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H. B. No. 67 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Patton
A BILL
To amend sections 3705.242, 4511.101, 5501.10, 5502.03, 5502.62, 5516.01, 5516.02, 5516.06, and 5735.05 and to enact sections 5502.67 and 5531.11 of the Revised Code to make appropriations for, and to prescribe terms and conditions pertaining to, transportation purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 3705.242, 4511.101, 5501.10, 5502.03, 5502.62, 5516.01, 5516.02, 5516.06, and 5735.05 be amended and sections 5502.67 and 5531.11 of the Revised Code be enacted to read as follows: 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. 4511.101. (A) The director of transportation, in
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,
shall establish a program for the placement of business logos for
identification purposes on
state directional signs within the rights-of-way of divided, multi-lane,
limited access highways in both rural and urban
areas. The director shall adopt rules in accordance with Chapter 119. of the Revised Code to implement the program. (B)(1) All direct and indirect costs of the business logo
sign program established pursuant to this section shall be fully
paid by the businesses applying for participation in the program other than qualified attractions approved by the director under division (B)(2) of this section.
At any interchange where a business logo sign is erected, such
costs shall be divided equally among the participating
businesses other than approved qualified attractions. The direct and indirect costs of the program shall
include, but not be limited to, the cost of capital, directional
signs, blanks, posts, logos, installation, repair, engineering,
design, insurance, removal, replacement, and administration.
Nothing in this chapter shall be construed to prohibit the
director from establishing such a program. (2) The director may approve the participation of a charitable organization operating a qualified attraction in the business logo sign program if the director determines that promotion or protection of the qualified attraction serves a legitimate state interest. The director may approve such participation at no cost or at a nominal fee. (C) The director, in accordance with rules adopted
pursuant to Chapter 119. of the Revised Code under division (A) of this section, may contract with
any private person to operate, maintain, and market the business
logo sign program. The rules shall describe the terms of the
contract, and shall allow for a reasonable profit to be earned by
the successful applicant. In awarding the contract, the director
shall consider the skill, expertise, prior experience, and other
qualifications of each applicant. (D) As used in this section, "urban: (1) "Charitable organization" has the same meaning as in section 1716.01 of the Revised Code. (2) "Qualified attraction" includes natural wonders, and artistic, scenic, and historical attractions. (3) "Urban area" means an area
having a population of fifty thousand or more according to the
most recent federal census and designated as such on urban maps
prepared by the department. (E) Neither the department nor the director shall do either
of the
following: (1) Limit the right of any person to erect, maintain,
repair, remove, or utilize any off-premises or on-premises
advertising device; (2) Make participation in the business logo sign program
conditional upon a business agreeing to limit, discontinue,
withdraw, modify, alter, or change any advertising or sign. (F) The program shall permit the business logo signs of a seller of motor vehicle fuel to include on the seller's signs a marking or symbol indicating that the seller sells one or more types of alternative fuel so long as the seller in fact sells that fuel.
As used in this division, "alternative fuel" has the same meaning as in section 125.831 of the Revised Code.
Sec. 5501.10. (A)(1) Within three months of the effective date of this act June 30, 1995, the
department of transportation shall establish a written policy for the
classification and prioritization of all new construction plans and contracts.
The (2) Within three months of the effective date of this amendment, the department shall revise the policy required by division (A)(1) of this section. The revised policy shall require the prioritization of projects using a method that includes criteria that promote economic development, encourage the preservation and rehabilitation of existing transportation infrastructure, the expansion of capacity for all modes of public transportation, the reduction of traffic congestion in urban areas, the preservation and rehabilitation of airports, the improvement of rail freight services, the enhancement of safety, and land use decisions that reflect the requests of local communities. (B) The policy shall consider all aspects of new construction planning in a
manner allowing the comparison of competing projects. The director of
transportation shall utilize the policy in regard to all new construction
plans and contracts.
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 and 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;
Sec. 5516.02. No advertising device shall be erected or
maintained within six hundred sixty
feet of the edge of the right-of-way of a highway on the
interstate system
except the
following: (A) Directional and official signs
and notices that
conform to rules adopted by the
director of transportation; (B) Signs advertising the sale or lease of the property
upon which they are located; (C) Advertising devices indicating the name of the
business or profession conducted on such property or that
identify the goods produced, sold, or services rendered on such
property, and that conform to rules adopted by the director; (D) Advertising devices that are located in commercial or
industrial zones traversed by segments of the interstate system
within the boundaries of a municipal
corporation as such
boundaries existed on September 21, 1959, and that conform
to
rules adopted by the director; (E) Advertising devices that are located on the premises of a
professional sports facility and that conform to rules adopted by the
director.
