on such obligations, such facsimile seal shall
continue to be sufficient as to such obligations and obligations
issued in substitution or exchange therefor. (G) All obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both, as the issuing authority determines. Provision may be made
for the registration of any obligations with coupons attached
thereto as to principal alone or as to both principal and
interest, their exchange for obligations so registered, and for
the conversion or reconversion into obligations with coupons
attached thereto of any obligations registered as to both
principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion. (H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings. (I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which shall be exchanged for such definitive obligations. (J) In the discretion of the issuing authority,
obligations may be secured additionally by a trust agreement or
indenture between the issuing authority and a corporate trustee
which may be any trust company or bank having its principal place
of business within the state. Any such agreement or indenture
may contain the order authorizing the issuance of
the obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or
appropriate in an agreement or indenture of such type, including,
but not limited to: (1) Maintenance of each pledge, trust agreement,
indenture, or other instrument comprising part of the bond
proceedings until the state has fully paid the bond service
charges on the obligations secured thereby, or provision therefor
has been made; (2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of the foregoing; (3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on the rights of individual holders of
obligations; (4) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen; (5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing. (K) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's or
trustee's rights are restricted
by the bond proceedings, may by any suitable form of legal
proceedings, protect and enforce any rights under the laws of
this state or granted by such bond proceedings. Such rights
include the right to compel the performance of all duties of the
issuing authority and the director of transportation required by the bond
proceedings or sections 5531.09 and 5531.10 of the
Revised Code; to enjoin unlawful activities; and in the
event of
default with respect to the payment of any bond service charges
on any obligations or in the performance of any covenant or
agreement on the part of the issuing authority or the director of
transportation in the bond
proceedings, to apply to a court having jurisdiction of the cause
to appoint a receiver to receive and administer the pledged
receipts and special funds, other than those in the custody of
the treasurer of state, which are pledged to the payment of the
bond service charges on such obligations or which are the subject
of the covenant or agreement, with full power to pay, and to
provide for payment of bond service charges on, such obligations,
and with such powers, subject to the direction of the court, as
are accorded receivers in general equity cases, excluding any
power to pledge additional revenues or receipts or other income
or moneys of the state or local
governmental entities, or agencies
thereof, to the payment of such principal and
interest and excluding the power to take possession of, mortgage,
or cause the sale or otherwise dispose of any project facilities. Each duty of the issuing authority and the issuing
authority's officers and employees, and of each state or local
governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any loan, loan
guarantee, lease, lease-purchase agreement, or
other agreement made under authority of section
5531.09 of the Revised Code, and in every agreement by
or with the issuing authority,
is hereby established as a duty of the issuing authority, and of
each such officer, member, or employee having authority to
perform such duty, specifically enjoined by the law resulting
from an office, trust, or station within the meaning of section
2731.01 of the Revised Code. The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their personal capacities on any obligations issued by the
issuing authority or any agreements of or with the issuing
authority. (L) The issuing authority may authorize and issue
obligations for the refunding, including funding and retirement,
and advance refunding with or without payment or redemption prior
to maturity, of any obligations previously issued by the issuing
authority. Such obligations may be issued in amounts sufficient
for payment of the principal amount of the prior obligations, any
redemption premiums thereon, principal maturities of any such
obligations maturing prior to the redemption of the remaining
obligations on a parity therewith, interest accrued or to accrue
to the maturity dates or dates of redemption of such obligations,
and any expenses incurred or to be
incurred in connection with such issuance and such refunding,
funding, and retirement. Subject to the bond proceedings
therefor, the portion of proceeds of the sale of obligations
issued under this division to be applied to bond service charges
on the prior obligations shall be credited to an appropriate
account held by the trustee for such prior or new obligations or
to the appropriate account in the bond service fund for such
obligations. Obligations authorized under this division shall be
deemed to be issued for those purposes for which such prior
obligations were issued and are subject to the provisions of this
section pertaining to other obligations, except as otherwise
provided in this section. The
last maturity of obligations authorized under this division shall not be later
than twenty-five years from the date of issuance of the original securities
issued for the original purpose. (M) The authority to issue obligations under this section
includes authority to issue obligations in the form of bond
anticipation notes and to renew the same from time to time by the
issuance of new notes. The holders of such notes or interest
coupons pertaining thereto shall have a right to be paid solely
from the pledged receipts and special funds that may be pledged
to the payment of the bonds anticipated, or from the proceeds of
such bonds or renewal notes, or both, as the issuing authority
provides in the order authorizing such notes. Such
notes may be additionally secured by covenants of the issuing
authority to the effect that the issuing authority and the state
will do such or all things necessary for the issuance of such
bonds or renewal notes in the appropriate amount, and apply the
proceeds thereof to the extent necessary, to make full payment of
the principal of and interest on such notes at the time or times
contemplated, as provided in such order. For such
purpose, the issuing authority may issue bonds or renewal notes
in such principal amount and upon such terms as may be necessary
to provide funds to pay when required the principal of and
interest on such notes, notwithstanding any limitations
prescribed by or for purposes of this section. Subject to this
division, all provisions for and references to obligations in
this section are applicable to notes authorized under this
division. The issuing authority in the bond proceedings authorizing
the issuance of bond anticipation notes shall set forth for such
bonds an estimated interest rate and a schedule of principal
payments for such bonds and the annual maturity dates thereof. (N) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for life and domestic not for life, trustees or other officers
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this
state, the commissioners of the sinking fund of the state, the
administrator of workers' compensation in accordance with the investment
policy established by the workers' compensation oversight commission pursuant
to section 4121.12 of the Revised Code, the state teachers retirement
system, the public employees retirement system, the school
employees retirement system, and the Ohio police and
fire pension fund, notwithstanding any other
provisions
of the Revised Code or rules adopted pursuant thereto by any
agency of the state with respect to investments by
them, and are also acceptable as security for the deposit of
public moneys. (O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States, obligations guaranteed
as to principal and interest by the United States,
obligations of this state or
any political subdivision of this state, and certificates of deposit of
any national bank located in this state and any bank, as defined
in section 1101.01 of the Revised Code, subject to inspection by
the superintendent of financial institutions. If the law
or the instrument
creating a trust pursuant to division (J) of this section
expressly permits investment in direct obligations of the United
States or an agency of the United States, unless
expressly prohibited by the
instrument, such moneys also may be invested in no-front-end-load
money market mutual funds consisting exclusively of obligations
of the United States or an agency of the United
States and in repurchase
agreements, including those issued by the fiduciary itself,
secured by obligations of the United States or an agency of
the United States;
and in collective
investment funds as defined in division (A) of section
1111.01 of the Revised Code and consisting exclusively
of any
such securities.
