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H. B. No. 68 As Introduced
As Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representative T. Patton
A BILL
To amend sections 109.572, 4501.04, 4501.26, 4503.02, 4503.26, 4503.40, 4503.42, 4508.06, 4509.27, 4511.191, 4513.263, 4749.03, 4749.06, 4749.10, 4765.07, 4765.11, 5503.04, 5513.04, 5525.01, 5525.10, 5525.15, 5531.09, 5531.10, 5537.17, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and 5735.29; to enact sections 4508.10 and 5531.11; and to repeal sections 4501.12 and 4501.35 of the Revised Code to make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2005, and ending June 30, 2007, and to provide authorization and conditions for the operation of those programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 109.572, 4501.04, 4501.26, 4503.02, 4503.26, 4503.40, 4503.42, 4508.06, 4509.27, 4511.191, 4513.263, 4749.03, 4749.06, 4749.10, 4765.07, 4765.11, 5503.04, 5513.04, 5525.01, 5525.10, 5525.15, 5531.09, 5531.10, 5537.17, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and 5735.29 be amended, and sections 4508.10 and 5531.11 of the Revised Code
be enacted to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section. (2) On receipt of a request pursuant to section 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a direct services position with an entity contracting with a county board for employment, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code; (b) An existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section. (3) On receipt of a request pursuant to section 173.41, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position that involves providing direct care to an older adult. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section. (4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section. (5) On receipt of a request pursuant to section 5111.95 or 5111.96 of the Revised Code with respect to an applicant for employment with a waiver agency participating in a department of job and family services administered home and community-based waiver program or an independent provider participating in a department administered home and community-based waiver program in a position that involves providing home and community-based waiver services to consumers with disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request
previously has been
convicted of or pleaded guilty to any of
the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section. (6) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section. (7) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, in addition to the determination made under division (A)(1) of this section, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code. (8) On a request pursuant to section 2151.86 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code; (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(8)(a) of this section. (9) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to a felony in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. The superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety. (10) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), (5), (6), (7), or (8), or (9) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), (7), or (8), or (9) of this section, as appropriate. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (6) of this section. (B) The superintendent shall conduct any criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows: (1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code; (2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. (C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request. (4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic
method. (D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or (b) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check. (E) As used in this section: (1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section. (2) "Home and community-based waiver services" and "waiver agency" have the same meanings as in section 5111.95 of the Revised Code. (3) "Independent provider" has the same meaning as in section 5111.96 of the Revised Code. (4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. (5) "Older adult" means a person age sixty or older.
Sec. 4501.04. All moneys paid into the auto registration
distribution fund under section 4501.03 of the Revised Code,
except moneys received under sections section 4504.09 of the
Revised Code and moneys received under section 4503.02 of the
Revised Code in accordance with section 4501.13 of the Revised
Code, and except moneys paid for costs of audits under section
4501.03 of the Revised Code, after receipt by the treasurer of
state of certifications from the commissioners of the sinking
fund certifying, as required by sections 5528.15 and 5528.35 of
the Revised Code, that there are sufficient moneys to the credit
of the highway improvement bond retirement fund created by
section 5528.12 of the Revised Code to meet in full all payments
of interest, principal, and charges for the retirement of bonds
and other obligations issued pursuant to Section 2g of Article
VIII, Ohio Constitution, and sections 5528.10 and 5528.11 of the
Revised Code, due and payable during the current calendar year,
and that there are sufficient moneys to the credit of the highway
obligations bond retirement fund created by section 5528.32 of
the Revised Code to meet in full all payments of interest,
principal, and charges for the retirement of highway obligations
issued pursuant to Section 2i of Article VIII, Ohio Constitution,
and sections 5528.30 and 5528.31 of the Revised Code due and
payable during the current calendar year, shall be distributed as
follows: (A) Thirty-four per cent of all such moneys are for the
use of the municipal corporation or county which constitutes the
district of registration. The portion of such money due to the
municipal corporation shall be paid into its treasury forthwith
upon receipt by the county auditor, and shall be used to plan,
construct, reconstruct, repave, widen, maintain, repair, clear,
and clean public highways, roads, and streets; to maintain and
repair bridges and viaducts; to purchase, erect, and maintain
street and traffic signs and markers; to purchase, erect, and
maintain traffic lights and signals; to pay the principal,
interest, and charges on bonds and other obligations issued
pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for the purpose of
acquiring or constructing roads, highways, bridges, or viaducts,
or acquiring or making other highway improvements for which the
municipal corporation may issue bonds; and to supplement revenue
already available for such purposes. The county portion of such funds shall be retained in the
county treasury and shall be used for the planning, maintenance,
repair, construction, and repaving of public streets, and
maintaining and repairing bridges and viaducts; the payment of
principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for the
purpose of acquiring or constructing roads, highways, bridges, or
viaducts or acquiring or making other highway improvements for
which the board of county commissioners may issue bonds under
such chapter; and for no other purpose. (B) Five per cent of all such moneys, together with
interest earned by the treasurer of state as provided in section
4501.03 of the Revised Code, shall constitute a fund for the use
of the several counties for the purposes specified in division
(C) of this section. The moneys shall be divided equally among
all the counties in the state and shall be paid out by the
registrar of motor vehicles in equal proportions to the county
auditor of each county within the state. (C) Forty-seven per cent of all such moneys shall be for
the use of the county in which the owner resides or in which the
place is located at which the established business or branch
business in connection with which the motor vehicle registered is
used, for the planning, construction, reconstruction,
improvement, maintenance, and repair of roads and highways;
maintaining and repairing bridges and viaducts; and the payment
of principal, interest, and charges on bonds and other
obligations issued pursuant to Chapter 133. of the Revised Code
or incurred pursuant to section 5531.09 of the Revised Code for the purpose of acquiring or constructing roads, highways,
bridges, or viaducts or acquiring or making other highway
improvements for which the board of county commissioners may
issue bonds under such chapter. (D) Nine per cent of all such moneys shall be for the use
of the several counties for the purposes specified in division
(C) of this section and shall be distributed to the several
counties in the ratio which the total number of miles of county
roads under the jurisdiction of each board of county
commissioners in each county bears to the total number of miles
of county roads in the state, as determined by the director of
transportation. Before such distribution is made each board of
county commissioners shall certify in writing to the director the
actual number of miles under its statutory jurisdiction which are
used by and maintained for the public. (E) Five per cent of all such moneys shall be for the use
of the several townships and shall be distributed to the several
townships in the ratio which the total number of miles of
township roads under the jurisdiction of each board of township
trustees in each township bears to the total number of miles of
township roads in the state, as determined by the director of
transportation. Before such distribution is made each board of
township trustees shall certify in writing to the director the
actual number of miles under its statutory jurisdiction which are
used by and maintained for the public.
Sec. 4501.26. The unidentified motor vehicle public safety receipts fund is hereby created
in the state treasury. The fund shall consist of money received by the bureau
of motor vehicles department of public safety that is provisional in nature or for which proper
identification or disposition cannot immediately be determined. Refunds and
other disbursements from the fund shall be made once proper identification and
disposition is determined. All investment earnings of the fund shall be
credited to the fund.
Sec. 4503.02. An annual license tax is hereby levied upon
the operation of motor vehicles on the public roads or highways,
for the purpose of enforcing and paying the expense of
administering the law relative to the registration and operation
of such vehicles; planning, constructing, maintaining, and
repairing public roads, highways, and streets; maintaining and
repairing bridges and viaducts; paying the counties' proportion
of the cost and expenses of cooperating with the department of
transportation in the planning, improvement, and construction of
state highways; paying the counties' portion of the compensation,
damages, cost, and expenses of planning, constructing,
reconstructing, improving, maintaining, and repairing roads;
paying the principal, interest, and charges on county bonds and
other obligations issued pursuant to Chapter 133. of the Revised
Code or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; for the purpose of providing motorcycle safety
and education instruction; enabling municipal corporations to plan, construct,
reconstruct, repave, widen, maintain, repair, clear, and clean public
highways, roads, and streets; paying the principal, interest, and other
charges on municipal bonds and other obligations issued pursuant to Chapter 133. of the Revised Code
or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; to maintain and repair bridges and viaducts; to
purchase, erect, and maintain street and traffic signs and markers; to
purchase, erect, and maintain traffic lights and signals; to supplement
revenue already available for such purposes; to pay the interest, principal,
and charges on bonds and other obligations issued pursuant to Section 2i of
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the
Revised Code. Such tax shall be at the rates specified in sections 4503.04
and 4503.042 of the Revised Code. Under section 4503.04 of the Revised Code,
the tax shall be paid to and collected by the registrar of motor vehicles
or deputy registrar at the time of making application for
registration. Under section 4503.042 of the Revised Code, the
tax shall be paid to and collected by the registrar at the time
and manner set forth by him the registrar by rule.
Sec. 4503.26. As used in this section, "registration
information" means information in license plate applications on
file with the bureau of motor vehicles. The director of public safety may advertise for and accept
sealed bids for the preparation of lists containing registration
information in such form as the director authorizes. Where
the expenditure
is more than five hundred dollars, the director shall give notice
to bidders as provided in section 5513.01 of the Revised Code as
for purchases by the department of transportation. The notice
shall include the latest date, as determined by the director, on
which bids will be accepted and the date, also determined by the
director, on which bids will be opened by the director at the
central office of the department of public safety. The
contract to prepare the list shall be awarded to the lowest
responsive and responsible bidder, in accordance with section
9.312 of the Revised Code, provided there is compliance with the
specifications. Such contract shall not extend beyond
twenty-four consecutive registration periods as provided in
section 4503.101 of the Revised Code. The successful bidder
shall furnish without charge a complete list to the bureau of
motor vehicles, and shall also furnish without charge to the
county sheriffs or chiefs of police in cities, at such times and
in such manner as the director determines necessary, lists of
registration information for the county in which they are
situated. The registrar shall provide to the successful bidder
all necessary information for the preparation of such lists. The registrar may, upon application of any person and
payment of the proper fee, search the records of the bureau and
make reports thereof, and make photographic copies of the bureau
records and attestations thereof. Fees therefor are as follows: (A) For searches of the records and written reports
thereof, one dollar and fifty cents two dollars for each name, number, or
fact searched or reported on.; (B) For photographic copies of records and attestations
thereof, under the signature and seal of the registrar, two
dollars a copy. Such copy is prima-facie evidence of the facts
therein stated, in any court. The registrar shall receive these fees and deposit them into the
state treasury to the credit of the
state bureau of motor vehicles
safety fund established in section 4501.25 of the Revised Code.
Sec. 4503.40. The registrar of motor vehicles shall be
allowed a fee, not to exceed ten dollars, for each application
received by the registrar for special state reserved license
plate numbers
and the issuing of such licenses, and validation stickers, in the
several series as the registrar may designate. The fee shall
be in addition
to the license tax established by this chapter and, where
applicable, Chapter 4504. of the Revised Code. Seven dollars and
fifty cents of the fee shall be for the purpose of compensating
the bureau of motor vehicles for additional services required in
the issuing of such licenses, and the remaining two dollars and
fifty cents shall be transmitted deposited by the registrar to the
treasurer of state for deposit in the highway operating into the state treasury to the credit of the state highway safety fund created
by section 5735.291 4501.06 of the Revised Code. The types of motor
vehicles for which special state reserved license plates may be
issued in accordance with this section shall include at least
motorcycles, buses, passenger cars, and noncommercial motor
vehicles.
Sec. 4503.42. The registrar of motor vehicles shall be
allowed a fee of not to exceed thirty-five dollars, which shall
be in addition to the regular license fee for tags as prescribed
under section 4503.04 of the Revised Code and any tax levied
under section 4504.02 or 4504.06 of the Revised Code, for each
application received by the registrar for special reserved
license plate numbers containing more than three letters or numerals, and the
issuing of such licenses and validation stickers in the several series as
the registrar may designate. Five dollars of the fee shall
be for the purpose of compensating the bureau of motor vehicles for additional
services required in the issuing of such licenses and validation stickers, and
the remaining thirty dollars shall be transmitted deposited by the registrar to the
treasurer of state for deposit in the highway operating into the state treasury to the credit of the state highway safety fund created by
section 5735.291 4501.06 of the Revised Code. This section does not apply to the issuance of reserved
license plates as authorized by sections 4503.14, 4503.15, and
4503.40 of the Revised Code. The types of motor vehicles for
which license plate numbers containing more than three letters or
numerals may be issued
in accordance with this section shall include at least
buses, passenger cars, and noncommercial motor vehicles.
Sec. 4508.06. (A) The director of public safety may refuse to
issue, or may
suspend or revoke, a license or may impose a fine in any case
in
which
the director
finds the applicant or licensee has violated
any of
the provisions of
this chapter, or
any of the regulations rules
adopted
by the director, or has failed to pay a fine imposed under this division.
No person whose license has been
suspended or
revoked
under this section shall
fail to return the license to
the director. (B) Whoever violates fails to return a license that has been suspended or revoked under division (A) of this section is guilty
of failing to return a suspended or revoked license, a minor
misdemeanor or, on a second or subsequent offense within two years
after the first offense, a misdemeanor of the fourth degree. Sec. 4508.10. (A) A driver training school shall issue a certificate of completion to each person who successfully completes a course of instruction necessary to obtain or maintain a driver's license. The department of public safety shall provide each driver training school with the certificate of completion forms. (B) The fee for each driver's license certificate of completion provided by the department to a driver training school is eight dollars. The director of public safety shall deposit the fees collected under this section into the state treasury to the credit of the state highway safety fund created in section 4501.16 of the Revised Code.
(C) As used in this section, "driver's license" has the same meaning as in section 4507.01 of the Revised Code.
Sec. 4509.27. There is hereby created in the state treasury
the security deposit fund. All security deposits that the
registrar of motor vehicles requires to be paid under section
4509.12 of the Revised Code and that the registrar receives shall
be deposited into the fund. Moneys in the fund shall be applied
only to the payment of a judgment for damages arising out of an
accident as provided in section 4509.28 of the Revised Code and to
the return of security deposits as provided in sections 4509.25
and 4509.29 of the Revised Code. All investment earnings on the
cash balance in of the fund shall be credited to the state bureau of motor vehicles fund created by section 4501.25 of the Revised Code. Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code. (2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug, or
alcohol and drug
content of the
person's
whole blood,
blood serum
or plasma,
breath, or urine
if
arrested
for
a
violation of
division (A) or
(B) of
section 4511.19 of the Revised
Code,
section 4511.194 of
the
Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI
ordinance. (3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered. (4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this section, and the test or
tests may be
administered, subject
to sections 313.12 to 313.16 of
the Revised
Code. (B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or (B) of section 4511.19 of the Revised Code,
section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance
that was completed and sent to the registrar and a court pursuant
to
section
4511.192 of the
Revised Code in regard to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
this
division and that section and the period of the
suspension,
as determined under
this
section. The suspension shall be
subject to appeal as
provided in
section
4511.197 of the Revised
Code. The suspension
shall be for whichever of the
following
periods applies: (a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code. (b) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test, the
suspension
shall be
a class B suspension imposed for
the period of time
specified in division (B)(2) of section 4510.02
of the Revised
Code. (c) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test,
the
suspension
shall be
a class A suspension imposed for
the period of time
specified in division (B)(1) of section 4510.02
of the Revised
Code. (d) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to
consent to a
chemical test, the
suspension
shall be
for five
years. (2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the person has been
convicted after entering a plea of no contest to, operating a vehicle in violation
of section 4511.19
of
the Revised Code or in violation of a municipal
OVI ordinance,
if the offense for which the conviction is had or
the
plea is
entered arose from the same incident that led to the suspension or
denial. The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section. (C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised Code in regard to a
person
whose test
results indicate that the person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code, the registrar
shall
enter into the registrar's
records the fact that the
person's
driver's or
commercial
driver's
license or permit or
nonresident
operating privilege was
suspended
by the arresting
officer under
this
division
and section
4511.192 of the Revised Code and the
period of the
suspension, as
determined
under divisions (F)(1) to
(4) of this
section. The
suspension
shall be subject to appeal as
provided in
section
4511.197 of the Revised Code. The
suspension
described in
this division does not apply to, and shall
not be
imposed upon, a
person arrested for a violation of section
4511.194
of the Revised
Code or a substantially equivalent municipal ordinance who submits to a designated chemical
test.
The
suspension
shall
be for whichever of the following
periods
applies: (a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code. (b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense. (c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code. (d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code. (2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the person has
been
convicted after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial. The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section. (D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension. (2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code or a substantially equivalent municipal ordinance,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division. (E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 through to 4511.197
of the
Revised Code that a nonresident's privilege to
operate a
vehicle
within this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license. (F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section: (1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code. (2) Subject to the limitation contained in division
(F)(3)
of this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars,
which fee
shall be deposited in the state
treasury and credited
as follows: (a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code. (b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code. (c) Thirty-seven dollars and fifty cents
shall be credited
to the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost of an alcohol
and drug addiction treatment program
attended by an offender or
juvenile traffic offender who is
ordered to attend an alcohol and
drug addiction treatment program
by a county, juvenile, or
municipal court judge and who is
determined by the county,
juvenile, or municipal court judge not
to have the means to pay
for
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. Moneys in the fund
that are not
distributed to a
county indigent drivers alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services. (d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent. (e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(F)(4) of
this section. (f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code. (g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code. (3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section 4510.07 of the Revised
Code for a violation of a municipal
OVI ordinance or
under any
combination of the
suspensions
described in division
(F)(3) of
this section, and if the
suspensions arise from a single incident
or a single set of facts
and
circumstances, the person is liable
for payment of, and shall
be required to
pay to the bureau, only
one reinstatement fee of
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau in
accordance
with division
(F)(2) of
this section. (4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under
this
section shall be used by
the agency to pay for not more than
fifty
per cent of the amount
of the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs. The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs. (G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension. (H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L)(F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division
(H)(2) of this
section. Additionally,
all portions of fines that are paid for a
violation of section
4511.19 of the Revised Code or
of any prohibition contained in
Chapter 4510. of the Revised Code,
and that are
required under
section
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to be
deposited
into a county indigent drivers alcohol
treatment fund
or municipal
indigent drivers alcohol treatment
fund shall be
deposited into
the appropriate fund in accordance
with the
applicable division. (2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows: (a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows: (i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court; (ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court; (iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court. (b) If the suspension in question was imposed under
section
4511.19 of the Revised Code
or under
section 4510.07 of the
Revised Code for a violation of a municipal
OVI ordinance, that
portion
of the fee shall be deposited as
follows: (i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court; (ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court. (3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(H)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol,
drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs. (4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for
alcohol and drug abuse
assessment and treatment of persons who are charged in
the court
with committing a criminal offense or with being a delinquent
child
or juvenile traffic offender and in relation to whom both of
the following
apply: (a) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged. (b) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
Sec. 4513.263. (A) As used in this section and in section
4513.99 of the Revised Code: (1) "Automobile" means any commercial tractor, passenger
car, commercial car, or truck that is required to be
factory-equipped with an occupant restraining device for the
operator or any passenger by regulations adopted by the United
States secretary of transportation pursuant to the "National
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15
U.S.C.A. 1392. (2) "Occupant restraining device" means a seat safety
belt,
shoulder belt, harness, or other safety device for
restraining a
person who is an operator of or passenger in an
automobile and
that satisfies the minimum federal vehicle safety
standards
established by the United States department of
transportation. (3) "Passenger" means any person in an automobile, other
than its operator, who is occupying a seating position for which
an occupant restraining device is provided. (4) "Commercial tractor," "passenger car," and "commercial
car" have the same meanings as in section 4501.01 of the Revised
Code. (5) "Vehicle" and "motor vehicle," as used in the
definitions of the terms set forth in division (A)(4) of this
section, have the same meanings as in section 4511.01 of the
Revised Code.
