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H. B. No. 443 As IntroducedAs Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representative Uecker
A BILL
To amend sections 123.01, 123.04, 307.37, 1501.011, 1501.07, 1501.32, 1502.01, 1502.03, 1502.12, 1503.23, 1504.02, 1506.04, 1507.01, 1515.10, 1517.02, 1517.11, 1517.14, 1517.15, 1520.02, 1520.03, 1520.05, 1520.07, 1521.01, 1521.04, 1521.05, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1525.11, 1525.12, 1531.01, 1531.02, 1531.04, 1531.06, 1531.17, 1531.20, 1531.99, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 1533.171, 1533.68, 1533.86, 1541.03, 1541.05, 1541.22, 1547.08, 1547.51, 1547.54, 1547.541, 1547.75, 1547.99, 1548.02, 2923.35, 2933.43, 4115.04, and 6111.034; to enact sections 1515.093 and 1517.052; and to repeal sections 1502.11 and 1521.08 of the Revised Code to revise the statutes governing the Department of Natural Resources.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 123.01, 123.04, 307.37, 1501.011, 1501.07, 1501.32, 1502.01, 1502.03, 1502.12, 1503.23, 1504.02, 1506.04, 1507.01, 1515.10, 1517.02, 1517.11, 1517.14, 1517.15, 1520.02, 1520.03, 1520.05, 1520.07, 1521.01, 1521.04, 1521.05, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1525.11, 1525.12, 1531.01, 1531.02, 1531.04, 1531.06, 1531.17, 1531.20, 1531.99, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 1533.171, 1533.68, 1533.86, 1541.03, 1541.05, 1541.22, 1547.08, 1547.51, 1547.54, 1547.541, 1547.75, 1547.99, 1548.02, 2923.35, 2933.43, 4115.04, and 6111.034 be amended and sections 1515.093 and 1517.052 of the Revised Code be enacted to read as follows:
Sec. 123.01. (A) The department of administrative
services, in addition to those powers enumerated in Chapters 124.
and 125. of the Revised Code and provided elsewhere by law,
shall exercise the following powers: (1) To prepare, or contract to be prepared, by licensed
engineers or architects, surveys, general and detailed plans,
specifications, bills of materials, and estimates of cost for any
projects, improvements, or public buildings to be constructed by
state agencies that may be authorized by legislative
appropriations or any other funds made available therefor,
provided that the construction of the projects, improvements, or
public buildings is a statutory duty of the department. This
section does not require the independent employment of an
architect or engineer as provided by section 153.01 of the
Revised Code in the cases to which that section applies nor
affect or alter the existing powers of the director of
transportation. (2) To have general supervision over the construction of
any projects, improvements, or public buildings constructed for a
state agency and over the inspection of materials previous to
their incorporation into those projects, improvements, or
buildings; (3) To make contracts for and supervise the construction
of any projects and improvements or the construction and repair
of buildings under the control of a state agency, except
contracts for the repair of buildings under the management and
control of the departments of public safety, job and
family services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the bureau of
workers' compensation, the
rehabilitation
services commission, and boards of trustees of educational and
benevolent institutions and except contracts for the construction of projects that do not require the issuance of a building permit or the issuance of a certificate of occupancy and that are necessary to remediate conditions at a hazardous waste facility, solid waste facility, or other location at which the director of environmental protection has reason to believe there is a substantial threat to public health or safety or the environment. These contracts shall be made and
entered into by the directors of public safety, job and
family services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the
administrator of workers' compensation, the rehabilitation services commission,
the
boards of
trustees of such institutions, and the director of environmental protection, respectively. All such contracts
may be in whole or in part on unit price basis of maximum
estimated cost, with payment computed and made upon actual
quantities or units. (4) To prepare and suggest comprehensive plans for the
development of grounds and buildings under the control of a state
agency; (5) To acquire, by purchase, gift, devise, lease, or
grant, all real estate required by a state agency, in the
exercise of which power the department may exercise the power of
eminent domain, in the manner provided by sections 163.01 to
163.22 of the Revised Code; (6) To make and provide all plans, specifications, and
models for the construction and perfection of all systems of
sewerage, drainage, and plumbing for the state in connection with
buildings and grounds under the control of a state agency; (7) To erect, supervise, and maintain all public monuments
and memorials erected by the state, except where the supervision
and maintenance is otherwise provided by law; (8) To procure, by lease, storage accommodations for a
state agency; (9) To lease or grant easements or licenses for
unproductive and unused lands or other property under the control
of a state agency. Such leases, easements, or licenses shall be
granted for a period not to exceed fifteen years and shall be
executed for the state by the director of administrative services
and the governor and shall be approved as to form by the attorney
general, provided that leases, easements, or licenses may be
granted to any county, township, municipal corporation, port
authority, water or sewer district, school district, library
district, health district, park district, soil and water
conservation district, conservancy district, or other political
subdivision or taxing district, or any agency of the United
States government, for the exclusive use of that agency,
political subdivision, or taxing district, without any right of
sublease or assignment, for a period not to exceed fifteen years,
and provided that the director shall grant leases, easements, or
licenses of university land for periods not to exceed twenty-five
years for purposes approved by the respective university's board
of trustees wherein the uses are compatible with the uses and
needs of the university and may grant leases of university land
for periods not to exceed forty years for purposes approved by
the respective university's board of trustees pursuant to section
123.77 of the Revised Code. (10) To lease office space in buildings for the use of a
state agency; (11) To have general supervision and care of the
storerooms, offices, and buildings leased for the use of a state
agency; (12) To exercise general custodial care of all real
property of the state; (13) To assign and group together state offices in any
city in the state and to establish, in cooperation with the state
agencies involved, rules governing space requirements for office
or storage use; (14) To lease for a period not to exceed forty years,
pursuant to a contract providing for the construction thereof
under a lease-purchase plan, buildings, structures, and other
improvements for any public purpose, and, in conjunction
therewith, to grant leases, easements, or licenses for lands
under the control of a state agency for a period not to exceed
forty years. The lease-purchase plan shall provide that at the
end of the lease period, the buildings, structures, and related
improvements, together with the land on which they are situated,
shall become the property of the state without cost. (a) Whenever any building, structure, or other improvement
is to be so leased by a state agency, the department shall retain
either basic plans, specifications, bills of materials, and
estimates of cost with sufficient detail to afford bidders all
needed information or, alternatively, all of the following plans,
details, bills of materials, and specifications: (i) Full and accurate plans suitable for the use of
mechanics and other builders in the improvement; (ii) Details to scale and full sized, so drawn and
represented as to be easily understood; (iii) Accurate bills showing the exact quantity of
different kinds of material necessary to the construction; (iv) Definite and complete specifications of the work to
be performed, together with such directions as will enable a
competent mechanic or other builder to carry them out and afford
bidders all needed information; (v) A full and accurate estimate of each item of expense
and of the aggregate cost thereof. (b) The department shall give public notice, in such
newspaper, in such form, and with such phraseology as the
director of administrative services prescribes, published once
each week for four consecutive weeks, of the time when and place
where bids will be received for entering into an agreement to
lease to a state agency a building, structure, or other
improvement. The last publication shall be at least eight days
preceding the day for opening the bids. The bids shall contain
the terms upon which the builder would propose to lease the
building, structure, or other improvement to the state agency.
The form of the bid approved by the department shall be used, and
a bid is invalid and shall not be considered unless that form is
used without change, alteration, or addition. Before submitting
bids pursuant to this section, any builder shall comply with
Chapter 153. of the Revised Code. (c) On the day and at the place named for receiving bids
for entering into lease agreements with a state agency, the
director of administrative services shall open the bids and shall
publicly proceed immediately to tabulate the bids upon duplicate
sheets. No lease agreement shall be entered into until the
bureau of workers' compensation has certified that the person to
be awarded the lease agreement has complied with Chapter 4123. of
the Revised Code, until, if the builder submitting the lowest and
best bid is a foreign corporation, the secretary of state has
certified that the corporation is authorized to do business in
this state, until, if the builder submitting the lowest and best
bid is a person nonresident of this state, the person has filed
with the secretary of state a power of attorney designating the
secretary of state as its agent for the purpose of accepting
service of summons in any action brought under Chapter 4123. of
the Revised Code, and until the agreement is submitted to the
attorney general and the attorney general's approval is certified
thereon. Within
thirty days after the day on which the bids are received, the
department shall investigate the bids received and shall
determine that the bureau and the secretary of state have made
the certifications required by this section of the builder who
has submitted the lowest and best bid. Within ten days of the
completion of the investigation of the bids, the department shall
award the lease agreement to the builder who has submitted the
lowest and best bid and who has been certified by the bureau and
secretary of state as required by this section. If bidding for
the lease agreement has been conducted upon the basis of basic
plans, specifications, bills of materials, and estimates of
costs, upon the award to the builder the department, or the
builder with the approval of the department, shall appoint an
architect or engineer licensed in this state to prepare such
further detailed plans, specifications, and bills of materials as
are required to construct the building, structure, or
improvement. The department shall adopt such rules as are
necessary to give effect to this section. The department may
reject any bid. Where there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned therein shall be rejected. (15) To acquire by purchase, gift, devise, or grant and to
transfer, lease, or otherwise dispose of all real property
required to assist in the development of a conversion facility as
defined in section 5709.30 of the Revised Code as that section existed before its repeal by Amended Substitute House Bill 95 of the 125th general assembly; (16) To lease for a period not to exceed forty years,
notwithstanding any other division of this section, the
state-owned property located at 408-450 East Town Street,
Columbus, Ohio, formerly the state school for the deaf, to a
developer in accordance with this section. "Developer," as used
in this section, has the same meaning as in section 123.77 of the
Revised Code. Such a lease shall be for the purpose of development of the
land for use by senior citizens by constructing, altering,
renovating, repairing, expanding, and improving the site as it
existed on June 25, 1982. A developer desiring to lease the land
shall prepare for submission to the department a plan for
development. Plans shall include provisions for roads, sewers,
water lines, waste disposal, water supply, and similar matters to
meet the requirements of state and local laws. The plans shall
also include provision for protection of the property by
insurance or otherwise, and plans for financing the development,
and shall set forth details of the developer's financial
responsibility. The department may employ, as employees or consultants,
persons needed to assist in reviewing the development plans.
Those persons may include attorneys, financial experts,
engineers, and other necessary experts. The department shall
review the development plans and may enter into a lease if it
finds all of the following: (a) The best interests of the state will be promoted by
entering into a lease with the developer; (b) The development plans are satisfactory; (c) The developer has established the developer's financial
responsibility and satisfactory plans for financing the
development. The lease shall contain a provision that construction or
renovation of the buildings, roads, structures, and other
necessary facilities shall begin within one year after the date
of the lease and shall proceed according to a schedule agreed to
between the department and the developer or the lease will be
terminated. The lease shall contain such conditions and
stipulations as the director considers necessary to preserve the
best interest of the state. Moneys received by the state
pursuant to this lease shall be paid into the general revenue
fund. The lease shall provide that at the end of the lease
period the buildings, structures, and related improvements shall
become the property of the state without cost. (17) To lease to any person any tract of land owned by the
state and under the control of the department, or any part of
such a tract, for the purpose of drilling for or the pooling of
oil or gas. Such a lease shall be granted for a period not
exceeding forty years, with the full power to contract for,
determine the conditions governing, and specify the amount the
state shall receive for the purposes specified in the lease, and
shall be prepared as in other cases.
(18) To manage the use of space owned and controlled by the department, including space in property under the jurisdiction of the Ohio building authority, by doing all of the following: (a) Biennially implementing, by state agency location, a census of agency employees assigned space; (b) Periodically in the discretion of the director of administrative services: (i) Requiring each state agency to categorize the use of space allotted to the agency between office space, common areas, storage space, and other uses, and to report its findings to the department;
(ii) Creating and updating a master space utilization plan for all space allotted to state agencies. The plan shall incorporate space utilization metrics. (iii) Conducting a cost-benefit analysis to determine the effectiveness of state-owned buildings; (iv) Assessing the alternatives associated with consolidating the commercial leases for buildings located in Columbus. (c) Commissioning a comprehensive space utilization and capacity study in order to determine the feasibility of consolidating existing commercially leased space used by state agencies into a new state-owned facility. (B) This section and section 125.02 of the Revised Code
shall not interfere with any of the following: (1) The power of the adjutant general to purchase military
supplies, or with the custody of the adjutant general of property
leased, purchased, or constructed by the state and used for
military purposes, or with the functions of the adjutant general
as director of state armories; (2) The power of the director of transportation in
acquiring rights-of-way for the state highway system, or the
leasing of lands for division or resident district offices, or
the leasing of lands or buildings required in the maintenance
operations of the department of transportation, or the purchase of
real property
for garage sites or division or resident district offices, or in
preparing plans and specifications for and constructing such
buildings as the director may require in the administration of
the department; (3) The power of the director of public safety and the
registrar of motor vehicles to purchase or lease real property
and buildings to be used solely as locations to which a deputy
registrar is assigned pursuant to division (B) of section
4507.011 of the Revised Code and from which the deputy registrar is
to conduct the deputy registrar's business, the power of the director of
public safety to purchase or lease real property and buildings to be used as
locations for division or district offices as required in the maintenance of
operations of the department of public safety, and the power of the
superintendent of the state
highway patrol in the purchase or leasing of real property and
buildings needed by the patrol, to negotiate the sale of real property owned
by the patrol, to rent or lease real property owned or leased by the patrol,
and to make or cause to be made repairs to all property owned or under the
control of the patrol; (4) The power of the division of liquor control in the
leasing or purchasing of retail outlets and warehouse facilities
for the use of the division; (5) The power of the director of development to enter into leases
of real property, buildings, and office space to be used solely as locations
for the state's foreign offices to carry out the purposes of section 122.05
of the Revised Code; (6) The power of the director of environmental protection to enter into environmental covenants, to grant and accept easements, or to sell property pursuant to division (G) of section 3745.01 of the Revised Code; (7) The power of the director of natural resources, pursuant to section 1501.01 of the Revised Code, to enter into leases of real property, buildings, and office space for the use of the department of natural resources, to purchase real property for division or district offices, or to prepare plans and specifications for and construct any buildings or other facilities that the director may require for the administration of the department. (C) Purchases for, and the custody and repair of,
buildings under the management and control of the capitol square
review and advisory board, the rehabilitation services commission, the bureau of
workers' compensation, or the
departments of public safety,
job and family services, mental health, mental retardation
and
developmental disabilities, and rehabilitation and correction,
and buildings of educational and benevolent institutions under
the management and control of boards of trustees, are not subject
to the control and jurisdiction of the department of
administrative services. (D) Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 123.04. The director of administrative services shall be appointed
superintendent of public works and shall have the care and control of the
public works of the state except as provided in section 1521.08 of the Revised
Code and shall protect, maintain, and keep them in repair. Subject to the approval of the governor, the director may purchase on behalf
of the state such real or personal property, rights, or privileges as are
necessary, in the director's judgment, to acquire in the
maintenance of the public works
or their improvement. Any instrument by which the state or an agency of the state acquires real
property pursuant to this section shall identify the agency of the state that
has the use and benefit of the real property as specified in section 5301.012
of the Revised Code.
Sec. 307.37. (A)
As used in division (B)(3) of this section, "proposed
new
construction" means a proposal to erect, construct, repair, alter,
redevelop, or maintain a single-family, two-family, or
three-family dwelling or any structure that is regulated by the Ohio building code. (B)(1)(a) The board of county commissioners may adopt local residential building regulations governing residential buildings as defined in section 3781.06 of the Revised Code, to be enforced within the unincorporated area of the county or within districts the board establishes in any part of the unincorporated area. No local residential building regulation shall differ from the state residential building code the board of building standards establishes pursuant to Chapter 3781. of the Revised Code unless the regulation addresses subject matter not addressed by the state residential building code or is adopted pursuant to section 3781.01 of the Revised Code. (b) The board of county commissioners may, by resolution, adopt, administer, and enforce within the unincorporated area of the county, or within districts the board establishes in the unincorporated area, an existing structures code pertaining to the repair and continued maintenance of structures and the premises of those structures provided that the existing structures code governs subject matter not addressed by, and is not in conflict with, the state residential building code adopted pursuant to Chapter 3781. of the Revised Code. The board may adopt by incorporation by reference a model or standard code prepared and promulgated by the state, any agency of this state, or any private organization that publishes a recognized or standard existing structures code. (c) The board shall assign the duties of administering and enforcing any local residential building regulations or existing structures code to a county officer or employee who is trained and qualified for those duties and shall establish by resolution the minimum qualifications necessary to perform those duties. (2) The board may adopt regulations for
participation in the national flood insurance program established
in the
"Flood Disaster Protection Act of 1973," 87 Stat. 975, 42
U.S.C.A. 4002, as amended, defined in section 1521.01 of the Revised Code and regulations adopted for the
purposes of section 1506.04 or 1506.07 of the Revised Code
governing the prohibition, location, erection, construction,
redevelopment, or floodproofing of new buildings or structures,
substantial improvements to existing buildings or structures, or
other development in unincorporated territory within flood hazard
areas identified under the
"Flood Disaster Protection Act of
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or within
Lake
Erie coastal erosion areas identified
under section 1506.06 of
the
Revised Code, including, but not limited to, residential,
commercial, institutional, or industrial buildings or structures
or other permanent structures, as
defined in section
1506.01 of the Revised Code. Rules adopted under division
(B)(2)
of this section shall not conflict with the state residential and nonresidential
building codes adopted pursuant to section 3781.10 of the Revised Code. (3)(a)
A board may adopt regulations that
provide
for a review of the specific effects of a proposed new
construction on
existing surface or
subsurface drainage.
The
regulations may
require reasonable drainage mitigation and
reasonable alteration of a
proposed new construction before a
building
permit is issued in order
to prevent or
correct any
adverse
effects that the proposed new construction may
have
on
existing
surface or subsurface drainage. The regulations shall not be inconsistent with, more stringent than, or broader in scope than standards adopted by the natural resource conservation service in the United States department of agriculture concerning drainage or rules adopted by the environmental protection agency for reducing, controlling, or mitigating storm water runoff from construction sites, where applicable. The regulations shall allow a person who is registered under Chapter 4703. or 4733. of the Revised Code to prepare and submit relevant plans and other documents for review, provided that the person is authorized to prepare the plans and other documents pursuant to the person's registration. (b) If regulations are adopted under division (B)(3) of this
section, the board shall specify in the regulations a procedure
for the review of the specific effects of a proposed
new
construction on
existing surface or subsurface drainage. The
procedure shall
include at a minimum all of the following:
(i) A meeting at which the proposed new construction shall
be
examined for those specific effects. The meeting shall be held
within
thirty days after an application for a building permit is
filed or a review is requested
unless the applicant agrees in writing to extend that time
period
or to postpone the meeting to another date, time, or place.
The
meeting shall be scheduled within five days after an
application
for a building permit is filed or a review is requested. (ii) Written notice of the date, time, and place of that
meeting, sent by regular mail to the applicant. The written
notice shall be mailed at least seven days before the scheduled
meeting date. (iii) Completion of the review by the board of county
commissioners not later than thirty days after the application for
a building permit is filed or a review is requested unless the applicant has agreed in
writing to extend that time period or postpone the meeting to a
later time, in which case the review shall be completed not later
than two days after the date of the meeting. A complete review
shall include the issuance of any order of the board of county
commissioners regarding necessary reasonable drainage mitigation
and
necessary reasonable alterations to the proposed
new
construction
to prevent or correct any adverse effects on existing
surface
or
subsurface drainage so long as those alterations comply with the state residential and nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code. If the review is not completed
within the
thirty-day period or an extended or postponed period
that the
applicant has agreed to, the proposed new construction
shall be
deemed
to have no adverse effects on existing surface or
subsurface
drainage, and those effects shall not be a valid basis
for the denial of a
building permit. (iv) A written statement, provided to the applicant at the
meeting or in an order for alterations to a proposed new
construction,
informing the applicant of the right to seek
appellate review of
the denial of a building permit under division
(B)(3)(b)(iii) of
this section by filing a petition in accordance
with Chapter 2506.
of the Revised Code.
(c) The regulations may authorize the board, after obtaining the advice of the county engineer, to enter into
an agreement with the county
engineer or another
qualified
person
or
entity to carry out
any necessary
inspections and make
evaluations about what, if any,
alterations
are
necessary to
prevent or correct any adverse
effects that a
proposed
new
construction may
have on existing
surface or
subsurface drainage. (d) Regulations adopted pursuant to division (B)(3) of this
section shall not apply to any property that a platting authority has approved under section 711.05, 711.09, or 711.10 of the Revised Code and shall not govern the same subject matter as the state residential or nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code. (e) As used in division (B)(3) of this section, "subsurface
drainage" does not include a household sewage treatment system as
defined in section 3709.091 of the Revised Code. (C)(1) Any regulation, code, or amendment may be adopted under this
section only after a public hearing at not fewer than two regular or special
sessions of the board. The board shall cause notice of any public hearing to be published in
a
newspaper of general circulation in the county once a week for the two consecutive weeks immediately preceding the hearing, except that if the board posts the hearing notice on the board's internet site on the world wide web, the board need publish only one notice of the hearing in a newspaper of general circulation if that newspaper notice includes the board's internet site and a statement that the notice is also posted on the internet site. Any notice of a
public hearing shall include the time, date, and place of the hearing. (2) Any proposed
regulation, code, or amendment shall be made available to
the public at the board office. The regulations or amendments
shall take effect on the thirty-first day following the date of
their adoption. (D)(1) No person shall violate any regulation, code, or amendment the
board
adopts under sections 307.37 to 307.40 of the Revised Code. (2) Each day during which an illegal location, erection,
construction, floodproofing, repair, alteration, development,
redevelopment, or maintenance continues may be considered a
separate offense. (E) Regulations
or amendments the board adopts pursuant to this section, with the exception of an existing structures code, do
not
affect buildings or structures that exist or on
which
construction has begun on or before the date the board adopts the regulation
or
amendment. (F)(1) The board may create a building
department and employ the
personnel
it determines
necessary to administer and enforce any local residential building regulations or existing structures code the board adopts pursuant to this section. The building department may enforce the state residential and nonresidential building codes adopted pursuant to Chapter 3781. of the Revised Code if the building department is certified pursuant to section 3781.10 of the Revised Code to enforce those codes. (2) The board may direct the building
department, upon certification, to exercise enforcement authority and to accept and
approve plans pursuant to sections 3781.03 and 3791.04 of the
Revised Code for the class of building for which the department and personnel are certified.
Sec. 1501.011. (A) The department of natural resources has the
following powers in addition to its other
powers: to prepare, or contract to be prepared, surveys, general and detailed
plans,
specifications, bills of materials, and estimates of cost for, to
enter into contracts for, and to supervise the performance of
labor, the furnishing of materials, or the construction, repair,
or maintenance of any projects, improvements, or buildings, on
lands and waters under the control of the department, as may be
authorized by legislative appropriations or any other funds
available therefor. (B) Except in cases of extreme public exigency or emergency as provided in division (E) of this section,
the director of natural resources shall publish notice in a
newspaper of general circulation in the county region where the contract
activity for which bids are submitted is to be let occur and in any other newspapers that the director determines are appropriate, at least once each week for four consecutive weeks,
the last publication to be at least eight days preceding the day
for opening bids, seeking proposals on each contract for the
performance of labor, the furnishing of materials, or the
construction, repair, or maintenance of projects, improvements,
or buildings, as necessary for compliance with provisions of the
act to make appropriations for capital improvements or the act to
make general appropriations, and he the director may also
advertise in such trade journals as will afford adequate information to the
public
of the terms of the contract and the nature of the work to be
performed, together with the time of the letting and place and
manner of receiving proposals, and the places where plans and
specifications are on file. A proposal is invalid and shall not
be considered by the department unless the form for proposals
specified by the department is used without change, alteration,
or addition. (C) Each bidder for a contract for the performance of labor,
the furnishing of materials, or the maintenance, construction,
demolition, alteration, repair, or reconstruction of an
improvement shall meet the requirements of section 153.54 of the
Revised Code. The director may require each bidder to furnish
him under oath, upon such printed forms as he the
director may prescribe,
detailed information with respect to his the bidder's financial
resources, equipment, past performance record, organization personnel, and
experience, together with such other information as the director
considers necessary. (D) The director shall award the contract to the lowest
responsive and responsible bidder in accordance with section
9.312 of the Revised Code. The award shall be made within a
reasonable time after the date on which the bids were opened, and
the successful bidder shall enter into a contract within ten days
from the date he the successful bidder is notified that
he the contract has been awarded the contract, or within any
longer period which that the director
considers necessary. When an exigency occurs, or there is
immediate danger of such occurrence, which would materially
impair the construction or completion of any project,
improvement, or building, the director may make necessary plan
and specification change orders. Nothing in this section shall
preclude the rejection of any bid the acceptance of which is not
in the best interests of the state. No contract shall be entered
into until the bureau of workers' compensation has certified that
the corporation, partnership, or person awarded the contract has
complied with Chapter 4123. of the Revised Code and until, if the
bidder awarded the contract is a foreign corporation, the
secretary of state has certified that such the corporation is
authorized to do business in this state, and until, if the bidder
so awarded the contract is a person or partnership nonresident of
this state, such the person or partnership has filed with the
secretary of state a power of attorney designating the secretary
of state as its agency for the purpose of accepting service of
process. The director may enter (E) With respect to the director's entering into a contract without advertising
for and receiving bids for the performance of labor, the
furnishing of materials, or the construction, repair, or
maintenance of any projects, improvements, or buildings on lands
and waters under the control of the department, both of the following apply:
(1) The director is not required to advertise for and receive bids if the total estimated cost of which the contract
is less than ten twenty-five thousand dollars.
(2) The director is not required to advertise for bids, regardless of the cost of the contract, if the contract involves an exigency that concerns the public health, safety, or welfare or addresses an emergency situation in which timeliness is crucial in preventing the cost of the contract from increasing significantly. Regarding such a contract, the director may solicit bids by sending a letter to a minimum of three contractors in the region where the contract is to be let or by any other means that the director considers appropriate. (F) The director may insert in any contract awarded under this
section a clause providing for value engineering change
proposals, under which a contractor who has been awarded a
contract may propose a change in the plans and specifications of
the project that saves the department time or money on the
project without impairing any of the essential functions and
characteristics of the project such as service life,
reliability, economy of operation, ease of maintenance, safety,
and necessary standardized features. If the director adopts the
value engineering proposal, the savings from the proposal shall
be divided between the department and the contractor according
to guidelines established by the director, provided that the contractor shall
receive at least fifty per cent of the savings from the proposal. The
adoption of a
value engineering proposal does not invalidate the award of the
contract or require the director to rebid the project. (G) When in the opinion of the department the work under any
contract made under this section or any law of the state is
neglected by the contractor, the work completed is deficient in quality or materials, or such the work is not prosecuted with
the diligence and force specified or intended in the contract,
the department may make requisition upon require the contractor for such
additional specific force or materials to be brought into the
work under such contract or to remove improper materials from the
grounds as in their judgment the contract and its faithful
fulfillment requires. Not less than five days' notice in writing
of such action shall be served upon the contractor or his agent in charge of the work to provide, at no additional expense to the department, any additional labor and materials that are necessary to complete the improvements at the level of quality and within the time of performance specified in the contract. Procedures concerning such a requirement together with its format shall be specified in the contract. If the contractor fails to
comply with
such requisition the requirement within fifteen days the period specified in the contract, the department may employ
upon take action to complete the work the additional force, or supply the special
materials or such part of either as it considers
proper, and may
remove improper materials from the grounds through other means, up to and including termination of the contract. (H) When an exigency occurs or there is immediate danger of an exigency that would materially impair the successful bidding, construction, or completion of a project, improvement, or building, the director may revise related plans and specifications as necessary to address the exigency through the issuance of an addendum prior to the opening of bids or, in accordance with procedures established in section 153.62 of the Revised Code, through the issuance of a change order after the contract has been awarded.