The income from such investments shall be credited to such funds
as the issuing authority determines, and such investments may be
sold at such times as the issuing authority determines or
authorizes. (P) Provision may be made in the applicable bond
proceedings for the establishment of separate accounts in the
bond service fund and for the application of such accounts only
to the specified bond service charges on obligations pertinent to
such accounts and bond service fund and for other accounts
therein within the general purposes of such fund. Unless
otherwise provided in any applicable bond proceedings, moneys to
the credit of or in the several special funds established
pursuant to this section shall be disbursed on the order of the
treasurer of state, provided that no such order is required for
the payment from the bond service fund when due of bond service
charges on obligations. (Q)(1) The issuing authority may pledge
all, or such portion
as the issuing authority determines, of the pledged receipts to
the payment of bond service charges on obligations issued under
this section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions are controlling notwithstanding
any other provisions of law pertaining thereto. (2) An action taken under division
(Q)(2) of this section does not limit the
generality of division (Q)(1) of this section, and is subject to
division (C) of this section and, if and to the extent otherwise
applicable, Section 13 of Article VIII,
Ohio Constitution. The bond proceedings may contain a
covenant that, in the event the pledged
receipts primarily pledged and required to be used for the payment of bond
service charges on obligations issued under this section, and for the
establishment and maintenance of any reserves, as provided in the bond
proceedings, are insufficient to make any such payment in full when due, or to
maintain any such reserve, the director of transportation shall so notify the
governor, and shall determine to what extent, if any, the payment may be made
or moneys may be restored to the reserves from lawfully available moneys
previously appropriated for that purpose to the department of transportation.
The covenant also may
provide that if the payments are not made or the moneys are not immediately
and
fully restored to the reserves from such moneys, the director shall
promptly submit to the governor and to the director of budget and management a
written request for either or both of the following: (a) That the next biennial budget submitted by the governor to
the general assembly include an amount to be appropriated from lawfully
available
moneys to the department for the purpose of and sufficient for the payment in
full of bond service charges previously due and for the full
replenishment of the reserves; (b) That the general assembly be requested to increase
appropriations from lawfully available moneys for
the department in the current biennium sufficient for the purpose of and for
the payment in full of bond service charges previously due and to come due in
the biennium and for the full replenishment of the reserves. The director of transportation shall include with such requests a
recommendation that the
payment of the bond service charges and the replenishment of the reserves be
made in the interest of maximizing the benefits of the state infrastructure
bank. Any such covenant shall not obligate or purport to obligate the state
to
pay the bond service charges on such bonds or notes or to deposit moneys
in a reserve established for such payments other than from moneys that may be
lawfully available and appropriated for that purpose during the then-current
biennium. (R) There is hereby created the state infrastructure bank revenue
bond service fund, which shall be in the custody of the treasurer of
state but shall not be a part of the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable bond proceedings, consistent with this section, to be
deposited, transferred, or credited to the bond service fund, and all
other moneys transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any
separate accounts therein, subject to applicable provisions of
the bond proceedings, but without necessity for any act of
appropriation. The state infrastructure
bank
revenue bond service fund is a trust fund and is
hereby pledged to the payment of bond service charges to the
extent provided in the applicable bond proceedings, and payment
thereof from such fund shall be made or provided for by the
treasurer of state in accordance with such bond proceedings
without necessity for any act of appropriation. (S) The obligations issued pursuant to this section, the transfer
thereof, and the income therefrom, including any profit made on the sale
thereof, shall at all times be free from taxation within this state.