(6) "Tort action" means a civil action for damages for injury, death, or loss to person or property. "Tort action" includes a product liability claim, as defined in section 2307.71 of the Revised Code, and an asbestos claim, as defined in section 2307.91 of the Revised Code, but does not include a civil action for damages for breach of contract or another agreement between persons. (B) No person shall do any of the following: (1) Operate an automobile on any street or highway unless
that person is wearing all of the available elements of a properly
adjusted occupant restraining device, or operate a school bus
that
has an occupant restraining device installed for use in its
operator's seat unless that person is wearing all of the available
elements of the device, as properly adjusted; (2) Operate an automobile on any street or highway unless
each passenger in the automobile who is subject to the
requirement
set forth in division (B)(3) of this section is
wearing all of the
available elements of a properly adjusted
occupant restraining
device; (3) Occupy, as a passenger, a seating position on the
front
seat of an automobile being operated on any street or
highway
unless that person is wearing all of the available elements
of a
properly adjusted occupant restraining device; (4) Operate a taxicab on any street or highway unless all
factory-equipped occupant restraining devices in the taxicab are
maintained in usable form. (C) Division (B)(3) of this section does not apply to a
person who is required by section 4511.81 of the Revised Code to
be secured in a child restraint device. Division (B)(1) of this
section does not apply to a person who is an employee of the
United States postal service or of a newspaper home delivery
service, during any period in which the person is engaged in the
operation of an automobile to deliver mail or newspapers to
addressees. Divisions (B)(1) and (3) of this section do not
apply
to a person who has an affidavit signed by a physician
licensed to
practice in this state under Chapter 4731. of the
Revised Code or
a chiropractor licensed to practice in this state
under Chapter
4734. of the Revised Code that states that the
person has a
physical impairment that makes use of an occupant
restraining
device impossible or impractical. (D) Notwithstanding any provision of law to the contrary,
no
law enforcement officer shall cause an operator of an
automobile
being operated on any street or highway to stop the
automobile for
the sole purpose of determining whether a
violation of division
(B) of this section has been or is being
committed or for the sole
purpose of issuing a ticket, citation,
or summons for a violation
of that nature or
causing the arrest of or
commencing a
prosecution of a person for a violation of
that nature, and no
law
enforcement officer shall view the interior or visually
inspect
any automobile being operated on any street or highway
for the
sole purpose of determining whether a violation of that
nature has
been or is being committed. (E) All fines collected for violations of division (B) of
this section, or for violations of any ordinance or resolution of
a political subdivision that is substantively comparable to that
division, shall be forwarded to the treasurer of state for deposit
as follows: (1) Eight per cent shall be deposited into the seat belt
education fund, which is hereby created in the state treasury,
and
shall be used by the department of public safety to establish a
seat belt education program. (2) Eight per cent shall be deposited into the elementary
school program fund, which is hereby created in the state
treasury,
and shall be used by the department of public safety to
establish
and administer elementary school programs that encourage
seat safety
belt use.
(3) Two per cent shall be
deposited into the Ohio
medical transportation trust fund created by section
4766.05 of the
Revised
Code.
(4) Twenty-eight (2) Ninety-eight per cent shall be deposited into the
trauma
and emergency medical services fund, which is hereby created in
the
state treasury, and shall be used by the department of public
safety for the administration of the division of emergency
medical
services and the state board of emergency medical services.
(5) Fifty-four per cent shall be
deposited
into the trauma
and emergency
medical services grants fund, which is hereby
created in the state
treasury, and shall be used; by the state
board of emergency
medical services to make grants, in accordance
with section
4765.07 of the Revised Code and rules the board
adopts
under
section 4765.11 of the Revised Code; and by the department of public safety to establish a seat belt education program, which shall include elementary school programs that encourage seat belt use.
(F)(1) Subject to division (F)(2) of this section, the
failure of a person to wear all of the available elements of a
properly adjusted occupant restraining device in violation of division (B)(1) or (3) of this section
or the failure of a person
to ensure that
each minor who is a
passenger of an automobile
being
operated by
that person is
wearing all of the available
elements of
a properly adjusted occupant restraining
device
in
violation of division (B)(2) of this
section shall
not
be
considered
or used by the trier of fact in a tort action as
evidence of negligence or contributory negligence. But, the trier of fact may determine based on evidence admitted consistent with the Ohio rules Rules of evidence Evidence that the failure contributed to the harm alleged in the tort action and may diminish a
recovery
of compensatory damages that represents noneconomic loss, as defined in section 2307.011 of the Revised Code, in
a tort action
that could have been recovered but for the plaintiff's failure to wear all of the available elements of a properly adjusted occupant restraining device. Evidence of that failure shall not be used as
a
basis for a
criminal prosecution of the person other than a
prosecution for a
violation of this section; and shall not be
admissible as evidence
in
a criminal action involving
the person other than a
prosecution for a violation of this
section. (2) If, at the time of an accident involving a passenger
car
equipped with occupant restraining devices, any occupant of
the
passenger car who sustained injury or death was not wearing
an
available occupant restraining device, was not wearing all of
the
available elements of such a device, or was not wearing such
a
device as properly adjusted, then, consistent with the Rules of
Evidence, the fact that the occupant was not wearing the
available
occupant restraining device, was not wearing all of the
available
elements of such a device, or was not wearing such a
device as
properly adjusted is admissible in evidence in relation
to any
claim for relief in a tort action to the extent that the
claim for
relief satisfies all of the following: (a) It seeks to recover damages for injury or death to the
occupant. (b) The defendant in question is the manufacturer,
designer,
distributor, or seller of the passenger car. (c) The claim for relief against the defendant in question
is that the injury or death sustained by the occupant was
enhanced
or aggravated by some design defect in the passenger car
or that
the passenger car was not crashworthy. (G)(1) Whoever violates division (B)(1) of this section
shall be fined thirty dollars. (2) Whoever violates division (B)(3) of this section shall
be fined twenty dollars. (3) Except as otherwise provided in this division, whoever
violates division (B)(4) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(4) of this section,
whoever violates division (B)(4) of this section is guilty of a
misdemeanor of the third degree.
Sec. 4749.03. (A)(1) Any individual, including a partner
in a partnership, may be licensed as a private investigator under
a class B license, or as a security guard provider under a class
C license, or as a private investigator and a security guard
provider under a class A license, if the individual meets all of the
following requirements: (a) Has a good reputation for integrity, has not been
convicted of a felony within the last twenty years or any offense
involving moral turpitude, and has not been adjudicated
incompetent for the purpose of holding the license, as provided
in section 5122.301 of the Revised Code, without having been
restored to legal capacity for that purpose. (b) Depending upon the class of license for which
application is made, for a continuous period of at least two
years immediately preceding application for a license, has
been engaged in investigatory or security services work for a law
enforcement or other public agency engaged in investigatory
activities, or for a private investigator or security guard
provider, or engaged in the practice of law, or has acquired
equivalent experience as determined by rule of the director of
public safety. (c) Demonstrates competency as a private
investigator or security guard provider by passing an examination
devised for this purpose by the director, except that any
individually licensed person who qualifies a corporation for
licensure shall not be required to be reexamined if the
person qualifies the corporation in the same capacity that
the person was individually licensed. (d) Submits evidence of comprehensive general
liability
insurance coverage, or other equivalent guarantee approved by the
director in such form and in principal amounts satisfactory to
the director, but not less than one hundred thousand dollars for
each person and three hundred thousand dollars for each
occurrence for bodily injury liability, and one hundred thousand
dollars for property damage liability. (e) Pays the requisite examination and license fees. (2) A corporation may be licensed as a private
investigator under a class B license, or as a security guard
provider under a class C license, or as a private investigator
and a security guard provider under a class A license, if an
application for licensure is filed by an officer of the
corporation and the officer, another officer, or the
qualifying agent of
the corporation satisfies the requirements of divisions (A)(1)
and (F)(1) of this section. Officers and the statutory agent of
a corporation shall be determined in accordance with Chapter
1701. of the Revised Code. (3) At least one partner in a partnership shall be
licensed as a private investigator, or as a security guard
provider, or as a private investigator and a security guard
provider. Partners in a partnership shall be determined as
provided for in Chapter 1775. of the Revised Code. (B) Application An application for a class A, B, or C license shall be in
writing, under oath, to completed in the form the director prescribes. In the case of an
individual, the application shall state the applicant's name,
birth date, citizenship, physical description, current residence,
residences for the preceding ten years, current employment,
employment for the preceding seven years, experience
qualifications, the location of each of the applicant's
offices in this state, and any other information that is necessary in order
for
the director to comply with the requirements of this chapter. In
the case of a corporation, the application shall state the name
of the officer or qualifying agent filing the application; the
state in which the corporation is incorporated and the date of
incorporation; the states in which the corporation is authorized
to transact business; the name of its qualifying agent; the name
of the officer or qualifying agent of the corporation who
satisfies the requirements of divisions (A)(1) and (F)(1) of this
section and the birth date, citizenship, physical description,
current residence, residences for the preceding ten years,
current employment, employment for the preceding seven years, and
experience qualifications of that officer or qualifying agent;
and other information that the director requires. A corporation
may specify in its application information relative to one or
more individuals who satisfy the requirements of divisions (A)(1)
and (F)(1) of this section. The application described in this division shall be accompanied by all of the following: (1) One recent full-face photograph of the applicant or,
in the case of a corporation, of each officer or qualifying agent
specified in the application as satisfying the requirements of
divisions (A)(1) and (F)(1) of this section; (2) One complete set of the applicant's fingerprints or,
in the case of a corporation, of the fingerprints of each officer
or qualifying agent specified in the application as satisfying
the requirements of divisions (A)(1) and (F)(1) of this section; (3) Character references from at least five reputable
citizens for the applicant or, in the case of a corporation, for
each officer or qualifying agent specified in the application as
satisfying the requirements of divisions (A)(1) and (F)(1) of
this section, each of whom has known the applicant, officer, or
qualifying agent for at least five years preceding the
application, and none of whom are connected with the applicant,
officer, or qualifying agent by blood or marriage;
(4)(3) An examination fee of twenty-five dollars for the
applicant or, in the case of a corporation, for each officer or
qualifying agent specified in the application as satisfying the
requirements of divisions (A)(1) and (F)(1) of this section, and
a license fee of two hundred fifty in the amount the director determines, not to exceed three hundred seventy-five dollars. The license fee
shall be refunded if a license is not issued.
(C) Upon receipt of the application and accompanying
matter described in division (B) of this section, the director shall forward to the bureau of criminal
identification and investigation a request that it make an
investigation of the applicant or, in the case of a corporation,
each officer or qualifying agent specified in the application as
satisfying the requirements of divisions (A)(1) and (F)(1) of
this section, to determine whether the applicant, officer, or
qualifying agent meets the requirements of division (A)(1)(a) of
this section. (1) Each individual applying for a license and each individual specified by a corporation as an officer or qualifying agent in an application shall submit one complete set of fingerprints directly to the superintendent of the bureau of criminal identification and investigation for the purpose of conducting a criminal records check. The individual shall provide the fingerprints using a method the superintendent prescribes pursuant to division (C)(2) of section 109.572 of the Revised Code and fill out the form the superintendent prescribes pursuant to division (C)(1) of section 109.572 of the Revised Code. An applicant who intends to carry a firearm as defined in section 2923.11 of the Revised Code in the course of business or employment shall so notify the superintendent. This notification is in addition to any other requirement related to carrying a firearm that applies to the applicant. The individual or corporation requesting the criminal records check shall pay the fee the superintendent prescribes.
(2) The superintendent shall conduct the criminal records check as set forth in division (B) of section 109.572 of the Revised Code. If an applicant intends to carry a firearm in the course of business or employment, the superintendent shall make a request to the federal bureau of investigation for any information and review the information the bureau provides pursuant to division (B)(2) of section 109.572 of the Revised Code. The superintendent shall submit all results of the completed investigation to the director of public safety. (3) If the director determines that the applicant,
officer, or qualifying agent meets the requirements of divisions
(A)(1)(a), (b), and (d) of this section and that an officer or
qualifying agent meets the requirement of division (F)(1) of this
section, the director shall notify the applicant, officer, or
agent of the time and place for the examination. If the director determines
that an applicant does not meet the requirements of divisions
(A)(1)(a), (b), and (d) of this section, the director shall
notify the applicant that the applicant's application is
refused and refund the license
fee. If the director determines that none of the individuals
specified in the application of a corporation as satisfying the
requirements of divisions (A)(1) and (F)(1) of this section meet
the requirements of divisions (A)(1)(a), (b), and (d) and (F)(1)
of this section, the director shall notify the corporation
that its application is refused and refund the license fee. If the
director requests an investigation of any applicant, officer, or
qualifying agent and if the bureau assesses the director a fee
for the any investigation, the director, in addition to any other fee
assessed pursuant to this chapter, may assess the applicant,
officer, or qualifying agent, as appropriate, a fee that is equal
to the fee assessed by the bureau. (D) If upon application, investigation, and examination,
the director finds that the applicant or, in the case of a
corporation, any officer or qualifying agent specified in the
application as satisfying the requirements of divisions (A)(1)
and (F)(1) of this section, meets the applicable requirements,
the director shall issue the applicant or the corporation a class A, B,
or C license. The director also shall issue an identification card to an applicant, but not
an officer or qualifying agent of a corporation, who meets the
applicable requirements. The license and
identification card shall state the licensee's name, the
classification of the license, the location of the
licensee's principal place of business in this state, and the expiration
date of the license, and, in the case of a corporation, it also shall state
the name of each officer or qualifying agent who satisfied the
requirements of divisions (A)(1) and (F)(1) of this section. Licenses expire on the first day of March following the
date of initial issue, and on the first day of March of each year
thereafter. Renewals Annual renewals shall be according to the standard renewal
procedures contained in Chapter 4745. of the Revised Code, upon
payment of a an annual renewal fee of two hundred fifty the director determines, not to exceed two hundred seventy-five dollars. No
license shall be renewed if the licensee or, in the case of a
corporation, each officer or qualifying agent who qualified the
corporation for licensure no longer meets the applicable
requirements of this section. No license shall be renewed unless
the licensee provides evidence of workers' compensation risk
coverage and unemployment compensation insurance coverage, other
than for clerical employees and excepting sole proprietors who are exempted
therefrom, as provided for in Chapters 4123.
and 4141. of the Revised Code, respectively, as well as the
licensee's state tax identification number. No reexamination
shall be required for renewal of a current license. For purposes of this chapter, a class A, B, or C license
issued to a corporation shall be considered as also having
licensed the individuals who qualified the corporation for
licensure, for as long as they are associated with the
corporation. For purposes of this division, "sole proprietor" means an individual
licensed under this chapter who does not employ any other individual. (E) The director may issue a duplicate copy of a license
issued under this section for the purpose of replacement of a
lost, spoliated, or destroyed license, upon payment of a fee
fixed by the director determines, not exceeding twenty-five dollars. Any
change in license classification requires new application and
application fees. (F)(1) In order to qualify a corporation for a class A, B,
or C license, an officer or qualifying agent may qualify another
corporation for similar licensure, provided that the officer or
qualifying agent is actively engaged in the business of both corporations. (2) Each officer or qualifying agent who qualifies a
corporation for class A, B, or C licensure shall surrender any
personal license of a similar nature that the officer or
qualifying agent possesses. (3) Upon written notification to the director, completion
of an application similar to that for original licensure,
surrender of the corporation's current license, and payment of a
twenty-five dollar fee, a corporation's class A, B, or C license
may be transferred to another corporation. (4) Upon written notification to the director, completion
of an application similar to that for an individual seeking class
A, B, or C licensure, payment of a twenty-five dollar fee, and,
if the individual was the only individual that qualified a
corporation for licensure, surrender of the corporation's license, any officer
or qualifying agent who qualified a corporation for licensure under
this chapter may obtain a similar license in the
individual's own name without reexamination. A request by an officer or
qualifying agent for an individual license shall not affect a corporation's
license
unless the individual is the only individual that qualified
the corporation for licensure or all the other individuals who qualified the
corporation for licensure submit such requests. (G) If a corporation is for any reason no longer
associated with an individual who qualified it for licensure
under this chapter, an officer of the corporation shall notify
the director of that fact by certified mail, return receipt
requested, within ten days after the association terminates. If
the notification is so given, the individual was the only
individual that qualified the corporation for licensure, and the
corporation submits the name of another officer or qualifying
agent to qualify the corporation for the license within thirty
days after the association terminates, the corporation may
continue to operate in the business of private investigation, the
business of security services, or both businesses in this state
under that license for ninety days after the association
terminates. If the officer or qualifying agent whose name is
submitted satisfies the requirements of divisions (A)(1) and
(F)(1) of this section, the director shall issue a new license to
the corporation within that ninety-day period. The names of more
than one individual may be submitted. Sec. 4749.06. (A)
Each class A, B, or C licensee shall
register
the licensee's investigator or security guard
employees,
with the
department of public safety, which shall
maintain a
record of each licensee and registered employee and make it
available, upon
request, to any law enforcement
agency.
The class
A, B, or C
licensee shall file an
application to register
a new
employee no
sooner than three days
nor later than seven
calendar
days after the date
on which the
employee
is hired.
(B)(1)
Each employee's registration application shall be
accompanied by one
complete set of
the employee's
fingerprints,
one recent
photograph of the employee,
the
employee's physical
description, and an
eighteen-dollar the
registration fee the director determines, not to exceed forty dollars. (2) If the director of public safety requests the
bureau of
criminal
identification and investigation to conduct an
investigation of
a
licensee's employee and if the bureau assesses
the
director
a fee
for the investigation, the
director, in
addition to any other fee
assessed pursuant to this chapter,
may
assess the
licensee a fee
that is equal to the fee
assessed by
the bureau. The employee shall submit one complete set of fingerprints directly to the superintendent of the bureau of criminal identification and investigation for the purpose of conducting a criminal records check. The employee shall provide the fingerprints using a method the superintendent prescribes pursuant to division (C)(2) of section 109.572 of the Revised Code and fill out the form the superintendent prescribes pursuant to division (C)(1) of section 109.572 of the Revised Code. An employee who intends to carry a firearm as defined in section 2923.11 of the Revised Code in the course of business or employment shall so notify the superintendent. This notification is in addition to any other requirement related to carrying a firearm that applies to the employee. The individual or corporation requesting the criminal records check shall pay the fee the superintendent prescribes.
The superintendent shall conduct the criminal records check as set forth in division (B) of section 109.572 of the Revised Code. If an employee intends to carry a firearm in the course of business or employment, pursuant to division (B)(2) of section 109.572 of the Revised Code the superintendent shall make a request of the federal bureau of investigation for any information and review the information the bureau provides. The superintendent shall submit all results of the completed investigation to the director of public safety. (3)
If, after
investigation, the bureau finds that the
employee
has not been
convicted of a felony within the
last
twenty years,
the
director
shall issue
to the
employee an
identification card
bearing
the
license number
and
signature of
the licensee, which
in the
case of
a corporation
shall be the signature of its
president or
its
qualifying agent,
and containing the
employee's
name, address,
age, physical description,
and right
thumb print
or other
identifying mark as the director prescribes,
a recent
photograph
of the employee, and
the employee's
signature.
