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(127th General Assembly)
(Amended Substitute House Bill Number 67)
AN ACT
To amend sections 737.04, 737.041, 1533.18, 3314.091, 3327.10, 3705.242, 4503.10, 4503.44, 4505.09, 4510.037, 4510.038, 4511.21, 4513.20, 4517.21, 4519.59, 4561.18, 4707.02, 4707.074, 5501.31, 5501.49, 5502.03, 5502.62, 5516.01, 5517.03, 5537.16, 5577.05, 5591.02, 5735.05, and 5751.032; to enact sections 121.51, 1327.70, 4511.092, 4517.021, and 5502.67 of the Revised Code; to amend Section 755.03 of Am. Sub. H.B. 530 of the 126th General Assembly, to amend Section 243.10 of Am. Sub. H.B. 530 of the 126th General Assembly, as subsequently amended, and to amend Sections 235.20.20 and 235.30.70 of Am. Sub. H.B. 699 of the 126th General Assembly to make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2007, and ending June 30, 2009, 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 737.04, 737.041, 1533.18, 3314.091, 3327.10, 3705.242, 4503.10, 4503.44, 4505.09, 4510.037, 4510.038, 4511.21, 4513.20, 4517.21, 4519.59, 4561.18, 4707.02, 4707.074, 5501.31, 5501.49, 5502.03, 5502.62, 5516.01, 5517.03, 5537.16, 5577.05, 5591.02, 5735.05, and 5751.032 be amended and sections 121.51, 1327.70, 4511.092, 4517.021, and 5502.67 of the Revised Code be enacted to read as follows: Sec. 121.51. There is hereby created in the office of the inspector general the position of deputy inspector general for the department of transportation. The inspector general shall appoint the deputy inspector general, and the deputy inspector general shall serve at the pleasure of the inspector general. A person employed as the deputy inspector general shall have the same qualifications as those specified in section 121.49 of the Revised Code for the inspector general. The inspector general shall provide technical, professional, and clerical assistance to the deputy inspector general. The inspector general shall certify to the director of budget and management the costs incurred by the deputy inspector general, including the salaries of the deputy inspector general and the employees assisting the deputy inspector general. The director of budget and management shall transfer the amount certified to the deputy inspector general for ODOT fund, which is hereby created in the state treasury, from the appropriation made to the department of transportation from which expenditures for general administrative purposes, as distinguished from specific infrastructure projects, are made. The inspector general shall use the deputy inspector general for ODOT fund to pay costs incurred by the deputy inspector general.
The deputy inspector general shall investigate all wrongful acts or omissions that have been committed or are being committed by employees of the department. In addition, the deputy inspector general shall conduct a program of random review of the processing of contracts associated with building and maintaining the state's infrastructure. The random review program shall be designed by the inspector general. The program shall be confidential and may be altered by the inspector general at any time. The deputy inspector general has the same powers and duties regarding matters concerning the department as those specified in sections 121.42, 121.43, and 121.45 of the Revised Code for the inspector general. Complaints may be filed with the deputy inspector general in the same manner as prescribed for complaints filed with the inspector general under section 121.46 of the Revised Code. All investigations conducted and reports issued by the deputy inspector general are subject to section 121.44 of the Revised Code.
All officers and employees of the department shall cooperate with and provide assistance to the deputy inspector general in the performance of any investigation conducted by the deputy inspector general. In particular, those persons shall make their premises, equipment, personnel, books, records, and papers readily available to the deputy inspector general. In the course of an investigation, the deputy inspector general may question any officers or employees of the department and any person transacting business with the department and may inspect and copy any books, records, or papers in the possession of the department, taking care to preserve the confidentiality of information contained in responses to questions or the books, records, or papers that are made confidential by law. In performing any investigation, the deputy inspector general shall avoid interfering with the ongoing operations of the department, except insofar as is reasonably necessary to complete the investigation successfully.
At the conclusion of an investigation by the deputy inspector general, the deputy inspector general shall deliver to the director of transportation and the governor any case for which remedial action is necessary. The deputy inspector general shall maintain a public record of the activities of the deputy inspector general to the extent permitted under this section, ensuring that the rights of the parties involved in each case are protected. The inspector general shall include in the annual report required by section 121.48 of the Revised Code a summary of the deputy inspector general's activities during the previous year. No person shall disclose any information that is designated as confidential in accordance with section 121.44 of the Revised Code or any confidential information that is acquired in the course of an investigation conducted under this section to any person who is not legally entitled to disclosure of that information.
Sec. 737.04. The legislative authority of any municipal
corporation, in order to obtain police protection or to obtain
additional police protection, or to allow its police officers to work in
multijurisdictional drug, gang, or career criminal task forces,
may enter into contracts with one
or more municipal corporations, townships, township police
districts, or county sheriffs in this state, with one or more
park districts created pursuant to section 511.18 or 1545.01 of
the Revised Code, with one or more port authorities, or with a contiguous municipal corporation in
an adjoining state, upon any terms that are agreed upon, for
services of police departments or the use of police equipment or
for the interchange of services of police departments or police
equipment within the several territories of the contracting
subdivisions. Chapter 2744. of the Revised Code, insofar as it applies to
the operation of police departments, shall apply to the
contracting political subdivisions and to the police department
members when they are rendering service outside their own
subdivisions pursuant to the contracts. Police department members acting outside the subdivision in
which they are employed, pursuant to a contract entered into
under this section, shall be entitled to participate in any
indemnity fund established by their employer to the same extent
as while acting within the employing subdivision. Those members
shall be entitled to all the rights and benefits of Chapter 4123.
of the Revised Code, to the same extent as while performing
service within the subdivision. The contracts may provide for: (A) A fixed annual charge to be paid at the times agreed
upon and stipulated in the contract; (B) Compensation based upon: (1) A stipulated price for each call or emergency; (2) The number of members or pieces of equipment employed; (3) The elapsed time of service required in each call or
emergency. (C) Compensation for loss or damage to equipment while
engaged in rendering police services outside the limits of the
subdivision owning and furnishing the equipment; (D) Reimbursement of the subdivision in which the police
department members are employed for any indemnity award or
premium contribution assessed against the employing subdivision
for workers' compensation benefits for injuries or death of its
police department members occurring while engaged in rendering
police services pursuant to the contract.
Sec. 737.041. The police department of any municipal
corporation may provide police protection to any county,
municipal corporation, township, or township police district of
this state, to a park district created pursuant to section 511.18
or 1545.01 of the Revised Code, to a port authority, to any multijurisdictional drug, gang, or
career criminal task force, or to a governmental entity of an
adjoining state without a contract to provide police protection,
upon the approval, by resolution, of the legislative authority of
the municipal corporation in which the department is located and
upon authorization by an officer or employee of the police
department providing the police protection who is designated by
title of office or position, pursuant to the resolution of the
legislative authority of the municipal corporation, to give the
authorization. Chapter 2744. of the Revised Code, insofar as it applies to
the operation of police departments, shall apply to any municipal
corporation and to members of its police department when the
members are rendering police services pursuant to this section
outside the municipal corporation by which they are employed. Police department members acting, as provided in this
section, outside the municipal corporation by which they are
employed shall be entitled to participate in any pension or
indemnity fund established by their employer to the same extent
as while acting within the municipal corporation by which they
are employed. Those members shall be entitled to all the rights
and benefits of Chapter 4123. of the Revised Code to the same
extent as while performing services within the municipal
corporation by which they are employed.
Sec. 1327.70. (A) As used in this section:
(1) "Diesel fuel" has the same meaning as in section 5735.01 of the Revised Code.
(2) "Motor fuel" means gasoline or diesel fuel that is sold by a retailer.
(B) The director of agriculture may adopt rules in accordance with Chapter 119. of the Revised Code establishing a motor fuel quality testing program that is uniform throughout the state.
Sec. 1533.18. As used in sections 1533.18 and 1533.181 of
the Revised Code: (A) "Premises" means all privately-owned privately owned lands, ways,
and
waters, and any buildings and structures thereon, and all privately owned and
state-owned lands, ways, and waters leased to a private person,
firm,
or organization,
including any buildings and
structures
thereon. (B) "Recreational user" means a person to whom permission
has been granted, without the payment of a fee or consideration
to
the owner, lessee, or occupant of premises, other than a fee
or
consideration paid to the state or any agency
of the
state, or a lease payment or fee paid to the owner of privately owned lands, to
enter
upon premises to hunt, fish, trap, camp, hike, or
swim, or to
operate
a
snowmobile or, all-purpose vehicle, or four-wheel drive motor vehicle, or to
engage in
other
recreational
pursuits.
(C) "All-purpose vehicle" has the same meaning as in
section
4519.01 of the Revised Code. Sec. 3314.091.
(A) A school district is not required to
provide
transportation
for any native student enrolled in a
community school if the district board
of education has entered
into an agreement with the
community school's governing authority
that designates the
community school as responsible for providing
or arranging for the
transportation of the district's native
students to and from the community
school. For any such
agreement
to be effective, it must be certified by the
superintendent of
public instruction
as having met
all of the following
requirements: (1) It is submitted to the
department
of education
by a
deadline which shall be established by the
department. (2) It In accordance with divisions (C)(1) and (2) of this section, it specifies qualifications, such as residing a minimum
distance from
the school, for students to have their
transportation provided or arranged. (3) The transportation provided by the community school is
subject to all provisions of the Revised Code and all rules
adopted under the Revised Code pertaining to pupil transportation.
(4) The sponsor of the community school also has signed the
agreement. (B) A school district is not required to provide transportation for any native student enrolled in a community school if the governing authority of the community school, by a date prescribed by the department, submits written notification to the district board of education stating that the governing authority is accepting responsibility for providing or arranging for the transportation of the district's native students to and from the community school. A governing authority's acceptance of responsibility under this division shall cover an entire school year, and shall remain in effect for subsequent school years unless the governing authority submits written notification to the district board that the governing authority is relinquishing the responsibility. However, a governing authority shall not relinquish responsibility for transportation before the end of a school year, and shall submit the notice relinquishing responsibility by a date prescribed by the department to allow the school district reasonable time to prepare transportation for its native students enrolled in the school.
(C)(1) A community school governing
authority that
enters into
an agreement to provide transportation under division (A) of this
section, or that accepts responsibility under division (B) of this section, shall
provide or arrange transportation free of any charge
for each of
its enrolled students
eligible for transportation as
specified in who is required to be transported under section 3327.01 of the Revised Code or who would otherwise be transported by the school district under the district's transportation policy. The governing authority shall provide or arrange transportation in a manner that is comparable to the transportation that the district provides or arranges for its native students of the same grade level and distance from school who are enrolled in the district's schools. (2) The governing
authority may
provide or arrange
transportation for any other enrolled student
who is not eligible
for transportation in accordance with division (C)(1) of this section
and may charge a fee
for such service
up to the
actual cost of the service. (2)(3) Notwithstanding anything to the contrary in division
(B)(C)(1) or (2) of this section, a community school governing
authority shall
provide or arrange transportation free of any
charge for any
disabled student enrolled in the school for whom
the student's
individualized education program developed under
Chapter 3323. of
the Revised Code specifies transportation.
(C)(D)(1) If a school district board and a community school
governing authority elect to enter into an
agreement
under division (A) of this
section, the department of education annually shall pay make payments to
the
community school the amount specified in division (C)(2) of this
section
for each of the enrolled
students for whom the school's
governing
authority provides or arranges
transportation to and
from school.
The according to the terms of the agreement for each student actually transported under division (C)(1) of this section. If a community school governing authority accepts transportation responsibility under division (B) of this section, the department shall make payments to the community school for each student actually transported under division (C)(1) of this section, calculated in accordance with division (D) of section 3317.022 of the Revised Code and any rules of the state board of education implementing that division, and that otherwise would be paid to the school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(2) The department shall deduct the payment under division (D)(1) of this section from the
state payment under Chapter 3317. and, if
necessary, sections
321.14 and 323.156 of the Revised Code that is otherwise paid to
the school district in which the student enrolled in the community
school resides.
The
department shall
include the number of the
district's native
students for whom
payment is made to a community
school under this division (D)(1) of this section in the
calculation of the
district's
transportation payment under
division
(D) of section
3317.022 of
the Revised Code. (3) A community school shall be paid under this division (D)(1) of this section only for
students who
are eligible
as specified in section 3327.01 of the Revised Code or who are
disabled and whose individualized education program requires
transportation and division (C)(1) of this section, and whose
transportation
to and from school is
actually provided or, who actually utilized transportation arranged,
or for whom a payment in lieu of
transportation is made by the
community school's governing
authority.
To
qualify for
the
payments, the community school
shall report to
the department, in
the form
and
manner required
by the department, data
on the
number of students transported or
whose transportation is
arranged, the
number of miles traveled,
cost to transport, and any
other information requested by the
department. (4) A community school shall use payments received under this
division section solely
to pay the costs of providing or arranging for the
transportation of students who
are eligible as specified in section 3327.01 of the Revised
Code or who are disabled and whose individualized education
program requires transportation and division (C)(1) of this section, which may
include payments to a
parent, guardian,
or other
person in charge
of a child in lieu of
transportation. (2) The payment to a community school governing authority
under this section for
eligible students shall be made
according to the
terms of the agreement entered into
under this section.
(D)(E) Except when arranged through payment to a parent,
guardian,
or person in charge of a child, transportation provided
or arranged for by a
community school
pursuant to an agreement
under this section is subject to all
provisions of the Revised
Code, and all rules adopted under
the Revised
Code, pertaining to
the
construction,
design, equipment, and
operation of school buses
and other vehicles
transporting students
to and from school. The
drivers and
mechanics of the vehicles are
subject to all
provisions of the
Revised Code, and all rules
adopted under the
Revised Code, pertaining to
drivers
and mechanics of such
vehicles. The community school also shall
comply
with sections
3313.201, 3327.09, and 3327.10 and of the Revised Code, division
(B)
of section 3327.16
of the Revised Code and, subject to division (C)(1) of this section, sections 3327.01 and 3327.02 of the Revised Code, as if it were a
school
district. For purposes
of complying with section 3327.10 of the
Revised Code, the
educational
service center that serves the
county in which the
community
school is located shall be the
certifying agency, unless
the
agreement designates the school
district as the certifying
agency.
Sec. 3327.10. (A) No person shall be employed as driver
of
a school bus or motor van, owned and operated by any school
district or educational service center or privately owned and
operated under
contract with any
school district or service center
in this state, who has not received a
certificate
from the
educational service center governing board in case such person is
employed by a service center or by
a local school
district under
the supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division may be cause for disciplinary action
or termination of
employment under division (C) of section
3319.081, or section
124.34 of the Revised Code. (B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
the driver's physical fitness for
such
employment.
The examination shall be performed by one of the
following: (1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery; (2) A
physician assistant; (3) A
certified nurse practitioner; (4) A
clinical
nurse specialist; (5) A certified
nurse-midwife.
Any written documentation of the physical examination shall
be completed by the individual who performed the examination. Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section. (C) Any person who drives a school bus or motor van must
give satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district. (D) No person employed as driver of a school bus or motor
van under this section who is convicted of a traffic violation or
who has had
the person's commercial driver's license
suspended
shall drive a school bus or motor van until
the
person
has filed
a
written notice of
the conviction
or
suspension,
as
follows: (1) If
the person is employed under division (A) of this
section,
the person shall file the notice
with
the
superintendent, or a
person
designated by the superintendent,
of
the school district
for
which
the person drives a school
bus or
motor van as an
employee or
drives a privately owned and
operated
school bus or
motor van
under contract. (2) If employed under division (B) of this section,
the
person shall file the notice
with the employing
school
administrator or
contractor, or a person designated by the
administrator or
contractor. (E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor. (F)(1) Not later than thirty days after the effective date of this amendment, each owner of a school bus or motor van shall obtain from the bureau of motor vehicles the driving record for at least the prior seven-year period of each person who is employed or otherwise authorized to drive the school bus or motor van. An owner of a school bus or motor van shall not permit a person to operate the school bus or motor van for the first time before the owner has obtained from the bureau the person's driving record for at least the prior seven-year period. Each year after obtaining a person's seven-year driving record, the owner of a school bus or motor van shall obtain from the bureau the person's driving record for at least the prior year if the person remains employed or otherwise authorized to drive the school bus or motor van. An owner of a school bus or motor van shall not permit a person to resume operating a school bus or motor van, after an interruption of one year or longer, before the owner has obtained from the bureau the person's driving record for at least the period since the owner last obtained the person's driving record or, if the owner had never obtained a seven-year driving record for the person, for at least the prior seven-year period.
(2) The owner of a school bus or motor van shall not permit a person to operate the school bus or motor van for seven years after the date of a violation for which six points are assessed under section 4510.036 of the Revised Code.
(3) Divisions (F)(1) and (2) of this section supersede only the requirements of paragraphs (B)(3) and (F)(2) of rule 3301-83-06 of the Administrative Code, as that rule exists on the effective date of this amendment, that school bus drivers have no six-point convictions during the prior twenty-four months. All other rules adopted by the state board of education prescribing qualifications of drivers of school buses and other student transportation, including the requirement of those paragraphs that drivers not have been assessed eight points within the previous twenty-four months, remain in effect until amended or rescinded by the state board.
(G) A person, school district, educational service center, community school, nonpublic school, or other public or nonpublic entity that owns a school bus or motor van, or that contracts with another entity to operate a school bus or motor van, may impose more stringent restrictions on drivers than those prescribed in this section, in any other section of the Revised Code, and in rules adopted by the state board. Sec. 3705.242. (A)(1) The director of health, a person authorized by the director, a local commissioner of health, or a local registrar of vital statistics shall charge and collect a fee of one dollar and fifty cents for each certified copy of a birth record, each certification of birth, and each copy of a death record. The fee is in addition to the fee imposed by section 3705.24 or any other section of the Revised Code. A local commissioner of health or local registrar of vital statistics may retain an amount of each additional fee collected, not to exceed three per cent of the amount of the additional fee, to be used for costs directly related to the collection of the fee and the forwarding of the fee to the treasurer of state. The additional fees collected, but not retained, under division (A)(1) of this section shall be forwarded to the treasurer of state not later than thirty days following the end of each quarter. (2) On the filing of a divorce decree under section 3105.10 or a decree of dissolution under section 3105.65 of the Revised Code, a court of common pleas shall charge and collect a fee of five dollars and fifty cents. The fee is in addition to any other court costs or fees. The county clerk of courts may retain an amount of each additional fee collected, not to exceed three per cent of the amount of the additional fee, to be used for costs directly related to the collection of the fee and the forwarding of the fee to the treasurer of state. The additional fees collected, but not retained, under division (A)(2) of this section shall be forwarded to the treasurer of state not later than twenty days following the end of each month.
(B) The treasurer of state shall deposit the fees forwarded under this section in the state treasury to the credit of the family violence prevention fund, which is hereby created. A person or government entity that fails to forward the fees in a timely manner, as determined by the treasurer of state, shall forward to the treasurer of state, in addition to the fees, a penalty equal to ten per cent of the fees.
The treasurer of state shall invest the moneys in the fund. All earnings resulting from investment of the fund shall be credited to the fund, except that actual administration costs incurred by the treasurer of state in administering the fund may be deducted from the earnings resulting from investments. The amount that may be deducted shall not exceed three per cent of the total amount of fees credited to the fund in each fiscal year. The balance of the investment earnings shall be credited to the fund.
(C) The director of public safety shall use money credited to the fund to provide grants to family violence shelters in Ohio and to operate the division of criminal justice services.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway motorcycle,
and
all-purpose vehicle required to be
registered under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information: (1) A brief description of the motor vehicle to be
registered, including the year, make, model, and vehicle identification number, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code; (2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides; (3) The district of registration, which shall be
determined
as follows: (a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located. (b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application. (4) Whether the motor vehicle is a new or used motor
vehicle; (5) The date of purchase of the motor vehicle; (6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the
current registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required. (7) The owner's social security number, if assigned driver's license number, or state identification number, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number. The bureau of
motor vehicles shall retain in its records all social security
numbers provided under this section, but the bureau shall not
place social security numbers on motor vehicle certificates of
registration. (B) Except as otherwise provided in this division, each time an applicant first registers a motor
vehicle
in the applicant's name, the
applicant shall present for
inspection a physical
certificate of title or memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if a physical certificate of title or
memorandum certificate has been issued by a clerk of a court of
common pleas. If, under sections 4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk instead has issued an electronic
certificate of title for the applicant's motor vehicle, that
certificate may be presented for inspection at the time of first
registration in a manner prescribed by rules adopted by the
registrar. An applicant is not required to present a certificate of title to an electronic motor vehicle dealer acting as a limited authority deputy registrar in accordance with rules adopted by the registrar. When a
motor vehicle inspection and maintenance
program is in effect
under section 3704.14 of the Revised Code and
rules adopted under
it, each application for registration for a
vehicle required to
be inspected under that section and those
rules shall be
accompanied by an inspection certificate for the
motor vehicle
issued in accordance with that section. The
application shall be
refused if any of the following applies: (1) The application is not in proper form. (2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4510.22,
or division (B)(1) of section 4521.10 of the Revised
Code. (3) A
certificate of title or memorandum certificate of
title is required but does not
accompany
the application or, in the case of an
electronic certificate of title, is required but is not presented in a manner
prescribed by the registrar's rules. (4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid. (5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable. This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall indicate, by a stamp or
by other means the registrar
prescribes, on the
registration certificate issued upon the first
registration of a
motor vehicle by or on behalf of the owner the
odometer reading
of
the motor vehicle as shown in the odometer
statement included
in
or attached to the certificate of title.
Upon each subsequent
registration of the motor vehicle by or on
behalf of the same
owner, the official also shall so indicate the
odometer reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration. The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division. (C)(1) Commencing with each registration renewal with an expiration date on or after October 1, 2003, and for each initial application for registration received on and after that date, the registrar and each deputy registrar shall collect an additional fee of eleven dollars for each application for registration and registration renewal received. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. Each deputy registrar shall transmit the fees collected under division (C)(1) of this section in the time and manner provided in this section. The registrar shall deposit all moneys received under division (C)(1) of this section into the state highway safety fund established in section 4501.06 of the Revised Code. (2) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code. (D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations. (E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued. (F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service. (G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application. (H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section. (I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code. (2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration. (b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration. (J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following: (1) A uniform mileage schedule; (2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the
registrant; (3) Any other information the registrar requires by
rule. Sec. 4503.44. (A) As used in this section and in section
4511.69 of the Revised Code: (1) "Person with a disability that limits or impairs the
ability to walk"
means any person who, as determined by a
physician, advanced practice nurse, or chiropractor,
meets any of the following criteria: (a) Cannot walk two hundred feet without stopping to rest; (b) Cannot walk without the use of, or assistance from, a
brace, cane,
crutch, another person, prosthetic device,
wheelchair, or other assistive
device; (c) Is restricted by a lung disease to such an extent that
the person's
forced (respiratory) expiratory volume for one
second, when measured by
spirometry, is less than one liter, or
the arterial oxygen tension is less
than sixty millimeters of
mercury on room air at rest; (d) Uses portable oxygen; (e) Has a cardiac condition to the extent that the person's
functional
limitations are classified in severity as class III or
class IV according to
standards set by the American heart
association; (f) Is severely limited in the ability to walk due to an
arthritic,
neurological, or orthopedic condition; (g) Is blind. (2) "Organization" means any private organization or
corporation, or any governmental board, agency, department,
division, or office, that, as part of its business or program,
transports persons with disabilities that limit or impair the
ability to walk
on a regular basis in a motor
vehicle that has not
been altered for the purpose of providing it
with special
equipment for use by handicapped persons. This definition does
not apply to division (J) of this section. (3) "Physician" means a person licensed to practice
medicine
or surgery or osteopathic medicine and surgery under
Chapter 4731.
of the Revised Code. (4) "Chiropractor" means a person licensed to practice
chiropractic under Chapter 4734. of the Revised Code. (5) "Advanced practice nurse" means any certified nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, or certified nurse-midwife who holds a certificate of authority issued by the board of nursing under Chapter 4723. of the Revised Code. (B) Any organization or person with a disability that limits
or
impairs the
ability to walk may
apply to the registrar of motor
vehicles for a removable windshield placard
or, if the person owns
or leases a motor vehicle, the person
may apply for the
registration of any motor vehicle the person
owns or leases. In
addition to one or more sets of license plates or one placard, a
person with a
disability that limits or impairs the ability to
walk
is entitled to one additional placard, but only if the person
applies
separately for the additional placard, states the reasons
why
the additional placard is needed, and the registrar, in the
registrar's discretion, determines that good and justifiable
cause
exists to approve the request for the additional
placard. When a
motor vehicle has been altered for the purpose of providing it
with special equipment for a person with a disability that limits
or impairs
the ability to walk, but is
owned or leased by someone
other than such a person, the owner or lessee may
apply to the
registrar or a deputy registrar for registration under
this
section. The application for registration of a motor vehicle
owned or leased by a person
with a disability that limits or
impairs the ability to walk shall be
accompanied by
a signed
statement from the applicant's personal physician, advanced practice nurse, or
chiropractor
certifying that the applicant meets at least one of the
criteria
contained in division (A)(1) of this section and that the
disability is expected to continue for more than six consecutive
months.