Sec. 5516.06. No advertising device shall be erected
or maintained within six hundred sixty feet of the edge of the right-of-way of
a highway on the primary system except the following: (A) Directional and other official signs and notices
that conform to rules adopted
by the director of transportation; (B) Signs advertising the sale or lease of the property
upon which they are located; (C) Advertising devices indicating the name of the
business, activities, or profession conducted on such property or
that identify the goods produced, sold, or services rendered on
such property and that conform to rules adopted by the director; (D) Precautionary signs relating to the premises; (E) Signs, displays, or devices which locate, identify,
mark, or warn of the presence of pipe lines, utility lines, or
rail lines, and appurtenances thereof, including, but not limited
to, markers used in the maintenance, operation, observation, and
safety of said lines; (F) Advertising devices located in zoned or unzoned
industrial or commercial areas adjacent to highways on the
primary system that conform to rules adopted by the director; (G) Signs lawfully in existence on October 22, 1965, that
the director, subject to the approval of the secretary of the
United States department of transportation, has determined to be
landmark signs, including signs on farm structures or natural
surfaces, which are of historic or artistic significance; (H) Advertising devices that are located on the premises of a
professional sports facility and that conform to rules adopted by the
director.
Sec. 5531.11. (A) The director of transportation may enter into agreements and cooperate with the secretary of transportation or other appropriate official or agency of the United States as provided by the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users," 119 Stat. 1144 (2005), 23 U.S.C. 325 to 327, and the "National Environmental Policy Act of 1969," 83 Stat. 852, 42 U.S.C. 4321 et seq. Pursuant to such agreements, the director may perform environmental reviews, consult, make decisions, assume specified responsibilities of the secretary, and take other necessary actions required by the agreement and authorized under such federal laws. The director may adopt rules to implement and enforce this section. Any expenditure of money by the director in connection with agreements authorized by this section shall be payable from funds available to the director.
(B) Notwithstanding Chapter 2743. of the Revised Code, in regard to actions of the department of transportation authorized by this section, the state hereby waives its immunity from civil liability and consents to be sued, and have its civil liability determined, in an appropriate federal court in accordance with the same rules of law applicable to suits against a federal agency. This division applies only to actions of the department authorized by this section and by 23 U.S.C. 325 to 327.
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. Section 101.02. That existing sections 3705.242, 4511.101, 5501.10, 5502.03, 5502.62, 5516.01, 5516.02, 5516.06, and 5735.05 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
FUND |
|
|
TITLE |
|
|
FY 2008 |
|
|
FY 2009 |
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 |
|
$ |
14,181,118 |
|
$ |
15,263,100 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Aviation |
|
$ |
14,751,118 |
|
$ |
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. 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. 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 the first $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 |
|
$ |
15,387,750 |
|
$ |
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 - Fed |
|
$ |
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 |
|
$ |
128,814,272 |
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. 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). 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. 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 |
|
$ |
510,392,243 |
|
$ |
516,891,069 |
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 |
|
$ |
684,164,226 |
|
$ |
691,212,910 |
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.
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 |
|
$ |
66,294,245 |
|
$ |
66,306,509 |
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 |
|
$ |
67,185,569 |
|
$ |
67,225,906 |
DISTRICT ADMINISTRATION COSTS The Director of the Public Works Commission is authorized to
create a
District Administration Costs Program from interest earnings of the Capital Improvements
Fund and Local
Transportation Improvement Program Fund proceeds. The program shall be used to provide for the direct costs of district
administration of the nineteen
public works districts. Districts choosing to participate in the program
shall only expend Capital Improvements Fund moneys for Capital Improvements Fund costs and
Local
Transportation Improvement Program Fund moneys for Local Transportation Improvement
Program Fund costs. The account shall not exceed $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. 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
126th General Assembly that is generally applicable to the
appropriations made in the main operating appropriations act also
is generally applicable to the appropriations made in this act. Section 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 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 557.10. Notwithstanding Chapter 5735. of the Revised Code, the following shall apply for the period of July 1, 2007, through June 30, 2009:
(A) 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 percent 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 0.65 percent of the total number of gallons of motor fuel that were sold to a retail dealer during the preceding calendar month.
(B) 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 0.65 percent of the Ohio motor fuel taxes paid on fuel purchased during those semiannual periods. Section 603.10. The items of law contained in this act, and their applications, are severable. If any item of law contained in this act, or if any application of any item of law contained in this act, is held invalid, the invalidity does not affect other items of law contained in this act and their applications that can be given effect without the invalid 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 1c 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 1d 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 557.10 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.
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