The director
may issue a duplicate of a lost,
spoliated, or destroyed
identification card issued under this
section, upon payment of a
fee fixed by the
director, not exceeding five
dollars. (C)
Except as provided in division (E) of this section,
no
class A, B, or C licensee shall permit an employee,
other than an
individual who qualified a
corporation for
licensure, to engage in
the business of private
investigation,
the business of security
services, or both
businesses until the
employee
receives an
identification card from the department,
except that
pending the
issuance of an identification card, a
class A, B, or C
licensee
may offer for hire security guard or
investigator
employees
provided the licensee obtains a waiver
from the person
who
receives, for hire, security guard or
investigative services,
acknowledging that the person is aware
the employees have not
completed their registration and
agreeing
to their employment. (D) If a class A, B, or C licensee, or a
registered
employee
of a class A, B, or C licensee, intends to carry a
firearm, as
defined in section 2923.11 of the Revised Code, in
the
course of
engaging in the business or employment,
the
licensee or
registered employee
shall
satisfactorily complete a firearms
basic
training program
that includes twenty hours of handgun
training
and five hours of
training in the use of other firearms,
if any
other firearm is to
be used, or equivalency training, if
authorized,
or shall be a
former peace officer who previously had
successfully completed a
firearms training course, shall receive a
certificate of
satisfactory completion of that program or written
evidence of
approval of the equivalency training, shall file an
application
for registration, shall receive a firearm-bearer
notation on
the licensee's or registered employee's
identification card, and shall annually requalify
on a firearms
range, all as described in division (A) of section
4749.10 of the
Revised Code. A private investigator, security
guard provider,
or
employee is authorized to carry a firearm only
in accordance
with
that division. (E) This section does not apply to commissioned peace
officers,
as defined in division (B) of section 2935.01 of the
Revised
Code,
working for, either as an employee or independent
contractor, a class
A, B, or C licensee. For purposes of this
chapter,
a commissioned peace officer is an employee exempt from
registration. (F) The registration of an investigator or security guard employee expires annually on the anniversary date of its initial issuance. Annual renewals shall be according to the standard renewal procedures contained in Chapter 4745. of the Revised Code and upon payment of a renewal fee the director determines, not to exceed thirty-five dollars. The director shall not renew the registration of any investigator or security guard employee who no longer meets the requirements of this section. No background check is required for annual renewal, but an investigator or security guard employee shall report any felony conviction to the employer and the director of public safety as a condition of continued registration.
Sec. 4749.10. (A) No class A, B, or C licensee and no
registered employee of a class A, B, or C licensee shall carry a
firearm, as defined in section 2923.11 of the Revised Code, in
the
course of engaging in the business of private investigation,
the
business of security services, or both businesses, unless all
of
the following apply: (1) The licensee or employee either has successfully
completed a basic firearm
training program at a training school
approved by the Ohio peace
officer training commission, which
program includes twenty hours of
training in handgun use and, if
any firearm other than a handgun
is to be used, five hours of
training in the use of other
firearms, and has received a
certificate of satisfactory
completion of that program from the
executive director of the
commission; the licensee or employee
has, within three years prior to November 27, 1985, satisfactorily completed firearms training that
has been
approved by the commission as being equivalent to such a
program
and has received written evidence of approval of that
training
from the executive director of the commission;
or the licensee or
employee is a
former peace officer, as defined in section 109.71
of the Revised
Code, who previously had successfully completed a
firearms
training course at a training school approved by the Ohio
peace
officer training commission and has received a certificate
or other
evidence of satisfactory completion of that course from
the
executive director of the commission. (2) The licensee or employee submits an application to the
director of public safety, on a form prescribed by the director, in
which the
licensee or employee requests
registration as a class A,
B, or C licensee or employee who may
carry a firearm. The
application shall be accompanied by a copy
of the certificate or
the written evidence or other evidence
described in division
(A)(1) of this section, the identification
card issued pursuant to
section 4749.03 or 4749.06 of the Revised
Code if one has
previously been issued, a statement of the duties
that will be
performed while the licensee or employee is
armed, and a fee of
ten the director determines, not to exceed fifteen
dollars. In the case of a registered employee, the statement
shall be prepared by the employing class A, B, or C licensee. (3) The licensee or employee receives a notation on
the
licensee's or employee's identification card that
the licensee or
employee is a firearm-bearer and carries the
identification card
whenever the licensee or employee carries a firearm in the
course
of engaging in the
business of private investigation, the business
of security
services, or both businesses. (4) At any time within the immediately preceding
twelve-month period, the licensee or employee has requalified
in
firearms use on a
firearms training range at a firearms
requalification program
certified by the Ohio peace officer
training commission
or on a
firearms training range under the
supervision of an instructor
certified by the commission and has
received a
certificate of
satisfactory requalification from the
certified program or
certified instructor, provided that this
division does not apply
to any licensee or employee prior to the
expiration of eighteen
months after the licensee's or employee's
completion of the
program described in division (A)(1) of this
section. A
certificate of satisfactory requalification is valid
and remains
in effect for twelve months from the date of the
requalification. (5) If division (A)(4) of this section applies to the
licensee or employee, the licensee or employee carries
the
certificate of satisfactory
requalification that then is in effect
or any other evidence of
requalification issued or provided by the
director. (B)(1) The director of public safety shall register an
applicant
under division (A) of this section who satisfies
divisions (A)(1)
and (2) of this section, and place a notation on
the applicant's
identification card indicating that the applicant
is a
firearm-bearer and the date on which the applicant completed
the
program described in division (A)(1) of this section. (2) A firearms requalification training program or
instructor certified by the commission for the annual
requalification of class A, B, or C licensees or employees who
are
authorized to carry a firearm under section 4749.10 of the
Revised
Code shall award a certificate of satisfactory
requalification to
each class A, B, or C licensee or registered
employee of a class
A, B, or C licensee who satisfactorily
requalifies in firearms
training. The certificate shall identify
the licensee or employee
and indicate the date of the
requalification. A licensee or
employee who receives such a
certificate shall submit a copy of it
to the director of
public safety. A licensee shall submit the copy of
the
requalification certificate at the same time that the
licensee
makes
application for renewal of the licensee's class A, B, or C
license. The
director shall keep a record of all copies of
requalification
certificates the director receives under this
division and
shall establish
a procedure for the updating of
identification cards to provide
evidence of compliance with the
annual requalification
requirement. The procedure for the
updating of identification
cards may provide for the issuance of a
new card containing the
evidence, the entry of a new notation
containing the evidence on
the existing card, the issuance of a
separate card or paper
containing the evidence, or any other
procedure determined by the
director to be reasonable. Each
person who is issued a
requalification certificate under this
division promptly shall
pay to the Ohio peace officer training
commission
established by
section 109.71 of the Revised Code a fee
of five the director determines, not to exceed fifteen dollars, which
fee shall be transmitted to the treasurer
of state for deposit in
the peace officer private security fund
established by section
109.78 of the Revised Code.
(C) Nothing in this section prohibits a private investigator
or a security guard provider from carrying a concealed handgun if
the private investigator or security guard provider complies with
sections 2923.124 to 2923.1213 of the Revised Code.
Sec. 4765.07. (A) The state board of emergency medical
services shall adopt rules
under section 4765.11 of the Revised Code to establish and administer a grant
program under which grants are distributed according to
the following priorities: (1) First priority shall be given to emergency
medical service organizations for the training of
personnel, for the purchase of equipment and vehicles, and to improve
the
availability, accessibility, and quality of emergency medical
services in this state.
In this category, the board shall give priority to grants
that fund training and equipping of emergency medical service
personnel. (2) Second priority shall be given to entities that
research the causes, nature, and effects of traumatic injuries,
educate the public about injury prevention, and implement, test,
and evaluate injury prevention strategies. (3) Third priority shall be given to entities that research, test, and
evaluate procedures that promote the rehabilitation, retraining, and
reemployment of adult or pediatric trauma victims and social service support
mechanisms for
adult or pediatric trauma victims and their families. (4) Fourth priority shall be given to entities that
research, test, and evaluate medical procedures related to
adult and pediatric trauma care. (B) The
grant program shall be funded from the trauma and emergency medical services
grants fund created by section 4513.263 of the Revised Code.
Sec. 4765.11. (A) The state board of emergency medical
services shall adopt, and may amend and rescind, rules in
accordance with Chapter 119. of the Revised Code and division (C)
of this section that establish all of the following: (1) Procedures for its governance and the control of its
actions and business affairs; (2) Standards for the performance of emergency medical
services by first responders, emergency medical
technicians-basic, emergency medical technicians-intermediate, and emergency
medical technicians-paramedic; (3) Application fees for certificates of accreditation,
certificates of approval, certificates to teach, and certificates
to practice, which shall be deposited into the trauma and emergency
medical services fund
created in section 4513.263 of the Revised Code; (4) Criteria for determining when the application or
renewal fee for a certificate to practice may be waived because
an applicant cannot afford to pay the fee; (5) Procedures for issuance and renewal of certificates of
accreditation, certificates of approval, certificates to teach,
and certificates to practice, including any procedures necessary to
ensure that adequate notice of renewal is provided in accordance with division
(D) of section 4765.30 of the Revised Code; (6) Procedures for suspending or revoking certificates of
accreditation, certificates of approval, certificates to teach,
and certificates to practice; (7) Grounds for suspension or revocation of a certificate
to practice issued under section 4765.30 of the Revised Code and
for taking any other disciplinary action against a first
responder, EMT-basic, EMT-I, or paramedic; (8) Procedures for taking disciplinary action against a first
responder, EMT-basic, EMT-I, or paramedic; (9) Standards for certificates of accreditation and
certificates of approval; (10) Qualifications for certificates to teach; (11) Requirements for a certificate to practice; (12) The curricula, number of hours of instruction and
training, and instructional materials to be used in adult and pediatric
emergency
medical services training programs and adult and pediatric emergency
medical services
continuing education programs; (13) Procedures for conducting courses in recognizing
symptoms of life-threatening allergic reactions and in
calculating proper dosage levels and administering injections of
epinephrine to adult and pediatric patients who suffer
life-threatening allergic
reactions; (14) Examinations for certificates to practice; (15) Procedures for administering examinations for
certificates to practice; (16) Procedures for approving examinations that
demonstrate competence to have a certificate to practice renewed
without completing an emergency medical services continuing
education program; (17) Procedures for granting extensions and exemptions of
emergency medical services continuing education requirements; (18) Procedures for approving the additional emergency
medical services first responders are authorized by division (C)
of section 4765.35 of the Revised Code to perform, EMTs-basic are
authorized by division (C) of section 4765.37 of the
Revised Code to perform, EMTs-I are authorized by division (B)(5) of
section 4765.38 of the Revised Code to perform, and paramedics are authorized
by division (B)(6) of section 4765.39 of the Revised Code to perform; (19) Standards and procedures for implementing the requirements of
section 4765.06 of the Revised
Code, including designations of the persons who are required to
report information to the board and the types of information to
be reported; (20) Procedures for administering the emergency medical
services grant program established under section 4765.07 of the
Revised Code; (21) Procedures consistent with Chapter 119. of the
Revised Code for appealing decisions of the board; (22) Minimum qualifications and peer review and quality improvement
requirements for persons who provide medical direction to emergency medical
service personnel. (B) The board may adopt, and may amend and rescind, rules
in accordance with Chapter 119. of the Revised Code and division
(C) of this section that establish the following: (1) Specifications of information that may be collected
under the trauma system registry and incidence reporting system
created under section 4765.06 of the Revised Code; (2) Standards and procedures for implementing any of the
recommendations made by any
committees of the board or under
section 4765.57 of the Revised Code; (3) Requirements that a person must meet to receive a certificate to
practice as a first responder pursuant to division (A)(2) of section
4765.30 of the Revised Code; (4) Any other rules necessary to implement this chapter. (C) In developing and administering rules adopted under this
chapter, the state board of emergency medical services shall consult
with regional directors and regional physician advisory boards created by
section 4765.05 of the Revised Code and emphasize the special
needs of pediatric and
geriatric patients. (D) Except as otherwise provided in this division, before
adopting, amending, or rescinding any rule under this chapter,
the board shall submit the proposed rule to the director of
public safety for review. The director may review the
proposed rule for not more than sixty days after the date it is
submitted. If, within this sixty-day period, the director
approves the proposed rule or does not notify the board that the rule is
disapproved, the board may adopt, amend, or rescind the rule
as proposed. If, within this sixty-day period, the director
notifies the board that the proposed rule is disapproved, the
board shall not adopt, amend, or rescind the rule as proposed
unless at least twelve members of the board vote to adopt, amend,
or rescind it. This division does not apply to an emergency rule adopted
in accordance with section 119.03 of the Revised Code.
Sec. 5503.04. Forty-five per cent of the fines collected
from or moneys arising
from bail forfeited by persons apprehended or arrested by state
highway patrol troopers shall be paid into
the state treasury to be credited to the general revenue fund, five per
cent shall be paid into the state treasury to be credited to the trauma and
emergency medical services grants fund created by division (E) of
section 4513.263 of the Revised Code, and fifty per cent
shall be paid into the treasury of
the municipal corporation where the case is prosecuted, if in a
mayor's court. If the prosecution is in a trial court outside a
municipal corporation, or outside the territorial jurisdiction of
a municipal court, the fifty per cent of the fines and moneys that
is not paid into the state treasury shall be paid into the
treasury of the county where the case
is prosecuted. The fines and moneys paid into a county treasury and the
fines and moneys paid into the treasury of a municipal
corporation shall be deposited one-half to the same fund and
expended in the same manner as is the revenue received from the
registration of motor vehicles, and one-half to the general fund
of such county or municipal corporation. If the prosecution is in a municipal court, forty-five per
cent of the fines and moneys shall be paid into the state
treasury to be credited to the general revenue fund, five per cent shall be
paid into the state treasury to be credited to the trauma and emergency
medical services grants fund created by division (E) of section
4513.263 of the Revised Code, ten per cent
shall be paid into the county treasury to be credited to the
general fund of the county, and forty per cent shall
be paid
into the municipal treasury to be credited to the general fund of
the municipal corporation. In the Auglaize county, Clermont
county, Crawford county, Hocking county, Jackson county, Lawrence
county, Madison county, Miami county, Ottawa county, Portage
county, and Wayne county municipal courts, that portion of money
otherwise paid into the municipal treasury shall be paid into the
county treasury. The trial court shall make remittance of the fines and
moneys as prescribed in this section, and at the same time as the
remittance is made of the state's portion to the state treasury,
the trial court shall notify the superintendent of the state
highway patrol of the case and the amount covered by the
remittance. This section does not apply to fines for violations of
division (B) of section 4513.263 of the Revised Code, or for
violations of any municipal ordinance that is substantively
comparable to that division, all of which shall be delivered to
the treasurer of state as provided in division (E) of section
4513.263 of the Revised Code.
Sec. 5513.04. (A) Notwithstanding sections 125.12, 125.13, and
125.14 of the Revised Code, the director of transportation, after notice as provided in
sections 5513.01 and 5513.02 of the Revised Code with respect to purchase, may sell, transfer, or otherwise dispose of any item of personal property that is not needed by the department of transportation. The director may exchange any such item, in the manner provided for in this chapter, and pay the balance of the cost of such new item from funds appropriated to the department. The director also may accept a credit voucher or cash in an amount mutually agreed upon between a vendor and the department. The director shall apply the amount of any credit voucher to future purchases from that vendor and shall deposit any cash into the state treasury to the credit of the highway operating fund created in section 5735.291 of the Revised Code.
(B)(1) The director may
sell or transfer any structure, machinery, tools, equipment, parts,
material,
office furniture, or supplies unfit for use or not
needed by the department of transportation.
The director may sell or transfer any item specified in
this division to any agency of the state or a political
subdivision of the state without notice of the proposed disposal
and upon any mutually agreed upon terms. The director may
exchange any such item, in the manner provided for in this
chapter, and pay the balance of the cost of such new item from
any funds appropriated to the department. The director also may
accept a credit voucher in an amount mutually agreed upon
between a vendor and the department. The amount of the credit
voucher shall be applied to future purchases from that
vendor. (B) Notwithstanding
sections 125.12, 125.13, and 125.14 of the
Revised
Code, the director, after
notice as provided in this chapter with respect to purchase, may
sell
(2) Before selling any passenger vehicle, van, truck, trailer, or other heavy
equipment unfit for use or not required by the department.
Prior to such sale, the
director shall notify each county, municipal corporation,
township, and school district of the sale. The director shall
similarly notify the board of trustees of any regional water and
sewer district established under Chapter 6119. of the Revised
Code, when the board has forwarded to the director the
district's name and current business address. For the purposes of this
division, the
name and current business address of a regional water and sewer
district shall be forwarded to the director once each year during
any year in which the board wishes the notification to be given. The
notice required by this division may be given by the
most economical means considered to be effective, including, but
not limited to, regular mail, electronic mail, electronic
bulletin board, and publication in a periodical or
newspaper. If after seven days following
mailing or other issuance of the
director's notice, no county, municipal corporation, township, regional water
and
sewer district, educational service center, or school district
has notified the director that
it wishes to purchase any such vehicle or other heavy
equipment,
the director may proceed with the sale under division (D)(C) of this
section. The
director
may exchange such vehicles and other
heavy equipment for new
vehicles or other heavy equipment, in the
manner provided for in sections 5513.01 to 5513.04 of the Revised Code, and
pay the balance of the cost of such new vehicles or other
heavy equipment from the funds
appropriated
to the department. The director also may elect to accept a credit voucher
from a vendor in an amount mutually agreed to by the department and the
vendor. The director shall apply the credit voucher to future
purchases from that vendor. In an emergency situation as determined by the discretion of the director,
the director may transfer any vehicles vehicle or other
heavy equipment
that is unfit for use or not needed by the
department to any agency of the
state or political subdivision
of the state without advertising for bids and upon mutually
agreed to upon terms. (C)(3) The director may sell or otherwise dispose of
any
structure or structural materials salvaged on the state highway
system that in the director's judgment are no longer
needed by the
department, or that, through wear or obsolescence, have become
unfit for use. The director may
transfer the structure or materials to
counties, municipal corporations, school districts, or other governmental political
subdivisions without advertising for bids and upon mutually
agreed to upon terms. The director may transfer the structure or
structures structural materials to a nonprofit corporation upon being furnished a copy
of a contract between the nonprofit corporation and a county,
municipal corporation, or other governmental political subdivision to which
the structure is to be moved pursuant to which the nonprofit
corporation must make the structure or structures structural materials available for
rent or sale within a period of three months after becoming
available for occupancy to an individual or family which has been
displaced by governmental action or which occupies substandard
housing as certified by such governmental political subdivision, without
advertising for bids. Any such transfers shall be for such
consideration as shall be determined by the director to be fair
and reasonable, and shall be upon such terms and specifications
with respect to performance and indemnity as shall be determined
necessary by the director.
When, in carrying out an improvement that replaces any
structure or structural materials, it is advantageous to dispose of the
structure or structural materials by providing in the contract for the
improvement that the structure or structural materials, or any part thereof,
shall become the property of the contractor, the director may so
proceed. (D)(C)(1) Any item specified in division
(A), (B), or (C) of this section that has an
estimated market value greater than one thousand dollars and
that has not been sold or transferred as provided in those
divisions division (B) of this section may be sold at a public sale, as determined by the director. The director may
authorize such sale by the district deputy directors of
transportation, and the proceedings of such sale shall be
conducted in the same manner as provided for sales by the
director. The director may establish a minimum price for any item to be sold and may establish any other terms, conditions, and manner for the sale of a particular item, which may be on any basis the director determines to be most advantageous to the department. The director may reject any offer or bid for an item and may remove any item from a sale if it develops that a public authority has a use for the item. In any notice of a sale, the director shall include a brief description of the item to be sold, the terms and conditions of the sale, and a statement of the time, place, and manner of the sale.