Sec. 5735.29. To provide revenue for supplying the state's
share of the cost of constructing, widening, maintaining, and
reconstructing the state highways; to maintain and repair bridges
and viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay the expense of administering and
enforcing the state law relative to the registration and
operation of motor vehicles; to make road improvements associated with
retaining
or attracting business for this state, to pay that portion of the construction
cost of a highway project which a county, township, or municipal
corporation normally would be required to pay, but which the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund; to provide revenue for the
purposes of sections 1547.71 to 1547.78 of the Revised Code; and
to supplement revenue already available for such purposes, to pay
the expenses of the department of taxation incident to the
administration of the motor fuel laws, to supplement
revenue already available for such purposes; and to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code; to enable the counties and townships of the state to properly plan, construct, widen, reconstruct, and maintain their public highways, roads, and streets; to enable counties to pay principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code for highway improvements; to enable municipal corporations to plan, construct, reconstruct, repave, widen, maintain, repair, clear, and clean public highways, roads, and streets; to enable municipal corporations to pay the principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code for highway improvements; and to pay the costs apportioned to the public under section 4907.47 of the Revised Code, a motor fuel
excise tax
is hereby imposed on all motor fuel dealers upon their receipt of
motor fuel within the state at the rate of two cents on each gallon
so received; provided, that effective July 1, 2003, the motor fuel excise tax imposed by this section shall be at the rate of four cents on each gallon so received; effective July 1, 2004, the motor fuel excise tax imposed by this section shall be at the rate of six cents on each gallon so received; and effective July 1, 2005, the motor fuel excise tax imposed by this section shall be at the rate of eight cents on each gallon so received. This tax is subject to the specific
exemptions set forth in this chapter of the
Revised Code. It shall be reported, computed, paid, collected,
administered, enforced, and refunded, and the failure properly
and correctly to report and pay the tax shall be penalized, in
exactly the same manner as is provided in this chapter.
Such sections relating to motor fuel excise taxes are
reenacted and incorporated as if specifically set forth in this
section. The tax levied by this section is in addition to any
other taxes imposed under this chapter.
Sec. 5735.291. (A) The treasurer of state shall place to the
credit of the tax refund fund created by section 5703.052 of the
Revised Code, out of receipts from the tax levied by section
5735.29 of the Revised Code, amounts equal to the refunds
certified by the tax commissioner pursuant to sections 5735.142
and 5735.29 of the Revised Code. The refunds provided for by
sections 5735.142 and 5735.29 of the Revised Code shall be paid
from such fund. The treasurer of state shall transfer the amount
required by section 5735.051 of the Revised Code to the waterways
safety fund. The specified portion of the balance of taxes collected under section
5735.29 of the Revised Code after the credits to the tax refund
fund, and after the transfer to the waterways safety fund, shall be credited to the gasoline excise tax fund. Forty-two and eighty-six hundredths per cent of the specified portion shall be distributed among the municipal corporations within the state in accordance with division (A)(2) of section 5735.27 of the Revised Code, thirty-seven and fourteen hundredths per cent of the specified portion shall be distributed among the counties within the state in accordance with division (A)(3) of section 5735.27 of the Revised Code, and twenty per cent of the specified portion shall be distributed among the townships within the state in accordance with division (A)(5) of section 5735.27 of the Revised Code. The remainder of the tax levied by section 5735.29 of the Revised Code
after receipt by the treasurer of state of certifications from
the commissioners of the sinking fund certifying, as required by
sections 5528.15 and 5528.35 of the Revised Code, there are
sufficient moneys to the credit of the highway improvement bond
retirement fund created by section 5528.12 of the Revised Code to
meet in full all payments of interest, principal, and charges for
the retirement of bonds and other obligations issued pursuant to
Section 2g of Article VIII, Ohio Constitution, and sections
5528.10 and 5528.11 of the Revised Code due and payable during
the current calendar year, and that there are sufficient moneys
to the credit of the highway obligations bond retirement fund
created by section 5528.32 of the Revised Code to meet in full
all payments of interest, principal, and charges for the
retirement of highway obligations issued pursuant to Section 2i
of Article VIII, Ohio Constitution, and sections 5528.30 and
5528.31 of the Revised Code due and payable during the current
calendar year, shall be credited to the highway operating fund,
which is hereby created in the state treasury and shall be used
solely for the purposes enumerated in section 5735.29 of the
Revised Code. All investment earnings of the fund shall be
credited to the fund.
(B) As used in this section, "specified portion" means all of the following: (1) Until August 15, 2003, none of the taxes collected under section 5735.29 of the Revised Code; (2) Effective August 15, 2003, one-eighth of the balance of taxes collected under section 5735.29 of the Revised Code, after the credits to the tax refund fund and after the transfer to the waterways safety fund; (3) Effective August 15, 2004, one-sixth of the balance of taxes described in division (B)(2) of this section; (4) Effective August 15, 2005, three-sixteenths of the balance of taxes described in division (B)(2) of this section.
Sec. 5543.22. Notwithstanding sections 153.65 to 153.71 of the Revised Code, a county engineer may combine the design and construction elements of a bridge, highway, or safety project into a single contract, but only if the cost of the project as bid does not exceed one million five hundred thousand dollars.
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. In lieu of the requirement for plans, the county engineer shall prepare and distribute a scope of work document upon which bidders shall base their bids.
A county engineer may request the director of transportation to review and comment on the scope of work document or the construction plans for conformance with state and federal requirements. If so requested, the director shall review and comment on the document or plans.