The application for a removable windshield placard made
by
a person with a disability that limits or impairs the ability
to
walk shall be accompanied by a prescription from the
applicant's
personal physician, advanced practice nurse, or chiropractor prescribing such a
placard for the
applicant, provided
that the applicant meets at
least one of the criteria contained in
division
(A)(1) of this section. The physician, advanced practice nurse, or chiropractor
shall state on
the prescription the length of time the
physician, advanced practice nurse,
or chiropractor expects the applicant to have the disability that
limits or impairs the applicant's ability to
walk. The
application for a removable windshield placard made by an
organization shall be accompanied by such documentary evidence of
regular transport of persons with disabilities that limit or
impair the
ability to walk by the organization as
the registrar
may require by rule and shall be completed in
accordance with
procedures that the registrar may require by
rule. The
application for registration of a motor vehicle that
has been
altered for the purpose of providing it with special
equipment for
a person with a disability that limits or impairs the ability to
walk but is owned by someone other
than such a person shall be
accompanied by such
documentary evidence of vehicle alterations as
the registrar may
require by rule. (C) When an organization, a person with a
disability that
limits or impairs the ability to walk, or a person who does
not
have a disability that limits or impairs the ability to walk but
owns a
motor vehicle
that has been altered for the purpose of
providing it with special equipment
for a person with a disability
that limits or impairs the ability to walk
first submits an
application for registration of a
motor vehicle under this section
and every fifth
year thereafter, the organization or person shall
submit
a signed statement from the applicant's personal physician, advanced practice nurse,
or chiropractor, a
completed application, and any required
documentary
evidence of vehicle alterations as provided in
division (B) of this section,
and also a power of attorney from
the owner of
the motor vehicle if the applicant leases the
vehicle. Upon submission of
these
items, the registrar or deputy
registrar shall issue to the applicant
appropriate vehicle
registration and a set of license plates and validation
stickers,
or validation stickers alone when required by section 4503.191 of
the Revised Code. In addition to the letters and numbers
ordinarily inscribed thereon, the license plates shall be
imprinted with the international symbol of access. The license
plates and validation stickers shall be issued upon payment of
the
regular license fee as prescribed under section 4503.04 of
the
Revised Code and any motor vehicle tax levied under Chapter
4504.
of the Revised Code, and the payment of a service
fee equal to the
amount specified in division (D) or (G) of section 4503.10 of
the
Revised Code. (D)(1) Upon receipt of a completed and signed
application
for a
removable windshield placard,
a prescription as described in
division (B) of this section, documentary
evidence of regular
transport of persons with disabilities that limit or
impair the
ability to walk, if
required, and
payment of a service fee equal
to the amount specified in division (D) or (G)
of section 4503.10
of the Revised Code,
the registrar or deputy registrar
shall issue
to the
applicant a removable windshield placard, which shall bear
the date of
expiration on both sides of the placard and
shall
be
valid until expired, revoked, or
surrendered. Every removable
windshield placard expires as described in
division (D)(2) of this
section, but in no case shall a removable windshield placard be
valid for a
period of less than sixty days. Removable windshield
placards shall be
renewable upon application as
provided in
division (B) of this section, and a service fee equal to the
amount specified in division (D) or (G) of section 4503.10 of the
Revised Code
shall be charged for the renewal of a removable
windshield placard. The
registrar shall provide the application
form and shall determine
the information to be included thereon.
The registrar also
shall determine the form and size of the
removable windshield placard, the
material of which it is to be
made, and any other
information to be included thereon, and shall
adopt rules
relating to the issuance, expiration, revocation,
surrender, and
proper display of such placards.
Any placard
issued after
October 14, 1999, shall be manufactured in a manner
that allows the expiration
date of the placard to be indicated on
it through
the punching, drilling, boring, or creation by any
other means
of holes in the placard. (2) At the time a removable windshield placard is
issued to
a person with a disability that limits or impairs the
ability to
walk, the registrar or deputy registrar shall enter
into the
records of the bureau of motor vehicles the last date
on which the
person will have that disability, as indicated on
the accompanying
prescription. Not less than thirty days prior
to that date and
all removable windshield placard renewal dates, the bureau
shall
send a renewal notice to that
person at the person's last known
address as shown in the
records of the bureau, informing the
person that the person's
removable windshield placard will expire
on the indicated date not to exceed
five years from the date of
issuance,
and that the person is required to renew the placard by
submitting to the registrar or a deputy registrar another
prescription, as described in division
(B) of this section, and by
complying with the renewal provisions prescribed in division
(D)(1) of this section. If
such a prescription is not received by
the registrar or a deputy
registrar by that date, the placard
issued to that person
expires and no longer is valid, and this
fact shall be recorded
in the records of the bureau. (3) At least once every year, on a date determined by
the
registrar, the bureau shall examine the records of the
office of
vital statistics, located within the department of
health, that
pertain to deceased persons, and also the bureau's
records of all
persons who have been issued removable windshield
placards and
temporary removable windshield placards. If the
records of the
office of vital statistics indicate that a person
to whom a
removable windshield placard or temporary removable
windshield
placard has been issued is deceased, the bureau shall
cancel that
placard, and note the cancellation in its
records. The office of vital statistics shall make available to
the
bureau all information necessary to enable the bureau to
comply
with division (D)(3) of this section. (4) Nothing in this section shall be construed to require a
person
or organization to apply for a removable windshield placard
or special license
plates if the parking card or special license
plates issued to the person or
organization under prior law have
not expired or been surrendered or revoked. (E)(1)(a) Any person with a disability that limits or impairs the
ability to walk
may apply to the
registrar or a deputy registrar
for a temporary removable windshield placard.
The application for
a
temporary removable windshield placard shall be accompanied by a
prescription from the applicant's personal physician, advanced practice nurse,
or
chiropractor prescribing such a placard for the applicant, provided that the applicant meets at least
one of the
criteria contained in
division (A)(1) of this section
and that the disability is
expected to continue for six
consecutive months or less.
The physician, advanced practice nurse, or chiropractor shall
state on the prescription the length
of time the physician, advanced practice nurse, or
chiropractor expects the applicant to have the
disability that
limits or impairs the applicant's ability to
walk, which cannot
exceed six months from the date of the
prescription. Upon receipt
of an
application for a temporary removable windshield placard,
presentation of the prescription from the
applicant's
personal physician, advanced practice nurse, or chiropractor, and payment of a
service fee equal to the
amount specified in
division (D) or (G)
of section 4503.10 of the Revised Code, the
registrar or deputy
registrar shall issue to the applicant a temporary
removable
windshield placard. (b) Any active-duty member of the armed forces of the United States, including the reserve components of the armed forces and the national guard, who has an illness or injury that limits or impairs the ability to walk may apply to the registrar or a deputy registrar for a temporary removable windshield placard. With the application, the person shall present evidence of the person's active-duty status and the illness or injury. Evidence of the illness or injury may include a current department of defense convalescent leave statement, any department of defense document indicating that the person currently has an ill or injured casualty status or has limited duties, or a prescription from any physician, advanced practice nurse, or chiropractor prescribing the placard for the applicant. Upon receipt of the application and the necessary evidence, the registrar or deputy registrar shall issue the applicant the temporary removable windshield placard without the payment of any service fee. (2) The temporary removable windshield placard
shall be of the same size and form as the removable windshield
placard, shall
be printed in white on a red-colored background,
and shall
bear the word "temporary" in letters of such size as the
registrar shall prescribe. A temporary removable windshield
placard also shall bear the date of expiration
on the front and
back of the placard, and shall be valid until expired,
surrendered, or revoked, but in no case shall such a placard be
valid for a period of less than sixty days. The registrar shall
provide
the
application form and shall determine the information
to be
included on it, provided that the registrar shall not require a physician, advanced practice nurse, or chiropractor's prescription or certification for a person applying under division (E)(1)(b) of this section. The registrar also shall determine the
material
of which the temporary removable windshield placard is to
be made and any
other information to be included on the placard
and shall adopt rules
relating to the issuance, expiration,
surrender, revocation, and
proper display of those placards.
Any
temporary removable windshield placard issued after October
14,
1999, shall be manufactured in a manner that allows for the
expiration
date of the placard to be indicated on it through the
punching, drilling,
boring, or creation by any other means of
holes in the
placard. (F) If an applicant for a removable windshield placard is a
veteran of the
armed forces of the United States whose disability,
as defined in
division (A)(1) of this section, is
service-connected, the
registrar or deputy registrar, upon receipt
of the application, presentation
of a signed statement
from the
applicant's personal physician, advanced practice nurse, or
chiropractor certifying the
applicant's
disability, and presentation of
such documentary
evidence from the department of veterans affairs that
the
disability of the applicant meets at least one of the criteria
identified
in division (A)(1) of this section and is
service-connected as
the registrar may require by rule, but
without the payment of any
service fee, shall issue the applicant
a
removable windshield placard that is valid until
expired,
surrendered, or revoked. (G) Upon a conviction of a violation of division (I), (J), or (K)
of
this section, the court shall report the conviction, and send
the placard or
parking card, if available, to the
registrar, who
thereupon shall revoke the privilege of
using the placard or
parking card and send notice in writing to the
placardholder or
cardholder at that holder's last
known address as shown in the
records of the bureau, and the placardholder or
cardholder shall
return the placard or
card if not previously surrendered to the
court, to the
registrar within ten days following mailing of the
notice. Whenever a person to whom a removable windshield placard or
parking card has
been issued moves to another state, the person
shall
surrender the placard or card to the registrar; and whenever
an
organization to which a placard or card has been issued changes
its
place of operation to another state, the organization shall
surrender the placard or card to the registrar. (H) Subject to division (F) of section
4511.69 of the
Revised Code, the operator of a motor vehicle
displaying a
removable windshield placard, temporary removable windshield
placard, parking card, or the special license plates
authorized by
this section is entitled to park the
motor
vehicle in any special
parking location reserved for persons with disabilities
that limit
or impair the ability to walk, also known as handicapped parking
spaces or disability parking spaces. (I) No person or organization that is not eligible under
division (B) or (E)
of this section shall willfully and falsely
represent that the person or organization is
so eligible. No person or organization shall display license plates issued
under this section unless the license plates have been issued for
the vehicle
on which they are displayed and are valid. (J) No person or organization to which a removable
windshield placard or
temporary removable windshield placard is
issued shall do either of the
following: (1) Display or permit the display of the placard on
any
motor vehicle when having reasonable cause to believe the
motor
vehicle is being used in connection with an activity that
does not
include providing transportation for persons with disabilities
that
limit or impair the ability to walk; (2) Refuse to return or surrender the placard, when
required. (K)(1) No person or organization to which a parking card is
issued shall do
either of the following: (a) Display or permit the display of the parking card on any
motor vehicle
when having reasonable cause to believe the motor
vehicle is being used in
connection with an activity that does not
include providing transportation for
a handicapped person; (b) Refuse to return or surrender the parking card, when
required. (2) As used in division (K) of this section: (a) "Handicapped person" means any person who has lost the
use of one or both
legs or one or both arms, who is blind, deaf,
or so severely handicapped as to
be unable to move about without
the aid of crutches or a wheelchair, or whose
mobility is
restricted by a permanent cardiovascular, pulmonary, or other
handicapping condition. (b) "Organization" means any private organization or
corporation, or any
governmental board, agency, department,
division, or office, that, as part of
its business or program,
transports handicapped persons on a regular basis in
a motor
vehicle that has not been altered for the purposes of providing it
with special equipment for use by handicapped persons. (L) If a removable windshield placard, temporary removable
windshield
placard, or parking card is lost, destroyed, or
mutilated,
the placardholder or cardholder may obtain
a duplicate
by doing both of the following: (1) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar; (2) Paying a service fee
equal to
the amount specified in
division (D) or (G) of section 4503.10 of the Revised
Code. Any placardholder or cardholder who loses a placard or
card
and, after
obtaining a duplicate, finds the original, immediately
shall surrender the
original placard or card to the registrar. (M) The registrar shall pay all fees received under this
section for the issuance of removable windshield placards or
temporary
removable windshield placards or duplicate removable
windshield placards or
cards into the state treasury to the credit
of the state bureau of motor
vehicles fund created in section
4501.25 of the Revised Code. (N) For purposes of enforcing this section, every peace
officer is deemed to
be an agent of the registrar. Any peace
officer or any authorized employee of
the bureau of motor vehicles
who, in the performance of duties
authorized by law, becomes aware
of a person whose placard or parking card has
been revoked
pursuant to this section, may confiscate that placard or parking
card and return it to the registrar. The registrar shall
prescribe any forms
used by law enforcement agencies in
administering this section. No peace officer, law enforcement agency employing a peace
officer, or
political subdivision or governmental agency employing
a peace officer, and no
employee of the bureau is liable in a
civil action for
damages or loss
to persons arising out of the
performance of any duty required or authorized
by this section.
As
used in this division, "peace officer" has the same
meaning as
in
division (B) of section 2935.01 of the Revised Code. (O) All applications for registration
of motor vehicles,
removable windshield placards, and temporary removable
windshield
placards issued
under this section, all renewal notices for such
items, and all other
publications issued by the
bureau that relate
to this section shall set forth the criminal
penalties that may be
imposed upon a person who violates any
provision relating to
special license plates issued under this
section, the parking of
vehicles displaying such license plates,
and the issuance,
procurement, use, and display of removable
windshield placards and
temporary removable windshield placards
issued under this section. (P)
Whoever violates this section is guilty of a misdemeanor
of
the fourth degree. Sec. 4505.09. (A) The clerk of
a court of common pleas
shall charge a fee of five dollars for each certificate of title
that is not applied for within thirty days after
the later of the
assignment
or
delivery of the motor vehicle described
in it.
The
fees
shall be retained by the clerk. In addition to those fees, the clerk shall charge a fee of
five dollars for each certificate of title, duplicate
certificate
of title, memorandum certificate of title,
authorization to
print
a non-negotiable
evidence of ownership described in division (G)
of section 4505.08 of
the Revised Code, non-negotiable evidence
of ownership printed by the clerk under division (H) of that
section, and
notation of any lien
on a certificate of title.
The
clerk shall
retain two dollars
and
twenty-five cents of the
fee
charged for
each certificate of
title, four dollars and
seventy-five cents of
the fee charged for
each duplicate
certificate of
title, all of the fees charged for
each
memorandum certificate, authorization to print a
non-negotiable
evidence of ownership, or non-negotiable evidence of ownership
printed by the clerk,
and four dollars and
twenty-five cents of
the fee charged for
each notation of a lien. The remaining two dollars and seventy-five cents charged
for
the certificate of title, the remaining twenty-five cents
charged
for the duplicate certificate of title, and the
remaining
seventy-five cents charged for the notation of any lien
on a
certificate of title shall be paid to the registrar of motor
vehicles by monthly returns, which shall be forwarded to the
registrar not later than the fifth day of the month next
succeeding that in which the certificate is issued or that in
which the registrar is notified of a lien or cancellation
of a
lien. (B)(1) The registrar shall pay twenty-five cents of the
amount received for each certificate of title and all of the
amounts received for each notation of any lien and each duplicate
certificate of title into the state bureau of motor vehicles
fund
established in section 4501.25 of the Revised Code. (2) Fifty cents of the amount received for each
certificate
of title shall be paid by the registrar as follows: (a) Four cents shall be paid into the state treasury to
the
credit of the motor vehicle dealers board fund, which is
hereby
created. All investment earnings of the fund shall be credited to
the
fund. The moneys in the motor vehicle dealers board fund
shall be used by the
motor vehicle dealers board created under
section 4517.30 of the Revised Code,
together
with other moneys
appropriated to it, in the exercise of
its powers and
the
performance of its duties under Chapter 4517. of the Revised Code,
except
that the director of budget and management may transfer
excess money from the
motor vehicle dealers board fund to the
bureau of motor vehicles fund if the
registrar determines that
the
amount of money in the motor vehicle dealers
board fund,
together
with other moneys appropriated to the
board, exceeds
the
amount
required for the exercise of its powers and the
performance of its
duties under Chapter 4517. of the Revised Code
and requests the
director to
make the transfer. (b) Twenty-one cents shall be paid into the general
revenue highway operating
fund. (c) Twenty-five cents shall be paid into the state
treasury
to the credit of the motor vehicle sales audit fund,
which is
hereby created. The moneys in the fund shall be used by
the tax
commissioner together with other funds available
to the
commissioner to conduct a continuing investigation of
sales and
use tax returns
filed for motor vehicles in order to determine if
sales and use
tax liability has been satisfied. The commissioner
shall refer
cases of apparent violations of section 2921.13 of
the
Revised
Code made in connection with the titling or sale of
a
motor
vehicle and cases of any other apparent violations of
the
sales
or use tax law to the appropriate county prosecutor
whenever
the
commissioner considers it advisable. (3) Two dollars of the amount received by the registrar for
each certificate
of title shall be paid into the state treasury
to
the credit of the automated
title processing fund, which is
hereby
created and which shall consist of
moneys collected under
division
(B)(3) of this section and under
sections 1548.10 and
4519.59 of
the Revised Code. All
investment
earnings of the
fund shall be
credited to the fund. The moneys in the fund shall
be used as
follows: (a) Except for moneys collected under section 1548.10 of the
Revised Code
and as provided in division (B)(3)(c) of this
section,
moneys collected under division (B)(3) of this
section
shall be used to
implement and maintain an automated title
processing system for
the issuance of motor vehicle, off-highway
motorcycle, and
all-purpose vehicle certificates of title in the
offices of the clerks of the courts of common pleas. (b) Moneys collected under section 1548.10 of the Revised
Code shall be used
to issue marine certificates of title in the
offices of the clerks of the
courts of common pleas as provided
in
Chapter 1548. of the Revised
Code. (c)
Moneys collected under division (B)(3) of this
section
shall be used in accordance with
section 4505.25 of the
Revised
Code to implement Sub. S.B. 59 of the 124th general
assembly. (C)(1) The automated title processing board is hereby
created consisting of the registrar or the registrar's
representative, a
person selected by the registrar, the president
of the Ohio
clerks of court association or the president's
representative, and two clerks
of courts of common pleas
appointed
by the governor. The
director of budget and
management or the
director's
designee, the chief of
the
division of watercraft in
the department of natural resources
or
the chief's designee, and
the tax commissioner or
the
commissioner's designee shall
be
nonvoting members of the board.
The purpose of the board is to facilitate the operation and
maintenance of an automated title processing system and approve the procurement of automated title processing system equipment. Voting members of the board, excluding the registrar or the registrar's representative, shall serve without compensation, but shall be reimbursed for travel and other necessary expenses incurred in the conduct of their official duties. The registrar or the registrar's representative shall receive neither compensation nor reimbursement as a board member. (2) The automated title processing board shall determine
each of the following: (a) The automated title processing equipment and
certificates of title requirements for each county; (b) The payment of expenses that may be incurred by the
counties in implementing an automated title processing system; (c) The repayment to the counties for existing title
processing equipment. (3) The registrar shall purchase, lease, or otherwise
acquire any automated title processing equipment and certificates
of title that the board determines are necessary from moneys in
the automated title processing fund established by division
(B)(3)
of this section. (D) All counties shall conform to the requirements of the
registrar regarding the operation of their automated title
processing system for motor vehicle titles, certificates of title
for off-highway motorcycles and all-purpose vehicles, and
certificates of title for
watercraft and outboard motors.
Sec. 4510.037. (A) When the registrar of motor vehicles
determines that the total points charged against any person under
section
4510.036 of the Revised Code exceed five, the registrar
shall send a warning letter to the person at the person's last
known address by regular mail. The warning letter shall list the
reported violations that are the basis of the points charged, list
the number of points charged for each violation, and outline the
suspension provisions of this section. (B) When the registrar determines that the total points
charged
against any person under section 4510.036 of the Revised
Code
within any two-year period beginning on the date of the first
conviction within the two-year period is equal to twelve or more,
the registrar shall send a written notice to the person at the
person's last known address by regular mail. The notice shall
list the reported violations that are the basis of the points
charged, list the number of points charged for each violation, and
state that, because the total number of points charged against the
person within the applicable two-year period is equal to twelve or
more, the registrar is imposing a class D suspension of
the
person's driver's or commercial driver's license or permit or
nonresident
operating privileges
for the period of time specified
in division (B)(4) of section
4510.02 of the Revised Code. The
notice also shall state
that the
suspension is effective on the
twentieth day after the mailing of the notice,
unless the person
files a petition appealing the determination and suspension in the
municipal
court, county court, or, if the
person is under the age
of
eighteen, the juvenile division of the
court of common pleas in
whose jurisdiction the person resides or,
if the person is not a
resident of this state, in the Franklin
county municipal court or
juvenile division of the Franklin county
court of common pleas.
By filing the appeal of the determination and suspension, the
person agrees to
pay the cost of the proceedings in the appeal of
the determination and suspension and alleges that
the person
can
show cause why the person's driver's or commercial driver's
license or permit or
nonresident operating privileges should not
be suspended. (C)(1) Any person against whom at least two but less than
twelve
points have been charged under section 4510.036 of the
Revised
Code may enroll in a course of remedial driving
instruction
that is approved by the director of public
safety.
Upon the person's
completion of an approved
course of remedial
driving instruction, the person may apply to the registrar on a
form prescribed by the registrar for a credit of two points on the
person's driving record. Upon receipt of the application and
proof of completion of the approved remedial driving course,
the
registrar shall approve the two-point credit. The registrar
shall
not approve any credits for a person who completes an approved
course of
remedial driving
instruction pursuant to a judge's order
under section 4510.02 of the
Revised Code. (2) In any three-year period, the registrar shall approve
only one two-point credit on a person's driving record under
division (C)(1) of this section. The registrar shall approve not
more than five two-point credits on a person's driving record
under division (C)(1) of this section during that person's
lifetime. (D) When a judge of a court of record suspends a person's
driver's or commercial driver's license or permit or nonresident
operating
privilege and charges points against the person under
section 4510.036 of the Revised Code for the offense that
resulted
in the suspension, the registrar shall credit that period of
suspension against the time of any subsequent suspension imposed
under this section for which those points were used to impose the
subsequent suspension. When a United States district court
that
has
jurisdiction within this state suspends a person's driver's or
commercial
driver's license or permit or nonresident operating
privileges pursuant to the "Assimilative Crimes
Act," 102 Stat.