Before making any sale under division
(D)(1) of this section (2)(a) If, in the opinion of the director, any item to be sold has an estimated fair market value in excess of one thousand dollars, the
director shall give post a notice of the sale by posting, for not less
than ten days, a written, typed, or printed invitation to
bidders on a traditional or electronic bulletin board in the
offices on the official web site of the department. The bulletin board shall be located
in a place open to the public during normal business hours If the district where the property is located maintains a web site, notice of the sale also shall be posted on that web site. At
least ten days before bids are to be received the sale, the director also
shall publish one notice of the sale in a periodical or
newspaper of general circulation in the region in which the
items are located. The invitation to bidders and the published
notice of the sale shall contain a brief description of the
items to be sold and a statement of the time and place where
bids will be received. The director may receive bids and make
such sale on any basis the director determines is most
advantageous to the department. A sale under division
(D)(1) of this section shall be
made to the highest responsible bidder. If, after invitations
are issued, it develops that any public authority has use for
any of the items, the director may reject all bids and dispose
of the items as set out in this section.
(2)(b) If, in the
opinion of the director, any item specified in division
(A), (B), or (C) of this section to be sold has an
estimated fair market value of one thousand dollars or less, the
director is not required to advertise the proposed sale except
by notice posted on a traditional or electronic bulletin board
in one or more offices the official web site of the department. The bulletin board
shall be located in a place open to the public during normal
business hours. The notice shall be posted for at least five
working days and shall contain a brief description of the items
to be sold and a statement of the time and place where bids will
be received. The director may receive bids and make such sale
on any basis the director determines is most advantageous to the
department. Sale of any item using this method of advertising
shall be made to the highest responsible bidder. If it develops
that any public authority has use for any of the items, the
director may reject all bids and dispose of the items as set out
in this section.
(E)(D) Proceeds of any sale described in this section shall
be paid into the state treasury to the credit of the state
highway operating fund or any other fund of the department as determined by
the director.
(E) Once each year, the state board of education shall provide the director with a current list of the addresses of all school districts and educational service centers in the state. (F) As used in this section, "school: (1) "School district"
means any
city school district, local school district, exempted village
school district, cooperative education
school district, and joint vocational school district, as defined
in Chapter 3311. of the Revised Code. Once each year, the state
board of education shall provide the director with a current list
of the addresses of all school districts and educational service
centers in the state. (2) "Sale" means fixed price sale, live or internet auction, or any other type of sale determined by the director.
Sec. 5525.01. Before entering into a contract the director
of transportation shall advertise for bids for two consecutive
weeks in one newspaper of general circulation
published in the county in
which the improvement or part thereof is located, but if there
is no
such newspaper then in one
newspaper having general circulation in an
adjacent county. The director may advertise for bids in such other
publications as the director considers advisable. Such
notices shall state that plans and specifications for the improvement are on
file in the office of the director and the district deputy director of
the district in which the improvement or part thereof is
located and the time within which bids therefor will be received. Each bidder shall be required to file with the bidder's bid
a bid guaranty in the form of a certified check or cashier's check for
an amount equal to five per cent of the bidder's bid, but in
no event more
than fifty thousand dollars, or a bid bond for ten per cent of
the bidder's bid, payable to the director, which check or
bond shall be
forthwith returned to the bidder in case the contract is awarded
to another bidder, or, in case of a successful bidder, when the
bidder has entered into a contract and furnished the bonds required by
section 5525.16 of the Revised Code. In the event the contract
is awarded to a bidder, and the bidder fails or refuses to
furnish the
bonds as required by section 5525.16 of the Revised Code, the
check or bid bond filed with the bidder's bid shall be
forfeited as
liquidated damages. No bidder shall be required either to file a
signed
contract with the bidder's bid, to enter into a
contract, or to furnish
the contract performance bond and the payment bond required by
that section until the bids have been opened and
the bidder has been notified by the director that the
bidder is awarded the
contract. The director shall permit a bidder to withdraw the bidder's
bid from consideration, without forfeiture of the certified check or bid
bond filed with the bid, providing a written request together
with a sworn statement of the grounds for such withdrawal is
delivered within forty-eight hours after the time established for
the receipt of bids, and if the price bid was substantially lower
than the other bids, providing the bid was submitted in good
faith, and the reason for the price bid being substantially lower
was a clerical mistake evident on the face of the bid, as opposed
to a judgment mistake, and was actually due to an unintentional
and substantial arithmetic error or an unintentional omission of
a substantial quantity of work, labor, or material made directly
in the compilation of the bid. In the event the director decides
the conditions for withdrawal have not been met, the director
may award the contract to such bidder. If such bidder does not then enter
into a contract and furnish the contract bond as required by law, the
director may declare forfeited the certified check or bid bond as
liquidated damages and award the contract to the next higher
bidder or reject the remaining bids and readvertise the project
for bids. Such bidder may, within thirty days, appeal the
decision of the director to the court of common pleas of Franklin
county and the court may affirm or reverse the decision of the
director and may order the director to refund the amount of the
forfeiture. At the hearing before the common pleas court
evidence may be introduced for and against the decision of the
director. The decision of the common pleas court may be appealed
as in other cases. The director shall require all bidders to furnish the
director under
oath, upon such printed forms as the director may prescribe,
detailed information with respect to all pending work
of the bidder, whether with the department of transportation or otherwise,
together with such other information as the director
considers necessary. In the event a bidder fails to submit anything required to
be submitted with the bid and then fails or refuses to so submit
such at the request of the director, the failure or refusal
constitutes grounds for the director, in the director's
discretion, to declare as forfeited the bid guaranty submitted with
the bid. The director may reject any or all bids. Except in regard to
contracts for
environmental remediation and specialty work for which there are
no classes of work set out in the rules adopted by the director, if the
director awards the contract, the director
shall award it to the lowest competent and
responsible bidder as defined by rules adopted by the director under
section 5525.05 of the Revised Code, who is qualified to
bid under sections 5525.02 to 5525.09 of the Revised Code. In regard to
contracts for environmental remediation and
specialty work for which there are no classes of work set out in
the rules adopted by the director, the director shall
competitively bid the projects in accordance with this chapter
and shall award the contracts to the lowest and best
bidder. The award for all projects competitively let by the
director under this section shall be made within ten days after the date
on which the bids are opened, and the successful bidder shall enter
into a contract and furnish a contract performance bond and a
payment bond, as provided for in section 5525.16 of the Revised
Code, within ten days after the bidder is notified that
the bidder has been awarded the contract. The director may insert in any contract awarded under this
chapter 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.
Sec. 5525.10. No Except as provided in section 5525.15 of the Revised Code, no contract for any road improvement shall be awarded for a
greater sum than the estimated cost thereof plus five per cent. The bids
received for an improvement shall be opened at the time and place stated in
the
notice and the bids shall conform to such other requirements as the director
of
transportation prescribes. If no acceptable bid is made the director may
readvertise the work at the original estimate or amend the estimate and again
proceed to advertise for bids. The director may contract for the
construction
or improvement of bridges and culverts or the grading required in connection
with an improvement and may defer making contracts for the remainder of said
improvement until such grade has become stable and solid.
Sec. 5525.15. The director of transportation may
provide that the estimate of cost of any project to be
constructed by the department by the taking of bids and awarding
of contracts shall be confidential information and so remain
until after all bids on the project have been received.
The estimate then shall be publicly
read prior to the opening of the
bids of the subject. When the director exercises the authority conferred by this
section, all information with respect to the total estimate of
cost of the project to be built by contract and with
respect to
the estimate of cost of any particular item of work involved
therein shall be kept and regarded by the director and all the
director's
subordinates as confidential, and shall not be revealed to any
person not employed in the department, or by the United States
department of transportation in the case of projects financed in
whole or part by federal funds, until after the bids on the
project have been opened and read. Section 5517.01 of the
Revised Code with respect to the public inspection of estimates
of cost prior to the opening of bids and with respect to filing
estimates of cost in the office of the district deputy director
of transportation does not apply
when the authority conferred
by this section is exercised. This section does not prohibit the
department from furnishing estimates of cost to counties,
municipal corporations, or other local political subdivisions or
to railroad or railway companies proposing to pay any portion of
the cost of an improvement. Section 5525.10 of the Revised Code, which provides that no
contract for any improvement shall be awarded for a greater sum
than the estimated cost thereof plus five per cent,
does not
apply in the case of any project with respect to which the
authority conferred by this section is exercised. In cases in
which the authority conferred by this section is exercised and
in which the bid of the
successful bidder exceeds the estimate, the director, before
entering into a contract, shall determine that
the bid of
the successful bidder is fair and reasonable, and as long as the
federal government imposes regulation on prices charged for
construction service, shall require the successful bidder to
certify that the bidder's bid does not exceed the maximum
permitted by
such federal regulation.
Sec. 5531.09. (A) The state infrastructure bank shall consist
of the highway and transit infrastructure bank fund, the aviation
infrastructure bank fund, the rail infrastructure bank fund, and the
infrastructure bank obligations fund, which are hereby
created as funds of the
state treasury, to be administered by the director of
transportation and used for the purposes described in division
(B) of this section. The highway and transit infrastructure bank fund, the
aviation infrastructure bank fund, and the rail infrastructure bank fund
shall consist of federal grants and awards or other assistance
received by the state and eligible for deposit therein under
applicable federal law, payments received by the department in
connection with providing financial assistance for qualifying
projects under division (B) of
this section, and such other amounts as may be provided by
law. The infrastructure bank obligations fund shall
consist of such
amounts of the proceeds of obligations issued
under section 5531.10 of the Revised Code as the
director of
transportation determines with the advice of the director of budget and
management; and
such other amounts as may be provided by law.
The director of budget and management, upon the
request of the director of transportation, may transfer amounts between
the funds
created in this division, except the infrastructure bank obligations fund.
The investment earnings of each fund created by this division shall be
credited to such fund. (B) The director of
transportation shall use the state infrastructure bank to
encourage public and private investment in transportation
facilities that contribute to the multi-modal and intermodal
transportation capabilities of the state, develop a variety of
financing techniques designed to expand the availability of
funding resources and to reduce direct state costs, maximize
private and local participation in financing projects, and
improve the efficiency of the state transportation system by
using and developing the particular advantages of each
transportation mode to the fullest extent. In furtherance of
these purposes, the director shall use the state infrastructure
bank to provide financial assistance to public or private
entities for qualified projects. Such assistance shall be in the
form of loans, loan guarantees, letters of credit, leases, lease-purchase
agreements, interest rate subsidies, debt
service reserves, and such
other forms as the director determines to be appropriate. All
fees, charges, rates of interest, payment schedules, security
for, and other terms and conditions relating to such assistance
shall be determined by the director. The highway and transit
infrastructure bank fund, the aviation infrastructure bank fund, and the rail
infrastructure bank fund may be used to pay debt service on obligations whose
proceeds have been deposited into the infrastructure bank obligations fund. (C) The director of transportation shall
adopt rules establishing guidelines necessary for the
implementation and exercise of the authority granted by this
section, including rules for receiving, reviewing, evaluating,
and selecting projects for which financial assistance may
be approved. (D) As used in this
section and in section 5531.10 of the Revised Code, "qualified project" means
any
public or private
transportation project as determined by the director of transportation,
including, without limitation, planning,
environmental impact studies, engineering, construction,
reconstruction, resurfacing, restoring,
rehabilitation, or replacement of public or private
transportation facilities within the state, studying the
feasibility thereof, and the acquisition of real or personal
property or interests therein; any highway, public transit,
aviation, rail, or other
transportation project eligible for financing or aid under any
federal or state program; and any project involving the
maintaining, repairing, improving, or construction of any public
or private highway, road, street, parkway, public
transit, aviation, or rail project,
and any related rights-of-way, bridges, tunnels,
railroad-highway crossings, drainage structures, signs,
guardrails, or protective structures. (E) The general assembly finds that state infrastructure
projects, as defined in division (A)(8) of section 5531.10 of the Revised Code, and
the state infrastructure bank, will materially contribute to the economic
revitalization of areas of the state and result in improving the economic
welfare of all the people of the state. Accordingly, it is declared to be the
public purpose of the state, through operations under sections 5531.09 and
5531.10 of the Revised Code, and other applicable laws adopted pursuant to Section
13 of Article VIII, Ohio Constitution, and
other authority vested in the general assembly, to assist in and facilitate
the purposes set forth in division (B) of section 5531.10 of the Revised Code,
and to assist and cooperate with any governmental agency in achieving such
purpose purposes.
Sec. 5531.10. (A) As used in this chapter: (1) "Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, lease-purchase agreements, and other
agreements, amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security or liquidity of,
obligations issued pursuant to this section, and the provisions
contained in such obligations. (2) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations, and interest, and redemption premium, if any,
required to be paid by the state on obligations. (3) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, the state infrastructure
bank revenue bond service fund created by division (R) of
this
section including all moneys and investments, and earnings from
investments, credited and to be credited thereto. (4) "Issuing authority" means the treasurer of state, or
the officer who by law performs the functions of the treasurer of state. (5) "Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section. (6) "Pledged receipts" means moneys accruing
to the state from the lease, lease-purchase, sale, or other
disposition, or use, of qualified projects,
and from the repayment, including
interest, of loans made from proceeds received from the sale of
obligations; accrued interest received from the sale of
obligations; income from the investment of the special funds;
any gifts, grants, donations, and pledges, and receipts
therefrom, available for the payment of bond service charges; and any amounts
in the state infrastructure bank pledged to the payment of such charges. If the amounts in the state infrastructure bank are insufficient for the payment of such charges, "pledged receipts" also means moneys that are apportioned by the United States secretary of transportation under United States Code, Title XXIII, as amended, or any successor legislation, or under any other federal law relating to aid for highways, and that are to be received as a grant by the state, to the extent the state is not prohibited by state or federal law from using such moneys and the moneys are pledged to the payment of such bond service charges. (7) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and the state infrastructure bank revenue bond service fund
created by division (R) of this section to the extent
provided in the bond proceedings, including all moneys and investments, and
earnings from investment, credited and to be credited thereto. (8) "State infrastructure project" means any public
transportation project undertaken by the state, including, but not limited to,
all components of any such project, as described in division (D) of
section 5131.09 of the Revised Code. (B) The issuing authority, after giving written
notice to the director of budget and management and upon the certification
by the director of transportation to the issuing
authority of the amount of moneys or additional moneys needed either for
state infrastructure projects or to provide financial assistance for any
of the purposes for which the state
infrastructure bank may be used under section 5531.09 of the Revised Code,
or needed for capitalized
interest, funding reserves, and paying costs and expenses
incurred in connection with the issuance, carrying, securing,
paying, redeeming, or retirement of the obligations or any
obligations refunded thereby, including payment of costs and
expenses relating to letters of credit, lines of credit,
insurance, put agreements, standby purchase agreements, indexing,
marketing, remarketing and administrative arrangements, interest
swap or hedging agreements, and any other credit enhancement,
liquidity, remarketing, renewal, or refunding arrangements, all
of which are authorized by this section, shall issue obligations of the state
under this section in the
required amount. The proceeds of such obligations, except for the
portion to be deposited in special funds, including reserve
funds, as may be provided in the bond proceedings, shall as
provided in the bond proceedings be credited to the infrastructure bank
obligations fund of the state infrastructure
bank created by section 5531.09
of the Revised Code and disbursed as provided in the bond proceedings for such obligations. The issuing authority may appoint trustees, paying
agents, transfer agents, and authenticating
agents, and may retain the services of financial
advisors, accounting experts, and attorneys, and retain or
contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs of such services are payable from funds of the
state infrastructure bank. (C) The Except as otherwise provided in this division, the holders or owners of such obligations shall have
no right to have moneys raised by taxation by the state of
Ohio obligated or pledged, and moneys so raised shall not
be obligated or pledged,
for the payment of bond service charges. The municipal corporations and counties may pledge and obligate moneys received pursuant to sections 4501.04, 5709.42, 5709.79, 5735.23, 5735.27, and 5735.291 of the Revised Code to the payment of amounts payable by those municipal corporations and counties to the state infrastructure bank pursuant to section 5531.09 of the Revised Code, and the bond proceedings for obligations may provide that such payments shall constitute pledged receipts, provided such moneys are obligated, pledged, and paid only with respect to obligations issued exclusively for public transportation projects. The right of such holders
and owners to the payment of bond service charges is limited to all
or that portion of the pledged receipts and those special funds
pledged thereto pursuant to the bond proceedings for such obligations
in accordance
with this section, and each such obligation shall bear on its
face a statement to that effect. (D) Obligations shall be authorized by order
of the issuing authority and the bond proceedings shall provide
for the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
twenty-five years from the date of issuance, the interest rate or
rates or the maximum interest rate, the date of the obligations
and the dates of payment of interest thereon, their denomination,
and the establishment within or without the state of a place or
places of payment of bond service charges. Sections 9.98 to
9.983 of the Revised Code are applicable to obligations issued
under this section. The purpose of such
obligations may be stated in the bond proceedings in terms
describing the general purpose or purposes to be served. The
bond proceedings also shall provide, subject to the provisions of
any other applicable bond proceedings, for the pledge of all, or
such part as the issuing authority may
determine, of the pledged
receipts and the applicable special fund or funds to the payment
of bond service charges, which pledges may be made either prior
or subordinate to other expenses, claims, or payments, and may be
made to secure the obligations on a parity with obligations
theretofore or thereafter issued, if and to the extent provided
in the bond proceedings. The pledged receipts and special funds
so pledged and thereafter received by the state immediately
are subject to the lien of such pledge without any physical delivery
thereof or further act, and the lien of any such pledges is valid
and binding against all parties having claims of any kind against
the state or any governmental agency of the state, irrespective
of whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of the Revised
Code, without the necessity for separation or
delivery of funds or for the filing or recording of the bond
proceedings by which such pledge is created or any certificate,
statement, or other document with respect thereto; and the pledge
of such pledged receipts and special funds is effective and the
money therefrom and thereof may be applied to the purposes for
which pledged without necessity for any act of appropriation.