Sec. 1501.07. The department of natural resources through
the division of parks and recreation may plan, supervise,
acquire, construct, enlarge, improve, erect, equip, and furnish
public service facilities such as inns, lodges, hotels, cabins cottages,
camping sites, scenic trails, picnic sites, restaurants,
commissaries, golf courses, boating and bathing facilities, and
other similar facilities in state parks reasonably necessary and
useful in promoting the public use of state parks under its
control and may purchase lands or interests in lands in the name
of the state necessary for such those purposes. The chief of the division of parks and recreation shall
administer state parks, establish rules, fix fees and charges for
admission to parks and for the use of public service facilities
therein, establish rentals for the lease of lands or interests
therein within a state park the chief is authorized by
law to
lease, and exercise all powers of the chief, in
conformity with
all covenants of the director of natural resources in or with
respect to state park revenue bonds and trust agreements securing
such bonds and all terms, provisions, and conditions of such
bonds and trust agreements. In the administration of state parks
with respect to which state park revenue bonds are issued and
outstanding, or any part of the moneys received from fees and
charges for admission to or the use of facilities, from rentals for
the lease of lands or interests or facilities therein, or for the
lease of public service facilities are pledged for any such
bonds, the chief shall exercise the powers and perform the duties
of the chief subject to the control and approval of
the
director. The acquisition of such lands or interests therein and
facilities shall be planned with regard to the needs of the
people of the state and with regard to the purposes and uses of
such state parks and, except for facilities constructed in
consideration of a lease under section 1501.012 of the Revised
Code, shall be paid for from the state park fund created in
section 1541.22 of the Revised Code or from the proceeds of the sale of bonds
issued under sections 1501.12 to 1501.15 of the
Revised Code. Sections 125.81 and 153.04 of the Revised Code,
insofar as they require a certification by the chief of the
division of capital planning and improvement, do not apply to the
acquisition of lands or interests therein and public service
facilities to be paid for from the proceeds of bonds issued under
sections 1501.12 to 1501.15 of the Revised Code. As used in sections 1501.07 to 1501.14 of the Revised Code,
state parks are all of the following: (A) State reservoirs described and identified in section
1541.06 of the Revised Code; (B) All lands or interests therein which that are denominated
as state parks in division (B) of section 1531.12 and in section
1541.083 of the Revised Code; (C) All lands or interests therein of the state identified
as administered by the division of parks and recreation in the
"inventory of state owned lands administered by department of
natural resources as of June 1, 1963," as recorded in the journal
of the director, which inventory was prepared by the real estate
section of the department and is supported by maps on file in the division
of real estate and land management; (D) All lands or interests in lands of the state hereafter
designated as state parks in the journal of the director with the
approval of the recreation and resources
council. All such state parks shall be exclusively under the control
and administration of the division of parks and recreation. With
the approval of the council, the director by order
may remove
from the classification as state parks any of the lands or
interests therein so classified by divisions (C) and (D) of this
section, subject to the limitations, provisions, and conditions
in any order authorizing state park revenue bonds or in any
trust agreement securing such bonds. Lands or interests therein
so removed shall be transferred to other divisions of the
department for administration or may be sold as provided by law. Proceeds of
any sale shall be used or transferred as provided in
the order authorizing state park revenue bonds or in the trust
agreement and, if no such provision is made, shall be transferred
to the state park fund. State parks do not include any lands or
interest in lands of the state administered jointly by two or
more divisions of the department. The designation of lands as
state parks under divisions (A) to (D) of this section shall be
conclusive, and those lands shall be under the control of and
administered by the division of parks and recreation. No order
or proceeding designating lands as state parks or park purchase
areas shall be subject to any appeal or review by any officer,
board, commission, or court.
Sec. 1501.32. (A) No person shall divert more than one
hundred thousand gallons per day of any waters of the state out
of the Lake Erie or Ohio river drainage basins to another basin
without having a permit to do so issued by the director of
natural resources. An application for such a permit shall be
filed with the director upon such forms as he the director
prescribes. The application shall state the quantity of water to be diverted,
the purpose of the diversion, the life of the project for which the
water is to be diverted, and such other information as the
director may require by rule. Each application shall be
accompanied by a nonrefundable fee of one thousand dollars, which
shall be credited to the water management fund, which is hereby
created. (B) The director shall not approve a permit application
filed under this section if he the director determines that any
of the following apply applies: (1) During the life of the project for which the water is
to be diverted, some or all of the water to be diverted will be
needed for use within the basin;. (2) The proposed diversion would endanger the public
health, safety, or welfare;. (3) The applicant has not demonstrated that the proposed
diversion is a reasonable and beneficial use and is necessary to
serve the applicant's present and future needs;. (4) The applicant has not demonstrated that reasonable
efforts have been made to develop and conserve water resources in
the importing basin and that further development of those
resources would engender overriding, adverse economic, social, or
environmental impacts;. (5) The proposed diversion is inconsistent with regional
or state water resources plans;. (6) The proposed diversion, alone or in combination with
other diversions and water losses, will have a significant
adverse impact on in-stream uses or on economic or ecological
aspects of water levels. The director may hold public hearings upon any application
for a permit. (C) Whenever the director receives an application under
this section to divert water out of the Lake Erie drainage basin,
he the director shall notify the governors and premiers of the
other great lakes states and provinces, the appropriate water management
agencies of those states and provinces, and, when appropriate,
the international joint commission and shall solicit their
comments and concerns regarding the application. In the event of
an objection to the proposed diversion, the director shall
consult with the affected great lakes states and provinces to
consider the issues involved and seek mutually agreeable
recommendations. Before rendering a decision on the permit
application, the director shall consider the concerns, comments,
and recommendations of the other great lakes states and provinces
and the international joint commission, and, in accordance with
section 1109 of the "Water Resources Development Act of 1986,"
100 Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not
approve a permit application for any diversion to which that
section pertains unless that diversion is approved by the
governor of each great lakes state as defined in section 1109(c)
of that act. (D) The director shall determine the period for which each
permit approved under this section will be valid and specify the
expiration date, but in no case shall a permit be valid beyond
the life of the project as stated in the application. The director shall establish rules providing for the
transfer of permits. A permit may be transferred on the
conditions that the quantity of water diverted not be increased
and that the purpose of the diversion not be changed. (E)(1) Within a time established by rule, the director
shall do one of the following: (a) Notify the applicant that an application he the applicant
filed under this section is approved or denied and, if denied, the
reason for denial; (b) Notify the applicant of any modification necessary to
qualify the application for approval. (2) Any person who receives notice of a denial or
modification under division (E)(1) of this section is entitled to
a hearing under Chapter 119. of the Revised Code if the person
sends a written request for a hearing to the director within
thirty days after the date on which the notice is mailed or
otherwise provided to the applicant. (F) The director shall revoke a permit under this section
without a prior hearing if he the director determines that the
quantity of water being diverted exceeds the quantity stated in the permit
application. The director may suspend a permit if he the director determines
that the continued diversion of water will endanger the public health,
safety, or welfare. Before suspending a permit, the director
shall make a reasonable attempt to notify the permittee that he the
director intends to suspend the permit. If the attempt fails,
notification shall be given as soon as practicable following the
suspension. Within five days after the suspension, the director
shall provide the permittee an opportunity to be heard and to
present evidence that the continued diversion of water will not
endanger the public health, safety, or welfare. If the director determines before the expiration date of a
suspended permit that the diversion of water can be resumed
without danger to the public health, safety, or welfare, he the
director shall, upon request of the permittee, reinstate the permit. (G) Any six or more residents of this state may petition
the director for an investigation of a withdrawal of water
resources that they allege is in violation of a permit issued
under this section. The petition shall identify the permittee and detail the
reasons why the petitioners believe that grounds exist for the
revocation or suspension of the permit under this section. Upon receipt of the petition, the director shall send a
copy to the permittee and, within sixty days, make a
determination whether grounds exist for revocation or suspension
of the permit under this section. (H) Each permittee shall submit to the director an
annual report containing such information as the director may
require by rule. (I) The director shall issue a permit under division (A) of this section to any person who lawfully diverted more than one hundred thousand gallons per day of any waters of the state out of the Ohio river drainage basin during the calendar year ending October 14, 1984. A person who is eligible for a permit under this division shall file an application under division (A) of this section not later than one hundred eighty days after the effective date of this amendment.
A person who applies for a permit under this division need not pay the application fee that is otherwise required under division (A) of this section. In addition, divisions (B) to (H) of this section and rules adopted under section 1501.31 of the Revised Code do not apply to an application that is filed or a permit that is issued under this division.
Sec. 1502.01. As used in this chapter: (A) "Litter" means garbage, trash, waste, rubbish, ashes,
cans, bottles, wire, paper, cartons, boxes, automobile parts,
furniture, glass, or anything else of an unsightly or unsanitary
nature thrown, dropped, discarded, placed, or deposited by a
person on public property, on private property not owned by the
person,
or in or on waters of the state unless one of the following
applies: (1) The person has been directed to do so by a public
official as part of a litter collection drive;. (2) The person has thrown, dropped, discarded, placed, or
deposited the material in a receptacle in a manner that prevented
its being carried away by the elements;. (3) The person has been issued a permit or license
covering the material pursuant to Chapter 3734. or 6111. of the
Revised Code. (B) "Recycling" means the process of collecting, sorting,
cleansing, treating, and reconstituting waste or other discarded
materials for the purpose of recovering and reusing the
materials. (C) "Agency of the state" includes, but is not limited to,
an "agency" subject to Chapter 119. of the Revised Code and a
"state university or college" as defined in section 3345.12 of
the Revised Code. (D) "Waste Source reduction" means activities that decrease the
initial production of waste materials at their point of origin. (E) "Enterprise" means a business with its principal place
of business in this state and that proposes to engage in research
and development or recycling in this state. (F) "Research and development" means inquiry,
experimentation, or demonstration to advance basic scientific or
technical knowledge or the application, adaptation, or use of
existing or newly discovered scientific or technical knowledge
regarding recycling, waste source reduction, or litter prevention. (G) "Recyclables" means waste materials that are
collected, separated, or processed and used as raw materials or
products. (H) "Recycling market development" means activities that
stimulate the demand for recycled products, provide for a
consistent supply of recyclables to meet the needs of recycling
industries, or both. (I) "Solid waste management districts" means solid waste
management districts established under Chapter 343. of the
Revised Code.
(J) "Synthetic rubber" means produced or extended rubber and products made from a synthetic rubber base material originating from petrochemical feedstocks, including scrap tires, tire molds, automobile engine belts, brake pads and hoses, weather stripping, fittings, electrical insulation, and other molded objects and parts.
Sec. 1502.03. (A) The chief of the division of recycling and litter prevention
shall establish and implement statewide waste source reduction, recycling, recycling
market development, and litter prevention programs that include all of
the
following: (1) The assessment of waste generation within the state and implementation of
waste source reduction practices; (2) The implementation of recycling and recycling market development
activities and projects, including all of the following: (a) Collection of recyclables; (b) Separation of recyclables; (c) Processing of recyclables; (d) Facilitation and encouragement of the use of recyclables and products
made with recyclables; (e) Education and training concerning recycling and products
manufactured with recyclables; (f) Public awareness campaigns to promote recycling; (g) Other activities and projects that promote recycling
and recycling market
development. (3) Litter prevention assistance to enforce antilitter laws, educate the
public, and stimulate collection and containment of litter; (4) Research and development regarding waste source
reduction, recycling, and litter prevention, including, without
limitation, research and development regarding materials or
products manufactured with recyclables. (B) The chief, with the approval of the director of natural resources, may
enter into contracts or other agreements and may execute any instruments
necessary or incidental to the discharge of the chief's
responsibilities under this
chapter.
Sec. 1502.12. (A) There is hereby created in the state
treasury the scrap tire grant fund, consisting of moneys
transferred to the fund under section 3734.82 of the Revised Code.
The chief of the division of recycling and litter prevention, with
the approval of the director of natural resources, may make grants
from the fund for the purpose of supporting market development
activities for scrap tires and synthetic rubber from tire manufacturing processes and tire recycling processes. The grants may be awarded to
individuals, businesses, and entities certified under division (A)
of section 1502.04 of the Revised Code. (B) Projects and activities that are eligible for grants
under this section shall be evaluated for funding using, at a
minimum, the following criteria: (1) The degree to which a proposed project contributes to
the increased use of scrap tires generated in this state; (2) The degree of local financial support for a proposed
project; (3) The technical merit and quality of a proposed project.
Sec. 1503.23. Notwithstanding any other section of the Revised Code relating
to the distribution or crediting of fines for violations of the Revised Code,
all fines imposed under section 1503.99 of the Revised Code, penalties, and forfeitures arising from prosecutions, convictions, confiscations, or other actions commenced under this chapter shall be paid to
the treasurer of state and deposited in the state treasury to the credit of the state forest fund created in
section 1503.05 of the Revised Code.
Sec. 1504.02. (A) The division of real estate and land
management shall do all of the following: (1) Except as otherwise provided in the Revised Code,
coordinate and conduct all real estate functions for the
department of natural resources, including at least acquisitions
by purchase, lease, gift, devise, bequest, appropriation, or
otherwise; grants through sales, leases, exchanges, easements,
and licenses; inventories of land; and other related general
management duties; (2) Assist the department and its divisions by providing
department-wide planning, including at least master planning,
comprehensive planning, capital improvements planning, and
special purpose planning such as trails coordination and planning
under section 1519.03 of the Revised Code; (3) On behalf of the director of natural resources,
administer the coastal management program established under
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised
Code and consult with and provide coordination among state
agencies, political subdivisions, the United States and agencies
of it, and interstate, regional, and areawide agencies to assist
the director in executing the director's duties and
responsibilities under
that program and to assist the department as the lead agency for
the development and implementation of the program; (4) On behalf of the director, administer sections 1506.10
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code; (5) Cooperate with the United States and agencies of it
and with political subdivisions in administering federal
recreation moneys under the "Land and Water Conservation Fund Act
of 1965," 78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare
and distribute the statewide comprehensive outdoor recreation
plan; and administer the state recreational vehicle fund created
in section 4519.11 of the Revised Code; (6)(a) Support the geographic information system needs for
the department as requested by the director, which shall include,
but not be limited to, all of the following: (i) Assisting in the training and education of department
resource managers, administrators, and other staff in the
application and use of geographic information system
technology; (ii) Providing technical support to the department in the
design, preparation of data, and use of appropriate geographic
information system applications in order to help solve resource
related problems and to improve the effectiveness and efficiency
of department delivered services; (iii) Creating, maintaining, and documenting spatial
digital data bases for the division and for other divisions as
assigned by the director. (b) Provide information to and otherwise assist government
officials, planners, and resource managers in understanding land
use planning and resource management; (c) Provide continuing assistance to local government
officials and others in natural resource digital data base
development and in applying and utilizing the geographic
information system for land use planning, current agricultural
use value assessment, development reviews, coastal management,
and other resource management activities; (d) Coordinate and administer the remote sensing needs of
the department, including the collection and analysis of aerial
photography, satellite data, and other data pertaining to land,
water, and other resources of the state; (e) Prepare and publish maps and digital data relating to
the state's land use and land cover over time on a local,
regional, and statewide basis; (f) Locate and distribute hard copy maps, digital data,
aerial photography, and other resource data and information to
government agencies and the public. (7) Prepare special studies and execute any other duties,
functions, and responsibilities requested by the director. (B) The division may do any of the following: (1) Coordinate such environmental matters concerning the
department and the state as are necessary to comply with the
"National Environmental Policy Act of 1969," 83 Stat. 852, 42
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251,
as amended, and regulations adopted under those acts; (2) With the approval of the director, coordinate and administer compensatory mitigation grant programs and other programs for streams and wetlands as approved in accordance with certifications and permits issued under sections 401 and 404 of the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33 U.S.C.A. 1251, as amended, by the environmental protection agency and the United States army corps of engineers; (3) On behalf of the director, administer Chapter 1520. of
the Revised Code, except divisions (B) to (F) of section 1520.03
of the Revised Code, division (A) of section 1520.04 of the
Revised Code as it pertains to those divisions, and section
1520.05 of the Revised Code; (3)(4) Administer any state or federally funded grant program
that is related to natural resources and recreation as considered
necessary by the director.
Sec. 1506.04. (A) No later than six months after the
effective date of this section September 15, 1989, each
county or
municipal corporation within whose jurisdiction is a coastal
flood hazard area shall either participate in and remain in
compliance with the national flood insurance program established
in the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42
U.S.C.A. 4002, as amended, or shall adopt resolutions or
ordinances governing the coastal flood hazard area that meet or
exceed the standards required for participation in the regular
phase of the national flood insurance program. (B) If the director of natural resources determines at any
time that a county or municipal corporation that is participating
in the national flood insurance program as described in division
(A) of this section or has adopted resolutions or ordinances
under that division (A) of this section is not in compliance with that program or
those resolutions or ordinances, as applicable, he the director
shall so notify the legislative authority of the county or municipal
corporation and shall also notify the legislative authority that
it may respond to his the determination in accordance with the
procedure for doing so established by rules adopted under section
1506.02 of the Revised Code. If after considering the
legislative authority's response the director determines that the
county or municipal corporation is still not in compliance with
the national flood insurance program or resolutions or ordinances
adopted under division (A) of this section, as applicable, he the
director may request the attorney general in writing to, and the attorney
general shall, bring an action for appropriate relief in a court
of competent jurisdiction against the county or municipal
corporation. (C) The attorney general, upon the written request of the
director, shall bring an action for appropriate relief in a court
of competent jurisdiction against any development that meets both
of the following criteria: (1) Is located in a county or municipal corporation that
is not in compliance with division (A) of this section; (2) Is not in compliance with the standards of the
national flood insurance program established in the "Flood
Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002,
as amended. As used in this division, "development" means any artificial
change to improved or unimproved real estate, including, without
limitation, the construction of buildings and other structures
and mining, dredging, filling, grading, paving, excavation, and
drilling operations.
(D) This section does not apply to any permits or
approvals issued by any state agency prior to the effective date
of rules adopted under section 1506.02 of the Revised Code for
the implementation of this section.
(E) As used in this section, "national flood insurance program" and "development" have the same meanings as in section 1521.01 of the Revised Code.
Sec. 1507.01. There is hereby created in the department of
natural resources the division of engineering to be administered
by the chief engineer of the department, who shall be a
professional engineer registered under Chapter 4733. or a professional architect certified under Chapter 4703. of the
Revised Code. The chief engineer shall do all of the following: (A) Administer this chapter; (B) Provide engineering, architectural, land surveying,
and
related administrative and maintenance support services to
the
other divisions in the department; (C) Upon request of the director of natural resources,
implement the department's capital improvement program and
facility maintenance projects, including all associated
engineering, architectural, design, contracting, surveying,
inspection, and management responsibilities and requirements; (D) With the approval of the director, act as contracting
officer in departmental engineering, architectural, surveying,
and
construction matters regarding capital improvements except
for
those matters otherwise specifically provided for in law; (E)
Provide engineering support for the coastal management
program established under Chapter 1506. of the Revised Code; (F) Coordinate the department's roadway maintenance
program
with the department of transportation pursuant to section
5511.05
of the Revised Code and maintain the roadway inventory of
the
department of natural resources; (G) Coordinate the department's projects, programs,
policies, procedures, and activities with the United States army
corps of engineers; (H) Subject to the approval of the director, employ
professional and technical assistants and such other employees as
are necessary for the performance of the activities required or
authorized under this chapter, other work of the division, and
any
other work agreed to under working agreements or contractual
arrangements; prescribe their duties; and fix their compensation
in accordance with such schedules as are provided by law for the
compensation of state employees.
Sec. 1515.093. The supervisors of a soil and water conservation district may hold one or more credit cards on behalf of the district and may authorize any supervisor or employee of the district to use such a credit card to pay for expenses related to the purposes of the district. The supervisors shall pay the debt incurred as a result of the use of such a credit card from the special fund established for the district under section 1515.10 of the Revised Code. The misuse of a credit card held on behalf of a soil and water conservation district is a violation of section 2913.21 of the Revised Code. In addition, a supervisor or employee of a district who makes unauthorized use of such a credit card may be held personally liable to the district for the unauthorized use. This section does not limit any other liability of a supervisor or employee of a district for the unauthorized use of such a credit card. A supervisor or employee of a soil and water conservation district who is authorized to use a credit card that is held on behalf of the district and who suspects the loss, theft, or possibility of another person's unauthorized use of the credit card immediately shall notify the supervisors in writing of the suspected loss, theft, or possible unauthorized use.
Sec. 1515.10. The board of county commissioners of each county in which there
is a soil and water conservation district may levy a tax within the ten-mill
limitation and may appropriate money from the proceeds of such the levy or from
the general fund of the county, which. The money shall be held in a special fund
for the credit of the district, to be expended for the purposes prescribed in
section sections 1515.09 and 1515.093 of the Revised Code, for construction and maintenance of
improvements by the district, and for other expenses incurred in carrying out
the program of the district upon the written order of the fiscal agent for the
district after authorization by a majority of the supervisors of the district.
Sec. 1517.02. There is hereby created in the department of
natural resources the division of natural areas and preserves,
which shall be administered by the chief of
natural areas and preserves. The chief shall take an oath of
office and shall file in the office of the secretary of state a
bond signed by the chief and by a surety approved by the
governor for a
sum fixed pursuant to section 121.11 of the Revised Code. The chief shall administer a system of nature
preserves and wild, scenic, and recreational river areas. The
chief shall establish a system of nature preserves through
acquisition and dedication of natural areas of state or national
significance, which shall include, but not be limited to, areas
that represent characteristic examples of Ohio's natural
landscape types and its natural vegetation and geological
history. The chief shall encourage landowners to dedicate areas
of unusual significance as nature preserves, and shall establish
and maintain a registry of natural areas of unusual significance. The chief may supervise, operate, protect, and maintain
wild, scenic, and recreational river areas, as designated by the
director of natural resources. The chief may cooperate with
federal agencies administering any federal program concerning
wild, scenic, or recreational river areas. The chief shall do the following: (A) Formulate policies and plans for the acquisition, use,
management, and protection of nature preserves; (B) Formulate policies for the selection of areas suitable
for registration; (C) Formulate policies for the dedication of areas as
nature preserves; (D) Prepare and maintain surveys and inventories of
natural areas and habitats of, rare and endangered species of
plants and animals;, and other unique natural features. The information shall be stored in the Ohio natural heritage database, established pursuant to this division, and may be made available to any individual or private or public agency for research, educational, environmental, land management, or other similar purposes that are not detrimental to the conservation of a species or feature. Information regarding sensitive site locations of species that are listed pursuant to section 1518.01 of the Revised Code and of unique natural features that are included in the Ohio natural heritage database is not subject to section 149.43 of the Revised Code if the chief determines that the release of the information could be detrimental to the conservation of a species or unique natural feature. (E) Adopt rules for the use, visitation, and protection of
nature preserves, natural areas owned or managed through
easement, license, or lease by the department and administered by
the division, and lands owned or managed through easement,
license, or lease by the department and administered by the
division that are within or adjacent to any wild, scenic, or
recreational river area, in accordance with Chapter 119. of the
Revised Code; (F) Provide facilities and improvements within the state
system of nature preserves that are necessary for their
visitation, use, restoration, and protection and do not impair
their natural character; (G) Provide interpretive programs and publish and
disseminate information pertaining to nature preserves and
natural areas for their visitation and use; (H) Conduct and grant permits to qualified persons for the
conduct of scientific research and investigations within nature
preserves; (I) Establish an appropriate system for marking nature
preserves; (J) Publish and submit to the governor and the general
assembly a biennial report of the status and condition of each
nature preserve, activities conducted within each preserve, and
plans and recommendations for natural area preservation.
Sec. 1517.052. (A)(1) No public entity with authority to
levy special assessments on real property shall collect an
assessment for purposes of sewer, water, or electrical service on
real property that is within a nature preserve as
described in division (A)(2) of this section without the
permission of the owner. (2) For purposes of division (A)(1) of this section, a nature preserve is an area that is established: (a) In the case of counties, prior to the adoption of a
resolution of necessity by a board of county commissioners
pursuant to section 6103.05 or 6117.06 of the Revised Code; (b) In the case of municipal corporations, prior to
whichever of the following occurs first: (i) The adoption of the resolution of necessity by the
municipal legislative authority pursuant to section 727.12 or
729.02 of the Revised Code; (ii) The service of notice on all or some of the owners to
be assessed pursuant to section 729.06 of the Revised Code; (iii) The adoption of the ordinance or resolution by the
municipal legislative authority declaring the necessity for the
improvement, the costs of which are to be assessed under
procedures authorized by a municipal charter adopted pursuant to
Section 7 of Article XVIII, Ohio Constitution, or, if no such
ordinance or resolution is required under the charter, the
service of the first notice on all or some of the owners of lands
to be assessed, or the adoption of the first ordinance or
resolution by the municipal legislative authority pertaining to
the assessment proceedings under the charter. (c) In the case of a regional water and sewer district
established under Chapter 6119. of the Revised Code, prior to the adoption of
a resolution of necessity by the board of trustees of the district under
section 6119.25 of the Revised Code. (B) For each special assessment levied by a public entity
on real property within a nature preserve for purposes of
sewer, water, or electrical service, the county auditor shall
make and maintain a list showing all of the following: (1) The name of the owner of each lot, tract, or parcel of
land that is exempt from the collection of the special assessment
under this section; (2) A description of the exempt land; (3) The purpose of the special assessment; (4) The amount of the uncollected assessment on the exempt
land. In the case of a county project that is constructed under Chapter
6103. or 6117. of the Revised Code, the county auditor may use a
list provided for in those chapters in lieu of the list required
by division (B) of this section. The auditor also shall record in the water
works record that is required by section 6103.16 of the Revised Code or
the sewer improvement record that is required by section 6117.33 of the
Revised Code those assessments that are not collected under this section. The
recording of the assessments does not permit the collection
of the assessments until the time that exempt lands are withdrawn
from dedication as a nature preserve. (C) A board of county commissioners, legislative authority
of a municipal corporation, or other governing board of any other
public entity may apply to the water and sewer commission
created in division (C) of section 1525.11 of the Revised Code
for an advance of money from the water and sewer fund created
in division (A) of that section in an
amount equal to that portion of the costs of a water or sewer
improvement authorized by law that is to be financed by
assessments whose collection is prohibited under division (A) of
this section. The application for such an advance of money
shall be made in the manner prescribed by rules of the
commission. Upon collection of any assessment whose collection
was prohibited under division (A) of this section, the board of
county commissioners, legislative authority, or other governing
board shall repay the commission the amount of any money
advanced by it in regard to the assessments.
Sec. 1517.11. There is hereby created in the state
treasury the natural areas and preserves fund, which shall
consist of moneys transferred into it under section 5747.113 of
the Revised Code and, of contributions made directly to it, and of all fines, penalties, and forfeitures arising from prosecutions, convictions, confiscations, or other actions commenced under this chapter. Any
person may contribute directly to the fund in addition to or
independently of the income tax refund contribution system
established in that section. Moneys in the fund shall be
disbursed pursuant to vouchers approved by the director of
natural resources for use by the division of natural areas and
preserves solely for the following purposes: (A) The acquisition of new or expanded natural areas, nature
preserves, and
wild, scenic, and recreational river areas; (B) Facility development in natural areas, nature preserves, and
wild, scenic, and recreational river areas; (C) Special projects, including, but not limited to, biological
inventories, research grants, and the production of interpretive material
related to natural areas, nature preserves, and wild, scenic, and recreational
river areas; (D) Routine maintenance for health and safety purposes. Moneys Except as provided in division (D) of this section, money appropriated from the fund shall not be
used to fund salaries of permanent employees, administrative costs, or routine
maintenance.
All investment earnings of the fund shall be credited to the
fund.
Sec. 1517.14. (A) As used in sections 1517.14 to 1517.18 of
the Revised Code, "watercourse": (1) "Watercourse" means a substantially natural
channel with recognized banks and bottom, in which a perennial flow of
water occurs, with an average of at least ten feet mean surface
water width and that is at least five miles of in length. The (2) "Wild, scenic, or recreational river area" means a watercourse, all lands within one thousand feet of the top of either bank of the watercourse, and any additional lands that are necessary to preserve, protect, and restore the natural character of the watercourse and adjacent lands or to preserve water quality or scenic, fish, wildlife, aesthetic, or outdoor recreational value. (B) The director of
natural resources or the director's representative may
create, supervise,
operate, protect, and maintain wild, scenic, and recreational
river areas under the classifications established in section
1517.15 of the Revised Code. The director or the director's
representative
may prepare and maintain a plan for the establishment,
development, use, and administration of those areas as a part of
the comprehensive state plans for water management and outdoor
recreation. The director or the director's representative
may cooperate
with federal agencies administering any federal program
concerning wild, scenic, or recreational river areas. (C) The director may propose for establishment declaration as a wild,
scenic, or recreational river area a part or parts of any
watercourse in this state, together with adjacent any lands described in division (A)(2) of this section, that in
the
director's
judgment possesses water conservation, scenic, fish, wildlife,
historic, or outdoor recreation values that should be
preserved,
using the classifications established in section 1517.15 of the
Revised Code. The area shall include lands adjacent to the
watercourse in sufficient width to preserve, protect, and develop
the natural character of the watercourse, but shall not include
any lands more than one thousand feet from the normal waterlines
of the watercourse unless an additional width is necessary to
preserve water conservation, scenic, fish, wildlife, historic, or
outdoor recreation values The director may include in, or add to, the declaration of a watercourse as a wild or scenic river any upstream segments or headwaters of that watercourse even if the upstream segments or headwaters do not independently meet the wild or scenic river area classifications established in section 1517.15 of the Revised Code. The director shall publish the intention to declare an area
a wild, scenic, or recreational river area at least once in a
newspaper of general circulation in each county, any part of
which is within the area, and shall send written notice of
the
intention to the legislative authority of each county, township,
and municipal corporation and to each conservancy district
established under Chapter 6101. of the Revised Code, any part of
which is within the area, and to the director of transportation,
the director of development, the director of administrative
services, and the director of environmental protection. The
notices shall include a copy of a map and description of the
area. (D) After thirty days from the last date of publication or
dispatch of written notice as required in this section, the
director shall enter a declaration in the director's journal
that the area
is a wild, scenic, or recreational river area. When so entered,
the area is a wild, scenic, or recreational river area. The
director, after thirty days' notice as prescribed in this section
and upon the approval of the recreation and
resources commission created in section 1501.04 of the Revised Code, may terminate the
status of an area as a wild,
scenic, or recreational river area by an entry in the
director's journal. (E) Declaration by the director that an area is a wild, scenic,
or recreational river area does not authorize the director or any
governmental agency or political subdivision to restrict the use
of land by the owner thereof or any person acting under the
landowner's
authority or to enter upon the land
and does not expand or abridge the regulatory authority of
any governmental agency or political subdivision over the
area. (F) The chief of the division of natural areas and preserves or
the chief's representative may participate in watershed-wide
planning
with federal, state, and local agencies in order to protect the
values of wild, scenic, and recreational river areas.