4381 (1988), 18 U.S.C.A. 13, as amended, the district court
prepares an abstract pursuant to section 4510.031 of the Revised
Code, and the district court charges
points against the person
under section 4510.036 of the
Revised Code for the offense that
resulted in the suspension, the registrar shall credit the period
of
suspension imposed by the
district court against the time of
any subsequent suspension imposed under
this section for which
the
points were used to impose the subsequent suspension. (E) The registrar, upon the written request of a licensee
who
files a petition under division (B) of this section, shall
furnish
the licensee a certified copy of the registrar's record of
the convictions and
bond forfeitures of
the person. This record
shall include the name, address, and date of birth of
the
licensee; the
name of the court in which each conviction or bail
forfeiture took
place; the nature of the offense that was the
basis of the
conviction or bond forfeiture; and any other
information that the
registrar considers necessary. If the record
indicates that
twelve points or more have been charged against the
person within
a two-year period, it is prima-facie evidence that
the person is a
repeat traffic offender, and the registrar shall
suspend the
person's driver's or commercial driver's license or
permit or
nonresident operating privilege pursuant to division (B)
of this
section. In hearing the petition and determining whether the person
filing
the petition has shown cause why the person's driver's or
commercial
driver's license or permit or nonresident operating
privilege should not
be suspended, the court shall decide the
issue on the record
certified by the registrar and any additional
relevant, competent,
and material evidence that either the
registrar or the person
whose license is sought to be suspended
submits. (F) If a petition is filed under division (B) of this
section in
a county court, the prosecuting attorney of the county
in which the case is
pending shall represent the registrar in the
proceedings, except that, if the
petitioner resides in a municipal
corporation within the
jurisdiction of the county court, the city
director of law,
village solicitor, or other chief legal officer
of the municipal
corporation shall represent the registrar in the
proceedings. If
a petition is filed under division (B) of this
section in a
municipal court, the registrar shall be represented
in the resulting
proceedings as provided in
section 1901.34 of the
Revised Code. (G) If the court determines from the evidence submitted that
a
person who filed a petition under division (B) of this section
has
failed to show cause why the person's driver's or commercial
driver's license
or permit or
nonresident operating privileges
should not be suspended, the court shall
assess against the person
the cost of the proceedings in the appeal of the determination
and suspension and shall impose the
applicable suspension under
this section or suspend all or a
portion of the suspension and
impose any conditions
upon the person that the court
considers proper
or impose upon the person a community control
sanction pursuant to section 2929.15 or 2929.25 of the Revised
Code. If the court
determines from the evidence
submitted that a
person who filed a
petition under division (B) of
this section has
shown cause why
the person's driver's or
commercial driver's
license or permit or
nonresident
operating
privileges
should not
be suspended, the
costs of the appeal
proceeding shall be paid out
of the county
treasury of the county
in which the proceedings were
held. (H) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privileges are suspended under
this section is
not entitled to apply for or receive a new
driver's or commercial driver's license or permit or to request or
be granted nonresident operating privileges during the effective
period of the suspension. (I) Upon the termination of any suspension or other penalty
imposed under this section involving the surrender of license or
permit and
upon the request of the person whose license or
permit
was suspended or surrendered, the registrar shall return
the
license or permit to the person upon determining that the
person
has complied with all provisions of section 4510.038 of the
Revised Code or, if the registrar destroyed the license or
permit
pursuant to section 4510.52 of the Revised Code, shall
reissue the
person's license or permit. (J) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privileges are suspended as a
repeat traffic
offender under this section and who, during the
suspension, operates any motor vehicle upon any public roads
and
highways is guilty of a misdemeanor of the first degree, and
the
court shall sentence the offender to a minimum term of three
days
in jail. No court shall suspend the first three days of jail
time
imposed pursuant to this division. (K) The registrar, in accordance with specific statutory
authority, may suspend the privilege of driving a motor vehicle on
the public
roads and highways of this state that is granted
to
nonresidents by section 4507.04 of the Revised Code.
(L) Any course of remedial driving instruction the director of public safety approves under this section shall require its students to attend at least fifty per cent of the course in person. The director shall not approve any course of remedial driving instruction that permits its students to take more than fifty per cent of the course in any other manner, including via video teleconferencing or the internet. Sec.
4510.038. (A) Any person whose driver's or
commercial
driver's license or
permit is suspended or who is
granted
limited
driving
privileges under section
4510.037,
under division (H)
of
section 4511.19, or under
section 4510.07 of the Revised
Code for
a violation of a municipal
ordinance that is substantially
equivalent to division (B) of
section
4511.19 of the
Revised Code
is not eligible to
retain the
license, or to have the
driving
privileges
reinstated, until each of the following has occurred: (A)(1) The person successfully completes a course of remedial
driving
instruction
approved by the director of public safety. A
minimum of twenty-five per cent
of the number of
hours of
instruction included in the course shall be devoted
to
instruction
on driver attitude.
The course also shall devote a number of hours to instruction
in the area of
alcohol and drugs and the operation of
vehicles.
The instruction
shall
include, but not be limited to, a
review of
the laws governing the operation
of a
vehicle
while under the
influence of alcohol, drugs, or
a combination
of them, the
dangers of operating a
vehicle while under the
influence of
alcohol,
drugs, or
a combination of them, and
other information
relating to the operation of
vehicles and
the
consumption of
alcoholic beverages and use of drugs. The
director, in
consultation with the director of alcohol and drug
addiction
services, shall prescribe the content of the
instruction. The
number of hours
devoted to the area of alcohol
and drugs and the
operation of
vehicles
shall comprise a
minimum of twenty-five per
cent of the number of hours of
instruction included in the course. (B)(2) The person is examined in the manner provided for in
section
4507.20 of the
Revised Code, and found by the registrar of
motor vehicles to be qualified to
operate a motor vehicle;
(C)(3) The person gives and maintains proof of financial
responsibility, in accordance
with section 4509.45 of the Revised
Code.
(B) Any course of remedial driving instruction the director of public safety approves under this section shall require its students to attend at least fifty per cent of the course in person. The director shall not approve any course of remedial driving instruction that permits its students to take more than fifty per cent of the course in any other manner, including via video teleconferencing or the internet. Sec. 4511.092. (A) As used in this section: (1) "Motor vehicle leasing dealer" has the same meaning as in section 4517.01 of the Revised Code.
(2) "Motor vehicle renting dealer" has the same meaning as in section 4549.65 of the Revised Code.
(3) "Ticket" means any traffic ticket, citation, summons, or other notice of liability issued in response to an alleged traffic law violation detected by a traffic law photo-monitoring device.
(4) "Traffic law photo-monitoring device" means an electronic system consisting of a photographic, video, or electronic camera and a means of sensing the presence of a motor vehicle that automatically produces photographs, videotape, or digital images of the vehicle or its license plate. (B) A motor vehicle leasing dealer or motor vehicle renting dealer who receives a ticket for an alleged traffic law violation detected by a traffic law photo-monitoring device is not liable for a ticket issued for a vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation. A dealer who receives a ticket for such a violation shall notify whoever issued the ticket of the vehicle lessee's or renter's name and address. In no case shall the dealer pay such a ticket and then attempt to collect a fee or assess the lessee or renter a charge for any payment of such a ticket made on behalf of the lessee or renter. Sec. 4511.21. (A) No person shall operate a motor
vehicle,
trackless trolley, or streetcar at a speed greater or
less than is
reasonable or proper, having due regard to the
traffic, surface,
and width of the street or highway and any
other conditions, and
no person shall drive any motor vehicle,
trackless trolley, or
streetcar in and upon any street or highway
at a greater speed
than will permit the person to bring it
to a stop within the
assured clear distance ahead. (B) It is prima-facie lawful, in the absence of a lower
limit declared pursuant to this section by the director of
transportation or local authorities, for the operator of a motor
vehicle, trackless trolley, or streetcar to operate the same at a
speed not exceeding the following: (1)(a) Twenty miles per hour in school zones during school
recess and while children are going to or leaving school during
the opening or closing hours, and when twenty miles per hour
school speed limit signs are erected; except that, on
controlled-access highways and expressways, if the right-of-way
line fence has been erected without pedestrian opening, the speed
shall be governed by division (B)(4) of this section and on
freeways, if the right-of-way line fence has been erected without
pedestrian opening, the speed shall be governed by divisions
(B)(9) and (10) of this section. The end of every school zone may
be marked by a sign indicating the end of the zone. Nothing in
this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or
other lights, or giving other special notice of the hours in
which
the school zone speed limit is in effect. (b) As used in this section and in section 4511.212 of the
Revised Code, "school" means any school chartered under section
3301.16 of the Revised Code and any nonchartered school that
during the preceding year filed with the department of education
in compliance with rule 3301-35-08 of the Ohio Administrative
Code, a copy of the school's report for the parents of the
school's pupils certifying that the school meets Ohio minimum
standards for nonchartered, nontax-supported schools and presents
evidence of this filing to the jurisdiction from which it is
requesting the establishment of a school zone. "School" also includes a special elementary school that in writing requests the county engineer of the county in which the special elementary school is located to create a school zone at the location of that school. Upon receipt of such a written request, the county engineer shall create a school zone at that location by erecting the appropriate signs.
(c) As used in this section, "school zone" means that
portion of a street or highway passing a school fronting upon the
street or highway that is encompassed by projecting the school
property lines to the fronting street or highway, and also
includes that portion of a state highway. Upon request from
local
authorities for streets and highways under their
jurisdiction and
that portion of a state highway under the
jurisdiction of the
director of transportation or a request from a county engineer in the case of a school zone for a special elementary school, the director may
extend the
traditional school zone boundaries. The distances in
divisions
(B)(1)(c)(i), (ii), and (iii) of this section shall not
exceed
three hundred feet per approach per direction and are
bounded by
whichever of the following distances or combinations
thereof the
director approves as most appropriate: (i) The distance encompassed by projecting the school
building lines normal to the fronting highway and extending a
distance of three hundred feet on each approach direction; (ii) The distance encompassed by projecting the school
property lines intersecting the fronting highway and extending a
distance of three hundred feet on each approach direction; (iii) The distance encompassed by the special marking of
the
pavement for a principal school pupil crosswalk plus a
distance of
three hundred feet on each approach direction of the
highway. Nothing in this section shall be construed to invalidate
the
director's initial action on August 9, 1976, establishing all
school zones at the traditional school zone boundaries defined by
projecting school property lines, except when those boundaries
are
extended as provided in divisions (B)(1)(a) and (c) of this
section. (d) As used in this division, "crosswalk" has the meaning
given that term in division (LL)(2) of section 4511.01 of the
Revised Code. The director may, upon request by resolution of the
legislative authority of a municipal corporation, the board of
trustees of a township, or a county board of mental retardation
and developmental disabilities created pursuant to Chapter 5126.
of the Revised Code, and upon submission by the municipal
corporation, township, or county board of such engineering,
traffic, and other information as the director considers
necessary, designate a school zone on any portion of a state
route
lying within the municipal corporation, lying within the
unincorporated territory of the township, or lying adjacent to
the
property of a school that is operated by such county board,
that
includes a crosswalk customarily used by children going to
or
leaving a school during recess and opening and closing hours,
whenever the distance, as measured in a straight line, from the
school property line nearest the crosswalk to the nearest point
of
the crosswalk is no more than one thousand three hundred
twenty
feet. Such a school zone shall include the distance
encompassed
by the crosswalk and extending three hundred feet on
each approach
direction of the state route.
(e) As used in this section, "special elementary school" means a school that meets all of the following criteria: (i) It is not chartered and does not receive tax revenue from any source. (ii) It does not educate children beyond the eighth grade. (iii) It is located outside the limits of a municipal corporation. (iv) A majority of the total number of students enrolled at the school are not related by blood. (v) The principal or other person in charge of the special elementary school annually sends a report to the superintendent of the school district in which the special elementary school is located indicating the total number of students enrolled at the school, but otherwise the principal or other person in charge does not report any other information or data to the superintendent. (2) Twenty-five miles per hour in all other portions of a
municipal corporation, except on state routes outside business
districts, through highways outside business districts, and
alleys; (3) Thirty-five miles per hour on all state routes or
through highways within municipal corporations outside business
districts, except as provided in divisions (B)(4) and (6) of this
section; (4) Fifty miles per hour on controlled-access highways and
expressways within municipal corporations; (5) Fifty-five miles per hour on highways outside
municipal corporations, other than highways within island jurisdictions as provided in division (B)(8) of this section and freeways as provided in
division (B)(13) of this section; (6) Fifty miles per hour on state routes within municipal
corporations outside urban districts unless a lower prima-facie
speed is established as further provided in this section; (7) Fifteen miles per hour on all alleys within the
municipal corporation; (8) Thirty-five miles per hour on highways outside municipal corporations that are within an island jurisdiction; (9) Fifty-five miles per hour at all times on freeways
with
paved shoulders inside municipal corporations, other than
freeways
as provided in division (B)(13) of this section; (10) Fifty-five miles per hour at all times on freeways
outside municipal corporations, other than freeways as provided
in
division (B)(13) of this section; (11) Fifty-five miles per hour at all times on all
portions
of freeways that are part of the interstate system and on all
portions
of freeways
that are not part of the
interstate system,
but are built to the standards and specifications that are
applicable to freeways that are part of the interstate system
for
operators of any motor vehicle
weighing in excess of eight
thousand pounds empty weight and any
noncommercial bus; (12) Fifty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of freeways that
are part of the interstate system
and that had such a speed limit
established prior to
October 1, 1995, and freeways that are not
part of the interstate system, but are built to the standards and
specifications that are applicable to freeways that are part of
the interstate
system and that had such a speed limit established
prior to
October 1, 1995, unless a higher speed limit
is
established under division (L) of this
section; (13) Sixty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of the following: (a) Freeways that are part of the interstate system
and that
had such a speed limit established prior to
October 1, 1995, and
freeways that are not
part of the interstate system, but are built
to the standards and
specifications that are applicable to
freeways that are part of the interstate
system and that had such
a speed limit established prior to
October 1, 1995; (b) Freeways that are part of the interstate system
and
freeways that are not part of the interstate system but are built
to the
standards and specifications that are applicable to
freeways that are part of
the interstate system, and that had such
a speed limit established under
division (L) of this section; (c) Rural, divided, multi-lane highways
that are designated
as part of the national highway system under the
"National
Highway
System
Designation
Act of 1995," 109
Stat. 568, 23
U.S.C.A.
103,
and that had such a speed limit established under division
(M) of
this section. (C) It is prima-facie unlawful for any person to exceed
any
of the speed limitations in divisions (B)(1)(a), (2), (3),
(4),
(6), (7), and (8) of this section, or any declared pursuant to
this
section by the director or local authorities and it is
unlawful
for any person to exceed any of the speed
limitations
in division
(D) of this section. No person shall be convicted of
more than
one violation of this section for the same conduct,
although
violations of more than one provision of this section
may be
charged in the alternative in a single affidavit. (D) No person shall operate a motor vehicle, trackless
trolley, or streetcar upon a street or highway as follows: (1) At a speed exceeding fifty-five miles per hour, except
upon a freeway as provided in division (B)(13) of this
section; (2) At a speed exceeding sixty-five miles per hour upon a
freeway as provided in division (B)(13) of this section
except as
otherwise provided in division (D)(3) of this section; (3) If a motor vehicle weighing in excess of eight
thousand
pounds empty weight or a noncommercial bus as prescribed
in
division (B)(11) of this section, at a speed exceeding
fifty-five
miles per hour upon a freeway as provided in that
division; (4) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit of not more than
sixty-five miles per hour pursuant to
division
(L)(2) or (M) of this section; (5) At a speed exceeding sixty-five miles per hour upon a
freeway for
which such a speed limit has been established through
the operation of
division
(L)(3) of this section; (6) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit pursuant to division
(I)(2) of this section. (E) In every charge of violation of this section the
affidavit and warrant shall specify the time, place, and speed at
which the defendant is alleged to have driven, and in charges
made
in reliance upon division (C) of this section also the speed
which
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a
limit
declared pursuant to, this section declares is prima-facie
lawful
at the time and place of such alleged violation, except
that in
affidavits where a person is alleged to have driven at a
greater
speed than will permit the person to bring the
vehicle to a stop
within the assured clear distance ahead the affidavit and warrant
need not specify the speed at which the defendant is alleged to
have driven. (F) When a speed in excess of both a prima-facie
limitation
and a limitation in division (D)(1), (2),
(3), (4), (5), or (6) of
this
section is alleged, the defendant shall be charged in a
single
affidavit, alleging a single act, with a violation
indicated of
both division (B)(1)(a), (2), (3), (4), (6), (7), or (8)
of this
section, or of a limit declared pursuant to this section
by the
director or local authorities, and of the limitation in
division
(D)(1), (2), (3), (4), (5),
or (6) of this section. If
the court finds a violation of
division (B)(1)(a), (2), (3), (4),
(6), (7), or (8) of, or a limit
declared pursuant to, this section has
occurred, it shall enter a
judgment of conviction under such
division and dismiss the charge
under division (D)(1), (2), (3),
(4), (5), or (6) of this section. If it
finds no
violation of
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of,
or a limit
declared pursuant to, this section, it shall then
consider whether
the evidence supports a conviction under
division (D)(1), (2),
(3), (4),
(5), or (6) of this section. (G) Points shall be assessed for violation of a limitation
under division (D) of this section
in accordance with section
4510.036
of the Revised Code. (H) Whenever the director determines
upon the basis of a
geometric and traffic
characteristic study that
any speed limit
set forth in divisions (B)(1)(a) to (D) of this
section is greater
or less than is reasonable or safe under the
conditions found to
exist at any portion of a street or highway under the
jurisdiction
of the director, the director shall determine and
declare a
reasonable and safe prima-facie speed limit, which
shall be
effective when appropriate signs giving notice of it are
erected
at the
location. (I)(1) Except as provided in divisions
(I)(2) and (K) of
this section,
whenever local authorities determine upon the basis
of an
engineering and traffic investigation that the speed
permitted by
divisions (B)(1)(a) to (D) of this section, on any
part of a
highway under their jurisdiction, is greater than is
reasonable
and safe under the conditions found to exist at such
location,
the local authorities may by resolution request the
director to
determine and declare a reasonable and safe
prima-facie speed
limit. Upon receipt of such request the
director may determine
and declare a reasonable and safe
prima-facie speed limit at such
location, and if the director does
so, then such declared speed
limit shall become effective only
when appropriate signs giving
notice thereof are erected at such
location by the local
authorities. The director may withdraw the
declaration of
a
prima-facie speed limit whenever in the
director's opinion
the altered
prima-facie speed becomes
unreasonable. Upon
such withdrawal,
the declared prima-facie
speed shall become ineffective and the
signs relating thereto
shall be immediately removed by the local
authorities. (2) A local authority may determine on the basis of a
geometric
and traffic characteristic study that the speed limit of
sixty-five miles per
hour on a portion of a freeway under its
jurisdiction that was established
through the operation of
division (L)(3) of
this section is greater than is reasonable or
safe under the conditions found
to exist at that portion of the
freeway. If the local authority makes such a
determination, the
local authority by resolution may request the director to
determine and declare a reasonable and safe speed limit of not
less than
fifty-five miles per hour for that portion of the
freeway. If the director
takes such action, the declared speed
limit becomes effective only when
appropriate signs giving notice
of it are erected at such location by the
local authority. (J) Local authorities in their respective jurisdictions
may
authorize by ordinance higher prima-facie speeds than those
stated
in this section upon through highways, or upon highways or
portions thereof where there are no intersections, or between
widely spaced intersections, provided signs are erected giving
notice of the authorized speed, but local authorities shall not
modify or alter the basic rule set forth in division (A) of this
section or in any event authorize by ordinance a speed in excess
of fifty miles per hour. Alteration of prima-facie limits on state routes by local
authorities shall not be effective until the alteration has been
approved by the director. The director may withdraw approval
of
any altered prima-facie speed limits whenever in the
director's
opinion
any altered prima-facie speed becomes unreasonable, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities. (K)(1) As used in divisions (K)(1), (2), (3), and (4) of
this section, "unimproved highway" means a highway consisting of
any of the following: (a) Unimproved earth; (b) Unimproved graded and drained earth; (c) Gravel. (2) Except as otherwise provided in divisions (K)(4) and
(5)
of this section, whenever a board of township trustees
determines
upon the basis of an engineering and traffic
investigation that
the speed permitted by division (B)(5) of this
section on any part
of an unimproved highway under its
jurisdiction and in the
unincorporated territory of the township
is greater than is
reasonable or safe under the conditions found
to exist at the
location, the board may by resolution declare a
reasonable and
safe prima-facie speed limit of fifty-five but not
less than
twenty-five miles per hour. An altered speed limit
adopted by a
board of township trustees under this division
becomes effective
when appropriate traffic control devices, as
prescribed in section
4511.11 of the Revised Code, giving notice
thereof are erected at
the location, which shall be no sooner
than sixty days after
adoption of the resolution. (3)(a) Whenever, in the opinion of a board of township
trustees, any altered prima-facie speed limit established by the
board under this division becomes unreasonable, the board may
adopt a resolution withdrawing the altered prima-facie speed
limit. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed. (b) Whenever a highway ceases to be an unimproved highway
and the board has adopted an altered prima-facie speed limit
pursuant to division (K)(2) of this section, the board shall, by
resolution, withdraw the altered prima-facie speed limit as soon
as the highway ceases to be unimproved. Upon the adoption of
such
a resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto
shall
be immediately removed. (4)(a) If the boundary of two townships rests on the
centerline of an unimproved highway in unincorporated territory
and both townships have jurisdiction over the highway, neither of
the boards of township trustees of such townships may declare an
altered prima-facie speed limit pursuant to division (K)(2) of
this section on the part of the highway under their joint
jurisdiction unless the boards of township trustees of both of
the
townships determine, upon the basis of an engineering and
traffic
investigation, that the speed permitted by division
(B)(5) of this
section is greater than is reasonable or safe
under the conditions
found to exist at the location and both
boards agree upon a
reasonable and safe prima-facie speed limit
of less than
fifty-five but not less than twenty-five miles per
hour for that
location. If both boards so agree, each shall
follow the
procedure specified in division (K)(2) of this section
for
altering the prima-facie speed limit on the highway. Except
as
otherwise provided in division (K)(4)(b) of this section, no
speed
limit altered pursuant to division (K)(4)(a) of this
section may
be withdrawn unless the boards of township trustees
of both
townships determine that the altered prima-facie speed
limit
previously adopted becomes unreasonable and each board
adopts a
resolution withdrawing the altered prima-facie speed
limit
pursuant to the procedure specified in division (K)(3)(a)
of this
section. (b) Whenever a highway described in division (K)(4)(a) of
this section ceases to be an unimproved highway and two boards of
township trustees have adopted an altered prima-facie speed limit
pursuant to division (K)(4)(a) of this section, both boards
shall,
by resolution, withdraw the altered prima-facie speed
limit as
soon as the highway ceases to be unimproved. Upon the
adoption of
the resolution, the altered prima-facie speed limit
becomes
ineffective and the traffic control devices relating
thereto shall
be immediately removed. (5) As used in division (K)(5) of this section: (a) "Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway where, for a distance of three hundred feet or more, the
frontage is improved with buildings in use for commercial
purposes, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with
buildings in use for commercial purposes. (b) "Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway, where, for a distance of three hundred feet or more, the
frontage is improved with residences or residences and buildings
in use for business, or where the entire length of the highway is
less than three hundred feet long and the frontage is improved
with residences or residences and buildings in use for business. Whenever a board of township trustees finds upon the basis
of
an engineering and traffic investigation that the prima-facie
speed permitted by division (B)(5) of this section on any part of
a highway under its jurisdiction that is located in a commercial
or residential subdivision, except on highways or portions
thereof
at the entrances to which vehicular traffic from the
majority of
intersecting highways is required to yield the
right-of-way to
vehicles on such highways in obedience to stop or
yield signs or
traffic control signals, is greater than is
reasonable and safe
under the conditions found to exist at the
location, the board may
by resolution declare a reasonable and
safe prima-facie speed
limit of less than fifty-five but not less
than twenty-five miles
per hour at the location. An altered
speed limit adopted by a
board of township trustees under this
division shall become
effective when appropriate signs giving
notice thereof are erected
at the location by the township.
Whenever, in the opinion of a
board of township trustees, any
altered prima-facie speed limit
established by it under this
division becomes unreasonable, it may
adopt a resolution
withdrawing the altered prima-facie speed, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective, and the signs relating thereto shall be immediately
removed by the township. (L)(1) Within one
hundred twenty days of
February 29, 1996,
the director of
transportation, based upon a
geometric and traffic
characteristic
study of a
freeway that is
part of the interstate
system or that
is not part of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system, in consultation
with the
director of public
safety and, if applicable, the local
authority
having jurisdiction
over a portion of such freeway, may
determine
and declare
that the
speed limit of less than sixty-five
miles per
hour established on
such
freeway or portion of freeway
either is
reasonable and safe
or is less than
that which is
reasonable and
safe. (2) If the established speed limit for such a freeway or
portion of
freeway is determined to be less than that which is
reasonable and safe, the
director of transportation, in
consultation with the director of public safety
and, if
applicable, the local authority having jurisdiction over the
portion
of
freeway, shall determine and declare a reasonable and
safe speed limit of not
more than sixty-five miles per hour for
that freeway or portion of freeway. The director of transportation or local authority having
jurisdiction
over the freeway or portion of freeway shall erect
appropriate signs giving
notice of the speed limit at such
location within
one hundred fifty days of
February 29, 1996.