Section 2. That existing sections 4501.10, 4503.042, 4503.10, 4503.173, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.75, 4505.09, 4506.08, 4507.23, 4511.04, 4513.52, 4513.53, 5501.20, 5501.34, 5501.45, 5502.02, 5517.011, 5525.20, 5531.10, 5735.29, and 5735.291, and sections 4501.20, 4501.22, 4501.29, 4501.30, 4501.311, 4501.32, 4501.33, 4501.39, 4501.40, 4501.41, 4501.61, 4501.71, and 4503.251 of the Revised Code are hereby repealed.
Section 3. That the version of section 4503.10 of the Revised Code that is scheduled to take effect January 1, 2004, be amended to read as follows:
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway motorcycle,
and
all-purpose vehicle required to be
registered under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information: (1) A brief description of the motor vehicle to be
registered, including the name of the manufacturer, the factory
number of the vehicle, the year's model, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code; (2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides; (3) The district of registration, which shall be
determined
as follows: (a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located. (b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application. (4) Whether the motor vehicle is a new or used motor
vehicle; (5) The date of purchase of the motor vehicle; (6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the
current registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required. (7) The owner's social security number, if assigned, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number. The bureau of
motor vehicles shall retain in its records all social security
numbers provided under this section, but the bureau shall not
place social security numbers on motor vehicle certificates of
registration. (B) Each time an applicant first registers a motor
vehicle
in the applicant's name, the
applicant shall present for
inspection a physical
certificate of title or memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if a physical certificate of title or
memorandum certificate has been issued by a clerk of a court of
common pleas. If, under sections 4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk instead has issued an electronic
certificate of title for the applicant's motor vehicle, that
certificate may be presented for inspection at the time of first
registration in a manner prescribed by rules adopted by the
registrar. When a
motor vehicle inspection and maintenance
program is in effect
under section 3704.14 of the Revised Code and
rules adopted under
it, each application for registration for a
vehicle required to
be inspected under that section and those
rules shall be
accompanied by an inspection certificate for the
motor vehicle
issued in accordance with that section. The
application shall be
refused if any of the following applies: (1) The application is not in proper form. (2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4510.22,
or division (B)(1) of section 4521.10 of the Revised
Code. (3) A
certificate of title or memorandum certificate of
title does not
accompany
the application or, in the case of an
electronic certificate of title, is not presented in a manner
prescribed by the registrar's rules. (4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid. (5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable. This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall indicate, by a stamp or
by other means the registrar
prescribes, on the
registration certificate issued upon the first
registration of a
motor vehicle by or on behalf of the owner the
odometer reading
of
the motor vehicle as shown in the odometer
statement included
in
or attached to the certificate of title.
Upon each subsequent
registration of the motor vehicle by or on
behalf of the same
owner, the official also shall so indicate the
odometer reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration. The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C)(1) Commencing October 1, 2003, the registrar and each deputy registrar shall collect an additional fee of five dollars for each application for registration and registration renewal received. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. Each deputy registrar shall transmit the fees collected under division (C)(1) of this section in the time and manner provided in this section. The registrar shall deposit all moneys received under division (C)(1) of this section into the state highway safety fund established in section 4501.06 of the Revised Code. (2) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code. (D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations. (E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued. (F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service. (G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application. (H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section. (I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code. (2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration. (b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration. (J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following: (1) A uniform mileage schedule; (2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the
registrant; (3) Any other information the registrar requires by
rule.
Section 4. That the existing version of section 4503.10 of the Revised Code that is scheduled to take effect January 1, 2004, is hereby repealed.
Section 5. Sections 3 and 4 of this act take effect January 1, 2004.
Section 6. 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 2004 and
the amounts in the second
column are for fiscal year 2005.
Section 7. DOT DEPARTMENT OF TRANSPORTATION
FUND |
|
|
TITLE |
|
|
FY 2004 |
|
|
FY 2005 |
Transportation Planning and ResearchHighway Operating Fund Group
002 |
771-411 |
|
Planning and Research - State |
|
$ |
14,548,950 |
|
$ |
15,070,100 |
002 |
771-412 |
|
Planning and Research - Federal |
|
$ |
35,193,300 |
|
$ |
35,644,900 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
49,742,250 |
|
$ |