Sec. 1517.15. As used in this section, "impoundment" means
the reservoir created by a dam or other artificial barrier across
a watercourse that causes water to be stored deeper than and
generally beyond the banks of the natural channel of the
watercourse during periods of normal flow, but does not include
water stored behind rock piles, rock riffle dams, and low channel
dams where the depth of water is less than ten feet above the
channel bottom and is essentially confined within the banks of
the natural channel during periods of normal stream flow. In creating wild, scenic, or recreational river areas, the
director of natural resources shall use the following
classifications: (A) "Wild river areas" to include those rivers or sections
of rivers that are free of impoundments and generally
inaccessible except by trail or unpaved road, with watersheds, floodplains, or shorelines
essentially primitive and waters unpolluted, representing
vestiges of primitive America; (B) "Scenic river areas" to include those rivers or
sections of rivers that are free of impoundments, with shorelines, floodplains,
or watersheds still largely primitive and shorelines largely
undeveloped, but accessible in places by roads; (C) "Recreational river areas" to include those rivers or
sections of rivers that are readily accessible by road or
railroad, that may have some development along their shorelines,
and that may have undergone some impoundment or, diversion, or other degradation in the
past, but still possess generally good in-stream habitat or recreational value.
Sec. 1520.02. (A) The director of natural resources has
exclusive authority to administer, manage, and establish policies
governing canal lands. (B)(1) Except as provided in division (C) of this section,
the The director may sell, lease, exchange, give, or grant all or
part of the state's interest in any canal lands in accordance
with section 1501.01 of the Revised Code. The director may
stipulate that an appraisal or survey need not be conducted for,
and may establish any terms or conditions that the director
determines appropriate for, any such conveyance. (2) With regard to
canal lands, the chief of the division of water, with the
approval of the director, may sell, lease, or transfer minerals
or mineral rights when the chief and, with the approval of the director determine, determines that
the sale, lease, or transfer is in the best interest of the
state. Consideration for minerals and mineral rights shall be
by rental or on a royalty basis as prescribed by the chief, with the approval of the director, and
payable as prescribed by contract. Moneys collected under
division (B)(2) of this section
shall be paid into the state treasury to the credit of the canal
lands fund created in section 1520.05 of the
Revised
Code. (C)(1) Not later than one year after July 1, 1989, the
director of transportation and the director of the Ohio
historical society shall identify all canal lands that
are or may be of use to any program operated by the department of
transportation or the Ohio historical society, respectively, and
shall notify the director of natural resources of those lands.
The director of natural resources may transfer any canal lands so
identified to the exclusive care, custody, and control of the
department of transportation or the Ohio historical society, as
applicable, by means of a departmental transfer not later than
six months after receiving notification under division (C)(1) of
this section. (2) The director of natural resources may transfer to the
Ohio historical society any equipment, maps, and records used on
or related to canal lands that are of historical interest and
that are not needed by the director to administer this chapter.
(D) If the director of natural resources determines that
any canal lands are a necessary part of a county's drainage or
ditch system and are not needed for any purpose of the department
of natural resources, the director may sell, grant, or otherwise
convey those canal lands to that county in accordance with
division (B) of this section. The board of county commissioners
shall accept the transfer of canal lands. (E) Notwithstanding any other section of the Revised Code,
the county auditor shall transfer any canal lands conveyed under
this section, and the county recorder shall record the deed for
those lands in accordance with section 317.12 of the Revised
Code. This division does not apply to canal lands transferred
under division (C)(1) of this section.
Sec. 1520.03. (A) The director of natural resources may appropriate real
property in accordance with Chapter 163. of the Revised Code for the purpose
of administering this chapter. (B)(1) The director shall operate and maintain all canals and canal
reservoirs owned by the state
except those canals that are operated by the Ohio historical
society on July 1, 1989.
(2) On behalf of the director, the division of water shall have the care and control of all canals and canal reservoirs owned by the state, the water in them, and canal lands and shall protect, operate, and maintain them and keep them in repair. The chief of the division of water may remove obstructions from or on them and shall make any alterations or changes in or to them and construct any feeders, dikes, reservoirs, dams, locks, or other works, devices, or improvements in or on them that are necessary in the discharge of the chief's duties. In accordance with Chapter 119. of the Revised Code, the chief may adopt, amend, and rescind rules that are necessary for the administration of this division. (C) The director may sell or lease water from any canal or canal
reservoir that the director operates and maintains only to
the extent that the water is in excess of the quantity that is
required for navigation, recreation, and wildlife purposes. The
director may adopt, amend, and
rescind rules in accordance with Chapter 119. of the Revised Code
necessary to administer this division. The withdrawal of water from any
canal or canal reservoir for domestic use is exempt from this
division. However, the director may require water conservation
measures for water that is withdrawn from any canal or canal
reservoir for domestic use during drought conditions or other
emergencies declared by the governor. (D) No person shall take or divert water from any canal or canal
reservoir operated and maintained by the director except in
accordance with division (C)
of this section. (E) At the request of the director, the attorney general
may commence a civil action for civil penalties and injunctions,
in a court of common pleas, against any person who has violated
or is violating division (D) of this section. The court of
common pleas in which an action for injunctive relief is filed
has jurisdiction to and shall grant preliminary and permanent
injunctive relief upon a showing that the person against whom the
action is brought has violated or is violating that division. Upon a finding of a violation, the court shall assess a
civil penalty of not more than one thousand dollars for each day
of each violation if the violator is an individual who took or
diverted the water in question for residential or agricultural
use. The court shall assess a civil penalty of not more than
five thousand dollars for each day of each violation if the
violator is any other person who took or diverted the water in
question for industrial or commercial use excluding agricultural
use. Moneys from civil penalties assessed under this division
shall be paid into the state treasury to the credit of the canal
lands fund created in section 1520.05 of the Revised Code. Any action under this division is a civil action, governed
by the rules of civil procedure and other rules of practice and
procedure applicable to civil actions. (F) As used in this section, "person" means any agency of
this state, any political subdivision of this state or of the
United States, or any legal entity defined as a person under
section 1.59 of the Revised Code.
Sec. 1520.05. There is hereby created in the state treasury the canal lands
fund, which shall be composed of all moneys received by the director of
natural resources under sections 1520.02 and 1520.03 of the Revised Code, all
civil penalties assessed under section 1520.03 of the Revised Code, and any
moneys appropriated to it. The fund shall be administered by the director,
who shall spend moneys in the fund for the purposes of administering and
enforcing this chapter and section 1521.08 of the Revised Code. The director
may spend any surplus moneys in the fund, as determined by him the
director, for any other
programs operated by the department of natural resources.
Sec. 1520.07. (A) The director of natural resources may
give away or sell timber that has fallen on or been removed for
maintenance reasons from canal lands. (B) The director may give away or sell the spoils of a
dredging operation conducted by the department of natural
resources in waters under the control and management of the
division of water department. Prior to giving away or selling any spoils
under this division, the director shall notify the director of
environmental protection of his that intent so that the director
of
environmental protection may determine whether the spoils
constitute solid wastes or hazardous waste, as those terms are
defined in section 3734.01 of the Revised Code, that shall be
disposed of in accordance with Chapter 3734. of the Revised Code.
If the director of environmental protection does not notify the
director of natural resources within thirty days after receiving
notice of the gift or sale that the spoils shall be disposed of
in accordance with Chapter 3734. of the Revised Code, the
director of natural resources may proceed with the gift or sale. (C) Proceeds from the sale of timber or dredge spoils
under this section shall be deposited into the state treasury to
the credit of the canal lands fund created in section 1520.05 of
the Revised Code.
Sec. 1521.01. As used in sections 1521.01 to 1521.05, 1521.13 to 1521.18, and 1521.20 to 1521.30 of the
Revised Code: (A) "Consumptive use," "diversion," "Lake Erie drainage
basin," "other great lakes states and provinces," "water
resources," and "waters of the state" have the same meanings as
in section 1501.30 of the Revised Code. (B) "Well" means any excavation, regardless of design or
method of construction, created for any of the following
purposes: (1) Removing ground water from or recharging water into an
aquifer, excluding subsurface drainage systems installed to
enhance agricultural crop production or urban or suburban
landscape management or to control seepage in dams, dikes, and
levees; (2) Determining the quantity, quality, level, or movement
of ground water in or the stratigraphy of an aquifer, excluding
borings for instrumentation in dams, dikes, levees, or highway
embankments; (3) Removing or exchanging heat from ground water,
excluding horizontal trenches that are installed for water source
heat pump systems. (C) "Aquifer" means a consolidated or unconsolidated
geologic formation or series of formations that are hydraulically
interconnected and that have the ability to receive, store, or
transmit water. (D) "Ground water" means all water occurring in an
aquifer. (E) "Ground water stress area" means a definable
geographic area in which ground water quantity is being affected
by human activity or natural forces to the extent that continuous
availability of supply is jeopardized by withdrawals. (F) "Person" has the same meaning as in section 1.59 of
the Revised Code and also includes the United States, the state,
any political subdivision of the state, and any department,
division, board, commission, agency, or instrumentality of the
United States, the state, or a political subdivision of the
state. (G) "State agency" or "agency of the state" has the same
meaning as "agency" in section 111.15 of the Revised Code. (H) "Development" means any artificial change to
improved or
unimproved real estate, including the construction of buildings
and other structures, any substantial improvement of a structure,
and mining, dredging, filling, grading, paving, excavating, and
drilling operations, and storage of equipment or materials. (I) "Floodplain" means the area adjoining any river,
stream, watercourse, or lake that has been or may be covered by
flood water. (J) "Floodplain management" means the implementation of an
overall program of corrective and preventive measures for
reducing flood damage, including the collection and dissemination
of flood information, construction of flood control works,
nonstructural flood damage reduction techniques, and adoption of
rules, ordinances, or resolutions governing development in
floodplains. (K) "One-hundred-year flood" means a flood having a one
per cent chance of being equaled or exceeded in any given year. (L) "One-hundred-year floodplain" means that portion of a
floodplain inundated by a one-hundred-year flood. (M) "Structure" means a walled and roofed building,
including, without limitation, gas or liquid storage tanks, mobile homes, and
manufactured homes. (N) "Substantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a structure,
the cost of which equals or exceeds fifty per cent of the market
value of the structure before the start of construction of the
improvement. "Substantial improvement" includes repairs to
structures that have incurred substantial damage regardless of
the actual repair work performed. "Substantial improvement" does
not include either of the following: (1) Any project for the improvement of a structure to
correct existing violations of state or local health, sanitary,
or safety code specifications that have been identified by the
state or local code enforcement official having jurisdiction and
that are the minimum necessary to ensure safe living conditions; (2) Any alteration of an historic structure designated or
listed pursuant to federal or state law, provided that the
alteration will not preclude the structure's continued listing or
designation as an historic structure. (O) "Shore structure" includes, but is not limited to: beaches;
groins; revetments; bulkheads; seawalls; breakwaters; certain dikes designated
by the chief of the division of water; piers; docks; jetties; wharves;
marinas; boat ramps; any associated fill or debris used as part of the
construction of shore structures that may affect shore erosion, wave action,
or inundation; and fill or debris placed along or near the shore, including
bluffs, banks, or beach ridges, for the purpose of stabilizing slopes. (P) "Substantial damage" means damage of any origin that is sustained by a structure if the cost of restoring the structure to its condition prior to the damage would equal or exceed fifty per cent of the market value of the structure before the damage occurred. (Q) "National flood insurance program" means the national flood insurance program established in the "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended, and regulations adopted under it. (R) "Conservancy district" means a conservancy district
established under Chapter 6101. of the Revised Code. (Q)(S) "Park board" means the board of park commissioners of a park
district created under Chapter 1545. of the Revised Code.
(R)(T) "Erosion control structure" means anything that is designed
primarily to reduce or control erosion of the shore along or near lake erie,
including, but not limited to, revetments, seawalls, bulkheads, certain
breakwaters designated by the chief, and similar structures. "Erosion control
structure" does not include wharves, piers, docks, marinas, boat ramps, and
other similar structures.
Sec. 1521.04. The chief of the division of water, with the
approval of the director of natural resources, may make loans and
grants from the water management fund created in section 1501.32
of the Revised Code to governmental agencies for water
management,
water supply improvements, and planning and may
administer grants
from the federal government and from other
public or private
sources for carrying out those functions and
for the performance
of any acts that may be required by the
United States or by any
agency or department thereof as a
condition for the participation
by any governmental agency in any
federal financial or technical
assistance program. Direct and
indirect costs of administration
may be paid from the water
management fund. The chief may use the water management fund for the purposes of administering the water diversion and consumptive use permit programs established in sections 1501.30 to 1501.35 of the Revised Code; to perform watershed and water resources studies for the purposes of water management planning; and to acquire,
construct, reconstruct, improve, equip, maintain, operate, and
dispose of water management improvements. The chief may fix,
alter,
charge, and collect rates, fees, rentals, and other charges
to be
paid into the water management fund by governmental agencies
and
persons who are supplied with water by facilities constructed
or operated
by the department of natural resources in order to
amortize and
defray the cost of the construction, maintenance, and
operation of
those facilities.
Sec. 1521.05. (A) As used in this section: (1) "Construct" or "construction" includes drilling,
boring, digging, deepening, altering, and logging. (2) "Altering" means changing the configuration of a well,
including, without limitation, deepening a well, extending or
replacing any portion of the inside or outside casing or wall of
a well that extends below ground level, plugging a portion of a
well back to a certain depth, and reaming out a well to enlarge
its original diameter. (3) "Logging" means describing the lithology, grain size,
color, and texture of the formations encountered during the
drilling, boring, digging, deepening, or altering of a well. (4) "Grouting" means neat cement; bentonite products in
slurry, granular, or pelletized form, excluding drilling mud or
fluids; or any combination of neat cement and bentonite products
that is placed within a well to seal the annular space or to seal
an abandoned well and that is impervious to and capable of
preventing the movement of water. (5) "Abandoned well" means a well whose use has been
permanently discontinued and that poses potential health and
safety hazards or that has the potential to transmit surface
contaminants into the aquifer in which the well has been
constructed. (6) "Sealing" means the complete filling of an abandoned
well with grouting or other approved materials in order to
permanently prevent the vertical movement of water in the well
and thus prevent the contamination of ground water or the
intermixing of water between aquifers. (B) Any person that constructs a well shall keep a careful
and accurate log of the construction of the well. The log shall
show all of the following: (1) The character, including, without limitation, the
lithology, color, texture, and grain size, the name, if known,
and the depth of all formations passed through or encountered; (2) The depths at which water is encountered; (3) The static water level of the completed well; (4) A copy of the record of all pumping tests and analyses
related to those tests, if any; (5) Construction details, including lengths, diameters,
and thicknesses of casing and screening and the volume, type of
material, and method of introducing gravel packing and grouting
into the well; (6) The type of pumping equipment installed, if any; (7) The name of the owner of the well, the address of the
location where the well was constructed, and a description of the
location of either the property where state plane coordinates or the latitude and longitude of the well was constructed; (8) The signature of the individual who constructed the
well and filed the well log; (9) Any other information required by the chief of the
division of water. The log shall be furnished to the division of water within thirty
days after the completion of construction of the well on
forms prescribed and prepared by the division. The log shall be kept
on file by the division.
(C) Any person that seals a well shall keep a careful and accurate report of the sealing of the well. The sealing report shall show all of the following:
(1) The name of the owner of the well, the address of the location where the well was constructed, and either the state plane coordinates or the latitude and longitude of the well;
(2) The depth of the well, the size and length of its casing, and the static water level of the well;
(3) The sealing procedures, including the volume and type of sealing material or materials and the method and depth of placement of each material; (4) The date on which the sealing was performed;
(5) The signature of the individual who sealed the well and filed the sealing report;
(6) Any other information required by the chief.
The sealing report shall be furnished to the division within thirty days after the completion of the sealing of the well on forms prescribed and prepared by the division.
(D) In accordance with Chapter 119. of the Revised Code, the
chief may adopt, amend, and rescind rules requiring other persons
that are involved in the construction or subsequent development
of a well to submit well logs under this division (B) of this section containing any
or all of the information specified in divisions (B)(1) to (9) of
this section and requiring any person that seals an abandoned
well to submit a well sealing report under this division
containing any or all of the information specified in those
divisions and any specifying additional information specified in the rules to be included in sealing reports required under division (C) of this section. (C)(E)(1) No person shall fail to keep and submit a well log or a sealing report
as required by this section.
(2) No person shall make a false statement in any well log or sealing report
required to be kept and submitted under this section. Violation
of division (C)(E)(2) of this section is falsification under section
2921.13 of the Revised Code. (D)(F) For the purposes of prosecution of a violation of
division (C)(E)(1) of this section, a prima-facie case is
established when the division obtains either of the following:
(1) A certified copy of a permit for a private water
system issued in accordance with rules adopted under section
3701.344 of the Revised Code, or a certified copy of the invoice
or a canceled check from the owner of a well indicating the
construction or sealing services performed; (2) A certified copy of any permit issued under Chapter
3734. or 6111. of the Revised Code or plan approval granted under
Chapter
6109. of the Revised Code for any activity that includes
the construction or sealing of a well as applicable.
Sec. 1521.13. (A) Development in one-hundred-year floodplain areas shall be protected to at least the one-hundred-year flood level, and flood water conveyance shall be maintained, at a minimum, in accordance with standards established under the national flood insurance program.
(B) Prior to the expenditure of money for or the construction of buildings, structures, roads, bridges, or other facilities in locations that may be subject to flooding or flood damage, all state agencies and political subdivisions shall notify and consult with the division of water and shall furnish information that the division reasonably requires in order to avoid the uneconomic, hazardous, or unnecessary use of floodplains in connection with such facilities.
(C) The chief of the division of water
shall do all of the following: (1) Coordinate the floodplain management activities of
state agencies and political subdivisions with the floodplain
management activities of the United States, including the
national flood insurance program established in the "National
Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as
amended, and regulations adopted under that act; (2) Collect, prepare, and maintain technical data and
information on floods and floodplain management and make the data
and information available to the public, state agencies,
political subdivisions, and agencies of the United States; (3) Cooperate and enter into agreements with persons for
the preparation of studies and reports on floods and floodplain
management; (4) Assist any county, municipal corporation, or state
agency in developing comprehensive floodplain management
programs; (5) Provide technical assistance to any county, municipal
corporation, or state agency through engineering assistance, data
collection, preparation of model laws, training, and other
activities relating to floodplain management; (6) For the purpose of reducing damages and the threat to
life, health, and property in the event of a flood, cooperate
with state agencies, political subdivisions, and the United
States in the development of flood warning systems, evacuation
plans, and flood emergency preparedness plans; (7) Upon request, assist the emergency management
agency established by section 5502.22 of the Revised Code in the
preparation of flood hazard mitigation reports required as a
condition for receiving federal disaster aid under the "Disaster
Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended,
"The Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1994,"
Pub. L. No. 93-288, as amended, and regulations adopted under those acts it; (8) Adopt, and may amend or rescind, rules in accordance
with Chapter 119. of the Revised Code for the administration,
implementation, and enforcement of this section and sections
1521.14 and 1521.18 of the Revised Code; (9) Establish, by rule, technical standards for the
delineation and mapping of floodplains and for the conduct of
engineering studies to determine the vertical and horizontal
limits of floodplains and for the assessment of development impacts on flood heights and flood conveyance. The standards established in rules adopted under this division
shall be consistent with and no more stringent than the analogous
standards established under the national flood insurance program
adopted pursuant to the "National Flood Insurance Act of 1968,"
82 Stat. 572, 42 U.S.C.A. 4001, as amended.
(10) Establish, by rule, flood damage reduction standards
governing development within one hundred year floodplains other
than development subject to the rules adopted under division
(A)(11) of this section. The standards shall include provisions
to ensure that structures are protected at least to the one
hundred year flood level and that any increase in the one hundred
year flood level will not exceed one foot as determined by
engineering studies conducted in accordance with the technical
standards established in rules adopted under division (A)(9) of
this section. The standards adopted under this division shall be
no more stringent than the minimum floodplain management criteria
of the national flood insurance program adopted under the
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.
4001, as amended.
(11) Establish, by rule, minimum flood damage reduction
standards governing development undertaken by state agencies
within one hundred year floodplains. The standards shall include
provisions to ensure that structures are protected at least to
the one hundred year flood level and that any increase in the one
hundred year flood level will not exceed one foot as determined
by engineering studies conducted in accordance with the technical
standards established in rules adopted under division (A)(9) of
this section. The standards adopted under this division shall be
consistent with and no less stringent than the minimum floodplain
management criteria of the national flood insurance program
adopted under the "National Flood Insurance Act of 1968," 82
Stat. 572, 42 U.S.C.A. 4001, as amended.
(12)(9) On behalf of the director of natural resources, administer section
1506.04 of the Revised Code.
(B) Rules adopted under division (A)(10) of this section
and standards established under those rules apply only to
developments for which a demonstration of compliance is required
under division (C)(1) of section 1521.14 of the Revised Code
In addition to the duties imposed in divisions (C)(1) to (9) of this section, and with respect to existing publicly owned facilities that have suffered flood damage or that may be subject to flood damage, the chief may conspicuously mark past and probable flood heights in order to assist in creating public awareness of and knowledge about flood hazards.
(D)(1) Development that is funded, financed, undertaken, or preempted by state agencies shall comply with division (A) of this section and with rules adopted under division (C)(8) of this section.
(2) State agencies shall apply floodproofing measures in order to reduce potential additional flood damage of existing publicly owned facilities that have suffered flood damage.
(3) Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a one-hundred-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with division (A) of this section, rules adopted under division (C)(8) of this section, and any applicable local floodplain management resolution or ordinance.
(4) Prior to the disbursement of any state disaster assistance money in connection with any incident of flooding to or within a county or municipal corporation that is not listed by the chief as being in compliance under division (D)(1) of section 1521.18 of the Revised Code, a state agency that has authority to disburse such money shall require the county or municipal corporation to establish or reestablish compliance as provided in that division.
(E)(1) Subject to section 1521.18 of the Revised Code, a county or a municipal corporation may do all of the following: (a) Adopt floodplain maps that reflect the best available data and that indicate the areas to be regulated under a floodplain management resolution or ordinance, as applicable; (b) Develop and adopt a floodplain management resolution or ordinance, as applicable; (c) Adopt floodplain management standards that exceed the standards that are established under the national flood insurance program.
(2) A county or municipal corporation shall examine and apply, where economically feasible, floodproofing measures in order to reduce potential additional flood damage of existing publicly owned facilities that have suffered flood damage.
(3) A county that adopts a floodplain management resolution shall do so in accordance with the procedures established in section 307.37 of the Revised Code. The county may enforce the resolution by issuing stop work orders, seeking injunctive relief, or pursuing other civil actions that the county considers necessary to ensure compliance with the resolution. In addition, failure to comply with the floodplain management resolution constitutes a violation of division (D) of section 307.37 of the Revised Code. (4) No action challenging the validity of a floodplain management resolution adopted by a county or a floodplain management ordinance adopted by a municipal corporation, or an amendment to such a resolution or ordinance, because of a procedural error in the adoption of the resolution, ordinance, or amendment shall be brought more than two years after the adoption of the resolution, ordinance, or amendment.
Sec. 1521.14. (A) All state agencies and political
subdivisions, prior to the expenditure of funds for or the construction
of buildings, structures, roads, bridges, or other facilities in
locations that may be subject to flooding or flood damage, shall
notify and consult with the division of water and shall furnish
such information as the division may reasonably require in order
to avoid the uneconomic, hazardous, or unnecessary use of
floodplains in connection with such facilities. (B) With respect to existing publicly owned facilities
that have suffered flood damage or that may be subject to flood
damage, the chief of the division of water may conspicuously mark
past and probable flood heights so as to assist in creating
public awareness of and knowledge about flood hazards. Wherever
economically feasible, state agencies and political subdivisions
responsible for existing publicly owned facilities shall apply
floodproofing measures in order to reduce potential flood damage.
(C)(1) Any state agency that funds or finances
developments or that has regulatory jurisdiction that preempts
the authority of political subdivisions to regulate development
as necessary to establish participation in the national flood
insurance program under the "National Flood Insurance Act of
1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, before awarding funding or
financing or granting a license,
permit, or other authorization for a development that is or is to
be located within a one hundred year floodplain, shall require the applicant
therefor to demonstrate to the satisfaction of the agency that the
development will comply with the flood damage reduction standards
established in rules adopted under division (A)(10) of section
1521.13 of the Revised Code.
(2) Any state agency that undertakes any development that
is or is to be located within a one hundred year floodplain shall
ensure that the development complies with the minimum flood
damage reduction standards established in rules adopted under
division (A)(11) of section 1521.13 of the Revised Code.
(3) Prior to the disbursement of any state disaster
assistance funds in connection with any incident of flooding to
or within a municipal corporation or county that is not listed by
the chief as being in compliance under division (D)(1) of section
1521.18 of the Revised Code, each state agency having the
authority to disburse such funds shall require the municipal
corporation or county to establish or reestablish compliance as provided in
that division.
(D) All state agencies shall comply with this section,
rules adopted under section 1521.13 of the Revised Code, and any
applicable local floodplain management ordinance or resolution.
Upon the written request of the director of natural resources, the
attorney general may shall bring a civil an action for injunctive appropriate relief,
in the a court of common pleas of Franklin county, competent jurisdiction against any
state agency that violates this section, rules adopted under
section 1521.13 of the Revised Code, or any applicable local
floodplain management ordinance or resolution. In the action,
the court may enter an order that restrains, prevents, or abates
any conduct, or abates any development undertaken by a state
agency, in violation of this section, rules adopted under section
1521.13 of the Revised Code, or any applicable local floodplain
management ordinance or resolution development that is not in compliance with the standards of the national flood insurance program and that is one of the following:
(A) Located in a county or municipal corporation that is not listed by the chief of the division of water as being in compliance under division (D)(1) of section 1521.18 of the Revised Code; (B) Funded, financed, undertaken, or preempted by a state agency.
Sec. 1521.18. (A) For the purposes of this section, a one-hundred-year
floodplain is limited to an area identified as a one-hundred-year
floodplain in accordance with the "National Flood Insurance Act
of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended. (B) Each municipal corporation or county that has within
its boundaries a one-hundred-year floodplain and that adopts a
floodplain management ordinance or resolution or any amendments
to such an ordinance or resolution on or after April 11, 1991, after adopting
the ordinance, resolution, or amendments and
before submitting the ordinance,
resolution, or amendments to the federal emergency management
agency for final approval for compliance with applicable
standards adopted under the "National Flood Insurance Act of
1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall submit
the ordinance, resolution, or amendments to the chief of the
division of water for his the chief's review for compliance with
those
standards. Within forty-five days after receiving any such
ordinance, resolution, or amendments, the chief shall complete
his the review and notify the municipal corporation or county as
to
whether the ordinance, resolution, or amendments comply with
those standards. If the chief finds that the ordinance,
resolution, or amendments comply with those standards, he the
chief shall
forward it or them to the federal emergency management agency for
final approval. (C)(1) If the chief determines that a county or municipal
corporation that has adopted a floodplain management resolution
or ordinance fails to administer or enforce the resolution or
ordinance, the chief shall send a written notice by certified
mail to the board of county commissioners of the county or the chief executive
officer of the municipal corporation stating the nature of the
noncompliance. (2) In order to maintain its compliance status in
accordance with division (D) of this section, a county or
municipal corporation that has received a notice of noncompliance
under division (C)(1) of this section may submit information to
the chief not later than thirty days after receiving the notice
that demonstrates compliance or indicates the actions that the
county or municipal corporation is taking to administer or
enforce the resolution or ordinance. The chief shall review the
information and shall issue a final determination by certified
mail to the county or municipal corporation of the compliance or
noncompliance status of the county or municipal corporation. If
the chief issues a final determination of noncompliance, he the
chief shall
send a copy of that determination to the federal emergency
management agency concurrently with mailing the notice to the
municipal corporation or county. (D)(1) A county or municipal corporation is considered to
be in compliance for the purposes of this section if either of
the following applies: (a) The county or municipal corporation has adopted a
floodplain management resolution or ordinance that the chief has
determined complies with applicable standards adopted under the
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.