Such
speed
limit becomes
effective only when such
signs are
erected at
the location. (3) If, within one hundred twenty days of
February 29,
1996, the director of
transportation does not make a
determination
and
declaration of a
reasonable and safe speed limit
for a freeway
or portion of
freeway that is part of the interstate
system or
that is not part
of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system and that has a
speed limit of
less than
sixty-five miles per hour, the speed
limit on that
freeway or
portion of a freeway shall be sixty-five
miles per
hour. The
director of transportation or local authority
having
jurisdiction
over the
freeway or portion of the freeway
shall
erect appropriate
signs giving notice
of the speed limit of
sixty-five miles per
hour at such location within one
hundred
fifty days of
February 29, 1996. Such speed
limit
becomes
effective only when such signs are erected at the
location. A
speed
limit established through the operation of
division
(L)(3)
of this section is subject to reduction
under
division (I)(2) of
this section. (M) Within three hundred sixty days
after
February 29,
1996, the director of
transportation,
based upon a
geometric and
traffic characteristic
study of a rural, divided,
multi-lane
highway that has been
designated as part of the
national highway
system under the
"National
Highway
System
Designation
Act of
1995," 109
Stat. 568,
23
U.S.C.A.
103, in
consultation with the
director of public
safety and, if
applicable,
the
local authority
having jurisdiction
over a portion
of the highway, may
determine
and declare that the
speed limit of
less than sixty-five miles per
hour established on
the highway or
portion of highway either is
reasonable and
safe or
is less than
that which is reasonable and
safe. If the established speed limit for the highway or portion of
highway is
determined to be less than that which is reasonable and
safe, the director of
transportation, in consultation with the
director of public safety and, if
applicable, the local authority
having jurisdiction over the portion of
highway, shall determine
and declare a reasonable and safe speed limit of not
more than
sixty-five miles per hour for that highway or portion of highway.
The director of transportation or local authority having
jurisdiction over the
highway or portion of highway shall erect
appropriate signs giving notice of
the speed limit at such
location within three hundred ninety days after
February 29,
1996. The speed limit becomes
effective only when
such signs are
erected at the location. (N)(1)(a) If the boundary of two local authorities rests on the centerline of a highway and both authorities have jurisdiction over the highway, the speed limit for the part of the highway within their joint jurisdiction shall be either one of the following as agreed to by both authorities: (i) Either prima-facie speed limit permitted by division (B) of this section; (ii) An altered speed limit determined and posted in accordance with this section. (b) If the local authorities are unable to reach an agreement, the speed limit shall remain as established and posted under this section. (2) Neither local authority may declare an altered prima-facie speed limit pursuant to this section on the part of the highway under their joint jurisdiction unless both of the local authorities determine, upon the basis of an engineering and traffic investigation, that the speed permitted by this section is greater than is reasonable or safe under the conditions found to exist at the location and both authorities agree upon a uniform reasonable and safe prima-facie speed limit of less than fifty-five but not less than twenty-five miles per hour for that location. If both authorities so agree, each shall follow the procedure specified in this section for altering the prima-facie speed limit on the highway, and the speed limit for the part of the highway within their joint jurisdiction shall be uniformly altered. No altered speed limit may be withdrawn unless both local authorities determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in this section. (O) As used in this section: (1) "Interstate system" has the same meaning as in 23
U.S.C.A. 101. (2) "Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the
transportation
of persons for compensation. (3) "Noncommercial bus" includes but is not limited to a
school bus or a motor vehicle operated solely for the
transportation of persons associated with a charitable or
nonprofit organization. (P)(1) A violation of any provision of this section
is one
of the following: (a) Except as otherwise provided in divisions
(P)(1)(b),
(1)(c), (2), and
(3) of this section, a minor misdemeanor; (b) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to two
violations of any provision of
this section or of any provision of
a municipal ordinance that is
substantially similar to any
provision of this section, a misdemeanor of the
fourth degree; (c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to three or
more violations
of any
provision of this section or of any
provision of a municipal ordinance that is
substantially similar
to any provision of this section, a misdemeanor of the
third
degree. (2) If the offender has not previously been convicted of or
pleaded guilty
to a violation of any provision of this section or
of any provision of a
municipal ordinance that is substantially
similar to this section and operated
a motor vehicle faster than
thirty-five
miles an hour in a business district of a municipal
corporation,
faster than fifty miles an hour in other portions of
a municipal
corporation, or faster than thirty-five miles an hour
in a school
zone during recess or while children are going to or
leaving
school during the school's opening or closing hours, a
misdemeanor of the
fourth degree. (3) Notwithstanding division (P)(1) of this section, if the
offender operated a motor vehicle in a construction
zone where a
sign was then posted in accordance with section
4511.98 of the
Revised Code, the court, in addition to all
other
penalties
provided by law, shall impose upon the offender a fine of two
times
the usual amount
imposed for the violation. No court shall
impose a
fine of two times the usual amount imposed for the
violation upon
an offender if the offender alleges, in an
affidavit filed with the court
prior to the offender's sentencing,
that the offender is indigent
and is unable to pay the fine
imposed pursuant to this division
and if the court determines that
the offender is an indigent person
and unable to pay the fine.
Sec. 4513.20.
(A) The following requirements govern as to
brake equipment on vehicles: (1) Every trackless trolley and motor vehicle, other than
a
motorcycle, when operated upon a highway shall be equipped with
brakes adequate to control the movement of and to stop and hold
such trackless trolley or motor vehicle, including two separate
means of applying the brakes, each of which means shall be
effective to apply the brakes to at least two wheels. If these
two separate means of applying the brakes are connected in any
way, then on such trackless trolleys or motor vehicles
manufactured or assembled after January 1, 1942, they shall be so
constructed that failure of any one part of the operating
mechanism shall not leave the trackless trolley or motor vehicle
without brakes on at least two wheels. (2) Every motorcycle, when operated upon a highway shall
be
equipped with at least one adequate brake, which may be
operated
by hand or by foot. (3) Every motorized bicycle shall be equipped with brakes
meeting the rules adopted by the director of public safety under
section 4511.521 of the Revised Code. (4) When operated upon the
highways of this state, the
following vehicles shall be equipped
with brakes adequate to
control the movement of and to stop and to hold the vehicle,
designed to be
applied by the driver of the
towing motor vehicle
from its cab, and
also designed
and connected so that, in case of
a breakaway of the towed vehicle, the
brakes shall be
automatically applied: (a) Every Except as otherwise provided in this section, every trailer or semitrailer, except a pole trailer,
with an
empty weight of two thousand pounds or more, manufactured
or assembled
on or after January 1, 1942; (b) Every manufactured home or travel trailer with an
empty
weight of two thousand pounds or more, manufactured or
assembled
on or
after January 1, 2001. (5) Every watercraft trailer with a gross weight or manufacturer's gross vehicle weight rating of three thousand pounds or more that is manufactured or assembled on or after January 1, 2008, shall have separate brakes equipped with hydraulic surge or electrically operated brakes on two wheels. (6) In any combination of motor-drawn trailers or
semitrailers equipped with brakes, means shall be provided for
applying the rearmost brakes in approximate synchronism with the
brakes on the towing vehicle, and developing the required braking
effort on the rearmost wheels at the fastest rate; or means shall
be provided for applying braking effort first on the rearmost
brakes; or both of the above means, capable of being used
alternatively, may be employed. (6)(7) Every vehicle and combination of vehicles, except
motorcycles and motorized bicycles, and except trailers and
semitrailers of a gross weight of less than two thousand pounds,
and pole trailers, shall be equipped with parking brakes adequate
to hold the vehicle on any grade on which it is operated, under
all conditions of loading, on a surface free from snow, ice, or
loose material. The parking brakes shall be capable of being
applied in conformance with the foregoing requirements by the
driver's muscular effort or by spring action or by equivalent
means. Their operation may be assisted by the service brakes or
other source of power provided that failure of the service brake
actuation system or other power assisting mechanism will not
prevent the parking brakes from being applied in conformance with
the foregoing requirements. The parking brakes shall be so
designed that when once applied they shall remain applied with
the
required effectiveness despite exhaustion of any source of
energy
or leakage of any kind.
(7)(8) The same brake drums, brake shoes and lining
assemblies,
brake shoe anchors, and mechanical brake shoe
actuation mechanism
normally associated with the wheel brake
assemblies may be used
for both the service brakes and the
parking
brakes. If the means
of applying the parking brakes and
the
service brakes are
connected in any way, they shall be so
constructed that failure of
any one part shall not leave the
vehicle without operative brakes.
(8)(9) Every trackless trolley, motor vehicle, or
combination
of motor-drawn vehicles shall be capable at all times
and under
all conditions of loading of being stopped on a dry,
smooth,
level
road free from loose material, upon application of
the
service or
foot brake, within the following specified
distances,
or shall be
capable of being decelerated at a sustained
rate
corresponding to
these distances:
(a) Trackless trolleys, vehicles, or combinations of
vehicles having brakes on all wheels shall come to a stop in
thirty feet or less from a speed of twenty miles per hour. (b) Vehicles or combinations of vehicles not having
brakes
on all wheels shall come to a stop in forty feet or less
from a
speed of twenty miles per hour. (9)(10) All brakes shall be maintained in good working order
and
shall be so adjusted as to operate as equally as practicable
with
respect to the wheels on opposite sides of the trackless
trolley
or vehicle.
(B) Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code. Sec. 4517.021. (A) Sections 4517.01, 4517.02, and 4517.03 to 4517.45 of the Revised Code do not apply to a person auctioning classic motor vehicles, provided all of the following apply:
(1) The person is responsible for not more than two auctions of classic motor vehicles per year, with no auction lasting more than one day;
(2) The person requests and receives permission for the auction from the registrar of motor vehicles by filing an application for each proposed auction of classic motor vehicles, at least thirty days before the auction, in a form prescribed by the registrar, signed and sworn to by the person, that contains all of the following:
(a) The person's name and business address;
(b) The location of the auction;
(c) Evidence, sufficient to satisfy the registrar, that the person does not exclusively sell motor vehicles;
(d) Any necessary, reasonable, and relevant information that the registrar may require to verify compliance with this section.
(3) The person will be auctioning the classic motor vehicle to the general public for the legal owner of the vehicle, which ownership must be evidenced at the time of the auction by a valid certificate of title issued pursuant to Chapter 4505. of the Revised Code;
(4) The person keeps a record of the following information for each classic motor vehicle offered for sale at auction, in a manner prescribed by the registrar:
(a) The certificate of title number, county, and state of registration; (b) The year, make, model, and vehicle identification number;
(c) The name and address of the person offering the vehicle for sale;
(d) The name and address of any vehicle purchaser;
(e) The date the vehicle is offered for sale;
(f) Any purchase price;
(g) The odometer reading at the time of the auction and an odometer statement from the person offering the vehicle for sale at auction that complies with 49 U.S.C. 32705.
(5) The person allows reasonable inspection by the registrar of the person's records relating to each classic motor vehicle auction.
(B) Any person that auctions classic motor vehicles under this section shall use the auction services of an auction firm to conduct the auction. (C) The registrar may refuse permission to hold an auction if the registrar finds that the person has not complied with division (A) of this section or has made a false statement of a material fact in the application filed under division (A)(2) of this section.
(D) The registrar shall not authorize a person licensed under section 4707.072 of the Revised Code to offer auction services or act as an auctioneer in regard to an auction of classic motor vehicles pursuant to this section.
(E) As used in this section: (1) "Auction firm" and "auction services" have the same meanings as in section 4707.01 of the Revised Code.
(2)
"Classic motor vehicle" means a motor vehicle that is over twenty-six years old. Sec. 4517.21.
(A) No motor vehicle auction owner licensed
under Chapter 4517. of the Revised Code shall: (1) Engage in the sale of motor vehicles at retail from
the
same licensed location; (2) Knowingly permit the auctioning of a motor vehicle if
the motor vehicle auction owner has reasonable cause to
believe it
is not being offered for
sale by the legal owner of the motor
vehicle; (3) Knowingly permit the sale of a motor vehicle to any
person except a the following: (a) A motor vehicle dealer licensed in this state or
any
other jurisdiction, or any other person licensed pursuant to
Chapter 4517.
of the Revised Code or a
substantially similar
statute of any other jurisdiction; (b) A person who purchases a motor vehicle from a licensed motor vehicle dealer at an auction of motor vehicles conducted at the licensed motor vehicle dealer's place of business in accordance with division (B) of this section; (c)
A person who purchases a classic motor vehicle, as defined in section 4517.021 of the Revised Code, at an auction conducted at the established place of business of a licensed motor vehicle auction owner where only classic motor vehicles are being auctioned. (4) Knowingly permit the sale of a motor vehicle by any
person who is not licensed pursuant to Chapter
4517. of the
Revised Code; (5) Knowingly permit any person to violate section
4517.19
of the Revised Code; (6) Deny reasonable inspection of the motor vehicle
auction
owner's business records,
relating to the sale of motor
vehicles,
to the registrar of motor
vehicles or the attorney
general, when
requested in writing to do
so. The motor vehicle
auction owner
shall maintain for a period of six
years
from the
date of the sale
of a motor vehicle at least the
following
information: (a) The year, make, model and vehicle identification
number
of the motor vehicle; (b) The name and address of the selling dealer; (c) The name and address of the buying dealer; (d) The date of the sale; (e) The purchase price; (f) The odometer reading of the motor vehicle at the time
of
sale and an odometer disclosure statement from the seller that
complies with subchapter IV of the "Motor Vehicle Information and
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. A motor vehicle auction owner may supplement the required
information
with any additional information the motor vehicle
auction
owner considers appropriate. (7) Knowingly permit a dealer whose license has been
suspended
or revoked,
or a person whose application for a license
to operate
as a dealer has been denied, to
participate as a buyer
or seller at the motor vehicle auction
owner's auction after
notification by the registrar of the suspension or revocation of
a
license, or denial of an application for a license. The registrar
shall
notify each auction owner by
certified mail, return receipt
requested, within five business
days of the suspension or
revocation of a license, or
the denial of an application for
license. Any motor
vehicle
auction owner who has knowledge of the
presence at the motor
vehicle auction owner's auction of
a dealer
whose license has
been suspended or revoked, or of a person whose
application for a
license to operate as a dealer has been denied,
shall immediately cause the
removal
of the person from the
auction. (8) Knowingly accept a motor vehicle for sale or possible
sale by a dealer whose license has been
suspended or revoked,
during the period of suspension or
revocation, or by a person
whose application for a license to operate as a
dealer has
been
denied, after notification by the registrar, in accordance
with
division (G) of this section, of the suspension or
revocation of
the license, or denial of an application
for a license. (9) Knowingly permit the auctioning of a motor vehicle
whose
ownership is not evidenced at the time of auctioning by a
current
certificate of title or a manufacturer's certificate of
origin,
and all title assignments that evidence the seller's
ownership of
the motor vehicle, without first giving clear and
unequivocal
notice of the lack of such evidence. (B)
Notwithstanding any provision of Chapter 4517. of the Revised Code to the contrary, a licensed motor vehicle auction owner, in addition to engaging in the business of auctioning motor vehicles at the auction owner's established place of business, may engage in the business of auctioning a licensed motor vehicle dealer's motor vehicles at that licensed motor vehicle dealer's established place of business, provided such dealer's place of business is not owned, operated, or in any way managed by a motor vehicle auction owner or subsidiary. The motor vehicle auction owner is not required to obtain an additional license for each dealer's premises at which the motor vehicle auction owner is engaging in the business of auctioning motor vehicles, regardless of whether the dealer's premises are located in another county, but the motor vehicle auction owner is required to have a certified copy of the auction owner's license available for inspection when the auction owner is engaging in the business of auctioning motor vehicles at an established place of business of a licensed motor vehicle dealer. (C) Whoever violates this section is guilty of a misdemeanor
of
the fourth
degree. Sec. 4519.59. (A) The clerk of
a court of common pleas
shall
charge a fee
of five dollars for each certificate of
title,
duplicate certificate
of title, memorandum certificate of
title,
authorization to print
a non-negotiable evidence of
ownership
described in division (D) of section 4519.58 of the
Revised Code, non-negotiable evidence of ownership printed by the
clerk under division (E) of that section,
and
notation of
any
lien on a
certificate of title. The clerk shall
retain two
dollars and twenty-five
cents
of the fee charged for
each
certificate of title, four dollars and
seventy-five
cents
of the
fee charged for each duplicate certificate of title,
all
of the
fees charged for each memorandum certificate,
authorization to
print a non-negotiable evidence of ownership, or non-negotiable
evidence of ownership printed by the clerk,
and four dollars and
twenty-five cents of the fee charged for
each notation of a lien. The remaining two dollars and seventy-five cents charged for
the
certificate of title, the remaining twenty-five cents charged
for the
duplicate
certificate of title, and the remaining
seventy-five cents charged
for the notation of any lien on a
certificate of title shall be paid to the
registrar of motor
vehicles by monthly returns, which shall be forwarded to
the
registrar not later than the fifth day of the month next
succeeding that in
which the certificate is forwarded or that in
which the registrar is notified
of a lien or cancellation
of a
lien. (B)(1) The
registrar shall pay twenty-five cents of the
amount received for
each certificate of title and all of the
amounts received for
each notation of any lien and each duplicate
certificate of
title into the state bureau of motor vehicles fund
established
in section 4501.25 of the
Revised
Code. (2) Fifty cents of the amount received for
each certificate
of title shall be paid by the registrar as
follows: (a) Four cents shall be
paid into the state treasury to the
credit of the motor vehicle
dealers board fund created in section
4505.09 of the
Revised
Code, for use as described in
division
(B)(2)(a)
of that section. (b) Twenty-one cents
shall be paid into the general revenue highway operating
fund. (c) Twenty-five cents
shall be paid into the state treasury
to the credit of the motor
vehicle sales audit fund created in
section 4505.09 of the
Revised
Code, for use as described in
division
(B)(2)(c)
of that section. (3) Two dollars of the amount received by
the registrar for
each certificate of title shall be paid into
the state treasury
to
the credit of the automated title
processing fund created in
section 4505.09 of the
Revised
Code, for use as described in
divisions (B)(3)(a)
and
(c) of that section.
Sec. 4561.18. (A) The owner of any aircraft that is based in this state and that is not of a type specified in divisions (A)(1) to (6) of section 4561.17 of the Revised Code, shall register that aircraft with the department of transportation pursuant to this section.
(B) Applications for the licensing and
registration of aircraft shall be made and signed by the owner
on forms the department of transportation
prepares. The forms shall contain a description of the aircraft, including its
federal registration number, the airport or other place at which the aircraft is based, and any other information the department requires. (C)(1) Registration forms shall be filed with the director of
transportation annually at the time the director specifies and shall be
renewed according to the standard renewal procedure of sections
4745.01 to 4745.03 of the Revised Code. If the airport or other place at which the aircraft usually is based changes, the owner shall update the registration by filing a new form with the office of aviation. (2) An application for the
registration of any aircraft not previously registered in this
state that is acquired or becomes subject to the
license tax subsequent to the last day of January in any year,
shall be made for the balance of the year in which the aircraft is
acquired, within thirty days after the acquisition or
after becoming subject to the license tax. (D)(1) Each registration form shall be accompanied by the proper license tax, which, for all aircraft other than
gliders and balloons those described in divisions (D)(2) and (3) of this section, shall be at the annual rate of fifteen dollars per seat, based on the manufacturer's maximum listed seating capacity. The (2) The license tax for gliders and balloons shall be fifteen
dollars annually.
(3) The annual license tax for commercial cargo aircraft shall be seven hundred fifty dollars per aircraft. (E) The department of transportation shall maintain all registrations filed with it under this section and shall develop a program to track and enforce the registration of aircraft based in this state. (F) The taxes this section requires are in lieu of all other taxes on or with
respect to ownership of an aircraft.
(G) The director of transportation shall impose a fine pursuant to section 4561.22 of the Revised Code for each aircraft that an owner fails to register as this section requires and shall require the owner to register the aircraft within the time the director specifies. The director may impose a separate fine for each registration period during which the owner fails to register the aircraft.
(H) As used in this section, "commercial cargo aircraft" means any aircraft used in connection with an all-cargo operation, as defined in 14 C.F.R. 119.3.
Sec. 4707.02. No person shall act as an auction firm, auctioneer,
apprentice auctioneer, or special auctioneer within this state
without a license issued by the department of
agriculture. No
auction shall be conducted in this state except
by an auctioneer
licensed by the department. The department shall not issue or renew a license if the
applicant or licensee has been convicted of a felony or crime
involving fraud or theft in this or another state at any time during the
ten years immediately preceding application or renewal. This section does not apply to: (A) Sales at auction that either are required by law to be at
auction,
other than sales pursuant to a judicial order or decree, or that are conducted by or under the direction of a public authority; (B) The owner of any real or personal property desiring to
sell the property at auction, provided that the property was not
acquired for the purpose of resale; (C) An auction mediation company;
(D) An auction that is conducted in a course of study for auctioneers that is approved by the state auctioneers commission created under section 4707.03 of the Revised Code for purposes of student training and is supervised by a licensed auctioneer;
(E) An auction that is sponsored by a nonprofit or charitable organization that is registered in this state under Chapter 1702. or Chapter 1716. of the Revised Code, respectively, if the auction only involves the property of the members of the organization and the auction is part of a fair that is organized by an agricultural society under Chapter 1711. of the Revised Code or by the Ohio expositions commission under Chapter 991. of the Revised Code at which an auctioneer who is licensed under this chapter physically conducts the auction;
(F) A person licensed as a livestock dealer under Chapter 943. of the Revised Code who exclusively sells livestock and uses an auctioneer who is licensed under this chapter to conduct the auction; (G) A person licensed as a motor vehicle auction owner under Chapter 4517. of the Revised Code who exclusively sells motor vehicles to a person licensed under Chapter 4517. of the Revised Code and who uses an auctioneer who is licensed under this chapter to conduct the auction; (H) A person who sells real or personal property by means of the internet. Sec. 4707.074. (A) A person who is not otherwise licensed under this chapter and who only provides auction services or holds the person's self out as providing auction services shall do so only with a valid auction firm license issued under this section. This section does not apply to either of the following: (1) A person licensed as a motor vehicle auction owner under Chapter 4517. of the Revised Code who exclusively sells motor vehicles to a person licensed under Chapter 4517. of the Revised Code and who uses an auctioneer who is licensed under this chapter to conduct the auction; (2) A person licensed as a livestock dealer under Chapter 943. of the Revised Code who exclusively sells livestock and uses an auctioneer who is licensed under this chapter to conduct the auction.
(B) The department of agriculture may grant an auction firm license to an auction firm that is determined to be qualified by the department. Every applicant for an auction firm license shall furnish to the department, on forms provided by the department, satisfactory proof that the applicant:
(1) Is in good standing with the secretary of state if the applicant is a corporation;
(2) Is of trustworthy character;
(3) Is registered with the secretary of state or a local authority, as applicable, to do business in this state;
(4) Has complied with any other requirement that the director establishes in rules adopted under section 4707.19 of the Revised Code;
(5) Has a general knowledge of the requirements of the Revised Code and the general principles regarding auctions, auctioneering, and auction management;
(6) Has provided proof of financial responsibility in the amount of fifty thousand dollars in the form of a surety bond, an irrevocable letter of credit, or cashbond; (7) Employs a firm manager as required under division (D) of this section.
(C) An application submitted under this section for an auction firm license shall list the names of all of the owners, directors, partners, or members of the applicant, as applicable.
(D) An auction firm shall designate a firm manager. The firm manager shall have sufficient authority in the operation of the auction firm to ensure compliance with this chapter and rules adopted under it. If the firm manager does not have a current license issued under section 4707.07 of the Revised Code, the firm manager shall pass the written examination held under section 4707.08 of the Revised Code before the department may issue a license under this section to the auction firm.
(E)(1) An auction firm license issued under this section immediately shall terminate if any of the following occurs:
(a) The auction firm incorporates.
(b) The auction firm ceases to operate as a corporation.
(c) The auction firm changes ownership.
(d) If the auction firm is a partnership, the firm changes the number of partners in the partnership or changes the partners comprising the partnership.
(e) The auction firm changes the firm manager.
(f) The auction firm changes the name under which the firm conducts business.
(g) The auction firm changes its permanent business location.
If a license terminates under this division, the licensee immediately shall cease auction services, notify the department of the termination, and return the terminated license to the department.
(2) Not later than ten days prior to the date on which an auction firm license will terminate pursuant to division (E)(1)(a), (b), (c), or (d) of this section, the auction firm may submit an application for a new auction firm license in accordance with division (B) of this section. If the auction firm submits the application, returns the terminated license, and pays a fee in the amount of one hundred dollars, the department may issue a new license under this section.