Every pledge, and every covenant and agreement made with respect
thereto, made in the bond proceedings may therein be extended to
the benefit of the owners and holders of obligations authorized
by this section, and to any trustee therefor, for the further
security of the payment of the bond service charges. (E) The bond proceedings may contain additional provisions
as to: (1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings; (2) Other terms of the obligations; (3) Limitations on the issuance of additional obligations; (4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued; (5) The deposit, investment, and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131. or 135. of the Revised Code, but
subject to any special provisions of this section with
respect
to particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special
funds may furnish such indemnifying bonds or may pledge such
securities as required by the issuing authority; (6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision; (7) Any provision that may be made in a trust agreement or
indenture; (8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security
relating to financial assistance for qualified projects under section
5531.09 of the Revised Code. (F) The obligations may have the great seal of the state
or a facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on the date of such bonds or coupons such person was not the
issuing authority. In case the issuing authority whose signature
or a facsimile of whose signature appears on any such obligation
or coupon ceases to be the issuing authority before delivery
thereof, such signature or facsimile nevertheless is valid
and sufficient for all purposes as if the former issuing
authority had remained the issuing
authority until such delivery; and in case the seal to be affixed
to obligations has been changed after a facsimile of the seal has
been imprinted on such obligations, such facsimile seal shall
continue to be sufficient as to such obligations and obligations
issued in substitution or exchange therefor. (G) All obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both, as the issuing authority determines. Provision may be made
for the registration of any obligations with coupons attached
thereto as to principal alone or as to both principal and
interest, their exchange for obligations so registered, and for
the conversion or reconversion into obligations with coupons
attached thereto of any obligations registered as to both
principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion. (H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings. (I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which shall be exchanged for such definitive obligations. (J) In the discretion of the issuing authority,
obligations may be secured additionally by a trust agreement or
indenture between the issuing authority and a corporate trustee
which may be any trust company or bank having its principal place
of business within the state. Any such agreement or indenture
may contain the order authorizing the issuance of
the obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or
appropriate in an agreement or indenture of such type, including,
but not limited to: (1) Maintenance of each pledge, trust agreement,
indenture, or other instrument comprising part of the bond
proceedings until the state has fully paid the bond service
charges on the obligations secured thereby, or provision therefor
has been made; (2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of the foregoing; (3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on the rights of individual holders of
obligations; (4) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen; (5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing. (K) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's or
trustee's rights are restricted
by the bond proceedings, may by any suitable form of legal
proceedings, protect and enforce any rights under the laws of
this state or granted by such bond proceedings. Such rights
include the right to compel the performance of all duties of the
issuing authority and the director of transportation required by the bond
proceedings or sections 5531.09 and 5531.10 of the
Revised Code; to enjoin unlawful activities; and in the
event of
default with respect to the payment of any bond service charges
on any obligations or in the performance of any covenant or
agreement on the part of the issuing authority or the director of
transportation in the bond
proceedings, to apply to a court having jurisdiction of the cause
to appoint a receiver to receive and administer the pledged
receipts and special funds, other than those in the custody of
the treasurer of state, which are pledged to the payment of the
bond service charges on such obligations or which are the subject
of the covenant or agreement, with full power to pay, and to
provide for payment of bond service charges on, such obligations,
and with such powers, subject to the direction of the court, as
are accorded receivers in general equity cases, excluding any
power to pledge additional revenues or receipts or other income
or moneys of the state or local
governmental entities, or agencies
thereof, to the payment of such principal and
interest and excluding the power to take possession of, mortgage,
or cause the sale or otherwise dispose of any project facilities. Each duty of the issuing authority and the issuing
authority's officers and employees, and of each state or local
governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any loan, loan
guarantee, lease, lease-purchase agreement, or
other agreement made under authority of section
5531.09 of the Revised Code, and in every agreement by
or with the issuing authority,
is hereby established as a duty of the issuing authority, and of
each such officer, member, or employee having authority to
perform such duty, specifically enjoined by the law resulting
from an office, trust, or station within the meaning of section
2731.01 of the Revised Code. The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their personal capacities on any obligations issued by the
issuing authority or any agreements of or with the issuing
authority. (L) The issuing authority may authorize and issue
obligations for the refunding, including funding and retirement,
and advance refunding with or without payment or redemption prior
to maturity, of any obligations previously issued by the issuing
authority. Such obligations may be issued in amounts sufficient
for payment of the principal amount of the prior obligations, any
redemption premiums thereon, principal maturities of any such
obligations maturing prior to the redemption of the remaining
obligations on a parity therewith, interest accrued or to accrue
to the maturity dates or dates of redemption of such obligations,
and any expenses incurred or to be
incurred in connection with such issuance and such refunding,
funding, and retirement. Subject to the bond proceedings
therefor, the portion of proceeds of the sale of obligations
issued under this division to be applied to bond service charges
on the prior obligations shall be credited to an appropriate
account held by the trustee for such prior or new obligations or
to the appropriate account in the bond service fund for such
obligations. Obligations authorized under this division shall be
deemed to be issued for those purposes for which such prior
obligations were issued and are subject to the provisions of this
section pertaining to other obligations, except as otherwise
provided in this section. The
last maturity of obligations authorized under this division shall not be later
than twenty-five years from the date of issuance of the original securities
issued for the original purpose. (M) The authority to issue obligations under this section
includes authority to issue obligations in the form of bond
anticipation notes and to renew the same from time to time by the
issuance of new notes. The holders of such notes or interest
coupons pertaining thereto shall have a right to be paid solely
from the pledged receipts and special funds that may be pledged
to the payment of the bonds anticipated, or from the proceeds of
such bonds or renewal notes, or both, as the issuing authority
provides in the order authorizing such notes. Such
notes may be additionally secured by covenants of the issuing
authority to the effect that the issuing authority and the state
will do such or all things necessary for the issuance of such
bonds or renewal notes in the appropriate amount, and apply the
proceeds thereof to the extent necessary, to make full payment of
the principal of and interest on such notes at the time or times
contemplated, as provided in such order. For such
purpose, the issuing authority may issue bonds or renewal notes
in such principal amount and upon such terms as may be necessary
to provide funds to pay when required the principal of and
interest on such notes, notwithstanding any limitations
prescribed by or for purposes of this section. Subject to this
division, all provisions for and references to obligations in
this section are applicable to notes authorized under this
division. The issuing authority in the bond proceedings authorizing
the issuance of bond anticipation notes shall set forth for such
bonds an estimated interest rate and a schedule of principal
payments for such bonds and the annual maturity dates thereof. (N) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for life and domestic not for life, trustees or other officers
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this
state, the commissioners of the sinking fund of the state, the
administrator of workers' compensation in accordance with the investment
policy established by the workers' compensation oversight commission pursuant
to section 4121.12 of the Revised Code, the state teachers retirement
system, the public employees retirement system, the school
employees retirement system, and the Ohio police and
fire pension fund, notwithstanding any other
provisions
of the Revised Code or rules adopted pursuant thereto by any
agency of the state with respect to investments by
them, and are also acceptable as security for the deposit of
public moneys. (O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States, obligations guaranteed
as to principal and interest by the United States,
obligations of this state or
any political subdivision of this state, and certificates of deposit of
any national bank located in this state and any bank, as defined
in section 1101.01 of the Revised Code, subject to inspection by
the superintendent of financial institutions. If the law
or the instrument
creating a trust pursuant to division (J) of this section
expressly permits investment in direct obligations of the United
States or an agency of the United States, unless
expressly prohibited by the
instrument, such moneys also may be invested in no-front-end-load
money market mutual funds consisting exclusively of obligations
of the United States or an agency of the United
States and in repurchase
agreements, including those issued by the fiduciary itself,
secured by obligations of the United States or an agency of
the United States;
and in collective
investment funds as defined in division (A) of section
1111.01 of the Revised Code and consisting exclusively
of any
such securities.
The income from such investments shall be credited to such funds
as the issuing authority determines, and such investments may be
sold at such times as the issuing authority determines or
authorizes. (P) Provision may be made in the applicable bond
proceedings for the establishment of separate accounts in the
bond service fund and for the application of such accounts only
to the specified bond service charges on obligations pertinent to
such accounts and bond service fund and for other accounts
therein within the general purposes of such fund. Unless
otherwise provided in any applicable bond proceedings, moneys to
the credit of or in the several special funds established
pursuant to this section shall be disbursed on the order of the
treasurer of state, provided that no such order is required for
the payment from the bond service fund when due of bond service
charges on obligations. (Q)(1) The issuing authority may pledge
all, or such portion
as the issuing authority determines, of the pledged receipts to
the payment of bond service charges on obligations issued under
this section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions are controlling notwithstanding
any other provisions of law pertaining thereto. (2) An action taken under division
(Q)(2) of this section does not limit the
generality of division (Q)(1) of this section, and is subject to
division (C) of this section and, if and to the extent otherwise
applicable, Section 13 of Article VIII,
Ohio Constitution. The bond proceedings may contain a
covenant that, in the event the pledged
receipts primarily pledged and required to be used for the payment of bond
service charges on obligations issued under this section, and for the
establishment and maintenance of any reserves, as provided in the bond
proceedings, are insufficient to make any such payment in full when due, or to
maintain any such reserve, the director of transportation shall so notify the
governor, and shall determine to what extent, if any, the payment may be made
or moneys may be restored to the reserves from lawfully available moneys
previously appropriated for that purpose to the department of transportation.
The covenant also may
provide that if the payments are not made or the moneys are not immediately
and
fully restored to the reserves from such moneys, the director shall
promptly submit to the governor and to the director of budget and management a
written request for either or both of the following: (a) That the next biennial budget submitted by the governor to
the general assembly include an amount to be appropriated from lawfully
available
moneys to the department for the purpose of and sufficient for the payment in
full of bond service charges previously due and for the full
replenishment of the reserves; (b) That the general assembly be requested to increase
appropriations from lawfully available moneys for
the department in the current biennium sufficient for the purpose of and for
the payment in full of bond service charges previously due and to come due in
the biennium and for the full replenishment of the reserves. The director of transportation shall include with such requests a
recommendation that the
payment of the bond service charges and the replenishment of the reserves be
made in the interest of maximizing the benefits of the state infrastructure
bank. Any such covenant shall not obligate or purport to obligate the state
to
pay the bond service charges on such bonds or notes or to deposit moneys
in a reserve established for such payments other than from moneys that may be
lawfully available and appropriated for that purpose during the then-current
biennium. (R) There is hereby created the state infrastructure bank revenue
bond service fund, which shall be in the custody of the treasurer of
state but shall not be a part of the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable bond proceedings, consistent with this section, to be
deposited, transferred, or credited to the bond service fund, and all
other moneys transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any
separate accounts therein, subject to applicable provisions of
the bond proceedings, but without necessity for any act of
appropriation. The state infrastructure
bank
revenue bond service fund is a trust fund and is
hereby pledged to the payment of bond service charges to the
extent provided in the applicable bond proceedings, and payment
thereof from such fund shall be made or provided for by the
treasurer of state in accordance with such bond proceedings
without necessity for any act of appropriation. (S) The obligations issued pursuant to this section, the transfer
thereof, and the income therefrom, including any profit made on the sale
thereof, shall at all times be free from taxation within this state. Sec. 5531.11. Notwithstanding section 127.16 of the Revised Code, the director of transportation may enter into the following:
(A) Agreements with the United States or any department or agency thereof, as provided in the "Intergovernmental Cooperation Act of 1968," 82 Stat. 1098, 31 U.S.C. 6501-6508, as amended, and any other federal cooperation act. Such an agreement may include provisions for advance payment by the department of transportation for labor and all other identifiable costs of providing services by the United States or any department or agency thereof as may be estimated by the United States or any department or agency thereof.
(B) Project cooperation agreements with the United States department of the army for construction projects, as determined necessary by the director. Such an agreement may include provisions for advance payment by the department of transportation of the department of transportation's contribution or share of the total project costs and all other identifiable costs of the project as may be estimated by the United States department of the army.
Sec. 5537.17. (A) Each turnpike project open to traffic
shall be maintained and kept in good condition and repair by the
Ohio turnpike commission. The Ohio turnpike system shall be
policed and operated by a force of police, toll collectors, and
other employees and agents that the commission employs or
contracts for. (B) All public or private property damaged or destroyed in
carrying out the powers granted by this chapter shall be restored
or repaired and placed in its original condition, as nearly as
practicable, or adequate compensation or consideration made
therefor out of moneys provided under this chapter. (C) All governmental agencies may lease, lend, grant, or
convey to the commission at its request, upon terms that the
proper authorities of the governmental agencies consider
reasonable and fair and without the necessity for an
advertisement, order of court, or other action or formality,
other
than the regular and formal action of the authorities
concerned,
any property that is necessary or convenient to the
effectuation
of the purposes of the commission, including public
roads and
other property already devoted to public use. (D) Each bridge constituting part of a turnpike project
shall be inspected at least once each year by a professional
engineer employed or retained by the commission. (E) On or before the first day of April July in each year, the
commission shall make an annual report of its activities for the
preceding calendar year to the governor and the general assembly.
Each such report shall set forth a complete operating and
financial statement covering the commission's operations during
the year. The commission shall cause an audit of its books and
accounts to be made at least once each year by certified public
accountants, and the cost thereof may be treated as a part of the
cost of operations of the commission. The auditor of state, at
least once a year and without previous notice to the commission,
shall audit the accounts and transactions of the commission. (F) The commission shall submit a copy of its annual audit
by the auditor of state and its proposed annual budget for each
calendar or fiscal year to the governor, the presiding officers
of
each house of the general assembly, the director of budget and
management, and
the legislative budget office of the legislative
service commission no later than the first day of that calendar
or
fiscal year.
Sec. 5735.05. (A) To provide revenue for maintaining the
state highway system; to widen existing surfaces on such
highways; to resurface such highways; to pay that portion of the
construction cost of a highway project which a county, township,
or municipal corporation normally would be required to pay, but
which the director of transportation, pursuant to division (B) of
section 5531.08 of the Revised Code, determines instead will be
paid from moneys in the highway operating fund; to enable the
counties of the state properly to plan, maintain, and repair
their roads and to pay principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; to enable the municipal
corporations to plan, construct, reconstruct, repave, widen,
maintain, repair, clear, and clean public highways, roads, and
streets, and to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; to enable the Ohio
turnpike commission to construct, reconstruct, maintain, and
repair turnpike projects; to maintain and repair bridges and
viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay the costs apportioned to the public
under sections 4907.47 and 4907.471 of the Revised Code and to
supplement revenue already available for such purposes; to pay
the costs incurred by the public utilities commission in
administering sections 4907.47 to 4907.476 of the Revised Code;
to distribute equitably among those persons using the privilege
of driving motor vehicles upon such highways and streets the cost
of maintaining and repairing them; to pay the interest,
principal, and charges on highway capital improvements bonds and other
obligations issued
pursuant to Section 2m of Article VIII, Ohio Constitution,
and section 151.06 of the Revised Code; to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code; to provide
revenue for the purposes of sections 1547.71 to 1547.78 of the
Revised Code; and to pay the expenses of the department of taxation incident to the administration of the motor fuel laws, a motor fuel excise tax is hereby imposed on
all motor fuel dealers upon receipt of motor fuel within
this state at the rate of two cents plus
the cents per gallon rate on each gallon so received, to be computed in
the manner set forth in section 5735.06
of the Revised Code; provided that no tax is hereby imposed upon
the following transactions: (1) The sale of dyed diesel fuel
by a licensed motor fuel dealer from a location other than a
retail service station provided the licensed motor fuel dealer
places on the face of the delivery document or invoice, or both
if both are used, a conspicuous notice stating that the fuel is
dyed and is not for taxable use, and that taxable use of that
fuel is subject to a penalty. The tax commissioner, by rule,
may provide that any notice conforming to rules or regulations
issued by the United States department of the
treasury or the Internal Revenue Service is sufficient notice
for the purposes of division (A)(1) of this section. (2) The sale of K-1 kerosene to a retail service
station, except when placed directly in the fuel supply tank of a motor
vehicle. Such sale shall be rebuttably presumed to not be distributed or sold
for use or used to generate power for the operation of motor vehicles upon the
public highways or upon the waters within the boundaries of this
state. (3) The sale of motor fuel by a licensed motor
fuel dealer to another licensed motor fuel dealer; (4) The exportation of
motor
fuel by a licensed motor fuel dealer from
this state to any other state or foreign
country; (5) The sale of motor fuel to the United
States
government or any of its agencies, except such tax as is
permitted by it, where such sale is evidenced by an exemption
certificate, in a form approved by the tax commissioner, executed
by the United States government or an agency thereof certifying
that the motor fuel therein identified has been purchased
for the exclusive use of the United States government or its
agency; (6) The sale of motor fuel that is in the
process
of transportation in foreign or interstate commerce, except insofar as it may be taxable under the
Constitution and statutes of
the United States, and except as may be agreed upon in writing by
the dealer and the commissioner; (7) The sale of motor fuel when sold
exclusively
for use in the operation of aircraft, where such sale
is
evidenced by an exemption certificate prescribed by the
commissioner and executed by the purchaser certifying that the
motor fuel purchased has been purchased for exclusive use
in the operation of aircraft; (8) The sale for exportation of motor fuel by a licensed motor
fuel dealer to a licensed exporter type A; (9) The sale for exportation of motor fuel by a licensed motor fuel dealer
to a licensed exporter type B, provided that the destination state
motor fuel tax has been paid or will be accrued and paid by the licensed motor
fuel dealer. (10) The sale to a consumer of diesel fuel, by a motor fuel
dealer for delivery from a bulk lot vehicle, for consumption in operating a
vessel when the use of such fuel in a vessel would otherwise qualify for a
refund under section 5735.14 of the Revised Code. Division (A)(1) of this section does not apply to the
sale or distribution of dyed diesel fuel used to operate a motor
vehicle on the public highways or upon water within the
boundaries of this state by persons permitted under regulations
of the United States department of the treasury or
of the Internal Revenue Service to so use dyed diesel fuel. (B) The two cent motor fuel tax levied by this section
is also
for the purpose of paying the expenses of administering and
enforcing the state law relating to the registration and
operation of motor vehicles. (C) After the tax provided for by this section on the receipt of any motor
fuel has
been paid by
the motor fuel dealer, the motor fuel may thereafter be
used, sold,
or resold by any person having lawful title to it, without
incurring liability for such tax. If a licensed motor fuel dealer sells motor fuel
received by
the licensed
motor fuel dealer to another
licensed motor fuel dealer, the seller may deduct on the report
required by
section 5735.06 of the Revised Code the number of gallons so sold
for the month within which the motor fuel was sold or
delivered. In this event the number of gallons is deemed to have
been received by the purchaser, who shall report and pay the tax
imposed thereon.