4001, as amended, and is adequately administering and enforcing
it as determined under division (C) of this section. (b) The county or municipal corporation is participating
in the national flood insurance program under the "National Flood
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as
amended, and has not received a notice of noncompliance under division (B)
or (C) of this section. (2) The chief shall maintain a list of all counties and
municipal corporations that have one-hundred-year floodplains
within their boundaries. The list shall indicate whether each
such county or municipal corporation is in compliance or
noncompliance as provided in division (D)(1) of this section and
whether each such county or municipal corporation is participating in the
national flood insurance program. The chief shall provide a copy
of the list to the general assembly and all state agencies
annually and shall notify the general assembly and the agencies
of any changes at least quarterly. (E) Any county or municipal corporation that is adversely
affected by any determination of the chief under this section may
appeal it in accordance with Chapter 119. of the Revised Code not
later than thirty days after the final determination.
Sec. 1521.19. (A) There is hereby created the Ohio water
resources council consisting of the directors of agriculture,
development, environmental protection, health, natural resources,
transportation, and the Ohio public works commission, the
chairperson of the public utilities commission of Ohio, the
executive directors director of the state and local government commission
of Ohio and the Ohio water development authority, and an executive
assistant in the office of the governor appointed by the governor.
The governor shall appoint one of the members of the council to
serve as its chairperson. The council may adopt bylaws that are
necessary for the implementation of this section. The council
shall provide a forum for policy development, collaboration and
coordination among state agencies, and strategic direction with
respect to state water resource programs. The council shall be
assisted in its functions by a state agency coordinating group and
an advisory group as provided in this section.
(B) The state agency coordinating group shall consist of the
executive director of the Ohio Lake Erie commission and a member
or members from each state agency, commission, and authority
represented on the council, to be appointed by the applicable
director, chairperson, or executive director. However, the
environmental protection agency shall be represented on the group
by the chiefs of the divisions within that agency having
responsibility for surface water programs and drinking and ground
water programs, and the department of natural resources shall be
represented on the group by the chief of the division of water
and the chief of the division of soil and water conservation. The
chairperson of the council shall appoint a leader of the state
agency coordinating group. The group shall provide assistance to
and perform duties on behalf of the council as directed by the
council.
(C) The advisory group shall consist of not more than twenty
twenty-four members, each representing an organization or entity with an
interest in water resource issues. The council shall appoint the
members of the advisory group. Of the initial appointments, not
more than ten members shall be appointed for one-year terms, and
not more than ten members shall be appointed for two-year terms.
Of the four initial appointments made after the effective date of this amendment, two of the members shall be appointed for one-year terms, and two of the members shall be appointed for two-year terms. Thereafter, all advisory group members shall serve two-year terms.
Members may be reappointed. Each member shall hold office from
the date of the member's appointment until the end of the member's
term. A member shall continue in office subsequent to the
expiration date of the member's term until the member's successor
takes office or until a period of sixty days has elapsed,
whichever occurs first. The council may remove a member for
misfeasance, nonfeasance, or malfeasance in office. The council
shall appoint members to fill any vacancies on the group. A
member appointed to fill a vacancy shall hold office for the
remainder of the term for which that member was appointed.
The chairperson of the council shall appoint a chairperson of
the advisory group. The advisory group shall advise the council
on water resources issues addressed by the council.
(D) There is hereby created in the state treasury the Ohio
water resources council fund. The department of natural resources
shall serve as the fiscal agent for the fund. The departments of
agriculture, development, environmental protection, health,
natural resources, and transportation shall transfer moneys to the
fund in equal amounts via intrastate transfer voucher. The public
utilities commission of Ohio, Ohio public works commission, state
and local government commission of Ohio, and Ohio water
development authority may transfer moneys to the fund. If a
voluntary transfer of moneys is made to the fund, the portion that
is required to be transferred by the departments of agriculture,
development, environmental protection, health, natural resources,
and transportation may be equally reduced. Moneys in the fund
shall be used to pay the operating expenses of the Ohio water
resources council, including those specified in division (E) of
this section.
(E) The Ohio water resources council may hire staff to
support its activities. The council may enter into contracts and
agreements with federal agencies, state agencies, political subdivisions, and
private entities to assist in accomplishing its objectives.
Advisory group members shall be reimbursed for expenses
necessarily incurred in the performance of their duties pursuant
to section 126.31 of the Revised Code and any applicable rules
pertaining to travel reimbursement adopted by the office of budget
and management.
Sec. 1521.99. (A) Whoever violates division (C)(E)(1) of section 1521.05 or
division (E)(1) of section 1521.16 of the Revised Code is guilty of a
misdemeanor of the fourth degree. (B) Whoever violates section 1521.06 or 1521.062 of the Revised Code shall be
fined not less than one hundred dollars nor more than one thousand dollars for
each offense. Each day of violation constitutes a separate offense. (C) Whoever violates sections 1521.20 to 1521.30 of the
Revised Code shall be fined not less than one hundred
dollars nor more than one thousand dollars for each offense. Each day of
violation constitutes a separate offense.
Sec. 1525.11. (A) The water and sewer fund, which is
hereby created in the state treasury, shall consist of moneys
appropriated to the fund by the general assembly, moneys
allocated to the fund pursuant to section 164.08 of the Revised
Code, moneys repaid to the fund for advances made from it, and
interest paid for delay in repayment of advances from the fund.
The fund shall be administered by the water and sewer commission
created by division (C) of this section. Moneys in the fund
shall be used solely for advances to boards of county
commissioners, legislative authorities of municipal corporations,
and governing boards of any other public entities to meet that
portion of the cost of the extension of water and sewer lines to
be financed by assessments for which collections are deferred or
exempt pursuant to division (A) of section 929.03, division (A) of section 1517.052, division (B) of section 6103.052, or division (B)
of section 6117.062, or division (A) of section 929.03 of the
Revised Code. Moneys allocated to the fund pursuant to section
164.08 of the Revised Code shall be used solely to make advances
to subdivisions described in this division. Advances made from
moneys deposited in this fund pursuant to section 164.08 of the
Revised Code shall be repaid within twenty years from the time the
advance is made,. (B) The water and sewer administrative fund is hereby
created in the state treasury to consist of moneys collected as
fees pursuant to division (C) of section 1525.12 of the Revised
Code. Moneys in this fund shall be used solely to pay the
administrative costs of the water and sewer commission. (C) There is hereby created the water and sewer
commission. The commission shall consist of seven members and,
for administrative purposes, shall be attached to the department
of development. The members of the commission shall be the
director of development or the director's representative, the director of
health or the director's representative, the director of agriculture or the
director's representative, the director of natural resources or the
director's representative, and three members appointed by the governor. One
of the three members appointed by the governor shall be a
representative of industry, one shall be a farmer whose major
source of income is derived from farming, and one shall be a
representative of the public. The governor shall appoint one
member to serve for a term of one year, one member to serve for a
term of two years, and one member to serve for a term of three
years. Thereafter, terms of office of members appointed by the
governor shall be for three years, commencing on the twentieth
day of December and ending on the nineteenth day of December.
Each appointed member shall hold office from the date of appointment until the
end of the term for which the member was appointed. Any member appointed to
fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was appointed
shall hold office for the remainder of such that term. Any appointed
member shall continue in office subsequent to the expiration date
of his the member's term until the member's successor takes office, or until a period
of sixty days has elapsed, whichever occurs first. The governor
shall designate the chairperson of the commission, who shall serve
for a term of one year. The members of the commission shall
receive no compensation other than for expenses incurred in the
performance of their duties. (D) The commission shall submit orders, made pursuant to
division (D) of section 1525.12 of the Revised Code, approving
advances from the water and sewer fund, to the controlling board.
The controlling board shall then determine whether or not such
an advance shall be made. If the board determines that the advance
shall be made, it shall certify such the action to the director of
budget and management for payment.
Sec. 1525.12. The water and sewer commission shall in the
administration of the water and sewer fund: (A) Consider applications for advances from the fund made
pursuant to division (D) of section 929.03, division (C) of section 1517.052, or division (A) of
section 6103.052 or of section 6117.062 of the Revised Code; (B) Determine, pursuant to the standards set forth in
section 1525.13 of the Revised Code, whether an advance of moneys
should be made as requested by an application, approve the amount of
the advance, if any, to be made, and fix the maximum time within
which the advance shall be repaid; (C) Collect from the boards of county commissioners,
legislative authorities of municipal corporations, or governing
boards of any other public entities requesting an advance from
the water and sewer fund pursuant to division (D) of section
929.03, division (C) of section 1517.052, or division (A) of both sections 6103.052 and 6117.062 of
the Revised Code a fee equal to two per cent of any moneys
advanced from the fund and pay the fees into the water and sewer
administrative fund created pursuant to division (B) of section
1525.11 of the Revised Code; (D) Submit orders approving advances to the controlling
board for action pursuant to division (C)(D) of section 1525.11 of
the Revised Code; (E) Adopt pursuant to Chapter 119. of the Revised Code: (1) Rules prescribing the form of application for advances
from the fund and the time and manner of submitting such
an application; (2) Rules prescribing the criteria to determine the
occurrence of a change in the use of property as referred to in
division (C) of section 929.03 or division (C) of both sections
6103.052 and 6117.062 of the Revised Code; (3) Rules prescribing the criteria to consider for the
disposition of requests for advances from the fund made pursuant
to section 1525.13 of the Revised Code; (4) Rules prescribing standards for the use of boards of
county commissioners in determining the disposition of requests
for deferment of collection of assessment pursuant to division
(B) of both sections 6103.052 and 6117.062 of the Revised Code. (F) Investigate the uses of those lands on which the
deferred or exempted collection of assessments has been the basis
for advances of moneys from the fund, require the boards of
county commissioners to repay the commission pursuant to division
(C) or (D) of section 6103.052 or division (C) or (D) of section 6117.062
of the Revised Code the advances due as a result of changes in
the use of property, and require boards of county commissioners,
legislative authorities of municipal corporations, and other
governing boards of any other public entities to repay the
commission under division (D) of section 929.03 or division (C) of section 1517.052 of the Revised
Code; (G) Pay into the fund all repayments of moneys advanced
from the fund and interest paid for delay in repayment of
advances made from the fund; (H) Defer the repayment by a board of county commissioners
of moneys previously advanced from the fund when a board defers
the collection of assessments pursuant to division (C) of section
6103.052 or division (C) of section 6117.062 of the Revised Code; (I) Employ such personnel as are required to administer
this section.
Sec. 1531.01. As used in this chapter and Chapter 1533. of
the Revised Code: (A) "Person" means individual, company, partnership,
corporation, municipal corporation, association, or any
combination of individuals, or any employee, agent, or officer
thereof a person as defined in section 1.59 of the Revised Code or a company; an employee, agent, or officer of such a person or company; a combination of individuals; the state; a political subdivision of the state; an interstate body created by a compact; or the federal government or a department, agency, or instrumentality of it. (B) "Resident" means any individual who has resided in this
state for not less than six months next preceding the date of
making application for a license. (C) "Nonresident" means any individual who does not qualify
as
a resident. (D) "Division rule" or
"rule" means any rule adopted by the
chief of the division of wildlife under
section 1531.10 of the
Revised Code unless the context indicates otherwise. (E) "Closed season" means that period of time during which
the taking of wild animals protected by this chapter and Chapter
1533. of the Revised Code is prohibited. (F) "Open season" means that period of time during which
the
taking of wild animals protected by this chapter and Chapter 1533.
of the
Revised Code is
permitted. (G) "Take or taking" includes pursuing, shooting, hunting,
killing, trapping, angling, fishing with a trotline, or netting
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,
wild bird, or wild quadruped, and any lesser act, such as
wounding, or placing, setting, drawing, or using any other device
for killing or capturing any wild animal, whether it results in
killing or capturing the animal or not. "Take or taking" includes
every
attempt to kill or capture and every act of assistance to
any
other person in killing or capturing or attempting to kill or
capture a wild animal. (H) "Possession" means both actual and constructive
possession and any control of things referred to. (I) "Bag limit" means the number, measurement, or weight
of
any kind of crayfish, aquatic insects, fish,
frogs, turtles, wild
birds, and wild quadrupeds permitted to be
taken. (J) "Transport and transportation" means carrying or
moving
or causing to be carried or moved. (K) "Sell and sale" means barter, exchange, or offer or
expose for sale. (L) "Whole to include part" means that every provision
relating to any wild animal protected by this chapter and Chapter
1533. of the Revised Code applies to any part of the wild
animal
with the
same effect as it applies to the whole. (M) "Angling" means fishing with not more than two hand
lines, not more than two units of rod and line, or a combination
of not more than one hand line and one rod and line, either in
hand or under control at any time while fishing. The hand line
or
rod and line shall have attached to it not more than three
baited
hooks, not more than three artificial fly rod lures, or
one
artificial bait casting lure equipped with not more than
three
sets of three hooks each. (N) "Trotline" means a device for catching fish that
consists of a line
having suspended from it, at frequent
intervals,
vertical lines with hooks attached. (O) "Fish" means a cold-blooded vertebrate having fins. (P) "Measurement of fish" means length from the end of the
nose to
the longest tip or end of the tail. (Q) "Wild birds" includes game birds and nongame birds. (R) "Game" includes game birds, game quadrupeds, and
fur-bearing animals. (S) "Game birds" includes mourning doves, ringneck
pheasants,
bobwhite quail, ruffed grouse,
sharp-tailed grouse,
pinnated grouse, wild turkey, Hungarian
partridge, Chukar
partridge, woodcocks, black-breasted plover,
golden plover,
Wilson's snipe or jacksnipe, greater and lesser
yellowlegs, rail,
coots, gallinules, duck, geese, brant, and
crows. (T) "Nongame birds" includes all other wild birds not
included and defined as game birds or migratory game birds. (U) "Wild quadrupeds" includes game quadrupeds and
fur-bearing animals. (V) "Game quadrupeds" includes cottontail rabbits,
gray
squirrels, black squirrels, fox squirrels, red squirrels, flying
squirrels,
chipmunks, groundhogs or woodchucks, white-tailed deer,
wild
boar, and black bears. (W) "Fur-bearing animals" includes minks, weasels,
raccoons,
skunks, opossums, muskrats, fox, beavers, badgers,
otters,
coyotes, and bobcats. (X) "Wild animals" includes mollusks, crustaceans, aquatic
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,
and all other wild mammals, but does not include domestic deer. (Y) "Hunting" means pursuing, shooting, killing, following
after or on the trail of, lying in wait for, shooting at, or
wounding wild birds or wild quadrupeds while employing any device
commonly used to kill or wound wild birds or wild quadrupeds
whether or not the acts result in killing or wounding. "Hunting"
includes
every attempt to kill or wound and every act of
assistance to any other person in killing or wounding or
attempting to kill or wound wild birds or wild quadrupeds. (Z) "Trapping" means securing or attempting to secure
possession of a wild bird or wild quadruped by means of setting,
placing, drawing, or using any device that is designed to close
upon, hold fast, confine, or otherwise capture a wild bird or
wild
quadruped whether or not the means results in capture. "Trapping"
includes every act of assistance to any other person in
capturing
wild birds or wild quadrupeds by means of the device
whether or
not the means results in capture. (AA) "Muskrat spear" means any device used in spearing
muskrats. (BB) "Channels and passages" means those narrow bodies of
water lying between islands or between an island and the mainland
in Lake Erie. (CC) "Island" means a rock or land elevation above the
waters of Lake Erie having an area of five or more acres above
water. (DD) "Reef" means an elevation of rock, either broken or
in
place, or gravel shown by the latest United States chart to be
above the common level of the surrounding bottom of the lake,
other than the rock bottom, or in place forming the base or
foundation rock of an island or mainland and sloping from the
shore of it. "Reef" also means all elevations shown by
that
chart
to be above the common level of the sloping base or
foundation
rock of an island or mainland, whether running from
the shore of
an island or parallel with the contour of the shore
of an island
or in any other way and whether formed by rock, broken
or in
place, or from gravel. (EE) "Fur farm" means any area used exclusively for
raising
fur-bearing animals or in addition thereto used for
hunting game,
the boundaries of which are plainly marked as such. (FF) "Waters" includes any lake, pond, reservoir, stream,
channel, lagoon, or other body of water, or any part thereof,
whether natural or artificial. (GG) "Crib" or "car" refers to that particular compartment
of the net from which the fish are taken when the net is lifted. (HH) "Commercial fish" means those species of fish
permitted
to be taken, possessed, bought, or sold unless
otherwise
restricted by the Revised Code or division rule and
are alewife
(Alosa pseudoharengus), American eel (Anguilla
rostrata), bowfin
(Amia calva), burbot (Lota lota), carp
(Cyprinus carpio),
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo
(Ictiobus
cyprinellus), black bullhead (Ictalurus
melas), yellow bullhead
(Ictalurus natalis), brown
bullhead
(Ictalurus nebulosus), channel
catfish (Ictalurus punctatus),
flathead catfish (Pylodictis
olivaris), whitefish (Coregonus
sp.), cisco (Coregonus sp.),
freshwater drum or sheepshead
(Aplodinotus grunniens), gar
(Lepisosteus sp.), gizzard shad
(Dorosoma cepedianum), goldfish
(Carassius auratus), lake trout
(Salvelinus namaycush), mooneye
(Hiodon tergisus), quillback
(Carpiodes cyprinus), smelt
(Allosmerus elongatus, Hypomesus sp.,
Osmerus sp., Spirinchus
sp.), sturgeon (Acipenser sp.,
Scaphirhynchus sp.), sucker other
than buffalo and quillback
(Carpiodes sp., Catostomus sp.,
Hypentelium sp., Minytrema sp.,
Moxostoma sp.), white bass (Morone
chrysops), white perch (Roccus
americanus), and yellow perch
(Perca flavescens). When the
common name of a fish is used in
this chapter or Chapter 1533. of
the Revised Code, it refers to
the fish designated by the
scientific name in this definition. (II) "Fishing" means taking or attempting to take fish by
any method, and all other acts such as placing, setting, drawing,
or using any device commonly used to take fish whether resulting
in a taking or not. (JJ) "Fillet" means the pieces of flesh taken or cut from
both sides of a fish, joined to form one piece of flesh. (KK) "Part fillet" means a piece of flesh taken or cut
from
one side of a fish. (LL) "Round" when used in describing fish means with head
and tail intact. (MM) "Migrate" means the transit or movement of fish to or
from one place to another as a result of natural forces or
instinct and includes, but is not limited to, movement of fish
induced or caused by changes in the water flow. (NN) "Spreader bar" means a brail or rigid bar placed
across
the entire width of the back, at the top and bottom of the
cars in
all trap, crib, and fyke nets for the purpose of keeping
the
meshes hanging squarely while the nets are fishing. (OO) "Fishing guide" means any person who, for
consideration
or hire, operates a boat, rents, leases, or
otherwise furnishes
angling devices, ice fishing shanties or
shelters of any kind, or
other fishing equipment, and
accompanies, guides, directs, or
assists any other person in
order for the other person to engage
in fishing. (PP) "Net" means fishing devices with meshes composed of
twine or synthetic material and includes, but is not limited to,
trap nets, fyke nets, crib nets, carp aprons, dip nets, and
seines, except minnow seines and minnow dip nets. (QQ) "Commercial fishing gear" means seines, trap nets,
fyke
nets, dip nets, carp aprons, trotlines, other similar gear,
and
any boat used in conjunction with that gear, but does not
include
gill nets. (RR) "Native wildlife" means any species of the animal
kingdom indigenous to this state. (SS) "Gill net" means a single section of fabric or
netting
seamed to a float line at the top and a lead line at the
bottom,
which is designed to entangle fish in the net openings as
they
swim into it. (TT) "Tag fishing tournament" means a contest in which a
participant pays a fee, or gives other valuable consideration,
for
a chance to win a prize by virtue of catching a tagged or
otherwise specifically marked fish within a limited period of
time. (UU) "Tenant" means an individual who resides on land for
which
the individual pays rent and whose annual income is
primarily derived
from agricultural production conducted on that
land, as "agricultural
production" is defined in section 929.01 of
the Revised Code. (VV) "Nonnative wildlife" means any wild animal not
indigenous to this state, but does not include domestic deer. (WW) "Reptiles" includes common musk turtle
(sternotherus
odoratus), common snapping turtle (Chelydra
serpentina
serpentina), spotted turtle (Clemmys guttata), eastern box
turtle
(Terrapene carolina carolina),
Blanding's turtle (Emydoidea
blandingii), common
map turtle (Graptemys geographica), ouachita
map turtle
(Graptemys pseudogeographica ouachitensis), midland
painted turtle
(Chrysemys picta marginata), red-eared slider
(Trachemys
scripta elegans), eastern spiny softshell turtle
(Apalone spinifera
spinifera), midland smooth softshell turtle
(Apalone mutica
mutica), northern fence lizard (Sceloporus
undulatus
hyacinthinus), ground skink (Scincella lateralis),
five-lined skink
(Eumeces fasciatus), broadhead skink (Eumeces
laticeps),
northern coal skink (Eumeces anthracinus anthracinus),
European wall lizard (Podarcis muralis), queen snake
(Regina
septemvittata), Kirtland's snake (Clonophis
kirtlandii), northern
water snake (Nerodia sipedon sipedon),
Lake
Erie watersnake
(Nerodia sipedon insularum), copperbelly
water snake (Nerodia
erythrogaster
neglecta), northern brown snake (Storeria dekayi
dekayi),
midland brown snake (Storeria
dekayi wrightorum),
northern redbelly snake
(Storeria occipitomaculata
occipitomaculata), eastern garter snake
(Thamnophis sirtalis
sirtalis), eastern plains garter snake
(Thamnophis radix radix),
Butler's garter snake
(Thamnophis butleri), shorthead garter snake
(Thamnophis
brachystoma), eastern ribbon snake (Thamnophis
sauritus sauritus), northern ribbon snake (Thamnophis sauritus
septentrionalis), eastern hognose snake (Heterodon platirhinos),
eastern
smooth earth snake (Virginia valeriae valeriae), northern
ringneck
snake (Diadophis punctatus edwardsii), midwest worm snake
(Carphophis amoenus helenae), eastern worm snake (Carphophis
amoenus amoenus), black racer (Coluber constrictor constrictor),
blue
racer (Coluber constrictor foxii), rough green snake
(opheodrys aestivus), smooth green snake (opheodrys
vernalis
vernalis), black rat snake (Elaphe obsoleta obsoleta),
eastern fox
snake (Elaphe
vulpina gloydi), black kingsnake (Lampropeltis
getula nigra),
eastern milk snake (Lampropeltis triangulum
triangulum), northern
copperhead (Agkistrodon contortrix mokasen),
eastern massasauga
(Sistrurus catenatus catenatus), and timber
rattlesnake
(Crotalus horridus horridus). (XX) "Amphibians" includes eastern hellbender
(Crytpobranchus
alleganiensis alleganiensis), mudpuppy (Necturus
maculosus
maculosus),
red-spotted newt
(Notophthalmus viridescens
viridescens), Jefferson
salamander (Ambystoma jeffersonianum),
spotted salamander
(Ambystoma maculatum), blue-spotted salamander
(Ambystoma
laterale), smallmouth salamander (Ambystoma texanum),
streamside
salamander (Ambystoma barbouri), marbled salamander
(Ambystoma opacum), eastern tiger salamander (Ambystoma
tigrinum
tigrinum), northern dusky salamander
(Desmognathus fuscus fuscus),
mountain dusky salamander
(Desmognathus ochrophaeus), redback
salamander (Plethodon
cinereus), ravine salamander (Plethodon
richmondi), northern slimy
salamander (Plethodon glutinosus),
Wehrle's salamander
(Plethodon wehrlei), four-toed salamander
(Hemidactylium
scutatum), Kentucky spring salamander (Gyrinophilus
porphyriticus duryi), northern spring salamander (Gyrinophilus
porphyriticus porphyriticus), mud
salamander (Pseudotriton
montanus), northern red salamander
(Pseudotriton ruber ruber),
green salamander (Aneides
aeneus),
northern two-lined salamander
(Eurycea bislineata), longtail
salamander (Eurycea longicauda
longicauda), cave salamander
(Eurycea
lucifuga), southern
two-lined salamander (Eurycea cirrigera),
Fowler's toad (Bufo
woodhousii fowleri),
American toad (Bufo americanus), eastern
spadefoot
(Scaphiopus holbrookii), Blanchard's cricket frog
(Acris
crepitans blanchardi), northern spring peeper
(Pseudacris
crucifer
crucifer), gray treefrog (Hyla versicolor),
Cope's gray treefrog
(Hyla chrysoscelis), western
chorus frog (Pseudacris triseriata
triseriata), mountain chorus frog
(Pseudacris brachyphona),
bullfrog (Rana catesbeiana),
green frog (Rana clamitans melanota),
northern leopard frog
(Rana pipiens), pickerel frog (Rana
palustris), southern
leopard frog (Rana utricularia), and wood
frog (Rana sylvatica). (YY) "Deer" means white-tailed deer
(Oddocoileus
virginianus). (ZZ) "Domestic deer" means nonnative
deer that have been
legally acquired or their offspring and that are held in
private
ownership for primarily agricultural purposes.
(AAA) "Migratory game bird" includes waterfowl (Anatidae);
doves (Columbidae); cranes (Gruidae); cormorants (Phalacrocoracidea); rails, coots, and gallinules
(Rallidae); and woodcock and snipe (Scolopacidae).
Sec. 1531.02. The ownership of and the title to all wild
animals in this state, not legally confined or held by private
ownership legally acquired, is in the state, which holds such
title in trust for the benefit of all the people. Individual
possession shall be obtained only in accordance with the Revised
Code or division rules. No person at any
time of the year shall take in any manner or possess any number or
quantity of wild animals, except wild animals that the Revised
Code or division rules permit to be taken, hunted, killed, or
had in possession, and only at the time and place and in the
manner that the Revised Code or division rules prescribe. No
person shall buy, sell, or offer any part of wild animals for
sale, or transport any part of wild animals, except as permitted
by the Revised Code or division rules. No person shall possess
or transport a wild animal that has been taken or possessed unlawfully
outside the state. A person doing anything prohibited or neglecting to do
anything required by this chapter or Chapter 1533. of the Revised
Code or contrary to any division rule violates this section. A
person who counsels, aids, shields, or harbors an offender under
such those chapters or any division rule, or who knowingly shares in the
proceeds of such a violation, or receives or possesses any wild
animal in violation of the Revised Code or division rule,
violates this section. No person shall use
a rifle, at any time, in taking migratory game birds.
Sec. 1531.04. The division of wildlife, at the direction
of the chief of the division, shall do all of the following: (A) Plan, develop, and institute programs and policies based on the best
available information, including biological information derived from
professionally accepted practices in wildlife and fisheries management, with
the approval of the director of natural resources; (B) Have and take the general care, protection, and
supervision of the wildlife in the state parks known as Lake St.
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye
Lake, Guilford Lake, such part of Pymatuning reservoir as lies in
this state, and all other state parks and lands owned by the state or
in which it is interested or may acquire or become
interested,
except lands and lakes the care and supervision of which are
vested in some other officer, body, board, association, or
organization; (C) Enforce by proper legal action or proceeding the laws
of the state and division rules for the protection, preservation,
propagation, and management of wild animals and sanctuaries and
refuges for the propagation of those wild animals, and adopt and
carry into effect such measures as it considers necessary in the
performance of its duties; (D) Promote, educate, and inform the citizens of the state about conservation and the values of fishing, hunting, and trapping, with the approval of the director.