(3) If a license terminates pursuant to division (E)(1)(e), (f), or (g) of this section and the formerly licensed auction firm notifies the department, returns the terminated license, and pays a fee in the amount of ten dollars, the department shall issue a new license under this division.
(F) For purposes of the financial responsibility that is required under division (B) of this section, if a person provides a surety bond, the bond shall be executed by a surety company that is authorized to do business in this state. The bond shall be made payable to the department and shall include a condition that requires the applicant to comply with this chapter and rules adopted under it, including a requirement that the person refrain from conduct described in section 4707.15 of the Revised Code. A bond shall be on a form that is approved by the director. A person who is issued a license under this section shall maintain the financial responsibility that is required under division (B) of this section for as long as the person is licensed.
(G) An auction firm licensed under this section shall not conduct the bid calling for the sale of real or personal property at auction.
Sec. 5501.31. The director of transportation shall have
general supervision of all roads comprising the state highway
system. The director may alter, widen, straighten, realign,
relocate,
establish, construct, reconstruct, improve, maintain,
repair, and
preserve any road or highway on the state highway
system, and, in
connection therewith, relocate, alter, widen,
deepen, clean out,
or straighten the channel of any watercourse as
the director
considers
necessary, and purchase or appropriate
property for the disposal
of surplus materials or borrow pits,
and, where an established
road has been relocated, establish,
construct, and maintain such
connecting roads between the old and
new location as will provide
reasonable access thereto. The director may purchase or appropriate property necessary
for the location or construction of any culvert, bridge, or
viaduct, or the approaches thereto, including any property needed
to extend, widen, or alter any feeder or outlet road, street, or
way adjacent to or under the bridge or viaduct when the
extension,
widening, or alteration of the feeder road, street, or
way is
necessary for the full utilization of the bridge or
viaduct, or
for any other highway improvement. The director
may purchase
or
appropriate, for such length of time as is
necessary and
desirable, any additional property required for the
construction
and maintenance of slopes, detour roads, sewers,
roadside parks,
rest areas, recreational park areas, park
and ride
facilities, and
park and carpool or vanpool facilities,
scenic view
areas,
drainage systems, or land to replace
wetlands,
incident to
any
highway
improvement, that the director
is or may
be
authorized to
locate
or construct.
Also
incident to any
authorized highway
improvement, the director may
purchase property
from a willing
seller as required for the construction and maintenance of
bikeways and bicycle paths or to replace, preserve, or
conserve
any
environmental resource if the replacement,
preservation, or
conservation is
required by state or federal law. Title to property purchased or appropriated
by the director
shall be taken in the name of the state either in
fee simple or in
any lesser estate or interest that the director
considers
necessary or proper, in accordance with forms to be
prescribed by
the attorney general. The deed shall contain a
description of the
property and be recorded in the county where
the property is
situated and, when recorded, shall be kept on
file in the
department of transportation.
The property may be described by
metes and bounds or by the department of transportation parcel
number as shown on a right of way plan recorded in the county
where the property is located. Provided that when property, other than property used by a
railroad for operating purposes, is acquired in connection with
improvements involving projects affecting railroads wherein the
department is obligated to acquire property
under grade separation
statutes, or on other improvements wherein
the department is
obligated to acquire lands under agreements
with railroads, or
with a public utility, political subdivision,
public corporation,
or
private corporation owning transportation facilities for
the
readjustment, relocation, or improvement of
their facilities, a
fee simple
title or an easement may be acquired by purchase or
appropriation
in the name of the railroad, public utility,
political
subdivision, public corporation, or private corporation
in
the discretion of the director. When
the title to lands, which
are required to adjust, relocate, or
improve such facilities
pursuant to agreements with the director, is taken in the name of
the state, then, in the discretion of the
director, the title to
such lands may be conveyed to
the railroad,
public utility,
political subdivision, or
public corporation for which they were
acquired. The
conveyance shall be prepared by the attorney
general and executed by the
governor and bear the great seal of
the state of Ohio. The director, in the maintenance or repair of state
highways,
is not limited to the use of the materials with which
the
highways, including the bridges and culverts thereon, were
originally constructed, but may use any material that is
proper
or
suitable. The director may aid any board of county
commissioners
in establishing, creating, and repairing suitable
systems of
drainage for all highways within the jurisdiction or
control of
the board and advise with it as to the establishment,
construction, improvement, maintenance, and repair of the
highways. Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517.,
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533.,
and
5535. of the Revised Code do not prohibit the federal
government,
or any individual or corporation, from contributing a
portion of
the cost of the establishment, construction,
reconstruction,
relocating, widening, resurfacing, maintenance,
and repair of the
highways. Except in the case of maintaining, repairing, erecting
traffic signs on, or pavement marking of state highways within
villages, which is mandatory as required by section 5521.01 of
the
Revised Code, and except as provided in section 5501.49 of
the
Revised Code, no duty of constructing, reconstructing,
widening,
resurfacing, maintaining, or repairing state highways
within
municipal corporations, or the bridges and culverts
thereon, shall
attach to or rest upon the director, but the
director may
construct, reconstruct, widen, resurface, maintain, and repair
the
same with or without the cooperation of any municipal
corporation,
or with or without the cooperation of boards of
county
commissioners upon each municipal corporation consenting
thereto.
Sec. 5501.49. (A) The director of transportation is
responsible for the construction, reconstruction, major maintenance and repair, and operation of all lift bridges located
on the state highway system within a municipal corporation. The
responsibilities of the director pertain only to those lift
bridges necessary for the initial construction or continued
operation of the state highway system. The county or other
person public entity responsible for maintaining the pavements and sidewalks on
either end of the bridge is responsible for the routine
maintenance of all lift bridges located on the state highway
system within the municipal corporation, unless other
arrangements have been made between the county and the municipal
corporation to perform the routine maintenance. (B) The director may enter into an agreement with the
legislative authority of a municipal corporation or a county,
upon mutually agreeable terms, for the municipal corporation or
county to operate and perform major maintenance and repair on any
lift bridge located on the state highway system within the
municipal corporation or county. (C) The director is not required to obtain the consent of
a municipal corporation prior to the performance of any major
lift bridge maintenance and repair. Except in an emergency, the
director shall give a municipal corporation reasonable notice
prior to the performance of any work that will affect the flow of
traffic. No utilities, signs, or other appurtenances shall be
attached to a lift bridge without the prior written consent of
the director. (D) As used in this section: (1) Major and routine maintenance and repair relates to
all elements of a lift bridge, including abutments, wingwalls,
and headwalls but excluding approach fill and approach slab, and
appurtenances thereto. (2) "Major maintenance" includes the painting of a lift
bridge, and the repair of deteriorated or damaged elements,
including of bridge decks, including emergency patching of bridge decks, to restore the structural integrity of a
lift bridge. (3) "Routine maintenance" includes without limitation,
clearing debris from the deck, sweeping, snow and ice removal,
minor wearing surface patching, cleaning bridge drainage systems,
marking decks for traffic control, minor and emergency repairs to
railing and appurtenances, emergency patching of deck, and
maintenance of traffic signal and lighting systems, including the
supply of electrical power. (4) "Operation" relates solely to lift bridges and to those expenses that are
necessary for the routine, daily operation of a lift bridge, such
as payroll, workers' compensation and retirement payments, and
the cost of utilities.
Sec. 5502.03. (A) There is hereby created in the department of public safety a division of homeland security. It is the intent of the general assembly that the creation of the division of homeland security of the department of public safety by this amendment does not result in an increase of funding appropriated to the department. (B) The division shall do all of the following: (1) Coordinate all homeland security activities of all state agencies and be the liaison between state agencies and local entities for the purposes of communicating homeland security funding and policy initiatives; (2) Collect, analyze, maintain, and disseminate information to support local, state, and federal law enforcement agencies, other government agencies, and private organizations in detecting, deterring, preventing, preparing for, responding to, and recovering from threatened or actual terrorist events. This information is not a public record pursuant to section 149.43 of the Revised Code.
(3) Coordinate efforts of state and local governments and private organizations to enhance the security and protection of critical infrastructure and key assets in this state;
(4) Develop and coordinate policies, protocols, and strategies that may be used to prevent, detect, prepare for, respond to, and recover from terrorist acts or threats;
(5) Develop, update, and coordinate the implementation of an Ohio homeland security strategic plan that will guide state and local governments in the achievement of homeland security in this state.
(C) The director of public safety shall appoint an executive director, who shall be head of the division of homeland security and who regularly shall advise the governor and the director on matters pertaining to homeland security. The executive director shall serve at the pleasure of the director of public safety. To carry out the duties assigned under this section, the executive director, subject to the direction and control of the director of public safety, may appoint and maintain necessary staff and may enter into any necessary agreements. (D) Except as otherwise provided by law, nothing in this section shall be construed to give the director of public safety or the executive director of the division of homeland security authority over the incident management structure or responsibilities of local emergency response personnel. Sec. 5502.62. (A) There is hereby created in the department of public safety a division of
criminal justice services. The director of public safety, with the concurrence of the governor, shall appoint an executive director
of the division of criminal justice services. The executive director shall be the head of the division. The executive director shall serve at the pleasure of the director of public safety. To carry out the duties assigned under this section and to comply with sections 5502.63 to 5502.66 of the Revised Code, the executive director, subject to the direction and control of the director of public safety, may appoint and maintain any necessary staff and may enter into any necessary contracts and other agreements. The executive director of the division, and
all professional and technical
personnel employed within the
division who are not public employees
as defined in section 4117.01
of the Revised Code, shall be in the
unclassified civil service,
and all other persons employed within
the division shall be in the
classified civil service. (B) Subject to division
(F) of this section and subject
to
divisions
(D) to (F) of section 5120.09 of the Revised Code
insofar as those
divisions relate to federal criminal justice acts
that the governor requires
the department of rehabilitation and
correction to administer, the division
of criminal justice services
shall do all of the following: (1) Serve as the state criminal justice services agency
and
perform criminal
justice system planning in the
state, including
any planning that is required by any federal
law; (2) Collect, analyze, and correlate information and data
concerning the criminal
justice
system in the
state; (3) Cooperate with and provide technical assistance to
state
departments, administrative planning districts,
metropolitan
county criminal justice services agencies, criminal
justice
coordinating councils, agencies, offices, and departments
of the
criminal
justice
system in the state, and
other appropriate
organizations and persons; (4) Encourage and assist agencies, offices, and
departments
of the criminal
justice
system in the
state
and other
appropriate organizations and persons to solve
problems
that
relate to the duties of the division; (5) Administer within the state any federal criminal
justice
acts
that the governor requires
it to
administer; (6)
Administer funds received under the
"Family Violence
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.
10401, as amended, with all powers necessary for the adequate
administration of those funds, including the authority to
establish a family violence prevention and services program; (7) Implement the state comprehensive plans; (8) Audit grant activities of agencies, offices,
organizations, and persons that are financed in whole or in part
by funds granted through the division; (9) Monitor or evaluate the performance of criminal
justice
system projects and programs in the state
that
are financed in
whole or in part by funds granted through the
division; (10) Apply for, allocate, disburse, and account for
grants
that are made available pursuant to federal criminal
justice acts,
or made available from
other federal,
state, or private sources,
to improve the criminal
justice
system in the state. All money from such federal grants that require that the money be deposited into an interest-bearing fund or account, that are intended to provide funding to local criminal justice programs, and that require that investment earnings be distributed for program purposes shall be deposited in the state treasury to the credit of the federal justice programs funds, which are hereby created. A separate fund shall be established each federal fiscal year. All investment earnings of a federal justice programs fund shall be credited to that fund and distributed in accordance with the terms of the grant under which the money is received. If the terms under which the money is received do not require the money to be deposited into an interest-bearing fund or account, all money from such federal grants shall be deposited into the state treasury to the credit of the federal justice grants fund, which is hereby created. Money credited to the fund shall be used or distributed pursuant to the federal grant programs under which the money is received. (11) Contract with federal, state, and local agencies,
foundations, corporations, businesses, and persons when necessary
to carry out the duties of the division; (12) Oversee the activities of metropolitan county
criminal
justice services agencies, administrative planning
districts, and
criminal justice coordinating councils in the
state; (13) Advise the director of public safety, general assembly, and governor on
legislation
and other significant matters that pertain to the
improvement and
reform of criminal and juvenile justice systems
in
the state; (14) Prepare and recommend legislation to the director of public safety, general
assembly, and governor for the improvement of the criminal and
juvenile justice systems in the state; (15) Assist, advise, and make any reports that are
requested
or required by the governor, director of public safety, attorney general, or
general
assembly; (16) Develop and maintain the Ohio incident-based reporting system in accordance with division (C) of this section;
(17) Subject to the approval of the director of public safety, adopt rules pursuant to Chapter 119. of the Revised
Code; (18)(a) Not later than June 1, 2007, and subject to the approval of the director of public safety, adopt rules for the establishment and maintenance of a mcgruff house program by any sponsoring agency. The rules shall include the following: (i) The adoption of the mcgruff house symbol to be used exclusively in all mcgruff house programs in this state; (ii) The requirements for any sponsoring agency to establish and maintain a mcgruff house program; (iii) The criteria for the selection of volunteers to participate in a mcgruff house program that shall include, but not be limited to, criminal background checks of those volunteers; (iv) Any other matters that the division of criminal justice services considers necessary for the establishment and maintenance of mcgruff house programs by sponsoring agencies and the participation of volunteers in those programs. (b) The division of criminal justice services shall distribute materials and provide technical assistance to any sponsoring agency that establishes and maintains a mcgruff house program, any volunteer group or organization that provides assistance to that sponsoring agency, or any volunteer who participates in a mcgruff house program. (C) The division of criminal justice services shall develop and maintain the Ohio incident-based reporting system to facilitate the sharing of information with the federal bureau of investigation and participating law enforcement agencies in Ohio. The Ohio incident-based reporting system shall be known as OIBRS. In connection with OIBRS, the division shall do all of the following:
(1) Collect and organize statistical data for reporting to the national incident-based reporting system operated by the federal bureau of investigation for the purpose of securing federal criminal justice grants;
(2) Analyze and highlight mapping data for participating law enforcement agencies;
(3) Distribute data and analyses to participating law enforcement agencies;
(4) Encourage nonparticipating law enforcement agencies to participate in OIBRS by offering demonstrations, training, and technical assistance;
(5) Provide assistance, advice, and reports requested by the governor, the general assembly, or the federal bureau of investigation;
(6) Require every law enforcement agency that receives federal criminal justice grants or state criminal justice information system general revenue funds through the division to participate in OIBRS or in the uniform crime reporting program of the federal bureau of investigation. An agency that submits OIBRS data to the Ohio local law enforcement information sharing network shall be considered to be in compliance with division (C)(6) of this section if both of the following apply:
(a) The Ohio local law enforcement information sharing network is capable of collecting OIBRS data.
(b) The division of criminal justice services has the ability to extract the OIBRS data for reporting to the national incident-based reporting system in the manner required by the federal bureau of investigation.
(D)
Upon the request of the director of public safety or governor, the division of
criminal
justice services may do any of
the
following: (1) Collect, analyze, or correlate information and data
concerning the juvenile justice system in the state; (2) Cooperate with and provide technical assistance to state
departments, administrative planning districts, metropolitan
county criminal justice service agencies, criminal justice
coordinating councils, agency offices, and the departments of the
juvenile justice system in the state and other appropriate
organizations and persons; (3) Encourage and assist agencies, offices, and departments
of the juvenile justice system in the state and other appropriate
organizations and persons to solve problems that relate to the
duties of the division. (E)
Divisions (B), (C), and (D) of this section
do not limit
the
discretion or authority
of the attorney general with respect
to
crime victim assistance and
criminal justice programs. (F) Nothing in this section is intended to diminish or
alter
the status of the office of the attorney general as a
criminal
justice services agency or to diminish or alter the status or discourage the development and use of other law enforcement information systems in Ohio. Sec. 5502.67. There is hereby created in the state treasury the justice program services fund. The fund shall consist of all money collected by the division of criminal justice services for nonfederal purposes, including subscription fees for participating in the Ohio incident-based reporting system under division (C) of section 5502.62 of the Revised Code, unless otherwise designated by law. The justice program services fund shall be used to pay costs of administering the operations of the division of criminal justice services.
Sec. 5516.01. As used in sections 5516.01 to 5516.14
of
the
Revised Code: (A) "Advertising device" includes any outdoor sign,
display,
device, figure, painting, drawing, message, placard,
poster,
billboard, or any other contrivance designed, intended,
or used to
advertise or to give information in the nature of
advertising, or
any part thereof, the advertising or informative
contents of which
are visible from the main traveled way of any
highway on the
interstate system or primary system in this state. (B) "Visible" means capable of being seen and comprehended
without
visual aid by a person traveling the posted speed limit on
the main traveled
way
of the highway. (C) "Interstate system" means that portion of the interstate
system, or the
national highway system, located
within this state,
as designated by the director of transportation and
approved by
the secretary of transportation of the United
States, pursuant to
23 U.S.C.A. 103(b) and
(e). (D) "Erect" means to construct or allow to be constructed,
but it shall not include any activity when performed as an
incident to the change of advertising message or normal
maintenance of a sign or sign structure. (E) "Maintain" means to preserve, keep in repair,
continue,
allow to exist, or restore. (F) "National policy" means the provisions of 23
U.S.C.A.
131 and the national standards, criteria, and rules
promulgated
pursuant to such provisions. (G) "Primary system" means that portion of the state
highway
system or the federal-aid primary system in existence on June 1, 1991, and any highway that is not on such system but that is on the national highway system located within this state as
designated by
the director and approved by the secretary
of
transportation of the United States, pursuant to 23 U.S.C.A.
103(b). (H) "Zoned commercial or industrial areas" means those
nonagricultural areas which are reserved for business, commerce,
or trade, pursuant to local zoning laws, regulations, or state
laws. (I) "Unzoned commercial or industrial area" means
an area
not zoned by state or local law, regulation, or
ordinance,
in
which there is located
one or more commercial or industrial
activities. Such area may also include the lands
along the
highway for a distance of
eight hundred fifty feet immediately
adjacent to such activities.
This distance shall be measured from
the
buildings, parking lots,
storage or processing areas of the
activities, and along or parallel
to the near
edge of the main
traveled
way of the highway. This
distance shall
not include land
on the opposite side of the highway from such
activities, nor land
predominantly used for residential purposes.
An area shall be
considered predominately residential if fifty per cent or
more of
the eight hundred fifty feet immediately adjacent to the activities
contains
land used as residential property. Each side of the
highway will
be considered separately in
applying this definition.
(J) "Commercial or
industrial activities" means those
activities generally
recognized as commercial or industrial by
zoning authorities of
this state. The following
activities shall
not be
considered commercial or industrial: (1) Activities relating to advertising structures; (2) Agricultural, forestry, ranching, grazing, farming,
and
related activities, including, but not limited to, activities
relating
to wayside
fresh produce stands; (3) Transient or temporary activities; (4) Activities not visible from the main traveled way; (5) Activities located more than six hundred sixty feet from
the
nearest edge of the right-of-way; (6) Activities conducted in a building principally used as
a
residence; (7) Activities relating to railroad tracks and minor
sidings; (8) Activities relating to highways, roads, and
streets. (K) "Directional and official signs and notices" means those
signs and notices that are required or authorized by law and
conform to the
rules for such signs and notices as adopted by the
director in accordance with
23 C.F.R. 750.151 to 750.155. (L) "Nonconforming advertising device" means an advertising
device that was: (1) Lawfully in existence prior to December 7, 1971; (2) Lawfully on any highway made a part of the interstate
system or
primary highway system on or after December 7, 1971; (3) Lawfully erected prior to any revision in the law
effective
December 7, 1971; or (4) Lawfully erected but: (a) No longer in compliance with the provisions of state law
enacted or rules adopted at a later date; or (b) No longer in compliance with state laws or rules due to
changed conditions, including, but not limited to, zoning changes,
highway
relocation, highway reclassification, or changes in
restrictions on sizing,
lighting, spacing, or distance of
advertising devices. Illegally erected or maintained advertising devices are not
nonconforming
signs. (M) "Scenic byway" means any linear transportation corridor
as
designated or as may hereafter be so designated by the director
under the
Ohio scenic byways program as having outstanding scenic
qualities. (N) "Director" means the director of the Ohio department
of
transportation. (O) "Commercial or industrial zone" means those areas
established
by any state, county, municipal, or other local zoning
authority as being most
appropriate for business, commerce,
industry, or trade. Any action taken by a
state, county,
municipal, or other local zoning authority that is not part of
comprehensive zoning and is created primarily to permit outdoor
advertising
devices shall not be considered a commercial or
industrial zone for purposes
of this chapter.
(P) "Last permit holder" includes any of the following: (1) The most recent holder of the advertising device permit; (2) A business, cooperative, corporation, enterprise, joint
venture, limited liability company, partnership, sole
proprietorship, or subsidiary, the viability of which is dependant
on its relationship with the most recent holder of the advertising
device permit; (3) Any person or entity that is closely related to or
closely connected with the most recent holder of the advertising
device permit. (Q) "Professional sports facility" means all or a portion of a stadium, arena, motorsports complex, or other facility, including all parking facilities, walkways, and other auxiliary facilities that may be used for or in connection with the sports facility or its operation, the primary purpose of which is to provide a site or venue for the presentation to the public of either of the following:
(1) Events of one or more major or minor league professional athletic or sports teams that are associated with the state or with a city or region of the state;
(2) Motorsports events.
Sec. 5517.03. The director of transportation shall, at the
time
he
the director indorses
his
the director's
approval upon the
surveys, plans, profiles,
and specifications covering any proposed
project, determine
whether the making of the improvement will
require the closing to
traffic of the highway, bridge, or culvert
involved and, if
he
the
director
finds it necessary to close the
same to traffic, the extent to
which the same shall be closed.
Such finding shall be indorsed
on the plans. Plans and
specifications for the construction of
any project, whenever
practicable, shall be prepared so as to
avoid closing to traffic
at any time the entire width of the
highway, bridge, or culvert
being improved. Upon receipt of
written notice from the director
ordering the highway, bridge, or
culvert, or any part thereof, to
be opened for travel, the
contractor shall remove all barriers and
obstructions and put the
highway, bridge, or culvert or such
portions thereof as the
director orders, in such condition for
travel as the director
orders. No contractor or other persons shall close a highway or
bridge being improved by the state, unless that action has first
been determined to be necessary by the director. If the director
determines that the making of the improvement will require the
closing to traffic of the highway, bridge, or culvert,
he
the
director shall
further determine whether it is practicable to
construct within
the limits of the highway or to provide a new
location for and
construct a temporary highway, bridge, or culvert
to be used by
travelers in lieu of the closed highway, bridge, or
culvert.
His
The director's
determination in respect to all
matters set forth in this section
shall be indorsed in writing
upon the surveys, plans, profiles,
cross sections, estimates, and
specifications. If the director
determines that it is
impracticable to construct a temporary
highway or bridge
he
the
director shall cause to be included as
a part of the
plans for
improvement, plans, specifications, and estimates for
all
necessary and proper barriers and uniform detour signs.
Signs must
be so placed and maintained as to conspicuously
indicate the
points at which it is necessary for traffic to leave
the closed
highway, and plainly mark the most direct and
practicable route to
be followed, indicating the road to be
followed by the detoured
traffic at all road crossings and forks.
The costs and expenses of
constructing temporary highways or
bridges or placing barriers and
detour signs shall be included in
and regarded as a part of the
costs and expenses of the
improvement, and shall be paid
accordingly. No contractor or
employee of the department of
transportation, when the state is
proceeding by force account,
shall close any highway, bridge, or
culvert until such temporary
highway or bridge has been
constructed or such barriers and detour
signs have been placed.
Immediately upon the reopening of the
highway, bridge, or
culvert, the contractor or employee of the
department in charge
of the work, in case the state is proceeding
by force account,
shall immediately remove all barriers and detour
signs. Only
that portion of any highway shall be closed at any
one time as is
considered reasonably necessary by the director.