Sec. 5735.23. (A) Out of receipts from the tax levied by
section 5735.05 of the Revised Code, the treasurer of state shall
place to the credit of the tax refund fund established by section
5703.052 of the Revised Code amounts equal to the refunds
certified by the tax commissioner pursuant to sections 5735.13,
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised
Code. The treasurer of state shall then transfer the amount
required by section
5735.051 of the Revised Code to the waterways safety fund, the
amount required by section 4907.472 of the Revised Code to the
grade crossing protection fund, and the amount required by section 5735.053 of the Revised Code to the motor fuel tax administration fund. (B) Except as provided in division (D) of this
section, each month the balance of the receipts from the tax
levied by section 5735.05 of the Revised Code shall be credited,
after receipt by the treasurer of state of
certification from
the commissioners of the sinking fund, as required by
section 5528.35 of the Revised Code,
that
there are sufficient moneys to the credit of the highway
obligations bond retirement fund to meet in full all payments of
interest, principal, and charges for the retirement of highway
obligations issued pursuant to Section 2i of Article VIII, Ohio
Constitution, and sections 5528.30 and 5528.31 of the Revised
Code due and payable during the current calendar year, as
follows: (1) To the state and local government highway distribution
fund, which is hereby created in the state treasury, an amount
that is the same percentage of the balance to be credited as that
portion of the tax per gallon determined under division (B)(2)(a)
of section 5735.06 of the Revised Code is of the total tax per
gallon determined under divisions (B)(2)(a) and (b) of that
section. (2) After making the distribution to the state and local
government highway distribution fund, the remainder shall be
credited as follows: (a) Thirty per cent to the gasoline excise tax fund for
distribution pursuant to division (A)(1) of section 5735.27 of
the Revised Code; (b) Twenty-five per cent to the gasoline excise tax fund
for distribution pursuant to division (A)(3) of section 5735.27
of the Revised Code; (c) Except as provided in division (D) of this
section, forty-five per cent to the highway operating fund for
distribution pursuant to division (B)(1) of section 5735.27 of
the Revised Code. (C) From the balance in the state and local government
highway distribution fund on the last day of each month there
shall be paid the following amounts: (1) To the local transportation improvement program fund
created by section 164.14 of the Revised Code, an amount equal to
a fraction of the balance in the state and local government
highway distribution fund, the numerator of which fraction is one
and the denominator of which fraction is that portion of the tax
per gallon determined under division (B)(2)(a) of section 5735.06
of the Revised Code; (2) An amount equal to five cents multiplied by the number
of gallons of motor fuel sold at stations operated by the
Ohio turnpike commission, such gallonage to be certified by the
commission to the treasurer of state not later than the last day
of the month following. The funds paid to the commission
pursuant to this section shall be expended for the construction,
reconstruction, maintenance, and repair of turnpike projects,
except that the funds may not be expended for the construction of
new interchanges. The funds also may be expended for the
construction, reconstruction, maintenance, and repair of those
portions of connecting public roads that serve existing
interchanges and are determined by the commission and the
director of transportation to be necessary for the safe merging
of traffic between the turnpike and those public roads. The remainder of the balance shall be distributed as
follows on the fifteenth day of the following month: (a) Ten and seven-tenths per cent shall be paid to
municipal corporations for distribution pursuant to division
(A)(1) of section 5735.27 of the Revised Code and may be used for
any purpose for which payments received under that division may
be used. Beginning August 15, 2004 Through July 15, 2005, the sum of two hundred forty-eight thousand six hundred twenty-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. Beginning August 15, 2005, the sum of seven hundred forty-five thousand eight hundred seventy-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. (b) Five per cent shall be paid to townships for
distribution pursuant to division (A)(5) of section 5735.27 of
the Revised Code and may be used for any purpose for which
payments received under that division may be used. Beginning August 15, 2004 Through July 15, 2005, the sum of eighty-seven thousand seven hundred fifty dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. Beginning August 15, 2005, the sum of two hundred sixty-three thousand two hundred fifty dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. (c) Nine and three-tenths per cent shall be paid to
counties for distribution pursuant to division (A)(3) of section
5735.27 of the Revised Code and may be used for any purpose for
which payments received under that division may be used. Beginning August 15, 2004 Through July 15, 2005, the sum of two hundred forty-eight thousand six hundred twenty-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. Beginning August 15, 2005, the sum of seven hundred forty-five thousand eight hundred seventy-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. (d) Except as provided in division (D) of this
section, the balance shall be transferred to the highway
operating fund and used for the purposes set forth in division
(B)(1) of section 5735.27 of the Revised Code. (D) Beginning on the first day of Monthly from September to February of each fiscal year, any an amount equal to one-sixth of the amount certified in July of that year by the treasurer of state pursuant to division (Q) of section 151.01 of the Revised Code shall, from amounts
required to be
credited or
transferred to the highway operating fund pursuant to division
(B)(2)(c) or (C)(2)(d) of this
section shall, be credited or transferred to the highway capital
improvement
bond service fund created in section 151.06 of the
Revised Code. If, in any of those months, the amount available to be credited or transferred to the bond service fund is less than one-sixth of the amount so certified, the shortfall shall be added to the amount due the next succeeding month. Any amount still due at the end of the six-month period shall be credited or transferred as the money becomes available, until such time as the office of budget and management
receives certification from the treasurer of state or the treasurer of state's
designee that sufficient money has been credited
or transferred to the bond service fund to meet in full all
payments of debt service and financing costs due during the fiscal
year from that fund.
Sec. 5735.25. To provide revenue for supplying the state's
share of the cost of planning, constructing, widening, and
reconstructing the state highways; for supplying the state's
share of the cost of eliminating railway grade crossings upon
such highways; to pay that portion of the construction cost of a
highway project which a county, township, or municipal
corporation normally would be required to pay, but which the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund; to enable the counties and
townships of the state to properly plan, construct, widen,
reconstruct, and maintain their public highways, roads, and
streets; to enable counties to pay principal, interest, and
charges on bonds and other obligations issued pursuant to Chapter
133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; to enable
municipal corporations to plan, construct, reconstruct, repave,
widen, maintain, repair, clear, and clean public highways, roads,
and streets; to enable municipal corporations to pay the
principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for highway
improvements; to maintain and repair bridges and viaducts; to
purchase, erect, and maintain street and traffic signs and
markers; to purchase, erect, and maintain traffic lights and
signals; to pay the costs apportioned to the public under section
4907.47 of the Revised Code; to provide revenue for the purposes
of sections 1547.71 to 1547.78 of the Revised Code and to
supplement revenue already available for such purposes; to pay
the expenses of the department of taxation incident to the
administration of the motor fuel laws, to supplement
revenue already available for such purposes, to pay the interest,
principal, and charges on bonds and other obligations issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code; and to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code, a motor
fuel excise tax is hereby imposed on all
motor fuel dealers upon their receipt of motor fuel
within this state, at the rate of two cents per gallon on each gallon so
received. This tax is subject to the
specific
exemptions set forth in this chapter of the
Revised Code. It shall be reported, computed, paid, collected,
administered, enforced, and refunded, and the failure properly
and correctly to report and pay the tax shall be penalized, in
exactly the same manner as is provided in this chapter.
Such
sections relating to motor fuel excise taxes are
reenacted and incorporated as if specifically set forth in this
section. The tax levied by this section shall be in addition to
the tax imposed under this chapter.
Sec. 5735.27. (A) There is hereby created in the state
treasury the gasoline excise tax fund, which shall be distributed
in the following manner: (1) The amount credited pursuant to divisions (B)(2)(a)
and (C)(2)(a) of section 5735.23 of the Revised Code shall be
distributed among municipal corporations. The amount paid to
each municipal corporation shall be that proportion of the amount
to be so distributed that the number of motor vehicles registered
within such municipal corporation bears to the total number of
motor vehicles registered within all the municipal corporations
of this state during the preceding motor vehicle registration
year. When a new village is incorporated, the registrar of motor
vehicles shall determine from the applications on file in the
bureau of motor vehicles the number of motor vehicles located
within the territory comprising the village during the entire
registration year in which such municipal corporation was
incorporated. The registrar shall forthwith certify the number
of motor vehicles so determined to the tax commissioner for use
in distributing motor vehicle fuel tax funds to such village
until such village is qualified to participate in the
distribution of such funds pursuant to this division. The number
of such motor vehicle registrations shall be determined by the
official records of the bureau of motor vehicles. The amount
received by each municipal corporation shall be used to plan,
construct, reconstruct, repave, widen, maintain, repair, clear,
and clean public highways, roads, and streets; to maintain and
repair bridges and viaducts; to purchase, erect, and maintain
street and traffic signs and markers; to pay the costs
apportioned to the municipal corporation under section 4907.47 of
the Revised Code; to purchase, erect, and maintain traffic lights
and signals; to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code or incurred pursuant to section 5531.09 of the Revised Code for the purpose of acquiring or constructing roads,
highways, bridges, or viaducts or acquiring or making other
highway improvements for which the municipal corporation may
issue bonds; and to supplement revenue already available for such
purposes. (2) The amount credited pursuant to division (B) of
section 5735.26 of the Revised Code shall be distributed among
the municipal corporations within the state, in the proportion
which the number of motor vehicles registered within each
municipal corporation bears to the total number of motor vehicles
registered within all the municipal corporations of the state
during the preceding calendar year, as shown by the official
records of the bureau of motor vehicles, and shall be expended by
each municipal corporation to plan, construct, reconstruct,
repave, widen, maintain, repair, clear, and clean public
highways, roads and streets; to maintain and repair bridges and
viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay costs apportioned to the municipal
corporation under section 4907.47 of the Revised Code; to pay the
principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for the
purpose of acquiring or constructing roads, highways, bridges, or
viaducts or acquiring or making other highway improvements for
which the municipal corporation may issue bonds; and to
supplement revenue already available for such purposes. (3) The amount credited pursuant to divisions (B)(2)(b)
and (C)(2)(c) of section 5735.23 of the Revised Code shall be
paid in equal proportions to the county treasurer of each county
within the state and shall be used only for the purposes of
planning, maintaining, and repairing the county system of public
roads and highways within such county; the planning,
construction, and repair of walks or paths along county roads in
congested areas; the planning, construction, purchase, lease,
and maintenance of
suitable buildings for the housing and repair of county road
machinery, housing of supplies, and housing of personnel associated
with the machinery and supplies; the
payment of costs apportioned to the county under section 4907.47
of the Revised Code; the payment of principal, interest, and
charges on bonds and other obligations issued pursuant to Chapter
133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts or acquiring
or making other highway improvements for which the board of
county commissioners may issue bonds under that chapter; and the
purchase, installation, and maintenance of traffic signal lights. (4) The amount credited pursuant to division (C) of
section 5735.26 of the Revised Code shall be paid in equal
proportions to the county treasurer of each county for the
purposes of planning, maintaining, constructing, widening, and
reconstructing the county system of public roads and highways;
paying principal, interest, and charges on bonds and other
obligations issued pursuant to Chapter 133. of the Revised Code
or incurred pursuant to section 5531.09 of the Revised Code for the purpose of acquiring or constructing roads, highways,
bridges, or viaducts or acquiring or making other highway
improvements for which the board of county commissioners may
issue bonds under such chapter; and paying costs apportioned to
the county under section 4907.47 of the Revised Code. (5)(a) The amount credited pursuant to division (D) of
section 5735.26 and division (C)(2)(b) of section 5735.23 of the
Revised Code shall be divided in equal proportions among the
townships within the state. (b) As used in division (A)(5)(b) of this section, the "formula amount" for any township is the amount that would be allocated to that township if fifty per cent of the amount credited to townships pursuant to section 5735.291 of the Revised Code were allocated among townships in the state proportionate to the number of lane miles within the boundaries of the respective townships, as determined annually by the department of transportation, and the other fifty per cent of the amount credited pursuant to section 5735.291 of the Revised Code were allocated among townships in the state proportionate to the number of motor vehicles registered within the respective townships, as determined annually by the records of the bureau of motor vehicles.
Beginning on August 15, 2003, the tax levied by section 5735.29 of the Revised Code shall be partially allocated to provide funding for townships. Each township shall receive the greater of the following two calculations:
(i) The total statewide amount credited to townships under division (A) of section 5735.291 of the Revised Code divided by the number of townships in the state at the time of the calculation;
(ii) Seventy per cent of the formula amount for that township.
(c) The total difference between the amount of money credited to townships under division (A) of section 5735.291 of the Revised Code and the total amount of money required to make all the payments specified in division (A)(5)(b) of this section shall be deducted, in accordance with division (B) of section 5735.291 of the Revised Code, from the revenues resulting from the tax levied pursuant to section 5735.29 of the Revised Code prior to crediting portions of such revenues to counties, municipal corporations, and the highway operating fund. (d) All amounts credited pursuant to divisions (a) and (b) of this section shall be paid to the county
treasurer of each county for the total amount payable to the
townships within each of the counties. The county treasurer
shall pay to each township within the county its
proportional share of the funds, which shall be expended by each
township for the sole purpose of planning, constructing,
maintaining, widening, and reconstructing the public roads and
highways within such township, and paying costs apportioned to
the township under section 4907.47 of the Revised Code. No part of the funds shall be used for any purpose except
to pay in whole or part the contract price of any such work done
by contract, or to pay the cost of labor in planning,
constructing, widening, and reconstructing such roads and
highways, and the cost of materials forming a part of the
improvement; provided, that such funds may be used for the
purchase of road machinery and equipment and for the planning,
construction, and maintenance of suitable buildings for housing
road machinery and equipment, and that all such improvement of
roads shall be under supervision and direction of the county
engineer as provided in section 5575.07 of the Revised Code. No
obligation against such funds shall be incurred unless plans and
specifications for such improvement, approved by the county
engineer, are on file in the office of the township clerk, and
all contracts for material and for work done by contract shall be
approved by the county engineer before being signed by the board
of township trustees. The board of township trustees of any
township may pass a resolution permitting the board of county
commissioners to expend such township's share of the funds, or
any portion thereof, for the improvement of such roads within the
township as may be designated in the resolution. All investment earnings of the fund shall be credited to
the fund. (B) Amounts credited to the highway operating fund
pursuant to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23
and division (A) of section 5735.26 of the Revised Code shall be
expended in the following manner: (1) The amount credited pursuant to divisions (B)(2)(c)
and (C)(2)(d) of section 5735.23 of the Revised Code shall be
apportioned to and expended by the department of transportation
for the purposes of planning, maintaining, repairing, and keeping
in passable condition for travel the roads and highways of the
state required by law to be maintained by the department; paying
the costs apportioned to the state under section 4907.47 of the
Revised Code; paying that portion of the construction cost of a
highway project which a county, township, or municipal
corporation normally would be required to pay, but which the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund; and paying the costs of the
department of public safety in administering and enforcing the
state law relating to the registration and operation of motor
vehicles. (2) The amount credited pursuant to division (A) of
section 5735.26 of the Revised Code shall be used for paying the
state's share of the cost of planning, constructing, widening,
maintaining, and reconstructing the state highways; paying that
portion of the construction cost of a highway project which a
county, township, or municipal corporation normally would be
required to pay, but which the director of transportation,
pursuant to division (B) of section 5531.08 of the Revised Code,
determines instead will be paid from moneys in the highway
operating fund; and also for supplying the state's share of the
cost of eliminating railway grade crossings upon such highways
and costs apportioned to the state under section 4907.47 of the
Revised Code. The director of transportation may expend portions
of such amount upon extensions of state highways within municipal
corporations or upon portions of state highways within municipal
corporations, as is provided by law.
Sec. 5735.28. Wherever a municipal corporation is on the line of the state
highway system as designated by the director of transportation as an extension
or continuance of the state highway system, seven and one-half per cent of the
amount paid to any municipal corporation pursuant to sections 4501.04,
5735.23,
and 5735.27 of the Revised Code shall be used by it only to construct,
reconstruct, repave, widen, maintain, and repair such highways, to purchase,
erect, and maintain traffic lights and signals, and to erect and maintain
street and traffic signs and markers on such highways, or to pay principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for such purposes.
Sec. 5735.29. To provide revenue for supplying the state's
share of the cost of constructing, widening, maintaining, and
reconstructing the state highways; to maintain and repair bridges
and viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay the expense of administering and
enforcing the state law relative to the registration and
operation of motor vehicles; to make road improvements associated with
retaining
or attracting business for this state, to pay that portion of the construction
cost of a highway project which a county, township, or municipal
corporation normally would be required to pay, but which the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund; to provide revenue for the
purposes of sections 1547.71 to 1547.78 of the Revised Code; and
to supplement revenue already available for such purposes, to pay
the expenses of the department of taxation incident to the
administration of the motor fuel laws, to supplement
revenue already available for such purposes; and to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code; to enable the counties and townships of the state to properly plan, construct, widen, reconstruct, and maintain their public highways, roads, and streets; to enable counties to pay principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; to enable municipal corporations to plan, construct, reconstruct, repave, widen, maintain, repair, clear, and clean public highways, roads, and streets; to enable municipal corporations to pay the principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; and to pay the costs apportioned to the public under section 4907.47 of the Revised Code, a motor fuel
excise tax
is hereby imposed on all motor fuel dealers upon their receipt of
motor fuel within the state at the rate of two cents on each gallon
so received; provided, that effective July 1, 2003, the motor fuel excise tax imposed by this section shall be at the rate of four cents on each gallon so received; effective July 1, 2004, the motor fuel excise tax imposed by this section shall be at the rate of six cents on each gallon so received; and, subject to section 5735.292 of the Revised Code, effective July 1, 2005, the motor fuel excise tax imposed by this section shall be at the rate of eight cents on each gallon so received. This tax is subject to the specific
exemptions set forth in this chapter of the
Revised Code. It shall be reported, computed, paid, collected,
administered, enforced, and refunded, and the failure properly
and correctly to report and pay the tax shall be penalized, in
exactly the same manner as is provided in this chapter.
Such sections relating to motor fuel excise taxes are
reenacted and incorporated as if specifically set forth in this
section. The tax levied by this section is in addition to any
other taxes imposed under this chapter.
No municipal corporation, county, or township shall expend any revenues received from the tax levied by this section for any purpose other than one of the specific highway-related purposes stated in this section. In addition, each municipal corporation, county, or township shall use at least ninety per cent of all revenues received from the tax levied by this section to supplement, rather than supplant, other local funds used for highway-related purposes.
Section 101.02. That existing sections 109.572, 4501.04, 4501.26, 4503.02, 4503.26, 4503.40, 4503.42, 4508.06, 4509.27, 4511.191, 4513.263, 4749.03, 4749.06, 4749.10, 4765.07, 4765.11, 5503.04, 5513.04, 5525.01, 5525.10, 5525.15, 5531.09, 5531.10, 5537.17, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and 5735.29 of the Revised Code
are hereby repealed.
Section 105.01. That sections 4501.12 and 4501.35 of the Revised Code are hereby repealed. Section 200.01. Except as otherwise provided, all appropriation
items in this act are hereby appropriated out of any
moneys in
the state treasury to the credit of the designated
fund, which are
not otherwise appropriated. For all
appropriations made in this
act, the amounts in the first
column are for fiscal year 2006 and
the amounts in the second
column are for fiscal year 2007.