Sec. 1531.06. (A) The chief of the division of wildlife,
with
the approval of the director of natural resources, may
acquire by
gift, lease, purchase, or otherwise lands or surface
rights upon
lands and waters or surface rights upon waters for
wild animals,
fish or game management, preservation, propagation,
and
protection, outdoor and nature activities, public fishing and
hunting grounds, and flora and fauna preservation. The chief,
with the approval of the director, may receive by grant, devise,
bequest, donation, or assignment evidences of indebtedness, the
proceeds of which are to be used for the purchase of such lands
or
surface rights upon lands and waters or surface rights
upon
waters. (B)(1) The chief shall adopt rules for the protection of
state-owned
or
leased
lands and waters and property under the
division's control of the division of wildlife against
wrongful use or occupancy that will
ensure the carrying out of the
intent of this section, protect
those lands, waters, and
property from depredations, and preserve
them from
molestation, spoilation, destruction, or any improper
use or
occupancy thereof, including rules with respect
to
recreational activities and for the government and use of such
lands, waters, and property. (2) The chief may adopt rules benefiting wild
animals, fish
or game management, preservation, propagation, and
protection,
outdoor and nature activities, public fishing and
hunting grounds,
and flora and fauna preservation, and regulating the
taking and
possession of wild animals on any lands or waters
owned or leased
or under the division's supervision and control and,
for a
specified period of years, may prohibit or recall the taking
and
possession of any wild animal on any portion of such lands or
waters. The division clearly shall define and mark the
boundaries
of the lands and waters owned or leased or under
its supervision
and control upon which the taking of any
wild animal is
prohibited. (C) The chief, with the approval of the director, may
acquire
by gift, lease, or purchase land for the purpose of
establishing
state fish hatcheries and game farms and may erect
on
it buildings or structures that are necessary. The title to or lease of such lands and waters shall be
taken
by the chief in the name of the state. The lease or
purchase
price of all such lands and waters may be paid from
hunting and
trapping and fishing licenses and any other funds. (D) To provide more public recreation, stream and lake
agreements for public fishing only may be obtained under rules
adopted by the chief. (E) The chief, with the approval of the director, may
establish
user fees for the use of special public facilities or
participation
in special activities on lands and waters
administered by the
division. The special facilities and
activities may include
hunting or fishing on special designated
public lands and waters
intensively managed or stocked with
artificially propagated game
birds or fish, field trial
facilities, wildlife nature centers,
firearm ranges, boat mooring
facilities, camping sites, and other
similar special facilities
and activities. The chief shall determine whether
the user fees
are refundable and shall ensure that that information is
provided
at the time the user fees are paid. (F) The chief, with the
approval of the director, may enter
into lease agreements for
rental of concessions or other special
projects situated on
state-owned or leased lands or waters or
other property under
the division's control. The chief shall set
and collect the fees for
concession rentals or other special
projects; regulate through
contracts between the division and
concessionaires the sale of
tangible objects at concessions or
other special projects; and
keep a record of all such fee payments
showing the amount
received, from whom received, and for
what
purpose the
fee was collected. (G) The chief may sell or donate
conservation-related items
or items that promote wildlife
conservation, including, but not
limited to, stamps, pins,
badges, books, bulletins, maps,
publications, calendars, and any other
educational article or
artifact pertaining to wild animals; sell
confiscated or forfeited
items; and sell surplus structures and
equipment, and timber or
crops from lands owned, administered,
leased, or controlled by the
division. (H) The chief may sell, lease, or transfer minerals or
mineral rights,
with the approval of the director, when the chief
and the director determine
it to be in the best interest of the
state. Upon approval of the director,
the chief may make,
execute, and deliver contracts, including leases, to mine,
drill,
or excavate iron ore, stone, coal, petroleum, gas, salt, and other
minerals upon and under lands owned by the state and administered
by the
division to any person who complies with the terms of such
a contract. No
such contract shall be valid for more than fifty
years from its effective
date. Consideration for minerals and
mineral rights shall be by rental or
royalty basis as prescribed
by the chief and payable as prescribed by contract. Moneys
collected under
this division shall be paid into the state
treasury to the
credit of the wildlife habitat
fund created in
section 1531.33 of
the Revised Code. Contracts entered
into under
this division also
may provide for
consideration for minerals or
mineral rights in
the form of acquisition of
lands as provided
under divisions (A)
and (C) of this section. (I) All moneys received under divisions (E), (F), and (G) of
this section
shall be paid into the state treasury to
the credit
of a fund that shall be used for the purposes
outlined in section
1533.15 of the
Revised Code and for the
management of other wild
animals for
their ecological and
nonconsumptive recreational value
or
benefit. (J) The chief, with
the approval of the director, may barter
or sell wild animals to
other states, state or federal agencies,
and conservation or
zoological organizations. Moneys received
from the sale of wild
animals shall be deposited into the wild
animal fund created in
section 1531.34 of the Revised Code. (K) The chief shall adopt rules establishing standards
and
guidelines for the administration of contraceptive chemicals
to
noncaptive wild animals. The rules may specify chemical
delivery
methods and devices and monitoring requirements.
The chief shall establish criteria for the issuance of
and
shall issue permits for the administration of contraceptive
chemicals to noncaptive wild animals. No person shall
administer
contraceptive chemicals to noncaptive wild animals
without a
permit issued by the chief. (L) All fees set by the chief under this section shall be
approved by the wildlife council.
(M) Information contained in the wildlife diversity database that is established pursuant to division (B)(2) of this section and section 1531.25 of the Revised Code may be made available to any individual or public or private agency for research, educational, environmental, land management, or other similar purposes that are not detrimental to the conservation of a species or feature. Information regarding sensitive site locations of species that are listed pursuant to section 1531.25 of the Revised Code and of features that are included in the wildlife diversity database is not subject to section 149.43 of the Revised Code if the chief determines that the release of the information could be detrimental to the conservation of a species or feature.
Sec. 1531.17. All fines, penalties, and forfeitures
arising from prosecutions, convictions, confiscations, or
otherwise other actions comenced under this chapter and Chapters 1517. and Chapter 1533. of the
Revised Code, unless otherwise directed by the director of
natural resources, shall be paid by the officer by whom collected
to the director and by him the director paid into the state
treasury to the credit of the wildlife fund, which is hereby created, for the
use of the division of wildlife. All moneys collected as license
fees on nets in the Lake Erie fishing district shall be paid by
the director into the state treasury to the credit of the
wildlife fund for use only in the betterment and the propagation
of fish therein or in otherwise propagating fish in such that
district. All investment earnings of the fund shall be credited
to the fund. The wildlife fund shall not be used for
compensation of personnel employed by other divisions of the
department of natural resources who are assigned to law
enforcement duties in aid of the division of wildlife or for
compensation of division of wildlife personnel for activities
related to the instruction of personnel of other divisions.
Sec. 1531.20. Any motor vehicle, all-terrain vehicle, or
boat used in the unlawful taking or transporting of wild animals,
and any net, seine, trap, ferret, gun, or other device used in the
unlawful taking of wild animals, is a public nuisance. Each wildlife
officer, or other officer with like authority, shall seize and
safely keep such property and the illegal results of its use, and unless
otherwise ordered by the chief of the
division of wildlife shall institute initiate, within five thirty days,
proceedings in a proper court of the county for its forfeiture. A writ of
replevin shall not lie to take the property from the officer's
custody or from the custody or jurisdiction of the court in which
the proceeding is instituted initiated, nor shall the proceeding affect a
criminal prosecution for the unlawful use or possession of the property. An action for the forfeiture of any such property shall be
commenced initiated by the filing of an affidavit describing the property
seized and stating the unlawful use made of it, the time and
place of seizure, and the name of the person owning or using it
at the time of seizure. If the name is unknown, that fact shall
be stated. Upon the filing of the affidavit, the court shall
issue a summons setting forth the facts stated in the affidavit
and fixing a time and place for the hearing of the complaint. A
copy of the summons shall be served on the owner or person using
the property at the time of its seizure, if the owner or user
is known, or by leaving a copy thereof at the owner's or
user's usual residence or place of
business in the county, at least three days before the time fixed
for the hearing of the complaint. If the owner or user is
unknown or a nonresident of the county or cannot be found
therein, a copy of the summons shall be posted at a suitable
place nearest the place of seizure, but if the owner's or
user's address is known, a copy of the summons shall be mailed to
the owner or user at least three days before the time fixed
for the hearing of the complaint. On the date fixed for the hearing, the
officer making the service shall make a return of the time and manner of
making the service. Upon
the proper cause shown, the court may postpone the hearing. If A proceeding for the forfeiture of seized property that is initiated under this section shall not progress to actual forfeiture of the seized property unless so ordered by the court. The court may order the actual forfeiture of the seized property as part of the sentence that it imposes if the owner or person unlawfully using the property at
the time of its seizure is arrested convicted, pleads guilty, and or confesses
that the property at the time of its seizure was being used by
the owner or user in violation of law or division rule, no
proceeding of forfeiture shall be instituted, but the court in
imposing sentence shall order the. Forfeited property so seized forfeited to
shall be the property of the state, to be disposed of thereafter as the chief of the division of
wildlife directs.
Notwithstanding any other provision of this section to
the contrary, a proceeding of forfeiture shall not be instituted
under this section unless the owner of the property or the
person unlawfully using the property is convicted of a violation
of law or division rule.
Sec. 1531.99. (A) Whoever violates section 1531.02 of the
Revised Code, or any division rule, other than a rule adopted under
section 1531.25 of the Revised Code, is guilty of a misdemeanor of the fourth
degree. (B) Whoever violates section 1531.02 of the Revised Code
concerning the taking or possession of deer or violates division
(K) of section 1531.06 or section 1531.07 or 1531.29 of the
Revised Code is guilty of a misdemeanor of the third degree on a first
offense; on each subsequent offense, that person is guilty of a misdemeanor of
the first degree. (C) Whoever violates section 1531.25 of the Revised Code
is guilty of a misdemeanor of the first degree. (D) Whoever violates section 1531.02 of the Revised Code concerning the
buying, selling, or offering for sale of any wild animals or parts of wild animals, the
minimum value of which animals or parts, in the aggregate, is more than one
thousand dollars or more as established under section 1531.201 of the Revised Code, is
guilty of a felony of the fifth degree. (E) A court that imposes sentence for a violation of any
section of this chapter governing the holding, taking, buying, selling, or
possession of wild animals, including, without limitation,
section 1531.11 of the Revised Code, shall require the person who
is convicted of or pleads guilty to the offense, in addition to
any fine, term of imprisonment, seizure, and forfeiture imposed,
to make restitution for the minimum value of the wild animal
illegally held, taken, bought, sold, or possessed as established under section
1531.201 of the Revised Code. An officer who collects moneys
paid as restitution under this section shall pay those moneys to
the treasurer of state who shall deposit them in the state
treasury to the credit of the wildlife fund established under
section 1531.17 of the Revised Code.
Sec. 1533.08. Except as otherwise provided by division rule, any person
desiring to collect or possess wild animals that are protected by law or their nests or
eggs for scientific
study, school instruction, other educational uses, or rehabilitation shall
make an annual application to the chief of the division of wildlife for a
wild animal collecting permit on a form furnished by the chief. Each
applicant for a wild animal collecting permit, other than an
applicant desiring to rehabilitate wild animals, shall pay an
annual fee of twenty-five dollars for each permit. No fee shall be charged to an
applicant desiring to rehabilitate wild animals. When it appears
that the application is made in good faith, the The chief shall may issue to the
applicant a permit to take, possess, and transport at any time
and in any a manner that is acceptable to the chief specimens of wild animals protected by law or
their nests and eggs for scientific study, school instruction,
other educational uses, or rehabilitation and under any additional
rules recommended by the wildlife council. Upon the receipt of a
permit, the holder may take, possess, and transport those
wild animals in accordance with the permit. Each holder of a permit engaged in collecting or who posses such wild
animals shall carry the permit at all times
and shall exhibit it upon demand to any wildlife officer, constable, sheriff,
deputy sheriff, or police peace officer, as defined in section 2935.01 of the Revised Code, or to the owner or person in
lawful control of the land upon which the permit holder is
collecting, or to any other person possesses the wild animals. Failure to so carry or exhibit the permit
constitutes an offense under this section. Each permit holder shall keep a daily record of all
specimens collected or possessed under the permit and the disposition of the
specimens and shall exhibit the daily record to any official of
the division upon demand. Each permit shall remain in effect for one year from
the date of issuance unless it is revoked sooner by the chief. All moneys received as fees for the issuance of a wild
animal collecting permit shall be transmitted to the director
of natural resources to be paid into the state treasury to the
credit of the fund created by section 1533.15 of the Revised
Code.
Sec. 1533.09. Before the first fifteenth day of February March of each
year, each wild animal collecting permit holder shall file with
the division of wildlife a written report of his the permit
holder's operations under the permit and the disposition of the specimens
collected or possessed during
the preceding calendar year on report blanks furnished by the
chief of the division. Failure to file a report
shall cause the permit to be forfeited as of the first fifteenth day of
February March. Permits are not transferable. No permit holder or
person collecting or possessing wild animals under authority of such a permit shall
take, possess, or transport the wild animals for any purpose not
specified in the permit. Conviction of a violation of this section, failure to carry
a permit and exhibit it to any person requesting to
see it as provided in section 1533.08 of the Revised Code, or the violation of any other law concerning wild animals
constitutes a revocation and forfeiture of the permit involved.
The former permit holder shall not be entitled to another permit
for a period of one year from the date of the conviction.
Sec. 1533.10. Except as provided in this section or
division (A)(2) of section 1533.12 of the Revised Code, no person
shall hunt any wild bird or wild quadruped without a hunting
license. Each day that any person hunts within the state without
procuring such a license constitutes a separate offense. Except as otherwise provided in this section, every
applicant for a hunting license who is a resident of the state
and eighteen years of age or more shall
procure a resident hunting license,
the fee for which shall be eighteen dollars, unless the rules
adopted under division (B) of section 1533.12 of the Revised Code
provide for issuance of a resident hunting license to the
applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior hunting license, the fee for which shall be one-half of the regular hunting license fee. Every applicant who is under the age of eighteen years shall procure a
special youth hunting license, the fee for which shall be
one-half of the regular hunting license fee. The owner of lands in the
state and the
owner's children of any
age and grandchildren under eighteen years of age may hunt
on the lands
without a hunting license. The tenant and children of
the tenant, residing on lands in the state, may hunt
on them without a hunting license. Except as otherwise provided in division (A)(1) of section 1533.12 of the Revised Code, every applicant for
a hunting
license who is a nonresident of the state and who is eighteen years of age or older shall procure a
nonresident hunting license, the fee for which shall be
one hundred twenty-four dollars, unless the applicant is a resident of a state that is a
party to an agreement under section 1533.91 of the Revised Code,
in which case the fee shall be eighteen dollars. The chief of the division of wildlife may issue a
small game hunting license expiring three days from the effective
date of the license to a nonresident of the state, the fee for
which shall be thirty-nine dollars. No person shall take or
possess deer, wild turkeys, fur-bearing animals, ducks, geese, brant,
or any nongame animal while
possessing only a
small game hunting license. A
small game hunting license does not authorize the taking or possessing of
ducks, geese, or brant without having obtained, in addition to
the small game hunting license, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code. A
small game hunting license does not authorize the taking
or possessing of deer, wild turkeys, or fur-bearing animals. A
nonresident of the state who wishes to take or possess deer,
wild turkeys, or fur-bearing animals in this state shall
procure, respectively, a special deer or wild turkey permit as
provided in section 1533.11 of the Revised Code or a fur
taker permit as provided in section 1533.111 of the Revised
Code in addition to a nonresident hunting license or a special youth hunting license, as applicable, as provided in this
section. No person shall procure or attempt to procure a hunting
license by fraud, deceit, misrepresentation, or any false
statement. This section does not authorize the taking and possessing
of deer or wild turkeys without first having obtained, in
addition to the hunting license required by this section, a
special deer or wild turkey permit as provided in section 1533.11
of the Revised Code or the taking and possessing of ducks, geese,
or brant without first having obtained, in addition to the
hunting license required by this section, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code. This section does not authorize the hunting or trapping of
fur-bearing animals without first having obtained, in addition to
a hunting license required by this section, a fur taker permit as
provided in section 1533.111 of the Revised Code. No hunting license shall be issued unless it is accompanied by a written
explanation of the law in section 1533.17
of the Revised Code and the penalty for its
violation, including a description of terms of imprisonment and fines that may
be imposed. No hunting license shall be issued unless the applicant
presents to the agent authorized to issue the license a
previously held hunting license or evidence of having held such a
license in content and manner approved by the chief, a
certificate of completion issued upon completion of a hunter
education and conservation course approved by the chief, or
evidence of equivalent training in content and manner approved by
the chief. No person shall issue a hunting license to any person who
fails to present the evidence required by this section. No
person shall purchase or obtain a hunting license without
presenting to the issuing agent the evidence required by this
section. Issuance of a hunting license in violation of the
requirements of this section is an offense by both the purchaser
of the illegally obtained hunting license and the clerk or agent
who issued the hunting license. Any hunting license issued in
violation of this section is void. The chief, with approval of the wildlife council, shall
adopt rules prescribing a hunter education and conservation
course for first-time hunting license buyers and for volunteer
instructors. The course shall consist of subjects including, but
not limited to, hunter safety and health, use of hunting
implements, hunting tradition and ethics, the hunter and
conservation, the law in section 1533.17
of the Revised Code along with the penalty for
its
violation, including a description of terms of imprisonment and fines that may
be imposed, and other law relating to hunting.
Authorized
personnel of the division or volunteer instructors approved by
the chief shall conduct such courses with such frequency and at
such locations throughout the state as to reasonably meet the
needs of license applicants. The chief shall issue a certificate
of completion to each person who successfully completes the
course and passes an examination prescribed by the chief.
Sec. 1533.11. (A) Except as provided in this section, no
person shall hunt deer on lands of another without first
obtaining an annual special deer permit. Except as provided in
this section, no person shall hunt wild turkeys on lands of
another without first obtaining an annual special wild turkey
permit. Each applicant for a special deer or wild turkey permit
shall pay an annual fee of twenty-three dollars for each permit unless the rules adopted under division (B)
of section 1533.12 of the Revised Code provide for issuance of a
deer or wild turkey permit to the applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior deer or wild turkey permit, the fee for which shall be one-half of the regular special deer or wild turkey permit fee. Each applicant who is under the age of eighteen years shall procure a special youth deer or wild turkey permit, the fee for which shall be one-half of the regular special deer or wild turkey permit fee.
Except as provided in division (A)(2) of section 1533.12 of the
Revised Code, a deer or wild turkey permit shall run concurrently
with the hunting license. The money received shall be paid into the state
treasury to the credit of the wildlife fund, created in section
1531.17 of the Revised Code, exclusively for the use of the
division of wildlife in the acquisition and development of land
for deer or wild turkey management, for investigating deer or
wild turkey problems, and for the stocking, management, and
protection of deer or wild turkey. Every person, while hunting
deer or wild turkey on lands of another, shall carry the
person's special deer or wild turkey permit and exhibit it
to any enforcement officer so requesting. Failure to so carry and
exhibit such a permit constitutes an offense under this section.
The chief of the division of wildlife shall adopt any additional
rules the chief considers necessary to carry out this section
and section 1533.10 of the Revised Code. The owner and the children of the owner of lands in this
state may hunt deer or wild turkey thereon without a special deer
or wild turkey permit. The tenant and children of the
tenant may hunt deer or wild turkey on lands where
they reside without a special deer or wild turkey permit. (B) A special deer or wild turkey permit is not
transferable. No person shall carry a special deer or wild
turkey permit issued in the name of another person. (C) The wildlife refunds fund is hereby created in the
state treasury. The fund shall consist of money received from
application fees for special deer permits that are not issued.
Money in the fund shall be used to make refunds of such
application fees.
Sec. 1533.12. (A)(1) Except as otherwise provided in division (A)(2) of this section, every person on active duty in the armed forces of the United States who is stationed in this state and who wishes to engage in an activity for which a license, permit, or stamp is required under this chapter first shall obtain the requisite license, permit, or stamp. Such a person is eligible to obtain a resident hunting or fishing license regardless of whether the person qualifies as a resident of this state. To obtain a resident hunting or fishing license, the person shall present a card or other evidence identifying the person as being on active duty in the armed forces of the United States and as being stationed in this state.
(2) Every person on active duty in the
armed forces of the United States, while on leave or furlough,
may take or catch fish of the kind lawfully permitted to be taken
or caught within the state, may hunt any wild bird or wild
quadruped lawfully permitted to be hunted within the state, and
may trap fur-bearing animals lawfully permitted to be trapped
within the state, without procuring a fishing license, a hunting
license, a fur taker permit, or a wetlands habitat stamp required
by this chapter, provided that the person shall carry on the person when
fishing, hunting, or trapping, a card or other
evidence identifying the person as
being on active duty in the armed
forces of the United States, and provided that the person is not
otherwise violating any of the hunting, fishing, and trapping
laws of this state. In order to hunt deer or wild turkey, any such person shall
obtain a special deer or wild turkey permit, as applicable, under
section 1533.11 of the Revised Code. However, the person need
not obtain a hunting license in order to obtain such a permit. (B) The chief of the division of wildlife shall provide by
rule adopted under section 1531.10 of the Revised Code all of
the following: (1) Every resident of this state with a disability that
has been determined by the veterans administration to be
permanently and totally disabling, who receives a pension or
compensation from the veterans administration, and who received
an honorable discharge from the armed forces of the United
States, and every veteran to whom the registrar of motor vehicles
has issued a set of license plates under section 4503.41 of the
Revised Code, shall be issued an annual a fishing license, hunting
license, fur taker permit, deer or wild turkey permit, or
wetlands habitat stamp, or any combination of those licenses,
permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when application is made to
the chief in the manner prescribed by and on forms provided by
the chief. (2) Every resident of the state who was born on or before December 31, 1937, shall be issued an annual fishing license, hunting
license, fur taker permit, deer or wild turkey permit, or
wetlands habitat stamp, or any combination of those licenses,
permits, and stamp, free of charge when application is made to
the chief in the manner prescribed by and on forms provided by
the chief. (3) Every resident of state or county institutions,
charitable institutions, and military homes in this state shall
be issued an annual fishing license free of charge when
application is made to the chief in the manner prescribed by and
on forms provided by the chief. (4) Any mobility impaired or blind person, as defined in
section 955.011 of the Revised Code, who is a resident of this state and who is
unable to engage in fishing without the assistance of another
person shall be issued an annual
fishing license free of charge when application is made to the
chief in the manner prescribed by and on forms provided by the
chief. The person who is assisting the mobility
impaired or blind person may
assist in taking or catching fish of the kind permitted to be
taken or caught without procuring the license required under
section 1533.32 of the Revised Code, provided that only one line
is used by both persons. (5) As used in division (B)(5) of this section,
"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. Any person who has been a prisoner of war, was honorably
discharged from the military forces, and is a resident of this
state shall be issued an annual a fishing license, hunting license,
fur taker permit, or wetlands habitat stamp, or any combination
of those licenses, permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when
application is made to the chief in the manner prescribed by and
on forms provided by the chief. (C) The chief shall adopt rules pursuant to section
1531.08 of the Revised Code designating not more than two days,
which need not be consecutive, in each year as "free sport
fishing days" on which any resident may exercise the privileges
accorded the holder of a fishing license issued under section
1533.32 of the Revised Code without procuring such a license,
provided that the person is not otherwise violating any of the
fishing laws of this state.
Sec. 1533.131. The chief of the division of wildlife may
sell gift certificates that may be used to obtain hunting and
fishing licenses, fur taker, special deer, and special wild turkey permits,
and wetlands habitat stamps. For the purposes of this section, the chief
shall adopt rules in accordance with section 1531.10 of the
Revised Code doing all of the following: (A) Providing that a
gift certificate may be used to obtain a resident or nonresident hunting
license under section 1533.10 of the Revised
Code, a resident or nonresident fishing
license under section 1533.32 of the
Revised
Code, a fur taker permit under section 1533.111 of the
Revised Code, a special deer or wild turkey permit under
section 1533.11 of the Revised Code, a wetlands habitat
stamp under section 1533.112 of the Revised Code, or a
combination of those licenses, permits, and stamps; (B) Prescribing the form for the gift certificates; (C) Authorizing persons who are
designated and authorized under section 1533.13 of the
Revised Code to sell licenses and
permits under this chapter also to sell gift certificates under
this section; (D) Establishing fees for the gift
certificates, which shall equal the total of the fee for a
resident or nonresident hunting license, a resident or nonresident fishing
license, a fur taker permit, a special deer or wild turkey permit, a wetlands
habitat stamp, or a combination of those licenses, permits, and stamps stamp, as
applicable, and the
fee established under section 1533.13 of the
Revised Code; (E) Requiring gift certificates to
expire one year after the date of purchase. Nothing in this section or rules adopted under it relieves
an individual who receives a gift certificate for a hunting
license from complying with the requirement established under
section 1533.10 of the Revised
Code to present, when applying
for the license, a previously held hunting license or evidence
of having held such a license in content and manner approved by
the chief, a certificate of completion issued upon completion of
a hunter education and conservation course approved by the
chief, or evidence of equivalent training in content and manner
approved by the chief. Nothing in this section or rules adopted under it relieves an individual
who receives a gift certificate for a fur taker permit from complying with the
requirements established under section 1533.111 of the Revised
Code to present, when applying for the permit, a previously held
hunting license or trapping or fur taker permit or evidence of having held
such a license or permit in content and manner approved by the chief, a
certificate of completion issued upon completion of a trapper education course
approved by the chief, or evidence of equivalent training in content and
manner approved by the chief.
Sec. 1533.171. (A) No person, in the act of hunting, pursuing, taking, or
killing a wild animal, shall act in a negligent, careless,
or reckless manner so as to injure persons or property. (B) The court before whom any person is convicted of or
pleads guilty to a violation of division (A) of this section
shall report that fact, together with the violator's name and
address, to the chief of the division of wildlife not later than
ten days after the date of conviction or plea. (C) Not later than seven days after receiving a
notification under division (B) of this section, the chief shall
revoke, for not less than one year nor more than five years, each
hunting license, fur taker permit, special deer permit, special
wild turkey permit, and wetlands habitat stamp issued to that
person under this chapter. No fee paid for such a license,
permit, or stamp shall be returned to the person. Upon revoking a license, permit, or stamp, or a combination
thereof, under this division, the chief immediately shall send a
notice of that action by certified mail to the last known
address
of the person. The notice shall state the action taken, order
the person to surrender the revoked license, permit, or stamp, or
combination thereof, and state that the department of natural
resources will not afford a hearing as required under section
119.06 of the Revised Code. (D) If, after receiving a notice under division (C) of
this section, the person decides to petition for a review of the
revocation, the person shall file a petition for such a
review not later
than thirty days after receiving the notice in the municipal
court or the county court, or, if the person is under eighteen
years of age, the juvenile court, in whose jurisdiction the
violation occurred. The review shall be limited to the question
of the appropriateness of the period of revocation. The court
shall send a copy of the petition to the chief by certified mail
together with timely notice of the date, time, and place of a
hearing on the petition. The filing of a petition for a review
shall not stay the revocation during the pendency of the appeal. (E) No person whose license, permit, or stamp, or a
combination thereof, has been revoked under this section shall
attempt to purchase, purchase, apply for, or receive any hunting
license, fur taker permit, special deer permit, special wild
turkey permit, or wetlands habitat stamp issued under this
chapter or engage in hunting during the time any such license,
permit, or stamp, or a combination thereof, is revoked.
Sec. 1533.68. If a person is convicted of a violation of
any law relative to the taking, possession, protection,
preservation, or propagation of wild animals, or a violation of
division (C) of section 2909.08 of the Revised Code while
hunting, or is convicted of a violation of any rule of the
division of wildlife, the court or magistrate before whom the
conviction is had, as an additional part of the penalty in
each case, shall may suspend or revoke each license or permit issued to the
person in accordance with any section of the Revised Code
pertaining to the hunting, fishing, trapping, breeding, and sale of
wild animals or the sale of their hides, skins, or pelts. No fee paid for
such a license or permit shall be returned to the
person. No person having a license or permit suspended or revoked
as provided in this section, in the event of a hunting or
trapping violation, shall engage in hunting or trapping, in the event
of a violation of division (C) of section 2909.08 of the Revised
Code while hunting, shall engage in hunting, or in the event of a
fishing violation, shall engage in fishing, or purchase, apply for, or
receive any such license or permit for the following periods of time, as
applicable: (A) Three years after the date of conviction if the person
is convicted of taking or possessing a deer in violation of
section 1531.02 of the Revised Code; (B) Not more than three years after the date of conviction
if the person is convicted of taking or possessing any other wild
animal in violation of section 1531.02 of the Revised Code, is
convicted of a misdemeanor violation of division (C) of section
2909.08 of the Revised Code while hunting, or is convicted of a
second or subsequent violation of section 1533.17 of the Revised Code
within a period of
three consecutive years after the date of conviction of the immediately
preceding violation of that section; (C) Not more than five years after the date of conviction
if the person is convicted of violating section 1533.171 or of
taking or possessing an eagle or osprey in violation of section
1533.07 of the Revised Code or is convicted of a felony
violation of division (C) of section 2909.08 of the Revised Code
while hunting; (D) Not more than five years after the date of conviction if the
person is convicted of violating any section of this chapter or
Chapter 1531. of the Revised Code not specified in division (A),
(B), or (C) of this section. All licenses and permits suspended or revoked as provided
in this section shall be taken up by the magistrate and sent to
the department of natural resources where they shall be filed
with a record of the arrest until the person who held the
suspended or revoked license or permit is lawfully entitled to
obtain another license or permit.