The
right-of-way for temporary highways and bridges shall, where a
private right-of-way is necessary, be provided by the director,
and all temporary highways, bridges, and culverts and detour
signs
shall be maintained by the contractor until the permanent
highway,
bridge, or culvert is completed and reopened for
traffic. For the
purpose of locating, constructing, and erecting
temporary highways
or bridges the director, or any persons acting
under
his
the
director's authority, may enter upon lands
adjoining or near to a
highway to be closed and agree with the owners of the lands as to
damages caused thereby. If the director is unable to agree with
the owners as to the amount of damages sustained, the amount
thereof shall be ascertained, determined, and paid as set out in
the case of the condemnation of highway right-of-way. If the director determines that it is impracticable to
construct, either within the limits of the highway or upon a new
location over private lands, a temporary highway, bridge, or
culvert to be used by travelers, in lieu of the closed highway,
bridge, or culvert,
he
the director shall, before closing to
traffic the
highway, bridge,
or culvert to be constructed,
improved,
or
repaired, select the most practicable direct detour
route over
existing highways and cause detour signs to be placed
and
maintained along that route.
He
The director shall, before the
closing to
traffic of the highway, bridge, or culvert to be
constructed,
improved, or repaired, place in passable condition
for traffic
the detour route so selected and marked by
him
the
director and
maintain it in
a passable condition for traffic
during the entire time that the
highway, bridge, or culvert under
construction is closed to
traffic.
He
The director shall, at the
time of the opening to
traffic of the
highway, bridge, or culvert
so constructed, restore the detour
route to as good condition as
it was at the time of its selection
by
him
the director as a
detour route. In instances where
traffic from the
closed highway,
bridge, or culvert causes damage by using a route
other than the
selected detour,
he
the director shall maintain
such other
route
in a passable condition and restore it in the same manner
as if it
were the selected detour route. However, the The director
is not
required to maintain and restore more than one such
additional
detour route, except that upon petition from the appropriate local legislative authority the director shall maintain and restore more than one additional detour route if the director finds that traffic from the closed highway, bridge, or culvert caused damage to the additional detour routes that are the subject of the petition.
Sec. 5537.16. (A) The Ohio turnpike commission may adopt
such bylaws and rules as it considers advisable for the control
and regulation of traffic on any turnpike project, for the
protection and preservation of property under its jurisdiction
and control, and for the maintenance and preservation of good
order within the property under its control. The rules of the
commission with respect to the speed, use of special engine brakes, axle loads, vehicle loads,
and vehicle dimensions of vehicles on turnpike projects, including the issuance of a special permit by the commission to allow the operation on any turnpike project of a motor vehicle transporting two or fewer steel coils, shall
apply notwithstanding sections 4511.21 to 4511.24, 4513.34, and
Chapter 5577. of the Revised Code. Such bylaws and rules shall
be published in a newspaper of general circulation in Franklin
county, and in such other manner as the commission prescribes. (B) Such rules shall provide that public police officers
shall be afforded ready access, while in the performance of their
official duty, to all property under the jurisdiction of the
commission and without the payment of tolls. (C) No person shall violate any such bylaws or rules of
the commission. All fines collected for the violation of
applicable laws of the state and the bylaws and rules of the
commission or moneys arising from bonds forfeited for such
violation shall be disposed of in accordance with section 5503.04
of the Revised Code.
Sec. 5577.05. (A) No vehicle shall be operated upon the
public
highways, streets, bridges, and culverts within the state,
whose
dimensions exceed those specified in this section. (B) No such vehicle shall have a width in excess of: (1) One hundred four inches for passenger bus type
vehicles
operated exclusively within municipal
corporations; (2) One hundred two inches, excluding such safety devices as
are required by law, for passenger bus type vehicles operated
over
freeways, and such other state roads with minimum pavement
widths
of twenty-two feet, except those roads or portions thereof
over
which operation of one hundred two-inch buses is prohibited
by
order of the director of transportation; (3) One hundred thirty-two inches for traction engines; (4) One hundred two inches for recreational vehicles,
excluding safety
devices and retracted awnings and other
appurtenances of six inches or
less in width and except that the
director may prohibit the
operation of one hundred two inch
recreational vehicles on
designated state highways or portions of
highways; (5) One hundred two inches, including load, for all other
vehicles, except that the director may
prohibit the operation of
one hundred two-inch vehicles on such
state highways or portions
thereof as the director designates. (C) No such vehicle shall have a length in excess of: (1) Sixty-six feet for passenger bus type vehicles and articulated passenger bus type vehicles operated by
a
regional transit authority pursuant to sections 306.30 to
306.54
of the Revised Code; (2)
Forty-five feet for all other passenger bus type
vehicles; (3) Fifty-three feet for any semitrailer when operated in
a
commercial tractor-semitrailer combination, with or without
load,
except that the director may prohibit
the operation of any such
commercial tractor-semitrailer
combination on such state highways
or portions thereof as the
director designates. (4) Twenty-eight and one-half feet for any semitrailer or
trailer when operated in a commercial tractor-semitrailer-trailer
or commercial tractor-semitrailer-semitrailer combination, except
that the director may prohibit the operation
of any such
commercial tractor-semitrailer-trailer or commercial
tractor-semitrailer-semitrailer combination on such state
highways
or portions thereof as the director designates; (5)(a) Ninety-seven feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations when operated on any interstate, United States route, or state route, including reasonable access travel on all other roadways for a distance not to exceed one road mile from any interstate, United States route, or state route, not to exceed three saddlemounted vehicles, but which may include one fullmount; (b) Seventy-five feet for drive-away saddlemount vehicle
transporter combinations and drive-away saddlemount with
fullmount
vehicle transporter combinations, when operated on any roadway not designated as an interstate, United States route, or state route, not to exceed three
saddlemounted vehicles, but which may include one fullmount.; (6) Sixty-five feet for any other combination of vehicles
coupled together, with or without load, except as provided in
divisions
(C)(3) and (4), and in division
(E) of this
section; (7) Forty-five feet for recreational vehicles; (8) Forty feet for all other vehicles except trailers and
semitrailers, with or without load. (D) No such vehicle shall have a height in excess of
thirteen feet six inches, with or without load. (E) An automobile transporter or boat transporter shall
be allowed a length of sixty-five feet and a stinger-steered
automobile transporter or stinger-steered boat transporter shall
be allowed a length of seventy-five feet, except that the load
thereon may extend no more than four feet beyond the rear of such
vehicles and may extend no more than three feet beyond the front
of such vehicles, and except further that the director may
prohibit the
operation of a
stinger-steered
automobile
transporter, stinger-steered boat transporter, or a
B-train
assembly on any state highway or portion thereof that the
director
designates.
(F) The widths prescribed in division (B) of this section
shall not include side mirrors, turn signal lamps, marker lamps,
handholds for cab entry and egress, flexible fender extensions,
mud flaps, splash and spray suppressant devices, and load-induced
tire bulge. The width prescribed in division
(B)(5) of this section
shall not
include automatic covering devices, tarp and tarp hardware, and tiedown
assemblies, provided these safety devices do not extend more than
three inches from each side of the vehicle. The lengths prescribed in divisions
(C)(2) to (7)(8) of this
section shall not include safety devices, bumpers attached to the
front or rear of such bus or combination, B-train assembly used
between the first and second semitrailer of a commercial
tractor-semitrailer-semitrailer combination, energy conservation
devices as provided in any regulations adopted by the secretary
of
the United States department of transportation, or any
noncargo-carrying refrigeration equipment attached to the front
of
trailers and semitrailers. In special cases, vehicles whose
dimensions exceed those prescribed by this section may operate in
accordance with rules adopted by the director. (G) This section does not apply to fire engines, fire
trucks,
or other vehicles or apparatus belonging to any municipal
corporation or to the volunteer fire department of any municipal
corporation or used by such department in the discharge of its
functions. This section does not apply to vehicles and pole
trailers used in the transportation of wooden and metal poles,
nor
to the transportation of pipes or well-drilling equipment,
nor to
farm machinery and equipment. The owner or operator of
any
vehicle, machinery, or equipment not specifically enumerated
in
this section but the dimensions of which exceed the dimensions
provided by this section, when operating the same on the
highways
and streets of this state, shall comply with the rules
of the
director governing such movement, which the director may
adopt.
Sections 119.01 to 119.13 of the Revised
Code apply to any rules
the director adopts under this
section, or the
amendment or
rescission thereof, and any person adversely
affected shall have
the same right of appeal as provided in
those sections. This section does not require the state, a municipal
corporation, county, township, or any railroad or other private
corporation to provide sufficient vertical clearance to permit
the
operation of such vehicle, or to make any changes in or about
existing structures now crossing streets, roads, and other public
thoroughfares in this state. (H) As used in this section, "recreational vehicle" has
the same
meaning as in section 4501.01 of the Revised Code.
Sec. 5591.02. Except as provided in section 5501.49 of the Revised Code, the The
board of county commissioners shall construct and keep in repair all necessary
bridges in municipal corporations on all state and county roads and improved
roads which that are of general and public utility, running into or through the
municipal corporations, and that are not on state highways.
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 pay the interest, principal, and charges on major new state infrastructure bonds and other obligations of the state issued pursuant to Section 13 of Article VIII, Ohio Constitution, and section 5531.10 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. 5751.032. (A) As used in this section:
(1) "CAT" refers to the tax levied by this chapter.
(2) "CAT collected" means, with regard to a CAT test period, the net amount of CAT, exclusive of registration fees, received in the period after subtracting any CAT refunded in the period.
(3) "First CAT test period" means the twenty-four month period beginning July 1, 2005, and ending June 30, 2007.
(4) "Second CAT test period" means the twelve-month period beginning July 1, 2008, and ending June 30, 2009.
(5) "Third CAT test period" means the twelve-month period beginning July 1, 2010, and ending June 30, 2011.
(B) Not later than the last day of September immediately following the end of each CAT test period, the tax commissioner shall compute the amount of CAT collected during that test period. If the amount is less than ninety per cent or greater than one hundred ten per cent of the prescribed CAT collections for that period, the commissioner shall proceed as provided in division divisions (C) or and (D) of this section, as applicable. For the purposes of division (B) of this section, the prescribed CAT collections for the CAT test periods are as follows:
(1) For the first CAT test period, eight hundred fifteen million dollars;
(2) For the second CAT test period, one billion one hundred ninety million dollars less any amount credited to the commercial activity tax reduction refund fund with regard to the first CAT test period;
(3) For the third CAT test period, one billion six hundred ten million dollars less any amount credited to the commercial activity tax reduction refund fund with regard to the second CAT test period.
(C)(1) If the amount of CAT collected during a CAT test period is less than ninety per cent of the prescribed CAT collections for that test period, the tax commissioner shall determine a new tax rate equal to the tax rate that would have yielded the prescribed CAT collections during that test period. The tax rate shall be the rate that would have to be imposed under division (A) of section 5751.03 of the Revised Code before any applicable phase-in percentages under section 5751.031 of the Revised Code or otherwise provided by law to yield the prescribed CAT collection after applying any applicable phase-in percentages. (2) If the amount of CAT collected during a CAT test period exceeds one hundred ten per cent of the prescribed CAT collections for that test period, the tax commissioner shall determine a new tax rate equal to the tax rate that would have yielded the prescribed CAT collections during that test period less one-half of the amount of the excess that was certified to the director of budget and management for the test period under division (D) of this section. The tax rate shall be the rate that would have to be imposed under division (A) of section 5751.03 of the Revised Code before any applicable phase-in percentages under section 5751.031 of the Revised Code or otherwise provided by law to yield the prescribed CAT collection after applying any applicable phase-in percentages.
(3)(2) A new tax rate computed under division (C)(1) or (2) of this section shall be expressed as a number of mills per dollar, rounded to the nearest one-hundredth of one mill. The rate shall be rounded upward by one-hundredth of one mill only if the next decimal digit is five or more.
(4)(3) Not later than the last day of September following the end of the CAT test period on the basis of which a new tax rate is computed, the tax commissioner shall certify the new tax rate to the governor, the president of the senate, the speaker of the house of representatives, and all other members of the general assembly. The commissioner shall publish the new tax rate by journal entry and provide notice of the new tax rate to taxpayers. The new tax rate shall be the rate imposed under division (A) of section 5751.03 of the Revised Code beginning with the ensuing calendar year, and is subject to any applicable phase-in percentages provided for under section 5751.031 of the Revised Code.
(D) If the amount of CAT collected during a CAT test period exceeds one hundred ten per cent of the prescribed CAT collections for that test period, the tax commissioner shall certify the excess amount to the director of budget and management not later than the last day of September immediately following the end of that test period. The director shall forthwith transfer from the general revenue fund one-half of the amount of the excess so certified to the commercial activity tax refund fund, which is hereby created in the state treasury, and the remaining one-half of the amount of the excess to the budget stabilization fund. All money credited to the commercial activity tax refund fund shall be applied to reimburse the general revenue fund, school district tangible property tax replacement fund, and local government tangible property tax replacement fund for the diminution in revenue caused by the credit provided under division (D) of section 5751.03 of the Revised Code. On or before the last day of May, August, and October of the calendar year that begins after the end of the test period, and on or before the last day of February of the following calendar year, the director of budget and management shall transfer one-fourth of the amount that had been transferred to the commercial activity tax refund fund to each of those funds in the proportions specified under division (B) of section 5751.21 of the Revised Code.
In the calendar year that begins immediately after the year in which a transfer is made to the commercial activity tax refund fund, the tax commissioner shall compute the amount to be credited, under division (D) of section 5751.03 of the Revised Code, to each taxpayer that paid in full the tax imposed under this chapter for the calendar year in which the transfer was made. The credit allowed to each such taxpayer shall equal the amount transferred to the commercial activity tax refund fund multiplied by a fraction, the numerator of which is the amount of tax paid by that taxpayer for that calendar year and the denominator of which is the total of the taxes paid by all such taxpayers for which the credit is allowed. The credit applies only to the calendar year that begins immediately after the year in which a transfer is made to the commercial activity tax refund fund under this division.
(E) It is the intent of the General Assembly to conduct a review of the prescribed CAT collections and rate adjustments provided for under divisions (A) to (D) of this section every two years in conjunction with its biennial budget deliberations, and to establish lower prescribed CAT collections or reduce the rate of tax levied under this chapter on the basis of the following three factors:
(1) The revenue yield of the tax;
(2) The condition of the Ohio economy;
(3) Savings realized by ongoing reform to medicaid and other policy initiatives. SECTION 101.02. That existing sections 737.04, 737.041, 1533.18, 3314.091, 3327.10, 3705.242, 4503.10, 4503.44, 4505.09, 4510.037, 4510.038, 4511.21, 4513.20, 4517.21, 4519.59, 4561.18, 4707.02, 4707.074, 5501.31, 5501.49, 5502.03, 5502.62, 5516.01, 5517.03, 5537.16, 5577.05, 5591.02, 5735.05, and 5751.032 of the Revised Code are hereby repealed. SECTION 201.10. 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 2008 and
the amounts in the second
column are for fiscal year 2009.
SECTION 203.10. DOT DEPARTMENT OF TRANSPORTATION
Transportation Planning and ResearchHighway Operating Fund Group
002 | 771-411 | | Planning and Research - State | | $ | 20,724,547 | | $ | 21,733,301 | 002 | 771-412 | | Planning and Research - Federal | | $ | 29,996,363 | | $ | 30,264,923 | TOTAL HOF Highway Operating | | | | | | | Fund Group | | $ | 50,720,910 | | $ | 51,998,224 | TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Transportation Planning | | | | | | | and Research | | $ | 50,720,910 | | $ | 51,998,224 |
Highway ConstructionHighway Operating Fund Group
002 | 772-421 | | Highway Construction - State | | $ | 528,722,188 | | $ | 504,184,419 | 002 | 772-422 | | Highway Construction - Federal | | $ | 1,103,979,148 | | $ | 1,086,733,759 | 002 | 772-424 | | Highway Construction - Other | | $ | 106,439,000 | | $ | 100,379,155 | 002 | 772-437 | | GARVEE Debt Service - State | | $ | 10,321,300 | | $ | 19,273,500 | 002 | 772-438 | | GARVEE Debt Service - Federal | | $ | 113,915,900 | | $ | 139,015,000 | 212 | 772-426 | | Highway Infrastructure Bank - Federal | | $ | 4,303,173 | | $ | 4,018,649 | 212 | 772-427 | | Highway Infrastructure Bank - State | | $ | 8,268,315 | | $ | 10,209,272 | 212 | 772-429 | | Highway Infrastructure Bank
- Local | | $ | 11,000,000 | | $ | 11,499,999 | 212 | 772-430 | | Infrastructure Debt Reserve Title 23-49 | | $ | 1,500,000 | | $ | 1,500,000 | 213 | 772-431 | | Roadway Infrastructure Bank - State | | $ | 1,000,000 | | $ | 1,000,000 | 213 | 772-432 | | Roadway Infrastructure Bank - Local | | $ | 6,000,000 | | $ | 6,000,000 | 213 | 772-433 | | Infrastructure Debt Reserve - State | | $ | 2,000,000 | | $ | 2,000,000 | TOTAL HOF Highway Operating | | | | | | | Fund Group | | $ | 1,897,449,024 | | $ | 1,885,813,753 |
Highway Capital Improvement Fund Group
042 | 772-723 | | Highway Construction - Bonds | | $ | 200,000,000 | | $ | 100,000,000 | TOTAL 042 Highway Capital Improvement Fund Group | | $ | 200,000,000 | | $ | 100,000,000 |
Infrastructure Bank Obligations Fund Group
045 | 772-428 | | Highway Infrastructure Bank - Bonds | | $ | 450,000,000 | | $ | 400,000,000 | TOTAL 045 Infrastructure Bank | | | | | | | Obligations Fund Group | | $ | 450,000,000 | | $ | 400,000,000 | TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Highway Construction | | $ | 2,547,449,024 | | $ | 2,385,813,753 |
Highway MaintenanceHighway Operating Fund Group
002 | 773-431 | | Highway Maintenance - State | | $ | 403,252,901 | | $ | 417,915,187 | TOTAL HOF Highway Operating | | | | | | | Fund Group | | $ | 403,252,901 | | $ | 417,915,187 | | | | | | | |
TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Highway Maintenance | | $ | 403,252,901 | | $ | 417,915,187 |
Public TransportationHighway Operating Fund Group
002 | 775-452 | | Public Transportation - Federal | | $ | 25,471,589 | | $ | 30,391,763 | 002 | 775-454 | | Public Transportation - Other | | $ | 1,500,000 | | $ | 1,500,000 | 002 | 775-459 | | Elderly and Disabled Special Equipment | | $ | 4,730,000 | | $ | 4,730,000 | 212 | 775-408 | | Transit Infrastructure Bank - Local | | $ | 2,500,000 | | $ | 812,685 | 212 | 775-455 | | Title 49 Infrastructure Bank - State | | $ | 476,485 | | $ | 312,795 | 213 | 775-457 | | Transit Infrastructure Bank - State | | $ | 500,000 | | $ | 312,082 | 213 | 775-460 | | Transit Infrastructure Bank - Local | | $ | 1,000,000 | | $ | 1,000,000 | TOTAL HOF Highway Operating | | | | | | | Fund Group | | $ | 36,178,074 | | $ | 39,059,325 | TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Public Transportation | | $ | 36,178,074 | | $ | 39,059,325 |
Rail Transportation
Federal Special Revenue Group
3B9 |
776-662 |
|
Rail Transportation - Federal |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
10,000 |
|
$ |
10,000 |
Highway Operating Fund Group
002 | 776-462 | | Grade Crossings - Federal | | $ | 15,000,000 | | $ | 15,000,000 | TOTAL HOF Highway Operating | | | | | | | Fund Group | | $ | 15,000,000 | | $ | 15,000,000 |
State Special Revenue Fund Group
4N4 |
776-663 |
|
Panhandle Lease Reserve Payments |
|
$ |
762,500 |
|
$ |
763,700 |
4N4 | 776-664 | | Rail Transportation - Other | | $ | 2,111,500 | | $ | 2,111,500 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
2,874,000 |
|
$ |
2,875,200 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Rail Transportation |
|
$ |
17,884,000 |
|
$ |
17,885,200 |
Aviation
State Special Revenue Fund Group
5W9 |
777-615 |
|
County Airport Maintenance |
|
$ |
570,000 |
|
$ |
570,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
570,000 |
|
$ |
570,000 |
Highway Operating Fund Group
002 | 777-472 | | Airport Improvements - Federal | | $ | 405,000 | | $ | 405,000 | 002 | 777-475 | | Aviation Administration | | $ | 5,210,000 | | $ | 5,358,100 | 213 | 777-477 | | Aviation Infrastructure Bank - State | | $ | 2,000,000 | | $ | 3,500,000 | 213 | 777-478 | | Aviation Infrastructure Bank - Local | | $ | 5,996,118 | | $ | 6,000,000 | TOTAL HOF Highway Operating | | | | | | | Fund Group | | $ | 13,611,118 | | $ | 15,263,100 | TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Aviation | | $ | 14,181,118 | | $ | 15,833,100 |
AdministrationHighway Operating Fund Group
002 | 779-491 | | Administration - State | | $ | 120,262,864 | | $ | 122,601,493 | TOTAL HOF Highway Operating | | | | | | | Fund Group | | $ | 120,262,864 | | $ | 122,601,493 | TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Administration | | $ | 120,262,864 | | $ | 122,601,493 |
Debt ServiceHighway Operating Fund Group
002 | 770-003 | | Administration - State - Debt Service
| | $ | 10,555,300 | | $ | 3,614,700 | TOTAL HOF Highway Operating | | | | | | | Fund Group | | $ | 10,555,300 | | $ | 3,614,700 | TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Debt Service | | $ | 10,555,300 | | $ | 3,614,700 |
TOTAL Department of Transportation
TOTAL FED Federal Special Revenue Fund Group | | $ | 10,000 | | $ | 10,000 | TOTAL HOF Highway Operating | | | | | | | Fund Group | | $ | 2,547,030,191 | | $ | 2,551,265,782 | TOTAL 042 Highway Capital | | | | | | | Improvement Fund Group | | $ | 200,000,000 | | $ | 100,000,000 | TOTAL 045 Infrastructure Bank | | | | | | | Obligations Fund Group | | $ | 450,000,000 | | $ | 400,000,000 | TOTAL SSR State Special Revenue Fund Group | | $ | 3,444,000 | | $ | 3,445,200 | TOTAL ALL BUDGET FUND GROUPS | | $ | 3,200,484,191 | | $ | 3,054,720,982 |
SECTION 203.20. 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 $290,000,000
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 203.30. 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 a 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 203.40. 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, 772-424, 772-437, and 772-438), highway maintenance
(appropriation item 773-431), rail grade crossings (appropriation item 776-462), aviation (appropriation item
777-475), and administration (appropriation item 779-491).
The Director may not make transfers out of debt service appropriation items unless the Director determines that the appropriated amounts exceed the actual and projected debt service requirements. 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 2008 and 2009. The transfers shall
be
reported to the Controlling Board at its next regularly scheduled
meeting.
The Director of Budget and Management may approve requests
from the Department
of Transportation for transfer of
appropriations and
cash from the Highway Operating Fund (Fund 002)
to the Infrastructure Bank funds
created in section 5531.09 of the
Revised Code.
The Director of Budget and Management may
transfer
from the Infrastructure Bank funds to the
Highway Operating Fund
up to the amounts originally
transferred to the Infrastructure
Bank funds under this
section. 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. REAPPROPRIATIONS Upon approval of the Director of Budget and Management, 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, 2007, are hereby reappropriated for the same purpose in
fiscal year 2008. Upon approval of the Director of Budget and Management, 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, 2008, are hereby
reappropriated for the same purpose in fiscal
year 2009.