Section 203.03. DOT DEPARTMENT OF TRANSPORTATION
FUND |
|
|
TITLE |
|
|
FY 2006 |
|
|
FY 2007 |
Transportation Planning and ResearchHighway Operating Fund Group
002 |
771-411 |
|
Planning and Research - State |
|
$ |
19,000,000 |
|
$ |
19,112,000 |
002 |
771-412 |
|
Planning and Research - Federal |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
59,000,000 |
|
$ |
59,112,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Transportation Planning |
|
|
|
|
|
|
and Research |
|
$ |
59,000,000 |
|
$ |
59,112,000 |
Highway ConstructionHighway Operating Fund Group
002 |
772-421 |
|
Highway Construction - State |
|
$ |
591,240,305 |
|
$ |
584,969,730 |
002 |
772-422 |
|
Highway Construction - Federal |
|
$ |
1,021,500,000 |
|
$ |
1,131,500,000 |
002 |
772-424 |
|
Highway Construction - Other |
|
$ |
62,500,000 |
|
$ |
53,500,000 |
214 |
770-401 |
|
Infrastructure Debt Service - Federal |
|
$ |
80,182,400 |
|
$ |
105,129,400 |
214 |
772-434 |
|
Infrastructure Lease Payments - Federal |
|
$ |
12,537,100 |
|
$ |
12,536,000 |
212 |
772-426 |
|
Highway Infrastructure Bank - Federal |
|
$ |
1,500,000 |
|
$ |
2,000,000 |
212 |
772-427 |
|
Highway Infrastructure Bank - State |
|
$ |
9,353,400 |
|
$ |
12,853,400 |
212 |
772-429 |
|
Highway Infrastructure Bank - Local |
|
$ |
12,500,000 |
|
$ |
12,500,000 |
212 |
772-430 |
|
Infrastructure Debt Reserve Title 23-49 |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
213 |
772-432 |
|
Roadway Infrastructure Bank - Local |
|
$ |
7,000,000 |
|
$ |
7,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
1,799,813,205 |
|
$ |
1,923,488,530 |
Highway Capital Improvement Fund Group
042 |
772-723 |
|
Highway Construction - Bonds |
|
$ |
220,000,000 |
|
$ |
150,000,000 |
Infrastructure Bank Obligations Fund Group
045 |
772-428 |
|
Highway Infrastructure Bank - Bonds |
|
$ |
180,000,000 |
|
$ |
160,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
180,000,000 |
|
$ |
160,000,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Construction |
|
$ |
2,199,813,205 |
|
$ |
2,233,488,530 |
Highway MaintenanceHighway Operating Fund Group
002 |
773-431 |
|
Highway Maintenance - State |
|
$ |
386,527,582 |
|
$ |
393,313,472 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
386,527,582 |
|
$ |
393,313,472 |
|
|
|
|
|
|
|
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Maintenance |
|
$ |
386,527,582 |
|
$ |
393,313,472 |
Public TransportationHighway Operating Fund Group
002 |
775-452 |
|
Public Transportation - Federal |
|
$ |
30,000,000 |
|
$ |
30,365,000 |
002 |
775-454 |
|
Public Transportation - Other |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
002 |
775-459 |
|
Elderly and Disabled Special Equipment - Federal |
|
$ |
4,595,000 |
|
$ |
4,595,000 |
212 |
775-408 |
|
Transit Infrastructure Bank - Local |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
213 |
775-460 |
|
Transit Infrastructure Bank - Local |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
39,595,000 |
|
$ |
39,960,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Public Transportation |
|
$ |
39,595,000 |
|
$ |
39,960,000 |
Rail TransportationHighway Operating Fund Group
002 |
776-462 |
|
Grade Crossings - Federal |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Rail Transportation |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
AviationHighway Operating Fund Group
002 |
777-472 |
|
Airport Improvements - Federal |
|
$ |
405,000 |
|
$ |
405,000 |
002 |
777-475 |
|
Aviation Administration |
|
$ |
4,007,600 |
|
$ |
4,046,900 |
213 |
777-477 |
|
Aviation Infrastructure Bank - State |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
213 |
777-478 |
|
Aviation Infrastructure Bank - Local |
|
$ |
7,000,000 |
|
$ |
7,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
14,412,600 |
|
$ |
14,451,900 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Aviation |
|
$ |
14,412,600 |
|
$ |
14,451,900 |
AdministrationHighway Operating Fund Group
002 |
779-491 |
|
Administration - State |
|
$ |
119,624,513 |
|
$ |
121,057,898 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
119,624,513 |
|
$ |
121,057,898 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
119,624,513 |
|
$ |
121,057,898 |
Debt ServiceHighway Operating Fund Group
002 |
770-003 |
|
Administration - State - Debt Service
|
|
$ |
13,074,500 |
|
$ |
10,923,100 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
13,074,500 |
|
$ |
10,923,100 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
13,074,500 |
|
$ |
10,923,100 |
TOTAL Department of Transportation
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
2,447,047,400 |
|
$ |
2,577,306,900 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
220,000,000 |
|
$ |
150,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
180,000,000 |
|
$ |
160,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,847,047,400 |
|
$ |
2,887,306,900 |
Section 203.03.03. ISSUANCE OF BONDS The Treasurer of State, upon the request of the Director of
Transportation, is authorized to issue and sell, in accordance
with
Section 2m of Article VIII, Ohio Constitution, and Chapter
151. and particularly sections 151.01 and 151.06 of the Revised
Code, obligations, including bonds and
notes, of the State of Ohio
in the aggregate amount of $360,000,000
in addition to the
original issuance of obligations
heretofore
authorized by prior
acts of the General Assembly. The obligations shall be dated, issued, and sold from time to
time in such
amounts as may be necessary to provide sufficient
moneys to the credit of the
Highway Capital Improvement Fund (Fund
042) created by section
5528.53 of the
Revised Code to pay costs
charged to the fund when due as estimated by the
Director of
Transportation, provided, however, that such obligations shall be
issued and sold at such time or times so that not more than
$220,000,000
original principal amount of obligations, plus the
principal amount of
obligations that in prior fiscal years could
have been, but were not, issued
within the $220,000,000 limit, may
be issued in any fiscal year, and not more
than $1,200,000,000
original principal amount of such obligations are outstanding at
any one time.
Section 203.03.04. MAINTENANCE INTERSTATE HIGHWAYS
The Director of Transportation may remove snow and ice and maintain, repair, improve, or provide lighting upon interstate highways that are located within the boundaries of municipal corporations, adequate to meet the requirements of federal law. When agreed in writing by the Director of Transportation and the legislative authority of a municipal corporation and notwithstanding sections 125.01 and 125.11 of the Revised Code, the Department of Transportation may reimburse the municipal corporation for all or any part of the costs, as provided by such agreement, incurred by the municipal corporation in maintaining, repairing, lighting, and removing snow and ice from the interstate system.
Section 203.03.06. TRANSFER OF FUND 002 APPROPRIATIONS: PLANNING
AND
RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL, AVIATION,
AND
ADMINISTRATION The Director of Budget and Management may approve requests
from
the Department of Transportation for transfer of Fund 002
appropriations for highway planning and research (appropriation
items
771-411 and 771-412), highway construction (appropriation
items 772-421,
772-422, and 772-424), highway maintenance
(appropriation item 773-431), rail grade crossings (appropriation item 776-462), aviation (appropriation item
777-475), and administration (appropriation item 779-491).
Transfers of appropriations
may be made upon the
written request
of the Director of Transportation and with the
approval of the
Director of Budget and Management. The
transfers shall be
reported to the Controlling Board at the next
regularly scheduled
meeting of the board.
This transfer authority is intended to provide for emergency
situations and flexibility to meet unforeseen conditions that
could arise during the budget period. It also is intended to
allow the
department to optimize the use of available resources
and adjust
to circumstances affecting the obligation and
expenditure of
federal funds. TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL
TRANSIT The Director of Budget and Management may approve written requests
from the Director of Transportation for the transfer of
appropriations between appropriation items 772-422, Highway
Construction - Federal, and 775-452, Public Transportation -
Federal, based upon transit capital projects meeting Federal
Highway Administration and Federal Transit Administration funding
guidelines. The transfers shall be reported to the Controlling Board at its next regularly scheduled meeting. TRANSFER OF APPROPRIATIONS: STATE INFRASTRUCTURE BANK The Director of Budget and Management may approve requests
from the Department
of Transportation for transfer of
appropriations and
cash of the
Infrastructure Bank funds created
in section 5531.09 of the Revised Code,
including transfers
between fiscal years 2006 and 2007. The transfers shall
be
reported to the Controlling Board at its next regularly scheduled
meeting. However, the director may not make transfers out of debt
service and lease payment appropriation items unless the director
determines
that the appropriated amounts exceed the actual and
projected debt, rental, or
lease payments.
Should the appropriation and any reappropriations from prior years in appropriation item 770-401, Infrastructure Debt Service - Federal, and appropriation item 772-434, Infrastructure Lease Payments - Federal, exceed the actual and projected debt, rental, or lease payments for fiscal year 2006 or 2007, then prior to June 30, 2007, the balance may be transferred to appropriation item 772-422 upon the written request of the Director of Transportation and with the approval of the Director of Budget and Management. The transfer shall be reported to the Controlling Board at its next regularly scheduled meeting. The Director of Budget and Management may approve requests
from the Department
of Transportation for transfer of
appropriations and
cash from the Highway Operating Fund (Fund 002)
to the Infrastructure Bank funds
created in section 5531.09 of the
Revised Code.
The Director of Budget and Management may
transfer
from the Infrastructure Bank funds to the
Highway Operating Fund
up to the amounts originally
transferred to the Infrastructure
Bank funds under this
section. However, the director may not make transfers
between modes and
transfers
between different funding
sources. The transfers shall be
reported
to the Controlling Board at its next regularly scheduled meeting. INCREASE APPROPRIATION AUTHORITY: STATE FUNDS In the event that receipts or unexpended balances credited to
the Highway Operating Fund exceed the estimates upon which the
appropriations have been made in
this act, upon the request of
the
Director of
Transportation, the Controlling Board may
increase
appropriation
authority in the manner
prescribed in
section 131.35
of the
Revised Code. INCREASE APPROPRIATION AUTHORITY: FEDERAL AND LOCAL FUNDS In the event that receipts or unexpended balances credited to
the Highway Operating Fund or apportionments or allocations made
available from the federal and local government exceed the
estimates
upon which the appropriations have been made in
this act, upon the request of
the
Director of Transportation, the
Controlling Board may increase
appropriation authority in the
manner prescribed in section 131.35
of the Revised Code. All appropriations of the Highway Operating Fund (Fund 002),
the Highway
Capital Improvement Fund (Fund 042), and the
Infrastructure
Bank funds created in section 5531.09 of the
Revised Code remaining
unencumbered on June 30, 2005, are hereby reappropriated for the same purpose in
fiscal year 2006. All appropriations of the Highway Operating Fund (Fund 002), the Highway
Capital Improvement Fund (Fund 042), and the
Infrastructure
Bank funds created in section 5531.09 of the
Revised Code
remaining unencumbered on
June 30, 2006, are hereby
reappropriated for the same purpose in fiscal
year 2007.
Any balances of prior years' appropriations to the Highway Operating Fund (Fund 002), the Highway Capital Improvement Fund (Fund 042), and the Infrastructure Bank funds created in section 5531.09 of the Revised Code that are unencumbered on June 30, 2005, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2006 upon the request of the Director of Transportation and with the approval of the Director of Budget and Management. The reappropriations shall be reported to the Controlling Board.
Any balances of prior years' appropriations to the Highway Operating Fund (Fund 002), the Highway Capital Improvement Fund (Fund 042), and the Infrastructure Bank funds created in section 5531.09 of the Revised Code that are unencumbered on June 30, 2006, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2007 upon the request of the Director of Transportation and with the approval of the Director of Budget and Management. The reappropriations shall be reported to the Controlling Board. Section 203.03.09. PUBLIC ACCESS ROADS FOR STATE FACILITIES Of the foregoing appropriation item 772-421, Highway
Construction
- State, $4,517,500 shall be used each fiscal year
during the fiscal year
2006-2007 biennium by the Department of Transportation
for the
construction, reconstruction, or maintenance of public
access
roads, including support features, to and within state
facilities owned
or operated by the Department of Natural
Resources, as requested by
the Director of Natural Resources. Notwithstanding section 5511.06 of the Revised Code, of the
foregoing appropriation item 772-421, Highway Construction -
State, $2,228,000 in each fiscal year of the fiscal year 2006-2007 biennium
shall be used by the Department of Transportation for the
construction,
reconstruction, or maintenance of park drives or
park roads
within the boundaries of metropolitan parks. Included in the foregoing appropriation item 772-421, Highway
Construction - State, the department may perform
related
road work
on behalf of the Ohio Expositions Commission at the
state
fairgrounds, including reconstruction or maintenance of
public
access roads and support features, to and within fairground
facilities as requested by the commission and approved by the
Director of Transportation. LIQUIDATION OF UNFORESEEN LIABILITIES Any appropriation made to the Department of Transportation,
Highway Operating Fund, not otherwise restricted by law, is
available
to liquidate unforeseen liabilities arising from
contractual
agreements of prior years when the prior year
encumbrance is
insufficient. Section 203.03.12. RENTAL PAYMENTS - OBA The foregoing appropriation item 770-003, Administration -
State
- Debt Service, shall be used to pay rent to the Ohio
Building
Authority for various
capital facilities to be
constructed, reconstructed, or
rehabilitated
for the use of the
Department of Transportation, including the
department's plant and
facilities at its central office, field
districts, and county and
outpost locations. The rental payments
shall be made from
revenues received from the motor vehicle fuel
tax. The amounts of
any bonds and notes to finance such capital
facilities shall be at
the request of the Director of
Transportation. Notwithstanding
section 152.24 of the Revised
Code, the Ohio Building Authority
may, with approval of the
Office of Budget and Management, lease
capital facilities to the
Department of Transportation. The Director of Transportation shall hold title to any land
purchased and any resulting structures that are attributable to
appropriation item 770-003. Notwithstanding section 152.18 of the
Revised
Code, the Director of Transportation shall administer any
purchase of
land and any contract for construction,
reconstruction, and
rehabilitation of facilities as a result of
this appropriation. Should the appropriation and any reappropriations from prior
years in appropriation item 770-003 exceed the rental payments for
fiscal year
2006 or 2007, then prior to June 30, 2007, the balance
may be
transferred to appropriation item 772-421, 773-431, or
779-491 upon the written request of
the Director of Transportation and with
the approval of the
Director of Budget and Management. The transfer
shall be reported to
the Controlling Board at its next regularly
scheduled meeting. Section 203.03.15. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS The Director of Transportation may use revenues from the
state
motor
vehicle fuel tax to match approved federal grants
awarded to the
Department of
Transportation, regional transit
authorities, or eligible public
transportation
systems, for public
transportation highway purposes, or to
support local or
state
funded projects for public transportation highway purposes.
Public
transportation highway purposes include: the construction
or
repair of high-occupancy vehicle traffic lanes, the acquisition
or
construction of
park-and-ride facilities, the acquisition or
construction of
public
transportation vehicle loops, the
construction or repair of
bridges used by
public transportation
vehicles or that are the responsibility of
a regional
transit
authority or other public transportation system, or other
similar
construction that is designated as an eligible public
transportation highway
purpose. Motor vehicle fuel tax revenues
may not be used for operating
assistance or for the purchase of
vehicles, equipment, or maintenance
facilities. Section 203.06. DHS DEPARTMENT OF PUBLIC SAFETY Highway Safety Information and EducationState Highway Safety Fund Group
036 |
761-321 |
|
Operating Expense - Information and Education |
|
$ |
4,136,747 |
|
$ |
4,307,198 |
036 |
761-402 |
|
Traffic Safety Match |
|
$ |
277,137 |
|
$ |
277,137 |
831 |
761-610 |
|
Information and Education - Federal |
|
$ |
468,982 |
|
$ |
468,982 |
832 |
761-612 |
|
Traffic Safety-Federal |
|
$ |
16,577,565 |
|
$ |
16,577,565 |
846 |
761-625 |
|
Motorcycle Safety Education |
|
$ |
2,299,204 |
|
$ |
2,391,172 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
23,759,635 |
|
$ |
24,022,054 |
Agency Fund Group |
|
|
|
|
|
|
5J9 |
761-678 |
|
Federal Salvage/GSA |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL AGY Agency |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Safety Information |
|
|
|
|
|
|
and Education |
|
$ |
23,859,635 |
|
$ |
24,122,054 |
FEDERAL HIGHWAY SAFETY PROGRAM MATCH The foregoing appropriation item 761-402, Traffic Safety
Match,
shall be used to provide the nonfederal portion of the
federal
Highway Safety Program. Upon request by the Director of
Public
Safety and approval by the Director of Budget and
Management,
appropriation item 761-402 shall be used to transfer
cash from
the Highway Safety Fund to the Traffic Safety
- Federal
Fund
(Fund 832) at the beginning of each fiscal year on
an
intrastate
transfer voucher. FILM PRODUCTION REIMBURSEMENT FUND
On July 1, 2005, or as soon as possible thereafter, the Director of Budget and Management shall transfer the cash balance in the Film Production Reimbursement Fund (Fund 847) to the Highway Safety Fund (Fund 036) created in section 4501.06 of the Revised Code. Upon completion of the transfer, notwithstanding any other provision of law to the contrary, the Film Production Reimbursement Fund (Fund 847) is abolished. Section 203.06.03. BUREAU OF MOTOR VEHICLES State Special Revenue Fund Group
539 |
762-614 |
|
Motor Vehicle Dealers Board |
|
$ |
239,902 |
|
$ |
239,902 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
239,902 |
|
$ |
239,902 |
State Highway Safety Fund Group
4W4 |
762-321 |
|
Operating Expense-BMV |
|
$ |
77,257,480 |
|
$ |
73,702,629 |
4W4 |
762-410 |
|
Registrations Supplement |
|
$ |
32,480,610 |
|
$ |
32,480,610 |
5V1 |
762-682 |
|
License Plate Contributions |
|
$ |
2,388,568 |
|
$ |
2,388,568 |
83R |
762-639 |
|
Local Immobilization Reimbursement |
|
$ |
850,000 |
|
$ |
850,000 |
835 |
762-616 |
|
Financial Responsibility Compliance |
|
$ |
6,551,535 |
|
$ |
6,551,535 |
849 |
762-627 |
|
Automated Title Processing Board |
|
$ |
12,818,675 |
|
$ |
13,146,218 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
132,346,868 |
|
$ |
129,119,560 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Bureau of Motor Vehicles |
|
$ |
132,586,770 |
|
$ |
129,359,462 |
MOTOR VEHICLE REGISTRATION The Registrar of Motor Vehicles may deposit
revenues to meet
the cash needs of the State Bureau of
Motor Vehicles Fund (Fund
4W4) established in section 4501.25 of
the Revised Code, obtained
under sections 4503.02 and
4504.02 of the Revised Code, less
all other available cash. Revenue deposited pursuant to this
section shall support, in part,
appropriations for operating
expenses and defray the cost of
manufacturing and distributing
license plates and license plate
stickers and enforcing the law
relative to the operation and
registration of motor vehicles.
Notwithstanding
section 4501.03 of the Revised Code, the revenues
shall be
paid into the State Bureau of Motor Vehicles Fund before
any
revenues obtained
pursuant to sections 4503.02 and 4504.02 of
the Revised Code are
paid into any other fund. The deposit of
revenues to meet the aforementioned
cash needs shall be in
approximate equal amounts on a monthly basis
or as otherwise
determined by the Director of Budget and Management
pursuant to a
plan submitted by the Registrar of Motor Vehicles. The Registrar of Motor Vehicles may
transfer cash
from the
State Bureau of Motor Vehicles Fund (Fund 4W4) to the
State
Highway
Safety Fund (Fund 036) to meet its obligations for capital
projects CIR-047, Department of Public Safety Office Building,
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop.
TRANSFER OF INTEREST FROM FUND R52, SECURITY DEPOSIT FUND On July 1, 2005, or as soon as possible thereafter, the Director of Budget and Management shall transfer all interest credited to the Security Deposit Fund (Fund R52) since the fund was created to the Bureau of Motor Vehicles Fund (Fund 4W4) for the purpose of offsetting operating expenses related to motor vehicle registration.