Sec. 1533.86. As used in sections
1533.86 to 1533.90 of the Revised Code: (A) "Ginseng" means the plant Panax quinquefolius L., also
known as Panax quinquefolium L., commonly known as American
ginseng. (B) "Wild ginseng" means ginseng that grows in an uncultivated state and in
its natural habitat whether the plant
occurs naturally from that habitat or was introduced or increased
in abundance by sowing ginseng seed or transplanting ginseng
plants from other areas and performing no other cultivation
practices. (C) "Cultivated ginseng" means ginseng that grows or has
been grown in tilled beds under the shade of artificial
structures or natural shade and is cultivated according to
standard ginseng horticultural practices. (D) "Harvest" means to cut, pick, dig, root up, gather, or
otherwise collect ginseng or to attempt to cut, pick, dig, root up, gather, or otherwise collect ginseng. (E) "Person" includes any legal entity defined as a person
under section 1.59 6111.01 of the Revised Code and any political
subdivision, instrumentality, or agency of this state, another
state, or the United States. (F) "Collector" means a person who harvests ginseng. (G) "Grower" means a person who grows cultivated ginseng. (H) "Dealer" means a person who buys or otherwise acquires
or conveys ginseng for resale. (I) "Buy" includes trade or barter. (J) "Sell" includes trade or barter.
Sec. 1541.03. All lands and waters dedicated and set apart
for state park purposes shall be under the control and management
of the division of parks and recreation, which shall protect,
maintain, and keep them in repair. The division shall have the
following powers over all such lands and waters: (A) To make alterations and improvements; (B) To construct and maintain dikes, wharves, landings,
docks, dams, and other works; (C) To construct and maintain roads and drives in,
around, upon, and to the lands and waters
to make them conveniently accessible and useful to the public; (D) Except as otherwise provided in this section, to adopt, amend, and rescind,
in accordance with Chapter
119. of the Revised Code, rules necessary for the proper management
of state parks, bodies of water, and the lands adjacent to
them under its jurisdiction and control, including the following: (1) Governing opening and closing times and dates of the
parks; (2) Establishing fees and charges for use of facilities in state parks; (3) Governing camps, camping, and fees for camps and
camping; (4) Governing the application for and rental of,
rental fees for, and the use of cabins cottages; (5) Relating to public use of state park lands, and
governing the operation of motor vehicles, including speeds, and
parking on those lands; (6) Governing all advertising within
state parks and the requirements for the operation of places selling
tangible personal property and control of food service sales on
lands and waters under the control of the division, which rules
shall establish uniform requirements; (7) Providing uniform standards relating to the size, type,
location, construction, and maintenance of structures and devices
used for fishing or moorage of watercraft, rowboats, sailboats,
and powercraft, as those terms are defined in section 1547.01 of
the Revised Code, over waters under the control of the division
and establishing reasonable fees for the construction of and annual
use permits for those structures and devices; (8) Governing state beaches, swimming, inflatable devices,
and fees for them; (9) Governing the removal and disposition of any watercraft,
rowboat, sailboat, or powercraft, as those terms are defined in
section 1547.01 of the Revised Code, left unattended for more
than seven days on any lands or waters under the control of the
division; (10) Governing the establishment and collection of check collection
charges for checks that are returned to the division or dishonored for any
reason.
The division shall adopt rules under this section establishing a discount program for all persons who are issued a golden buckeye card under section 173.06 of the Revised Code. The discount program shall provide a discount for all park services and rentals, but shall not provide a discount for the purchase of merchandise. The division shall not adopt rules establishing fees or charges for parking a motor vehicle in a state park or for admission to a state park. Every resident of this state with a disability that has
been determined by the veterans administration to be permanently
and totally disabling, who receives a pension or compensation
from the veterans administration, and who received an honorable
discharge from the armed forces of the United States, and every
veteran to whom the registrar of motor vehicles has issued a set
of license plates under section 4503.41 of the
Revised Code, shall be exempt from the fees for camping, provided that
the resident or veteran carries in the state park such evidence of
the resident's or veteran's disability as the chief of the division of
parks and recreation prescribes by rule. Unless otherwise provided by division rule, every resident of this state who is sixty-five years of age
or older or who is permanently and totally disabled and who
furnishes evidence of that age or disability in a manner
prescribed by division rule shall be charged one-half of the
regular fee for camping, except on the weekends and
holidays designated by the division, and
shall
not be charged more than ninety per cent of the regular charges for
state recreational facilities, equipment, services, and food service
operations utilized by the person at any time of year,
whether maintained or operated by the state or leased for operation by another
entity. As used in this section, "food service operations" means
restaurants that are owned by the department of natural
resources at Hocking Hills, Lake Hope, Malabar Farm, and Rocky
Fork state parks or are part of a state park lodge.
"Food service operations" does not include automatic
vending machines, concession stands, or snack bars. As used in this section, "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.
Any person who has been a prisoner of war, was honorably
discharged from the military forces, and is a resident of this
state is exempt from the fees for camping. To claim this
exemption, the person shall present written evidence in the form
of a record of separation, a letter from one of the military
forces of the United States, or such other evidence as the chief
prescribes by rule that satisfies the eligibility criteria
established by this section.
Sec. 1541.05. (A) The chief of the division of parks and
recreation, with the approval of the director of natural
resources, may dispose of any of the following by sale, donation, trade,
trade-in, recycling, or any other lawful means, in a manner that will benefit
the division: (1) Standing timber that as a result of wind, storm, pestilence, or any other natural
occurrence may present a hazard to life or property, or timber that has weakened or fallen
on lands under the
control and management of the division, or any timber that requires management to improve wildlife habitat, protect against wildfires, provide access to recreational facilities, or improve the safety, quality, or appearance of any state park area; (2) Spoils of a dredging operation conducted by the
division in waters under the control and management of the
division. Prior to the disposition of any spoils under this
division, the chief shall notify the director of environmental
protection of his the chief's intent so that the director may
determine if the spoils
constitute solid wastes or
hazardous waste, as those terms are defined in section 3734.01 of
the Revised Code, that shall must be disposed of in accordance with
Chapter 3734. of the Revised Code. If the director does not notify the chief
within thirty
days after receiving notice of the disposition that the spoils
shall must be disposed of in accordance with Chapter 3734. of the
Revised Code, the chief may proceed with the disposition. (3) Notwithstanding sections 125.12 to 125.14 of the Revised Code, excess
supplies and surplus supplies, as those terms are defined in section 125.12 of
the Revised Code; (4) Agricultural products that are grown or raised by the division. As used
in this division, "agricultural products" includes products of apiculture,
animal husbandry, or poultry husbandry, field crops, fruits, and vegetables. (5) Abandoned personal property, including golf balls that are found on
property
under the control and management of the division. (B) In accordance with Chapter 119. of the Revised Code, the chief shall
adopt, and may amend and rescind, such rules as are necessary to administer
this section. (C) Proceeds from the disposition of items under this section shall be
deposited in the state
treasury to the credit of the state park fund created in section
1541.22 of the Revised Code.
Sec. 1541.22. (A) The chief of the division of parks and
recreation shall collect all rentals from leases of state lands
and moneys for pipe permits, dock licenses, concession fees, and
special privileges of any nature from all lands and waters
operated and administered by the division of parks and
recreation.
The chief shall keep a record of all such
payments showing the
amounts received, from whom, and for what purpose
collected. All
such payments shall be credited to the state park fund, which
is
hereby created in the state treasury, except such revenues
required to be set aside or paid into depositories or trust funds
for the payment of bonds issued under sections 1501.12 to 1501.15
of the Revised Code, and to maintain the required reserves
therefor as provided in the orders authorizing the issuance of
such bonds or the trust agreements securing such bonds, and
except
such revenues required to be paid and credited pursuant to
the
bond proceedings applicable to obligations issued pursuant to
section 154.22 of the Revised Code. All moneys derived from the
operation of the lands, waters, facilities, and equipment by the
division, except such revenues required to be set aside or paid
into depositories or trust funds for the payment of bonds issued
under sections 1501.12 to 1501.15 of the Revised Code, and to
maintain the required reserves therefor as provided in the orders
authorizing the issuance of such bonds or the trust agreements
securing such bonds, and except such revenues required to be paid
and credited pursuant to the bond proceedings applicable to
obligations issued pursuant to section 154.22 of the Revised
Code,
shall accrue to the credit of the state park fund. All fines, penalties, and forfeitures arising from prosecutions, convictions, confiscations, or other actions commenced under this chapter shall be deposited in the state treasury to the credit of the fund.
Except as otherwise provided in division (B) of this section and in sections 154.22, 1501.11,
and
1501.14 of the Revised Code, such the fund shall not be expended
for
any purpose other than the administration, operation,
maintenance,
development, and utilization of lands and waters,
and for
facilities and equipment incident thereto, administered
by the
division, or for the further purchase of lands and waters
by the
state for park and recreational purposes. (B) The chief shall use moneys in the fund from the issuance of
Ohio state parks license plates under section 4503.575 of the
Revised Code only to pay the costs of state park interpretive and
educational programs and displays and the development and
operation of state park interpretive centers.
Sec. 1547.08. (A) No person shall operate a vessel within
or through a designated bathing area or within or through any
area
that has been buoyed off designating it as an area in which
vessels are prohibited. (B)(1) No person shall operate a vessel at greater than idle
speed or at a speed that creates a wake
under any of the
following
circumstances: (a) Within three hundred feet
of any marina, boat docking
facility, boat gasoline dock, launch
ramp, recreational boat
harbor, or harbor entrance
on Lake Erie or on the Ohio
river; (b) During the period
from sunset to sunrise according to
local time within any
water between the Dan Beard bridge and the
Brent Spence bridge on the
Ohio river for any vessel not
documented by the United States coast guard as
commercial; (c) Within any area buoyed or marked as a no wake area
on
the waters in this state. (2) Division (B)(1) of this section does not
apply in
either
of the following places: (a)
An area designated by
the chief of the
division of
watercraft unless it is marked by a
buoy or sign as a
no wake or
idle speed area; (b) Within any water between the Dan Beard
bridge and the
Brent Spence bridge on the Ohio
river when the United States coast
guard has authorized the
holding of a special event of a community
nature on that water. (C) No person shall operate a vessel in any area of
restricted or controlled operation in violation of the designated
restriction. (D) No person shall operate a vessel within three hundred
feet of an official diver's flag unless the person is
tendering
the diving operation. (E) All areas of restricted or controlled operation as
described in division (A) of this section or as provided for in
section 1547.14 or 1547.61 of the Revised Code shall be marked by
a buoy or sign designating the restriction. All waters
surrounded
by or lying between such a buoy or sign and the
closest shoreline
are thereby designated as an area in which the
designated
restrictions shall apply in the operation of any
vessel. Markings on buoys designating areas of restricted or
controlled operation shall be so spaced as to show all around the
horizon. Lineal spacing between the buoys shall be such that
under normal conditions of visibility any buoy shall be readily
visible from the next adjacent buoy. No colors or symbols,
except
as provided for in rules of the chief, shall be used on
buoys or
signs for marking closed or
controlled areas of boating waters. Any state department, conservancy district, or political
subdivision having jurisdiction and control of impounded boating
waters may place such buoys or signs on its waters. Any
political
subdivision may apply to the chief for permission to
place such
buoys or signs on
other waters within its territorial limits. No
person shall
place or cause to
be placed a regulatory buoy or sign
on, into, or along the waters
in this
state unless the person has
complied with all the provisions of
this chapter. (F) No person shall enter, operate a vessel that enters, or allow a vessel to enter a federally declared security zone as defined in 33 C.F.R. Chapter I, subparts 6.01-1, 6.01-2, 6.01-3, 6.01-4, 6.01-5, 6.04-1, 6.04-5, 6.04-6, 6.04-7, and 6.04-8. (G) No person shall permit any vessel to be operated on the
waters in this state in violation of this section.
Sec. 1547.51. There is hereby created within the department of natural
resources the division of watercraft. The division shall administer and
enforce all laws relative to the identification, numbering, registration,
titling, use, and operation of vessels operated on the waters in this state and, with the approval of the director of natural resources, educate and inform the citizens of the state about, and promote, conservation, navigation, safety practices, and the benefits of recreational boating.
Sec. 1547.54. (A)(1)
Except as otherwise provided in
section 1547.542 of the Revised Code, the owner of every
watercraft requiring
registration under this chapter shall file an
application for a
triennial registration certificate with the
chief of the division of
watercraft on forms that shall be
provided by the chief or by an electronic
means approved by the
chief. The
application shall be signed by the following: (a) If the watercraft is owned by two persons under joint
ownership with
right of survivorship established under section
2131.12 of the Revised Code,
by both of those persons as owners of
the watercraft. The
signatures may be done by electronic
signature if the owners themselves are
renewing the registration
and there are no changes in the registration
information since the
issuance of the immediately preceding registration
certificate.
In
all other instances, the signatures
shall be done
manually. (b) If the watercraft is owned by a minor, by the minor and
a parent or legal
guardian. The signatures may be done by
electronic
signature if the parent or legal guardian and the minor
themselves are
renewing the registration and there are no changes
in the registration
information since the issuance of the
immediately preceding registration
certificate. In all other
instances, the signatures
shall be done manually. (c) In all other cases, by the owner of the watercraft. The
signature may be done by electronic signature if the owner
is
renewing the registration
personally and there are no
changes in
the registration
information since the issuance of the
immediately
preceding registration
certificate. In all other
instances, the
signatures
shall be done manually. (2) An application for a triennial registration of a
watercraft filed
under division
(A)(1) of this section shall be
accompanied by the following
fee: (a) For canoes,
rowboats, and inflatable watercraft
that
are numbered under section 1547.53 of the Revised Code,
twelve
dollars; (b)
For canoes, row boats, and inflatable watercraft that are
not numbered under section 1547.53 of the Revised Code, seventeen
dollars;
(c) For class A watercraft, including motorized canoes,
thirty
dollars; (d) For class 1 watercraft, forty-five dollars; (e) For class 2 watercraft, sixty dollars; (f) For class 3 watercraft, seventy-five dollars; (g) For class 4 watercraft, ninety dollars. (3) For the purpose of registration, any watercraft operated
by
means of power, sail, or any other mechanical or electrical
means
of propulsion, except motorized canoes, shall be
registered
by length as prescribed in this
section. (4) If an application for registration is filed by two
persons
as owners
under division (A)(1)(a) of this section, the
person who is
listed first on
the title shall serve as and perform
the duties of the "owner"
and shall be
considered the person "in
whose name the watercraft is
registered" for
purposes of divisions
(B) to (Q) of this section and for
purposes
of all other
sections
in this chapter. (B) All registration certificates
issued under this section
are valid for three years and are
renewable on a
triennial basis
unless sooner terminated or discontinued in
accordance with this
chapter. The renewal date shall be printed
on the registration
certificate. A registration certificate may
be renewed by the
owner in the manner prescribed by the chief. All fees shall
be
charged according to a proration of the time
remaining in the
registration cycle to the nearest year. (C) In addition to the fees set forth in this section, the
chief, or any authorized agent, shall charge an additional fee of
three dollars for any registration certificate
the chief or
authorized agent issues.
When the registration
certificate is
issued by an authorized
agent, the additional fee of three dollars
shall be retained by the issuing
agent. When the registration
certificate is issued by the chief, the additional fee of three
dollars shall be deposited to the credit of the waterways safety
fund established in section 1547.75 of the Revised Code. (D)(1) Upon receipt of the application in approved form, the
chief shall enter the same upon the records of the office of the
division of watercraft, assign a number to the watercraft if a number is
required under section 1547.53 of the Revised Code, and issue to
the applicant a registration certificate. If a number is
assigned
by the chief, it shall be set forth on the certificate.
The
registration certificate shall be on the watercraft for which
it
is issued and available at all times for inspection whenever
the
watercraft is in operation, except that livery operators may
retain the registration certificate at the livery where it shall
remain available for inspection at all times
and except as
otherwise provided in division (D)(2) of this section.
(2) A person who is operating on the waters of this state a
canoe, rowboat, or inflatable watercraft that has not been
numbered under section 1547.53 of the Revised Code and who is
stopped by a law enforcement officer in the enforcement of this
chapter or rules adopted under it shall present to the officer,
not later than seventy-two hours after being stopped, a
registration certificate. The registration certificate shall have
been obtained under this section for the canoe, rowboat, or
inflatable watercraft prior to the time that it was stopped.
Failure of the person to present the registration certificate
within seventy-two hours constitutes prima-facie evidence of a
violation of this section. (E) No person shall issue or be issued a registration
certificate for a watercraft that
is required to be issued a
certificate of title under Chapter 1548.
of the Revised Code
except upon presentation of a certificate of title for the
watercraft as provided in that
chapter,
proof of current
documentation by the United States coast guard,
a renewal
registration form provided by the division of
watercraft, or a
certificate of registration issued under this
section that has
expired if there is no change in the ownership or description
of
the watercraft. (F) Whenever the ownership of a watercraft changes, a new
application form together with the prescribed fee shall be filed
with the chief or the chief's agent and a new
registration
certificate
shall be issued. The application shall be signed
manually by the
person or persons
specified in division divisions (A)(1)(a)
to (c) of this section and shall be
accompanied by a
two-dollar
transfer fee. Any remaining time on the registration
shall be
transferred. An authorized agent of the chief shall
charge an
additional fee of three dollars, which shall be
retained by the
issuing agent. If the certificate is issued
by the chief, an
additional fee of three dollars for each
certificate issued shall
be collected. (G) If an agency of the United States has in force an
overall system of identification numbering for watercraft or
certain types of watercraft within the United States, the
numbering system employed by the division shall be in conformity
with that system. (H)(1) The chief may assign any registration certificates to
any authorized agent for the assignment of the registration certificates. If a person
accepts that authorization, the person may be assigned a
block of
numbers
and certificates that upon assignment, in
conformity
with this chapter and Chapter 1548. of the Revised Code
and with
rules of the division, shall be valid as if assigned
directly by the division. Any (2) Any person so designated as an agent
by
the chief shall post with the division security as may be
required
by the director of natural resources. The If a clerk of the court of common pleas applies for designation as an authorized agent of the chief, the division shall accept the clerk's bond that is required under section 2303.02 of the Revised Code for any security that is required for agents under this division. (3) The chief may
issue an
order temporarily or permanently restricting or
suspending an
agent's authorization without a hearing if the
chief finds
that
the agent has violated this chapter or Chapter 1548. of the
Revised Code, rules adopted under them, or any agreements
prescribed
by the chief. (I) All records of the division made or kept pursuant to
this section shall be public records. Those records shall be
available for inspection at reasonable hours and in a manner
compatible with normal operations of the division. (J) The owner shall furnish the division notice within
fifteen days of the following: (1) The transfer, other than through the creation of a
security interest in
any watercraft, of all or any part of the
owner's interest
or, if the watercraft is
owned by two persons
under joint ownership with right of survivorship
established under
section 2131.12 of the Revised Code, of all or any part of
the
joint interest of either of the two persons. The transfer shall
not
terminate the registration certificate. (2) Any change in the address appearing on the
certificate
and, as. As a part of the notification, the owner
shall furnish
the chief with
the owner's new address;. (3) The destruction or abandonment of the watercraft. (K) The chief may issue duplicate registration
certificates
or duplicate tags to owners of currently registered
watercraft,
the fee for which shall be four dollars. (L) If the chief finds that a registration certificate
previously issued to an owner is in error to a degree that would
impair its basic purpose and use, the chief may issue a
corrected
certificate to the owner without charge. (M) No authorized agent shall issue and no person shall
receive or accept from an authorized agent a registration
certificate assigned to the authorized agent under division (H)
of
this section unless the exact month, day, and year of issue
are
plainly written on the certificate by the agent. Certificates issued
with
incorrect dates of issue are void from the time they are
issued. (N) The chief, in accordance with Chapter 119. of the
Revised Code,
shall adopt
rules governing the renewal of
watercraft registrations by electronic means. (O) As used in this section: (1) "Disabled veteran" means a person who is
included in
either
of the following categories: (a) 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; (b) Has a service-connected disability rated at one
hundred
per cent by the veterans administration. (2) "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,
Australia, Belgium, Brazil, Canada, China,
Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland,
South Africa, or the republics
formerly associated with the Union
of Soviet
Socialist Republics 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. (P) Any disabled veteran, congressional medal of honor
awardee, or prisoner of war may apply to the chief for a
certificate of registration, or for a renewal of the
certificate
of
registration, without the payment of any fee required by
this
section.
The application for a certificate of registration shall
be accompanied
by evidence of disability or by documentary
evidence
in
support of a congressional medal of honor that the
chief
requires
by rule. The application for a certificate of
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 a country
listed in division
(O)(2) of this section, or other evidence that
the chief
may
require by rule, that the person was honorably
discharged or is
currently 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 (O)(2) of this section. (Q) Annually by the fifteenth day of January, the director
of natural resources shall determine the amount of fees that
would
have been collected in the prior calendar year for each
certificate of registration issued or renewed pursuant to
division
(P)
of this section and shall certify the total amount of foregone
revenue
to the director of budget and management for
reimbursement. The
director of budget and management shall
transfer the
amount certified from the general revenue fund to the
waterways
safety fund created pursuant to section 1547.75 of the
Revised
Code.
Sec. 1547.541. The owner of a wooden watercraft that is
more than twenty-five years old, is essentially as originally
constructed, and is owned primarily as a collector's item and for
participation in club activities, exhibitions, tours, parades,
and similar uses, but is not used for general recreation may
apply to the chief of the division of watercraft for an historic
watercraft identification plate. The chief, by rule, may
establish additional criteria for the registration of historic
watercraft that the chief considers necessary. The chief shall prescribe the form of application and shall
issue an historic watercraft identification plate, which shall be
securely affixed to the watercraft. The plate shall bear no date,
but shall bear the inscription "historic watercraft." A registration
number assigned by the chief shall be
shown on the
plate. The plate is valid without renewal as long as the
watercraft exists and ownership does not change. The fee for the
plate is twenty-five dollars. Whenever the ownership of an historic watercraft changes,
an application for transfer of registration, together with a fee
of ten dollars, shall be filed with the division of watercraft,
and a new certificate of registration shall be issued. The historic watercraft identification plate shall be
shown on the watercraft in the same manner as
a
number required under sections 1547.53 and 1547.57 of the Revised Code. If the watercraft is to be used for general recreation, it
also shall be registered as required by section 1547.54 of the
Revised Code.
Sec. 1547.75. There is hereby created in the state treasury the waterways
safety fund for the purposes provided in this chapter and Chapter 1548. of the
Revised Code. All moneys collected or received to implement the chapters
shall be deposited in the state treasury to the credit of the fund. All fines, penalties, and forfeitures arising from prosecutions, convictions, confiscations, or other actions commenced under this chapter shall be deposited in the state treasury to the credit of the fund.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree. (B) Whoever violates division (F) of section 1547.08, section 1547.10, division (I) of
section 1547.111, section 1547.13, or section 1547.66 of the
Revised Code is guilty of a misdemeanor of the first degree. (C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is
guilty of a minor misdemeanor. (D) Whoever violates section 1547.07 or 1547.12 of the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree. (E) Whoever violates section 1547.07 or 1547.12 of the
Revised Code causing injury to persons or damage to property is
guilty of a misdemeanor of the third degree. (F) Whoever violates division (M) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
of the
Revised Code or a rule adopted under division (A)(2) of
section
1547.52 of the Revised Code is guilty of a misdemeanor of
the
fourth degree. (G) Whoever violates section 1547.11 of the Revised Code
is
guilty of a misdemeanor of the first degree and shall be
punished
as provided in division (G)(1), (2), or (3) of this
section. (1) Except as otherwise provided in division (G)(2) or (3)
of this
section, the
court shall sentence the offender to a
jail
term
of
three consecutive days and may sentence
the
offender pursuant to
section
2929.24 of the Revised
Code to a
longer
jail term. In addition, the
court shall impose
upon the
offender a fine of not less than one
hundred fifty nor
more than
one thousand dollars. The court may suspend the execution of the mandatory
jail
term of three
consecutive days
that it is required
to impose by
division (G)(1) of this section if the court, in
lieu
of the
suspended
jail term, places the offender
under a community control sanction pursuant to section
2929.25 of the Revised Code
and requires the
offender to attend,
for three consecutive days, a
drivers'
intervention program that
is certified pursuant to
section
3793.10 of the Revised Code. The
court also may suspend
the
execution of any part of the mandatory
jail term of three consecutive days
that it is
required to impose by division
(G)(1)
of this section if
the court
places the offender
under a community control
sanction pursuant to section 2929.25 of the Revised Code for
part
of the three
consecutive days; requires the offender to
attend,
for that part
of the three consecutive days, a drivers'
intervention program
that is certified pursuant to section 3793.10
of the Revised
Code; and sentences the offender to a
jail term
equal
to the remainder of the three consecutive days
that the offender
does not spend attending the drivers'
intervention program. The
court may require the offender, as a
condition of
community control, to
attend and
satisfactorily complete any
treatment or education
programs, in
addition to the required
attendance at a drivers'
intervention
program, that the operators
of the drivers'
intervention program
determine that the offender
should attend
and to report
periodically to the court on the
offender's progress
in the
programs. The court also may impose
any other conditions of
community control on the offender that it
considers
necessary. (2) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to one violation of
section
1547.11 of the Revised Code, of a municipal ordinance
relating to
operating a watercraft or manipulating any water skis,
aquaplane,
or similar device while under the influence of alcohol,
a drug of
abuse, or
a combination of
them, of a municipal ordinance
relating to operating a watercraft
or manipulating any water
skis,
aquaplane, or similar device with
a prohibited
concentration of
alcohol in the
whole blood,
blood
serum or plasma, breath, or
urine, of division
(A)(1) of
section
2903.06 of the Revised Code,
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as
they existed prior to March 23,
2000, in a case in which
the jury
or judge found that the offender
was under the influence
of
alcohol, a drug of abuse, or
a combination of them, the
court
shall
sentence the offender to a
jail term
of
ten
consecutive
days and may sentence the offender pursuant to
section
2929.24 of
the Revised Code to a longer
jail term. In
addition,
the court shall impose upon the
offender a fine of not
less than
one hundred fifty nor more than
one thousand dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. (3) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to more than one violation
identified in
division (G)(2) of this section,
the court shall
sentence the offender to a
jail term
of thirty
consecutive days and may sentence the
offender to a longer
jail
term
of not more than one
year. In addition, the
court
shall impose upon the offender a
fine of not less than one
hundred
fifty nor more than one
thousand dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. (4) Upon a showing that
serving a jail term
would seriously
affect
the ability of an offender sentenced
pursuant to division
(G)(1),
(2), or (3) of this section to
continue the offender's
employment,
the court may authorize that
the offender be granted work release
after the
offender has served the
mandatory jail term of three, ten,
or
thirty consecutive days
that the court is
required
by division (G)(1), (2), or (3) of this section to
impose. No
court shall authorize work release
during the
mandatory jail term of
three, ten, or thirty consecutive days
that the
court is required by division (G)(1), (2),
or (3) of
this section
to impose. The duration of the work
release shall
not exceed the
time necessary each day for the
offender to
commute to and from
the place of employment and the
place
in which the jail term is served and the
time
actually spent under employment. (5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of
being imprisoned or serving a jail term,
no court shall suspend the
mandatory jail term of ten or thirty
consecutive days
required to be imposed by
division (G)(2) or (3) of this section or place an offender who
is
sentenced pursuant to division (G)(2) or (3) of this section
in
any treatment program in lieu of
being imprisoned or
serving a jail term until after the
offender has served the
mandatory jail term of ten or thirty consecutive days
required to be imposed pursuant to division (G)(2)
or
(3) of this section. Notwithstanding any section of the
Revised
Code that authorizes the suspension of the imposition or
execution
of a sentence or the placement of an offender in any
treatment
program in lieu of
being imprisoned or serving a jail
term, no court, except as
specifically
authorized by division
(G)(1) of this section, shall
suspend the
mandatory jail term of
three consecutive days
required to be
imposed by
division (G)(1) of this section or place an offender
who is
sentenced pursuant to division (G)(1) of this section in
any
treatment program in lieu of imprisonment until after the
offender
has served the
mandatory jail term of three consecutive days
required to
be imposed pursuant to division (G)(1) of
this
section.
(6) As used in division (G) of this section, "jail term" and
"mandatory jail term" have the same meanings as in section 2929.01
of the Revised Code. (H) Whoever violates section 1547.304 of the Revised Code
is
guilty of a misdemeanor of the fourth degree and also shall be
assessed any costs incurred by the state or a county, township,
municipal corporation, or other political subdivision in
disposing
of an abandoned junk vessel or outboard motor, less any
money
accruing to the state, county, township, municipal
corporation, or
other political subdivision from that
disposal. (I) Whoever violates division (B) or (C) of section
1547.49
of the Revised Code is guilty of a minor misdemeanor. (J) Whoever violates section 1547.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree on a first offense.