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, 2007, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2008 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, 2008, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2009 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 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES Of the foregoing appropriation item 772-421, Highway
Construction
- State, $5,000,000 shall be used in each fiscal year
during the fiscal year
2008-2009 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. 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 2008-2009 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 203.60. 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 the period July 1, 2007, to June 30, 2009, under the primary leases and agreements for various transportation related capital facilities financed by obligations issued under Chapter 152. of the Revised Code. 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
2008 or 2009, then prior to June 30, 2009, the balance
may be
transferred to appropriation item 772-421, Highway Construction - State, 773-431, Highway Maintenance - State, or
779-491, Administration - State, 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 203.70. 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. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND
The Director of Budget and Management shall transfer cash in equal monthly increments totaling $188,169,480 in each fiscal year of the 2008-2009 biennium 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 205.10. DHS DEPARTMENT OF PUBLIC SAFETY Highway Safety Information and EducationState Highway Safety Fund Group
036 | 761-321 | | Operating Expense - Information and Education | | $ | 3,645,598 | | $ | 3,645,598 |
036 | 761-402 | | Traffic Safety Match | | $ | 277,137 | | $ | 277,137 |
83N | 761-611 | | Elementary School Seat Belt Program | | $ | 375,000 | | $ | 375,000 |
831 | 761-610 | | Information and Education - Federal | | $ | 468,982 | | $ | 468,982 |
832 | 761-612 | | Traffic Safety-Federal | | $ | 16,577,565 | | $ | 16,577,565 |
844 | 761-613 | | Seat Belt Education Program | | $ | 395,700 | | $ | 411,528 |
846 | 761-625 | | Motorcycle Safety Education | | $ | 3,698,084 | | $ | 4,010,865 |
TOTAL HSF State Highway Safety | | | | | | |
Fund Group | | $ | 25,438,066 | | $ | 25,766,675 |
Agency Fund Group | | | | | | |
5J9 | 761-678 | | Federal Salvage/GSA | | $ | 1,500,000 | | $ | 1,500,000 |
TOTAL AGY Agency | | $ | 1,500,000 | | $ | 1,500,000 |
TOTAL ALL BUDGET FUND GROUPS - | | | | | | |
Highway Safety Information | | | | | | |
and Education | | $ | 26,938,066 | | $ | 27,266,675 |
FEDERAL HIGHWAY SAFETY PROGRAM MATCH The foregoing appropriation item 761-402, Traffic Safety
Match,
shall be used to provide the nonfederal portion of the
federal
Highway Safety Program. Upon request by the Director of
Public
Safety and approval by the Director of Budget and
Management,
appropriation item 761-402 shall be used to transfer
cash from
the Highway Safety Fund to the Traffic Safety
- Federal
Fund
(Fund 832) at the beginning of each fiscal year on
an
intrastate
transfer voucher.
SECTION 207.10. BUREAU OF MOTOR VEHICLES State Special Revenue Fund Group
539 | 762-614 | | Motor Vehicle Dealers Board | | $ | 200,000 | | $ | 200,000 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 200,000 | | $ | 200,000 |
State Highway Safety Fund Group
4W4 | 762-321 | | Operating Expense-BMV | | $ | 90,394,299 | | $ | 85,145,103 |
4W4 | 762-410 | | Registrations Supplement | | $ | 32,480,610 | | $ | 32,480,610 |
5V1 | 762-682 | | License Plate Contributions | | $ | 2,100,000 | | $ | 2,100,000 |
83R | 762-639 | | Local Immobilization Reimbursement | | $ | 750,000 | | $ | 750,000 |
835 | 762-616 | | Financial Responsibility Compliance | | $ | 5,843,830 | | $ | 6,063,600 |
849 | 762-627 | | Automated Title Processing Board | | $ | 23,487,248 | | $ | 19,240,839 |
TOTAL HSF State Highway Safety | | | | | | |
Fund Group | | $ | 155,055,987 | | $ | 145,780,152 |
TOTAL ALL BUDGET FUND GROUPS - | | | | | | |
Bureau of Motor Vehicles | | $ | 155,255,987 | | $ | 145,980,152 |
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. CAPITAL PROJECTS 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. SECTION 209.10. 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 | | $ | 253,967,276 | | $ | 267,539,597 | 036 | 764-605 | | Motor Carrier Enforcement Expenses | | $ | 3,061,817 | | $ | 3,340,468 | 83C | 764-630 | | Contraband, Forfeiture, Other | | $ | 622,894 | | $ | 622,894 | 83F | 764-657 | | Law Enforcement Automated Data System | | $ | 7,945,555 | | $ | 8,275,898 | 83G | 764-633 | | OMVI Enforcement/Education | | $ | 650,000 | | $ | 650,000 | 83J | 764-693 | | Highway Patrol Justice Contraband | | $ | 2,100,000 | | $ | 2,100,000 | 83T | 764-694 | | Highway Patrol Treasury Contraband | | $ | 21,000 | | $ | 21,000 | 831 | 764-610 | | Patrol - Federal | | $ | 2,455,484 | | $ | 2,455,484 | 831 | 764-659 | | Transportation Enforcement - Federal | | $ | 5,665,690 | | $ | 6,132,592 | 831 | 769-631 | | Homeland Security - Federal | | $ | 1,500,000 | | $ | 1,552,500 | 837 | 764-602 | | Turnpike Policing | | $ | 10,893,146 | | $ | 11,553,959 | 838 | 764-606 | | Patrol Reimbursement | | $ | 175,000 | | $ | 175,000 | 840 | 764-607 | | State Fair Security | | $ | 1,396,283 | | $ | 1,396,283 | 840 | 764-617 | | Security and Investigations | | $ | 6,231,916 | | $ | 6,155,385 | 840 | 764-626 | | State Fairgrounds Police Force | | $ | 788,375 | | $ | 788,375 | 840 | 769-632 | | Homeland Security - Operating | | $ | 1,913,276 | | $ | 1,989,807 | 841 | 764-603 | | Salvage and Exchange - Highway Patrol | | $ | 1,339,399 | | $ | 1,339,399 | TOTAL HSF State Highway Safety | | | | | | | Fund Group | | $ |
301,977,111 | | $ | 317,338,641 |
General Services Fund Group
4S2 | 764-660 | | MARCS Maintenance | | $ | 335,862 | | $ | 389,149 | TOTAL GSF General Services | | | | | | | Fund Group | | | $ | 335,862 | | $ | 389,149 |
TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Enforcement | | $ | 302,312,973 | | $ | 317,727,790 |
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. TRAFFIC SAFETY OPERATING FUND On July 1, 2007, or as soon thereafter as possible, the Director of Budget and Management shall transfer the cash balance in the Traffic Safety Operating Fund (Fund 5AY) to the Highway Safety Fund (Fund 036). The Director of Budget and Management shall cancel any existing encumbrances against appropriation item 764-688, Traffic Safety Operating, and re-establish them against appropriation item 764-321, Operating Expense – Highway Patrol. The amounts of the re-established encumbrances are hereby appropriated. Upon completion of these transfers, the Traffic Safety Operating Fund (Fund 5AY) is hereby abolished.
CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND
Effective July 1, 2007, the Treasurer of State, prior to making any of the distributions listed in sections 5735.23, 5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit at least the first $1,250,000 and up to $1,600,000 received each month to the credit of the State Highway Safety Fund (Fund 036).
SECTION 211.10. EMERGENCY MEDICAL SERVICES State Highway Safety Fund Group
83M | 765-624 | | Operating Expenses - Trauma and EMS | | $ | 2,587,627 | | $ | 2,587,627 |
83P | 765-637 | | Trauma and EMS | | $ | 4,429,290 | | $ | 4,562,912 |
831 | 765-610 | | EMS/Federal | | $ | 582,007 | | $ | 582,007 |
TOTAL HSF State Highway Safety | | | | | | |
Fund Group | | $ | 7,598,924 | | $ | 7,732,546 |
TOTAL ALL BUDGET FUND GROUPS - | | | | | | |
Emergency Medical Services | | $ | 7,598,924 | | $ | 7,732,546 |
CASH TRANSFERS OF SEAT BELT FINE REVENUES
Notwithstanding any other provision of law to the contrary, the Controlling Board, upon request of the Director of Public Safety, may approve the transfer of cash between the following four funds that receive fine revenues from enforcement of the mandatory seat belt law: the Trauma and Emergency Medical Services Fund (Fund 83M), the Elementary School Program Fund (Fund 83N), the Trauma and Emergency Medical Services Grants Fund (Fund 83P), and the Seat Belt Education Fund (Fund 844).
SECTION 213.10. 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 | | $ | 1,032,135 | | $ | 1,032,135 | TOTAL HSF State Highway Safety | | | | | | | Fund Group | | $ | 1,546,319 | | $ | 1,546,319 |
Liquor Control Fund Group
043 | 767-321 | | Liquor Enforcement - Operations | | $ | 11,435,527 | | $ | 11,546,052 | TOTAL LCF Liquor Control Fund | | | | | | | Group | | $ | 11,435,527 | | $ | 11,546,052 |
State Special Revenue Fund Group
5B9 | 766-632 | | Private Investigator and Security Guard Provider | | $ | 1,288,730 | | $ | 1,289,883 | 5CM | 767-691 | | Federal Investigative Seizure | | $ | 642,175 | | $ | 642,175 | 622 | 767-615 | | Investigative Contraband and Forfeiture | | $ | 375,000 | | $ | 375,000 | 850 | 767-628 | | Investigative Unit Salvage | | $ | 100,000 | | $ | 100,000 | TOTAL SSR State Special Revenue | | | | | | | Fund Group | | $ | 2,405,905 | | $ | 2,407,058 | TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Special Enforcement | | $ | 15,387,751 | | $ | 15,499,429 |
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 215.10. EMERGENCY MANAGEMENT Federal Special Revenue Fund Group
3N5 | 763-644 | | U.S. Department of Energy Agreement | | $ | 175,000 | | $ | 175,000 | 329 | 763-645 | | Individual Household Grants - Federal | | $ | 13,831,920 | | $ | 13,848,251 | 337 | 763-609 | | Federal Disaster Relief | | $ | 27,700,200 | | $ | 27,707,636 | 339 | 763-647 | | Emergency Management Assistance and Training | | $ | 85,121,692 | | $ | 85,265,885 | TOTAL FED Federal Special | | | | | | | Revenue Fund Group | | $ | 126,828,812 | | $ | 126,996,772 |
State Special Revenue Fund Group
4V3 | 763-662 | | EMA Service and Reimbursement | | $ | 650,000 | | $ | 650,000 | 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 | | $ | 2,181,510 | | $ | 2,181,510 | TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Emergency Management | | $ | 129,010,322 | | $ | 129,178,282 |
STATE DISASTER RELIEF
The appropriation item 763-601, State Disaster Relief (Fund 533), may accept transfers of cash and appropriations from Controlling Board appropriation items for Ohio Emergency Management Agency disaster response costs and disaster program management costs, and may also be used for the following purposes:
(A) To accept transfers of cash and appropriations from Controlling Board appropriation items for Ohio Emergency Management Agency public assistance and mitigation program match costs to reimburse eligible local governments and private nonprofit organizations for costs related to disasters;
(B) To accept and transfer cash to reimburse the costs associated with Emergency Management Assistance Compact (EMAC) deployments;
(C) To accept disaster related reimbursement from federal, state, and local governments. The Director of Budget and Management may transfer cash from reimbursements received by this fund to other funds of the state from which transfers were originally approved by the Controlling Board.
(D) To accept transfers of cash and appropriations from Controlling Board appropriation items to fund the State Disaster Relief Program, for disasters that have been declared by the Governor, and the State Individual Assistance Program for disasters that have been declared by the Governor and the federal Small Business Administration. The Ohio Emergency Management Agency shall publish and make available application packets outlining procedures for the State Disaster Relief Program and 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 217.10. CRIMINAL JUSTICE SERVICES
General Services Fund Group
4P6 |
768-601 |
|
Justice Program Services |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL GSF General Services Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
Federal Special Revenue Fund Group
3AY |
768-606 |
|
Federal Justice Grants |
|
$ |
13,019,284 |
|
$ |
13,060,000 |
3L5 | 768-604 | | Justice Program | | $ | 11,880,083 | | $ | 12,056,300 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
24,899,367 |
|
$ |
25,116,300 |
State Special Revenue Fund Group
5BK |
768-687 |
|
Criminal Justice Services Operating |
|
$ |
400,000 |
|
$ |
400,000 |
5BK | 768-689 | | Family Violence Shelter Programs | | $ | 750,000 | | $ | 750,000 |
TOTAL SSR Special Revenue Fund Group |
|
$ |
1,150,000 |
|
$ |
1,150,000 |
TOTAL ALL BUDGET FUND GROUPS - Criminal Justice Services |
|
$ |
26,149,367 |
|
$ |
26,366,300 |
TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF PUBLIC SAFETY Business commenced but not completed by the Office of Criminal Justice Services on July 1, 2005, shall be completed by the Division of Criminal Justice Services, in the same manner, and with the same effect, as if completed by the Office of Criminal Justice Services. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer required by this section but shall be administered by the Division of Criminal Justice Services.
FUND CLARIFICATIONS The fund created by the amendment in this act to section 5502.62 of the Revised Code is the same fund, with a new name, as the Justice Programs Fund (Fund 3L5). The fund created by section 5502.67 of the Revised Code is the same fund, with a new name, as the General Services Fund (Fund 4P6).
FAMILY VIOLENCE PREVENTION FUND
Notwithstanding any other provision of law to the contrary, in each of fiscal years 2008 and 2009, the first $750,000 received to the credit of the Family Violence Prevention Fund (Fund 5BK) in each of those fiscal years shall be appropriated to appropriation item 768-689, Family Violence Shelter Programs, and the next $400,000 received to the credit of the Family Violence Prevention Fund (Fund 5BK) in each of those fiscal years shall be appropriated to appropriation item 768-687, Criminal Justice Services Operating. Any moneys received to the credit of the Family Violence Prevention Fund (Fund 5BK) in excess of the aforementioned appropriated amounts in each fiscal year shall, upon the approval of the Controlling Board, be disbursed to provide grants to family violence shelters in Ohio. SECTION 219.10. 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 | | $ | 20,000 | | $ | 20,000 |
TOTAL HSF State Highway Safety | | | | | | |
Fund Group | | $ | 4,481,836 | | $ | 4,481,836 |
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 | | $ | 4,981,836 | | $ | 4,981,836 |
SECTION 221.10. DEBT SERVICE State Highway Safety Fund Group
036 | 761-401 | | Lease Rental Payments | | $ | 13,929,500 | | $ | 14,017,100 |
TOTAL HSF State Highway Safety | | | | | | |
Fund Group | | $ | 13,929,500 | | $ | 14,017,100 |
TOTAL ALL BUDGET FUND GROUPS - | | | | | | |
Debt Service | | $ | 13,929,500 | | $ | 14,017,100 |
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, 2007, to June 30, 2009, under the primary
leases and agreements for public safety related buildings financed by 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. HILLTOP TRANSFER The Director of Public Safety shall determine, per an
agreement with the
Director of Transportation, the share of each
debt service payment made out of
appropriation item 761-401, Lease
Rental Payments, that relates to the
Department of
Transportation's portion of the Hilltop Building Project, and
shall certify to the Director of Budget and Management the amounts
of this
share. The Director of Budget and Management shall
transfer the amounts of such shares from
the Highway Operating Fund (Fund 002) to
the Highway Safety Fund (Fund 036). SECTION 223.10. REVENUE DISTRIBUTION Holding Account Redistribution Fund Group
R24 | 762-619 | | Unidentified Motor Vehicle Receipts | | $ | 1,885,000 | | $ | 1,885,000 | R52 | 762-623 | | Security Deposits | | $ | 350,000 | | $ | 350,000 | TOTAL 090 Holding Account | | | | | | | Redistribution Fund Group | | $ | 2,235,000 | | $ | 2,235,000 | TOTAL ALL BUDGET FUND GROUPS - | | | | | | | Revenue Distribution | | $ | 2,235,000 | | $ | 2,235,000 |
TOTAL Department of Public Safety
TOTAL HSF State Highway Safety | | | | | | | Fund Group | | $ | 510,027,743 | | $ | 516,663,269 | TOTAL SSR State Special Revenue | | | | | | | Fund Group | | $ | 5,937,415 | | $ | 5,938,568 | TOTAL LCF Liquor Control | | | | | | | Fund Group | | $ | 11,435,527 | | $ | 11,546,052 | TOTAL GSF General Services | | | | | | | Fund Group | | $ | 935,862 | | $ | 989,149 | TOTAL FED Federal Special Revenue | | | | | | | Fund Group | | $ | 151,728,179 | | $ | 152,113,072 | TOTAL AGY Agency Fund Group | | $ | 1,500,000 | | $ | 1,500,000 | TOTAL 090 Holding Account | | | | | | | Redistribution Fund Group | | $ | 2,235,000 | | $ | 2,235,000 | TOTAL ALL BUDGET FUND GROUPS | | $ | 683,799,726 | | $ | 690,985,110 |
SECTION 225.10. 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.
SECTION 227.10. DEV DEPARTMENT OF DEVELOPMENT State Special Revenue Fund Group
4W0 | 195-629 | | Roadwork Development | | $ | 18,699,900 | | $ | 18,699,900 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 18,699,900 | | $ | 18,699,900 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 18,699,900 | | $ | 18,699,900 |
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.
TRANSPORTATION IMPROVEMENT DISTRICTS
Notwithstanding section 5540.151 of the Revised Code, of the foregoing appropriation item 195-629, Roadwork Development, $250,000 in each fiscal year of the biennium shall be granted by the Director of Development to each of the transportation improvement districts of Butler, Clermont, Hamilton, Lorain, Medina, Montgomery, Muskingum, and Stark counties and to the Rossford Transportation Improvement District in Wood County. Any grant made under this paragraph is not subject to the restrictions of appropriation item 195-629, Roadwork Development.
SECTION 229.10. PWC PUBLIC WORKS COMMISSION Local Transportation Improvements Fund Group
052 | 150-402 | | Local Transportation Improvement Program - Operating | | $ | 291,537 | | $ | 306,178 |
052 | 150-701 | | Local Transportation Improvement Program | | $ | 67,500,000 | | $ | 67,500,000 |
TOTAL 052 Local Transportation | | | | | | |
Improvements Fund Group | | $ | 67,791,537 | | $ | 67,806,178 |
Local Infrastructure Improvements Fund Group
038 | 150-321 | | State Capital Improvements Program - Operating Expenses | | $ | 879,237 | | $ | 918,912 |
TOTAL LIF Local Infrastructure
| | | | | | |
Improvements Fund Group | | $ | 879,237 | | $ | 918,912 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 68,670,774 | | $ | 68,725,090 |
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 $1,235,000 per fiscal year. Each public works district may be eligible for up to
$65,000 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. REAPPROPRIATIONS All capital appropriations from the Local Transportation
Improvement
Program Fund (Fund 052) in Am. Sub. H.B. 68 of the
126th
General Assembly remaining unencumbered as of June 30, 2007,
are
reappropriated for use during the period July 1, 2007, through
June 30, 2008, 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, 2008, are reappropriated
for use during the period July 1, 2008, through June 30, 2009, for
the same purposes, subject to the availability of
revenue as
determined by the Director of the Public Works
Commission. SECTION 303.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO
APPROPRIATIONS Law contained in the main operating appropriations act of the
127th 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 305.10. 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 305.20. The amounts transferred during the fiscal years 2008-2009 biennium to the Deputy Inspector General for ODOT Fund by the Director of Budget and Management pursuant to section 121.51 of the Revised Code are hereby appropriated. SECTION 310.10. In proceeding with the construction project involving United States Route 68 in Champaign County, the Director of Transportation shall credit the proceeds from any sale of land previously acquired for the project to the local matching funds required for the project. SECTION 315.10. OHIO TURNPIKE COMMISSION NOISE MITIGATION PILOT PROJECT
There is hereby created the Community Resolution Fund, which shall be in the custody of the Treasurer of State but shall not be part of the state treasury. Notwithstanding any other provision of law to the contrary, on the first day of July in each of 2007 and 2008, or as soon as practicable thereafter in each of those years, the Treasurer of State shall transfer cash in the amount of $250,000 from the Highway Operating Fund (Fund 002) to the Community Resolution Fund. The Treasurer of State shall pay $250,000 from the fund early in fiscal year 2008 and $250,000 early in fiscal year 2009 to the Ohio Turnpike Commission, which shall use the money for the study and pilot program required by the section.
The Ohio Turnpike Commission shall perform a study of noise impact mitigation methods or techniques that may be used as an alternative to traditional sound barriers on the turnpike project. The study shall examine the viability of alternative noise impact mitigation methods or techniques that may be installed to alleviate traffic noise that is in excess of the criteria contained in the Ohio Department of Transportation's "Standard Procedures for the Analysis and Abatement of Highway Traffic Noise." After completing the study, but before June 30, 2008, the Ohio Turnpike Commission shall commence a pilot program utilizing one or more alternative noise impact mitigation methods or techniques examined in the study, and shall submit a report containing the results of the pilot program and projected costs of further implementation to the Turnpike Legislative Review Committee not later than December 30, 2008. After the fiscal year 2009 payment of $250,000 is made to the Ohio Turnpike Commission, the Community Resolution Fund is abolished, and the Treasurer of State shall transfer any cash balance that remains credited to that fund to the Highway Operating Fund.
SECTION 401.05. That Section 755.03 of Am. Sub. H.B. 530 of the 126th General Assembly be amended to read as follows: Sec. 755.03. (A) There is hereby created the Ohio Transportation Task Force consisting of the following twenty-four members: three members of the House of Representatives, all of whom shall be appointed by the Speaker of the House of Representatives and not more than two of whom shall be from the same political party as the Speaker of the House of Representatives; three members of the Senate, all of whom shall be appointed by the President of the Senate and not more than two of whom shall be from the same political party as the President of the Senate; the Director of Development or the Director's designee; the Director of Public Safety or the Director's designee; the Director of Transportation or the Director's designee; the Superintendent of the State Highway Patrol or the Superintendent's designee; nine ten members appointed jointly by the Speaker of the House of Representatives and the President of the Senate, with each such member being selected from a list of three individuals with the Ohio Aggregates Association, the Ohio Coal Association, the Ohio Farm Bureau, the Ohio Trucking Association, the County Engineers Association of Ohio, the Ohio Municipal League, the Ohio Township Association, the Ohio Association of Regional Councils, the Ohio Contractors Association, and the Ohio Manufacturers' Association each submitting such a list to the Speaker of the House of Representatives and the President of the Senate for their consideration; three additional members appointed jointly by the Speaker of the House of Representatives and the President of the Senate, with one member representing the industry that transports freight by air, one member representing the industry that transports freight by water, and one member representing the industry that transports freight by rail; and one person appointed by the Speaker of the House of Representatives and one person appointed by the President of the Senate, both of whom shall represent the general public.
All initial appointments to the Task Force shall be made not later than sixty days after the effective date of this section and the member from the Ohio Contractors Association shall be appointed within sixty days after the effective date of the amendment of this section. Vacancies shall be filled in the same manner provided for original appointments.
The Speaker of the House of Representatives and the President of the Senate each shall appoint a co-chairperson of the Task Force from among the appointees who are members of their respective chambers of the General Assembly. The Task Force may elect from among its members any other officers it considers advisable. The co-chairpersons shall call the first meeting of the Task Force not later than thirty days after the last member has been appointed.
The Legislative Service Commission shall provide any staff or services the Task Force may require.
(B) The Task Force shall examine and evaluate the state's ability to provide for the safe and efficient movement of freight within this state during the next two decades including all of the following: (1) The state's policies on transportation infrastructure development, funding, and investment; (2) The benefits of public investment in transportation infrastructure; (3) The statutes and rules that impact the transportation of freight, including the weight provisions and permit requirements of existing law. The Task Force shall make recommendations to enhance the state's ability to provide for the safe and efficient movement of freight within this state during that future time period.
The Task Force also may consider or evaluate existing statewide freight studies and data, Ohio Department of Transportation policies on safety and congestion, multi-modal projects, national freight perspectives, transportation initiatives of other states in these areas, and potential revenue options. The Task Force may evaluate these items to determine how they may affect the state's ability to provide for the safe and efficient movement of freight within this state during the next two decades.
(C) Not later than December 15, 2007, the Task Force shall issue a report containing its findings and recommendations. The Task Force shall send a copy of the report to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, and the Governor. Upon issuance of the report, the Task Force shall cease to exist.
SECTION 401.06. That existing Section 755.03 of Am. Sub. H.B. 530 of the 126th General Assembly is hereby repealed.