50,715,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Transportation Planning |
|
|
|
|
|
|
and Research |
|
$ |
49,742,250 |
|
$ |
50,715,000 |
Highway ConstructionHighway Operating Fund Group
002 |
772-421 |
|
Highway Construction - State |
|
$ |
487,722,430 |
|
$ |
449,847,300 |
002 |
772-422 |
|
Highway Construction - Federal |
|
$ |
762,964,700 |
|
$ |
766,001,700 |
002 |
772-424 |
|
Highway Construction - Other |
|
$ |
70,000,000 |
|
$ |
51,000,000 |
212 |
770-005 |
|
Infrastructure Debt Service - Federal |
|
$ |
72,064,200 |
|
$ |
78,696,100 |
212 |
772-423 |
|
Infrastructure Lease Payments - Federal |
|
$ |
12,537,800 |
|
$ |
12,537,300 |
212 |
772-426 |
|
Highway Infrastructure Bank - Federal |
|
$ |
2,740,000 |
|
$ |
2,620,000 |
212 |
772-427 |
|
Highway Infrastructure Bank - State |
|
$ |
11,000,000 |
|
$ |
11,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
1,419,029,130 |
|
$ |
1,371,702,400 |
Highway Capital Improvement Fund Group
042 |
772-723 |
|
Highway Construction - Bonds |
|
$ |
220,000,000 |
|
$ |
220,000,000 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
220,000,000 |
|
$ |
220,000,000 |
Infrastructure Bank Obligations Fund Group |
|
|
|
|
|
|
045 |
772-428 |
|
Highway Infrastructure Bank - Bonds |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Construction |
|
$ |
1,679,029,130 |
|
$ |
1,631,702,400 |
Highway MaintenanceHighway Operating Fund Group
002 |
773-431 |
|
Highway Maintenance - State |
|
$ |
394,605,100 |
|
$ |
413,082,600 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
394,605,100 |
|
$ |
413,082,600 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Maintenance |
|
$ |
394,605,100 |
|
$ |
413,082,600 |
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 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Rail Transportation |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
AviationHighway Operating Fund Group
002 |
777-472 |
|
Airport Improvements - Federal |
|
$ |
405,000 |
|
$ |
405,000 |
002 |
777-475 |
|
Aviation Administration |
|
$ |
4,064,700 |
|
$ |
4,139,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
4,469,700 |
|
$ |
4,544,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Aviation |
|
$ |
4,469,700 |
|
$ |
4,544,000 |
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 |
|
$ |
116,449,900 |
|
$ |
121,986,500 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
116,449,900 |
|
$ |
121,986,500 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
116,454,900 |
|
$ |
121,991,500 |
Debt ServiceHighway Operating Fund Group
002 |
770-003 |
|
Administration - State - Debt Service
|
|
$ |
13,802,600 |
|
$ |
13,395,900 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
13,802,600 |
|
$ |
13,395,900 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
13,802,600 |
|
$ |
13,395,900 |
TOTAL Department of Transportation
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
2,045,828,680 |
|
$ |
2,023,156,400 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
220,000,000 |
|
$ |
220,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,000 |
|
$ |
5,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,305,833,680 |
|
$ |
2,283,161,400 |
Section 7.01. 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 $420,000,000
in addition to the
original issuance of obligations
heretofore
authorized by prior
acts of the General Assembly. The obligations shall be dated, issued, and sold from time to
time in such
amounts as may be necessary to provide sufficient
moneys to the credit of the
Highway Capital Improvement Fund (Fund
042) created by section
5528.53 of the
Revised Code to pay costs
charged to the fund when due as estimated by the
Director of
Transportation, provided, however, that such obligations shall be
issued and sold at such time or times so that not more than
$220,000,000
original principal amount of obligations, plus the
principal amount of
obligations that in prior fiscal years could
have been, but were not, issued
within the $220,000,000 limit, may
be issued in any fiscal year, and not more
than $1,200,000,000
original principal amount of such obligations are outstanding at
any one time.
Section 7.02. 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 7.03. TRANSFER OF FUND 002 APPROPRIATIONS - PLANNING
AND
RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL, AVIATION,
AND
ADMINISTRATION The Director of Budget and Management may approve requests
from
the Department of Transportation for transfer of Fund 002
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), rail grade crossings (appropriation item 776-462), aviation (appropriation item
777-475), and 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 2004 and 2005. 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.
Should the appropriation and any reappropriations from prior years in appropriation item 770-005 and appropriation item 772-423 exceed the actual and projected debt, rental, or lease payments for fiscal year 2004 or 2005, then prior to June 30, 2005, the balance may be transferred to appropriation item 772-422. 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. 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, 2003, are hereby reappropriated for the same purpose in
fiscal year 2004. All appropriations of the Highway Operating Fund (Fund 002) and
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, 2004, are hereby
reappropriated for the same purpose in fiscal
year 2005.
Any balances of prior years' appropriations to 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 that are unencumbered on June 30, 2003, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2004 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.
Any balances of prior years' appropriations to 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 that are unencumbered on June 30, 2004, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2005 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.
Section 7.04. 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
2003-2005 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 2003-2005 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.