Section 203.06.06. ENFORCEMENT State Highway Safety Fund Group
036 |
764-033 |
|
Minor Capital Projects |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
036 |
764-321 |
|
Operating Expense - Highway Patrol |
|
$ |
229,293,561 |
|
$ |
237,364,988 |
036 |
764-605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
2,643,022 |
|
$ |
2,670,911 |
5AY |
764-688 |
|
Traffic Safety Operating |
|
$ |
3,082,962 |
|
$ |
1,999,437 |
83C |
764-630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
83F |
764-657 |
|
Law Enforcement Automated Data System |
|
$ |
7,324,524 |
|
$ |
7,544,260 |
83G |
764-633 |
|
OMVI Fines |
|
$ |
820,927 |
|
$ |
820,927 |
831 |
764-610 |
|
Patrol - Federal |
|
$ |
2,430,950 |
|
$ |
2,455,484 |
831 |
764-659 |
|
Transportation Enforcement - Federal |
|
$ |
4,880,671 |
|
$ |
5,027,091 |
837 |
764-602 |
|
Turnpike Policing |
|
$ |
9,942,621 |
|
$ |
10,240,900 |
838 |
764-606 |
|
Patrol Reimbursement |
|
$ |
222,108 |
|
$ |
222,108 |
840 |
764-607 |
|
State Fair Security |
|
$ |
1,496,283 |
|
$ |
1,496,283 |
840 |
764-617 |
|
Security and Investigations |
|
$ |
8,145,192 |
|
$ |
8,145,192 |
840 |
764-626 |
|
State Fairgrounds Police Force |
|
$ |
788,375 |
|
$ |
788,375 |
841 |
764-603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,305,954 |
|
$ |
1,339,399 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
274,250,044 |
|
$ |
281,988,249 |
General Services Fund Group
4S2 |
764-660 |
|
MARCS Maintenance |
|
$ |
252,432 |
|
$ |
262,186 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
252,432 |
|
$ |
262,186 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Enforcement |
|
$ |
274,502,476 |
|
$ |
282,250,435 |
COLLECTIVE BARGAINING INCREASES Notwithstanding division (D) of section 127.14 and division
(B)
of section 131.35 of the Revised Code, except for the General
Revenue
Fund, the Controlling Board may, upon the request of
either the
Director of Budget and Management, or the Department of
Public
Safety
with the approval of the Director of Budget and
Management,
increase
appropriations for any fund, as necessary for
the Department of
Public Safety, to assist in paying the costs of
increases in
employee
compensation that have occurred pursuant to
collective bargaining agreements under Chapter 4117. of the
Revised Code and, for exempt employees, under section 124.152 of
the Revised Code. Section 203.06.09. EMERGENCY MEDICAL SERVICES State Highway Safety Fund Group
83M |
765-624 |
|
Operating Expenses - EMS |
|
$ |
9,354,361 |
|
$ |
9,354,361 |
831 |
765-610 |
|
EMS/Federal |
|
$ |
582,007 |
|
$ |
582,007 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
9,936,368 |
|
$ |
9,936,368 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Medical Services |
|
$ |
9,936,368 |
|
$ |
9,936,368 |
EMERGENCY MEDICAL SERVICES FUND
On July 1, 2005, or as soon as possible thereafter, the Director of Budget and Management shall cancel any existing encumbrances against appropriation items 761-611, Elementary School Seat Belt Program, 761-613, Seat Belt Education Program, and 765-637, EMS Grants, and re-establish them against appropriation item 765-624, Operating Expenses - EMS. The Director shall also transfer any remaining cash balances from Fund 83N, Seat Belt Education Fund, Fund 83P, Trauma and Emergency Medical Services Grant Fund, and Fund 844, Elementary School Program Fund, to Fund 83M, Emergency Medical Services Fund.
Section 203.06.12. INVESTIGATIVE UNIT State Highway Safety Fund Group
831 |
767-610 |
|
Liquor Enforcement - Federal |
|
$ |
514,184 |
|
$ |
514,184 |
831 |
769-610 |
|
Food Stamp Trafficking Enforcement - Federal |
|
$ |
992,920 |
|
$ |
1,032,135 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
1,507,104 |
|
$ |
1,546,319 |
Liquor Control Fund Group
043 |
767-321 |
|
Liquor Enforcement - Operations |
|
$ |
10,120,365 |
|
$ |
10,423,976 |
TOTAL LCF Liquor Control Fund |
|
|
|
|
|
|
Group |
|
$ |
10,120,365 |
|
$ |
10,423,976 |
State Special Revenue Fund Group
622 |
767-615 |
|
Investigative Contraband and Forfeiture |
|
$ |
404,111 |
|
$ |
404,111 |
850 |
767-628 |
|
Investigative Unit Salvage |
|
$ |
120,000 |
|
$ |
120,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
524,111 |
|
$ |
524,111 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Special Enforcement |
|
$ |
12,151,580 |
|
$ |
12,494,406 |
LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS
EQUIPMENT The Director of Public Safety, using intrastate transfer
vouchers, shall make cash transfers to the State Highway Safety
Fund (Fund 036) from other funds to reimburse the State Highway
Safety Fund for the share of lease rental payments to the Ohio
Building Authority that are associated with appropriation item
CAP-076, Investigative Unit MARCS Equipment. Section 203.06.15. EMERGENCY MANAGEMENT Federal Special Revenue Fund Group
3N5 |
763-644 |
|
U.S. DOE Agreement |
|
$ |
275,000 |
|
$ |
275,000 |
329 |
763-645 |
|
Federal Mitigation Program |
|
$ |
303,504 |
|
$ |
303,504 |
337 |
763-609 |
|
Federal Disaster Relief |
|
$ |
27,269,140 |
|
$ |
27,280,000 |
339 |
763-647 |
|
Emergency Management Assistance and Training |
|
$ |
129,622,000 |
|
$ |
129,622,000 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
157,469,644 |
|
$ |
157,480,504 |
State Special Revenue Fund Group
4V3 |
763-662 |
|
EMA Service and Reimbursement |
|
$ |
696,446 |
|
$ |
696,446 |
657 |
763-652 |
|
Utility Radiological Safety |
|
$ |
1,260,000 |
|
$ |
1,260,000 |
681 |
763-653 |
|
SARA Title III HAZMAT Planning |
|
$ |
271,510 |
|
$ |
271,510 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,227,956 |
|
$ |
2,227,956 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Management |
|
$ |
159,697,600 |
|
$ |
159,708,460 |
FEDERAL MITIGATION PROGRAM
The fund created by the Controlling Board known as the Disaster Relief Fund is now the Federal Mitigation Program Fund, and shall be used to plan and mitigate against future disaster costs.
The appropriation item 763-601, State Disaster
Relief, may accept transfers of cash and appropriations from
Controlling Board appropriation items to reimburse eligible local
governments and private nonprofit organizations for costs related
to disasters that have been declared by local governments or the
Governor. The Ohio Emergency Management Agency shall publish and
make available an application packet outlining eligible items and
application procedures for entities requesting state disaster
relief. Individuals may be eligible for reimbursement of costs
related to disasters that have been declared by the Governor and
the Small Business Administration. The funding in appropriation
item 763-601, State Disaster Relief, shall be used in accordance
with the principles of the federal Individual and Family Grant
Program, which provides grants to households that have been
affected by a disaster to replace basic living items. The Ohio
Emergency Management Agency shall publish and make available an
application procedure for individuals requesting assistance under
the state Individual Assistance Program.
SARA TITLE III HAZMAT PLANNING The SARA Title III HAZMAT Planning Fund (Fund 681) is entitled to
receive grant funds
from the Emergency Response Commission to
implement the Emergency Management
Agency's responsibilities under
Chapter 3750. of the Revised Code. Section 203.06.18. ADMINISTRATION State Highway Safety Fund Group
036 |
766-321 |
|
Operating Expense - Administration |
|
$ |
4,461,836 |
|
$ |
4,461,836 |
830 |
761-603 |
|
Salvage and Exchange - Administration |
|
$ |
22,070 |
|
$ |
22,070 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
4,483,906 |
|
$ |
4,483,906 |
General Services Fund Group
4S3 |
766-661 |
|
Hilltop Utility Reimbursement |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
4,983,906 |
|
$ |
4,983,906 |
Section 203.06.21. DEBT SERVICE State Highway Safety Fund Group
036 |
761-401 |
|
Lease Rental Payments |
|
$ |
13,387,100 |
|
$ |
14,407,000 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
13,387,100 |
|
$ |
14,407,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
13,387,100 |
|
$ |
14,407,000 |
OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS The foregoing appropriation item 761-401, Lease Rental
Payments,
shall be used for payments to the Ohio Building
Authority for the
period July 1, 2005, to June 30, 2007, under the primary
leases and agreements for buildings made under
Chapter 152.
of the Revised Code that are pledged for bond service
charges on
related obligations issued under Chapter 152. of
the
Revised Code. Notwithstanding section 152.24 of the Revised
Code, the Ohio Building Authority may, with approval of the
Director of Budget and Management, lease capital facilities to the
Department of Public Safety. The Director of Public Safety shall determine, per an
agreement with the
Director of Transportation, the share of each
debt service payment made out of
appropriation item 761-401, Lease
Rental Payments, that relates to the
Department of
Transportation's portion of the Hilltop Building Project, and
shall certify to the Director of Budget and Management the amounts
of this
share. The Director of Budget and Management shall
transfer the amounts of such shares from
the Highway Operating Fund (Fund 002) to
the Highway Safety Fund (Fund 036). Section 203.06.24. REVENUE DISTRIBUTION Holding Account Redistribution Fund Group
R24 |
762-619 |
|
Unidentified Public Safety Receipts |
|
$ |
1,885,000 |
|
$ |
1,885,000 |
R52 |
762-623 |
|
Security Deposits |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Revenue Distribution |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TRANSFER OF CASH BALANCE FROM FUND R27, HIGHWAY PATROL FEE REFUND FUND
On July 1, 2005, or as soon as possible thereafter, the Director of Budget and Management shall transfer the cash balance in the Highway Patrol Fee Refund Fund (Fund R27) created in former section 4501.12 of the Revised Code to the Unidentified Public Safety Receipts Fund (Fund R24). TOTAL Department of Public Safety
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
459,671,025 |
|
$ |
465,503,456 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,295,523 |
|
$ |
1,106,807 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
10,120,365 |
|
$ |
10,423,976 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,448,878 |
|
$ |
1,458,632 |
TOTAL FED Federal Revenue Special |
|
|
|
|
|
|
Fund Group |
|
$ |
157,469,644 |
|
$ |
157,480,504 |
TOTAL AGY Agency Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
632,051,719 |
|
$ |
638,208,375 |
Section 203.06.27. CASH BALANCE FUND REVIEW Not later than the first day of April in each fiscal year of
the biennium, the
Director of Budget and
Management shall review
the cash balances for each fund, except
the
State Highway Safety
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4), in the State Highway Safety
Fund Group, and shall
recommend to the Controlling Board an amount to be
transferred
to
the credit of the State Highway Safety Fund or the Bureau of
Motor Vehicles Fund, as appropriate. SCHEDULE OF TRANSFERS TO THE STATE HIGHWAY SAFETY FUND
The Director of Budget and Management, under a plan submitted by the Department of Public Safety or as otherwise determined by the Director, shall set a cash transfer schedule totaling $57,181,700 in fiscal year 2006 and $38,502,400 in fiscal year 2007 from the Highway Operating Fund, created in section 5735.291 of the Revised Code, to the State Highway Safety Fund, created in section 4501.06 of the Revised Code. The director shall transfer the cash at such times as is determined by the transfer schedule.
MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND
The Director of Budget and Management shall transfer cash in equal monthly increments totaling $133,424,000 in fiscal year 2006 and in equal monthly increments totaling $154,009,400 in fiscal year 2007 from the Highway Operating Fund, created in section 5735.291 of the Revised Code, to the Gasoline Excise Tax Fund created in division (A) of section 5735.27 of the Revised Code. The monthly amounts transferred under this section shall be distributed as follows: 42.86 per cent shall be distributed among the municipal corporations within the state under division (A)(2) of section 5735.27 of the Revised Code; 37.14 per cent shall be distributed among the counties within the state under division (A)(3) of section 5735.27 of the Revised Code; and 20 per cent shall be distributed among the townships within the state under division (A)(5)(b) of section 5735.27 of the Revised Code. Section 203.09. DEV DEPARTMENT OF DEVELOPMENT Highway Operating Fund Group
4W0 |
195-629 |
|
Roadwork Development |
|
$ |
12,699,900 |
|
$ |
12,699,900 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
12,699,900 |
|
$ |
12,699,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
12,699,900 |
|
$ |
12,699,900 |
ROADWORK DEVELOPMENT FUND The Roadwork Development Fund shall be used for road
improvements associated
with economic development opportunities
that will retain or attract businesses
for Ohio.
"Road
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site. The Department of Transportation, under the direction of the
Department of
Development, shall provide these funds in accordance
with all guidelines and
requirements established for Department of
Development appropriation item
195-412, Business
Development,
including Controlling Board review and approval as well as the
requirements for usage of gas tax revenue prescribed in Section 5a
of Article
XII, Ohio Constitution.
Should the Department of
Development require the
assistance of the Department of
Transportation to bring a project to
completion, the Department of
Transportation shall use its authority under
Title LV of the
Revised Code to provide such assistance and enter into
contracts
on behalf of the Department of Development. In addition, these
funds may be used in conjunction with appropriation item 195-412,
Business
Development, or any
other state funds appropriated for
infrastructure improvements. The Director of Budget and Management, pursuant to a plan
submitted by the Department of Development or as otherwise
determined by the Director of Budget and Management, shall set a
cash transfer schedule
to meet the cash needs of the Department of
Development's Roadwork Development Fund (Fund 4W0), less any other
available cash. The director
shall transfer to the Roadwork
Development Fund from the Highway Operating Fund (Fund 002),
established in section 5735.291 of the Revised Code, such amounts
at such times as determined by the transfer schedule. Section 203.12. PWC PUBLIC WORKS COMMISSION Local Transportation Improvements Fund Group
052 |
150-402 |
|
LTIP - Operating |
|
$ |
294,245 |
|
$ |
306,509 |
052 |
150-701 |
|
Local Transportation Improvement Program |
|
$ |
66,000,000 |
|
$ |
66,000,000 |
TOTAL 052 Local Transportation |
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
66,294,245 |
|
$ |
66,306,509 |
Local Infrastructure Improvements Fund Group
038 |
150-321 |
|
SCIP - Operating Expenses |
|
$ |
891,324 |
|
$ |
919,397 |
TOTAL LIF Local Infrastructure
|
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
891,324 |
|
$ |
919,397 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
67,185,569 |
|
$ |
67,225,906 |
DISTRICT ADMINISTRATION COSTS The Director of the Public Works Commission is authorized to
create a
District Administration Costs Program from interest earnings of the Capital Improvements
Fund and Local
Transportation Improvement Program Fund proceeds. The program shall be used to provide for the direct costs of district
administration of the nineteen
public works districts. Districts choosing to participate in the program
shall only expend Capital Improvements Fund moneys for Capital Improvements Fund costs and
Local
Transportation Improvement Program Fund moneys for Local Transportation Improvement
Program Fund costs. The account shall not exceed $760,000 per fiscal year. Each public works district may be eligible for up to
$40,000 per fiscal year from its district allocation as provided in sections
164.08 and 164.14 of the Revised Code. The director, by rule, shall define allowable and
nonallowable
costs for the purpose of the District Administration
Costs
Program. Nonallowable costs include indirect costs,
elected
official salaries and benefits, and project-specific costs. No
district public works committee may participate in the District
Administration Costs Program without the approval of those costs
by the district public works committee under section 164.04
of
the Revised Code. All capital appropriations from the Local Transportation
Improvement
Program Fund (Fund 052) in Am. Sub. H.B. 87 of the
125th
General Assembly remaining unencumbered as of June 30, 2005,
are
reappropriated for use during the period July 1, 2005, through
June 30, 2006, for the same purpose. Notwithstanding division (B) of section 127.14 of the Revised
Code, all capital appropriations and reappropriations from the
Local
Transportation Improvement Program Fund (Fund 052) in this
act
remaining unencumbered as of June 30, 2006, are reappropriated
for use during the period July 1, 2006, through June 30, 2007, for
the same purposes, subject to the availability of
revenue as
determined by the Director of the Public Works
Commission. Section 303.03. PROVISIONS OF LAW GENERALLY APPLICABLE TO
APPROPRIATIONS Law contained in the main operating appropriations act of the
126th General Assembly that is generally applicable to the
appropriations made in the main operating appropriations act also
is generally applicable to the appropriations made in this act. Section 303.06. LEASE PAYMENTS TO OBA AND TREASURER Certain appropriations are in this act for the purpose of
lease
payments to the Ohio
Building Authority or to the Treasurer
of State under leases and agreements relating to bonds or
notes issued by the Ohio Building Authority or
the Treasurer of
State
under the Ohio Constitution and acts of the
General
Assembly. If it is determined that additional
appropriations are
necessary for this purpose, such amounts are
hereby appropriated. Section 606.03. If any item of law that constitutes the whole or
part of a codified or uncodified section of law contained in this
act, or if any application of any item of law that constitutes the
whole or part of a codified or uncodified section of law contained
in this act, is held invalid, the invalidity does not affect other
items of law or applications of items of law that can be given
effect without the invalid item of law or application. To this
end, the items of law of which the codified and uncodified
sections contained in this act are composed, and their
applications, are independent and severable. Section 612.03. Except as otherwise specifically provided in this
act, the codified sections of law amended or enacted in this act,
and the items of law of which the codified sections of law amended
or enacted in this act are composed, are subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, the codified
sections of law amended or enacted by this act, and the items of
law of which the codified sections of law as amended or enacted by
this act are composed, take effect on the ninety-first day after
this act is filed with the Secretary of State. If, however, a
referendum petition is filed against any such codified section of
law as amended or enacted by this act, or against any item of law
of which any such codified section of law as amended or enacted by
this act is composed, the codified section of law as amended or
enacted, or item of law, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
Section 612.06. Sections 4511.191, 4765.07, 4765.11, and 5503.04 of the Revised Code, as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such sections as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, go into immediate effect when this act becomes law.
Section 612.09. Sections 109.572, 4501.26, 4503.26, 4503.40, 4503.42, 4508.06, 4508.10, 4509.27, 4749.03, 4749.06, and 4749.10 of the Revised Code, as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such sections as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, are entitled to go into immediate effect when this act becomes law. However, those sections as amended by this act, and the items of law which those sections as amended by this act are composed, take effect on July 1, 2005.
Section 612.12. The repeal by this act of sections 4501.12 and 4501.35 of the Revised Code is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such repeals are entitled to go into immediate effect when this act becomes law. However, those sections as repealed by this act, and the items of law which those sections as repealed by this act are composed, go into effect on July 1, 2005.
Section 612.15. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 4513.263 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments go into immediate effect when this act becomes law.
(B) The amendment by this act to division (D) of section 4513.263 of the Revised Code is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendment, and the items of law it contains, is entitled to go into immediate effect when this act becomes law. However, division (D) as amended by this act, and the items of law which that division as amended by this act are composed, take effect on July 1, 2005. Section 612.18. If the amendment or enactment in this act of a
codified section of law is subject to the referendum, the
corresponding indications in the amending, enacting, or existing
repeal clauses commanding the amendment or enactment also are
subject to the referendum, along with the amendment or enactment.
If the amendment, enactment, or repeal by this act of a
codified or uncodified section of law is not subject to the
referendum, the corresponding indications in the amending, enacting, or
repeal clauses commanding the amendment, enactment, or repeal also are not subject to the referendum, the same as the amendment, enactment,
or repeal.
Section 615.03. The items in the uncodified sections of law
contained in this act that appropriate money for the current
expenses of state government, earmark this class of
appropriations, or depend for their implementation upon an
appropriation for the current expenses of state government are not
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1d and section 1.471 of the Revised Code,
these items go into immediate effect when this act becomes law.
The items in the uncodified sections of law contained in this
act that appropriate money other than for the current expenses of
state government, earmark this class of appropriations, or do not
depend for their implementation upon an appropriation for the
current expenses of state government are subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, these items take
effect on the ninety-first day after this act is filed with the
Secretary of State. If, however, a referendum petition is filed
against such an item, the item, unless rejected at the referendum,
takes effect at the earliest time permitted by law.
This section is not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code, this section goes into immediate effect when
this act becomes law.
Section 618.03. Section 109.572 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 117, Am. Sub. H.B. 306, Am. Sub. S.B. 53, and Am. S.B. 178, all of
the 125th 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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