On each subsequent
offense, the person is guilty of a misdemeanor
of the third degree. (K) Whoever violates section 1547.05 or 1547.051 of the
Revised Code is guilty
of a misdemeanor of the fourth degree if
the violation is not related to a
collision, injury to a person,
or damage to property and a misdemeanor of the
third degree if the
violation is related to a collision, injury to a person,
or damage
to property. (L) The sentencing court, in addition to the penalty
provided
under this section for a violation of this chapter or a
rule adopted under it
that involves a powercraft powered by more
than ten horsepower and that, in
the opinion of the court,
involves a threat to the safety of persons or
property, shall
order the offender to complete successfully a boating course
approved by the national association of state boating law
administrators
before the offender is allowed to operate a
powercraft powered by more than
ten horsepower on the waters in
this state. Violation of a court order
entered under this
division is punishable as contempt under Chapter
2705. of the
Revised Code.
Sec. 1548.02. The chief of the division of watercraft shall
adopt such
rules as
the chief considers necessary to ensure
uniform and
orderly operation of this chapter, and the clerks of
the courts of common
pleas shall conform
to those rules.
The
chief shall
receive and file in
the chief's office all
information forwarded to
the
chief by the clerks under this
chapter and shall maintain indexes covering
the state at large
for
that information. These indexes shall be for the state
at
large
and not for individual counties. The chief shall check with
the chief's record all
duplicate
certificates of title received in
the
chief's
office from
the
clerks.
If it appears that
any certificate of title has been
improperly
issued or is no longer required, the chief shall cancel the certificate. Upon
the cancellation of any
certificate of title, the chief shall
notify the clerk who issued it, and the
clerk shall enter the
cancellation in
the clerk's records.
The chief also shall
notify the person to whom the certificate of
title was issued, as
well as any lienholders appearing
on
it, of the
cancellation
and,
if it is a physical certificate of
title, shall
demand the
surrender of the certificate of title, but
the
cancellation
shall not affect the validity of any lien noted
on it. The
holder of
a physical certificate of title
shall return it to
the chief immediately.
The clerks shall keep on hand a sufficient supply of blank
forms that,
except
certificate of title and memorandum
certificate
forms, shall be furnished and
distributed without
charge to
registered manufacturers or dealers or to other
persons residing
within the county. The clerks shall provide the
certificates
of
title, the ribbons for data processing, and
removable backup media
from
moneys provided to the clerks from
the automated title
processing fund in
accordance with division
(B)(3)(b) of section
4505.09 of the Revised Code.
The clerks
shall furnish all other
supplies from other moneys available to
the
clerks.
Sec. 2923.35. (A)(1) With respect to property ordered
forfeited under section 2923.32 of the Revised Code, with respect
to any fine or civil penalty imposed in any criminal or civil
proceeding under section 2923.32 or 2923.34 of the Revised Code,
and with respect to any fine imposed for a violation of section
2923.01 of the Revised Code for conspiracy to violate section
2923.32 of the Revised Code, the court, upon petition of the
prosecuting attorney, may do any of the following: (a) Authorize the prosecuting attorney to settle claims; (b) Award compensation to persons who provide information
that results in a forfeiture, fine, or civil penalty under
section 2923.32 or 2923.34 of the Revised Code; (c) Grant petitions for mitigation or remission of
forfeiture, fines, or civil penalties, or restore forfeited
property, imposed fines, or imposed civil penalties to persons
injured by the violation; (d) Take any other action to protect the rights of
innocent persons that is in the interest of justice and that is
consistent with the purposes of sections 2923.31 to 2923.36 of
the Revised Code. (2) The court shall maintain an accurate record of the
actions it takes under division (A)(1) of this section with
respect to the property ordered forfeited or the fine or civil
penalty. The record is a public record open for inspection under
section 149.43 of the Revised Code. (B)(1) After the application of division (A) of this
section, any person who prevails in a civil action pursuant to
section 2923.34 of the Revised Code has a right to any property,
or the proceeds of any property, criminally forfeited to the
state pursuant to section 2923.32 of the Revised Code or against
which any fine under that section or civil penalty under division
(I) of section 2923.34 of the Revised Code may be imposed. The right of any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, other than a
prosecuting attorney performing official duties under that
section, to forfeited property, property against which fines and
civil penalties may be imposed, and the proceeds of that property
is superior to any right of the state, a municipal corporation,
or a county to the property or the proceeds of the property, if
the civil action is brought within one hundred eighty days after
the entry of a sentence of forfeiture or a fine pursuant to
section 2923.32 of the Revised Code or the entry of a civil
penalty pursuant to division (I) of section 2923.34 of the
Revised Code. The right is limited to the total value of the treble
damages, civil penalties, attorney's fees, and costs awarded to
the prevailing party in an action pursuant to section 2923.34 of
the Revised Code, less any restitution received by the person. (2) If the aggregate amount of claims of persons who have
prevailed in a civil action pursuant to section 2923.34 of the
Revised Code against any one defendant is greater than the total
value of the treble fines, civil penalties, and forfeited
property paid by the person against whom the actions were
brought, all of the persons who brought their actions within one
hundred eighty days after the entry of a sentence or disposition
of forfeiture or a fine pursuant to section 2923.32 of the
Revised Code or the entry of a civil penalty pursuant to division
(I) of section 2923.34 of the Revised Code, first shall receive a
pro rata share of the total amount of the fines, civil penalties,
and forfeited property. After the persons who brought their
actions within the specified one-hundred-eighty-day period have
satisfied their claims out of the fines, civil penalties, and
forfeited property, all other persons who prevailed in civil
actions pursuant to section 2923.34 of the Revised Code shall
receive a pro rata share of the total amount of the fines, civil
penalties, and forfeited property that remains in the custody of
the law enforcement agency or in the corrupt activity
investigation and prosecution fund. (C)(1) Subject to divisions (A) and (B) of this section
and notwithstanding any contrary provision of section 2933.41 of
the Revised Code, the prosecuting attorney shall order the
disposal of property ordered forfeited in any proceeding under
sections 2923.32 and 2923.34 of the Revised Code as soon as
feasible, making due provisions for the rights of innocent
persons, by any of the following methods: (a) Transfer to any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, subject to the
limit set forth in division (B)(1) of this section; (c) Transfer to a state governmental agency for official
use; (d) Sale or transfer to an innocent person; (e) If the property is contraband and is not needed for
evidence in any pending criminal or civil proceeding, pursuant to
section 2933.41 or any other applicable section of the Revised
Code. (2) Any interest in personal or real property not disposed
of pursuant to this division and not exercisable by, or
transferable for value to, the state shall expire and shall not
revert to the person found guilty of or adjudicated a delinquent
child for a violation of section 2923.32 of the Revised Code. No
person found guilty of or adjudicated a delinquent child for a
violation of that section and no person acting in concert with a
person found guilty of or adjudicated a delinquent child for
a violation of that section is eligible to purchase forfeited property from
the
state. (3) Upon application of a person, other than the
defendant, the adjudicated delinquent child, or a person acting
in concert with or on behalf of either the defendant or the
adjudicated delinquent child, the court may restrain or stay the
disposal of the property pursuant to this division pending the
conclusion of any appeal of the criminal case or delinquency case
giving rise to the forfeiture or pending the determination of the
validity of a claim to or interest in the property pursuant to
division (E) of section 2923.32 of the Revised Code, if the
applicant demonstrates that proceeding with the disposal of the
property will result in irreparable injury, harm, or loss to the
applicant. (4) The prosecuting attorney shall maintain an accurate
record of each item of property disposed of pursuant to this
division, which record shall include the date on which each item
came into the prosecuting attorney's custody, the manner and date
of disposition, and,
if applicable, the name of the person who received the item. The
record shall not identify or enable the identification of the
individual officer who seized the property, and the record is a
public record open for inspection under section 149.43 of the
Revised Code. Each prosecuting attorney who disposes in any calendar year
of any item of property pursuant to this division shall prepare a
report covering the calendar year that cumulates all of the
information contained in all of the records kept by the
prosecuting attorney pursuant to this division for that calendar
year and shall send the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code.
Not later than the fifteenth day of April in the calendar year
following the calendar year covered by the reports,
the attorney general shall send to the president of the senate and the
speaker of the house of representatives a written notification that does
all of the following: (a) Indicates that the attorney general has received from
prosecuting attorneys
reports of the type described in this division that cover the previous
calendar year and indicates that the reports were received under this
division; (b) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code; (c) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request. (D)(1)(a) Ten per cent of the proceeds of all property ordered
forfeited by a juvenile court pursuant to section 2923.32 of the Revised Code
shall be applied to one or
more alcohol and drug addiction treatment programs that are certified by the
department of alcohol and drug addiction services under section 3793.06 of
the Revised Code and that are specified in the order of forfeiture. A
juvenile court shall not
specify an alcohol or drug addiction treatment program in the order of
forfeiture unless the program is a certified alcohol and drug addiction
treatment program and, except as provided in division
(D)(1)(a) of this section, unless the program
is located in the county in which the court that orders the forfeiture is
located or in a contiguous county. If no certified alcohol and drug addiction
treatment program is located in any of those counties, the juvenile court may
specify in the order a certified alcohol and drug addiction treatment program
located anywhere within this state. The remaining ninety per cent of the
proceeds shall be disposed of as provided in divisions
(D)(1)(b) and (D)(2) of this section. All of the proceeds of all property ordered forfeited by a court other than
a juvenile court pursuant to section 2923.32 of the Revised Code shall be
disposed of as provided in divisions (D)(1)(b) and (D)(2) of this section. (b) The remaining proceeds of all property ordered forfeited
pursuant to section 2923.32 of the Revised Code, after compliance
with division (D)(1)(a) of this section when that
division is applicable,
and all fines and
civil penalties imposed pursuant to sections 2923.32 and 2923.34
of the Revised Code shall be deposited into the state treasury
and credited to the corrupt activity investigation and
prosecution fund, which is hereby created. (2) The proceeds, fines, and penalties credited to the
corrupt activity investigation and prosecution fund pursuant to
division (D)(1) of this section shall be disposed of in the
following order: (a) To a civil plaintiff in an action brought within the
one-hundred-eighty-day time period specified in division (B)(1)
of this section, subject to the limit set forth in that division; (b) To the payment of the fees and costs of the forfeiture
and sale, including expenses of seizure, maintenance, and custody
of the property pending its disposition, advertising, and court
costs; (c) Except as otherwise provided in division (D)(2)(c) of
this section, the remainder shall be paid to the law enforcement
trust fund of the prosecuting attorney that is established
pursuant to division (D)(1)(c) of section 2933.43 of the Revised
Code and to the law enforcement trust fund of the county sheriff
that is established pursuant to that division if the county
sheriff substantially conducted the investigation, to the law
enforcement trust fund of a municipal corporation that is
established pursuant to that division if its police department
substantially conducted the investigation, to the law enforcement
trust fund of a township that is established pursuant to that
division if the investigation was substantially conducted by a
township police department, township police district police
force, or office of a township constable, or to the law
enforcement trust fund of a park district created pursuant to
section 511.18 or 1545.01 of the Revised Code that is established
pursuant to that division if the investigation was substantially
conducted by its park district police force or law enforcement
department. The prosecuting attorney may decline to accept any
of the remaining proceeds, fines, and penalties, and, if the
prosecuting attorney so declines, they shall be applied to the fund
described in division
(D)(2)(c) of this section that relates to the appropriate law
enforcement agency that substantially conducted the
investigation. If the state highway patrol substantially conducted the
investigation, the director of budget and management shall
transfer the remaining proceeds, fines, and penalties to the
state highway patrol for deposit into the highway patrol state
contraband, forfeiture, and other fund that is created by
division (D)(1)(c) of section 2933.43 of the Revised Code. If the division of forestry in the department of natural resources substantially conducted the investigation, the director shall transfer the remaining proceeds to the division for deposit into the state forest fund created in section 1503.05 of the Revised Code. If the division of natural areas and preserves in that department substantially conducted the investigation, the director shall transfer the remaining proceeds to the division for deposit into the natural areas and preserves fund created in section 1517.11 of the Revised Code. If the division of wildlife in that department substantially conducted the investigation, the director shall transfer the remaining proceeds to the division for deposit into the wildlife fund created in section 1531.17 of the Revised Code. If the division of parks and recreation in that department substantially conducted the investigation, the director shall transfer the remaining proceeds to the division for deposit into the state park fund created in section 1541.22 of the Revised Code. If the division of watercraft in that department substantially conducted the investigation, the director shall transfer the remaining proceeds to the division for deposit into the waterways safety fund created in section 1547.75 of the Revised Code. If the department of taxation substantially conducted the investigation, the director shall transfer the remaining proceeds, fines, and penalties to the department for deposit into the department of taxation enforcement fund. If
the state board of pharmacy substantially conducted the
investigation, the director shall transfer the remaining
proceeds, fines, and penalties to the board for deposit into the
board of pharmacy drug law enforcement fund that is created by
division (B)(1) of section 4729.65 of the Revised Code. If a
state law enforcement agency, other than the state highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the department of taxation,
or the state board of pharmacy, substantially conducted the investigation, the
director shall transfer the remaining proceeds, fines, and
penalties to the treasurer of state for deposit into the peace
officer training commission fund. The remaining proceeds, fines, and penalties that are paid
to a law enforcement trust fund or that are deposited into the
highway patrol state contraband, forfeiture, and other fund,; the state forest fund; the natural areas and preserves fund; the wildlife fund; the state park fund; the waterways safety fund; the department of taxation enforcement fund,; the
board of pharmacy drug law enforcement fund,; or the peace officer
training commission fund pursuant to division (D)(2)(c)
of this
section shall be allocated, used, and expended only in accordance
with division (D)(1)(c) of section 2933.43 of the Revised Code,
only in accordance with a written internal control policy adopted
under division (D)(3) of that section, and, if applicable, only
in accordance with division (B) of section 4729.65 of the Revised
Code. The annual reports that pertain to the funds and that are
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of
the Revised Code also shall address the remaining proceeds,
fines, and penalties that are paid or deposited into the funds
pursuant to division (D)(2)(c) of this section. (3) If more than one law enforcement agency substantially
conducted the investigation, the court ordering the forfeiture
shall equitably divide the remaining proceeds, fines, and
penalties among the law enforcement agencies that substantially
conducted the investigation, in the manner described in division
(D)(2) of section 2933.43 of the Revised Code for the equitable
division of contraband proceeds and forfeited moneys. The
equitable shares of the proceeds, fines, and penalties so
determined by the court shall be paid or deposited into the
appropriate funds specified in division (D)(2)(c) of this
section. (E) As used in this section, "law enforcement agency"
includes, but is not limited to, the state board of pharmacy and the department of taxation.
Sec. 2933.43. (A)(1) Except as provided in this division or
in section
2913.34 or sections 2923.44 to 2923.47 or
2925.41 to
2925.45 of the Revised Code,
a law enforcement officer shall seize
any contraband that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code. A law enforcement officer
shall seize contraband that is a
watercraft, motor vehicle, or
aircraft and that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code only if the watercraft, motor
vehicle, or aircraft is
contraband because of its relationship to
an underlying criminal
offense that is a felony. Additionally, a law enforcement officer shall seize any
watercraft, motor vehicle, aircraft, or other personal property
that is classified as contraband under division (B) of section
2933.42 of the Revised Code if the underlying offense involved in
the violation of division (A) of that section that resulted in
the
watercraft, motor vehicle, aircraft, or personal property
being
classified as contraband, is a felony. (2) If a law enforcement officer seizes property that is
titled or registered under law, including a motor vehicle,
pursuant to division (A)(1) of this section, the officer or the
officer's
employing law enforcement agency shall notify the owner
of the
seizure. The notification shall be given to the owner at
the owner's last
known address within seventy-two hours after the
seizure,
and may be given orally by any means, including
telephone, or by
certified mail, return receipt requested. If the officer or the officer's agency is unable to provide
the
notice required by this division despite reasonable, good
faith
efforts to do so, the exercise of the reasonable, good faith
efforts constitutes fulfillment of the notice requirement imposed
by this division. (B)(1) A motor vehicle seized pursuant to division (A)(1)
of
this section and the contents of the vehicle may be retained
for a
reasonable period of time, not to exceed seventy-two hours,
for
the purpose of inspection, investigation, and the gathering
of
evidence of any offense or illegal use. At any time prior to the expiration of the seventy-two-hour
period, the law enforcement agency that seized the motor vehicle
may petition the court of common pleas of the county that has
jurisdiction over the underlying criminal case or administrative
proceeding involved in the forfeiture for an extension of the
seventy-two-hour period if the motor vehicle or its contents are
needed as evidence or if additional time is needed for the
inspection, investigation, or gathering of evidence. Upon the
filing of such a petition, the court immediately shall schedule a
hearing to be held at a time as soon as possible after the
filing,
but in no event at a time later than the end of the next
business
day subsequent to the day on which the petition was
filed, and
upon scheduling the hearing, immediately shall notify
the owner of
the vehicle, at the address at which notification of
the seizure
was provided under division (A) of this section, of
the date,
time, and place of the hearing. If the court, at the
hearing,
determines that the vehicle or its contents, or both,
are needed
as evidence or that additional time is needed for the
inspection,
investigation, or gathering of evidence, the court
may grant the
petition and issue an order authorizing the
retention of the
vehicle or its contents, or both, for an
extended period as
specified by the court in its order. An order
extending a period
of retention issued under this division may be
renewed. If no petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of
that period, under this division, if the vehicle was not in
the
custody and control of the owner at the time of its seizure,
and
if, at the end of that seventy-two-hour period, the owner of
the
vehicle has not been charged with an offense or
administrative
violation that includes the use of the vehicle as
an element and
has not been charged with any other offense or
administrative
violation in the actual commission of which the
motor vehicle was
used, the vehicle and its contents shall be
released to its owner
or the owner's agent, provided that the law
enforcement agency
that seized the vehicle may require proof of
ownership of the
vehicle, proof of ownership or legal possession
of the contents,
and an affidavit of the owner that the owner neither
knew of nor
expressly or impliedly consented to the use of the
vehicle that
resulted in its forfeiture as conditions precedent
to release. If
a petition for the extension of the initial
seventy-two-hour
period has been filed, prior to the expiration
of that period,
under this division but the court does not grant
the petition, if
the vehicle was not in the custody and control
of the owner at the
time of its seizure, and if, at the end of
that seventy-two-hour
period, the owner of the vehicle has not
been charged with an
offense or administrative violation that
includes the use of the
vehicle as an element and has not been
charged with any other
offense or administrative violation in the
actual commission of
which the motor vehicle was used, the
vehicle and its contents
shall be released to its owner or the owner's agent,
provided that
the court may require the proof and
affidavit described in the
preceding sentence as conditions
precedent to release. If the
initial seventy-two-hour period has
been extended under this
division, the vehicle and its contents
to which the extension
applies may be retained in accordance with
the extension order.
If, at the end of that extended period, the
owner of the vehicle
has not been charged with an offense or
administrative violation
that includes the use of the vehicle as
an element and has not
been charged with any other offense or
administrative violation in
the actual commission of which the
motor vehicle was used, and if
the vehicle was not in the custody
and control of the owner at the
time of its seizure, the vehicle
and its contents shall be
released to its owner or the owner's agent,
provided that the
court may require the proof and affidavit
described in the third
preceding sentence as conditions precedent
to release. In cases
in which the court may require proof and
affidavits as conditions
precedent to release, the court also may
require the posting of a
bond, with sufficient sureties approved
by the court, in an amount
equal to the value of the property to
be released, as determined
by the court, and conditioned upon the
return of the property to
the court if it is forfeited under this
section, as a further
condition to release. If, at the end of
the initial
seventy-two-hour period or at the end of any extended
period
granted under this section, the owner has been charged
with an
offense or administrative violation that includes the use
of the
vehicle as an element or has been charged with another
offense or
administrative violation in the actual commission of
which the
motor vehicle was used, or if the vehicle was in the
custody and
control of the owner at the time of its seizure, the
vehicle and
its contents shall be retained pending disposition of
the charge,
provided that upon the filing of a motion for release
by the
owner, if the court determines that the motor vehicle or
its
contents, or both, are not needed as evidence in the
underlying
criminal case or administrative proceeding, the court
may permit
the release of the property that is not needed as
evidence to the
owner; as a condition precedent to a release of that nature,
the
court may require the owner to execute a bond with
the court. Any
bond so required shall be in an amount equal to
the value of the
property to be released, as determined by the
court, shall have
sufficient sureties approved by the court, and
shall be
conditioned upon the return of the property to the court
to which
it is forfeited under this section. The final disposition of a motor vehicle seized pursuant to
division (A)(1) of this section shall be determined in accordance
with division (C) of this section. (2) Pending a hearing pursuant to division (C) of this
section, and subject to divisions (B)(1) and (C) of this section,
any property lawfully seized pursuant to division (A) of this
section because it was contraband of a type described in division
(A)(13)(b), (d), (e),
(f), (g), (h), (i), or (j) of section
2901.01 of the Revised Code shall not be subject to replevin or
other action in any court and shall not be subject to release
upon
request of the owner, and no judgment shall be enforced
against
the property. Pending the hearing, and subject to
divisions
(B)(1) and (C) of this section, the property shall be
kept in the
custody of the law enforcement agency responsible for
its seizure. Pending a hearing pursuant to division (C) of this section,
and notwithstanding any provisions of division (B)(1) or (C) of
this section to the contrary, any property lawfully seized
pursuant to division (A) of this section because it was
contraband
of a type described in division (A)(13)(a) or
(c) of section
2901.01 of the Revised Code shall not be
subject to replevin or
other action in any court and shall not be subject
to release upon
request of the owner, and no judgment shall be
enforced against
the property. Pending the hearing, and
notwithstanding any
provisions of division (B)(1) or (C) of this
section to the
contrary, the property shall be kept in the
custody of the law
enforcement agency responsible for its
seizure. A law enforcement agency that seizes property under
division
(A) of this section because it was contraband of any
type
described in division (A)(13) of section 2901.01 or
division (B)
of section 2933.42 of the Revised Code shall maintain an accurate
record of each item of property so seized, which record shall
include the date on which each item was seized, the manner and
date of its disposition, and if applicable, the name of the
person
who received the item; however, the record shall not
identify or
enable the identification of the individual officer
who seized the
item. The record of property of that nature that no
longer is
needed as evidence shall be open to public inspection
during the
agency's regular business hours. Each law enforcement
agency
that, during any calendar year, seizes property under
division (A)
of this section because it was contraband shall
prepare a report
covering the calendar year that cumulates all of
the information
contained in all of the records kept by the
agency pursuant to
this division for that calendar year, and
shall send a copy of the
cumulative report, no later than the
first day of March in the
calendar year following the calendar
year covered by the report,
to the attorney general. Each report
received by the attorney
general is a public record open for
inspection under section
149.43 of the Revised Code. Not later than the
fifteenth day of
April in the calendar year
in which the reports are received, the
attorney
general shall send to the
president of the senate and the
speaker of the house of
representatives a written notification
that does all of the
following: (a) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in this
division that cover the previous
calendar year and indicates that
the reports were received under this
division; (b) Indicates that the reports
are open for inspection under
section 149.43 of the
Revised Code; (c) Indicates that the attorney general
will provide a copy
of any or all of the reports to the
president of the senate or the
speaker of the house of
representatives upon request. (C) The prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer who has
responsibility for the prosecution of the underlying criminal
case
or administrative proceeding, or the attorney general if the
attorney general has that responsibility, shall file a petition
for the forfeiture, to the seizing law enforcement agency of the
contraband seized pursuant to division (A) of this section. The
petition shall be filed in the court that has jurisdiction over
the underlying criminal case or administrative proceeding
involved
in the forfeiture. If the property was seized on the
basis of
both a criminal violation and an administrative
regulation
violation, the petition shall be filed by the officer
and in the
court that is appropriate in relation to the criminal
case. The petitioner shall conduct or cause to be conducted a
search of the appropriate public records that relate to the
seized
property for the purpose of determining, and shall make or
cause
to be made reasonably diligent inquiries for the purpose of
determining, any person having an ownership or security interest
in the property. The petitioner then shall give notice of the
forfeiture proceedings by personal service or by certified mail,
return receipt requested, to any persons known, because of the
conduct of the search, the making of the inquiries, or otherwise,
to have an ownership or security interest in the property, and
shall publish notice of the proceedings once each week for two
consecutive weeks in a newspaper of general circulation in the
county in which the seizure occurred. The notices shall be
personally served, mailed, and first published at least four
weeks
before the hearing. They shall describe the property
seized;
state the date and place of seizure; name the law
enforcement
agency that seized the property and, if applicable,
that is
holding the property; list the time, date, and place of
the
hearing; and state that any person having an ownership or
security
interest in the property may contest the forfeiture. If the property seized was determined by the seizing law
enforcement officer to be contraband because of its relationship
to an underlying criminal offense or administrative violation, no
forfeiture hearing shall be held under this section unless the
person pleads guilty to or is convicted of the commission of, or
an attempt or conspiracy to commit, the offense or a different
offense arising out of the same facts and circumstances or unless
the person admits or is adjudicated to have committed the
administrative violation or a different violation arising out of
the same facts and circumstances; a forfeiture hearing shall be
held in a case of that nature no later than forty-five days after
the
conviction or the admission or adjudication of the violation,
unless the time for the hearing is extended by the court for good
cause shown. The owner of any property seized because of its
relationship to an underlying criminal offense or administrative
violation may request the court to release the property to the
owner. Upon
receipt of a request of that nature, if the court
determines that the
property is not needed as evidence in the
underlying criminal
case or administrative proceeding, the court
may permit the
release of the property to the owner. As a
condition precedent
to a release of that nature, the court may
require the owner to execute a
bond with the court. Any bond so
required shall have sufficient
sureties approved by the court,
shall be in a sum equal to the
value of the property, as
determined by the court, and shall be
conditioned upon the return
of the property to the court if the
property is forfeited under
this section. Any property seized
because of its relationship to
an underlying criminal offense or
administrative violation shall
be returned to its owner if
charges are not filed in relation to
that underlying offense or
violation within thirty days after the
seizure, if charges of that nature are
filed and subsequently are
dismissed, or if charges of that nature are filed
and the person
charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the
violation. If the property seized was determined by the seizing law
enforcement officer to be contraband other than because of a
relationship to an underlying criminal offense or administrative
violation, the forfeiture hearing under this section shall be
held
no later than forty-five days after the seizure, unless the
time
for the hearing is extended by the court for good cause
shown. Where possible, a court holding a forfeiture hearing under
this section shall follow the Rules of Civil Procedure. When a
hearing is conducted under this section, property shall be
forfeited upon a showing, by a preponderance of the evidence, by
the petitioner that the person from which the property was seized
was in violation of division (A) of section 2933.42 of the
Revised
Code. If that showing is made, the court shall issue an
order of
forfeiture. If an order of forfeiture is issued in
relation to
contraband that was released to the owner or the owner's agent
pursuant to this division or division (B)(1) of this
section, the
order shall require the owner to deliver the
property, by a
specified date, to the law enforcement agency that
employed the
law enforcement officer who made the seizure of the
property, and
the court shall deliver a copy of the order to the
owner or send a
copy of it by certified mail, return receipt
requested, to the
owner at the address to which notice of the
seizure was given
under division (A)(2) of this section. Except
as otherwise
provided in this division, all rights, interest, and
title to the
forfeited contraband vests in the state, effective
from the date
of seizure. No property shall be forfeited pursuant to this division if
the owner of the property establishes, by a preponderance of the
evidence, that the owner neither knew, nor should have known after
a
reasonable inquiry, that the property was used, or was likely to
be used, in a crime or administrative violation. No bona fide
security interest shall be forfeited pursuant to this division if
the holder of the interest establishes, by a preponderance of the
evidence, that the holder of the interest neither knew, nor should
have known
after a
reasonable inquiry, that the property was used,
or likely to be
used, in a crime or administrative violation, that
the holder of the interest
did not
expressly or impliedly consent
to the use of the property in a
crime or administrative violation,
and that the security interest
was perfected pursuant to law prior
to the seizure. If the
holder of the interest satisfies the court
that these
requirements are met, the interest shall be preserved
by the
court. In a case of that nature, the court shall either
order that the
agency to which the property is forfeited reimburse
the holder of the interest
to the extent of the preserved interest
or order that the
holder be paid for the interest from the
proceeds of any
sale pursuant to division (D) of this section. (D)(1) Contraband ordered forfeited pursuant to this
section
shall be disposed of pursuant to divisions (D)(1) to (7)
of
section 2933.41 of the Revised Code or, if the contraband is
not
described in those divisions, may be used, with the approval
of
the court, by the law enforcement agency that has custody of
the
contraband pursuant to division (D)(8) of that section. In
the
case of contraband not described in any of those divisions
and of
contraband not disposed of pursuant to any of those
divisions, the
contraband shall be sold in accordance with this
division or, in
the case of forfeited moneys, disposed of in
accordance with this
division. If the contraband is to be sold,
the prosecuting
attorney shall cause a notice of the proposed
sale of the
contraband to be given in accordance with law, and
the property
shall be sold, without appraisal, at a public
auction to the
highest bidder for cash. The proceeds of a sale
and forfeited
moneys shall be applied in the following order: (a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the contraband, the forfeiture
proceeding, and, if any, the sale; (b) Second, the remaining proceeds or forfeited moneys
after
compliance with division (D)(1)(a) of this section, to the
payment
of the balance due on any security interest preserved
pursuant to
division (C) of this section; (c) Third, the remaining proceeds or forfeited moneys
after
compliance with divisions (D)(1)(a) and (b) of this
section, as
follows: (i) If the forfeiture was ordered in a juvenile court, ten
per
cent to one or more alcohol and drug addiction treatment
programs that are
certified by the department of alcohol and drug
addiction services under
section 3793.06 of the Revised Code and
that are specified in the order of
forfeiture. A
juvenile court
shall not certify an alcohol or drug addiction treatment
program
in the order of forfeiture unless the program is a certified
alcohol
and drug addiction treatment program and, except as
provided in division
(D)(1)(c)(i) of this section, unless the
program
is located in the county in which the court that orders
the forfeiture is
located or in a contiguous county. If no
certified alcohol and drug addiction
treatment program is located
in any of those counties, the juvenile court may
specify in the
order a certified alcohol and drug addiction treatment program
located anywhere within this state. (ii) If the forfeiture was ordered in a juvenile court,
ninety
per cent, and if the forfeiture was ordered in a court
other than a juvenile
court, one hundred per cent to the law
enforcement trust fund of the
prosecuting
attorney and to the law
enforcement trust fund of the county
sheriff if the county sheriff
made the seizure,; to the law
enforcement trust fund of a municipal
corporation if its police
department made the seizure,; to the law
enforcement trust fund of
a township if the seizure was made by a
township police
department, township police district police force,
or office of a
township constable,; to the law enforcement trust
fund of a park
district created pursuant to section 511.18 or
1545.01 of the
Revised Code if the seizure was made by the park
district police
force or law enforcement department,; to the
highway patrol state
contraband, forfeiture, and other fund if the state
highway
patrol made the seizure,; to the division of forestry law enforcement contraband, forfeiture, and other fund if the division of forestry in the department of natural resources made the seizure, to the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund if the division of natural areas and preserves in that department made the seizure, to the division of wildlife law enforcement contraband, forfeiture, and other fund if the division of wildlife in that department made the seizure, to the division of parks and recreation law enforcement contraband, forfeiture, and other fund if the division of parks and recreation in that department made the seizure, or to the division of watercraft law enforcement contraband, forfeiture, and other fund if the division of watercraft in that department made the seizure; to the department of
public
safety investigative unit contraband, forfeiture, and
other fund
if the investigative unit of the
department of public
safety made
the
seizure,; to the department of taxation enforcement fund if the department of taxation made the seizure,; to
the
board of pharmacy drug law enforcement fund
created by division (B)(1) of section 4729.65 of the Revised Code
if the board made the seizure,; or to the treasurer of state for
deposit into the peace officer training commission fund if a state
law enforcement agency, other than the state highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the
investigative unit of the department of public safety, the enforcement division of the department of taxation, or the
state
board of pharmacy,
made the seizure. The prosecuting
attorney may decline to accept
any of the remaining proceeds or
forfeited moneys, and, if the prosecuting
attorney so
declines,
the remaining proceeds or forfeited moneys shall be
applied to the
fund described in this division that relates to
the law
enforcement agency that made the seizure. A law enforcement trust fund shall be established by the
prosecuting attorney of each county who intends to receive any
remaining proceeds or forfeited moneys pursuant to this division,
by the sheriff of each county, by the legislative authority of
each municipal corporation, by the board of township trustees of
each township that has a township police department, township
police district police force, or office of the constable, and by
the board of park commissioners of each park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that
has
a park district police force or law enforcement department,
for
the purposes of this division. There is hereby created in
the
state treasury the highway patrol state contraband,
forfeiture,
and other fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the department of
public safety investigative unit
contraband, forfeiture, and
other fund,; the department of taxation enforcement fund,; and
the
peace officer
training commission fund, for the purposes
described in this
division. Proceeds or forfeited moneys distributed to any municipal
corporation, township, or park district law enforcement trust
fund
shall be allocated from the fund by the legislative
authority only
to the police department of the municipal
corporation, by the
board of township trustees only to the
township police department,
township police district police
force, or office of the constable,
and by the board of park
commissioners only to the park district
police force or law
enforcement department. Additionally, no proceeds or forfeited moneys shall be
allocated to or used by the state highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the department
of public safety, the department of taxation, the state board of pharmacy, or a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department unless the state highway
patrol, division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, department of public safety, department of taxation, state board of pharmacy,
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department has adopted a written
internal
control policy under division (D)(3) of this section
that
addresses the use of moneys received from the highway
patrol state
contraband, forfeiture, and other fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the
department of public
safety investigative unit
contraband, forfeiture, and other fund,;
the department of taxation enforcement fund,; the board of pharmacy drug law
enforcement fund,; or the
appropriate law enforcement trust fund.