Section 7.05. RENTAL PAYMENTS - OBA The foregoing appropriation item 770-003, Administration -
State
- Debt Service, shall be used to pay rent to the Ohio
Building
Authority for various
capital facilities to be
constructed, reconstructed, or
rehabilitated
for the use of the
Department of Transportation, including the
department's plant and
facilities at its central office, field
districts, and county and
outpost locations. The rental payments
shall be made from
revenues received from the motor vehicle fuel
tax. The amounts of
any bonds and notes to finance such capital
facilities shall be at
the request of the Director of
Transportation. Notwithstanding
section 152.24 of the Revised
Code, the Ohio Building Authority
may, with approval of the
Office of Budget and Management, lease
capital facilities to the
Department of Transportation. The Director of Transportation shall hold title to any land
purchased and any resulting structures that are attributable to
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
2004 or 2005, then prior to June 30, 2005, 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 7.06. 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 8. DHS DEPARTMENT OF PUBLIC SAFETY
Highway Safety Information and EducationState Highway Safety Fund Group
036 |
761-321 |
|
Operating Expense - Information and Education |
|
$ |
2,900,702 |
|
$ |
3,030,054 |
036 |
761-402 |
|
Traffic Safety Match |
|
$ |
277,137 |
|
$ |
277,137 |
831 |
761-610 |
|
Information and Education - Federal |
|
$ |
468,982 |
|
$ |
468,982 |
83N |
761-611 |
|
Elementary School Seat Belt Program |
|
$ |
447,895 |
|
$ |
447,895 |
832 |
761-612 |
|
Traffic Safety-Federal |
|
$ |
16,577,565 |
|
$ |
16,577,565 |
844 |
761-613 |
|
Seat Belt Education Program |
|
$ |
463,760 |
|
$ |
482,095 |
846 |
761-625 |
|
Motorcycle Safety Education |
|
$ |
1,780,507 |
|
$ |
1,827,868 |
847 |
761-622 |
|
Film Production Reimbursement |
|
$ |
22,000 |
|
$ |
22,000 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
22,938,548 |
|
$ |
23,133,596 |
Agency Fund Group |
|
|
|
|
|
|
5J9 |
761-678 |
|
Federal Salvage/GSA |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL AGY Agency |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Safety Information |
|
|
|
|
|
|
and Education |
|
$ |
23,038,548 |
|
$ |
23,233,596 |
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 8.01. BUREAU OF MOTOR VEHICLES State Special Revenue Fund Group
539 |
762-614 |
|
Motor Vehicle Dealers Board |
|
$ |
239,902 |
|
$ |
239,902 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
239,902 |
|
$ |
239,902 |
State Highway Safety Fund Group
4W4 |
762-321 |
|
Operating Expense-BMV |
|
$ |
73,385,912 |
|
$ |
70,152,893 |
4W4 |
762-410 |
|
Registrations Supplement |
|
$ |
34,588,363 |
|
$ |
32,480,610 |
5V1 |
762-682 |
|
License Plate Contributions |
|
$ |
2,388,568 |
|
$ |
2,388,568 |
83R |
762-639 |
|
Local Immobilization Reimbursement |
|
$ |
850,000 |
|
$ |
850,000 |
835 |
762-616 |
|
Financial Responsibility Compliance |
|
$ |
6,303,125 |
|
$ |
6,551,535 |
849 |
762-627 |
|
Automated Title Processing Board |
|
$ |
16,800,620 |
|
$ |
26,076,349 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
134,316,588 |
|
$ |
138,499,955 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Bureau of Motor Vehicles |
|
$ |
134,556,490 |
|
$ |
138,739,857 |
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 cash
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.
TRANSFER OF FUNDS TO FUND 5V1
On July 1, 2003, or as soon thereafter as possible, the Director of Budget and Management shall transfer the cash balances in the Collegiate, Football Hall of Fame, Ohio Casa/GAL, Rotary International, Pro Sports Teams, Boy Scouts, Girl Scouts, Eagle Scouts, FOP, FOP Associates, Ducks Unlimited, FFA, and Leader in Flight Funds to the License Plate Contribution Fund (Fund 5V1). The spending authority to honor encumberances established in the prior fiscal year is hereby appropriated.
Section 8.02. ENFORCEMENT
State Highway Safety Fund Group
036 |
764-033 |
|
Minor Capital Projects |
|
$ |
1,775,667 |
|
$ |
1,779,664 |
036 |
764-321 |
|
Operating Expense - Highway Patrol |
|
$ |
208,447,118 |
|
$ |
217,516,933 |
036 |
764-605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
2,544,319 |
|
$ |
2,603,697 |
83C |
764-630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
83F |
764-657 |
|
Law Enforcement Automated Data System |
|
$ |
6,425,009 |
|
$ |
7,111,198 |
83G |
764-633 |
|
OMVI Fines |
|
$ |
820,927 |
|
$ |
820,927 |
831 |
764-610 |
|
Patrol - Federal |
|
$ |
2,371,659 |
|
$ |
2,407,585 |
831 |
764-659 |
|
Transportation Enforcement - Federal |
|
$ |
4,635,684 |
|
$ |
4,738,515 |
837 |
764-602 |
|
Turnpike Policing |
|
$ |
9,648,265 |
|
$ |
9,653,030 |
838 |
764-606 |
|
Patrol Reimbursement |
|
$ |
222,108 |
|
$ |
222,108 |
840 |
764-607 |
|
State Fair Security |
|
$ |
1,462,774 |
|
$ |
1,496,283 |
840 |
764-617 |
|
Security and Investigations |
|
$ |
8,653,390 |
|
$ |
8,145,192 |
840 |
764-626 |
|
State Fairgrounds Police Force |
|
$ |
788,375 |
|
$ |
788,375 |
841 |
764-603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,274,101 |
|
$ |
1,274,101 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
249,692,290 |
|
$ |
259,180,502 |
General Services Fund Group
4S2 |
764-660 |
|
MARCS Maintenance |
|
$ |
232,154 |
|
$ |
237,210 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
232,154 |
|
$ |
237,210 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Enforcement |
|
$ |
249,924,444 |
|
$ |
259,417,712 |
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 8.03. EMERGENCY MEDICAL SERVICES
State Highway Safety Fund Group
83M |
765-624 |
|
Operating Expenses - EMS |
|
$ |
2,519,883 |
|
$ |
2,587,627 |
83P |
765-637 |
|
EMS Grants |
|
$ |
5,836,744 |
|
$ |
5,836,744 |
831 |
765-610 |
|
EMS/Federal |
|
$ |
582,007 |
|
$ |
582,007 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
8,938,634 |
|
$ |
9,006,378 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Medical Services |