SECTION 401.10. That Section 243.10 of Am. Sub. H.B. 530 of the 126th General Assembly, as amended by Am. Sub. H.B. 699 of the 126th General Assembly, be amended to read as follows: Sec. 243.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Cultural and Sports Facilities Building Fund (Fund 030) that are not otherwise appropriated: AFC CULTURAL FACILITIES COMMISSION
CAP-003 | | Center of Science and Industry - Toledo | | $ | 7,542 | CAP-033 | | Woodward Opera House Renovation | | $ | 1,150,000 | CAP-038 | | Center Exhibit Replacement | | $ | 816,000 | CAP-042 | | Statewide Site Exhibit/Renovation & Construction | | $ | 123,000 | CAP-043 | | Statewide Site Repairs | | $ | 200,100 | CAP-046 | | Cincinnati Museum Center Improvements | | $ | 250,000 | CAP-053 | | Powers Auditorium Improvements | | $ | 250,000 | CAP-055 | | Waco Museum
& Aviation Learning Center | | $ | 500,000 | CAP-058 | | Cedar Bog Nature Preserve Education Center | | $ | 766,200 | CAP-064 | | Bramley Historic House | | $ | 75,000 | CAP-065 | | Beck Center for the Cultural Arts | | $ | 100,000 | CAP-066 | | Delaware County Cultural Arts Center | | $ | 40,000 | CAP-071 | | Cleveland Institute of Music | | $ | 1,500,000 | CAP-072 | | West Side Arts Consortium | | $ | 138,000 | CAP-073 | | Ice Arena Development | | $ | 5,500,000 | CAP-074 | | Stan Hywet Hall & Gardens | | $ | 1,000,000 | CAP-075 | | McKinley Museum Improvements | | $ | 125,000 | CAP-076 | | Spring Hill Historic Home | | $ | 125,000 | CAP-079 | | Lorain Palace Civic Theatre | | $ | 200,000 | CAP-080 | | Great Lakes Historical Society | | $ | 150,000 | CAP-745 | | Historic Sites and Museums | | $ | 604,453 | CAP-753 | | Buffington Island State Memorial | | $ | 73,500 | CAP-769 | | Rankin House State Memorial | | $ | 192,000 | CAP-781 | | Historical Center Archives/Library | | $ | 624,000 | CAP-784 | | Ohio Historical Center Rehabilitation | | $ | 1,523,737 | CAP-789 | | Neil Armstrong Air and Space Museum Improvements | | $ | 103,516 | CAP-809 | | Cincinnati Ballet Facility Improvements | | $ | 450,000 | CAP-814 | | Crawford Museum of Transportation
& Industry | | $ | 2,500,000 | CAP-820 | | Historical Center Ohio Village Buildings | | $ | 502,000 | CAP-821 | | Lorain County Historical Society | | $ | 300,000 | CAP-822 | | Armory Youth Center | | $ | 40,000 | CAP-823 | | Marion Palace Theatre | | $ | 1,575,000 | CAP-824 | | McConnellsville Opera House | | $ | 75,000 | CAP-825 | | Secrest Auditorium | | $ | 75,000 | CAP-826 | | Renaissance Theatre | | $ | 700,000 | CAP-827 | | Trumpet in the Land | | $ | 100,000 | CAP-829 | | Mid-Ohio Valley Players | | $ | 80,000 | CAP-830 | | The Anchorage | | $ | 50,000 | CAP-834 | | Galion Historic Big Four Depot Restoration | | $ | 170,000 | CAP-835 | | Jamestown Opera House | | $ | 125,000 | CAP-837 | | Lake County Historical Society | | $ | 250,000 | CAP-839 | | Hancock Historical Society | | $ | 75,000 | CAP-840 | | Riversouth Development | | $ | 1,000,000 | CAP-841 | | Ft. Piqua Hotel | | $ | 200,000 | CAP-843 | | Marina District Amphitheatre and Related Development | | $ | 2,000,000 | CAP-844 | | Chas. A. Eulett Education Center/Appalachian Museum | | $ | 1,850,000 | CAP-845 | | Lima Historic Athletic Field | | $ | 100,000 | CAP-846 | | Butler Palace Theatre | | $ | 200,000 | CAP-847 | | Voice Of America Museum | | $ | 275,000 | CAP-848 | | Oxford Arts Center ADA Project | | $ | 72,000 | CAP-849 | | Clark County Community Arts Expansion Project | | $ | 500,000 | CAP-850 | | Westcott House Historic Site | | $ | 75,000 | CAP-851 | | Gen. Lytle Homestead-Harmony Hill | | $ | 50,000 | CAP-852 | | Miami Township Community Amphitheatre | | $ | 50,000 | CAP-853 | | Western Reserve Historical Society | | $ | 1,000,000 3,500,000 | CAP-854 | | Cleveland Steamship Mather Museum | | $ | 100,000 | CAP-855 | | Rock and Roll Hall of Fame | | $ | 250,000 | CAP-858 | | Strongsville Historic Building | | $ | 100,000 | CAP-859 | | Arts Castle | | $ | 100,000 | CAP-860 | | Great Lakes Historical Society | | $ | 325,000 |
CAP-861 | | Ohio
Glass Museum | | $ | 250,000 | CAP-863 | | Ariel Theatre | | $ | 100,000 | CAP-864 | | Bellbrook/Sugarcreek Historical Society | | $ | 10,000 | CAP-867 | | Ensemble Theatre | | $ | 450,000 | CAP-868 | | Taft Museum | | $ | 500,000 | CAP-869 | | Art Academy of Cincinnati | | $ | 100,000 | CAP-870 | | Riverbend Pavilion Improvements | | $ | 250,000 | CAP-871 | | Cincinnati Art and Technical Academy - Longworth Hall | | $ | 100,000 | CAP-872 | | Music Hall: Over-The-Rhine | | $ | 750,000 | CAP-873 | | John Bloomfield Home Restoration | | $ | 115,000 | CAP-874 | | Malinta Historical Society Caboose Exhibit | | $ | 6,000 | CAP-875 | | Hocking County Historic Society - Schempp House | | $ | 10,000 | CAP-876 | | Art Deco Markay Theatre | | $ | 200,000 | CAP-877 | | Harvey Wells House | | $ | 100,000 | CAP-879 | | Broad Street Historical Renovation | | $ | 300,000 | CAP-880 | | Amherst Historical Society | | $ | 35,000 | CAP-881 | | COSI - Toledo | | $ | 1,580,000 | CAP-882 | | Ohio Theatre - Toledo | | $ | 100,000 | CAP-883 | | Chester Academy Historic Site Renovation | | $ | 25,000 | CAP-884 | | Bradford Ohio Railroad Museum | | $ | 100,000 | CAP-885 | | Montgomery County Historical Society Archives | | $ | 100,000 | CAP-886 | | Nelson T. Gant Historic Homestead | | $ | 25,000 | CAP-887 | | Aurora Outdoor Sports Complex | | $ | 50,000 | CAP-888 | | Preble County Historical Society | | $ | 100,000 | CAP-889 | | Tecumseh Sugarloaf Mountain Amphitheatre | | $ | 120,000 | CAP-890 | | Pro Football Hall of Fame | | $ | 400,000 | CAP-891 | | Maps Air Museum | | $ | 15,000 | CAP-892 | | Foundation Community Theatre | | $ | 50,000 | CAP-893 | | William McKinley Library Restoration | | $ | 250,000 | CAP-896 | | Richard Howe House | | $ | 100,000 | CAP-897 | | Ward-Thomas Museum | | $ | 30,000 | CAP-898 | | Packard Music Hall Renovation Project | | $ | 675,000 | CAP-899 | | Holland Theatre | | $ | 100,000 | CAP-900 | | Van Wert
Historical Society | | $ | 32,000 | CAP-901 | | Warren County Historical Society | | $ | 225,000 | CAP-902 | | Marietta Colony Theatre | | $ | 335,000 | CAP-903 | | West Salem Village Opera House | | $ | 92,000 | CAP-904 | | Beavercreek Community Theater | | $ | 100,000 | CAP-905 | | Smith Orr Homestead | | $ | 100,000 | Total Cultural Facilities Commission | | $ | 39,431,048 | TOTAL Cultural and Sports Facilities Building Fund | | $ | 39,431,048 |
ICE ARENA DEVELOPMENT The amount reappropriated for the foregoing appropriation item CAP-073, Ice Arena Development, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-073, Ice Arena Development, which prior to July 1, 2006, was named "Marina District/Ice Arena Development," plus $2,000,000. Notwithstanding any provision of law to the contrary, on July 1, 2006, or as soon thereafter as possible, the Director of Budget and Management shall transfer $2,000,000 from CAP-843, Marina District Amphitheatre and Related Development, which prior to July 1, 2006, was named "Marina District/Ice Arena Development," to CAP-073, Ice Arena Development. The foregoing appropriation item CAP-073, Ice Arena Development, shall be used by the County of Lucas for the development of an ice arena in the City of Toledo. MARINA DISTRICT AMPHITHEATRE AND RELATED DEVELOPMENT The amount reappropriated for the foregoing appropriation item CAP-843, Marina District Amphitheatre and Related Development, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-843, Marina District Amphitheatre and Related Development, which prior to July 1, 2006, was named "Marina District/Ice Arena Development," minus $2,000,000. The foregoing appropriation item CAP-843, Marina District Amphitheatre and Related Development, shall be used by the City of Toledo for the development of an amphitheatre and related developments in the Marina District of Toledo. PACKARD MUSIC HALL RENOVATIONS PROJECT
The amount reappropriated for the foregoing appropriation item CAP-898, Packard Music Hall Renovation Project, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-898, Packard Music Hall Renovation Project, plus $575,000 of the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-063, Robins Theatre Renovations.
EAST BOULEVARD/UNIVERSITY CIRCLE PROJECT Of the foregoing appropriation item CAP-853, Western Reserve Historical Society, $2,500,000 shall be used for the East Boulevard/University Circle project.
SECTION 401.11. That existing Section 243.10 of Am. Sub. H.B. 530 of the 126th General Assembly, as amended by Am. Sub. H.B. 699 of the 126th General Assembly, is hereby repealed.
SECTION 403.05. That Sections 235.20.20 and 235.30.70 of Am. Sub. H.B. 699 of the 126th General Assembly be amended to read as follows: Sec. 235.20.20. CLS CLEVELAND STATE UNIVERSITY
CAP-023 | | Basic Renovations | | $ | 3,796,031 | CAP-125 | | College of Education | | $ | 10,115,719 | CAP-148 | | Cleveland Institute of Art | | $ | 1,000,000 | CAP-163 | | Anthropology Department Renovations/Relocation | | $ | 400,000 | CAP-164 | | Chester Building Annex Demolition | | $ | 921,583 | CAP-165 | | Bakers Building Renovations | | $ | 1,328,583 | CAP-166 | | Playhouse Square Center - Hanna Theatre | | $ | 750,000 | CAP-167 | | Cleveland State University Windtower Generator Project | | $ | 400,000 | CAP-168 | | Kenston Wind Turbine Project in Geauga (CSU Engineering Department) | | $ | 300,000 | CAP-169 | | Cleveland Museum of Art | | $ | 3,000,000 | Total Cleveland State University | | $ | 22,011,916 18,261,916 |
Sec. 235.30.70. CCC CUYAHOGA COMMUNITY COLLEGE
CAP-031 | | Basic Renovations | | $ | 3,866,782 | CAP-095 | | Collegewide Asset Protection and Building Codes Upgrade | | $ | 2,411,797 | CAP-099 | | Hospitality Management Program | | $ | 4,000,000 | CAP-100 | | Theater/Auditorium Renovations | | $ | 4,036,552 | CAP-101 | | Nursing Clinical Simulation Center | | $ | 250,000 | CAP-102 | | Rock and Roll Hall of Fame Archives | | $ | 200,000 | CAP-166 | | Playhouse Square Center - Hanna Theatre | | $ | 750,000 | CAP-169 | | Cleveland Museum of Art | | $ | 3,000,000 | Total Cuyahoga Community College | | $ | 14,765,131 18,515,131 |
SECTION 403.06. That existing Sections 235.20.20 and 235.30.70 of Am. Sub. H.B. 699 of the 126th General Assembly are hereby repealed. SECTION 545.03. The amendment by this act of section 4561.18 of the Revised Code shall first apply to the registration form to be filed and associated license tax to be paid in 2007. If a taxpayer has filed the registration for 2007 and paid the tax due for 2007, and the amendment by this act of section 4561.18 of the Revised Code results in a reduction of the aircraft license tax due in 2007, the taxpayer is entitled to claim a refund of the excess tax paid using procedures the Ohio Department of Transportation shall establish for the purpose. Any refund claim authorized under this section shall be filed with the Department of Transportation on or before December 31, 2007, and the refund shall be paid within ninety days after the filing of the refund claim. SECTION 550.10. FEDERAL JUSTICE GRANTS FUND
The Federal Justice Grants Fund created by the amendment by this act of section 5502.62 of the Revised Code is the same fund, with a new name, as the Justice Programs Fund (Fund 3L5). SECTION 550.20. JUSTICE PROGRAM SERVICES FUND
The Justice Program Services Fund created by section 5502.67 of the Revised Code is the same fund, with a new name, as the General Services Fund (Fund 4P6). SECTION 555.05. The Director of Public Safety, in accordance with section 205(b) of the REAL ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231, 315, 49 U.S.C. 30301 note, and rules adopted thereunder, shall request an extension of time to meet the requirements of the REAL ID Act of 2005. The request shall comply with requirements of the Department of Homeland Security and shall notify the Department of the necessity for additional time to enable Ohio to implement the rules of the Department. The Director shall make the request as soon as practicable, but not later than October 1, 2007. SECTION 555.06. The Bureau of Motor Vehicles shall implement the provisions of section 4503.10 of the Revised Code, as amended by this act, concerning the use of a driver's license number or a state identification number for vehicle registration purposes, by September 1, 2007. SECTION 555.07. From July 1, 2007, through June 30, 2009, three or fewer steel coils are deemed to be a nondivisible load for purposes of special permits issued under section 4513.34 of the Revised Code, provided that the maximum overall gross vehicle weight of the vehicle and load shall not exceed 92,000 pounds.
SECTION 555.08. The Department of Transportation shall construct the major new construction projects selected by the Transportation Review Advisory Council on December 20, 2006, as Tier I projects for construction in fiscal years 2007 through 2013 and shall not undertake other major new construction projects until construction of such selected Tier I projects has commenced in accordance with the December 20, 2006, recommendations. The Transportation Review Advisory Council may recommend additional major new projects in accordance with the policies promulgated by the Council, but new Tier I projects shall not be given priority over Tier I projects recommended on December 20, 2006.
SECTION 555.10. (A) On or before December 31, 2007, a transportation improvement district and any two or more governmental agencies may enter into an agreement providing for the joint financing of any street, highway, interchange, or other transportation project. Any such agreement shall be approved by resolution or ordinance passed by the legislative authority of each of the parties to such agreement, which resolution or ordinance shall authorize the execution thereof by a designated official or officials of each of such parties, and such agreement, when so approved and executed, shall be in full force and effect. (B)(1) Subject to division (B)(2) of this section, any party to such an agreement may issue and, notwithstanding any other provision of the Revised Code, a district may purchase directly from the party as an investment, securities to evidence the obligations of that party to the district pursuant to the agreement for its portion of the cost of the project pursuant to Chapter 133. or other applicable provisions of the Revised Code. (2) More than half of the property necessary for any project undertaken pursuant to an agreement under this section for which a district is purchasing securities under division (B)(1) of this section shall be located within the territory of the transportation improvement district. (C) Any term used in this section has the same meaning as defined in section 5540.01 of the Revised Code, as amended by this act, unless the context clearly requires another meaning. SECTION 555.15. The Director of Transportation may enter into agreements as provided in this section with the United States or any department or agency of the United States, including, but not limited to, the United States Army Corps of Engineers, the United States Forest Service, the United States Environmental Protection Agency, and the United States Fish and Wildlife Service. An agreement entered into pursuant to this section shall be solely for the purpose of dedicating staff to the expeditious and timely review of environmentally related documents submitted by the Department of Transportation, as necessary for the approval of federal permits. The agreements may include provisions for advance payment by the Department of Transportation for labor and all other identifiable costs of providing the services by the United States or any department or agency of the United States, as may be estimated by the United States, or the department or agency of the United States. The Director shall submit a request to the Controlling Board indicating the amount of the agreement, the services to be performed by the United States or the department or agency of the United States, and the circumstances giving rise to the agreement.
SECTION 555.17. There is hereby created the State Highway Patrol Funding Task Force. The Task Force shall study the method of funding the State Highway Patrol and shall issue a report of its findings to the General Assembly and the Governor by July 1, 2008. The Governor shall appoint the members of the Task Force. The Task Force shall include in the report a recommendation for a dedicated and stable long-term funding source for the State Highway Patrol. Upon issuing its report, the Task Force shall cease to exist. SECTION 555.19. In fiscal year 2008, the Department of Transportation shall expend at least $400,000 in the township having the largest geographic area for a pilot program involving the installation and operation of a system of portable signal preemption devices. Use of the devices in the pilot program shall be in accordance with section 4511.031 of the Revised Code. The Department shall consult with appropriate township officials in implementing the pilot program. SECTION 557.10. (A) Notwithstanding Chapter 5735. of the Revised Code, the following shall apply for the period of July 1, 2007, through June 30, 2009:
(1) For the discount under section 5735.06 of the Revised Code, if the monthly report is timely filed and the tax is timely paid, 1.0 per cent of the total number of gallons of motor fuel received by the motor fuel dealer within the state during the preceding calendar month, less the total number of gallons deducted under divisions (B)(1)(a) and (b) of section 5735.06 of the Revised Code, less 0.50 per cent of the total number of gallons of motor fuel that were sold to a retail dealer during the preceding calendar month.
(2) For the semiannual periods ending December 31, 2007, June 30, 2008, December 31, 2008, and June 30, 2009, the refund provided to retail dealers under section 5735.141 of the Revised Code shall be 0.50 per cent of the Ohio motor fuel taxes paid on fuel purchased during those semiannual periods.
(B) Each retail dealer is allowed a vendor discount equal to 0.90% of the motor fuel taxes paid on motor fuel purchased by the retail dealer during each of the semiannual periods occurring during the biennium beginning July 1, 2007, and ending June 30, 2009. The vendor discount shall be refunded to the retail dealer upon application by the dealer to the Tax Commissioner within 120 days after the end of each such semiannual period in the manner prescribed by the Tax Commissioner. The vendor discount is in addition to any other refund allowed the dealer under division (A) of this section. The vendor discount shall be paid in the same manner and from the same fund as prescribed in section 5735.141 of the Revised Code. As used in this section, "motor fuel" and "retail dealer" have the same meanings as in section 5735.01 of the Revised Code. SECTION 571.10. (A) Notwithstanding the limitations in section 3313.41 of the Revised Code pertaining to the disposal of real estate, the South Point Board of Education is hereby authorized to execute a deed conveying to the Superintendent of the State Highway Patrol and its successors and assigns all of the Board's right, title, and interest in the following described real estate:
A certain tract of land situate in the southeast quarter of Section 29, Township 1 North, Range 16 West, Perry Township, Lawrence County, Ohio, on the waters of Willow Creek, and being more particularly bounded and described as follows:
Beginning for reference at a 1" iron pin (found) at the intersection of the centerline of County Road No. 60, commonly known as Sand Road, with the centerline of Township Road No. 161, commonly known as Willow Creek Road, and being on the line between Sections 29 and 32, marking a corner common to the lands now or formerly owned by Merle D. Adams, et ux, (D.V. 577, Pg. 110), and the lands now owned by the South Point Local Board of Education, (O.R.V. 316, Pg. 578), from which a window weight (found), on the said section line, bears: South 86° 47' 15" East 315.67 feet; thence, leaving the centerline of the said County Road No. 60, and the centerline of the said Township Road No. 161, and severing the said Section 29, North 64° 32' 11 East 646.96 feet to a point in the centerline of the said Township Road No. 161, and being in the line between the lands now or formerly owned by Brent Fugett, (O.R.V. 60, Pg. 192), and the lands of the said Board of Education, and marking the TRUE PLACE OF BEGINNING; thence, leaving the lands of the said Fugett and the centerline of the said Township Road No. 161, and severing the lands of the said Board of Education, as follows:
North 22° 55' 17" West, crossing Willow Creek, and passing a 5/8" x 32" reinforcing rod with a red plastic cap stamped "Eastham & Associates" (set), at 48.16 feet, in all 187.00 feet to a 5/8" x 32" reinforcing rod with a red plastic cap stamped "Eastham & Associates" (set),
North 00° 44' 19" West 233.19 feet to a 5/8" x 32" reinforcing rod with a red plastic cap stamped "Eastham & Associates" (set),
North 44° 39' 47" East 267.08 feet to a 5/8" x 32" reinforcing rod with a red plastic cap stamped "Eastham & Associates" (set),
North 74° 13' 35" East 270.00 feet to a 5/8" x 32" reinforcing rod with a red plastic cap stamped "Eastham & Associates" (set),
North 77° 34' 49" East 73.75 feet to a 5/8" x 32" reinforcing rod with a red plastic cap stamped "Eastham & Associates" (set) near a sharp bend in the said Creek,
South 46° 39' 17" East, crossing the said Willow Creek, and passing a 5/8" x 32" reinforcing rod with a red plastic cap stamped "Eastham & Associates" (set), at 115.75 feet, in all 129.24 feet to a point in the centerline of the said Township Road No. 161, and being in the line of the lands now or formerly owned by Janet R. Griffiths, (D.V. 558, Pg. 553); thence, with the lands of the said Griffiths, and with the centerline of the said Township Road No. 161, as follows:
South 52° 48' 03" West 66.81 feet,
South 49° 28' 30" West 65.96 feet,
South 40° 51' 16" West 54.26 feet,
South 38° 45' 31" West 81.05 feet,
South 42° 08' 15" West 109.93 feet,
South 39° 15' 42" West 78.12 feet,
South 33° 26' 56" West 104.46 feet,
South 33° 57' 48" West 74.78 feet,
South 48° 04' 56" West, passing a corner common to the lands of the said Fugett, in all 96.67 feet; thence, with the lands of the said Fugett, and continuing with the centerline of the said Road No. 161,
South 45° 33' 07" West 75.19 feet to the TRUE PLACE OF BEGINNING, containing 4.463 acres, more or less, as surveyed under the supervision of Ronald L. Eastham, Registered Professional Surveyor No. 6026, on July 25, 2006, and revised on September 18, 2006, as shown on the attached plat and made a part of this description.
The above described tract is a part of the same land as that described in a deed from Freddie L. Hayes, single, Danny J. Holschuh "AKA" Danny Holschuh and Lorelei Holschuh, husband and wife, dated September 24, 2004, and recorded in Official Record Volume 316, Page 578, in the Office of the Recorder of Lawrence County, Ohio.
And being a part of (0.404 ac.) the Auditor's Tax Parcel No. 15-124-1400.000, and a part of (4.059 ac.) the Auditor's Tax Parcel No. 15-124-1600.000.
And being subject to all restrictions, reservations, rights-of-ways, easements, utilities, covenants, exceptions, conveyances, leases and exclusions previously imposed and appearing of record, and those not of record.
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the mutual benefit accruing to the state and the South Point Board of Education from the State Highway Patrol's construction of a new patrol post on the real estate.
(C) Within one year after the effective date of this act, the South Point Board of Education shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the South Point Board of Education and delivered to the Superintendent of the State Highway Patrol. The Superintendent of the State Highway Patrol shall present the deed for recording in the office of the Lawrence County Recorder.
(D) This section expires five years after its effective date. SECTION 603.10. The sections and items of law contained in this act, and their applications, are severable. If any section or item of law contained in this act, or if any application of any section or item of law contained in this act, is held invalid, the invalidity does not affect other sections or items of law contained in this act and their applications that can be given effect without the invalid section or item of law or application. SECTION 609.10. 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 611.10. (A)(1) Insofar as the items of law in the uncodified sections of law contained in this act appropriate money for the current expenses of state government, earmark this class of appropriations, or depend for their implementation upon an appropriation of this class, the items of law are not subject to the referendum. To that extent therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, these items of law go into immediate effect when this act becomes law.
(2) Insofar as the items of law in the uncodified sections of law contained in this act appropriate money other than for the current expenses of state government, earmark this class of appropriations, or depend for their implementation upon an appropriation of this class, the items of law are subject to the referendum. To that extent therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, these items of law 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 of law, the item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law.
(B) 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 611.20. Sections 550.10, 550.20, and 571.10 of this act and the items of law of which they are composed are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the sections and items of law 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 section or against any such item of law, the section or item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law.
SECTION 615.10. The amendment by this act of Section 243.10 of Am. Sub. H.B. 530 of the 126th General Assembly and of Sections 235.20.20 and 235.30.70 of Am. Sub. H.B. 699 of the 126th General Assembly are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments 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 either amendment, the amendment, unless rejected at the referendum, takes effect at the earliest time permitted by law. SECTION 617.10. Section 557.10 of this act and the items it contains provide for or are essential to the implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the section and the items it contains are not subject to the referendum and go into immediate effect when this act becomes law. SECTION 620.10. Section 4561.18 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 66 and Am. Sub. S.B. 9 of
the 126th 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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