The
highway patrol state contraband, forfeiture, and other
fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund;
the department of public safety investigative
unit
contraband, forfeiture, and other fund,; the department of taxation enforcement fund,; and a law
enforcement
trust fund shall be expended only in accordance with
the written
internal control policy so adopted by the recipient,
and, subject
to the requirements specified in division
(D)(3)(a)(ii) of this
section, only to pay the costs of
protracted or complex
investigations or prosecutions, to provide
reasonable technical
training or expertise, to provide matching
funds to obtain federal
grants to aid law enforcement, in the
support of DARE programs or
other programs designed to educate
adults or children with respect
to the dangers associated with
the use of drugs of abuse,
to pay
the costs of emergency action taken under section 3745.13 of the
Revised Code relative to the operation of an illegal
methamphetamine laboratory if the forfeited property or money
involved was that of a person responsible for the operation of the
laboratory, or for other law enforcement
purposes that the
superintendent of the state highway patrol,
division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, department of public
safety, department of taxation, prosecuting attorney, county
sheriff, legislative
authority, board of township trustees, or
board of park
commissioners determines to be appropriate. The
board of pharmacy
drug law enforcement fund shall be expended
only in accordance
with the written internal control policy so
adopted by the board
and only in accordance with section 4729.65
of the Revised Code,
except that it also may be expended to pay the costs of emergency
action taken under section 3745.13 of the Revised Code relative to
the operation of an illegal methamphetamine laboratory if the
forfeited property or money involved was that of a person
responsible for the operation of the laboratory. The
highway patrol state contraband,
forfeiture, and other fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the
department of
public safety investigative unit contraband,
forfeiture, and
other fund,; the department of taxation enforcement fund,; the
board
of pharmacy drug law
enforcement
fund,; and a law enforcement trust fund shall not be
used to meet
the operating costs of the state highway patrol, of the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, of
the
investigative
unit of the department of
public safety, of the department of taxation enforcement division, of the
state board of pharmacy, of
any political subdivision, or of any
office of a prosecuting
attorney or county sheriff that are
unrelated to law enforcement. Proceeds and forfeited moneys that are paid into the state
treasury to be deposited into the peace officer training
commission fund shall be used by the commission
only to pay the
costs of peace
officer training.
Any sheriff or prosecuting attorney who receives proceeds
or
forfeited moneys pursuant to this division during any calendar
year shall file a report with the county auditor, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any
Any municipal corporation police
department that is allocated proceeds or forfeited moneys from a
municipal corporation law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
legislative authority of the municipal corporation, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any Any township police department,
township police district police force, or office of the constable
that is allocated proceeds or forfeited moneys from a township
law
enforcement trust fund pursuant to this division during any
calendar year shall file a report with the board of township
trustees of the township, no later than the thirty-first day of
January of the next calendar year, verifying that the proceeds
and
forfeited moneys were expended only for the purposes
authorized by
this division and division (D)(3)(a)(ii) of this
section and
specifying the amounts expended for each authorized
purpose. Any
Any park district police force or law enforcement
department that is
allocated proceeds or forfeited moneys from a
park district law
enforcement trust fund pursuant to this
division during any
calendar year shall file a report with the
board of park
commissioners of the park district, no later than
the thirty-first
day of January of the next calendar year,
verifying that the
proceeds and forfeited moneys were expended
only for the purposes
authorized by this division and division
(D)(3)(a)(ii) of this
section and specifying the amounts expended
for each authorized
purpose. The
The superintendent of the state
highway patrol shall
file a report with the attorney general, no
later than the
thirty-first day of January of each calendar year,
verifying that
proceeds and forfeited moneys paid into the
highway patrol state
contraband, forfeiture, and other fund pursuant to
this division
during the prior calendar year were used by the
state highway
patrol during the prior calendar year only for the
purposes
authorized by this division and specifying the amounts
expended
for each authorized purpose. The
The chiefs of the divisions of forestry, natural areas and preserves, wildlife, parks and recreation, and watercraft in the department of natural resources each shall file a report with the attorney general, not later than the thirty-first day of January of each calendar year, verifying that proceeds and forfeited moneys paid into the division of forestry law enforcement contraband, forfeiture, and other fund, the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund, the division of wildlife law enforcement contraband, forfeiture, and other fund, the division of parks and recreation law enforcement contraband, forfeiture, and other fund, and the division of watercraft law enforcement contraband, forfeiture, and other fund, respectively, pursuant to this division during the prior calendar year were used by the appropriate division in the department of natural resources during the prior calendar year only for the purposes authorized by this division and specifying the amounts expended for each authorized purpose.
The executive director of
the state
board of pharmacy shall file a report with the attorney
general,
no later than the thirty-first day of January of each
calendar
year, verifying that proceeds and forfeited moneys paid
into the
board of pharmacy drug law enforcement fund during the
prior
calendar year were used only in accordance with section
4729.65 of
the Revised Code and specifying the amounts expended
for each
authorized purpose. The The peace officer training
commission shall
file a report with the attorney general, no later than
the
thirty-first day of January of each calendar year, verifying that
proceeds and forfeited moneys paid into the peace officer
training
commission fund pursuant to this division
during the prior
calendar year were used by the commission during the
prior
calendar
year only to pay the costs of peace officer training and
specifying the amount used for that purpose.
The tax commissioner shall file a report with the attorney general, not later than the thirty-first day of January of each calendar year, verifying that proceeds and forfeited moneys paid into the department of taxation enforcement fund pursuant to this division during the prior calendar year were used by the enforcement division during the prior calendar year to pay only the costs of enforcing the tax laws and specifying the amount used for that purpose. (2) If more than one law enforcement agency is
substantially
involved in the seizure of contraband that is
forfeited pursuant
to this section, the court ordering the
forfeiture shall equitably
divide the proceeds or forfeited
moneys, after calculating any
distribution to the law enforcement
trust fund of the prosecuting
attorney pursuant to division
(D)(1)(c) of this section, among any
county sheriff whose office
is determined by the court to be
substantially involved in the
seizure, any legislative authority
of a municipal corporation
whose police department is determined
by the court to be
substantially involved in the seizure, any
board of township
trustees whose law enforcement agency is
determined by the court
to be substantially involved in the
seizure, any board of park
commissioners of a park district whose
police force or law
enforcement department is determined by the
court to be
substantially involved in the seizure, the state board
of
pharmacy if it is determined by the court to be substantially
involved in the seizure, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources if it is determined by the court to be substantially involved in the seizure, the investigative unit of the department
of
public safety
if it
is determined by the court to be
substantially involved in the
seizure, the enforcement division of the department of taxation if it is determined by the court to be substantially involved in the seizure and the state highway
patrol if it is determined by the
court to be substantially
involved in the seizure. The proceeds
or forfeited moneys shall
be deposited in the respective law
enforcement trust funds of the
county sheriff, municipal
corporation, township, and park
district,; the board of pharmacy
drug law enforcement fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the
department of public safety investigative
unit
contraband,
forfeiture, and other fund,; the department of taxation enforcement fund,; or the highway
patrol state
contraband,
forfeiture, and other fund, in accordance with
division (D)(1)(c)
of this section. If a state law enforcement
agency, other than
the state highway patrol, the investigative
unit of the department of
public safety,
the department of taxation, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, or the state board of
pharmacy, is determined by the court to be
substantially involved
in the seizure, the state agency's
equitable share of the proceeds
and forfeited moneys shall be
paid to the treasurer of state for
deposit into the peace officer
training commission fund. (3)(a)(i) Prior to being allocated or using any proceeds
or
forfeited moneys out of the highway patrol state contraband,
forfeiture, and other fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the department of
public safety
investigative unit contraband, forfeiture, and
other fund,; the department of taxation enforcement fund,; the
board of
pharmacy drug law enforcement
fund,; or a law enforcement
trust fund under division (D)(1)(c) of
this section, the state
highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the department of public safety, the department of taxation, the
state board
of pharmacy, and a county sheriff,
prosecuting attorney, municipal
corporation police department,
township police department,
township police district police
force, office of the constable, or
park district police force or
law enforcement department shall
adopt a written internal control
policy that addresses the state
highway patrol's, division of forestry's, division of natural areas and preserves', division of wildlife's, division of parks and recreation's, division of watercraft's, department of
public safety's, department of taxation's, state board of
pharmacy's, sheriff's,
prosecuting attorney's, police
department's, police force's,
office of the constable's, or law
enforcement department's use
and disposition of all the proceeds
and forfeited moneys received
and that provides for the keeping of
detailed financial records
of the receipts of the proceeds and
forfeited moneys, the general
types of expenditures made out of
the proceeds and forfeited
moneys, the specific amount of each
general type of expenditure,
and the amounts, portions, and
programs described in division
(D)(3)(a)(ii) of this section. The
policy shall not provide for
or permit the identification of any
specific expenditure that is
made in an ongoing investigation. All financial records of the receipts of the proceeds and
forfeited moneys, the general types of expenditures made out of
the proceeds and forfeited moneys, the specific amount of each
general type of expenditure by the state highway patrol, by the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, by the
department of public safety, by the department of taxation, by the state board of pharmacy, and
by a sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department, and the amounts, portions,
and programs described in division (D)(3)(a)(ii) of this section
are public records open for inspection under section 149.43 of
the
Revised Code. Additionally, a written internal control
policy
adopted under this division is a public record of that nature, and
the state highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the department of public safety, the department of taxation, the
state board of pharmacy, or the sheriff, prosecuting attorney,
municipal corporation police department, township police
department, township police district police force, office of the
constable, or park district police force or law enforcement
department that adopted it shall comply with it. (ii) The written internal control policy of a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department shall provide that at least
ten per cent of the first one hundred thousand dollars of
proceeds
and forfeited moneys deposited during each calendar year
in the
sheriff's, prosecuting attorney's, municipal
corporation's,
township's, or park district's law enforcement
trust fund pursuant
to division (B)(7)(c)(ii) of section 2923.46
or division
(B)(8)(c)(ii) of section 2925.44 of
the Revised Code, and at least
twenty per cent of the proceeds
and forfeited moneys exceeding one
hundred thousand dollars that
are so deposited, shall be used in
connection with community
preventive education programs. The
manner in which the described
percentages are so used shall be
determined by the sheriff,
prosecuting attorney, department,
police force, or office of the
constable after the receipt and
consideration of advice on
appropriate community preventive
education programs from the
county's board of alcohol, drug
addiction, and mental health
services, from the county's alcohol
and drug addiction services
board, or through appropriate
community dialogue. The financial
records described in division
(D)(3)(a)(i) of this section shall
specify the amount of the
proceeds and forfeited moneys deposited
during each calendar year
in the sheriff's, prosecuting
attorney's, municipal corporation's,
township's, or park
district's law enforcement trust fund pursuant
to division
(B)(7)(c)(ii) of section 2923.46 or division
(B)(8)(c)(ii) of
section 2925.44 of the Revised Code, the portion
of
that amount that was used pursuant to the requirements of this
division, and the community preventive education programs in
connection with which the portion of that amount was so used. As used in this division,
"community preventive education
programs" includes, but is not limited to, DARE programs and
other
programs designed to educate adults or children with
respect to
the dangers associated with the use of drugs of abuse. (b) Each sheriff, prosecuting attorney, municipal
corporation police department, township police department,
township police district police force, office of the constable,
or
park district police force or law enforcement department that
receives in any calendar year any proceeds or forfeited moneys
out
of a law enforcement trust fund under division (D)(1)(c) of
this
section or uses any proceeds or forfeited moneys in its law
enforcement trust fund in any calendar year shall prepare a
report
covering the calendar year that cumulates all of the
information
contained in all of the public financial records kept
by the
sheriff, prosecuting attorney, municipal corporation
police
department, township police department, township police
district
police force, office of the constable, or park district
police
force or law enforcement department pursuant to division
(D)(3)(a)
of this section for that calendar year, and shall send
a copy of
the cumulative report, no later than the first day of
March in the
calendar year following the calendar year covered by
the report,
to the attorney general. The superintendent of the state highway patrol shall
prepare
a report covering each calendar year in which the state
highway
patrol uses any proceeds or forfeited moneys in the
highway
patrol state contraband, forfeiture, and other fund under
division
(D)(1)(c) of this section, that cumulates all of the
information
contained in all of the public financial records kept
by the state
highway patrol pursuant to division (D)(3)(a) of
this section for
that calendar year, and shall send a copy of the
cumulative
report, no later than the first day of March in the
calendar year
following the calendar year covered by the report,
to the attorney
general. The chiefs of the divisions of forestry, natural areas and preserves, wildlife, parks and recreation, and watercraft in the department of natural resources each shall prepare a report covering each calendar year in which the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, respectively, uses any proceeds or forfeited moneys in the division of forestry contraband, forfeiture, and other fund, the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund, the division of wildlife law enforcement contraband, forfeiture, and other fund, the division of parks and recreation law enforcement contraband, forfeiture, and other fund, or the division of watercraft law enforcement contraband, forfeiture, and other fund, respectively, under division (D)(1)(c) of this section that cumulates all of the information contained in all of the public financial records kept by the appropriate division of the department of natural resources pursuant to division (D)(3)(a) of this section for that calendar year and shall send a copy of the cumulative report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the attorney general. The department of public safety shall prepare a report
covering each fiscal year in which the department uses any
proceeds or forfeited moneys in the department of public safety
investigative unit contraband, forfeiture, and other fund under
division (D)(1)(c) of this section that
cumulates all of the
information contained in all of the public
financial records kept
by the department pursuant to division
(D)(3)(a) of this section
for that fiscal year. The department
shall send a copy of the
cumulative report to the attorney
general no later than the first
day of August in the fiscal year
following the fiscal year covered
by the report. The director of
public safety shall include in the
report a verification that
proceeds and forfeited moneys paid into
the department of
public safety investigative unit contraband,
forfeiture, and other fund under division (D)(1)(c) of this
section during the
preceding
fiscal year were used by the
department during that fiscal year only for
the purposes
authorized by that division and shall specify the
amount used for
each authorized purpose.
The tax commissioner shall prepare a report covering each calendar year in which the department of taxation enforcement division uses any proceeds or forfeited moneys in the department of taxation enforcement fund under division (D)(1)(c) of this section, that cumulates all of the information contained in all of the public financial records kept by the department of taxation enforcement division pursuant to division (D)(3)(a) of this section for that calendar year, and shall send a copy of the cumulative report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the attorney general.
The executive director of the state board of pharmacy shall
prepare a report covering each calendar year in which the board
uses any proceeds or forfeited moneys in the board of pharmacy
drug law enforcement fund under division (D)(1)(c) of this
section, that cumulates all of the information contained in all
of
the public financial records kept by the board pursuant to
division (D)(3)(a) of this section for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. Not later
than the
fifteenth day of April in the calendar year in
which the
reports are received, the attorney
general shall send to the
president of the senate and the speaker of the house of
representatives a written notification that does all of the
following: (i) Indicates that the attorney general has received from
entities or persons specified in this division reports
of the type
described in this division that cover the previous
calendar year
and indicates that the reports were received under this
division; (ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code; (iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request. (4)(a) A law enforcement agency that receives pursuant to
federal law proceeds from a sale of forfeited contraband, proceeds
from
another disposition of forfeited contraband, or
forfeited
contraband moneys shall deposit, use, and account for
the proceeds
or forfeited moneys in accordance with, and
otherwise comply with,
the applicable federal law. (b) If the state highway patrol receives pursuant to federal
law proceeds
from a sale of forfeited contraband, proceeds from
another disposition of
forfeited contraband, or forfeited
contraband moneys, the appropriate
governmental officials shall
deposit the proceeds into the highway patrol federal contraband,
forfeiture, and
other fund, which is hereby created in the state treasury. All interest or other earnings derived from the
investment of the proceeds or forfeited moneys shall be credited to the fund. The state highway
patrol
shall use and account for that interest or other earnings
in accordance with
the applicable federal law.
(c) If the chief of the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources receives pursuant to federal law proceeds from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, the appropriate government officials shall deposit into the division of forestry law enforcement contraband, forfeiture, and other fund, the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund, the division of wildlife law enforcement contraband, forfeiture, and other fund, the division of parks and recreation law enforcement contraband, forfeiture, and other fund, or the division of watercraft law enforcement contraband, forfeiture, and other fund, as appropriate, all interest or other earnings derived from the investment of the proceeds or forfeited moneys. The appropriate division shall use and account for that interest or other earnings in accordance with the applicable federal law. (d) If the investigative unit of the
department of public
safety receives pursuant to federal law proceeds from a
sale of
forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the
appropriate governmental officials shall deposit the proceeds into the
department of
public safety investigative unit
federal equitable share account fund, which is hereby created in the state treasury. All interest
or other earnings derived
from the investment of the proceeds or
forfeited moneys shall be credited to the fund. The
department shall use and account for that
interest or other
earnings in accordance with the applicable
federal law. (d)(e) If the tax commissioner receives pursuant to federal law proceeds from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, the appropriate governmental officials shall deposit into the department of taxation enforcement fund all interest or other earnings derived from the investment of the proceeds or forfeited moneys. The department shall use and account for that interest or other earnings in accordance with the applicable federal law.
(e)(f) Divisions (D)(1) to (3) of this section do not apply to
proceeds
or
forfeited moneys received pursuant to federal law or
to the interest or other
earnings that are derived from the
investment of proceeds or forfeited moneys
received pursuant to
federal law and that are described in division (D)(4)(b)
of this
section. (E) Upon the sale pursuant to this section of any property
that is required to be titled or registered under law, the state
shall issue an appropriate certificate of title or registration
to
the purchaser. If the state is vested with title pursuant to
division (C) of this section and elects to retain property that
is
required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration. (F) Notwithstanding any provisions of this section to the
contrary, any property that is lawfully seized in relation to a
violation of section 2923.32 of the Revised Code shall be subject
to forfeiture and disposition in accordance with sections 2923.32
to 2923.36
of the Revised Code; any property that is forfeited
pursuant
to section 2923.44 or 2923.45 of the Revised Code in
relation to a violation of section
2923.42 of the Revised Code or
in relation to an act of a juvenile that is a violation of
section
2923.42 of the Revised Code may be subject to forfeiture and
disposition in
accordance with sections 2923.44 to 2923.47 of the
Revised Code;
and any
property that is forfeited pursuant to
section 2925.42 or 2925.43
of the Revised Code in relation to a
felony drug abuse offense,
as defined in section 2925.01 of the
Revised Code, or in relation
to an act that, if committed by an
adult, would be a felony
drug abuse offense of that nature, may be
subject to forfeiture and
disposition in accordance with sections
2925.41 to 2925.45 of the Revised Code
or this section. (G) Any failure of a law enforcement officer or agency, a
prosecuting attorney, village solicitor, city director of law, or
similar chief legal officer, a court, or the attorney general to
comply with any duty imposed by this section in relation to any
property seized or with any other provision of this section in
relation to any property seized does not affect the validity of
the seizure of the property, provided that the seizure itself was made
in accordance with law, and is not and shall not be considered to
be the basis for the suppression of any evidence resulting from
the seizure of the property, provided that the seizure itself was made
in accordance with law. (H) Contraband that has been forfeited pursuant to
division
(C) of this section shall not be available for use to
pay any fine
imposed upon a person who is convicted of or pleads
guilty to an
underlying criminal offense or a different offense
arising out of
the same facts and circumstances.
Sec. 4115.04. (A)(1) Every public authority authorized to
contract for or construct with its own forces a public
improvement, before advertising for bids or undertaking such
construction with its own forces, shall have the director
of
commerce
determine the prevailing rates of wages of
mechanics and
laborers in accordance with section 4115.05 of the
Revised Code
for the class of work called for by the public
improvement, in the
locality where the work is to be performed.
Such Except as provided in division (A)(2) of this section, that schedule of wages
shall be attached to and made part of the
specifications for the
work, and shall be printed on the bidding
blanks where the work is
done by contract. A copy of the bidding
blank shall be filed with
the director before such
the contract is awarded. A
minimum rate of
wages for
common laborers, on work coming under the jurisdiction
of the
department of transportation, shall be fixed in each county
of
the state by said the department of transportation, in accordance
with section 4115.05 of the Revised Code.
(2) In the case of contracts that are administered by the department of natural resources, the director of natural resources or the director's designee shall include language in the contracts requiring wage rate determinations and updates to be obtained directly from the department of commerce through electronic or other means as appropriate. Contracts that include this requirement are exempt from the requirements established in division (A)(1) of this section that involve attaching the schedule of wages to the specifications for the work, making the schedule part of those specifications, and printing the schedule on the bidding blanks where the work is done by contract. (B) Sections 4115.03 to 4115.16 of the Revised Code do not
apply to: (1) Public improvements in any case where the federal
government or any of
its agencies
furnishes by loan or grant all
or any part of the funds used in
constructing such improvements,
provided that the federal government
or any of its agencies prescribes
predetermined minimum wages to
be paid to mechanics and laborers
employed in the construction of
such improvements; (2) A participant in a work activity,
developmental
activity, or an alternative work
activity under sections
5107.40
to 5107.69 of the Revised Code when a public authority
directly
uses the labor of the participant to construct a public
improvement
if the participant is not
engaged in paid employment
or subsidized employment pursuant to the
activity; (3) Public improvements undertaken by, or under contract
for, the board of
education of any school district or the
governing board of any educational
service center; (4) Public improvements undertaken by, or under contract
for, a
county hospital operated pursuant to Chapter 339. of the
Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code if none
of the
funds
used in constructing the
improvements
are the proceeds of bonds or other obligations
which
that are secured by the full faith and credit
of the state, a county,
a township, or a municipal corporation and none of
the funds
used
in
constructing the improvements, including funds used to repay
any
amounts borrowed to construct the improvements, are funds that
have been
appropriated for that purpose by the state, a board of county
commissioners,
a township, or a municipal corporation
from funds generated by
the levy of a tax;, provided, however, that
a
county hospital or municipal hospital may elect to apply sections 4115.03 to 4115.16
of
the Revised Code to a public improvement undertaken by, or
under contract for, the
hospital.
Sec. 6111.034. The director of environmental protection shall not issue any
order under division (H) of section 6111.03 of the Revised Code that would
require a board of county commissioners, legislative authority of a municipal
corporation, or other governing board of any other public entity to levy an
assessment for a water or sewer project unless the water and sewer commission
created in division (B)(C) of section 1525.11 of the Revised Code certifies to
the
director that sufficient funds exist in the water and sewer fund created in
division (A) of section 1525.11 of the Revised Code to advance money to the
affected public entity in an amount equal to the total assessment that is not
collectible as a result of section 929.03 or 1517.052 of the Revised Code, as applicable. Section 2. That existing sections 123.01, 123.04, 307.37, 1501.011, 1501.07, 1501.32, 1502.01, 1502.03, 1502.12, 1503.23, 1504.02, 1506.04, 1507.01, 1515.10, 1517.02, 1517.11, 1517.14, 1517.15, 1520.02, 1520.03, 1520.05, 1520.07, 1521.01, 1521.04, 1521.05, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1525.11, 1525.12, 1531.01, 1531.02, 1531.04, 1531.06, 1531.17, 1531.20, 1531.99, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 1533.171, 1533.68, 1533.86, 1541.03, 1541.05, 1541.22, 1547.08, 1547.51, 1547.54, 1547.541, 1547.75, 1547.99, 1548.02, 2923.35, 2933.43, 4115.04, and 6111.034 and sections 1502.11 and 1521.08 of the Revised Code are hereby repealed. Section 3. Section 1525.11 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st 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 4. Section 1547.54 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 345 and Sub. S.B. 150 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.
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