|
$ |
8,938,634 |
|
$ |
9,006,378 |
Section 8.04. INVESTIGATIVE UNIT
State Highway Safety Fund Group
831 |
767-610 |
|
Liquor Enforcement - Federal |
|
$ |
514,184 |
|
$ |
514,184 |
831 |
769-610 |
|
Food Stamp Trafficking Enforcement - Federal |
|
$ |
817,177 |
|
$ |
817,177 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
1,331,361 |
|
$ |
1,331,361 |
Liquor Control Fund Group
043 |
767-321 |
|
Liquor Enforcement - Operations |
|
$ |
9,644,288 |
|
$ |
9,825,597 |
TOTAL LCF Liquor Control Fund |
|
|
|
|
|
|
Group |
|
$ |
9,644,288 |
|
$ |
9,825,597 |
State Special Revenue Fund Group
622 |
767-615 |
|
Investigative Contraband and Forfeiture |
|
$ |
404,111 |
|
$ |
404,111 |
850 |
767-628 |
|
Investigative Unit Salvage |
|
$ |
120,000 |
|
$ |
120,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
524,111 |
|
$ |
524,111 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Special Enforcement |
|
$ |
11,499,760 |
|
$ |
11,681,069 |
LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS
EQUIPMENT The Director of Public Safety, using intrastate transfer
vouchers, shall make cash transfers to the State Highway Safety
Fund (Fund 036) from other funds to reimburse the State Highway
Safety Fund for the share of lease rental payments to the Ohio
Building Authority that are associated with appropriation item
CAP-076, Investigative Unit MARCS Equipment.
Section 8.05. EMERGENCY MANAGEMENT
Federal Special Revenue Fund Group
3N5 |
763-644 |
|
U.S. DOE Agreement |
|
$ |
266,000 |
|
$ |
275,000 |
329 |
763-645 |
|
Individual/Family Grant - Fed |
|
$ |
303,504 |
|
$ |
303,504 |
337 |
763-609 |
|
Federal Disaster Relief |
|
$ |
5,000,000 |
|
$ |
3,000,000 |
339 |
763-647 |
|
Emergency Management Assistance and Training |
|
$ |
129,622,000 |
|
$ |
129,622,000 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
135,191,504 |
|
$ |
133,200,504 |
General Services Fund Group
4V3 |
763-662 |
|
EMA Service and Reimbursement |
|
$ |
696,446 |
|
$ |
696,446 |
533 |
763-601 |
|
State Disaster Relief |
|
$ |
7,500,000 |
|
$ |
7,500,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
8,196,446 |
|
$ |
8,196,446 |
State Special Revenue Fund Group
657 |
763-652 |
|
Utility Radiological Safety |
|
$ |
1,200,000 |
|
$ |
1,260,000 |
681 |
763-653 |
|
SARA Title III HAZMAT Planning |
|
$ |
264,510 |
|
$ |
271,510 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,464,510 |
|
$ |
1,531,510 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Management |
|
$ |
144,852,460 |
|
$ |
142,928,460 |
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.
EMA SERVICE AND REIMBURSEMENT FUND
On July 1, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer the cash balances in the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) to the EMA Service and Reimbursement Fund (Fund 4V3), created in section 5502.39 of the Revised Code. Upon the completion of the transfer, notwithstanding any other provision of law to the contrary, the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) are abolished. The director shall cancel any existing encumbrances against appropriation items 763-654, EMA Utility Payment, and 763-655, Salvage and Exchange-EMA, and reestablish them against appropriation item 763-662, EMA Service and Reimbursement. The amounts of the reestablished encumbrances are hereby appropriated.
Section 8.06. ADMINISTRATION
State Highway Safety Fund Group
036 |
766-321 |
|
Operating Expense - Administration |
|
$ |
4,346,226 |
|
$ |
4,461,836 |
830 |
761-603 |
|
Salvage and Exchange - Administration |
|
$ |
22,070 |
|
$ |
22,070 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
4,368,296 |
|
$ |
4,483,906 |
General Services Fund Group
4S3 |
766-661 |
|
Hilltop Utility Reimbursement |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
4,868,296 |
|
$ |
4,983,906 |
Section 8.07. DEBT SERVICE
State Highway Safety Fund Group
036 |
761-401 |
|
Lease Rental Payments |
|
$ |
11,676,700 |
|
$ |
13,663,200 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
11,676,700 |
|
$ |
13,663,200 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
11,676,700 |
|
$ |
13,663,200 |
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, 2003, to June 30, 2005, 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 8.08. REVENUE DISTRIBUTION
Holding Account Redistribution Fund Group
R24 |
762-619 |
|
Unidentified Motor Vehicle Receipts |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
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 |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Revenue Distribution |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL Department of Public Safety
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
433,262,417 |
|
$ |
449,298,898 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,228,523 |
|
$ |
2,295,523 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
9,644,288 |
|
$ |
9,825,597 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
8,928,600 |
|
$ |
8,933,656 |
TOTAL FED Federal Revenue Special |
|
|
|
|
|
|
Fund Group |
|
$ |
135,191,504 |
|
$ |
133,200,504 |
TOTAL AGY Agency Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
591,490,332 |
|
$ |
605,789,178 |
Section 8.09. CASH BALANCE FUND REVIEW Not later than the first day of April in each fiscal year of
the biennium, the
Director of Budget and
Management shall review
the cash balances for each fund, except
the
State Highway Safety
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4) 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. SCHEDULE OF TRANSFERS TO THE STATE HIGHWAY SAFETY FUND
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 cash transfer schedule totaling $140,137,500 in fiscal year 2004 and $94,359,250 in fiscal year 2005 from the Highway Operating Fund, established in section 5735.291 of the Revised Code, to the State Highway Safety Fund, established in section 4501.06 of the Revised Code. The director shall transfer the cash at such times as is determined by the transfer schedule.
MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND
The Director of Budget and Management shall transfer cash in equal monthly increments totaling $46,712,500 in fiscal year 2004 and $94,359,250 in fiscal year 2005 from the Highway Operating Fund, established in section 5735.291 of the Revised Code, to the Gasoline Excise Tax Fund established in division (A) of section 5735.27 of the Revised Code. The monthly amounts transferred pursuant to this section shall be distributed as follows: forty-two and eighty-six hundredths (42.86) per cent shall be distributed among the municipal corporations within the state in accordance with division (A)(2) of section 5735.27 of the Revised Code; thirty-seven and fourteen hundredths (37.14) per cent shall be distributed among the counties within the state in accordance with division (A)(3) of section 5735.27 of the Revised Code; and twenty (20) per cent shall be distributed among the townships within the state in accordance with division (A)(5) of section 5735.27 of the Revised Code.
Section 9. 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.
Section 10. PWC PUBLIC WORKS COMMISSION
Local Transportation Improvements Fund Group
052 |
150-402 |
|
LTIP - Operating |
|
$ |
291,946 |
|
$ |
298,441 |
052 |
150-701 |
|
Local Transportation Improvement Program |
|
$ |
67,500,000 |
|
$ |
67,500,000 |
TOTAL 052 Local Transportation |
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
67,791,946 |
|
$ |
67,798,441 |
Local Infrastructure Improvements Fund Group
038 |
150-321 |
|
SCIP - Operating Expenses |
|
$ |
884,239 |
|
$ |
906,324 |
TOTAL LIF Local Infrastructure
|
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
884,239 |
|
$ |
906,324 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
68,676,185 |
|
$ |
68,704,765 |
DISTRICT ADMINISTRATION COSTS The Director of the Public Works Commission is authorized to
create a
District Administration Costs Program from interest earnings of the Capital Improvements
Fund and Local
Transportation Improvement Program Fund proceeds. This program shall be used to provide for administration
costs of the nineteen
public works districts for the direct costs of district
administration. Districts choosing to participate in this program
shall only expend Capital Improvements Fund moneys for Capital Improvements Fund costs and
Local
Transportation Improvement Program Fund moneys for Local Transportation Improvement
Program Fund costs. The account shall not exceed $760,000 per fiscal year. Each public works district may be eligible for up to
$40,000 per fiscal year from its district allocation as provided in sections
164.08 and 164.14 of the Revised Code. The director, by rule, shall define allowable and
nonallowable
costs for the purpose of the District Administration
Costs
Program. Nonallowable costs include indirect costs,
elected
official salaries and benefits, and project-specific costs. No
district public works committee may participate in the District
Administration Costs Program without the approval of those costs
by the district public works committee pursuant to section 164.04
of
the Revised Code. All capital appropriations from the Local Transportation
Improvement
Program Fund (Fund 052) in Sub. H.B. 73 of the
124th
General Assembly remaining unencumbered as of June 30, 2003,
are
reappropriated for use during the period July 1, 2003, through
June 30, 2004, 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, 2004, are reappropriated
for use during the period July 1, 2004, through June 30, 2005, for
the same purpose, subject to the availability of
revenue as
determined by the Director of the Public Works
Commission.
Section 11. PROVISIONS OF LAW GENERALLY APPLICABLE TO
APPROPRIATIONS Law contained in the main operating appropriations act of the
125th 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 12. 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 13. 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 14. Sections 4501.21, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.75, 5502.39, 5531.10, 5735.29, and 5735.291 of the Revised Code, as amended or enacted by this act, and the items of law of which such sections as amended or 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 amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, go into immediate effect when this act becomes law.
Section 15. The repeal by this act of sections 4501.20, 4501.22, 4501.29, 4501.30, 4501.311, 4501.32, 4501.33, 4501.39, 4501.40, 4501.41, 4501.61, 4501.71, and 4503.251 of the Revised Code is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such repeals go into immediate effect when this act becomes law.
Section 16. 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 amendment, enactment, or repeal by this act of a
codified or uncodified section of law is not subject to the
referendum, the corresponding indications in the amending, enacting, or
repeal clauses commanding the amendment, enactment, or repeal also are not subject to the referendum, the same as the amendment, enactment,
or repeal.
Section 17. 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 18. Section 4503.10 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 94, S.B. 31, and Sub. S.B. 59, all of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 19. The version of section 4503.10 of the Revised Code that is scheduled to take effect January 1, 2004, is presented in
this act as a composite of the section as amended by both Sub. S.B. 59 and Am. Sub. S.B. 123 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 20. Section 4503.51 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 21. Section 4503.55 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 22. 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.
|
|